request for proposals (rfp) management, operation and

27
REQUEST FOR PROPOSALS (RFP) Management, Operation and Maintenance of Eagle Landing State Park RFP #DEEP-BOR-06302020 Project Summary The State of Connecticut, Department of Energy and Environmental Protection (DEEP) is seeking proposals from qualified boat charter businesses, environmental educational organizations or non-profit organizations, with a water based mission, for the management operation and maintenance of a portion of the Eagle Landing State Park and associated docks/piers located on the west bank of the Connecticut River, immediately to the south of the Route 82/151 Swing Bridge in Haddam, Connecticut. Sport Fishing Charters will not be considered for this Concession. Contract Term: Five (5) years from the execution date of the Contract. The contract may be extended for an additional five (5) year period at the discretion of the DEEP and with the consent of the Concessionaire. Submission Deadline Letter of Intent to Apply must be received by 4:00 p.m. on July 20, 2020. One clearly marked original and three (3) copies of each proposal and any attachments must be delivered to DEEP’s Official Agency Contact listed below and date stamped no later than 4:00 p.m. on September 9, 2020. DEEP’s Official Agency Contact All applications/materials must be submitted to and communications shall be with: Tenia Seay DEEP Bureau of Outdoor Recreation Parks Division 79 Elm Street Hartford, CT 06106-5127 Phone: (860) 424-3064 Fax: (860) 424-4070 e-mail: [email protected]

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Page 1: REQUEST FOR PROPOSALS (RFP) Management, Operation and

REQUEST FOR PROPOSALS (RFP)

Management Operation and Maintenance of Eagle Landing State Park

RFP DEEP-BOR-06302020

Project Summary

The State of Connecticut Department of Energy and Environmental Protection (DEEP) is

seeking proposals from qualified boat charter businesses environmental educational

organizations or non-profit organizations with a water based mission for the management

operation and maintenance of a portion of the Eagle Landing State Park and associated

dockspiers located on the west bank of the Connecticut River immediately to the south of the

Route 82151 Swing Bridge in Haddam Connecticut Sport Fishing Charters will not be

considered for this Concession

Contract Term Five (5) years from the execution date of the Contract The contract may be

extended for an additional five (5) year period at the discretion of the DEEP and with the consent

of the Concessionaire

Submission Deadline

Letter of Intent to Apply must be received by 400 pm on July 20 2020

One clearly marked original and three (3) copies of each proposal and any attachments must

be delivered to DEEPrsquos Official Agency Contact listed below and date stamped no later than

400 pm on September 9 2020

DEEPrsquos Official Agency Contact

All applicationsmaterials must be submitted to and communications shall be with

Tenia Seay

DEEP ndash Bureau of Outdoor Recreation

Parks Division

79 Elm Street

Hartford CT 06106-5127

Phone (860) 424-3064

Fax (860) 424-4070

e-mail teniaseayctgov

Page 2 of 23

Table of Contents

1 Outline of Work 3

2 Required Qualifications 3

3 Review Criteria 3

4 Letter of Intent 3

5 RFP Timeline 4

6 Instructions for Proposers 4

A Required Format for Proposals 4

B Minimum Submission Requirements 6

C References 6

D Style Requirements 6

E Packaging and Labeling Requirements 6

F Inquiry Procedures 6

G Confidential Information 7

7 Communications Notice 7

8 Affidavits Concerning Gifts and Campaign Contributions 7

9 Iran Certification 7

10 Contract Compliance Requirements 7

11 RFP Conditions 8

12 Rights Reserved to DEEP 10

13 Agencyrsquos Standard Contract and Conditions 10

14 Park Descriptions 10

Page 3 of 23

1 Outline of Work

Proposals should clearly describe plans for the operation maintenance and development of the

property and piers for the duration of the proposed management agreement and address all items

delineated in Section 6 of this request for proposals

The Concessionaire will be responsible for all aspects of the boat charter 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 concession area and any 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 boat charter operation including but not limited to environmental permits for

site improvements

2 Required Qualifications

Primary consideration will be given to those proposals emphasizing

bull Water-dependent uses as defined in Section 22a-93(15) of the Connecticut General

Statutes

bull Public environmental programs and the extent to which programs are offered to a diverse

citizenry

bull Investment of funds services including plans for infrastructure site maintenance and

security

bull A strong commitment to public involvement and

bull The long-term protection and enhancement of open space and Connecticut River

resources

3 Review Criteria

bull Ability to meet the terms described in ldquoAttachment Ardquo of the Sample Contract (enclosed)

bull The Concessionairersquos ability to do the specified work

bull The Concessionairersquos understanding of the project and its purpose and scope as

evidenced by the proposed approach and the level of effort

bull Availability and competence of personnel

bull Conformity with specifications contained herein

bull Demonstration of commitment to Affirmative Action by full compliance with the

regulations of the Commission on Human Rights and Opportunities (CHRO)

4 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 400pm

on July 20 2020 As an original signature is required a letter of intent sent by e-mail will not

be accepted 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 11) the agencyrsquos standard contract and conditions (sample contract

enclosed) and the Statersquos contract compliance requirements (Request for Proposals Section 13

Page 4 of 23

and Sample Contract Section 4) in their entirety and without amendment The statement must

be signed by the Proposer

5 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

June 30 2020 RFP Released

July 20 2020 Letter of Intent Due

July 27 2020 Deadline for Questions

August 10 2020 Official Answers Released

September 9 2020 at 400 pm Deadline for Submitting Proposals

September 22 2020 Contractor Selection

September 29 2020 Start of Contract Negotiations

January 1 2021 Start of Contract

6 Instructions for Proposers

A Required Format for Proposals

All proposals must follow the required format below (or use Proposal Submission Form)

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

1) Contractor Information

a) Name of Proposer - Provide the ldquolegalrdquo name of the Proposer 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 Social Security or

FEIN will be required when the contract is drafted

b) Proposerrsquos Representatives The Proposer must 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) Contact Name and Title

(2) Business Location

(3) Mailing Address

(4) Telephone Number

(5) Fax Number

(6) E-mail Address (If Available)

(7) Normal business hours

Page 5 of 23

2) Outline of Work

a) Work Plan

Provide a detailed task-oriented breakdown for each activity in the Outline

of Work Proposers wishing to add activities to those specified in the

Outline of Work must show the additions as separately numbered tasks

b) Methodologies

Describe how each activity (task) will be accomplished providing a

detailed explanation of the procedures or processes that will be used to

attain the expected outcomes

c) Deliverables

List and describe the form and content of each deliverable (outcome)

Include a description of the proposed method of working with the agency

the resources or services requested of the agency (if any) and the proposed

method of receiving agency approval of deliverables

d) Schedule

Include a proposed work schedule by activity indicating when each

activity will be accomplished Identify any significant milestones or

deadlines Include due dates for all deliverables

e) Key Personnel

Identify the key personnel that will be assigned to this project Attach

resumes reflecting their qualifications including related work experience

[Note The Department must be notified in writing and in advance

regarding the departure of any key personnel from the project]

f) Proposed Cost

Include a cost proposal using the required format (below) Proposers must

submit all-inclusive fixed cost based on completion of entire project

Proposer must include both labor and materials in cost

The cost proposal must be prepared on one sheet of 8rdquox11rdquo white paper

The Proposerrsquos contact information must be printed at the top of the

proposal The original cost proposal and six duplicate copies must be placed

in an 8rdquox11rdquo envelope and sealed The Proposerrsquos contact information must

be printed on the envelope

Deliverable Fixed Cost

Task 1 $ xxxxxxx

Task 2 $ xxxxxxx

Task 3 $ xxxxxxx

Page 6 of 23

3) 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

B Minimum Submission Requirements

At a minimum one original (clearly identified as such) and three (3) conforming copies of

each proposal must (1) be signed by the Proposer (2) be submitted before the deadline (3)

follow the required format (4) be complete (5) include the SEEC Form 10 as required

and (6) satisfy the packaging and labeling requirements Proposals that fail to meet these

minimum submission requirements may be disqualified and not reviewed further

C References

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

for each reference name title company address and phone number

D Style Requirements

Proposals must conform to the following requirements (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

20 pages in length including any attachments (5) display the Proposerrsquos name and

Proposal on the header of each page (6) display page numbers at the bottom of each page

and (7) proposals and attachments be copied double sided DEEP requests that paper used

for printing and copying be composed of materials having at least 30 post consumer

content

E Packaging and Labeling Requirements

All proposals must be submitted in sealed envelopes or packages All proposals must be

addressed to the Official Agency Contact and have the RFP prominently displayed on

the envelope The name and address of the Proposer must appear in the upper left hand

corner of the envelope or package Proposals transmitted by facsimile will not be accepted

or reviewed

F Inquiry Procedures

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

July 27 2020 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 The agency will distribute official answers to the questions in the form of a

written amendment not later than August 10 2020 to all Proposers who submitted a letter

of intent 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

Page 7 of 23

G 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

7 Communications Notice

All communications related to this RFP shall be with DEEPrsquos Official Agency Contact All

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

are strictly prohibited except as permitted by this RFP Any violation of this prohibition by

Proposers or their representatives may result in disqualification or other sanctions or both

8 Affidavits Concerning Gifts and Campaign Contributions

Proposers are advised that if selected an affidavit concerning gifts and campaign contributions

will be required to accompany any State contract with a value of $50000 or more in a calendar

or fiscal year The completed form is submitted by the contractor to the awarding State agency

at the time of contract execution The form is also used with a multi-year contract to update the

initial certification on an annual basis For the most current information and to view the

affidavit go to httpwwwctgovopmfinethics_forms

9 Iran Certification

Proposers are advised that no state agency or quasi-public agency shall enter into any large state

contract or amend or renew any such contract with any entity who (1) has failed to submit a

written certification indicating whether or not such entity has made a direct investment of

twenty million dollars or more in the energy sector of Iran on or after October 1 2013 as

described in Section 202 of the Comprehensive Iran Sanctions Accountability and Divestment

Act of 2010 or has increased or renewed such investment on or after said date or (2) has

submitted a written certification indicating that such entity has made such an investment on or

after October 1 2013 or has increased or renewed such an investment on or after said date

Each such certification shall be sworn as true to the best knowledge and belief of the entity

signing the certification subject to the penalties of false statement For the most current

information and to obtain various electronic formats of OPMrsquos Iran Certification Form 7 go to

httpwwwctgovopmfinethics_forms

Iran Certification Form 7 must be submitted for any large state contract as defined in section

4-250 of the Connecticut General Statutes Entities whose principal place of business is located

outside of the United States are required to complete the entire form including the certification

portion of the form United States subsidiaries of foreign corporations are exempt from having

to complete the certification portion of the form Those entities whose principal place of

business is located inside of the United States must also fill out the form but do not have to

complete the certification portion of the form

10 Contract Compliance Requirements

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

Page 8 of 23

(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 Contract Compliance

Monitoring Report 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

Forms are available on the CHRO website The following table will assist in determining which

forms are required

Contract Amount Bidder Contract Compliance

Monitoring Report Required ndash

Affidavit for Certification of

Subcontractors as MBErsquos as applic

Affirmative Action

Plan Required

CHRO Requires

Pre Approval of

Affirmative Action

Plan

$0 - $4000 No No na

Non Public Works Contract

$400001 -

$24999999

Yes No na

$250000 or more Yes Yes No

Public Works Contract

$400001 - $50000 Yes No na

$5000001 - $500000 Yes Yes No

$50000001 or more Yes 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

At the time of contract execution a fully executed non-discrimination certification will also be

required

11 RFP Conditions

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

Page 9 of 23

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

by DEEP

D The Proposer agrees that the proposal will remain valid for a period of 180 days after

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

agreement

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

to be necessary appropriate or otherwise in the best interests of DEEP Failure to

acknowledge 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 DEEP or its designee with the

exception of personnel who have terminated employment Replacements for personnel

who have terminated employment are subject to approval by DEEP or its designee At

its discretion DEEP 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 DEEP

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 DEEP

at the Proposerrsquos sole cost and expense

J 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 DEEP

participated directly in the Proposerrsquos proposal preparation

K All responses to the RFP must conform to instruction Failure to include any required

signatures provide the required number of copies to 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

L The contract will represent the entire agreement between the Proposer and DEEP and

will supersede all prior negotiations representations or agreements alleged or made

between the parties DEEP 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 DEEP and by the AGrsquos Office The contract may

be amended only by means of a written instrument signed by DEEP the Proposer and

the AGrsquos Office

Page 10 of 23

M Contractor shall interact with the United States Coast Guard (USCG) as required to

maintain the designation of the facility as a Public Access Facility including but not

limited to any periodic revalidation process requested by the USCG

12 Rights Reserved to DEEP

The DEEP 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

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

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

its judgment the best interest of DEEP will be served

DEEP 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 DEEP shall not constitute a breach of contract on the part of DEEP since the contract with

the initial Proposer is deemed to be void from the beginning and of no effect as if no contract

ever existed between DEEP and the Proposer

13 Agencyrsquos Standard Contract and Conditions

The Proposer must accept DEEPrsquos standard contract language and conditions See Attachment

for Standard Contract Conditions

14 Park Descriptions

A Location

The Eagle Landing State Park property is located at 19 Bridge Road in Haddam

Connecticut and borders the western riverbank of the Connecticut River

B Access

Eagle Landing State Park can be accessed from the West following Route 9 to Exit 7(Rt

82 E) or from the East following Route 82 over the swing bridge

C Property Existing Conditions

The Eagle Landing property is approximately 16 acres and includes four (4) docks three

parking areas an access road a small outbuilding with a power supply and two butler-

style buildings in the northeastern corner of the property Approximately 20 acres on the

eastern portion of the site is flat and lies within the floodplain of the river It was

previously used as a parking area by the previous owner The parking lots are divided

into several distinct lots and are delineated by guardrails The lots can be gated off when

not in use During the spring thaw the property has had a history of being flooded in

areas for multiple days

The park has 1100 feet+ of frontage along the Connecticut River The Connecticut River

is navigable from Long Island Sound northward to Hartford Much of the Connecticut

River view shed is lined with trees and low-lying vegetation giving the river a

ldquowildernessrdquo feel The Connecticut River is the most popular recreational waterway in

Connecticut supporting thousands of cruising vessels and recreational boats and numerous

marinas It is also a very active commercial waterway with hundreds of barges traveling

Page 11 of 23

on the river supplying the fuel docks and tank farms with oil for the cities and towns in

the CT River Valley

The western portion of the property slopes upward to meet a rail line owned by the State

of Connecticut Department of Energy amp Environmental Protection and maintained and

operated by the Valley Railroad Company The Valley Railroad Company operates the

Essex Steam Train

The concession area is delineated by a yellow dashed line as shown on the attached

concession area map Beginning at the northern portion of the concession area the

following structuresinfrastructure are included in the concession contract One butler-

style building (westernmost butlerndashstyle building) Parking Lot 1 Docks1 and 2 use

of the access road use of small former ticket booth building with available power in the

successful proposerrsquos name and Dock 3

The area located to the south of the concession area is approximately 7+ acres but only 4

acres are developed The undeveloped parcel is proposed to become a public boat ramp

facility and is currently being analyzed for resource and engineering issues Included in

this parcel is Dock 4 and Parking Lots 2 and 3 While this property located to the

south of the concession area will not be part of the bid or agreement for Boat

DockingEducational purposes it will be offered to the successful proposer for use as a

docking facility under a short-term Special Use License This license will expire as soon

as construction on the boat ramp commences

It should be noted that the access road to the Eagle Landing property must be kept open

for access by the private residential properties to the south of Eagle Landing

D Existing Condition of Dock

A few minor repairs would help improve the condition of Docks 1 2 and 3 but all are

functioning and usable in their present condition Dock 4 which is not included in the

concession contract has sustained significant damage is not currently usable and is

considered a safety hazard The Concessionaire or Special Use License Holder would be

responsible to certify that the docks can safely secure the size vessel(s) to be used

throughout the duration of this concession The depth of the water on the river side of

the dock varies from 16 feet to 19 feet There is submerged aquatic vegetation between

the docks and the riverbank that may contain species of concern

Before the commencement of any dock maintenance activity to the 4 docks described

above DEEPrsquos Natural Diversity Data Base (NDDB shall be consulted and DEEPrsquos

Land amp Water Resources Division (LWRD) shall be contacted to determine if a permit is

required for such work

E Adjacent Uses

Northward The northern boundary of Eagle Landing State Park is a private home and

CT State Route 82 There is a fence between the State park and the private property The

Page 12 of 23

East Haddam Swing Bridge spans the Connecticut River just north of Dock 1 (See

Attachment D) Andrews Marina is situated on the north side of Route 82

Southward The southern boundary of Eagle Landing State Park is bounded by a

development of private cottages There is an unpaved road which provides residents of

these cottages access to their homes Vehicles utilizing the Boat Concession or the Boat

Ramp may not park along the shoulders of the road or block it in any way

F ZoningSurrounding Land Use

The Town of Haddam zoned this property as ldquoCommercialrdquo and also ldquoState Park amp

Forestrdquo Commercial Boating activities are permitted in the Commercial Zone Eagle

Landing State Park is bounded on both the north and south by a ldquoLow density

RuralResidential Zonerdquo The town recommends a vegetative buffer between Commercial

uses and Residential areas Overlying the entire parcel is the Federal Emergency

Management Administration (FEMA) 100-year Flood Plain zone FEMA requirements

must be applied to any new development so as not to exacerbate flooding events

G Connecticut River Gateway Commission

Eagle Landing lies within the CT River Gateway Conservation Zone

In 1973 the Connecticut General Assembly passed legislation allowing the establishment

of the Connecticut River Gateway Commission a state-local compact for the protection

of the Lower Connecticut River Valley Then and now this valley is widely recognized

as one of the most important natural recreational and scenic areas of the State of

Connecticut One year later in July 1974 the Commission became operational with the

Connecticut Department of Environmental Protection two regional planning agencies and

all eight eligible towns participating

The Gateway Conservation Zone which is the geographic focus of the Commissions

activities is approximately thirty miles in length and includes those portions of the eight

member towns (Chester Deep River East Haddam Essex Haddam Lyme Old Lyme

Old Saybrook) lying within view of the river In recent years it has become an area of

interest for a number of other environmental organizations as well The Nature

Conservancy has designated the Connecticut River Tidelands as one of its Last Great

Places the Connecticut Department of Energy amp Environmental Protection has obtained

the recognition of the rivers tidelands as internationally significant wetlands under the

terms of the International Ramsar Convention the Secretary of the US Department of

Interior has publicly recognized the lower Connecticut River valley as one of the most

important ecological landscapes in the United States and in 1999 the River was

designated as one of 14 American Heritage Rivers by the President of the United States

The mission of this Commission given to it by the Connecticut General Assembly nearly

two decades ago is to preserve the unique scenic ecological scientific and historic

values of the lower Connecticut River valley for the enjoyment of present and future

generations of Connecticut citizens

Page 13 of 23

Development beyond what has previously been permitted must be reviewed by the

Gateway Commission to ensure that it meets the mission and goals of the Gateway

Commission

H Limitations on the Site

A Hours of Operation Hours of Operation of the Concession shall be limited to Sunrise

until 200AM (0200 Hrs)

B Overnight Parking All vehicles must vacate the property by 200 AM (0200Hrs)

C Alcohol Service will be limited to the vessel No alcohol service shall be allowed on

the docks or in other locations on the property

D Amplified sound (bands DJ etc) with the exception of safety instructions shall

not commence until vessels have departed from the dock and must cease prior to final

docking

E Concession shall not sublet any part of the property unless approved by the

Department of Energy amp Environmental Protection

F No new structures shall be erected and no maintenance shall be done to the existing

docks unless approved in writing by the Commissioner or Designee of the

Department of Energy amp Environmental Protection and all applicable permits have

been obtained

Page 14 of 23

Maps of Site

Page 15 of 23

Page 16 of 23

LETTER OF INTENT TO SUBMIT A PROPOSAL

State of Connecticut

Department of Energy amp Environmental Protection

RFP for Eagle Landing State Park

Return to Tenia Seay

Department of Energy amp Environmental Protection

Bureau of Outdoor Recreation

79 Elm Street

Hartford CT 06106-5127

860-424-3064 (Phone)

860-424-4070 (FAX)

Return Deadline 400 pm July 20 2020

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 17 of 23

STATE OF CONNECTICUT

DEPARTMENT OF ENERGY AND ENVIRONMENTAL PROTECTION

BUREAU OF OUTDOOR RECREATION AND

CONNECTICUT STATE PARK AND FOREST RECREATION AREA

MOBILE FOOD AND BEVERAGE CONCESSION

THIS CONTRACT is made by and between the STATE OF CONNECTICUT acting herein by

the Commissioner of the Department of Energy and Environmental Protection hereinafter referred

to as Commissionerrdquo or DEEP or ldquoStaterdquo and [Insert Concessionaire] of the Town of

Waterbury and the state of Connecticut hereinafter referred to as the Concessionaire or

ldquoContractorrdquo

WITNESSETH

WHEREAS the Commissioner of Energy and Environmental Protection 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 a Mobile Food and Beverage Concession

Service and render services to the public at

[Insert Name of Location]

NOW THEREFORE it is hereby agreed as follows

1 Mobile Food and Beverage Concession Service The Concessionaire agrees to operate a

Mobile Food and Beverage Concession Service at the above noted facility The Concessionaire

is responsible for all work included in this Contract Details regarding the Scope of Work are

included in Attachment A which is attached hereto and is hereby made a part of this contract

2 Duration The Commissioner hereby grants to the Concessionaire the exclusive right to

operate the above Mobile Food and Beverage Concession Service at the location identified for

the period commencing upon contract execution through [insert expiration date] At the

Commissionerrsquos sole discretion this contract may be renewed for up to [Insert number] years

without further competition

3 Payment In consideration of said rights and privileges the Concessionaire agrees to pay a

total of [insert amount] to the State of Connecticut due by [insert date] Payments shall be

made by check draft or money order payable to Treasurer State of Connecticut and

delivered or mailed to the Department of Energy and Environmental Protection Accounts

Receivable 79 Elm Street Hartford Connecticut 06106-5127

4 Nondisclosure Contactor shall not release any information concerning the services provided

pursuant to the Contract 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

Page 18 of 23

STANDARD TERMS AND CONDITIONS (Rev 8302019)

1 Definitions

(a) State The State of Connecticut including the Department of Energy and Environmental Protection and

any office department board council commission institution or other agency of the State

(b) Commissioner The Commissioner of Energy and Environmental Protection or the Commissionerrsquos

designated agent

(c) Parties The Department of Energy and Environmental Protection (DEEP or Agency) and the Contractor

(d) Contractor Parties Contractor Parties shall be defined as a Contractorrsquos members directors officers

shareholders partners managers principal officers representatives agents servants consultants employees

or any one of them or any other person or entity with whom the Contractor is in privity of oral or written

contract and the Contractor intends for such other person or entity to Perform under the Contract in any

capacity To the extent that any Contractor Party is to participate or Perform in any way directly or indirectly

in connection with the Contract any reference in the Contract to the ldquoContractorrdquo shall also be deemed to

include ldquoContractor Partiesrdquo as if such reference had originally specifically included ldquoContractor Partiesrdquo

since it is the Partiesrsquo intent for the terms ldquoContractor Partiesrdquo to be vested with the same respective rights

and obligations as the terms ldquoContractorrdquo

(e) Contract This agreement as of its Effective Date between the Contractor and the State for any or all

goods or services as more particularly described in Appendix A

(f) Execution This contract shall be fully executed when it has been signed by authorized representatives

of the parties and if it is for an amount of Twenty-five thousand dollars ($2500000) or more by the

authorized representative of the state Attorney Generals office

(g) Exhibits All attachments appendices or exhibits referred to in and attached to this Contract are

incorporated in this Contract by such reference and shall be deemed to be a part of it as if they had been fully

set forth in it

(h) Records For the purposes of this Contract records are defined as all working papers and such other

information and materials as may have been accumulated by the Contractor in performing the Contract

including but not limited to documents data plans books computations drawings specifications notes

reports records estimates summaries and correspondence kept or stored in any form

(i) Confidential Information Confidential Information shall mean any name number or other information

that may be used alone or in conjunction with any other information to identify a specific individual

including but not limited to such individuals name date of birth mothers maiden name motor vehicle

operators license number Social Security number employee identification number employer or taxpayer

identification number alien registration number government passport number health insurance

identification number demand deposit account number savings account number credit card number debit

card number or unique biometric data such as fingerprint voice print retina or iris image or other unique

physical representation Without limiting the foregoing Confidential Information shall also include any

information that the Department classifies as ldquoconfidentialrdquo or ldquorestrictedrdquo Confidential Information shall

not include information that may be lawfully obtained from publicly available sources or from federal state

or local government records which are lawfully made available to the general public

(j) Confidential Information Breach Confidential Information Breach shall mean generally an instance

where an unauthorized person or entity accesses Confidential Information in any manner including but not

limited to the following occurrences (1) any Confidential Information that is not encrypted or protected is

misplaced lost stolen or in any way compromised (2) one or more third parties have had access to or taken

control or possession of any Confidential Information that is not encrypted or protected without prior written

authorization from the State (3) the unauthorized acquisition of encrypted or protected Confidential

Information together with the confidential process or key that is capable of compromising the integrity of the

Confidential Information or (4) if there is a substantial risk of identity theft or fraud to the client the

Contractor the Department or State

Page 19 of 23

(k) Claim Claim shall mean all actions suits claims demands investigations and proceedings of any kind

open pending or threatened whether mature unmatured contingent known or unknown at law or in equity

in any forum

2 Forum and Choice of Law The parties deem the Contract 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 laws 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

3 Termination

(a) Notwithstanding any provisions in this Contract the Agency 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 The Agency shall notify the Contractor in writing of Termination pursuant

to this section which notice shall specify the effective date of Termination and the extent to which the

Contractor must complete its Performance under the Contract prior to such date

(b) Notwithstanding any provisions in this Contract the Agency through a duly authorized employee may

after making a written determination that the Contractor has breached the Contract Terminate the

Contract in accordance with the provisions in the Breach section of this Contract

(c) The Agency shall send the notice of Termination via certified mail return receipt requested to the

Contractor at the most current address which the Contractor has furnished to the Agency for purposes of

correspondence or by hand delivery Upon receiving the notice from the Agency the Contractor shall

immediately discontinue all services affected in accordance with the notice undertake all commercially

reasonable efforts to mitigate any losses or damages and deliver to the Agency all Records The Records

are deemed to be the property of the Agency and the Contractor shall deliver them to the Agency no later

than thirty (30) days after the Termination of the Contract or fifteen (15) days after the Contractor

receives a written request from the Agency for the Records The Contractor shall deliver those Records

that exist in electronic magnetic or other intangible form in a non-proprietary format such as but not

limited to ASCII or TXT

(d) Upon receipt of a written notice of Termination from the Agency the Contractor shall cease operations

as the Agency directs in the notice and take all actions that are necessary or appropriate or that the

Agency may reasonably direct for the protection and preservation of the Goods and any other property

Except for any work which the Agency directs the Contractor to Perform in the notice prior to the

effective date of Termination and except as otherwise provided in the notice the Contractor shall

terminate or conclude all existing subcontracts and purchase orders and shall not enter into any further

subcontracts purchase orders or commitments

(e) The Agency shall within forty-five (45) days of the effective date of Termination reimburse the

Contractor for its Performance rendered and accepted by the Agency in addition to all actual and

reasonable costs incurred after Termination in completing those portions of the Performance which the

notice required the Contractor to complete However the Contractor is not entitled to receive and the

Agency is not obligated to tender to the Contractor any payments for anticipated or lost profits Upon

request by the Agency the Contractor shall assign to the Agency or any replacement contractor which

the Agency designates all subcontracts purchase orders and other commitments deliver to the Agency

all Records and other information pertaining to its Performance and remove from State premises

whether leased or owned all of Contractorrsquos property equipment waste material and rubbish related to

its Performance all as the Agency may request

(f) For breach or violation of any of the provisions in the section concerning Representations and

Warranties the Agency may Terminate the Contract in accordance with its terms and revoke any

consents to assignments given as if the assignments had never been requested or consented to without

liability to the Contractor or Contractor Parties or any third party

(g) Upon Termination of the Contract all rights and obligations shall be null and void so that no party shall

Page 20 of 23

have any further rights or obligations to any other party except with respect to the sections which survive

Termination All representations warranties agreements and rights of the parties under the Contract

shall survive such Termination to the extent not otherwise limited in the Contract and without each one

of them having to be specifically mentioned in the Contract

(h) Termination of the Contract pursuant to this section shall not be deemed to be a breach of contract by

the Agency

4 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

(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 Contractorrsquos bid proposal 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

(b) The Contractor shall not be responsible for indemnifying or holding the State harmless from any liability

arising due to the negligence of the State or any other person or entity acting under the direct control or

supervision of the State

(c) 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

(d) 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

(e) 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 cause the State to be named as an additional insured

on the policy and shall provide (1) a certificate of insurance (2) the declaration page and (3) the

additional insured endorsement to the policy to the State and the Client Agency all in an electronic format

acceptable to the State prior to the Effective Date of the Contract evidencing that the State is an additional

insured The Contractor shall not begin Performance until the delivery of these three documents to the

Client Agency Contractor shall provide an annual electronic update of the three documents to the Client

Agency and the State on or before each anniversary of the Effective Date during the Contract term State

shall be entitled to recover under the insurance policy even if a body of competent jurisdiction determines

that State is contributorily negligent

(f) This section shall survive the Termination of the Contract and shall not be limited by reason of any

insurance coverage

5 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 and employees

which they 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

6 Protection of Confidential Information Contractor and Contractor Parties at their own expense have a duty to

and shall protect from a Confidential Information Breach any and all Confidential Information which they come

to possess or control wherever and however stored or maintained in a commercially reasonable manner in

accordance with current industry standards

(b) Each Contractor or Contractor Party shall develop implement and maintain a comprehensive data -

security program for the protection of Confidential Information The safeguards contained in such

Page 21 of 23

program shall be consistent with and comply with the safeguards for protection of Confidential

Information and information of a similar character as set forth in all applicable federal and state law

and written policy of the Agency or State concerning the confidentiality of Confidential Information

Such data-security program shall include but not be limited to the following

(1) A security policy for employees related to the storage access and transportation of data containing

Confidential Information

(2) Reasonable restrictions on access to records containing Confidential Information including access

to any locked storage where such records are kept

(3) A process for reviewing policies and security measures at least annually

(4) Creating secure access controls to Confidential Information including but not limited to passwords

and

(5) Encrypting of Confidential Information that is stored on laptops portable devices or being

transmitted electronically

(c) The Contractor and Contractor Parties shall notify the Agency and the Connecticut Office of the Attorney

General as soon as practical but no later than twenty-four (24) hours after they become aware of or

suspect that any Confidential Information which Contractor or Contractor Parties have come to possess

or control has been subject to a Confidential Information Breach If a Confidential Information Breach

has occurred the Contractor shall within three (3) business days after the notification present a credit

monitoring and protection plan to the Commissioner of Administrative Services the Agency and the

Connecticut Office of the Attorney General for review and approval Such credit monitoring or

protection plan shall be made available by the Contractor at its own cost and expense to all individuals

affected by the Confidential Information Breach Such credit monitoring or protection plan shall include

but is not limited to reimbursement for the cost of placing and lifting one (1) security freeze per credit

file pursuant to Connecticut General Statutes sect 36a-701a Such credit monitoring or protection plans

shall be approved by the State in accordance with this Section and shall cover a length of time

commensurate with the circumstances of the Confidential Information Breach The Contractorsrsquo costs

and expenses for the credit monitoring and protection plan shall not be recoverable from the Agency

any State of Connecticut entity or any affected individuals

(d) The Contractor shall incorporate the requirements of this Section in all subcontracts requiring each

Contractor Party to safeguard Confidential Information in the same manner as provided for in this

Section

(e) Nothing in this Section shall supersede in any manner Contractorrsquos or Contractor Partyrsquos obligations

pursuant to HIPAA or the provisions of this Contract concerning the obligations of the Contractor as a

Business Associate of Covered Entity

7 Executive Orders This 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 The Contract may also be subject to Executive Order No 14 of Governor

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

Executive Order No 49 of Governor Dannel P Malloy promulgated May 22 2015 mandating disclosure of

certain gifts to public employees and contributions to certain candidates for office If Executive Order 14 andor

Executive Order 49 are applicable they are deemed to be 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 or DAS shall provide a

copy of these orders to the Contractor

8 State Liability The State of Connecticut shall assume no liability for payment for services under the terms of

this agreement until the contractor is notified that this agreement has been accepted by the contracting agency

and if applicable approved by the Office of Policy and Management (OPM) or the Department of

Administrative Services (DAS) and by the Attorney General of the State of Connecticut

9 Distribution of Materials The Contractor shall obtain written approval from the Commissioner prior to the

distribution or publication of any materials prepared under the terms of this Contract Such approval shall not

be unreasonably withheld

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

approved in writing by the Commissioner at the Commissionerrsquos sole discretion In the event of any

Page 22 of 23

unapproved change in principal project staff the Commissioner may in the Commissionerrsquos sole discretion

terminate this Contract

11 Further Assurances The Parties shall provide such information execute and deliver any instruments and

documents and take such other actions as may be necessary or reasonably requested by the other Party which

are not inconsistent with the provisions of this Contract and which do not involve the vesting of rights or

assumption of obligations other than those provided for in the Contract in order to give full effect to the

Contract and to carry out the intent of the Contract

12 Third Party Participation The Contractor may make sub-awards using either its own competitive selection

process or the values established in the statersquos competitive selection process as outlined in DAS General Letter

71 whichever is more restrictive to conduct any of the tasks in the Scope of Work contained in Appendix A

The Contractor shall advise the Commissioner of the proposed sub-awardee and the amount allocated at least

two (2) weeks prior to the making of such awards The Commissioner reserves the right to disapprove such

awards if they appear to be inconsistent with the program activities to be conducted under this grant As

required by Sec 46a-68j-23 of the Connecticut Regulations of State Agencies the Contractor must make a good

faith effort based upon the availability of minority business enterprises in the labor market area to award a

reasonable proportion of all subcontracts to such enterprises When minority business enterprises are selected

the Contractor shall provide DEEP with a copy of the Affidavit for Certification of Subcontractors as Minority

Business Enterprises (MBE) along with a copy of the purchase order or contract engaging the Subcontractor

The Contractor shall be the sole point of contact concerning the management of the Contract including

performance and payment issues The Contractor is solely and completely responsible for adherence by any

subcontractor to all the applicable provisions of the Contract

13 Americans with Disabilities Act The Contractor shall be and remain in compliance with the Americans with

Disabilities Act of 1990 (ldquoActrdquo) to the extent applicable during the term of the Contract The DEEP may

cancel the Contract if the Contractor fails to comply with the Act

14 Affirmative Action and Sexual Harassment Policies The Contractor agrees to comply with the Departments

Affirmative Action and Sexual Harassment Policies available on DEEPrsquos web site Hard copies of the policy

statements are available upon request at DEEP

15 Breach If either Party breaches the Contract in any respect the non-breaching Party shall provide written

notice of the breach to the breaching Party and afford the breaching Party an opportunity to cure within ten (10)

days from the date that the breaching Party receives the notice In the case of a Contractor breach any other

time period which the Agency sets forth in the notice shall trump the ten (10) days The right to cure period

shall be extended if the non-breaching Party is satisfied that the breaching Party is making a good faith effort

to cure but the nature of the breach is such that it cannot be cured within the right to cure period The notice

may include an effective Contract Termination date if the breach is not cured by the stated date and unless

otherwise modified by the non-breaching Party in writing prior to the Termination date no further action shall

be required of any Party to effect the Termination as of the stated date If the notice does not set forth an

effective Contract Termination date then the non-breaching Party may Terminate the Contract by giving the

breaching Party no less than twenty four (24) hours prior written notice If the Agency believes that the

Contractor has not performed according to the Contract the Agency may withhold payment in whole or in part

pending resolution of the Performance issue provided that the Agency notifies the Contractor in writing prior

to the date that the payment would have been due

16 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

17 The Town Guarantee The Town shall furnish adequate protection from damage for all work and to repair any

damage of any kind for which he or his workmen are responsible to premises or any equipment to his own

work or to the work of the Agency pay for all permits licenses and fees and to give all notices and comply

with all laws ordinances rules and regulations of the city state and federal government

18 Force Majeure The Parties shall not be excused from their obligation to perform in accordance with the

Contract except in the case of Force Majeure events and as otherwise provided for in the Contract A Force

Majeure event materially affects the cost of the Goods or Services or the time schedule for performance and is

outside the control nor caused by the Parties In the case of any such exception the nonperforming Party shall

give immediate written notice to the other explaining the cause and probable duration of any such

Page 23 of 23

nonperformance

19 Entirety of Contract The Contract is the entire agreement between the Parties with respect to its subject matter

and supersedes all prior agreements proposals offers counteroffers and understandings of the Parties whether

written or oral The Contract has been entered into after full investigation neither Party relying upon any

statement or representation by the other unless such statement or representation is specifically embodied in the

Contract

20 Interpretation The Contract contains numerous references to statutes and regulations For purposes of

interpretation conflict resolution and otherwise the content of those statutes and regulations shall govern over

the content of the reference in the Contract to those statutes and regulations

A-1

Attachment A

Scope of Work

Mobile Food and Beverage Concession Services

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

covering each annual period of this contract shall reflect the following limits and shall be submitted

by the Concessionaire to the Department of Energy and Environmental Protection by April 1 of each

year this contract is in effect

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

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

damages arising from the destruction of or damage to property in any one accident or occurrence

In cases where any insurance policy shows an aggregate limit the aggregate shall apply solely to

the concession operation or the aggregate limit shall be not less than $2000000

b 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 from bodily injuries to or death of all persons in any one

accident or occurrence and for all damages arising from the destruction of or damage to property

in any one accident or occurrence In cases where any insurance policy shows an aggregate limit

the aggregate shall apply solely to the concession operation or the aggregate limit shall be not less

than $2000000

c The Concessionaire shall carry Workerrsquos Compensation insurance in accordance with the

requirements of the laws of the State of Connecticut

d Said coveragersquos are to be provided by insurance companies licensed by the State of Connecticut

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

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

2 Commodities and Price List

a The Concessionaire shall be allowed to sell food and beverages as approved in advance by the

Commissioner

b The Concessionaire shall be allowed to sell souvenirs and other outdoor recreation related

merchandise hereinafter referred to collectively as merchandise as approved in advance by the

Commissioner

c By April 1 of each year that this contract is in effect the Concessionaire shall submit for approval

a price list of all foods beverages and merchandise for sale hereinafter referred to collectively as

commodities to the Department of Energy and Environmental Protection Bureau of Outdoor

Recreation Division of State Parks and Public Outreach 79 Elm Street Hartford CT 06106-5127

d Any price increases or additions of commodities are subject to the prior written approval of the

Commissioner

e The Concessionaire shall post a price list of all commodities for sale in full public view while in

operation

f Whenever the park name is used on merchandise the complete park name shall be used

g The Concessionaire warrants that all commodities offered for sale shall not exceed in price nor be

substandard in quality or quantity to like commodities sold in the surrounding community

A-2

3 Sunscreen All concession operations in a park having a designated swimming area shall have

sunscreen with a Sun Protection Factor (SPF) of at least 15 for adults and 45 for children available for

sale to the general public

4 Use of Biodegradable Products To the extent practicable the Concessionaire agrees to use

recyclable and biodegradable products and packaging in all of its operations ie paper products or

products containing recycled contents The Concessionaire agrees to not dispense food or beverages

in close-celled foam-based containers

5 Prohibitions The Concessionaire shall not

a dispense food or beverages in glass containers

b dispense alcoholic beverages

c sell snorkels beach balls rafts or other inflatable or buoyant devices except US Coast Guard

approved personal flotation devices (PFDs)

d permit gratuities to employees of the State of Connecticut

e provide video or pinball games

6 Hours of Operation

a The Concessionaire may operate the Concession daily between 800 am and sunset on any day

that this contract is in effect

b From the Saturday before Memorial Day through July 4th the Concessionaire shall open the

concession on Saturdays Sundays and holidays not later than 1100 am except during inclement

weather and the concession shall remain open at least until three hours before but not later than

sunset

c From July 4th through Labor Day the Concessionaire shall open the concession daily not later than

1100 am except during inclement weather and the concession shall remain open at least until

three hours before but not later than sunset

d Deviations from the above stated schedules are allowable but must receive advanced approval in

writing from the Park and Recreation Supervisor

e When closing due to inclement weather the Concessionaire shall immediately notify the Park and

Recreation Supervisor The Concessionaire shall keep in the concession vehicle at all times a log

of all closures due to inclement weather and it shall be immediately available to the Park and

Recreation Supervisor upon request for inspection

f Within 30 days of closing the concession for the season but in no case later than December 31 of

each calendar year that this contract is in effect the Concessionaire shall submit an Annual

Inclement Weather Closure Report to the Park and Recreation Supervisor

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

the appropriate local health department prior to April 15th of each year this contract is in effect The

Concessionaire is responsible for and shall directly pay for any fees charged for such inspections

8 Health Department Permit The Concessionaire will annually obtain a ldquopermit to sellrdquo from the local

health department and submit a copy of said permit to the DEEP Division of State Parks amp Public

Outreach not later than April 30th of each year this contract is in effect Other Permits The

Concessionaire shall be solely responsible for securing any other licenses permits approvals or

waivers required by any other federal state regional or municipal authority having jurisdiction in the

town(s) in which the Concession is located

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

to state property without the prior written approval of DEEP Any improvements or permanent fixtures

approved by the DEEP and provided by the Concessionaire during the term of this contract shall

immediately become the property of the State of Connecticut

A-3

10 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

11 Refuse Disposal The Concessionaire at its sole expense shall be responsible for the proper disposal

and removal of all recyclables and trash generated by operation of the concession For additional

information see the DEEP website for Managing Waste and Recycling at Special Events and Other

Venues the direct URL address for which is

httpwwwctgovdepcwpviewaspa=2714ampq=434054ampdepNav_GID=1645

12 General Maintenance The Concessionaire shall be responsible for maintaining the Concession area

in a clean sanitary and orderly manner

13 Exclusivity With the exception of vending machines and commodities having prior written approval

for DEEP sanctioned events including but not limited to events authorized by a Special Use License

the Concessionaire shall have the exclusive right to sell commodities within the property named

herein

14 Vending Machines The State of Connecticut Board of Education and Services for the Blind (BESB)

shall have exclusive rights to vending machines on the premises of the concessions and other

authorized areas within the park or forest for the purpose of vending foods and beverages and to collect

receipts there from provided that the number and locations of such vending machines shall receive

prior written approval from a representative of the DEEP

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

contract shall prevent visitors from bringing food to the park and preparing such food for personal

consumption including dispensing such food at no charge to other park visitors Park visitors may

also utilize private catering services with advanced written approval of the Park and Recreation

Supervisor Said catering services may only be permitted with the condition that no financial

transactions occur on DEEP property

16 Concession Staffing The concession shall be staffed only by the Concessionaire or its employee(s)

or other agents identified herein unless otherwise authorized by the Commissioner in writing

17 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

18 Appearance The Concessionaire and its 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

19 Audible Devices The Concessionaire shall activate audible devices (loudspeakers music bells etc)

only in accordance with instructions provided by the Park and Recreation Supervisor Instructions are

subject to change immediately at the discretion of the Park and Recreation Supervisor

20 Concession Location Unless authorized by the Park and Recreation Supervisor to do otherwise the

Concessionaire agrees to

a identify all park-and-sit locations or drive-through routes on a park map

b confine all concession operations to the designated Concession areas

c confine all sales and advertising to the concession vehicle

d provide garbage and recycling receptacles for customer use

21 Food Inspection An authorized representative of the Commissioner may conduct an unannounced

in-season food inspection once per calendar year Upon request the Concessionaire shall provide a

A-4

range of food and beverage items proportionate to one meal to the Commissionerrsquos

representative for food-tasting purposes

22 Financial Reporting Within 30 days of closing the Concession for the season but in no case

later than December 31 of each calendar year that this contract is in effect the Concessionaire

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

Commissioner of the Superior Court to Department of Energy and Environmental Protection

Bureau of Outdoor Recreation Division of State Parks and Public Outreach 79 Elm Street

Hartford CT 06106-5127

23 Revenue DEEP shall have no responsibility for revenue loss directly or indirectly attributable

to DEEP management actions including but not limited to changes in park or campground

schedules or operations or in services provided to the visiting public DEEP shall have no

responsibility for revenue loss directly or indirectly attributable to uncontrollable phenomena

including but not limited to attendance loss weather conditions or other Acts of God

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

Energy and Environmental Protection regarding State Park and Forest Recreation Areas and

with any other department policy concerning the operation of concessions

The parties have hereunto set their hands

SIGNED AND DELIVERED below

STATE OF CONNECTICUT

Department of Energy and Environmental

Protection

CONCESSIONAIRE

BY BY

Date Date

Contract ______________

Acct Fund SID DeptId Prog Project Bud

Ref Amount

Funds available Date

Attorney General (Approved as to Form) Date

Page 2: REQUEST FOR PROPOSALS (RFP) Management, Operation and

Page 2 of 23

Table of Contents

1 Outline of Work 3

2 Required Qualifications 3

3 Review Criteria 3

4 Letter of Intent 3

5 RFP Timeline 4

6 Instructions for Proposers 4

A Required Format for Proposals 4

B Minimum Submission Requirements 6

C References 6

D Style Requirements 6

E Packaging and Labeling Requirements 6

F Inquiry Procedures 6

G Confidential Information 7

7 Communications Notice 7

8 Affidavits Concerning Gifts and Campaign Contributions 7

9 Iran Certification 7

10 Contract Compliance Requirements 7

11 RFP Conditions 8

12 Rights Reserved to DEEP 10

13 Agencyrsquos Standard Contract and Conditions 10

14 Park Descriptions 10

Page 3 of 23

1 Outline of Work

Proposals should clearly describe plans for the operation maintenance and development of the

property and piers for the duration of the proposed management agreement and address all items

delineated in Section 6 of this request for proposals

The Concessionaire will be responsible for all aspects of the boat charter 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 concession area and any 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 boat charter operation including but not limited to environmental permits for

site improvements

2 Required Qualifications

Primary consideration will be given to those proposals emphasizing

bull Water-dependent uses as defined in Section 22a-93(15) of the Connecticut General

Statutes

bull Public environmental programs and the extent to which programs are offered to a diverse

citizenry

bull Investment of funds services including plans for infrastructure site maintenance and

security

bull A strong commitment to public involvement and

bull The long-term protection and enhancement of open space and Connecticut River

resources

3 Review Criteria

bull Ability to meet the terms described in ldquoAttachment Ardquo of the Sample Contract (enclosed)

bull The Concessionairersquos ability to do the specified work

bull The Concessionairersquos understanding of the project and its purpose and scope as

evidenced by the proposed approach and the level of effort

bull Availability and competence of personnel

bull Conformity with specifications contained herein

bull Demonstration of commitment to Affirmative Action by full compliance with the

regulations of the Commission on Human Rights and Opportunities (CHRO)

4 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 400pm

on July 20 2020 As an original signature is required a letter of intent sent by e-mail will not

be accepted 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 11) the agencyrsquos standard contract and conditions (sample contract

enclosed) and the Statersquos contract compliance requirements (Request for Proposals Section 13

Page 4 of 23

and Sample Contract Section 4) in their entirety and without amendment The statement must

be signed by the Proposer

5 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

June 30 2020 RFP Released

July 20 2020 Letter of Intent Due

July 27 2020 Deadline for Questions

August 10 2020 Official Answers Released

September 9 2020 at 400 pm Deadline for Submitting Proposals

September 22 2020 Contractor Selection

September 29 2020 Start of Contract Negotiations

January 1 2021 Start of Contract

6 Instructions for Proposers

A Required Format for Proposals

All proposals must follow the required format below (or use Proposal Submission Form)

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

1) Contractor Information

a) Name of Proposer - Provide the ldquolegalrdquo name of the Proposer 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 Social Security or

FEIN will be required when the contract is drafted

b) Proposerrsquos Representatives The Proposer must 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) Contact Name and Title

(2) Business Location

(3) Mailing Address

(4) Telephone Number

(5) Fax Number

(6) E-mail Address (If Available)

(7) Normal business hours

Page 5 of 23

2) Outline of Work

a) Work Plan

Provide a detailed task-oriented breakdown for each activity in the Outline

of Work Proposers wishing to add activities to those specified in the

Outline of Work must show the additions as separately numbered tasks

b) Methodologies

Describe how each activity (task) will be accomplished providing a

detailed explanation of the procedures or processes that will be used to

attain the expected outcomes

c) Deliverables

List and describe the form and content of each deliverable (outcome)

Include a description of the proposed method of working with the agency

the resources or services requested of the agency (if any) and the proposed

method of receiving agency approval of deliverables

d) Schedule

Include a proposed work schedule by activity indicating when each

activity will be accomplished Identify any significant milestones or

deadlines Include due dates for all deliverables

e) Key Personnel

Identify the key personnel that will be assigned to this project Attach

resumes reflecting their qualifications including related work experience

[Note The Department must be notified in writing and in advance

regarding the departure of any key personnel from the project]

f) Proposed Cost

Include a cost proposal using the required format (below) Proposers must

submit all-inclusive fixed cost based on completion of entire project

Proposer must include both labor and materials in cost

The cost proposal must be prepared on one sheet of 8rdquox11rdquo white paper

The Proposerrsquos contact information must be printed at the top of the

proposal The original cost proposal and six duplicate copies must be placed

in an 8rdquox11rdquo envelope and sealed The Proposerrsquos contact information must

be printed on the envelope

Deliverable Fixed Cost

Task 1 $ xxxxxxx

Task 2 $ xxxxxxx

Task 3 $ xxxxxxx

Page 6 of 23

3) 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

B Minimum Submission Requirements

At a minimum one original (clearly identified as such) and three (3) conforming copies of

each proposal must (1) be signed by the Proposer (2) be submitted before the deadline (3)

follow the required format (4) be complete (5) include the SEEC Form 10 as required

and (6) satisfy the packaging and labeling requirements Proposals that fail to meet these

minimum submission requirements may be disqualified and not reviewed further

C References

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

for each reference name title company address and phone number

D Style Requirements

Proposals must conform to the following requirements (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

20 pages in length including any attachments (5) display the Proposerrsquos name and

Proposal on the header of each page (6) display page numbers at the bottom of each page

and (7) proposals and attachments be copied double sided DEEP requests that paper used

for printing and copying be composed of materials having at least 30 post consumer

content

E Packaging and Labeling Requirements

All proposals must be submitted in sealed envelopes or packages All proposals must be

addressed to the Official Agency Contact and have the RFP prominently displayed on

the envelope The name and address of the Proposer must appear in the upper left hand

corner of the envelope or package Proposals transmitted by facsimile will not be accepted

or reviewed

F Inquiry Procedures

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

July 27 2020 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 The agency will distribute official answers to the questions in the form of a

written amendment not later than August 10 2020 to all Proposers who submitted a letter

of intent 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

Page 7 of 23

G 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

7 Communications Notice

All communications related to this RFP shall be with DEEPrsquos Official Agency Contact All

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

are strictly prohibited except as permitted by this RFP Any violation of this prohibition by

Proposers or their representatives may result in disqualification or other sanctions or both

8 Affidavits Concerning Gifts and Campaign Contributions

Proposers are advised that if selected an affidavit concerning gifts and campaign contributions

will be required to accompany any State contract with a value of $50000 or more in a calendar

or fiscal year The completed form is submitted by the contractor to the awarding State agency

at the time of contract execution The form is also used with a multi-year contract to update the

initial certification on an annual basis For the most current information and to view the

affidavit go to httpwwwctgovopmfinethics_forms

9 Iran Certification

Proposers are advised that no state agency or quasi-public agency shall enter into any large state

contract or amend or renew any such contract with any entity who (1) has failed to submit a

written certification indicating whether or not such entity has made a direct investment of

twenty million dollars or more in the energy sector of Iran on or after October 1 2013 as

described in Section 202 of the Comprehensive Iran Sanctions Accountability and Divestment

Act of 2010 or has increased or renewed such investment on or after said date or (2) has

submitted a written certification indicating that such entity has made such an investment on or

after October 1 2013 or has increased or renewed such an investment on or after said date

Each such certification shall be sworn as true to the best knowledge and belief of the entity

signing the certification subject to the penalties of false statement For the most current

information and to obtain various electronic formats of OPMrsquos Iran Certification Form 7 go to

httpwwwctgovopmfinethics_forms

Iran Certification Form 7 must be submitted for any large state contract as defined in section

4-250 of the Connecticut General Statutes Entities whose principal place of business is located

outside of the United States are required to complete the entire form including the certification

portion of the form United States subsidiaries of foreign corporations are exempt from having

to complete the certification portion of the form Those entities whose principal place of

business is located inside of the United States must also fill out the form but do not have to

complete the certification portion of the form

10 Contract Compliance Requirements

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

Page 8 of 23

(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 Contract Compliance

Monitoring Report 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

Forms are available on the CHRO website The following table will assist in determining which

forms are required

Contract Amount Bidder Contract Compliance

Monitoring Report Required ndash

Affidavit for Certification of

Subcontractors as MBErsquos as applic

Affirmative Action

Plan Required

CHRO Requires

Pre Approval of

Affirmative Action

Plan

$0 - $4000 No No na

Non Public Works Contract

$400001 -

$24999999

Yes No na

$250000 or more Yes Yes No

Public Works Contract

$400001 - $50000 Yes No na

$5000001 - $500000 Yes Yes No

$50000001 or more Yes 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

At the time of contract execution a fully executed non-discrimination certification will also be

required

11 RFP Conditions

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

Page 9 of 23

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

by DEEP

D The Proposer agrees that the proposal will remain valid for a period of 180 days after

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

agreement

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

to be necessary appropriate or otherwise in the best interests of DEEP Failure to

acknowledge 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 DEEP or its designee with the

exception of personnel who have terminated employment Replacements for personnel

who have terminated employment are subject to approval by DEEP or its designee At

its discretion DEEP 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 DEEP

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 DEEP

at the Proposerrsquos sole cost and expense

J 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 DEEP

participated directly in the Proposerrsquos proposal preparation

K All responses to the RFP must conform to instruction Failure to include any required

signatures provide the required number of copies to 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

L The contract will represent the entire agreement between the Proposer and DEEP and

will supersede all prior negotiations representations or agreements alleged or made

between the parties DEEP 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 DEEP and by the AGrsquos Office The contract may

be amended only by means of a written instrument signed by DEEP the Proposer and

the AGrsquos Office

Page 10 of 23

M Contractor shall interact with the United States Coast Guard (USCG) as required to

maintain the designation of the facility as a Public Access Facility including but not

limited to any periodic revalidation process requested by the USCG

12 Rights Reserved to DEEP

The DEEP 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

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

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

its judgment the best interest of DEEP will be served

DEEP 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 DEEP shall not constitute a breach of contract on the part of DEEP since the contract with

the initial Proposer is deemed to be void from the beginning and of no effect as if no contract

ever existed between DEEP and the Proposer

13 Agencyrsquos Standard Contract and Conditions

The Proposer must accept DEEPrsquos standard contract language and conditions See Attachment

for Standard Contract Conditions

14 Park Descriptions

A Location

The Eagle Landing State Park property is located at 19 Bridge Road in Haddam

Connecticut and borders the western riverbank of the Connecticut River

B Access

Eagle Landing State Park can be accessed from the West following Route 9 to Exit 7(Rt

82 E) or from the East following Route 82 over the swing bridge

C Property Existing Conditions

The Eagle Landing property is approximately 16 acres and includes four (4) docks three

parking areas an access road a small outbuilding with a power supply and two butler-

style buildings in the northeastern corner of the property Approximately 20 acres on the

eastern portion of the site is flat and lies within the floodplain of the river It was

previously used as a parking area by the previous owner The parking lots are divided

into several distinct lots and are delineated by guardrails The lots can be gated off when

not in use During the spring thaw the property has had a history of being flooded in

areas for multiple days

The park has 1100 feet+ of frontage along the Connecticut River The Connecticut River

is navigable from Long Island Sound northward to Hartford Much of the Connecticut

River view shed is lined with trees and low-lying vegetation giving the river a

ldquowildernessrdquo feel The Connecticut River is the most popular recreational waterway in

Connecticut supporting thousands of cruising vessels and recreational boats and numerous

marinas It is also a very active commercial waterway with hundreds of barges traveling

Page 11 of 23

on the river supplying the fuel docks and tank farms with oil for the cities and towns in

the CT River Valley

The western portion of the property slopes upward to meet a rail line owned by the State

of Connecticut Department of Energy amp Environmental Protection and maintained and

operated by the Valley Railroad Company The Valley Railroad Company operates the

Essex Steam Train

The concession area is delineated by a yellow dashed line as shown on the attached

concession area map Beginning at the northern portion of the concession area the

following structuresinfrastructure are included in the concession contract One butler-

style building (westernmost butlerndashstyle building) Parking Lot 1 Docks1 and 2 use

of the access road use of small former ticket booth building with available power in the

successful proposerrsquos name and Dock 3

The area located to the south of the concession area is approximately 7+ acres but only 4

acres are developed The undeveloped parcel is proposed to become a public boat ramp

facility and is currently being analyzed for resource and engineering issues Included in

this parcel is Dock 4 and Parking Lots 2 and 3 While this property located to the

south of the concession area will not be part of the bid or agreement for Boat

DockingEducational purposes it will be offered to the successful proposer for use as a

docking facility under a short-term Special Use License This license will expire as soon

as construction on the boat ramp commences

It should be noted that the access road to the Eagle Landing property must be kept open

for access by the private residential properties to the south of Eagle Landing

D Existing Condition of Dock

A few minor repairs would help improve the condition of Docks 1 2 and 3 but all are

functioning and usable in their present condition Dock 4 which is not included in the

concession contract has sustained significant damage is not currently usable and is

considered a safety hazard The Concessionaire or Special Use License Holder would be

responsible to certify that the docks can safely secure the size vessel(s) to be used

throughout the duration of this concession The depth of the water on the river side of

the dock varies from 16 feet to 19 feet There is submerged aquatic vegetation between

the docks and the riverbank that may contain species of concern

Before the commencement of any dock maintenance activity to the 4 docks described

above DEEPrsquos Natural Diversity Data Base (NDDB shall be consulted and DEEPrsquos

Land amp Water Resources Division (LWRD) shall be contacted to determine if a permit is

required for such work

E Adjacent Uses

Northward The northern boundary of Eagle Landing State Park is a private home and

CT State Route 82 There is a fence between the State park and the private property The

Page 12 of 23

East Haddam Swing Bridge spans the Connecticut River just north of Dock 1 (See

Attachment D) Andrews Marina is situated on the north side of Route 82

Southward The southern boundary of Eagle Landing State Park is bounded by a

development of private cottages There is an unpaved road which provides residents of

these cottages access to their homes Vehicles utilizing the Boat Concession or the Boat

Ramp may not park along the shoulders of the road or block it in any way

F ZoningSurrounding Land Use

The Town of Haddam zoned this property as ldquoCommercialrdquo and also ldquoState Park amp

Forestrdquo Commercial Boating activities are permitted in the Commercial Zone Eagle

Landing State Park is bounded on both the north and south by a ldquoLow density

RuralResidential Zonerdquo The town recommends a vegetative buffer between Commercial

uses and Residential areas Overlying the entire parcel is the Federal Emergency

Management Administration (FEMA) 100-year Flood Plain zone FEMA requirements

must be applied to any new development so as not to exacerbate flooding events

G Connecticut River Gateway Commission

Eagle Landing lies within the CT River Gateway Conservation Zone

In 1973 the Connecticut General Assembly passed legislation allowing the establishment

of the Connecticut River Gateway Commission a state-local compact for the protection

of the Lower Connecticut River Valley Then and now this valley is widely recognized

as one of the most important natural recreational and scenic areas of the State of

Connecticut One year later in July 1974 the Commission became operational with the

Connecticut Department of Environmental Protection two regional planning agencies and

all eight eligible towns participating

The Gateway Conservation Zone which is the geographic focus of the Commissions

activities is approximately thirty miles in length and includes those portions of the eight

member towns (Chester Deep River East Haddam Essex Haddam Lyme Old Lyme

Old Saybrook) lying within view of the river In recent years it has become an area of

interest for a number of other environmental organizations as well The Nature

Conservancy has designated the Connecticut River Tidelands as one of its Last Great

Places the Connecticut Department of Energy amp Environmental Protection has obtained

the recognition of the rivers tidelands as internationally significant wetlands under the

terms of the International Ramsar Convention the Secretary of the US Department of

Interior has publicly recognized the lower Connecticut River valley as one of the most

important ecological landscapes in the United States and in 1999 the River was

designated as one of 14 American Heritage Rivers by the President of the United States

The mission of this Commission given to it by the Connecticut General Assembly nearly

two decades ago is to preserve the unique scenic ecological scientific and historic

values of the lower Connecticut River valley for the enjoyment of present and future

generations of Connecticut citizens

Page 13 of 23

Development beyond what has previously been permitted must be reviewed by the

Gateway Commission to ensure that it meets the mission and goals of the Gateway

Commission

H Limitations on the Site

A Hours of Operation Hours of Operation of the Concession shall be limited to Sunrise

until 200AM (0200 Hrs)

B Overnight Parking All vehicles must vacate the property by 200 AM (0200Hrs)

C Alcohol Service will be limited to the vessel No alcohol service shall be allowed on

the docks or in other locations on the property

D Amplified sound (bands DJ etc) with the exception of safety instructions shall

not commence until vessels have departed from the dock and must cease prior to final

docking

E Concession shall not sublet any part of the property unless approved by the

Department of Energy amp Environmental Protection

F No new structures shall be erected and no maintenance shall be done to the existing

docks unless approved in writing by the Commissioner or Designee of the

Department of Energy amp Environmental Protection and all applicable permits have

been obtained

Page 14 of 23

Maps of Site

Page 15 of 23

Page 16 of 23

LETTER OF INTENT TO SUBMIT A PROPOSAL

State of Connecticut

Department of Energy amp Environmental Protection

RFP for Eagle Landing State Park

Return to Tenia Seay

Department of Energy amp Environmental Protection

Bureau of Outdoor Recreation

79 Elm Street

Hartford CT 06106-5127

860-424-3064 (Phone)

860-424-4070 (FAX)

Return Deadline 400 pm July 20 2020

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 17 of 23

STATE OF CONNECTICUT

DEPARTMENT OF ENERGY AND ENVIRONMENTAL PROTECTION

BUREAU OF OUTDOOR RECREATION AND

CONNECTICUT STATE PARK AND FOREST RECREATION AREA

MOBILE FOOD AND BEVERAGE CONCESSION

THIS CONTRACT is made by and between the STATE OF CONNECTICUT acting herein by

the Commissioner of the Department of Energy and Environmental Protection hereinafter referred

to as Commissionerrdquo or DEEP or ldquoStaterdquo and [Insert Concessionaire] of the Town of

Waterbury and the state of Connecticut hereinafter referred to as the Concessionaire or

ldquoContractorrdquo

WITNESSETH

WHEREAS the Commissioner of Energy and Environmental Protection 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 a Mobile Food and Beverage Concession

Service and render services to the public at

[Insert Name of Location]

NOW THEREFORE it is hereby agreed as follows

1 Mobile Food and Beverage Concession Service The Concessionaire agrees to operate a

Mobile Food and Beverage Concession Service at the above noted facility The Concessionaire

is responsible for all work included in this Contract Details regarding the Scope of Work are

included in Attachment A which is attached hereto and is hereby made a part of this contract

2 Duration The Commissioner hereby grants to the Concessionaire the exclusive right to

operate the above Mobile Food and Beverage Concession Service at the location identified for

the period commencing upon contract execution through [insert expiration date] At the

Commissionerrsquos sole discretion this contract may be renewed for up to [Insert number] years

without further competition

3 Payment In consideration of said rights and privileges the Concessionaire agrees to pay a

total of [insert amount] to the State of Connecticut due by [insert date] Payments shall be

made by check draft or money order payable to Treasurer State of Connecticut and

delivered or mailed to the Department of Energy and Environmental Protection Accounts

Receivable 79 Elm Street Hartford Connecticut 06106-5127

4 Nondisclosure Contactor shall not release any information concerning the services provided

pursuant to the Contract 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

Page 18 of 23

STANDARD TERMS AND CONDITIONS (Rev 8302019)

1 Definitions

(a) State The State of Connecticut including the Department of Energy and Environmental Protection and

any office department board council commission institution or other agency of the State

(b) Commissioner The Commissioner of Energy and Environmental Protection or the Commissionerrsquos

designated agent

(c) Parties The Department of Energy and Environmental Protection (DEEP or Agency) and the Contractor

(d) Contractor Parties Contractor Parties shall be defined as a Contractorrsquos members directors officers

shareholders partners managers principal officers representatives agents servants consultants employees

or any one of them or any other person or entity with whom the Contractor is in privity of oral or written

contract and the Contractor intends for such other person or entity to Perform under the Contract in any

capacity To the extent that any Contractor Party is to participate or Perform in any way directly or indirectly

in connection with the Contract any reference in the Contract to the ldquoContractorrdquo shall also be deemed to

include ldquoContractor Partiesrdquo as if such reference had originally specifically included ldquoContractor Partiesrdquo

since it is the Partiesrsquo intent for the terms ldquoContractor Partiesrdquo to be vested with the same respective rights

and obligations as the terms ldquoContractorrdquo

(e) Contract This agreement as of its Effective Date between the Contractor and the State for any or all

goods or services as more particularly described in Appendix A

(f) Execution This contract shall be fully executed when it has been signed by authorized representatives

of the parties and if it is for an amount of Twenty-five thousand dollars ($2500000) or more by the

authorized representative of the state Attorney Generals office

(g) Exhibits All attachments appendices or exhibits referred to in and attached to this Contract are

incorporated in this Contract by such reference and shall be deemed to be a part of it as if they had been fully

set forth in it

(h) Records For the purposes of this Contract records are defined as all working papers and such other

information and materials as may have been accumulated by the Contractor in performing the Contract

including but not limited to documents data plans books computations drawings specifications notes

reports records estimates summaries and correspondence kept or stored in any form

(i) Confidential Information Confidential Information shall mean any name number or other information

that may be used alone or in conjunction with any other information to identify a specific individual

including but not limited to such individuals name date of birth mothers maiden name motor vehicle

operators license number Social Security number employee identification number employer or taxpayer

identification number alien registration number government passport number health insurance

identification number demand deposit account number savings account number credit card number debit

card number or unique biometric data such as fingerprint voice print retina or iris image or other unique

physical representation Without limiting the foregoing Confidential Information shall also include any

information that the Department classifies as ldquoconfidentialrdquo or ldquorestrictedrdquo Confidential Information shall

not include information that may be lawfully obtained from publicly available sources or from federal state

or local government records which are lawfully made available to the general public

(j) Confidential Information Breach Confidential Information Breach shall mean generally an instance

where an unauthorized person or entity accesses Confidential Information in any manner including but not

limited to the following occurrences (1) any Confidential Information that is not encrypted or protected is

misplaced lost stolen or in any way compromised (2) one or more third parties have had access to or taken

control or possession of any Confidential Information that is not encrypted or protected without prior written

authorization from the State (3) the unauthorized acquisition of encrypted or protected Confidential

Information together with the confidential process or key that is capable of compromising the integrity of the

Confidential Information or (4) if there is a substantial risk of identity theft or fraud to the client the

Contractor the Department or State

Page 19 of 23

(k) Claim Claim shall mean all actions suits claims demands investigations and proceedings of any kind

open pending or threatened whether mature unmatured contingent known or unknown at law or in equity

in any forum

2 Forum and Choice of Law The parties deem the Contract 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 laws 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

3 Termination

(a) Notwithstanding any provisions in this Contract the Agency 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 The Agency shall notify the Contractor in writing of Termination pursuant

to this section which notice shall specify the effective date of Termination and the extent to which the

Contractor must complete its Performance under the Contract prior to such date

(b) Notwithstanding any provisions in this Contract the Agency through a duly authorized employee may

after making a written determination that the Contractor has breached the Contract Terminate the

Contract in accordance with the provisions in the Breach section of this Contract

(c) The Agency shall send the notice of Termination via certified mail return receipt requested to the

Contractor at the most current address which the Contractor has furnished to the Agency for purposes of

correspondence or by hand delivery Upon receiving the notice from the Agency the Contractor shall

immediately discontinue all services affected in accordance with the notice undertake all commercially

reasonable efforts to mitigate any losses or damages and deliver to the Agency all Records The Records

are deemed to be the property of the Agency and the Contractor shall deliver them to the Agency no later

than thirty (30) days after the Termination of the Contract or fifteen (15) days after the Contractor

receives a written request from the Agency for the Records The Contractor shall deliver those Records

that exist in electronic magnetic or other intangible form in a non-proprietary format such as but not

limited to ASCII or TXT

(d) Upon receipt of a written notice of Termination from the Agency the Contractor shall cease operations

as the Agency directs in the notice and take all actions that are necessary or appropriate or that the

Agency may reasonably direct for the protection and preservation of the Goods and any other property

Except for any work which the Agency directs the Contractor to Perform in the notice prior to the

effective date of Termination and except as otherwise provided in the notice the Contractor shall

terminate or conclude all existing subcontracts and purchase orders and shall not enter into any further

subcontracts purchase orders or commitments

(e) The Agency shall within forty-five (45) days of the effective date of Termination reimburse the

Contractor for its Performance rendered and accepted by the Agency in addition to all actual and

reasonable costs incurred after Termination in completing those portions of the Performance which the

notice required the Contractor to complete However the Contractor is not entitled to receive and the

Agency is not obligated to tender to the Contractor any payments for anticipated or lost profits Upon

request by the Agency the Contractor shall assign to the Agency or any replacement contractor which

the Agency designates all subcontracts purchase orders and other commitments deliver to the Agency

all Records and other information pertaining to its Performance and remove from State premises

whether leased or owned all of Contractorrsquos property equipment waste material and rubbish related to

its Performance all as the Agency may request

(f) For breach or violation of any of the provisions in the section concerning Representations and

Warranties the Agency may Terminate the Contract in accordance with its terms and revoke any

consents to assignments given as if the assignments had never been requested or consented to without

liability to the Contractor or Contractor Parties or any third party

(g) Upon Termination of the Contract all rights and obligations shall be null and void so that no party shall

Page 20 of 23

have any further rights or obligations to any other party except with respect to the sections which survive

Termination All representations warranties agreements and rights of the parties under the Contract

shall survive such Termination to the extent not otherwise limited in the Contract and without each one

of them having to be specifically mentioned in the Contract

(h) Termination of the Contract pursuant to this section shall not be deemed to be a breach of contract by

the Agency

4 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

(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 Contractorrsquos bid proposal 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

(b) The Contractor shall not be responsible for indemnifying or holding the State harmless from any liability

arising due to the negligence of the State or any other person or entity acting under the direct control or

supervision of the State

(c) 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

(d) 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

(e) 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 cause the State to be named as an additional insured

on the policy and shall provide (1) a certificate of insurance (2) the declaration page and (3) the

additional insured endorsement to the policy to the State and the Client Agency all in an electronic format

acceptable to the State prior to the Effective Date of the Contract evidencing that the State is an additional

insured The Contractor shall not begin Performance until the delivery of these three documents to the

Client Agency Contractor shall provide an annual electronic update of the three documents to the Client

Agency and the State on or before each anniversary of the Effective Date during the Contract term State

shall be entitled to recover under the insurance policy even if a body of competent jurisdiction determines

that State is contributorily negligent

(f) This section shall survive the Termination of the Contract and shall not be limited by reason of any

insurance coverage

5 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 and employees

which they 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

6 Protection of Confidential Information Contractor and Contractor Parties at their own expense have a duty to

and shall protect from a Confidential Information Breach any and all Confidential Information which they come

to possess or control wherever and however stored or maintained in a commercially reasonable manner in

accordance with current industry standards

(b) Each Contractor or Contractor Party shall develop implement and maintain a comprehensive data -

security program for the protection of Confidential Information The safeguards contained in such

Page 21 of 23

program shall be consistent with and comply with the safeguards for protection of Confidential

Information and information of a similar character as set forth in all applicable federal and state law

and written policy of the Agency or State concerning the confidentiality of Confidential Information

Such data-security program shall include but not be limited to the following

(1) A security policy for employees related to the storage access and transportation of data containing

Confidential Information

(2) Reasonable restrictions on access to records containing Confidential Information including access

to any locked storage where such records are kept

(3) A process for reviewing policies and security measures at least annually

(4) Creating secure access controls to Confidential Information including but not limited to passwords

and

(5) Encrypting of Confidential Information that is stored on laptops portable devices or being

transmitted electronically

(c) The Contractor and Contractor Parties shall notify the Agency and the Connecticut Office of the Attorney

General as soon as practical but no later than twenty-four (24) hours after they become aware of or

suspect that any Confidential Information which Contractor or Contractor Parties have come to possess

or control has been subject to a Confidential Information Breach If a Confidential Information Breach

has occurred the Contractor shall within three (3) business days after the notification present a credit

monitoring and protection plan to the Commissioner of Administrative Services the Agency and the

Connecticut Office of the Attorney General for review and approval Such credit monitoring or

protection plan shall be made available by the Contractor at its own cost and expense to all individuals

affected by the Confidential Information Breach Such credit monitoring or protection plan shall include

but is not limited to reimbursement for the cost of placing and lifting one (1) security freeze per credit

file pursuant to Connecticut General Statutes sect 36a-701a Such credit monitoring or protection plans

shall be approved by the State in accordance with this Section and shall cover a length of time

commensurate with the circumstances of the Confidential Information Breach The Contractorsrsquo costs

and expenses for the credit monitoring and protection plan shall not be recoverable from the Agency

any State of Connecticut entity or any affected individuals

(d) The Contractor shall incorporate the requirements of this Section in all subcontracts requiring each

Contractor Party to safeguard Confidential Information in the same manner as provided for in this

Section

(e) Nothing in this Section shall supersede in any manner Contractorrsquos or Contractor Partyrsquos obligations

pursuant to HIPAA or the provisions of this Contract concerning the obligations of the Contractor as a

Business Associate of Covered Entity

7 Executive Orders This 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 The Contract may also be subject to Executive Order No 14 of Governor

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

Executive Order No 49 of Governor Dannel P Malloy promulgated May 22 2015 mandating disclosure of

certain gifts to public employees and contributions to certain candidates for office If Executive Order 14 andor

Executive Order 49 are applicable they are deemed to be 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 or DAS shall provide a

copy of these orders to the Contractor

8 State Liability The State of Connecticut shall assume no liability for payment for services under the terms of

this agreement until the contractor is notified that this agreement has been accepted by the contracting agency

and if applicable approved by the Office of Policy and Management (OPM) or the Department of

Administrative Services (DAS) and by the Attorney General of the State of Connecticut

9 Distribution of Materials The Contractor shall obtain written approval from the Commissioner prior to the

distribution or publication of any materials prepared under the terms of this Contract Such approval shall not

be unreasonably withheld

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

approved in writing by the Commissioner at the Commissionerrsquos sole discretion In the event of any

Page 22 of 23

unapproved change in principal project staff the Commissioner may in the Commissionerrsquos sole discretion

terminate this Contract

11 Further Assurances The Parties shall provide such information execute and deliver any instruments and

documents and take such other actions as may be necessary or reasonably requested by the other Party which

are not inconsistent with the provisions of this Contract and which do not involve the vesting of rights or

assumption of obligations other than those provided for in the Contract in order to give full effect to the

Contract and to carry out the intent of the Contract

12 Third Party Participation The Contractor may make sub-awards using either its own competitive selection

process or the values established in the statersquos competitive selection process as outlined in DAS General Letter

71 whichever is more restrictive to conduct any of the tasks in the Scope of Work contained in Appendix A

The Contractor shall advise the Commissioner of the proposed sub-awardee and the amount allocated at least

two (2) weeks prior to the making of such awards The Commissioner reserves the right to disapprove such

awards if they appear to be inconsistent with the program activities to be conducted under this grant As

required by Sec 46a-68j-23 of the Connecticut Regulations of State Agencies the Contractor must make a good

faith effort based upon the availability of minority business enterprises in the labor market area to award a

reasonable proportion of all subcontracts to such enterprises When minority business enterprises are selected

the Contractor shall provide DEEP with a copy of the Affidavit for Certification of Subcontractors as Minority

Business Enterprises (MBE) along with a copy of the purchase order or contract engaging the Subcontractor

The Contractor shall be the sole point of contact concerning the management of the Contract including

performance and payment issues The Contractor is solely and completely responsible for adherence by any

subcontractor to all the applicable provisions of the Contract

13 Americans with Disabilities Act The Contractor shall be and remain in compliance with the Americans with

Disabilities Act of 1990 (ldquoActrdquo) to the extent applicable during the term of the Contract The DEEP may

cancel the Contract if the Contractor fails to comply with the Act

14 Affirmative Action and Sexual Harassment Policies The Contractor agrees to comply with the Departments

Affirmative Action and Sexual Harassment Policies available on DEEPrsquos web site Hard copies of the policy

statements are available upon request at DEEP

15 Breach If either Party breaches the Contract in any respect the non-breaching Party shall provide written

notice of the breach to the breaching Party and afford the breaching Party an opportunity to cure within ten (10)

days from the date that the breaching Party receives the notice In the case of a Contractor breach any other

time period which the Agency sets forth in the notice shall trump the ten (10) days The right to cure period

shall be extended if the non-breaching Party is satisfied that the breaching Party is making a good faith effort

to cure but the nature of the breach is such that it cannot be cured within the right to cure period The notice

may include an effective Contract Termination date if the breach is not cured by the stated date and unless

otherwise modified by the non-breaching Party in writing prior to the Termination date no further action shall

be required of any Party to effect the Termination as of the stated date If the notice does not set forth an

effective Contract Termination date then the non-breaching Party may Terminate the Contract by giving the

breaching Party no less than twenty four (24) hours prior written notice If the Agency believes that the

Contractor has not performed according to the Contract the Agency may withhold payment in whole or in part

pending resolution of the Performance issue provided that the Agency notifies the Contractor in writing prior

to the date that the payment would have been due

16 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

17 The Town Guarantee The Town shall furnish adequate protection from damage for all work and to repair any

damage of any kind for which he or his workmen are responsible to premises or any equipment to his own

work or to the work of the Agency pay for all permits licenses and fees and to give all notices and comply

with all laws ordinances rules and regulations of the city state and federal government

18 Force Majeure The Parties shall not be excused from their obligation to perform in accordance with the

Contract except in the case of Force Majeure events and as otherwise provided for in the Contract A Force

Majeure event materially affects the cost of the Goods or Services or the time schedule for performance and is

outside the control nor caused by the Parties In the case of any such exception the nonperforming Party shall

give immediate written notice to the other explaining the cause and probable duration of any such

Page 23 of 23

nonperformance

19 Entirety of Contract The Contract is the entire agreement between the Parties with respect to its subject matter

and supersedes all prior agreements proposals offers counteroffers and understandings of the Parties whether

written or oral The Contract has been entered into after full investigation neither Party relying upon any

statement or representation by the other unless such statement or representation is specifically embodied in the

Contract

20 Interpretation The Contract contains numerous references to statutes and regulations For purposes of

interpretation conflict resolution and otherwise the content of those statutes and regulations shall govern over

the content of the reference in the Contract to those statutes and regulations

A-1

Attachment A

Scope of Work

Mobile Food and Beverage Concession Services

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

covering each annual period of this contract shall reflect the following limits and shall be submitted

by the Concessionaire to the Department of Energy and Environmental Protection by April 1 of each

year this contract is in effect

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

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

damages arising from the destruction of or damage to property in any one accident or occurrence

In cases where any insurance policy shows an aggregate limit the aggregate shall apply solely to

the concession operation or the aggregate limit shall be not less than $2000000

b 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 from bodily injuries to or death of all persons in any one

accident or occurrence and for all damages arising from the destruction of or damage to property

in any one accident or occurrence In cases where any insurance policy shows an aggregate limit

the aggregate shall apply solely to the concession operation or the aggregate limit shall be not less

than $2000000

c The Concessionaire shall carry Workerrsquos Compensation insurance in accordance with the

requirements of the laws of the State of Connecticut

d Said coveragersquos are to be provided by insurance companies licensed by the State of Connecticut

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

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

2 Commodities and Price List

a The Concessionaire shall be allowed to sell food and beverages as approved in advance by the

Commissioner

b The Concessionaire shall be allowed to sell souvenirs and other outdoor recreation related

merchandise hereinafter referred to collectively as merchandise as approved in advance by the

Commissioner

c By April 1 of each year that this contract is in effect the Concessionaire shall submit for approval

a price list of all foods beverages and merchandise for sale hereinafter referred to collectively as

commodities to the Department of Energy and Environmental Protection Bureau of Outdoor

Recreation Division of State Parks and Public Outreach 79 Elm Street Hartford CT 06106-5127

d Any price increases or additions of commodities are subject to the prior written approval of the

Commissioner

e The Concessionaire shall post a price list of all commodities for sale in full public view while in

operation

f Whenever the park name is used on merchandise the complete park name shall be used

g The Concessionaire warrants that all commodities offered for sale shall not exceed in price nor be

substandard in quality or quantity to like commodities sold in the surrounding community

A-2

3 Sunscreen All concession operations in a park having a designated swimming area shall have

sunscreen with a Sun Protection Factor (SPF) of at least 15 for adults and 45 for children available for

sale to the general public

4 Use of Biodegradable Products To the extent practicable the Concessionaire agrees to use

recyclable and biodegradable products and packaging in all of its operations ie paper products or

products containing recycled contents The Concessionaire agrees to not dispense food or beverages

in close-celled foam-based containers

5 Prohibitions The Concessionaire shall not

a dispense food or beverages in glass containers

b dispense alcoholic beverages

c sell snorkels beach balls rafts or other inflatable or buoyant devices except US Coast Guard

approved personal flotation devices (PFDs)

d permit gratuities to employees of the State of Connecticut

e provide video or pinball games

6 Hours of Operation

a The Concessionaire may operate the Concession daily between 800 am and sunset on any day

that this contract is in effect

b From the Saturday before Memorial Day through July 4th the Concessionaire shall open the

concession on Saturdays Sundays and holidays not later than 1100 am except during inclement

weather and the concession shall remain open at least until three hours before but not later than

sunset

c From July 4th through Labor Day the Concessionaire shall open the concession daily not later than

1100 am except during inclement weather and the concession shall remain open at least until

three hours before but not later than sunset

d Deviations from the above stated schedules are allowable but must receive advanced approval in

writing from the Park and Recreation Supervisor

e When closing due to inclement weather the Concessionaire shall immediately notify the Park and

Recreation Supervisor The Concessionaire shall keep in the concession vehicle at all times a log

of all closures due to inclement weather and it shall be immediately available to the Park and

Recreation Supervisor upon request for inspection

f Within 30 days of closing the concession for the season but in no case later than December 31 of

each calendar year that this contract is in effect the Concessionaire shall submit an Annual

Inclement Weather Closure Report to the Park and Recreation Supervisor

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

the appropriate local health department prior to April 15th of each year this contract is in effect The

Concessionaire is responsible for and shall directly pay for any fees charged for such inspections

8 Health Department Permit The Concessionaire will annually obtain a ldquopermit to sellrdquo from the local

health department and submit a copy of said permit to the DEEP Division of State Parks amp Public

Outreach not later than April 30th of each year this contract is in effect Other Permits The

Concessionaire shall be solely responsible for securing any other licenses permits approvals or

waivers required by any other federal state regional or municipal authority having jurisdiction in the

town(s) in which the Concession is located

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

to state property without the prior written approval of DEEP Any improvements or permanent fixtures

approved by the DEEP and provided by the Concessionaire during the term of this contract shall

immediately become the property of the State of Connecticut

A-3

10 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

11 Refuse Disposal The Concessionaire at its sole expense shall be responsible for the proper disposal

and removal of all recyclables and trash generated by operation of the concession For additional

information see the DEEP website for Managing Waste and Recycling at Special Events and Other

Venues the direct URL address for which is

httpwwwctgovdepcwpviewaspa=2714ampq=434054ampdepNav_GID=1645

12 General Maintenance The Concessionaire shall be responsible for maintaining the Concession area

in a clean sanitary and orderly manner

13 Exclusivity With the exception of vending machines and commodities having prior written approval

for DEEP sanctioned events including but not limited to events authorized by a Special Use License

the Concessionaire shall have the exclusive right to sell commodities within the property named

herein

14 Vending Machines The State of Connecticut Board of Education and Services for the Blind (BESB)

shall have exclusive rights to vending machines on the premises of the concessions and other

authorized areas within the park or forest for the purpose of vending foods and beverages and to collect

receipts there from provided that the number and locations of such vending machines shall receive

prior written approval from a representative of the DEEP

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

contract shall prevent visitors from bringing food to the park and preparing such food for personal

consumption including dispensing such food at no charge to other park visitors Park visitors may

also utilize private catering services with advanced written approval of the Park and Recreation

Supervisor Said catering services may only be permitted with the condition that no financial

transactions occur on DEEP property

16 Concession Staffing The concession shall be staffed only by the Concessionaire or its employee(s)

or other agents identified herein unless otherwise authorized by the Commissioner in writing

17 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

18 Appearance The Concessionaire and its 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

19 Audible Devices The Concessionaire shall activate audible devices (loudspeakers music bells etc)

only in accordance with instructions provided by the Park and Recreation Supervisor Instructions are

subject to change immediately at the discretion of the Park and Recreation Supervisor

20 Concession Location Unless authorized by the Park and Recreation Supervisor to do otherwise the

Concessionaire agrees to

a identify all park-and-sit locations or drive-through routes on a park map

b confine all concession operations to the designated Concession areas

c confine all sales and advertising to the concession vehicle

d provide garbage and recycling receptacles for customer use

21 Food Inspection An authorized representative of the Commissioner may conduct an unannounced

in-season food inspection once per calendar year Upon request the Concessionaire shall provide a

A-4

range of food and beverage items proportionate to one meal to the Commissionerrsquos

representative for food-tasting purposes

22 Financial Reporting Within 30 days of closing the Concession for the season but in no case

later than December 31 of each calendar year that this contract is in effect the Concessionaire

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

Commissioner of the Superior Court to Department of Energy and Environmental Protection

Bureau of Outdoor Recreation Division of State Parks and Public Outreach 79 Elm Street

Hartford CT 06106-5127

23 Revenue DEEP shall have no responsibility for revenue loss directly or indirectly attributable

to DEEP management actions including but not limited to changes in park or campground

schedules or operations or in services provided to the visiting public DEEP shall have no

responsibility for revenue loss directly or indirectly attributable to uncontrollable phenomena

including but not limited to attendance loss weather conditions or other Acts of God

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

Energy and Environmental Protection regarding State Park and Forest Recreation Areas and

with any other department policy concerning the operation of concessions

The parties have hereunto set their hands

SIGNED AND DELIVERED below

STATE OF CONNECTICUT

Department of Energy and Environmental

Protection

CONCESSIONAIRE

BY BY

Date Date

Contract ______________

Acct Fund SID DeptId Prog Project Bud

Ref Amount

Funds available Date

Attorney General (Approved as to Form) Date

Page 3: REQUEST FOR PROPOSALS (RFP) Management, Operation and

Page 3 of 23

1 Outline of Work

Proposals should clearly describe plans for the operation maintenance and development of the

property and piers for the duration of the proposed management agreement and address all items

delineated in Section 6 of this request for proposals

The Concessionaire will be responsible for all aspects of the boat charter 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 concession area and any 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 boat charter operation including but not limited to environmental permits for

site improvements

2 Required Qualifications

Primary consideration will be given to those proposals emphasizing

bull Water-dependent uses as defined in Section 22a-93(15) of the Connecticut General

Statutes

bull Public environmental programs and the extent to which programs are offered to a diverse

citizenry

bull Investment of funds services including plans for infrastructure site maintenance and

security

bull A strong commitment to public involvement and

bull The long-term protection and enhancement of open space and Connecticut River

resources

3 Review Criteria

bull Ability to meet the terms described in ldquoAttachment Ardquo of the Sample Contract (enclosed)

bull The Concessionairersquos ability to do the specified work

bull The Concessionairersquos understanding of the project and its purpose and scope as

evidenced by the proposed approach and the level of effort

bull Availability and competence of personnel

bull Conformity with specifications contained herein

bull Demonstration of commitment to Affirmative Action by full compliance with the

regulations of the Commission on Human Rights and Opportunities (CHRO)

4 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 400pm

on July 20 2020 As an original signature is required a letter of intent sent by e-mail will not

be accepted 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 11) the agencyrsquos standard contract and conditions (sample contract

enclosed) and the Statersquos contract compliance requirements (Request for Proposals Section 13

Page 4 of 23

and Sample Contract Section 4) in their entirety and without amendment The statement must

be signed by the Proposer

5 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

June 30 2020 RFP Released

July 20 2020 Letter of Intent Due

July 27 2020 Deadline for Questions

August 10 2020 Official Answers Released

September 9 2020 at 400 pm Deadline for Submitting Proposals

September 22 2020 Contractor Selection

September 29 2020 Start of Contract Negotiations

January 1 2021 Start of Contract

6 Instructions for Proposers

A Required Format for Proposals

All proposals must follow the required format below (or use Proposal Submission Form)

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

1) Contractor Information

a) Name of Proposer - Provide the ldquolegalrdquo name of the Proposer 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 Social Security or

FEIN will be required when the contract is drafted

b) Proposerrsquos Representatives The Proposer must 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) Contact Name and Title

(2) Business Location

(3) Mailing Address

(4) Telephone Number

(5) Fax Number

(6) E-mail Address (If Available)

(7) Normal business hours

Page 5 of 23

2) Outline of Work

a) Work Plan

Provide a detailed task-oriented breakdown for each activity in the Outline

of Work Proposers wishing to add activities to those specified in the

Outline of Work must show the additions as separately numbered tasks

b) Methodologies

Describe how each activity (task) will be accomplished providing a

detailed explanation of the procedures or processes that will be used to

attain the expected outcomes

c) Deliverables

List and describe the form and content of each deliverable (outcome)

Include a description of the proposed method of working with the agency

the resources or services requested of the agency (if any) and the proposed

method of receiving agency approval of deliverables

d) Schedule

Include a proposed work schedule by activity indicating when each

activity will be accomplished Identify any significant milestones or

deadlines Include due dates for all deliverables

e) Key Personnel

Identify the key personnel that will be assigned to this project Attach

resumes reflecting their qualifications including related work experience

[Note The Department must be notified in writing and in advance

regarding the departure of any key personnel from the project]

f) Proposed Cost

Include a cost proposal using the required format (below) Proposers must

submit all-inclusive fixed cost based on completion of entire project

Proposer must include both labor and materials in cost

The cost proposal must be prepared on one sheet of 8rdquox11rdquo white paper

The Proposerrsquos contact information must be printed at the top of the

proposal The original cost proposal and six duplicate copies must be placed

in an 8rdquox11rdquo envelope and sealed The Proposerrsquos contact information must

be printed on the envelope

Deliverable Fixed Cost

Task 1 $ xxxxxxx

Task 2 $ xxxxxxx

Task 3 $ xxxxxxx

Page 6 of 23

3) 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

B Minimum Submission Requirements

At a minimum one original (clearly identified as such) and three (3) conforming copies of

each proposal must (1) be signed by the Proposer (2) be submitted before the deadline (3)

follow the required format (4) be complete (5) include the SEEC Form 10 as required

and (6) satisfy the packaging and labeling requirements Proposals that fail to meet these

minimum submission requirements may be disqualified and not reviewed further

C References

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

for each reference name title company address and phone number

D Style Requirements

Proposals must conform to the following requirements (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

20 pages in length including any attachments (5) display the Proposerrsquos name and

Proposal on the header of each page (6) display page numbers at the bottom of each page

and (7) proposals and attachments be copied double sided DEEP requests that paper used

for printing and copying be composed of materials having at least 30 post consumer

content

E Packaging and Labeling Requirements

All proposals must be submitted in sealed envelopes or packages All proposals must be

addressed to the Official Agency Contact and have the RFP prominently displayed on

the envelope The name and address of the Proposer must appear in the upper left hand

corner of the envelope or package Proposals transmitted by facsimile will not be accepted

or reviewed

F Inquiry Procedures

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

July 27 2020 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 The agency will distribute official answers to the questions in the form of a

written amendment not later than August 10 2020 to all Proposers who submitted a letter

of intent 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

Page 7 of 23

G 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

7 Communications Notice

All communications related to this RFP shall be with DEEPrsquos Official Agency Contact All

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

are strictly prohibited except as permitted by this RFP Any violation of this prohibition by

Proposers or their representatives may result in disqualification or other sanctions or both

8 Affidavits Concerning Gifts and Campaign Contributions

Proposers are advised that if selected an affidavit concerning gifts and campaign contributions

will be required to accompany any State contract with a value of $50000 or more in a calendar

or fiscal year The completed form is submitted by the contractor to the awarding State agency

at the time of contract execution The form is also used with a multi-year contract to update the

initial certification on an annual basis For the most current information and to view the

affidavit go to httpwwwctgovopmfinethics_forms

9 Iran Certification

Proposers are advised that no state agency or quasi-public agency shall enter into any large state

contract or amend or renew any such contract with any entity who (1) has failed to submit a

written certification indicating whether or not such entity has made a direct investment of

twenty million dollars or more in the energy sector of Iran on or after October 1 2013 as

described in Section 202 of the Comprehensive Iran Sanctions Accountability and Divestment

Act of 2010 or has increased or renewed such investment on or after said date or (2) has

submitted a written certification indicating that such entity has made such an investment on or

after October 1 2013 or has increased or renewed such an investment on or after said date

Each such certification shall be sworn as true to the best knowledge and belief of the entity

signing the certification subject to the penalties of false statement For the most current

information and to obtain various electronic formats of OPMrsquos Iran Certification Form 7 go to

httpwwwctgovopmfinethics_forms

Iran Certification Form 7 must be submitted for any large state contract as defined in section

4-250 of the Connecticut General Statutes Entities whose principal place of business is located

outside of the United States are required to complete the entire form including the certification

portion of the form United States subsidiaries of foreign corporations are exempt from having

to complete the certification portion of the form Those entities whose principal place of

business is located inside of the United States must also fill out the form but do not have to

complete the certification portion of the form

10 Contract Compliance Requirements

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

Page 8 of 23

(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 Contract Compliance

Monitoring Report 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

Forms are available on the CHRO website The following table will assist in determining which

forms are required

Contract Amount Bidder Contract Compliance

Monitoring Report Required ndash

Affidavit for Certification of

Subcontractors as MBErsquos as applic

Affirmative Action

Plan Required

CHRO Requires

Pre Approval of

Affirmative Action

Plan

$0 - $4000 No No na

Non Public Works Contract

$400001 -

$24999999

Yes No na

$250000 or more Yes Yes No

Public Works Contract

$400001 - $50000 Yes No na

$5000001 - $500000 Yes Yes No

$50000001 or more Yes 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

At the time of contract execution a fully executed non-discrimination certification will also be

required

11 RFP Conditions

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

Page 9 of 23

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

by DEEP

D The Proposer agrees that the proposal will remain valid for a period of 180 days after

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

agreement

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

to be necessary appropriate or otherwise in the best interests of DEEP Failure to

acknowledge 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 DEEP or its designee with the

exception of personnel who have terminated employment Replacements for personnel

who have terminated employment are subject to approval by DEEP or its designee At

its discretion DEEP 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 DEEP

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 DEEP

at the Proposerrsquos sole cost and expense

J 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 DEEP

participated directly in the Proposerrsquos proposal preparation

K All responses to the RFP must conform to instruction Failure to include any required

signatures provide the required number of copies to 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

L The contract will represent the entire agreement between the Proposer and DEEP and

will supersede all prior negotiations representations or agreements alleged or made

between the parties DEEP 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 DEEP and by the AGrsquos Office The contract may

be amended only by means of a written instrument signed by DEEP the Proposer and

the AGrsquos Office

Page 10 of 23

M Contractor shall interact with the United States Coast Guard (USCG) as required to

maintain the designation of the facility as a Public Access Facility including but not

limited to any periodic revalidation process requested by the USCG

12 Rights Reserved to DEEP

The DEEP 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

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

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

its judgment the best interest of DEEP will be served

DEEP 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 DEEP shall not constitute a breach of contract on the part of DEEP since the contract with

the initial Proposer is deemed to be void from the beginning and of no effect as if no contract

ever existed between DEEP and the Proposer

13 Agencyrsquos Standard Contract and Conditions

The Proposer must accept DEEPrsquos standard contract language and conditions See Attachment

for Standard Contract Conditions

14 Park Descriptions

A Location

The Eagle Landing State Park property is located at 19 Bridge Road in Haddam

Connecticut and borders the western riverbank of the Connecticut River

B Access

Eagle Landing State Park can be accessed from the West following Route 9 to Exit 7(Rt

82 E) or from the East following Route 82 over the swing bridge

C Property Existing Conditions

The Eagle Landing property is approximately 16 acres and includes four (4) docks three

parking areas an access road a small outbuilding with a power supply and two butler-

style buildings in the northeastern corner of the property Approximately 20 acres on the

eastern portion of the site is flat and lies within the floodplain of the river It was

previously used as a parking area by the previous owner The parking lots are divided

into several distinct lots and are delineated by guardrails The lots can be gated off when

not in use During the spring thaw the property has had a history of being flooded in

areas for multiple days

The park has 1100 feet+ of frontage along the Connecticut River The Connecticut River

is navigable from Long Island Sound northward to Hartford Much of the Connecticut

River view shed is lined with trees and low-lying vegetation giving the river a

ldquowildernessrdquo feel The Connecticut River is the most popular recreational waterway in

Connecticut supporting thousands of cruising vessels and recreational boats and numerous

marinas It is also a very active commercial waterway with hundreds of barges traveling

Page 11 of 23

on the river supplying the fuel docks and tank farms with oil for the cities and towns in

the CT River Valley

The western portion of the property slopes upward to meet a rail line owned by the State

of Connecticut Department of Energy amp Environmental Protection and maintained and

operated by the Valley Railroad Company The Valley Railroad Company operates the

Essex Steam Train

The concession area is delineated by a yellow dashed line as shown on the attached

concession area map Beginning at the northern portion of the concession area the

following structuresinfrastructure are included in the concession contract One butler-

style building (westernmost butlerndashstyle building) Parking Lot 1 Docks1 and 2 use

of the access road use of small former ticket booth building with available power in the

successful proposerrsquos name and Dock 3

The area located to the south of the concession area is approximately 7+ acres but only 4

acres are developed The undeveloped parcel is proposed to become a public boat ramp

facility and is currently being analyzed for resource and engineering issues Included in

this parcel is Dock 4 and Parking Lots 2 and 3 While this property located to the

south of the concession area will not be part of the bid or agreement for Boat

DockingEducational purposes it will be offered to the successful proposer for use as a

docking facility under a short-term Special Use License This license will expire as soon

as construction on the boat ramp commences

It should be noted that the access road to the Eagle Landing property must be kept open

for access by the private residential properties to the south of Eagle Landing

D Existing Condition of Dock

A few minor repairs would help improve the condition of Docks 1 2 and 3 but all are

functioning and usable in their present condition Dock 4 which is not included in the

concession contract has sustained significant damage is not currently usable and is

considered a safety hazard The Concessionaire or Special Use License Holder would be

responsible to certify that the docks can safely secure the size vessel(s) to be used

throughout the duration of this concession The depth of the water on the river side of

the dock varies from 16 feet to 19 feet There is submerged aquatic vegetation between

the docks and the riverbank that may contain species of concern

Before the commencement of any dock maintenance activity to the 4 docks described

above DEEPrsquos Natural Diversity Data Base (NDDB shall be consulted and DEEPrsquos

Land amp Water Resources Division (LWRD) shall be contacted to determine if a permit is

required for such work

E Adjacent Uses

Northward The northern boundary of Eagle Landing State Park is a private home and

CT State Route 82 There is a fence between the State park and the private property The

Page 12 of 23

East Haddam Swing Bridge spans the Connecticut River just north of Dock 1 (See

Attachment D) Andrews Marina is situated on the north side of Route 82

Southward The southern boundary of Eagle Landing State Park is bounded by a

development of private cottages There is an unpaved road which provides residents of

these cottages access to their homes Vehicles utilizing the Boat Concession or the Boat

Ramp may not park along the shoulders of the road or block it in any way

F ZoningSurrounding Land Use

The Town of Haddam zoned this property as ldquoCommercialrdquo and also ldquoState Park amp

Forestrdquo Commercial Boating activities are permitted in the Commercial Zone Eagle

Landing State Park is bounded on both the north and south by a ldquoLow density

RuralResidential Zonerdquo The town recommends a vegetative buffer between Commercial

uses and Residential areas Overlying the entire parcel is the Federal Emergency

Management Administration (FEMA) 100-year Flood Plain zone FEMA requirements

must be applied to any new development so as not to exacerbate flooding events

G Connecticut River Gateway Commission

Eagle Landing lies within the CT River Gateway Conservation Zone

In 1973 the Connecticut General Assembly passed legislation allowing the establishment

of the Connecticut River Gateway Commission a state-local compact for the protection

of the Lower Connecticut River Valley Then and now this valley is widely recognized

as one of the most important natural recreational and scenic areas of the State of

Connecticut One year later in July 1974 the Commission became operational with the

Connecticut Department of Environmental Protection two regional planning agencies and

all eight eligible towns participating

The Gateway Conservation Zone which is the geographic focus of the Commissions

activities is approximately thirty miles in length and includes those portions of the eight

member towns (Chester Deep River East Haddam Essex Haddam Lyme Old Lyme

Old Saybrook) lying within view of the river In recent years it has become an area of

interest for a number of other environmental organizations as well The Nature

Conservancy has designated the Connecticut River Tidelands as one of its Last Great

Places the Connecticut Department of Energy amp Environmental Protection has obtained

the recognition of the rivers tidelands as internationally significant wetlands under the

terms of the International Ramsar Convention the Secretary of the US Department of

Interior has publicly recognized the lower Connecticut River valley as one of the most

important ecological landscapes in the United States and in 1999 the River was

designated as one of 14 American Heritage Rivers by the President of the United States

The mission of this Commission given to it by the Connecticut General Assembly nearly

two decades ago is to preserve the unique scenic ecological scientific and historic

values of the lower Connecticut River valley for the enjoyment of present and future

generations of Connecticut citizens

Page 13 of 23

Development beyond what has previously been permitted must be reviewed by the

Gateway Commission to ensure that it meets the mission and goals of the Gateway

Commission

H Limitations on the Site

A Hours of Operation Hours of Operation of the Concession shall be limited to Sunrise

until 200AM (0200 Hrs)

B Overnight Parking All vehicles must vacate the property by 200 AM (0200Hrs)

C Alcohol Service will be limited to the vessel No alcohol service shall be allowed on

the docks or in other locations on the property

D Amplified sound (bands DJ etc) with the exception of safety instructions shall

not commence until vessels have departed from the dock and must cease prior to final

docking

E Concession shall not sublet any part of the property unless approved by the

Department of Energy amp Environmental Protection

F No new structures shall be erected and no maintenance shall be done to the existing

docks unless approved in writing by the Commissioner or Designee of the

Department of Energy amp Environmental Protection and all applicable permits have

been obtained

Page 14 of 23

Maps of Site

Page 15 of 23

Page 16 of 23

LETTER OF INTENT TO SUBMIT A PROPOSAL

State of Connecticut

Department of Energy amp Environmental Protection

RFP for Eagle Landing State Park

Return to Tenia Seay

Department of Energy amp Environmental Protection

Bureau of Outdoor Recreation

79 Elm Street

Hartford CT 06106-5127

860-424-3064 (Phone)

860-424-4070 (FAX)

Return Deadline 400 pm July 20 2020

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 17 of 23

STATE OF CONNECTICUT

DEPARTMENT OF ENERGY AND ENVIRONMENTAL PROTECTION

BUREAU OF OUTDOOR RECREATION AND

CONNECTICUT STATE PARK AND FOREST RECREATION AREA

MOBILE FOOD AND BEVERAGE CONCESSION

THIS CONTRACT is made by and between the STATE OF CONNECTICUT acting herein by

the Commissioner of the Department of Energy and Environmental Protection hereinafter referred

to as Commissionerrdquo or DEEP or ldquoStaterdquo and [Insert Concessionaire] of the Town of

Waterbury and the state of Connecticut hereinafter referred to as the Concessionaire or

ldquoContractorrdquo

WITNESSETH

WHEREAS the Commissioner of Energy and Environmental Protection 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 a Mobile Food and Beverage Concession

Service and render services to the public at

[Insert Name of Location]

NOW THEREFORE it is hereby agreed as follows

1 Mobile Food and Beverage Concession Service The Concessionaire agrees to operate a

Mobile Food and Beverage Concession Service at the above noted facility The Concessionaire

is responsible for all work included in this Contract Details regarding the Scope of Work are

included in Attachment A which is attached hereto and is hereby made a part of this contract

2 Duration The Commissioner hereby grants to the Concessionaire the exclusive right to

operate the above Mobile Food and Beverage Concession Service at the location identified for

the period commencing upon contract execution through [insert expiration date] At the

Commissionerrsquos sole discretion this contract may be renewed for up to [Insert number] years

without further competition

3 Payment In consideration of said rights and privileges the Concessionaire agrees to pay a

total of [insert amount] to the State of Connecticut due by [insert date] Payments shall be

made by check draft or money order payable to Treasurer State of Connecticut and

delivered or mailed to the Department of Energy and Environmental Protection Accounts

Receivable 79 Elm Street Hartford Connecticut 06106-5127

4 Nondisclosure Contactor shall not release any information concerning the services provided

pursuant to the Contract 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

Page 18 of 23

STANDARD TERMS AND CONDITIONS (Rev 8302019)

1 Definitions

(a) State The State of Connecticut including the Department of Energy and Environmental Protection and

any office department board council commission institution or other agency of the State

(b) Commissioner The Commissioner of Energy and Environmental Protection or the Commissionerrsquos

designated agent

(c) Parties The Department of Energy and Environmental Protection (DEEP or Agency) and the Contractor

(d) Contractor Parties Contractor Parties shall be defined as a Contractorrsquos members directors officers

shareholders partners managers principal officers representatives agents servants consultants employees

or any one of them or any other person or entity with whom the Contractor is in privity of oral or written

contract and the Contractor intends for such other person or entity to Perform under the Contract in any

capacity To the extent that any Contractor Party is to participate or Perform in any way directly or indirectly

in connection with the Contract any reference in the Contract to the ldquoContractorrdquo shall also be deemed to

include ldquoContractor Partiesrdquo as if such reference had originally specifically included ldquoContractor Partiesrdquo

since it is the Partiesrsquo intent for the terms ldquoContractor Partiesrdquo to be vested with the same respective rights

and obligations as the terms ldquoContractorrdquo

(e) Contract This agreement as of its Effective Date between the Contractor and the State for any or all

goods or services as more particularly described in Appendix A

(f) Execution This contract shall be fully executed when it has been signed by authorized representatives

of the parties and if it is for an amount of Twenty-five thousand dollars ($2500000) or more by the

authorized representative of the state Attorney Generals office

(g) Exhibits All attachments appendices or exhibits referred to in and attached to this Contract are

incorporated in this Contract by such reference and shall be deemed to be a part of it as if they had been fully

set forth in it

(h) Records For the purposes of this Contract records are defined as all working papers and such other

information and materials as may have been accumulated by the Contractor in performing the Contract

including but not limited to documents data plans books computations drawings specifications notes

reports records estimates summaries and correspondence kept or stored in any form

(i) Confidential Information Confidential Information shall mean any name number or other information

that may be used alone or in conjunction with any other information to identify a specific individual

including but not limited to such individuals name date of birth mothers maiden name motor vehicle

operators license number Social Security number employee identification number employer or taxpayer

identification number alien registration number government passport number health insurance

identification number demand deposit account number savings account number credit card number debit

card number or unique biometric data such as fingerprint voice print retina or iris image or other unique

physical representation Without limiting the foregoing Confidential Information shall also include any

information that the Department classifies as ldquoconfidentialrdquo or ldquorestrictedrdquo Confidential Information shall

not include information that may be lawfully obtained from publicly available sources or from federal state

or local government records which are lawfully made available to the general public

(j) Confidential Information Breach Confidential Information Breach shall mean generally an instance

where an unauthorized person or entity accesses Confidential Information in any manner including but not

limited to the following occurrences (1) any Confidential Information that is not encrypted or protected is

misplaced lost stolen or in any way compromised (2) one or more third parties have had access to or taken

control or possession of any Confidential Information that is not encrypted or protected without prior written

authorization from the State (3) the unauthorized acquisition of encrypted or protected Confidential

Information together with the confidential process or key that is capable of compromising the integrity of the

Confidential Information or (4) if there is a substantial risk of identity theft or fraud to the client the

Contractor the Department or State

Page 19 of 23

(k) Claim Claim shall mean all actions suits claims demands investigations and proceedings of any kind

open pending or threatened whether mature unmatured contingent known or unknown at law or in equity

in any forum

2 Forum and Choice of Law The parties deem the Contract 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 laws 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

3 Termination

(a) Notwithstanding any provisions in this Contract the Agency 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 The Agency shall notify the Contractor in writing of Termination pursuant

to this section which notice shall specify the effective date of Termination and the extent to which the

Contractor must complete its Performance under the Contract prior to such date

(b) Notwithstanding any provisions in this Contract the Agency through a duly authorized employee may

after making a written determination that the Contractor has breached the Contract Terminate the

Contract in accordance with the provisions in the Breach section of this Contract

(c) The Agency shall send the notice of Termination via certified mail return receipt requested to the

Contractor at the most current address which the Contractor has furnished to the Agency for purposes of

correspondence or by hand delivery Upon receiving the notice from the Agency the Contractor shall

immediately discontinue all services affected in accordance with the notice undertake all commercially

reasonable efforts to mitigate any losses or damages and deliver to the Agency all Records The Records

are deemed to be the property of the Agency and the Contractor shall deliver them to the Agency no later

than thirty (30) days after the Termination of the Contract or fifteen (15) days after the Contractor

receives a written request from the Agency for the Records The Contractor shall deliver those Records

that exist in electronic magnetic or other intangible form in a non-proprietary format such as but not

limited to ASCII or TXT

(d) Upon receipt of a written notice of Termination from the Agency the Contractor shall cease operations

as the Agency directs in the notice and take all actions that are necessary or appropriate or that the

Agency may reasonably direct for the protection and preservation of the Goods and any other property

Except for any work which the Agency directs the Contractor to Perform in the notice prior to the

effective date of Termination and except as otherwise provided in the notice the Contractor shall

terminate or conclude all existing subcontracts and purchase orders and shall not enter into any further

subcontracts purchase orders or commitments

(e) The Agency shall within forty-five (45) days of the effective date of Termination reimburse the

Contractor for its Performance rendered and accepted by the Agency in addition to all actual and

reasonable costs incurred after Termination in completing those portions of the Performance which the

notice required the Contractor to complete However the Contractor is not entitled to receive and the

Agency is not obligated to tender to the Contractor any payments for anticipated or lost profits Upon

request by the Agency the Contractor shall assign to the Agency or any replacement contractor which

the Agency designates all subcontracts purchase orders and other commitments deliver to the Agency

all Records and other information pertaining to its Performance and remove from State premises

whether leased or owned all of Contractorrsquos property equipment waste material and rubbish related to

its Performance all as the Agency may request

(f) For breach or violation of any of the provisions in the section concerning Representations and

Warranties the Agency may Terminate the Contract in accordance with its terms and revoke any

consents to assignments given as if the assignments had never been requested or consented to without

liability to the Contractor or Contractor Parties or any third party

(g) Upon Termination of the Contract all rights and obligations shall be null and void so that no party shall

Page 20 of 23

have any further rights or obligations to any other party except with respect to the sections which survive

Termination All representations warranties agreements and rights of the parties under the Contract

shall survive such Termination to the extent not otherwise limited in the Contract and without each one

of them having to be specifically mentioned in the Contract

(h) Termination of the Contract pursuant to this section shall not be deemed to be a breach of contract by

the Agency

4 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

(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 Contractorrsquos bid proposal 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

(b) The Contractor shall not be responsible for indemnifying or holding the State harmless from any liability

arising due to the negligence of the State or any other person or entity acting under the direct control or

supervision of the State

(c) 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

(d) 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

(e) 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 cause the State to be named as an additional insured

on the policy and shall provide (1) a certificate of insurance (2) the declaration page and (3) the

additional insured endorsement to the policy to the State and the Client Agency all in an electronic format

acceptable to the State prior to the Effective Date of the Contract evidencing that the State is an additional

insured The Contractor shall not begin Performance until the delivery of these three documents to the

Client Agency Contractor shall provide an annual electronic update of the three documents to the Client

Agency and the State on or before each anniversary of the Effective Date during the Contract term State

shall be entitled to recover under the insurance policy even if a body of competent jurisdiction determines

that State is contributorily negligent

(f) This section shall survive the Termination of the Contract and shall not be limited by reason of any

insurance coverage

5 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 and employees

which they 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

6 Protection of Confidential Information Contractor and Contractor Parties at their own expense have a duty to

and shall protect from a Confidential Information Breach any and all Confidential Information which they come

to possess or control wherever and however stored or maintained in a commercially reasonable manner in

accordance with current industry standards

(b) Each Contractor or Contractor Party shall develop implement and maintain a comprehensive data -

security program for the protection of Confidential Information The safeguards contained in such

Page 21 of 23

program shall be consistent with and comply with the safeguards for protection of Confidential

Information and information of a similar character as set forth in all applicable federal and state law

and written policy of the Agency or State concerning the confidentiality of Confidential Information

Such data-security program shall include but not be limited to the following

(1) A security policy for employees related to the storage access and transportation of data containing

Confidential Information

(2) Reasonable restrictions on access to records containing Confidential Information including access

to any locked storage where such records are kept

(3) A process for reviewing policies and security measures at least annually

(4) Creating secure access controls to Confidential Information including but not limited to passwords

and

(5) Encrypting of Confidential Information that is stored on laptops portable devices or being

transmitted electronically

(c) The Contractor and Contractor Parties shall notify the Agency and the Connecticut Office of the Attorney

General as soon as practical but no later than twenty-four (24) hours after they become aware of or

suspect that any Confidential Information which Contractor or Contractor Parties have come to possess

or control has been subject to a Confidential Information Breach If a Confidential Information Breach

has occurred the Contractor shall within three (3) business days after the notification present a credit

monitoring and protection plan to the Commissioner of Administrative Services the Agency and the

Connecticut Office of the Attorney General for review and approval Such credit monitoring or

protection plan shall be made available by the Contractor at its own cost and expense to all individuals

affected by the Confidential Information Breach Such credit monitoring or protection plan shall include

but is not limited to reimbursement for the cost of placing and lifting one (1) security freeze per credit

file pursuant to Connecticut General Statutes sect 36a-701a Such credit monitoring or protection plans

shall be approved by the State in accordance with this Section and shall cover a length of time

commensurate with the circumstances of the Confidential Information Breach The Contractorsrsquo costs

and expenses for the credit monitoring and protection plan shall not be recoverable from the Agency

any State of Connecticut entity or any affected individuals

(d) The Contractor shall incorporate the requirements of this Section in all subcontracts requiring each

Contractor Party to safeguard Confidential Information in the same manner as provided for in this

Section

(e) Nothing in this Section shall supersede in any manner Contractorrsquos or Contractor Partyrsquos obligations

pursuant to HIPAA or the provisions of this Contract concerning the obligations of the Contractor as a

Business Associate of Covered Entity

7 Executive Orders This 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 The Contract may also be subject to Executive Order No 14 of Governor

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

Executive Order No 49 of Governor Dannel P Malloy promulgated May 22 2015 mandating disclosure of

certain gifts to public employees and contributions to certain candidates for office If Executive Order 14 andor

Executive Order 49 are applicable they are deemed to be 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 or DAS shall provide a

copy of these orders to the Contractor

8 State Liability The State of Connecticut shall assume no liability for payment for services under the terms of

this agreement until the contractor is notified that this agreement has been accepted by the contracting agency

and if applicable approved by the Office of Policy and Management (OPM) or the Department of

Administrative Services (DAS) and by the Attorney General of the State of Connecticut

9 Distribution of Materials The Contractor shall obtain written approval from the Commissioner prior to the

distribution or publication of any materials prepared under the terms of this Contract Such approval shall not

be unreasonably withheld

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

approved in writing by the Commissioner at the Commissionerrsquos sole discretion In the event of any

Page 22 of 23

unapproved change in principal project staff the Commissioner may in the Commissionerrsquos sole discretion

terminate this Contract

11 Further Assurances The Parties shall provide such information execute and deliver any instruments and

documents and take such other actions as may be necessary or reasonably requested by the other Party which

are not inconsistent with the provisions of this Contract and which do not involve the vesting of rights or

assumption of obligations other than those provided for in the Contract in order to give full effect to the

Contract and to carry out the intent of the Contract

12 Third Party Participation The Contractor may make sub-awards using either its own competitive selection

process or the values established in the statersquos competitive selection process as outlined in DAS General Letter

71 whichever is more restrictive to conduct any of the tasks in the Scope of Work contained in Appendix A

The Contractor shall advise the Commissioner of the proposed sub-awardee and the amount allocated at least

two (2) weeks prior to the making of such awards The Commissioner reserves the right to disapprove such

awards if they appear to be inconsistent with the program activities to be conducted under this grant As

required by Sec 46a-68j-23 of the Connecticut Regulations of State Agencies the Contractor must make a good

faith effort based upon the availability of minority business enterprises in the labor market area to award a

reasonable proportion of all subcontracts to such enterprises When minority business enterprises are selected

the Contractor shall provide DEEP with a copy of the Affidavit for Certification of Subcontractors as Minority

Business Enterprises (MBE) along with a copy of the purchase order or contract engaging the Subcontractor

The Contractor shall be the sole point of contact concerning the management of the Contract including

performance and payment issues The Contractor is solely and completely responsible for adherence by any

subcontractor to all the applicable provisions of the Contract

13 Americans with Disabilities Act The Contractor shall be and remain in compliance with the Americans with

Disabilities Act of 1990 (ldquoActrdquo) to the extent applicable during the term of the Contract The DEEP may

cancel the Contract if the Contractor fails to comply with the Act

14 Affirmative Action and Sexual Harassment Policies The Contractor agrees to comply with the Departments

Affirmative Action and Sexual Harassment Policies available on DEEPrsquos web site Hard copies of the policy

statements are available upon request at DEEP

15 Breach If either Party breaches the Contract in any respect the non-breaching Party shall provide written

notice of the breach to the breaching Party and afford the breaching Party an opportunity to cure within ten (10)

days from the date that the breaching Party receives the notice In the case of a Contractor breach any other

time period which the Agency sets forth in the notice shall trump the ten (10) days The right to cure period

shall be extended if the non-breaching Party is satisfied that the breaching Party is making a good faith effort

to cure but the nature of the breach is such that it cannot be cured within the right to cure period The notice

may include an effective Contract Termination date if the breach is not cured by the stated date and unless

otherwise modified by the non-breaching Party in writing prior to the Termination date no further action shall

be required of any Party to effect the Termination as of the stated date If the notice does not set forth an

effective Contract Termination date then the non-breaching Party may Terminate the Contract by giving the

breaching Party no less than twenty four (24) hours prior written notice If the Agency believes that the

Contractor has not performed according to the Contract the Agency may withhold payment in whole or in part

pending resolution of the Performance issue provided that the Agency notifies the Contractor in writing prior

to the date that the payment would have been due

16 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

17 The Town Guarantee The Town shall furnish adequate protection from damage for all work and to repair any

damage of any kind for which he or his workmen are responsible to premises or any equipment to his own

work or to the work of the Agency pay for all permits licenses and fees and to give all notices and comply

with all laws ordinances rules and regulations of the city state and federal government

18 Force Majeure The Parties shall not be excused from their obligation to perform in accordance with the

Contract except in the case of Force Majeure events and as otherwise provided for in the Contract A Force

Majeure event materially affects the cost of the Goods or Services or the time schedule for performance and is

outside the control nor caused by the Parties In the case of any such exception the nonperforming Party shall

give immediate written notice to the other explaining the cause and probable duration of any such

Page 23 of 23

nonperformance

19 Entirety of Contract The Contract is the entire agreement between the Parties with respect to its subject matter

and supersedes all prior agreements proposals offers counteroffers and understandings of the Parties whether

written or oral The Contract has been entered into after full investigation neither Party relying upon any

statement or representation by the other unless such statement or representation is specifically embodied in the

Contract

20 Interpretation The Contract contains numerous references to statutes and regulations For purposes of

interpretation conflict resolution and otherwise the content of those statutes and regulations shall govern over

the content of the reference in the Contract to those statutes and regulations

A-1

Attachment A

Scope of Work

Mobile Food and Beverage Concession Services

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

covering each annual period of this contract shall reflect the following limits and shall be submitted

by the Concessionaire to the Department of Energy and Environmental Protection by April 1 of each

year this contract is in effect

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

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

damages arising from the destruction of or damage to property in any one accident or occurrence

In cases where any insurance policy shows an aggregate limit the aggregate shall apply solely to

the concession operation or the aggregate limit shall be not less than $2000000

b 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 from bodily injuries to or death of all persons in any one

accident or occurrence and for all damages arising from the destruction of or damage to property

in any one accident or occurrence In cases where any insurance policy shows an aggregate limit

the aggregate shall apply solely to the concession operation or the aggregate limit shall be not less

than $2000000

c The Concessionaire shall carry Workerrsquos Compensation insurance in accordance with the

requirements of the laws of the State of Connecticut

d Said coveragersquos are to be provided by insurance companies licensed by the State of Connecticut

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

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

2 Commodities and Price List

a The Concessionaire shall be allowed to sell food and beverages as approved in advance by the

Commissioner

b The Concessionaire shall be allowed to sell souvenirs and other outdoor recreation related

merchandise hereinafter referred to collectively as merchandise as approved in advance by the

Commissioner

c By April 1 of each year that this contract is in effect the Concessionaire shall submit for approval

a price list of all foods beverages and merchandise for sale hereinafter referred to collectively as

commodities to the Department of Energy and Environmental Protection Bureau of Outdoor

Recreation Division of State Parks and Public Outreach 79 Elm Street Hartford CT 06106-5127

d Any price increases or additions of commodities are subject to the prior written approval of the

Commissioner

e The Concessionaire shall post a price list of all commodities for sale in full public view while in

operation

f Whenever the park name is used on merchandise the complete park name shall be used

g The Concessionaire warrants that all commodities offered for sale shall not exceed in price nor be

substandard in quality or quantity to like commodities sold in the surrounding community

A-2

3 Sunscreen All concession operations in a park having a designated swimming area shall have

sunscreen with a Sun Protection Factor (SPF) of at least 15 for adults and 45 for children available for

sale to the general public

4 Use of Biodegradable Products To the extent practicable the Concessionaire agrees to use

recyclable and biodegradable products and packaging in all of its operations ie paper products or

products containing recycled contents The Concessionaire agrees to not dispense food or beverages

in close-celled foam-based containers

5 Prohibitions The Concessionaire shall not

a dispense food or beverages in glass containers

b dispense alcoholic beverages

c sell snorkels beach balls rafts or other inflatable or buoyant devices except US Coast Guard

approved personal flotation devices (PFDs)

d permit gratuities to employees of the State of Connecticut

e provide video or pinball games

6 Hours of Operation

a The Concessionaire may operate the Concession daily between 800 am and sunset on any day

that this contract is in effect

b From the Saturday before Memorial Day through July 4th the Concessionaire shall open the

concession on Saturdays Sundays and holidays not later than 1100 am except during inclement

weather and the concession shall remain open at least until three hours before but not later than

sunset

c From July 4th through Labor Day the Concessionaire shall open the concession daily not later than

1100 am except during inclement weather and the concession shall remain open at least until

three hours before but not later than sunset

d Deviations from the above stated schedules are allowable but must receive advanced approval in

writing from the Park and Recreation Supervisor

e When closing due to inclement weather the Concessionaire shall immediately notify the Park and

Recreation Supervisor The Concessionaire shall keep in the concession vehicle at all times a log

of all closures due to inclement weather and it shall be immediately available to the Park and

Recreation Supervisor upon request for inspection

f Within 30 days of closing the concession for the season but in no case later than December 31 of

each calendar year that this contract is in effect the Concessionaire shall submit an Annual

Inclement Weather Closure Report to the Park and Recreation Supervisor

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

the appropriate local health department prior to April 15th of each year this contract is in effect The

Concessionaire is responsible for and shall directly pay for any fees charged for such inspections

8 Health Department Permit The Concessionaire will annually obtain a ldquopermit to sellrdquo from the local

health department and submit a copy of said permit to the DEEP Division of State Parks amp Public

Outreach not later than April 30th of each year this contract is in effect Other Permits The

Concessionaire shall be solely responsible for securing any other licenses permits approvals or

waivers required by any other federal state regional or municipal authority having jurisdiction in the

town(s) in which the Concession is located

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

to state property without the prior written approval of DEEP Any improvements or permanent fixtures

approved by the DEEP and provided by the Concessionaire during the term of this contract shall

immediately become the property of the State of Connecticut

A-3

10 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

11 Refuse Disposal The Concessionaire at its sole expense shall be responsible for the proper disposal

and removal of all recyclables and trash generated by operation of the concession For additional

information see the DEEP website for Managing Waste and Recycling at Special Events and Other

Venues the direct URL address for which is

httpwwwctgovdepcwpviewaspa=2714ampq=434054ampdepNav_GID=1645

12 General Maintenance The Concessionaire shall be responsible for maintaining the Concession area

in a clean sanitary and orderly manner

13 Exclusivity With the exception of vending machines and commodities having prior written approval

for DEEP sanctioned events including but not limited to events authorized by a Special Use License

the Concessionaire shall have the exclusive right to sell commodities within the property named

herein

14 Vending Machines The State of Connecticut Board of Education and Services for the Blind (BESB)

shall have exclusive rights to vending machines on the premises of the concessions and other

authorized areas within the park or forest for the purpose of vending foods and beverages and to collect

receipts there from provided that the number and locations of such vending machines shall receive

prior written approval from a representative of the DEEP

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

contract shall prevent visitors from bringing food to the park and preparing such food for personal

consumption including dispensing such food at no charge to other park visitors Park visitors may

also utilize private catering services with advanced written approval of the Park and Recreation

Supervisor Said catering services may only be permitted with the condition that no financial

transactions occur on DEEP property

16 Concession Staffing The concession shall be staffed only by the Concessionaire or its employee(s)

or other agents identified herein unless otherwise authorized by the Commissioner in writing

17 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

18 Appearance The Concessionaire and its 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

19 Audible Devices The Concessionaire shall activate audible devices (loudspeakers music bells etc)

only in accordance with instructions provided by the Park and Recreation Supervisor Instructions are

subject to change immediately at the discretion of the Park and Recreation Supervisor

20 Concession Location Unless authorized by the Park and Recreation Supervisor to do otherwise the

Concessionaire agrees to

a identify all park-and-sit locations or drive-through routes on a park map

b confine all concession operations to the designated Concession areas

c confine all sales and advertising to the concession vehicle

d provide garbage and recycling receptacles for customer use

21 Food Inspection An authorized representative of the Commissioner may conduct an unannounced

in-season food inspection once per calendar year Upon request the Concessionaire shall provide a

A-4

range of food and beverage items proportionate to one meal to the Commissionerrsquos

representative for food-tasting purposes

22 Financial Reporting Within 30 days of closing the Concession for the season but in no case

later than December 31 of each calendar year that this contract is in effect the Concessionaire

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

Commissioner of the Superior Court to Department of Energy and Environmental Protection

Bureau of Outdoor Recreation Division of State Parks and Public Outreach 79 Elm Street

Hartford CT 06106-5127

23 Revenue DEEP shall have no responsibility for revenue loss directly or indirectly attributable

to DEEP management actions including but not limited to changes in park or campground

schedules or operations or in services provided to the visiting public DEEP shall have no

responsibility for revenue loss directly or indirectly attributable to uncontrollable phenomena

including but not limited to attendance loss weather conditions or other Acts of God

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

Energy and Environmental Protection regarding State Park and Forest Recreation Areas and

with any other department policy concerning the operation of concessions

The parties have hereunto set their hands

SIGNED AND DELIVERED below

STATE OF CONNECTICUT

Department of Energy and Environmental

Protection

CONCESSIONAIRE

BY BY

Date Date

Contract ______________

Acct Fund SID DeptId Prog Project Bud

Ref Amount

Funds available Date

Attorney General (Approved as to Form) Date

Page 4: REQUEST FOR PROPOSALS (RFP) Management, Operation and

Page 4 of 23

and Sample Contract Section 4) in their entirety and without amendment The statement must

be signed by the Proposer

5 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

June 30 2020 RFP Released

July 20 2020 Letter of Intent Due

July 27 2020 Deadline for Questions

August 10 2020 Official Answers Released

September 9 2020 at 400 pm Deadline for Submitting Proposals

September 22 2020 Contractor Selection

September 29 2020 Start of Contract Negotiations

January 1 2021 Start of Contract

6 Instructions for Proposers

A Required Format for Proposals

All proposals must follow the required format below (or use Proposal Submission Form)

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

1) Contractor Information

a) Name of Proposer - Provide the ldquolegalrdquo name of the Proposer 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 Social Security or

FEIN will be required when the contract is drafted

b) Proposerrsquos Representatives The Proposer must 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) Contact Name and Title

(2) Business Location

(3) Mailing Address

(4) Telephone Number

(5) Fax Number

(6) E-mail Address (If Available)

(7) Normal business hours

Page 5 of 23

2) Outline of Work

a) Work Plan

Provide a detailed task-oriented breakdown for each activity in the Outline

of Work Proposers wishing to add activities to those specified in the

Outline of Work must show the additions as separately numbered tasks

b) Methodologies

Describe how each activity (task) will be accomplished providing a

detailed explanation of the procedures or processes that will be used to

attain the expected outcomes

c) Deliverables

List and describe the form and content of each deliverable (outcome)

Include a description of the proposed method of working with the agency

the resources or services requested of the agency (if any) and the proposed

method of receiving agency approval of deliverables

d) Schedule

Include a proposed work schedule by activity indicating when each

activity will be accomplished Identify any significant milestones or

deadlines Include due dates for all deliverables

e) Key Personnel

Identify the key personnel that will be assigned to this project Attach

resumes reflecting their qualifications including related work experience

[Note The Department must be notified in writing and in advance

regarding the departure of any key personnel from the project]

f) Proposed Cost

Include a cost proposal using the required format (below) Proposers must

submit all-inclusive fixed cost based on completion of entire project

Proposer must include both labor and materials in cost

The cost proposal must be prepared on one sheet of 8rdquox11rdquo white paper

The Proposerrsquos contact information must be printed at the top of the

proposal The original cost proposal and six duplicate copies must be placed

in an 8rdquox11rdquo envelope and sealed The Proposerrsquos contact information must

be printed on the envelope

Deliverable Fixed Cost

Task 1 $ xxxxxxx

Task 2 $ xxxxxxx

Task 3 $ xxxxxxx

Page 6 of 23

3) 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

B Minimum Submission Requirements

At a minimum one original (clearly identified as such) and three (3) conforming copies of

each proposal must (1) be signed by the Proposer (2) be submitted before the deadline (3)

follow the required format (4) be complete (5) include the SEEC Form 10 as required

and (6) satisfy the packaging and labeling requirements Proposals that fail to meet these

minimum submission requirements may be disqualified and not reviewed further

C References

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

for each reference name title company address and phone number

D Style Requirements

Proposals must conform to the following requirements (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

20 pages in length including any attachments (5) display the Proposerrsquos name and

Proposal on the header of each page (6) display page numbers at the bottom of each page

and (7) proposals and attachments be copied double sided DEEP requests that paper used

for printing and copying be composed of materials having at least 30 post consumer

content

E Packaging and Labeling Requirements

All proposals must be submitted in sealed envelopes or packages All proposals must be

addressed to the Official Agency Contact and have the RFP prominently displayed on

the envelope The name and address of the Proposer must appear in the upper left hand

corner of the envelope or package Proposals transmitted by facsimile will not be accepted

or reviewed

F Inquiry Procedures

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

July 27 2020 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 The agency will distribute official answers to the questions in the form of a

written amendment not later than August 10 2020 to all Proposers who submitted a letter

of intent 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

Page 7 of 23

G 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

7 Communications Notice

All communications related to this RFP shall be with DEEPrsquos Official Agency Contact All

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

are strictly prohibited except as permitted by this RFP Any violation of this prohibition by

Proposers or their representatives may result in disqualification or other sanctions or both

8 Affidavits Concerning Gifts and Campaign Contributions

Proposers are advised that if selected an affidavit concerning gifts and campaign contributions

will be required to accompany any State contract with a value of $50000 or more in a calendar

or fiscal year The completed form is submitted by the contractor to the awarding State agency

at the time of contract execution The form is also used with a multi-year contract to update the

initial certification on an annual basis For the most current information and to view the

affidavit go to httpwwwctgovopmfinethics_forms

9 Iran Certification

Proposers are advised that no state agency or quasi-public agency shall enter into any large state

contract or amend or renew any such contract with any entity who (1) has failed to submit a

written certification indicating whether or not such entity has made a direct investment of

twenty million dollars or more in the energy sector of Iran on or after October 1 2013 as

described in Section 202 of the Comprehensive Iran Sanctions Accountability and Divestment

Act of 2010 or has increased or renewed such investment on or after said date or (2) has

submitted a written certification indicating that such entity has made such an investment on or

after October 1 2013 or has increased or renewed such an investment on or after said date

Each such certification shall be sworn as true to the best knowledge and belief of the entity

signing the certification subject to the penalties of false statement For the most current

information and to obtain various electronic formats of OPMrsquos Iran Certification Form 7 go to

httpwwwctgovopmfinethics_forms

Iran Certification Form 7 must be submitted for any large state contract as defined in section

4-250 of the Connecticut General Statutes Entities whose principal place of business is located

outside of the United States are required to complete the entire form including the certification

portion of the form United States subsidiaries of foreign corporations are exempt from having

to complete the certification portion of the form Those entities whose principal place of

business is located inside of the United States must also fill out the form but do not have to

complete the certification portion of the form

10 Contract Compliance Requirements

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

Page 8 of 23

(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 Contract Compliance

Monitoring Report 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

Forms are available on the CHRO website The following table will assist in determining which

forms are required

Contract Amount Bidder Contract Compliance

Monitoring Report Required ndash

Affidavit for Certification of

Subcontractors as MBErsquos as applic

Affirmative Action

Plan Required

CHRO Requires

Pre Approval of

Affirmative Action

Plan

$0 - $4000 No No na

Non Public Works Contract

$400001 -

$24999999

Yes No na

$250000 or more Yes Yes No

Public Works Contract

$400001 - $50000 Yes No na

$5000001 - $500000 Yes Yes No

$50000001 or more Yes 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

At the time of contract execution a fully executed non-discrimination certification will also be

required

11 RFP Conditions

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

Page 9 of 23

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

by DEEP

D The Proposer agrees that the proposal will remain valid for a period of 180 days after

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

agreement

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

to be necessary appropriate or otherwise in the best interests of DEEP Failure to

acknowledge 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 DEEP or its designee with the

exception of personnel who have terminated employment Replacements for personnel

who have terminated employment are subject to approval by DEEP or its designee At

its discretion DEEP 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 DEEP

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 DEEP

at the Proposerrsquos sole cost and expense

J 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 DEEP

participated directly in the Proposerrsquos proposal preparation

K All responses to the RFP must conform to instruction Failure to include any required

signatures provide the required number of copies to 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

L The contract will represent the entire agreement between the Proposer and DEEP and

will supersede all prior negotiations representations or agreements alleged or made

between the parties DEEP 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 DEEP and by the AGrsquos Office The contract may

be amended only by means of a written instrument signed by DEEP the Proposer and

the AGrsquos Office

Page 10 of 23

M Contractor shall interact with the United States Coast Guard (USCG) as required to

maintain the designation of the facility as a Public Access Facility including but not

limited to any periodic revalidation process requested by the USCG

12 Rights Reserved to DEEP

The DEEP 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

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

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

its judgment the best interest of DEEP will be served

DEEP 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 DEEP shall not constitute a breach of contract on the part of DEEP since the contract with

the initial Proposer is deemed to be void from the beginning and of no effect as if no contract

ever existed between DEEP and the Proposer

13 Agencyrsquos Standard Contract and Conditions

The Proposer must accept DEEPrsquos standard contract language and conditions See Attachment

for Standard Contract Conditions

14 Park Descriptions

A Location

The Eagle Landing State Park property is located at 19 Bridge Road in Haddam

Connecticut and borders the western riverbank of the Connecticut River

B Access

Eagle Landing State Park can be accessed from the West following Route 9 to Exit 7(Rt

82 E) or from the East following Route 82 over the swing bridge

C Property Existing Conditions

The Eagle Landing property is approximately 16 acres and includes four (4) docks three

parking areas an access road a small outbuilding with a power supply and two butler-

style buildings in the northeastern corner of the property Approximately 20 acres on the

eastern portion of the site is flat and lies within the floodplain of the river It was

previously used as a parking area by the previous owner The parking lots are divided

into several distinct lots and are delineated by guardrails The lots can be gated off when

not in use During the spring thaw the property has had a history of being flooded in

areas for multiple days

The park has 1100 feet+ of frontage along the Connecticut River The Connecticut River

is navigable from Long Island Sound northward to Hartford Much of the Connecticut

River view shed is lined with trees and low-lying vegetation giving the river a

ldquowildernessrdquo feel The Connecticut River is the most popular recreational waterway in

Connecticut supporting thousands of cruising vessels and recreational boats and numerous

marinas It is also a very active commercial waterway with hundreds of barges traveling

Page 11 of 23

on the river supplying the fuel docks and tank farms with oil for the cities and towns in

the CT River Valley

The western portion of the property slopes upward to meet a rail line owned by the State

of Connecticut Department of Energy amp Environmental Protection and maintained and

operated by the Valley Railroad Company The Valley Railroad Company operates the

Essex Steam Train

The concession area is delineated by a yellow dashed line as shown on the attached

concession area map Beginning at the northern portion of the concession area the

following structuresinfrastructure are included in the concession contract One butler-

style building (westernmost butlerndashstyle building) Parking Lot 1 Docks1 and 2 use

of the access road use of small former ticket booth building with available power in the

successful proposerrsquos name and Dock 3

The area located to the south of the concession area is approximately 7+ acres but only 4

acres are developed The undeveloped parcel is proposed to become a public boat ramp

facility and is currently being analyzed for resource and engineering issues Included in

this parcel is Dock 4 and Parking Lots 2 and 3 While this property located to the

south of the concession area will not be part of the bid or agreement for Boat

DockingEducational purposes it will be offered to the successful proposer for use as a

docking facility under a short-term Special Use License This license will expire as soon

as construction on the boat ramp commences

It should be noted that the access road to the Eagle Landing property must be kept open

for access by the private residential properties to the south of Eagle Landing

D Existing Condition of Dock

A few minor repairs would help improve the condition of Docks 1 2 and 3 but all are

functioning and usable in their present condition Dock 4 which is not included in the

concession contract has sustained significant damage is not currently usable and is

considered a safety hazard The Concessionaire or Special Use License Holder would be

responsible to certify that the docks can safely secure the size vessel(s) to be used

throughout the duration of this concession The depth of the water on the river side of

the dock varies from 16 feet to 19 feet There is submerged aquatic vegetation between

the docks and the riverbank that may contain species of concern

Before the commencement of any dock maintenance activity to the 4 docks described

above DEEPrsquos Natural Diversity Data Base (NDDB shall be consulted and DEEPrsquos

Land amp Water Resources Division (LWRD) shall be contacted to determine if a permit is

required for such work

E Adjacent Uses

Northward The northern boundary of Eagle Landing State Park is a private home and

CT State Route 82 There is a fence between the State park and the private property The

Page 12 of 23

East Haddam Swing Bridge spans the Connecticut River just north of Dock 1 (See

Attachment D) Andrews Marina is situated on the north side of Route 82

Southward The southern boundary of Eagle Landing State Park is bounded by a

development of private cottages There is an unpaved road which provides residents of

these cottages access to their homes Vehicles utilizing the Boat Concession or the Boat

Ramp may not park along the shoulders of the road or block it in any way

F ZoningSurrounding Land Use

The Town of Haddam zoned this property as ldquoCommercialrdquo and also ldquoState Park amp

Forestrdquo Commercial Boating activities are permitted in the Commercial Zone Eagle

Landing State Park is bounded on both the north and south by a ldquoLow density

RuralResidential Zonerdquo The town recommends a vegetative buffer between Commercial

uses and Residential areas Overlying the entire parcel is the Federal Emergency

Management Administration (FEMA) 100-year Flood Plain zone FEMA requirements

must be applied to any new development so as not to exacerbate flooding events

G Connecticut River Gateway Commission

Eagle Landing lies within the CT River Gateway Conservation Zone

In 1973 the Connecticut General Assembly passed legislation allowing the establishment

of the Connecticut River Gateway Commission a state-local compact for the protection

of the Lower Connecticut River Valley Then and now this valley is widely recognized

as one of the most important natural recreational and scenic areas of the State of

Connecticut One year later in July 1974 the Commission became operational with the

Connecticut Department of Environmental Protection two regional planning agencies and

all eight eligible towns participating

The Gateway Conservation Zone which is the geographic focus of the Commissions

activities is approximately thirty miles in length and includes those portions of the eight

member towns (Chester Deep River East Haddam Essex Haddam Lyme Old Lyme

Old Saybrook) lying within view of the river In recent years it has become an area of

interest for a number of other environmental organizations as well The Nature

Conservancy has designated the Connecticut River Tidelands as one of its Last Great

Places the Connecticut Department of Energy amp Environmental Protection has obtained

the recognition of the rivers tidelands as internationally significant wetlands under the

terms of the International Ramsar Convention the Secretary of the US Department of

Interior has publicly recognized the lower Connecticut River valley as one of the most

important ecological landscapes in the United States and in 1999 the River was

designated as one of 14 American Heritage Rivers by the President of the United States

The mission of this Commission given to it by the Connecticut General Assembly nearly

two decades ago is to preserve the unique scenic ecological scientific and historic

values of the lower Connecticut River valley for the enjoyment of present and future

generations of Connecticut citizens

Page 13 of 23

Development beyond what has previously been permitted must be reviewed by the

Gateway Commission to ensure that it meets the mission and goals of the Gateway

Commission

H Limitations on the Site

A Hours of Operation Hours of Operation of the Concession shall be limited to Sunrise

until 200AM (0200 Hrs)

B Overnight Parking All vehicles must vacate the property by 200 AM (0200Hrs)

C Alcohol Service will be limited to the vessel No alcohol service shall be allowed on

the docks or in other locations on the property

D Amplified sound (bands DJ etc) with the exception of safety instructions shall

not commence until vessels have departed from the dock and must cease prior to final

docking

E Concession shall not sublet any part of the property unless approved by the

Department of Energy amp Environmental Protection

F No new structures shall be erected and no maintenance shall be done to the existing

docks unless approved in writing by the Commissioner or Designee of the

Department of Energy amp Environmental Protection and all applicable permits have

been obtained

Page 14 of 23

Maps of Site

Page 15 of 23

Page 16 of 23

LETTER OF INTENT TO SUBMIT A PROPOSAL

State of Connecticut

Department of Energy amp Environmental Protection

RFP for Eagle Landing State Park

Return to Tenia Seay

Department of Energy amp Environmental Protection

Bureau of Outdoor Recreation

79 Elm Street

Hartford CT 06106-5127

860-424-3064 (Phone)

860-424-4070 (FAX)

Return Deadline 400 pm July 20 2020

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 17 of 23

STATE OF CONNECTICUT

DEPARTMENT OF ENERGY AND ENVIRONMENTAL PROTECTION

BUREAU OF OUTDOOR RECREATION AND

CONNECTICUT STATE PARK AND FOREST RECREATION AREA

MOBILE FOOD AND BEVERAGE CONCESSION

THIS CONTRACT is made by and between the STATE OF CONNECTICUT acting herein by

the Commissioner of the Department of Energy and Environmental Protection hereinafter referred

to as Commissionerrdquo or DEEP or ldquoStaterdquo and [Insert Concessionaire] of the Town of

Waterbury and the state of Connecticut hereinafter referred to as the Concessionaire or

ldquoContractorrdquo

WITNESSETH

WHEREAS the Commissioner of Energy and Environmental Protection 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 a Mobile Food and Beverage Concession

Service and render services to the public at

[Insert Name of Location]

NOW THEREFORE it is hereby agreed as follows

1 Mobile Food and Beverage Concession Service The Concessionaire agrees to operate a

Mobile Food and Beverage Concession Service at the above noted facility The Concessionaire

is responsible for all work included in this Contract Details regarding the Scope of Work are

included in Attachment A which is attached hereto and is hereby made a part of this contract

2 Duration The Commissioner hereby grants to the Concessionaire the exclusive right to

operate the above Mobile Food and Beverage Concession Service at the location identified for

the period commencing upon contract execution through [insert expiration date] At the

Commissionerrsquos sole discretion this contract may be renewed for up to [Insert number] years

without further competition

3 Payment In consideration of said rights and privileges the Concessionaire agrees to pay a

total of [insert amount] to the State of Connecticut due by [insert date] Payments shall be

made by check draft or money order payable to Treasurer State of Connecticut and

delivered or mailed to the Department of Energy and Environmental Protection Accounts

Receivable 79 Elm Street Hartford Connecticut 06106-5127

4 Nondisclosure Contactor shall not release any information concerning the services provided

pursuant to the Contract 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

Page 18 of 23

STANDARD TERMS AND CONDITIONS (Rev 8302019)

1 Definitions

(a) State The State of Connecticut including the Department of Energy and Environmental Protection and

any office department board council commission institution or other agency of the State

(b) Commissioner The Commissioner of Energy and Environmental Protection or the Commissionerrsquos

designated agent

(c) Parties The Department of Energy and Environmental Protection (DEEP or Agency) and the Contractor

(d) Contractor Parties Contractor Parties shall be defined as a Contractorrsquos members directors officers

shareholders partners managers principal officers representatives agents servants consultants employees

or any one of them or any other person or entity with whom the Contractor is in privity of oral or written

contract and the Contractor intends for such other person or entity to Perform under the Contract in any

capacity To the extent that any Contractor Party is to participate or Perform in any way directly or indirectly

in connection with the Contract any reference in the Contract to the ldquoContractorrdquo shall also be deemed to

include ldquoContractor Partiesrdquo as if such reference had originally specifically included ldquoContractor Partiesrdquo

since it is the Partiesrsquo intent for the terms ldquoContractor Partiesrdquo to be vested with the same respective rights

and obligations as the terms ldquoContractorrdquo

(e) Contract This agreement as of its Effective Date between the Contractor and the State for any or all

goods or services as more particularly described in Appendix A

(f) Execution This contract shall be fully executed when it has been signed by authorized representatives

of the parties and if it is for an amount of Twenty-five thousand dollars ($2500000) or more by the

authorized representative of the state Attorney Generals office

(g) Exhibits All attachments appendices or exhibits referred to in and attached to this Contract are

incorporated in this Contract by such reference and shall be deemed to be a part of it as if they had been fully

set forth in it

(h) Records For the purposes of this Contract records are defined as all working papers and such other

information and materials as may have been accumulated by the Contractor in performing the Contract

including but not limited to documents data plans books computations drawings specifications notes

reports records estimates summaries and correspondence kept or stored in any form

(i) Confidential Information Confidential Information shall mean any name number or other information

that may be used alone or in conjunction with any other information to identify a specific individual

including but not limited to such individuals name date of birth mothers maiden name motor vehicle

operators license number Social Security number employee identification number employer or taxpayer

identification number alien registration number government passport number health insurance

identification number demand deposit account number savings account number credit card number debit

card number or unique biometric data such as fingerprint voice print retina or iris image or other unique

physical representation Without limiting the foregoing Confidential Information shall also include any

information that the Department classifies as ldquoconfidentialrdquo or ldquorestrictedrdquo Confidential Information shall

not include information that may be lawfully obtained from publicly available sources or from federal state

or local government records which are lawfully made available to the general public

(j) Confidential Information Breach Confidential Information Breach shall mean generally an instance

where an unauthorized person or entity accesses Confidential Information in any manner including but not

limited to the following occurrences (1) any Confidential Information that is not encrypted or protected is

misplaced lost stolen or in any way compromised (2) one or more third parties have had access to or taken

control or possession of any Confidential Information that is not encrypted or protected without prior written

authorization from the State (3) the unauthorized acquisition of encrypted or protected Confidential

Information together with the confidential process or key that is capable of compromising the integrity of the

Confidential Information or (4) if there is a substantial risk of identity theft or fraud to the client the

Contractor the Department or State

Page 19 of 23

(k) Claim Claim shall mean all actions suits claims demands investigations and proceedings of any kind

open pending or threatened whether mature unmatured contingent known or unknown at law or in equity

in any forum

2 Forum and Choice of Law The parties deem the Contract 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 laws 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

3 Termination

(a) Notwithstanding any provisions in this Contract the Agency 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 The Agency shall notify the Contractor in writing of Termination pursuant

to this section which notice shall specify the effective date of Termination and the extent to which the

Contractor must complete its Performance under the Contract prior to such date

(b) Notwithstanding any provisions in this Contract the Agency through a duly authorized employee may

after making a written determination that the Contractor has breached the Contract Terminate the

Contract in accordance with the provisions in the Breach section of this Contract

(c) The Agency shall send the notice of Termination via certified mail return receipt requested to the

Contractor at the most current address which the Contractor has furnished to the Agency for purposes of

correspondence or by hand delivery Upon receiving the notice from the Agency the Contractor shall

immediately discontinue all services affected in accordance with the notice undertake all commercially

reasonable efforts to mitigate any losses or damages and deliver to the Agency all Records The Records

are deemed to be the property of the Agency and the Contractor shall deliver them to the Agency no later

than thirty (30) days after the Termination of the Contract or fifteen (15) days after the Contractor

receives a written request from the Agency for the Records The Contractor shall deliver those Records

that exist in electronic magnetic or other intangible form in a non-proprietary format such as but not

limited to ASCII or TXT

(d) Upon receipt of a written notice of Termination from the Agency the Contractor shall cease operations

as the Agency directs in the notice and take all actions that are necessary or appropriate or that the

Agency may reasonably direct for the protection and preservation of the Goods and any other property

Except for any work which the Agency directs the Contractor to Perform in the notice prior to the

effective date of Termination and except as otherwise provided in the notice the Contractor shall

terminate or conclude all existing subcontracts and purchase orders and shall not enter into any further

subcontracts purchase orders or commitments

(e) The Agency shall within forty-five (45) days of the effective date of Termination reimburse the

Contractor for its Performance rendered and accepted by the Agency in addition to all actual and

reasonable costs incurred after Termination in completing those portions of the Performance which the

notice required the Contractor to complete However the Contractor is not entitled to receive and the

Agency is not obligated to tender to the Contractor any payments for anticipated or lost profits Upon

request by the Agency the Contractor shall assign to the Agency or any replacement contractor which

the Agency designates all subcontracts purchase orders and other commitments deliver to the Agency

all Records and other information pertaining to its Performance and remove from State premises

whether leased or owned all of Contractorrsquos property equipment waste material and rubbish related to

its Performance all as the Agency may request

(f) For breach or violation of any of the provisions in the section concerning Representations and

Warranties the Agency may Terminate the Contract in accordance with its terms and revoke any

consents to assignments given as if the assignments had never been requested or consented to without

liability to the Contractor or Contractor Parties or any third party

(g) Upon Termination of the Contract all rights and obligations shall be null and void so that no party shall

Page 20 of 23

have any further rights or obligations to any other party except with respect to the sections which survive

Termination All representations warranties agreements and rights of the parties under the Contract

shall survive such Termination to the extent not otherwise limited in the Contract and without each one

of them having to be specifically mentioned in the Contract

(h) Termination of the Contract pursuant to this section shall not be deemed to be a breach of contract by

the Agency

4 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

(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 Contractorrsquos bid proposal 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

(b) The Contractor shall not be responsible for indemnifying or holding the State harmless from any liability

arising due to the negligence of the State or any other person or entity acting under the direct control or

supervision of the State

(c) 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

(d) 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

(e) 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 cause the State to be named as an additional insured

on the policy and shall provide (1) a certificate of insurance (2) the declaration page and (3) the

additional insured endorsement to the policy to the State and the Client Agency all in an electronic format

acceptable to the State prior to the Effective Date of the Contract evidencing that the State is an additional

insured The Contractor shall not begin Performance until the delivery of these three documents to the

Client Agency Contractor shall provide an annual electronic update of the three documents to the Client

Agency and the State on or before each anniversary of the Effective Date during the Contract term State

shall be entitled to recover under the insurance policy even if a body of competent jurisdiction determines

that State is contributorily negligent

(f) This section shall survive the Termination of the Contract and shall not be limited by reason of any

insurance coverage

5 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 and employees

which they 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

6 Protection of Confidential Information Contractor and Contractor Parties at their own expense have a duty to

and shall protect from a Confidential Information Breach any and all Confidential Information which they come

to possess or control wherever and however stored or maintained in a commercially reasonable manner in

accordance with current industry standards

(b) Each Contractor or Contractor Party shall develop implement and maintain a comprehensive data -

security program for the protection of Confidential Information The safeguards contained in such

Page 21 of 23

program shall be consistent with and comply with the safeguards for protection of Confidential

Information and information of a similar character as set forth in all applicable federal and state law

and written policy of the Agency or State concerning the confidentiality of Confidential Information

Such data-security program shall include but not be limited to the following

(1) A security policy for employees related to the storage access and transportation of data containing

Confidential Information

(2) Reasonable restrictions on access to records containing Confidential Information including access

to any locked storage where such records are kept

(3) A process for reviewing policies and security measures at least annually

(4) Creating secure access controls to Confidential Information including but not limited to passwords

and

(5) Encrypting of Confidential Information that is stored on laptops portable devices or being

transmitted electronically

(c) The Contractor and Contractor Parties shall notify the Agency and the Connecticut Office of the Attorney

General as soon as practical but no later than twenty-four (24) hours after they become aware of or

suspect that any Confidential Information which Contractor or Contractor Parties have come to possess

or control has been subject to a Confidential Information Breach If a Confidential Information Breach

has occurred the Contractor shall within three (3) business days after the notification present a credit

monitoring and protection plan to the Commissioner of Administrative Services the Agency and the

Connecticut Office of the Attorney General for review and approval Such credit monitoring or

protection plan shall be made available by the Contractor at its own cost and expense to all individuals

affected by the Confidential Information Breach Such credit monitoring or protection plan shall include

but is not limited to reimbursement for the cost of placing and lifting one (1) security freeze per credit

file pursuant to Connecticut General Statutes sect 36a-701a Such credit monitoring or protection plans

shall be approved by the State in accordance with this Section and shall cover a length of time

commensurate with the circumstances of the Confidential Information Breach The Contractorsrsquo costs

and expenses for the credit monitoring and protection plan shall not be recoverable from the Agency

any State of Connecticut entity or any affected individuals

(d) The Contractor shall incorporate the requirements of this Section in all subcontracts requiring each

Contractor Party to safeguard Confidential Information in the same manner as provided for in this

Section

(e) Nothing in this Section shall supersede in any manner Contractorrsquos or Contractor Partyrsquos obligations

pursuant to HIPAA or the provisions of this Contract concerning the obligations of the Contractor as a

Business Associate of Covered Entity

7 Executive Orders This 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 The Contract may also be subject to Executive Order No 14 of Governor

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

Executive Order No 49 of Governor Dannel P Malloy promulgated May 22 2015 mandating disclosure of

certain gifts to public employees and contributions to certain candidates for office If Executive Order 14 andor

Executive Order 49 are applicable they are deemed to be 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 or DAS shall provide a

copy of these orders to the Contractor

8 State Liability The State of Connecticut shall assume no liability for payment for services under the terms of

this agreement until the contractor is notified that this agreement has been accepted by the contracting agency

and if applicable approved by the Office of Policy and Management (OPM) or the Department of

Administrative Services (DAS) and by the Attorney General of the State of Connecticut

9 Distribution of Materials The Contractor shall obtain written approval from the Commissioner prior to the

distribution or publication of any materials prepared under the terms of this Contract Such approval shall not

be unreasonably withheld

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

approved in writing by the Commissioner at the Commissionerrsquos sole discretion In the event of any

Page 22 of 23

unapproved change in principal project staff the Commissioner may in the Commissionerrsquos sole discretion

terminate this Contract

11 Further Assurances The Parties shall provide such information execute and deliver any instruments and

documents and take such other actions as may be necessary or reasonably requested by the other Party which

are not inconsistent with the provisions of this Contract and which do not involve the vesting of rights or

assumption of obligations other than those provided for in the Contract in order to give full effect to the

Contract and to carry out the intent of the Contract

12 Third Party Participation The Contractor may make sub-awards using either its own competitive selection

process or the values established in the statersquos competitive selection process as outlined in DAS General Letter

71 whichever is more restrictive to conduct any of the tasks in the Scope of Work contained in Appendix A

The Contractor shall advise the Commissioner of the proposed sub-awardee and the amount allocated at least

two (2) weeks prior to the making of such awards The Commissioner reserves the right to disapprove such

awards if they appear to be inconsistent with the program activities to be conducted under this grant As

required by Sec 46a-68j-23 of the Connecticut Regulations of State Agencies the Contractor must make a good

faith effort based upon the availability of minority business enterprises in the labor market area to award a

reasonable proportion of all subcontracts to such enterprises When minority business enterprises are selected

the Contractor shall provide DEEP with a copy of the Affidavit for Certification of Subcontractors as Minority

Business Enterprises (MBE) along with a copy of the purchase order or contract engaging the Subcontractor

The Contractor shall be the sole point of contact concerning the management of the Contract including

performance and payment issues The Contractor is solely and completely responsible for adherence by any

subcontractor to all the applicable provisions of the Contract

13 Americans with Disabilities Act The Contractor shall be and remain in compliance with the Americans with

Disabilities Act of 1990 (ldquoActrdquo) to the extent applicable during the term of the Contract The DEEP may

cancel the Contract if the Contractor fails to comply with the Act

14 Affirmative Action and Sexual Harassment Policies The Contractor agrees to comply with the Departments

Affirmative Action and Sexual Harassment Policies available on DEEPrsquos web site Hard copies of the policy

statements are available upon request at DEEP

15 Breach If either Party breaches the Contract in any respect the non-breaching Party shall provide written

notice of the breach to the breaching Party and afford the breaching Party an opportunity to cure within ten (10)

days from the date that the breaching Party receives the notice In the case of a Contractor breach any other

time period which the Agency sets forth in the notice shall trump the ten (10) days The right to cure period

shall be extended if the non-breaching Party is satisfied that the breaching Party is making a good faith effort

to cure but the nature of the breach is such that it cannot be cured within the right to cure period The notice

may include an effective Contract Termination date if the breach is not cured by the stated date and unless

otherwise modified by the non-breaching Party in writing prior to the Termination date no further action shall

be required of any Party to effect the Termination as of the stated date If the notice does not set forth an

effective Contract Termination date then the non-breaching Party may Terminate the Contract by giving the

breaching Party no less than twenty four (24) hours prior written notice If the Agency believes that the

Contractor has not performed according to the Contract the Agency may withhold payment in whole or in part

pending resolution of the Performance issue provided that the Agency notifies the Contractor in writing prior

to the date that the payment would have been due

16 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

17 The Town Guarantee The Town shall furnish adequate protection from damage for all work and to repair any

damage of any kind for which he or his workmen are responsible to premises or any equipment to his own

work or to the work of the Agency pay for all permits licenses and fees and to give all notices and comply

with all laws ordinances rules and regulations of the city state and federal government

18 Force Majeure The Parties shall not be excused from their obligation to perform in accordance with the

Contract except in the case of Force Majeure events and as otherwise provided for in the Contract A Force

Majeure event materially affects the cost of the Goods or Services or the time schedule for performance and is

outside the control nor caused by the Parties In the case of any such exception the nonperforming Party shall

give immediate written notice to the other explaining the cause and probable duration of any such

Page 23 of 23

nonperformance

19 Entirety of Contract The Contract is the entire agreement between the Parties with respect to its subject matter

and supersedes all prior agreements proposals offers counteroffers and understandings of the Parties whether

written or oral The Contract has been entered into after full investigation neither Party relying upon any

statement or representation by the other unless such statement or representation is specifically embodied in the

Contract

20 Interpretation The Contract contains numerous references to statutes and regulations For purposes of

interpretation conflict resolution and otherwise the content of those statutes and regulations shall govern over

the content of the reference in the Contract to those statutes and regulations

A-1

Attachment A

Scope of Work

Mobile Food and Beverage Concession Services

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

covering each annual period of this contract shall reflect the following limits and shall be submitted

by the Concessionaire to the Department of Energy and Environmental Protection by April 1 of each

year this contract is in effect

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

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

damages arising from the destruction of or damage to property in any one accident or occurrence

In cases where any insurance policy shows an aggregate limit the aggregate shall apply solely to

the concession operation or the aggregate limit shall be not less than $2000000

b 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 from bodily injuries to or death of all persons in any one

accident or occurrence and for all damages arising from the destruction of or damage to property

in any one accident or occurrence In cases where any insurance policy shows an aggregate limit

the aggregate shall apply solely to the concession operation or the aggregate limit shall be not less

than $2000000

c The Concessionaire shall carry Workerrsquos Compensation insurance in accordance with the

requirements of the laws of the State of Connecticut

d Said coveragersquos are to be provided by insurance companies licensed by the State of Connecticut

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

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

2 Commodities and Price List

a The Concessionaire shall be allowed to sell food and beverages as approved in advance by the

Commissioner

b The Concessionaire shall be allowed to sell souvenirs and other outdoor recreation related

merchandise hereinafter referred to collectively as merchandise as approved in advance by the

Commissioner

c By April 1 of each year that this contract is in effect the Concessionaire shall submit for approval

a price list of all foods beverages and merchandise for sale hereinafter referred to collectively as

commodities to the Department of Energy and Environmental Protection Bureau of Outdoor

Recreation Division of State Parks and Public Outreach 79 Elm Street Hartford CT 06106-5127

d Any price increases or additions of commodities are subject to the prior written approval of the

Commissioner

e The Concessionaire shall post a price list of all commodities for sale in full public view while in

operation

f Whenever the park name is used on merchandise the complete park name shall be used

g The Concessionaire warrants that all commodities offered for sale shall not exceed in price nor be

substandard in quality or quantity to like commodities sold in the surrounding community

A-2

3 Sunscreen All concession operations in a park having a designated swimming area shall have

sunscreen with a Sun Protection Factor (SPF) of at least 15 for adults and 45 for children available for

sale to the general public

4 Use of Biodegradable Products To the extent practicable the Concessionaire agrees to use

recyclable and biodegradable products and packaging in all of its operations ie paper products or

products containing recycled contents The Concessionaire agrees to not dispense food or beverages

in close-celled foam-based containers

5 Prohibitions The Concessionaire shall not

a dispense food or beverages in glass containers

b dispense alcoholic beverages

c sell snorkels beach balls rafts or other inflatable or buoyant devices except US Coast Guard

approved personal flotation devices (PFDs)

d permit gratuities to employees of the State of Connecticut

e provide video or pinball games

6 Hours of Operation

a The Concessionaire may operate the Concession daily between 800 am and sunset on any day

that this contract is in effect

b From the Saturday before Memorial Day through July 4th the Concessionaire shall open the

concession on Saturdays Sundays and holidays not later than 1100 am except during inclement

weather and the concession shall remain open at least until three hours before but not later than

sunset

c From July 4th through Labor Day the Concessionaire shall open the concession daily not later than

1100 am except during inclement weather and the concession shall remain open at least until

three hours before but not later than sunset

d Deviations from the above stated schedules are allowable but must receive advanced approval in

writing from the Park and Recreation Supervisor

e When closing due to inclement weather the Concessionaire shall immediately notify the Park and

Recreation Supervisor The Concessionaire shall keep in the concession vehicle at all times a log

of all closures due to inclement weather and it shall be immediately available to the Park and

Recreation Supervisor upon request for inspection

f Within 30 days of closing the concession for the season but in no case later than December 31 of

each calendar year that this contract is in effect the Concessionaire shall submit an Annual

Inclement Weather Closure Report to the Park and Recreation Supervisor

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

the appropriate local health department prior to April 15th of each year this contract is in effect The

Concessionaire is responsible for and shall directly pay for any fees charged for such inspections

8 Health Department Permit The Concessionaire will annually obtain a ldquopermit to sellrdquo from the local

health department and submit a copy of said permit to the DEEP Division of State Parks amp Public

Outreach not later than April 30th of each year this contract is in effect Other Permits The

Concessionaire shall be solely responsible for securing any other licenses permits approvals or

waivers required by any other federal state regional or municipal authority having jurisdiction in the

town(s) in which the Concession is located

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

to state property without the prior written approval of DEEP Any improvements or permanent fixtures

approved by the DEEP and provided by the Concessionaire during the term of this contract shall

immediately become the property of the State of Connecticut

A-3

10 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

11 Refuse Disposal The Concessionaire at its sole expense shall be responsible for the proper disposal

and removal of all recyclables and trash generated by operation of the concession For additional

information see the DEEP website for Managing Waste and Recycling at Special Events and Other

Venues the direct URL address for which is

httpwwwctgovdepcwpviewaspa=2714ampq=434054ampdepNav_GID=1645

12 General Maintenance The Concessionaire shall be responsible for maintaining the Concession area

in a clean sanitary and orderly manner

13 Exclusivity With the exception of vending machines and commodities having prior written approval

for DEEP sanctioned events including but not limited to events authorized by a Special Use License

the Concessionaire shall have the exclusive right to sell commodities within the property named

herein

14 Vending Machines The State of Connecticut Board of Education and Services for the Blind (BESB)

shall have exclusive rights to vending machines on the premises of the concessions and other

authorized areas within the park or forest for the purpose of vending foods and beverages and to collect

receipts there from provided that the number and locations of such vending machines shall receive

prior written approval from a representative of the DEEP

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

contract shall prevent visitors from bringing food to the park and preparing such food for personal

consumption including dispensing such food at no charge to other park visitors Park visitors may

also utilize private catering services with advanced written approval of the Park and Recreation

Supervisor Said catering services may only be permitted with the condition that no financial

transactions occur on DEEP property

16 Concession Staffing The concession shall be staffed only by the Concessionaire or its employee(s)

or other agents identified herein unless otherwise authorized by the Commissioner in writing

17 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

18 Appearance The Concessionaire and its 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

19 Audible Devices The Concessionaire shall activate audible devices (loudspeakers music bells etc)

only in accordance with instructions provided by the Park and Recreation Supervisor Instructions are

subject to change immediately at the discretion of the Park and Recreation Supervisor

20 Concession Location Unless authorized by the Park and Recreation Supervisor to do otherwise the

Concessionaire agrees to

a identify all park-and-sit locations or drive-through routes on a park map

b confine all concession operations to the designated Concession areas

c confine all sales and advertising to the concession vehicle

d provide garbage and recycling receptacles for customer use

21 Food Inspection An authorized representative of the Commissioner may conduct an unannounced

in-season food inspection once per calendar year Upon request the Concessionaire shall provide a

A-4

range of food and beverage items proportionate to one meal to the Commissionerrsquos

representative for food-tasting purposes

22 Financial Reporting Within 30 days of closing the Concession for the season but in no case

later than December 31 of each calendar year that this contract is in effect the Concessionaire

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

Commissioner of the Superior Court to Department of Energy and Environmental Protection

Bureau of Outdoor Recreation Division of State Parks and Public Outreach 79 Elm Street

Hartford CT 06106-5127

23 Revenue DEEP shall have no responsibility for revenue loss directly or indirectly attributable

to DEEP management actions including but not limited to changes in park or campground

schedules or operations or in services provided to the visiting public DEEP shall have no

responsibility for revenue loss directly or indirectly attributable to uncontrollable phenomena

including but not limited to attendance loss weather conditions or other Acts of God

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

Energy and Environmental Protection regarding State Park and Forest Recreation Areas and

with any other department policy concerning the operation of concessions

The parties have hereunto set their hands

SIGNED AND DELIVERED below

STATE OF CONNECTICUT

Department of Energy and Environmental

Protection

CONCESSIONAIRE

BY BY

Date Date

Contract ______________

Acct Fund SID DeptId Prog Project Bud

Ref Amount

Funds available Date

Attorney General (Approved as to Form) Date

Page 5: REQUEST FOR PROPOSALS (RFP) Management, Operation and

Page 5 of 23

2) Outline of Work

a) Work Plan

Provide a detailed task-oriented breakdown for each activity in the Outline

of Work Proposers wishing to add activities to those specified in the

Outline of Work must show the additions as separately numbered tasks

b) Methodologies

Describe how each activity (task) will be accomplished providing a

detailed explanation of the procedures or processes that will be used to

attain the expected outcomes

c) Deliverables

List and describe the form and content of each deliverable (outcome)

Include a description of the proposed method of working with the agency

the resources or services requested of the agency (if any) and the proposed

method of receiving agency approval of deliverables

d) Schedule

Include a proposed work schedule by activity indicating when each

activity will be accomplished Identify any significant milestones or

deadlines Include due dates for all deliverables

e) Key Personnel

Identify the key personnel that will be assigned to this project Attach

resumes reflecting their qualifications including related work experience

[Note The Department must be notified in writing and in advance

regarding the departure of any key personnel from the project]

f) Proposed Cost

Include a cost proposal using the required format (below) Proposers must

submit all-inclusive fixed cost based on completion of entire project

Proposer must include both labor and materials in cost

The cost proposal must be prepared on one sheet of 8rdquox11rdquo white paper

The Proposerrsquos contact information must be printed at the top of the

proposal The original cost proposal and six duplicate copies must be placed

in an 8rdquox11rdquo envelope and sealed The Proposerrsquos contact information must

be printed on the envelope

Deliverable Fixed Cost

Task 1 $ xxxxxxx

Task 2 $ xxxxxxx

Task 3 $ xxxxxxx

Page 6 of 23

3) 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

B Minimum Submission Requirements

At a minimum one original (clearly identified as such) and three (3) conforming copies of

each proposal must (1) be signed by the Proposer (2) be submitted before the deadline (3)

follow the required format (4) be complete (5) include the SEEC Form 10 as required

and (6) satisfy the packaging and labeling requirements Proposals that fail to meet these

minimum submission requirements may be disqualified and not reviewed further

C References

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

for each reference name title company address and phone number

D Style Requirements

Proposals must conform to the following requirements (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

20 pages in length including any attachments (5) display the Proposerrsquos name and

Proposal on the header of each page (6) display page numbers at the bottom of each page

and (7) proposals and attachments be copied double sided DEEP requests that paper used

for printing and copying be composed of materials having at least 30 post consumer

content

E Packaging and Labeling Requirements

All proposals must be submitted in sealed envelopes or packages All proposals must be

addressed to the Official Agency Contact and have the RFP prominently displayed on

the envelope The name and address of the Proposer must appear in the upper left hand

corner of the envelope or package Proposals transmitted by facsimile will not be accepted

or reviewed

F Inquiry Procedures

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

July 27 2020 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 The agency will distribute official answers to the questions in the form of a

written amendment not later than August 10 2020 to all Proposers who submitted a letter

of intent 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

Page 7 of 23

G 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

7 Communications Notice

All communications related to this RFP shall be with DEEPrsquos Official Agency Contact All

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

are strictly prohibited except as permitted by this RFP Any violation of this prohibition by

Proposers or their representatives may result in disqualification or other sanctions or both

8 Affidavits Concerning Gifts and Campaign Contributions

Proposers are advised that if selected an affidavit concerning gifts and campaign contributions

will be required to accompany any State contract with a value of $50000 or more in a calendar

or fiscal year The completed form is submitted by the contractor to the awarding State agency

at the time of contract execution The form is also used with a multi-year contract to update the

initial certification on an annual basis For the most current information and to view the

affidavit go to httpwwwctgovopmfinethics_forms

9 Iran Certification

Proposers are advised that no state agency or quasi-public agency shall enter into any large state

contract or amend or renew any such contract with any entity who (1) has failed to submit a

written certification indicating whether or not such entity has made a direct investment of

twenty million dollars or more in the energy sector of Iran on or after October 1 2013 as

described in Section 202 of the Comprehensive Iran Sanctions Accountability and Divestment

Act of 2010 or has increased or renewed such investment on or after said date or (2) has

submitted a written certification indicating that such entity has made such an investment on or

after October 1 2013 or has increased or renewed such an investment on or after said date

Each such certification shall be sworn as true to the best knowledge and belief of the entity

signing the certification subject to the penalties of false statement For the most current

information and to obtain various electronic formats of OPMrsquos Iran Certification Form 7 go to

httpwwwctgovopmfinethics_forms

Iran Certification Form 7 must be submitted for any large state contract as defined in section

4-250 of the Connecticut General Statutes Entities whose principal place of business is located

outside of the United States are required to complete the entire form including the certification

portion of the form United States subsidiaries of foreign corporations are exempt from having

to complete the certification portion of the form Those entities whose principal place of

business is located inside of the United States must also fill out the form but do not have to

complete the certification portion of the form

10 Contract Compliance Requirements

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

Page 8 of 23

(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 Contract Compliance

Monitoring Report 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

Forms are available on the CHRO website The following table will assist in determining which

forms are required

Contract Amount Bidder Contract Compliance

Monitoring Report Required ndash

Affidavit for Certification of

Subcontractors as MBErsquos as applic

Affirmative Action

Plan Required

CHRO Requires

Pre Approval of

Affirmative Action

Plan

$0 - $4000 No No na

Non Public Works Contract

$400001 -

$24999999

Yes No na

$250000 or more Yes Yes No

Public Works Contract

$400001 - $50000 Yes No na

$5000001 - $500000 Yes Yes No

$50000001 or more Yes 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

At the time of contract execution a fully executed non-discrimination certification will also be

required

11 RFP Conditions

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

Page 9 of 23

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

by DEEP

D The Proposer agrees that the proposal will remain valid for a period of 180 days after

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

agreement

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

to be necessary appropriate or otherwise in the best interests of DEEP Failure to

acknowledge 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 DEEP or its designee with the

exception of personnel who have terminated employment Replacements for personnel

who have terminated employment are subject to approval by DEEP or its designee At

its discretion DEEP 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 DEEP

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 DEEP

at the Proposerrsquos sole cost and expense

J 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 DEEP

participated directly in the Proposerrsquos proposal preparation

K All responses to the RFP must conform to instruction Failure to include any required

signatures provide the required number of copies to 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

L The contract will represent the entire agreement between the Proposer and DEEP and

will supersede all prior negotiations representations or agreements alleged or made

between the parties DEEP 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 DEEP and by the AGrsquos Office The contract may

be amended only by means of a written instrument signed by DEEP the Proposer and

the AGrsquos Office

Page 10 of 23

M Contractor shall interact with the United States Coast Guard (USCG) as required to

maintain the designation of the facility as a Public Access Facility including but not

limited to any periodic revalidation process requested by the USCG

12 Rights Reserved to DEEP

The DEEP 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

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

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

its judgment the best interest of DEEP will be served

DEEP 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 DEEP shall not constitute a breach of contract on the part of DEEP since the contract with

the initial Proposer is deemed to be void from the beginning and of no effect as if no contract

ever existed between DEEP and the Proposer

13 Agencyrsquos Standard Contract and Conditions

The Proposer must accept DEEPrsquos standard contract language and conditions See Attachment

for Standard Contract Conditions

14 Park Descriptions

A Location

The Eagle Landing State Park property is located at 19 Bridge Road in Haddam

Connecticut and borders the western riverbank of the Connecticut River

B Access

Eagle Landing State Park can be accessed from the West following Route 9 to Exit 7(Rt

82 E) or from the East following Route 82 over the swing bridge

C Property Existing Conditions

The Eagle Landing property is approximately 16 acres and includes four (4) docks three

parking areas an access road a small outbuilding with a power supply and two butler-

style buildings in the northeastern corner of the property Approximately 20 acres on the

eastern portion of the site is flat and lies within the floodplain of the river It was

previously used as a parking area by the previous owner The parking lots are divided

into several distinct lots and are delineated by guardrails The lots can be gated off when

not in use During the spring thaw the property has had a history of being flooded in

areas for multiple days

The park has 1100 feet+ of frontage along the Connecticut River The Connecticut River

is navigable from Long Island Sound northward to Hartford Much of the Connecticut

River view shed is lined with trees and low-lying vegetation giving the river a

ldquowildernessrdquo feel The Connecticut River is the most popular recreational waterway in

Connecticut supporting thousands of cruising vessels and recreational boats and numerous

marinas It is also a very active commercial waterway with hundreds of barges traveling

Page 11 of 23

on the river supplying the fuel docks and tank farms with oil for the cities and towns in

the CT River Valley

The western portion of the property slopes upward to meet a rail line owned by the State

of Connecticut Department of Energy amp Environmental Protection and maintained and

operated by the Valley Railroad Company The Valley Railroad Company operates the

Essex Steam Train

The concession area is delineated by a yellow dashed line as shown on the attached

concession area map Beginning at the northern portion of the concession area the

following structuresinfrastructure are included in the concession contract One butler-

style building (westernmost butlerndashstyle building) Parking Lot 1 Docks1 and 2 use

of the access road use of small former ticket booth building with available power in the

successful proposerrsquos name and Dock 3

The area located to the south of the concession area is approximately 7+ acres but only 4

acres are developed The undeveloped parcel is proposed to become a public boat ramp

facility and is currently being analyzed for resource and engineering issues Included in

this parcel is Dock 4 and Parking Lots 2 and 3 While this property located to the

south of the concession area will not be part of the bid or agreement for Boat

DockingEducational purposes it will be offered to the successful proposer for use as a

docking facility under a short-term Special Use License This license will expire as soon

as construction on the boat ramp commences

It should be noted that the access road to the Eagle Landing property must be kept open

for access by the private residential properties to the south of Eagle Landing

D Existing Condition of Dock

A few minor repairs would help improve the condition of Docks 1 2 and 3 but all are

functioning and usable in their present condition Dock 4 which is not included in the

concession contract has sustained significant damage is not currently usable and is

considered a safety hazard The Concessionaire or Special Use License Holder would be

responsible to certify that the docks can safely secure the size vessel(s) to be used

throughout the duration of this concession The depth of the water on the river side of

the dock varies from 16 feet to 19 feet There is submerged aquatic vegetation between

the docks and the riverbank that may contain species of concern

Before the commencement of any dock maintenance activity to the 4 docks described

above DEEPrsquos Natural Diversity Data Base (NDDB shall be consulted and DEEPrsquos

Land amp Water Resources Division (LWRD) shall be contacted to determine if a permit is

required for such work

E Adjacent Uses

Northward The northern boundary of Eagle Landing State Park is a private home and

CT State Route 82 There is a fence between the State park and the private property The

Page 12 of 23

East Haddam Swing Bridge spans the Connecticut River just north of Dock 1 (See

Attachment D) Andrews Marina is situated on the north side of Route 82

Southward The southern boundary of Eagle Landing State Park is bounded by a

development of private cottages There is an unpaved road which provides residents of

these cottages access to their homes Vehicles utilizing the Boat Concession or the Boat

Ramp may not park along the shoulders of the road or block it in any way

F ZoningSurrounding Land Use

The Town of Haddam zoned this property as ldquoCommercialrdquo and also ldquoState Park amp

Forestrdquo Commercial Boating activities are permitted in the Commercial Zone Eagle

Landing State Park is bounded on both the north and south by a ldquoLow density

RuralResidential Zonerdquo The town recommends a vegetative buffer between Commercial

uses and Residential areas Overlying the entire parcel is the Federal Emergency

Management Administration (FEMA) 100-year Flood Plain zone FEMA requirements

must be applied to any new development so as not to exacerbate flooding events

G Connecticut River Gateway Commission

Eagle Landing lies within the CT River Gateway Conservation Zone

In 1973 the Connecticut General Assembly passed legislation allowing the establishment

of the Connecticut River Gateway Commission a state-local compact for the protection

of the Lower Connecticut River Valley Then and now this valley is widely recognized

as one of the most important natural recreational and scenic areas of the State of

Connecticut One year later in July 1974 the Commission became operational with the

Connecticut Department of Environmental Protection two regional planning agencies and

all eight eligible towns participating

The Gateway Conservation Zone which is the geographic focus of the Commissions

activities is approximately thirty miles in length and includes those portions of the eight

member towns (Chester Deep River East Haddam Essex Haddam Lyme Old Lyme

Old Saybrook) lying within view of the river In recent years it has become an area of

interest for a number of other environmental organizations as well The Nature

Conservancy has designated the Connecticut River Tidelands as one of its Last Great

Places the Connecticut Department of Energy amp Environmental Protection has obtained

the recognition of the rivers tidelands as internationally significant wetlands under the

terms of the International Ramsar Convention the Secretary of the US Department of

Interior has publicly recognized the lower Connecticut River valley as one of the most

important ecological landscapes in the United States and in 1999 the River was

designated as one of 14 American Heritage Rivers by the President of the United States

The mission of this Commission given to it by the Connecticut General Assembly nearly

two decades ago is to preserve the unique scenic ecological scientific and historic

values of the lower Connecticut River valley for the enjoyment of present and future

generations of Connecticut citizens

Page 13 of 23

Development beyond what has previously been permitted must be reviewed by the

Gateway Commission to ensure that it meets the mission and goals of the Gateway

Commission

H Limitations on the Site

A Hours of Operation Hours of Operation of the Concession shall be limited to Sunrise

until 200AM (0200 Hrs)

B Overnight Parking All vehicles must vacate the property by 200 AM (0200Hrs)

C Alcohol Service will be limited to the vessel No alcohol service shall be allowed on

the docks or in other locations on the property

D Amplified sound (bands DJ etc) with the exception of safety instructions shall

not commence until vessels have departed from the dock and must cease prior to final

docking

E Concession shall not sublet any part of the property unless approved by the

Department of Energy amp Environmental Protection

F No new structures shall be erected and no maintenance shall be done to the existing

docks unless approved in writing by the Commissioner or Designee of the

Department of Energy amp Environmental Protection and all applicable permits have

been obtained

Page 14 of 23

Maps of Site

Page 15 of 23

Page 16 of 23

LETTER OF INTENT TO SUBMIT A PROPOSAL

State of Connecticut

Department of Energy amp Environmental Protection

RFP for Eagle Landing State Park

Return to Tenia Seay

Department of Energy amp Environmental Protection

Bureau of Outdoor Recreation

79 Elm Street

Hartford CT 06106-5127

860-424-3064 (Phone)

860-424-4070 (FAX)

Return Deadline 400 pm July 20 2020

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 17 of 23

STATE OF CONNECTICUT

DEPARTMENT OF ENERGY AND ENVIRONMENTAL PROTECTION

BUREAU OF OUTDOOR RECREATION AND

CONNECTICUT STATE PARK AND FOREST RECREATION AREA

MOBILE FOOD AND BEVERAGE CONCESSION

THIS CONTRACT is made by and between the STATE OF CONNECTICUT acting herein by

the Commissioner of the Department of Energy and Environmental Protection hereinafter referred

to as Commissionerrdquo or DEEP or ldquoStaterdquo and [Insert Concessionaire] of the Town of

Waterbury and the state of Connecticut hereinafter referred to as the Concessionaire or

ldquoContractorrdquo

WITNESSETH

WHEREAS the Commissioner of Energy and Environmental Protection 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 a Mobile Food and Beverage Concession

Service and render services to the public at

[Insert Name of Location]

NOW THEREFORE it is hereby agreed as follows

1 Mobile Food and Beverage Concession Service The Concessionaire agrees to operate a

Mobile Food and Beverage Concession Service at the above noted facility The Concessionaire

is responsible for all work included in this Contract Details regarding the Scope of Work are

included in Attachment A which is attached hereto and is hereby made a part of this contract

2 Duration The Commissioner hereby grants to the Concessionaire the exclusive right to

operate the above Mobile Food and Beverage Concession Service at the location identified for

the period commencing upon contract execution through [insert expiration date] At the

Commissionerrsquos sole discretion this contract may be renewed for up to [Insert number] years

without further competition

3 Payment In consideration of said rights and privileges the Concessionaire agrees to pay a

total of [insert amount] to the State of Connecticut due by [insert date] Payments shall be

made by check draft or money order payable to Treasurer State of Connecticut and

delivered or mailed to the Department of Energy and Environmental Protection Accounts

Receivable 79 Elm Street Hartford Connecticut 06106-5127

4 Nondisclosure Contactor shall not release any information concerning the services provided

pursuant to the Contract 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

Page 18 of 23

STANDARD TERMS AND CONDITIONS (Rev 8302019)

1 Definitions

(a) State The State of Connecticut including the Department of Energy and Environmental Protection and

any office department board council commission institution or other agency of the State

(b) Commissioner The Commissioner of Energy and Environmental Protection or the Commissionerrsquos

designated agent

(c) Parties The Department of Energy and Environmental Protection (DEEP or Agency) and the Contractor

(d) Contractor Parties Contractor Parties shall be defined as a Contractorrsquos members directors officers

shareholders partners managers principal officers representatives agents servants consultants employees

or any one of them or any other person or entity with whom the Contractor is in privity of oral or written

contract and the Contractor intends for such other person or entity to Perform under the Contract in any

capacity To the extent that any Contractor Party is to participate or Perform in any way directly or indirectly

in connection with the Contract any reference in the Contract to the ldquoContractorrdquo shall also be deemed to

include ldquoContractor Partiesrdquo as if such reference had originally specifically included ldquoContractor Partiesrdquo

since it is the Partiesrsquo intent for the terms ldquoContractor Partiesrdquo to be vested with the same respective rights

and obligations as the terms ldquoContractorrdquo

(e) Contract This agreement as of its Effective Date between the Contractor and the State for any or all

goods or services as more particularly described in Appendix A

(f) Execution This contract shall be fully executed when it has been signed by authorized representatives

of the parties and if it is for an amount of Twenty-five thousand dollars ($2500000) or more by the

authorized representative of the state Attorney Generals office

(g) Exhibits All attachments appendices or exhibits referred to in and attached to this Contract are

incorporated in this Contract by such reference and shall be deemed to be a part of it as if they had been fully

set forth in it

(h) Records For the purposes of this Contract records are defined as all working papers and such other

information and materials as may have been accumulated by the Contractor in performing the Contract

including but not limited to documents data plans books computations drawings specifications notes

reports records estimates summaries and correspondence kept or stored in any form

(i) Confidential Information Confidential Information shall mean any name number or other information

that may be used alone or in conjunction with any other information to identify a specific individual

including but not limited to such individuals name date of birth mothers maiden name motor vehicle

operators license number Social Security number employee identification number employer or taxpayer

identification number alien registration number government passport number health insurance

identification number demand deposit account number savings account number credit card number debit

card number or unique biometric data such as fingerprint voice print retina or iris image or other unique

physical representation Without limiting the foregoing Confidential Information shall also include any

information that the Department classifies as ldquoconfidentialrdquo or ldquorestrictedrdquo Confidential Information shall

not include information that may be lawfully obtained from publicly available sources or from federal state

or local government records which are lawfully made available to the general public

(j) Confidential Information Breach Confidential Information Breach shall mean generally an instance

where an unauthorized person or entity accesses Confidential Information in any manner including but not

limited to the following occurrences (1) any Confidential Information that is not encrypted or protected is

misplaced lost stolen or in any way compromised (2) one or more third parties have had access to or taken

control or possession of any Confidential Information that is not encrypted or protected without prior written

authorization from the State (3) the unauthorized acquisition of encrypted or protected Confidential

Information together with the confidential process or key that is capable of compromising the integrity of the

Confidential Information or (4) if there is a substantial risk of identity theft or fraud to the client the

Contractor the Department or State

Page 19 of 23

(k) Claim Claim shall mean all actions suits claims demands investigations and proceedings of any kind

open pending or threatened whether mature unmatured contingent known or unknown at law or in equity

in any forum

2 Forum and Choice of Law The parties deem the Contract 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 laws 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

3 Termination

(a) Notwithstanding any provisions in this Contract the Agency 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 The Agency shall notify the Contractor in writing of Termination pursuant

to this section which notice shall specify the effective date of Termination and the extent to which the

Contractor must complete its Performance under the Contract prior to such date

(b) Notwithstanding any provisions in this Contract the Agency through a duly authorized employee may

after making a written determination that the Contractor has breached the Contract Terminate the

Contract in accordance with the provisions in the Breach section of this Contract

(c) The Agency shall send the notice of Termination via certified mail return receipt requested to the

Contractor at the most current address which the Contractor has furnished to the Agency for purposes of

correspondence or by hand delivery Upon receiving the notice from the Agency the Contractor shall

immediately discontinue all services affected in accordance with the notice undertake all commercially

reasonable efforts to mitigate any losses or damages and deliver to the Agency all Records The Records

are deemed to be the property of the Agency and the Contractor shall deliver them to the Agency no later

than thirty (30) days after the Termination of the Contract or fifteen (15) days after the Contractor

receives a written request from the Agency for the Records The Contractor shall deliver those Records

that exist in electronic magnetic or other intangible form in a non-proprietary format such as but not

limited to ASCII or TXT

(d) Upon receipt of a written notice of Termination from the Agency the Contractor shall cease operations

as the Agency directs in the notice and take all actions that are necessary or appropriate or that the

Agency may reasonably direct for the protection and preservation of the Goods and any other property

Except for any work which the Agency directs the Contractor to Perform in the notice prior to the

effective date of Termination and except as otherwise provided in the notice the Contractor shall

terminate or conclude all existing subcontracts and purchase orders and shall not enter into any further

subcontracts purchase orders or commitments

(e) The Agency shall within forty-five (45) days of the effective date of Termination reimburse the

Contractor for its Performance rendered and accepted by the Agency in addition to all actual and

reasonable costs incurred after Termination in completing those portions of the Performance which the

notice required the Contractor to complete However the Contractor is not entitled to receive and the

Agency is not obligated to tender to the Contractor any payments for anticipated or lost profits Upon

request by the Agency the Contractor shall assign to the Agency or any replacement contractor which

the Agency designates all subcontracts purchase orders and other commitments deliver to the Agency

all Records and other information pertaining to its Performance and remove from State premises

whether leased or owned all of Contractorrsquos property equipment waste material and rubbish related to

its Performance all as the Agency may request

(f) For breach or violation of any of the provisions in the section concerning Representations and

Warranties the Agency may Terminate the Contract in accordance with its terms and revoke any

consents to assignments given as if the assignments had never been requested or consented to without

liability to the Contractor or Contractor Parties or any third party

(g) Upon Termination of the Contract all rights and obligations shall be null and void so that no party shall

Page 20 of 23

have any further rights or obligations to any other party except with respect to the sections which survive

Termination All representations warranties agreements and rights of the parties under the Contract

shall survive such Termination to the extent not otherwise limited in the Contract and without each one

of them having to be specifically mentioned in the Contract

(h) Termination of the Contract pursuant to this section shall not be deemed to be a breach of contract by

the Agency

4 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

(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 Contractorrsquos bid proposal 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

(b) The Contractor shall not be responsible for indemnifying or holding the State harmless from any liability

arising due to the negligence of the State or any other person or entity acting under the direct control or

supervision of the State

(c) 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

(d) 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

(e) 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 cause the State to be named as an additional insured

on the policy and shall provide (1) a certificate of insurance (2) the declaration page and (3) the

additional insured endorsement to the policy to the State and the Client Agency all in an electronic format

acceptable to the State prior to the Effective Date of the Contract evidencing that the State is an additional

insured The Contractor shall not begin Performance until the delivery of these three documents to the

Client Agency Contractor shall provide an annual electronic update of the three documents to the Client

Agency and the State on or before each anniversary of the Effective Date during the Contract term State

shall be entitled to recover under the insurance policy even if a body of competent jurisdiction determines

that State is contributorily negligent

(f) This section shall survive the Termination of the Contract and shall not be limited by reason of any

insurance coverage

5 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 and employees

which they 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

6 Protection of Confidential Information Contractor and Contractor Parties at their own expense have a duty to

and shall protect from a Confidential Information Breach any and all Confidential Information which they come

to possess or control wherever and however stored or maintained in a commercially reasonable manner in

accordance with current industry standards

(b) Each Contractor or Contractor Party shall develop implement and maintain a comprehensive data -

security program for the protection of Confidential Information The safeguards contained in such

Page 21 of 23

program shall be consistent with and comply with the safeguards for protection of Confidential

Information and information of a similar character as set forth in all applicable federal and state law

and written policy of the Agency or State concerning the confidentiality of Confidential Information

Such data-security program shall include but not be limited to the following

(1) A security policy for employees related to the storage access and transportation of data containing

Confidential Information

(2) Reasonable restrictions on access to records containing Confidential Information including access

to any locked storage where such records are kept

(3) A process for reviewing policies and security measures at least annually

(4) Creating secure access controls to Confidential Information including but not limited to passwords

and

(5) Encrypting of Confidential Information that is stored on laptops portable devices or being

transmitted electronically

(c) The Contractor and Contractor Parties shall notify the Agency and the Connecticut Office of the Attorney

General as soon as practical but no later than twenty-four (24) hours after they become aware of or

suspect that any Confidential Information which Contractor or Contractor Parties have come to possess

or control has been subject to a Confidential Information Breach If a Confidential Information Breach

has occurred the Contractor shall within three (3) business days after the notification present a credit

monitoring and protection plan to the Commissioner of Administrative Services the Agency and the

Connecticut Office of the Attorney General for review and approval Such credit monitoring or

protection plan shall be made available by the Contractor at its own cost and expense to all individuals

affected by the Confidential Information Breach Such credit monitoring or protection plan shall include

but is not limited to reimbursement for the cost of placing and lifting one (1) security freeze per credit

file pursuant to Connecticut General Statutes sect 36a-701a Such credit monitoring or protection plans

shall be approved by the State in accordance with this Section and shall cover a length of time

commensurate with the circumstances of the Confidential Information Breach The Contractorsrsquo costs

and expenses for the credit monitoring and protection plan shall not be recoverable from the Agency

any State of Connecticut entity or any affected individuals

(d) The Contractor shall incorporate the requirements of this Section in all subcontracts requiring each

Contractor Party to safeguard Confidential Information in the same manner as provided for in this

Section

(e) Nothing in this Section shall supersede in any manner Contractorrsquos or Contractor Partyrsquos obligations

pursuant to HIPAA or the provisions of this Contract concerning the obligations of the Contractor as a

Business Associate of Covered Entity

7 Executive Orders This 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 The Contract may also be subject to Executive Order No 14 of Governor

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

Executive Order No 49 of Governor Dannel P Malloy promulgated May 22 2015 mandating disclosure of

certain gifts to public employees and contributions to certain candidates for office If Executive Order 14 andor

Executive Order 49 are applicable they are deemed to be 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 or DAS shall provide a

copy of these orders to the Contractor

8 State Liability The State of Connecticut shall assume no liability for payment for services under the terms of

this agreement until the contractor is notified that this agreement has been accepted by the contracting agency

and if applicable approved by the Office of Policy and Management (OPM) or the Department of

Administrative Services (DAS) and by the Attorney General of the State of Connecticut

9 Distribution of Materials The Contractor shall obtain written approval from the Commissioner prior to the

distribution or publication of any materials prepared under the terms of this Contract Such approval shall not

be unreasonably withheld

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

approved in writing by the Commissioner at the Commissionerrsquos sole discretion In the event of any

Page 22 of 23

unapproved change in principal project staff the Commissioner may in the Commissionerrsquos sole discretion

terminate this Contract

11 Further Assurances The Parties shall provide such information execute and deliver any instruments and

documents and take such other actions as may be necessary or reasonably requested by the other Party which

are not inconsistent with the provisions of this Contract and which do not involve the vesting of rights or

assumption of obligations other than those provided for in the Contract in order to give full effect to the

Contract and to carry out the intent of the Contract

12 Third Party Participation The Contractor may make sub-awards using either its own competitive selection

process or the values established in the statersquos competitive selection process as outlined in DAS General Letter

71 whichever is more restrictive to conduct any of the tasks in the Scope of Work contained in Appendix A

The Contractor shall advise the Commissioner of the proposed sub-awardee and the amount allocated at least

two (2) weeks prior to the making of such awards The Commissioner reserves the right to disapprove such

awards if they appear to be inconsistent with the program activities to be conducted under this grant As

required by Sec 46a-68j-23 of the Connecticut Regulations of State Agencies the Contractor must make a good

faith effort based upon the availability of minority business enterprises in the labor market area to award a

reasonable proportion of all subcontracts to such enterprises When minority business enterprises are selected

the Contractor shall provide DEEP with a copy of the Affidavit for Certification of Subcontractors as Minority

Business Enterprises (MBE) along with a copy of the purchase order or contract engaging the Subcontractor

The Contractor shall be the sole point of contact concerning the management of the Contract including

performance and payment issues The Contractor is solely and completely responsible for adherence by any

subcontractor to all the applicable provisions of the Contract

13 Americans with Disabilities Act The Contractor shall be and remain in compliance with the Americans with

Disabilities Act of 1990 (ldquoActrdquo) to the extent applicable during the term of the Contract The DEEP may

cancel the Contract if the Contractor fails to comply with the Act

14 Affirmative Action and Sexual Harassment Policies The Contractor agrees to comply with the Departments

Affirmative Action and Sexual Harassment Policies available on DEEPrsquos web site Hard copies of the policy

statements are available upon request at DEEP

15 Breach If either Party breaches the Contract in any respect the non-breaching Party shall provide written

notice of the breach to the breaching Party and afford the breaching Party an opportunity to cure within ten (10)

days from the date that the breaching Party receives the notice In the case of a Contractor breach any other

time period which the Agency sets forth in the notice shall trump the ten (10) days The right to cure period

shall be extended if the non-breaching Party is satisfied that the breaching Party is making a good faith effort

to cure but the nature of the breach is such that it cannot be cured within the right to cure period The notice

may include an effective Contract Termination date if the breach is not cured by the stated date and unless

otherwise modified by the non-breaching Party in writing prior to the Termination date no further action shall

be required of any Party to effect the Termination as of the stated date If the notice does not set forth an

effective Contract Termination date then the non-breaching Party may Terminate the Contract by giving the

breaching Party no less than twenty four (24) hours prior written notice If the Agency believes that the

Contractor has not performed according to the Contract the Agency may withhold payment in whole or in part

pending resolution of the Performance issue provided that the Agency notifies the Contractor in writing prior

to the date that the payment would have been due

16 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

17 The Town Guarantee The Town shall furnish adequate protection from damage for all work and to repair any

damage of any kind for which he or his workmen are responsible to premises or any equipment to his own

work or to the work of the Agency pay for all permits licenses and fees and to give all notices and comply

with all laws ordinances rules and regulations of the city state and federal government

18 Force Majeure The Parties shall not be excused from their obligation to perform in accordance with the

Contract except in the case of Force Majeure events and as otherwise provided for in the Contract A Force

Majeure event materially affects the cost of the Goods or Services or the time schedule for performance and is

outside the control nor caused by the Parties In the case of any such exception the nonperforming Party shall

give immediate written notice to the other explaining the cause and probable duration of any such

Page 23 of 23

nonperformance

19 Entirety of Contract The Contract is the entire agreement between the Parties with respect to its subject matter

and supersedes all prior agreements proposals offers counteroffers and understandings of the Parties whether

written or oral The Contract has been entered into after full investigation neither Party relying upon any

statement or representation by the other unless such statement or representation is specifically embodied in the

Contract

20 Interpretation The Contract contains numerous references to statutes and regulations For purposes of

interpretation conflict resolution and otherwise the content of those statutes and regulations shall govern over

the content of the reference in the Contract to those statutes and regulations

A-1

Attachment A

Scope of Work

Mobile Food and Beverage Concession Services

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

covering each annual period of this contract shall reflect the following limits and shall be submitted

by the Concessionaire to the Department of Energy and Environmental Protection by April 1 of each

year this contract is in effect

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

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

damages arising from the destruction of or damage to property in any one accident or occurrence

In cases where any insurance policy shows an aggregate limit the aggregate shall apply solely to

the concession operation or the aggregate limit shall be not less than $2000000

b 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 from bodily injuries to or death of all persons in any one

accident or occurrence and for all damages arising from the destruction of or damage to property

in any one accident or occurrence In cases where any insurance policy shows an aggregate limit

the aggregate shall apply solely to the concession operation or the aggregate limit shall be not less

than $2000000

c The Concessionaire shall carry Workerrsquos Compensation insurance in accordance with the

requirements of the laws of the State of Connecticut

d Said coveragersquos are to be provided by insurance companies licensed by the State of Connecticut

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

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

2 Commodities and Price List

a The Concessionaire shall be allowed to sell food and beverages as approved in advance by the

Commissioner

b The Concessionaire shall be allowed to sell souvenirs and other outdoor recreation related

merchandise hereinafter referred to collectively as merchandise as approved in advance by the

Commissioner

c By April 1 of each year that this contract is in effect the Concessionaire shall submit for approval

a price list of all foods beverages and merchandise for sale hereinafter referred to collectively as

commodities to the Department of Energy and Environmental Protection Bureau of Outdoor

Recreation Division of State Parks and Public Outreach 79 Elm Street Hartford CT 06106-5127

d Any price increases or additions of commodities are subject to the prior written approval of the

Commissioner

e The Concessionaire shall post a price list of all commodities for sale in full public view while in

operation

f Whenever the park name is used on merchandise the complete park name shall be used

g The Concessionaire warrants that all commodities offered for sale shall not exceed in price nor be

substandard in quality or quantity to like commodities sold in the surrounding community

A-2

3 Sunscreen All concession operations in a park having a designated swimming area shall have

sunscreen with a Sun Protection Factor (SPF) of at least 15 for adults and 45 for children available for

sale to the general public

4 Use of Biodegradable Products To the extent practicable the Concessionaire agrees to use

recyclable and biodegradable products and packaging in all of its operations ie paper products or

products containing recycled contents The Concessionaire agrees to not dispense food or beverages

in close-celled foam-based containers

5 Prohibitions The Concessionaire shall not

a dispense food or beverages in glass containers

b dispense alcoholic beverages

c sell snorkels beach balls rafts or other inflatable or buoyant devices except US Coast Guard

approved personal flotation devices (PFDs)

d permit gratuities to employees of the State of Connecticut

e provide video or pinball games

6 Hours of Operation

a The Concessionaire may operate the Concession daily between 800 am and sunset on any day

that this contract is in effect

b From the Saturday before Memorial Day through July 4th the Concessionaire shall open the

concession on Saturdays Sundays and holidays not later than 1100 am except during inclement

weather and the concession shall remain open at least until three hours before but not later than

sunset

c From July 4th through Labor Day the Concessionaire shall open the concession daily not later than

1100 am except during inclement weather and the concession shall remain open at least until

three hours before but not later than sunset

d Deviations from the above stated schedules are allowable but must receive advanced approval in

writing from the Park and Recreation Supervisor

e When closing due to inclement weather the Concessionaire shall immediately notify the Park and

Recreation Supervisor The Concessionaire shall keep in the concession vehicle at all times a log

of all closures due to inclement weather and it shall be immediately available to the Park and

Recreation Supervisor upon request for inspection

f Within 30 days of closing the concession for the season but in no case later than December 31 of

each calendar year that this contract is in effect the Concessionaire shall submit an Annual

Inclement Weather Closure Report to the Park and Recreation Supervisor

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

the appropriate local health department prior to April 15th of each year this contract is in effect The

Concessionaire is responsible for and shall directly pay for any fees charged for such inspections

8 Health Department Permit The Concessionaire will annually obtain a ldquopermit to sellrdquo from the local

health department and submit a copy of said permit to the DEEP Division of State Parks amp Public

Outreach not later than April 30th of each year this contract is in effect Other Permits The

Concessionaire shall be solely responsible for securing any other licenses permits approvals or

waivers required by any other federal state regional or municipal authority having jurisdiction in the

town(s) in which the Concession is located

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

to state property without the prior written approval of DEEP Any improvements or permanent fixtures

approved by the DEEP and provided by the Concessionaire during the term of this contract shall

immediately become the property of the State of Connecticut

A-3

10 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

11 Refuse Disposal The Concessionaire at its sole expense shall be responsible for the proper disposal

and removal of all recyclables and trash generated by operation of the concession For additional

information see the DEEP website for Managing Waste and Recycling at Special Events and Other

Venues the direct URL address for which is

httpwwwctgovdepcwpviewaspa=2714ampq=434054ampdepNav_GID=1645

12 General Maintenance The Concessionaire shall be responsible for maintaining the Concession area

in a clean sanitary and orderly manner

13 Exclusivity With the exception of vending machines and commodities having prior written approval

for DEEP sanctioned events including but not limited to events authorized by a Special Use License

the Concessionaire shall have the exclusive right to sell commodities within the property named

herein

14 Vending Machines The State of Connecticut Board of Education and Services for the Blind (BESB)

shall have exclusive rights to vending machines on the premises of the concessions and other

authorized areas within the park or forest for the purpose of vending foods and beverages and to collect

receipts there from provided that the number and locations of such vending machines shall receive

prior written approval from a representative of the DEEP

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

contract shall prevent visitors from bringing food to the park and preparing such food for personal

consumption including dispensing such food at no charge to other park visitors Park visitors may

also utilize private catering services with advanced written approval of the Park and Recreation

Supervisor Said catering services may only be permitted with the condition that no financial

transactions occur on DEEP property

16 Concession Staffing The concession shall be staffed only by the Concessionaire or its employee(s)

or other agents identified herein unless otherwise authorized by the Commissioner in writing

17 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

18 Appearance The Concessionaire and its 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

19 Audible Devices The Concessionaire shall activate audible devices (loudspeakers music bells etc)

only in accordance with instructions provided by the Park and Recreation Supervisor Instructions are

subject to change immediately at the discretion of the Park and Recreation Supervisor

20 Concession Location Unless authorized by the Park and Recreation Supervisor to do otherwise the

Concessionaire agrees to

a identify all park-and-sit locations or drive-through routes on a park map

b confine all concession operations to the designated Concession areas

c confine all sales and advertising to the concession vehicle

d provide garbage and recycling receptacles for customer use

21 Food Inspection An authorized representative of the Commissioner may conduct an unannounced

in-season food inspection once per calendar year Upon request the Concessionaire shall provide a

A-4

range of food and beverage items proportionate to one meal to the Commissionerrsquos

representative for food-tasting purposes

22 Financial Reporting Within 30 days of closing the Concession for the season but in no case

later than December 31 of each calendar year that this contract is in effect the Concessionaire

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

Commissioner of the Superior Court to Department of Energy and Environmental Protection

Bureau of Outdoor Recreation Division of State Parks and Public Outreach 79 Elm Street

Hartford CT 06106-5127

23 Revenue DEEP shall have no responsibility for revenue loss directly or indirectly attributable

to DEEP management actions including but not limited to changes in park or campground

schedules or operations or in services provided to the visiting public DEEP shall have no

responsibility for revenue loss directly or indirectly attributable to uncontrollable phenomena

including but not limited to attendance loss weather conditions or other Acts of God

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

Energy and Environmental Protection regarding State Park and Forest Recreation Areas and

with any other department policy concerning the operation of concessions

The parties have hereunto set their hands

SIGNED AND DELIVERED below

STATE OF CONNECTICUT

Department of Energy and Environmental

Protection

CONCESSIONAIRE

BY BY

Date Date

Contract ______________

Acct Fund SID DeptId Prog Project Bud

Ref Amount

Funds available Date

Attorney General (Approved as to Form) Date

Page 6: REQUEST FOR PROPOSALS (RFP) Management, Operation and

Page 6 of 23

3) 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

B Minimum Submission Requirements

At a minimum one original (clearly identified as such) and three (3) conforming copies of

each proposal must (1) be signed by the Proposer (2) be submitted before the deadline (3)

follow the required format (4) be complete (5) include the SEEC Form 10 as required

and (6) satisfy the packaging and labeling requirements Proposals that fail to meet these

minimum submission requirements may be disqualified and not reviewed further

C References

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

for each reference name title company address and phone number

D Style Requirements

Proposals must conform to the following requirements (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

20 pages in length including any attachments (5) display the Proposerrsquos name and

Proposal on the header of each page (6) display page numbers at the bottom of each page

and (7) proposals and attachments be copied double sided DEEP requests that paper used

for printing and copying be composed of materials having at least 30 post consumer

content

E Packaging and Labeling Requirements

All proposals must be submitted in sealed envelopes or packages All proposals must be

addressed to the Official Agency Contact and have the RFP prominently displayed on

the envelope The name and address of the Proposer must appear in the upper left hand

corner of the envelope or package Proposals transmitted by facsimile will not be accepted

or reviewed

F Inquiry Procedures

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

July 27 2020 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 The agency will distribute official answers to the questions in the form of a

written amendment not later than August 10 2020 to all Proposers who submitted a letter

of intent 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

Page 7 of 23

G 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

7 Communications Notice

All communications related to this RFP shall be with DEEPrsquos Official Agency Contact All

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

are strictly prohibited except as permitted by this RFP Any violation of this prohibition by

Proposers or their representatives may result in disqualification or other sanctions or both

8 Affidavits Concerning Gifts and Campaign Contributions

Proposers are advised that if selected an affidavit concerning gifts and campaign contributions

will be required to accompany any State contract with a value of $50000 or more in a calendar

or fiscal year The completed form is submitted by the contractor to the awarding State agency

at the time of contract execution The form is also used with a multi-year contract to update the

initial certification on an annual basis For the most current information and to view the

affidavit go to httpwwwctgovopmfinethics_forms

9 Iran Certification

Proposers are advised that no state agency or quasi-public agency shall enter into any large state

contract or amend or renew any such contract with any entity who (1) has failed to submit a

written certification indicating whether or not such entity has made a direct investment of

twenty million dollars or more in the energy sector of Iran on or after October 1 2013 as

described in Section 202 of the Comprehensive Iran Sanctions Accountability and Divestment

Act of 2010 or has increased or renewed such investment on or after said date or (2) has

submitted a written certification indicating that such entity has made such an investment on or

after October 1 2013 or has increased or renewed such an investment on or after said date

Each such certification shall be sworn as true to the best knowledge and belief of the entity

signing the certification subject to the penalties of false statement For the most current

information and to obtain various electronic formats of OPMrsquos Iran Certification Form 7 go to

httpwwwctgovopmfinethics_forms

Iran Certification Form 7 must be submitted for any large state contract as defined in section

4-250 of the Connecticut General Statutes Entities whose principal place of business is located

outside of the United States are required to complete the entire form including the certification

portion of the form United States subsidiaries of foreign corporations are exempt from having

to complete the certification portion of the form Those entities whose principal place of

business is located inside of the United States must also fill out the form but do not have to

complete the certification portion of the form

10 Contract Compliance Requirements

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

Page 8 of 23

(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 Contract Compliance

Monitoring Report 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

Forms are available on the CHRO website The following table will assist in determining which

forms are required

Contract Amount Bidder Contract Compliance

Monitoring Report Required ndash

Affidavit for Certification of

Subcontractors as MBErsquos as applic

Affirmative Action

Plan Required

CHRO Requires

Pre Approval of

Affirmative Action

Plan

$0 - $4000 No No na

Non Public Works Contract

$400001 -

$24999999

Yes No na

$250000 or more Yes Yes No

Public Works Contract

$400001 - $50000 Yes No na

$5000001 - $500000 Yes Yes No

$50000001 or more Yes 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

At the time of contract execution a fully executed non-discrimination certification will also be

required

11 RFP Conditions

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

Page 9 of 23

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

by DEEP

D The Proposer agrees that the proposal will remain valid for a period of 180 days after

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

agreement

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

to be necessary appropriate or otherwise in the best interests of DEEP Failure to

acknowledge 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 DEEP or its designee with the

exception of personnel who have terminated employment Replacements for personnel

who have terminated employment are subject to approval by DEEP or its designee At

its discretion DEEP 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 DEEP

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 DEEP

at the Proposerrsquos sole cost and expense

J 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 DEEP

participated directly in the Proposerrsquos proposal preparation

K All responses to the RFP must conform to instruction Failure to include any required

signatures provide the required number of copies to 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

L The contract will represent the entire agreement between the Proposer and DEEP and

will supersede all prior negotiations representations or agreements alleged or made

between the parties DEEP 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 DEEP and by the AGrsquos Office The contract may

be amended only by means of a written instrument signed by DEEP the Proposer and

the AGrsquos Office

Page 10 of 23

M Contractor shall interact with the United States Coast Guard (USCG) as required to

maintain the designation of the facility as a Public Access Facility including but not

limited to any periodic revalidation process requested by the USCG

12 Rights Reserved to DEEP

The DEEP 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

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

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

its judgment the best interest of DEEP will be served

DEEP 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 DEEP shall not constitute a breach of contract on the part of DEEP since the contract with

the initial Proposer is deemed to be void from the beginning and of no effect as if no contract

ever existed between DEEP and the Proposer

13 Agencyrsquos Standard Contract and Conditions

The Proposer must accept DEEPrsquos standard contract language and conditions See Attachment

for Standard Contract Conditions

14 Park Descriptions

A Location

The Eagle Landing State Park property is located at 19 Bridge Road in Haddam

Connecticut and borders the western riverbank of the Connecticut River

B Access

Eagle Landing State Park can be accessed from the West following Route 9 to Exit 7(Rt

82 E) or from the East following Route 82 over the swing bridge

C Property Existing Conditions

The Eagle Landing property is approximately 16 acres and includes four (4) docks three

parking areas an access road a small outbuilding with a power supply and two butler-

style buildings in the northeastern corner of the property Approximately 20 acres on the

eastern portion of the site is flat and lies within the floodplain of the river It was

previously used as a parking area by the previous owner The parking lots are divided

into several distinct lots and are delineated by guardrails The lots can be gated off when

not in use During the spring thaw the property has had a history of being flooded in

areas for multiple days

The park has 1100 feet+ of frontage along the Connecticut River The Connecticut River

is navigable from Long Island Sound northward to Hartford Much of the Connecticut

River view shed is lined with trees and low-lying vegetation giving the river a

ldquowildernessrdquo feel The Connecticut River is the most popular recreational waterway in

Connecticut supporting thousands of cruising vessels and recreational boats and numerous

marinas It is also a very active commercial waterway with hundreds of barges traveling

Page 11 of 23

on the river supplying the fuel docks and tank farms with oil for the cities and towns in

the CT River Valley

The western portion of the property slopes upward to meet a rail line owned by the State

of Connecticut Department of Energy amp Environmental Protection and maintained and

operated by the Valley Railroad Company The Valley Railroad Company operates the

Essex Steam Train

The concession area is delineated by a yellow dashed line as shown on the attached

concession area map Beginning at the northern portion of the concession area the

following structuresinfrastructure are included in the concession contract One butler-

style building (westernmost butlerndashstyle building) Parking Lot 1 Docks1 and 2 use

of the access road use of small former ticket booth building with available power in the

successful proposerrsquos name and Dock 3

The area located to the south of the concession area is approximately 7+ acres but only 4

acres are developed The undeveloped parcel is proposed to become a public boat ramp

facility and is currently being analyzed for resource and engineering issues Included in

this parcel is Dock 4 and Parking Lots 2 and 3 While this property located to the

south of the concession area will not be part of the bid or agreement for Boat

DockingEducational purposes it will be offered to the successful proposer for use as a

docking facility under a short-term Special Use License This license will expire as soon

as construction on the boat ramp commences

It should be noted that the access road to the Eagle Landing property must be kept open

for access by the private residential properties to the south of Eagle Landing

D Existing Condition of Dock

A few minor repairs would help improve the condition of Docks 1 2 and 3 but all are

functioning and usable in their present condition Dock 4 which is not included in the

concession contract has sustained significant damage is not currently usable and is

considered a safety hazard The Concessionaire or Special Use License Holder would be

responsible to certify that the docks can safely secure the size vessel(s) to be used

throughout the duration of this concession The depth of the water on the river side of

the dock varies from 16 feet to 19 feet There is submerged aquatic vegetation between

the docks and the riverbank that may contain species of concern

Before the commencement of any dock maintenance activity to the 4 docks described

above DEEPrsquos Natural Diversity Data Base (NDDB shall be consulted and DEEPrsquos

Land amp Water Resources Division (LWRD) shall be contacted to determine if a permit is

required for such work

E Adjacent Uses

Northward The northern boundary of Eagle Landing State Park is a private home and

CT State Route 82 There is a fence between the State park and the private property The

Page 12 of 23

East Haddam Swing Bridge spans the Connecticut River just north of Dock 1 (See

Attachment D) Andrews Marina is situated on the north side of Route 82

Southward The southern boundary of Eagle Landing State Park is bounded by a

development of private cottages There is an unpaved road which provides residents of

these cottages access to their homes Vehicles utilizing the Boat Concession or the Boat

Ramp may not park along the shoulders of the road or block it in any way

F ZoningSurrounding Land Use

The Town of Haddam zoned this property as ldquoCommercialrdquo and also ldquoState Park amp

Forestrdquo Commercial Boating activities are permitted in the Commercial Zone Eagle

Landing State Park is bounded on both the north and south by a ldquoLow density

RuralResidential Zonerdquo The town recommends a vegetative buffer between Commercial

uses and Residential areas Overlying the entire parcel is the Federal Emergency

Management Administration (FEMA) 100-year Flood Plain zone FEMA requirements

must be applied to any new development so as not to exacerbate flooding events

G Connecticut River Gateway Commission

Eagle Landing lies within the CT River Gateway Conservation Zone

In 1973 the Connecticut General Assembly passed legislation allowing the establishment

of the Connecticut River Gateway Commission a state-local compact for the protection

of the Lower Connecticut River Valley Then and now this valley is widely recognized

as one of the most important natural recreational and scenic areas of the State of

Connecticut One year later in July 1974 the Commission became operational with the

Connecticut Department of Environmental Protection two regional planning agencies and

all eight eligible towns participating

The Gateway Conservation Zone which is the geographic focus of the Commissions

activities is approximately thirty miles in length and includes those portions of the eight

member towns (Chester Deep River East Haddam Essex Haddam Lyme Old Lyme

Old Saybrook) lying within view of the river In recent years it has become an area of

interest for a number of other environmental organizations as well The Nature

Conservancy has designated the Connecticut River Tidelands as one of its Last Great

Places the Connecticut Department of Energy amp Environmental Protection has obtained

the recognition of the rivers tidelands as internationally significant wetlands under the

terms of the International Ramsar Convention the Secretary of the US Department of

Interior has publicly recognized the lower Connecticut River valley as one of the most

important ecological landscapes in the United States and in 1999 the River was

designated as one of 14 American Heritage Rivers by the President of the United States

The mission of this Commission given to it by the Connecticut General Assembly nearly

two decades ago is to preserve the unique scenic ecological scientific and historic

values of the lower Connecticut River valley for the enjoyment of present and future

generations of Connecticut citizens

Page 13 of 23

Development beyond what has previously been permitted must be reviewed by the

Gateway Commission to ensure that it meets the mission and goals of the Gateway

Commission

H Limitations on the Site

A Hours of Operation Hours of Operation of the Concession shall be limited to Sunrise

until 200AM (0200 Hrs)

B Overnight Parking All vehicles must vacate the property by 200 AM (0200Hrs)

C Alcohol Service will be limited to the vessel No alcohol service shall be allowed on

the docks or in other locations on the property

D Amplified sound (bands DJ etc) with the exception of safety instructions shall

not commence until vessels have departed from the dock and must cease prior to final

docking

E Concession shall not sublet any part of the property unless approved by the

Department of Energy amp Environmental Protection

F No new structures shall be erected and no maintenance shall be done to the existing

docks unless approved in writing by the Commissioner or Designee of the

Department of Energy amp Environmental Protection and all applicable permits have

been obtained

Page 14 of 23

Maps of Site

Page 15 of 23

Page 16 of 23

LETTER OF INTENT TO SUBMIT A PROPOSAL

State of Connecticut

Department of Energy amp Environmental Protection

RFP for Eagle Landing State Park

Return to Tenia Seay

Department of Energy amp Environmental Protection

Bureau of Outdoor Recreation

79 Elm Street

Hartford CT 06106-5127

860-424-3064 (Phone)

860-424-4070 (FAX)

Return Deadline 400 pm July 20 2020

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 17 of 23

STATE OF CONNECTICUT

DEPARTMENT OF ENERGY AND ENVIRONMENTAL PROTECTION

BUREAU OF OUTDOOR RECREATION AND

CONNECTICUT STATE PARK AND FOREST RECREATION AREA

MOBILE FOOD AND BEVERAGE CONCESSION

THIS CONTRACT is made by and between the STATE OF CONNECTICUT acting herein by

the Commissioner of the Department of Energy and Environmental Protection hereinafter referred

to as Commissionerrdquo or DEEP or ldquoStaterdquo and [Insert Concessionaire] of the Town of

Waterbury and the state of Connecticut hereinafter referred to as the Concessionaire or

ldquoContractorrdquo

WITNESSETH

WHEREAS the Commissioner of Energy and Environmental Protection 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 a Mobile Food and Beverage Concession

Service and render services to the public at

[Insert Name of Location]

NOW THEREFORE it is hereby agreed as follows

1 Mobile Food and Beverage Concession Service The Concessionaire agrees to operate a

Mobile Food and Beverage Concession Service at the above noted facility The Concessionaire

is responsible for all work included in this Contract Details regarding the Scope of Work are

included in Attachment A which is attached hereto and is hereby made a part of this contract

2 Duration The Commissioner hereby grants to the Concessionaire the exclusive right to

operate the above Mobile Food and Beverage Concession Service at the location identified for

the period commencing upon contract execution through [insert expiration date] At the

Commissionerrsquos sole discretion this contract may be renewed for up to [Insert number] years

without further competition

3 Payment In consideration of said rights and privileges the Concessionaire agrees to pay a

total of [insert amount] to the State of Connecticut due by [insert date] Payments shall be

made by check draft or money order payable to Treasurer State of Connecticut and

delivered or mailed to the Department of Energy and Environmental Protection Accounts

Receivable 79 Elm Street Hartford Connecticut 06106-5127

4 Nondisclosure Contactor shall not release any information concerning the services provided

pursuant to the Contract 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

Page 18 of 23

STANDARD TERMS AND CONDITIONS (Rev 8302019)

1 Definitions

(a) State The State of Connecticut including the Department of Energy and Environmental Protection and

any office department board council commission institution or other agency of the State

(b) Commissioner The Commissioner of Energy and Environmental Protection or the Commissionerrsquos

designated agent

(c) Parties The Department of Energy and Environmental Protection (DEEP or Agency) and the Contractor

(d) Contractor Parties Contractor Parties shall be defined as a Contractorrsquos members directors officers

shareholders partners managers principal officers representatives agents servants consultants employees

or any one of them or any other person or entity with whom the Contractor is in privity of oral or written

contract and the Contractor intends for such other person or entity to Perform under the Contract in any

capacity To the extent that any Contractor Party is to participate or Perform in any way directly or indirectly

in connection with the Contract any reference in the Contract to the ldquoContractorrdquo shall also be deemed to

include ldquoContractor Partiesrdquo as if such reference had originally specifically included ldquoContractor Partiesrdquo

since it is the Partiesrsquo intent for the terms ldquoContractor Partiesrdquo to be vested with the same respective rights

and obligations as the terms ldquoContractorrdquo

(e) Contract This agreement as of its Effective Date between the Contractor and the State for any or all

goods or services as more particularly described in Appendix A

(f) Execution This contract shall be fully executed when it has been signed by authorized representatives

of the parties and if it is for an amount of Twenty-five thousand dollars ($2500000) or more by the

authorized representative of the state Attorney Generals office

(g) Exhibits All attachments appendices or exhibits referred to in and attached to this Contract are

incorporated in this Contract by such reference and shall be deemed to be a part of it as if they had been fully

set forth in it

(h) Records For the purposes of this Contract records are defined as all working papers and such other

information and materials as may have been accumulated by the Contractor in performing the Contract

including but not limited to documents data plans books computations drawings specifications notes

reports records estimates summaries and correspondence kept or stored in any form

(i) Confidential Information Confidential Information shall mean any name number or other information

that may be used alone or in conjunction with any other information to identify a specific individual

including but not limited to such individuals name date of birth mothers maiden name motor vehicle

operators license number Social Security number employee identification number employer or taxpayer

identification number alien registration number government passport number health insurance

identification number demand deposit account number savings account number credit card number debit

card number or unique biometric data such as fingerprint voice print retina or iris image or other unique

physical representation Without limiting the foregoing Confidential Information shall also include any

information that the Department classifies as ldquoconfidentialrdquo or ldquorestrictedrdquo Confidential Information shall

not include information that may be lawfully obtained from publicly available sources or from federal state

or local government records which are lawfully made available to the general public

(j) Confidential Information Breach Confidential Information Breach shall mean generally an instance

where an unauthorized person or entity accesses Confidential Information in any manner including but not

limited to the following occurrences (1) any Confidential Information that is not encrypted or protected is

misplaced lost stolen or in any way compromised (2) one or more third parties have had access to or taken

control or possession of any Confidential Information that is not encrypted or protected without prior written

authorization from the State (3) the unauthorized acquisition of encrypted or protected Confidential

Information together with the confidential process or key that is capable of compromising the integrity of the

Confidential Information or (4) if there is a substantial risk of identity theft or fraud to the client the

Contractor the Department or State

Page 19 of 23

(k) Claim Claim shall mean all actions suits claims demands investigations and proceedings of any kind

open pending or threatened whether mature unmatured contingent known or unknown at law or in equity

in any forum

2 Forum and Choice of Law The parties deem the Contract 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 laws 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

3 Termination

(a) Notwithstanding any provisions in this Contract the Agency 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 The Agency shall notify the Contractor in writing of Termination pursuant

to this section which notice shall specify the effective date of Termination and the extent to which the

Contractor must complete its Performance under the Contract prior to such date

(b) Notwithstanding any provisions in this Contract the Agency through a duly authorized employee may

after making a written determination that the Contractor has breached the Contract Terminate the

Contract in accordance with the provisions in the Breach section of this Contract

(c) The Agency shall send the notice of Termination via certified mail return receipt requested to the

Contractor at the most current address which the Contractor has furnished to the Agency for purposes of

correspondence or by hand delivery Upon receiving the notice from the Agency the Contractor shall

immediately discontinue all services affected in accordance with the notice undertake all commercially

reasonable efforts to mitigate any losses or damages and deliver to the Agency all Records The Records

are deemed to be the property of the Agency and the Contractor shall deliver them to the Agency no later

than thirty (30) days after the Termination of the Contract or fifteen (15) days after the Contractor

receives a written request from the Agency for the Records The Contractor shall deliver those Records

that exist in electronic magnetic or other intangible form in a non-proprietary format such as but not

limited to ASCII or TXT

(d) Upon receipt of a written notice of Termination from the Agency the Contractor shall cease operations

as the Agency directs in the notice and take all actions that are necessary or appropriate or that the

Agency may reasonably direct for the protection and preservation of the Goods and any other property

Except for any work which the Agency directs the Contractor to Perform in the notice prior to the

effective date of Termination and except as otherwise provided in the notice the Contractor shall

terminate or conclude all existing subcontracts and purchase orders and shall not enter into any further

subcontracts purchase orders or commitments

(e) The Agency shall within forty-five (45) days of the effective date of Termination reimburse the

Contractor for its Performance rendered and accepted by the Agency in addition to all actual and

reasonable costs incurred after Termination in completing those portions of the Performance which the

notice required the Contractor to complete However the Contractor is not entitled to receive and the

Agency is not obligated to tender to the Contractor any payments for anticipated or lost profits Upon

request by the Agency the Contractor shall assign to the Agency or any replacement contractor which

the Agency designates all subcontracts purchase orders and other commitments deliver to the Agency

all Records and other information pertaining to its Performance and remove from State premises

whether leased or owned all of Contractorrsquos property equipment waste material and rubbish related to

its Performance all as the Agency may request

(f) For breach or violation of any of the provisions in the section concerning Representations and

Warranties the Agency may Terminate the Contract in accordance with its terms and revoke any

consents to assignments given as if the assignments had never been requested or consented to without

liability to the Contractor or Contractor Parties or any third party

(g) Upon Termination of the Contract all rights and obligations shall be null and void so that no party shall

Page 20 of 23

have any further rights or obligations to any other party except with respect to the sections which survive

Termination All representations warranties agreements and rights of the parties under the Contract

shall survive such Termination to the extent not otherwise limited in the Contract and without each one

of them having to be specifically mentioned in the Contract

(h) Termination of the Contract pursuant to this section shall not be deemed to be a breach of contract by

the Agency

4 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

(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 Contractorrsquos bid proposal 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

(b) The Contractor shall not be responsible for indemnifying or holding the State harmless from any liability

arising due to the negligence of the State or any other person or entity acting under the direct control or

supervision of the State

(c) 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

(d) 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

(e) 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 cause the State to be named as an additional insured

on the policy and shall provide (1) a certificate of insurance (2) the declaration page and (3) the

additional insured endorsement to the policy to the State and the Client Agency all in an electronic format

acceptable to the State prior to the Effective Date of the Contract evidencing that the State is an additional

insured The Contractor shall not begin Performance until the delivery of these three documents to the

Client Agency Contractor shall provide an annual electronic update of the three documents to the Client

Agency and the State on or before each anniversary of the Effective Date during the Contract term State

shall be entitled to recover under the insurance policy even if a body of competent jurisdiction determines

that State is contributorily negligent

(f) This section shall survive the Termination of the Contract and shall not be limited by reason of any

insurance coverage

5 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 and employees

which they 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

6 Protection of Confidential Information Contractor and Contractor Parties at their own expense have a duty to

and shall protect from a Confidential Information Breach any and all Confidential Information which they come

to possess or control wherever and however stored or maintained in a commercially reasonable manner in

accordance with current industry standards

(b) Each Contractor or Contractor Party shall develop implement and maintain a comprehensive data -

security program for the protection of Confidential Information The safeguards contained in such

Page 21 of 23

program shall be consistent with and comply with the safeguards for protection of Confidential

Information and information of a similar character as set forth in all applicable federal and state law

and written policy of the Agency or State concerning the confidentiality of Confidential Information

Such data-security program shall include but not be limited to the following

(1) A security policy for employees related to the storage access and transportation of data containing

Confidential Information

(2) Reasonable restrictions on access to records containing Confidential Information including access

to any locked storage where such records are kept

(3) A process for reviewing policies and security measures at least annually

(4) Creating secure access controls to Confidential Information including but not limited to passwords

and

(5) Encrypting of Confidential Information that is stored on laptops portable devices or being

transmitted electronically

(c) The Contractor and Contractor Parties shall notify the Agency and the Connecticut Office of the Attorney

General as soon as practical but no later than twenty-four (24) hours after they become aware of or

suspect that any Confidential Information which Contractor or Contractor Parties have come to possess

or control has been subject to a Confidential Information Breach If a Confidential Information Breach

has occurred the Contractor shall within three (3) business days after the notification present a credit

monitoring and protection plan to the Commissioner of Administrative Services the Agency and the

Connecticut Office of the Attorney General for review and approval Such credit monitoring or

protection plan shall be made available by the Contractor at its own cost and expense to all individuals

affected by the Confidential Information Breach Such credit monitoring or protection plan shall include

but is not limited to reimbursement for the cost of placing and lifting one (1) security freeze per credit

file pursuant to Connecticut General Statutes sect 36a-701a Such credit monitoring or protection plans

shall be approved by the State in accordance with this Section and shall cover a length of time

commensurate with the circumstances of the Confidential Information Breach The Contractorsrsquo costs

and expenses for the credit monitoring and protection plan shall not be recoverable from the Agency

any State of Connecticut entity or any affected individuals

(d) The Contractor shall incorporate the requirements of this Section in all subcontracts requiring each

Contractor Party to safeguard Confidential Information in the same manner as provided for in this

Section

(e) Nothing in this Section shall supersede in any manner Contractorrsquos or Contractor Partyrsquos obligations

pursuant to HIPAA or the provisions of this Contract concerning the obligations of the Contractor as a

Business Associate of Covered Entity

7 Executive Orders This 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 The Contract may also be subject to Executive Order No 14 of Governor

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

Executive Order No 49 of Governor Dannel P Malloy promulgated May 22 2015 mandating disclosure of

certain gifts to public employees and contributions to certain candidates for office If Executive Order 14 andor

Executive Order 49 are applicable they are deemed to be 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 or DAS shall provide a

copy of these orders to the Contractor

8 State Liability The State of Connecticut shall assume no liability for payment for services under the terms of

this agreement until the contractor is notified that this agreement has been accepted by the contracting agency

and if applicable approved by the Office of Policy and Management (OPM) or the Department of

Administrative Services (DAS) and by the Attorney General of the State of Connecticut

9 Distribution of Materials The Contractor shall obtain written approval from the Commissioner prior to the

distribution or publication of any materials prepared under the terms of this Contract Such approval shall not

be unreasonably withheld

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

approved in writing by the Commissioner at the Commissionerrsquos sole discretion In the event of any

Page 22 of 23

unapproved change in principal project staff the Commissioner may in the Commissionerrsquos sole discretion

terminate this Contract

11 Further Assurances The Parties shall provide such information execute and deliver any instruments and

documents and take such other actions as may be necessary or reasonably requested by the other Party which

are not inconsistent with the provisions of this Contract and which do not involve the vesting of rights or

assumption of obligations other than those provided for in the Contract in order to give full effect to the

Contract and to carry out the intent of the Contract

12 Third Party Participation The Contractor may make sub-awards using either its own competitive selection

process or the values established in the statersquos competitive selection process as outlined in DAS General Letter

71 whichever is more restrictive to conduct any of the tasks in the Scope of Work contained in Appendix A

The Contractor shall advise the Commissioner of the proposed sub-awardee and the amount allocated at least

two (2) weeks prior to the making of such awards The Commissioner reserves the right to disapprove such

awards if they appear to be inconsistent with the program activities to be conducted under this grant As

required by Sec 46a-68j-23 of the Connecticut Regulations of State Agencies the Contractor must make a good

faith effort based upon the availability of minority business enterprises in the labor market area to award a

reasonable proportion of all subcontracts to such enterprises When minority business enterprises are selected

the Contractor shall provide DEEP with a copy of the Affidavit for Certification of Subcontractors as Minority

Business Enterprises (MBE) along with a copy of the purchase order or contract engaging the Subcontractor

The Contractor shall be the sole point of contact concerning the management of the Contract including

performance and payment issues The Contractor is solely and completely responsible for adherence by any

subcontractor to all the applicable provisions of the Contract

13 Americans with Disabilities Act The Contractor shall be and remain in compliance with the Americans with

Disabilities Act of 1990 (ldquoActrdquo) to the extent applicable during the term of the Contract The DEEP may

cancel the Contract if the Contractor fails to comply with the Act

14 Affirmative Action and Sexual Harassment Policies The Contractor agrees to comply with the Departments

Affirmative Action and Sexual Harassment Policies available on DEEPrsquos web site Hard copies of the policy

statements are available upon request at DEEP

15 Breach If either Party breaches the Contract in any respect the non-breaching Party shall provide written

notice of the breach to the breaching Party and afford the breaching Party an opportunity to cure within ten (10)

days from the date that the breaching Party receives the notice In the case of a Contractor breach any other

time period which the Agency sets forth in the notice shall trump the ten (10) days The right to cure period

shall be extended if the non-breaching Party is satisfied that the breaching Party is making a good faith effort

to cure but the nature of the breach is such that it cannot be cured within the right to cure period The notice

may include an effective Contract Termination date if the breach is not cured by the stated date and unless

otherwise modified by the non-breaching Party in writing prior to the Termination date no further action shall

be required of any Party to effect the Termination as of the stated date If the notice does not set forth an

effective Contract Termination date then the non-breaching Party may Terminate the Contract by giving the

breaching Party no less than twenty four (24) hours prior written notice If the Agency believes that the

Contractor has not performed according to the Contract the Agency may withhold payment in whole or in part

pending resolution of the Performance issue provided that the Agency notifies the Contractor in writing prior

to the date that the payment would have been due

16 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

17 The Town Guarantee The Town shall furnish adequate protection from damage for all work and to repair any

damage of any kind for which he or his workmen are responsible to premises or any equipment to his own

work or to the work of the Agency pay for all permits licenses and fees and to give all notices and comply

with all laws ordinances rules and regulations of the city state and federal government

18 Force Majeure The Parties shall not be excused from their obligation to perform in accordance with the

Contract except in the case of Force Majeure events and as otherwise provided for in the Contract A Force

Majeure event materially affects the cost of the Goods or Services or the time schedule for performance and is

outside the control nor caused by the Parties In the case of any such exception the nonperforming Party shall

give immediate written notice to the other explaining the cause and probable duration of any such

Page 23 of 23

nonperformance

19 Entirety of Contract The Contract is the entire agreement between the Parties with respect to its subject matter

and supersedes all prior agreements proposals offers counteroffers and understandings of the Parties whether

written or oral The Contract has been entered into after full investigation neither Party relying upon any

statement or representation by the other unless such statement or representation is specifically embodied in the

Contract

20 Interpretation The Contract contains numerous references to statutes and regulations For purposes of

interpretation conflict resolution and otherwise the content of those statutes and regulations shall govern over

the content of the reference in the Contract to those statutes and regulations

A-1

Attachment A

Scope of Work

Mobile Food and Beverage Concession Services

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

covering each annual period of this contract shall reflect the following limits and shall be submitted

by the Concessionaire to the Department of Energy and Environmental Protection by April 1 of each

year this contract is in effect

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

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

damages arising from the destruction of or damage to property in any one accident or occurrence

In cases where any insurance policy shows an aggregate limit the aggregate shall apply solely to

the concession operation or the aggregate limit shall be not less than $2000000

b 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 from bodily injuries to or death of all persons in any one

accident or occurrence and for all damages arising from the destruction of or damage to property

in any one accident or occurrence In cases where any insurance policy shows an aggregate limit

the aggregate shall apply solely to the concession operation or the aggregate limit shall be not less

than $2000000

c The Concessionaire shall carry Workerrsquos Compensation insurance in accordance with the

requirements of the laws of the State of Connecticut

d Said coveragersquos are to be provided by insurance companies licensed by the State of Connecticut

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

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

2 Commodities and Price List

a The Concessionaire shall be allowed to sell food and beverages as approved in advance by the

Commissioner

b The Concessionaire shall be allowed to sell souvenirs and other outdoor recreation related

merchandise hereinafter referred to collectively as merchandise as approved in advance by the

Commissioner

c By April 1 of each year that this contract is in effect the Concessionaire shall submit for approval

a price list of all foods beverages and merchandise for sale hereinafter referred to collectively as

commodities to the Department of Energy and Environmental Protection Bureau of Outdoor

Recreation Division of State Parks and Public Outreach 79 Elm Street Hartford CT 06106-5127

d Any price increases or additions of commodities are subject to the prior written approval of the

Commissioner

e The Concessionaire shall post a price list of all commodities for sale in full public view while in

operation

f Whenever the park name is used on merchandise the complete park name shall be used

g The Concessionaire warrants that all commodities offered for sale shall not exceed in price nor be

substandard in quality or quantity to like commodities sold in the surrounding community

A-2

3 Sunscreen All concession operations in a park having a designated swimming area shall have

sunscreen with a Sun Protection Factor (SPF) of at least 15 for adults and 45 for children available for

sale to the general public

4 Use of Biodegradable Products To the extent practicable the Concessionaire agrees to use

recyclable and biodegradable products and packaging in all of its operations ie paper products or

products containing recycled contents The Concessionaire agrees to not dispense food or beverages

in close-celled foam-based containers

5 Prohibitions The Concessionaire shall not

a dispense food or beverages in glass containers

b dispense alcoholic beverages

c sell snorkels beach balls rafts or other inflatable or buoyant devices except US Coast Guard

approved personal flotation devices (PFDs)

d permit gratuities to employees of the State of Connecticut

e provide video or pinball games

6 Hours of Operation

a The Concessionaire may operate the Concession daily between 800 am and sunset on any day

that this contract is in effect

b From the Saturday before Memorial Day through July 4th the Concessionaire shall open the

concession on Saturdays Sundays and holidays not later than 1100 am except during inclement

weather and the concession shall remain open at least until three hours before but not later than

sunset

c From July 4th through Labor Day the Concessionaire shall open the concession daily not later than

1100 am except during inclement weather and the concession shall remain open at least until

three hours before but not later than sunset

d Deviations from the above stated schedules are allowable but must receive advanced approval in

writing from the Park and Recreation Supervisor

e When closing due to inclement weather the Concessionaire shall immediately notify the Park and

Recreation Supervisor The Concessionaire shall keep in the concession vehicle at all times a log

of all closures due to inclement weather and it shall be immediately available to the Park and

Recreation Supervisor upon request for inspection

f Within 30 days of closing the concession for the season but in no case later than December 31 of

each calendar year that this contract is in effect the Concessionaire shall submit an Annual

Inclement Weather Closure Report to the Park and Recreation Supervisor

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

the appropriate local health department prior to April 15th of each year this contract is in effect The

Concessionaire is responsible for and shall directly pay for any fees charged for such inspections

8 Health Department Permit The Concessionaire will annually obtain a ldquopermit to sellrdquo from the local

health department and submit a copy of said permit to the DEEP Division of State Parks amp Public

Outreach not later than April 30th of each year this contract is in effect Other Permits The

Concessionaire shall be solely responsible for securing any other licenses permits approvals or

waivers required by any other federal state regional or municipal authority having jurisdiction in the

town(s) in which the Concession is located

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

to state property without the prior written approval of DEEP Any improvements or permanent fixtures

approved by the DEEP and provided by the Concessionaire during the term of this contract shall

immediately become the property of the State of Connecticut

A-3

10 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

11 Refuse Disposal The Concessionaire at its sole expense shall be responsible for the proper disposal

and removal of all recyclables and trash generated by operation of the concession For additional

information see the DEEP website for Managing Waste and Recycling at Special Events and Other

Venues the direct URL address for which is

httpwwwctgovdepcwpviewaspa=2714ampq=434054ampdepNav_GID=1645

12 General Maintenance The Concessionaire shall be responsible for maintaining the Concession area

in a clean sanitary and orderly manner

13 Exclusivity With the exception of vending machines and commodities having prior written approval

for DEEP sanctioned events including but not limited to events authorized by a Special Use License

the Concessionaire shall have the exclusive right to sell commodities within the property named

herein

14 Vending Machines The State of Connecticut Board of Education and Services for the Blind (BESB)

shall have exclusive rights to vending machines on the premises of the concessions and other

authorized areas within the park or forest for the purpose of vending foods and beverages and to collect

receipts there from provided that the number and locations of such vending machines shall receive

prior written approval from a representative of the DEEP

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

contract shall prevent visitors from bringing food to the park and preparing such food for personal

consumption including dispensing such food at no charge to other park visitors Park visitors may

also utilize private catering services with advanced written approval of the Park and Recreation

Supervisor Said catering services may only be permitted with the condition that no financial

transactions occur on DEEP property

16 Concession Staffing The concession shall be staffed only by the Concessionaire or its employee(s)

or other agents identified herein unless otherwise authorized by the Commissioner in writing

17 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

18 Appearance The Concessionaire and its 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

19 Audible Devices The Concessionaire shall activate audible devices (loudspeakers music bells etc)

only in accordance with instructions provided by the Park and Recreation Supervisor Instructions are

subject to change immediately at the discretion of the Park and Recreation Supervisor

20 Concession Location Unless authorized by the Park and Recreation Supervisor to do otherwise the

Concessionaire agrees to

a identify all park-and-sit locations or drive-through routes on a park map

b confine all concession operations to the designated Concession areas

c confine all sales and advertising to the concession vehicle

d provide garbage and recycling receptacles for customer use

21 Food Inspection An authorized representative of the Commissioner may conduct an unannounced

in-season food inspection once per calendar year Upon request the Concessionaire shall provide a

A-4

range of food and beverage items proportionate to one meal to the Commissionerrsquos

representative for food-tasting purposes

22 Financial Reporting Within 30 days of closing the Concession for the season but in no case

later than December 31 of each calendar year that this contract is in effect the Concessionaire

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

Commissioner of the Superior Court to Department of Energy and Environmental Protection

Bureau of Outdoor Recreation Division of State Parks and Public Outreach 79 Elm Street

Hartford CT 06106-5127

23 Revenue DEEP shall have no responsibility for revenue loss directly or indirectly attributable

to DEEP management actions including but not limited to changes in park or campground

schedules or operations or in services provided to the visiting public DEEP shall have no

responsibility for revenue loss directly or indirectly attributable to uncontrollable phenomena

including but not limited to attendance loss weather conditions or other Acts of God

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

Energy and Environmental Protection regarding State Park and Forest Recreation Areas and

with any other department policy concerning the operation of concessions

The parties have hereunto set their hands

SIGNED AND DELIVERED below

STATE OF CONNECTICUT

Department of Energy and Environmental

Protection

CONCESSIONAIRE

BY BY

Date Date

Contract ______________

Acct Fund SID DeptId Prog Project Bud

Ref Amount

Funds available Date

Attorney General (Approved as to Form) Date

Page 7: REQUEST FOR PROPOSALS (RFP) Management, Operation and

Page 7 of 23

G 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

7 Communications Notice

All communications related to this RFP shall be with DEEPrsquos Official Agency Contact All

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

are strictly prohibited except as permitted by this RFP Any violation of this prohibition by

Proposers or their representatives may result in disqualification or other sanctions or both

8 Affidavits Concerning Gifts and Campaign Contributions

Proposers are advised that if selected an affidavit concerning gifts and campaign contributions

will be required to accompany any State contract with a value of $50000 or more in a calendar

or fiscal year The completed form is submitted by the contractor to the awarding State agency

at the time of contract execution The form is also used with a multi-year contract to update the

initial certification on an annual basis For the most current information and to view the

affidavit go to httpwwwctgovopmfinethics_forms

9 Iran Certification

Proposers are advised that no state agency or quasi-public agency shall enter into any large state

contract or amend or renew any such contract with any entity who (1) has failed to submit a

written certification indicating whether or not such entity has made a direct investment of

twenty million dollars or more in the energy sector of Iran on or after October 1 2013 as

described in Section 202 of the Comprehensive Iran Sanctions Accountability and Divestment

Act of 2010 or has increased or renewed such investment on or after said date or (2) has

submitted a written certification indicating that such entity has made such an investment on or

after October 1 2013 or has increased or renewed such an investment on or after said date

Each such certification shall be sworn as true to the best knowledge and belief of the entity

signing the certification subject to the penalties of false statement For the most current

information and to obtain various electronic formats of OPMrsquos Iran Certification Form 7 go to

httpwwwctgovopmfinethics_forms

Iran Certification Form 7 must be submitted for any large state contract as defined in section

4-250 of the Connecticut General Statutes Entities whose principal place of business is located

outside of the United States are required to complete the entire form including the certification

portion of the form United States subsidiaries of foreign corporations are exempt from having

to complete the certification portion of the form Those entities whose principal place of

business is located inside of the United States must also fill out the form but do not have to

complete the certification portion of the form

10 Contract Compliance Requirements

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

Page 8 of 23

(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 Contract Compliance

Monitoring Report 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

Forms are available on the CHRO website The following table will assist in determining which

forms are required

Contract Amount Bidder Contract Compliance

Monitoring Report Required ndash

Affidavit for Certification of

Subcontractors as MBErsquos as applic

Affirmative Action

Plan Required

CHRO Requires

Pre Approval of

Affirmative Action

Plan

$0 - $4000 No No na

Non Public Works Contract

$400001 -

$24999999

Yes No na

$250000 or more Yes Yes No

Public Works Contract

$400001 - $50000 Yes No na

$5000001 - $500000 Yes Yes No

$50000001 or more Yes 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

At the time of contract execution a fully executed non-discrimination certification will also be

required

11 RFP Conditions

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

Page 9 of 23

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

by DEEP

D The Proposer agrees that the proposal will remain valid for a period of 180 days after

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

agreement

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

to be necessary appropriate or otherwise in the best interests of DEEP Failure to

acknowledge 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 DEEP or its designee with the

exception of personnel who have terminated employment Replacements for personnel

who have terminated employment are subject to approval by DEEP or its designee At

its discretion DEEP 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 DEEP

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 DEEP

at the Proposerrsquos sole cost and expense

J 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 DEEP

participated directly in the Proposerrsquos proposal preparation

K All responses to the RFP must conform to instruction Failure to include any required

signatures provide the required number of copies to 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

L The contract will represent the entire agreement between the Proposer and DEEP and

will supersede all prior negotiations representations or agreements alleged or made

between the parties DEEP 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 DEEP and by the AGrsquos Office The contract may

be amended only by means of a written instrument signed by DEEP the Proposer and

the AGrsquos Office

Page 10 of 23

M Contractor shall interact with the United States Coast Guard (USCG) as required to

maintain the designation of the facility as a Public Access Facility including but not

limited to any periodic revalidation process requested by the USCG

12 Rights Reserved to DEEP

The DEEP 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

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

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

its judgment the best interest of DEEP will be served

DEEP 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 DEEP shall not constitute a breach of contract on the part of DEEP since the contract with

the initial Proposer is deemed to be void from the beginning and of no effect as if no contract

ever existed between DEEP and the Proposer

13 Agencyrsquos Standard Contract and Conditions

The Proposer must accept DEEPrsquos standard contract language and conditions See Attachment

for Standard Contract Conditions

14 Park Descriptions

A Location

The Eagle Landing State Park property is located at 19 Bridge Road in Haddam

Connecticut and borders the western riverbank of the Connecticut River

B Access

Eagle Landing State Park can be accessed from the West following Route 9 to Exit 7(Rt

82 E) or from the East following Route 82 over the swing bridge

C Property Existing Conditions

The Eagle Landing property is approximately 16 acres and includes four (4) docks three

parking areas an access road a small outbuilding with a power supply and two butler-

style buildings in the northeastern corner of the property Approximately 20 acres on the

eastern portion of the site is flat and lies within the floodplain of the river It was

previously used as a parking area by the previous owner The parking lots are divided

into several distinct lots and are delineated by guardrails The lots can be gated off when

not in use During the spring thaw the property has had a history of being flooded in

areas for multiple days

The park has 1100 feet+ of frontage along the Connecticut River The Connecticut River

is navigable from Long Island Sound northward to Hartford Much of the Connecticut

River view shed is lined with trees and low-lying vegetation giving the river a

ldquowildernessrdquo feel The Connecticut River is the most popular recreational waterway in

Connecticut supporting thousands of cruising vessels and recreational boats and numerous

marinas It is also a very active commercial waterway with hundreds of barges traveling

Page 11 of 23

on the river supplying the fuel docks and tank farms with oil for the cities and towns in

the CT River Valley

The western portion of the property slopes upward to meet a rail line owned by the State

of Connecticut Department of Energy amp Environmental Protection and maintained and

operated by the Valley Railroad Company The Valley Railroad Company operates the

Essex Steam Train

The concession area is delineated by a yellow dashed line as shown on the attached

concession area map Beginning at the northern portion of the concession area the

following structuresinfrastructure are included in the concession contract One butler-

style building (westernmost butlerndashstyle building) Parking Lot 1 Docks1 and 2 use

of the access road use of small former ticket booth building with available power in the

successful proposerrsquos name and Dock 3

The area located to the south of the concession area is approximately 7+ acres but only 4

acres are developed The undeveloped parcel is proposed to become a public boat ramp

facility and is currently being analyzed for resource and engineering issues Included in

this parcel is Dock 4 and Parking Lots 2 and 3 While this property located to the

south of the concession area will not be part of the bid or agreement for Boat

DockingEducational purposes it will be offered to the successful proposer for use as a

docking facility under a short-term Special Use License This license will expire as soon

as construction on the boat ramp commences

It should be noted that the access road to the Eagle Landing property must be kept open

for access by the private residential properties to the south of Eagle Landing

D Existing Condition of Dock

A few minor repairs would help improve the condition of Docks 1 2 and 3 but all are

functioning and usable in their present condition Dock 4 which is not included in the

concession contract has sustained significant damage is not currently usable and is

considered a safety hazard The Concessionaire or Special Use License Holder would be

responsible to certify that the docks can safely secure the size vessel(s) to be used

throughout the duration of this concession The depth of the water on the river side of

the dock varies from 16 feet to 19 feet There is submerged aquatic vegetation between

the docks and the riverbank that may contain species of concern

Before the commencement of any dock maintenance activity to the 4 docks described

above DEEPrsquos Natural Diversity Data Base (NDDB shall be consulted and DEEPrsquos

Land amp Water Resources Division (LWRD) shall be contacted to determine if a permit is

required for such work

E Adjacent Uses

Northward The northern boundary of Eagle Landing State Park is a private home and

CT State Route 82 There is a fence between the State park and the private property The

Page 12 of 23

East Haddam Swing Bridge spans the Connecticut River just north of Dock 1 (See

Attachment D) Andrews Marina is situated on the north side of Route 82

Southward The southern boundary of Eagle Landing State Park is bounded by a

development of private cottages There is an unpaved road which provides residents of

these cottages access to their homes Vehicles utilizing the Boat Concession or the Boat

Ramp may not park along the shoulders of the road or block it in any way

F ZoningSurrounding Land Use

The Town of Haddam zoned this property as ldquoCommercialrdquo and also ldquoState Park amp

Forestrdquo Commercial Boating activities are permitted in the Commercial Zone Eagle

Landing State Park is bounded on both the north and south by a ldquoLow density

RuralResidential Zonerdquo The town recommends a vegetative buffer between Commercial

uses and Residential areas Overlying the entire parcel is the Federal Emergency

Management Administration (FEMA) 100-year Flood Plain zone FEMA requirements

must be applied to any new development so as not to exacerbate flooding events

G Connecticut River Gateway Commission

Eagle Landing lies within the CT River Gateway Conservation Zone

In 1973 the Connecticut General Assembly passed legislation allowing the establishment

of the Connecticut River Gateway Commission a state-local compact for the protection

of the Lower Connecticut River Valley Then and now this valley is widely recognized

as one of the most important natural recreational and scenic areas of the State of

Connecticut One year later in July 1974 the Commission became operational with the

Connecticut Department of Environmental Protection two regional planning agencies and

all eight eligible towns participating

The Gateway Conservation Zone which is the geographic focus of the Commissions

activities is approximately thirty miles in length and includes those portions of the eight

member towns (Chester Deep River East Haddam Essex Haddam Lyme Old Lyme

Old Saybrook) lying within view of the river In recent years it has become an area of

interest for a number of other environmental organizations as well The Nature

Conservancy has designated the Connecticut River Tidelands as one of its Last Great

Places the Connecticut Department of Energy amp Environmental Protection has obtained

the recognition of the rivers tidelands as internationally significant wetlands under the

terms of the International Ramsar Convention the Secretary of the US Department of

Interior has publicly recognized the lower Connecticut River valley as one of the most

important ecological landscapes in the United States and in 1999 the River was

designated as one of 14 American Heritage Rivers by the President of the United States

The mission of this Commission given to it by the Connecticut General Assembly nearly

two decades ago is to preserve the unique scenic ecological scientific and historic

values of the lower Connecticut River valley for the enjoyment of present and future

generations of Connecticut citizens

Page 13 of 23

Development beyond what has previously been permitted must be reviewed by the

Gateway Commission to ensure that it meets the mission and goals of the Gateway

Commission

H Limitations on the Site

A Hours of Operation Hours of Operation of the Concession shall be limited to Sunrise

until 200AM (0200 Hrs)

B Overnight Parking All vehicles must vacate the property by 200 AM (0200Hrs)

C Alcohol Service will be limited to the vessel No alcohol service shall be allowed on

the docks or in other locations on the property

D Amplified sound (bands DJ etc) with the exception of safety instructions shall

not commence until vessels have departed from the dock and must cease prior to final

docking

E Concession shall not sublet any part of the property unless approved by the

Department of Energy amp Environmental Protection

F No new structures shall be erected and no maintenance shall be done to the existing

docks unless approved in writing by the Commissioner or Designee of the

Department of Energy amp Environmental Protection and all applicable permits have

been obtained

Page 14 of 23

Maps of Site

Page 15 of 23

Page 16 of 23

LETTER OF INTENT TO SUBMIT A PROPOSAL

State of Connecticut

Department of Energy amp Environmental Protection

RFP for Eagle Landing State Park

Return to Tenia Seay

Department of Energy amp Environmental Protection

Bureau of Outdoor Recreation

79 Elm Street

Hartford CT 06106-5127

860-424-3064 (Phone)

860-424-4070 (FAX)

Return Deadline 400 pm July 20 2020

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 17 of 23

STATE OF CONNECTICUT

DEPARTMENT OF ENERGY AND ENVIRONMENTAL PROTECTION

BUREAU OF OUTDOOR RECREATION AND

CONNECTICUT STATE PARK AND FOREST RECREATION AREA

MOBILE FOOD AND BEVERAGE CONCESSION

THIS CONTRACT is made by and between the STATE OF CONNECTICUT acting herein by

the Commissioner of the Department of Energy and Environmental Protection hereinafter referred

to as Commissionerrdquo or DEEP or ldquoStaterdquo and [Insert Concessionaire] of the Town of

Waterbury and the state of Connecticut hereinafter referred to as the Concessionaire or

ldquoContractorrdquo

WITNESSETH

WHEREAS the Commissioner of Energy and Environmental Protection 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 a Mobile Food and Beverage Concession

Service and render services to the public at

[Insert Name of Location]

NOW THEREFORE it is hereby agreed as follows

1 Mobile Food and Beverage Concession Service The Concessionaire agrees to operate a

Mobile Food and Beverage Concession Service at the above noted facility The Concessionaire

is responsible for all work included in this Contract Details regarding the Scope of Work are

included in Attachment A which is attached hereto and is hereby made a part of this contract

2 Duration The Commissioner hereby grants to the Concessionaire the exclusive right to

operate the above Mobile Food and Beverage Concession Service at the location identified for

the period commencing upon contract execution through [insert expiration date] At the

Commissionerrsquos sole discretion this contract may be renewed for up to [Insert number] years

without further competition

3 Payment In consideration of said rights and privileges the Concessionaire agrees to pay a

total of [insert amount] to the State of Connecticut due by [insert date] Payments shall be

made by check draft or money order payable to Treasurer State of Connecticut and

delivered or mailed to the Department of Energy and Environmental Protection Accounts

Receivable 79 Elm Street Hartford Connecticut 06106-5127

4 Nondisclosure Contactor shall not release any information concerning the services provided

pursuant to the Contract 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

Page 18 of 23

STANDARD TERMS AND CONDITIONS (Rev 8302019)

1 Definitions

(a) State The State of Connecticut including the Department of Energy and Environmental Protection and

any office department board council commission institution or other agency of the State

(b) Commissioner The Commissioner of Energy and Environmental Protection or the Commissionerrsquos

designated agent

(c) Parties The Department of Energy and Environmental Protection (DEEP or Agency) and the Contractor

(d) Contractor Parties Contractor Parties shall be defined as a Contractorrsquos members directors officers

shareholders partners managers principal officers representatives agents servants consultants employees

or any one of them or any other person or entity with whom the Contractor is in privity of oral or written

contract and the Contractor intends for such other person or entity to Perform under the Contract in any

capacity To the extent that any Contractor Party is to participate or Perform in any way directly or indirectly

in connection with the Contract any reference in the Contract to the ldquoContractorrdquo shall also be deemed to

include ldquoContractor Partiesrdquo as if such reference had originally specifically included ldquoContractor Partiesrdquo

since it is the Partiesrsquo intent for the terms ldquoContractor Partiesrdquo to be vested with the same respective rights

and obligations as the terms ldquoContractorrdquo

(e) Contract This agreement as of its Effective Date between the Contractor and the State for any or all

goods or services as more particularly described in Appendix A

(f) Execution This contract shall be fully executed when it has been signed by authorized representatives

of the parties and if it is for an amount of Twenty-five thousand dollars ($2500000) or more by the

authorized representative of the state Attorney Generals office

(g) Exhibits All attachments appendices or exhibits referred to in and attached to this Contract are

incorporated in this Contract by such reference and shall be deemed to be a part of it as if they had been fully

set forth in it

(h) Records For the purposes of this Contract records are defined as all working papers and such other

information and materials as may have been accumulated by the Contractor in performing the Contract

including but not limited to documents data plans books computations drawings specifications notes

reports records estimates summaries and correspondence kept or stored in any form

(i) Confidential Information Confidential Information shall mean any name number or other information

that may be used alone or in conjunction with any other information to identify a specific individual

including but not limited to such individuals name date of birth mothers maiden name motor vehicle

operators license number Social Security number employee identification number employer or taxpayer

identification number alien registration number government passport number health insurance

identification number demand deposit account number savings account number credit card number debit

card number or unique biometric data such as fingerprint voice print retina or iris image or other unique

physical representation Without limiting the foregoing Confidential Information shall also include any

information that the Department classifies as ldquoconfidentialrdquo or ldquorestrictedrdquo Confidential Information shall

not include information that may be lawfully obtained from publicly available sources or from federal state

or local government records which are lawfully made available to the general public

(j) Confidential Information Breach Confidential Information Breach shall mean generally an instance

where an unauthorized person or entity accesses Confidential Information in any manner including but not

limited to the following occurrences (1) any Confidential Information that is not encrypted or protected is

misplaced lost stolen or in any way compromised (2) one or more third parties have had access to or taken

control or possession of any Confidential Information that is not encrypted or protected without prior written

authorization from the State (3) the unauthorized acquisition of encrypted or protected Confidential

Information together with the confidential process or key that is capable of compromising the integrity of the

Confidential Information or (4) if there is a substantial risk of identity theft or fraud to the client the

Contractor the Department or State

Page 19 of 23

(k) Claim Claim shall mean all actions suits claims demands investigations and proceedings of any kind

open pending or threatened whether mature unmatured contingent known or unknown at law or in equity

in any forum

2 Forum and Choice of Law The parties deem the Contract 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 laws 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

3 Termination

(a) Notwithstanding any provisions in this Contract the Agency 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 The Agency shall notify the Contractor in writing of Termination pursuant

to this section which notice shall specify the effective date of Termination and the extent to which the

Contractor must complete its Performance under the Contract prior to such date

(b) Notwithstanding any provisions in this Contract the Agency through a duly authorized employee may

after making a written determination that the Contractor has breached the Contract Terminate the

Contract in accordance with the provisions in the Breach section of this Contract

(c) The Agency shall send the notice of Termination via certified mail return receipt requested to the

Contractor at the most current address which the Contractor has furnished to the Agency for purposes of

correspondence or by hand delivery Upon receiving the notice from the Agency the Contractor shall

immediately discontinue all services affected in accordance with the notice undertake all commercially

reasonable efforts to mitigate any losses or damages and deliver to the Agency all Records The Records

are deemed to be the property of the Agency and the Contractor shall deliver them to the Agency no later

than thirty (30) days after the Termination of the Contract or fifteen (15) days after the Contractor

receives a written request from the Agency for the Records The Contractor shall deliver those Records

that exist in electronic magnetic or other intangible form in a non-proprietary format such as but not

limited to ASCII or TXT

(d) Upon receipt of a written notice of Termination from the Agency the Contractor shall cease operations

as the Agency directs in the notice and take all actions that are necessary or appropriate or that the

Agency may reasonably direct for the protection and preservation of the Goods and any other property

Except for any work which the Agency directs the Contractor to Perform in the notice prior to the

effective date of Termination and except as otherwise provided in the notice the Contractor shall

terminate or conclude all existing subcontracts and purchase orders and shall not enter into any further

subcontracts purchase orders or commitments

(e) The Agency shall within forty-five (45) days of the effective date of Termination reimburse the

Contractor for its Performance rendered and accepted by the Agency in addition to all actual and

reasonable costs incurred after Termination in completing those portions of the Performance which the

notice required the Contractor to complete However the Contractor is not entitled to receive and the

Agency is not obligated to tender to the Contractor any payments for anticipated or lost profits Upon

request by the Agency the Contractor shall assign to the Agency or any replacement contractor which

the Agency designates all subcontracts purchase orders and other commitments deliver to the Agency

all Records and other information pertaining to its Performance and remove from State premises

whether leased or owned all of Contractorrsquos property equipment waste material and rubbish related to

its Performance all as the Agency may request

(f) For breach or violation of any of the provisions in the section concerning Representations and

Warranties the Agency may Terminate the Contract in accordance with its terms and revoke any

consents to assignments given as if the assignments had never been requested or consented to without

liability to the Contractor or Contractor Parties or any third party

(g) Upon Termination of the Contract all rights and obligations shall be null and void so that no party shall

Page 20 of 23

have any further rights or obligations to any other party except with respect to the sections which survive

Termination All representations warranties agreements and rights of the parties under the Contract

shall survive such Termination to the extent not otherwise limited in the Contract and without each one

of them having to be specifically mentioned in the Contract

(h) Termination of the Contract pursuant to this section shall not be deemed to be a breach of contract by

the Agency

4 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

(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 Contractorrsquos bid proposal 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

(b) The Contractor shall not be responsible for indemnifying or holding the State harmless from any liability

arising due to the negligence of the State or any other person or entity acting under the direct control or

supervision of the State

(c) 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

(d) 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

(e) 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 cause the State to be named as an additional insured

on the policy and shall provide (1) a certificate of insurance (2) the declaration page and (3) the

additional insured endorsement to the policy to the State and the Client Agency all in an electronic format

acceptable to the State prior to the Effective Date of the Contract evidencing that the State is an additional

insured The Contractor shall not begin Performance until the delivery of these three documents to the

Client Agency Contractor shall provide an annual electronic update of the three documents to the Client

Agency and the State on or before each anniversary of the Effective Date during the Contract term State

shall be entitled to recover under the insurance policy even if a body of competent jurisdiction determines

that State is contributorily negligent

(f) This section shall survive the Termination of the Contract and shall not be limited by reason of any

insurance coverage

5 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 and employees

which they 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

6 Protection of Confidential Information Contractor and Contractor Parties at their own expense have a duty to

and shall protect from a Confidential Information Breach any and all Confidential Information which they come

to possess or control wherever and however stored or maintained in a commercially reasonable manner in

accordance with current industry standards

(b) Each Contractor or Contractor Party shall develop implement and maintain a comprehensive data -

security program for the protection of Confidential Information The safeguards contained in such

Page 21 of 23

program shall be consistent with and comply with the safeguards for protection of Confidential

Information and information of a similar character as set forth in all applicable federal and state law

and written policy of the Agency or State concerning the confidentiality of Confidential Information

Such data-security program shall include but not be limited to the following

(1) A security policy for employees related to the storage access and transportation of data containing

Confidential Information

(2) Reasonable restrictions on access to records containing Confidential Information including access

to any locked storage where such records are kept

(3) A process for reviewing policies and security measures at least annually

(4) Creating secure access controls to Confidential Information including but not limited to passwords

and

(5) Encrypting of Confidential Information that is stored on laptops portable devices or being

transmitted electronically

(c) The Contractor and Contractor Parties shall notify the Agency and the Connecticut Office of the Attorney

General as soon as practical but no later than twenty-four (24) hours after they become aware of or

suspect that any Confidential Information which Contractor or Contractor Parties have come to possess

or control has been subject to a Confidential Information Breach If a Confidential Information Breach

has occurred the Contractor shall within three (3) business days after the notification present a credit

monitoring and protection plan to the Commissioner of Administrative Services the Agency and the

Connecticut Office of the Attorney General for review and approval Such credit monitoring or

protection plan shall be made available by the Contractor at its own cost and expense to all individuals

affected by the Confidential Information Breach Such credit monitoring or protection plan shall include

but is not limited to reimbursement for the cost of placing and lifting one (1) security freeze per credit

file pursuant to Connecticut General Statutes sect 36a-701a Such credit monitoring or protection plans

shall be approved by the State in accordance with this Section and shall cover a length of time

commensurate with the circumstances of the Confidential Information Breach The Contractorsrsquo costs

and expenses for the credit monitoring and protection plan shall not be recoverable from the Agency

any State of Connecticut entity or any affected individuals

(d) The Contractor shall incorporate the requirements of this Section in all subcontracts requiring each

Contractor Party to safeguard Confidential Information in the same manner as provided for in this

Section

(e) Nothing in this Section shall supersede in any manner Contractorrsquos or Contractor Partyrsquos obligations

pursuant to HIPAA or the provisions of this Contract concerning the obligations of the Contractor as a

Business Associate of Covered Entity

7 Executive Orders This 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 The Contract may also be subject to Executive Order No 14 of Governor

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

Executive Order No 49 of Governor Dannel P Malloy promulgated May 22 2015 mandating disclosure of

certain gifts to public employees and contributions to certain candidates for office If Executive Order 14 andor

Executive Order 49 are applicable they are deemed to be 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 or DAS shall provide a

copy of these orders to the Contractor

8 State Liability The State of Connecticut shall assume no liability for payment for services under the terms of

this agreement until the contractor is notified that this agreement has been accepted by the contracting agency

and if applicable approved by the Office of Policy and Management (OPM) or the Department of

Administrative Services (DAS) and by the Attorney General of the State of Connecticut

9 Distribution of Materials The Contractor shall obtain written approval from the Commissioner prior to the

distribution or publication of any materials prepared under the terms of this Contract Such approval shall not

be unreasonably withheld

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

approved in writing by the Commissioner at the Commissionerrsquos sole discretion In the event of any

Page 22 of 23

unapproved change in principal project staff the Commissioner may in the Commissionerrsquos sole discretion

terminate this Contract

11 Further Assurances The Parties shall provide such information execute and deliver any instruments and

documents and take such other actions as may be necessary or reasonably requested by the other Party which

are not inconsistent with the provisions of this Contract and which do not involve the vesting of rights or

assumption of obligations other than those provided for in the Contract in order to give full effect to the

Contract and to carry out the intent of the Contract

12 Third Party Participation The Contractor may make sub-awards using either its own competitive selection

process or the values established in the statersquos competitive selection process as outlined in DAS General Letter

71 whichever is more restrictive to conduct any of the tasks in the Scope of Work contained in Appendix A

The Contractor shall advise the Commissioner of the proposed sub-awardee and the amount allocated at least

two (2) weeks prior to the making of such awards The Commissioner reserves the right to disapprove such

awards if they appear to be inconsistent with the program activities to be conducted under this grant As

required by Sec 46a-68j-23 of the Connecticut Regulations of State Agencies the Contractor must make a good

faith effort based upon the availability of minority business enterprises in the labor market area to award a

reasonable proportion of all subcontracts to such enterprises When minority business enterprises are selected

the Contractor shall provide DEEP with a copy of the Affidavit for Certification of Subcontractors as Minority

Business Enterprises (MBE) along with a copy of the purchase order or contract engaging the Subcontractor

The Contractor shall be the sole point of contact concerning the management of the Contract including

performance and payment issues The Contractor is solely and completely responsible for adherence by any

subcontractor to all the applicable provisions of the Contract

13 Americans with Disabilities Act The Contractor shall be and remain in compliance with the Americans with

Disabilities Act of 1990 (ldquoActrdquo) to the extent applicable during the term of the Contract The DEEP may

cancel the Contract if the Contractor fails to comply with the Act

14 Affirmative Action and Sexual Harassment Policies The Contractor agrees to comply with the Departments

Affirmative Action and Sexual Harassment Policies available on DEEPrsquos web site Hard copies of the policy

statements are available upon request at DEEP

15 Breach If either Party breaches the Contract in any respect the non-breaching Party shall provide written

notice of the breach to the breaching Party and afford the breaching Party an opportunity to cure within ten (10)

days from the date that the breaching Party receives the notice In the case of a Contractor breach any other

time period which the Agency sets forth in the notice shall trump the ten (10) days The right to cure period

shall be extended if the non-breaching Party is satisfied that the breaching Party is making a good faith effort

to cure but the nature of the breach is such that it cannot be cured within the right to cure period The notice

may include an effective Contract Termination date if the breach is not cured by the stated date and unless

otherwise modified by the non-breaching Party in writing prior to the Termination date no further action shall

be required of any Party to effect the Termination as of the stated date If the notice does not set forth an

effective Contract Termination date then the non-breaching Party may Terminate the Contract by giving the

breaching Party no less than twenty four (24) hours prior written notice If the Agency believes that the

Contractor has not performed according to the Contract the Agency may withhold payment in whole or in part

pending resolution of the Performance issue provided that the Agency notifies the Contractor in writing prior

to the date that the payment would have been due

16 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

17 The Town Guarantee The Town shall furnish adequate protection from damage for all work and to repair any

damage of any kind for which he or his workmen are responsible to premises or any equipment to his own

work or to the work of the Agency pay for all permits licenses and fees and to give all notices and comply

with all laws ordinances rules and regulations of the city state and federal government

18 Force Majeure The Parties shall not be excused from their obligation to perform in accordance with the

Contract except in the case of Force Majeure events and as otherwise provided for in the Contract A Force

Majeure event materially affects the cost of the Goods or Services or the time schedule for performance and is

outside the control nor caused by the Parties In the case of any such exception the nonperforming Party shall

give immediate written notice to the other explaining the cause and probable duration of any such

Page 23 of 23

nonperformance

19 Entirety of Contract The Contract is the entire agreement between the Parties with respect to its subject matter

and supersedes all prior agreements proposals offers counteroffers and understandings of the Parties whether

written or oral The Contract has been entered into after full investigation neither Party relying upon any

statement or representation by the other unless such statement or representation is specifically embodied in the

Contract

20 Interpretation The Contract contains numerous references to statutes and regulations For purposes of

interpretation conflict resolution and otherwise the content of those statutes and regulations shall govern over

the content of the reference in the Contract to those statutes and regulations

A-1

Attachment A

Scope of Work

Mobile Food and Beverage Concession Services

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

covering each annual period of this contract shall reflect the following limits and shall be submitted

by the Concessionaire to the Department of Energy and Environmental Protection by April 1 of each

year this contract is in effect

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

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

damages arising from the destruction of or damage to property in any one accident or occurrence

In cases where any insurance policy shows an aggregate limit the aggregate shall apply solely to

the concession operation or the aggregate limit shall be not less than $2000000

b 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 from bodily injuries to or death of all persons in any one

accident or occurrence and for all damages arising from the destruction of or damage to property

in any one accident or occurrence In cases where any insurance policy shows an aggregate limit

the aggregate shall apply solely to the concession operation or the aggregate limit shall be not less

than $2000000

c The Concessionaire shall carry Workerrsquos Compensation insurance in accordance with the

requirements of the laws of the State of Connecticut

d Said coveragersquos are to be provided by insurance companies licensed by the State of Connecticut

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

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

2 Commodities and Price List

a The Concessionaire shall be allowed to sell food and beverages as approved in advance by the

Commissioner

b The Concessionaire shall be allowed to sell souvenirs and other outdoor recreation related

merchandise hereinafter referred to collectively as merchandise as approved in advance by the

Commissioner

c By April 1 of each year that this contract is in effect the Concessionaire shall submit for approval

a price list of all foods beverages and merchandise for sale hereinafter referred to collectively as

commodities to the Department of Energy and Environmental Protection Bureau of Outdoor

Recreation Division of State Parks and Public Outreach 79 Elm Street Hartford CT 06106-5127

d Any price increases or additions of commodities are subject to the prior written approval of the

Commissioner

e The Concessionaire shall post a price list of all commodities for sale in full public view while in

operation

f Whenever the park name is used on merchandise the complete park name shall be used

g The Concessionaire warrants that all commodities offered for sale shall not exceed in price nor be

substandard in quality or quantity to like commodities sold in the surrounding community

A-2

3 Sunscreen All concession operations in a park having a designated swimming area shall have

sunscreen with a Sun Protection Factor (SPF) of at least 15 for adults and 45 for children available for

sale to the general public

4 Use of Biodegradable Products To the extent practicable the Concessionaire agrees to use

recyclable and biodegradable products and packaging in all of its operations ie paper products or

products containing recycled contents The Concessionaire agrees to not dispense food or beverages

in close-celled foam-based containers

5 Prohibitions The Concessionaire shall not

a dispense food or beverages in glass containers

b dispense alcoholic beverages

c sell snorkels beach balls rafts or other inflatable or buoyant devices except US Coast Guard

approved personal flotation devices (PFDs)

d permit gratuities to employees of the State of Connecticut

e provide video or pinball games

6 Hours of Operation

a The Concessionaire may operate the Concession daily between 800 am and sunset on any day

that this contract is in effect

b From the Saturday before Memorial Day through July 4th the Concessionaire shall open the

concession on Saturdays Sundays and holidays not later than 1100 am except during inclement

weather and the concession shall remain open at least until three hours before but not later than

sunset

c From July 4th through Labor Day the Concessionaire shall open the concession daily not later than

1100 am except during inclement weather and the concession shall remain open at least until

three hours before but not later than sunset

d Deviations from the above stated schedules are allowable but must receive advanced approval in

writing from the Park and Recreation Supervisor

e When closing due to inclement weather the Concessionaire shall immediately notify the Park and

Recreation Supervisor The Concessionaire shall keep in the concession vehicle at all times a log

of all closures due to inclement weather and it shall be immediately available to the Park and

Recreation Supervisor upon request for inspection

f Within 30 days of closing the concession for the season but in no case later than December 31 of

each calendar year that this contract is in effect the Concessionaire shall submit an Annual

Inclement Weather Closure Report to the Park and Recreation Supervisor

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

the appropriate local health department prior to April 15th of each year this contract is in effect The

Concessionaire is responsible for and shall directly pay for any fees charged for such inspections

8 Health Department Permit The Concessionaire will annually obtain a ldquopermit to sellrdquo from the local

health department and submit a copy of said permit to the DEEP Division of State Parks amp Public

Outreach not later than April 30th of each year this contract is in effect Other Permits The

Concessionaire shall be solely responsible for securing any other licenses permits approvals or

waivers required by any other federal state regional or municipal authority having jurisdiction in the

town(s) in which the Concession is located

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

to state property without the prior written approval of DEEP Any improvements or permanent fixtures

approved by the DEEP and provided by the Concessionaire during the term of this contract shall

immediately become the property of the State of Connecticut

A-3

10 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

11 Refuse Disposal The Concessionaire at its sole expense shall be responsible for the proper disposal

and removal of all recyclables and trash generated by operation of the concession For additional

information see the DEEP website for Managing Waste and Recycling at Special Events and Other

Venues the direct URL address for which is

httpwwwctgovdepcwpviewaspa=2714ampq=434054ampdepNav_GID=1645

12 General Maintenance The Concessionaire shall be responsible for maintaining the Concession area

in a clean sanitary and orderly manner

13 Exclusivity With the exception of vending machines and commodities having prior written approval

for DEEP sanctioned events including but not limited to events authorized by a Special Use License

the Concessionaire shall have the exclusive right to sell commodities within the property named

herein

14 Vending Machines The State of Connecticut Board of Education and Services for the Blind (BESB)

shall have exclusive rights to vending machines on the premises of the concessions and other

authorized areas within the park or forest for the purpose of vending foods and beverages and to collect

receipts there from provided that the number and locations of such vending machines shall receive

prior written approval from a representative of the DEEP

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

contract shall prevent visitors from bringing food to the park and preparing such food for personal

consumption including dispensing such food at no charge to other park visitors Park visitors may

also utilize private catering services with advanced written approval of the Park and Recreation

Supervisor Said catering services may only be permitted with the condition that no financial

transactions occur on DEEP property

16 Concession Staffing The concession shall be staffed only by the Concessionaire or its employee(s)

or other agents identified herein unless otherwise authorized by the Commissioner in writing

17 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

18 Appearance The Concessionaire and its 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

19 Audible Devices The Concessionaire shall activate audible devices (loudspeakers music bells etc)

only in accordance with instructions provided by the Park and Recreation Supervisor Instructions are

subject to change immediately at the discretion of the Park and Recreation Supervisor

20 Concession Location Unless authorized by the Park and Recreation Supervisor to do otherwise the

Concessionaire agrees to

a identify all park-and-sit locations or drive-through routes on a park map

b confine all concession operations to the designated Concession areas

c confine all sales and advertising to the concession vehicle

d provide garbage and recycling receptacles for customer use

21 Food Inspection An authorized representative of the Commissioner may conduct an unannounced

in-season food inspection once per calendar year Upon request the Concessionaire shall provide a

A-4

range of food and beverage items proportionate to one meal to the Commissionerrsquos

representative for food-tasting purposes

22 Financial Reporting Within 30 days of closing the Concession for the season but in no case

later than December 31 of each calendar year that this contract is in effect the Concessionaire

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

Commissioner of the Superior Court to Department of Energy and Environmental Protection

Bureau of Outdoor Recreation Division of State Parks and Public Outreach 79 Elm Street

Hartford CT 06106-5127

23 Revenue DEEP shall have no responsibility for revenue loss directly or indirectly attributable

to DEEP management actions including but not limited to changes in park or campground

schedules or operations or in services provided to the visiting public DEEP shall have no

responsibility for revenue loss directly or indirectly attributable to uncontrollable phenomena

including but not limited to attendance loss weather conditions or other Acts of God

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

Energy and Environmental Protection regarding State Park and Forest Recreation Areas and

with any other department policy concerning the operation of concessions

The parties have hereunto set their hands

SIGNED AND DELIVERED below

STATE OF CONNECTICUT

Department of Energy and Environmental

Protection

CONCESSIONAIRE

BY BY

Date Date

Contract ______________

Acct Fund SID DeptId Prog Project Bud

Ref Amount

Funds available Date

Attorney General (Approved as to Form) Date

Page 8: REQUEST FOR PROPOSALS (RFP) Management, Operation and

Page 8 of 23

(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 Contract Compliance

Monitoring Report 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

Forms are available on the CHRO website The following table will assist in determining which

forms are required

Contract Amount Bidder Contract Compliance

Monitoring Report Required ndash

Affidavit for Certification of

Subcontractors as MBErsquos as applic

Affirmative Action

Plan Required

CHRO Requires

Pre Approval of

Affirmative Action

Plan

$0 - $4000 No No na

Non Public Works Contract

$400001 -

$24999999

Yes No na

$250000 or more Yes Yes No

Public Works Contract

$400001 - $50000 Yes No na

$5000001 - $500000 Yes Yes No

$50000001 or more Yes 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

At the time of contract execution a fully executed non-discrimination certification will also be

required

11 RFP Conditions

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

Page 9 of 23

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

by DEEP

D The Proposer agrees that the proposal will remain valid for a period of 180 days after

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

agreement

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

to be necessary appropriate or otherwise in the best interests of DEEP Failure to

acknowledge 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 DEEP or its designee with the

exception of personnel who have terminated employment Replacements for personnel

who have terminated employment are subject to approval by DEEP or its designee At

its discretion DEEP 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 DEEP

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 DEEP

at the Proposerrsquos sole cost and expense

J 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 DEEP

participated directly in the Proposerrsquos proposal preparation

K All responses to the RFP must conform to instruction Failure to include any required

signatures provide the required number of copies to 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

L The contract will represent the entire agreement between the Proposer and DEEP and

will supersede all prior negotiations representations or agreements alleged or made

between the parties DEEP 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 DEEP and by the AGrsquos Office The contract may

be amended only by means of a written instrument signed by DEEP the Proposer and

the AGrsquos Office

Page 10 of 23

M Contractor shall interact with the United States Coast Guard (USCG) as required to

maintain the designation of the facility as a Public Access Facility including but not

limited to any periodic revalidation process requested by the USCG

12 Rights Reserved to DEEP

The DEEP 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

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

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

its judgment the best interest of DEEP will be served

DEEP 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 DEEP shall not constitute a breach of contract on the part of DEEP since the contract with

the initial Proposer is deemed to be void from the beginning and of no effect as if no contract

ever existed between DEEP and the Proposer

13 Agencyrsquos Standard Contract and Conditions

The Proposer must accept DEEPrsquos standard contract language and conditions See Attachment

for Standard Contract Conditions

14 Park Descriptions

A Location

The Eagle Landing State Park property is located at 19 Bridge Road in Haddam

Connecticut and borders the western riverbank of the Connecticut River

B Access

Eagle Landing State Park can be accessed from the West following Route 9 to Exit 7(Rt

82 E) or from the East following Route 82 over the swing bridge

C Property Existing Conditions

The Eagle Landing property is approximately 16 acres and includes four (4) docks three

parking areas an access road a small outbuilding with a power supply and two butler-

style buildings in the northeastern corner of the property Approximately 20 acres on the

eastern portion of the site is flat and lies within the floodplain of the river It was

previously used as a parking area by the previous owner The parking lots are divided

into several distinct lots and are delineated by guardrails The lots can be gated off when

not in use During the spring thaw the property has had a history of being flooded in

areas for multiple days

The park has 1100 feet+ of frontage along the Connecticut River The Connecticut River

is navigable from Long Island Sound northward to Hartford Much of the Connecticut

River view shed is lined with trees and low-lying vegetation giving the river a

ldquowildernessrdquo feel The Connecticut River is the most popular recreational waterway in

Connecticut supporting thousands of cruising vessels and recreational boats and numerous

marinas It is also a very active commercial waterway with hundreds of barges traveling

Page 11 of 23

on the river supplying the fuel docks and tank farms with oil for the cities and towns in

the CT River Valley

The western portion of the property slopes upward to meet a rail line owned by the State

of Connecticut Department of Energy amp Environmental Protection and maintained and

operated by the Valley Railroad Company The Valley Railroad Company operates the

Essex Steam Train

The concession area is delineated by a yellow dashed line as shown on the attached

concession area map Beginning at the northern portion of the concession area the

following structuresinfrastructure are included in the concession contract One butler-

style building (westernmost butlerndashstyle building) Parking Lot 1 Docks1 and 2 use

of the access road use of small former ticket booth building with available power in the

successful proposerrsquos name and Dock 3

The area located to the south of the concession area is approximately 7+ acres but only 4

acres are developed The undeveloped parcel is proposed to become a public boat ramp

facility and is currently being analyzed for resource and engineering issues Included in

this parcel is Dock 4 and Parking Lots 2 and 3 While this property located to the

south of the concession area will not be part of the bid or agreement for Boat

DockingEducational purposes it will be offered to the successful proposer for use as a

docking facility under a short-term Special Use License This license will expire as soon

as construction on the boat ramp commences

It should be noted that the access road to the Eagle Landing property must be kept open

for access by the private residential properties to the south of Eagle Landing

D Existing Condition of Dock

A few minor repairs would help improve the condition of Docks 1 2 and 3 but all are

functioning and usable in their present condition Dock 4 which is not included in the

concession contract has sustained significant damage is not currently usable and is

considered a safety hazard The Concessionaire or Special Use License Holder would be

responsible to certify that the docks can safely secure the size vessel(s) to be used

throughout the duration of this concession The depth of the water on the river side of

the dock varies from 16 feet to 19 feet There is submerged aquatic vegetation between

the docks and the riverbank that may contain species of concern

Before the commencement of any dock maintenance activity to the 4 docks described

above DEEPrsquos Natural Diversity Data Base (NDDB shall be consulted and DEEPrsquos

Land amp Water Resources Division (LWRD) shall be contacted to determine if a permit is

required for such work

E Adjacent Uses

Northward The northern boundary of Eagle Landing State Park is a private home and

CT State Route 82 There is a fence between the State park and the private property The

Page 12 of 23

East Haddam Swing Bridge spans the Connecticut River just north of Dock 1 (See

Attachment D) Andrews Marina is situated on the north side of Route 82

Southward The southern boundary of Eagle Landing State Park is bounded by a

development of private cottages There is an unpaved road which provides residents of

these cottages access to their homes Vehicles utilizing the Boat Concession or the Boat

Ramp may not park along the shoulders of the road or block it in any way

F ZoningSurrounding Land Use

The Town of Haddam zoned this property as ldquoCommercialrdquo and also ldquoState Park amp

Forestrdquo Commercial Boating activities are permitted in the Commercial Zone Eagle

Landing State Park is bounded on both the north and south by a ldquoLow density

RuralResidential Zonerdquo The town recommends a vegetative buffer between Commercial

uses and Residential areas Overlying the entire parcel is the Federal Emergency

Management Administration (FEMA) 100-year Flood Plain zone FEMA requirements

must be applied to any new development so as not to exacerbate flooding events

G Connecticut River Gateway Commission

Eagle Landing lies within the CT River Gateway Conservation Zone

In 1973 the Connecticut General Assembly passed legislation allowing the establishment

of the Connecticut River Gateway Commission a state-local compact for the protection

of the Lower Connecticut River Valley Then and now this valley is widely recognized

as one of the most important natural recreational and scenic areas of the State of

Connecticut One year later in July 1974 the Commission became operational with the

Connecticut Department of Environmental Protection two regional planning agencies and

all eight eligible towns participating

The Gateway Conservation Zone which is the geographic focus of the Commissions

activities is approximately thirty miles in length and includes those portions of the eight

member towns (Chester Deep River East Haddam Essex Haddam Lyme Old Lyme

Old Saybrook) lying within view of the river In recent years it has become an area of

interest for a number of other environmental organizations as well The Nature

Conservancy has designated the Connecticut River Tidelands as one of its Last Great

Places the Connecticut Department of Energy amp Environmental Protection has obtained

the recognition of the rivers tidelands as internationally significant wetlands under the

terms of the International Ramsar Convention the Secretary of the US Department of

Interior has publicly recognized the lower Connecticut River valley as one of the most

important ecological landscapes in the United States and in 1999 the River was

designated as one of 14 American Heritage Rivers by the President of the United States

The mission of this Commission given to it by the Connecticut General Assembly nearly

two decades ago is to preserve the unique scenic ecological scientific and historic

values of the lower Connecticut River valley for the enjoyment of present and future

generations of Connecticut citizens

Page 13 of 23

Development beyond what has previously been permitted must be reviewed by the

Gateway Commission to ensure that it meets the mission and goals of the Gateway

Commission

H Limitations on the Site

A Hours of Operation Hours of Operation of the Concession shall be limited to Sunrise

until 200AM (0200 Hrs)

B Overnight Parking All vehicles must vacate the property by 200 AM (0200Hrs)

C Alcohol Service will be limited to the vessel No alcohol service shall be allowed on

the docks or in other locations on the property

D Amplified sound (bands DJ etc) with the exception of safety instructions shall

not commence until vessels have departed from the dock and must cease prior to final

docking

E Concession shall not sublet any part of the property unless approved by the

Department of Energy amp Environmental Protection

F No new structures shall be erected and no maintenance shall be done to the existing

docks unless approved in writing by the Commissioner or Designee of the

Department of Energy amp Environmental Protection and all applicable permits have

been obtained

Page 14 of 23

Maps of Site

Page 15 of 23

Page 16 of 23

LETTER OF INTENT TO SUBMIT A PROPOSAL

State of Connecticut

Department of Energy amp Environmental Protection

RFP for Eagle Landing State Park

Return to Tenia Seay

Department of Energy amp Environmental Protection

Bureau of Outdoor Recreation

79 Elm Street

Hartford CT 06106-5127

860-424-3064 (Phone)

860-424-4070 (FAX)

Return Deadline 400 pm July 20 2020

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 17 of 23

STATE OF CONNECTICUT

DEPARTMENT OF ENERGY AND ENVIRONMENTAL PROTECTION

BUREAU OF OUTDOOR RECREATION AND

CONNECTICUT STATE PARK AND FOREST RECREATION AREA

MOBILE FOOD AND BEVERAGE CONCESSION

THIS CONTRACT is made by and between the STATE OF CONNECTICUT acting herein by

the Commissioner of the Department of Energy and Environmental Protection hereinafter referred

to as Commissionerrdquo or DEEP or ldquoStaterdquo and [Insert Concessionaire] of the Town of

Waterbury and the state of Connecticut hereinafter referred to as the Concessionaire or

ldquoContractorrdquo

WITNESSETH

WHEREAS the Commissioner of Energy and Environmental Protection 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 a Mobile Food and Beverage Concession

Service and render services to the public at

[Insert Name of Location]

NOW THEREFORE it is hereby agreed as follows

1 Mobile Food and Beverage Concession Service The Concessionaire agrees to operate a

Mobile Food and Beverage Concession Service at the above noted facility The Concessionaire

is responsible for all work included in this Contract Details regarding the Scope of Work are

included in Attachment A which is attached hereto and is hereby made a part of this contract

2 Duration The Commissioner hereby grants to the Concessionaire the exclusive right to

operate the above Mobile Food and Beverage Concession Service at the location identified for

the period commencing upon contract execution through [insert expiration date] At the

Commissionerrsquos sole discretion this contract may be renewed for up to [Insert number] years

without further competition

3 Payment In consideration of said rights and privileges the Concessionaire agrees to pay a

total of [insert amount] to the State of Connecticut due by [insert date] Payments shall be

made by check draft or money order payable to Treasurer State of Connecticut and

delivered or mailed to the Department of Energy and Environmental Protection Accounts

Receivable 79 Elm Street Hartford Connecticut 06106-5127

4 Nondisclosure Contactor shall not release any information concerning the services provided

pursuant to the Contract 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

Page 18 of 23

STANDARD TERMS AND CONDITIONS (Rev 8302019)

1 Definitions

(a) State The State of Connecticut including the Department of Energy and Environmental Protection and

any office department board council commission institution or other agency of the State

(b) Commissioner The Commissioner of Energy and Environmental Protection or the Commissionerrsquos

designated agent

(c) Parties The Department of Energy and Environmental Protection (DEEP or Agency) and the Contractor

(d) Contractor Parties Contractor Parties shall be defined as a Contractorrsquos members directors officers

shareholders partners managers principal officers representatives agents servants consultants employees

or any one of them or any other person or entity with whom the Contractor is in privity of oral or written

contract and the Contractor intends for such other person or entity to Perform under the Contract in any

capacity To the extent that any Contractor Party is to participate or Perform in any way directly or indirectly

in connection with the Contract any reference in the Contract to the ldquoContractorrdquo shall also be deemed to

include ldquoContractor Partiesrdquo as if such reference had originally specifically included ldquoContractor Partiesrdquo

since it is the Partiesrsquo intent for the terms ldquoContractor Partiesrdquo to be vested with the same respective rights

and obligations as the terms ldquoContractorrdquo

(e) Contract This agreement as of its Effective Date between the Contractor and the State for any or all

goods or services as more particularly described in Appendix A

(f) Execution This contract shall be fully executed when it has been signed by authorized representatives

of the parties and if it is for an amount of Twenty-five thousand dollars ($2500000) or more by the

authorized representative of the state Attorney Generals office

(g) Exhibits All attachments appendices or exhibits referred to in and attached to this Contract are

incorporated in this Contract by such reference and shall be deemed to be a part of it as if they had been fully

set forth in it

(h) Records For the purposes of this Contract records are defined as all working papers and such other

information and materials as may have been accumulated by the Contractor in performing the Contract

including but not limited to documents data plans books computations drawings specifications notes

reports records estimates summaries and correspondence kept or stored in any form

(i) Confidential Information Confidential Information shall mean any name number or other information

that may be used alone or in conjunction with any other information to identify a specific individual

including but not limited to such individuals name date of birth mothers maiden name motor vehicle

operators license number Social Security number employee identification number employer or taxpayer

identification number alien registration number government passport number health insurance

identification number demand deposit account number savings account number credit card number debit

card number or unique biometric data such as fingerprint voice print retina or iris image or other unique

physical representation Without limiting the foregoing Confidential Information shall also include any

information that the Department classifies as ldquoconfidentialrdquo or ldquorestrictedrdquo Confidential Information shall

not include information that may be lawfully obtained from publicly available sources or from federal state

or local government records which are lawfully made available to the general public

(j) Confidential Information Breach Confidential Information Breach shall mean generally an instance

where an unauthorized person or entity accesses Confidential Information in any manner including but not

limited to the following occurrences (1) any Confidential Information that is not encrypted or protected is

misplaced lost stolen or in any way compromised (2) one or more third parties have had access to or taken

control or possession of any Confidential Information that is not encrypted or protected without prior written

authorization from the State (3) the unauthorized acquisition of encrypted or protected Confidential

Information together with the confidential process or key that is capable of compromising the integrity of the

Confidential Information or (4) if there is a substantial risk of identity theft or fraud to the client the

Contractor the Department or State

Page 19 of 23

(k) Claim Claim shall mean all actions suits claims demands investigations and proceedings of any kind

open pending or threatened whether mature unmatured contingent known or unknown at law or in equity

in any forum

2 Forum and Choice of Law The parties deem the Contract 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 laws 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

3 Termination

(a) Notwithstanding any provisions in this Contract the Agency 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 The Agency shall notify the Contractor in writing of Termination pursuant

to this section which notice shall specify the effective date of Termination and the extent to which the

Contractor must complete its Performance under the Contract prior to such date

(b) Notwithstanding any provisions in this Contract the Agency through a duly authorized employee may

after making a written determination that the Contractor has breached the Contract Terminate the

Contract in accordance with the provisions in the Breach section of this Contract

(c) The Agency shall send the notice of Termination via certified mail return receipt requested to the

Contractor at the most current address which the Contractor has furnished to the Agency for purposes of

correspondence or by hand delivery Upon receiving the notice from the Agency the Contractor shall

immediately discontinue all services affected in accordance with the notice undertake all commercially

reasonable efforts to mitigate any losses or damages and deliver to the Agency all Records The Records

are deemed to be the property of the Agency and the Contractor shall deliver them to the Agency no later

than thirty (30) days after the Termination of the Contract or fifteen (15) days after the Contractor

receives a written request from the Agency for the Records The Contractor shall deliver those Records

that exist in electronic magnetic or other intangible form in a non-proprietary format such as but not

limited to ASCII or TXT

(d) Upon receipt of a written notice of Termination from the Agency the Contractor shall cease operations

as the Agency directs in the notice and take all actions that are necessary or appropriate or that the

Agency may reasonably direct for the protection and preservation of the Goods and any other property

Except for any work which the Agency directs the Contractor to Perform in the notice prior to the

effective date of Termination and except as otherwise provided in the notice the Contractor shall

terminate or conclude all existing subcontracts and purchase orders and shall not enter into any further

subcontracts purchase orders or commitments

(e) The Agency shall within forty-five (45) days of the effective date of Termination reimburse the

Contractor for its Performance rendered and accepted by the Agency in addition to all actual and

reasonable costs incurred after Termination in completing those portions of the Performance which the

notice required the Contractor to complete However the Contractor is not entitled to receive and the

Agency is not obligated to tender to the Contractor any payments for anticipated or lost profits Upon

request by the Agency the Contractor shall assign to the Agency or any replacement contractor which

the Agency designates all subcontracts purchase orders and other commitments deliver to the Agency

all Records and other information pertaining to its Performance and remove from State premises

whether leased or owned all of Contractorrsquos property equipment waste material and rubbish related to

its Performance all as the Agency may request

(f) For breach or violation of any of the provisions in the section concerning Representations and

Warranties the Agency may Terminate the Contract in accordance with its terms and revoke any

consents to assignments given as if the assignments had never been requested or consented to without

liability to the Contractor or Contractor Parties or any third party

(g) Upon Termination of the Contract all rights and obligations shall be null and void so that no party shall

Page 20 of 23

have any further rights or obligations to any other party except with respect to the sections which survive

Termination All representations warranties agreements and rights of the parties under the Contract

shall survive such Termination to the extent not otherwise limited in the Contract and without each one

of them having to be specifically mentioned in the Contract

(h) Termination of the Contract pursuant to this section shall not be deemed to be a breach of contract by

the Agency

4 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

(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 Contractorrsquos bid proposal 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

(b) The Contractor shall not be responsible for indemnifying or holding the State harmless from any liability

arising due to the negligence of the State or any other person or entity acting under the direct control or

supervision of the State

(c) 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

(d) 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

(e) 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 cause the State to be named as an additional insured

on the policy and shall provide (1) a certificate of insurance (2) the declaration page and (3) the

additional insured endorsement to the policy to the State and the Client Agency all in an electronic format

acceptable to the State prior to the Effective Date of the Contract evidencing that the State is an additional

insured The Contractor shall not begin Performance until the delivery of these three documents to the

Client Agency Contractor shall provide an annual electronic update of the three documents to the Client

Agency and the State on or before each anniversary of the Effective Date during the Contract term State

shall be entitled to recover under the insurance policy even if a body of competent jurisdiction determines

that State is contributorily negligent

(f) This section shall survive the Termination of the Contract and shall not be limited by reason of any

insurance coverage

5 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 and employees

which they 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

6 Protection of Confidential Information Contractor and Contractor Parties at their own expense have a duty to

and shall protect from a Confidential Information Breach any and all Confidential Information which they come

to possess or control wherever and however stored or maintained in a commercially reasonable manner in

accordance with current industry standards

(b) Each Contractor or Contractor Party shall develop implement and maintain a comprehensive data -

security program for the protection of Confidential Information The safeguards contained in such

Page 21 of 23

program shall be consistent with and comply with the safeguards for protection of Confidential

Information and information of a similar character as set forth in all applicable federal and state law

and written policy of the Agency or State concerning the confidentiality of Confidential Information

Such data-security program shall include but not be limited to the following

(1) A security policy for employees related to the storage access and transportation of data containing

Confidential Information

(2) Reasonable restrictions on access to records containing Confidential Information including access

to any locked storage where such records are kept

(3) A process for reviewing policies and security measures at least annually

(4) Creating secure access controls to Confidential Information including but not limited to passwords

and

(5) Encrypting of Confidential Information that is stored on laptops portable devices or being

transmitted electronically

(c) The Contractor and Contractor Parties shall notify the Agency and the Connecticut Office of the Attorney

General as soon as practical but no later than twenty-four (24) hours after they become aware of or

suspect that any Confidential Information which Contractor or Contractor Parties have come to possess

or control has been subject to a Confidential Information Breach If a Confidential Information Breach

has occurred the Contractor shall within three (3) business days after the notification present a credit

monitoring and protection plan to the Commissioner of Administrative Services the Agency and the

Connecticut Office of the Attorney General for review and approval Such credit monitoring or

protection plan shall be made available by the Contractor at its own cost and expense to all individuals

affected by the Confidential Information Breach Such credit monitoring or protection plan shall include

but is not limited to reimbursement for the cost of placing and lifting one (1) security freeze per credit

file pursuant to Connecticut General Statutes sect 36a-701a Such credit monitoring or protection plans

shall be approved by the State in accordance with this Section and shall cover a length of time

commensurate with the circumstances of the Confidential Information Breach The Contractorsrsquo costs

and expenses for the credit monitoring and protection plan shall not be recoverable from the Agency

any State of Connecticut entity or any affected individuals

(d) The Contractor shall incorporate the requirements of this Section in all subcontracts requiring each

Contractor Party to safeguard Confidential Information in the same manner as provided for in this

Section

(e) Nothing in this Section shall supersede in any manner Contractorrsquos or Contractor Partyrsquos obligations

pursuant to HIPAA or the provisions of this Contract concerning the obligations of the Contractor as a

Business Associate of Covered Entity

7 Executive Orders This 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 The Contract may also be subject to Executive Order No 14 of Governor

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

Executive Order No 49 of Governor Dannel P Malloy promulgated May 22 2015 mandating disclosure of

certain gifts to public employees and contributions to certain candidates for office If Executive Order 14 andor

Executive Order 49 are applicable they are deemed to be 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 or DAS shall provide a

copy of these orders to the Contractor

8 State Liability The State of Connecticut shall assume no liability for payment for services under the terms of

this agreement until the contractor is notified that this agreement has been accepted by the contracting agency

and if applicable approved by the Office of Policy and Management (OPM) or the Department of

Administrative Services (DAS) and by the Attorney General of the State of Connecticut

9 Distribution of Materials The Contractor shall obtain written approval from the Commissioner prior to the

distribution or publication of any materials prepared under the terms of this Contract Such approval shall not

be unreasonably withheld

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

approved in writing by the Commissioner at the Commissionerrsquos sole discretion In the event of any

Page 22 of 23

unapproved change in principal project staff the Commissioner may in the Commissionerrsquos sole discretion

terminate this Contract

11 Further Assurances The Parties shall provide such information execute and deliver any instruments and

documents and take such other actions as may be necessary or reasonably requested by the other Party which

are not inconsistent with the provisions of this Contract and which do not involve the vesting of rights or

assumption of obligations other than those provided for in the Contract in order to give full effect to the

Contract and to carry out the intent of the Contract

12 Third Party Participation The Contractor may make sub-awards using either its own competitive selection

process or the values established in the statersquos competitive selection process as outlined in DAS General Letter

71 whichever is more restrictive to conduct any of the tasks in the Scope of Work contained in Appendix A

The Contractor shall advise the Commissioner of the proposed sub-awardee and the amount allocated at least

two (2) weeks prior to the making of such awards The Commissioner reserves the right to disapprove such

awards if they appear to be inconsistent with the program activities to be conducted under this grant As

required by Sec 46a-68j-23 of the Connecticut Regulations of State Agencies the Contractor must make a good

faith effort based upon the availability of minority business enterprises in the labor market area to award a

reasonable proportion of all subcontracts to such enterprises When minority business enterprises are selected

the Contractor shall provide DEEP with a copy of the Affidavit for Certification of Subcontractors as Minority

Business Enterprises (MBE) along with a copy of the purchase order or contract engaging the Subcontractor

The Contractor shall be the sole point of contact concerning the management of the Contract including

performance and payment issues The Contractor is solely and completely responsible for adherence by any

subcontractor to all the applicable provisions of the Contract

13 Americans with Disabilities Act The Contractor shall be and remain in compliance with the Americans with

Disabilities Act of 1990 (ldquoActrdquo) to the extent applicable during the term of the Contract The DEEP may

cancel the Contract if the Contractor fails to comply with the Act

14 Affirmative Action and Sexual Harassment Policies The Contractor agrees to comply with the Departments

Affirmative Action and Sexual Harassment Policies available on DEEPrsquos web site Hard copies of the policy

statements are available upon request at DEEP

15 Breach If either Party breaches the Contract in any respect the non-breaching Party shall provide written

notice of the breach to the breaching Party and afford the breaching Party an opportunity to cure within ten (10)

days from the date that the breaching Party receives the notice In the case of a Contractor breach any other

time period which the Agency sets forth in the notice shall trump the ten (10) days The right to cure period

shall be extended if the non-breaching Party is satisfied that the breaching Party is making a good faith effort

to cure but the nature of the breach is such that it cannot be cured within the right to cure period The notice

may include an effective Contract Termination date if the breach is not cured by the stated date and unless

otherwise modified by the non-breaching Party in writing prior to the Termination date no further action shall

be required of any Party to effect the Termination as of the stated date If the notice does not set forth an

effective Contract Termination date then the non-breaching Party may Terminate the Contract by giving the

breaching Party no less than twenty four (24) hours prior written notice If the Agency believes that the

Contractor has not performed according to the Contract the Agency may withhold payment in whole or in part

pending resolution of the Performance issue provided that the Agency notifies the Contractor in writing prior

to the date that the payment would have been due

16 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

17 The Town Guarantee The Town shall furnish adequate protection from damage for all work and to repair any

damage of any kind for which he or his workmen are responsible to premises or any equipment to his own

work or to the work of the Agency pay for all permits licenses and fees and to give all notices and comply

with all laws ordinances rules and regulations of the city state and federal government

18 Force Majeure The Parties shall not be excused from their obligation to perform in accordance with the

Contract except in the case of Force Majeure events and as otherwise provided for in the Contract A Force

Majeure event materially affects the cost of the Goods or Services or the time schedule for performance and is

outside the control nor caused by the Parties In the case of any such exception the nonperforming Party shall

give immediate written notice to the other explaining the cause and probable duration of any such

Page 23 of 23

nonperformance

19 Entirety of Contract The Contract is the entire agreement between the Parties with respect to its subject matter

and supersedes all prior agreements proposals offers counteroffers and understandings of the Parties whether

written or oral The Contract has been entered into after full investigation neither Party relying upon any

statement or representation by the other unless such statement or representation is specifically embodied in the

Contract

20 Interpretation The Contract contains numerous references to statutes and regulations For purposes of

interpretation conflict resolution and otherwise the content of those statutes and regulations shall govern over

the content of the reference in the Contract to those statutes and regulations

A-1

Attachment A

Scope of Work

Mobile Food and Beverage Concession Services

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

covering each annual period of this contract shall reflect the following limits and shall be submitted

by the Concessionaire to the Department of Energy and Environmental Protection by April 1 of each

year this contract is in effect

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

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

damages arising from the destruction of or damage to property in any one accident or occurrence

In cases where any insurance policy shows an aggregate limit the aggregate shall apply solely to

the concession operation or the aggregate limit shall be not less than $2000000

b 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 from bodily injuries to or death of all persons in any one

accident or occurrence and for all damages arising from the destruction of or damage to property

in any one accident or occurrence In cases where any insurance policy shows an aggregate limit

the aggregate shall apply solely to the concession operation or the aggregate limit shall be not less

than $2000000

c The Concessionaire shall carry Workerrsquos Compensation insurance in accordance with the

requirements of the laws of the State of Connecticut

d Said coveragersquos are to be provided by insurance companies licensed by the State of Connecticut

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

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

2 Commodities and Price List

a The Concessionaire shall be allowed to sell food and beverages as approved in advance by the

Commissioner

b The Concessionaire shall be allowed to sell souvenirs and other outdoor recreation related

merchandise hereinafter referred to collectively as merchandise as approved in advance by the

Commissioner

c By April 1 of each year that this contract is in effect the Concessionaire shall submit for approval

a price list of all foods beverages and merchandise for sale hereinafter referred to collectively as

commodities to the Department of Energy and Environmental Protection Bureau of Outdoor

Recreation Division of State Parks and Public Outreach 79 Elm Street Hartford CT 06106-5127

d Any price increases or additions of commodities are subject to the prior written approval of the

Commissioner

e The Concessionaire shall post a price list of all commodities for sale in full public view while in

operation

f Whenever the park name is used on merchandise the complete park name shall be used

g The Concessionaire warrants that all commodities offered for sale shall not exceed in price nor be

substandard in quality or quantity to like commodities sold in the surrounding community

A-2

3 Sunscreen All concession operations in a park having a designated swimming area shall have

sunscreen with a Sun Protection Factor (SPF) of at least 15 for adults and 45 for children available for

sale to the general public

4 Use of Biodegradable Products To the extent practicable the Concessionaire agrees to use

recyclable and biodegradable products and packaging in all of its operations ie paper products or

products containing recycled contents The Concessionaire agrees to not dispense food or beverages

in close-celled foam-based containers

5 Prohibitions The Concessionaire shall not

a dispense food or beverages in glass containers

b dispense alcoholic beverages

c sell snorkels beach balls rafts or other inflatable or buoyant devices except US Coast Guard

approved personal flotation devices (PFDs)

d permit gratuities to employees of the State of Connecticut

e provide video or pinball games

6 Hours of Operation

a The Concessionaire may operate the Concession daily between 800 am and sunset on any day

that this contract is in effect

b From the Saturday before Memorial Day through July 4th the Concessionaire shall open the

concession on Saturdays Sundays and holidays not later than 1100 am except during inclement

weather and the concession shall remain open at least until three hours before but not later than

sunset

c From July 4th through Labor Day the Concessionaire shall open the concession daily not later than

1100 am except during inclement weather and the concession shall remain open at least until

three hours before but not later than sunset

d Deviations from the above stated schedules are allowable but must receive advanced approval in

writing from the Park and Recreation Supervisor

e When closing due to inclement weather the Concessionaire shall immediately notify the Park and

Recreation Supervisor The Concessionaire shall keep in the concession vehicle at all times a log

of all closures due to inclement weather and it shall be immediately available to the Park and

Recreation Supervisor upon request for inspection

f Within 30 days of closing the concession for the season but in no case later than December 31 of

each calendar year that this contract is in effect the Concessionaire shall submit an Annual

Inclement Weather Closure Report to the Park and Recreation Supervisor

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

the appropriate local health department prior to April 15th of each year this contract is in effect The

Concessionaire is responsible for and shall directly pay for any fees charged for such inspections

8 Health Department Permit The Concessionaire will annually obtain a ldquopermit to sellrdquo from the local

health department and submit a copy of said permit to the DEEP Division of State Parks amp Public

Outreach not later than April 30th of each year this contract is in effect Other Permits The

Concessionaire shall be solely responsible for securing any other licenses permits approvals or

waivers required by any other federal state regional or municipal authority having jurisdiction in the

town(s) in which the Concession is located

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

to state property without the prior written approval of DEEP Any improvements or permanent fixtures

approved by the DEEP and provided by the Concessionaire during the term of this contract shall

immediately become the property of the State of Connecticut

A-3

10 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

11 Refuse Disposal The Concessionaire at its sole expense shall be responsible for the proper disposal

and removal of all recyclables and trash generated by operation of the concession For additional

information see the DEEP website for Managing Waste and Recycling at Special Events and Other

Venues the direct URL address for which is

httpwwwctgovdepcwpviewaspa=2714ampq=434054ampdepNav_GID=1645

12 General Maintenance The Concessionaire shall be responsible for maintaining the Concession area

in a clean sanitary and orderly manner

13 Exclusivity With the exception of vending machines and commodities having prior written approval

for DEEP sanctioned events including but not limited to events authorized by a Special Use License

the Concessionaire shall have the exclusive right to sell commodities within the property named

herein

14 Vending Machines The State of Connecticut Board of Education and Services for the Blind (BESB)

shall have exclusive rights to vending machines on the premises of the concessions and other

authorized areas within the park or forest for the purpose of vending foods and beverages and to collect

receipts there from provided that the number and locations of such vending machines shall receive

prior written approval from a representative of the DEEP

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

contract shall prevent visitors from bringing food to the park and preparing such food for personal

consumption including dispensing such food at no charge to other park visitors Park visitors may

also utilize private catering services with advanced written approval of the Park and Recreation

Supervisor Said catering services may only be permitted with the condition that no financial

transactions occur on DEEP property

16 Concession Staffing The concession shall be staffed only by the Concessionaire or its employee(s)

or other agents identified herein unless otherwise authorized by the Commissioner in writing

17 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

18 Appearance The Concessionaire and its 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

19 Audible Devices The Concessionaire shall activate audible devices (loudspeakers music bells etc)

only in accordance with instructions provided by the Park and Recreation Supervisor Instructions are

subject to change immediately at the discretion of the Park and Recreation Supervisor

20 Concession Location Unless authorized by the Park and Recreation Supervisor to do otherwise the

Concessionaire agrees to

a identify all park-and-sit locations or drive-through routes on a park map

b confine all concession operations to the designated Concession areas

c confine all sales and advertising to the concession vehicle

d provide garbage and recycling receptacles for customer use

21 Food Inspection An authorized representative of the Commissioner may conduct an unannounced

in-season food inspection once per calendar year Upon request the Concessionaire shall provide a

A-4

range of food and beverage items proportionate to one meal to the Commissionerrsquos

representative for food-tasting purposes

22 Financial Reporting Within 30 days of closing the Concession for the season but in no case

later than December 31 of each calendar year that this contract is in effect the Concessionaire

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

Commissioner of the Superior Court to Department of Energy and Environmental Protection

Bureau of Outdoor Recreation Division of State Parks and Public Outreach 79 Elm Street

Hartford CT 06106-5127

23 Revenue DEEP shall have no responsibility for revenue loss directly or indirectly attributable

to DEEP management actions including but not limited to changes in park or campground

schedules or operations or in services provided to the visiting public DEEP shall have no

responsibility for revenue loss directly or indirectly attributable to uncontrollable phenomena

including but not limited to attendance loss weather conditions or other Acts of God

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

Energy and Environmental Protection regarding State Park and Forest Recreation Areas and

with any other department policy concerning the operation of concessions

The parties have hereunto set their hands

SIGNED AND DELIVERED below

STATE OF CONNECTICUT

Department of Energy and Environmental

Protection

CONCESSIONAIRE

BY BY

Date Date

Contract ______________

Acct Fund SID DeptId Prog Project Bud

Ref Amount

Funds available Date

Attorney General (Approved as to Form) Date

Page 9: REQUEST FOR PROPOSALS (RFP) Management, Operation and

Page 9 of 23

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

by DEEP

D The Proposer agrees that the proposal will remain valid for a period of 180 days after

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

agreement

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

to be necessary appropriate or otherwise in the best interests of DEEP Failure to

acknowledge 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 DEEP or its designee with the

exception of personnel who have terminated employment Replacements for personnel

who have terminated employment are subject to approval by DEEP or its designee At

its discretion DEEP 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 DEEP

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 DEEP

at the Proposerrsquos sole cost and expense

J 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 DEEP

participated directly in the Proposerrsquos proposal preparation

K All responses to the RFP must conform to instruction Failure to include any required

signatures provide the required number of copies to 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

L The contract will represent the entire agreement between the Proposer and DEEP and

will supersede all prior negotiations representations or agreements alleged or made

between the parties DEEP 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 DEEP and by the AGrsquos Office The contract may

be amended only by means of a written instrument signed by DEEP the Proposer and

the AGrsquos Office

Page 10 of 23

M Contractor shall interact with the United States Coast Guard (USCG) as required to

maintain the designation of the facility as a Public Access Facility including but not

limited to any periodic revalidation process requested by the USCG

12 Rights Reserved to DEEP

The DEEP 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

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

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

its judgment the best interest of DEEP will be served

DEEP 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 DEEP shall not constitute a breach of contract on the part of DEEP since the contract with

the initial Proposer is deemed to be void from the beginning and of no effect as if no contract

ever existed between DEEP and the Proposer

13 Agencyrsquos Standard Contract and Conditions

The Proposer must accept DEEPrsquos standard contract language and conditions See Attachment

for Standard Contract Conditions

14 Park Descriptions

A Location

The Eagle Landing State Park property is located at 19 Bridge Road in Haddam

Connecticut and borders the western riverbank of the Connecticut River

B Access

Eagle Landing State Park can be accessed from the West following Route 9 to Exit 7(Rt

82 E) or from the East following Route 82 over the swing bridge

C Property Existing Conditions

The Eagle Landing property is approximately 16 acres and includes four (4) docks three

parking areas an access road a small outbuilding with a power supply and two butler-

style buildings in the northeastern corner of the property Approximately 20 acres on the

eastern portion of the site is flat and lies within the floodplain of the river It was

previously used as a parking area by the previous owner The parking lots are divided

into several distinct lots and are delineated by guardrails The lots can be gated off when

not in use During the spring thaw the property has had a history of being flooded in

areas for multiple days

The park has 1100 feet+ of frontage along the Connecticut River The Connecticut River

is navigable from Long Island Sound northward to Hartford Much of the Connecticut

River view shed is lined with trees and low-lying vegetation giving the river a

ldquowildernessrdquo feel The Connecticut River is the most popular recreational waterway in

Connecticut supporting thousands of cruising vessels and recreational boats and numerous

marinas It is also a very active commercial waterway with hundreds of barges traveling

Page 11 of 23

on the river supplying the fuel docks and tank farms with oil for the cities and towns in

the CT River Valley

The western portion of the property slopes upward to meet a rail line owned by the State

of Connecticut Department of Energy amp Environmental Protection and maintained and

operated by the Valley Railroad Company The Valley Railroad Company operates the

Essex Steam Train

The concession area is delineated by a yellow dashed line as shown on the attached

concession area map Beginning at the northern portion of the concession area the

following structuresinfrastructure are included in the concession contract One butler-

style building (westernmost butlerndashstyle building) Parking Lot 1 Docks1 and 2 use

of the access road use of small former ticket booth building with available power in the

successful proposerrsquos name and Dock 3

The area located to the south of the concession area is approximately 7+ acres but only 4

acres are developed The undeveloped parcel is proposed to become a public boat ramp

facility and is currently being analyzed for resource and engineering issues Included in

this parcel is Dock 4 and Parking Lots 2 and 3 While this property located to the

south of the concession area will not be part of the bid or agreement for Boat

DockingEducational purposes it will be offered to the successful proposer for use as a

docking facility under a short-term Special Use License This license will expire as soon

as construction on the boat ramp commences

It should be noted that the access road to the Eagle Landing property must be kept open

for access by the private residential properties to the south of Eagle Landing

D Existing Condition of Dock

A few minor repairs would help improve the condition of Docks 1 2 and 3 but all are

functioning and usable in their present condition Dock 4 which is not included in the

concession contract has sustained significant damage is not currently usable and is

considered a safety hazard The Concessionaire or Special Use License Holder would be

responsible to certify that the docks can safely secure the size vessel(s) to be used

throughout the duration of this concession The depth of the water on the river side of

the dock varies from 16 feet to 19 feet There is submerged aquatic vegetation between

the docks and the riverbank that may contain species of concern

Before the commencement of any dock maintenance activity to the 4 docks described

above DEEPrsquos Natural Diversity Data Base (NDDB shall be consulted and DEEPrsquos

Land amp Water Resources Division (LWRD) shall be contacted to determine if a permit is

required for such work

E Adjacent Uses

Northward The northern boundary of Eagle Landing State Park is a private home and

CT State Route 82 There is a fence between the State park and the private property The

Page 12 of 23

East Haddam Swing Bridge spans the Connecticut River just north of Dock 1 (See

Attachment D) Andrews Marina is situated on the north side of Route 82

Southward The southern boundary of Eagle Landing State Park is bounded by a

development of private cottages There is an unpaved road which provides residents of

these cottages access to their homes Vehicles utilizing the Boat Concession or the Boat

Ramp may not park along the shoulders of the road or block it in any way

F ZoningSurrounding Land Use

The Town of Haddam zoned this property as ldquoCommercialrdquo and also ldquoState Park amp

Forestrdquo Commercial Boating activities are permitted in the Commercial Zone Eagle

Landing State Park is bounded on both the north and south by a ldquoLow density

RuralResidential Zonerdquo The town recommends a vegetative buffer between Commercial

uses and Residential areas Overlying the entire parcel is the Federal Emergency

Management Administration (FEMA) 100-year Flood Plain zone FEMA requirements

must be applied to any new development so as not to exacerbate flooding events

G Connecticut River Gateway Commission

Eagle Landing lies within the CT River Gateway Conservation Zone

In 1973 the Connecticut General Assembly passed legislation allowing the establishment

of the Connecticut River Gateway Commission a state-local compact for the protection

of the Lower Connecticut River Valley Then and now this valley is widely recognized

as one of the most important natural recreational and scenic areas of the State of

Connecticut One year later in July 1974 the Commission became operational with the

Connecticut Department of Environmental Protection two regional planning agencies and

all eight eligible towns participating

The Gateway Conservation Zone which is the geographic focus of the Commissions

activities is approximately thirty miles in length and includes those portions of the eight

member towns (Chester Deep River East Haddam Essex Haddam Lyme Old Lyme

Old Saybrook) lying within view of the river In recent years it has become an area of

interest for a number of other environmental organizations as well The Nature

Conservancy has designated the Connecticut River Tidelands as one of its Last Great

Places the Connecticut Department of Energy amp Environmental Protection has obtained

the recognition of the rivers tidelands as internationally significant wetlands under the

terms of the International Ramsar Convention the Secretary of the US Department of

Interior has publicly recognized the lower Connecticut River valley as one of the most

important ecological landscapes in the United States and in 1999 the River was

designated as one of 14 American Heritage Rivers by the President of the United States

The mission of this Commission given to it by the Connecticut General Assembly nearly

two decades ago is to preserve the unique scenic ecological scientific and historic

values of the lower Connecticut River valley for the enjoyment of present and future

generations of Connecticut citizens

Page 13 of 23

Development beyond what has previously been permitted must be reviewed by the

Gateway Commission to ensure that it meets the mission and goals of the Gateway

Commission

H Limitations on the Site

A Hours of Operation Hours of Operation of the Concession shall be limited to Sunrise

until 200AM (0200 Hrs)

B Overnight Parking All vehicles must vacate the property by 200 AM (0200Hrs)

C Alcohol Service will be limited to the vessel No alcohol service shall be allowed on

the docks or in other locations on the property

D Amplified sound (bands DJ etc) with the exception of safety instructions shall

not commence until vessels have departed from the dock and must cease prior to final

docking

E Concession shall not sublet any part of the property unless approved by the

Department of Energy amp Environmental Protection

F No new structures shall be erected and no maintenance shall be done to the existing

docks unless approved in writing by the Commissioner or Designee of the

Department of Energy amp Environmental Protection and all applicable permits have

been obtained

Page 14 of 23

Maps of Site

Page 15 of 23

Page 16 of 23

LETTER OF INTENT TO SUBMIT A PROPOSAL

State of Connecticut

Department of Energy amp Environmental Protection

RFP for Eagle Landing State Park

Return to Tenia Seay

Department of Energy amp Environmental Protection

Bureau of Outdoor Recreation

79 Elm Street

Hartford CT 06106-5127

860-424-3064 (Phone)

860-424-4070 (FAX)

Return Deadline 400 pm July 20 2020

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 17 of 23

STATE OF CONNECTICUT

DEPARTMENT OF ENERGY AND ENVIRONMENTAL PROTECTION

BUREAU OF OUTDOOR RECREATION AND

CONNECTICUT STATE PARK AND FOREST RECREATION AREA

MOBILE FOOD AND BEVERAGE CONCESSION

THIS CONTRACT is made by and between the STATE OF CONNECTICUT acting herein by

the Commissioner of the Department of Energy and Environmental Protection hereinafter referred

to as Commissionerrdquo or DEEP or ldquoStaterdquo and [Insert Concessionaire] of the Town of

Waterbury and the state of Connecticut hereinafter referred to as the Concessionaire or

ldquoContractorrdquo

WITNESSETH

WHEREAS the Commissioner of Energy and Environmental Protection 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 a Mobile Food and Beverage Concession

Service and render services to the public at

[Insert Name of Location]

NOW THEREFORE it is hereby agreed as follows

1 Mobile Food and Beverage Concession Service The Concessionaire agrees to operate a

Mobile Food and Beverage Concession Service at the above noted facility The Concessionaire

is responsible for all work included in this Contract Details regarding the Scope of Work are

included in Attachment A which is attached hereto and is hereby made a part of this contract

2 Duration The Commissioner hereby grants to the Concessionaire the exclusive right to

operate the above Mobile Food and Beverage Concession Service at the location identified for

the period commencing upon contract execution through [insert expiration date] At the

Commissionerrsquos sole discretion this contract may be renewed for up to [Insert number] years

without further competition

3 Payment In consideration of said rights and privileges the Concessionaire agrees to pay a

total of [insert amount] to the State of Connecticut due by [insert date] Payments shall be

made by check draft or money order payable to Treasurer State of Connecticut and

delivered or mailed to the Department of Energy and Environmental Protection Accounts

Receivable 79 Elm Street Hartford Connecticut 06106-5127

4 Nondisclosure Contactor shall not release any information concerning the services provided

pursuant to the Contract 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

Page 18 of 23

STANDARD TERMS AND CONDITIONS (Rev 8302019)

1 Definitions

(a) State The State of Connecticut including the Department of Energy and Environmental Protection and

any office department board council commission institution or other agency of the State

(b) Commissioner The Commissioner of Energy and Environmental Protection or the Commissionerrsquos

designated agent

(c) Parties The Department of Energy and Environmental Protection (DEEP or Agency) and the Contractor

(d) Contractor Parties Contractor Parties shall be defined as a Contractorrsquos members directors officers

shareholders partners managers principal officers representatives agents servants consultants employees

or any one of them or any other person or entity with whom the Contractor is in privity of oral or written

contract and the Contractor intends for such other person or entity to Perform under the Contract in any

capacity To the extent that any Contractor Party is to participate or Perform in any way directly or indirectly

in connection with the Contract any reference in the Contract to the ldquoContractorrdquo shall also be deemed to

include ldquoContractor Partiesrdquo as if such reference had originally specifically included ldquoContractor Partiesrdquo

since it is the Partiesrsquo intent for the terms ldquoContractor Partiesrdquo to be vested with the same respective rights

and obligations as the terms ldquoContractorrdquo

(e) Contract This agreement as of its Effective Date between the Contractor and the State for any or all

goods or services as more particularly described in Appendix A

(f) Execution This contract shall be fully executed when it has been signed by authorized representatives

of the parties and if it is for an amount of Twenty-five thousand dollars ($2500000) or more by the

authorized representative of the state Attorney Generals office

(g) Exhibits All attachments appendices or exhibits referred to in and attached to this Contract are

incorporated in this Contract by such reference and shall be deemed to be a part of it as if they had been fully

set forth in it

(h) Records For the purposes of this Contract records are defined as all working papers and such other

information and materials as may have been accumulated by the Contractor in performing the Contract

including but not limited to documents data plans books computations drawings specifications notes

reports records estimates summaries and correspondence kept or stored in any form

(i) Confidential Information Confidential Information shall mean any name number or other information

that may be used alone or in conjunction with any other information to identify a specific individual

including but not limited to such individuals name date of birth mothers maiden name motor vehicle

operators license number Social Security number employee identification number employer or taxpayer

identification number alien registration number government passport number health insurance

identification number demand deposit account number savings account number credit card number debit

card number or unique biometric data such as fingerprint voice print retina or iris image or other unique

physical representation Without limiting the foregoing Confidential Information shall also include any

information that the Department classifies as ldquoconfidentialrdquo or ldquorestrictedrdquo Confidential Information shall

not include information that may be lawfully obtained from publicly available sources or from federal state

or local government records which are lawfully made available to the general public

(j) Confidential Information Breach Confidential Information Breach shall mean generally an instance

where an unauthorized person or entity accesses Confidential Information in any manner including but not

limited to the following occurrences (1) any Confidential Information that is not encrypted or protected is

misplaced lost stolen or in any way compromised (2) one or more third parties have had access to or taken

control or possession of any Confidential Information that is not encrypted or protected without prior written

authorization from the State (3) the unauthorized acquisition of encrypted or protected Confidential

Information together with the confidential process or key that is capable of compromising the integrity of the

Confidential Information or (4) if there is a substantial risk of identity theft or fraud to the client the

Contractor the Department or State

Page 19 of 23

(k) Claim Claim shall mean all actions suits claims demands investigations and proceedings of any kind

open pending or threatened whether mature unmatured contingent known or unknown at law or in equity

in any forum

2 Forum and Choice of Law The parties deem the Contract 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 laws 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

3 Termination

(a) Notwithstanding any provisions in this Contract the Agency 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 The Agency shall notify the Contractor in writing of Termination pursuant

to this section which notice shall specify the effective date of Termination and the extent to which the

Contractor must complete its Performance under the Contract prior to such date

(b) Notwithstanding any provisions in this Contract the Agency through a duly authorized employee may

after making a written determination that the Contractor has breached the Contract Terminate the

Contract in accordance with the provisions in the Breach section of this Contract

(c) The Agency shall send the notice of Termination via certified mail return receipt requested to the

Contractor at the most current address which the Contractor has furnished to the Agency for purposes of

correspondence or by hand delivery Upon receiving the notice from the Agency the Contractor shall

immediately discontinue all services affected in accordance with the notice undertake all commercially

reasonable efforts to mitigate any losses or damages and deliver to the Agency all Records The Records

are deemed to be the property of the Agency and the Contractor shall deliver them to the Agency no later

than thirty (30) days after the Termination of the Contract or fifteen (15) days after the Contractor

receives a written request from the Agency for the Records The Contractor shall deliver those Records

that exist in electronic magnetic or other intangible form in a non-proprietary format such as but not

limited to ASCII or TXT

(d) Upon receipt of a written notice of Termination from the Agency the Contractor shall cease operations

as the Agency directs in the notice and take all actions that are necessary or appropriate or that the

Agency may reasonably direct for the protection and preservation of the Goods and any other property

Except for any work which the Agency directs the Contractor to Perform in the notice prior to the

effective date of Termination and except as otherwise provided in the notice the Contractor shall

terminate or conclude all existing subcontracts and purchase orders and shall not enter into any further

subcontracts purchase orders or commitments

(e) The Agency shall within forty-five (45) days of the effective date of Termination reimburse the

Contractor for its Performance rendered and accepted by the Agency in addition to all actual and

reasonable costs incurred after Termination in completing those portions of the Performance which the

notice required the Contractor to complete However the Contractor is not entitled to receive and the

Agency is not obligated to tender to the Contractor any payments for anticipated or lost profits Upon

request by the Agency the Contractor shall assign to the Agency or any replacement contractor which

the Agency designates all subcontracts purchase orders and other commitments deliver to the Agency

all Records and other information pertaining to its Performance and remove from State premises

whether leased or owned all of Contractorrsquos property equipment waste material and rubbish related to

its Performance all as the Agency may request

(f) For breach or violation of any of the provisions in the section concerning Representations and

Warranties the Agency may Terminate the Contract in accordance with its terms and revoke any

consents to assignments given as if the assignments had never been requested or consented to without

liability to the Contractor or Contractor Parties or any third party

(g) Upon Termination of the Contract all rights and obligations shall be null and void so that no party shall

Page 20 of 23

have any further rights or obligations to any other party except with respect to the sections which survive

Termination All representations warranties agreements and rights of the parties under the Contract

shall survive such Termination to the extent not otherwise limited in the Contract and without each one

of them having to be specifically mentioned in the Contract

(h) Termination of the Contract pursuant to this section shall not be deemed to be a breach of contract by

the Agency

4 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

(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 Contractorrsquos bid proposal 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

(b) The Contractor shall not be responsible for indemnifying or holding the State harmless from any liability

arising due to the negligence of the State or any other person or entity acting under the direct control or

supervision of the State

(c) 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

(d) 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

(e) 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 cause the State to be named as an additional insured

on the policy and shall provide (1) a certificate of insurance (2) the declaration page and (3) the

additional insured endorsement to the policy to the State and the Client Agency all in an electronic format

acceptable to the State prior to the Effective Date of the Contract evidencing that the State is an additional

insured The Contractor shall not begin Performance until the delivery of these three documents to the

Client Agency Contractor shall provide an annual electronic update of the three documents to the Client

Agency and the State on or before each anniversary of the Effective Date during the Contract term State

shall be entitled to recover under the insurance policy even if a body of competent jurisdiction determines

that State is contributorily negligent

(f) This section shall survive the Termination of the Contract and shall not be limited by reason of any

insurance coverage

5 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 and employees

which they 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

6 Protection of Confidential Information Contractor and Contractor Parties at their own expense have a duty to

and shall protect from a Confidential Information Breach any and all Confidential Information which they come

to possess or control wherever and however stored or maintained in a commercially reasonable manner in

accordance with current industry standards

(b) Each Contractor or Contractor Party shall develop implement and maintain a comprehensive data -

security program for the protection of Confidential Information The safeguards contained in such

Page 21 of 23

program shall be consistent with and comply with the safeguards for protection of Confidential

Information and information of a similar character as set forth in all applicable federal and state law

and written policy of the Agency or State concerning the confidentiality of Confidential Information

Such data-security program shall include but not be limited to the following

(1) A security policy for employees related to the storage access and transportation of data containing

Confidential Information

(2) Reasonable restrictions on access to records containing Confidential Information including access

to any locked storage where such records are kept

(3) A process for reviewing policies and security measures at least annually

(4) Creating secure access controls to Confidential Information including but not limited to passwords

and

(5) Encrypting of Confidential Information that is stored on laptops portable devices or being

transmitted electronically

(c) The Contractor and Contractor Parties shall notify the Agency and the Connecticut Office of the Attorney

General as soon as practical but no later than twenty-four (24) hours after they become aware of or

suspect that any Confidential Information which Contractor or Contractor Parties have come to possess

or control has been subject to a Confidential Information Breach If a Confidential Information Breach

has occurred the Contractor shall within three (3) business days after the notification present a credit

monitoring and protection plan to the Commissioner of Administrative Services the Agency and the

Connecticut Office of the Attorney General for review and approval Such credit monitoring or

protection plan shall be made available by the Contractor at its own cost and expense to all individuals

affected by the Confidential Information Breach Such credit monitoring or protection plan shall include

but is not limited to reimbursement for the cost of placing and lifting one (1) security freeze per credit

file pursuant to Connecticut General Statutes sect 36a-701a Such credit monitoring or protection plans

shall be approved by the State in accordance with this Section and shall cover a length of time

commensurate with the circumstances of the Confidential Information Breach The Contractorsrsquo costs

and expenses for the credit monitoring and protection plan shall not be recoverable from the Agency

any State of Connecticut entity or any affected individuals

(d) The Contractor shall incorporate the requirements of this Section in all subcontracts requiring each

Contractor Party to safeguard Confidential Information in the same manner as provided for in this

Section

(e) Nothing in this Section shall supersede in any manner Contractorrsquos or Contractor Partyrsquos obligations

pursuant to HIPAA or the provisions of this Contract concerning the obligations of the Contractor as a

Business Associate of Covered Entity

7 Executive Orders This 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 The Contract may also be subject to Executive Order No 14 of Governor

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

Executive Order No 49 of Governor Dannel P Malloy promulgated May 22 2015 mandating disclosure of

certain gifts to public employees and contributions to certain candidates for office If Executive Order 14 andor

Executive Order 49 are applicable they are deemed to be 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 or DAS shall provide a

copy of these orders to the Contractor

8 State Liability The State of Connecticut shall assume no liability for payment for services under the terms of

this agreement until the contractor is notified that this agreement has been accepted by the contracting agency

and if applicable approved by the Office of Policy and Management (OPM) or the Department of

Administrative Services (DAS) and by the Attorney General of the State of Connecticut

9 Distribution of Materials The Contractor shall obtain written approval from the Commissioner prior to the

distribution or publication of any materials prepared under the terms of this Contract Such approval shall not

be unreasonably withheld

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

approved in writing by the Commissioner at the Commissionerrsquos sole discretion In the event of any

Page 22 of 23

unapproved change in principal project staff the Commissioner may in the Commissionerrsquos sole discretion

terminate this Contract

11 Further Assurances The Parties shall provide such information execute and deliver any instruments and

documents and take such other actions as may be necessary or reasonably requested by the other Party which

are not inconsistent with the provisions of this Contract and which do not involve the vesting of rights or

assumption of obligations other than those provided for in the Contract in order to give full effect to the

Contract and to carry out the intent of the Contract

12 Third Party Participation The Contractor may make sub-awards using either its own competitive selection

process or the values established in the statersquos competitive selection process as outlined in DAS General Letter

71 whichever is more restrictive to conduct any of the tasks in the Scope of Work contained in Appendix A

The Contractor shall advise the Commissioner of the proposed sub-awardee and the amount allocated at least

two (2) weeks prior to the making of such awards The Commissioner reserves the right to disapprove such

awards if they appear to be inconsistent with the program activities to be conducted under this grant As

required by Sec 46a-68j-23 of the Connecticut Regulations of State Agencies the Contractor must make a good

faith effort based upon the availability of minority business enterprises in the labor market area to award a

reasonable proportion of all subcontracts to such enterprises When minority business enterprises are selected

the Contractor shall provide DEEP with a copy of the Affidavit for Certification of Subcontractors as Minority

Business Enterprises (MBE) along with a copy of the purchase order or contract engaging the Subcontractor

The Contractor shall be the sole point of contact concerning the management of the Contract including

performance and payment issues The Contractor is solely and completely responsible for adherence by any

subcontractor to all the applicable provisions of the Contract

13 Americans with Disabilities Act The Contractor shall be and remain in compliance with the Americans with

Disabilities Act of 1990 (ldquoActrdquo) to the extent applicable during the term of the Contract The DEEP may

cancel the Contract if the Contractor fails to comply with the Act

14 Affirmative Action and Sexual Harassment Policies The Contractor agrees to comply with the Departments

Affirmative Action and Sexual Harassment Policies available on DEEPrsquos web site Hard copies of the policy

statements are available upon request at DEEP

15 Breach If either Party breaches the Contract in any respect the non-breaching Party shall provide written

notice of the breach to the breaching Party and afford the breaching Party an opportunity to cure within ten (10)

days from the date that the breaching Party receives the notice In the case of a Contractor breach any other

time period which the Agency sets forth in the notice shall trump the ten (10) days The right to cure period

shall be extended if the non-breaching Party is satisfied that the breaching Party is making a good faith effort

to cure but the nature of the breach is such that it cannot be cured within the right to cure period The notice

may include an effective Contract Termination date if the breach is not cured by the stated date and unless

otherwise modified by the non-breaching Party in writing prior to the Termination date no further action shall

be required of any Party to effect the Termination as of the stated date If the notice does not set forth an

effective Contract Termination date then the non-breaching Party may Terminate the Contract by giving the

breaching Party no less than twenty four (24) hours prior written notice If the Agency believes that the

Contractor has not performed according to the Contract the Agency may withhold payment in whole or in part

pending resolution of the Performance issue provided that the Agency notifies the Contractor in writing prior

to the date that the payment would have been due

16 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

17 The Town Guarantee The Town shall furnish adequate protection from damage for all work and to repair any

damage of any kind for which he or his workmen are responsible to premises or any equipment to his own

work or to the work of the Agency pay for all permits licenses and fees and to give all notices and comply

with all laws ordinances rules and regulations of the city state and federal government

18 Force Majeure The Parties shall not be excused from their obligation to perform in accordance with the

Contract except in the case of Force Majeure events and as otherwise provided for in the Contract A Force

Majeure event materially affects the cost of the Goods or Services or the time schedule for performance and is

outside the control nor caused by the Parties In the case of any such exception the nonperforming Party shall

give immediate written notice to the other explaining the cause and probable duration of any such

Page 23 of 23

nonperformance

19 Entirety of Contract The Contract is the entire agreement between the Parties with respect to its subject matter

and supersedes all prior agreements proposals offers counteroffers and understandings of the Parties whether

written or oral The Contract has been entered into after full investigation neither Party relying upon any

statement or representation by the other unless such statement or representation is specifically embodied in the

Contract

20 Interpretation The Contract contains numerous references to statutes and regulations For purposes of

interpretation conflict resolution and otherwise the content of those statutes and regulations shall govern over

the content of the reference in the Contract to those statutes and regulations

A-1

Attachment A

Scope of Work

Mobile Food and Beverage Concession Services

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

covering each annual period of this contract shall reflect the following limits and shall be submitted

by the Concessionaire to the Department of Energy and Environmental Protection by April 1 of each

year this contract is in effect

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

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

damages arising from the destruction of or damage to property in any one accident or occurrence

In cases where any insurance policy shows an aggregate limit the aggregate shall apply solely to

the concession operation or the aggregate limit shall be not less than $2000000

b 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 from bodily injuries to or death of all persons in any one

accident or occurrence and for all damages arising from the destruction of or damage to property

in any one accident or occurrence In cases where any insurance policy shows an aggregate limit

the aggregate shall apply solely to the concession operation or the aggregate limit shall be not less

than $2000000

c The Concessionaire shall carry Workerrsquos Compensation insurance in accordance with the

requirements of the laws of the State of Connecticut

d Said coveragersquos are to be provided by insurance companies licensed by the State of Connecticut

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

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

2 Commodities and Price List

a The Concessionaire shall be allowed to sell food and beverages as approved in advance by the

Commissioner

b The Concessionaire shall be allowed to sell souvenirs and other outdoor recreation related

merchandise hereinafter referred to collectively as merchandise as approved in advance by the

Commissioner

c By April 1 of each year that this contract is in effect the Concessionaire shall submit for approval

a price list of all foods beverages and merchandise for sale hereinafter referred to collectively as

commodities to the Department of Energy and Environmental Protection Bureau of Outdoor

Recreation Division of State Parks and Public Outreach 79 Elm Street Hartford CT 06106-5127

d Any price increases or additions of commodities are subject to the prior written approval of the

Commissioner

e The Concessionaire shall post a price list of all commodities for sale in full public view while in

operation

f Whenever the park name is used on merchandise the complete park name shall be used

g The Concessionaire warrants that all commodities offered for sale shall not exceed in price nor be

substandard in quality or quantity to like commodities sold in the surrounding community

A-2

3 Sunscreen All concession operations in a park having a designated swimming area shall have

sunscreen with a Sun Protection Factor (SPF) of at least 15 for adults and 45 for children available for

sale to the general public

4 Use of Biodegradable Products To the extent practicable the Concessionaire agrees to use

recyclable and biodegradable products and packaging in all of its operations ie paper products or

products containing recycled contents The Concessionaire agrees to not dispense food or beverages

in close-celled foam-based containers

5 Prohibitions The Concessionaire shall not

a dispense food or beverages in glass containers

b dispense alcoholic beverages

c sell snorkels beach balls rafts or other inflatable or buoyant devices except US Coast Guard

approved personal flotation devices (PFDs)

d permit gratuities to employees of the State of Connecticut

e provide video or pinball games

6 Hours of Operation

a The Concessionaire may operate the Concession daily between 800 am and sunset on any day

that this contract is in effect

b From the Saturday before Memorial Day through July 4th the Concessionaire shall open the

concession on Saturdays Sundays and holidays not later than 1100 am except during inclement

weather and the concession shall remain open at least until three hours before but not later than

sunset

c From July 4th through Labor Day the Concessionaire shall open the concession daily not later than

1100 am except during inclement weather and the concession shall remain open at least until

three hours before but not later than sunset

d Deviations from the above stated schedules are allowable but must receive advanced approval in

writing from the Park and Recreation Supervisor

e When closing due to inclement weather the Concessionaire shall immediately notify the Park and

Recreation Supervisor The Concessionaire shall keep in the concession vehicle at all times a log

of all closures due to inclement weather and it shall be immediately available to the Park and

Recreation Supervisor upon request for inspection

f Within 30 days of closing the concession for the season but in no case later than December 31 of

each calendar year that this contract is in effect the Concessionaire shall submit an Annual

Inclement Weather Closure Report to the Park and Recreation Supervisor

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

the appropriate local health department prior to April 15th of each year this contract is in effect The

Concessionaire is responsible for and shall directly pay for any fees charged for such inspections

8 Health Department Permit The Concessionaire will annually obtain a ldquopermit to sellrdquo from the local

health department and submit a copy of said permit to the DEEP Division of State Parks amp Public

Outreach not later than April 30th of each year this contract is in effect Other Permits The

Concessionaire shall be solely responsible for securing any other licenses permits approvals or

waivers required by any other federal state regional or municipal authority having jurisdiction in the

town(s) in which the Concession is located

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

to state property without the prior written approval of DEEP Any improvements or permanent fixtures

approved by the DEEP and provided by the Concessionaire during the term of this contract shall

immediately become the property of the State of Connecticut

A-3

10 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

11 Refuse Disposal The Concessionaire at its sole expense shall be responsible for the proper disposal

and removal of all recyclables and trash generated by operation of the concession For additional

information see the DEEP website for Managing Waste and Recycling at Special Events and Other

Venues the direct URL address for which is

httpwwwctgovdepcwpviewaspa=2714ampq=434054ampdepNav_GID=1645

12 General Maintenance The Concessionaire shall be responsible for maintaining the Concession area

in a clean sanitary and orderly manner

13 Exclusivity With the exception of vending machines and commodities having prior written approval

for DEEP sanctioned events including but not limited to events authorized by a Special Use License

the Concessionaire shall have the exclusive right to sell commodities within the property named

herein

14 Vending Machines The State of Connecticut Board of Education and Services for the Blind (BESB)

shall have exclusive rights to vending machines on the premises of the concessions and other

authorized areas within the park or forest for the purpose of vending foods and beverages and to collect

receipts there from provided that the number and locations of such vending machines shall receive

prior written approval from a representative of the DEEP

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

contract shall prevent visitors from bringing food to the park and preparing such food for personal

consumption including dispensing such food at no charge to other park visitors Park visitors may

also utilize private catering services with advanced written approval of the Park and Recreation

Supervisor Said catering services may only be permitted with the condition that no financial

transactions occur on DEEP property

16 Concession Staffing The concession shall be staffed only by the Concessionaire or its employee(s)

or other agents identified herein unless otherwise authorized by the Commissioner in writing

17 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

18 Appearance The Concessionaire and its 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

19 Audible Devices The Concessionaire shall activate audible devices (loudspeakers music bells etc)

only in accordance with instructions provided by the Park and Recreation Supervisor Instructions are

subject to change immediately at the discretion of the Park and Recreation Supervisor

20 Concession Location Unless authorized by the Park and Recreation Supervisor to do otherwise the

Concessionaire agrees to

a identify all park-and-sit locations or drive-through routes on a park map

b confine all concession operations to the designated Concession areas

c confine all sales and advertising to the concession vehicle

d provide garbage and recycling receptacles for customer use

21 Food Inspection An authorized representative of the Commissioner may conduct an unannounced

in-season food inspection once per calendar year Upon request the Concessionaire shall provide a

A-4

range of food and beverage items proportionate to one meal to the Commissionerrsquos

representative for food-tasting purposes

22 Financial Reporting Within 30 days of closing the Concession for the season but in no case

later than December 31 of each calendar year that this contract is in effect the Concessionaire

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

Commissioner of the Superior Court to Department of Energy and Environmental Protection

Bureau of Outdoor Recreation Division of State Parks and Public Outreach 79 Elm Street

Hartford CT 06106-5127

23 Revenue DEEP shall have no responsibility for revenue loss directly or indirectly attributable

to DEEP management actions including but not limited to changes in park or campground

schedules or operations or in services provided to the visiting public DEEP shall have no

responsibility for revenue loss directly or indirectly attributable to uncontrollable phenomena

including but not limited to attendance loss weather conditions or other Acts of God

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

Energy and Environmental Protection regarding State Park and Forest Recreation Areas and

with any other department policy concerning the operation of concessions

The parties have hereunto set their hands

SIGNED AND DELIVERED below

STATE OF CONNECTICUT

Department of Energy and Environmental

Protection

CONCESSIONAIRE

BY BY

Date Date

Contract ______________

Acct Fund SID DeptId Prog Project Bud

Ref Amount

Funds available Date

Attorney General (Approved as to Form) Date

Page 10: REQUEST FOR PROPOSALS (RFP) Management, Operation and

Page 10 of 23

M Contractor shall interact with the United States Coast Guard (USCG) as required to

maintain the designation of the facility as a Public Access Facility including but not

limited to any periodic revalidation process requested by the USCG

12 Rights Reserved to DEEP

The DEEP 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

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

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

its judgment the best interest of DEEP will be served

DEEP 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 DEEP shall not constitute a breach of contract on the part of DEEP since the contract with

the initial Proposer is deemed to be void from the beginning and of no effect as if no contract

ever existed between DEEP and the Proposer

13 Agencyrsquos Standard Contract and Conditions

The Proposer must accept DEEPrsquos standard contract language and conditions See Attachment

for Standard Contract Conditions

14 Park Descriptions

A Location

The Eagle Landing State Park property is located at 19 Bridge Road in Haddam

Connecticut and borders the western riverbank of the Connecticut River

B Access

Eagle Landing State Park can be accessed from the West following Route 9 to Exit 7(Rt

82 E) or from the East following Route 82 over the swing bridge

C Property Existing Conditions

The Eagle Landing property is approximately 16 acres and includes four (4) docks three

parking areas an access road a small outbuilding with a power supply and two butler-

style buildings in the northeastern corner of the property Approximately 20 acres on the

eastern portion of the site is flat and lies within the floodplain of the river It was

previously used as a parking area by the previous owner The parking lots are divided

into several distinct lots and are delineated by guardrails The lots can be gated off when

not in use During the spring thaw the property has had a history of being flooded in

areas for multiple days

The park has 1100 feet+ of frontage along the Connecticut River The Connecticut River

is navigable from Long Island Sound northward to Hartford Much of the Connecticut

River view shed is lined with trees and low-lying vegetation giving the river a

ldquowildernessrdquo feel The Connecticut River is the most popular recreational waterway in

Connecticut supporting thousands of cruising vessels and recreational boats and numerous

marinas It is also a very active commercial waterway with hundreds of barges traveling

Page 11 of 23

on the river supplying the fuel docks and tank farms with oil for the cities and towns in

the CT River Valley

The western portion of the property slopes upward to meet a rail line owned by the State

of Connecticut Department of Energy amp Environmental Protection and maintained and

operated by the Valley Railroad Company The Valley Railroad Company operates the

Essex Steam Train

The concession area is delineated by a yellow dashed line as shown on the attached

concession area map Beginning at the northern portion of the concession area the

following structuresinfrastructure are included in the concession contract One butler-

style building (westernmost butlerndashstyle building) Parking Lot 1 Docks1 and 2 use

of the access road use of small former ticket booth building with available power in the

successful proposerrsquos name and Dock 3

The area located to the south of the concession area is approximately 7+ acres but only 4

acres are developed The undeveloped parcel is proposed to become a public boat ramp

facility and is currently being analyzed for resource and engineering issues Included in

this parcel is Dock 4 and Parking Lots 2 and 3 While this property located to the

south of the concession area will not be part of the bid or agreement for Boat

DockingEducational purposes it will be offered to the successful proposer for use as a

docking facility under a short-term Special Use License This license will expire as soon

as construction on the boat ramp commences

It should be noted that the access road to the Eagle Landing property must be kept open

for access by the private residential properties to the south of Eagle Landing

D Existing Condition of Dock

A few minor repairs would help improve the condition of Docks 1 2 and 3 but all are

functioning and usable in their present condition Dock 4 which is not included in the

concession contract has sustained significant damage is not currently usable and is

considered a safety hazard The Concessionaire or Special Use License Holder would be

responsible to certify that the docks can safely secure the size vessel(s) to be used

throughout the duration of this concession The depth of the water on the river side of

the dock varies from 16 feet to 19 feet There is submerged aquatic vegetation between

the docks and the riverbank that may contain species of concern

Before the commencement of any dock maintenance activity to the 4 docks described

above DEEPrsquos Natural Diversity Data Base (NDDB shall be consulted and DEEPrsquos

Land amp Water Resources Division (LWRD) shall be contacted to determine if a permit is

required for such work

E Adjacent Uses

Northward The northern boundary of Eagle Landing State Park is a private home and

CT State Route 82 There is a fence between the State park and the private property The

Page 12 of 23

East Haddam Swing Bridge spans the Connecticut River just north of Dock 1 (See

Attachment D) Andrews Marina is situated on the north side of Route 82

Southward The southern boundary of Eagle Landing State Park is bounded by a

development of private cottages There is an unpaved road which provides residents of

these cottages access to their homes Vehicles utilizing the Boat Concession or the Boat

Ramp may not park along the shoulders of the road or block it in any way

F ZoningSurrounding Land Use

The Town of Haddam zoned this property as ldquoCommercialrdquo and also ldquoState Park amp

Forestrdquo Commercial Boating activities are permitted in the Commercial Zone Eagle

Landing State Park is bounded on both the north and south by a ldquoLow density

RuralResidential Zonerdquo The town recommends a vegetative buffer between Commercial

uses and Residential areas Overlying the entire parcel is the Federal Emergency

Management Administration (FEMA) 100-year Flood Plain zone FEMA requirements

must be applied to any new development so as not to exacerbate flooding events

G Connecticut River Gateway Commission

Eagle Landing lies within the CT River Gateway Conservation Zone

In 1973 the Connecticut General Assembly passed legislation allowing the establishment

of the Connecticut River Gateway Commission a state-local compact for the protection

of the Lower Connecticut River Valley Then and now this valley is widely recognized

as one of the most important natural recreational and scenic areas of the State of

Connecticut One year later in July 1974 the Commission became operational with the

Connecticut Department of Environmental Protection two regional planning agencies and

all eight eligible towns participating

The Gateway Conservation Zone which is the geographic focus of the Commissions

activities is approximately thirty miles in length and includes those portions of the eight

member towns (Chester Deep River East Haddam Essex Haddam Lyme Old Lyme

Old Saybrook) lying within view of the river In recent years it has become an area of

interest for a number of other environmental organizations as well The Nature

Conservancy has designated the Connecticut River Tidelands as one of its Last Great

Places the Connecticut Department of Energy amp Environmental Protection has obtained

the recognition of the rivers tidelands as internationally significant wetlands under the

terms of the International Ramsar Convention the Secretary of the US Department of

Interior has publicly recognized the lower Connecticut River valley as one of the most

important ecological landscapes in the United States and in 1999 the River was

designated as one of 14 American Heritage Rivers by the President of the United States

The mission of this Commission given to it by the Connecticut General Assembly nearly

two decades ago is to preserve the unique scenic ecological scientific and historic

values of the lower Connecticut River valley for the enjoyment of present and future

generations of Connecticut citizens

Page 13 of 23

Development beyond what has previously been permitted must be reviewed by the

Gateway Commission to ensure that it meets the mission and goals of the Gateway

Commission

H Limitations on the Site

A Hours of Operation Hours of Operation of the Concession shall be limited to Sunrise

until 200AM (0200 Hrs)

B Overnight Parking All vehicles must vacate the property by 200 AM (0200Hrs)

C Alcohol Service will be limited to the vessel No alcohol service shall be allowed on

the docks or in other locations on the property

D Amplified sound (bands DJ etc) with the exception of safety instructions shall

not commence until vessels have departed from the dock and must cease prior to final

docking

E Concession shall not sublet any part of the property unless approved by the

Department of Energy amp Environmental Protection

F No new structures shall be erected and no maintenance shall be done to the existing

docks unless approved in writing by the Commissioner or Designee of the

Department of Energy amp Environmental Protection and all applicable permits have

been obtained

Page 14 of 23

Maps of Site

Page 15 of 23

Page 16 of 23

LETTER OF INTENT TO SUBMIT A PROPOSAL

State of Connecticut

Department of Energy amp Environmental Protection

RFP for Eagle Landing State Park

Return to Tenia Seay

Department of Energy amp Environmental Protection

Bureau of Outdoor Recreation

79 Elm Street

Hartford CT 06106-5127

860-424-3064 (Phone)

860-424-4070 (FAX)

Return Deadline 400 pm July 20 2020

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 17 of 23

STATE OF CONNECTICUT

DEPARTMENT OF ENERGY AND ENVIRONMENTAL PROTECTION

BUREAU OF OUTDOOR RECREATION AND

CONNECTICUT STATE PARK AND FOREST RECREATION AREA

MOBILE FOOD AND BEVERAGE CONCESSION

THIS CONTRACT is made by and between the STATE OF CONNECTICUT acting herein by

the Commissioner of the Department of Energy and Environmental Protection hereinafter referred

to as Commissionerrdquo or DEEP or ldquoStaterdquo and [Insert Concessionaire] of the Town of

Waterbury and the state of Connecticut hereinafter referred to as the Concessionaire or

ldquoContractorrdquo

WITNESSETH

WHEREAS the Commissioner of Energy and Environmental Protection 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 a Mobile Food and Beverage Concession

Service and render services to the public at

[Insert Name of Location]

NOW THEREFORE it is hereby agreed as follows

1 Mobile Food and Beverage Concession Service The Concessionaire agrees to operate a

Mobile Food and Beverage Concession Service at the above noted facility The Concessionaire

is responsible for all work included in this Contract Details regarding the Scope of Work are

included in Attachment A which is attached hereto and is hereby made a part of this contract

2 Duration The Commissioner hereby grants to the Concessionaire the exclusive right to

operate the above Mobile Food and Beverage Concession Service at the location identified for

the period commencing upon contract execution through [insert expiration date] At the

Commissionerrsquos sole discretion this contract may be renewed for up to [Insert number] years

without further competition

3 Payment In consideration of said rights and privileges the Concessionaire agrees to pay a

total of [insert amount] to the State of Connecticut due by [insert date] Payments shall be

made by check draft or money order payable to Treasurer State of Connecticut and

delivered or mailed to the Department of Energy and Environmental Protection Accounts

Receivable 79 Elm Street Hartford Connecticut 06106-5127

4 Nondisclosure Contactor shall not release any information concerning the services provided

pursuant to the Contract 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

Page 18 of 23

STANDARD TERMS AND CONDITIONS (Rev 8302019)

1 Definitions

(a) State The State of Connecticut including the Department of Energy and Environmental Protection and

any office department board council commission institution or other agency of the State

(b) Commissioner The Commissioner of Energy and Environmental Protection or the Commissionerrsquos

designated agent

(c) Parties The Department of Energy and Environmental Protection (DEEP or Agency) and the Contractor

(d) Contractor Parties Contractor Parties shall be defined as a Contractorrsquos members directors officers

shareholders partners managers principal officers representatives agents servants consultants employees

or any one of them or any other person or entity with whom the Contractor is in privity of oral or written

contract and the Contractor intends for such other person or entity to Perform under the Contract in any

capacity To the extent that any Contractor Party is to participate or Perform in any way directly or indirectly

in connection with the Contract any reference in the Contract to the ldquoContractorrdquo shall also be deemed to

include ldquoContractor Partiesrdquo as if such reference had originally specifically included ldquoContractor Partiesrdquo

since it is the Partiesrsquo intent for the terms ldquoContractor Partiesrdquo to be vested with the same respective rights

and obligations as the terms ldquoContractorrdquo

(e) Contract This agreement as of its Effective Date between the Contractor and the State for any or all

goods or services as more particularly described in Appendix A

(f) Execution This contract shall be fully executed when it has been signed by authorized representatives

of the parties and if it is for an amount of Twenty-five thousand dollars ($2500000) or more by the

authorized representative of the state Attorney Generals office

(g) Exhibits All attachments appendices or exhibits referred to in and attached to this Contract are

incorporated in this Contract by such reference and shall be deemed to be a part of it as if they had been fully

set forth in it

(h) Records For the purposes of this Contract records are defined as all working papers and such other

information and materials as may have been accumulated by the Contractor in performing the Contract

including but not limited to documents data plans books computations drawings specifications notes

reports records estimates summaries and correspondence kept or stored in any form

(i) Confidential Information Confidential Information shall mean any name number or other information

that may be used alone or in conjunction with any other information to identify a specific individual

including but not limited to such individuals name date of birth mothers maiden name motor vehicle

operators license number Social Security number employee identification number employer or taxpayer

identification number alien registration number government passport number health insurance

identification number demand deposit account number savings account number credit card number debit

card number or unique biometric data such as fingerprint voice print retina or iris image or other unique

physical representation Without limiting the foregoing Confidential Information shall also include any

information that the Department classifies as ldquoconfidentialrdquo or ldquorestrictedrdquo Confidential Information shall

not include information that may be lawfully obtained from publicly available sources or from federal state

or local government records which are lawfully made available to the general public

(j) Confidential Information Breach Confidential Information Breach shall mean generally an instance

where an unauthorized person or entity accesses Confidential Information in any manner including but not

limited to the following occurrences (1) any Confidential Information that is not encrypted or protected is

misplaced lost stolen or in any way compromised (2) one or more third parties have had access to or taken

control or possession of any Confidential Information that is not encrypted or protected without prior written

authorization from the State (3) the unauthorized acquisition of encrypted or protected Confidential

Information together with the confidential process or key that is capable of compromising the integrity of the

Confidential Information or (4) if there is a substantial risk of identity theft or fraud to the client the

Contractor the Department or State

Page 19 of 23

(k) Claim Claim shall mean all actions suits claims demands investigations and proceedings of any kind

open pending or threatened whether mature unmatured contingent known or unknown at law or in equity

in any forum

2 Forum and Choice of Law The parties deem the Contract 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 laws 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

3 Termination

(a) Notwithstanding any provisions in this Contract the Agency 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 The Agency shall notify the Contractor in writing of Termination pursuant

to this section which notice shall specify the effective date of Termination and the extent to which the

Contractor must complete its Performance under the Contract prior to such date

(b) Notwithstanding any provisions in this Contract the Agency through a duly authorized employee may

after making a written determination that the Contractor has breached the Contract Terminate the

Contract in accordance with the provisions in the Breach section of this Contract

(c) The Agency shall send the notice of Termination via certified mail return receipt requested to the

Contractor at the most current address which the Contractor has furnished to the Agency for purposes of

correspondence or by hand delivery Upon receiving the notice from the Agency the Contractor shall

immediately discontinue all services affected in accordance with the notice undertake all commercially

reasonable efforts to mitigate any losses or damages and deliver to the Agency all Records The Records

are deemed to be the property of the Agency and the Contractor shall deliver them to the Agency no later

than thirty (30) days after the Termination of the Contract or fifteen (15) days after the Contractor

receives a written request from the Agency for the Records The Contractor shall deliver those Records

that exist in electronic magnetic or other intangible form in a non-proprietary format such as but not

limited to ASCII or TXT

(d) Upon receipt of a written notice of Termination from the Agency the Contractor shall cease operations

as the Agency directs in the notice and take all actions that are necessary or appropriate or that the

Agency may reasonably direct for the protection and preservation of the Goods and any other property

Except for any work which the Agency directs the Contractor to Perform in the notice prior to the

effective date of Termination and except as otherwise provided in the notice the Contractor shall

terminate or conclude all existing subcontracts and purchase orders and shall not enter into any further

subcontracts purchase orders or commitments

(e) The Agency shall within forty-five (45) days of the effective date of Termination reimburse the

Contractor for its Performance rendered and accepted by the Agency in addition to all actual and

reasonable costs incurred after Termination in completing those portions of the Performance which the

notice required the Contractor to complete However the Contractor is not entitled to receive and the

Agency is not obligated to tender to the Contractor any payments for anticipated or lost profits Upon

request by the Agency the Contractor shall assign to the Agency or any replacement contractor which

the Agency designates all subcontracts purchase orders and other commitments deliver to the Agency

all Records and other information pertaining to its Performance and remove from State premises

whether leased or owned all of Contractorrsquos property equipment waste material and rubbish related to

its Performance all as the Agency may request

(f) For breach or violation of any of the provisions in the section concerning Representations and

Warranties the Agency may Terminate the Contract in accordance with its terms and revoke any

consents to assignments given as if the assignments had never been requested or consented to without

liability to the Contractor or Contractor Parties or any third party

(g) Upon Termination of the Contract all rights and obligations shall be null and void so that no party shall

Page 20 of 23

have any further rights or obligations to any other party except with respect to the sections which survive

Termination All representations warranties agreements and rights of the parties under the Contract

shall survive such Termination to the extent not otherwise limited in the Contract and without each one

of them having to be specifically mentioned in the Contract

(h) Termination of the Contract pursuant to this section shall not be deemed to be a breach of contract by

the Agency

4 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

(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 Contractorrsquos bid proposal 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

(b) The Contractor shall not be responsible for indemnifying or holding the State harmless from any liability

arising due to the negligence of the State or any other person or entity acting under the direct control or

supervision of the State

(c) 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

(d) 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

(e) 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 cause the State to be named as an additional insured

on the policy and shall provide (1) a certificate of insurance (2) the declaration page and (3) the

additional insured endorsement to the policy to the State and the Client Agency all in an electronic format

acceptable to the State prior to the Effective Date of the Contract evidencing that the State is an additional

insured The Contractor shall not begin Performance until the delivery of these three documents to the

Client Agency Contractor shall provide an annual electronic update of the three documents to the Client

Agency and the State on or before each anniversary of the Effective Date during the Contract term State

shall be entitled to recover under the insurance policy even if a body of competent jurisdiction determines

that State is contributorily negligent

(f) This section shall survive the Termination of the Contract and shall not be limited by reason of any

insurance coverage

5 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 and employees

which they 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

6 Protection of Confidential Information Contractor and Contractor Parties at their own expense have a duty to

and shall protect from a Confidential Information Breach any and all Confidential Information which they come

to possess or control wherever and however stored or maintained in a commercially reasonable manner in

accordance with current industry standards

(b) Each Contractor or Contractor Party shall develop implement and maintain a comprehensive data -

security program for the protection of Confidential Information The safeguards contained in such

Page 21 of 23

program shall be consistent with and comply with the safeguards for protection of Confidential

Information and information of a similar character as set forth in all applicable federal and state law

and written policy of the Agency or State concerning the confidentiality of Confidential Information

Such data-security program shall include but not be limited to the following

(1) A security policy for employees related to the storage access and transportation of data containing

Confidential Information

(2) Reasonable restrictions on access to records containing Confidential Information including access

to any locked storage where such records are kept

(3) A process for reviewing policies and security measures at least annually

(4) Creating secure access controls to Confidential Information including but not limited to passwords

and

(5) Encrypting of Confidential Information that is stored on laptops portable devices or being

transmitted electronically

(c) The Contractor and Contractor Parties shall notify the Agency and the Connecticut Office of the Attorney

General as soon as practical but no later than twenty-four (24) hours after they become aware of or

suspect that any Confidential Information which Contractor or Contractor Parties have come to possess

or control has been subject to a Confidential Information Breach If a Confidential Information Breach

has occurred the Contractor shall within three (3) business days after the notification present a credit

monitoring and protection plan to the Commissioner of Administrative Services the Agency and the

Connecticut Office of the Attorney General for review and approval Such credit monitoring or

protection plan shall be made available by the Contractor at its own cost and expense to all individuals

affected by the Confidential Information Breach Such credit monitoring or protection plan shall include

but is not limited to reimbursement for the cost of placing and lifting one (1) security freeze per credit

file pursuant to Connecticut General Statutes sect 36a-701a Such credit monitoring or protection plans

shall be approved by the State in accordance with this Section and shall cover a length of time

commensurate with the circumstances of the Confidential Information Breach The Contractorsrsquo costs

and expenses for the credit monitoring and protection plan shall not be recoverable from the Agency

any State of Connecticut entity or any affected individuals

(d) The Contractor shall incorporate the requirements of this Section in all subcontracts requiring each

Contractor Party to safeguard Confidential Information in the same manner as provided for in this

Section

(e) Nothing in this Section shall supersede in any manner Contractorrsquos or Contractor Partyrsquos obligations

pursuant to HIPAA or the provisions of this Contract concerning the obligations of the Contractor as a

Business Associate of Covered Entity

7 Executive Orders This 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 The Contract may also be subject to Executive Order No 14 of Governor

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

Executive Order No 49 of Governor Dannel P Malloy promulgated May 22 2015 mandating disclosure of

certain gifts to public employees and contributions to certain candidates for office If Executive Order 14 andor

Executive Order 49 are applicable they are deemed to be 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 or DAS shall provide a

copy of these orders to the Contractor

8 State Liability The State of Connecticut shall assume no liability for payment for services under the terms of

this agreement until the contractor is notified that this agreement has been accepted by the contracting agency

and if applicable approved by the Office of Policy and Management (OPM) or the Department of

Administrative Services (DAS) and by the Attorney General of the State of Connecticut

9 Distribution of Materials The Contractor shall obtain written approval from the Commissioner prior to the

distribution or publication of any materials prepared under the terms of this Contract Such approval shall not

be unreasonably withheld

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

approved in writing by the Commissioner at the Commissionerrsquos sole discretion In the event of any

Page 22 of 23

unapproved change in principal project staff the Commissioner may in the Commissionerrsquos sole discretion

terminate this Contract

11 Further Assurances The Parties shall provide such information execute and deliver any instruments and

documents and take such other actions as may be necessary or reasonably requested by the other Party which

are not inconsistent with the provisions of this Contract and which do not involve the vesting of rights or

assumption of obligations other than those provided for in the Contract in order to give full effect to the

Contract and to carry out the intent of the Contract

12 Third Party Participation The Contractor may make sub-awards using either its own competitive selection

process or the values established in the statersquos competitive selection process as outlined in DAS General Letter

71 whichever is more restrictive to conduct any of the tasks in the Scope of Work contained in Appendix A

The Contractor shall advise the Commissioner of the proposed sub-awardee and the amount allocated at least

two (2) weeks prior to the making of such awards The Commissioner reserves the right to disapprove such

awards if they appear to be inconsistent with the program activities to be conducted under this grant As

required by Sec 46a-68j-23 of the Connecticut Regulations of State Agencies the Contractor must make a good

faith effort based upon the availability of minority business enterprises in the labor market area to award a

reasonable proportion of all subcontracts to such enterprises When minority business enterprises are selected

the Contractor shall provide DEEP with a copy of the Affidavit for Certification of Subcontractors as Minority

Business Enterprises (MBE) along with a copy of the purchase order or contract engaging the Subcontractor

The Contractor shall be the sole point of contact concerning the management of the Contract including

performance and payment issues The Contractor is solely and completely responsible for adherence by any

subcontractor to all the applicable provisions of the Contract

13 Americans with Disabilities Act The Contractor shall be and remain in compliance with the Americans with

Disabilities Act of 1990 (ldquoActrdquo) to the extent applicable during the term of the Contract The DEEP may

cancel the Contract if the Contractor fails to comply with the Act

14 Affirmative Action and Sexual Harassment Policies The Contractor agrees to comply with the Departments

Affirmative Action and Sexual Harassment Policies available on DEEPrsquos web site Hard copies of the policy

statements are available upon request at DEEP

15 Breach If either Party breaches the Contract in any respect the non-breaching Party shall provide written

notice of the breach to the breaching Party and afford the breaching Party an opportunity to cure within ten (10)

days from the date that the breaching Party receives the notice In the case of a Contractor breach any other

time period which the Agency sets forth in the notice shall trump the ten (10) days The right to cure period

shall be extended if the non-breaching Party is satisfied that the breaching Party is making a good faith effort

to cure but the nature of the breach is such that it cannot be cured within the right to cure period The notice

may include an effective Contract Termination date if the breach is not cured by the stated date and unless

otherwise modified by the non-breaching Party in writing prior to the Termination date no further action shall

be required of any Party to effect the Termination as of the stated date If the notice does not set forth an

effective Contract Termination date then the non-breaching Party may Terminate the Contract by giving the

breaching Party no less than twenty four (24) hours prior written notice If the Agency believes that the

Contractor has not performed according to the Contract the Agency may withhold payment in whole or in part

pending resolution of the Performance issue provided that the Agency notifies the Contractor in writing prior

to the date that the payment would have been due

16 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

17 The Town Guarantee The Town shall furnish adequate protection from damage for all work and to repair any

damage of any kind for which he or his workmen are responsible to premises or any equipment to his own

work or to the work of the Agency pay for all permits licenses and fees and to give all notices and comply

with all laws ordinances rules and regulations of the city state and federal government

18 Force Majeure The Parties shall not be excused from their obligation to perform in accordance with the

Contract except in the case of Force Majeure events and as otherwise provided for in the Contract A Force

Majeure event materially affects the cost of the Goods or Services or the time schedule for performance and is

outside the control nor caused by the Parties In the case of any such exception the nonperforming Party shall

give immediate written notice to the other explaining the cause and probable duration of any such

Page 23 of 23

nonperformance

19 Entirety of Contract The Contract is the entire agreement between the Parties with respect to its subject matter

and supersedes all prior agreements proposals offers counteroffers and understandings of the Parties whether

written or oral The Contract has been entered into after full investigation neither Party relying upon any

statement or representation by the other unless such statement or representation is specifically embodied in the

Contract

20 Interpretation The Contract contains numerous references to statutes and regulations For purposes of

interpretation conflict resolution and otherwise the content of those statutes and regulations shall govern over

the content of the reference in the Contract to those statutes and regulations

A-1

Attachment A

Scope of Work

Mobile Food and Beverage Concession Services

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

covering each annual period of this contract shall reflect the following limits and shall be submitted

by the Concessionaire to the Department of Energy and Environmental Protection by April 1 of each

year this contract is in effect

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

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

damages arising from the destruction of or damage to property in any one accident or occurrence

In cases where any insurance policy shows an aggregate limit the aggregate shall apply solely to

the concession operation or the aggregate limit shall be not less than $2000000

b 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 from bodily injuries to or death of all persons in any one

accident or occurrence and for all damages arising from the destruction of or damage to property

in any one accident or occurrence In cases where any insurance policy shows an aggregate limit

the aggregate shall apply solely to the concession operation or the aggregate limit shall be not less

than $2000000

c The Concessionaire shall carry Workerrsquos Compensation insurance in accordance with the

requirements of the laws of the State of Connecticut

d Said coveragersquos are to be provided by insurance companies licensed by the State of Connecticut

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

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

2 Commodities and Price List

a The Concessionaire shall be allowed to sell food and beverages as approved in advance by the

Commissioner

b The Concessionaire shall be allowed to sell souvenirs and other outdoor recreation related

merchandise hereinafter referred to collectively as merchandise as approved in advance by the

Commissioner

c By April 1 of each year that this contract is in effect the Concessionaire shall submit for approval

a price list of all foods beverages and merchandise for sale hereinafter referred to collectively as

commodities to the Department of Energy and Environmental Protection Bureau of Outdoor

Recreation Division of State Parks and Public Outreach 79 Elm Street Hartford CT 06106-5127

d Any price increases or additions of commodities are subject to the prior written approval of the

Commissioner

e The Concessionaire shall post a price list of all commodities for sale in full public view while in

operation

f Whenever the park name is used on merchandise the complete park name shall be used

g The Concessionaire warrants that all commodities offered for sale shall not exceed in price nor be

substandard in quality or quantity to like commodities sold in the surrounding community

A-2

3 Sunscreen All concession operations in a park having a designated swimming area shall have

sunscreen with a Sun Protection Factor (SPF) of at least 15 for adults and 45 for children available for

sale to the general public

4 Use of Biodegradable Products To the extent practicable the Concessionaire agrees to use

recyclable and biodegradable products and packaging in all of its operations ie paper products or

products containing recycled contents The Concessionaire agrees to not dispense food or beverages

in close-celled foam-based containers

5 Prohibitions The Concessionaire shall not

a dispense food or beverages in glass containers

b dispense alcoholic beverages

c sell snorkels beach balls rafts or other inflatable or buoyant devices except US Coast Guard

approved personal flotation devices (PFDs)

d permit gratuities to employees of the State of Connecticut

e provide video or pinball games

6 Hours of Operation

a The Concessionaire may operate the Concession daily between 800 am and sunset on any day

that this contract is in effect

b From the Saturday before Memorial Day through July 4th the Concessionaire shall open the

concession on Saturdays Sundays and holidays not later than 1100 am except during inclement

weather and the concession shall remain open at least until three hours before but not later than

sunset

c From July 4th through Labor Day the Concessionaire shall open the concession daily not later than

1100 am except during inclement weather and the concession shall remain open at least until

three hours before but not later than sunset

d Deviations from the above stated schedules are allowable but must receive advanced approval in

writing from the Park and Recreation Supervisor

e When closing due to inclement weather the Concessionaire shall immediately notify the Park and

Recreation Supervisor The Concessionaire shall keep in the concession vehicle at all times a log

of all closures due to inclement weather and it shall be immediately available to the Park and

Recreation Supervisor upon request for inspection

f Within 30 days of closing the concession for the season but in no case later than December 31 of

each calendar year that this contract is in effect the Concessionaire shall submit an Annual

Inclement Weather Closure Report to the Park and Recreation Supervisor

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

the appropriate local health department prior to April 15th of each year this contract is in effect The

Concessionaire is responsible for and shall directly pay for any fees charged for such inspections

8 Health Department Permit The Concessionaire will annually obtain a ldquopermit to sellrdquo from the local

health department and submit a copy of said permit to the DEEP Division of State Parks amp Public

Outreach not later than April 30th of each year this contract is in effect Other Permits The

Concessionaire shall be solely responsible for securing any other licenses permits approvals or

waivers required by any other federal state regional or municipal authority having jurisdiction in the

town(s) in which the Concession is located

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

to state property without the prior written approval of DEEP Any improvements or permanent fixtures

approved by the DEEP and provided by the Concessionaire during the term of this contract shall

immediately become the property of the State of Connecticut

A-3

10 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

11 Refuse Disposal The Concessionaire at its sole expense shall be responsible for the proper disposal

and removal of all recyclables and trash generated by operation of the concession For additional

information see the DEEP website for Managing Waste and Recycling at Special Events and Other

Venues the direct URL address for which is

httpwwwctgovdepcwpviewaspa=2714ampq=434054ampdepNav_GID=1645

12 General Maintenance The Concessionaire shall be responsible for maintaining the Concession area

in a clean sanitary and orderly manner

13 Exclusivity With the exception of vending machines and commodities having prior written approval

for DEEP sanctioned events including but not limited to events authorized by a Special Use License

the Concessionaire shall have the exclusive right to sell commodities within the property named

herein

14 Vending Machines The State of Connecticut Board of Education and Services for the Blind (BESB)

shall have exclusive rights to vending machines on the premises of the concessions and other

authorized areas within the park or forest for the purpose of vending foods and beverages and to collect

receipts there from provided that the number and locations of such vending machines shall receive

prior written approval from a representative of the DEEP

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

contract shall prevent visitors from bringing food to the park and preparing such food for personal

consumption including dispensing such food at no charge to other park visitors Park visitors may

also utilize private catering services with advanced written approval of the Park and Recreation

Supervisor Said catering services may only be permitted with the condition that no financial

transactions occur on DEEP property

16 Concession Staffing The concession shall be staffed only by the Concessionaire or its employee(s)

or other agents identified herein unless otherwise authorized by the Commissioner in writing

17 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

18 Appearance The Concessionaire and its 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

19 Audible Devices The Concessionaire shall activate audible devices (loudspeakers music bells etc)

only in accordance with instructions provided by the Park and Recreation Supervisor Instructions are

subject to change immediately at the discretion of the Park and Recreation Supervisor

20 Concession Location Unless authorized by the Park and Recreation Supervisor to do otherwise the

Concessionaire agrees to

a identify all park-and-sit locations or drive-through routes on a park map

b confine all concession operations to the designated Concession areas

c confine all sales and advertising to the concession vehicle

d provide garbage and recycling receptacles for customer use

21 Food Inspection An authorized representative of the Commissioner may conduct an unannounced

in-season food inspection once per calendar year Upon request the Concessionaire shall provide a

A-4

range of food and beverage items proportionate to one meal to the Commissionerrsquos

representative for food-tasting purposes

22 Financial Reporting Within 30 days of closing the Concession for the season but in no case

later than December 31 of each calendar year that this contract is in effect the Concessionaire

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

Commissioner of the Superior Court to Department of Energy and Environmental Protection

Bureau of Outdoor Recreation Division of State Parks and Public Outreach 79 Elm Street

Hartford CT 06106-5127

23 Revenue DEEP shall have no responsibility for revenue loss directly or indirectly attributable

to DEEP management actions including but not limited to changes in park or campground

schedules or operations or in services provided to the visiting public DEEP shall have no

responsibility for revenue loss directly or indirectly attributable to uncontrollable phenomena

including but not limited to attendance loss weather conditions or other Acts of God

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

Energy and Environmental Protection regarding State Park and Forest Recreation Areas and

with any other department policy concerning the operation of concessions

The parties have hereunto set their hands

SIGNED AND DELIVERED below

STATE OF CONNECTICUT

Department of Energy and Environmental

Protection

CONCESSIONAIRE

BY BY

Date Date

Contract ______________

Acct Fund SID DeptId Prog Project Bud

Ref Amount

Funds available Date

Attorney General (Approved as to Form) Date

Page 11: REQUEST FOR PROPOSALS (RFP) Management, Operation and

Page 11 of 23

on the river supplying the fuel docks and tank farms with oil for the cities and towns in

the CT River Valley

The western portion of the property slopes upward to meet a rail line owned by the State

of Connecticut Department of Energy amp Environmental Protection and maintained and

operated by the Valley Railroad Company The Valley Railroad Company operates the

Essex Steam Train

The concession area is delineated by a yellow dashed line as shown on the attached

concession area map Beginning at the northern portion of the concession area the

following structuresinfrastructure are included in the concession contract One butler-

style building (westernmost butlerndashstyle building) Parking Lot 1 Docks1 and 2 use

of the access road use of small former ticket booth building with available power in the

successful proposerrsquos name and Dock 3

The area located to the south of the concession area is approximately 7+ acres but only 4

acres are developed The undeveloped parcel is proposed to become a public boat ramp

facility and is currently being analyzed for resource and engineering issues Included in

this parcel is Dock 4 and Parking Lots 2 and 3 While this property located to the

south of the concession area will not be part of the bid or agreement for Boat

DockingEducational purposes it will be offered to the successful proposer for use as a

docking facility under a short-term Special Use License This license will expire as soon

as construction on the boat ramp commences

It should be noted that the access road to the Eagle Landing property must be kept open

for access by the private residential properties to the south of Eagle Landing

D Existing Condition of Dock

A few minor repairs would help improve the condition of Docks 1 2 and 3 but all are

functioning and usable in their present condition Dock 4 which is not included in the

concession contract has sustained significant damage is not currently usable and is

considered a safety hazard The Concessionaire or Special Use License Holder would be

responsible to certify that the docks can safely secure the size vessel(s) to be used

throughout the duration of this concession The depth of the water on the river side of

the dock varies from 16 feet to 19 feet There is submerged aquatic vegetation between

the docks and the riverbank that may contain species of concern

Before the commencement of any dock maintenance activity to the 4 docks described

above DEEPrsquos Natural Diversity Data Base (NDDB shall be consulted and DEEPrsquos

Land amp Water Resources Division (LWRD) shall be contacted to determine if a permit is

required for such work

E Adjacent Uses

Northward The northern boundary of Eagle Landing State Park is a private home and

CT State Route 82 There is a fence between the State park and the private property The

Page 12 of 23

East Haddam Swing Bridge spans the Connecticut River just north of Dock 1 (See

Attachment D) Andrews Marina is situated on the north side of Route 82

Southward The southern boundary of Eagle Landing State Park is bounded by a

development of private cottages There is an unpaved road which provides residents of

these cottages access to their homes Vehicles utilizing the Boat Concession or the Boat

Ramp may not park along the shoulders of the road or block it in any way

F ZoningSurrounding Land Use

The Town of Haddam zoned this property as ldquoCommercialrdquo and also ldquoState Park amp

Forestrdquo Commercial Boating activities are permitted in the Commercial Zone Eagle

Landing State Park is bounded on both the north and south by a ldquoLow density

RuralResidential Zonerdquo The town recommends a vegetative buffer between Commercial

uses and Residential areas Overlying the entire parcel is the Federal Emergency

Management Administration (FEMA) 100-year Flood Plain zone FEMA requirements

must be applied to any new development so as not to exacerbate flooding events

G Connecticut River Gateway Commission

Eagle Landing lies within the CT River Gateway Conservation Zone

In 1973 the Connecticut General Assembly passed legislation allowing the establishment

of the Connecticut River Gateway Commission a state-local compact for the protection

of the Lower Connecticut River Valley Then and now this valley is widely recognized

as one of the most important natural recreational and scenic areas of the State of

Connecticut One year later in July 1974 the Commission became operational with the

Connecticut Department of Environmental Protection two regional planning agencies and

all eight eligible towns participating

The Gateway Conservation Zone which is the geographic focus of the Commissions

activities is approximately thirty miles in length and includes those portions of the eight

member towns (Chester Deep River East Haddam Essex Haddam Lyme Old Lyme

Old Saybrook) lying within view of the river In recent years it has become an area of

interest for a number of other environmental organizations as well The Nature

Conservancy has designated the Connecticut River Tidelands as one of its Last Great

Places the Connecticut Department of Energy amp Environmental Protection has obtained

the recognition of the rivers tidelands as internationally significant wetlands under the

terms of the International Ramsar Convention the Secretary of the US Department of

Interior has publicly recognized the lower Connecticut River valley as one of the most

important ecological landscapes in the United States and in 1999 the River was

designated as one of 14 American Heritage Rivers by the President of the United States

The mission of this Commission given to it by the Connecticut General Assembly nearly

two decades ago is to preserve the unique scenic ecological scientific and historic

values of the lower Connecticut River valley for the enjoyment of present and future

generations of Connecticut citizens

Page 13 of 23

Development beyond what has previously been permitted must be reviewed by the

Gateway Commission to ensure that it meets the mission and goals of the Gateway

Commission

H Limitations on the Site

A Hours of Operation Hours of Operation of the Concession shall be limited to Sunrise

until 200AM (0200 Hrs)

B Overnight Parking All vehicles must vacate the property by 200 AM (0200Hrs)

C Alcohol Service will be limited to the vessel No alcohol service shall be allowed on

the docks or in other locations on the property

D Amplified sound (bands DJ etc) with the exception of safety instructions shall

not commence until vessels have departed from the dock and must cease prior to final

docking

E Concession shall not sublet any part of the property unless approved by the

Department of Energy amp Environmental Protection

F No new structures shall be erected and no maintenance shall be done to the existing

docks unless approved in writing by the Commissioner or Designee of the

Department of Energy amp Environmental Protection and all applicable permits have

been obtained

Page 14 of 23

Maps of Site

Page 15 of 23

Page 16 of 23

LETTER OF INTENT TO SUBMIT A PROPOSAL

State of Connecticut

Department of Energy amp Environmental Protection

RFP for Eagle Landing State Park

Return to Tenia Seay

Department of Energy amp Environmental Protection

Bureau of Outdoor Recreation

79 Elm Street

Hartford CT 06106-5127

860-424-3064 (Phone)

860-424-4070 (FAX)

Return Deadline 400 pm July 20 2020

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 17 of 23

STATE OF CONNECTICUT

DEPARTMENT OF ENERGY AND ENVIRONMENTAL PROTECTION

BUREAU OF OUTDOOR RECREATION AND

CONNECTICUT STATE PARK AND FOREST RECREATION AREA

MOBILE FOOD AND BEVERAGE CONCESSION

THIS CONTRACT is made by and between the STATE OF CONNECTICUT acting herein by

the Commissioner of the Department of Energy and Environmental Protection hereinafter referred

to as Commissionerrdquo or DEEP or ldquoStaterdquo and [Insert Concessionaire] of the Town of

Waterbury and the state of Connecticut hereinafter referred to as the Concessionaire or

ldquoContractorrdquo

WITNESSETH

WHEREAS the Commissioner of Energy and Environmental Protection 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 a Mobile Food and Beverage Concession

Service and render services to the public at

[Insert Name of Location]

NOW THEREFORE it is hereby agreed as follows

1 Mobile Food and Beverage Concession Service The Concessionaire agrees to operate a

Mobile Food and Beverage Concession Service at the above noted facility The Concessionaire

is responsible for all work included in this Contract Details regarding the Scope of Work are

included in Attachment A which is attached hereto and is hereby made a part of this contract

2 Duration The Commissioner hereby grants to the Concessionaire the exclusive right to

operate the above Mobile Food and Beverage Concession Service at the location identified for

the period commencing upon contract execution through [insert expiration date] At the

Commissionerrsquos sole discretion this contract may be renewed for up to [Insert number] years

without further competition

3 Payment In consideration of said rights and privileges the Concessionaire agrees to pay a

total of [insert amount] to the State of Connecticut due by [insert date] Payments shall be

made by check draft or money order payable to Treasurer State of Connecticut and

delivered or mailed to the Department of Energy and Environmental Protection Accounts

Receivable 79 Elm Street Hartford Connecticut 06106-5127

4 Nondisclosure Contactor shall not release any information concerning the services provided

pursuant to the Contract 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

Page 18 of 23

STANDARD TERMS AND CONDITIONS (Rev 8302019)

1 Definitions

(a) State The State of Connecticut including the Department of Energy and Environmental Protection and

any office department board council commission institution or other agency of the State

(b) Commissioner The Commissioner of Energy and Environmental Protection or the Commissionerrsquos

designated agent

(c) Parties The Department of Energy and Environmental Protection (DEEP or Agency) and the Contractor

(d) Contractor Parties Contractor Parties shall be defined as a Contractorrsquos members directors officers

shareholders partners managers principal officers representatives agents servants consultants employees

or any one of them or any other person or entity with whom the Contractor is in privity of oral or written

contract and the Contractor intends for such other person or entity to Perform under the Contract in any

capacity To the extent that any Contractor Party is to participate or Perform in any way directly or indirectly

in connection with the Contract any reference in the Contract to the ldquoContractorrdquo shall also be deemed to

include ldquoContractor Partiesrdquo as if such reference had originally specifically included ldquoContractor Partiesrdquo

since it is the Partiesrsquo intent for the terms ldquoContractor Partiesrdquo to be vested with the same respective rights

and obligations as the terms ldquoContractorrdquo

(e) Contract This agreement as of its Effective Date between the Contractor and the State for any or all

goods or services as more particularly described in Appendix A

(f) Execution This contract shall be fully executed when it has been signed by authorized representatives

of the parties and if it is for an amount of Twenty-five thousand dollars ($2500000) or more by the

authorized representative of the state Attorney Generals office

(g) Exhibits All attachments appendices or exhibits referred to in and attached to this Contract are

incorporated in this Contract by such reference and shall be deemed to be a part of it as if they had been fully

set forth in it

(h) Records For the purposes of this Contract records are defined as all working papers and such other

information and materials as may have been accumulated by the Contractor in performing the Contract

including but not limited to documents data plans books computations drawings specifications notes

reports records estimates summaries and correspondence kept or stored in any form

(i) Confidential Information Confidential Information shall mean any name number or other information

that may be used alone or in conjunction with any other information to identify a specific individual

including but not limited to such individuals name date of birth mothers maiden name motor vehicle

operators license number Social Security number employee identification number employer or taxpayer

identification number alien registration number government passport number health insurance

identification number demand deposit account number savings account number credit card number debit

card number or unique biometric data such as fingerprint voice print retina or iris image or other unique

physical representation Without limiting the foregoing Confidential Information shall also include any

information that the Department classifies as ldquoconfidentialrdquo or ldquorestrictedrdquo Confidential Information shall

not include information that may be lawfully obtained from publicly available sources or from federal state

or local government records which are lawfully made available to the general public

(j) Confidential Information Breach Confidential Information Breach shall mean generally an instance

where an unauthorized person or entity accesses Confidential Information in any manner including but not

limited to the following occurrences (1) any Confidential Information that is not encrypted or protected is

misplaced lost stolen or in any way compromised (2) one or more third parties have had access to or taken

control or possession of any Confidential Information that is not encrypted or protected without prior written

authorization from the State (3) the unauthorized acquisition of encrypted or protected Confidential

Information together with the confidential process or key that is capable of compromising the integrity of the

Confidential Information or (4) if there is a substantial risk of identity theft or fraud to the client the

Contractor the Department or State

Page 19 of 23

(k) Claim Claim shall mean all actions suits claims demands investigations and proceedings of any kind

open pending or threatened whether mature unmatured contingent known or unknown at law or in equity

in any forum

2 Forum and Choice of Law The parties deem the Contract 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 laws 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

3 Termination

(a) Notwithstanding any provisions in this Contract the Agency 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 The Agency shall notify the Contractor in writing of Termination pursuant

to this section which notice shall specify the effective date of Termination and the extent to which the

Contractor must complete its Performance under the Contract prior to such date

(b) Notwithstanding any provisions in this Contract the Agency through a duly authorized employee may

after making a written determination that the Contractor has breached the Contract Terminate the

Contract in accordance with the provisions in the Breach section of this Contract

(c) The Agency shall send the notice of Termination via certified mail return receipt requested to the

Contractor at the most current address which the Contractor has furnished to the Agency for purposes of

correspondence or by hand delivery Upon receiving the notice from the Agency the Contractor shall

immediately discontinue all services affected in accordance with the notice undertake all commercially

reasonable efforts to mitigate any losses or damages and deliver to the Agency all Records The Records

are deemed to be the property of the Agency and the Contractor shall deliver them to the Agency no later

than thirty (30) days after the Termination of the Contract or fifteen (15) days after the Contractor

receives a written request from the Agency for the Records The Contractor shall deliver those Records

that exist in electronic magnetic or other intangible form in a non-proprietary format such as but not

limited to ASCII or TXT

(d) Upon receipt of a written notice of Termination from the Agency the Contractor shall cease operations

as the Agency directs in the notice and take all actions that are necessary or appropriate or that the

Agency may reasonably direct for the protection and preservation of the Goods and any other property

Except for any work which the Agency directs the Contractor to Perform in the notice prior to the

effective date of Termination and except as otherwise provided in the notice the Contractor shall

terminate or conclude all existing subcontracts and purchase orders and shall not enter into any further

subcontracts purchase orders or commitments

(e) The Agency shall within forty-five (45) days of the effective date of Termination reimburse the

Contractor for its Performance rendered and accepted by the Agency in addition to all actual and

reasonable costs incurred after Termination in completing those portions of the Performance which the

notice required the Contractor to complete However the Contractor is not entitled to receive and the

Agency is not obligated to tender to the Contractor any payments for anticipated or lost profits Upon

request by the Agency the Contractor shall assign to the Agency or any replacement contractor which

the Agency designates all subcontracts purchase orders and other commitments deliver to the Agency

all Records and other information pertaining to its Performance and remove from State premises

whether leased or owned all of Contractorrsquos property equipment waste material and rubbish related to

its Performance all as the Agency may request

(f) For breach or violation of any of the provisions in the section concerning Representations and

Warranties the Agency may Terminate the Contract in accordance with its terms and revoke any

consents to assignments given as if the assignments had never been requested or consented to without

liability to the Contractor or Contractor Parties or any third party

(g) Upon Termination of the Contract all rights and obligations shall be null and void so that no party shall

Page 20 of 23

have any further rights or obligations to any other party except with respect to the sections which survive

Termination All representations warranties agreements and rights of the parties under the Contract

shall survive such Termination to the extent not otherwise limited in the Contract and without each one

of them having to be specifically mentioned in the Contract

(h) Termination of the Contract pursuant to this section shall not be deemed to be a breach of contract by

the Agency

4 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

(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 Contractorrsquos bid proposal 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

(b) The Contractor shall not be responsible for indemnifying or holding the State harmless from any liability

arising due to the negligence of the State or any other person or entity acting under the direct control or

supervision of the State

(c) 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

(d) 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

(e) 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 cause the State to be named as an additional insured

on the policy and shall provide (1) a certificate of insurance (2) the declaration page and (3) the

additional insured endorsement to the policy to the State and the Client Agency all in an electronic format

acceptable to the State prior to the Effective Date of the Contract evidencing that the State is an additional

insured The Contractor shall not begin Performance until the delivery of these three documents to the

Client Agency Contractor shall provide an annual electronic update of the three documents to the Client

Agency and the State on or before each anniversary of the Effective Date during the Contract term State

shall be entitled to recover under the insurance policy even if a body of competent jurisdiction determines

that State is contributorily negligent

(f) This section shall survive the Termination of the Contract and shall not be limited by reason of any

insurance coverage

5 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 and employees

which they 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

6 Protection of Confidential Information Contractor and Contractor Parties at their own expense have a duty to

and shall protect from a Confidential Information Breach any and all Confidential Information which they come

to possess or control wherever and however stored or maintained in a commercially reasonable manner in

accordance with current industry standards

(b) Each Contractor or Contractor Party shall develop implement and maintain a comprehensive data -

security program for the protection of Confidential Information The safeguards contained in such

Page 21 of 23

program shall be consistent with and comply with the safeguards for protection of Confidential

Information and information of a similar character as set forth in all applicable federal and state law

and written policy of the Agency or State concerning the confidentiality of Confidential Information

Such data-security program shall include but not be limited to the following

(1) A security policy for employees related to the storage access and transportation of data containing

Confidential Information

(2) Reasonable restrictions on access to records containing Confidential Information including access

to any locked storage where such records are kept

(3) A process for reviewing policies and security measures at least annually

(4) Creating secure access controls to Confidential Information including but not limited to passwords

and

(5) Encrypting of Confidential Information that is stored on laptops portable devices or being

transmitted electronically

(c) The Contractor and Contractor Parties shall notify the Agency and the Connecticut Office of the Attorney

General as soon as practical but no later than twenty-four (24) hours after they become aware of or

suspect that any Confidential Information which Contractor or Contractor Parties have come to possess

or control has been subject to a Confidential Information Breach If a Confidential Information Breach

has occurred the Contractor shall within three (3) business days after the notification present a credit

monitoring and protection plan to the Commissioner of Administrative Services the Agency and the

Connecticut Office of the Attorney General for review and approval Such credit monitoring or

protection plan shall be made available by the Contractor at its own cost and expense to all individuals

affected by the Confidential Information Breach Such credit monitoring or protection plan shall include

but is not limited to reimbursement for the cost of placing and lifting one (1) security freeze per credit

file pursuant to Connecticut General Statutes sect 36a-701a Such credit monitoring or protection plans

shall be approved by the State in accordance with this Section and shall cover a length of time

commensurate with the circumstances of the Confidential Information Breach The Contractorsrsquo costs

and expenses for the credit monitoring and protection plan shall not be recoverable from the Agency

any State of Connecticut entity or any affected individuals

(d) The Contractor shall incorporate the requirements of this Section in all subcontracts requiring each

Contractor Party to safeguard Confidential Information in the same manner as provided for in this

Section

(e) Nothing in this Section shall supersede in any manner Contractorrsquos or Contractor Partyrsquos obligations

pursuant to HIPAA or the provisions of this Contract concerning the obligations of the Contractor as a

Business Associate of Covered Entity

7 Executive Orders This 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 The Contract may also be subject to Executive Order No 14 of Governor

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

Executive Order No 49 of Governor Dannel P Malloy promulgated May 22 2015 mandating disclosure of

certain gifts to public employees and contributions to certain candidates for office If Executive Order 14 andor

Executive Order 49 are applicable they are deemed to be 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 or DAS shall provide a

copy of these orders to the Contractor

8 State Liability The State of Connecticut shall assume no liability for payment for services under the terms of

this agreement until the contractor is notified that this agreement has been accepted by the contracting agency

and if applicable approved by the Office of Policy and Management (OPM) or the Department of

Administrative Services (DAS) and by the Attorney General of the State of Connecticut

9 Distribution of Materials The Contractor shall obtain written approval from the Commissioner prior to the

distribution or publication of any materials prepared under the terms of this Contract Such approval shall not

be unreasonably withheld

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

approved in writing by the Commissioner at the Commissionerrsquos sole discretion In the event of any

Page 22 of 23

unapproved change in principal project staff the Commissioner may in the Commissionerrsquos sole discretion

terminate this Contract

11 Further Assurances The Parties shall provide such information execute and deliver any instruments and

documents and take such other actions as may be necessary or reasonably requested by the other Party which

are not inconsistent with the provisions of this Contract and which do not involve the vesting of rights or

assumption of obligations other than those provided for in the Contract in order to give full effect to the

Contract and to carry out the intent of the Contract

12 Third Party Participation The Contractor may make sub-awards using either its own competitive selection

process or the values established in the statersquos competitive selection process as outlined in DAS General Letter

71 whichever is more restrictive to conduct any of the tasks in the Scope of Work contained in Appendix A

The Contractor shall advise the Commissioner of the proposed sub-awardee and the amount allocated at least

two (2) weeks prior to the making of such awards The Commissioner reserves the right to disapprove such

awards if they appear to be inconsistent with the program activities to be conducted under this grant As

required by Sec 46a-68j-23 of the Connecticut Regulations of State Agencies the Contractor must make a good

faith effort based upon the availability of minority business enterprises in the labor market area to award a

reasonable proportion of all subcontracts to such enterprises When minority business enterprises are selected

the Contractor shall provide DEEP with a copy of the Affidavit for Certification of Subcontractors as Minority

Business Enterprises (MBE) along with a copy of the purchase order or contract engaging the Subcontractor

The Contractor shall be the sole point of contact concerning the management of the Contract including

performance and payment issues The Contractor is solely and completely responsible for adherence by any

subcontractor to all the applicable provisions of the Contract

13 Americans with Disabilities Act The Contractor shall be and remain in compliance with the Americans with

Disabilities Act of 1990 (ldquoActrdquo) to the extent applicable during the term of the Contract The DEEP may

cancel the Contract if the Contractor fails to comply with the Act

14 Affirmative Action and Sexual Harassment Policies The Contractor agrees to comply with the Departments

Affirmative Action and Sexual Harassment Policies available on DEEPrsquos web site Hard copies of the policy

statements are available upon request at DEEP

15 Breach If either Party breaches the Contract in any respect the non-breaching Party shall provide written

notice of the breach to the breaching Party and afford the breaching Party an opportunity to cure within ten (10)

days from the date that the breaching Party receives the notice In the case of a Contractor breach any other

time period which the Agency sets forth in the notice shall trump the ten (10) days The right to cure period

shall be extended if the non-breaching Party is satisfied that the breaching Party is making a good faith effort

to cure but the nature of the breach is such that it cannot be cured within the right to cure period The notice

may include an effective Contract Termination date if the breach is not cured by the stated date and unless

otherwise modified by the non-breaching Party in writing prior to the Termination date no further action shall

be required of any Party to effect the Termination as of the stated date If the notice does not set forth an

effective Contract Termination date then the non-breaching Party may Terminate the Contract by giving the

breaching Party no less than twenty four (24) hours prior written notice If the Agency believes that the

Contractor has not performed according to the Contract the Agency may withhold payment in whole or in part

pending resolution of the Performance issue provided that the Agency notifies the Contractor in writing prior

to the date that the payment would have been due

16 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

17 The Town Guarantee The Town shall furnish adequate protection from damage for all work and to repair any

damage of any kind for which he or his workmen are responsible to premises or any equipment to his own

work or to the work of the Agency pay for all permits licenses and fees and to give all notices and comply

with all laws ordinances rules and regulations of the city state and federal government

18 Force Majeure The Parties shall not be excused from their obligation to perform in accordance with the

Contract except in the case of Force Majeure events and as otherwise provided for in the Contract A Force

Majeure event materially affects the cost of the Goods or Services or the time schedule for performance and is

outside the control nor caused by the Parties In the case of any such exception the nonperforming Party shall

give immediate written notice to the other explaining the cause and probable duration of any such

Page 23 of 23

nonperformance

19 Entirety of Contract The Contract is the entire agreement between the Parties with respect to its subject matter

and supersedes all prior agreements proposals offers counteroffers and understandings of the Parties whether

written or oral The Contract has been entered into after full investigation neither Party relying upon any

statement or representation by the other unless such statement or representation is specifically embodied in the

Contract

20 Interpretation The Contract contains numerous references to statutes and regulations For purposes of

interpretation conflict resolution and otherwise the content of those statutes and regulations shall govern over

the content of the reference in the Contract to those statutes and regulations

A-1

Attachment A

Scope of Work

Mobile Food and Beverage Concession Services

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

covering each annual period of this contract shall reflect the following limits and shall be submitted

by the Concessionaire to the Department of Energy and Environmental Protection by April 1 of each

year this contract is in effect

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

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

damages arising from the destruction of or damage to property in any one accident or occurrence

In cases where any insurance policy shows an aggregate limit the aggregate shall apply solely to

the concession operation or the aggregate limit shall be not less than $2000000

b 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 from bodily injuries to or death of all persons in any one

accident or occurrence and for all damages arising from the destruction of or damage to property

in any one accident or occurrence In cases where any insurance policy shows an aggregate limit

the aggregate shall apply solely to the concession operation or the aggregate limit shall be not less

than $2000000

c The Concessionaire shall carry Workerrsquos Compensation insurance in accordance with the

requirements of the laws of the State of Connecticut

d Said coveragersquos are to be provided by insurance companies licensed by the State of Connecticut

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

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

2 Commodities and Price List

a The Concessionaire shall be allowed to sell food and beverages as approved in advance by the

Commissioner

b The Concessionaire shall be allowed to sell souvenirs and other outdoor recreation related

merchandise hereinafter referred to collectively as merchandise as approved in advance by the

Commissioner

c By April 1 of each year that this contract is in effect the Concessionaire shall submit for approval

a price list of all foods beverages and merchandise for sale hereinafter referred to collectively as

commodities to the Department of Energy and Environmental Protection Bureau of Outdoor

Recreation Division of State Parks and Public Outreach 79 Elm Street Hartford CT 06106-5127

d Any price increases or additions of commodities are subject to the prior written approval of the

Commissioner

e The Concessionaire shall post a price list of all commodities for sale in full public view while in

operation

f Whenever the park name is used on merchandise the complete park name shall be used

g The Concessionaire warrants that all commodities offered for sale shall not exceed in price nor be

substandard in quality or quantity to like commodities sold in the surrounding community

A-2

3 Sunscreen All concession operations in a park having a designated swimming area shall have

sunscreen with a Sun Protection Factor (SPF) of at least 15 for adults and 45 for children available for

sale to the general public

4 Use of Biodegradable Products To the extent practicable the Concessionaire agrees to use

recyclable and biodegradable products and packaging in all of its operations ie paper products or

products containing recycled contents The Concessionaire agrees to not dispense food or beverages

in close-celled foam-based containers

5 Prohibitions The Concessionaire shall not

a dispense food or beverages in glass containers

b dispense alcoholic beverages

c sell snorkels beach balls rafts or other inflatable or buoyant devices except US Coast Guard

approved personal flotation devices (PFDs)

d permit gratuities to employees of the State of Connecticut

e provide video or pinball games

6 Hours of Operation

a The Concessionaire may operate the Concession daily between 800 am and sunset on any day

that this contract is in effect

b From the Saturday before Memorial Day through July 4th the Concessionaire shall open the

concession on Saturdays Sundays and holidays not later than 1100 am except during inclement

weather and the concession shall remain open at least until three hours before but not later than

sunset

c From July 4th through Labor Day the Concessionaire shall open the concession daily not later than

1100 am except during inclement weather and the concession shall remain open at least until

three hours before but not later than sunset

d Deviations from the above stated schedules are allowable but must receive advanced approval in

writing from the Park and Recreation Supervisor

e When closing due to inclement weather the Concessionaire shall immediately notify the Park and

Recreation Supervisor The Concessionaire shall keep in the concession vehicle at all times a log

of all closures due to inclement weather and it shall be immediately available to the Park and

Recreation Supervisor upon request for inspection

f Within 30 days of closing the concession for the season but in no case later than December 31 of

each calendar year that this contract is in effect the Concessionaire shall submit an Annual

Inclement Weather Closure Report to the Park and Recreation Supervisor

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

the appropriate local health department prior to April 15th of each year this contract is in effect The

Concessionaire is responsible for and shall directly pay for any fees charged for such inspections

8 Health Department Permit The Concessionaire will annually obtain a ldquopermit to sellrdquo from the local

health department and submit a copy of said permit to the DEEP Division of State Parks amp Public

Outreach not later than April 30th of each year this contract is in effect Other Permits The

Concessionaire shall be solely responsible for securing any other licenses permits approvals or

waivers required by any other federal state regional or municipal authority having jurisdiction in the

town(s) in which the Concession is located

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

to state property without the prior written approval of DEEP Any improvements or permanent fixtures

approved by the DEEP and provided by the Concessionaire during the term of this contract shall

immediately become the property of the State of Connecticut

A-3

10 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

11 Refuse Disposal The Concessionaire at its sole expense shall be responsible for the proper disposal

and removal of all recyclables and trash generated by operation of the concession For additional

information see the DEEP website for Managing Waste and Recycling at Special Events and Other

Venues the direct URL address for which is

httpwwwctgovdepcwpviewaspa=2714ampq=434054ampdepNav_GID=1645

12 General Maintenance The Concessionaire shall be responsible for maintaining the Concession area

in a clean sanitary and orderly manner

13 Exclusivity With the exception of vending machines and commodities having prior written approval

for DEEP sanctioned events including but not limited to events authorized by a Special Use License

the Concessionaire shall have the exclusive right to sell commodities within the property named

herein

14 Vending Machines The State of Connecticut Board of Education and Services for the Blind (BESB)

shall have exclusive rights to vending machines on the premises of the concessions and other

authorized areas within the park or forest for the purpose of vending foods and beverages and to collect

receipts there from provided that the number and locations of such vending machines shall receive

prior written approval from a representative of the DEEP

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

contract shall prevent visitors from bringing food to the park and preparing such food for personal

consumption including dispensing such food at no charge to other park visitors Park visitors may

also utilize private catering services with advanced written approval of the Park and Recreation

Supervisor Said catering services may only be permitted with the condition that no financial

transactions occur on DEEP property

16 Concession Staffing The concession shall be staffed only by the Concessionaire or its employee(s)

or other agents identified herein unless otherwise authorized by the Commissioner in writing

17 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

18 Appearance The Concessionaire and its 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

19 Audible Devices The Concessionaire shall activate audible devices (loudspeakers music bells etc)

only in accordance with instructions provided by the Park and Recreation Supervisor Instructions are

subject to change immediately at the discretion of the Park and Recreation Supervisor

20 Concession Location Unless authorized by the Park and Recreation Supervisor to do otherwise the

Concessionaire agrees to

a identify all park-and-sit locations or drive-through routes on a park map

b confine all concession operations to the designated Concession areas

c confine all sales and advertising to the concession vehicle

d provide garbage and recycling receptacles for customer use

21 Food Inspection An authorized representative of the Commissioner may conduct an unannounced

in-season food inspection once per calendar year Upon request the Concessionaire shall provide a

A-4

range of food and beverage items proportionate to one meal to the Commissionerrsquos

representative for food-tasting purposes

22 Financial Reporting Within 30 days of closing the Concession for the season but in no case

later than December 31 of each calendar year that this contract is in effect the Concessionaire

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

Commissioner of the Superior Court to Department of Energy and Environmental Protection

Bureau of Outdoor Recreation Division of State Parks and Public Outreach 79 Elm Street

Hartford CT 06106-5127

23 Revenue DEEP shall have no responsibility for revenue loss directly or indirectly attributable

to DEEP management actions including but not limited to changes in park or campground

schedules or operations or in services provided to the visiting public DEEP shall have no

responsibility for revenue loss directly or indirectly attributable to uncontrollable phenomena

including but not limited to attendance loss weather conditions or other Acts of God

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

Energy and Environmental Protection regarding State Park and Forest Recreation Areas and

with any other department policy concerning the operation of concessions

The parties have hereunto set their hands

SIGNED AND DELIVERED below

STATE OF CONNECTICUT

Department of Energy and Environmental

Protection

CONCESSIONAIRE

BY BY

Date Date

Contract ______________

Acct Fund SID DeptId Prog Project Bud

Ref Amount

Funds available Date

Attorney General (Approved as to Form) Date

Page 12: REQUEST FOR PROPOSALS (RFP) Management, Operation and

Page 12 of 23

East Haddam Swing Bridge spans the Connecticut River just north of Dock 1 (See

Attachment D) Andrews Marina is situated on the north side of Route 82

Southward The southern boundary of Eagle Landing State Park is bounded by a

development of private cottages There is an unpaved road which provides residents of

these cottages access to their homes Vehicles utilizing the Boat Concession or the Boat

Ramp may not park along the shoulders of the road or block it in any way

F ZoningSurrounding Land Use

The Town of Haddam zoned this property as ldquoCommercialrdquo and also ldquoState Park amp

Forestrdquo Commercial Boating activities are permitted in the Commercial Zone Eagle

Landing State Park is bounded on both the north and south by a ldquoLow density

RuralResidential Zonerdquo The town recommends a vegetative buffer between Commercial

uses and Residential areas Overlying the entire parcel is the Federal Emergency

Management Administration (FEMA) 100-year Flood Plain zone FEMA requirements

must be applied to any new development so as not to exacerbate flooding events

G Connecticut River Gateway Commission

Eagle Landing lies within the CT River Gateway Conservation Zone

In 1973 the Connecticut General Assembly passed legislation allowing the establishment

of the Connecticut River Gateway Commission a state-local compact for the protection

of the Lower Connecticut River Valley Then and now this valley is widely recognized

as one of the most important natural recreational and scenic areas of the State of

Connecticut One year later in July 1974 the Commission became operational with the

Connecticut Department of Environmental Protection two regional planning agencies and

all eight eligible towns participating

The Gateway Conservation Zone which is the geographic focus of the Commissions

activities is approximately thirty miles in length and includes those portions of the eight

member towns (Chester Deep River East Haddam Essex Haddam Lyme Old Lyme

Old Saybrook) lying within view of the river In recent years it has become an area of

interest for a number of other environmental organizations as well The Nature

Conservancy has designated the Connecticut River Tidelands as one of its Last Great

Places the Connecticut Department of Energy amp Environmental Protection has obtained

the recognition of the rivers tidelands as internationally significant wetlands under the

terms of the International Ramsar Convention the Secretary of the US Department of

Interior has publicly recognized the lower Connecticut River valley as one of the most

important ecological landscapes in the United States and in 1999 the River was

designated as one of 14 American Heritage Rivers by the President of the United States

The mission of this Commission given to it by the Connecticut General Assembly nearly

two decades ago is to preserve the unique scenic ecological scientific and historic

values of the lower Connecticut River valley for the enjoyment of present and future

generations of Connecticut citizens

Page 13 of 23

Development beyond what has previously been permitted must be reviewed by the

Gateway Commission to ensure that it meets the mission and goals of the Gateway

Commission

H Limitations on the Site

A Hours of Operation Hours of Operation of the Concession shall be limited to Sunrise

until 200AM (0200 Hrs)

B Overnight Parking All vehicles must vacate the property by 200 AM (0200Hrs)

C Alcohol Service will be limited to the vessel No alcohol service shall be allowed on

the docks or in other locations on the property

D Amplified sound (bands DJ etc) with the exception of safety instructions shall

not commence until vessels have departed from the dock and must cease prior to final

docking

E Concession shall not sublet any part of the property unless approved by the

Department of Energy amp Environmental Protection

F No new structures shall be erected and no maintenance shall be done to the existing

docks unless approved in writing by the Commissioner or Designee of the

Department of Energy amp Environmental Protection and all applicable permits have

been obtained

Page 14 of 23

Maps of Site

Page 15 of 23

Page 16 of 23

LETTER OF INTENT TO SUBMIT A PROPOSAL

State of Connecticut

Department of Energy amp Environmental Protection

RFP for Eagle Landing State Park

Return to Tenia Seay

Department of Energy amp Environmental Protection

Bureau of Outdoor Recreation

79 Elm Street

Hartford CT 06106-5127

860-424-3064 (Phone)

860-424-4070 (FAX)

Return Deadline 400 pm July 20 2020

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 17 of 23

STATE OF CONNECTICUT

DEPARTMENT OF ENERGY AND ENVIRONMENTAL PROTECTION

BUREAU OF OUTDOOR RECREATION AND

CONNECTICUT STATE PARK AND FOREST RECREATION AREA

MOBILE FOOD AND BEVERAGE CONCESSION

THIS CONTRACT is made by and between the STATE OF CONNECTICUT acting herein by

the Commissioner of the Department of Energy and Environmental Protection hereinafter referred

to as Commissionerrdquo or DEEP or ldquoStaterdquo and [Insert Concessionaire] of the Town of

Waterbury and the state of Connecticut hereinafter referred to as the Concessionaire or

ldquoContractorrdquo

WITNESSETH

WHEREAS the Commissioner of Energy and Environmental Protection 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 a Mobile Food and Beverage Concession

Service and render services to the public at

[Insert Name of Location]

NOW THEREFORE it is hereby agreed as follows

1 Mobile Food and Beverage Concession Service The Concessionaire agrees to operate a

Mobile Food and Beverage Concession Service at the above noted facility The Concessionaire

is responsible for all work included in this Contract Details regarding the Scope of Work are

included in Attachment A which is attached hereto and is hereby made a part of this contract

2 Duration The Commissioner hereby grants to the Concessionaire the exclusive right to

operate the above Mobile Food and Beverage Concession Service at the location identified for

the period commencing upon contract execution through [insert expiration date] At the

Commissionerrsquos sole discretion this contract may be renewed for up to [Insert number] years

without further competition

3 Payment In consideration of said rights and privileges the Concessionaire agrees to pay a

total of [insert amount] to the State of Connecticut due by [insert date] Payments shall be

made by check draft or money order payable to Treasurer State of Connecticut and

delivered or mailed to the Department of Energy and Environmental Protection Accounts

Receivable 79 Elm Street Hartford Connecticut 06106-5127

4 Nondisclosure Contactor shall not release any information concerning the services provided

pursuant to the Contract 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

Page 18 of 23

STANDARD TERMS AND CONDITIONS (Rev 8302019)

1 Definitions

(a) State The State of Connecticut including the Department of Energy and Environmental Protection and

any office department board council commission institution or other agency of the State

(b) Commissioner The Commissioner of Energy and Environmental Protection or the Commissionerrsquos

designated agent

(c) Parties The Department of Energy and Environmental Protection (DEEP or Agency) and the Contractor

(d) Contractor Parties Contractor Parties shall be defined as a Contractorrsquos members directors officers

shareholders partners managers principal officers representatives agents servants consultants employees

or any one of them or any other person or entity with whom the Contractor is in privity of oral or written

contract and the Contractor intends for such other person or entity to Perform under the Contract in any

capacity To the extent that any Contractor Party is to participate or Perform in any way directly or indirectly

in connection with the Contract any reference in the Contract to the ldquoContractorrdquo shall also be deemed to

include ldquoContractor Partiesrdquo as if such reference had originally specifically included ldquoContractor Partiesrdquo

since it is the Partiesrsquo intent for the terms ldquoContractor Partiesrdquo to be vested with the same respective rights

and obligations as the terms ldquoContractorrdquo

(e) Contract This agreement as of its Effective Date between the Contractor and the State for any or all

goods or services as more particularly described in Appendix A

(f) Execution This contract shall be fully executed when it has been signed by authorized representatives

of the parties and if it is for an amount of Twenty-five thousand dollars ($2500000) or more by the

authorized representative of the state Attorney Generals office

(g) Exhibits All attachments appendices or exhibits referred to in and attached to this Contract are

incorporated in this Contract by such reference and shall be deemed to be a part of it as if they had been fully

set forth in it

(h) Records For the purposes of this Contract records are defined as all working papers and such other

information and materials as may have been accumulated by the Contractor in performing the Contract

including but not limited to documents data plans books computations drawings specifications notes

reports records estimates summaries and correspondence kept or stored in any form

(i) Confidential Information Confidential Information shall mean any name number or other information

that may be used alone or in conjunction with any other information to identify a specific individual

including but not limited to such individuals name date of birth mothers maiden name motor vehicle

operators license number Social Security number employee identification number employer or taxpayer

identification number alien registration number government passport number health insurance

identification number demand deposit account number savings account number credit card number debit

card number or unique biometric data such as fingerprint voice print retina or iris image or other unique

physical representation Without limiting the foregoing Confidential Information shall also include any

information that the Department classifies as ldquoconfidentialrdquo or ldquorestrictedrdquo Confidential Information shall

not include information that may be lawfully obtained from publicly available sources or from federal state

or local government records which are lawfully made available to the general public

(j) Confidential Information Breach Confidential Information Breach shall mean generally an instance

where an unauthorized person or entity accesses Confidential Information in any manner including but not

limited to the following occurrences (1) any Confidential Information that is not encrypted or protected is

misplaced lost stolen or in any way compromised (2) one or more third parties have had access to or taken

control or possession of any Confidential Information that is not encrypted or protected without prior written

authorization from the State (3) the unauthorized acquisition of encrypted or protected Confidential

Information together with the confidential process or key that is capable of compromising the integrity of the

Confidential Information or (4) if there is a substantial risk of identity theft or fraud to the client the

Contractor the Department or State

Page 19 of 23

(k) Claim Claim shall mean all actions suits claims demands investigations and proceedings of any kind

open pending or threatened whether mature unmatured contingent known or unknown at law or in equity

in any forum

2 Forum and Choice of Law The parties deem the Contract 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 laws 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

3 Termination

(a) Notwithstanding any provisions in this Contract the Agency 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 The Agency shall notify the Contractor in writing of Termination pursuant

to this section which notice shall specify the effective date of Termination and the extent to which the

Contractor must complete its Performance under the Contract prior to such date

(b) Notwithstanding any provisions in this Contract the Agency through a duly authorized employee may

after making a written determination that the Contractor has breached the Contract Terminate the

Contract in accordance with the provisions in the Breach section of this Contract

(c) The Agency shall send the notice of Termination via certified mail return receipt requested to the

Contractor at the most current address which the Contractor has furnished to the Agency for purposes of

correspondence or by hand delivery Upon receiving the notice from the Agency the Contractor shall

immediately discontinue all services affected in accordance with the notice undertake all commercially

reasonable efforts to mitigate any losses or damages and deliver to the Agency all Records The Records

are deemed to be the property of the Agency and the Contractor shall deliver them to the Agency no later

than thirty (30) days after the Termination of the Contract or fifteen (15) days after the Contractor

receives a written request from the Agency for the Records The Contractor shall deliver those Records

that exist in electronic magnetic or other intangible form in a non-proprietary format such as but not

limited to ASCII or TXT

(d) Upon receipt of a written notice of Termination from the Agency the Contractor shall cease operations

as the Agency directs in the notice and take all actions that are necessary or appropriate or that the

Agency may reasonably direct for the protection and preservation of the Goods and any other property

Except for any work which the Agency directs the Contractor to Perform in the notice prior to the

effective date of Termination and except as otherwise provided in the notice the Contractor shall

terminate or conclude all existing subcontracts and purchase orders and shall not enter into any further

subcontracts purchase orders or commitments

(e) The Agency shall within forty-five (45) days of the effective date of Termination reimburse the

Contractor for its Performance rendered and accepted by the Agency in addition to all actual and

reasonable costs incurred after Termination in completing those portions of the Performance which the

notice required the Contractor to complete However the Contractor is not entitled to receive and the

Agency is not obligated to tender to the Contractor any payments for anticipated or lost profits Upon

request by the Agency the Contractor shall assign to the Agency or any replacement contractor which

the Agency designates all subcontracts purchase orders and other commitments deliver to the Agency

all Records and other information pertaining to its Performance and remove from State premises

whether leased or owned all of Contractorrsquos property equipment waste material and rubbish related to

its Performance all as the Agency may request

(f) For breach or violation of any of the provisions in the section concerning Representations and

Warranties the Agency may Terminate the Contract in accordance with its terms and revoke any

consents to assignments given as if the assignments had never been requested or consented to without

liability to the Contractor or Contractor Parties or any third party

(g) Upon Termination of the Contract all rights and obligations shall be null and void so that no party shall

Page 20 of 23

have any further rights or obligations to any other party except with respect to the sections which survive

Termination All representations warranties agreements and rights of the parties under the Contract

shall survive such Termination to the extent not otherwise limited in the Contract and without each one

of them having to be specifically mentioned in the Contract

(h) Termination of the Contract pursuant to this section shall not be deemed to be a breach of contract by

the Agency

4 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

(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 Contractorrsquos bid proposal 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

(b) The Contractor shall not be responsible for indemnifying or holding the State harmless from any liability

arising due to the negligence of the State or any other person or entity acting under the direct control or

supervision of the State

(c) 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

(d) 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

(e) 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 cause the State to be named as an additional insured

on the policy and shall provide (1) a certificate of insurance (2) the declaration page and (3) the

additional insured endorsement to the policy to the State and the Client Agency all in an electronic format

acceptable to the State prior to the Effective Date of the Contract evidencing that the State is an additional

insured The Contractor shall not begin Performance until the delivery of these three documents to the

Client Agency Contractor shall provide an annual electronic update of the three documents to the Client

Agency and the State on or before each anniversary of the Effective Date during the Contract term State

shall be entitled to recover under the insurance policy even if a body of competent jurisdiction determines

that State is contributorily negligent

(f) This section shall survive the Termination of the Contract and shall not be limited by reason of any

insurance coverage

5 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 and employees

which they 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

6 Protection of Confidential Information Contractor and Contractor Parties at their own expense have a duty to

and shall protect from a Confidential Information Breach any and all Confidential Information which they come

to possess or control wherever and however stored or maintained in a commercially reasonable manner in

accordance with current industry standards

(b) Each Contractor or Contractor Party shall develop implement and maintain a comprehensive data -

security program for the protection of Confidential Information The safeguards contained in such

Page 21 of 23

program shall be consistent with and comply with the safeguards for protection of Confidential

Information and information of a similar character as set forth in all applicable federal and state law

and written policy of the Agency or State concerning the confidentiality of Confidential Information

Such data-security program shall include but not be limited to the following

(1) A security policy for employees related to the storage access and transportation of data containing

Confidential Information

(2) Reasonable restrictions on access to records containing Confidential Information including access

to any locked storage where such records are kept

(3) A process for reviewing policies and security measures at least annually

(4) Creating secure access controls to Confidential Information including but not limited to passwords

and

(5) Encrypting of Confidential Information that is stored on laptops portable devices or being

transmitted electronically

(c) The Contractor and Contractor Parties shall notify the Agency and the Connecticut Office of the Attorney

General as soon as practical but no later than twenty-four (24) hours after they become aware of or

suspect that any Confidential Information which Contractor or Contractor Parties have come to possess

or control has been subject to a Confidential Information Breach If a Confidential Information Breach

has occurred the Contractor shall within three (3) business days after the notification present a credit

monitoring and protection plan to the Commissioner of Administrative Services the Agency and the

Connecticut Office of the Attorney General for review and approval Such credit monitoring or

protection plan shall be made available by the Contractor at its own cost and expense to all individuals

affected by the Confidential Information Breach Such credit monitoring or protection plan shall include

but is not limited to reimbursement for the cost of placing and lifting one (1) security freeze per credit

file pursuant to Connecticut General Statutes sect 36a-701a Such credit monitoring or protection plans

shall be approved by the State in accordance with this Section and shall cover a length of time

commensurate with the circumstances of the Confidential Information Breach The Contractorsrsquo costs

and expenses for the credit monitoring and protection plan shall not be recoverable from the Agency

any State of Connecticut entity or any affected individuals

(d) The Contractor shall incorporate the requirements of this Section in all subcontracts requiring each

Contractor Party to safeguard Confidential Information in the same manner as provided for in this

Section

(e) Nothing in this Section shall supersede in any manner Contractorrsquos or Contractor Partyrsquos obligations

pursuant to HIPAA or the provisions of this Contract concerning the obligations of the Contractor as a

Business Associate of Covered Entity

7 Executive Orders This 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 The Contract may also be subject to Executive Order No 14 of Governor

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

Executive Order No 49 of Governor Dannel P Malloy promulgated May 22 2015 mandating disclosure of

certain gifts to public employees and contributions to certain candidates for office If Executive Order 14 andor

Executive Order 49 are applicable they are deemed to be 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 or DAS shall provide a

copy of these orders to the Contractor

8 State Liability The State of Connecticut shall assume no liability for payment for services under the terms of

this agreement until the contractor is notified that this agreement has been accepted by the contracting agency

and if applicable approved by the Office of Policy and Management (OPM) or the Department of

Administrative Services (DAS) and by the Attorney General of the State of Connecticut

9 Distribution of Materials The Contractor shall obtain written approval from the Commissioner prior to the

distribution or publication of any materials prepared under the terms of this Contract Such approval shall not

be unreasonably withheld

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

approved in writing by the Commissioner at the Commissionerrsquos sole discretion In the event of any

Page 22 of 23

unapproved change in principal project staff the Commissioner may in the Commissionerrsquos sole discretion

terminate this Contract

11 Further Assurances The Parties shall provide such information execute and deliver any instruments and

documents and take such other actions as may be necessary or reasonably requested by the other Party which

are not inconsistent with the provisions of this Contract and which do not involve the vesting of rights or

assumption of obligations other than those provided for in the Contract in order to give full effect to the

Contract and to carry out the intent of the Contract

12 Third Party Participation The Contractor may make sub-awards using either its own competitive selection

process or the values established in the statersquos competitive selection process as outlined in DAS General Letter

71 whichever is more restrictive to conduct any of the tasks in the Scope of Work contained in Appendix A

The Contractor shall advise the Commissioner of the proposed sub-awardee and the amount allocated at least

two (2) weeks prior to the making of such awards The Commissioner reserves the right to disapprove such

awards if they appear to be inconsistent with the program activities to be conducted under this grant As

required by Sec 46a-68j-23 of the Connecticut Regulations of State Agencies the Contractor must make a good

faith effort based upon the availability of minority business enterprises in the labor market area to award a

reasonable proportion of all subcontracts to such enterprises When minority business enterprises are selected

the Contractor shall provide DEEP with a copy of the Affidavit for Certification of Subcontractors as Minority

Business Enterprises (MBE) along with a copy of the purchase order or contract engaging the Subcontractor

The Contractor shall be the sole point of contact concerning the management of the Contract including

performance and payment issues The Contractor is solely and completely responsible for adherence by any

subcontractor to all the applicable provisions of the Contract

13 Americans with Disabilities Act The Contractor shall be and remain in compliance with the Americans with

Disabilities Act of 1990 (ldquoActrdquo) to the extent applicable during the term of the Contract The DEEP may

cancel the Contract if the Contractor fails to comply with the Act

14 Affirmative Action and Sexual Harassment Policies The Contractor agrees to comply with the Departments

Affirmative Action and Sexual Harassment Policies available on DEEPrsquos web site Hard copies of the policy

statements are available upon request at DEEP

15 Breach If either Party breaches the Contract in any respect the non-breaching Party shall provide written

notice of the breach to the breaching Party and afford the breaching Party an opportunity to cure within ten (10)

days from the date that the breaching Party receives the notice In the case of a Contractor breach any other

time period which the Agency sets forth in the notice shall trump the ten (10) days The right to cure period

shall be extended if the non-breaching Party is satisfied that the breaching Party is making a good faith effort

to cure but the nature of the breach is such that it cannot be cured within the right to cure period The notice

may include an effective Contract Termination date if the breach is not cured by the stated date and unless

otherwise modified by the non-breaching Party in writing prior to the Termination date no further action shall

be required of any Party to effect the Termination as of the stated date If the notice does not set forth an

effective Contract Termination date then the non-breaching Party may Terminate the Contract by giving the

breaching Party no less than twenty four (24) hours prior written notice If the Agency believes that the

Contractor has not performed according to the Contract the Agency may withhold payment in whole or in part

pending resolution of the Performance issue provided that the Agency notifies the Contractor in writing prior

to the date that the payment would have been due

16 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

17 The Town Guarantee The Town shall furnish adequate protection from damage for all work and to repair any

damage of any kind for which he or his workmen are responsible to premises or any equipment to his own

work or to the work of the Agency pay for all permits licenses and fees and to give all notices and comply

with all laws ordinances rules and regulations of the city state and federal government

18 Force Majeure The Parties shall not be excused from their obligation to perform in accordance with the

Contract except in the case of Force Majeure events and as otherwise provided for in the Contract A Force

Majeure event materially affects the cost of the Goods or Services or the time schedule for performance and is

outside the control nor caused by the Parties In the case of any such exception the nonperforming Party shall

give immediate written notice to the other explaining the cause and probable duration of any such

Page 23 of 23

nonperformance

19 Entirety of Contract The Contract is the entire agreement between the Parties with respect to its subject matter

and supersedes all prior agreements proposals offers counteroffers and understandings of the Parties whether

written or oral The Contract has been entered into after full investigation neither Party relying upon any

statement or representation by the other unless such statement or representation is specifically embodied in the

Contract

20 Interpretation The Contract contains numerous references to statutes and regulations For purposes of

interpretation conflict resolution and otherwise the content of those statutes and regulations shall govern over

the content of the reference in the Contract to those statutes and regulations

A-1

Attachment A

Scope of Work

Mobile Food and Beverage Concession Services

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

covering each annual period of this contract shall reflect the following limits and shall be submitted

by the Concessionaire to the Department of Energy and Environmental Protection by April 1 of each

year this contract is in effect

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

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

damages arising from the destruction of or damage to property in any one accident or occurrence

In cases where any insurance policy shows an aggregate limit the aggregate shall apply solely to

the concession operation or the aggregate limit shall be not less than $2000000

b 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 from bodily injuries to or death of all persons in any one

accident or occurrence and for all damages arising from the destruction of or damage to property

in any one accident or occurrence In cases where any insurance policy shows an aggregate limit

the aggregate shall apply solely to the concession operation or the aggregate limit shall be not less

than $2000000

c The Concessionaire shall carry Workerrsquos Compensation insurance in accordance with the

requirements of the laws of the State of Connecticut

d Said coveragersquos are to be provided by insurance companies licensed by the State of Connecticut

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

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

2 Commodities and Price List

a The Concessionaire shall be allowed to sell food and beverages as approved in advance by the

Commissioner

b The Concessionaire shall be allowed to sell souvenirs and other outdoor recreation related

merchandise hereinafter referred to collectively as merchandise as approved in advance by the

Commissioner

c By April 1 of each year that this contract is in effect the Concessionaire shall submit for approval

a price list of all foods beverages and merchandise for sale hereinafter referred to collectively as

commodities to the Department of Energy and Environmental Protection Bureau of Outdoor

Recreation Division of State Parks and Public Outreach 79 Elm Street Hartford CT 06106-5127

d Any price increases or additions of commodities are subject to the prior written approval of the

Commissioner

e The Concessionaire shall post a price list of all commodities for sale in full public view while in

operation

f Whenever the park name is used on merchandise the complete park name shall be used

g The Concessionaire warrants that all commodities offered for sale shall not exceed in price nor be

substandard in quality or quantity to like commodities sold in the surrounding community

A-2

3 Sunscreen All concession operations in a park having a designated swimming area shall have

sunscreen with a Sun Protection Factor (SPF) of at least 15 for adults and 45 for children available for

sale to the general public

4 Use of Biodegradable Products To the extent practicable the Concessionaire agrees to use

recyclable and biodegradable products and packaging in all of its operations ie paper products or

products containing recycled contents The Concessionaire agrees to not dispense food or beverages

in close-celled foam-based containers

5 Prohibitions The Concessionaire shall not

a dispense food or beverages in glass containers

b dispense alcoholic beverages

c sell snorkels beach balls rafts or other inflatable or buoyant devices except US Coast Guard

approved personal flotation devices (PFDs)

d permit gratuities to employees of the State of Connecticut

e provide video or pinball games

6 Hours of Operation

a The Concessionaire may operate the Concession daily between 800 am and sunset on any day

that this contract is in effect

b From the Saturday before Memorial Day through July 4th the Concessionaire shall open the

concession on Saturdays Sundays and holidays not later than 1100 am except during inclement

weather and the concession shall remain open at least until three hours before but not later than

sunset

c From July 4th through Labor Day the Concessionaire shall open the concession daily not later than

1100 am except during inclement weather and the concession shall remain open at least until

three hours before but not later than sunset

d Deviations from the above stated schedules are allowable but must receive advanced approval in

writing from the Park and Recreation Supervisor

e When closing due to inclement weather the Concessionaire shall immediately notify the Park and

Recreation Supervisor The Concessionaire shall keep in the concession vehicle at all times a log

of all closures due to inclement weather and it shall be immediately available to the Park and

Recreation Supervisor upon request for inspection

f Within 30 days of closing the concession for the season but in no case later than December 31 of

each calendar year that this contract is in effect the Concessionaire shall submit an Annual

Inclement Weather Closure Report to the Park and Recreation Supervisor

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

the appropriate local health department prior to April 15th of each year this contract is in effect The

Concessionaire is responsible for and shall directly pay for any fees charged for such inspections

8 Health Department Permit The Concessionaire will annually obtain a ldquopermit to sellrdquo from the local

health department and submit a copy of said permit to the DEEP Division of State Parks amp Public

Outreach not later than April 30th of each year this contract is in effect Other Permits The

Concessionaire shall be solely responsible for securing any other licenses permits approvals or

waivers required by any other federal state regional or municipal authority having jurisdiction in the

town(s) in which the Concession is located

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

to state property without the prior written approval of DEEP Any improvements or permanent fixtures

approved by the DEEP and provided by the Concessionaire during the term of this contract shall

immediately become the property of the State of Connecticut

A-3

10 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

11 Refuse Disposal The Concessionaire at its sole expense shall be responsible for the proper disposal

and removal of all recyclables and trash generated by operation of the concession For additional

information see the DEEP website for Managing Waste and Recycling at Special Events and Other

Venues the direct URL address for which is

httpwwwctgovdepcwpviewaspa=2714ampq=434054ampdepNav_GID=1645

12 General Maintenance The Concessionaire shall be responsible for maintaining the Concession area

in a clean sanitary and orderly manner

13 Exclusivity With the exception of vending machines and commodities having prior written approval

for DEEP sanctioned events including but not limited to events authorized by a Special Use License

the Concessionaire shall have the exclusive right to sell commodities within the property named

herein

14 Vending Machines The State of Connecticut Board of Education and Services for the Blind (BESB)

shall have exclusive rights to vending machines on the premises of the concessions and other

authorized areas within the park or forest for the purpose of vending foods and beverages and to collect

receipts there from provided that the number and locations of such vending machines shall receive

prior written approval from a representative of the DEEP

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

contract shall prevent visitors from bringing food to the park and preparing such food for personal

consumption including dispensing such food at no charge to other park visitors Park visitors may

also utilize private catering services with advanced written approval of the Park and Recreation

Supervisor Said catering services may only be permitted with the condition that no financial

transactions occur on DEEP property

16 Concession Staffing The concession shall be staffed only by the Concessionaire or its employee(s)

or other agents identified herein unless otherwise authorized by the Commissioner in writing

17 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

18 Appearance The Concessionaire and its 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

19 Audible Devices The Concessionaire shall activate audible devices (loudspeakers music bells etc)

only in accordance with instructions provided by the Park and Recreation Supervisor Instructions are

subject to change immediately at the discretion of the Park and Recreation Supervisor

20 Concession Location Unless authorized by the Park and Recreation Supervisor to do otherwise the

Concessionaire agrees to

a identify all park-and-sit locations or drive-through routes on a park map

b confine all concession operations to the designated Concession areas

c confine all sales and advertising to the concession vehicle

d provide garbage and recycling receptacles for customer use

21 Food Inspection An authorized representative of the Commissioner may conduct an unannounced

in-season food inspection once per calendar year Upon request the Concessionaire shall provide a

A-4

range of food and beverage items proportionate to one meal to the Commissionerrsquos

representative for food-tasting purposes

22 Financial Reporting Within 30 days of closing the Concession for the season but in no case

later than December 31 of each calendar year that this contract is in effect the Concessionaire

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

Commissioner of the Superior Court to Department of Energy and Environmental Protection

Bureau of Outdoor Recreation Division of State Parks and Public Outreach 79 Elm Street

Hartford CT 06106-5127

23 Revenue DEEP shall have no responsibility for revenue loss directly or indirectly attributable

to DEEP management actions including but not limited to changes in park or campground

schedules or operations or in services provided to the visiting public DEEP shall have no

responsibility for revenue loss directly or indirectly attributable to uncontrollable phenomena

including but not limited to attendance loss weather conditions or other Acts of God

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

Energy and Environmental Protection regarding State Park and Forest Recreation Areas and

with any other department policy concerning the operation of concessions

The parties have hereunto set their hands

SIGNED AND DELIVERED below

STATE OF CONNECTICUT

Department of Energy and Environmental

Protection

CONCESSIONAIRE

BY BY

Date Date

Contract ______________

Acct Fund SID DeptId Prog Project Bud

Ref Amount

Funds available Date

Attorney General (Approved as to Form) Date

Page 13: REQUEST FOR PROPOSALS (RFP) Management, Operation and

Page 13 of 23

Development beyond what has previously been permitted must be reviewed by the

Gateway Commission to ensure that it meets the mission and goals of the Gateway

Commission

H Limitations on the Site

A Hours of Operation Hours of Operation of the Concession shall be limited to Sunrise

until 200AM (0200 Hrs)

B Overnight Parking All vehicles must vacate the property by 200 AM (0200Hrs)

C Alcohol Service will be limited to the vessel No alcohol service shall be allowed on

the docks or in other locations on the property

D Amplified sound (bands DJ etc) with the exception of safety instructions shall

not commence until vessels have departed from the dock and must cease prior to final

docking

E Concession shall not sublet any part of the property unless approved by the

Department of Energy amp Environmental Protection

F No new structures shall be erected and no maintenance shall be done to the existing

docks unless approved in writing by the Commissioner or Designee of the

Department of Energy amp Environmental Protection and all applicable permits have

been obtained

Page 14 of 23

Maps of Site

Page 15 of 23

Page 16 of 23

LETTER OF INTENT TO SUBMIT A PROPOSAL

State of Connecticut

Department of Energy amp Environmental Protection

RFP for Eagle Landing State Park

Return to Tenia Seay

Department of Energy amp Environmental Protection

Bureau of Outdoor Recreation

79 Elm Street

Hartford CT 06106-5127

860-424-3064 (Phone)

860-424-4070 (FAX)

Return Deadline 400 pm July 20 2020

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 17 of 23

STATE OF CONNECTICUT

DEPARTMENT OF ENERGY AND ENVIRONMENTAL PROTECTION

BUREAU OF OUTDOOR RECREATION AND

CONNECTICUT STATE PARK AND FOREST RECREATION AREA

MOBILE FOOD AND BEVERAGE CONCESSION

THIS CONTRACT is made by and between the STATE OF CONNECTICUT acting herein by

the Commissioner of the Department of Energy and Environmental Protection hereinafter referred

to as Commissionerrdquo or DEEP or ldquoStaterdquo and [Insert Concessionaire] of the Town of

Waterbury and the state of Connecticut hereinafter referred to as the Concessionaire or

ldquoContractorrdquo

WITNESSETH

WHEREAS the Commissioner of Energy and Environmental Protection 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 a Mobile Food and Beverage Concession

Service and render services to the public at

[Insert Name of Location]

NOW THEREFORE it is hereby agreed as follows

1 Mobile Food and Beverage Concession Service The Concessionaire agrees to operate a

Mobile Food and Beverage Concession Service at the above noted facility The Concessionaire

is responsible for all work included in this Contract Details regarding the Scope of Work are

included in Attachment A which is attached hereto and is hereby made a part of this contract

2 Duration The Commissioner hereby grants to the Concessionaire the exclusive right to

operate the above Mobile Food and Beverage Concession Service at the location identified for

the period commencing upon contract execution through [insert expiration date] At the

Commissionerrsquos sole discretion this contract may be renewed for up to [Insert number] years

without further competition

3 Payment In consideration of said rights and privileges the Concessionaire agrees to pay a

total of [insert amount] to the State of Connecticut due by [insert date] Payments shall be

made by check draft or money order payable to Treasurer State of Connecticut and

delivered or mailed to the Department of Energy and Environmental Protection Accounts

Receivable 79 Elm Street Hartford Connecticut 06106-5127

4 Nondisclosure Contactor shall not release any information concerning the services provided

pursuant to the Contract 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

Page 18 of 23

STANDARD TERMS AND CONDITIONS (Rev 8302019)

1 Definitions

(a) State The State of Connecticut including the Department of Energy and Environmental Protection and

any office department board council commission institution or other agency of the State

(b) Commissioner The Commissioner of Energy and Environmental Protection or the Commissionerrsquos

designated agent

(c) Parties The Department of Energy and Environmental Protection (DEEP or Agency) and the Contractor

(d) Contractor Parties Contractor Parties shall be defined as a Contractorrsquos members directors officers

shareholders partners managers principal officers representatives agents servants consultants employees

or any one of them or any other person or entity with whom the Contractor is in privity of oral or written

contract and the Contractor intends for such other person or entity to Perform under the Contract in any

capacity To the extent that any Contractor Party is to participate or Perform in any way directly or indirectly

in connection with the Contract any reference in the Contract to the ldquoContractorrdquo shall also be deemed to

include ldquoContractor Partiesrdquo as if such reference had originally specifically included ldquoContractor Partiesrdquo

since it is the Partiesrsquo intent for the terms ldquoContractor Partiesrdquo to be vested with the same respective rights

and obligations as the terms ldquoContractorrdquo

(e) Contract This agreement as of its Effective Date between the Contractor and the State for any or all

goods or services as more particularly described in Appendix A

(f) Execution This contract shall be fully executed when it has been signed by authorized representatives

of the parties and if it is for an amount of Twenty-five thousand dollars ($2500000) or more by the

authorized representative of the state Attorney Generals office

(g) Exhibits All attachments appendices or exhibits referred to in and attached to this Contract are

incorporated in this Contract by such reference and shall be deemed to be a part of it as if they had been fully

set forth in it

(h) Records For the purposes of this Contract records are defined as all working papers and such other

information and materials as may have been accumulated by the Contractor in performing the Contract

including but not limited to documents data plans books computations drawings specifications notes

reports records estimates summaries and correspondence kept or stored in any form

(i) Confidential Information Confidential Information shall mean any name number or other information

that may be used alone or in conjunction with any other information to identify a specific individual

including but not limited to such individuals name date of birth mothers maiden name motor vehicle

operators license number Social Security number employee identification number employer or taxpayer

identification number alien registration number government passport number health insurance

identification number demand deposit account number savings account number credit card number debit

card number or unique biometric data such as fingerprint voice print retina or iris image or other unique

physical representation Without limiting the foregoing Confidential Information shall also include any

information that the Department classifies as ldquoconfidentialrdquo or ldquorestrictedrdquo Confidential Information shall

not include information that may be lawfully obtained from publicly available sources or from federal state

or local government records which are lawfully made available to the general public

(j) Confidential Information Breach Confidential Information Breach shall mean generally an instance

where an unauthorized person or entity accesses Confidential Information in any manner including but not

limited to the following occurrences (1) any Confidential Information that is not encrypted or protected is

misplaced lost stolen or in any way compromised (2) one or more third parties have had access to or taken

control or possession of any Confidential Information that is not encrypted or protected without prior written

authorization from the State (3) the unauthorized acquisition of encrypted or protected Confidential

Information together with the confidential process or key that is capable of compromising the integrity of the

Confidential Information or (4) if there is a substantial risk of identity theft or fraud to the client the

Contractor the Department or State

Page 19 of 23

(k) Claim Claim shall mean all actions suits claims demands investigations and proceedings of any kind

open pending or threatened whether mature unmatured contingent known or unknown at law or in equity

in any forum

2 Forum and Choice of Law The parties deem the Contract 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 laws 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

3 Termination

(a) Notwithstanding any provisions in this Contract the Agency 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 The Agency shall notify the Contractor in writing of Termination pursuant

to this section which notice shall specify the effective date of Termination and the extent to which the

Contractor must complete its Performance under the Contract prior to such date

(b) Notwithstanding any provisions in this Contract the Agency through a duly authorized employee may

after making a written determination that the Contractor has breached the Contract Terminate the

Contract in accordance with the provisions in the Breach section of this Contract

(c) The Agency shall send the notice of Termination via certified mail return receipt requested to the

Contractor at the most current address which the Contractor has furnished to the Agency for purposes of

correspondence or by hand delivery Upon receiving the notice from the Agency the Contractor shall

immediately discontinue all services affected in accordance with the notice undertake all commercially

reasonable efforts to mitigate any losses or damages and deliver to the Agency all Records The Records

are deemed to be the property of the Agency and the Contractor shall deliver them to the Agency no later

than thirty (30) days after the Termination of the Contract or fifteen (15) days after the Contractor

receives a written request from the Agency for the Records The Contractor shall deliver those Records

that exist in electronic magnetic or other intangible form in a non-proprietary format such as but not

limited to ASCII or TXT

(d) Upon receipt of a written notice of Termination from the Agency the Contractor shall cease operations

as the Agency directs in the notice and take all actions that are necessary or appropriate or that the

Agency may reasonably direct for the protection and preservation of the Goods and any other property

Except for any work which the Agency directs the Contractor to Perform in the notice prior to the

effective date of Termination and except as otherwise provided in the notice the Contractor shall

terminate or conclude all existing subcontracts and purchase orders and shall not enter into any further

subcontracts purchase orders or commitments

(e) The Agency shall within forty-five (45) days of the effective date of Termination reimburse the

Contractor for its Performance rendered and accepted by the Agency in addition to all actual and

reasonable costs incurred after Termination in completing those portions of the Performance which the

notice required the Contractor to complete However the Contractor is not entitled to receive and the

Agency is not obligated to tender to the Contractor any payments for anticipated or lost profits Upon

request by the Agency the Contractor shall assign to the Agency or any replacement contractor which

the Agency designates all subcontracts purchase orders and other commitments deliver to the Agency

all Records and other information pertaining to its Performance and remove from State premises

whether leased or owned all of Contractorrsquos property equipment waste material and rubbish related to

its Performance all as the Agency may request

(f) For breach or violation of any of the provisions in the section concerning Representations and

Warranties the Agency may Terminate the Contract in accordance with its terms and revoke any

consents to assignments given as if the assignments had never been requested or consented to without

liability to the Contractor or Contractor Parties or any third party

(g) Upon Termination of the Contract all rights and obligations shall be null and void so that no party shall

Page 20 of 23

have any further rights or obligations to any other party except with respect to the sections which survive

Termination All representations warranties agreements and rights of the parties under the Contract

shall survive such Termination to the extent not otherwise limited in the Contract and without each one

of them having to be specifically mentioned in the Contract

(h) Termination of the Contract pursuant to this section shall not be deemed to be a breach of contract by

the Agency

4 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

(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 Contractorrsquos bid proposal 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

(b) The Contractor shall not be responsible for indemnifying or holding the State harmless from any liability

arising due to the negligence of the State or any other person or entity acting under the direct control or

supervision of the State

(c) 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

(d) 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

(e) 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 cause the State to be named as an additional insured

on the policy and shall provide (1) a certificate of insurance (2) the declaration page and (3) the

additional insured endorsement to the policy to the State and the Client Agency all in an electronic format

acceptable to the State prior to the Effective Date of the Contract evidencing that the State is an additional

insured The Contractor shall not begin Performance until the delivery of these three documents to the

Client Agency Contractor shall provide an annual electronic update of the three documents to the Client

Agency and the State on or before each anniversary of the Effective Date during the Contract term State

shall be entitled to recover under the insurance policy even if a body of competent jurisdiction determines

that State is contributorily negligent

(f) This section shall survive the Termination of the Contract and shall not be limited by reason of any

insurance coverage

5 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 and employees

which they 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

6 Protection of Confidential Information Contractor and Contractor Parties at their own expense have a duty to

and shall protect from a Confidential Information Breach any and all Confidential Information which they come

to possess or control wherever and however stored or maintained in a commercially reasonable manner in

accordance with current industry standards

(b) Each Contractor or Contractor Party shall develop implement and maintain a comprehensive data -

security program for the protection of Confidential Information The safeguards contained in such

Page 21 of 23

program shall be consistent with and comply with the safeguards for protection of Confidential

Information and information of a similar character as set forth in all applicable federal and state law

and written policy of the Agency or State concerning the confidentiality of Confidential Information

Such data-security program shall include but not be limited to the following

(1) A security policy for employees related to the storage access and transportation of data containing

Confidential Information

(2) Reasonable restrictions on access to records containing Confidential Information including access

to any locked storage where such records are kept

(3) A process for reviewing policies and security measures at least annually

(4) Creating secure access controls to Confidential Information including but not limited to passwords

and

(5) Encrypting of Confidential Information that is stored on laptops portable devices or being

transmitted electronically

(c) The Contractor and Contractor Parties shall notify the Agency and the Connecticut Office of the Attorney

General as soon as practical but no later than twenty-four (24) hours after they become aware of or

suspect that any Confidential Information which Contractor or Contractor Parties have come to possess

or control has been subject to a Confidential Information Breach If a Confidential Information Breach

has occurred the Contractor shall within three (3) business days after the notification present a credit

monitoring and protection plan to the Commissioner of Administrative Services the Agency and the

Connecticut Office of the Attorney General for review and approval Such credit monitoring or

protection plan shall be made available by the Contractor at its own cost and expense to all individuals

affected by the Confidential Information Breach Such credit monitoring or protection plan shall include

but is not limited to reimbursement for the cost of placing and lifting one (1) security freeze per credit

file pursuant to Connecticut General Statutes sect 36a-701a Such credit monitoring or protection plans

shall be approved by the State in accordance with this Section and shall cover a length of time

commensurate with the circumstances of the Confidential Information Breach The Contractorsrsquo costs

and expenses for the credit monitoring and protection plan shall not be recoverable from the Agency

any State of Connecticut entity or any affected individuals

(d) The Contractor shall incorporate the requirements of this Section in all subcontracts requiring each

Contractor Party to safeguard Confidential Information in the same manner as provided for in this

Section

(e) Nothing in this Section shall supersede in any manner Contractorrsquos or Contractor Partyrsquos obligations

pursuant to HIPAA or the provisions of this Contract concerning the obligations of the Contractor as a

Business Associate of Covered Entity

7 Executive Orders This 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 The Contract may also be subject to Executive Order No 14 of Governor

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

Executive Order No 49 of Governor Dannel P Malloy promulgated May 22 2015 mandating disclosure of

certain gifts to public employees and contributions to certain candidates for office If Executive Order 14 andor

Executive Order 49 are applicable they are deemed to be 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 or DAS shall provide a

copy of these orders to the Contractor

8 State Liability The State of Connecticut shall assume no liability for payment for services under the terms of

this agreement until the contractor is notified that this agreement has been accepted by the contracting agency

and if applicable approved by the Office of Policy and Management (OPM) or the Department of

Administrative Services (DAS) and by the Attorney General of the State of Connecticut

9 Distribution of Materials The Contractor shall obtain written approval from the Commissioner prior to the

distribution or publication of any materials prepared under the terms of this Contract Such approval shall not

be unreasonably withheld

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

approved in writing by the Commissioner at the Commissionerrsquos sole discretion In the event of any

Page 22 of 23

unapproved change in principal project staff the Commissioner may in the Commissionerrsquos sole discretion

terminate this Contract

11 Further Assurances The Parties shall provide such information execute and deliver any instruments and

documents and take such other actions as may be necessary or reasonably requested by the other Party which

are not inconsistent with the provisions of this Contract and which do not involve the vesting of rights or

assumption of obligations other than those provided for in the Contract in order to give full effect to the

Contract and to carry out the intent of the Contract

12 Third Party Participation The Contractor may make sub-awards using either its own competitive selection

process or the values established in the statersquos competitive selection process as outlined in DAS General Letter

71 whichever is more restrictive to conduct any of the tasks in the Scope of Work contained in Appendix A

The Contractor shall advise the Commissioner of the proposed sub-awardee and the amount allocated at least

two (2) weeks prior to the making of such awards The Commissioner reserves the right to disapprove such

awards if they appear to be inconsistent with the program activities to be conducted under this grant As

required by Sec 46a-68j-23 of the Connecticut Regulations of State Agencies the Contractor must make a good

faith effort based upon the availability of minority business enterprises in the labor market area to award a

reasonable proportion of all subcontracts to such enterprises When minority business enterprises are selected

the Contractor shall provide DEEP with a copy of the Affidavit for Certification of Subcontractors as Minority

Business Enterprises (MBE) along with a copy of the purchase order or contract engaging the Subcontractor

The Contractor shall be the sole point of contact concerning the management of the Contract including

performance and payment issues The Contractor is solely and completely responsible for adherence by any

subcontractor to all the applicable provisions of the Contract

13 Americans with Disabilities Act The Contractor shall be and remain in compliance with the Americans with

Disabilities Act of 1990 (ldquoActrdquo) to the extent applicable during the term of the Contract The DEEP may

cancel the Contract if the Contractor fails to comply with the Act

14 Affirmative Action and Sexual Harassment Policies The Contractor agrees to comply with the Departments

Affirmative Action and Sexual Harassment Policies available on DEEPrsquos web site Hard copies of the policy

statements are available upon request at DEEP

15 Breach If either Party breaches the Contract in any respect the non-breaching Party shall provide written

notice of the breach to the breaching Party and afford the breaching Party an opportunity to cure within ten (10)

days from the date that the breaching Party receives the notice In the case of a Contractor breach any other

time period which the Agency sets forth in the notice shall trump the ten (10) days The right to cure period

shall be extended if the non-breaching Party is satisfied that the breaching Party is making a good faith effort

to cure but the nature of the breach is such that it cannot be cured within the right to cure period The notice

may include an effective Contract Termination date if the breach is not cured by the stated date and unless

otherwise modified by the non-breaching Party in writing prior to the Termination date no further action shall

be required of any Party to effect the Termination as of the stated date If the notice does not set forth an

effective Contract Termination date then the non-breaching Party may Terminate the Contract by giving the

breaching Party no less than twenty four (24) hours prior written notice If the Agency believes that the

Contractor has not performed according to the Contract the Agency may withhold payment in whole or in part

pending resolution of the Performance issue provided that the Agency notifies the Contractor in writing prior

to the date that the payment would have been due

16 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

17 The Town Guarantee The Town shall furnish adequate protection from damage for all work and to repair any

damage of any kind for which he or his workmen are responsible to premises or any equipment to his own

work or to the work of the Agency pay for all permits licenses and fees and to give all notices and comply

with all laws ordinances rules and regulations of the city state and federal government

18 Force Majeure The Parties shall not be excused from their obligation to perform in accordance with the

Contract except in the case of Force Majeure events and as otherwise provided for in the Contract A Force

Majeure event materially affects the cost of the Goods or Services or the time schedule for performance and is

outside the control nor caused by the Parties In the case of any such exception the nonperforming Party shall

give immediate written notice to the other explaining the cause and probable duration of any such

Page 23 of 23

nonperformance

19 Entirety of Contract The Contract is the entire agreement between the Parties with respect to its subject matter

and supersedes all prior agreements proposals offers counteroffers and understandings of the Parties whether

written or oral The Contract has been entered into after full investigation neither Party relying upon any

statement or representation by the other unless such statement or representation is specifically embodied in the

Contract

20 Interpretation The Contract contains numerous references to statutes and regulations For purposes of

interpretation conflict resolution and otherwise the content of those statutes and regulations shall govern over

the content of the reference in the Contract to those statutes and regulations

A-1

Attachment A

Scope of Work

Mobile Food and Beverage Concession Services

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

covering each annual period of this contract shall reflect the following limits and shall be submitted

by the Concessionaire to the Department of Energy and Environmental Protection by April 1 of each

year this contract is in effect

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

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

damages arising from the destruction of or damage to property in any one accident or occurrence

In cases where any insurance policy shows an aggregate limit the aggregate shall apply solely to

the concession operation or the aggregate limit shall be not less than $2000000

b 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 from bodily injuries to or death of all persons in any one

accident or occurrence and for all damages arising from the destruction of or damage to property

in any one accident or occurrence In cases where any insurance policy shows an aggregate limit

the aggregate shall apply solely to the concession operation or the aggregate limit shall be not less

than $2000000

c The Concessionaire shall carry Workerrsquos Compensation insurance in accordance with the

requirements of the laws of the State of Connecticut

d Said coveragersquos are to be provided by insurance companies licensed by the State of Connecticut

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

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

2 Commodities and Price List

a The Concessionaire shall be allowed to sell food and beverages as approved in advance by the

Commissioner

b The Concessionaire shall be allowed to sell souvenirs and other outdoor recreation related

merchandise hereinafter referred to collectively as merchandise as approved in advance by the

Commissioner

c By April 1 of each year that this contract is in effect the Concessionaire shall submit for approval

a price list of all foods beverages and merchandise for sale hereinafter referred to collectively as

commodities to the Department of Energy and Environmental Protection Bureau of Outdoor

Recreation Division of State Parks and Public Outreach 79 Elm Street Hartford CT 06106-5127

d Any price increases or additions of commodities are subject to the prior written approval of the

Commissioner

e The Concessionaire shall post a price list of all commodities for sale in full public view while in

operation

f Whenever the park name is used on merchandise the complete park name shall be used

g The Concessionaire warrants that all commodities offered for sale shall not exceed in price nor be

substandard in quality or quantity to like commodities sold in the surrounding community

A-2

3 Sunscreen All concession operations in a park having a designated swimming area shall have

sunscreen with a Sun Protection Factor (SPF) of at least 15 for adults and 45 for children available for

sale to the general public

4 Use of Biodegradable Products To the extent practicable the Concessionaire agrees to use

recyclable and biodegradable products and packaging in all of its operations ie paper products or

products containing recycled contents The Concessionaire agrees to not dispense food or beverages

in close-celled foam-based containers

5 Prohibitions The Concessionaire shall not

a dispense food or beverages in glass containers

b dispense alcoholic beverages

c sell snorkels beach balls rafts or other inflatable or buoyant devices except US Coast Guard

approved personal flotation devices (PFDs)

d permit gratuities to employees of the State of Connecticut

e provide video or pinball games

6 Hours of Operation

a The Concessionaire may operate the Concession daily between 800 am and sunset on any day

that this contract is in effect

b From the Saturday before Memorial Day through July 4th the Concessionaire shall open the

concession on Saturdays Sundays and holidays not later than 1100 am except during inclement

weather and the concession shall remain open at least until three hours before but not later than

sunset

c From July 4th through Labor Day the Concessionaire shall open the concession daily not later than

1100 am except during inclement weather and the concession shall remain open at least until

three hours before but not later than sunset

d Deviations from the above stated schedules are allowable but must receive advanced approval in

writing from the Park and Recreation Supervisor

e When closing due to inclement weather the Concessionaire shall immediately notify the Park and

Recreation Supervisor The Concessionaire shall keep in the concession vehicle at all times a log

of all closures due to inclement weather and it shall be immediately available to the Park and

Recreation Supervisor upon request for inspection

f Within 30 days of closing the concession for the season but in no case later than December 31 of

each calendar year that this contract is in effect the Concessionaire shall submit an Annual

Inclement Weather Closure Report to the Park and Recreation Supervisor

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

the appropriate local health department prior to April 15th of each year this contract is in effect The

Concessionaire is responsible for and shall directly pay for any fees charged for such inspections

8 Health Department Permit The Concessionaire will annually obtain a ldquopermit to sellrdquo from the local

health department and submit a copy of said permit to the DEEP Division of State Parks amp Public

Outreach not later than April 30th of each year this contract is in effect Other Permits The

Concessionaire shall be solely responsible for securing any other licenses permits approvals or

waivers required by any other federal state regional or municipal authority having jurisdiction in the

town(s) in which the Concession is located

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

to state property without the prior written approval of DEEP Any improvements or permanent fixtures

approved by the DEEP and provided by the Concessionaire during the term of this contract shall

immediately become the property of the State of Connecticut

A-3

10 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

11 Refuse Disposal The Concessionaire at its sole expense shall be responsible for the proper disposal

and removal of all recyclables and trash generated by operation of the concession For additional

information see the DEEP website for Managing Waste and Recycling at Special Events and Other

Venues the direct URL address for which is

httpwwwctgovdepcwpviewaspa=2714ampq=434054ampdepNav_GID=1645

12 General Maintenance The Concessionaire shall be responsible for maintaining the Concession area

in a clean sanitary and orderly manner

13 Exclusivity With the exception of vending machines and commodities having prior written approval

for DEEP sanctioned events including but not limited to events authorized by a Special Use License

the Concessionaire shall have the exclusive right to sell commodities within the property named

herein

14 Vending Machines The State of Connecticut Board of Education and Services for the Blind (BESB)

shall have exclusive rights to vending machines on the premises of the concessions and other

authorized areas within the park or forest for the purpose of vending foods and beverages and to collect

receipts there from provided that the number and locations of such vending machines shall receive

prior written approval from a representative of the DEEP

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

contract shall prevent visitors from bringing food to the park and preparing such food for personal

consumption including dispensing such food at no charge to other park visitors Park visitors may

also utilize private catering services with advanced written approval of the Park and Recreation

Supervisor Said catering services may only be permitted with the condition that no financial

transactions occur on DEEP property

16 Concession Staffing The concession shall be staffed only by the Concessionaire or its employee(s)

or other agents identified herein unless otherwise authorized by the Commissioner in writing

17 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

18 Appearance The Concessionaire and its 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

19 Audible Devices The Concessionaire shall activate audible devices (loudspeakers music bells etc)

only in accordance with instructions provided by the Park and Recreation Supervisor Instructions are

subject to change immediately at the discretion of the Park and Recreation Supervisor

20 Concession Location Unless authorized by the Park and Recreation Supervisor to do otherwise the

Concessionaire agrees to

a identify all park-and-sit locations or drive-through routes on a park map

b confine all concession operations to the designated Concession areas

c confine all sales and advertising to the concession vehicle

d provide garbage and recycling receptacles for customer use

21 Food Inspection An authorized representative of the Commissioner may conduct an unannounced

in-season food inspection once per calendar year Upon request the Concessionaire shall provide a

A-4

range of food and beverage items proportionate to one meal to the Commissionerrsquos

representative for food-tasting purposes

22 Financial Reporting Within 30 days of closing the Concession for the season but in no case

later than December 31 of each calendar year that this contract is in effect the Concessionaire

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

Commissioner of the Superior Court to Department of Energy and Environmental Protection

Bureau of Outdoor Recreation Division of State Parks and Public Outreach 79 Elm Street

Hartford CT 06106-5127

23 Revenue DEEP shall have no responsibility for revenue loss directly or indirectly attributable

to DEEP management actions including but not limited to changes in park or campground

schedules or operations or in services provided to the visiting public DEEP shall have no

responsibility for revenue loss directly or indirectly attributable to uncontrollable phenomena

including but not limited to attendance loss weather conditions or other Acts of God

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

Energy and Environmental Protection regarding State Park and Forest Recreation Areas and

with any other department policy concerning the operation of concessions

The parties have hereunto set their hands

SIGNED AND DELIVERED below

STATE OF CONNECTICUT

Department of Energy and Environmental

Protection

CONCESSIONAIRE

BY BY

Date Date

Contract ______________

Acct Fund SID DeptId Prog Project Bud

Ref Amount

Funds available Date

Attorney General (Approved as to Form) Date

Page 14: REQUEST FOR PROPOSALS (RFP) Management, Operation and

Page 14 of 23

Maps of Site

Page 15 of 23

Page 16 of 23

LETTER OF INTENT TO SUBMIT A PROPOSAL

State of Connecticut

Department of Energy amp Environmental Protection

RFP for Eagle Landing State Park

Return to Tenia Seay

Department of Energy amp Environmental Protection

Bureau of Outdoor Recreation

79 Elm Street

Hartford CT 06106-5127

860-424-3064 (Phone)

860-424-4070 (FAX)

Return Deadline 400 pm July 20 2020

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 17 of 23

STATE OF CONNECTICUT

DEPARTMENT OF ENERGY AND ENVIRONMENTAL PROTECTION

BUREAU OF OUTDOOR RECREATION AND

CONNECTICUT STATE PARK AND FOREST RECREATION AREA

MOBILE FOOD AND BEVERAGE CONCESSION

THIS CONTRACT is made by and between the STATE OF CONNECTICUT acting herein by

the Commissioner of the Department of Energy and Environmental Protection hereinafter referred

to as Commissionerrdquo or DEEP or ldquoStaterdquo and [Insert Concessionaire] of the Town of

Waterbury and the state of Connecticut hereinafter referred to as the Concessionaire or

ldquoContractorrdquo

WITNESSETH

WHEREAS the Commissioner of Energy and Environmental Protection 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 a Mobile Food and Beverage Concession

Service and render services to the public at

[Insert Name of Location]

NOW THEREFORE it is hereby agreed as follows

1 Mobile Food and Beverage Concession Service The Concessionaire agrees to operate a

Mobile Food and Beverage Concession Service at the above noted facility The Concessionaire

is responsible for all work included in this Contract Details regarding the Scope of Work are

included in Attachment A which is attached hereto and is hereby made a part of this contract

2 Duration The Commissioner hereby grants to the Concessionaire the exclusive right to

operate the above Mobile Food and Beverage Concession Service at the location identified for

the period commencing upon contract execution through [insert expiration date] At the

Commissionerrsquos sole discretion this contract may be renewed for up to [Insert number] years

without further competition

3 Payment In consideration of said rights and privileges the Concessionaire agrees to pay a

total of [insert amount] to the State of Connecticut due by [insert date] Payments shall be

made by check draft or money order payable to Treasurer State of Connecticut and

delivered or mailed to the Department of Energy and Environmental Protection Accounts

Receivable 79 Elm Street Hartford Connecticut 06106-5127

4 Nondisclosure Contactor shall not release any information concerning the services provided

pursuant to the Contract 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

Page 18 of 23

STANDARD TERMS AND CONDITIONS (Rev 8302019)

1 Definitions

(a) State The State of Connecticut including the Department of Energy and Environmental Protection and

any office department board council commission institution or other agency of the State

(b) Commissioner The Commissioner of Energy and Environmental Protection or the Commissionerrsquos

designated agent

(c) Parties The Department of Energy and Environmental Protection (DEEP or Agency) and the Contractor

(d) Contractor Parties Contractor Parties shall be defined as a Contractorrsquos members directors officers

shareholders partners managers principal officers representatives agents servants consultants employees

or any one of them or any other person or entity with whom the Contractor is in privity of oral or written

contract and the Contractor intends for such other person or entity to Perform under the Contract in any

capacity To the extent that any Contractor Party is to participate or Perform in any way directly or indirectly

in connection with the Contract any reference in the Contract to the ldquoContractorrdquo shall also be deemed to

include ldquoContractor Partiesrdquo as if such reference had originally specifically included ldquoContractor Partiesrdquo

since it is the Partiesrsquo intent for the terms ldquoContractor Partiesrdquo to be vested with the same respective rights

and obligations as the terms ldquoContractorrdquo

(e) Contract This agreement as of its Effective Date between the Contractor and the State for any or all

goods or services as more particularly described in Appendix A

(f) Execution This contract shall be fully executed when it has been signed by authorized representatives

of the parties and if it is for an amount of Twenty-five thousand dollars ($2500000) or more by the

authorized representative of the state Attorney Generals office

(g) Exhibits All attachments appendices or exhibits referred to in and attached to this Contract are

incorporated in this Contract by such reference and shall be deemed to be a part of it as if they had been fully

set forth in it

(h) Records For the purposes of this Contract records are defined as all working papers and such other

information and materials as may have been accumulated by the Contractor in performing the Contract

including but not limited to documents data plans books computations drawings specifications notes

reports records estimates summaries and correspondence kept or stored in any form

(i) Confidential Information Confidential Information shall mean any name number or other information

that may be used alone or in conjunction with any other information to identify a specific individual

including but not limited to such individuals name date of birth mothers maiden name motor vehicle

operators license number Social Security number employee identification number employer or taxpayer

identification number alien registration number government passport number health insurance

identification number demand deposit account number savings account number credit card number debit

card number or unique biometric data such as fingerprint voice print retina or iris image or other unique

physical representation Without limiting the foregoing Confidential Information shall also include any

information that the Department classifies as ldquoconfidentialrdquo or ldquorestrictedrdquo Confidential Information shall

not include information that may be lawfully obtained from publicly available sources or from federal state

or local government records which are lawfully made available to the general public

(j) Confidential Information Breach Confidential Information Breach shall mean generally an instance

where an unauthorized person or entity accesses Confidential Information in any manner including but not

limited to the following occurrences (1) any Confidential Information that is not encrypted or protected is

misplaced lost stolen or in any way compromised (2) one or more third parties have had access to or taken

control or possession of any Confidential Information that is not encrypted or protected without prior written

authorization from the State (3) the unauthorized acquisition of encrypted or protected Confidential

Information together with the confidential process or key that is capable of compromising the integrity of the

Confidential Information or (4) if there is a substantial risk of identity theft or fraud to the client the

Contractor the Department or State

Page 19 of 23

(k) Claim Claim shall mean all actions suits claims demands investigations and proceedings of any kind

open pending or threatened whether mature unmatured contingent known or unknown at law or in equity

in any forum

2 Forum and Choice of Law The parties deem the Contract 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 laws 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

3 Termination

(a) Notwithstanding any provisions in this Contract the Agency 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 The Agency shall notify the Contractor in writing of Termination pursuant

to this section which notice shall specify the effective date of Termination and the extent to which the

Contractor must complete its Performance under the Contract prior to such date

(b) Notwithstanding any provisions in this Contract the Agency through a duly authorized employee may

after making a written determination that the Contractor has breached the Contract Terminate the

Contract in accordance with the provisions in the Breach section of this Contract

(c) The Agency shall send the notice of Termination via certified mail return receipt requested to the

Contractor at the most current address which the Contractor has furnished to the Agency for purposes of

correspondence or by hand delivery Upon receiving the notice from the Agency the Contractor shall

immediately discontinue all services affected in accordance with the notice undertake all commercially

reasonable efforts to mitigate any losses or damages and deliver to the Agency all Records The Records

are deemed to be the property of the Agency and the Contractor shall deliver them to the Agency no later

than thirty (30) days after the Termination of the Contract or fifteen (15) days after the Contractor

receives a written request from the Agency for the Records The Contractor shall deliver those Records

that exist in electronic magnetic or other intangible form in a non-proprietary format such as but not

limited to ASCII or TXT

(d) Upon receipt of a written notice of Termination from the Agency the Contractor shall cease operations

as the Agency directs in the notice and take all actions that are necessary or appropriate or that the

Agency may reasonably direct for the protection and preservation of the Goods and any other property

Except for any work which the Agency directs the Contractor to Perform in the notice prior to the

effective date of Termination and except as otherwise provided in the notice the Contractor shall

terminate or conclude all existing subcontracts and purchase orders and shall not enter into any further

subcontracts purchase orders or commitments

(e) The Agency shall within forty-five (45) days of the effective date of Termination reimburse the

Contractor for its Performance rendered and accepted by the Agency in addition to all actual and

reasonable costs incurred after Termination in completing those portions of the Performance which the

notice required the Contractor to complete However the Contractor is not entitled to receive and the

Agency is not obligated to tender to the Contractor any payments for anticipated or lost profits Upon

request by the Agency the Contractor shall assign to the Agency or any replacement contractor which

the Agency designates all subcontracts purchase orders and other commitments deliver to the Agency

all Records and other information pertaining to its Performance and remove from State premises

whether leased or owned all of Contractorrsquos property equipment waste material and rubbish related to

its Performance all as the Agency may request

(f) For breach or violation of any of the provisions in the section concerning Representations and

Warranties the Agency may Terminate the Contract in accordance with its terms and revoke any

consents to assignments given as if the assignments had never been requested or consented to without

liability to the Contractor or Contractor Parties or any third party

(g) Upon Termination of the Contract all rights and obligations shall be null and void so that no party shall

Page 20 of 23

have any further rights or obligations to any other party except with respect to the sections which survive

Termination All representations warranties agreements and rights of the parties under the Contract

shall survive such Termination to the extent not otherwise limited in the Contract and without each one

of them having to be specifically mentioned in the Contract

(h) Termination of the Contract pursuant to this section shall not be deemed to be a breach of contract by

the Agency

4 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

(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 Contractorrsquos bid proposal 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

(b) The Contractor shall not be responsible for indemnifying or holding the State harmless from any liability

arising due to the negligence of the State or any other person or entity acting under the direct control or

supervision of the State

(c) 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

(d) 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

(e) 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 cause the State to be named as an additional insured

on the policy and shall provide (1) a certificate of insurance (2) the declaration page and (3) the

additional insured endorsement to the policy to the State and the Client Agency all in an electronic format

acceptable to the State prior to the Effective Date of the Contract evidencing that the State is an additional

insured The Contractor shall not begin Performance until the delivery of these three documents to the

Client Agency Contractor shall provide an annual electronic update of the three documents to the Client

Agency and the State on or before each anniversary of the Effective Date during the Contract term State

shall be entitled to recover under the insurance policy even if a body of competent jurisdiction determines

that State is contributorily negligent

(f) This section shall survive the Termination of the Contract and shall not be limited by reason of any

insurance coverage

5 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 and employees

which they 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

6 Protection of Confidential Information Contractor and Contractor Parties at their own expense have a duty to

and shall protect from a Confidential Information Breach any and all Confidential Information which they come

to possess or control wherever and however stored or maintained in a commercially reasonable manner in

accordance with current industry standards

(b) Each Contractor or Contractor Party shall develop implement and maintain a comprehensive data -

security program for the protection of Confidential Information The safeguards contained in such

Page 21 of 23

program shall be consistent with and comply with the safeguards for protection of Confidential

Information and information of a similar character as set forth in all applicable federal and state law

and written policy of the Agency or State concerning the confidentiality of Confidential Information

Such data-security program shall include but not be limited to the following

(1) A security policy for employees related to the storage access and transportation of data containing

Confidential Information

(2) Reasonable restrictions on access to records containing Confidential Information including access

to any locked storage where such records are kept

(3) A process for reviewing policies and security measures at least annually

(4) Creating secure access controls to Confidential Information including but not limited to passwords

and

(5) Encrypting of Confidential Information that is stored on laptops portable devices or being

transmitted electronically

(c) The Contractor and Contractor Parties shall notify the Agency and the Connecticut Office of the Attorney

General as soon as practical but no later than twenty-four (24) hours after they become aware of or

suspect that any Confidential Information which Contractor or Contractor Parties have come to possess

or control has been subject to a Confidential Information Breach If a Confidential Information Breach

has occurred the Contractor shall within three (3) business days after the notification present a credit

monitoring and protection plan to the Commissioner of Administrative Services the Agency and the

Connecticut Office of the Attorney General for review and approval Such credit monitoring or

protection plan shall be made available by the Contractor at its own cost and expense to all individuals

affected by the Confidential Information Breach Such credit monitoring or protection plan shall include

but is not limited to reimbursement for the cost of placing and lifting one (1) security freeze per credit

file pursuant to Connecticut General Statutes sect 36a-701a Such credit monitoring or protection plans

shall be approved by the State in accordance with this Section and shall cover a length of time

commensurate with the circumstances of the Confidential Information Breach The Contractorsrsquo costs

and expenses for the credit monitoring and protection plan shall not be recoverable from the Agency

any State of Connecticut entity or any affected individuals

(d) The Contractor shall incorporate the requirements of this Section in all subcontracts requiring each

Contractor Party to safeguard Confidential Information in the same manner as provided for in this

Section

(e) Nothing in this Section shall supersede in any manner Contractorrsquos or Contractor Partyrsquos obligations

pursuant to HIPAA or the provisions of this Contract concerning the obligations of the Contractor as a

Business Associate of Covered Entity

7 Executive Orders This 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 The Contract may also be subject to Executive Order No 14 of Governor

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

Executive Order No 49 of Governor Dannel P Malloy promulgated May 22 2015 mandating disclosure of

certain gifts to public employees and contributions to certain candidates for office If Executive Order 14 andor

Executive Order 49 are applicable they are deemed to be 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 or DAS shall provide a

copy of these orders to the Contractor

8 State Liability The State of Connecticut shall assume no liability for payment for services under the terms of

this agreement until the contractor is notified that this agreement has been accepted by the contracting agency

and if applicable approved by the Office of Policy and Management (OPM) or the Department of

Administrative Services (DAS) and by the Attorney General of the State of Connecticut

9 Distribution of Materials The Contractor shall obtain written approval from the Commissioner prior to the

distribution or publication of any materials prepared under the terms of this Contract Such approval shall not

be unreasonably withheld

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

approved in writing by the Commissioner at the Commissionerrsquos sole discretion In the event of any

Page 22 of 23

unapproved change in principal project staff the Commissioner may in the Commissionerrsquos sole discretion

terminate this Contract

11 Further Assurances The Parties shall provide such information execute and deliver any instruments and

documents and take such other actions as may be necessary or reasonably requested by the other Party which

are not inconsistent with the provisions of this Contract and which do not involve the vesting of rights or

assumption of obligations other than those provided for in the Contract in order to give full effect to the

Contract and to carry out the intent of the Contract

12 Third Party Participation The Contractor may make sub-awards using either its own competitive selection

process or the values established in the statersquos competitive selection process as outlined in DAS General Letter

71 whichever is more restrictive to conduct any of the tasks in the Scope of Work contained in Appendix A

The Contractor shall advise the Commissioner of the proposed sub-awardee and the amount allocated at least

two (2) weeks prior to the making of such awards The Commissioner reserves the right to disapprove such

awards if they appear to be inconsistent with the program activities to be conducted under this grant As

required by Sec 46a-68j-23 of the Connecticut Regulations of State Agencies the Contractor must make a good

faith effort based upon the availability of minority business enterprises in the labor market area to award a

reasonable proportion of all subcontracts to such enterprises When minority business enterprises are selected

the Contractor shall provide DEEP with a copy of the Affidavit for Certification of Subcontractors as Minority

Business Enterprises (MBE) along with a copy of the purchase order or contract engaging the Subcontractor

The Contractor shall be the sole point of contact concerning the management of the Contract including

performance and payment issues The Contractor is solely and completely responsible for adherence by any

subcontractor to all the applicable provisions of the Contract

13 Americans with Disabilities Act The Contractor shall be and remain in compliance with the Americans with

Disabilities Act of 1990 (ldquoActrdquo) to the extent applicable during the term of the Contract The DEEP may

cancel the Contract if the Contractor fails to comply with the Act

14 Affirmative Action and Sexual Harassment Policies The Contractor agrees to comply with the Departments

Affirmative Action and Sexual Harassment Policies available on DEEPrsquos web site Hard copies of the policy

statements are available upon request at DEEP

15 Breach If either Party breaches the Contract in any respect the non-breaching Party shall provide written

notice of the breach to the breaching Party and afford the breaching Party an opportunity to cure within ten (10)

days from the date that the breaching Party receives the notice In the case of a Contractor breach any other

time period which the Agency sets forth in the notice shall trump the ten (10) days The right to cure period

shall be extended if the non-breaching Party is satisfied that the breaching Party is making a good faith effort

to cure but the nature of the breach is such that it cannot be cured within the right to cure period The notice

may include an effective Contract Termination date if the breach is not cured by the stated date and unless

otherwise modified by the non-breaching Party in writing prior to the Termination date no further action shall

be required of any Party to effect the Termination as of the stated date If the notice does not set forth an

effective Contract Termination date then the non-breaching Party may Terminate the Contract by giving the

breaching Party no less than twenty four (24) hours prior written notice If the Agency believes that the

Contractor has not performed according to the Contract the Agency may withhold payment in whole or in part

pending resolution of the Performance issue provided that the Agency notifies the Contractor in writing prior

to the date that the payment would have been due

16 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

17 The Town Guarantee The Town shall furnish adequate protection from damage for all work and to repair any

damage of any kind for which he or his workmen are responsible to premises or any equipment to his own

work or to the work of the Agency pay for all permits licenses and fees and to give all notices and comply

with all laws ordinances rules and regulations of the city state and federal government

18 Force Majeure The Parties shall not be excused from their obligation to perform in accordance with the

Contract except in the case of Force Majeure events and as otherwise provided for in the Contract A Force

Majeure event materially affects the cost of the Goods or Services or the time schedule for performance and is

outside the control nor caused by the Parties In the case of any such exception the nonperforming Party shall

give immediate written notice to the other explaining the cause and probable duration of any such

Page 23 of 23

nonperformance

19 Entirety of Contract The Contract is the entire agreement between the Parties with respect to its subject matter

and supersedes all prior agreements proposals offers counteroffers and understandings of the Parties whether

written or oral The Contract has been entered into after full investigation neither Party relying upon any

statement or representation by the other unless such statement or representation is specifically embodied in the

Contract

20 Interpretation The Contract contains numerous references to statutes and regulations For purposes of

interpretation conflict resolution and otherwise the content of those statutes and regulations shall govern over

the content of the reference in the Contract to those statutes and regulations

A-1

Attachment A

Scope of Work

Mobile Food and Beverage Concession Services

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

covering each annual period of this contract shall reflect the following limits and shall be submitted

by the Concessionaire to the Department of Energy and Environmental Protection by April 1 of each

year this contract is in effect

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

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

damages arising from the destruction of or damage to property in any one accident or occurrence

In cases where any insurance policy shows an aggregate limit the aggregate shall apply solely to

the concession operation or the aggregate limit shall be not less than $2000000

b 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 from bodily injuries to or death of all persons in any one

accident or occurrence and for all damages arising from the destruction of or damage to property

in any one accident or occurrence In cases where any insurance policy shows an aggregate limit

the aggregate shall apply solely to the concession operation or the aggregate limit shall be not less

than $2000000

c The Concessionaire shall carry Workerrsquos Compensation insurance in accordance with the

requirements of the laws of the State of Connecticut

d Said coveragersquos are to be provided by insurance companies licensed by the State of Connecticut

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

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

2 Commodities and Price List

a The Concessionaire shall be allowed to sell food and beverages as approved in advance by the

Commissioner

b The Concessionaire shall be allowed to sell souvenirs and other outdoor recreation related

merchandise hereinafter referred to collectively as merchandise as approved in advance by the

Commissioner

c By April 1 of each year that this contract is in effect the Concessionaire shall submit for approval

a price list of all foods beverages and merchandise for sale hereinafter referred to collectively as

commodities to the Department of Energy and Environmental Protection Bureau of Outdoor

Recreation Division of State Parks and Public Outreach 79 Elm Street Hartford CT 06106-5127

d Any price increases or additions of commodities are subject to the prior written approval of the

Commissioner

e The Concessionaire shall post a price list of all commodities for sale in full public view while in

operation

f Whenever the park name is used on merchandise the complete park name shall be used

g The Concessionaire warrants that all commodities offered for sale shall not exceed in price nor be

substandard in quality or quantity to like commodities sold in the surrounding community

A-2

3 Sunscreen All concession operations in a park having a designated swimming area shall have

sunscreen with a Sun Protection Factor (SPF) of at least 15 for adults and 45 for children available for

sale to the general public

4 Use of Biodegradable Products To the extent practicable the Concessionaire agrees to use

recyclable and biodegradable products and packaging in all of its operations ie paper products or

products containing recycled contents The Concessionaire agrees to not dispense food or beverages

in close-celled foam-based containers

5 Prohibitions The Concessionaire shall not

a dispense food or beverages in glass containers

b dispense alcoholic beverages

c sell snorkels beach balls rafts or other inflatable or buoyant devices except US Coast Guard

approved personal flotation devices (PFDs)

d permit gratuities to employees of the State of Connecticut

e provide video or pinball games

6 Hours of Operation

a The Concessionaire may operate the Concession daily between 800 am and sunset on any day

that this contract is in effect

b From the Saturday before Memorial Day through July 4th the Concessionaire shall open the

concession on Saturdays Sundays and holidays not later than 1100 am except during inclement

weather and the concession shall remain open at least until three hours before but not later than

sunset

c From July 4th through Labor Day the Concessionaire shall open the concession daily not later than

1100 am except during inclement weather and the concession shall remain open at least until

three hours before but not later than sunset

d Deviations from the above stated schedules are allowable but must receive advanced approval in

writing from the Park and Recreation Supervisor

e When closing due to inclement weather the Concessionaire shall immediately notify the Park and

Recreation Supervisor The Concessionaire shall keep in the concession vehicle at all times a log

of all closures due to inclement weather and it shall be immediately available to the Park and

Recreation Supervisor upon request for inspection

f Within 30 days of closing the concession for the season but in no case later than December 31 of

each calendar year that this contract is in effect the Concessionaire shall submit an Annual

Inclement Weather Closure Report to the Park and Recreation Supervisor

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

the appropriate local health department prior to April 15th of each year this contract is in effect The

Concessionaire is responsible for and shall directly pay for any fees charged for such inspections

8 Health Department Permit The Concessionaire will annually obtain a ldquopermit to sellrdquo from the local

health department and submit a copy of said permit to the DEEP Division of State Parks amp Public

Outreach not later than April 30th of each year this contract is in effect Other Permits The

Concessionaire shall be solely responsible for securing any other licenses permits approvals or

waivers required by any other federal state regional or municipal authority having jurisdiction in the

town(s) in which the Concession is located

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

to state property without the prior written approval of DEEP Any improvements or permanent fixtures

approved by the DEEP and provided by the Concessionaire during the term of this contract shall

immediately become the property of the State of Connecticut

A-3

10 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

11 Refuse Disposal The Concessionaire at its sole expense shall be responsible for the proper disposal

and removal of all recyclables and trash generated by operation of the concession For additional

information see the DEEP website for Managing Waste and Recycling at Special Events and Other

Venues the direct URL address for which is

httpwwwctgovdepcwpviewaspa=2714ampq=434054ampdepNav_GID=1645

12 General Maintenance The Concessionaire shall be responsible for maintaining the Concession area

in a clean sanitary and orderly manner

13 Exclusivity With the exception of vending machines and commodities having prior written approval

for DEEP sanctioned events including but not limited to events authorized by a Special Use License

the Concessionaire shall have the exclusive right to sell commodities within the property named

herein

14 Vending Machines The State of Connecticut Board of Education and Services for the Blind (BESB)

shall have exclusive rights to vending machines on the premises of the concessions and other

authorized areas within the park or forest for the purpose of vending foods and beverages and to collect

receipts there from provided that the number and locations of such vending machines shall receive

prior written approval from a representative of the DEEP

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

contract shall prevent visitors from bringing food to the park and preparing such food for personal

consumption including dispensing such food at no charge to other park visitors Park visitors may

also utilize private catering services with advanced written approval of the Park and Recreation

Supervisor Said catering services may only be permitted with the condition that no financial

transactions occur on DEEP property

16 Concession Staffing The concession shall be staffed only by the Concessionaire or its employee(s)

or other agents identified herein unless otherwise authorized by the Commissioner in writing

17 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

18 Appearance The Concessionaire and its 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

19 Audible Devices The Concessionaire shall activate audible devices (loudspeakers music bells etc)

only in accordance with instructions provided by the Park and Recreation Supervisor Instructions are

subject to change immediately at the discretion of the Park and Recreation Supervisor

20 Concession Location Unless authorized by the Park and Recreation Supervisor to do otherwise the

Concessionaire agrees to

a identify all park-and-sit locations or drive-through routes on a park map

b confine all concession operations to the designated Concession areas

c confine all sales and advertising to the concession vehicle

d provide garbage and recycling receptacles for customer use

21 Food Inspection An authorized representative of the Commissioner may conduct an unannounced

in-season food inspection once per calendar year Upon request the Concessionaire shall provide a

A-4

range of food and beverage items proportionate to one meal to the Commissionerrsquos

representative for food-tasting purposes

22 Financial Reporting Within 30 days of closing the Concession for the season but in no case

later than December 31 of each calendar year that this contract is in effect the Concessionaire

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

Commissioner of the Superior Court to Department of Energy and Environmental Protection

Bureau of Outdoor Recreation Division of State Parks and Public Outreach 79 Elm Street

Hartford CT 06106-5127

23 Revenue DEEP shall have no responsibility for revenue loss directly or indirectly attributable

to DEEP management actions including but not limited to changes in park or campground

schedules or operations or in services provided to the visiting public DEEP shall have no

responsibility for revenue loss directly or indirectly attributable to uncontrollable phenomena

including but not limited to attendance loss weather conditions or other Acts of God

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

Energy and Environmental Protection regarding State Park and Forest Recreation Areas and

with any other department policy concerning the operation of concessions

The parties have hereunto set their hands

SIGNED AND DELIVERED below

STATE OF CONNECTICUT

Department of Energy and Environmental

Protection

CONCESSIONAIRE

BY BY

Date Date

Contract ______________

Acct Fund SID DeptId Prog Project Bud

Ref Amount

Funds available Date

Attorney General (Approved as to Form) Date

Page 15: REQUEST FOR PROPOSALS (RFP) Management, Operation and

Page 15 of 23

Page 16 of 23

LETTER OF INTENT TO SUBMIT A PROPOSAL

State of Connecticut

Department of Energy amp Environmental Protection

RFP for Eagle Landing State Park

Return to Tenia Seay

Department of Energy amp Environmental Protection

Bureau of Outdoor Recreation

79 Elm Street

Hartford CT 06106-5127

860-424-3064 (Phone)

860-424-4070 (FAX)

Return Deadline 400 pm July 20 2020

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 17 of 23

STATE OF CONNECTICUT

DEPARTMENT OF ENERGY AND ENVIRONMENTAL PROTECTION

BUREAU OF OUTDOOR RECREATION AND

CONNECTICUT STATE PARK AND FOREST RECREATION AREA

MOBILE FOOD AND BEVERAGE CONCESSION

THIS CONTRACT is made by and between the STATE OF CONNECTICUT acting herein by

the Commissioner of the Department of Energy and Environmental Protection hereinafter referred

to as Commissionerrdquo or DEEP or ldquoStaterdquo and [Insert Concessionaire] of the Town of

Waterbury and the state of Connecticut hereinafter referred to as the Concessionaire or

ldquoContractorrdquo

WITNESSETH

WHEREAS the Commissioner of Energy and Environmental Protection 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 a Mobile Food and Beverage Concession

Service and render services to the public at

[Insert Name of Location]

NOW THEREFORE it is hereby agreed as follows

1 Mobile Food and Beverage Concession Service The Concessionaire agrees to operate a

Mobile Food and Beverage Concession Service at the above noted facility The Concessionaire

is responsible for all work included in this Contract Details regarding the Scope of Work are

included in Attachment A which is attached hereto and is hereby made a part of this contract

2 Duration The Commissioner hereby grants to the Concessionaire the exclusive right to

operate the above Mobile Food and Beverage Concession Service at the location identified for

the period commencing upon contract execution through [insert expiration date] At the

Commissionerrsquos sole discretion this contract may be renewed for up to [Insert number] years

without further competition

3 Payment In consideration of said rights and privileges the Concessionaire agrees to pay a

total of [insert amount] to the State of Connecticut due by [insert date] Payments shall be

made by check draft or money order payable to Treasurer State of Connecticut and

delivered or mailed to the Department of Energy and Environmental Protection Accounts

Receivable 79 Elm Street Hartford Connecticut 06106-5127

4 Nondisclosure Contactor shall not release any information concerning the services provided

pursuant to the Contract 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

Page 18 of 23

STANDARD TERMS AND CONDITIONS (Rev 8302019)

1 Definitions

(a) State The State of Connecticut including the Department of Energy and Environmental Protection and

any office department board council commission institution or other agency of the State

(b) Commissioner The Commissioner of Energy and Environmental Protection or the Commissionerrsquos

designated agent

(c) Parties The Department of Energy and Environmental Protection (DEEP or Agency) and the Contractor

(d) Contractor Parties Contractor Parties shall be defined as a Contractorrsquos members directors officers

shareholders partners managers principal officers representatives agents servants consultants employees

or any one of them or any other person or entity with whom the Contractor is in privity of oral or written

contract and the Contractor intends for such other person or entity to Perform under the Contract in any

capacity To the extent that any Contractor Party is to participate or Perform in any way directly or indirectly

in connection with the Contract any reference in the Contract to the ldquoContractorrdquo shall also be deemed to

include ldquoContractor Partiesrdquo as if such reference had originally specifically included ldquoContractor Partiesrdquo

since it is the Partiesrsquo intent for the terms ldquoContractor Partiesrdquo to be vested with the same respective rights

and obligations as the terms ldquoContractorrdquo

(e) Contract This agreement as of its Effective Date between the Contractor and the State for any or all

goods or services as more particularly described in Appendix A

(f) Execution This contract shall be fully executed when it has been signed by authorized representatives

of the parties and if it is for an amount of Twenty-five thousand dollars ($2500000) or more by the

authorized representative of the state Attorney Generals office

(g) Exhibits All attachments appendices or exhibits referred to in and attached to this Contract are

incorporated in this Contract by such reference and shall be deemed to be a part of it as if they had been fully

set forth in it

(h) Records For the purposes of this Contract records are defined as all working papers and such other

information and materials as may have been accumulated by the Contractor in performing the Contract

including but not limited to documents data plans books computations drawings specifications notes

reports records estimates summaries and correspondence kept or stored in any form

(i) Confidential Information Confidential Information shall mean any name number or other information

that may be used alone or in conjunction with any other information to identify a specific individual

including but not limited to such individuals name date of birth mothers maiden name motor vehicle

operators license number Social Security number employee identification number employer or taxpayer

identification number alien registration number government passport number health insurance

identification number demand deposit account number savings account number credit card number debit

card number or unique biometric data such as fingerprint voice print retina or iris image or other unique

physical representation Without limiting the foregoing Confidential Information shall also include any

information that the Department classifies as ldquoconfidentialrdquo or ldquorestrictedrdquo Confidential Information shall

not include information that may be lawfully obtained from publicly available sources or from federal state

or local government records which are lawfully made available to the general public

(j) Confidential Information Breach Confidential Information Breach shall mean generally an instance

where an unauthorized person or entity accesses Confidential Information in any manner including but not

limited to the following occurrences (1) any Confidential Information that is not encrypted or protected is

misplaced lost stolen or in any way compromised (2) one or more third parties have had access to or taken

control or possession of any Confidential Information that is not encrypted or protected without prior written

authorization from the State (3) the unauthorized acquisition of encrypted or protected Confidential

Information together with the confidential process or key that is capable of compromising the integrity of the

Confidential Information or (4) if there is a substantial risk of identity theft or fraud to the client the

Contractor the Department or State

Page 19 of 23

(k) Claim Claim shall mean all actions suits claims demands investigations and proceedings of any kind

open pending or threatened whether mature unmatured contingent known or unknown at law or in equity

in any forum

2 Forum and Choice of Law The parties deem the Contract 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 laws 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

3 Termination

(a) Notwithstanding any provisions in this Contract the Agency 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 The Agency shall notify the Contractor in writing of Termination pursuant

to this section which notice shall specify the effective date of Termination and the extent to which the

Contractor must complete its Performance under the Contract prior to such date

(b) Notwithstanding any provisions in this Contract the Agency through a duly authorized employee may

after making a written determination that the Contractor has breached the Contract Terminate the

Contract in accordance with the provisions in the Breach section of this Contract

(c) The Agency shall send the notice of Termination via certified mail return receipt requested to the

Contractor at the most current address which the Contractor has furnished to the Agency for purposes of

correspondence or by hand delivery Upon receiving the notice from the Agency the Contractor shall

immediately discontinue all services affected in accordance with the notice undertake all commercially

reasonable efforts to mitigate any losses or damages and deliver to the Agency all Records The Records

are deemed to be the property of the Agency and the Contractor shall deliver them to the Agency no later

than thirty (30) days after the Termination of the Contract or fifteen (15) days after the Contractor

receives a written request from the Agency for the Records The Contractor shall deliver those Records

that exist in electronic magnetic or other intangible form in a non-proprietary format such as but not

limited to ASCII or TXT

(d) Upon receipt of a written notice of Termination from the Agency the Contractor shall cease operations

as the Agency directs in the notice and take all actions that are necessary or appropriate or that the

Agency may reasonably direct for the protection and preservation of the Goods and any other property

Except for any work which the Agency directs the Contractor to Perform in the notice prior to the

effective date of Termination and except as otherwise provided in the notice the Contractor shall

terminate or conclude all existing subcontracts and purchase orders and shall not enter into any further

subcontracts purchase orders or commitments

(e) The Agency shall within forty-five (45) days of the effective date of Termination reimburse the

Contractor for its Performance rendered and accepted by the Agency in addition to all actual and

reasonable costs incurred after Termination in completing those portions of the Performance which the

notice required the Contractor to complete However the Contractor is not entitled to receive and the

Agency is not obligated to tender to the Contractor any payments for anticipated or lost profits Upon

request by the Agency the Contractor shall assign to the Agency or any replacement contractor which

the Agency designates all subcontracts purchase orders and other commitments deliver to the Agency

all Records and other information pertaining to its Performance and remove from State premises

whether leased or owned all of Contractorrsquos property equipment waste material and rubbish related to

its Performance all as the Agency may request

(f) For breach or violation of any of the provisions in the section concerning Representations and

Warranties the Agency may Terminate the Contract in accordance with its terms and revoke any

consents to assignments given as if the assignments had never been requested or consented to without

liability to the Contractor or Contractor Parties or any third party

(g) Upon Termination of the Contract all rights and obligations shall be null and void so that no party shall

Page 20 of 23

have any further rights or obligations to any other party except with respect to the sections which survive

Termination All representations warranties agreements and rights of the parties under the Contract

shall survive such Termination to the extent not otherwise limited in the Contract and without each one

of them having to be specifically mentioned in the Contract

(h) Termination of the Contract pursuant to this section shall not be deemed to be a breach of contract by

the Agency

4 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

(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 Contractorrsquos bid proposal 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

(b) The Contractor shall not be responsible for indemnifying or holding the State harmless from any liability

arising due to the negligence of the State or any other person or entity acting under the direct control or

supervision of the State

(c) 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

(d) 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

(e) 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 cause the State to be named as an additional insured

on the policy and shall provide (1) a certificate of insurance (2) the declaration page and (3) the

additional insured endorsement to the policy to the State and the Client Agency all in an electronic format

acceptable to the State prior to the Effective Date of the Contract evidencing that the State is an additional

insured The Contractor shall not begin Performance until the delivery of these three documents to the

Client Agency Contractor shall provide an annual electronic update of the three documents to the Client

Agency and the State on or before each anniversary of the Effective Date during the Contract term State

shall be entitled to recover under the insurance policy even if a body of competent jurisdiction determines

that State is contributorily negligent

(f) This section shall survive the Termination of the Contract and shall not be limited by reason of any

insurance coverage

5 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 and employees

which they 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

6 Protection of Confidential Information Contractor and Contractor Parties at their own expense have a duty to

and shall protect from a Confidential Information Breach any and all Confidential Information which they come

to possess or control wherever and however stored or maintained in a commercially reasonable manner in

accordance with current industry standards

(b) Each Contractor or Contractor Party shall develop implement and maintain a comprehensive data -

security program for the protection of Confidential Information The safeguards contained in such

Page 21 of 23

program shall be consistent with and comply with the safeguards for protection of Confidential

Information and information of a similar character as set forth in all applicable federal and state law

and written policy of the Agency or State concerning the confidentiality of Confidential Information

Such data-security program shall include but not be limited to the following

(1) A security policy for employees related to the storage access and transportation of data containing

Confidential Information

(2) Reasonable restrictions on access to records containing Confidential Information including access

to any locked storage where such records are kept

(3) A process for reviewing policies and security measures at least annually

(4) Creating secure access controls to Confidential Information including but not limited to passwords

and

(5) Encrypting of Confidential Information that is stored on laptops portable devices or being

transmitted electronically

(c) The Contractor and Contractor Parties shall notify the Agency and the Connecticut Office of the Attorney

General as soon as practical but no later than twenty-four (24) hours after they become aware of or

suspect that any Confidential Information which Contractor or Contractor Parties have come to possess

or control has been subject to a Confidential Information Breach If a Confidential Information Breach

has occurred the Contractor shall within three (3) business days after the notification present a credit

monitoring and protection plan to the Commissioner of Administrative Services the Agency and the

Connecticut Office of the Attorney General for review and approval Such credit monitoring or

protection plan shall be made available by the Contractor at its own cost and expense to all individuals

affected by the Confidential Information Breach Such credit monitoring or protection plan shall include

but is not limited to reimbursement for the cost of placing and lifting one (1) security freeze per credit

file pursuant to Connecticut General Statutes sect 36a-701a Such credit monitoring or protection plans

shall be approved by the State in accordance with this Section and shall cover a length of time

commensurate with the circumstances of the Confidential Information Breach The Contractorsrsquo costs

and expenses for the credit monitoring and protection plan shall not be recoverable from the Agency

any State of Connecticut entity or any affected individuals

(d) The Contractor shall incorporate the requirements of this Section in all subcontracts requiring each

Contractor Party to safeguard Confidential Information in the same manner as provided for in this

Section

(e) Nothing in this Section shall supersede in any manner Contractorrsquos or Contractor Partyrsquos obligations

pursuant to HIPAA or the provisions of this Contract concerning the obligations of the Contractor as a

Business Associate of Covered Entity

7 Executive Orders This 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 The Contract may also be subject to Executive Order No 14 of Governor

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

Executive Order No 49 of Governor Dannel P Malloy promulgated May 22 2015 mandating disclosure of

certain gifts to public employees and contributions to certain candidates for office If Executive Order 14 andor

Executive Order 49 are applicable they are deemed to be 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 or DAS shall provide a

copy of these orders to the Contractor

8 State Liability The State of Connecticut shall assume no liability for payment for services under the terms of

this agreement until the contractor is notified that this agreement has been accepted by the contracting agency

and if applicable approved by the Office of Policy and Management (OPM) or the Department of

Administrative Services (DAS) and by the Attorney General of the State of Connecticut

9 Distribution of Materials The Contractor shall obtain written approval from the Commissioner prior to the

distribution or publication of any materials prepared under the terms of this Contract Such approval shall not

be unreasonably withheld

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

approved in writing by the Commissioner at the Commissionerrsquos sole discretion In the event of any

Page 22 of 23

unapproved change in principal project staff the Commissioner may in the Commissionerrsquos sole discretion

terminate this Contract

11 Further Assurances The Parties shall provide such information execute and deliver any instruments and

documents and take such other actions as may be necessary or reasonably requested by the other Party which

are not inconsistent with the provisions of this Contract and which do not involve the vesting of rights or

assumption of obligations other than those provided for in the Contract in order to give full effect to the

Contract and to carry out the intent of the Contract

12 Third Party Participation The Contractor may make sub-awards using either its own competitive selection

process or the values established in the statersquos competitive selection process as outlined in DAS General Letter

71 whichever is more restrictive to conduct any of the tasks in the Scope of Work contained in Appendix A

The Contractor shall advise the Commissioner of the proposed sub-awardee and the amount allocated at least

two (2) weeks prior to the making of such awards The Commissioner reserves the right to disapprove such

awards if they appear to be inconsistent with the program activities to be conducted under this grant As

required by Sec 46a-68j-23 of the Connecticut Regulations of State Agencies the Contractor must make a good

faith effort based upon the availability of minority business enterprises in the labor market area to award a

reasonable proportion of all subcontracts to such enterprises When minority business enterprises are selected

the Contractor shall provide DEEP with a copy of the Affidavit for Certification of Subcontractors as Minority

Business Enterprises (MBE) along with a copy of the purchase order or contract engaging the Subcontractor

The Contractor shall be the sole point of contact concerning the management of the Contract including

performance and payment issues The Contractor is solely and completely responsible for adherence by any

subcontractor to all the applicable provisions of the Contract

13 Americans with Disabilities Act The Contractor shall be and remain in compliance with the Americans with

Disabilities Act of 1990 (ldquoActrdquo) to the extent applicable during the term of the Contract The DEEP may

cancel the Contract if the Contractor fails to comply with the Act

14 Affirmative Action and Sexual Harassment Policies The Contractor agrees to comply with the Departments

Affirmative Action and Sexual Harassment Policies available on DEEPrsquos web site Hard copies of the policy

statements are available upon request at DEEP

15 Breach If either Party breaches the Contract in any respect the non-breaching Party shall provide written

notice of the breach to the breaching Party and afford the breaching Party an opportunity to cure within ten (10)

days from the date that the breaching Party receives the notice In the case of a Contractor breach any other

time period which the Agency sets forth in the notice shall trump the ten (10) days The right to cure period

shall be extended if the non-breaching Party is satisfied that the breaching Party is making a good faith effort

to cure but the nature of the breach is such that it cannot be cured within the right to cure period The notice

may include an effective Contract Termination date if the breach is not cured by the stated date and unless

otherwise modified by the non-breaching Party in writing prior to the Termination date no further action shall

be required of any Party to effect the Termination as of the stated date If the notice does not set forth an

effective Contract Termination date then the non-breaching Party may Terminate the Contract by giving the

breaching Party no less than twenty four (24) hours prior written notice If the Agency believes that the

Contractor has not performed according to the Contract the Agency may withhold payment in whole or in part

pending resolution of the Performance issue provided that the Agency notifies the Contractor in writing prior

to the date that the payment would have been due

16 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

17 The Town Guarantee The Town shall furnish adequate protection from damage for all work and to repair any

damage of any kind for which he or his workmen are responsible to premises or any equipment to his own

work or to the work of the Agency pay for all permits licenses and fees and to give all notices and comply

with all laws ordinances rules and regulations of the city state and federal government

18 Force Majeure The Parties shall not be excused from their obligation to perform in accordance with the

Contract except in the case of Force Majeure events and as otherwise provided for in the Contract A Force

Majeure event materially affects the cost of the Goods or Services or the time schedule for performance and is

outside the control nor caused by the Parties In the case of any such exception the nonperforming Party shall

give immediate written notice to the other explaining the cause and probable duration of any such

Page 23 of 23

nonperformance

19 Entirety of Contract The Contract is the entire agreement between the Parties with respect to its subject matter

and supersedes all prior agreements proposals offers counteroffers and understandings of the Parties whether

written or oral The Contract has been entered into after full investigation neither Party relying upon any

statement or representation by the other unless such statement or representation is specifically embodied in the

Contract

20 Interpretation The Contract contains numerous references to statutes and regulations For purposes of

interpretation conflict resolution and otherwise the content of those statutes and regulations shall govern over

the content of the reference in the Contract to those statutes and regulations

A-1

Attachment A

Scope of Work

Mobile Food and Beverage Concession Services

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

covering each annual period of this contract shall reflect the following limits and shall be submitted

by the Concessionaire to the Department of Energy and Environmental Protection by April 1 of each

year this contract is in effect

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

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

damages arising from the destruction of or damage to property in any one accident or occurrence

In cases where any insurance policy shows an aggregate limit the aggregate shall apply solely to

the concession operation or the aggregate limit shall be not less than $2000000

b 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 from bodily injuries to or death of all persons in any one

accident or occurrence and for all damages arising from the destruction of or damage to property

in any one accident or occurrence In cases where any insurance policy shows an aggregate limit

the aggregate shall apply solely to the concession operation or the aggregate limit shall be not less

than $2000000

c The Concessionaire shall carry Workerrsquos Compensation insurance in accordance with the

requirements of the laws of the State of Connecticut

d Said coveragersquos are to be provided by insurance companies licensed by the State of Connecticut

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

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

2 Commodities and Price List

a The Concessionaire shall be allowed to sell food and beverages as approved in advance by the

Commissioner

b The Concessionaire shall be allowed to sell souvenirs and other outdoor recreation related

merchandise hereinafter referred to collectively as merchandise as approved in advance by the

Commissioner

c By April 1 of each year that this contract is in effect the Concessionaire shall submit for approval

a price list of all foods beverages and merchandise for sale hereinafter referred to collectively as

commodities to the Department of Energy and Environmental Protection Bureau of Outdoor

Recreation Division of State Parks and Public Outreach 79 Elm Street Hartford CT 06106-5127

d Any price increases or additions of commodities are subject to the prior written approval of the

Commissioner

e The Concessionaire shall post a price list of all commodities for sale in full public view while in

operation

f Whenever the park name is used on merchandise the complete park name shall be used

g The Concessionaire warrants that all commodities offered for sale shall not exceed in price nor be

substandard in quality or quantity to like commodities sold in the surrounding community

A-2

3 Sunscreen All concession operations in a park having a designated swimming area shall have

sunscreen with a Sun Protection Factor (SPF) of at least 15 for adults and 45 for children available for

sale to the general public

4 Use of Biodegradable Products To the extent practicable the Concessionaire agrees to use

recyclable and biodegradable products and packaging in all of its operations ie paper products or

products containing recycled contents The Concessionaire agrees to not dispense food or beverages

in close-celled foam-based containers

5 Prohibitions The Concessionaire shall not

a dispense food or beverages in glass containers

b dispense alcoholic beverages

c sell snorkels beach balls rafts or other inflatable or buoyant devices except US Coast Guard

approved personal flotation devices (PFDs)

d permit gratuities to employees of the State of Connecticut

e provide video or pinball games

6 Hours of Operation

a The Concessionaire may operate the Concession daily between 800 am and sunset on any day

that this contract is in effect

b From the Saturday before Memorial Day through July 4th the Concessionaire shall open the

concession on Saturdays Sundays and holidays not later than 1100 am except during inclement

weather and the concession shall remain open at least until three hours before but not later than

sunset

c From July 4th through Labor Day the Concessionaire shall open the concession daily not later than

1100 am except during inclement weather and the concession shall remain open at least until

three hours before but not later than sunset

d Deviations from the above stated schedules are allowable but must receive advanced approval in

writing from the Park and Recreation Supervisor

e When closing due to inclement weather the Concessionaire shall immediately notify the Park and

Recreation Supervisor The Concessionaire shall keep in the concession vehicle at all times a log

of all closures due to inclement weather and it shall be immediately available to the Park and

Recreation Supervisor upon request for inspection

f Within 30 days of closing the concession for the season but in no case later than December 31 of

each calendar year that this contract is in effect the Concessionaire shall submit an Annual

Inclement Weather Closure Report to the Park and Recreation Supervisor

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

the appropriate local health department prior to April 15th of each year this contract is in effect The

Concessionaire is responsible for and shall directly pay for any fees charged for such inspections

8 Health Department Permit The Concessionaire will annually obtain a ldquopermit to sellrdquo from the local

health department and submit a copy of said permit to the DEEP Division of State Parks amp Public

Outreach not later than April 30th of each year this contract is in effect Other Permits The

Concessionaire shall be solely responsible for securing any other licenses permits approvals or

waivers required by any other federal state regional or municipal authority having jurisdiction in the

town(s) in which the Concession is located

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

to state property without the prior written approval of DEEP Any improvements or permanent fixtures

approved by the DEEP and provided by the Concessionaire during the term of this contract shall

immediately become the property of the State of Connecticut

A-3

10 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

11 Refuse Disposal The Concessionaire at its sole expense shall be responsible for the proper disposal

and removal of all recyclables and trash generated by operation of the concession For additional

information see the DEEP website for Managing Waste and Recycling at Special Events and Other

Venues the direct URL address for which is

httpwwwctgovdepcwpviewaspa=2714ampq=434054ampdepNav_GID=1645

12 General Maintenance The Concessionaire shall be responsible for maintaining the Concession area

in a clean sanitary and orderly manner

13 Exclusivity With the exception of vending machines and commodities having prior written approval

for DEEP sanctioned events including but not limited to events authorized by a Special Use License

the Concessionaire shall have the exclusive right to sell commodities within the property named

herein

14 Vending Machines The State of Connecticut Board of Education and Services for the Blind (BESB)

shall have exclusive rights to vending machines on the premises of the concessions and other

authorized areas within the park or forest for the purpose of vending foods and beverages and to collect

receipts there from provided that the number and locations of such vending machines shall receive

prior written approval from a representative of the DEEP

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

contract shall prevent visitors from bringing food to the park and preparing such food for personal

consumption including dispensing such food at no charge to other park visitors Park visitors may

also utilize private catering services with advanced written approval of the Park and Recreation

Supervisor Said catering services may only be permitted with the condition that no financial

transactions occur on DEEP property

16 Concession Staffing The concession shall be staffed only by the Concessionaire or its employee(s)

or other agents identified herein unless otherwise authorized by the Commissioner in writing

17 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

18 Appearance The Concessionaire and its 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

19 Audible Devices The Concessionaire shall activate audible devices (loudspeakers music bells etc)

only in accordance with instructions provided by the Park and Recreation Supervisor Instructions are

subject to change immediately at the discretion of the Park and Recreation Supervisor

20 Concession Location Unless authorized by the Park and Recreation Supervisor to do otherwise the

Concessionaire agrees to

a identify all park-and-sit locations or drive-through routes on a park map

b confine all concession operations to the designated Concession areas

c confine all sales and advertising to the concession vehicle

d provide garbage and recycling receptacles for customer use

21 Food Inspection An authorized representative of the Commissioner may conduct an unannounced

in-season food inspection once per calendar year Upon request the Concessionaire shall provide a

A-4

range of food and beverage items proportionate to one meal to the Commissionerrsquos

representative for food-tasting purposes

22 Financial Reporting Within 30 days of closing the Concession for the season but in no case

later than December 31 of each calendar year that this contract is in effect the Concessionaire

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

Commissioner of the Superior Court to Department of Energy and Environmental Protection

Bureau of Outdoor Recreation Division of State Parks and Public Outreach 79 Elm Street

Hartford CT 06106-5127

23 Revenue DEEP shall have no responsibility for revenue loss directly or indirectly attributable

to DEEP management actions including but not limited to changes in park or campground

schedules or operations or in services provided to the visiting public DEEP shall have no

responsibility for revenue loss directly or indirectly attributable to uncontrollable phenomena

including but not limited to attendance loss weather conditions or other Acts of God

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

Energy and Environmental Protection regarding State Park and Forest Recreation Areas and

with any other department policy concerning the operation of concessions

The parties have hereunto set their hands

SIGNED AND DELIVERED below

STATE OF CONNECTICUT

Department of Energy and Environmental

Protection

CONCESSIONAIRE

BY BY

Date Date

Contract ______________

Acct Fund SID DeptId Prog Project Bud

Ref Amount

Funds available Date

Attorney General (Approved as to Form) Date

Page 16: REQUEST FOR PROPOSALS (RFP) Management, Operation and

Page 16 of 23

LETTER OF INTENT TO SUBMIT A PROPOSAL

State of Connecticut

Department of Energy amp Environmental Protection

RFP for Eagle Landing State Park

Return to Tenia Seay

Department of Energy amp Environmental Protection

Bureau of Outdoor Recreation

79 Elm Street

Hartford CT 06106-5127

860-424-3064 (Phone)

860-424-4070 (FAX)

Return Deadline 400 pm July 20 2020

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 17 of 23

STATE OF CONNECTICUT

DEPARTMENT OF ENERGY AND ENVIRONMENTAL PROTECTION

BUREAU OF OUTDOOR RECREATION AND

CONNECTICUT STATE PARK AND FOREST RECREATION AREA

MOBILE FOOD AND BEVERAGE CONCESSION

THIS CONTRACT is made by and between the STATE OF CONNECTICUT acting herein by

the Commissioner of the Department of Energy and Environmental Protection hereinafter referred

to as Commissionerrdquo or DEEP or ldquoStaterdquo and [Insert Concessionaire] of the Town of

Waterbury and the state of Connecticut hereinafter referred to as the Concessionaire or

ldquoContractorrdquo

WITNESSETH

WHEREAS the Commissioner of Energy and Environmental Protection 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 a Mobile Food and Beverage Concession

Service and render services to the public at

[Insert Name of Location]

NOW THEREFORE it is hereby agreed as follows

1 Mobile Food and Beverage Concession Service The Concessionaire agrees to operate a

Mobile Food and Beverage Concession Service at the above noted facility The Concessionaire

is responsible for all work included in this Contract Details regarding the Scope of Work are

included in Attachment A which is attached hereto and is hereby made a part of this contract

2 Duration The Commissioner hereby grants to the Concessionaire the exclusive right to

operate the above Mobile Food and Beverage Concession Service at the location identified for

the period commencing upon contract execution through [insert expiration date] At the

Commissionerrsquos sole discretion this contract may be renewed for up to [Insert number] years

without further competition

3 Payment In consideration of said rights and privileges the Concessionaire agrees to pay a

total of [insert amount] to the State of Connecticut due by [insert date] Payments shall be

made by check draft or money order payable to Treasurer State of Connecticut and

delivered or mailed to the Department of Energy and Environmental Protection Accounts

Receivable 79 Elm Street Hartford Connecticut 06106-5127

4 Nondisclosure Contactor shall not release any information concerning the services provided

pursuant to the Contract 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

Page 18 of 23

STANDARD TERMS AND CONDITIONS (Rev 8302019)

1 Definitions

(a) State The State of Connecticut including the Department of Energy and Environmental Protection and

any office department board council commission institution or other agency of the State

(b) Commissioner The Commissioner of Energy and Environmental Protection or the Commissionerrsquos

designated agent

(c) Parties The Department of Energy and Environmental Protection (DEEP or Agency) and the Contractor

(d) Contractor Parties Contractor Parties shall be defined as a Contractorrsquos members directors officers

shareholders partners managers principal officers representatives agents servants consultants employees

or any one of them or any other person or entity with whom the Contractor is in privity of oral or written

contract and the Contractor intends for such other person or entity to Perform under the Contract in any

capacity To the extent that any Contractor Party is to participate or Perform in any way directly or indirectly

in connection with the Contract any reference in the Contract to the ldquoContractorrdquo shall also be deemed to

include ldquoContractor Partiesrdquo as if such reference had originally specifically included ldquoContractor Partiesrdquo

since it is the Partiesrsquo intent for the terms ldquoContractor Partiesrdquo to be vested with the same respective rights

and obligations as the terms ldquoContractorrdquo

(e) Contract This agreement as of its Effective Date between the Contractor and the State for any or all

goods or services as more particularly described in Appendix A

(f) Execution This contract shall be fully executed when it has been signed by authorized representatives

of the parties and if it is for an amount of Twenty-five thousand dollars ($2500000) or more by the

authorized representative of the state Attorney Generals office

(g) Exhibits All attachments appendices or exhibits referred to in and attached to this Contract are

incorporated in this Contract by such reference and shall be deemed to be a part of it as if they had been fully

set forth in it

(h) Records For the purposes of this Contract records are defined as all working papers and such other

information and materials as may have been accumulated by the Contractor in performing the Contract

including but not limited to documents data plans books computations drawings specifications notes

reports records estimates summaries and correspondence kept or stored in any form

(i) Confidential Information Confidential Information shall mean any name number or other information

that may be used alone or in conjunction with any other information to identify a specific individual

including but not limited to such individuals name date of birth mothers maiden name motor vehicle

operators license number Social Security number employee identification number employer or taxpayer

identification number alien registration number government passport number health insurance

identification number demand deposit account number savings account number credit card number debit

card number or unique biometric data such as fingerprint voice print retina or iris image or other unique

physical representation Without limiting the foregoing Confidential Information shall also include any

information that the Department classifies as ldquoconfidentialrdquo or ldquorestrictedrdquo Confidential Information shall

not include information that may be lawfully obtained from publicly available sources or from federal state

or local government records which are lawfully made available to the general public

(j) Confidential Information Breach Confidential Information Breach shall mean generally an instance

where an unauthorized person or entity accesses Confidential Information in any manner including but not

limited to the following occurrences (1) any Confidential Information that is not encrypted or protected is

misplaced lost stolen or in any way compromised (2) one or more third parties have had access to or taken

control or possession of any Confidential Information that is not encrypted or protected without prior written

authorization from the State (3) the unauthorized acquisition of encrypted or protected Confidential

Information together with the confidential process or key that is capable of compromising the integrity of the

Confidential Information or (4) if there is a substantial risk of identity theft or fraud to the client the

Contractor the Department or State

Page 19 of 23

(k) Claim Claim shall mean all actions suits claims demands investigations and proceedings of any kind

open pending or threatened whether mature unmatured contingent known or unknown at law or in equity

in any forum

2 Forum and Choice of Law The parties deem the Contract 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 laws 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

3 Termination

(a) Notwithstanding any provisions in this Contract the Agency 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 The Agency shall notify the Contractor in writing of Termination pursuant

to this section which notice shall specify the effective date of Termination and the extent to which the

Contractor must complete its Performance under the Contract prior to such date

(b) Notwithstanding any provisions in this Contract the Agency through a duly authorized employee may

after making a written determination that the Contractor has breached the Contract Terminate the

Contract in accordance with the provisions in the Breach section of this Contract

(c) The Agency shall send the notice of Termination via certified mail return receipt requested to the

Contractor at the most current address which the Contractor has furnished to the Agency for purposes of

correspondence or by hand delivery Upon receiving the notice from the Agency the Contractor shall

immediately discontinue all services affected in accordance with the notice undertake all commercially

reasonable efforts to mitigate any losses or damages and deliver to the Agency all Records The Records

are deemed to be the property of the Agency and the Contractor shall deliver them to the Agency no later

than thirty (30) days after the Termination of the Contract or fifteen (15) days after the Contractor

receives a written request from the Agency for the Records The Contractor shall deliver those Records

that exist in electronic magnetic or other intangible form in a non-proprietary format such as but not

limited to ASCII or TXT

(d) Upon receipt of a written notice of Termination from the Agency the Contractor shall cease operations

as the Agency directs in the notice and take all actions that are necessary or appropriate or that the

Agency may reasonably direct for the protection and preservation of the Goods and any other property

Except for any work which the Agency directs the Contractor to Perform in the notice prior to the

effective date of Termination and except as otherwise provided in the notice the Contractor shall

terminate or conclude all existing subcontracts and purchase orders and shall not enter into any further

subcontracts purchase orders or commitments

(e) The Agency shall within forty-five (45) days of the effective date of Termination reimburse the

Contractor for its Performance rendered and accepted by the Agency in addition to all actual and

reasonable costs incurred after Termination in completing those portions of the Performance which the

notice required the Contractor to complete However the Contractor is not entitled to receive and the

Agency is not obligated to tender to the Contractor any payments for anticipated or lost profits Upon

request by the Agency the Contractor shall assign to the Agency or any replacement contractor which

the Agency designates all subcontracts purchase orders and other commitments deliver to the Agency

all Records and other information pertaining to its Performance and remove from State premises

whether leased or owned all of Contractorrsquos property equipment waste material and rubbish related to

its Performance all as the Agency may request

(f) For breach or violation of any of the provisions in the section concerning Representations and

Warranties the Agency may Terminate the Contract in accordance with its terms and revoke any

consents to assignments given as if the assignments had never been requested or consented to without

liability to the Contractor or Contractor Parties or any third party

(g) Upon Termination of the Contract all rights and obligations shall be null and void so that no party shall

Page 20 of 23

have any further rights or obligations to any other party except with respect to the sections which survive

Termination All representations warranties agreements and rights of the parties under the Contract

shall survive such Termination to the extent not otherwise limited in the Contract and without each one

of them having to be specifically mentioned in the Contract

(h) Termination of the Contract pursuant to this section shall not be deemed to be a breach of contract by

the Agency

4 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

(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 Contractorrsquos bid proposal 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

(b) The Contractor shall not be responsible for indemnifying or holding the State harmless from any liability

arising due to the negligence of the State or any other person or entity acting under the direct control or

supervision of the State

(c) 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

(d) 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

(e) 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 cause the State to be named as an additional insured

on the policy and shall provide (1) a certificate of insurance (2) the declaration page and (3) the

additional insured endorsement to the policy to the State and the Client Agency all in an electronic format

acceptable to the State prior to the Effective Date of the Contract evidencing that the State is an additional

insured The Contractor shall not begin Performance until the delivery of these three documents to the

Client Agency Contractor shall provide an annual electronic update of the three documents to the Client

Agency and the State on or before each anniversary of the Effective Date during the Contract term State

shall be entitled to recover under the insurance policy even if a body of competent jurisdiction determines

that State is contributorily negligent

(f) This section shall survive the Termination of the Contract and shall not be limited by reason of any

insurance coverage

5 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 and employees

which they 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

6 Protection of Confidential Information Contractor and Contractor Parties at their own expense have a duty to

and shall protect from a Confidential Information Breach any and all Confidential Information which they come

to possess or control wherever and however stored or maintained in a commercially reasonable manner in

accordance with current industry standards

(b) Each Contractor or Contractor Party shall develop implement and maintain a comprehensive data -

security program for the protection of Confidential Information The safeguards contained in such

Page 21 of 23

program shall be consistent with and comply with the safeguards for protection of Confidential

Information and information of a similar character as set forth in all applicable federal and state law

and written policy of the Agency or State concerning the confidentiality of Confidential Information

Such data-security program shall include but not be limited to the following

(1) A security policy for employees related to the storage access and transportation of data containing

Confidential Information

(2) Reasonable restrictions on access to records containing Confidential Information including access

to any locked storage where such records are kept

(3) A process for reviewing policies and security measures at least annually

(4) Creating secure access controls to Confidential Information including but not limited to passwords

and

(5) Encrypting of Confidential Information that is stored on laptops portable devices or being

transmitted electronically

(c) The Contractor and Contractor Parties shall notify the Agency and the Connecticut Office of the Attorney

General as soon as practical but no later than twenty-four (24) hours after they become aware of or

suspect that any Confidential Information which Contractor or Contractor Parties have come to possess

or control has been subject to a Confidential Information Breach If a Confidential Information Breach

has occurred the Contractor shall within three (3) business days after the notification present a credit

monitoring and protection plan to the Commissioner of Administrative Services the Agency and the

Connecticut Office of the Attorney General for review and approval Such credit monitoring or

protection plan shall be made available by the Contractor at its own cost and expense to all individuals

affected by the Confidential Information Breach Such credit monitoring or protection plan shall include

but is not limited to reimbursement for the cost of placing and lifting one (1) security freeze per credit

file pursuant to Connecticut General Statutes sect 36a-701a Such credit monitoring or protection plans

shall be approved by the State in accordance with this Section and shall cover a length of time

commensurate with the circumstances of the Confidential Information Breach The Contractorsrsquo costs

and expenses for the credit monitoring and protection plan shall not be recoverable from the Agency

any State of Connecticut entity or any affected individuals

(d) The Contractor shall incorporate the requirements of this Section in all subcontracts requiring each

Contractor Party to safeguard Confidential Information in the same manner as provided for in this

Section

(e) Nothing in this Section shall supersede in any manner Contractorrsquos or Contractor Partyrsquos obligations

pursuant to HIPAA or the provisions of this Contract concerning the obligations of the Contractor as a

Business Associate of Covered Entity

7 Executive Orders This 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 The Contract may also be subject to Executive Order No 14 of Governor

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

Executive Order No 49 of Governor Dannel P Malloy promulgated May 22 2015 mandating disclosure of

certain gifts to public employees and contributions to certain candidates for office If Executive Order 14 andor

Executive Order 49 are applicable they are deemed to be 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 or DAS shall provide a

copy of these orders to the Contractor

8 State Liability The State of Connecticut shall assume no liability for payment for services under the terms of

this agreement until the contractor is notified that this agreement has been accepted by the contracting agency

and if applicable approved by the Office of Policy and Management (OPM) or the Department of

Administrative Services (DAS) and by the Attorney General of the State of Connecticut

9 Distribution of Materials The Contractor shall obtain written approval from the Commissioner prior to the

distribution or publication of any materials prepared under the terms of this Contract Such approval shall not

be unreasonably withheld

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

approved in writing by the Commissioner at the Commissionerrsquos sole discretion In the event of any

Page 22 of 23

unapproved change in principal project staff the Commissioner may in the Commissionerrsquos sole discretion

terminate this Contract

11 Further Assurances The Parties shall provide such information execute and deliver any instruments and

documents and take such other actions as may be necessary or reasonably requested by the other Party which

are not inconsistent with the provisions of this Contract and which do not involve the vesting of rights or

assumption of obligations other than those provided for in the Contract in order to give full effect to the

Contract and to carry out the intent of the Contract

12 Third Party Participation The Contractor may make sub-awards using either its own competitive selection

process or the values established in the statersquos competitive selection process as outlined in DAS General Letter

71 whichever is more restrictive to conduct any of the tasks in the Scope of Work contained in Appendix A

The Contractor shall advise the Commissioner of the proposed sub-awardee and the amount allocated at least

two (2) weeks prior to the making of such awards The Commissioner reserves the right to disapprove such

awards if they appear to be inconsistent with the program activities to be conducted under this grant As

required by Sec 46a-68j-23 of the Connecticut Regulations of State Agencies the Contractor must make a good

faith effort based upon the availability of minority business enterprises in the labor market area to award a

reasonable proportion of all subcontracts to such enterprises When minority business enterprises are selected

the Contractor shall provide DEEP with a copy of the Affidavit for Certification of Subcontractors as Minority

Business Enterprises (MBE) along with a copy of the purchase order or contract engaging the Subcontractor

The Contractor shall be the sole point of contact concerning the management of the Contract including

performance and payment issues The Contractor is solely and completely responsible for adherence by any

subcontractor to all the applicable provisions of the Contract

13 Americans with Disabilities Act The Contractor shall be and remain in compliance with the Americans with

Disabilities Act of 1990 (ldquoActrdquo) to the extent applicable during the term of the Contract The DEEP may

cancel the Contract if the Contractor fails to comply with the Act

14 Affirmative Action and Sexual Harassment Policies The Contractor agrees to comply with the Departments

Affirmative Action and Sexual Harassment Policies available on DEEPrsquos web site Hard copies of the policy

statements are available upon request at DEEP

15 Breach If either Party breaches the Contract in any respect the non-breaching Party shall provide written

notice of the breach to the breaching Party and afford the breaching Party an opportunity to cure within ten (10)

days from the date that the breaching Party receives the notice In the case of a Contractor breach any other

time period which the Agency sets forth in the notice shall trump the ten (10) days The right to cure period

shall be extended if the non-breaching Party is satisfied that the breaching Party is making a good faith effort

to cure but the nature of the breach is such that it cannot be cured within the right to cure period The notice

may include an effective Contract Termination date if the breach is not cured by the stated date and unless

otherwise modified by the non-breaching Party in writing prior to the Termination date no further action shall

be required of any Party to effect the Termination as of the stated date If the notice does not set forth an

effective Contract Termination date then the non-breaching Party may Terminate the Contract by giving the

breaching Party no less than twenty four (24) hours prior written notice If the Agency believes that the

Contractor has not performed according to the Contract the Agency may withhold payment in whole or in part

pending resolution of the Performance issue provided that the Agency notifies the Contractor in writing prior

to the date that the payment would have been due

16 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

17 The Town Guarantee The Town shall furnish adequate protection from damage for all work and to repair any

damage of any kind for which he or his workmen are responsible to premises or any equipment to his own

work or to the work of the Agency pay for all permits licenses and fees and to give all notices and comply

with all laws ordinances rules and regulations of the city state and federal government

18 Force Majeure The Parties shall not be excused from their obligation to perform in accordance with the

Contract except in the case of Force Majeure events and as otherwise provided for in the Contract A Force

Majeure event materially affects the cost of the Goods or Services or the time schedule for performance and is

outside the control nor caused by the Parties In the case of any such exception the nonperforming Party shall

give immediate written notice to the other explaining the cause and probable duration of any such

Page 23 of 23

nonperformance

19 Entirety of Contract The Contract is the entire agreement between the Parties with respect to its subject matter

and supersedes all prior agreements proposals offers counteroffers and understandings of the Parties whether

written or oral The Contract has been entered into after full investigation neither Party relying upon any

statement or representation by the other unless such statement or representation is specifically embodied in the

Contract

20 Interpretation The Contract contains numerous references to statutes and regulations For purposes of

interpretation conflict resolution and otherwise the content of those statutes and regulations shall govern over

the content of the reference in the Contract to those statutes and regulations

A-1

Attachment A

Scope of Work

Mobile Food and Beverage Concession Services

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

covering each annual period of this contract shall reflect the following limits and shall be submitted

by the Concessionaire to the Department of Energy and Environmental Protection by April 1 of each

year this contract is in effect

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

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

damages arising from the destruction of or damage to property in any one accident or occurrence

In cases where any insurance policy shows an aggregate limit the aggregate shall apply solely to

the concession operation or the aggregate limit shall be not less than $2000000

b 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 from bodily injuries to or death of all persons in any one

accident or occurrence and for all damages arising from the destruction of or damage to property

in any one accident or occurrence In cases where any insurance policy shows an aggregate limit

the aggregate shall apply solely to the concession operation or the aggregate limit shall be not less

than $2000000

c The Concessionaire shall carry Workerrsquos Compensation insurance in accordance with the

requirements of the laws of the State of Connecticut

d Said coveragersquos are to be provided by insurance companies licensed by the State of Connecticut

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

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

2 Commodities and Price List

a The Concessionaire shall be allowed to sell food and beverages as approved in advance by the

Commissioner

b The Concessionaire shall be allowed to sell souvenirs and other outdoor recreation related

merchandise hereinafter referred to collectively as merchandise as approved in advance by the

Commissioner

c By April 1 of each year that this contract is in effect the Concessionaire shall submit for approval

a price list of all foods beverages and merchandise for sale hereinafter referred to collectively as

commodities to the Department of Energy and Environmental Protection Bureau of Outdoor

Recreation Division of State Parks and Public Outreach 79 Elm Street Hartford CT 06106-5127

d Any price increases or additions of commodities are subject to the prior written approval of the

Commissioner

e The Concessionaire shall post a price list of all commodities for sale in full public view while in

operation

f Whenever the park name is used on merchandise the complete park name shall be used

g The Concessionaire warrants that all commodities offered for sale shall not exceed in price nor be

substandard in quality or quantity to like commodities sold in the surrounding community

A-2

3 Sunscreen All concession operations in a park having a designated swimming area shall have

sunscreen with a Sun Protection Factor (SPF) of at least 15 for adults and 45 for children available for

sale to the general public

4 Use of Biodegradable Products To the extent practicable the Concessionaire agrees to use

recyclable and biodegradable products and packaging in all of its operations ie paper products or

products containing recycled contents The Concessionaire agrees to not dispense food or beverages

in close-celled foam-based containers

5 Prohibitions The Concessionaire shall not

a dispense food or beverages in glass containers

b dispense alcoholic beverages

c sell snorkels beach balls rafts or other inflatable or buoyant devices except US Coast Guard

approved personal flotation devices (PFDs)

d permit gratuities to employees of the State of Connecticut

e provide video or pinball games

6 Hours of Operation

a The Concessionaire may operate the Concession daily between 800 am and sunset on any day

that this contract is in effect

b From the Saturday before Memorial Day through July 4th the Concessionaire shall open the

concession on Saturdays Sundays and holidays not later than 1100 am except during inclement

weather and the concession shall remain open at least until three hours before but not later than

sunset

c From July 4th through Labor Day the Concessionaire shall open the concession daily not later than

1100 am except during inclement weather and the concession shall remain open at least until

three hours before but not later than sunset

d Deviations from the above stated schedules are allowable but must receive advanced approval in

writing from the Park and Recreation Supervisor

e When closing due to inclement weather the Concessionaire shall immediately notify the Park and

Recreation Supervisor The Concessionaire shall keep in the concession vehicle at all times a log

of all closures due to inclement weather and it shall be immediately available to the Park and

Recreation Supervisor upon request for inspection

f Within 30 days of closing the concession for the season but in no case later than December 31 of

each calendar year that this contract is in effect the Concessionaire shall submit an Annual

Inclement Weather Closure Report to the Park and Recreation Supervisor

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

the appropriate local health department prior to April 15th of each year this contract is in effect The

Concessionaire is responsible for and shall directly pay for any fees charged for such inspections

8 Health Department Permit The Concessionaire will annually obtain a ldquopermit to sellrdquo from the local

health department and submit a copy of said permit to the DEEP Division of State Parks amp Public

Outreach not later than April 30th of each year this contract is in effect Other Permits The

Concessionaire shall be solely responsible for securing any other licenses permits approvals or

waivers required by any other federal state regional or municipal authority having jurisdiction in the

town(s) in which the Concession is located

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

to state property without the prior written approval of DEEP Any improvements or permanent fixtures

approved by the DEEP and provided by the Concessionaire during the term of this contract shall

immediately become the property of the State of Connecticut

A-3

10 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

11 Refuse Disposal The Concessionaire at its sole expense shall be responsible for the proper disposal

and removal of all recyclables and trash generated by operation of the concession For additional

information see the DEEP website for Managing Waste and Recycling at Special Events and Other

Venues the direct URL address for which is

httpwwwctgovdepcwpviewaspa=2714ampq=434054ampdepNav_GID=1645

12 General Maintenance The Concessionaire shall be responsible for maintaining the Concession area

in a clean sanitary and orderly manner

13 Exclusivity With the exception of vending machines and commodities having prior written approval

for DEEP sanctioned events including but not limited to events authorized by a Special Use License

the Concessionaire shall have the exclusive right to sell commodities within the property named

herein

14 Vending Machines The State of Connecticut Board of Education and Services for the Blind (BESB)

shall have exclusive rights to vending machines on the premises of the concessions and other

authorized areas within the park or forest for the purpose of vending foods and beverages and to collect

receipts there from provided that the number and locations of such vending machines shall receive

prior written approval from a representative of the DEEP

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

contract shall prevent visitors from bringing food to the park and preparing such food for personal

consumption including dispensing such food at no charge to other park visitors Park visitors may

also utilize private catering services with advanced written approval of the Park and Recreation

Supervisor Said catering services may only be permitted with the condition that no financial

transactions occur on DEEP property

16 Concession Staffing The concession shall be staffed only by the Concessionaire or its employee(s)

or other agents identified herein unless otherwise authorized by the Commissioner in writing

17 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

18 Appearance The Concessionaire and its 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

19 Audible Devices The Concessionaire shall activate audible devices (loudspeakers music bells etc)

only in accordance with instructions provided by the Park and Recreation Supervisor Instructions are

subject to change immediately at the discretion of the Park and Recreation Supervisor

20 Concession Location Unless authorized by the Park and Recreation Supervisor to do otherwise the

Concessionaire agrees to

a identify all park-and-sit locations or drive-through routes on a park map

b confine all concession operations to the designated Concession areas

c confine all sales and advertising to the concession vehicle

d provide garbage and recycling receptacles for customer use

21 Food Inspection An authorized representative of the Commissioner may conduct an unannounced

in-season food inspection once per calendar year Upon request the Concessionaire shall provide a

A-4

range of food and beverage items proportionate to one meal to the Commissionerrsquos

representative for food-tasting purposes

22 Financial Reporting Within 30 days of closing the Concession for the season but in no case

later than December 31 of each calendar year that this contract is in effect the Concessionaire

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

Commissioner of the Superior Court to Department of Energy and Environmental Protection

Bureau of Outdoor Recreation Division of State Parks and Public Outreach 79 Elm Street

Hartford CT 06106-5127

23 Revenue DEEP shall have no responsibility for revenue loss directly or indirectly attributable

to DEEP management actions including but not limited to changes in park or campground

schedules or operations or in services provided to the visiting public DEEP shall have no

responsibility for revenue loss directly or indirectly attributable to uncontrollable phenomena

including but not limited to attendance loss weather conditions or other Acts of God

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

Energy and Environmental Protection regarding State Park and Forest Recreation Areas and

with any other department policy concerning the operation of concessions

The parties have hereunto set their hands

SIGNED AND DELIVERED below

STATE OF CONNECTICUT

Department of Energy and Environmental

Protection

CONCESSIONAIRE

BY BY

Date Date

Contract ______________

Acct Fund SID DeptId Prog Project Bud

Ref Amount

Funds available Date

Attorney General (Approved as to Form) Date

Page 17: REQUEST FOR PROPOSALS (RFP) Management, Operation and

Page 17 of 23

STATE OF CONNECTICUT

DEPARTMENT OF ENERGY AND ENVIRONMENTAL PROTECTION

BUREAU OF OUTDOOR RECREATION AND

CONNECTICUT STATE PARK AND FOREST RECREATION AREA

MOBILE FOOD AND BEVERAGE CONCESSION

THIS CONTRACT is made by and between the STATE OF CONNECTICUT acting herein by

the Commissioner of the Department of Energy and Environmental Protection hereinafter referred

to as Commissionerrdquo or DEEP or ldquoStaterdquo and [Insert Concessionaire] of the Town of

Waterbury and the state of Connecticut hereinafter referred to as the Concessionaire or

ldquoContractorrdquo

WITNESSETH

WHEREAS the Commissioner of Energy and Environmental Protection 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 a Mobile Food and Beverage Concession

Service and render services to the public at

[Insert Name of Location]

NOW THEREFORE it is hereby agreed as follows

1 Mobile Food and Beverage Concession Service The Concessionaire agrees to operate a

Mobile Food and Beverage Concession Service at the above noted facility The Concessionaire

is responsible for all work included in this Contract Details regarding the Scope of Work are

included in Attachment A which is attached hereto and is hereby made a part of this contract

2 Duration The Commissioner hereby grants to the Concessionaire the exclusive right to

operate the above Mobile Food and Beverage Concession Service at the location identified for

the period commencing upon contract execution through [insert expiration date] At the

Commissionerrsquos sole discretion this contract may be renewed for up to [Insert number] years

without further competition

3 Payment In consideration of said rights and privileges the Concessionaire agrees to pay a

total of [insert amount] to the State of Connecticut due by [insert date] Payments shall be

made by check draft or money order payable to Treasurer State of Connecticut and

delivered or mailed to the Department of Energy and Environmental Protection Accounts

Receivable 79 Elm Street Hartford Connecticut 06106-5127

4 Nondisclosure Contactor shall not release any information concerning the services provided

pursuant to the Contract 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

Page 18 of 23

STANDARD TERMS AND CONDITIONS (Rev 8302019)

1 Definitions

(a) State The State of Connecticut including the Department of Energy and Environmental Protection and

any office department board council commission institution or other agency of the State

(b) Commissioner The Commissioner of Energy and Environmental Protection or the Commissionerrsquos

designated agent

(c) Parties The Department of Energy and Environmental Protection (DEEP or Agency) and the Contractor

(d) Contractor Parties Contractor Parties shall be defined as a Contractorrsquos members directors officers

shareholders partners managers principal officers representatives agents servants consultants employees

or any one of them or any other person or entity with whom the Contractor is in privity of oral or written

contract and the Contractor intends for such other person or entity to Perform under the Contract in any

capacity To the extent that any Contractor Party is to participate or Perform in any way directly or indirectly

in connection with the Contract any reference in the Contract to the ldquoContractorrdquo shall also be deemed to

include ldquoContractor Partiesrdquo as if such reference had originally specifically included ldquoContractor Partiesrdquo

since it is the Partiesrsquo intent for the terms ldquoContractor Partiesrdquo to be vested with the same respective rights

and obligations as the terms ldquoContractorrdquo

(e) Contract This agreement as of its Effective Date between the Contractor and the State for any or all

goods or services as more particularly described in Appendix A

(f) Execution This contract shall be fully executed when it has been signed by authorized representatives

of the parties and if it is for an amount of Twenty-five thousand dollars ($2500000) or more by the

authorized representative of the state Attorney Generals office

(g) Exhibits All attachments appendices or exhibits referred to in and attached to this Contract are

incorporated in this Contract by such reference and shall be deemed to be a part of it as if they had been fully

set forth in it

(h) Records For the purposes of this Contract records are defined as all working papers and such other

information and materials as may have been accumulated by the Contractor in performing the Contract

including but not limited to documents data plans books computations drawings specifications notes

reports records estimates summaries and correspondence kept or stored in any form

(i) Confidential Information Confidential Information shall mean any name number or other information

that may be used alone or in conjunction with any other information to identify a specific individual

including but not limited to such individuals name date of birth mothers maiden name motor vehicle

operators license number Social Security number employee identification number employer or taxpayer

identification number alien registration number government passport number health insurance

identification number demand deposit account number savings account number credit card number debit

card number or unique biometric data such as fingerprint voice print retina or iris image or other unique

physical representation Without limiting the foregoing Confidential Information shall also include any

information that the Department classifies as ldquoconfidentialrdquo or ldquorestrictedrdquo Confidential Information shall

not include information that may be lawfully obtained from publicly available sources or from federal state

or local government records which are lawfully made available to the general public

(j) Confidential Information Breach Confidential Information Breach shall mean generally an instance

where an unauthorized person or entity accesses Confidential Information in any manner including but not

limited to the following occurrences (1) any Confidential Information that is not encrypted or protected is

misplaced lost stolen or in any way compromised (2) one or more third parties have had access to or taken

control or possession of any Confidential Information that is not encrypted or protected without prior written

authorization from the State (3) the unauthorized acquisition of encrypted or protected Confidential

Information together with the confidential process or key that is capable of compromising the integrity of the

Confidential Information or (4) if there is a substantial risk of identity theft or fraud to the client the

Contractor the Department or State

Page 19 of 23

(k) Claim Claim shall mean all actions suits claims demands investigations and proceedings of any kind

open pending or threatened whether mature unmatured contingent known or unknown at law or in equity

in any forum

2 Forum and Choice of Law The parties deem the Contract 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 laws 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

3 Termination

(a) Notwithstanding any provisions in this Contract the Agency 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 The Agency shall notify the Contractor in writing of Termination pursuant

to this section which notice shall specify the effective date of Termination and the extent to which the

Contractor must complete its Performance under the Contract prior to such date

(b) Notwithstanding any provisions in this Contract the Agency through a duly authorized employee may

after making a written determination that the Contractor has breached the Contract Terminate the

Contract in accordance with the provisions in the Breach section of this Contract

(c) The Agency shall send the notice of Termination via certified mail return receipt requested to the

Contractor at the most current address which the Contractor has furnished to the Agency for purposes of

correspondence or by hand delivery Upon receiving the notice from the Agency the Contractor shall

immediately discontinue all services affected in accordance with the notice undertake all commercially

reasonable efforts to mitigate any losses or damages and deliver to the Agency all Records The Records

are deemed to be the property of the Agency and the Contractor shall deliver them to the Agency no later

than thirty (30) days after the Termination of the Contract or fifteen (15) days after the Contractor

receives a written request from the Agency for the Records The Contractor shall deliver those Records

that exist in electronic magnetic or other intangible form in a non-proprietary format such as but not

limited to ASCII or TXT

(d) Upon receipt of a written notice of Termination from the Agency the Contractor shall cease operations

as the Agency directs in the notice and take all actions that are necessary or appropriate or that the

Agency may reasonably direct for the protection and preservation of the Goods and any other property

Except for any work which the Agency directs the Contractor to Perform in the notice prior to the

effective date of Termination and except as otherwise provided in the notice the Contractor shall

terminate or conclude all existing subcontracts and purchase orders and shall not enter into any further

subcontracts purchase orders or commitments

(e) The Agency shall within forty-five (45) days of the effective date of Termination reimburse the

Contractor for its Performance rendered and accepted by the Agency in addition to all actual and

reasonable costs incurred after Termination in completing those portions of the Performance which the

notice required the Contractor to complete However the Contractor is not entitled to receive and the

Agency is not obligated to tender to the Contractor any payments for anticipated or lost profits Upon

request by the Agency the Contractor shall assign to the Agency or any replacement contractor which

the Agency designates all subcontracts purchase orders and other commitments deliver to the Agency

all Records and other information pertaining to its Performance and remove from State premises

whether leased or owned all of Contractorrsquos property equipment waste material and rubbish related to

its Performance all as the Agency may request

(f) For breach or violation of any of the provisions in the section concerning Representations and

Warranties the Agency may Terminate the Contract in accordance with its terms and revoke any

consents to assignments given as if the assignments had never been requested or consented to without

liability to the Contractor or Contractor Parties or any third party

(g) Upon Termination of the Contract all rights and obligations shall be null and void so that no party shall

Page 20 of 23

have any further rights or obligations to any other party except with respect to the sections which survive

Termination All representations warranties agreements and rights of the parties under the Contract

shall survive such Termination to the extent not otherwise limited in the Contract and without each one

of them having to be specifically mentioned in the Contract

(h) Termination of the Contract pursuant to this section shall not be deemed to be a breach of contract by

the Agency

4 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

(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 Contractorrsquos bid proposal 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

(b) The Contractor shall not be responsible for indemnifying or holding the State harmless from any liability

arising due to the negligence of the State or any other person or entity acting under the direct control or

supervision of the State

(c) 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

(d) 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

(e) 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 cause the State to be named as an additional insured

on the policy and shall provide (1) a certificate of insurance (2) the declaration page and (3) the

additional insured endorsement to the policy to the State and the Client Agency all in an electronic format

acceptable to the State prior to the Effective Date of the Contract evidencing that the State is an additional

insured The Contractor shall not begin Performance until the delivery of these three documents to the

Client Agency Contractor shall provide an annual electronic update of the three documents to the Client

Agency and the State on or before each anniversary of the Effective Date during the Contract term State

shall be entitled to recover under the insurance policy even if a body of competent jurisdiction determines

that State is contributorily negligent

(f) This section shall survive the Termination of the Contract and shall not be limited by reason of any

insurance coverage

5 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 and employees

which they 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

6 Protection of Confidential Information Contractor and Contractor Parties at their own expense have a duty to

and shall protect from a Confidential Information Breach any and all Confidential Information which they come

to possess or control wherever and however stored or maintained in a commercially reasonable manner in

accordance with current industry standards

(b) Each Contractor or Contractor Party shall develop implement and maintain a comprehensive data -

security program for the protection of Confidential Information The safeguards contained in such

Page 21 of 23

program shall be consistent with and comply with the safeguards for protection of Confidential

Information and information of a similar character as set forth in all applicable federal and state law

and written policy of the Agency or State concerning the confidentiality of Confidential Information

Such data-security program shall include but not be limited to the following

(1) A security policy for employees related to the storage access and transportation of data containing

Confidential Information

(2) Reasonable restrictions on access to records containing Confidential Information including access

to any locked storage where such records are kept

(3) A process for reviewing policies and security measures at least annually

(4) Creating secure access controls to Confidential Information including but not limited to passwords

and

(5) Encrypting of Confidential Information that is stored on laptops portable devices or being

transmitted electronically

(c) The Contractor and Contractor Parties shall notify the Agency and the Connecticut Office of the Attorney

General as soon as practical but no later than twenty-four (24) hours after they become aware of or

suspect that any Confidential Information which Contractor or Contractor Parties have come to possess

or control has been subject to a Confidential Information Breach If a Confidential Information Breach

has occurred the Contractor shall within three (3) business days after the notification present a credit

monitoring and protection plan to the Commissioner of Administrative Services the Agency and the

Connecticut Office of the Attorney General for review and approval Such credit monitoring or

protection plan shall be made available by the Contractor at its own cost and expense to all individuals

affected by the Confidential Information Breach Such credit monitoring or protection plan shall include

but is not limited to reimbursement for the cost of placing and lifting one (1) security freeze per credit

file pursuant to Connecticut General Statutes sect 36a-701a Such credit monitoring or protection plans

shall be approved by the State in accordance with this Section and shall cover a length of time

commensurate with the circumstances of the Confidential Information Breach The Contractorsrsquo costs

and expenses for the credit monitoring and protection plan shall not be recoverable from the Agency

any State of Connecticut entity or any affected individuals

(d) The Contractor shall incorporate the requirements of this Section in all subcontracts requiring each

Contractor Party to safeguard Confidential Information in the same manner as provided for in this

Section

(e) Nothing in this Section shall supersede in any manner Contractorrsquos or Contractor Partyrsquos obligations

pursuant to HIPAA or the provisions of this Contract concerning the obligations of the Contractor as a

Business Associate of Covered Entity

7 Executive Orders This 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 The Contract may also be subject to Executive Order No 14 of Governor

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

Executive Order No 49 of Governor Dannel P Malloy promulgated May 22 2015 mandating disclosure of

certain gifts to public employees and contributions to certain candidates for office If Executive Order 14 andor

Executive Order 49 are applicable they are deemed to be 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 or DAS shall provide a

copy of these orders to the Contractor

8 State Liability The State of Connecticut shall assume no liability for payment for services under the terms of

this agreement until the contractor is notified that this agreement has been accepted by the contracting agency

and if applicable approved by the Office of Policy and Management (OPM) or the Department of

Administrative Services (DAS) and by the Attorney General of the State of Connecticut

9 Distribution of Materials The Contractor shall obtain written approval from the Commissioner prior to the

distribution or publication of any materials prepared under the terms of this Contract Such approval shall not

be unreasonably withheld

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

approved in writing by the Commissioner at the Commissionerrsquos sole discretion In the event of any

Page 22 of 23

unapproved change in principal project staff the Commissioner may in the Commissionerrsquos sole discretion

terminate this Contract

11 Further Assurances The Parties shall provide such information execute and deliver any instruments and

documents and take such other actions as may be necessary or reasonably requested by the other Party which

are not inconsistent with the provisions of this Contract and which do not involve the vesting of rights or

assumption of obligations other than those provided for in the Contract in order to give full effect to the

Contract and to carry out the intent of the Contract

12 Third Party Participation The Contractor may make sub-awards using either its own competitive selection

process or the values established in the statersquos competitive selection process as outlined in DAS General Letter

71 whichever is more restrictive to conduct any of the tasks in the Scope of Work contained in Appendix A

The Contractor shall advise the Commissioner of the proposed sub-awardee and the amount allocated at least

two (2) weeks prior to the making of such awards The Commissioner reserves the right to disapprove such

awards if they appear to be inconsistent with the program activities to be conducted under this grant As

required by Sec 46a-68j-23 of the Connecticut Regulations of State Agencies the Contractor must make a good

faith effort based upon the availability of minority business enterprises in the labor market area to award a

reasonable proportion of all subcontracts to such enterprises When minority business enterprises are selected

the Contractor shall provide DEEP with a copy of the Affidavit for Certification of Subcontractors as Minority

Business Enterprises (MBE) along with a copy of the purchase order or contract engaging the Subcontractor

The Contractor shall be the sole point of contact concerning the management of the Contract including

performance and payment issues The Contractor is solely and completely responsible for adherence by any

subcontractor to all the applicable provisions of the Contract

13 Americans with Disabilities Act The Contractor shall be and remain in compliance with the Americans with

Disabilities Act of 1990 (ldquoActrdquo) to the extent applicable during the term of the Contract The DEEP may

cancel the Contract if the Contractor fails to comply with the Act

14 Affirmative Action and Sexual Harassment Policies The Contractor agrees to comply with the Departments

Affirmative Action and Sexual Harassment Policies available on DEEPrsquos web site Hard copies of the policy

statements are available upon request at DEEP

15 Breach If either Party breaches the Contract in any respect the non-breaching Party shall provide written

notice of the breach to the breaching Party and afford the breaching Party an opportunity to cure within ten (10)

days from the date that the breaching Party receives the notice In the case of a Contractor breach any other

time period which the Agency sets forth in the notice shall trump the ten (10) days The right to cure period

shall be extended if the non-breaching Party is satisfied that the breaching Party is making a good faith effort

to cure but the nature of the breach is such that it cannot be cured within the right to cure period The notice

may include an effective Contract Termination date if the breach is not cured by the stated date and unless

otherwise modified by the non-breaching Party in writing prior to the Termination date no further action shall

be required of any Party to effect the Termination as of the stated date If the notice does not set forth an

effective Contract Termination date then the non-breaching Party may Terminate the Contract by giving the

breaching Party no less than twenty four (24) hours prior written notice If the Agency believes that the

Contractor has not performed according to the Contract the Agency may withhold payment in whole or in part

pending resolution of the Performance issue provided that the Agency notifies the Contractor in writing prior

to the date that the payment would have been due

16 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

17 The Town Guarantee The Town shall furnish adequate protection from damage for all work and to repair any

damage of any kind for which he or his workmen are responsible to premises or any equipment to his own

work or to the work of the Agency pay for all permits licenses and fees and to give all notices and comply

with all laws ordinances rules and regulations of the city state and federal government

18 Force Majeure The Parties shall not be excused from their obligation to perform in accordance with the

Contract except in the case of Force Majeure events and as otherwise provided for in the Contract A Force

Majeure event materially affects the cost of the Goods or Services or the time schedule for performance and is

outside the control nor caused by the Parties In the case of any such exception the nonperforming Party shall

give immediate written notice to the other explaining the cause and probable duration of any such

Page 23 of 23

nonperformance

19 Entirety of Contract The Contract is the entire agreement between the Parties with respect to its subject matter

and supersedes all prior agreements proposals offers counteroffers and understandings of the Parties whether

written or oral The Contract has been entered into after full investigation neither Party relying upon any

statement or representation by the other unless such statement or representation is specifically embodied in the

Contract

20 Interpretation The Contract contains numerous references to statutes and regulations For purposes of

interpretation conflict resolution and otherwise the content of those statutes and regulations shall govern over

the content of the reference in the Contract to those statutes and regulations

A-1

Attachment A

Scope of Work

Mobile Food and Beverage Concession Services

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

covering each annual period of this contract shall reflect the following limits and shall be submitted

by the Concessionaire to the Department of Energy and Environmental Protection by April 1 of each

year this contract is in effect

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

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

damages arising from the destruction of or damage to property in any one accident or occurrence

In cases where any insurance policy shows an aggregate limit the aggregate shall apply solely to

the concession operation or the aggregate limit shall be not less than $2000000

b 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 from bodily injuries to or death of all persons in any one

accident or occurrence and for all damages arising from the destruction of or damage to property

in any one accident or occurrence In cases where any insurance policy shows an aggregate limit

the aggregate shall apply solely to the concession operation or the aggregate limit shall be not less

than $2000000

c The Concessionaire shall carry Workerrsquos Compensation insurance in accordance with the

requirements of the laws of the State of Connecticut

d Said coveragersquos are to be provided by insurance companies licensed by the State of Connecticut

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

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

2 Commodities and Price List

a The Concessionaire shall be allowed to sell food and beverages as approved in advance by the

Commissioner

b The Concessionaire shall be allowed to sell souvenirs and other outdoor recreation related

merchandise hereinafter referred to collectively as merchandise as approved in advance by the

Commissioner

c By April 1 of each year that this contract is in effect the Concessionaire shall submit for approval

a price list of all foods beverages and merchandise for sale hereinafter referred to collectively as

commodities to the Department of Energy and Environmental Protection Bureau of Outdoor

Recreation Division of State Parks and Public Outreach 79 Elm Street Hartford CT 06106-5127

d Any price increases or additions of commodities are subject to the prior written approval of the

Commissioner

e The Concessionaire shall post a price list of all commodities for sale in full public view while in

operation

f Whenever the park name is used on merchandise the complete park name shall be used

g The Concessionaire warrants that all commodities offered for sale shall not exceed in price nor be

substandard in quality or quantity to like commodities sold in the surrounding community

A-2

3 Sunscreen All concession operations in a park having a designated swimming area shall have

sunscreen with a Sun Protection Factor (SPF) of at least 15 for adults and 45 for children available for

sale to the general public

4 Use of Biodegradable Products To the extent practicable the Concessionaire agrees to use

recyclable and biodegradable products and packaging in all of its operations ie paper products or

products containing recycled contents The Concessionaire agrees to not dispense food or beverages

in close-celled foam-based containers

5 Prohibitions The Concessionaire shall not

a dispense food or beverages in glass containers

b dispense alcoholic beverages

c sell snorkels beach balls rafts or other inflatable or buoyant devices except US Coast Guard

approved personal flotation devices (PFDs)

d permit gratuities to employees of the State of Connecticut

e provide video or pinball games

6 Hours of Operation

a The Concessionaire may operate the Concession daily between 800 am and sunset on any day

that this contract is in effect

b From the Saturday before Memorial Day through July 4th the Concessionaire shall open the

concession on Saturdays Sundays and holidays not later than 1100 am except during inclement

weather and the concession shall remain open at least until three hours before but not later than

sunset

c From July 4th through Labor Day the Concessionaire shall open the concession daily not later than

1100 am except during inclement weather and the concession shall remain open at least until

three hours before but not later than sunset

d Deviations from the above stated schedules are allowable but must receive advanced approval in

writing from the Park and Recreation Supervisor

e When closing due to inclement weather the Concessionaire shall immediately notify the Park and

Recreation Supervisor The Concessionaire shall keep in the concession vehicle at all times a log

of all closures due to inclement weather and it shall be immediately available to the Park and

Recreation Supervisor upon request for inspection

f Within 30 days of closing the concession for the season but in no case later than December 31 of

each calendar year that this contract is in effect the Concessionaire shall submit an Annual

Inclement Weather Closure Report to the Park and Recreation Supervisor

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

the appropriate local health department prior to April 15th of each year this contract is in effect The

Concessionaire is responsible for and shall directly pay for any fees charged for such inspections

8 Health Department Permit The Concessionaire will annually obtain a ldquopermit to sellrdquo from the local

health department and submit a copy of said permit to the DEEP Division of State Parks amp Public

Outreach not later than April 30th of each year this contract is in effect Other Permits The

Concessionaire shall be solely responsible for securing any other licenses permits approvals or

waivers required by any other federal state regional or municipal authority having jurisdiction in the

town(s) in which the Concession is located

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

to state property without the prior written approval of DEEP Any improvements or permanent fixtures

approved by the DEEP and provided by the Concessionaire during the term of this contract shall

immediately become the property of the State of Connecticut

A-3

10 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

11 Refuse Disposal The Concessionaire at its sole expense shall be responsible for the proper disposal

and removal of all recyclables and trash generated by operation of the concession For additional

information see the DEEP website for Managing Waste and Recycling at Special Events and Other

Venues the direct URL address for which is

httpwwwctgovdepcwpviewaspa=2714ampq=434054ampdepNav_GID=1645

12 General Maintenance The Concessionaire shall be responsible for maintaining the Concession area

in a clean sanitary and orderly manner

13 Exclusivity With the exception of vending machines and commodities having prior written approval

for DEEP sanctioned events including but not limited to events authorized by a Special Use License

the Concessionaire shall have the exclusive right to sell commodities within the property named

herein

14 Vending Machines The State of Connecticut Board of Education and Services for the Blind (BESB)

shall have exclusive rights to vending machines on the premises of the concessions and other

authorized areas within the park or forest for the purpose of vending foods and beverages and to collect

receipts there from provided that the number and locations of such vending machines shall receive

prior written approval from a representative of the DEEP

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

contract shall prevent visitors from bringing food to the park and preparing such food for personal

consumption including dispensing such food at no charge to other park visitors Park visitors may

also utilize private catering services with advanced written approval of the Park and Recreation

Supervisor Said catering services may only be permitted with the condition that no financial

transactions occur on DEEP property

16 Concession Staffing The concession shall be staffed only by the Concessionaire or its employee(s)

or other agents identified herein unless otherwise authorized by the Commissioner in writing

17 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

18 Appearance The Concessionaire and its 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

19 Audible Devices The Concessionaire shall activate audible devices (loudspeakers music bells etc)

only in accordance with instructions provided by the Park and Recreation Supervisor Instructions are

subject to change immediately at the discretion of the Park and Recreation Supervisor

20 Concession Location Unless authorized by the Park and Recreation Supervisor to do otherwise the

Concessionaire agrees to

a identify all park-and-sit locations or drive-through routes on a park map

b confine all concession operations to the designated Concession areas

c confine all sales and advertising to the concession vehicle

d provide garbage and recycling receptacles for customer use

21 Food Inspection An authorized representative of the Commissioner may conduct an unannounced

in-season food inspection once per calendar year Upon request the Concessionaire shall provide a

A-4

range of food and beverage items proportionate to one meal to the Commissionerrsquos

representative for food-tasting purposes

22 Financial Reporting Within 30 days of closing the Concession for the season but in no case

later than December 31 of each calendar year that this contract is in effect the Concessionaire

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

Commissioner of the Superior Court to Department of Energy and Environmental Protection

Bureau of Outdoor Recreation Division of State Parks and Public Outreach 79 Elm Street

Hartford CT 06106-5127

23 Revenue DEEP shall have no responsibility for revenue loss directly or indirectly attributable

to DEEP management actions including but not limited to changes in park or campground

schedules or operations or in services provided to the visiting public DEEP shall have no

responsibility for revenue loss directly or indirectly attributable to uncontrollable phenomena

including but not limited to attendance loss weather conditions or other Acts of God

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

Energy and Environmental Protection regarding State Park and Forest Recreation Areas and

with any other department policy concerning the operation of concessions

The parties have hereunto set their hands

SIGNED AND DELIVERED below

STATE OF CONNECTICUT

Department of Energy and Environmental

Protection

CONCESSIONAIRE

BY BY

Date Date

Contract ______________

Acct Fund SID DeptId Prog Project Bud

Ref Amount

Funds available Date

Attorney General (Approved as to Form) Date

Page 18: REQUEST FOR PROPOSALS (RFP) Management, Operation and

Page 18 of 23

STANDARD TERMS AND CONDITIONS (Rev 8302019)

1 Definitions

(a) State The State of Connecticut including the Department of Energy and Environmental Protection and

any office department board council commission institution or other agency of the State

(b) Commissioner The Commissioner of Energy and Environmental Protection or the Commissionerrsquos

designated agent

(c) Parties The Department of Energy and Environmental Protection (DEEP or Agency) and the Contractor

(d) Contractor Parties Contractor Parties shall be defined as a Contractorrsquos members directors officers

shareholders partners managers principal officers representatives agents servants consultants employees

or any one of them or any other person or entity with whom the Contractor is in privity of oral or written

contract and the Contractor intends for such other person or entity to Perform under the Contract in any

capacity To the extent that any Contractor Party is to participate or Perform in any way directly or indirectly

in connection with the Contract any reference in the Contract to the ldquoContractorrdquo shall also be deemed to

include ldquoContractor Partiesrdquo as if such reference had originally specifically included ldquoContractor Partiesrdquo

since it is the Partiesrsquo intent for the terms ldquoContractor Partiesrdquo to be vested with the same respective rights

and obligations as the terms ldquoContractorrdquo

(e) Contract This agreement as of its Effective Date between the Contractor and the State for any or all

goods or services as more particularly described in Appendix A

(f) Execution This contract shall be fully executed when it has been signed by authorized representatives

of the parties and if it is for an amount of Twenty-five thousand dollars ($2500000) or more by the

authorized representative of the state Attorney Generals office

(g) Exhibits All attachments appendices or exhibits referred to in and attached to this Contract are

incorporated in this Contract by such reference and shall be deemed to be a part of it as if they had been fully

set forth in it

(h) Records For the purposes of this Contract records are defined as all working papers and such other

information and materials as may have been accumulated by the Contractor in performing the Contract

including but not limited to documents data plans books computations drawings specifications notes

reports records estimates summaries and correspondence kept or stored in any form

(i) Confidential Information Confidential Information shall mean any name number or other information

that may be used alone or in conjunction with any other information to identify a specific individual

including but not limited to such individuals name date of birth mothers maiden name motor vehicle

operators license number Social Security number employee identification number employer or taxpayer

identification number alien registration number government passport number health insurance

identification number demand deposit account number savings account number credit card number debit

card number or unique biometric data such as fingerprint voice print retina or iris image or other unique

physical representation Without limiting the foregoing Confidential Information shall also include any

information that the Department classifies as ldquoconfidentialrdquo or ldquorestrictedrdquo Confidential Information shall

not include information that may be lawfully obtained from publicly available sources or from federal state

or local government records which are lawfully made available to the general public

(j) Confidential Information Breach Confidential Information Breach shall mean generally an instance

where an unauthorized person or entity accesses Confidential Information in any manner including but not

limited to the following occurrences (1) any Confidential Information that is not encrypted or protected is

misplaced lost stolen or in any way compromised (2) one or more third parties have had access to or taken

control or possession of any Confidential Information that is not encrypted or protected without prior written

authorization from the State (3) the unauthorized acquisition of encrypted or protected Confidential

Information together with the confidential process or key that is capable of compromising the integrity of the

Confidential Information or (4) if there is a substantial risk of identity theft or fraud to the client the

Contractor the Department or State

Page 19 of 23

(k) Claim Claim shall mean all actions suits claims demands investigations and proceedings of any kind

open pending or threatened whether mature unmatured contingent known or unknown at law or in equity

in any forum

2 Forum and Choice of Law The parties deem the Contract 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 laws 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

3 Termination

(a) Notwithstanding any provisions in this Contract the Agency 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 The Agency shall notify the Contractor in writing of Termination pursuant

to this section which notice shall specify the effective date of Termination and the extent to which the

Contractor must complete its Performance under the Contract prior to such date

(b) Notwithstanding any provisions in this Contract the Agency through a duly authorized employee may

after making a written determination that the Contractor has breached the Contract Terminate the

Contract in accordance with the provisions in the Breach section of this Contract

(c) The Agency shall send the notice of Termination via certified mail return receipt requested to the

Contractor at the most current address which the Contractor has furnished to the Agency for purposes of

correspondence or by hand delivery Upon receiving the notice from the Agency the Contractor shall

immediately discontinue all services affected in accordance with the notice undertake all commercially

reasonable efforts to mitigate any losses or damages and deliver to the Agency all Records The Records

are deemed to be the property of the Agency and the Contractor shall deliver them to the Agency no later

than thirty (30) days after the Termination of the Contract or fifteen (15) days after the Contractor

receives a written request from the Agency for the Records The Contractor shall deliver those Records

that exist in electronic magnetic or other intangible form in a non-proprietary format such as but not

limited to ASCII or TXT

(d) Upon receipt of a written notice of Termination from the Agency the Contractor shall cease operations

as the Agency directs in the notice and take all actions that are necessary or appropriate or that the

Agency may reasonably direct for the protection and preservation of the Goods and any other property

Except for any work which the Agency directs the Contractor to Perform in the notice prior to the

effective date of Termination and except as otherwise provided in the notice the Contractor shall

terminate or conclude all existing subcontracts and purchase orders and shall not enter into any further

subcontracts purchase orders or commitments

(e) The Agency shall within forty-five (45) days of the effective date of Termination reimburse the

Contractor for its Performance rendered and accepted by the Agency in addition to all actual and

reasonable costs incurred after Termination in completing those portions of the Performance which the

notice required the Contractor to complete However the Contractor is not entitled to receive and the

Agency is not obligated to tender to the Contractor any payments for anticipated or lost profits Upon

request by the Agency the Contractor shall assign to the Agency or any replacement contractor which

the Agency designates all subcontracts purchase orders and other commitments deliver to the Agency

all Records and other information pertaining to its Performance and remove from State premises

whether leased or owned all of Contractorrsquos property equipment waste material and rubbish related to

its Performance all as the Agency may request

(f) For breach or violation of any of the provisions in the section concerning Representations and

Warranties the Agency may Terminate the Contract in accordance with its terms and revoke any

consents to assignments given as if the assignments had never been requested or consented to without

liability to the Contractor or Contractor Parties or any third party

(g) Upon Termination of the Contract all rights and obligations shall be null and void so that no party shall

Page 20 of 23

have any further rights or obligations to any other party except with respect to the sections which survive

Termination All representations warranties agreements and rights of the parties under the Contract

shall survive such Termination to the extent not otherwise limited in the Contract and without each one

of them having to be specifically mentioned in the Contract

(h) Termination of the Contract pursuant to this section shall not be deemed to be a breach of contract by

the Agency

4 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

(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 Contractorrsquos bid proposal 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

(b) The Contractor shall not be responsible for indemnifying or holding the State harmless from any liability

arising due to the negligence of the State or any other person or entity acting under the direct control or

supervision of the State

(c) 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

(d) 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

(e) 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 cause the State to be named as an additional insured

on the policy and shall provide (1) a certificate of insurance (2) the declaration page and (3) the

additional insured endorsement to the policy to the State and the Client Agency all in an electronic format

acceptable to the State prior to the Effective Date of the Contract evidencing that the State is an additional

insured The Contractor shall not begin Performance until the delivery of these three documents to the

Client Agency Contractor shall provide an annual electronic update of the three documents to the Client

Agency and the State on or before each anniversary of the Effective Date during the Contract term State

shall be entitled to recover under the insurance policy even if a body of competent jurisdiction determines

that State is contributorily negligent

(f) This section shall survive the Termination of the Contract and shall not be limited by reason of any

insurance coverage

5 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 and employees

which they 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

6 Protection of Confidential Information Contractor and Contractor Parties at their own expense have a duty to

and shall protect from a Confidential Information Breach any and all Confidential Information which they come

to possess or control wherever and however stored or maintained in a commercially reasonable manner in

accordance with current industry standards

(b) Each Contractor or Contractor Party shall develop implement and maintain a comprehensive data -

security program for the protection of Confidential Information The safeguards contained in such

Page 21 of 23

program shall be consistent with and comply with the safeguards for protection of Confidential

Information and information of a similar character as set forth in all applicable federal and state law

and written policy of the Agency or State concerning the confidentiality of Confidential Information

Such data-security program shall include but not be limited to the following

(1) A security policy for employees related to the storage access and transportation of data containing

Confidential Information

(2) Reasonable restrictions on access to records containing Confidential Information including access

to any locked storage where such records are kept

(3) A process for reviewing policies and security measures at least annually

(4) Creating secure access controls to Confidential Information including but not limited to passwords

and

(5) Encrypting of Confidential Information that is stored on laptops portable devices or being

transmitted electronically

(c) The Contractor and Contractor Parties shall notify the Agency and the Connecticut Office of the Attorney

General as soon as practical but no later than twenty-four (24) hours after they become aware of or

suspect that any Confidential Information which Contractor or Contractor Parties have come to possess

or control has been subject to a Confidential Information Breach If a Confidential Information Breach

has occurred the Contractor shall within three (3) business days after the notification present a credit

monitoring and protection plan to the Commissioner of Administrative Services the Agency and the

Connecticut Office of the Attorney General for review and approval Such credit monitoring or

protection plan shall be made available by the Contractor at its own cost and expense to all individuals

affected by the Confidential Information Breach Such credit monitoring or protection plan shall include

but is not limited to reimbursement for the cost of placing and lifting one (1) security freeze per credit

file pursuant to Connecticut General Statutes sect 36a-701a Such credit monitoring or protection plans

shall be approved by the State in accordance with this Section and shall cover a length of time

commensurate with the circumstances of the Confidential Information Breach The Contractorsrsquo costs

and expenses for the credit monitoring and protection plan shall not be recoverable from the Agency

any State of Connecticut entity or any affected individuals

(d) The Contractor shall incorporate the requirements of this Section in all subcontracts requiring each

Contractor Party to safeguard Confidential Information in the same manner as provided for in this

Section

(e) Nothing in this Section shall supersede in any manner Contractorrsquos or Contractor Partyrsquos obligations

pursuant to HIPAA or the provisions of this Contract concerning the obligations of the Contractor as a

Business Associate of Covered Entity

7 Executive Orders This 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 The Contract may also be subject to Executive Order No 14 of Governor

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

Executive Order No 49 of Governor Dannel P Malloy promulgated May 22 2015 mandating disclosure of

certain gifts to public employees and contributions to certain candidates for office If Executive Order 14 andor

Executive Order 49 are applicable they are deemed to be 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 or DAS shall provide a

copy of these orders to the Contractor

8 State Liability The State of Connecticut shall assume no liability for payment for services under the terms of

this agreement until the contractor is notified that this agreement has been accepted by the contracting agency

and if applicable approved by the Office of Policy and Management (OPM) or the Department of

Administrative Services (DAS) and by the Attorney General of the State of Connecticut

9 Distribution of Materials The Contractor shall obtain written approval from the Commissioner prior to the

distribution or publication of any materials prepared under the terms of this Contract Such approval shall not

be unreasonably withheld

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

approved in writing by the Commissioner at the Commissionerrsquos sole discretion In the event of any

Page 22 of 23

unapproved change in principal project staff the Commissioner may in the Commissionerrsquos sole discretion

terminate this Contract

11 Further Assurances The Parties shall provide such information execute and deliver any instruments and

documents and take such other actions as may be necessary or reasonably requested by the other Party which

are not inconsistent with the provisions of this Contract and which do not involve the vesting of rights or

assumption of obligations other than those provided for in the Contract in order to give full effect to the

Contract and to carry out the intent of the Contract

12 Third Party Participation The Contractor may make sub-awards using either its own competitive selection

process or the values established in the statersquos competitive selection process as outlined in DAS General Letter

71 whichever is more restrictive to conduct any of the tasks in the Scope of Work contained in Appendix A

The Contractor shall advise the Commissioner of the proposed sub-awardee and the amount allocated at least

two (2) weeks prior to the making of such awards The Commissioner reserves the right to disapprove such

awards if they appear to be inconsistent with the program activities to be conducted under this grant As

required by Sec 46a-68j-23 of the Connecticut Regulations of State Agencies the Contractor must make a good

faith effort based upon the availability of minority business enterprises in the labor market area to award a

reasonable proportion of all subcontracts to such enterprises When minority business enterprises are selected

the Contractor shall provide DEEP with a copy of the Affidavit for Certification of Subcontractors as Minority

Business Enterprises (MBE) along with a copy of the purchase order or contract engaging the Subcontractor

The Contractor shall be the sole point of contact concerning the management of the Contract including

performance and payment issues The Contractor is solely and completely responsible for adherence by any

subcontractor to all the applicable provisions of the Contract

13 Americans with Disabilities Act The Contractor shall be and remain in compliance with the Americans with

Disabilities Act of 1990 (ldquoActrdquo) to the extent applicable during the term of the Contract The DEEP may

cancel the Contract if the Contractor fails to comply with the Act

14 Affirmative Action and Sexual Harassment Policies The Contractor agrees to comply with the Departments

Affirmative Action and Sexual Harassment Policies available on DEEPrsquos web site Hard copies of the policy

statements are available upon request at DEEP

15 Breach If either Party breaches the Contract in any respect the non-breaching Party shall provide written

notice of the breach to the breaching Party and afford the breaching Party an opportunity to cure within ten (10)

days from the date that the breaching Party receives the notice In the case of a Contractor breach any other

time period which the Agency sets forth in the notice shall trump the ten (10) days The right to cure period

shall be extended if the non-breaching Party is satisfied that the breaching Party is making a good faith effort

to cure but the nature of the breach is such that it cannot be cured within the right to cure period The notice

may include an effective Contract Termination date if the breach is not cured by the stated date and unless

otherwise modified by the non-breaching Party in writing prior to the Termination date no further action shall

be required of any Party to effect the Termination as of the stated date If the notice does not set forth an

effective Contract Termination date then the non-breaching Party may Terminate the Contract by giving the

breaching Party no less than twenty four (24) hours prior written notice If the Agency believes that the

Contractor has not performed according to the Contract the Agency may withhold payment in whole or in part

pending resolution of the Performance issue provided that the Agency notifies the Contractor in writing prior

to the date that the payment would have been due

16 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

17 The Town Guarantee The Town shall furnish adequate protection from damage for all work and to repair any

damage of any kind for which he or his workmen are responsible to premises or any equipment to his own

work or to the work of the Agency pay for all permits licenses and fees and to give all notices and comply

with all laws ordinances rules and regulations of the city state and federal government

18 Force Majeure The Parties shall not be excused from their obligation to perform in accordance with the

Contract except in the case of Force Majeure events and as otherwise provided for in the Contract A Force

Majeure event materially affects the cost of the Goods or Services or the time schedule for performance and is

outside the control nor caused by the Parties In the case of any such exception the nonperforming Party shall

give immediate written notice to the other explaining the cause and probable duration of any such

Page 23 of 23

nonperformance

19 Entirety of Contract The Contract is the entire agreement between the Parties with respect to its subject matter

and supersedes all prior agreements proposals offers counteroffers and understandings of the Parties whether

written or oral The Contract has been entered into after full investigation neither Party relying upon any

statement or representation by the other unless such statement or representation is specifically embodied in the

Contract

20 Interpretation The Contract contains numerous references to statutes and regulations For purposes of

interpretation conflict resolution and otherwise the content of those statutes and regulations shall govern over

the content of the reference in the Contract to those statutes and regulations

A-1

Attachment A

Scope of Work

Mobile Food and Beverage Concession Services

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

covering each annual period of this contract shall reflect the following limits and shall be submitted

by the Concessionaire to the Department of Energy and Environmental Protection by April 1 of each

year this contract is in effect

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

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

damages arising from the destruction of or damage to property in any one accident or occurrence

In cases where any insurance policy shows an aggregate limit the aggregate shall apply solely to

the concession operation or the aggregate limit shall be not less than $2000000

b 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 from bodily injuries to or death of all persons in any one

accident or occurrence and for all damages arising from the destruction of or damage to property

in any one accident or occurrence In cases where any insurance policy shows an aggregate limit

the aggregate shall apply solely to the concession operation or the aggregate limit shall be not less

than $2000000

c The Concessionaire shall carry Workerrsquos Compensation insurance in accordance with the

requirements of the laws of the State of Connecticut

d Said coveragersquos are to be provided by insurance companies licensed by the State of Connecticut

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

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

2 Commodities and Price List

a The Concessionaire shall be allowed to sell food and beverages as approved in advance by the

Commissioner

b The Concessionaire shall be allowed to sell souvenirs and other outdoor recreation related

merchandise hereinafter referred to collectively as merchandise as approved in advance by the

Commissioner

c By April 1 of each year that this contract is in effect the Concessionaire shall submit for approval

a price list of all foods beverages and merchandise for sale hereinafter referred to collectively as

commodities to the Department of Energy and Environmental Protection Bureau of Outdoor

Recreation Division of State Parks and Public Outreach 79 Elm Street Hartford CT 06106-5127

d Any price increases or additions of commodities are subject to the prior written approval of the

Commissioner

e The Concessionaire shall post a price list of all commodities for sale in full public view while in

operation

f Whenever the park name is used on merchandise the complete park name shall be used

g The Concessionaire warrants that all commodities offered for sale shall not exceed in price nor be

substandard in quality or quantity to like commodities sold in the surrounding community

A-2

3 Sunscreen All concession operations in a park having a designated swimming area shall have

sunscreen with a Sun Protection Factor (SPF) of at least 15 for adults and 45 for children available for

sale to the general public

4 Use of Biodegradable Products To the extent practicable the Concessionaire agrees to use

recyclable and biodegradable products and packaging in all of its operations ie paper products or

products containing recycled contents The Concessionaire agrees to not dispense food or beverages

in close-celled foam-based containers

5 Prohibitions The Concessionaire shall not

a dispense food or beverages in glass containers

b dispense alcoholic beverages

c sell snorkels beach balls rafts or other inflatable or buoyant devices except US Coast Guard

approved personal flotation devices (PFDs)

d permit gratuities to employees of the State of Connecticut

e provide video or pinball games

6 Hours of Operation

a The Concessionaire may operate the Concession daily between 800 am and sunset on any day

that this contract is in effect

b From the Saturday before Memorial Day through July 4th the Concessionaire shall open the

concession on Saturdays Sundays and holidays not later than 1100 am except during inclement

weather and the concession shall remain open at least until three hours before but not later than

sunset

c From July 4th through Labor Day the Concessionaire shall open the concession daily not later than

1100 am except during inclement weather and the concession shall remain open at least until

three hours before but not later than sunset

d Deviations from the above stated schedules are allowable but must receive advanced approval in

writing from the Park and Recreation Supervisor

e When closing due to inclement weather the Concessionaire shall immediately notify the Park and

Recreation Supervisor The Concessionaire shall keep in the concession vehicle at all times a log

of all closures due to inclement weather and it shall be immediately available to the Park and

Recreation Supervisor upon request for inspection

f Within 30 days of closing the concession for the season but in no case later than December 31 of

each calendar year that this contract is in effect the Concessionaire shall submit an Annual

Inclement Weather Closure Report to the Park and Recreation Supervisor

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

the appropriate local health department prior to April 15th of each year this contract is in effect The

Concessionaire is responsible for and shall directly pay for any fees charged for such inspections

8 Health Department Permit The Concessionaire will annually obtain a ldquopermit to sellrdquo from the local

health department and submit a copy of said permit to the DEEP Division of State Parks amp Public

Outreach not later than April 30th of each year this contract is in effect Other Permits The

Concessionaire shall be solely responsible for securing any other licenses permits approvals or

waivers required by any other federal state regional or municipal authority having jurisdiction in the

town(s) in which the Concession is located

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

to state property without the prior written approval of DEEP Any improvements or permanent fixtures

approved by the DEEP and provided by the Concessionaire during the term of this contract shall

immediately become the property of the State of Connecticut

A-3

10 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

11 Refuse Disposal The Concessionaire at its sole expense shall be responsible for the proper disposal

and removal of all recyclables and trash generated by operation of the concession For additional

information see the DEEP website for Managing Waste and Recycling at Special Events and Other

Venues the direct URL address for which is

httpwwwctgovdepcwpviewaspa=2714ampq=434054ampdepNav_GID=1645

12 General Maintenance The Concessionaire shall be responsible for maintaining the Concession area

in a clean sanitary and orderly manner

13 Exclusivity With the exception of vending machines and commodities having prior written approval

for DEEP sanctioned events including but not limited to events authorized by a Special Use License

the Concessionaire shall have the exclusive right to sell commodities within the property named

herein

14 Vending Machines The State of Connecticut Board of Education and Services for the Blind (BESB)

shall have exclusive rights to vending machines on the premises of the concessions and other

authorized areas within the park or forest for the purpose of vending foods and beverages and to collect

receipts there from provided that the number and locations of such vending machines shall receive

prior written approval from a representative of the DEEP

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

contract shall prevent visitors from bringing food to the park and preparing such food for personal

consumption including dispensing such food at no charge to other park visitors Park visitors may

also utilize private catering services with advanced written approval of the Park and Recreation

Supervisor Said catering services may only be permitted with the condition that no financial

transactions occur on DEEP property

16 Concession Staffing The concession shall be staffed only by the Concessionaire or its employee(s)

or other agents identified herein unless otherwise authorized by the Commissioner in writing

17 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

18 Appearance The Concessionaire and its 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

19 Audible Devices The Concessionaire shall activate audible devices (loudspeakers music bells etc)

only in accordance with instructions provided by the Park and Recreation Supervisor Instructions are

subject to change immediately at the discretion of the Park and Recreation Supervisor

20 Concession Location Unless authorized by the Park and Recreation Supervisor to do otherwise the

Concessionaire agrees to

a identify all park-and-sit locations or drive-through routes on a park map

b confine all concession operations to the designated Concession areas

c confine all sales and advertising to the concession vehicle

d provide garbage and recycling receptacles for customer use

21 Food Inspection An authorized representative of the Commissioner may conduct an unannounced

in-season food inspection once per calendar year Upon request the Concessionaire shall provide a

A-4

range of food and beverage items proportionate to one meal to the Commissionerrsquos

representative for food-tasting purposes

22 Financial Reporting Within 30 days of closing the Concession for the season but in no case

later than December 31 of each calendar year that this contract is in effect the Concessionaire

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

Commissioner of the Superior Court to Department of Energy and Environmental Protection

Bureau of Outdoor Recreation Division of State Parks and Public Outreach 79 Elm Street

Hartford CT 06106-5127

23 Revenue DEEP shall have no responsibility for revenue loss directly or indirectly attributable

to DEEP management actions including but not limited to changes in park or campground

schedules or operations or in services provided to the visiting public DEEP shall have no

responsibility for revenue loss directly or indirectly attributable to uncontrollable phenomena

including but not limited to attendance loss weather conditions or other Acts of God

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

Energy and Environmental Protection regarding State Park and Forest Recreation Areas and

with any other department policy concerning the operation of concessions

The parties have hereunto set their hands

SIGNED AND DELIVERED below

STATE OF CONNECTICUT

Department of Energy and Environmental

Protection

CONCESSIONAIRE

BY BY

Date Date

Contract ______________

Acct Fund SID DeptId Prog Project Bud

Ref Amount

Funds available Date

Attorney General (Approved as to Form) Date

Page 19: REQUEST FOR PROPOSALS (RFP) Management, Operation and

Page 19 of 23

(k) Claim Claim shall mean all actions suits claims demands investigations and proceedings of any kind

open pending or threatened whether mature unmatured contingent known or unknown at law or in equity

in any forum

2 Forum and Choice of Law The parties deem the Contract 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 laws 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

3 Termination

(a) Notwithstanding any provisions in this Contract the Agency 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 The Agency shall notify the Contractor in writing of Termination pursuant

to this section which notice shall specify the effective date of Termination and the extent to which the

Contractor must complete its Performance under the Contract prior to such date

(b) Notwithstanding any provisions in this Contract the Agency through a duly authorized employee may

after making a written determination that the Contractor has breached the Contract Terminate the

Contract in accordance with the provisions in the Breach section of this Contract

(c) The Agency shall send the notice of Termination via certified mail return receipt requested to the

Contractor at the most current address which the Contractor has furnished to the Agency for purposes of

correspondence or by hand delivery Upon receiving the notice from the Agency the Contractor shall

immediately discontinue all services affected in accordance with the notice undertake all commercially

reasonable efforts to mitigate any losses or damages and deliver to the Agency all Records The Records

are deemed to be the property of the Agency and the Contractor shall deliver them to the Agency no later

than thirty (30) days after the Termination of the Contract or fifteen (15) days after the Contractor

receives a written request from the Agency for the Records The Contractor shall deliver those Records

that exist in electronic magnetic or other intangible form in a non-proprietary format such as but not

limited to ASCII or TXT

(d) Upon receipt of a written notice of Termination from the Agency the Contractor shall cease operations

as the Agency directs in the notice and take all actions that are necessary or appropriate or that the

Agency may reasonably direct for the protection and preservation of the Goods and any other property

Except for any work which the Agency directs the Contractor to Perform in the notice prior to the

effective date of Termination and except as otherwise provided in the notice the Contractor shall

terminate or conclude all existing subcontracts and purchase orders and shall not enter into any further

subcontracts purchase orders or commitments

(e) The Agency shall within forty-five (45) days of the effective date of Termination reimburse the

Contractor for its Performance rendered and accepted by the Agency in addition to all actual and

reasonable costs incurred after Termination in completing those portions of the Performance which the

notice required the Contractor to complete However the Contractor is not entitled to receive and the

Agency is not obligated to tender to the Contractor any payments for anticipated or lost profits Upon

request by the Agency the Contractor shall assign to the Agency or any replacement contractor which

the Agency designates all subcontracts purchase orders and other commitments deliver to the Agency

all Records and other information pertaining to its Performance and remove from State premises

whether leased or owned all of Contractorrsquos property equipment waste material and rubbish related to

its Performance all as the Agency may request

(f) For breach or violation of any of the provisions in the section concerning Representations and

Warranties the Agency may Terminate the Contract in accordance with its terms and revoke any

consents to assignments given as if the assignments had never been requested or consented to without

liability to the Contractor or Contractor Parties or any third party

(g) Upon Termination of the Contract all rights and obligations shall be null and void so that no party shall

Page 20 of 23

have any further rights or obligations to any other party except with respect to the sections which survive

Termination All representations warranties agreements and rights of the parties under the Contract

shall survive such Termination to the extent not otherwise limited in the Contract and without each one

of them having to be specifically mentioned in the Contract

(h) Termination of the Contract pursuant to this section shall not be deemed to be a breach of contract by

the Agency

4 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

(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 Contractorrsquos bid proposal 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

(b) The Contractor shall not be responsible for indemnifying or holding the State harmless from any liability

arising due to the negligence of the State or any other person or entity acting under the direct control or

supervision of the State

(c) 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

(d) 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

(e) 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 cause the State to be named as an additional insured

on the policy and shall provide (1) a certificate of insurance (2) the declaration page and (3) the

additional insured endorsement to the policy to the State and the Client Agency all in an electronic format

acceptable to the State prior to the Effective Date of the Contract evidencing that the State is an additional

insured The Contractor shall not begin Performance until the delivery of these three documents to the

Client Agency Contractor shall provide an annual electronic update of the three documents to the Client

Agency and the State on or before each anniversary of the Effective Date during the Contract term State

shall be entitled to recover under the insurance policy even if a body of competent jurisdiction determines

that State is contributorily negligent

(f) This section shall survive the Termination of the Contract and shall not be limited by reason of any

insurance coverage

5 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 and employees

which they 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

6 Protection of Confidential Information Contractor and Contractor Parties at their own expense have a duty to

and shall protect from a Confidential Information Breach any and all Confidential Information which they come

to possess or control wherever and however stored or maintained in a commercially reasonable manner in

accordance with current industry standards

(b) Each Contractor or Contractor Party shall develop implement and maintain a comprehensive data -

security program for the protection of Confidential Information The safeguards contained in such

Page 21 of 23

program shall be consistent with and comply with the safeguards for protection of Confidential

Information and information of a similar character as set forth in all applicable federal and state law

and written policy of the Agency or State concerning the confidentiality of Confidential Information

Such data-security program shall include but not be limited to the following

(1) A security policy for employees related to the storage access and transportation of data containing

Confidential Information

(2) Reasonable restrictions on access to records containing Confidential Information including access

to any locked storage where such records are kept

(3) A process for reviewing policies and security measures at least annually

(4) Creating secure access controls to Confidential Information including but not limited to passwords

and

(5) Encrypting of Confidential Information that is stored on laptops portable devices or being

transmitted electronically

(c) The Contractor and Contractor Parties shall notify the Agency and the Connecticut Office of the Attorney

General as soon as practical but no later than twenty-four (24) hours after they become aware of or

suspect that any Confidential Information which Contractor or Contractor Parties have come to possess

or control has been subject to a Confidential Information Breach If a Confidential Information Breach

has occurred the Contractor shall within three (3) business days after the notification present a credit

monitoring and protection plan to the Commissioner of Administrative Services the Agency and the

Connecticut Office of the Attorney General for review and approval Such credit monitoring or

protection plan shall be made available by the Contractor at its own cost and expense to all individuals

affected by the Confidential Information Breach Such credit monitoring or protection plan shall include

but is not limited to reimbursement for the cost of placing and lifting one (1) security freeze per credit

file pursuant to Connecticut General Statutes sect 36a-701a Such credit monitoring or protection plans

shall be approved by the State in accordance with this Section and shall cover a length of time

commensurate with the circumstances of the Confidential Information Breach The Contractorsrsquo costs

and expenses for the credit monitoring and protection plan shall not be recoverable from the Agency

any State of Connecticut entity or any affected individuals

(d) The Contractor shall incorporate the requirements of this Section in all subcontracts requiring each

Contractor Party to safeguard Confidential Information in the same manner as provided for in this

Section

(e) Nothing in this Section shall supersede in any manner Contractorrsquos or Contractor Partyrsquos obligations

pursuant to HIPAA or the provisions of this Contract concerning the obligations of the Contractor as a

Business Associate of Covered Entity

7 Executive Orders This 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 The Contract may also be subject to Executive Order No 14 of Governor

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

Executive Order No 49 of Governor Dannel P Malloy promulgated May 22 2015 mandating disclosure of

certain gifts to public employees and contributions to certain candidates for office If Executive Order 14 andor

Executive Order 49 are applicable they are deemed to be 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 or DAS shall provide a

copy of these orders to the Contractor

8 State Liability The State of Connecticut shall assume no liability for payment for services under the terms of

this agreement until the contractor is notified that this agreement has been accepted by the contracting agency

and if applicable approved by the Office of Policy and Management (OPM) or the Department of

Administrative Services (DAS) and by the Attorney General of the State of Connecticut

9 Distribution of Materials The Contractor shall obtain written approval from the Commissioner prior to the

distribution or publication of any materials prepared under the terms of this Contract Such approval shall not

be unreasonably withheld

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

approved in writing by the Commissioner at the Commissionerrsquos sole discretion In the event of any

Page 22 of 23

unapproved change in principal project staff the Commissioner may in the Commissionerrsquos sole discretion

terminate this Contract

11 Further Assurances The Parties shall provide such information execute and deliver any instruments and

documents and take such other actions as may be necessary or reasonably requested by the other Party which

are not inconsistent with the provisions of this Contract and which do not involve the vesting of rights or

assumption of obligations other than those provided for in the Contract in order to give full effect to the

Contract and to carry out the intent of the Contract

12 Third Party Participation The Contractor may make sub-awards using either its own competitive selection

process or the values established in the statersquos competitive selection process as outlined in DAS General Letter

71 whichever is more restrictive to conduct any of the tasks in the Scope of Work contained in Appendix A

The Contractor shall advise the Commissioner of the proposed sub-awardee and the amount allocated at least

two (2) weeks prior to the making of such awards The Commissioner reserves the right to disapprove such

awards if they appear to be inconsistent with the program activities to be conducted under this grant As

required by Sec 46a-68j-23 of the Connecticut Regulations of State Agencies the Contractor must make a good

faith effort based upon the availability of minority business enterprises in the labor market area to award a

reasonable proportion of all subcontracts to such enterprises When minority business enterprises are selected

the Contractor shall provide DEEP with a copy of the Affidavit for Certification of Subcontractors as Minority

Business Enterprises (MBE) along with a copy of the purchase order or contract engaging the Subcontractor

The Contractor shall be the sole point of contact concerning the management of the Contract including

performance and payment issues The Contractor is solely and completely responsible for adherence by any

subcontractor to all the applicable provisions of the Contract

13 Americans with Disabilities Act The Contractor shall be and remain in compliance with the Americans with

Disabilities Act of 1990 (ldquoActrdquo) to the extent applicable during the term of the Contract The DEEP may

cancel the Contract if the Contractor fails to comply with the Act

14 Affirmative Action and Sexual Harassment Policies The Contractor agrees to comply with the Departments

Affirmative Action and Sexual Harassment Policies available on DEEPrsquos web site Hard copies of the policy

statements are available upon request at DEEP

15 Breach If either Party breaches the Contract in any respect the non-breaching Party shall provide written

notice of the breach to the breaching Party and afford the breaching Party an opportunity to cure within ten (10)

days from the date that the breaching Party receives the notice In the case of a Contractor breach any other

time period which the Agency sets forth in the notice shall trump the ten (10) days The right to cure period

shall be extended if the non-breaching Party is satisfied that the breaching Party is making a good faith effort

to cure but the nature of the breach is such that it cannot be cured within the right to cure period The notice

may include an effective Contract Termination date if the breach is not cured by the stated date and unless

otherwise modified by the non-breaching Party in writing prior to the Termination date no further action shall

be required of any Party to effect the Termination as of the stated date If the notice does not set forth an

effective Contract Termination date then the non-breaching Party may Terminate the Contract by giving the

breaching Party no less than twenty four (24) hours prior written notice If the Agency believes that the

Contractor has not performed according to the Contract the Agency may withhold payment in whole or in part

pending resolution of the Performance issue provided that the Agency notifies the Contractor in writing prior

to the date that the payment would have been due

16 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

17 The Town Guarantee The Town shall furnish adequate protection from damage for all work and to repair any

damage of any kind for which he or his workmen are responsible to premises or any equipment to his own

work or to the work of the Agency pay for all permits licenses and fees and to give all notices and comply

with all laws ordinances rules and regulations of the city state and federal government

18 Force Majeure The Parties shall not be excused from their obligation to perform in accordance with the

Contract except in the case of Force Majeure events and as otherwise provided for in the Contract A Force

Majeure event materially affects the cost of the Goods or Services or the time schedule for performance and is

outside the control nor caused by the Parties In the case of any such exception the nonperforming Party shall

give immediate written notice to the other explaining the cause and probable duration of any such

Page 23 of 23

nonperformance

19 Entirety of Contract The Contract is the entire agreement between the Parties with respect to its subject matter

and supersedes all prior agreements proposals offers counteroffers and understandings of the Parties whether

written or oral The Contract has been entered into after full investigation neither Party relying upon any

statement or representation by the other unless such statement or representation is specifically embodied in the

Contract

20 Interpretation The Contract contains numerous references to statutes and regulations For purposes of

interpretation conflict resolution and otherwise the content of those statutes and regulations shall govern over

the content of the reference in the Contract to those statutes and regulations

A-1

Attachment A

Scope of Work

Mobile Food and Beverage Concession Services

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

covering each annual period of this contract shall reflect the following limits and shall be submitted

by the Concessionaire to the Department of Energy and Environmental Protection by April 1 of each

year this contract is in effect

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

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

damages arising from the destruction of or damage to property in any one accident or occurrence

In cases where any insurance policy shows an aggregate limit the aggregate shall apply solely to

the concession operation or the aggregate limit shall be not less than $2000000

b 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 from bodily injuries to or death of all persons in any one

accident or occurrence and for all damages arising from the destruction of or damage to property

in any one accident or occurrence In cases where any insurance policy shows an aggregate limit

the aggregate shall apply solely to the concession operation or the aggregate limit shall be not less

than $2000000

c The Concessionaire shall carry Workerrsquos Compensation insurance in accordance with the

requirements of the laws of the State of Connecticut

d Said coveragersquos are to be provided by insurance companies licensed by the State of Connecticut

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

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

2 Commodities and Price List

a The Concessionaire shall be allowed to sell food and beverages as approved in advance by the

Commissioner

b The Concessionaire shall be allowed to sell souvenirs and other outdoor recreation related

merchandise hereinafter referred to collectively as merchandise as approved in advance by the

Commissioner

c By April 1 of each year that this contract is in effect the Concessionaire shall submit for approval

a price list of all foods beverages and merchandise for sale hereinafter referred to collectively as

commodities to the Department of Energy and Environmental Protection Bureau of Outdoor

Recreation Division of State Parks and Public Outreach 79 Elm Street Hartford CT 06106-5127

d Any price increases or additions of commodities are subject to the prior written approval of the

Commissioner

e The Concessionaire shall post a price list of all commodities for sale in full public view while in

operation

f Whenever the park name is used on merchandise the complete park name shall be used

g The Concessionaire warrants that all commodities offered for sale shall not exceed in price nor be

substandard in quality or quantity to like commodities sold in the surrounding community

A-2

3 Sunscreen All concession operations in a park having a designated swimming area shall have

sunscreen with a Sun Protection Factor (SPF) of at least 15 for adults and 45 for children available for

sale to the general public

4 Use of Biodegradable Products To the extent practicable the Concessionaire agrees to use

recyclable and biodegradable products and packaging in all of its operations ie paper products or

products containing recycled contents The Concessionaire agrees to not dispense food or beverages

in close-celled foam-based containers

5 Prohibitions The Concessionaire shall not

a dispense food or beverages in glass containers

b dispense alcoholic beverages

c sell snorkels beach balls rafts or other inflatable or buoyant devices except US Coast Guard

approved personal flotation devices (PFDs)

d permit gratuities to employees of the State of Connecticut

e provide video or pinball games

6 Hours of Operation

a The Concessionaire may operate the Concession daily between 800 am and sunset on any day

that this contract is in effect

b From the Saturday before Memorial Day through July 4th the Concessionaire shall open the

concession on Saturdays Sundays and holidays not later than 1100 am except during inclement

weather and the concession shall remain open at least until three hours before but not later than

sunset

c From July 4th through Labor Day the Concessionaire shall open the concession daily not later than

1100 am except during inclement weather and the concession shall remain open at least until

three hours before but not later than sunset

d Deviations from the above stated schedules are allowable but must receive advanced approval in

writing from the Park and Recreation Supervisor

e When closing due to inclement weather the Concessionaire shall immediately notify the Park and

Recreation Supervisor The Concessionaire shall keep in the concession vehicle at all times a log

of all closures due to inclement weather and it shall be immediately available to the Park and

Recreation Supervisor upon request for inspection

f Within 30 days of closing the concession for the season but in no case later than December 31 of

each calendar year that this contract is in effect the Concessionaire shall submit an Annual

Inclement Weather Closure Report to the Park and Recreation Supervisor

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

the appropriate local health department prior to April 15th of each year this contract is in effect The

Concessionaire is responsible for and shall directly pay for any fees charged for such inspections

8 Health Department Permit The Concessionaire will annually obtain a ldquopermit to sellrdquo from the local

health department and submit a copy of said permit to the DEEP Division of State Parks amp Public

Outreach not later than April 30th of each year this contract is in effect Other Permits The

Concessionaire shall be solely responsible for securing any other licenses permits approvals or

waivers required by any other federal state regional or municipal authority having jurisdiction in the

town(s) in which the Concession is located

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

to state property without the prior written approval of DEEP Any improvements or permanent fixtures

approved by the DEEP and provided by the Concessionaire during the term of this contract shall

immediately become the property of the State of Connecticut

A-3

10 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

11 Refuse Disposal The Concessionaire at its sole expense shall be responsible for the proper disposal

and removal of all recyclables and trash generated by operation of the concession For additional

information see the DEEP website for Managing Waste and Recycling at Special Events and Other

Venues the direct URL address for which is

httpwwwctgovdepcwpviewaspa=2714ampq=434054ampdepNav_GID=1645

12 General Maintenance The Concessionaire shall be responsible for maintaining the Concession area

in a clean sanitary and orderly manner

13 Exclusivity With the exception of vending machines and commodities having prior written approval

for DEEP sanctioned events including but not limited to events authorized by a Special Use License

the Concessionaire shall have the exclusive right to sell commodities within the property named

herein

14 Vending Machines The State of Connecticut Board of Education and Services for the Blind (BESB)

shall have exclusive rights to vending machines on the premises of the concessions and other

authorized areas within the park or forest for the purpose of vending foods and beverages and to collect

receipts there from provided that the number and locations of such vending machines shall receive

prior written approval from a representative of the DEEP

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

contract shall prevent visitors from bringing food to the park and preparing such food for personal

consumption including dispensing such food at no charge to other park visitors Park visitors may

also utilize private catering services with advanced written approval of the Park and Recreation

Supervisor Said catering services may only be permitted with the condition that no financial

transactions occur on DEEP property

16 Concession Staffing The concession shall be staffed only by the Concessionaire or its employee(s)

or other agents identified herein unless otherwise authorized by the Commissioner in writing

17 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

18 Appearance The Concessionaire and its 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

19 Audible Devices The Concessionaire shall activate audible devices (loudspeakers music bells etc)

only in accordance with instructions provided by the Park and Recreation Supervisor Instructions are

subject to change immediately at the discretion of the Park and Recreation Supervisor

20 Concession Location Unless authorized by the Park and Recreation Supervisor to do otherwise the

Concessionaire agrees to

a identify all park-and-sit locations or drive-through routes on a park map

b confine all concession operations to the designated Concession areas

c confine all sales and advertising to the concession vehicle

d provide garbage and recycling receptacles for customer use

21 Food Inspection An authorized representative of the Commissioner may conduct an unannounced

in-season food inspection once per calendar year Upon request the Concessionaire shall provide a

A-4

range of food and beverage items proportionate to one meal to the Commissionerrsquos

representative for food-tasting purposes

22 Financial Reporting Within 30 days of closing the Concession for the season but in no case

later than December 31 of each calendar year that this contract is in effect the Concessionaire

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

Commissioner of the Superior Court to Department of Energy and Environmental Protection

Bureau of Outdoor Recreation Division of State Parks and Public Outreach 79 Elm Street

Hartford CT 06106-5127

23 Revenue DEEP shall have no responsibility for revenue loss directly or indirectly attributable

to DEEP management actions including but not limited to changes in park or campground

schedules or operations or in services provided to the visiting public DEEP shall have no

responsibility for revenue loss directly or indirectly attributable to uncontrollable phenomena

including but not limited to attendance loss weather conditions or other Acts of God

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

Energy and Environmental Protection regarding State Park and Forest Recreation Areas and

with any other department policy concerning the operation of concessions

The parties have hereunto set their hands

SIGNED AND DELIVERED below

STATE OF CONNECTICUT

Department of Energy and Environmental

Protection

CONCESSIONAIRE

BY BY

Date Date

Contract ______________

Acct Fund SID DeptId Prog Project Bud

Ref Amount

Funds available Date

Attorney General (Approved as to Form) Date

Page 20: REQUEST FOR PROPOSALS (RFP) Management, Operation and

Page 20 of 23

have any further rights or obligations to any other party except with respect to the sections which survive

Termination All representations warranties agreements and rights of the parties under the Contract

shall survive such Termination to the extent not otherwise limited in the Contract and without each one

of them having to be specifically mentioned in the Contract

(h) Termination of the Contract pursuant to this section shall not be deemed to be a breach of contract by

the Agency

4 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

(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 Contractorrsquos bid proposal 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

(b) The Contractor shall not be responsible for indemnifying or holding the State harmless from any liability

arising due to the negligence of the State or any other person or entity acting under the direct control or

supervision of the State

(c) 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

(d) 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

(e) 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 cause the State to be named as an additional insured

on the policy and shall provide (1) a certificate of insurance (2) the declaration page and (3) the

additional insured endorsement to the policy to the State and the Client Agency all in an electronic format

acceptable to the State prior to the Effective Date of the Contract evidencing that the State is an additional

insured The Contractor shall not begin Performance until the delivery of these three documents to the

Client Agency Contractor shall provide an annual electronic update of the three documents to the Client

Agency and the State on or before each anniversary of the Effective Date during the Contract term State

shall be entitled to recover under the insurance policy even if a body of competent jurisdiction determines

that State is contributorily negligent

(f) This section shall survive the Termination of the Contract and shall not be limited by reason of any

insurance coverage

5 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 and employees

which they 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

6 Protection of Confidential Information Contractor and Contractor Parties at their own expense have a duty to

and shall protect from a Confidential Information Breach any and all Confidential Information which they come

to possess or control wherever and however stored or maintained in a commercially reasonable manner in

accordance with current industry standards

(b) Each Contractor or Contractor Party shall develop implement and maintain a comprehensive data -

security program for the protection of Confidential Information The safeguards contained in such

Page 21 of 23

program shall be consistent with and comply with the safeguards for protection of Confidential

Information and information of a similar character as set forth in all applicable federal and state law

and written policy of the Agency or State concerning the confidentiality of Confidential Information

Such data-security program shall include but not be limited to the following

(1) A security policy for employees related to the storage access and transportation of data containing

Confidential Information

(2) Reasonable restrictions on access to records containing Confidential Information including access

to any locked storage where such records are kept

(3) A process for reviewing policies and security measures at least annually

(4) Creating secure access controls to Confidential Information including but not limited to passwords

and

(5) Encrypting of Confidential Information that is stored on laptops portable devices or being

transmitted electronically

(c) The Contractor and Contractor Parties shall notify the Agency and the Connecticut Office of the Attorney

General as soon as practical but no later than twenty-four (24) hours after they become aware of or

suspect that any Confidential Information which Contractor or Contractor Parties have come to possess

or control has been subject to a Confidential Information Breach If a Confidential Information Breach

has occurred the Contractor shall within three (3) business days after the notification present a credit

monitoring and protection plan to the Commissioner of Administrative Services the Agency and the

Connecticut Office of the Attorney General for review and approval Such credit monitoring or

protection plan shall be made available by the Contractor at its own cost and expense to all individuals

affected by the Confidential Information Breach Such credit monitoring or protection plan shall include

but is not limited to reimbursement for the cost of placing and lifting one (1) security freeze per credit

file pursuant to Connecticut General Statutes sect 36a-701a Such credit monitoring or protection plans

shall be approved by the State in accordance with this Section and shall cover a length of time

commensurate with the circumstances of the Confidential Information Breach The Contractorsrsquo costs

and expenses for the credit monitoring and protection plan shall not be recoverable from the Agency

any State of Connecticut entity or any affected individuals

(d) The Contractor shall incorporate the requirements of this Section in all subcontracts requiring each

Contractor Party to safeguard Confidential Information in the same manner as provided for in this

Section

(e) Nothing in this Section shall supersede in any manner Contractorrsquos or Contractor Partyrsquos obligations

pursuant to HIPAA or the provisions of this Contract concerning the obligations of the Contractor as a

Business Associate of Covered Entity

7 Executive Orders This 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 The Contract may also be subject to Executive Order No 14 of Governor

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

Executive Order No 49 of Governor Dannel P Malloy promulgated May 22 2015 mandating disclosure of

certain gifts to public employees and contributions to certain candidates for office If Executive Order 14 andor

Executive Order 49 are applicable they are deemed to be 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 or DAS shall provide a

copy of these orders to the Contractor

8 State Liability The State of Connecticut shall assume no liability for payment for services under the terms of

this agreement until the contractor is notified that this agreement has been accepted by the contracting agency

and if applicable approved by the Office of Policy and Management (OPM) or the Department of

Administrative Services (DAS) and by the Attorney General of the State of Connecticut

9 Distribution of Materials The Contractor shall obtain written approval from the Commissioner prior to the

distribution or publication of any materials prepared under the terms of this Contract Such approval shall not

be unreasonably withheld

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

approved in writing by the Commissioner at the Commissionerrsquos sole discretion In the event of any

Page 22 of 23

unapproved change in principal project staff the Commissioner may in the Commissionerrsquos sole discretion

terminate this Contract

11 Further Assurances The Parties shall provide such information execute and deliver any instruments and

documents and take such other actions as may be necessary or reasonably requested by the other Party which

are not inconsistent with the provisions of this Contract and which do not involve the vesting of rights or

assumption of obligations other than those provided for in the Contract in order to give full effect to the

Contract and to carry out the intent of the Contract

12 Third Party Participation The Contractor may make sub-awards using either its own competitive selection

process or the values established in the statersquos competitive selection process as outlined in DAS General Letter

71 whichever is more restrictive to conduct any of the tasks in the Scope of Work contained in Appendix A

The Contractor shall advise the Commissioner of the proposed sub-awardee and the amount allocated at least

two (2) weeks prior to the making of such awards The Commissioner reserves the right to disapprove such

awards if they appear to be inconsistent with the program activities to be conducted under this grant As

required by Sec 46a-68j-23 of the Connecticut Regulations of State Agencies the Contractor must make a good

faith effort based upon the availability of minority business enterprises in the labor market area to award a

reasonable proportion of all subcontracts to such enterprises When minority business enterprises are selected

the Contractor shall provide DEEP with a copy of the Affidavit for Certification of Subcontractors as Minority

Business Enterprises (MBE) along with a copy of the purchase order or contract engaging the Subcontractor

The Contractor shall be the sole point of contact concerning the management of the Contract including

performance and payment issues The Contractor is solely and completely responsible for adherence by any

subcontractor to all the applicable provisions of the Contract

13 Americans with Disabilities Act The Contractor shall be and remain in compliance with the Americans with

Disabilities Act of 1990 (ldquoActrdquo) to the extent applicable during the term of the Contract The DEEP may

cancel the Contract if the Contractor fails to comply with the Act

14 Affirmative Action and Sexual Harassment Policies The Contractor agrees to comply with the Departments

Affirmative Action and Sexual Harassment Policies available on DEEPrsquos web site Hard copies of the policy

statements are available upon request at DEEP

15 Breach If either Party breaches the Contract in any respect the non-breaching Party shall provide written

notice of the breach to the breaching Party and afford the breaching Party an opportunity to cure within ten (10)

days from the date that the breaching Party receives the notice In the case of a Contractor breach any other

time period which the Agency sets forth in the notice shall trump the ten (10) days The right to cure period

shall be extended if the non-breaching Party is satisfied that the breaching Party is making a good faith effort

to cure but the nature of the breach is such that it cannot be cured within the right to cure period The notice

may include an effective Contract Termination date if the breach is not cured by the stated date and unless

otherwise modified by the non-breaching Party in writing prior to the Termination date no further action shall

be required of any Party to effect the Termination as of the stated date If the notice does not set forth an

effective Contract Termination date then the non-breaching Party may Terminate the Contract by giving the

breaching Party no less than twenty four (24) hours prior written notice If the Agency believes that the

Contractor has not performed according to the Contract the Agency may withhold payment in whole or in part

pending resolution of the Performance issue provided that the Agency notifies the Contractor in writing prior

to the date that the payment would have been due

16 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

17 The Town Guarantee The Town shall furnish adequate protection from damage for all work and to repair any

damage of any kind for which he or his workmen are responsible to premises or any equipment to his own

work or to the work of the Agency pay for all permits licenses and fees and to give all notices and comply

with all laws ordinances rules and regulations of the city state and federal government

18 Force Majeure The Parties shall not be excused from their obligation to perform in accordance with the

Contract except in the case of Force Majeure events and as otherwise provided for in the Contract A Force

Majeure event materially affects the cost of the Goods or Services or the time schedule for performance and is

outside the control nor caused by the Parties In the case of any such exception the nonperforming Party shall

give immediate written notice to the other explaining the cause and probable duration of any such

Page 23 of 23

nonperformance

19 Entirety of Contract The Contract is the entire agreement between the Parties with respect to its subject matter

and supersedes all prior agreements proposals offers counteroffers and understandings of the Parties whether

written or oral The Contract has been entered into after full investigation neither Party relying upon any

statement or representation by the other unless such statement or representation is specifically embodied in the

Contract

20 Interpretation The Contract contains numerous references to statutes and regulations For purposes of

interpretation conflict resolution and otherwise the content of those statutes and regulations shall govern over

the content of the reference in the Contract to those statutes and regulations

A-1

Attachment A

Scope of Work

Mobile Food and Beverage Concession Services

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

covering each annual period of this contract shall reflect the following limits and shall be submitted

by the Concessionaire to the Department of Energy and Environmental Protection by April 1 of each

year this contract is in effect

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

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

damages arising from the destruction of or damage to property in any one accident or occurrence

In cases where any insurance policy shows an aggregate limit the aggregate shall apply solely to

the concession operation or the aggregate limit shall be not less than $2000000

b 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 from bodily injuries to or death of all persons in any one

accident or occurrence and for all damages arising from the destruction of or damage to property

in any one accident or occurrence In cases where any insurance policy shows an aggregate limit

the aggregate shall apply solely to the concession operation or the aggregate limit shall be not less

than $2000000

c The Concessionaire shall carry Workerrsquos Compensation insurance in accordance with the

requirements of the laws of the State of Connecticut

d Said coveragersquos are to be provided by insurance companies licensed by the State of Connecticut

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

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

2 Commodities and Price List

a The Concessionaire shall be allowed to sell food and beverages as approved in advance by the

Commissioner

b The Concessionaire shall be allowed to sell souvenirs and other outdoor recreation related

merchandise hereinafter referred to collectively as merchandise as approved in advance by the

Commissioner

c By April 1 of each year that this contract is in effect the Concessionaire shall submit for approval

a price list of all foods beverages and merchandise for sale hereinafter referred to collectively as

commodities to the Department of Energy and Environmental Protection Bureau of Outdoor

Recreation Division of State Parks and Public Outreach 79 Elm Street Hartford CT 06106-5127

d Any price increases or additions of commodities are subject to the prior written approval of the

Commissioner

e The Concessionaire shall post a price list of all commodities for sale in full public view while in

operation

f Whenever the park name is used on merchandise the complete park name shall be used

g The Concessionaire warrants that all commodities offered for sale shall not exceed in price nor be

substandard in quality or quantity to like commodities sold in the surrounding community

A-2

3 Sunscreen All concession operations in a park having a designated swimming area shall have

sunscreen with a Sun Protection Factor (SPF) of at least 15 for adults and 45 for children available for

sale to the general public

4 Use of Biodegradable Products To the extent practicable the Concessionaire agrees to use

recyclable and biodegradable products and packaging in all of its operations ie paper products or

products containing recycled contents The Concessionaire agrees to not dispense food or beverages

in close-celled foam-based containers

5 Prohibitions The Concessionaire shall not

a dispense food or beverages in glass containers

b dispense alcoholic beverages

c sell snorkels beach balls rafts or other inflatable or buoyant devices except US Coast Guard

approved personal flotation devices (PFDs)

d permit gratuities to employees of the State of Connecticut

e provide video or pinball games

6 Hours of Operation

a The Concessionaire may operate the Concession daily between 800 am and sunset on any day

that this contract is in effect

b From the Saturday before Memorial Day through July 4th the Concessionaire shall open the

concession on Saturdays Sundays and holidays not later than 1100 am except during inclement

weather and the concession shall remain open at least until three hours before but not later than

sunset

c From July 4th through Labor Day the Concessionaire shall open the concession daily not later than

1100 am except during inclement weather and the concession shall remain open at least until

three hours before but not later than sunset

d Deviations from the above stated schedules are allowable but must receive advanced approval in

writing from the Park and Recreation Supervisor

e When closing due to inclement weather the Concessionaire shall immediately notify the Park and

Recreation Supervisor The Concessionaire shall keep in the concession vehicle at all times a log

of all closures due to inclement weather and it shall be immediately available to the Park and

Recreation Supervisor upon request for inspection

f Within 30 days of closing the concession for the season but in no case later than December 31 of

each calendar year that this contract is in effect the Concessionaire shall submit an Annual

Inclement Weather Closure Report to the Park and Recreation Supervisor

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

the appropriate local health department prior to April 15th of each year this contract is in effect The

Concessionaire is responsible for and shall directly pay for any fees charged for such inspections

8 Health Department Permit The Concessionaire will annually obtain a ldquopermit to sellrdquo from the local

health department and submit a copy of said permit to the DEEP Division of State Parks amp Public

Outreach not later than April 30th of each year this contract is in effect Other Permits The

Concessionaire shall be solely responsible for securing any other licenses permits approvals or

waivers required by any other federal state regional or municipal authority having jurisdiction in the

town(s) in which the Concession is located

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

to state property without the prior written approval of DEEP Any improvements or permanent fixtures

approved by the DEEP and provided by the Concessionaire during the term of this contract shall

immediately become the property of the State of Connecticut

A-3

10 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

11 Refuse Disposal The Concessionaire at its sole expense shall be responsible for the proper disposal

and removal of all recyclables and trash generated by operation of the concession For additional

information see the DEEP website for Managing Waste and Recycling at Special Events and Other

Venues the direct URL address for which is

httpwwwctgovdepcwpviewaspa=2714ampq=434054ampdepNav_GID=1645

12 General Maintenance The Concessionaire shall be responsible for maintaining the Concession area

in a clean sanitary and orderly manner

13 Exclusivity With the exception of vending machines and commodities having prior written approval

for DEEP sanctioned events including but not limited to events authorized by a Special Use License

the Concessionaire shall have the exclusive right to sell commodities within the property named

herein

14 Vending Machines The State of Connecticut Board of Education and Services for the Blind (BESB)

shall have exclusive rights to vending machines on the premises of the concessions and other

authorized areas within the park or forest for the purpose of vending foods and beverages and to collect

receipts there from provided that the number and locations of such vending machines shall receive

prior written approval from a representative of the DEEP

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

contract shall prevent visitors from bringing food to the park and preparing such food for personal

consumption including dispensing such food at no charge to other park visitors Park visitors may

also utilize private catering services with advanced written approval of the Park and Recreation

Supervisor Said catering services may only be permitted with the condition that no financial

transactions occur on DEEP property

16 Concession Staffing The concession shall be staffed only by the Concessionaire or its employee(s)

or other agents identified herein unless otherwise authorized by the Commissioner in writing

17 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

18 Appearance The Concessionaire and its 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

19 Audible Devices The Concessionaire shall activate audible devices (loudspeakers music bells etc)

only in accordance with instructions provided by the Park and Recreation Supervisor Instructions are

subject to change immediately at the discretion of the Park and Recreation Supervisor

20 Concession Location Unless authorized by the Park and Recreation Supervisor to do otherwise the

Concessionaire agrees to

a identify all park-and-sit locations or drive-through routes on a park map

b confine all concession operations to the designated Concession areas

c confine all sales and advertising to the concession vehicle

d provide garbage and recycling receptacles for customer use

21 Food Inspection An authorized representative of the Commissioner may conduct an unannounced

in-season food inspection once per calendar year Upon request the Concessionaire shall provide a

A-4

range of food and beverage items proportionate to one meal to the Commissionerrsquos

representative for food-tasting purposes

22 Financial Reporting Within 30 days of closing the Concession for the season but in no case

later than December 31 of each calendar year that this contract is in effect the Concessionaire

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

Commissioner of the Superior Court to Department of Energy and Environmental Protection

Bureau of Outdoor Recreation Division of State Parks and Public Outreach 79 Elm Street

Hartford CT 06106-5127

23 Revenue DEEP shall have no responsibility for revenue loss directly or indirectly attributable

to DEEP management actions including but not limited to changes in park or campground

schedules or operations or in services provided to the visiting public DEEP shall have no

responsibility for revenue loss directly or indirectly attributable to uncontrollable phenomena

including but not limited to attendance loss weather conditions or other Acts of God

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

Energy and Environmental Protection regarding State Park and Forest Recreation Areas and

with any other department policy concerning the operation of concessions

The parties have hereunto set their hands

SIGNED AND DELIVERED below

STATE OF CONNECTICUT

Department of Energy and Environmental

Protection

CONCESSIONAIRE

BY BY

Date Date

Contract ______________

Acct Fund SID DeptId Prog Project Bud

Ref Amount

Funds available Date

Attorney General (Approved as to Form) Date

Page 21: REQUEST FOR PROPOSALS (RFP) Management, Operation and

Page 21 of 23

program shall be consistent with and comply with the safeguards for protection of Confidential

Information and information of a similar character as set forth in all applicable federal and state law

and written policy of the Agency or State concerning the confidentiality of Confidential Information

Such data-security program shall include but not be limited to the following

(1) A security policy for employees related to the storage access and transportation of data containing

Confidential Information

(2) Reasonable restrictions on access to records containing Confidential Information including access

to any locked storage where such records are kept

(3) A process for reviewing policies and security measures at least annually

(4) Creating secure access controls to Confidential Information including but not limited to passwords

and

(5) Encrypting of Confidential Information that is stored on laptops portable devices or being

transmitted electronically

(c) The Contractor and Contractor Parties shall notify the Agency and the Connecticut Office of the Attorney

General as soon as practical but no later than twenty-four (24) hours after they become aware of or

suspect that any Confidential Information which Contractor or Contractor Parties have come to possess

or control has been subject to a Confidential Information Breach If a Confidential Information Breach

has occurred the Contractor shall within three (3) business days after the notification present a credit

monitoring and protection plan to the Commissioner of Administrative Services the Agency and the

Connecticut Office of the Attorney General for review and approval Such credit monitoring or

protection plan shall be made available by the Contractor at its own cost and expense to all individuals

affected by the Confidential Information Breach Such credit monitoring or protection plan shall include

but is not limited to reimbursement for the cost of placing and lifting one (1) security freeze per credit

file pursuant to Connecticut General Statutes sect 36a-701a Such credit monitoring or protection plans

shall be approved by the State in accordance with this Section and shall cover a length of time

commensurate with the circumstances of the Confidential Information Breach The Contractorsrsquo costs

and expenses for the credit monitoring and protection plan shall not be recoverable from the Agency

any State of Connecticut entity or any affected individuals

(d) The Contractor shall incorporate the requirements of this Section in all subcontracts requiring each

Contractor Party to safeguard Confidential Information in the same manner as provided for in this

Section

(e) Nothing in this Section shall supersede in any manner Contractorrsquos or Contractor Partyrsquos obligations

pursuant to HIPAA or the provisions of this Contract concerning the obligations of the Contractor as a

Business Associate of Covered Entity

7 Executive Orders This 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 The Contract may also be subject to Executive Order No 14 of Governor

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

Executive Order No 49 of Governor Dannel P Malloy promulgated May 22 2015 mandating disclosure of

certain gifts to public employees and contributions to certain candidates for office If Executive Order 14 andor

Executive Order 49 are applicable they are deemed to be 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 or DAS shall provide a

copy of these orders to the Contractor

8 State Liability The State of Connecticut shall assume no liability for payment for services under the terms of

this agreement until the contractor is notified that this agreement has been accepted by the contracting agency

and if applicable approved by the Office of Policy and Management (OPM) or the Department of

Administrative Services (DAS) and by the Attorney General of the State of Connecticut

9 Distribution of Materials The Contractor shall obtain written approval from the Commissioner prior to the

distribution or publication of any materials prepared under the terms of this Contract Such approval shall not

be unreasonably withheld

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

approved in writing by the Commissioner at the Commissionerrsquos sole discretion In the event of any

Page 22 of 23

unapproved change in principal project staff the Commissioner may in the Commissionerrsquos sole discretion

terminate this Contract

11 Further Assurances The Parties shall provide such information execute and deliver any instruments and

documents and take such other actions as may be necessary or reasonably requested by the other Party which

are not inconsistent with the provisions of this Contract and which do not involve the vesting of rights or

assumption of obligations other than those provided for in the Contract in order to give full effect to the

Contract and to carry out the intent of the Contract

12 Third Party Participation The Contractor may make sub-awards using either its own competitive selection

process or the values established in the statersquos competitive selection process as outlined in DAS General Letter

71 whichever is more restrictive to conduct any of the tasks in the Scope of Work contained in Appendix A

The Contractor shall advise the Commissioner of the proposed sub-awardee and the amount allocated at least

two (2) weeks prior to the making of such awards The Commissioner reserves the right to disapprove such

awards if they appear to be inconsistent with the program activities to be conducted under this grant As

required by Sec 46a-68j-23 of the Connecticut Regulations of State Agencies the Contractor must make a good

faith effort based upon the availability of minority business enterprises in the labor market area to award a

reasonable proportion of all subcontracts to such enterprises When minority business enterprises are selected

the Contractor shall provide DEEP with a copy of the Affidavit for Certification of Subcontractors as Minority

Business Enterprises (MBE) along with a copy of the purchase order or contract engaging the Subcontractor

The Contractor shall be the sole point of contact concerning the management of the Contract including

performance and payment issues The Contractor is solely and completely responsible for adherence by any

subcontractor to all the applicable provisions of the Contract

13 Americans with Disabilities Act The Contractor shall be and remain in compliance with the Americans with

Disabilities Act of 1990 (ldquoActrdquo) to the extent applicable during the term of the Contract The DEEP may

cancel the Contract if the Contractor fails to comply with the Act

14 Affirmative Action and Sexual Harassment Policies The Contractor agrees to comply with the Departments

Affirmative Action and Sexual Harassment Policies available on DEEPrsquos web site Hard copies of the policy

statements are available upon request at DEEP

15 Breach If either Party breaches the Contract in any respect the non-breaching Party shall provide written

notice of the breach to the breaching Party and afford the breaching Party an opportunity to cure within ten (10)

days from the date that the breaching Party receives the notice In the case of a Contractor breach any other

time period which the Agency sets forth in the notice shall trump the ten (10) days The right to cure period

shall be extended if the non-breaching Party is satisfied that the breaching Party is making a good faith effort

to cure but the nature of the breach is such that it cannot be cured within the right to cure period The notice

may include an effective Contract Termination date if the breach is not cured by the stated date and unless

otherwise modified by the non-breaching Party in writing prior to the Termination date no further action shall

be required of any Party to effect the Termination as of the stated date If the notice does not set forth an

effective Contract Termination date then the non-breaching Party may Terminate the Contract by giving the

breaching Party no less than twenty four (24) hours prior written notice If the Agency believes that the

Contractor has not performed according to the Contract the Agency may withhold payment in whole or in part

pending resolution of the Performance issue provided that the Agency notifies the Contractor in writing prior

to the date that the payment would have been due

16 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

17 The Town Guarantee The Town shall furnish adequate protection from damage for all work and to repair any

damage of any kind for which he or his workmen are responsible to premises or any equipment to his own

work or to the work of the Agency pay for all permits licenses and fees and to give all notices and comply

with all laws ordinances rules and regulations of the city state and federal government

18 Force Majeure The Parties shall not be excused from their obligation to perform in accordance with the

Contract except in the case of Force Majeure events and as otherwise provided for in the Contract A Force

Majeure event materially affects the cost of the Goods or Services or the time schedule for performance and is

outside the control nor caused by the Parties In the case of any such exception the nonperforming Party shall

give immediate written notice to the other explaining the cause and probable duration of any such

Page 23 of 23

nonperformance

19 Entirety of Contract The Contract is the entire agreement between the Parties with respect to its subject matter

and supersedes all prior agreements proposals offers counteroffers and understandings of the Parties whether

written or oral The Contract has been entered into after full investigation neither Party relying upon any

statement or representation by the other unless such statement or representation is specifically embodied in the

Contract

20 Interpretation The Contract contains numerous references to statutes and regulations For purposes of

interpretation conflict resolution and otherwise the content of those statutes and regulations shall govern over

the content of the reference in the Contract to those statutes and regulations

A-1

Attachment A

Scope of Work

Mobile Food and Beverage Concession Services

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

covering each annual period of this contract shall reflect the following limits and shall be submitted

by the Concessionaire to the Department of Energy and Environmental Protection by April 1 of each

year this contract is in effect

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

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

damages arising from the destruction of or damage to property in any one accident or occurrence

In cases where any insurance policy shows an aggregate limit the aggregate shall apply solely to

the concession operation or the aggregate limit shall be not less than $2000000

b 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 from bodily injuries to or death of all persons in any one

accident or occurrence and for all damages arising from the destruction of or damage to property

in any one accident or occurrence In cases where any insurance policy shows an aggregate limit

the aggregate shall apply solely to the concession operation or the aggregate limit shall be not less

than $2000000

c The Concessionaire shall carry Workerrsquos Compensation insurance in accordance with the

requirements of the laws of the State of Connecticut

d Said coveragersquos are to be provided by insurance companies licensed by the State of Connecticut

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

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

2 Commodities and Price List

a The Concessionaire shall be allowed to sell food and beverages as approved in advance by the

Commissioner

b The Concessionaire shall be allowed to sell souvenirs and other outdoor recreation related

merchandise hereinafter referred to collectively as merchandise as approved in advance by the

Commissioner

c By April 1 of each year that this contract is in effect the Concessionaire shall submit for approval

a price list of all foods beverages and merchandise for sale hereinafter referred to collectively as

commodities to the Department of Energy and Environmental Protection Bureau of Outdoor

Recreation Division of State Parks and Public Outreach 79 Elm Street Hartford CT 06106-5127

d Any price increases or additions of commodities are subject to the prior written approval of the

Commissioner

e The Concessionaire shall post a price list of all commodities for sale in full public view while in

operation

f Whenever the park name is used on merchandise the complete park name shall be used

g The Concessionaire warrants that all commodities offered for sale shall not exceed in price nor be

substandard in quality or quantity to like commodities sold in the surrounding community

A-2

3 Sunscreen All concession operations in a park having a designated swimming area shall have

sunscreen with a Sun Protection Factor (SPF) of at least 15 for adults and 45 for children available for

sale to the general public

4 Use of Biodegradable Products To the extent practicable the Concessionaire agrees to use

recyclable and biodegradable products and packaging in all of its operations ie paper products or

products containing recycled contents The Concessionaire agrees to not dispense food or beverages

in close-celled foam-based containers

5 Prohibitions The Concessionaire shall not

a dispense food or beverages in glass containers

b dispense alcoholic beverages

c sell snorkels beach balls rafts or other inflatable or buoyant devices except US Coast Guard

approved personal flotation devices (PFDs)

d permit gratuities to employees of the State of Connecticut

e provide video or pinball games

6 Hours of Operation

a The Concessionaire may operate the Concession daily between 800 am and sunset on any day

that this contract is in effect

b From the Saturday before Memorial Day through July 4th the Concessionaire shall open the

concession on Saturdays Sundays and holidays not later than 1100 am except during inclement

weather and the concession shall remain open at least until three hours before but not later than

sunset

c From July 4th through Labor Day the Concessionaire shall open the concession daily not later than

1100 am except during inclement weather and the concession shall remain open at least until

three hours before but not later than sunset

d Deviations from the above stated schedules are allowable but must receive advanced approval in

writing from the Park and Recreation Supervisor

e When closing due to inclement weather the Concessionaire shall immediately notify the Park and

Recreation Supervisor The Concessionaire shall keep in the concession vehicle at all times a log

of all closures due to inclement weather and it shall be immediately available to the Park and

Recreation Supervisor upon request for inspection

f Within 30 days of closing the concession for the season but in no case later than December 31 of

each calendar year that this contract is in effect the Concessionaire shall submit an Annual

Inclement Weather Closure Report to the Park and Recreation Supervisor

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

the appropriate local health department prior to April 15th of each year this contract is in effect The

Concessionaire is responsible for and shall directly pay for any fees charged for such inspections

8 Health Department Permit The Concessionaire will annually obtain a ldquopermit to sellrdquo from the local

health department and submit a copy of said permit to the DEEP Division of State Parks amp Public

Outreach not later than April 30th of each year this contract is in effect Other Permits The

Concessionaire shall be solely responsible for securing any other licenses permits approvals or

waivers required by any other federal state regional or municipal authority having jurisdiction in the

town(s) in which the Concession is located

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

to state property without the prior written approval of DEEP Any improvements or permanent fixtures

approved by the DEEP and provided by the Concessionaire during the term of this contract shall

immediately become the property of the State of Connecticut

A-3

10 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

11 Refuse Disposal The Concessionaire at its sole expense shall be responsible for the proper disposal

and removal of all recyclables and trash generated by operation of the concession For additional

information see the DEEP website for Managing Waste and Recycling at Special Events and Other

Venues the direct URL address for which is

httpwwwctgovdepcwpviewaspa=2714ampq=434054ampdepNav_GID=1645

12 General Maintenance The Concessionaire shall be responsible for maintaining the Concession area

in a clean sanitary and orderly manner

13 Exclusivity With the exception of vending machines and commodities having prior written approval

for DEEP sanctioned events including but not limited to events authorized by a Special Use License

the Concessionaire shall have the exclusive right to sell commodities within the property named

herein

14 Vending Machines The State of Connecticut Board of Education and Services for the Blind (BESB)

shall have exclusive rights to vending machines on the premises of the concessions and other

authorized areas within the park or forest for the purpose of vending foods and beverages and to collect

receipts there from provided that the number and locations of such vending machines shall receive

prior written approval from a representative of the DEEP

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

contract shall prevent visitors from bringing food to the park and preparing such food for personal

consumption including dispensing such food at no charge to other park visitors Park visitors may

also utilize private catering services with advanced written approval of the Park and Recreation

Supervisor Said catering services may only be permitted with the condition that no financial

transactions occur on DEEP property

16 Concession Staffing The concession shall be staffed only by the Concessionaire or its employee(s)

or other agents identified herein unless otherwise authorized by the Commissioner in writing

17 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

18 Appearance The Concessionaire and its 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

19 Audible Devices The Concessionaire shall activate audible devices (loudspeakers music bells etc)

only in accordance with instructions provided by the Park and Recreation Supervisor Instructions are

subject to change immediately at the discretion of the Park and Recreation Supervisor

20 Concession Location Unless authorized by the Park and Recreation Supervisor to do otherwise the

Concessionaire agrees to

a identify all park-and-sit locations or drive-through routes on a park map

b confine all concession operations to the designated Concession areas

c confine all sales and advertising to the concession vehicle

d provide garbage and recycling receptacles for customer use

21 Food Inspection An authorized representative of the Commissioner may conduct an unannounced

in-season food inspection once per calendar year Upon request the Concessionaire shall provide a

A-4

range of food and beverage items proportionate to one meal to the Commissionerrsquos

representative for food-tasting purposes

22 Financial Reporting Within 30 days of closing the Concession for the season but in no case

later than December 31 of each calendar year that this contract is in effect the Concessionaire

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

Commissioner of the Superior Court to Department of Energy and Environmental Protection

Bureau of Outdoor Recreation Division of State Parks and Public Outreach 79 Elm Street

Hartford CT 06106-5127

23 Revenue DEEP shall have no responsibility for revenue loss directly or indirectly attributable

to DEEP management actions including but not limited to changes in park or campground

schedules or operations or in services provided to the visiting public DEEP shall have no

responsibility for revenue loss directly or indirectly attributable to uncontrollable phenomena

including but not limited to attendance loss weather conditions or other Acts of God

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

Energy and Environmental Protection regarding State Park and Forest Recreation Areas and

with any other department policy concerning the operation of concessions

The parties have hereunto set their hands

SIGNED AND DELIVERED below

STATE OF CONNECTICUT

Department of Energy and Environmental

Protection

CONCESSIONAIRE

BY BY

Date Date

Contract ______________

Acct Fund SID DeptId Prog Project Bud

Ref Amount

Funds available Date

Attorney General (Approved as to Form) Date

Page 22: REQUEST FOR PROPOSALS (RFP) Management, Operation and

Page 22 of 23

unapproved change in principal project staff the Commissioner may in the Commissionerrsquos sole discretion

terminate this Contract

11 Further Assurances The Parties shall provide such information execute and deliver any instruments and

documents and take such other actions as may be necessary or reasonably requested by the other Party which

are not inconsistent with the provisions of this Contract and which do not involve the vesting of rights or

assumption of obligations other than those provided for in the Contract in order to give full effect to the

Contract and to carry out the intent of the Contract

12 Third Party Participation The Contractor may make sub-awards using either its own competitive selection

process or the values established in the statersquos competitive selection process as outlined in DAS General Letter

71 whichever is more restrictive to conduct any of the tasks in the Scope of Work contained in Appendix A

The Contractor shall advise the Commissioner of the proposed sub-awardee and the amount allocated at least

two (2) weeks prior to the making of such awards The Commissioner reserves the right to disapprove such

awards if they appear to be inconsistent with the program activities to be conducted under this grant As

required by Sec 46a-68j-23 of the Connecticut Regulations of State Agencies the Contractor must make a good

faith effort based upon the availability of minority business enterprises in the labor market area to award a

reasonable proportion of all subcontracts to such enterprises When minority business enterprises are selected

the Contractor shall provide DEEP with a copy of the Affidavit for Certification of Subcontractors as Minority

Business Enterprises (MBE) along with a copy of the purchase order or contract engaging the Subcontractor

The Contractor shall be the sole point of contact concerning the management of the Contract including

performance and payment issues The Contractor is solely and completely responsible for adherence by any

subcontractor to all the applicable provisions of the Contract

13 Americans with Disabilities Act The Contractor shall be and remain in compliance with the Americans with

Disabilities Act of 1990 (ldquoActrdquo) to the extent applicable during the term of the Contract The DEEP may

cancel the Contract if the Contractor fails to comply with the Act

14 Affirmative Action and Sexual Harassment Policies The Contractor agrees to comply with the Departments

Affirmative Action and Sexual Harassment Policies available on DEEPrsquos web site Hard copies of the policy

statements are available upon request at DEEP

15 Breach If either Party breaches the Contract in any respect the non-breaching Party shall provide written

notice of the breach to the breaching Party and afford the breaching Party an opportunity to cure within ten (10)

days from the date that the breaching Party receives the notice In the case of a Contractor breach any other

time period which the Agency sets forth in the notice shall trump the ten (10) days The right to cure period

shall be extended if the non-breaching Party is satisfied that the breaching Party is making a good faith effort

to cure but the nature of the breach is such that it cannot be cured within the right to cure period The notice

may include an effective Contract Termination date if the breach is not cured by the stated date and unless

otherwise modified by the non-breaching Party in writing prior to the Termination date no further action shall

be required of any Party to effect the Termination as of the stated date If the notice does not set forth an

effective Contract Termination date then the non-breaching Party may Terminate the Contract by giving the

breaching Party no less than twenty four (24) hours prior written notice If the Agency believes that the

Contractor has not performed according to the Contract the Agency may withhold payment in whole or in part

pending resolution of the Performance issue provided that the Agency notifies the Contractor in writing prior

to the date that the payment would have been due

16 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

17 The Town Guarantee The Town shall furnish adequate protection from damage for all work and to repair any

damage of any kind for which he or his workmen are responsible to premises or any equipment to his own

work or to the work of the Agency pay for all permits licenses and fees and to give all notices and comply

with all laws ordinances rules and regulations of the city state and federal government

18 Force Majeure The Parties shall not be excused from their obligation to perform in accordance with the

Contract except in the case of Force Majeure events and as otherwise provided for in the Contract A Force

Majeure event materially affects the cost of the Goods or Services or the time schedule for performance and is

outside the control nor caused by the Parties In the case of any such exception the nonperforming Party shall

give immediate written notice to the other explaining the cause and probable duration of any such

Page 23 of 23

nonperformance

19 Entirety of Contract The Contract is the entire agreement between the Parties with respect to its subject matter

and supersedes all prior agreements proposals offers counteroffers and understandings of the Parties whether

written or oral The Contract has been entered into after full investigation neither Party relying upon any

statement or representation by the other unless such statement or representation is specifically embodied in the

Contract

20 Interpretation The Contract contains numerous references to statutes and regulations For purposes of

interpretation conflict resolution and otherwise the content of those statutes and regulations shall govern over

the content of the reference in the Contract to those statutes and regulations

A-1

Attachment A

Scope of Work

Mobile Food and Beverage Concession Services

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

covering each annual period of this contract shall reflect the following limits and shall be submitted

by the Concessionaire to the Department of Energy and Environmental Protection by April 1 of each

year this contract is in effect

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

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

damages arising from the destruction of or damage to property in any one accident or occurrence

In cases where any insurance policy shows an aggregate limit the aggregate shall apply solely to

the concession operation or the aggregate limit shall be not less than $2000000

b 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 from bodily injuries to or death of all persons in any one

accident or occurrence and for all damages arising from the destruction of or damage to property

in any one accident or occurrence In cases where any insurance policy shows an aggregate limit

the aggregate shall apply solely to the concession operation or the aggregate limit shall be not less

than $2000000

c The Concessionaire shall carry Workerrsquos Compensation insurance in accordance with the

requirements of the laws of the State of Connecticut

d Said coveragersquos are to be provided by insurance companies licensed by the State of Connecticut

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

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

2 Commodities and Price List

a The Concessionaire shall be allowed to sell food and beverages as approved in advance by the

Commissioner

b The Concessionaire shall be allowed to sell souvenirs and other outdoor recreation related

merchandise hereinafter referred to collectively as merchandise as approved in advance by the

Commissioner

c By April 1 of each year that this contract is in effect the Concessionaire shall submit for approval

a price list of all foods beverages and merchandise for sale hereinafter referred to collectively as

commodities to the Department of Energy and Environmental Protection Bureau of Outdoor

Recreation Division of State Parks and Public Outreach 79 Elm Street Hartford CT 06106-5127

d Any price increases or additions of commodities are subject to the prior written approval of the

Commissioner

e The Concessionaire shall post a price list of all commodities for sale in full public view while in

operation

f Whenever the park name is used on merchandise the complete park name shall be used

g The Concessionaire warrants that all commodities offered for sale shall not exceed in price nor be

substandard in quality or quantity to like commodities sold in the surrounding community

A-2

3 Sunscreen All concession operations in a park having a designated swimming area shall have

sunscreen with a Sun Protection Factor (SPF) of at least 15 for adults and 45 for children available for

sale to the general public

4 Use of Biodegradable Products To the extent practicable the Concessionaire agrees to use

recyclable and biodegradable products and packaging in all of its operations ie paper products or

products containing recycled contents The Concessionaire agrees to not dispense food or beverages

in close-celled foam-based containers

5 Prohibitions The Concessionaire shall not

a dispense food or beverages in glass containers

b dispense alcoholic beverages

c sell snorkels beach balls rafts or other inflatable or buoyant devices except US Coast Guard

approved personal flotation devices (PFDs)

d permit gratuities to employees of the State of Connecticut

e provide video or pinball games

6 Hours of Operation

a The Concessionaire may operate the Concession daily between 800 am and sunset on any day

that this contract is in effect

b From the Saturday before Memorial Day through July 4th the Concessionaire shall open the

concession on Saturdays Sundays and holidays not later than 1100 am except during inclement

weather and the concession shall remain open at least until three hours before but not later than

sunset

c From July 4th through Labor Day the Concessionaire shall open the concession daily not later than

1100 am except during inclement weather and the concession shall remain open at least until

three hours before but not later than sunset

d Deviations from the above stated schedules are allowable but must receive advanced approval in

writing from the Park and Recreation Supervisor

e When closing due to inclement weather the Concessionaire shall immediately notify the Park and

Recreation Supervisor The Concessionaire shall keep in the concession vehicle at all times a log

of all closures due to inclement weather and it shall be immediately available to the Park and

Recreation Supervisor upon request for inspection

f Within 30 days of closing the concession for the season but in no case later than December 31 of

each calendar year that this contract is in effect the Concessionaire shall submit an Annual

Inclement Weather Closure Report to the Park and Recreation Supervisor

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

the appropriate local health department prior to April 15th of each year this contract is in effect The

Concessionaire is responsible for and shall directly pay for any fees charged for such inspections

8 Health Department Permit The Concessionaire will annually obtain a ldquopermit to sellrdquo from the local

health department and submit a copy of said permit to the DEEP Division of State Parks amp Public

Outreach not later than April 30th of each year this contract is in effect Other Permits The

Concessionaire shall be solely responsible for securing any other licenses permits approvals or

waivers required by any other federal state regional or municipal authority having jurisdiction in the

town(s) in which the Concession is located

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

to state property without the prior written approval of DEEP Any improvements or permanent fixtures

approved by the DEEP and provided by the Concessionaire during the term of this contract shall

immediately become the property of the State of Connecticut

A-3

10 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

11 Refuse Disposal The Concessionaire at its sole expense shall be responsible for the proper disposal

and removal of all recyclables and trash generated by operation of the concession For additional

information see the DEEP website for Managing Waste and Recycling at Special Events and Other

Venues the direct URL address for which is

httpwwwctgovdepcwpviewaspa=2714ampq=434054ampdepNav_GID=1645

12 General Maintenance The Concessionaire shall be responsible for maintaining the Concession area

in a clean sanitary and orderly manner

13 Exclusivity With the exception of vending machines and commodities having prior written approval

for DEEP sanctioned events including but not limited to events authorized by a Special Use License

the Concessionaire shall have the exclusive right to sell commodities within the property named

herein

14 Vending Machines The State of Connecticut Board of Education and Services for the Blind (BESB)

shall have exclusive rights to vending machines on the premises of the concessions and other

authorized areas within the park or forest for the purpose of vending foods and beverages and to collect

receipts there from provided that the number and locations of such vending machines shall receive

prior written approval from a representative of the DEEP

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

contract shall prevent visitors from bringing food to the park and preparing such food for personal

consumption including dispensing such food at no charge to other park visitors Park visitors may

also utilize private catering services with advanced written approval of the Park and Recreation

Supervisor Said catering services may only be permitted with the condition that no financial

transactions occur on DEEP property

16 Concession Staffing The concession shall be staffed only by the Concessionaire or its employee(s)

or other agents identified herein unless otherwise authorized by the Commissioner in writing

17 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

18 Appearance The Concessionaire and its 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

19 Audible Devices The Concessionaire shall activate audible devices (loudspeakers music bells etc)

only in accordance with instructions provided by the Park and Recreation Supervisor Instructions are

subject to change immediately at the discretion of the Park and Recreation Supervisor

20 Concession Location Unless authorized by the Park and Recreation Supervisor to do otherwise the

Concessionaire agrees to

a identify all park-and-sit locations or drive-through routes on a park map

b confine all concession operations to the designated Concession areas

c confine all sales and advertising to the concession vehicle

d provide garbage and recycling receptacles for customer use

21 Food Inspection An authorized representative of the Commissioner may conduct an unannounced

in-season food inspection once per calendar year Upon request the Concessionaire shall provide a

A-4

range of food and beverage items proportionate to one meal to the Commissionerrsquos

representative for food-tasting purposes

22 Financial Reporting Within 30 days of closing the Concession for the season but in no case

later than December 31 of each calendar year that this contract is in effect the Concessionaire

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

Commissioner of the Superior Court to Department of Energy and Environmental Protection

Bureau of Outdoor Recreation Division of State Parks and Public Outreach 79 Elm Street

Hartford CT 06106-5127

23 Revenue DEEP shall have no responsibility for revenue loss directly or indirectly attributable

to DEEP management actions including but not limited to changes in park or campground

schedules or operations or in services provided to the visiting public DEEP shall have no

responsibility for revenue loss directly or indirectly attributable to uncontrollable phenomena

including but not limited to attendance loss weather conditions or other Acts of God

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

Energy and Environmental Protection regarding State Park and Forest Recreation Areas and

with any other department policy concerning the operation of concessions

The parties have hereunto set their hands

SIGNED AND DELIVERED below

STATE OF CONNECTICUT

Department of Energy and Environmental

Protection

CONCESSIONAIRE

BY BY

Date Date

Contract ______________

Acct Fund SID DeptId Prog Project Bud

Ref Amount

Funds available Date

Attorney General (Approved as to Form) Date

Page 23: REQUEST FOR PROPOSALS (RFP) Management, Operation and

Page 23 of 23

nonperformance

19 Entirety of Contract The Contract is the entire agreement between the Parties with respect to its subject matter

and supersedes all prior agreements proposals offers counteroffers and understandings of the Parties whether

written or oral The Contract has been entered into after full investigation neither Party relying upon any

statement or representation by the other unless such statement or representation is specifically embodied in the

Contract

20 Interpretation The Contract contains numerous references to statutes and regulations For purposes of

interpretation conflict resolution and otherwise the content of those statutes and regulations shall govern over

the content of the reference in the Contract to those statutes and regulations

A-1

Attachment A

Scope of Work

Mobile Food and Beverage Concession Services

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

covering each annual period of this contract shall reflect the following limits and shall be submitted

by the Concessionaire to the Department of Energy and Environmental Protection by April 1 of each

year this contract is in effect

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

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

damages arising from the destruction of or damage to property in any one accident or occurrence

In cases where any insurance policy shows an aggregate limit the aggregate shall apply solely to

the concession operation or the aggregate limit shall be not less than $2000000

b 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 from bodily injuries to or death of all persons in any one

accident or occurrence and for all damages arising from the destruction of or damage to property

in any one accident or occurrence In cases where any insurance policy shows an aggregate limit

the aggregate shall apply solely to the concession operation or the aggregate limit shall be not less

than $2000000

c The Concessionaire shall carry Workerrsquos Compensation insurance in accordance with the

requirements of the laws of the State of Connecticut

d Said coveragersquos are to be provided by insurance companies licensed by the State of Connecticut

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

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

2 Commodities and Price List

a The Concessionaire shall be allowed to sell food and beverages as approved in advance by the

Commissioner

b The Concessionaire shall be allowed to sell souvenirs and other outdoor recreation related

merchandise hereinafter referred to collectively as merchandise as approved in advance by the

Commissioner

c By April 1 of each year that this contract is in effect the Concessionaire shall submit for approval

a price list of all foods beverages and merchandise for sale hereinafter referred to collectively as

commodities to the Department of Energy and Environmental Protection Bureau of Outdoor

Recreation Division of State Parks and Public Outreach 79 Elm Street Hartford CT 06106-5127

d Any price increases or additions of commodities are subject to the prior written approval of the

Commissioner

e The Concessionaire shall post a price list of all commodities for sale in full public view while in

operation

f Whenever the park name is used on merchandise the complete park name shall be used

g The Concessionaire warrants that all commodities offered for sale shall not exceed in price nor be

substandard in quality or quantity to like commodities sold in the surrounding community

A-2

3 Sunscreen All concession operations in a park having a designated swimming area shall have

sunscreen with a Sun Protection Factor (SPF) of at least 15 for adults and 45 for children available for

sale to the general public

4 Use of Biodegradable Products To the extent practicable the Concessionaire agrees to use

recyclable and biodegradable products and packaging in all of its operations ie paper products or

products containing recycled contents The Concessionaire agrees to not dispense food or beverages

in close-celled foam-based containers

5 Prohibitions The Concessionaire shall not

a dispense food or beverages in glass containers

b dispense alcoholic beverages

c sell snorkels beach balls rafts or other inflatable or buoyant devices except US Coast Guard

approved personal flotation devices (PFDs)

d permit gratuities to employees of the State of Connecticut

e provide video or pinball games

6 Hours of Operation

a The Concessionaire may operate the Concession daily between 800 am and sunset on any day

that this contract is in effect

b From the Saturday before Memorial Day through July 4th the Concessionaire shall open the

concession on Saturdays Sundays and holidays not later than 1100 am except during inclement

weather and the concession shall remain open at least until three hours before but not later than

sunset

c From July 4th through Labor Day the Concessionaire shall open the concession daily not later than

1100 am except during inclement weather and the concession shall remain open at least until

three hours before but not later than sunset

d Deviations from the above stated schedules are allowable but must receive advanced approval in

writing from the Park and Recreation Supervisor

e When closing due to inclement weather the Concessionaire shall immediately notify the Park and

Recreation Supervisor The Concessionaire shall keep in the concession vehicle at all times a log

of all closures due to inclement weather and it shall be immediately available to the Park and

Recreation Supervisor upon request for inspection

f Within 30 days of closing the concession for the season but in no case later than December 31 of

each calendar year that this contract is in effect the Concessionaire shall submit an Annual

Inclement Weather Closure Report to the Park and Recreation Supervisor

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

the appropriate local health department prior to April 15th of each year this contract is in effect The

Concessionaire is responsible for and shall directly pay for any fees charged for such inspections

8 Health Department Permit The Concessionaire will annually obtain a ldquopermit to sellrdquo from the local

health department and submit a copy of said permit to the DEEP Division of State Parks amp Public

Outreach not later than April 30th of each year this contract is in effect Other Permits The

Concessionaire shall be solely responsible for securing any other licenses permits approvals or

waivers required by any other federal state regional or municipal authority having jurisdiction in the

town(s) in which the Concession is located

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

to state property without the prior written approval of DEEP Any improvements or permanent fixtures

approved by the DEEP and provided by the Concessionaire during the term of this contract shall

immediately become the property of the State of Connecticut

A-3

10 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

11 Refuse Disposal The Concessionaire at its sole expense shall be responsible for the proper disposal

and removal of all recyclables and trash generated by operation of the concession For additional

information see the DEEP website for Managing Waste and Recycling at Special Events and Other

Venues the direct URL address for which is

httpwwwctgovdepcwpviewaspa=2714ampq=434054ampdepNav_GID=1645

12 General Maintenance The Concessionaire shall be responsible for maintaining the Concession area

in a clean sanitary and orderly manner

13 Exclusivity With the exception of vending machines and commodities having prior written approval

for DEEP sanctioned events including but not limited to events authorized by a Special Use License

the Concessionaire shall have the exclusive right to sell commodities within the property named

herein

14 Vending Machines The State of Connecticut Board of Education and Services for the Blind (BESB)

shall have exclusive rights to vending machines on the premises of the concessions and other

authorized areas within the park or forest for the purpose of vending foods and beverages and to collect

receipts there from provided that the number and locations of such vending machines shall receive

prior written approval from a representative of the DEEP

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

contract shall prevent visitors from bringing food to the park and preparing such food for personal

consumption including dispensing such food at no charge to other park visitors Park visitors may

also utilize private catering services with advanced written approval of the Park and Recreation

Supervisor Said catering services may only be permitted with the condition that no financial

transactions occur on DEEP property

16 Concession Staffing The concession shall be staffed only by the Concessionaire or its employee(s)

or other agents identified herein unless otherwise authorized by the Commissioner in writing

17 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

18 Appearance The Concessionaire and its 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

19 Audible Devices The Concessionaire shall activate audible devices (loudspeakers music bells etc)

only in accordance with instructions provided by the Park and Recreation Supervisor Instructions are

subject to change immediately at the discretion of the Park and Recreation Supervisor

20 Concession Location Unless authorized by the Park and Recreation Supervisor to do otherwise the

Concessionaire agrees to

a identify all park-and-sit locations or drive-through routes on a park map

b confine all concession operations to the designated Concession areas

c confine all sales and advertising to the concession vehicle

d provide garbage and recycling receptacles for customer use

21 Food Inspection An authorized representative of the Commissioner may conduct an unannounced

in-season food inspection once per calendar year Upon request the Concessionaire shall provide a

A-4

range of food and beverage items proportionate to one meal to the Commissionerrsquos

representative for food-tasting purposes

22 Financial Reporting Within 30 days of closing the Concession for the season but in no case

later than December 31 of each calendar year that this contract is in effect the Concessionaire

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

Commissioner of the Superior Court to Department of Energy and Environmental Protection

Bureau of Outdoor Recreation Division of State Parks and Public Outreach 79 Elm Street

Hartford CT 06106-5127

23 Revenue DEEP shall have no responsibility for revenue loss directly or indirectly attributable

to DEEP management actions including but not limited to changes in park or campground

schedules or operations or in services provided to the visiting public DEEP shall have no

responsibility for revenue loss directly or indirectly attributable to uncontrollable phenomena

including but not limited to attendance loss weather conditions or other Acts of God

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

Energy and Environmental Protection regarding State Park and Forest Recreation Areas and

with any other department policy concerning the operation of concessions

The parties have hereunto set their hands

SIGNED AND DELIVERED below

STATE OF CONNECTICUT

Department of Energy and Environmental

Protection

CONCESSIONAIRE

BY BY

Date Date

Contract ______________

Acct Fund SID DeptId Prog Project Bud

Ref Amount

Funds available Date

Attorney General (Approved as to Form) Date

Page 24: REQUEST FOR PROPOSALS (RFP) Management, Operation and

A-1

Attachment A

Scope of Work

Mobile Food and Beverage Concession Services

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

covering each annual period of this contract shall reflect the following limits and shall be submitted

by the Concessionaire to the Department of Energy and Environmental Protection by April 1 of each

year this contract is in effect

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

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

damages arising from the destruction of or damage to property in any one accident or occurrence

In cases where any insurance policy shows an aggregate limit the aggregate shall apply solely to

the concession operation or the aggregate limit shall be not less than $2000000

b 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 from bodily injuries to or death of all persons in any one

accident or occurrence and for all damages arising from the destruction of or damage to property

in any one accident or occurrence In cases where any insurance policy shows an aggregate limit

the aggregate shall apply solely to the concession operation or the aggregate limit shall be not less

than $2000000

c The Concessionaire shall carry Workerrsquos Compensation insurance in accordance with the

requirements of the laws of the State of Connecticut

d Said coveragersquos are to be provided by insurance companies licensed by the State of Connecticut

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

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

2 Commodities and Price List

a The Concessionaire shall be allowed to sell food and beverages as approved in advance by the

Commissioner

b The Concessionaire shall be allowed to sell souvenirs and other outdoor recreation related

merchandise hereinafter referred to collectively as merchandise as approved in advance by the

Commissioner

c By April 1 of each year that this contract is in effect the Concessionaire shall submit for approval

a price list of all foods beverages and merchandise for sale hereinafter referred to collectively as

commodities to the Department of Energy and Environmental Protection Bureau of Outdoor

Recreation Division of State Parks and Public Outreach 79 Elm Street Hartford CT 06106-5127

d Any price increases or additions of commodities are subject to the prior written approval of the

Commissioner

e The Concessionaire shall post a price list of all commodities for sale in full public view while in

operation

f Whenever the park name is used on merchandise the complete park name shall be used

g The Concessionaire warrants that all commodities offered for sale shall not exceed in price nor be

substandard in quality or quantity to like commodities sold in the surrounding community

A-2

3 Sunscreen All concession operations in a park having a designated swimming area shall have

sunscreen with a Sun Protection Factor (SPF) of at least 15 for adults and 45 for children available for

sale to the general public

4 Use of Biodegradable Products To the extent practicable the Concessionaire agrees to use

recyclable and biodegradable products and packaging in all of its operations ie paper products or

products containing recycled contents The Concessionaire agrees to not dispense food or beverages

in close-celled foam-based containers

5 Prohibitions The Concessionaire shall not

a dispense food or beverages in glass containers

b dispense alcoholic beverages

c sell snorkels beach balls rafts or other inflatable or buoyant devices except US Coast Guard

approved personal flotation devices (PFDs)

d permit gratuities to employees of the State of Connecticut

e provide video or pinball games

6 Hours of Operation

a The Concessionaire may operate the Concession daily between 800 am and sunset on any day

that this contract is in effect

b From the Saturday before Memorial Day through July 4th the Concessionaire shall open the

concession on Saturdays Sundays and holidays not later than 1100 am except during inclement

weather and the concession shall remain open at least until three hours before but not later than

sunset

c From July 4th through Labor Day the Concessionaire shall open the concession daily not later than

1100 am except during inclement weather and the concession shall remain open at least until

three hours before but not later than sunset

d Deviations from the above stated schedules are allowable but must receive advanced approval in

writing from the Park and Recreation Supervisor

e When closing due to inclement weather the Concessionaire shall immediately notify the Park and

Recreation Supervisor The Concessionaire shall keep in the concession vehicle at all times a log

of all closures due to inclement weather and it shall be immediately available to the Park and

Recreation Supervisor upon request for inspection

f Within 30 days of closing the concession for the season but in no case later than December 31 of

each calendar year that this contract is in effect the Concessionaire shall submit an Annual

Inclement Weather Closure Report to the Park and Recreation Supervisor

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

the appropriate local health department prior to April 15th of each year this contract is in effect The

Concessionaire is responsible for and shall directly pay for any fees charged for such inspections

8 Health Department Permit The Concessionaire will annually obtain a ldquopermit to sellrdquo from the local

health department and submit a copy of said permit to the DEEP Division of State Parks amp Public

Outreach not later than April 30th of each year this contract is in effect Other Permits The

Concessionaire shall be solely responsible for securing any other licenses permits approvals or

waivers required by any other federal state regional or municipal authority having jurisdiction in the

town(s) in which the Concession is located

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

to state property without the prior written approval of DEEP Any improvements or permanent fixtures

approved by the DEEP and provided by the Concessionaire during the term of this contract shall

immediately become the property of the State of Connecticut

A-3

10 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

11 Refuse Disposal The Concessionaire at its sole expense shall be responsible for the proper disposal

and removal of all recyclables and trash generated by operation of the concession For additional

information see the DEEP website for Managing Waste and Recycling at Special Events and Other

Venues the direct URL address for which is

httpwwwctgovdepcwpviewaspa=2714ampq=434054ampdepNav_GID=1645

12 General Maintenance The Concessionaire shall be responsible for maintaining the Concession area

in a clean sanitary and orderly manner

13 Exclusivity With the exception of vending machines and commodities having prior written approval

for DEEP sanctioned events including but not limited to events authorized by a Special Use License

the Concessionaire shall have the exclusive right to sell commodities within the property named

herein

14 Vending Machines The State of Connecticut Board of Education and Services for the Blind (BESB)

shall have exclusive rights to vending machines on the premises of the concessions and other

authorized areas within the park or forest for the purpose of vending foods and beverages and to collect

receipts there from provided that the number and locations of such vending machines shall receive

prior written approval from a representative of the DEEP

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

contract shall prevent visitors from bringing food to the park and preparing such food for personal

consumption including dispensing such food at no charge to other park visitors Park visitors may

also utilize private catering services with advanced written approval of the Park and Recreation

Supervisor Said catering services may only be permitted with the condition that no financial

transactions occur on DEEP property

16 Concession Staffing The concession shall be staffed only by the Concessionaire or its employee(s)

or other agents identified herein unless otherwise authorized by the Commissioner in writing

17 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

18 Appearance The Concessionaire and its 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

19 Audible Devices The Concessionaire shall activate audible devices (loudspeakers music bells etc)

only in accordance with instructions provided by the Park and Recreation Supervisor Instructions are

subject to change immediately at the discretion of the Park and Recreation Supervisor

20 Concession Location Unless authorized by the Park and Recreation Supervisor to do otherwise the

Concessionaire agrees to

a identify all park-and-sit locations or drive-through routes on a park map

b confine all concession operations to the designated Concession areas

c confine all sales and advertising to the concession vehicle

d provide garbage and recycling receptacles for customer use

21 Food Inspection An authorized representative of the Commissioner may conduct an unannounced

in-season food inspection once per calendar year Upon request the Concessionaire shall provide a

A-4

range of food and beverage items proportionate to one meal to the Commissionerrsquos

representative for food-tasting purposes

22 Financial Reporting Within 30 days of closing the Concession for the season but in no case

later than December 31 of each calendar year that this contract is in effect the Concessionaire

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

Commissioner of the Superior Court to Department of Energy and Environmental Protection

Bureau of Outdoor Recreation Division of State Parks and Public Outreach 79 Elm Street

Hartford CT 06106-5127

23 Revenue DEEP shall have no responsibility for revenue loss directly or indirectly attributable

to DEEP management actions including but not limited to changes in park or campground

schedules or operations or in services provided to the visiting public DEEP shall have no

responsibility for revenue loss directly or indirectly attributable to uncontrollable phenomena

including but not limited to attendance loss weather conditions or other Acts of God

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

Energy and Environmental Protection regarding State Park and Forest Recreation Areas and

with any other department policy concerning the operation of concessions

The parties have hereunto set their hands

SIGNED AND DELIVERED below

STATE OF CONNECTICUT

Department of Energy and Environmental

Protection

CONCESSIONAIRE

BY BY

Date Date

Contract ______________

Acct Fund SID DeptId Prog Project Bud

Ref Amount

Funds available Date

Attorney General (Approved as to Form) Date

Page 25: REQUEST FOR PROPOSALS (RFP) Management, Operation and

A-2

3 Sunscreen All concession operations in a park having a designated swimming area shall have

sunscreen with a Sun Protection Factor (SPF) of at least 15 for adults and 45 for children available for

sale to the general public

4 Use of Biodegradable Products To the extent practicable the Concessionaire agrees to use

recyclable and biodegradable products and packaging in all of its operations ie paper products or

products containing recycled contents The Concessionaire agrees to not dispense food or beverages

in close-celled foam-based containers

5 Prohibitions The Concessionaire shall not

a dispense food or beverages in glass containers

b dispense alcoholic beverages

c sell snorkels beach balls rafts or other inflatable or buoyant devices except US Coast Guard

approved personal flotation devices (PFDs)

d permit gratuities to employees of the State of Connecticut

e provide video or pinball games

6 Hours of Operation

a The Concessionaire may operate the Concession daily between 800 am and sunset on any day

that this contract is in effect

b From the Saturday before Memorial Day through July 4th the Concessionaire shall open the

concession on Saturdays Sundays and holidays not later than 1100 am except during inclement

weather and the concession shall remain open at least until three hours before but not later than

sunset

c From July 4th through Labor Day the Concessionaire shall open the concession daily not later than

1100 am except during inclement weather and the concession shall remain open at least until

three hours before but not later than sunset

d Deviations from the above stated schedules are allowable but must receive advanced approval in

writing from the Park and Recreation Supervisor

e When closing due to inclement weather the Concessionaire shall immediately notify the Park and

Recreation Supervisor The Concessionaire shall keep in the concession vehicle at all times a log

of all closures due to inclement weather and it shall be immediately available to the Park and

Recreation Supervisor upon request for inspection

f Within 30 days of closing the concession for the season but in no case later than December 31 of

each calendar year that this contract is in effect the Concessionaire shall submit an Annual

Inclement Weather Closure Report to the Park and Recreation Supervisor

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

the appropriate local health department prior to April 15th of each year this contract is in effect The

Concessionaire is responsible for and shall directly pay for any fees charged for such inspections

8 Health Department Permit The Concessionaire will annually obtain a ldquopermit to sellrdquo from the local

health department and submit a copy of said permit to the DEEP Division of State Parks amp Public

Outreach not later than April 30th of each year this contract is in effect Other Permits The

Concessionaire shall be solely responsible for securing any other licenses permits approvals or

waivers required by any other federal state regional or municipal authority having jurisdiction in the

town(s) in which the Concession is located

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

to state property without the prior written approval of DEEP Any improvements or permanent fixtures

approved by the DEEP and provided by the Concessionaire during the term of this contract shall

immediately become the property of the State of Connecticut

A-3

10 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

11 Refuse Disposal The Concessionaire at its sole expense shall be responsible for the proper disposal

and removal of all recyclables and trash generated by operation of the concession For additional

information see the DEEP website for Managing Waste and Recycling at Special Events and Other

Venues the direct URL address for which is

httpwwwctgovdepcwpviewaspa=2714ampq=434054ampdepNav_GID=1645

12 General Maintenance The Concessionaire shall be responsible for maintaining the Concession area

in a clean sanitary and orderly manner

13 Exclusivity With the exception of vending machines and commodities having prior written approval

for DEEP sanctioned events including but not limited to events authorized by a Special Use License

the Concessionaire shall have the exclusive right to sell commodities within the property named

herein

14 Vending Machines The State of Connecticut Board of Education and Services for the Blind (BESB)

shall have exclusive rights to vending machines on the premises of the concessions and other

authorized areas within the park or forest for the purpose of vending foods and beverages and to collect

receipts there from provided that the number and locations of such vending machines shall receive

prior written approval from a representative of the DEEP

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

contract shall prevent visitors from bringing food to the park and preparing such food for personal

consumption including dispensing such food at no charge to other park visitors Park visitors may

also utilize private catering services with advanced written approval of the Park and Recreation

Supervisor Said catering services may only be permitted with the condition that no financial

transactions occur on DEEP property

16 Concession Staffing The concession shall be staffed only by the Concessionaire or its employee(s)

or other agents identified herein unless otherwise authorized by the Commissioner in writing

17 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

18 Appearance The Concessionaire and its 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

19 Audible Devices The Concessionaire shall activate audible devices (loudspeakers music bells etc)

only in accordance with instructions provided by the Park and Recreation Supervisor Instructions are

subject to change immediately at the discretion of the Park and Recreation Supervisor

20 Concession Location Unless authorized by the Park and Recreation Supervisor to do otherwise the

Concessionaire agrees to

a identify all park-and-sit locations or drive-through routes on a park map

b confine all concession operations to the designated Concession areas

c confine all sales and advertising to the concession vehicle

d provide garbage and recycling receptacles for customer use

21 Food Inspection An authorized representative of the Commissioner may conduct an unannounced

in-season food inspection once per calendar year Upon request the Concessionaire shall provide a

A-4

range of food and beverage items proportionate to one meal to the Commissionerrsquos

representative for food-tasting purposes

22 Financial Reporting Within 30 days of closing the Concession for the season but in no case

later than December 31 of each calendar year that this contract is in effect the Concessionaire

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

Commissioner of the Superior Court to Department of Energy and Environmental Protection

Bureau of Outdoor Recreation Division of State Parks and Public Outreach 79 Elm Street

Hartford CT 06106-5127

23 Revenue DEEP shall have no responsibility for revenue loss directly or indirectly attributable

to DEEP management actions including but not limited to changes in park or campground

schedules or operations or in services provided to the visiting public DEEP shall have no

responsibility for revenue loss directly or indirectly attributable to uncontrollable phenomena

including but not limited to attendance loss weather conditions or other Acts of God

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

Energy and Environmental Protection regarding State Park and Forest Recreation Areas and

with any other department policy concerning the operation of concessions

The parties have hereunto set their hands

SIGNED AND DELIVERED below

STATE OF CONNECTICUT

Department of Energy and Environmental

Protection

CONCESSIONAIRE

BY BY

Date Date

Contract ______________

Acct Fund SID DeptId Prog Project Bud

Ref Amount

Funds available Date

Attorney General (Approved as to Form) Date

Page 26: REQUEST FOR PROPOSALS (RFP) Management, Operation and

A-3

10 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

11 Refuse Disposal The Concessionaire at its sole expense shall be responsible for the proper disposal

and removal of all recyclables and trash generated by operation of the concession For additional

information see the DEEP website for Managing Waste and Recycling at Special Events and Other

Venues the direct URL address for which is

httpwwwctgovdepcwpviewaspa=2714ampq=434054ampdepNav_GID=1645

12 General Maintenance The Concessionaire shall be responsible for maintaining the Concession area

in a clean sanitary and orderly manner

13 Exclusivity With the exception of vending machines and commodities having prior written approval

for DEEP sanctioned events including but not limited to events authorized by a Special Use License

the Concessionaire shall have the exclusive right to sell commodities within the property named

herein

14 Vending Machines The State of Connecticut Board of Education and Services for the Blind (BESB)

shall have exclusive rights to vending machines on the premises of the concessions and other

authorized areas within the park or forest for the purpose of vending foods and beverages and to collect

receipts there from provided that the number and locations of such vending machines shall receive

prior written approval from a representative of the DEEP

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

contract shall prevent visitors from bringing food to the park and preparing such food for personal

consumption including dispensing such food at no charge to other park visitors Park visitors may

also utilize private catering services with advanced written approval of the Park and Recreation

Supervisor Said catering services may only be permitted with the condition that no financial

transactions occur on DEEP property

16 Concession Staffing The concession shall be staffed only by the Concessionaire or its employee(s)

or other agents identified herein unless otherwise authorized by the Commissioner in writing

17 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

18 Appearance The Concessionaire and its 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

19 Audible Devices The Concessionaire shall activate audible devices (loudspeakers music bells etc)

only in accordance with instructions provided by the Park and Recreation Supervisor Instructions are

subject to change immediately at the discretion of the Park and Recreation Supervisor

20 Concession Location Unless authorized by the Park and Recreation Supervisor to do otherwise the

Concessionaire agrees to

a identify all park-and-sit locations or drive-through routes on a park map

b confine all concession operations to the designated Concession areas

c confine all sales and advertising to the concession vehicle

d provide garbage and recycling receptacles for customer use

21 Food Inspection An authorized representative of the Commissioner may conduct an unannounced

in-season food inspection once per calendar year Upon request the Concessionaire shall provide a

A-4

range of food and beverage items proportionate to one meal to the Commissionerrsquos

representative for food-tasting purposes

22 Financial Reporting Within 30 days of closing the Concession for the season but in no case

later than December 31 of each calendar year that this contract is in effect the Concessionaire

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

Commissioner of the Superior Court to Department of Energy and Environmental Protection

Bureau of Outdoor Recreation Division of State Parks and Public Outreach 79 Elm Street

Hartford CT 06106-5127

23 Revenue DEEP shall have no responsibility for revenue loss directly or indirectly attributable

to DEEP management actions including but not limited to changes in park or campground

schedules or operations or in services provided to the visiting public DEEP shall have no

responsibility for revenue loss directly or indirectly attributable to uncontrollable phenomena

including but not limited to attendance loss weather conditions or other Acts of God

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

Energy and Environmental Protection regarding State Park and Forest Recreation Areas and

with any other department policy concerning the operation of concessions

The parties have hereunto set their hands

SIGNED AND DELIVERED below

STATE OF CONNECTICUT

Department of Energy and Environmental

Protection

CONCESSIONAIRE

BY BY

Date Date

Contract ______________

Acct Fund SID DeptId Prog Project Bud

Ref Amount

Funds available Date

Attorney General (Approved as to Form) Date

Page 27: REQUEST FOR PROPOSALS (RFP) Management, Operation and

A-4

range of food and beverage items proportionate to one meal to the Commissionerrsquos

representative for food-tasting purposes

22 Financial Reporting Within 30 days of closing the Concession for the season but in no case

later than December 31 of each calendar year that this contract is in effect the Concessionaire

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

Commissioner of the Superior Court to Department of Energy and Environmental Protection

Bureau of Outdoor Recreation Division of State Parks and Public Outreach 79 Elm Street

Hartford CT 06106-5127

23 Revenue DEEP shall have no responsibility for revenue loss directly or indirectly attributable

to DEEP management actions including but not limited to changes in park or campground

schedules or operations or in services provided to the visiting public DEEP shall have no

responsibility for revenue loss directly or indirectly attributable to uncontrollable phenomena

including but not limited to attendance loss weather conditions or other Acts of God

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

Energy and Environmental Protection regarding State Park and Forest Recreation Areas and

with any other department policy concerning the operation of concessions

The parties have hereunto set their hands

SIGNED AND DELIVERED below

STATE OF CONNECTICUT

Department of Energy and Environmental

Protection

CONCESSIONAIRE

BY BY

Date Date

Contract ______________

Acct Fund SID DeptId Prog Project Bud

Ref Amount

Funds available Date

Attorney General (Approved as to Form) Date