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Commonwealth of Massachusetts

Department of Conservation and Recreation

Request for Proposals


Removable Food Concession Stand
Horseneck Beach State Reservation
Westport, Massachusetts

RFP # DCR 2011 389

Table of Contents
I. DESCRIPTION OF THE PREMISES & APPLICABLE INFORMATION ...................... 3
II. SUBMISSION REQUIREMENTS FOR PROPOSAL ....................................................... 5
A. MANDATES .................................................................................................................................... 5
B. DESCRIPTION OF ENTITY AND RELATED EXPERIENCE ..................................................... 6
C. DESCRIPTION OF SERVICES TO BE PROVIDED ..................................................................... 6
D. FINANCIAL AND BUDGET INFORMATION ............................................................................. 6
E. COMPENSATION TO THE COMMONWEALTH ........................................................................ 7
III. QUESTIONS DURING THE PROPOSAL PERIOD ......................................................... 7
IV. MANAGEMENT REQUIREMENTS - MANDATORY NONNEGOTIABLE TERMS
AND CONDITIONS ...................................................................................................................... 8
A. GENERAL MANDATORY TERMS AND CONDITIONS ............................................................ 8
B. PRODUCT PRICING ..................................................................................................................... 10
C. OPERATING SEASON AND HOURS OF OPERATION ............................................................ 10
D. SPECIAL EVENTS AND ACTIVITIES ....................................................................................... 10
E. EQUIPMENT MAINTENANCE AND REPAIRS ........................................................................ 10
F. CONSTRUCTION .......................................................................................................................... 11
G. LAND MARKERS AND MONUMENTS ..................................................................................... 11
H. USE OF PESTICIDES AND OTHER HAZARDOUS SUBSTANCES ........................................ 11
I. MARKETING AND ADVERTISING ........................................................................................... 11
J. SIGNAGE AND POSTING............................................................................................................ 12
K. PERMIT ISSUANCE ..................................................................................................................... 12
L. PERMIT COMPLIANCE AND PERFORMANCE ....................................................................... 12

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M. TERM ......................................................................................................................................... 12
N. INDEMNIFICATION OF THE DCR AND COMMONWEALTH ............................................... 12
O. RISK OF LOSS............................................................................................................................... 13
P. RISK OF OPERATION .................................................................................................................. 13
Q. INSURANCE REQUIREMENTS .................................................................................................. 13
R. WAIVER......................................................................................................................................... 14
S. FORCE MAJEURE ........................................................................................................................ 14
T. SEVERABILITY ............................................................................................................................ 14
U. MODIFICATIONS OR AMENDMENTS ..................................................................................... 14
V. REPORTING AND TAXES ........................................................................................................... 14
W. HAZARDS .................................................................................................................................. 14
X. PERMITTEE IS CONSIDERED A LICENSEE ............................................................................ 15
Y. ASSIGNMENT AND SUBLETTING............................................................................................ 15
Z. TERMINATION ............................................................................................................................. 15
AA. NON-DISCRIMINATION ......................................................................................................... 16
V. EVALUATION CRITERIA .............................................................................................. 16
VI. RULE FOR AWARD ........................................................................................................ 19
VII. SUBMISSION INFORMATION ...................................................................................... 20
VIII. PRESENTATIONS AND INTERVIEWS ..................................................................... 20

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The Massachusetts Department of Conservation and Recreation (hereinafter “DCR”), in
accordance with G. L. c. 132A §7; rules and regulations promulgated thereunder, including 304
Code Mass. Regs. §12.12; and all other powers enabling, is seeking proposals from qualified
individuals, corporations or business entities, whether for-profit or non-profit (hereinafter
“Proposer” or “Permittee”) to provide, operate, manage, and maintain a removable food
concession stand at Horseneck Beach State Reservation located at Route 88, Westport,
Massachusetts.

The successful Permittee will, at a minimum, provide an organized, accountable, efficient, safe,
clean and professionally staffed and maintained removable food concession stand operation for
the general public.

The DCR reserves the exclusive right to reject any and all bid submissions.

I. DESCRIPTION OF THE PREMISES & APPLICABLE


INFORMATION

There is no existing concession, facility or structure on the site.

A removable food concession stand shall be provided by the Permittee


at its sole cost and expense.
Horseneck Beach is the eighth largest barrier beach system (of 681) in the state and is one of the
most highly visited DCR ocean beach facilities. Horseneck Beach State Reservation contains
over 560 acres of barrier beach ecosystem. This facility has a large day-use population and
attendance records are as follows:

2008 455,000 visitors


2009 282,000 visitors
2010 340,000 visitors

Over the last few decades, Horseneck Beach State Reservation has undergone a complete
transformation. Because of heightened awareness of the value of natural sand dunes, the old
maintenance practices were abandoned and sand dunes were established and nurtured. In
addition, the 50+ year old concrete and steel buildings, located in primary dune locations,
became obsolete. A planning process was undertaken and a new Beach Services Building and
new composting toilet building were erected with acceptable guidelines for construction within a
velocity zone. The final phase of the plan is to vacate and redesign the old concession stand into
a shade shelter.

The removable food concession stand operation shall be located on the west side of the new
Beach Services Building which is located in the main beach plaza and is approximately 150 feet
behind the old concession stand/shade shelter (hereinafter the “Premises”).

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The Permittee shall ensure that the removable food concession stand meets the following
requirements:

1. the removable food concession stand and associated equipment shall be removed
entirely from the Premises between October 1st and May 1st each year;
2. the removable food concession stand shall be accessible, in accordance with
Americans with Disabilities Act guidelines;
3. the removable food concession stand shall match the façade and have architectural
similarities to the new Beach Services Building;
4. the removable food concession stand operation shall provide a minimum of twelve
(12) picnic tables and umbrellas or similar facilities to provide sufficient seating for
patrons visiting the concession; and
5. the Permittee shall provide a viable alternative to cash-only transactions.

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This picture is of the existing Beach Services Building and is only provided to demonstrate the façade and architecture required
for the removable food concession stand to be provided by the Permittee. The Permittee will not be able to access or utilize the
Beach Services Building or any other DCR buildings.

The DCR will provide electric, sewer and water hook-ups for the removable food concession
stand operation. The electrical service will be a 50 amp service provided via a temporary
electrical stand, including a meter unit and overhead connection line. The Permittee shall be
responsible for all costs associated with the amount of metered electricity utilized for the
removable food concession stand. For sewerage, the Permittee shall supply a septic line with a
closed system of hoses connecting to the existing septic manhole. The Permittee shall provide a
retrofit connection for the sewage manhole and in line grease trap approved by the local Board of
Health. Finally, the Permittee shall provide a 1 ½ inch faucet/threaded spigot suitable for potable
water connection. The spigot shall have a lockable service along with an acceptable backflow
also approved by the local Board of Health.

II. SUBMISSION REQUIREMENTS FOR PROPOSAL


All proposals shall be in writing, in a legible format and shall present in clear and sufficient
detail the following: “Mandates” must be remitted and all four (4) subsequent sections
(Description of Entity and Related Experience; Description of Services to be Provided; Financial
and Budget Information; and Compensation to the Commonwealth) should be included in each
proposal.

A. MANDATES

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Failure to submit the following three (3) mandates will result in DCR’s immediate and automatic
rejection of a proposal.

1. Official 2011 Certificate of Tax Compliance from the Department of Revenue


(https://wfb.dor.state.ma.us/webfile/certificate/public/webforms/AppInfo.aspx);
2. Completed and signed Version 2009 Commonwealth W-9 Form
(http://www.mass.gov/Aosc/docs/Forms/VendorCustomer/newMass_W9.pdf); and
3. A letter from an insurance company or properly licensed broker, duly licensed to conduct
business within the Commonwealth, specifying that the Proposer is qualified to meet and
obtain the insurance requirements specified herein.

The Proposer should include all of the following sections (B., C., D. and E.) to maximize the
total number of points received; however, these sections are not mandatory and will not result in
the immediate and automatic rejection of a proposal if not included.

B. DESCRIPTION OF ENTITY AND RELATED EXPERIENCE

1. A list of the names and addresses of all principals who have more than a one percent
(1%) financial interest in the business entity.
2. A description and history of the related experience of the entity and of the principal
parties.
a. Resumes of the principals.
b. Two (2) written business references from past clients or entities for which similar
services have been provided (contact names, addresses and phone numbers). Said
references must be qualified and competent as well as responsible and responsive.
3. A list and comprehensive explanation of all job descriptions for all anticipated operating
personnel and staff members.
4. An “organizational chart” detailing the “chain of command” and the operating personnel
and staff members.

C. DESCRIPTION OF SERVICES TO BE PROVIDED

1. A written description of the services to be offered including a majority of healthy choice


food product lines menus, and price lists.
2. A written description of the overall vision of the concession and how it will enhance the
visitors’ experience as well as sketches, diagrams or other graphic representation.
3. Drawings or pictures of the removable food concession stand depicting a façade matching
the Beach Services Building.
4. An operating schedule, including the hours, days, weeks and months of operation,
satisfying at least the minimum-operating schedule described herein.
5. A detailed, comprehensive and auditable cash management plan.

D. FINANCIAL AND BUDGET INFORMATION

1. Proposed budget, including operating costs (including but not limited to itemization of
costs for expenses, labor and materials).

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2. Financial statements for 2008 and 2009, including profit and loss statements, balance
sheets and cash flows, signed under the pains and penalties of perjury and copies of
signed and filed federal and state tax returns for 2008 and 2009.
3. Written documentation evidencing positive and timely payment history from contractual
relationships for the previous five (5) calendar years. Said written evidence must be from
a qualified and competent payee as well as a responsible and responsive payee.

E. COMPENSATION TO THE COMMONWEALTH

1. Proposals must meet or exceed five hundred dollars ($500.00) for each operating year.
2. Proposals that do not meet said minimum bid amount will automatically be disqualified
and rejected.
3. Upon issuance of an Award Notice the successful Proposer shall remit a five hundred
dollar ($500.00) non-refundable deposit, to be credited toward the 2011 operating season.
4. The remaining balance, and subsequent annual payments, shall be paid in four equal
installments, no later than the last day of May, June, July and August each operating year.
5. Payment may only be made by using a money order, cashier’s check or certified bank
check and shall be made payable exclusively to the “Commonwealth of Massachusetts.”
Payments shall be sent directly to: Department of Conservation and Recreation, Finance
Department, 251 Causeway Street, Suite 600, Boston, MA 02114, Attn: John DiSilvestro.
6. Payments shall include a notation specifying: “Horseneck Beach State Reservation food
concession” and shall specify the Permittee’s name and complete contact information.
7. Non-payment is a material breach and may be grounds for immediate suspension or
termination.

III. QUESTIONS DURING THE PROPOSAL PERIOD


Written and email questions must be received by 5:00 p.m. Tuesday, April 5, 2011, using the
following information:

Department of Conservation and Recreation


Ms. Susan Milano
251 Causeway Street, Suite 600
Boston, Massachusetts 02114
(617) 626-1481
Susan.Milano@state.ma.us

Inquiries not received by said deadline will not be answered.

To ensure public notice to all prospective Proposers, DCR staff will reply to inquiries that
require “interpretation” on http://www.comm-pass.com/. These questions and answers will be
posted on or before Friday, April 8, 2011. Inquiries not subject to “interpretation” may be
answered verbally or by email. Any verbal interpretations provided by DCR staff will not be
legally binding.

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IV. MANAGEMENT REQUIREMENTS - MANDATORY
NONNEGOTIABLE TERMS AND CONDITIONS
A. GENERAL MANDATORY TERMS AND CONDITIONS

1. The Permittee shall comply with all applicable federal, state, and local laws and shall
cause its employees, agents, contractors, or similar to do the same.
2. The Permittee shall file for and obtain all applicable federal, state and local permits,
licenses and certificates.
3. The Permittee shall take immediate action to cure any violations of an applicable rule,
regulation or statute if the Permittee is notified by any authorized regulatory agency or
body. The DCR may suspend the operations and/or terminate if the Permittee fails to
take prompt remedial measures.
4. All provisions contained within this RFP shall be performed and conducted at the sole
and exclusive expense of the Permittee and to the satisfaction of the DCR.
5. The Permittee shall comply with all requirements, requests and directions of the DCR at
all times and also during emergency situations.
6. The Permittee shall provide verbal notice to DCR within twenty-four (24) hours of any
incident involving injury to persons or property. The Permittee shall provide a
comprehensive and detailed written account of the particular incident within five (5)
calendar days including, at a minimum, the affected individual names, addresses, phone
numbers, ages; a thorough description of the incident; actions taken and remedies
provided and details of and by the first responders.
7. The Permittee shall develop an accident reporting system and shall ensure that all
employees understand and comply with said system. The Permittee shall make and
preserve records of all accidents, emergencies and administration of medical aid at the
Premises.
8. The Permittee shall maintain the Premises in good condition at all times, both interior and
exterior.
9. The Permittee shall provide affordable, high-quality food including a majority of healthy
food and beverage items. DCR is committed to ensuring that the public is provided
healthy food and beverage alternatives.
10. The Permittee shall ensure that all food served to the public is 100.00% trans fat free.
11. All items offered for sale by the Permittee are subject to review by the DCR and shall be
appropriate for the beach environment.
12. The Permittee may modify the menu set forth in the Permittee’s proposal only if mutually
agreed upon by the DCR and the Permittee.
13. The Permittee shall ensure that all serving products are environmentally compatible and
biodegradable.
14. The Permittee shall not serve or sell items which cause undue litter.
15. The Permittee shall ensure that serving counters are not used for the open display of food
or other products and shall be kept clear except for condiments.
16. The Permittee shall ensure that the removable food concession stand meets the following
requirements:
A. the removable food concession stand and associated equipment shall be removed
entirely from the Premises between October 1st and May 1st each year;

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B. the removable food concession stand shall be accessible, in accordance with
Americans with Disabilities Act guidelines;
C. the removable food concession stand shall match the façade and have
architectural similarities to the new Beach Services Building;
D. the removable food concession stand operation shall provide a minimum of
twelve (12) picnic tables and umbrellas or similar facilities to provide sufficient
seating for patrons visiting the concession; and
E. the Permittee shall provide a viable alternative to cash-only transactions.
17. The DCR will provide electric, sewer and water hook-ups for the removable food
concession stand operation. The electrical service will be a 50 amp service provided via
a temporary electrical stand, including a meter unit and overhead connection line. The
Permittee shall be responsible for all costs associated with the amount of metered
electricity utilized for the removable food concession stand. For sewerage, the Permittee
shall supply a septic line with a closed system of hoses connecting to the existing septic
manhole. The Permittee shall provide a retrofit connection for the sewage manhole and
in line grease trap approved by the local Board of Health. Finally, the Permittee shall
provide a 1 ½ inch faucet/threaded spigot suitable for potable water connection. The
spigot shall have a lockable service along with an acceptable backflow also approved by
the local Board of Health.
18. The Permittee shall be solely responsible for all costs of any utility used or consumed in
connection with the operation of the Premises.
19. The Permittee shall not utilize public address systems or amplified sounds.
20. The DCR has final approval of any music used on the Premises.
21. The Permittee shall not place amusement machines of any type on the Premises unless
the DCR pre-approves in writing.
22. The Permittee shall not place vending machines on the Premises unless the DCR pre-
approves in writing.
23. The Permittee shall ensure its employees wear identifiable uniforms with conspicuously
displayed accurate nametags on their upper body. All Permittee employees shall wear
proper, professional-looking attire.
24. The Permittee shall provide a sufficient number of competent employees to provide
efficient and professional service to the public.
25. The Permittee’s employees shall be able to communicate clearly and effectively with the
public.
26. The Permittee’s employees shall have current legal status to work within the United
States of America.
27. The Permittee shall be solely responsible for picking up and properly disposing of all
litter, debris, rubbish, or similar within the Premises to an authorized disposal area, other
than a DCR receptacle. The Permittee shall be solely responsible for providing, installing
and replacing, suitable trash bag liners for each DCR barrel located at the Premises.
28. The DCR shall have the exclusive right to object, with just reason, to the character of
service or any particular scope of the deliverance and any objectionable condition. If said
objection occurs, the Permittee must discontinue the practice or remedy the matter
immediately but not to exceed forty-eight (48) hours after notification. The matter must
be remedied to the satisfaction of the DCR.

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29. The DCR prohibits the sale, possession, use, display or advertisement of alcoholic
beverages on the Premises.
30. The DCR prohibits the sale, distribution, display or advertisement of cigarettes and other
tobacco related products, lottery games, tickets or machines or any other service or
business, other than that authorized herein on the Premises.
31. The Commonwealth, its agents and employees shall be provided full and unrestricted
access to the Premises.
32. The Permittee shall provide lock combinations and keys to the DCR Park Supervisor.
33. All proposals shall be deemed to be made with full knowledge and understanding of the
existing facility condition.
34. The DCR may temporarily suspend operations if the Permittee is noncompliant with any
provision within this entire document.

B. PRODUCT PRICING

1. All items offered for sale shall be reasonably priced in accordance with those offered
throughout the Commonwealth.
2. The DCR hereby reserves the right to establish maximum prices.

C. OPERATING SEASON AND HOURS OF OPERATION

1. The minimum operating season commences on the Saturday prior to Memorial Day
weekend and continues through the Sunday subsequent to Labor Day weekend each year,
weather-permitting.
2. The DCR may entertain proposals to extend the minimum operating season if an
extension is in the best interests of the DCR and the public.
3. The Permittee shall service the public seven (7) days per week from 10:00 a.m. through
6:00 p.m., at a minimum.
4. The Permittee may only access the Premises one (1) week prior to the commencement of
the operating season.
5. The Permittee shall entirely remove the food concession stand and associated equipment
from the Premises between October 1st and May 1st each year.

D. SPECIAL EVENTS AND ACTIVITIES

1. The DCR may schedule special events on or adjacent to the Premises sponsored by third
parties. The DCR reserves the exclusive right to temporarily authorize other vendors,
samplers, confectioners, or similar, to distribute food, beverages or goods during special
events.
2. The Permittee may operate, subject to DCR approval, during such special events.

E. EQUIPMENT MAINTENANCE AND REPAIRS

1. The Permittee shall maintain all items placed or located on the Premises in good operable
condition.
2. The Permittee shall test and maintain all equipment located on the Premises.

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3. The Permittee shall be responsible for all equipment repairs or replacements.

F. CONSTRUCTION

1. The Permittee may not excavate in any way on or permanently affix or annex anything on
or to the Premises or property of the Commonwealth.
2. The Permittee shall not construct, or otherwise perform improvements to the Premises
without first obtaining permission from the DCR.
3. The Permittee shall repair any damage to DCR property, real or personal, to a condition
satisfactory to the DCR.
4. The Permittee shall comply with any requirements set forth by the local conservation
commission or the Massachusetts Historical Commission, if applicable.

G. LAND MARKERS AND MONUMENTS

1. The Permittee shall to take reasonable precautions to protect, in place, all public land
survey monuments, public land boundary markers and private property corners.
2. In the event that any such markers or monuments are disturbed or removed, the Permittee
shall take appropriate action to reestablish them in accordance with specifications of the
city or county surveyor, or the DCR.

H. USE OF PESTICIDES AND OTHER HAZARDOUS SUBSTANCES

1. The Permittee shall not use chemical materials to control vegetation or pests without the
prior written approval of the DCR.
2. Only those materials approved and registered by the Massachusetts Department of
Environmental Protection for the specific purpose planned shall be considered for use on
the Premises. Label instructions shall be strictly followed in the preparation and
application of pesticides and other hazardous substances and disposal of excess materials
and containers. Any and all applications shall be duly licensed by the Commonwealth
and the U.S. Environmental Protection Agency.

I. MARKETING AND ADVERTISING

1. The Permittee shall provide DCR branding, marketing and advertising items, materials
and displays on the Premises if requested by the DCR.
2. The Permittee shall immediately withdraw any advertising or desist from any
promotional activity not acceptable or deemed inappropriate by the DCR.
3. The DCR reserves the right to develop “marketing partnership” agreements identifying
specific brands as the “designated” products of the DCR. The Permittee may be required
to carry or offer for sale such products.
4. All marketing, promotion or advertising materials, including but not limited to webpages,
advertisements, signs, circulars, brochures and letterheads, shall unambiguously
recognize and give credit to the DCR using a logo and/or language mutually agreed upon
by the parties. Said materials and items, as well as oral representations, shall not

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misrepresent in any respect the fact that the services authorized herein occur on DCR
property.

J. SIGNAGE AND POSTING

1. The Permittee shall obtain approval prior to posting any signs or related items.
2. To ensure Park cleanliness, the posting, attaching or distributing of literature or flyers
onto vehicles is strictly prohibited, except for DCR-authorized emergency postings. The
Permittee shall enforce this provision to all persons accordingly.

K. PERMIT ISSUANCE

The Permittee must receive and sign a duly issued Award Notice to commence operations.
Thereafter, the DCR will draft and the parties will execute a permit agreement contract. All
provisions, conditions and terms herein are obligatory and enforceable during the permit
agreement drafting process.

L. PERMIT COMPLIANCE AND PERFORMANCE

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

M. TERM

1. The term for the use authorized herein shall be for a period of five (5) summer seasons
commencing prior to the 2011 summer season and automatically expiring at the
conclusion of the summer 2015 summer season.

N. INDEMNIFICATION OF THE DCR AND COMMONWEALTH

The Permittee shall assume all risk in connection with any and all activities engaged on the
Premises, and shall be solely responsible and answerable in damages and any other equitable
remedies for all accidents or injuries caused by the Permittee’s activities. The Permittee shall be
responsible for the security of the Premises and the protection of the assets and property of the
DCR. The Commonwealth shall not be responsible for property of the Permittee, its contractors,
agents, representatives, employees, permittees, licensees, guests and invitees. The Permittee
shall indemnify, defend and hold harmless the Commonwealth, including the DCR, its agents,
officers and employees against any and all claims, liabilities and costs for any personal injury or
property damages, patent or copyright infringement or other damages that the Commonwealth
may sustain which arise out of or in connection with the Permittee’s performance, including but
not limited to the negligence, reckless or intentional conduct of the Permittee, its agents, officers,
employees or subcontractors, unless such claim arises solely from the negligence of the DCR, its
employees, agents or contractors, unless otherwise exempted by law. The Permittee shall at not
be considered an agent or representative of the DCR or the Commonwealth. The

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Commonwealth shall not be liable for any costs incurred by the Permittee arising under this
paragraph. The Permittee shall waive any and all claims for compensation for any and all loss or
damage sustained by reason of any interference by any public agency or official.

O. RISK OF LOSS

All Proposers are hereby notified that weather and water quality may adversely affect the number
of visitors to the Premises. Consequently, the DCR will not issue abatements in permit fees for
weather or water-related diminutions in business income or for any event not in the control of the
DCR.

P. RISK OF OPERATION

The Permittee shall assume all risk in operating the Premises and in connection with any and all
activities engaged in on the Premises and shall be solely responsible and answerable in damages
for all accidents or injuries to persons or property.

Q. INSURANCE REQUIREMENTS

1. The Permittee shall maintain comprehensive general liability insurance on an occurrence


basis insuring against all claims and demands against, and liability of Permittee and/or DCR
for personal injury and property damage arising out of and in connection with the Premises
or Permittee’s use or occupancy of the Premises, in standard form to afford protection in an
amount of not less than $500,000 combined single limit for personal and bodily injury and
death, and for property damage, with a so-called “broad-form” endorsement, and a per-
occurrence limit of not less than $1,000,000 for bodily injury, property damage and medical
payments, which may be based upon a combination of primary coverage (plus umbrella
coverage), which policy shall include operations and blanket contractual liability coverage.
2. The Permittee shall maintain products liability insurance against claims based upon the
services provided in the minimum amount of $500,000 in the event of death or injury to one
individual, and a minimum of $1,000,000 in the event of death or injury to more than one
individual, or such higher amounts of liability insurance coverage the DCR shall reasonably
require from time to time.
3. The Permittee shall maintain vehicle liability insurance with respect to the operations of any
employee, including coverage for owned, non-owned and leased or rented vehicles with a
combined single limit in an amount not less than $500,000.
4. The Permittee shall carry fire and casualty liability insurance in the minimum amount of
$100,000.
5. The Permittee immediately must notify the DCR verbally and shall also notify the DCR in
writing within five (5) business days if the Permittee’s insurance provisions, terms,
coverage, or similar are amended, changed, suspended, expired or cancelled in any fashion.
6. The Permittee shall maintain said policies for the full term of operation. Failure to maintain
all insurance coverage noted herein shall be deemed a material breach of the Permittee’s
duties.
7. The Permittee shall ensure that the DCR and Commonwealth of Massachusetts are
explicitly named as additional insured on all insurance policies and Certificates of Insurance.

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8. Certificates of Insurance shall be remitted to the DCR no later than January 1st each year.

R. WAIVER

No waiver by either party at any time of the terms, conditions or covenants of this agreement
shall be deemed a waiver at any time thereafter of the same provision or of any other provision
contained herein or of the strict and prompt performance thereof.

S. FORCE MAJEURE

Neither party shall be liable to perform its part of this agreement when such failure is due to fire,
flood, war, riot, insurrection, or other catastrophe beyond the control of the parties.

T. SEVERABILITY

If any provision of this agreement, or portion of such provision, is held invalid, the remainder of
this agreement shall continue in full effect.

U. MODIFICATIONS OR AMENDMENTS

Modifications or amendments to this agreement shall be in writing and duly executed by both
parties hereto to be effective.

V. REPORTING AND TAXES

1. The Permittee shall deliver to the DCR a financial report including a monthly balance
sheet, income statement and statement of cash flows for the prior year, and a copy of any
financial information relating to the Premises by April 15th each year. Said reports shall
provide details of all income and expenses related to the Premises. Said reports shall be
audited by a Certified Public Accountant or must be remitted under signed pains and
penalties of perjury. All expenses incurred in providing the financial reports shall be the
responsibility of Permittee. The Permittee is subject to an audit by the DCR of said
information at any time.
2. The Permittee shall make all accounting books and supporting records of its business
activities relating to the management, operation, and maintenance of the Premises,
available for analysis and duplication by representatives of the DCR or Commonwealth
agencies authorized to review DCR activities. Financial information so obtained shall
remain confidential.
3. The Permittee shall be responsible for prompt payment of any and all taxes levied on the
operations conducted under the exercise of the agreement issued by DCR. Failure to
make timely payment of taxes for which the Permittee is responsible shall be cause for
termination.

W. HAZARDS

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1. The Permittee shall be responsible for inspecting the Premises and immediate adjoining
area for dangerous trees, hanging limbs and other evidence of hazardous conditions and
for reporting any such hazards to the DCR.
2. The Permittee shall periodically inspect all areas used by the public in and around the
Premises for the presence of unsafe and hazardous conditions and shall promptly remedy
such conditions when found.

X. PERMITTEE IS CONSIDERED A LICENSEE

1. The Permittee shall not hold itself out as or claim to be an officer or employee of the
Commonwealth or DCR and shall not make any claim, demand or application to or for
any right or privilege applicable to an officer or employee of the Commonwealth,
including, but not limited to, workers compensation coverage, unemployment insurance
benefits, social security coverage or retirement membership or credit.
2. Nothing herein contained shall create or be construed or implied as an agency
relationship or legal partnership between Permittee and the DCR.
3. The Permittee acknowledges that this RFP or the awarded agreement does not confer any
rights in real property to the Permittee. The Permittee may enter and use the Premises
solely for those purposes contained herein.

Y. ASSIGNMENT AND SUBLETTING

1. The Permittee shall not assign, sublease, transfer or otherwise dispose of its management
responsibilities or of any right, interest or use of the Premises without prior written
approval of the DCR.
2. The Permittee may not enter into any agreement with any entity or person, except
employees of the Permittee, to exercise substantial management responsibilities for
operation of the Premises without the prior written consent of the DCR.
3. Any such disposition without the consent of the DCR shall constitute a material breach of
contract, which shall be cause for immediate suspension and/or termination.
4. The DCR shall not be obligated to recognize any right of any person or entity to any
interest in this permitted use or to any rights in equipment, structures or property of the
Permittee.
5. In the event of any unapproved or prohibited transfer or encumbrance by the Permittee,
or in the event of any default of its obligations to persons or entities which are not a party
to the contract, such person or entity shall not be deemed to have acquired operating
rights or privileges to the Premises or property of the DCR.

Z. TERMINATION

1. Either party may terminate this agreement at will or for cause or for any reason given at law
or pursuant to any term or condition within thirty (30) days written notice to the other.
2. If the Premises are damaged or destroyed by fire or other casualty to the extent where the
Permittee has a 50% reduction of its expected revenues, either party shall have the right to
terminate by a written notice within thirty (30) days after such damage or destruction,
effective not later than thirty (30) days after such notice.

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3. The DCR may terminate this agreement at will. The DCR may also terminate the
Permittee’s rights without thirty (30) days written notice if, in the sole discretion of the
DCR, the Permittee has violated any term or condition or such termination is otherwise
determined by DCR to be in the public’s best interest.

AA. NON-DISCRIMINATION

1. The Permittee shall comply with all federal and state laws, rules and regulations
promoting fair employment practices or prohibiting employment discrimination and
unfair labor practices and shall not discriminate in the hiring of any applicant for
employment nor shall any qualified employee be demoted, discharged or otherwise
subject to discrimination in the tenure, position, promotional opportunities, wages,
benefits or terms and conditions of their employment because of race, color, national
origin, ancestry, age, sex, religion, disability, handicap, sexual orientation or for
exercising any rights afforded by law. The Permittee agrees to comply with all applicable
federal and state statutes, rules and regulations prohibiting discrimination in employment
including, but not limited, to, Title VII of the Civil Rights Acts of 1964; the Age
Discrimination in Employment Act of 1967; Section 504 of the Rehabilitation Act of 1973;
Massachusetts General Laws, Chapter 151B, § 4(1); and all relevant administrative orders
and executive orders, including Executive Order 452.
2. If a complaint or claim alleging violation by the Permittee of such statutes, rules or
regulations is presented to the Massachusetts Commission Against Discrimination
(hereinafter “MCAD”), the Permittee and its agents agree to cooperate fully with MCAD
in the investigation and disposition of such complaint or claim. Permittee agrees to
assume all legal fees and costs in connection with the defense of such claim. In the event
of noncompliance with provisions of this section, DCR shall impose such sanctions, as it
deems appropriate, including, but not limited to, termination or suspension of this
agreement. The MCAD shall be responsible for determining compliance with this
section.

V. EVALUATION CRITERIA
Failure to remit the following three (3) items will result in DCR’s immediate and automatic
rejection of a proposal:

1. Official 2011 Certificate of Tax Compliance filed from the Department of Revenue
(https://wfb.dor.state.ma.us/webfile/certificate/public/webforms/AppInfo.aspx); and
2. Completed and signed Version 2009 Commonwealth W-9 Form
(http://www.mass.gov/Aosc/docs/Forms/VendorCustomer/newMass_W9.pdf); and
3. A letter from an insurance company or properly licensed broker, duly licensed to conduct
business within the Commonwealth, specifying that the Proposer is qualified to meet and
obtain the insurance requirements specified herein.

Proposals will be evaluated on the following criteria:

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1. A list of the names and addresses of all principals who have more than a one percent
(1%) financial interest in the business entity.

Not included: 0 points


Included: 2 points

2. A description and history of the related experience of the entity and of the principal
parties. Resumes of the principals. Two (2) written business references from past clients
or entities for which similar services have been provided (contact names, addresses and
phone numbers). Said references must be qualified and competent as well as responsible
and responsive.

Not included: 0 points


A description and history of the related experience of the entity and of the principal
parties and resumes only: 2 points
A description and history of the related experience of the entity and of the principal
parties, resumes, and one (1) written business reference: 3 points
A description and history of the related experience of the entity and of the principal
parties, resumes, and two (2) written business references: 5 points

3. A list and comprehensive explanation of all job descriptions for all anticipated operating
personnel and staff members.

Not included: 0 points


Included: 3 points

4. An “organizational chart” detailing the “chain of command” for the operating personnel
and staff members.

Not included: 0 points


Included: 2 points

5. A written description of the services to be offered including a majority of healthy choice


food product lines menus, and price lists.

Not included: 0 points


Included: 10 points

6. A written description of the overall vision of the concession and how it will enhance the
visitors’ experience as well as sketches, diagrams or other graphic representation.

Not included: 0 points


Included: 10 points

7. Drawings or pictures of the removable food concession stand depicting a façade matching
the Beach Services Building.

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Not included: 0 points
Included: 10 points

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

Not included: 0 points


Included: 8 points

9. A detailed, comprehensive and auditable cash management plan.

Not included: 0 points


Paper receipts and cash registers: 5 points
Computer-based “Point-of-sale technology” system: 10 points
Paper receipts and cash registers with computer-based “Point-of-Sale” technology
system: 15 points

10. Proposed budget, including operating costs (including but not limited to itemization of
costs for expenses, labor and materials).

Not included: 0 points


Budget only: 2 points
Budget and operating costs: 5 points

11. Financial statements for 2008 and 2009, including profit and loss statements, balance
sheets and cash flows, signed under the pains and penalties of perjury and copies of
signed and filed federal and state tax returns for 2008 and 2009.

Not included: 0 points


One of four documents from above: 1 point
Two of four documents from above: 3 points
Three of four documents from above: 7 points
Four of four documents from above: 10 points

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

Not included: 0 points


Documentation made to one (1) payee: 3 points
Documentation made to three (3) payees: 7 points
Documentation made to five (5) payees: 10 points

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Compensation will be considered in addition to the above criteria. MINIMUM BID AMOUNT:
Five hundred dollars ($500.00).

VI. RULE FOR AWARD


The minimum number of points which are acceptable out of the possible 90 points is 45 points.
The selected winning proposal must earn no less than 45 points. The DCR will consider higher
monetary compensation more advantageous than lower compensation.

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VII. SUBMISSION INFORMATION
Proposals must be submitted to:

Department of Conservation and Recreation


Ms. Susan Milano
251 Causeway Street, Suite 600
Boston, Massachusetts 02114
RFP # DCR 2011 389

*Proposals must be received at the above address no later than:

2:00 p.m. Monday, April 11, 2011


Proposals shall clearly state a bid offer in USD for each year of operation.
MINIMUM BID AMOUNT: five hundred dollars ($500.00) for each operating year.
Bids lower than said amount will automatically be disqualified and rejected.
Upon issuance of an Award Notice the successful Proposer shall remit the minimum bid
amount.
Payment, acceptable only as a money order, cashier’s check or certified bank check, shall
be made payable to the “Commonwealth of Massachusetts.”

Proposers must submit one signed original and three copies of the proposal.

All envelopes shall be clearly labeled with RFP # DCR 2011 389.

Please include a signed cover letter detailing: contact name, organization mailing address,
telephone number, cellular telephone contact number and email address.

No special preference will be given to bids received early. No late entries will be
considered.

A site inspection is scheduled for Sunday, March 27, 2011 at 10:00 a.m. Please meet at
the Beach Services Building. RSVP to Mr. Jeff Carter, Acting District Manager at (508)
675-5759 x501, (508) 930-3243 or Jeff.Carter@state.ma.us.

VIII. PRESENTATIONS AND INTERVIEWS


Following a review of the submitted proposals that are timely and otherwise properly submitted,
DCR may choose to conduct interviews with selected Proposers. The purpose of any interview
will be to clarify proposals and evaluate the qualities, expertise, and operational concepts of the
Proposer’s proposal.

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