REQUEST FOR PROPOSALS
                                  Operation of Food and Beverage Concession Building
               ...
concession and any other necessary expenses that may arise during the operation of the concession.
   The proposed concess...
D. RFP Timeline
   The following timeline, up to and including the deadline for submitting proposals, shall be
   changed ...
H. Confidential Information
   Proposers are advised not to include in their proposals any proprietary information. The
  ...
Bidder Contract Compliance
                Contract Amount        Monitoring Report Required, and      Affirmative
       ...
A. Name of the Contract for which the proposal is being submitted (i.e. which park or parks).

B. Proposer's Information

...
4. References

          Include three letters of reference from recent clients. Provide the following information for
   ...
E. DEP may amend or cancel this RFP, prior to the due date and time, if DEP deems it to be
   necessary, appropriate or ot...
O. Rights Reserved to DEP

        The DEP reserves the right to award in part, to reject any and all proposals in whole o...
B.    Quaddick State Park, Thompson

         1. Activities
               Swimming
               Lake fishing
          ...
LETTER OF INTENT TO SUBMIT A PROPOSAL

                                                State of Connecticut

             ...
STATE OF CONNECTICUT
                         DEPARTMENT OF ENVIRONMENTAL PROTECTION
                              BUREAU ...
United States or of the state of Connecticut. The contractor further agrees to take affirmative action to insure
that appl...
The following subsections are set forth here as required by section 4a-60a of the Connecticut General Statutes
as amended ...
(collectively, the "Acts") of the Contractor or Contractor Parties; and (2) liabilities, damages, losses, costs and
expens...
employees, which may have had, now have or will have with respect to all matters arising out of the Contract.
To the exten...
it may now have or will have to the laying of venue of any Claims in any forum and further irrevocably submits
to such jur...
(VARIOUS STATE PARKS CONCESSION CONTRACT)

                                         “ATTACHMENT A”


THE CONCESSIONAIRE AG...
3. Sunscreen: All Concessionaire’s that operate a concession in a beach park, shall have available for
sale to the general...
12. Utilities and Suppliers: For billing purposes with Concessionaires, utility companies and
suppliers, the Concessionair...
Public and/or a Commissioner of the Superior Court, to: Department of Environmental Protection,
Bureau of Outdoor Recreati...
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Page 1 of 10 REQUEST FOR PROPOSALS Operation of Food and ...

  1. 1. REQUEST FOR PROPOSALS Operation of Food and Beverage Concession Building RFP # PARKS021809BC Table of Contents 1. Project Summary .....................................................................................................................................1 2. Outline of Work .......................................................................................................................................1 3. Contract Term ..........................................................................................................................................2 4. Preferred Qualifications ...........................................................................................................................2 5. Submission Deadline ...............................................................................................................................2 6. Review Criteria ........................................................................................................................................2 7. Instructions for Proposers ........................................................................................................................2 A. DEP’s Official Agency Contact.......................................................................................................2 B. Proposer’s Representatives ..............................................................................................................2 C. Communications Notice ..................................................................................................................2 D. RFP Timeline ...................................................................................................................................3 E. Letter of Intent .................................................................................................................................3 F. Proposers' Conferences ....................................................................................................................3 G. Inquiry Procedures ...........................................................................................................................3 H. Confidential Information .................................................................................................................4 I. Affidavit Concerning Gifts and Campaign Contributions (NOTE: Only required for proposals with a total value of $50,000 or greater.) ........................................................................................4 J. Campaign Contribution Ban ............................................................................................................4 K. Minimum Submission Requirements ..............................................................................................4 L. Multiple Submissions ......................................................................................................................4 M. Contract Compliance Requirements (required for any application exceeding $3,000.00) ..............4 N. Style Requirements ..........................................................................................................................5 O. Packaging and Labeling Requirements ...........................................................................................5 P. Meetings with Proposers..................................................................................................................5 8. Required Format for Proposals ................................................................................................................5 9. RFP Conditions........................................................................................................................................7 10. Agency’s Standard Contract and Conditions and State’s Contract Compliance Requirements ............9 11. Park Descriptions ...................................................................................................................................9 1. Project Summary Provide food and beverage concessionaire service to the general public at one, or both of the following state parks: Lake Waramaug in Kent and Quaddick in Thompson. Park and building descriptions are found in Section 11 on page 9. (NOTE: If bidding on more than one location, proposers are advised to submit a separate proposal for each location. A combined proposal will only be considered after the Selection Committee determines that individual proposals do not fully satisfy the selection criteria.) 2. Outline of Work The Concessionaire will be responsible for all aspects of the food service operation, including equipment and supply requisition, preparation and service of foods and beverages, clean up and trash disposal, and compliance with any state or municipally mandated recycling plan for designated recyclables generated by the operation. Concessionaire responsibilities also include but are not limited to: electricity, propane, insurance, maintenance of the area surrounding the Page 1 of 10
  2. 2. concession 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 food service operation. 3. Contract Term The contract term shall be from the execution date of the Contract through September 30, 2011. The contract may be extended for an additional two year period at the discretion of the DEP and with the consent of the concessionaire. 4. Preferred Qualifications Proposer should possess, or have ready access to, all supplies and equipment necessary for a food service operation. Proposer should have at least five years of experience in food service operations. 5. Submission Deadlines Letter of Intent to Apply must be received by 4:00 p.m. on March 6, 2009. Proposals for a Food Service Concession must be received by 4:00 p.m. on March 24, 2009. 6. Review Criteria Ability to meet the terms described in "Attachment A" of the Sample Contract (enclosed). Variety of foods and beverages offered. Competitiveness of pricing relative to local standards. Demonstrated experience in food service operations. Amount of proposed rent to be paid to the DEP. 7. Instructions for Proposers A. DEP’s Official Agency Contact All proposals and written questions must be submitted to, and communications shall be with: Ms. Patricia Downes DEP – Bureau of Outdoor Recreation 79 Elm Street Hartford, CT 06106-5127 Phone: (860) 424-3504 Fax: (860) 424-4070 e-mail: patricia.downes@ct.gov B. Proposer’s Representatives Provide the “legal” name, title (if applicable), address, telephone and FAX numbers, e-mail address(s), and normal hours when you can be reached. Social Security or FEIN will be required when the contract is drafted. Note that if Proposer is a Connecticut firm, name must be exactly as registered with the Secretary of State as listed on Concord, located at: http://www.concord-sots.ct.gov/CONCORD/online?eid=99&sn=InquiryServlet. C. Communications Notice All communications with the agency or any person representing this agency concerning this RFP are strictly prohibited, except as permitted by Section 7, Subsection A of this RFP. Any violation of this prohibition by Proposers or their representatives may result in disqualification or other sanctions, or both. Page 2 of 10
  3. 3. D. RFP Timeline The following timeline, up to and including the deadline for submitting proposals, shall be changed only by an amendment to this RFP. Dates after the deadline are target dates only. February 18, 2009 RFP Released March 6, 2009 Deadline for Letter of Intent March 6, 2009 Deadline for Written Questions March 14, 2009 Proposers’ Conferences March 17, 2009 Official Answers Released March 24, 2009 by 4:00 p.m. Deadline for Submitting Proposals April 1, 2009 Contractor Selection April 2, 2009 Start of Contract Negotiations April 13, 2009 Contracts prepared for signature E. Letter of Intent Any Proposer intending to respond to this RFP must complete and submit a Letter of Intent (form attached) to the Official Agency Contact by US mail or facsimile not later than 4:00 p.m. on March 6, 2009. As an original signature is required, a letter of intent sent by e-mail is unacceptable. The letter of intent is non-binding, in that the Proposer is not required to submit an application. Include a written statement that the Proposer has read and accepts the RFP’s conditions (Section 9.), the agency’s standard contract and conditions (sample contract enclosed), and the State’s contract compliance requirements (Request for Proposals, Section 7, Subsection M, and Sample Contract, Section 4) in their entirety and without amendment. The statement must be signed by the Proposer. Proposers may not attend the Proposer's Conference unless they have submitted a letter of intent. F. Proposers' Conferences Proposers’ conferences will be held at the times and locations listed below. Attendance is mandatory. The Proposer, or the proposer's designated Representative (as defined in Section 8, Subsection C) must attend the conference. Sign-in begins at the times listed below. Proposals will not be accepted unless the Proposer, or the Proposer's Representative, signs the conference attendance log with 15 minutes of the conference start times listed below. Lake Waramaug SP Kent March 15, 2009 at 10:00 a.m. Quaddick SP Thompson March 15, 2009 at 4:00 p.m. G. Inquiry Procedures Proposers may submit questions about the RFP to the Official Agency Contact on or before March 6, 2009. All questions must be in writing and submitted by US mail, facsimile, or e- mail. Questions will not be accepted over the telephone. Anonymous questions will not be answered. The agency reserves the right to provide a combined answer to similar questions. Questions received by March 6, 2009 will be answered at the Proposer's Conference. Questions arising at the Proposer's Conference will be answered at the conference. The agency will distribute official answers to any and all questions, in the form of a written amendment, not later than March 17, 2009 to all Proposers who attended the Proposer's Conference. Any Proposer who has not received the amendment within two business days following the distribution date may contact the Official Agency Contact by telephone to request a copy. Any amendments to this RFP will also be posted by March 17, 2009 on the Department of Administrative Services Contracting Portal. Page 3 of 10
  4. 4. H. Confidential Information Proposers are advised not to include in their proposals any proprietary information. The Connecticut Freedom of Information Act generally requires the disclosure of documents in the possession of the State upon request of any citizen, unless the content of the document falls within certain categories of exemption. An example of an exemption is a “trade secret,” as defined by statute (C.G.S. § 1-19(b)(5)). If the information is not readily available to the public from other sources and the Proposer submitting the information requests confidentiality, then the information generally is considered to be “given in confidence.” Confidential information must be isolated from other material in the proposal and labeled CONFIDENTIAL. I. Affidavit Concerning Gifts and Campaign Contributions (NOTE: Only required for proposals with a total value of $50,000 or greater.) Pursuant to Public Act 04-245, all Proposers must provide a signed affidavit attesting to whether or not gifts were provided to certain public officials or State employees during the two-year period preceding the submission of a proposal. In addition, pursuant to paragraph 8 of Governor M. Jodi Rell’s Executive Order No. 1, anyone who files an affidavit pursuant to Public Act 04-245 shall disclose in those affidavits all contributions made to campaigns of candidates for state-wide public office or the General Assembly. Further, any Contractor who is awarded a large State contract shall update the affidavit on an annual basis. J. Campaign Contribution Ban With regard to a State contract as defined in P.A. 07-1 having a value in a calendar year of $50,000 or more or a combination or series of such agreements or contracts having a value of $100,000 or more, the authorized signatory to this submission in response to the State's solicitation expressly acknowledges receipt of the State Elections Enforcement Commission's notice advising prospective state contractors of state campaign contribution and solicitation prohibitions, and will inform its principals of the contents of the notice. See SEEC Form 11. K. Minimum Submission Requirements At a minimum, proposals must (1) be submitted before the deadline, (2) follow the preferred format, (3) satisfy the packaging and labeling requirements, (4) be complete, and (5) include the required affidavits concerning gifts and campaign contributions (if applicable). Proposals that fail to meet these minimum submission requirements may be disqualified. L. Multiple Submissions Multiple proposals by the same Proposer will be considered. Proposals may be for a single location, or for a combination of the locations. If bidding on more than one location, proposers are advised to submit a separate proposal for each location. Proposals for a combination of locations will only be considered after the Selection Committee determines that individual proposals do not fully satisfy the selection criteria. M. Contract Compliance Requirements (required for any application exceeding $3,000.00) See CHRO website for specific forms. The following table will assist in determining which forms are required. Page 4 of 10
  5. 5. Bidder Contract Compliance Contract Amount Monitoring Report Required, and Affirmative Affidavit for Certification of Action Plan Subcontractors as Minority Business Enterprises $0 - $4,000 No No $4,000.01 - $9,999.00 Yes No $10,000 - $250,000 Yes No $250,000 or more Yes Yes The State of Connecticut is an Equal Opportunity and Affirmative Action employer and does not discriminate in its hiring, employment, or business practices. The State is committed to complying with the Americans with Disabilities Act of 1990 (ADA) and does not discriminate on the basis of disability, in admission to, access to, or operation of its programs, services, or activities. For contracts of $250,000 or more, provide evidence of the Proposer’s ability to meet the contract compliance requirements for one or more of the following factors: (1) success in implementing an affirmative action plan; (2) success in developing an apprenticeship program complying with §§ 46a-68-1 to 46a-68-17, inclusive, of the Regulations of Connecticut State Agencies; (3) promise to develop and implement a successful affirmative action plan; (4) submission of EEO-1 data indicating that the composition of the Proposer’s workforce is at or near parity in the relevant labor market area; or (5) promise to set aside a portion of the contract for legitimate minority business enterprises. N. Style Requirements To the extent possible, proposals should conform to the following specifications: (1) be word processed or typewritten , (2) use font size of not less than 10 and not more than 12 points, (3) have margins of not less than 1” on the top, bottom, and sides of all pages, (4) be not more than 10 pages in length, including any attachments, (5) display the Proposer’s name on the header of each page, and (6) display page numbers at the bottom of each page. O. Packaging and Labeling Requirements The proposal must be signed by the Proposer. Unsigned proposals will be rejected. Proposals must be submitted in sealed envelopes or packages, and be addressed to the Official Agency Contact. The name and address of the Proposer must appear in the upper left corner of the envelope or package. The lower left corner must be labeled "Sealed Bid, Deadline March 24, 2009." A signed original (clearly identified as such) and four exact copies of the proposal must be submitted. An electronic document format may be substituted for the four exact copies. Proposals transmitted by facsimile or email will not be accepted or reviewed. P. Meetings with Proposers At its discretion, the Agency may convene meetings with Proposers in order to gain a fuller understanding of the proposals. The meetings may involve demonstrations, interviews, presentations, or site visits. If the agency decides meetings are warranted, the Official Agency Contact will telephone Proposers to make an appointment. Any such meetings are tentatively scheduled to take place between March 25 - 31, 2009. 8. Required Format for Proposals All proposals must follow the required format below and address all requirements listed in the prescribed order, using the prescribed numbering system. Failure to follow the required format may result in the disqualification of a proposal. Page 5 of 10
  6. 6. A. Name of the Contract for which the proposal is being submitted (i.e. which park or parks). B. Proposer's Information Provide the information requested below: 1. Name of Proposer 2. Business Address 3. Telephone Number 4. E-mail Address (If Available) 5. Federal Employer ID Number / Social Security Number C. Proposer’s Representatives The Proposer may designate an authorized representative and one alternate who may speak and act on behalf of the Proposer in all dealings with the agency, if necessary. Provide the following information for each individual. 1. Names 2. Telephone Numbers 3. Normal Hours of Work D. Individual or Organizational Profile 1. Qualifications Proposers must be at least 18 years of age, and must able to legally work in the United States of America for the entire term of the contract. Provide a statement of your organization's qualifications and food service experience. Where applicable, the statement should include a history of annual gross receipts for the Proposer's three most recent years of operating a food and beverage concessions. 2. Key Personnel and Staffing Identify the key supervisory and management personnel that will be assigned to this project. Attach resumes reflecting their qualifications, including related work experience. The Department must be given advanced notice in writing of the departure of any key personnel from the project. Identify the personnel resources that will be assigned to meet the work schedule outlined below in Section E, Subsection 4. 3. Legal Status If the Proposer is a firm or corporation, describe the organization’s legal status (e.g., sole proprietorship, partnership, limited partnership, corporation, subchapter S corporation). Report the states in which the organization is registered to do business. Page 6 of 10
  7. 7. 4. References Include three letters of reference from recent clients. Provide the following information for each reference: name, title, company address, and phone number. 5. Conflict of Interest Include a disclosure statement concerning any current business relationships (within the last 3 years) that may pose a conflict of interest, as defined by C.G.S. § 1-85. E. Outline of Work 1. Personnel Describe who will be working at the concession. What is their level of experience in food service operation, and describe the level of supervision will they receive. Describe the dress code and personal hygiene standards. 2. Menu Provide a sample menu with a price list. Describe any non-consumable items you would have for sale (i.e. sun tan lotion, flip-flops, etc.). 3. Equipment Concession buildings in Connecticut State Parks are generally equipped only with permanently installed fixtures. All other equipment must be provided by the concessionaire. Describe the equipment you intend to provide; include pictures if possible. 4. Schedule Include a proposed work schedule that includes the following periods: April 15 through the Friday before Memorial Day, the Saturday of Memorial Day Weekend through Labor Day, and the Tuesday after Labor Day to September 30. Schedule should include hours of operation and levels of staffing during various periods such as weekends/holidays, weekdays, early/late season, and peak season. 9. RFP Conditions A. All proposals in response to this RFP are to be the sole property of DEP. Proposers are encouraged not to include in their proposals any information that is proprietary. All materials associated with this procurement process are subject to the terms of State laws defining freedom of information and privacy and all rules, regulations and interpretations resulting from those laws. B. Any product, whether acceptable or unacceptable, developed under a contract awarded as a result of the RFP is to be the sole property of DEP. C. Timing and sequence of events resulting from this RFP will ultimately be determined by DEP. D. The Proposer agrees that the proposal will remain valid for a period of 90 days after the deadline for submission and may be extended beyond that time by mutual agreement. Page 7 of 10
  8. 8. E. DEP may amend or cancel this RFP, prior to the due date and time, if DEP deems it to be necessary, appropriate or otherwise in the best interests of DEP. Failure to acknowledge receipt of amendments, in accordance with the instructions contained in the amendments, may result in a proposal not being considered. F. The Proposer must certify that the personnel identified in its response to this RFP will be the persons actually assigned to the project. Any additions, deletions or changes in personnel assigned to the project must be approved by DEP or its designee, with the exception of personnel who have terminated employment. Replacements for personnel who have terminated employment are subject to approval by DEP or its designee. At its discretion, DEP may require the removal and replacement of any of the Proposer's personnel who do not perform adequately on the project, regardless of whether they were previously approved by DEP. G. Any costs and expenses incurred by Proposers in preparing or submitting proposals are the sole responsibility of the Proposer. H. A Proposer must be prepared to present evidence of experience, ability, service facilities, and financial condition necessary to satisfactorily meet the requirements set forth or implied in the proposal. I. No additions or changes to the original proposal will be allowed after submission. While changes are not permitted, clarification of proposals may be required by DEP at the Proposer’s sole cost and expense. J. In some cases, Proposers may be asked to give demonstrations, interviews, presentations or further explanation to the RFP’s Screening Committee. K. The Proposer represents and warrants that the proposal is not made in connection with any other Proposer and is in all respects fair and without collusion or fraud. The Proposer further represents and warrants that the Proposer did not participate in any part of the RFP development process, had no knowledge of the specific contents of the RFP prior to its issuance, and that no agent, representative or employee of DEP participated directly in the Proposer’s proposal preparation. L. All responses to the RFP must conform to instruction. Failure to include required signatures, provide the required number of copies, meet deadlines, answer all questions, follow the required format, or failure to comply with any other requirements of this RFP may be considered appropriate cause for rejection of the response. M. The Proposer must accept DEP’s standard contract language and conditions. (See sample of standard contract and conditions attached.) N. The contract will represent the entire agreement between the Proposer and DEP and will supersede all prior negotiations, representations or agreements, alleged or made, between the parties. DEP or the State shall assume no liability for payment of services under the terms of the contract until the successful Proposer is notified that the contract has been accepted and approved by DEP and by the AG’s Office. The contract may be amended only by means of a written instrument signed by DEP, the Proposer, and the AG’s Office. Page 8 of 10
  9. 9. O. Rights Reserved to DEP The DEP reserves the right to award in part, to reject any and all proposals in whole or in part for misrepresentation or if the Proposer is in default of any prior State contract, or if the proposal limits or modifies any of the terms and conditions and/or specifications of the RFP. The DEP also reserves the right to waive technical defect, irregularities and omissions if, in its judgment, the best interest of DEP will be served. DEP reserves the right to correct inaccurate awards resulting from its clerical errors. This may include, in extreme circumstances, revoking the awarding of a contract already made to a Proposer and subsequently awarding the contract to another Proposer. Such action on the part of DEP shall not constitute a breach of contract on the part of DEP since the contract with the initial Proposer is deemed to be void ab initio and of no effect as if no contract ever existed between DEP and the Proposer. 10. Agency’s Standard Contract and Conditions and State’s Contract Compliance Requirements See the attached Sample Concession Contract for standard contract conditions 11. Park Descriptions A. Lake Waramaug State Park, Kent 1. Activities Swimming Lake fishing Car top boating Canoe and kayak rental Picnicking Camping o The campground has 77 rustic sites with toilets and showers. o The campground is open from the weekend before Memorial Day Weekend through September 30. o The concessionaire should sell ice, and may sell other camping and fishing related supplies (i.e. firewood, groceries, insect repellent, bait, etc.) and small equipment (i.e. ground pads but not sleeping bags, ground cloths but not tents, mantles but not lanterns, fish hooks and line but not rods and reels, etc.). 2. Attendance in 2008 was 80,659 day use visitors and 14,948 overnight campers. 3. The park hosts several rowing regattas on weekends in early May that draw thousands of school age competitors, and hundreds of spectators of all ages. 4. Gross receipts for a food and beverage concession were $18,771 in 2007, and $18,055 in 2008. 5. The concession building is 900 square feet and was constructed in 1974. It has an assessed value of $53,398. The building is equipped with a hot water heater, fire suppression system, exhaust hood, and sink. All additional equipment needed to operate the concession will be supplied by the concessionaire. The concessionaire is responsible for having electricity turned on and shut off, and for cleaning and degreasing the building at the end of the season. Page 9 of 10
  10. 10. B. Quaddick State Park, Thompson 1. Activities Swimming Lake fishing Boat launch Picnicking Field sports 2. Attendance in 2008 was 43,000 day use visitors. 3. Gross receipts for a food and beverage concession ranged from approximately $4,000 to $12,000 between the 1980's and 2004. 4. The concession building is 276 square feet. It has an assessed value of $8,778. The building is equipped with a hot water heater, fire suppression system, exhaust hood, and sink. All additional equipment needed to operate the concession will be supplied by the concessionaire. The concessionaire is responsible for having the electricity turned on and shut off, and for cleaning and degreasing the building at the end of the season. For more information on the parks described above, please visit: www.ct.gov/dep/stateparks Page 10 of 10
  11. 11. LETTER OF INTENT TO SUBMIT A PROPOSAL State of Connecticut Department of Environmental Protection RFP for _________________________ State Park Return to: Ms. Patricia Downes Department of Environmental Protection Bureau of Outdoor Recreation 79 Elm Street Hartford, CT 06106-5127 860-424-3504 (Phone) 860-424-4070 (FAX) Return Deadline: 4:00 P.M., March 6, 2009 The individual, firm or corporation below intends to submit a proposal in response to the above referenced RFP. Note: This letter is a non-binding expression of interest and does not obligate the sender to submit a proposal. The individual, firm or corporation below has reviewed and, if selected, accepts the agency’s standard contract and conditions (provided in the RFP) in their entirety and without amendment. Name: Mailing Address: Contact Person: Telephone: FAX: E-mail: Signature Title Date Page 1 of 1
  12. 12. STATE OF CONNECTICUT DEPARTMENT OF ENVIRONMENTAL PROTECTION BUREAU OF OUTDOOR RECREATION STATE PARK CONCESSION CONTRACT SAMPLE This AGREEMENT, made this ____ day of _______ 2009, by and between the STATE OF CONNECTICUT, DEPARTMENT OF ENVIRONMENTAL PROTECTION, hereinafter referred to as the "State” or “DEP”, and John Doe, of the Town of Hartford, in the County of Hartford, and the State of Connecticut hereinafter referred to as the “Concessionaire” or “Contractor”. WITNESSETH: WHEREAS, the DEP pursuant to Conn. Gen. Stat. 23-26, has the authority to enter into contractual relations with persons for the maintenance of concessions and other sources of revenue to be derived from services to the general public using state parks; and, WHEREAS, the Concessionaire desires to operate the concessions and render services to the public at: VARIOUS STATE PARKS NOW, THEREFORE, it is hereby agreed as follows: 1. Duration. The DEP hereby grants to the Concessionaire the exclusive right to operate a food and beverage concession at the above mentioned State Park, located in the Town of _________, County of _________, State of Connecticut, from the execution of this contract through September 30, 2011. The DEP, in its sole discretion, may renew this contract for one 2-year period under the same terms and conditions as outlined in this contract. 2. Payment. In consideration of said right and privileges, the Concessionaire agrees to pay the sum of $__________, annually, payable in the amount of $__________ (50%) at the execution of this contract, and $__________ (50%) on or before July 15, 2009. Beginning in 2010, the semi-annual payment of $__________ (50%) shall be made payable by May 15th and July 15th each year that this contract is in effect. If the annual sum is less than $1,000.00, the sum is due in full at the execution of the contract, and by May 15th of each subsequent year that the contract is in effect. All payments shall be made by check, draft, or money order, payable to: "Treasurer-State of Connecticut" and delivered or mailed to the Department of Environmental Protection, Accounts Receivable, 79 Elm Street, Hartford, Connecticut 06106-5127. 3. Attachment “A” hereto is incorporated herein by reference and all provisions thereof shall be binding upon the parties. 4. Non-Discrimination. The following subsections are set forth here as required by section 4a-60 of the Connecticut General Statutes as amended by PA 07-142: (a) Every contract to which the state or any political subdivision of the state other than a municipality is a party shall contain the following provisions: (1) The contractor agrees and warrants that in the performance of the contract such contractor will not discriminate or permit discrimination against any person or group of persons on the grounds of race, color, religious creed, age, marital status, national origin, ancestry, sex, mental retardation or physical disability, including, but not limited to, blindness, unless it is shown by such contractor that such disability prevents performance of the work involved, in any manner prohibited by the laws of the Page 1 of 10
  13. 13. United States or of the state of Connecticut. The contractor further agrees to take affirmative action to insure that applicants with job-related qualifications are employed and that employees are treated when employed without regard to their race, color, religious creed, age, marital status, national origin, ancestry, sex, mental retardation, or physical disability, including, but not limited to, blindness, unless it is shown by such contractor that such disability prevents performance of the work involved; (2) the contractor agrees, in all solicitations or advertisements for employees placed by or on behalf of the contractor, to state that it is an "affirmative action-equal opportunity employer" in accordance with regulations adopted by the commission; (3) the contractor agrees to provide each labor union or representative of workers with which such contractor has a collective bargaining agreement or other contract or understanding and each vendor with which such contractor has a contract or understanding, a notice to be provided by the commission advising the labor union or workers' representative of the contractor's commitments under this section, and to post copies of the notice in conspicuous places available to employees and applicants for employment; (4) the contractor agrees to comply with each provision of this section and sections 46a-68e and 46a-68f and with each regulation or relevant order issued by said commission pursuant to sections 46a-56, as amended by this act, 46a-68e and 46a-68f; (5) the contractor agrees to provide the Commission on Human Rights and Opportunities with such information requested by the commission, and permit access to pertinent books, records and accounts, concerning the employment practices and procedures of the contractor as relate to the provisions of this section and section 46a-56, as amended by this act. If the contract is a public works contract, the contractor agrees and warrants that he will make good faith efforts to employ minority business enterprises as subcontractors and suppliers of materials on such public works project. Prior to entering into the contract, the contractor shall provide the state or such political subdivision of the state with documentation in the form of a company or corporate policy adopted by resolution of the board of directors, shareholders, managers, members or other governing body of such contractor to support the nondiscrimination agreement and warranty under subdivision (1) of this subsection. For the purposes of this section, "contract" includes any extension or modification of the contract, and "contractor" includes any successors or assigns of the contractor. (b) For the purposes of this section, "minority business enterprise" means any small contractor or supplier of materials fifty-one per cent or more of the capital stock, if any, or assets of which is owned by a person or persons: (1) Who are active in the daily affairs of the enterprise, (2) who have the power to direct the management and policies of the enterprise and (3) who are members of a minority, as such term is defined in subsection (a) of section 32-9n; and "good faith" means that degree of diligence which a reasonable person would exercise in the performance of legal duties and obligations. "Good faith efforts" shall include, but not be limited to, those reasonable initial efforts necessary to comply with statutory or regulatory requirements and additional or substituted efforts when it is determined that such initial efforts will not be sufficient to comply with such requirements. (c) Determination of the contractor's good faith efforts shall include but shall not be limited to the following factors: The contractor's employment and subcontracting policies, patterns and practices; affirmative advertising, recruitment and training; technical assistance activities and such other reasonable activities or efforts as the commission may prescribe that are designed to ensure the participation of minority business enterprises in public works projects. (d) The contractor shall develop and maintain adequate documentation, in a manner prescribed by the commission, of its good faith efforts. (e) The contractor shall include the provisions of subsection (a) of this section in every subcontract or purchase order entered into in order to fulfill any obligation of a contract with the state and such provisions shall be binding on a subcontractor, vendor or manufacturer unless exempted by regulations or orders of the commission. The contractor shall take such action with respect to any such subcontract or purchase order as the commission may direct as a means of enforcing such provisions including sanctions for noncompliance in accordance with section 46a-56; provided, if such contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the commission, the contractor may request the state of Connecticut to enter into any such litigation or negotiation prior thereto to protect the interests of the state and the state may so enter. Page 2 of 10
  14. 14. The following subsections are set forth here as required by section 4a-60a of the Connecticut General Statutes as amended by PA 07-142: (a) Every contract to which the state or any political subdivision of the state other than a municipality is a party shall contain the following provisions: (1) The contractor agrees and warrants that in the performance of the contract such contractor will not discriminate or permit discrimination against any person or group of persons on the grounds of sexual orientation, in any manner prohibited by the laws of the United States or of the state of Connecticut, and that employees are treated when employed without regard to their sexual orientation; (2) the contractor agrees to provide each labor union or representative of workers with which such contractor has a collective bargaining agreement or other contract or understanding and each vendor with which such contractor has a contract or understanding, a notice to be provided by the Commission on Human Rights and Opportunities advising the labor union or workers' representative of the contractor's commitments under this section, and to post copies of the notice in conspicuous places available to employees and applicants for employment; (3) the contractor agrees to comply with each provision of this section and with each regulation or relevant order issued by said commission pursuant to section 46a-56, as amended by this act; (4) the contractor agrees to provide the Commission on Human Rights and Opportunities with such information requested by the commission, and permit access to pertinent books, records and accounts, concerning the employment practices and procedures of the contractor which relate to the provisions of this section and section 46a-56, as amended by this act. Prior to entering into the contract, the contractor shall provide the state or such political subdivision of the state with documentation in the form of a company or corporate policy adopted by resolution of the board of directors, shareholders, managers, members or other governing body of such contractor to support the nondiscrimination agreement and warranty under subdivision (1) of this subsection. For the purposes of this section, "contract" includes any extension or modification of the contract, and "contractor" includes any successors or assigns of the contractor. (b) The contractor shall include the provisions of subsection (a) of this section in every subcontract or purchase order entered into in order to fulfill any obligation of a contract with the state and such provisions shall be binding on a subcontractor, vendor or manufacturer unless exempted by regulations or orders of the commission. The contractor shall take such action with respect to any such subcontract or purchase order as the commission may direct as a means of enforcing such provisions including sanctions for noncompliance in accordance with section 46a-56; provided, if such contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the commission, the contractor may request the state of Connecticut to enter into any such litigation or negotiation prior thereto to protect the interests of the state and the state may so enter. 5. Executive Orders. The Contract is subject to the provisions of Executive Order No. Three of Governor Thomas J. Meskill, promulgated June 16, 1971, concerning labor employment practices, Executive Order No. Seventeen of Governor Thomas J. Meskill, promulgated February 15, 1973, concerning the listing of employment openings and Executive Order No. Sixteen of Governor John G. Rowland promulgated August 4, 1999, concerning violence in the workplace, all of which are incorporated into and are made a part of the Contract as if they had been fully set forth in it. At the Contractor’s request, the Client Agency shall provide a copy of these orders to the Contractor. The Contract may also be subject to Executive Order No. 7C of Governor M. Jodi Rell, promulgated July 13, 2006, concerning contracting reforms and Executive Order No. 14 of Governor M. Jodi Rell, promulgated April 17, 2006, concerning procurement of cleaning products and services, in accordance with their respective terms and conditions. 6. Clarifications. In case of conflicts, discrepancies, errors, or omissions among the various parts of this contract, any such matter shall be submitted immediately by Contractor to the State for clarification. The State shall issue clarification within a reasonable period of time. Any services affected by such conflicts, discrepancies, errors, or omissions which are performed by Contractor prior to clarification by the State shall be at Contractor’s risk. 7. Indemnification. (a) The Contractor shall indemnify, defend and hold harmless the State and its officers, representatives, agents, servants, employees, successors and assigns from and against any and all (1) Claims arising, directly or indirectly, in connection with the Contract, including the acts of commission or omission Page 3 of 10
  15. 15. (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 Contractor’s obligations under this section to indemnify, defend and hold harmless against Claims includes Claims concerning confidentiality of any part of or all of the Bid or any Records, any intellectual property rights, other proprietary rights of any person or entity, copyrighted or uncopyrighted compositions, secret processes, patented or unpatented inventions, articles or appliances furnished or used in the Performance of the Contract. (b) The Contractor shall reimburse the State for any and all damages to the real or personal property of the State caused by the Acts of the Contractor or any Contractor Parties. The State shall give the Contractor reasonable notice of any such Claims. (c) The Contractor’s 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 and/or where the State is alleged or is found to have contributed to the Acts giving rise to the Claims. (d) The Contractor shall carry and maintain at all times during the term of the Contract, and during the time that any provisions survive the term of the Contract, sufficient general liability insurance to satisfy its obligations under this Contract. The Contractor shall name the State as an additional insured on the policy and shall provide a copy of the policy to the Agency prior to the effective date of the Contract. The Contractor shall not begin Performance until the delivery of the policy to the Agency. (e) The rights provided in this section for the benefit of the State shall encompass the recovery of attorneys’ and other professionals’ fees expended in pursuing a Claim against a third party. (f) This section shall survive the Termination, Cancellation or Expiration of the Contract, and shall not be limited by reason of any insurance coverage. 8. Amendments. Formal written amendment of the contract is required for changes to the final date of the contract period and to terms and conditions specifically stated in the original contract and any prior amendments, including but not limited to: a. The contract’s objectives, services or plan; b. Completion of objectives or services, and c. Any other contract revisions determined material by the DEP. 9. Change in Principal Project Staff. Any changes in the principal project staff must be requested in writing and approved in writing by the Commissioner or the Commissioner’s authorized representative at their sole discretion. In the event of any unapproved change in principal project staff, the DEP may, in its sole discretion, terminate or cancel this contract. 10. Assignability. The Contractor shall not assign any interest in this contract, and shall not transfer any interest in the same (whether by assignment or novation), without the prior written consent of the DEP thereto: provided, however, that claims for money due or to become due the Contractor from the DEP under this contract may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any assignment or transfer shall be furnished promptly to the DEP. 11. Definition of “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 exceeding three thousand dollars ($3,000.00), by the authorized representative of the state Attorney General’s Office. 12. Sovereign Immunity: The parties acknowledge and agree that nothing in the Solicitation or the Contract shall be construed as a modification, compromise or waiver by the State of any rights or defenses of any immunities provided by Federal Law or the laws of the State of Connecticut to the State or any of its officers, Page 4 of 10
  16. 16. employees, which may have had, now have or will have with respect to all matters arising out of the Contract. To the extent that this section conflicts with any other section, this section shall govern. 13. Cancellation/Termination: The DEP may cancel this contract for cause on five (5) days’ notice. A request for termination of this contract by the Concessionaire or Contractor for a just cause will require approval by the DEP. Any cancellation or request for cancellation of this contract shall be submitted in writing and sent by certified mail to: DEP Concessionaire Bureau of Outdoor Recreation Mr. John Doe Division of State Parks and Public Outreach 123 ABC Drive 79 Elm Street Hartford, CT 06000 Hartford, CT 06106-5127 Notwithstanding any provisions in this contract, DEP, through a duly authorized employee, may terminate the contract whenever the agency makes a written determination that such termination is in the best interests of the State. If the DEP cancels this contract for causes listed below, or if the Concessionaire terminates this contract prior to the end of its full term without the consent of the State Parks Division, the Concessionaire shall forfeit his/her rights to bid on future concessions under the control of the State Parks Division and any prior payments received by the State of Connecticut. a. Failure by the Concessionaire to make annual payment during any time the contract is in force shall be considered cause for cancellation by the DEP. b. Any violations of the State Labor Department, including but not limited to the employment of underage persons, is considered just cause for cancellation by the DEP. c. Any violation of the Code of Conduct (Provision #19 of Attachment A) by the Concessionaire, or any employee of the Concessionaire, is considered cause for cancellation of this contract at the discretion of the DEP. 14. Forum and Choice of Law: The Contract shall be deemed to have been made in the City of Hartford, State of Connecticut. Both Parties agree that it is fair and reasonable for the validity and construction of the Contract to be, and it shall be, governed by the laws and court decisions of the State of Connecticut, without giving effect to its principles of conflicts of law. To the extent that any immunities provided by federal law or the laws of the State of Connecticut do not bar an action against the State and to the extent that these courts are courts of competent jurisdiction, for the purpose of venue, the complaint shall be made returnable to the Judicial District of Hartford only or shall be brought in the United States District Court for the District of Connecticut only, and shall not be transferred to any other court, provided, however, that nothing here constitutes a waiver or compromise of the sovereign immunity of the State of Connecticut. The Contractor waives any objection which Page 5 of 10
  17. 17. it may now have or will have to the laying of venue of any Claims in any forum and further irrevocably submits to such jurisdiction in any suit, action or proceeding. 15. Severability: If any term or provision of the Contract or its application to any person, entity or circumstance shall, to any extent, be held to be invalid or unenforceable, the remainder of the Contract or the application of such term or provision shall not be affected as to persons, entities or circumstances other than those as to whom or to which it is held to be invalid or unenforceable. Each remaining term and provision of the Contract shall be valid and enforced to the fullest extent possible by law. 16. Nondisclosure: The Contactor shall not release any information concerning the services provided pursuant to the Agreement or any part thereof to any member of the public, press, business entity or any official body unless prior written consent is obtained from the State. The parties have hereunto set their hands. SIGNED AND DELIVERED below: STATE OF CONNECTICUT By: ____________________________(L.S.) Thomas M. Morrissey Chief, Bureau of Outdoor Recreation Department of Environmental Protection Date: __________________ By:____________________________ (L.S.) John Doe Concessionaire Date _________________ APPROVED AS TO FORM By ____________________________________ on ________________________ Assistant Attorney General Page 6 of 10
  18. 18. (VARIOUS STATE PARKS CONCESSION CONTRACT) “ATTACHMENT A” THE CONCESSIONAIRE AGREES TO THE FOLLOWING CONDITIONS: 1. Insurance: The Concessionaire shall furnish evidence of insurance. A Certificate of Insurance, covering the whole period of the Concession contract, shall reflect the following limits and shall be submitted by the awarded Concessionaire to the Department of Environmental Protection. Commercial General Liability insurance providing a total limit of $1,000,000 for all damages arising out of bodily injury to or death of all persons in any accident or occurrence and for all damages arising out of injury to or destruction of property in any one accident or occurrence. In cases where any insurance policy shows an aggregate limit, the aggregate limit shall not be less than $2,000,000. 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 $1,000,000 for all damages arising out of bodily injuries or death of all persons in any one accident or occurrence, for all damages arising out of injury or destruction of property in any one accident or occurrence. In cases where an insurance policy shows an aggregate limit the limit shall not be less than $2,000,000. The State of Connecticut shall be listed as an Additional Insured on all required coverage. Said coverage is to be provided by insurance companies licensed by the State of Connecticut. Any deductibles or self-insured retentions must be declared and approved by the State. With respect to all operations performed by the Concessionaire, the Concessionaire shall carry Worker’s Compensation insurance in accordance with the requirements of the laws of the State of Connecticut. 2. Item and Price List: The Concessionaire shall forward, by April 1 of each year of this agreement, a price list of all commodities and/or souvenirs for sale to the Department of Environmental Protection, Bureau of Outdoor Recreation, State Parks Division, 79 Elm Street, Hartford, CT 06106-5127, for approval for each subsequent year of the contract. Any price increases are subject to the prior written approval of the State Parks Division. The Concessionaire shall post a price list of all commodities for sale in full public view while in operation. The Concessionaire shall be allowed to sell souvenirs provided they are approved by the Division of State Parks and Public Outreach; however, if the park name is used on souvenirs or items of clothing, the complete park name shall be used; such as: “Various State Park”, not just “Various Park.” The Concessionaire warrants that all goods offered for sale shall not exceed in price nor be substandard in quality or quantity to like articles sold in the surrounding community. Page 7 of 10
  19. 19. 3. Sunscreen: All Concessionaire’s that operate a concession in a beach park, shall have available for sale to the general public, sunscreen with a Sun Protection Factor (SPF) of at least 15 for adults and SPF 45 for children. 4. Use of Biodegradable Products: The Department of Environmental Protection encourages the Concessionaire to use biodegradable products and packaging in its operations, i.e., paper products or products containing recycled contents only. 5. Non-Glass Containers: All liquids dispensed by the Concessionaire shall be in non-glass containers. 6. Prohibitions: The Concessionaire shall not sell flotation devices of any kind, beach balls, snorkels, facemasks or similar articles. The Concessionaire shall not sell, dispense or give away alcoholic beverages. The Concessionaire shall not permit gratuities to employees of the State of Connecticut. No video or pinball games shall be permitted. No vending machines shall be permitted. 7. Hours of Operation: The Concessionaire shall open the concession(s) every day no later than 10 a.m., except during inclement weather, and the concession shall remain open until three hours before, but not later than sunset, from the date the contract is executed through Labor Day weekend. For all remaining years of the contract after 2009, the concession shall be open from Memorial Day through Labor Day weekend. Exceptions to this schedule shall be established through joint agreement of the on-site Park Supervisor and the Concessionaire. When closing due to inclement weather, the on-site Park Supervisor must be notified. The Concessionaire shall keep a log, where the concession is located, of all early closures and shall submit a season-end report to the Park Supervisor at the close of the concession season, but no later than October 15th. 8. Health Department Inspections: The Concessionaire is responsible for scheduling inspections by the appropriate local health department at the beginning of concession operations and thereafter, annually prior to April 15th of each year this agreement is in effect. The Concessionaire is responsible for and shall directly pay for any fees charged for such inspections. THE CONCESSIONAIRE WILL BE RESPONSIBLE FOR OBTAINING AN ANNUAL PERMIT FROM THE LOCAL HEALTH DEPARTMENT FOR THE TOWN THAT THE RESPECTIVE PARK IS LOCATED. A CURRENT PERMIT WILL BE OBTAINED EACH YEAR THE CONTRACT IS IN FORCE AND MUST BE RECEIVED BY THE DEP, DIVISION OF STATE PARKS AND PUBLIC OUTREACH, 79 ELM STREET, HARTFORD, CT 06106-5127, PRIOR TO OPENING THE CONCESSION OPERATION. 9. Public Health Code: The Concessionaire agrees to conform to the Public Health Code of the State of Connecticut concerning the storage, handling and vending of food. 10. State-Owned Equipment: The Concessionaire shall be responsible for the use of all State-owned equipment and agrees to replace articles lost or damaged other than those damaged by usual wear resulting from concession use. 11. State Property: The Concessionaire shall install no fixed equipment nor make any physical changes to State property without the prior written approval of DEP. Any improvements and/or permanent fixtures approved by the DEP and provided by the Concessionaire during the contract term shall become the property of the State of Connecticut at the termination of this agreement. Page 8 of 10
  20. 20. 12. Utilities and Suppliers: For billing purposes with Concessionaires, utility companies and suppliers, the Concessionaire shall always use the name referred to as the “Concessionaire” or “Contractor”. At no time, shall the Concessionaire use the state park’s name and address for billing purposes. 13. Insect/Vermin Control: The Concessionaire is responsible for any insect and/or vermin control as determined by the local or state health departments or by the on-site Park Supervisor. 14. Refuse Disposal: The Concessionaire, at his/her own expense, shall be responsible for the disposal and removal of all recyclables and trash generated by said concession operation. 15. General Maintenance: The Concessionaire shall be responsible for maintaining in a clean, sanitary and orderly manner the general area of the State Park in which the Concession is located. DEP representatives or designees may inspect the Concession area at any time. 16. Exclusivity: The Concessionaire shall have the exclusive right to sell food within the park in which the Concessionaire is the Lessee, with the exception of foods or goods which have prior written approval for DEP sanctioned events where food and/or goods may be sold by the event sponsor or their authorized agents. 17. Rights of Park Visitors: The Concessionaire agrees that nothing contained in the terms of the Concession Contract shall prevent visitors from bringing their own food for their use to the park and cooking such food for themselves. Park visitors may also pre-arrange for private catering services on department properties with the approval of the on-site Park Supervisor. These services may be permitted with the condition that no financial transactions occur on-site. 18. On-Site Staffing: Whenever the concession is open for business, the Concessionaire must have present, an employee who is a qualified on-site manager. That manager must be knowledgeable in all aspects of operating the concession business. 19. Code of Conduct: Due to the public service nature of the Concession, the Concessionaire and all employees of the Concessionaire shall conduct themselves in a courteous, respectful and professional manner with all members of the public. 20. Appearance: The Concessionaire and his/her employees shall be clean and neat in appearance. Wearing an item of uniform, e.g., a shirt, hat or badge identifying the name of the Concessionaire, employee or business is encouraged. 21. Concession Location: The Concessionaire agrees, unless specifically authorized in writing by DEP to do otherwise, to confine all sales to the established concession building(s) and further to confine all advertising to the interior of said concession building(s). In the case of motor vehicle or better known “mobile” concessions, the Concessionaire will confine the advertising menu to a sign either affixed in the most notable area of the vehicle for the public to read or, with the Park Supervisor’s approval, a movable sign would be acceptable next to the mobile concession vehicle. 22. Food Inspection: An authorized representative of the DEP shall conduct an annual in-season food inspection. The Concessionaire shall provide a range of food and beverage items (which will constitute one free meal) to the DEP’s representative for food-tasting purposes. 23. Financial Reporting: By November 15th of each calendar year that this contract is in force, the Concessionaire shall submit a certified statement of annual gross receipts, attested to by a Notary Page 9 of 10
  21. 21. Public and/or a Commissioner of the Superior Court, to: Department of Environmental Protection, Bureau of Outdoor Recreation, State Parks Division, 79 Elm Street, Hartford, CT 06106-5127. 24. Revenue: DEP shall not assume responsibility for revenue loss directly or indirectly attributable to actions taken by the DEP resulting from weather or crowd conditions or acts of God. Neither shall DEP assume responsibility for revenue loss directly or indirectly attributable to attendance loss, weather conditions or other uncontrollable phenomena. 25. Compliance: The Concessionaire agrees to comply with the regulations of the Department of Environmental Protection regarding State Park and Forest Recreation Areas and with any other department policy concerning the operation of concessions. Page 10 of 10

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