Post on 17-Jan-2015
description
Page 1 of 10
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 DEPrsquos Official Agency Contact 2
B Proposerrsquos 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 $50000 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 $300000) 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 Agencyrsquos Standard Contract and Conditions and Statersquos 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 2 of 10
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 400 pm on March 6 2009
Proposals for a Food Service Concession must be received by 400 pm on March 24 2009
6 Review Criteria
Ability to meet the terms described in Attachment A of the Sample Contract (enclosed)
Variety of foods and beverages offered
Competitiveness of pricing relative to local standards
Demonstrated experience in food service operations
Amount of proposed rent to be paid to the DEP
7 Instructions for Proposers
A DEPrsquos Official Agency Contact
All proposals and written questions must be submitted to and communications shall be with
Ms Patricia Downes
DEP ndash Bureau of Outdoor Recreation
79 Elm Street
Hartford CT 06106-5127
Phone (860) 424-3504
Fax (860) 424-4070
e-mail patriciadownesctgov
B Proposerrsquos Representatives
Provide the ldquolegalrdquo name title (if applicable) address telephone and FAX numbers e-mail
address(s) and normal hours when you can be reached Social Security or FEIN will be
required when the contract is drafted Note that if Proposer is a Connecticut firm name must be
exactly as registered with the Secretary of State as listed on Concord located at
httpwwwconcord-sotsctgovCONCORDonlineeid=99ampsn=InquiryServlet
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 3 of 10
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 Proposersrsquo Conferences
March 17 2009 Official Answers Released
March 24 2009 by 400 pm Deadline for Submitting Proposals
April 1 2009 Contractor Selection
April 2 2009 Start of Contract Negotiations
April 13 2009 Contracts prepared for signature
E Letter of Intent
Any Proposer intending to respond to this RFP must complete and submit a Letter of Intent
(form attached) to the Official Agency Contact by US mail or facsimile not later than 400 pm
on March 6 2009 As an original signature is required a letter of intent sent by e-mail is
unacceptable The letter of intent is non-binding in that the Proposer is not required to submit
an application Include a written statement that the Proposer has read and accepts the RFPrsquos
conditions (Section 9) the agencyrsquos standard contract and conditions (sample contract
enclosed) and the Statersquos contract compliance requirements (Request for Proposals Section 7
Subsection M and Sample Contract Section 4) in their entirety and without amendment The
statement must be signed by the Proposer Proposers may not attend the Proposers
Conference unless they have submitted a letter of intent
F Proposers Conferences
Proposersrsquo conferences will be held at the times and locations listed below Attendance is
mandatory The Proposer or the proposers designated Representative (as defined in Section 8
Subsection C) must attend the conference Sign-in begins at the times listed below Proposals
will not be accepted unless the Proposer or the Proposers Representative signs the
conference attendance log with 15 minutes of the conference start times listed below
Lake Waramaug SP Kent March 15 2009 at 1000 am
Quaddick SP Thompson March 15 2009 at 400 pm
G Inquiry Procedures
Proposers may submit questions about the RFP to the Official Agency Contact on or before
March 6 2009 All questions must be in writing and submitted by US mail facsimile or e-
mail Questions will not be accepted over the telephone Anonymous questions will not be
answered The agency reserves the right to provide a combined answer to similar questions
Questions received by March 6 2009 will be answered at the Proposers Conference Questions
arising at the Proposers Conference will be answered at the conference The agency will
distribute official answers to any and all questions in the form of a written amendment not
later than March 17 2009 to all Proposers who attended the Proposers Conference Any
Proposer who has not received the amendment within two business days following the
distribution date may contact the Official Agency Contact by telephone to request a copy Any
amendments to this RFP will also be posted by March 17 2009 on the Department of
Administrative Services Contracting Portal
Page 4 of 10
H Confidential Information
Proposers are advised not to include in their proposals any proprietary information The
Connecticut Freedom of Information Act generally requires the disclosure of documents in the
possession of the State upon request of any citizen unless the content of the document falls
within certain categories of exemption An example of an exemption is a ldquotrade secretrdquo as
defined by statute (CGS sect 1-19(b)(5)) If the information is not readily available to the public
from other sources and the Proposer submitting the information requests confidentiality then
the information generally is considered to be ldquogiven in confidencerdquo Confidential information
must be isolated from other material in the proposal and labeled CONFIDENTIAL
I Affidavit Concerning Gifts and Campaign Contributions (NOTE Only required for
proposals with a total value of $50000 or greater)
Pursuant to Public Act 04-245 all Proposers must provide a signed affidavit attesting to
whether or not gifts were provided to certain public officials or State employees during the
two-year period preceding the submission of a proposal In addition pursuant to paragraph 8
of Governor M Jodi Rellrsquos Executive Order No 1 anyone who files an affidavit pursuant to
Public Act 04-245 shall disclose in those affidavits all contributions made to campaigns of
candidates for state-wide public office or the General Assembly Further any Contractor who
is awarded a large State contract shall update the affidavit on an annual basis
J Campaign Contribution Ban
With regard to a State contract as defined in PA 07-1 having a value in a calendar year of
$50000 or more or a combination or series of such agreements or contracts having a value of
$100000 or more the authorized signatory to this submission in response to the States
solicitation expressly acknowledges receipt of the State Elections Enforcement Commissions
notice advising prospective state contractors of state campaign contribution and solicitation
prohibitions and will inform its principals of the contents of the notice See SEEC Form 11
K Minimum Submission Requirements
At a minimum proposals must (1) be submitted before the deadline (2) follow the preferred
format (3) satisfy the packaging and labeling requirements (4) be complete and (5) include
the required affidavits concerning gifts and campaign contributions (if applicable) Proposals
that fail to meet these minimum submission requirements may be disqualified
L Multiple Submissions
Multiple proposals by the same Proposer will be considered Proposals may be for a single
location or for a combination of the locations If bidding on more than one location proposers
are advised to submit a separate proposal for each location Proposals for a combination of
locations will only be considered after the Selection Committee determines that individual
proposals do not fully satisfy the selection criteria
M Contract Compliance Requirements (required for any application exceeding $300000)
See CHRO website for specific forms The following table will assist in determining which
forms are required
Page 5 of 10
Contract Amount Bidder Contract Compliance
Monitoring Report Required and
Affidavit for Certification of
Subcontractors as Minority Business
Enterprises
Affirmative
Action Plan
$0 - $4000 No No
$400001 - $999900 Yes No
$10000 - $250000 Yes No
$250000 or more Yes Yes
The State of Connecticut is an Equal Opportunity and Affirmative Action employer and does
not discriminate in its hiring employment or business practices The State is committed to
complying with the Americans with Disabilities Act of 1990 (ADA) and does not discriminate
on the basis of disability in admission to access to or operation of its programs services or
activities For contracts of $250000 or more provide evidence of the Proposerrsquos ability to meet
the contract compliance requirements for one or more of the following factors (1) success in
implementing an affirmative action plan (2) success in developing an apprenticeship program
complying with sectsect 46a-68-1 to 46a-68-17 inclusive of the Regulations of Connecticut State
Agencies (3) promise to develop and implement a successful affirmative action plan (4)
submission of EEO-1 data indicating that the composition of the Proposerrsquos workforce is at or
near parity in the relevant labor market area or (5) promise to set aside a portion of the contract
for legitimate minority business enterprises
N Style Requirements
To the extent possible proposals should conform to the following specifications (1) be word
processed or typewritten (2) use font size of not less than 10 and not more than 12 points (3)
have margins of not less than 1rdquo on the top bottom and sides of all pages (4) be not more than
10 pages in length including any attachments (5) display the Proposerrsquos name on the header of
each page and (6) display page numbers at the bottom of each page
O Packaging and Labeling Requirements
The proposal must be signed by the Proposer Unsigned proposals will be rejected Proposals
must be submitted in sealed envelopes or packages and be addressed to the Official Agency
Contact The name and address of the Proposer must appear in the upper left corner of the
envelope or package The lower left corner must be labeled Sealed Bid Deadline March 24
2009 A signed original (clearly identified as such) and four exact copies of the proposal must
be submitted An electronic document format may be substituted for the four exact copies
Proposals transmitted by facsimile or email will not be accepted or reviewed
P Meetings with Proposers
At its discretion the Agency may convene meetings with Proposers in order to gain a fuller
understanding of the proposals The meetings may involve demonstrations interviews
presentations or site visits If the agency decides meetings are warranted the Official Agency
Contact will telephone Proposers to make an appointment Any such meetings are tentatively
scheduled to take place 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 6 of 10
A Name of the Contract for which the proposal is being submitted (ie which park or parks)
B Proposers Information
Provide the information requested below
1 Name of Proposer
2 Business Address
3 Telephone Number
4 E-mail Address (If Available)
5 Federal Employer ID Number Social Security Number
C Proposerrsquos Representatives
The Proposer may designate an authorized representative and one alternate who may speak and
act on behalf of the Proposer in all dealings with the agency if necessary Provide the
following information for each individual
1 Names
2 Telephone Numbers 3 Normal Hours of Work
D Individual or Organizational Profile
1 Qualifications
Proposers must be at least 18 years of age and must able to legally work in the
United States of America for the entire term of the contract
Provide a statement of your organizations qualifications and food service
experience Where applicable the statement should include a history of annual gross
receipts for the Proposers three most recent years of operating a food and beverage
concessions
2 Key Personnel and Staffing
Identify the key supervisory and management personnel that will be assigned to this project
Attach resumes reflecting their qualifications including related work experience The
Department must be given advanced notice in writing of the departure of any key personnel
from the project Identify the personnel resources that will be assigned to meet the work
schedule outlined below in Section E Subsection 4
3 Legal Status
If the Proposer is a firm or corporation describe the organizationrsquos legal status (eg sole
proprietorship partnership limited partnership corporation subchapter S corporation)
Report the states in which the organization is registered to do business
Page 7 of 10
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 CGS sect 1-85
E Outline of Work
1 Personnel
Describe who will be working at the concession What is their level of experience in food
service operation and describe the level of supervision will they receive Describe the dress
code and personal hygiene standards
2 Menu
Provide a sample menu with a price list Describe any non-consumable items you would
have for sale (ie sun tan lotion flip-flops etc)
3 Equipment
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 weekendsholidays
weekdays earlylate season and peak season
9 RFP Conditions
A All proposals in response to this RFP are to be the sole property of DEP Proposers are
encouraged not to include in their proposals any information that is proprietary All materials
associated with this procurement process are subject to the terms of State laws defining
freedom of information and privacy and all rules regulations and interpretations resulting from
those laws
B Any product whether acceptable or unacceptable developed under a contract awarded as a
result of the RFP is to be the sole property of DEP
C Timing and sequence of events resulting from this RFP will ultimately be determined by DEP
D The Proposer agrees that the proposal will remain valid for a period of 90 days after the
deadline for submission and may be extended beyond that time by mutual agreement
Page 8 of 10
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 Proposers personnel who do not perform adequately
on the project regardless of whether they were previously approved by DEP
G Any costs and expenses incurred by Proposers in preparing or submitting proposals are the sole
responsibility of the Proposer
H A Proposer must be prepared to present evidence of experience ability service facilities and
financial condition necessary to satisfactorily meet the requirements set forth or implied in the
proposal
I No additions or changes to the original proposal will be allowed after submission While
changes are not permitted clarification of proposals may be required by DEP at the Proposerrsquos
sole cost and expense
J In some cases Proposers may be asked to give demonstrations interviews presentations or
further explanation to the RFPrsquos Screening Committee
K The Proposer represents and warrants that the proposal is not made in connection with any
other Proposer and is in all respects fair and without collusion or fraud The Proposer further
represents and warrants that the Proposer did not participate in any part of the RFP
development process had no knowledge of the specific contents of the RFP prior to its
issuance and that no agent representative or employee of DEP participated directly in the
Proposerrsquos proposal preparation
L All responses to the RFP must conform to instruction Failure to include required signatures
provide the required number of copies meet deadlines answer all questions follow the
required format or failure to comply with any other requirements of this RFP may be
considered appropriate cause for rejection of the response
M The Proposer must accept DEPrsquos standard contract language and conditions (See sample of
standard contract and conditions attached)
N The contract will represent the entire agreement between the Proposer and DEP and will
supersede all prior negotiations representations or agreements alleged or made between the
parties DEP or the State shall assume no liability for payment of services under the terms of
the contract until the successful Proposer is notified that the contract has been accepted and
approved by DEP and by the AGrsquos Office The contract may be amended only by means of a
written instrument signed by DEP the Proposer and the AGrsquos Office
Page 9 of 10
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 andor specifications of the RFP
The DEP also reserves the right to waive technical defect irregularities and omissions if in its
judgment the best interest of DEP will be served DEP reserves the right to correct inaccurate
awards resulting from its clerical errors This may include in extreme circumstances revoking
the awarding of a contract already made to a Proposer and subsequently awarding the contract
to another Proposer Such action on the part of DEP shall not constitute a breach of contract on
the part of DEP since the contract with the initial Proposer is deemed to be void ab initio and of
no effect as if no contract ever existed between DEP and the Proposer
10 Agencyrsquos Standard Contract and Conditions and Statersquos Contract Compliance Requirements
See the attached Sample Concession Contract for standard contract conditions
11 Park Descriptions
A 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 (ie firewood groceries insect repellent bait
etc) and small equipment (ie 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 80659 day use visitors and 14948 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 $18771 in 2007 and
$18055 in 2008
5 The concession building is 900 square feet and was constructed in 1974 It has an
assessed value of $53398 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 10 of 10
B Quaddick State Park Thompson
1 Activities
Swimming
Lake fishing
Boat launch
Picnicking
Field sports
2 Attendance in 2008 was 43000 day use visitors
3 Gross receipts for a food and beverage concession ranged from approximately
$4000 to $12000 between the 1980s and 2004
4 The concession building is 276 square feet It has an assessed value of $8778 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 wwwctgovdepstateparks
Page 1 of 1
LETTER OF INTENT TO SUBMIT A PROPOSAL
State of Connecticut
Department of Environmental Protection
RFP for _________________________ State Park
Return to Ms Patricia Downes
Department of Environmental Protection
Bureau of Outdoor Recreation
79 Elm Street
Hartford CT 06106-5127
860-424-3504 (Phone)
860-424-4070 (FAX)
Return Deadline 400 PM March 6 2009
The individual firm or corporation below intends to submit a proposal in response to the above referenced RFP
Note This letter is a non-binding expression of interest and does not obligate the sender to submit a proposal
The individual firm or corporation below has reviewed and if selected accepts the agencyrsquos standard contract and
conditions (provided in the RFP) in their entirety and without amendment
Name
Mailing Address
Contact Person
Telephone
FAX
Signature
Title Date
Page 1 of 10
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 Staterdquo or ldquoDEPrdquo and
John Doe of the Town of Hartford in the County of Hartford and the State of Connecticut hereinafter referred
to as the ldquoConcessionairerdquo or ldquoContractorrdquo
WITNESSETH
WHEREAS the DEP pursuant to Conn Gen Stat 23-26 has the authority to enter into contractual relations
with persons for the maintenance of concessions and other sources of revenue to be derived from services to the
general public using state parks and WHEREAS the Concessionaire desires to operate the concessions and
render services to the public at
VARIOUS STATE PARKS
NOW THEREFORE it is hereby agreed as follows
1 Duration The DEP hereby grants to the Concessionaire the exclusive right to operate a food and beverage
concession at the above mentioned State Park located in the Town of _________ County of _________ State
of Connecticut from the execution of this contract through September 30 2011 The DEP in its sole discretion
may renew this contract for one 2-year period under the same terms and conditions as outlined in this contract
2 Payment In consideration of said right and privileges the Concessionaire agrees to pay the sum of
$__________ annually payable in the amount of $__________ (50) at the execution of this contract and
$__________ (50) on or before July 15 2009 Beginning in 2010 the semi-annual payment of $__________
(50) shall be made payable by May 15th and July 15
th each year that this contract is in effect If the annual sum
is less than $100000 the sum is due in full at the execution of the contract and by May 15th of each
subsequent year that the contract is in effect All payments shall be made by check draft or money order
payable to Treasurer-State of Connecticut and delivered or mailed to the Department of Environmental
Protection Accounts Receivable 79 Elm Street Hartford Connecticut 06106-5127
3 Attachment ldquoArdquo hereto is incorporated herein by reference and all provisions thereof shall be binding upon
the parties
4 Non-Discrimination
The following subsections are set forth here as required by section 4a-60 of the Connecticut General Statutes as
amended by PA 07-142
(a) Every contract to which the state or any political subdivision of the state other than a municipality is a
party shall contain the following provisions (1) The contractor agrees and warrants that in the performance of
the contract such contractor will not discriminate or permit discrimination against any person or group of
persons on the grounds of race color religious creed age marital status national origin ancestry sex mental
retardation or physical disability including but not limited to blindness unless it is shown by such contractor
that such disability prevents performance of the work involved in any manner prohibited by the laws of the
Page 2 of 10
United States or of the state of Connecticut The contractor further agrees to take affirmative action to insure
that applicants with job-related qualifications are employed and that employees are treated when employed
without regard to their race color religious creed age marital status national origin ancestry sex mental
retardation or physical disability including but not limited to blindness unless it is shown by such
contractor that such disability prevents performance of the work involved (2) the contractor agrees in all
solicitations or advertisements for employees placed by or on behalf of the contractor to state that it is an
affirmative action-equal opportunity employer in accordance with regulations adopted by the commission
(3) the contractor agrees to provide each labor union or representative of workers with which such contractor
has a collective bargaining agreement or other contract or understanding and each vendor with which such
contractor has a contract or understanding a notice to be provided by the commission advising the labor union
or workers representative of the contractors commitments under this section and to post copies of the notice
in conspicuous places available to employees and applicants for employment (4) the contractor agrees to
comply with each provision of this section and sections 46a-68e and 46a-68f and with each regulation or
relevant order issued by said commission pursuant to sections 46a-56 as amended by this act 46a-68e and
46a-68f (5) the contractor agrees to provide the Commission on Human Rights and Opportunities with such
information requested by the commission and permit access to pertinent books records and accounts
concerning the employment practices and procedures of the contractor as relate to the provisions of this
section and section 46a-56 as amended by this act If the contract is a public works contract the contractor
agrees and warrants that he will make good faith efforts to employ minority business enterprises as
subcontractors and suppliers of materials on such public works project Prior to entering into the contract the
contractor shall provide the state or such political subdivision of the state with documentation in the form of a
company or corporate policy adopted by resolution of the board of directors shareholders managers
members or other governing body of such contractor to support the nondiscrimination agreement and warranty
under subdivision (1) of this subsection For the purposes of this section contract includes any extension or
modification of the contract and contractor includes any successors or assigns of the contractor
(b) For the purposes of this section minority business enterprise means any small contractor or supplier of
materials fifty-one per cent or more of the capital stock if any or assets of which is owned by a person or
persons (1) Who are active in the daily affairs of the enterprise (2) who have the power to direct the
management and policies of the enterprise and (3) who are members of a minority as such term is defined in
subsection (a) of section 32-9n and good faith means that degree of diligence which a reasonable person
would exercise in the performance of legal duties and obligations Good faith efforts shall include but not
be limited to those reasonable initial efforts necessary to comply with statutory or regulatory requirements
and additional or substituted efforts when it is determined that such initial efforts will not be sufficient to
comply with such requirements
(c) Determination of the contractors good faith efforts shall include but shall not be limited to the following
factors The contractors employment and subcontracting policies patterns and practices affirmative
advertising recruitment and training technical assistance activities and such other reasonable activities or
efforts as the commission may prescribe that are designed to ensure the participation of minority business
enterprises in public works projects
(d) The contractor shall develop and maintain adequate documentation in a manner prescribed by the
commission of its good faith efforts
(e) The contractor shall include the provisions of subsection (a) of this section in every subcontract or
purchase order entered into in order to fulfill any obligation of a contract with the state and such provisions
shall be binding on a subcontractor vendor or manufacturer unless exempted by regulations or orders of the
commission The contractor shall take such action with respect to any such subcontract or purchase order as
the commission may direct as a means of enforcing such provisions including sanctions for noncompliance in
accordance with section 46a-56 provided if such contractor becomes involved in or is threatened with
litigation with a subcontractor or vendor as a result of such direction by the commission the contractor may
request the state of Connecticut to enter into any such litigation or negotiation prior thereto to protect the
interests of the state and the state may so enter
Page 3 of 10
The following subsections are set forth here as required by section 4a-60a of the Connecticut General Statutes
as amended by PA 07-142
(a) Every contract to which the state or any political subdivision of the state other than a municipality is a
party shall contain the following provisions (1) The contractor agrees and warrants that in the performance of
the contract such contractor will not discriminate or permit discrimination against any person or group of
persons on the grounds of sexual orientation in any manner prohibited by the laws of the United States or of
the state of Connecticut and that employees are treated when employed without regard to their sexual
orientation (2) the contractor agrees to provide each labor union or representative of workers with which such
contractor has a collective bargaining agreement or other contract or understanding and each vendor with
which such contractor has a contract or understanding a notice to be provided by the Commission on Human
Rights and Opportunities advising the labor union or workers representative of the contractors commitments
under this section and to post copies of the notice in conspicuous places available to employees and
applicants for employment (3) the contractor agrees to comply with each provision of this section and with
each regulation or relevant order issued by said commission pursuant to section 46a-56 as amended by this
act (4) the contractor agrees to provide the Commission on Human Rights and Opportunities with such
information requested by the commission and permit access to pertinent books records and accounts
concerning the employment practices and procedures of the contractor which relate to the provisions of this
section and section 46a-56 as amended by this act Prior to entering into the contract the contractor shall
provide the state or such political subdivision of the state with documentation in the form of a company or
corporate policy adopted by resolution of the board of directors shareholders managers members or other
governing body of such contractor to support the nondiscrimination agreement and warranty under
subdivision (1) of this subsection For the purposes of this section contract includes any extension or
modification of the contract and contractor includes any successors or assigns of the contractor
(b) The contractor shall include the provisions of subsection (a) of this section in every subcontract or
purchase order entered into in order to fulfill any obligation of a contract with the state and such provisions
shall be binding on a subcontractor vendor or manufacturer unless exempted by regulations or orders of the
commission The contractor shall take such action with respect to any such subcontract or purchase order as
the commission may direct as a means of enforcing such provisions including sanctions for noncompliance in
accordance with section 46a-56 provided if such contractor becomes involved in or is threatened with
litigation with a subcontractor or vendor as a result of such direction by the commission the contractor may
request the state of Connecticut to enter into any such litigation or negotiation prior thereto to protect the
interests of the state and the state may so enter
5 Executive Orders The Contract is subject to the provisions of Executive Order No Three of Governor
Thomas J Meskill promulgated June 16 1971 concerning labor employment practices Executive Order No
Seventeen of Governor Thomas J Meskill promulgated February 15 1973 concerning the listing of
employment openings and Executive Order No Sixteen of Governor John G Rowland promulgated August 4
1999 concerning violence in the workplace all of which are incorporated into and are made a part of the
Contract as if they had been fully set forth in it At the Contractorrsquos request the Client Agency shall provide a
copy of these orders to the Contractor The Contract may also be subject to Executive Order No 7C of
Governor M Jodi Rell promulgated July 13 2006 concerning contracting reforms and Executive Order No 14
of Governor M Jodi Rell promulgated April 17 2006 concerning procurement of cleaning products and
services in accordance with their respective terms and conditions
6 Clarifications In case of conflicts discrepancies errors or omissions among the various parts of this
contract any such matter shall be submitted immediately by Contractor to the State for clarification The State
shall issue clarification within a reasonable period of time Any services affected by such conflicts
discrepancies errors or omissions which are performed by Contractor prior to clarification by the State shall be
at Contractorrsquos risk
7 Indemnification (a) The Contractor shall indemnify defend and hold harmless the State and its officers
representatives agents servants employees successors and assigns from and against any and all (1) Claims
arising directly or indirectly in connection with the Contract including the acts of commission or omission
Page 4 of 10
(collectively the Acts) of the Contractor or Contractor Parties and (2) liabilities damages losses costs and
expenses including but not limited to attorneys and other professionals fees arising directly or indirectly in
connection with Claims Acts or the Contract The Contractor shall use counsel reasonably acceptable to the
State in carrying out its obligations under this section The Contractorrsquos obligations under this section to
indemnify defend and hold harmless against Claims includes Claims concerning confidentiality of any part of
or all of the Bid or any Records any intellectual property rights other proprietary rights of any person or entity
copyrighted or uncopyrighted compositions secret processes patented or unpatented inventions articles or
appliances furnished or used in the Performance of the Contract
(b) The Contractor shall reimburse the State for any and all damages to the real or personal property of the State
caused by the Acts of the Contractor or any Contractor Parties The State shall give the Contractor reasonable
notice of any such Claims
(c) The Contractorrsquos duties under this section shall remain fully in effect and binding in accordance with the
terms and conditions of the Contract without being lessened or compromised in any way even where the
Contractor is alleged or is found to have merely contributed in part to the Acts giving rise to the Claims andor
where the State is alleged or is found to have contributed to the Acts giving rise to the Claims
(d) The Contractor shall carry and maintain at all times during the term of the Contract and during the time that
any provisions survive the term of the Contract sufficient general liability insurance to satisfy its obligations
under this Contract The Contractor shall name the State as an additional insured on the policy and shall provide
a copy of the policy to the Agency prior to the effective date of the Contract The Contractor shall not begin
Performance until the delivery of the policy to the Agency
(e) The rights provided in this section for the benefit of the State shall encompass the recovery of attorneysrsquo and
other professionalsrsquo fees expended in pursuing a Claim against a third party
(f) This section shall survive the Termination Cancellation or Expiration of the Contract and shall not be
limited by reason of any insurance coverage
8 Amendments
Formal written amendment of the contract is required for changes to the final date of the contract period and to
terms and conditions specifically stated in the original contract and any prior amendments including but not
limited to
a The contractrsquos objectives services or plan
b Completion of objectives or services and
c Any other contract revisions determined material by the DEP
9 Change in Principal Project Staff Any changes in the principal project staff must be requested in writing
and approved in writing by the Commissioner or the Commissionerrsquos authorized representative at their sole
discretion In the event of any unapproved change in principal project staff the DEP may in its sole discretion
terminate or cancel this contract
10 Assignability The Contractor shall not assign any interest in this contract and shall not transfer any
interest in the same (whether by assignment or novation) without the prior written consent of the DEP thereto
provided however that claims for money due or to become due the Contractor from the DEP under this contract
may be assigned to a bank trust company or other financial institution without such approval Notice of any
assignment or transfer shall be furnished promptly to the DEP
11 Definition of ldquoExecutionrdquo This contract shall be fully executed when it has been signed by authorized
representatives of the parties and if it is for an amount exceeding three thousand dollars ($300000) by the
authorized representative of the state Attorney Generalrsquos Office
12 Sovereign Immunity The parties acknowledge and agree that nothing in the Solicitation or the Contract
shall be construed as a modification compromise or waiver by the State of any rights or defenses of any
immunities provided by Federal Law or the laws of the State of Connecticut to the State or any of its officers
Page 5 of 10
employees which may have had now have or will have with respect to all matters arising out of the Contract
To the extent that this section conflicts with any other section this section shall govern
13 CancellationTermination The DEP may cancel this contract for cause on five (5) daysrsquo notice A request
for termination of this contract by the Concessionaire or Contractor for a just cause will require approval by the
DEP Any cancellation or request for cancellation of this contract shall be submitted in writing and sent by
certified mail to
DEP
Bureau of Outdoor Recreation
Division of State Parks and Public Outreach
79 Elm Street
Hartford CT 06106-5127
Concessionaire
Mr John Doe
123 ABC Drive
Hartford CT 06000
Notwithstanding any provisions in this contract DEP through a duly authorized employee may terminate the
contract whenever the agency makes a written determination that such termination is in the best interests of the
State
If the DEP cancels this contract for causes listed below or if the Concessionaire terminates this contract prior to
the end of its full term without the consent of the State Parks Division the Concessionaire shall forfeit hisher
rights to bid on future concessions under the control of the State Parks Division and any prior payments received
by the State of Connecticut
a Failure by the Concessionaire to make annual payment during any time the contract is in force
shall be considered cause for cancellation by the DEP
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 6 of 10
it may now have or will have to the laying of venue of any Claims in any forum and further irrevocably submits
to such jurisdiction in any suit action or proceeding
15 Severability If any term or provision of the Contract or its application to any person entity or
circumstance shall to any extent be held to be invalid or unenforceable the remainder of the Contract or the
application of such term or provision shall not be affected as to persons entities or circumstances other than
those as to whom or to which it is held to be invalid or unenforceable Each remaining term and provision of the
Contract shall be valid and enforced to the fullest extent possible by law
16 Nondisclosure The Contactor shall not release any information concerning the services provided pursuant
to the Agreement or any part thereof to any member of the public press business entity or any official body
unless prior written consent is obtained from the State
The parties have hereunto set their hands
SIGNED AND DELIVERED below
STATE OF CONNECTICUT
By ____________________________(LS)
Thomas M Morrissey
Chief Bureau of Outdoor Recreation
Department of Environmental Protection
Date __________________
By____________________________ (LS)
John Doe
Concessionaire
Date _________________
APPROVED AS TO FORM
By ____________________________________ on ________________________
Assistant Attorney General
Page 7 of 10
(VARIOUS STATE PARKS CONCESSION CONTRACT)
ldquoATTACHMENT Ardquo
THE CONCESSIONAIRE AGREES TO THE FOLLOWING CONDITIONS
1 Insurance The Concessionaire shall furnish evidence of insurance A Certificate of Insurance
covering the whole period of the Concession contract shall reflect the following limits and shall be
submitted by the awarded Concessionaire to the Department of Environmental Protection
Commercial General Liability insurance providing a total limit of $1000000 for all damages
arising out of bodily injury to or death of all persons in any accident or occurrence and for all damages
arising out of injury to or destruction of property in any one accident or occurrence In cases where
any insurance policy shows an aggregate limit the aggregate limit shall not be less than $2000000
The operation of all motor vehicles including those hired or borrowed used in connection with
this contract shall be covered by Automobile Liability insurance providing for a total limit of
$1000000 for all damages arising out of bodily injuries or death of all persons in any one accident or
occurrence for all damages arising out of injury or destruction of property in any one accident or
occurrence In cases where an insurance policy shows an aggregate limit the limit shall not be less
than $2000000
The State of Connecticut shall be listed as an Additional Insured on all required coverage Said
coverage is to be provided by insurance companies licensed by the State of Connecticut Any
deductibles or self-insured retentions must be declared and approved by the State
With respect to all operations performed by the Concessionaire the Concessionaire shall carry
Workerrsquos Compensation insurance in accordance with the requirements of the laws of the State of
Connecticut
2 Item and Price List The Concessionaire shall forward by April 1 of each year of this agreement
a price list of all commodities andor souvenirs for sale to the Department of Environmental Protection
Bureau of Outdoor Recreation State Parks Division 79 Elm Street Hartford CT 06106-5127 for
approval for each subsequent year of the contract Any price increases are subject to the prior written
approval of the State Parks Division The Concessionaire shall post a price list of all commodities for
sale in full public view while in operation
The Concessionaire shall be allowed to sell souvenirs provided they are approved by the Division of
State Parks and Public Outreach however if the park name is used on souvenirs or items of clothing
the complete park name shall be used such as ldquoVarious State Parkrdquo not just ldquoVarious Parkrdquo
The Concessionaire warrants that all goods offered for sale shall not exceed in price nor be substandard
in quality or quantity to like articles sold in the surrounding community
Page 8 of 10
3 Sunscreen All Concessionairersquos that operate a concession in a beach park shall have available for
sale to the general public sunscreen with a Sun Protection Factor (SPF) of at least 15 for adults and
SPF 45 for children
4 Use of Biodegradable Products The Department of Environmental Protection encourages the
Concessionaire to use biodegradable products and packaging in its operations ie paper products or
products containing recycled contents only
5 Non-Glass Containers All liquids dispensed by the Concessionaire shall be in non-glass
containers
6 Prohibitions
The Concessionaire shall not sell flotation devices of any kind beach balls snorkels
facemasks or similar articles
The Concessionaire shall not sell dispense or give away alcoholic beverages
The Concessionaire shall not permit gratuities to employees of the State of Connecticut
No video or pinball games shall be permitted
No vending machines shall be permitted
7 Hours of Operation The Concessionaire shall open the concession(s) every day no later than 10 am
except during inclement weather and the concession shall remain open until three hours before but not later
than sunset from the date the contract is executed through Labor Day weekend For all remaining years of
the contract after 2009 the concession shall be open from Memorial Day through Labor Day weekend
Exceptions to this schedule shall be established through joint agreement of the on-site Park Supervisor and
the Concessionaire When closing due to inclement weather the on-site Park Supervisor must be notified
The Concessionaire shall keep a log where the concession is located of all early closures and shall submit a
season-end report to the Park Supervisor at the close of the concession season but no later than October 15th
8 Health Department Inspections The Concessionaire is responsible for scheduling inspections by
the appropriate local health department at the beginning of concession operations and thereafter
annually prior to April 15th
of each year this agreement is in effect The Concessionaire is responsible
for and shall directly pay for any fees charged for such inspections THE CONCESSIONAIRE
WILL BE RESPONSIBLE FOR OBTAINING AN ANNUAL PERMIT FROM THE LOCAL
HEALTH DEPARTMENT FOR THE TOWN THAT THE RESPECTIVE PARK IS
LOCATED A CURRENT PERMIT WILL BE OBTAINED EACH YEAR THE CONTRACT
IS IN FORCE AND MUST BE RECEIVED BY THE DEP DIVISION OF STATE PARKS AND
PUBLIC OUTREACH 79 ELM STREET HARTFORD CT 06106-5127 PRIOR TO
OPENING THE CONCESSION OPERATION
9 Public Health Code The Concessionaire agrees to conform to the Public Health Code of the State
of Connecticut concerning the storage handling and vending of food
10 State-Owned Equipment The Concessionaire shall be responsible for the use of all State-owned
equipment and agrees to replace articles lost or damaged other than those damaged by usual wear
resulting from concession use
11 State Property The Concessionaire shall install no fixed equipment nor make any physical
changes to State property without the prior written approval of DEP Any improvements andor
permanent fixtures approved by the DEP and provided by the Concessionaire during the contract term
shall become the property of the State of Connecticut at the termination of this agreement
Page 9 of 10
12 Utilities and Suppliers For billing purposes with Concessionaires utility companies and
suppliers the Concessionaire shall always use the name referred to as the ldquoConcessionairerdquo or
ldquoContractorrdquo At no time shall the Concessionaire use the state parkrsquos name and address for billing
purposes
13 InsectVermin Control The Concessionaire is responsible for any insect andor vermin control
as determined by the local or state health departments or by the on-site Park Supervisor
14 Refuse Disposal The Concessionaire at hisher own expense shall be responsible for the
disposal and removal of all recyclables and trash generated by said concession operation
15 General Maintenance The Concessionaire shall be responsible for maintaining in a clean
sanitary and orderly manner the general area of the State Park in which the Concession is located
DEP representatives or designees may inspect the Concession area at any time
16 Exclusivity The Concessionaire shall have the exclusive right to sell food within the park in
which the Concessionaire is the Lessee with the exception of foods or goods which have prior written
approval for DEP sanctioned events where food andor goods may be sold by the event sponsor or their
authorized agents
17 Rights of Park Visitors The Concessionaire agrees that nothing contained in the terms of the
Concession Contract shall prevent visitors from bringing their own food for their use to the park and
cooking such food for themselves Park visitors may also pre-arrange for private catering services on
department properties with the approval of the on-site Park Supervisor These services may be
permitted with the condition that no financial transactions occur on-site
18 On-Site Staffing Whenever the concession is open for business the Concessionaire must have
present an employee who is a qualified on-site manager That manager must be knowledgeable in all
aspects of operating the concession business
19 Code of Conduct Due to the public service nature of the Concession the Concessionaire and all
employees of the Concessionaire shall conduct themselves in a courteous respectful and professional
manner with all members of the public
20 Appearance The Concessionaire and hisher employees shall be clean and neat in appearance
Wearing an item of uniform eg a shirt hat or badge identifying the name of the Concessionaire
employee or business is encouraged
21 Concession Location The Concessionaire agrees unless specifically authorized in writing by
DEP to do otherwise to confine all sales to the established concession building(s) and further to
confine all advertising to the interior of said concession building(s) In the case of motor vehicle or
better known ldquomobilerdquo concessions the Concessionaire will confine the advertising menu to a sign
either affixed in the most notable area of the vehicle for the public to read or with the Park
Supervisorrsquos approval a movable sign would be acceptable next to the mobile concession vehicle
22 Food Inspection An authorized representative of the DEP shall conduct an annual in-season
food inspection The Concessionaire shall provide a range of food and beverage items (which will
constitute one free meal) to the DEPrsquos representative for food-tasting purposes
23 Financial Reporting By November 15th
of each calendar year that this contract is in force the
Concessionaire shall submit a certified statement of annual gross receipts attested to by a Notary
Page 10 of 10
Public andor a Commissioner of the Superior Court to Department of Environmental Protection
Bureau of Outdoor Recreation State Parks Division 79 Elm Street Hartford CT 06106-5127
24 Revenue DEP shall not assume responsibility for revenue loss directly or indirectly attributable
to actions taken by the DEP resulting from weather or crowd conditions or acts of God Neither shall
DEP assume responsibility for revenue loss directly or indirectly attributable to attendance loss
weather conditions or other uncontrollable phenomena
25 Compliance The Concessionaire agrees to comply with the regulations of the Department of
Environmental Protection regarding State Park and Forest Recreation Areas and with any other
department policy concerning the operation of concessions
Page 2 of 10
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 400 pm on March 6 2009
Proposals for a Food Service Concession must be received by 400 pm on March 24 2009
6 Review Criteria
Ability to meet the terms described in Attachment A of the Sample Contract (enclosed)
Variety of foods and beverages offered
Competitiveness of pricing relative to local standards
Demonstrated experience in food service operations
Amount of proposed rent to be paid to the DEP
7 Instructions for Proposers
A DEPrsquos Official Agency Contact
All proposals and written questions must be submitted to and communications shall be with
Ms Patricia Downes
DEP ndash Bureau of Outdoor Recreation
79 Elm Street
Hartford CT 06106-5127
Phone (860) 424-3504
Fax (860) 424-4070
e-mail patriciadownesctgov
B Proposerrsquos Representatives
Provide the ldquolegalrdquo name title (if applicable) address telephone and FAX numbers e-mail
address(s) and normal hours when you can be reached Social Security or FEIN will be
required when the contract is drafted Note that if Proposer is a Connecticut firm name must be
exactly as registered with the Secretary of State as listed on Concord located at
httpwwwconcord-sotsctgovCONCORDonlineeid=99ampsn=InquiryServlet
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 3 of 10
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 Proposersrsquo Conferences
March 17 2009 Official Answers Released
March 24 2009 by 400 pm Deadline for Submitting Proposals
April 1 2009 Contractor Selection
April 2 2009 Start of Contract Negotiations
April 13 2009 Contracts prepared for signature
E Letter of Intent
Any Proposer intending to respond to this RFP must complete and submit a Letter of Intent
(form attached) to the Official Agency Contact by US mail or facsimile not later than 400 pm
on March 6 2009 As an original signature is required a letter of intent sent by e-mail is
unacceptable The letter of intent is non-binding in that the Proposer is not required to submit
an application Include a written statement that the Proposer has read and accepts the RFPrsquos
conditions (Section 9) the agencyrsquos standard contract and conditions (sample contract
enclosed) and the Statersquos contract compliance requirements (Request for Proposals Section 7
Subsection M and Sample Contract Section 4) in their entirety and without amendment The
statement must be signed by the Proposer Proposers may not attend the Proposers
Conference unless they have submitted a letter of intent
F Proposers Conferences
Proposersrsquo conferences will be held at the times and locations listed below Attendance is
mandatory The Proposer or the proposers designated Representative (as defined in Section 8
Subsection C) must attend the conference Sign-in begins at the times listed below Proposals
will not be accepted unless the Proposer or the Proposers Representative signs the
conference attendance log with 15 minutes of the conference start times listed below
Lake Waramaug SP Kent March 15 2009 at 1000 am
Quaddick SP Thompson March 15 2009 at 400 pm
G Inquiry Procedures
Proposers may submit questions about the RFP to the Official Agency Contact on or before
March 6 2009 All questions must be in writing and submitted by US mail facsimile or e-
mail Questions will not be accepted over the telephone Anonymous questions will not be
answered The agency reserves the right to provide a combined answer to similar questions
Questions received by March 6 2009 will be answered at the Proposers Conference Questions
arising at the Proposers Conference will be answered at the conference The agency will
distribute official answers to any and all questions in the form of a written amendment not
later than March 17 2009 to all Proposers who attended the Proposers Conference Any
Proposer who has not received the amendment within two business days following the
distribution date may contact the Official Agency Contact by telephone to request a copy Any
amendments to this RFP will also be posted by March 17 2009 on the Department of
Administrative Services Contracting Portal
Page 4 of 10
H Confidential Information
Proposers are advised not to include in their proposals any proprietary information The
Connecticut Freedom of Information Act generally requires the disclosure of documents in the
possession of the State upon request of any citizen unless the content of the document falls
within certain categories of exemption An example of an exemption is a ldquotrade secretrdquo as
defined by statute (CGS sect 1-19(b)(5)) If the information is not readily available to the public
from other sources and the Proposer submitting the information requests confidentiality then
the information generally is considered to be ldquogiven in confidencerdquo Confidential information
must be isolated from other material in the proposal and labeled CONFIDENTIAL
I Affidavit Concerning Gifts and Campaign Contributions (NOTE Only required for
proposals with a total value of $50000 or greater)
Pursuant to Public Act 04-245 all Proposers must provide a signed affidavit attesting to
whether or not gifts were provided to certain public officials or State employees during the
two-year period preceding the submission of a proposal In addition pursuant to paragraph 8
of Governor M Jodi Rellrsquos Executive Order No 1 anyone who files an affidavit pursuant to
Public Act 04-245 shall disclose in those affidavits all contributions made to campaigns of
candidates for state-wide public office or the General Assembly Further any Contractor who
is awarded a large State contract shall update the affidavit on an annual basis
J Campaign Contribution Ban
With regard to a State contract as defined in PA 07-1 having a value in a calendar year of
$50000 or more or a combination or series of such agreements or contracts having a value of
$100000 or more the authorized signatory to this submission in response to the States
solicitation expressly acknowledges receipt of the State Elections Enforcement Commissions
notice advising prospective state contractors of state campaign contribution and solicitation
prohibitions and will inform its principals of the contents of the notice See SEEC Form 11
K Minimum Submission Requirements
At a minimum proposals must (1) be submitted before the deadline (2) follow the preferred
format (3) satisfy the packaging and labeling requirements (4) be complete and (5) include
the required affidavits concerning gifts and campaign contributions (if applicable) Proposals
that fail to meet these minimum submission requirements may be disqualified
L Multiple Submissions
Multiple proposals by the same Proposer will be considered Proposals may be for a single
location or for a combination of the locations If bidding on more than one location proposers
are advised to submit a separate proposal for each location Proposals for a combination of
locations will only be considered after the Selection Committee determines that individual
proposals do not fully satisfy the selection criteria
M Contract Compliance Requirements (required for any application exceeding $300000)
See CHRO website for specific forms The following table will assist in determining which
forms are required
Page 5 of 10
Contract Amount Bidder Contract Compliance
Monitoring Report Required and
Affidavit for Certification of
Subcontractors as Minority Business
Enterprises
Affirmative
Action Plan
$0 - $4000 No No
$400001 - $999900 Yes No
$10000 - $250000 Yes No
$250000 or more Yes Yes
The State of Connecticut is an Equal Opportunity and Affirmative Action employer and does
not discriminate in its hiring employment or business practices The State is committed to
complying with the Americans with Disabilities Act of 1990 (ADA) and does not discriminate
on the basis of disability in admission to access to or operation of its programs services or
activities For contracts of $250000 or more provide evidence of the Proposerrsquos ability to meet
the contract compliance requirements for one or more of the following factors (1) success in
implementing an affirmative action plan (2) success in developing an apprenticeship program
complying with sectsect 46a-68-1 to 46a-68-17 inclusive of the Regulations of Connecticut State
Agencies (3) promise to develop and implement a successful affirmative action plan (4)
submission of EEO-1 data indicating that the composition of the Proposerrsquos workforce is at or
near parity in the relevant labor market area or (5) promise to set aside a portion of the contract
for legitimate minority business enterprises
N Style Requirements
To the extent possible proposals should conform to the following specifications (1) be word
processed or typewritten (2) use font size of not less than 10 and not more than 12 points (3)
have margins of not less than 1rdquo on the top bottom and sides of all pages (4) be not more than
10 pages in length including any attachments (5) display the Proposerrsquos name on the header of
each page and (6) display page numbers at the bottom of each page
O Packaging and Labeling Requirements
The proposal must be signed by the Proposer Unsigned proposals will be rejected Proposals
must be submitted in sealed envelopes or packages and be addressed to the Official Agency
Contact The name and address of the Proposer must appear in the upper left corner of the
envelope or package The lower left corner must be labeled Sealed Bid Deadline March 24
2009 A signed original (clearly identified as such) and four exact copies of the proposal must
be submitted An electronic document format may be substituted for the four exact copies
Proposals transmitted by facsimile or email will not be accepted or reviewed
P Meetings with Proposers
At its discretion the Agency may convene meetings with Proposers in order to gain a fuller
understanding of the proposals The meetings may involve demonstrations interviews
presentations or site visits If the agency decides meetings are warranted the Official Agency
Contact will telephone Proposers to make an appointment Any such meetings are tentatively
scheduled to take place 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 6 of 10
A Name of the Contract for which the proposal is being submitted (ie which park or parks)
B Proposers Information
Provide the information requested below
1 Name of Proposer
2 Business Address
3 Telephone Number
4 E-mail Address (If Available)
5 Federal Employer ID Number Social Security Number
C Proposerrsquos Representatives
The Proposer may designate an authorized representative and one alternate who may speak and
act on behalf of the Proposer in all dealings with the agency if necessary Provide the
following information for each individual
1 Names
2 Telephone Numbers 3 Normal Hours of Work
D Individual or Organizational Profile
1 Qualifications
Proposers must be at least 18 years of age and must able to legally work in the
United States of America for the entire term of the contract
Provide a statement of your organizations qualifications and food service
experience Where applicable the statement should include a history of annual gross
receipts for the Proposers three most recent years of operating a food and beverage
concessions
2 Key Personnel and Staffing
Identify the key supervisory and management personnel that will be assigned to this project
Attach resumes reflecting their qualifications including related work experience The
Department must be given advanced notice in writing of the departure of any key personnel
from the project Identify the personnel resources that will be assigned to meet the work
schedule outlined below in Section E Subsection 4
3 Legal Status
If the Proposer is a firm or corporation describe the organizationrsquos legal status (eg sole
proprietorship partnership limited partnership corporation subchapter S corporation)
Report the states in which the organization is registered to do business
Page 7 of 10
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 CGS sect 1-85
E Outline of Work
1 Personnel
Describe who will be working at the concession What is their level of experience in food
service operation and describe the level of supervision will they receive Describe the dress
code and personal hygiene standards
2 Menu
Provide a sample menu with a price list Describe any non-consumable items you would
have for sale (ie sun tan lotion flip-flops etc)
3 Equipment
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 weekendsholidays
weekdays earlylate season and peak season
9 RFP Conditions
A All proposals in response to this RFP are to be the sole property of DEP Proposers are
encouraged not to include in their proposals any information that is proprietary All materials
associated with this procurement process are subject to the terms of State laws defining
freedom of information and privacy and all rules regulations and interpretations resulting from
those laws
B Any product whether acceptable or unacceptable developed under a contract awarded as a
result of the RFP is to be the sole property of DEP
C Timing and sequence of events resulting from this RFP will ultimately be determined by DEP
D The Proposer agrees that the proposal will remain valid for a period of 90 days after the
deadline for submission and may be extended beyond that time by mutual agreement
Page 8 of 10
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 Proposers personnel who do not perform adequately
on the project regardless of whether they were previously approved by DEP
G Any costs and expenses incurred by Proposers in preparing or submitting proposals are the sole
responsibility of the Proposer
H A Proposer must be prepared to present evidence of experience ability service facilities and
financial condition necessary to satisfactorily meet the requirements set forth or implied in the
proposal
I No additions or changes to the original proposal will be allowed after submission While
changes are not permitted clarification of proposals may be required by DEP at the Proposerrsquos
sole cost and expense
J In some cases Proposers may be asked to give demonstrations interviews presentations or
further explanation to the RFPrsquos Screening Committee
K The Proposer represents and warrants that the proposal is not made in connection with any
other Proposer and is in all respects fair and without collusion or fraud The Proposer further
represents and warrants that the Proposer did not participate in any part of the RFP
development process had no knowledge of the specific contents of the RFP prior to its
issuance and that no agent representative or employee of DEP participated directly in the
Proposerrsquos proposal preparation
L All responses to the RFP must conform to instruction Failure to include required signatures
provide the required number of copies meet deadlines answer all questions follow the
required format or failure to comply with any other requirements of this RFP may be
considered appropriate cause for rejection of the response
M The Proposer must accept DEPrsquos standard contract language and conditions (See sample of
standard contract and conditions attached)
N The contract will represent the entire agreement between the Proposer and DEP and will
supersede all prior negotiations representations or agreements alleged or made between the
parties DEP or the State shall assume no liability for payment of services under the terms of
the contract until the successful Proposer is notified that the contract has been accepted and
approved by DEP and by the AGrsquos Office The contract may be amended only by means of a
written instrument signed by DEP the Proposer and the AGrsquos Office
Page 9 of 10
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 andor specifications of the RFP
The DEP also reserves the right to waive technical defect irregularities and omissions if in its
judgment the best interest of DEP will be served DEP reserves the right to correct inaccurate
awards resulting from its clerical errors This may include in extreme circumstances revoking
the awarding of a contract already made to a Proposer and subsequently awarding the contract
to another Proposer Such action on the part of DEP shall not constitute a breach of contract on
the part of DEP since the contract with the initial Proposer is deemed to be void ab initio and of
no effect as if no contract ever existed between DEP and the Proposer
10 Agencyrsquos Standard Contract and Conditions and Statersquos Contract Compliance Requirements
See the attached Sample Concession Contract for standard contract conditions
11 Park Descriptions
A 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 (ie firewood groceries insect repellent bait
etc) and small equipment (ie 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 80659 day use visitors and 14948 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 $18771 in 2007 and
$18055 in 2008
5 The concession building is 900 square feet and was constructed in 1974 It has an
assessed value of $53398 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 10 of 10
B Quaddick State Park Thompson
1 Activities
Swimming
Lake fishing
Boat launch
Picnicking
Field sports
2 Attendance in 2008 was 43000 day use visitors
3 Gross receipts for a food and beverage concession ranged from approximately
$4000 to $12000 between the 1980s and 2004
4 The concession building is 276 square feet It has an assessed value of $8778 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 wwwctgovdepstateparks
Page 1 of 1
LETTER OF INTENT TO SUBMIT A PROPOSAL
State of Connecticut
Department of Environmental Protection
RFP for _________________________ State Park
Return to Ms Patricia Downes
Department of Environmental Protection
Bureau of Outdoor Recreation
79 Elm Street
Hartford CT 06106-5127
860-424-3504 (Phone)
860-424-4070 (FAX)
Return Deadline 400 PM March 6 2009
The individual firm or corporation below intends to submit a proposal in response to the above referenced RFP
Note This letter is a non-binding expression of interest and does not obligate the sender to submit a proposal
The individual firm or corporation below has reviewed and if selected accepts the agencyrsquos standard contract and
conditions (provided in the RFP) in their entirety and without amendment
Name
Mailing Address
Contact Person
Telephone
FAX
Signature
Title Date
Page 1 of 10
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 Staterdquo or ldquoDEPrdquo and
John Doe of the Town of Hartford in the County of Hartford and the State of Connecticut hereinafter referred
to as the ldquoConcessionairerdquo or ldquoContractorrdquo
WITNESSETH
WHEREAS the DEP pursuant to Conn Gen Stat 23-26 has the authority to enter into contractual relations
with persons for the maintenance of concessions and other sources of revenue to be derived from services to the
general public using state parks and WHEREAS the Concessionaire desires to operate the concessions and
render services to the public at
VARIOUS STATE PARKS
NOW THEREFORE it is hereby agreed as follows
1 Duration The DEP hereby grants to the Concessionaire the exclusive right to operate a food and beverage
concession at the above mentioned State Park located in the Town of _________ County of _________ State
of Connecticut from the execution of this contract through September 30 2011 The DEP in its sole discretion
may renew this contract for one 2-year period under the same terms and conditions as outlined in this contract
2 Payment In consideration of said right and privileges the Concessionaire agrees to pay the sum of
$__________ annually payable in the amount of $__________ (50) at the execution of this contract and
$__________ (50) on or before July 15 2009 Beginning in 2010 the semi-annual payment of $__________
(50) shall be made payable by May 15th and July 15
th each year that this contract is in effect If the annual sum
is less than $100000 the sum is due in full at the execution of the contract and by May 15th of each
subsequent year that the contract is in effect All payments shall be made by check draft or money order
payable to Treasurer-State of Connecticut and delivered or mailed to the Department of Environmental
Protection Accounts Receivable 79 Elm Street Hartford Connecticut 06106-5127
3 Attachment ldquoArdquo hereto is incorporated herein by reference and all provisions thereof shall be binding upon
the parties
4 Non-Discrimination
The following subsections are set forth here as required by section 4a-60 of the Connecticut General Statutes as
amended by PA 07-142
(a) Every contract to which the state or any political subdivision of the state other than a municipality is a
party shall contain the following provisions (1) The contractor agrees and warrants that in the performance of
the contract such contractor will not discriminate or permit discrimination against any person or group of
persons on the grounds of race color religious creed age marital status national origin ancestry sex mental
retardation or physical disability including but not limited to blindness unless it is shown by such contractor
that such disability prevents performance of the work involved in any manner prohibited by the laws of the
Page 2 of 10
United States or of the state of Connecticut The contractor further agrees to take affirmative action to insure
that applicants with job-related qualifications are employed and that employees are treated when employed
without regard to their race color religious creed age marital status national origin ancestry sex mental
retardation or physical disability including but not limited to blindness unless it is shown by such
contractor that such disability prevents performance of the work involved (2) the contractor agrees in all
solicitations or advertisements for employees placed by or on behalf of the contractor to state that it is an
affirmative action-equal opportunity employer in accordance with regulations adopted by the commission
(3) the contractor agrees to provide each labor union or representative of workers with which such contractor
has a collective bargaining agreement or other contract or understanding and each vendor with which such
contractor has a contract or understanding a notice to be provided by the commission advising the labor union
or workers representative of the contractors commitments under this section and to post copies of the notice
in conspicuous places available to employees and applicants for employment (4) the contractor agrees to
comply with each provision of this section and sections 46a-68e and 46a-68f and with each regulation or
relevant order issued by said commission pursuant to sections 46a-56 as amended by this act 46a-68e and
46a-68f (5) the contractor agrees to provide the Commission on Human Rights and Opportunities with such
information requested by the commission and permit access to pertinent books records and accounts
concerning the employment practices and procedures of the contractor as relate to the provisions of this
section and section 46a-56 as amended by this act If the contract is a public works contract the contractor
agrees and warrants that he will make good faith efforts to employ minority business enterprises as
subcontractors and suppliers of materials on such public works project Prior to entering into the contract the
contractor shall provide the state or such political subdivision of the state with documentation in the form of a
company or corporate policy adopted by resolution of the board of directors shareholders managers
members or other governing body of such contractor to support the nondiscrimination agreement and warranty
under subdivision (1) of this subsection For the purposes of this section contract includes any extension or
modification of the contract and contractor includes any successors or assigns of the contractor
(b) For the purposes of this section minority business enterprise means any small contractor or supplier of
materials fifty-one per cent or more of the capital stock if any or assets of which is owned by a person or
persons (1) Who are active in the daily affairs of the enterprise (2) who have the power to direct the
management and policies of the enterprise and (3) who are members of a minority as such term is defined in
subsection (a) of section 32-9n and good faith means that degree of diligence which a reasonable person
would exercise in the performance of legal duties and obligations Good faith efforts shall include but not
be limited to those reasonable initial efforts necessary to comply with statutory or regulatory requirements
and additional or substituted efforts when it is determined that such initial efforts will not be sufficient to
comply with such requirements
(c) Determination of the contractors good faith efforts shall include but shall not be limited to the following
factors The contractors employment and subcontracting policies patterns and practices affirmative
advertising recruitment and training technical assistance activities and such other reasonable activities or
efforts as the commission may prescribe that are designed to ensure the participation of minority business
enterprises in public works projects
(d) The contractor shall develop and maintain adequate documentation in a manner prescribed by the
commission of its good faith efforts
(e) The contractor shall include the provisions of subsection (a) of this section in every subcontract or
purchase order entered into in order to fulfill any obligation of a contract with the state and such provisions
shall be binding on a subcontractor vendor or manufacturer unless exempted by regulations or orders of the
commission The contractor shall take such action with respect to any such subcontract or purchase order as
the commission may direct as a means of enforcing such provisions including sanctions for noncompliance in
accordance with section 46a-56 provided if such contractor becomes involved in or is threatened with
litigation with a subcontractor or vendor as a result of such direction by the commission the contractor may
request the state of Connecticut to enter into any such litigation or negotiation prior thereto to protect the
interests of the state and the state may so enter
Page 3 of 10
The following subsections are set forth here as required by section 4a-60a of the Connecticut General Statutes
as amended by PA 07-142
(a) Every contract to which the state or any political subdivision of the state other than a municipality is a
party shall contain the following provisions (1) The contractor agrees and warrants that in the performance of
the contract such contractor will not discriminate or permit discrimination against any person or group of
persons on the grounds of sexual orientation in any manner prohibited by the laws of the United States or of
the state of Connecticut and that employees are treated when employed without regard to their sexual
orientation (2) the contractor agrees to provide each labor union or representative of workers with which such
contractor has a collective bargaining agreement or other contract or understanding and each vendor with
which such contractor has a contract or understanding a notice to be provided by the Commission on Human
Rights and Opportunities advising the labor union or workers representative of the contractors commitments
under this section and to post copies of the notice in conspicuous places available to employees and
applicants for employment (3) the contractor agrees to comply with each provision of this section and with
each regulation or relevant order issued by said commission pursuant to section 46a-56 as amended by this
act (4) the contractor agrees to provide the Commission on Human Rights and Opportunities with such
information requested by the commission and permit access to pertinent books records and accounts
concerning the employment practices and procedures of the contractor which relate to the provisions of this
section and section 46a-56 as amended by this act Prior to entering into the contract the contractor shall
provide the state or such political subdivision of the state with documentation in the form of a company or
corporate policy adopted by resolution of the board of directors shareholders managers members or other
governing body of such contractor to support the nondiscrimination agreement and warranty under
subdivision (1) of this subsection For the purposes of this section contract includes any extension or
modification of the contract and contractor includes any successors or assigns of the contractor
(b) The contractor shall include the provisions of subsection (a) of this section in every subcontract or
purchase order entered into in order to fulfill any obligation of a contract with the state and such provisions
shall be binding on a subcontractor vendor or manufacturer unless exempted by regulations or orders of the
commission The contractor shall take such action with respect to any such subcontract or purchase order as
the commission may direct as a means of enforcing such provisions including sanctions for noncompliance in
accordance with section 46a-56 provided if such contractor becomes involved in or is threatened with
litigation with a subcontractor or vendor as a result of such direction by the commission the contractor may
request the state of Connecticut to enter into any such litigation or negotiation prior thereto to protect the
interests of the state and the state may so enter
5 Executive Orders The Contract is subject to the provisions of Executive Order No Three of Governor
Thomas J Meskill promulgated June 16 1971 concerning labor employment practices Executive Order No
Seventeen of Governor Thomas J Meskill promulgated February 15 1973 concerning the listing of
employment openings and Executive Order No Sixteen of Governor John G Rowland promulgated August 4
1999 concerning violence in the workplace all of which are incorporated into and are made a part of the
Contract as if they had been fully set forth in it At the Contractorrsquos request the Client Agency shall provide a
copy of these orders to the Contractor The Contract may also be subject to Executive Order No 7C of
Governor M Jodi Rell promulgated July 13 2006 concerning contracting reforms and Executive Order No 14
of Governor M Jodi Rell promulgated April 17 2006 concerning procurement of cleaning products and
services in accordance with their respective terms and conditions
6 Clarifications In case of conflicts discrepancies errors or omissions among the various parts of this
contract any such matter shall be submitted immediately by Contractor to the State for clarification The State
shall issue clarification within a reasonable period of time Any services affected by such conflicts
discrepancies errors or omissions which are performed by Contractor prior to clarification by the State shall be
at Contractorrsquos risk
7 Indemnification (a) The Contractor shall indemnify defend and hold harmless the State and its officers
representatives agents servants employees successors and assigns from and against any and all (1) Claims
arising directly or indirectly in connection with the Contract including the acts of commission or omission
Page 4 of 10
(collectively the Acts) of the Contractor or Contractor Parties and (2) liabilities damages losses costs and
expenses including but not limited to attorneys and other professionals fees arising directly or indirectly in
connection with Claims Acts or the Contract The Contractor shall use counsel reasonably acceptable to the
State in carrying out its obligations under this section The Contractorrsquos obligations under this section to
indemnify defend and hold harmless against Claims includes Claims concerning confidentiality of any part of
or all of the Bid or any Records any intellectual property rights other proprietary rights of any person or entity
copyrighted or uncopyrighted compositions secret processes patented or unpatented inventions articles or
appliances furnished or used in the Performance of the Contract
(b) The Contractor shall reimburse the State for any and all damages to the real or personal property of the State
caused by the Acts of the Contractor or any Contractor Parties The State shall give the Contractor reasonable
notice of any such Claims
(c) The Contractorrsquos duties under this section shall remain fully in effect and binding in accordance with the
terms and conditions of the Contract without being lessened or compromised in any way even where the
Contractor is alleged or is found to have merely contributed in part to the Acts giving rise to the Claims andor
where the State is alleged or is found to have contributed to the Acts giving rise to the Claims
(d) The Contractor shall carry and maintain at all times during the term of the Contract and during the time that
any provisions survive the term of the Contract sufficient general liability insurance to satisfy its obligations
under this Contract The Contractor shall name the State as an additional insured on the policy and shall provide
a copy of the policy to the Agency prior to the effective date of the Contract The Contractor shall not begin
Performance until the delivery of the policy to the Agency
(e) The rights provided in this section for the benefit of the State shall encompass the recovery of attorneysrsquo and
other professionalsrsquo fees expended in pursuing a Claim against a third party
(f) This section shall survive the Termination Cancellation or Expiration of the Contract and shall not be
limited by reason of any insurance coverage
8 Amendments
Formal written amendment of the contract is required for changes to the final date of the contract period and to
terms and conditions specifically stated in the original contract and any prior amendments including but not
limited to
a The contractrsquos objectives services or plan
b Completion of objectives or services and
c Any other contract revisions determined material by the DEP
9 Change in Principal Project Staff Any changes in the principal project staff must be requested in writing
and approved in writing by the Commissioner or the Commissionerrsquos authorized representative at their sole
discretion In the event of any unapproved change in principal project staff the DEP may in its sole discretion
terminate or cancel this contract
10 Assignability The Contractor shall not assign any interest in this contract and shall not transfer any
interest in the same (whether by assignment or novation) without the prior written consent of the DEP thereto
provided however that claims for money due or to become due the Contractor from the DEP under this contract
may be assigned to a bank trust company or other financial institution without such approval Notice of any
assignment or transfer shall be furnished promptly to the DEP
11 Definition of ldquoExecutionrdquo This contract shall be fully executed when it has been signed by authorized
representatives of the parties and if it is for an amount exceeding three thousand dollars ($300000) by the
authorized representative of the state Attorney Generalrsquos Office
12 Sovereign Immunity The parties acknowledge and agree that nothing in the Solicitation or the Contract
shall be construed as a modification compromise or waiver by the State of any rights or defenses of any
immunities provided by Federal Law or the laws of the State of Connecticut to the State or any of its officers
Page 5 of 10
employees which may have had now have or will have with respect to all matters arising out of the Contract
To the extent that this section conflicts with any other section this section shall govern
13 CancellationTermination The DEP may cancel this contract for cause on five (5) daysrsquo notice A request
for termination of this contract by the Concessionaire or Contractor for a just cause will require approval by the
DEP Any cancellation or request for cancellation of this contract shall be submitted in writing and sent by
certified mail to
DEP
Bureau of Outdoor Recreation
Division of State Parks and Public Outreach
79 Elm Street
Hartford CT 06106-5127
Concessionaire
Mr John Doe
123 ABC Drive
Hartford CT 06000
Notwithstanding any provisions in this contract DEP through a duly authorized employee may terminate the
contract whenever the agency makes a written determination that such termination is in the best interests of the
State
If the DEP cancels this contract for causes listed below or if the Concessionaire terminates this contract prior to
the end of its full term without the consent of the State Parks Division the Concessionaire shall forfeit hisher
rights to bid on future concessions under the control of the State Parks Division and any prior payments received
by the State of Connecticut
a Failure by the Concessionaire to make annual payment during any time the contract is in force
shall be considered cause for cancellation by the DEP
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 6 of 10
it may now have or will have to the laying of venue of any Claims in any forum and further irrevocably submits
to such jurisdiction in any suit action or proceeding
15 Severability If any term or provision of the Contract or its application to any person entity or
circumstance shall to any extent be held to be invalid or unenforceable the remainder of the Contract or the
application of such term or provision shall not be affected as to persons entities or circumstances other than
those as to whom or to which it is held to be invalid or unenforceable Each remaining term and provision of the
Contract shall be valid and enforced to the fullest extent possible by law
16 Nondisclosure The Contactor shall not release any information concerning the services provided pursuant
to the Agreement or any part thereof to any member of the public press business entity or any official body
unless prior written consent is obtained from the State
The parties have hereunto set their hands
SIGNED AND DELIVERED below
STATE OF CONNECTICUT
By ____________________________(LS)
Thomas M Morrissey
Chief Bureau of Outdoor Recreation
Department of Environmental Protection
Date __________________
By____________________________ (LS)
John Doe
Concessionaire
Date _________________
APPROVED AS TO FORM
By ____________________________________ on ________________________
Assistant Attorney General
Page 7 of 10
(VARIOUS STATE PARKS CONCESSION CONTRACT)
ldquoATTACHMENT Ardquo
THE CONCESSIONAIRE AGREES TO THE FOLLOWING CONDITIONS
1 Insurance The Concessionaire shall furnish evidence of insurance A Certificate of Insurance
covering the whole period of the Concession contract shall reflect the following limits and shall be
submitted by the awarded Concessionaire to the Department of Environmental Protection
Commercial General Liability insurance providing a total limit of $1000000 for all damages
arising out of bodily injury to or death of all persons in any accident or occurrence and for all damages
arising out of injury to or destruction of property in any one accident or occurrence In cases where
any insurance policy shows an aggregate limit the aggregate limit shall not be less than $2000000
The operation of all motor vehicles including those hired or borrowed used in connection with
this contract shall be covered by Automobile Liability insurance providing for a total limit of
$1000000 for all damages arising out of bodily injuries or death of all persons in any one accident or
occurrence for all damages arising out of injury or destruction of property in any one accident or
occurrence In cases where an insurance policy shows an aggregate limit the limit shall not be less
than $2000000
The State of Connecticut shall be listed as an Additional Insured on all required coverage Said
coverage is to be provided by insurance companies licensed by the State of Connecticut Any
deductibles or self-insured retentions must be declared and approved by the State
With respect to all operations performed by the Concessionaire the Concessionaire shall carry
Workerrsquos Compensation insurance in accordance with the requirements of the laws of the State of
Connecticut
2 Item and Price List The Concessionaire shall forward by April 1 of each year of this agreement
a price list of all commodities andor souvenirs for sale to the Department of Environmental Protection
Bureau of Outdoor Recreation State Parks Division 79 Elm Street Hartford CT 06106-5127 for
approval for each subsequent year of the contract Any price increases are subject to the prior written
approval of the State Parks Division The Concessionaire shall post a price list of all commodities for
sale in full public view while in operation
The Concessionaire shall be allowed to sell souvenirs provided they are approved by the Division of
State Parks and Public Outreach however if the park name is used on souvenirs or items of clothing
the complete park name shall be used such as ldquoVarious State Parkrdquo not just ldquoVarious Parkrdquo
The Concessionaire warrants that all goods offered for sale shall not exceed in price nor be substandard
in quality or quantity to like articles sold in the surrounding community
Page 8 of 10
3 Sunscreen All Concessionairersquos that operate a concession in a beach park shall have available for
sale to the general public sunscreen with a Sun Protection Factor (SPF) of at least 15 for adults and
SPF 45 for children
4 Use of Biodegradable Products The Department of Environmental Protection encourages the
Concessionaire to use biodegradable products and packaging in its operations ie paper products or
products containing recycled contents only
5 Non-Glass Containers All liquids dispensed by the Concessionaire shall be in non-glass
containers
6 Prohibitions
The Concessionaire shall not sell flotation devices of any kind beach balls snorkels
facemasks or similar articles
The Concessionaire shall not sell dispense or give away alcoholic beverages
The Concessionaire shall not permit gratuities to employees of the State of Connecticut
No video or pinball games shall be permitted
No vending machines shall be permitted
7 Hours of Operation The Concessionaire shall open the concession(s) every day no later than 10 am
except during inclement weather and the concession shall remain open until three hours before but not later
than sunset from the date the contract is executed through Labor Day weekend For all remaining years of
the contract after 2009 the concession shall be open from Memorial Day through Labor Day weekend
Exceptions to this schedule shall be established through joint agreement of the on-site Park Supervisor and
the Concessionaire When closing due to inclement weather the on-site Park Supervisor must be notified
The Concessionaire shall keep a log where the concession is located of all early closures and shall submit a
season-end report to the Park Supervisor at the close of the concession season but no later than October 15th
8 Health Department Inspections The Concessionaire is responsible for scheduling inspections by
the appropriate local health department at the beginning of concession operations and thereafter
annually prior to April 15th
of each year this agreement is in effect The Concessionaire is responsible
for and shall directly pay for any fees charged for such inspections THE CONCESSIONAIRE
WILL BE RESPONSIBLE FOR OBTAINING AN ANNUAL PERMIT FROM THE LOCAL
HEALTH DEPARTMENT FOR THE TOWN THAT THE RESPECTIVE PARK IS
LOCATED A CURRENT PERMIT WILL BE OBTAINED EACH YEAR THE CONTRACT
IS IN FORCE AND MUST BE RECEIVED BY THE DEP DIVISION OF STATE PARKS AND
PUBLIC OUTREACH 79 ELM STREET HARTFORD CT 06106-5127 PRIOR TO
OPENING THE CONCESSION OPERATION
9 Public Health Code The Concessionaire agrees to conform to the Public Health Code of the State
of Connecticut concerning the storage handling and vending of food
10 State-Owned Equipment The Concessionaire shall be responsible for the use of all State-owned
equipment and agrees to replace articles lost or damaged other than those damaged by usual wear
resulting from concession use
11 State Property The Concessionaire shall install no fixed equipment nor make any physical
changes to State property without the prior written approval of DEP Any improvements andor
permanent fixtures approved by the DEP and provided by the Concessionaire during the contract term
shall become the property of the State of Connecticut at the termination of this agreement
Page 9 of 10
12 Utilities and Suppliers For billing purposes with Concessionaires utility companies and
suppliers the Concessionaire shall always use the name referred to as the ldquoConcessionairerdquo or
ldquoContractorrdquo At no time shall the Concessionaire use the state parkrsquos name and address for billing
purposes
13 InsectVermin Control The Concessionaire is responsible for any insect andor vermin control
as determined by the local or state health departments or by the on-site Park Supervisor
14 Refuse Disposal The Concessionaire at hisher own expense shall be responsible for the
disposal and removal of all recyclables and trash generated by said concession operation
15 General Maintenance The Concessionaire shall be responsible for maintaining in a clean
sanitary and orderly manner the general area of the State Park in which the Concession is located
DEP representatives or designees may inspect the Concession area at any time
16 Exclusivity The Concessionaire shall have the exclusive right to sell food within the park in
which the Concessionaire is the Lessee with the exception of foods or goods which have prior written
approval for DEP sanctioned events where food andor goods may be sold by the event sponsor or their
authorized agents
17 Rights of Park Visitors The Concessionaire agrees that nothing contained in the terms of the
Concession Contract shall prevent visitors from bringing their own food for their use to the park and
cooking such food for themselves Park visitors may also pre-arrange for private catering services on
department properties with the approval of the on-site Park Supervisor These services may be
permitted with the condition that no financial transactions occur on-site
18 On-Site Staffing Whenever the concession is open for business the Concessionaire must have
present an employee who is a qualified on-site manager That manager must be knowledgeable in all
aspects of operating the concession business
19 Code of Conduct Due to the public service nature of the Concession the Concessionaire and all
employees of the Concessionaire shall conduct themselves in a courteous respectful and professional
manner with all members of the public
20 Appearance The Concessionaire and hisher employees shall be clean and neat in appearance
Wearing an item of uniform eg a shirt hat or badge identifying the name of the Concessionaire
employee or business is encouraged
21 Concession Location The Concessionaire agrees unless specifically authorized in writing by
DEP to do otherwise to confine all sales to the established concession building(s) and further to
confine all advertising to the interior of said concession building(s) In the case of motor vehicle or
better known ldquomobilerdquo concessions the Concessionaire will confine the advertising menu to a sign
either affixed in the most notable area of the vehicle for the public to read or with the Park
Supervisorrsquos approval a movable sign would be acceptable next to the mobile concession vehicle
22 Food Inspection An authorized representative of the DEP shall conduct an annual in-season
food inspection The Concessionaire shall provide a range of food and beverage items (which will
constitute one free meal) to the DEPrsquos representative for food-tasting purposes
23 Financial Reporting By November 15th
of each calendar year that this contract is in force the
Concessionaire shall submit a certified statement of annual gross receipts attested to by a Notary
Page 10 of 10
Public andor a Commissioner of the Superior Court to Department of Environmental Protection
Bureau of Outdoor Recreation State Parks Division 79 Elm Street Hartford CT 06106-5127
24 Revenue DEP shall not assume responsibility for revenue loss directly or indirectly attributable
to actions taken by the DEP resulting from weather or crowd conditions or acts of God Neither shall
DEP assume responsibility for revenue loss directly or indirectly attributable to attendance loss
weather conditions or other uncontrollable phenomena
25 Compliance The Concessionaire agrees to comply with the regulations of the Department of
Environmental Protection regarding State Park and Forest Recreation Areas and with any other
department policy concerning the operation of concessions
Page 3 of 10
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 Proposersrsquo Conferences
March 17 2009 Official Answers Released
March 24 2009 by 400 pm Deadline for Submitting Proposals
April 1 2009 Contractor Selection
April 2 2009 Start of Contract Negotiations
April 13 2009 Contracts prepared for signature
E Letter of Intent
Any Proposer intending to respond to this RFP must complete and submit a Letter of Intent
(form attached) to the Official Agency Contact by US mail or facsimile not later than 400 pm
on March 6 2009 As an original signature is required a letter of intent sent by e-mail is
unacceptable The letter of intent is non-binding in that the Proposer is not required to submit
an application Include a written statement that the Proposer has read and accepts the RFPrsquos
conditions (Section 9) the agencyrsquos standard contract and conditions (sample contract
enclosed) and the Statersquos contract compliance requirements (Request for Proposals Section 7
Subsection M and Sample Contract Section 4) in their entirety and without amendment The
statement must be signed by the Proposer Proposers may not attend the Proposers
Conference unless they have submitted a letter of intent
F Proposers Conferences
Proposersrsquo conferences will be held at the times and locations listed below Attendance is
mandatory The Proposer or the proposers designated Representative (as defined in Section 8
Subsection C) must attend the conference Sign-in begins at the times listed below Proposals
will not be accepted unless the Proposer or the Proposers Representative signs the
conference attendance log with 15 minutes of the conference start times listed below
Lake Waramaug SP Kent March 15 2009 at 1000 am
Quaddick SP Thompson March 15 2009 at 400 pm
G Inquiry Procedures
Proposers may submit questions about the RFP to the Official Agency Contact on or before
March 6 2009 All questions must be in writing and submitted by US mail facsimile or e-
mail Questions will not be accepted over the telephone Anonymous questions will not be
answered The agency reserves the right to provide a combined answer to similar questions
Questions received by March 6 2009 will be answered at the Proposers Conference Questions
arising at the Proposers Conference will be answered at the conference The agency will
distribute official answers to any and all questions in the form of a written amendment not
later than March 17 2009 to all Proposers who attended the Proposers Conference Any
Proposer who has not received the amendment within two business days following the
distribution date may contact the Official Agency Contact by telephone to request a copy Any
amendments to this RFP will also be posted by March 17 2009 on the Department of
Administrative Services Contracting Portal
Page 4 of 10
H Confidential Information
Proposers are advised not to include in their proposals any proprietary information The
Connecticut Freedom of Information Act generally requires the disclosure of documents in the
possession of the State upon request of any citizen unless the content of the document falls
within certain categories of exemption An example of an exemption is a ldquotrade secretrdquo as
defined by statute (CGS sect 1-19(b)(5)) If the information is not readily available to the public
from other sources and the Proposer submitting the information requests confidentiality then
the information generally is considered to be ldquogiven in confidencerdquo Confidential information
must be isolated from other material in the proposal and labeled CONFIDENTIAL
I Affidavit Concerning Gifts and Campaign Contributions (NOTE Only required for
proposals with a total value of $50000 or greater)
Pursuant to Public Act 04-245 all Proposers must provide a signed affidavit attesting to
whether or not gifts were provided to certain public officials or State employees during the
two-year period preceding the submission of a proposal In addition pursuant to paragraph 8
of Governor M Jodi Rellrsquos Executive Order No 1 anyone who files an affidavit pursuant to
Public Act 04-245 shall disclose in those affidavits all contributions made to campaigns of
candidates for state-wide public office or the General Assembly Further any Contractor who
is awarded a large State contract shall update the affidavit on an annual basis
J Campaign Contribution Ban
With regard to a State contract as defined in PA 07-1 having a value in a calendar year of
$50000 or more or a combination or series of such agreements or contracts having a value of
$100000 or more the authorized signatory to this submission in response to the States
solicitation expressly acknowledges receipt of the State Elections Enforcement Commissions
notice advising prospective state contractors of state campaign contribution and solicitation
prohibitions and will inform its principals of the contents of the notice See SEEC Form 11
K Minimum Submission Requirements
At a minimum proposals must (1) be submitted before the deadline (2) follow the preferred
format (3) satisfy the packaging and labeling requirements (4) be complete and (5) include
the required affidavits concerning gifts and campaign contributions (if applicable) Proposals
that fail to meet these minimum submission requirements may be disqualified
L Multiple Submissions
Multiple proposals by the same Proposer will be considered Proposals may be for a single
location or for a combination of the locations If bidding on more than one location proposers
are advised to submit a separate proposal for each location Proposals for a combination of
locations will only be considered after the Selection Committee determines that individual
proposals do not fully satisfy the selection criteria
M Contract Compliance Requirements (required for any application exceeding $300000)
See CHRO website for specific forms The following table will assist in determining which
forms are required
Page 5 of 10
Contract Amount Bidder Contract Compliance
Monitoring Report Required and
Affidavit for Certification of
Subcontractors as Minority Business
Enterprises
Affirmative
Action Plan
$0 - $4000 No No
$400001 - $999900 Yes No
$10000 - $250000 Yes No
$250000 or more Yes Yes
The State of Connecticut is an Equal Opportunity and Affirmative Action employer and does
not discriminate in its hiring employment or business practices The State is committed to
complying with the Americans with Disabilities Act of 1990 (ADA) and does not discriminate
on the basis of disability in admission to access to or operation of its programs services or
activities For contracts of $250000 or more provide evidence of the Proposerrsquos ability to meet
the contract compliance requirements for one or more of the following factors (1) success in
implementing an affirmative action plan (2) success in developing an apprenticeship program
complying with sectsect 46a-68-1 to 46a-68-17 inclusive of the Regulations of Connecticut State
Agencies (3) promise to develop and implement a successful affirmative action plan (4)
submission of EEO-1 data indicating that the composition of the Proposerrsquos workforce is at or
near parity in the relevant labor market area or (5) promise to set aside a portion of the contract
for legitimate minority business enterprises
N Style Requirements
To the extent possible proposals should conform to the following specifications (1) be word
processed or typewritten (2) use font size of not less than 10 and not more than 12 points (3)
have margins of not less than 1rdquo on the top bottom and sides of all pages (4) be not more than
10 pages in length including any attachments (5) display the Proposerrsquos name on the header of
each page and (6) display page numbers at the bottom of each page
O Packaging and Labeling Requirements
The proposal must be signed by the Proposer Unsigned proposals will be rejected Proposals
must be submitted in sealed envelopes or packages and be addressed to the Official Agency
Contact The name and address of the Proposer must appear in the upper left corner of the
envelope or package The lower left corner must be labeled Sealed Bid Deadline March 24
2009 A signed original (clearly identified as such) and four exact copies of the proposal must
be submitted An electronic document format may be substituted for the four exact copies
Proposals transmitted by facsimile or email will not be accepted or reviewed
P Meetings with Proposers
At its discretion the Agency may convene meetings with Proposers in order to gain a fuller
understanding of the proposals The meetings may involve demonstrations interviews
presentations or site visits If the agency decides meetings are warranted the Official Agency
Contact will telephone Proposers to make an appointment Any such meetings are tentatively
scheduled to take place 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 6 of 10
A Name of the Contract for which the proposal is being submitted (ie which park or parks)
B Proposers Information
Provide the information requested below
1 Name of Proposer
2 Business Address
3 Telephone Number
4 E-mail Address (If Available)
5 Federal Employer ID Number Social Security Number
C Proposerrsquos Representatives
The Proposer may designate an authorized representative and one alternate who may speak and
act on behalf of the Proposer in all dealings with the agency if necessary Provide the
following information for each individual
1 Names
2 Telephone Numbers 3 Normal Hours of Work
D Individual or Organizational Profile
1 Qualifications
Proposers must be at least 18 years of age and must able to legally work in the
United States of America for the entire term of the contract
Provide a statement of your organizations qualifications and food service
experience Where applicable the statement should include a history of annual gross
receipts for the Proposers three most recent years of operating a food and beverage
concessions
2 Key Personnel and Staffing
Identify the key supervisory and management personnel that will be assigned to this project
Attach resumes reflecting their qualifications including related work experience The
Department must be given advanced notice in writing of the departure of any key personnel
from the project Identify the personnel resources that will be assigned to meet the work
schedule outlined below in Section E Subsection 4
3 Legal Status
If the Proposer is a firm or corporation describe the organizationrsquos legal status (eg sole
proprietorship partnership limited partnership corporation subchapter S corporation)
Report the states in which the organization is registered to do business
Page 7 of 10
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 CGS sect 1-85
E Outline of Work
1 Personnel
Describe who will be working at the concession What is their level of experience in food
service operation and describe the level of supervision will they receive Describe the dress
code and personal hygiene standards
2 Menu
Provide a sample menu with a price list Describe any non-consumable items you would
have for sale (ie sun tan lotion flip-flops etc)
3 Equipment
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 weekendsholidays
weekdays earlylate season and peak season
9 RFP Conditions
A All proposals in response to this RFP are to be the sole property of DEP Proposers are
encouraged not to include in their proposals any information that is proprietary All materials
associated with this procurement process are subject to the terms of State laws defining
freedom of information and privacy and all rules regulations and interpretations resulting from
those laws
B Any product whether acceptable or unacceptable developed under a contract awarded as a
result of the RFP is to be the sole property of DEP
C Timing and sequence of events resulting from this RFP will ultimately be determined by DEP
D The Proposer agrees that the proposal will remain valid for a period of 90 days after the
deadline for submission and may be extended beyond that time by mutual agreement
Page 8 of 10
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 Proposers personnel who do not perform adequately
on the project regardless of whether they were previously approved by DEP
G Any costs and expenses incurred by Proposers in preparing or submitting proposals are the sole
responsibility of the Proposer
H A Proposer must be prepared to present evidence of experience ability service facilities and
financial condition necessary to satisfactorily meet the requirements set forth or implied in the
proposal
I No additions or changes to the original proposal will be allowed after submission While
changes are not permitted clarification of proposals may be required by DEP at the Proposerrsquos
sole cost and expense
J In some cases Proposers may be asked to give demonstrations interviews presentations or
further explanation to the RFPrsquos Screening Committee
K The Proposer represents and warrants that the proposal is not made in connection with any
other Proposer and is in all respects fair and without collusion or fraud The Proposer further
represents and warrants that the Proposer did not participate in any part of the RFP
development process had no knowledge of the specific contents of the RFP prior to its
issuance and that no agent representative or employee of DEP participated directly in the
Proposerrsquos proposal preparation
L All responses to the RFP must conform to instruction Failure to include required signatures
provide the required number of copies meet deadlines answer all questions follow the
required format or failure to comply with any other requirements of this RFP may be
considered appropriate cause for rejection of the response
M The Proposer must accept DEPrsquos standard contract language and conditions (See sample of
standard contract and conditions attached)
N The contract will represent the entire agreement between the Proposer and DEP and will
supersede all prior negotiations representations or agreements alleged or made between the
parties DEP or the State shall assume no liability for payment of services under the terms of
the contract until the successful Proposer is notified that the contract has been accepted and
approved by DEP and by the AGrsquos Office The contract may be amended only by means of a
written instrument signed by DEP the Proposer and the AGrsquos Office
Page 9 of 10
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 andor specifications of the RFP
The DEP also reserves the right to waive technical defect irregularities and omissions if in its
judgment the best interest of DEP will be served DEP reserves the right to correct inaccurate
awards resulting from its clerical errors This may include in extreme circumstances revoking
the awarding of a contract already made to a Proposer and subsequently awarding the contract
to another Proposer Such action on the part of DEP shall not constitute a breach of contract on
the part of DEP since the contract with the initial Proposer is deemed to be void ab initio and of
no effect as if no contract ever existed between DEP and the Proposer
10 Agencyrsquos Standard Contract and Conditions and Statersquos Contract Compliance Requirements
See the attached Sample Concession Contract for standard contract conditions
11 Park Descriptions
A 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 (ie firewood groceries insect repellent bait
etc) and small equipment (ie 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 80659 day use visitors and 14948 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 $18771 in 2007 and
$18055 in 2008
5 The concession building is 900 square feet and was constructed in 1974 It has an
assessed value of $53398 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 10 of 10
B Quaddick State Park Thompson
1 Activities
Swimming
Lake fishing
Boat launch
Picnicking
Field sports
2 Attendance in 2008 was 43000 day use visitors
3 Gross receipts for a food and beverage concession ranged from approximately
$4000 to $12000 between the 1980s and 2004
4 The concession building is 276 square feet It has an assessed value of $8778 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 wwwctgovdepstateparks
Page 1 of 1
LETTER OF INTENT TO SUBMIT A PROPOSAL
State of Connecticut
Department of Environmental Protection
RFP for _________________________ State Park
Return to Ms Patricia Downes
Department of Environmental Protection
Bureau of Outdoor Recreation
79 Elm Street
Hartford CT 06106-5127
860-424-3504 (Phone)
860-424-4070 (FAX)
Return Deadline 400 PM March 6 2009
The individual firm or corporation below intends to submit a proposal in response to the above referenced RFP
Note This letter is a non-binding expression of interest and does not obligate the sender to submit a proposal
The individual firm or corporation below has reviewed and if selected accepts the agencyrsquos standard contract and
conditions (provided in the RFP) in their entirety and without amendment
Name
Mailing Address
Contact Person
Telephone
FAX
Signature
Title Date
Page 1 of 10
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 Staterdquo or ldquoDEPrdquo and
John Doe of the Town of Hartford in the County of Hartford and the State of Connecticut hereinafter referred
to as the ldquoConcessionairerdquo or ldquoContractorrdquo
WITNESSETH
WHEREAS the DEP pursuant to Conn Gen Stat 23-26 has the authority to enter into contractual relations
with persons for the maintenance of concessions and other sources of revenue to be derived from services to the
general public using state parks and WHEREAS the Concessionaire desires to operate the concessions and
render services to the public at
VARIOUS STATE PARKS
NOW THEREFORE it is hereby agreed as follows
1 Duration The DEP hereby grants to the Concessionaire the exclusive right to operate a food and beverage
concession at the above mentioned State Park located in the Town of _________ County of _________ State
of Connecticut from the execution of this contract through September 30 2011 The DEP in its sole discretion
may renew this contract for one 2-year period under the same terms and conditions as outlined in this contract
2 Payment In consideration of said right and privileges the Concessionaire agrees to pay the sum of
$__________ annually payable in the amount of $__________ (50) at the execution of this contract and
$__________ (50) on or before July 15 2009 Beginning in 2010 the semi-annual payment of $__________
(50) shall be made payable by May 15th and July 15
th each year that this contract is in effect If the annual sum
is less than $100000 the sum is due in full at the execution of the contract and by May 15th of each
subsequent year that the contract is in effect All payments shall be made by check draft or money order
payable to Treasurer-State of Connecticut and delivered or mailed to the Department of Environmental
Protection Accounts Receivable 79 Elm Street Hartford Connecticut 06106-5127
3 Attachment ldquoArdquo hereto is incorporated herein by reference and all provisions thereof shall be binding upon
the parties
4 Non-Discrimination
The following subsections are set forth here as required by section 4a-60 of the Connecticut General Statutes as
amended by PA 07-142
(a) Every contract to which the state or any political subdivision of the state other than a municipality is a
party shall contain the following provisions (1) The contractor agrees and warrants that in the performance of
the contract such contractor will not discriminate or permit discrimination against any person or group of
persons on the grounds of race color religious creed age marital status national origin ancestry sex mental
retardation or physical disability including but not limited to blindness unless it is shown by such contractor
that such disability prevents performance of the work involved in any manner prohibited by the laws of the
Page 2 of 10
United States or of the state of Connecticut The contractor further agrees to take affirmative action to insure
that applicants with job-related qualifications are employed and that employees are treated when employed
without regard to their race color religious creed age marital status national origin ancestry sex mental
retardation or physical disability including but not limited to blindness unless it is shown by such
contractor that such disability prevents performance of the work involved (2) the contractor agrees in all
solicitations or advertisements for employees placed by or on behalf of the contractor to state that it is an
affirmative action-equal opportunity employer in accordance with regulations adopted by the commission
(3) the contractor agrees to provide each labor union or representative of workers with which such contractor
has a collective bargaining agreement or other contract or understanding and each vendor with which such
contractor has a contract or understanding a notice to be provided by the commission advising the labor union
or workers representative of the contractors commitments under this section and to post copies of the notice
in conspicuous places available to employees and applicants for employment (4) the contractor agrees to
comply with each provision of this section and sections 46a-68e and 46a-68f and with each regulation or
relevant order issued by said commission pursuant to sections 46a-56 as amended by this act 46a-68e and
46a-68f (5) the contractor agrees to provide the Commission on Human Rights and Opportunities with such
information requested by the commission and permit access to pertinent books records and accounts
concerning the employment practices and procedures of the contractor as relate to the provisions of this
section and section 46a-56 as amended by this act If the contract is a public works contract the contractor
agrees and warrants that he will make good faith efforts to employ minority business enterprises as
subcontractors and suppliers of materials on such public works project Prior to entering into the contract the
contractor shall provide the state or such political subdivision of the state with documentation in the form of a
company or corporate policy adopted by resolution of the board of directors shareholders managers
members or other governing body of such contractor to support the nondiscrimination agreement and warranty
under subdivision (1) of this subsection For the purposes of this section contract includes any extension or
modification of the contract and contractor includes any successors or assigns of the contractor
(b) For the purposes of this section minority business enterprise means any small contractor or supplier of
materials fifty-one per cent or more of the capital stock if any or assets of which is owned by a person or
persons (1) Who are active in the daily affairs of the enterprise (2) who have the power to direct the
management and policies of the enterprise and (3) who are members of a minority as such term is defined in
subsection (a) of section 32-9n and good faith means that degree of diligence which a reasonable person
would exercise in the performance of legal duties and obligations Good faith efforts shall include but not
be limited to those reasonable initial efforts necessary to comply with statutory or regulatory requirements
and additional or substituted efforts when it is determined that such initial efforts will not be sufficient to
comply with such requirements
(c) Determination of the contractors good faith efforts shall include but shall not be limited to the following
factors The contractors employment and subcontracting policies patterns and practices affirmative
advertising recruitment and training technical assistance activities and such other reasonable activities or
efforts as the commission may prescribe that are designed to ensure the participation of minority business
enterprises in public works projects
(d) The contractor shall develop and maintain adequate documentation in a manner prescribed by the
commission of its good faith efforts
(e) The contractor shall include the provisions of subsection (a) of this section in every subcontract or
purchase order entered into in order to fulfill any obligation of a contract with the state and such provisions
shall be binding on a subcontractor vendor or manufacturer unless exempted by regulations or orders of the
commission The contractor shall take such action with respect to any such subcontract or purchase order as
the commission may direct as a means of enforcing such provisions including sanctions for noncompliance in
accordance with section 46a-56 provided if such contractor becomes involved in or is threatened with
litigation with a subcontractor or vendor as a result of such direction by the commission the contractor may
request the state of Connecticut to enter into any such litigation or negotiation prior thereto to protect the
interests of the state and the state may so enter
Page 3 of 10
The following subsections are set forth here as required by section 4a-60a of the Connecticut General Statutes
as amended by PA 07-142
(a) Every contract to which the state or any political subdivision of the state other than a municipality is a
party shall contain the following provisions (1) The contractor agrees and warrants that in the performance of
the contract such contractor will not discriminate or permit discrimination against any person or group of
persons on the grounds of sexual orientation in any manner prohibited by the laws of the United States or of
the state of Connecticut and that employees are treated when employed without regard to their sexual
orientation (2) the contractor agrees to provide each labor union or representative of workers with which such
contractor has a collective bargaining agreement or other contract or understanding and each vendor with
which such contractor has a contract or understanding a notice to be provided by the Commission on Human
Rights and Opportunities advising the labor union or workers representative of the contractors commitments
under this section and to post copies of the notice in conspicuous places available to employees and
applicants for employment (3) the contractor agrees to comply with each provision of this section and with
each regulation or relevant order issued by said commission pursuant to section 46a-56 as amended by this
act (4) the contractor agrees to provide the Commission on Human Rights and Opportunities with such
information requested by the commission and permit access to pertinent books records and accounts
concerning the employment practices and procedures of the contractor which relate to the provisions of this
section and section 46a-56 as amended by this act Prior to entering into the contract the contractor shall
provide the state or such political subdivision of the state with documentation in the form of a company or
corporate policy adopted by resolution of the board of directors shareholders managers members or other
governing body of such contractor to support the nondiscrimination agreement and warranty under
subdivision (1) of this subsection For the purposes of this section contract includes any extension or
modification of the contract and contractor includes any successors or assigns of the contractor
(b) The contractor shall include the provisions of subsection (a) of this section in every subcontract or
purchase order entered into in order to fulfill any obligation of a contract with the state and such provisions
shall be binding on a subcontractor vendor or manufacturer unless exempted by regulations or orders of the
commission The contractor shall take such action with respect to any such subcontract or purchase order as
the commission may direct as a means of enforcing such provisions including sanctions for noncompliance in
accordance with section 46a-56 provided if such contractor becomes involved in or is threatened with
litigation with a subcontractor or vendor as a result of such direction by the commission the contractor may
request the state of Connecticut to enter into any such litigation or negotiation prior thereto to protect the
interests of the state and the state may so enter
5 Executive Orders The Contract is subject to the provisions of Executive Order No Three of Governor
Thomas J Meskill promulgated June 16 1971 concerning labor employment practices Executive Order No
Seventeen of Governor Thomas J Meskill promulgated February 15 1973 concerning the listing of
employment openings and Executive Order No Sixteen of Governor John G Rowland promulgated August 4
1999 concerning violence in the workplace all of which are incorporated into and are made a part of the
Contract as if they had been fully set forth in it At the Contractorrsquos request the Client Agency shall provide a
copy of these orders to the Contractor The Contract may also be subject to Executive Order No 7C of
Governor M Jodi Rell promulgated July 13 2006 concerning contracting reforms and Executive Order No 14
of Governor M Jodi Rell promulgated April 17 2006 concerning procurement of cleaning products and
services in accordance with their respective terms and conditions
6 Clarifications In case of conflicts discrepancies errors or omissions among the various parts of this
contract any such matter shall be submitted immediately by Contractor to the State for clarification The State
shall issue clarification within a reasonable period of time Any services affected by such conflicts
discrepancies errors or omissions which are performed by Contractor prior to clarification by the State shall be
at Contractorrsquos risk
7 Indemnification (a) The Contractor shall indemnify defend and hold harmless the State and its officers
representatives agents servants employees successors and assigns from and against any and all (1) Claims
arising directly or indirectly in connection with the Contract including the acts of commission or omission
Page 4 of 10
(collectively the Acts) of the Contractor or Contractor Parties and (2) liabilities damages losses costs and
expenses including but not limited to attorneys and other professionals fees arising directly or indirectly in
connection with Claims Acts or the Contract The Contractor shall use counsel reasonably acceptable to the
State in carrying out its obligations under this section The Contractorrsquos obligations under this section to
indemnify defend and hold harmless against Claims includes Claims concerning confidentiality of any part of
or all of the Bid or any Records any intellectual property rights other proprietary rights of any person or entity
copyrighted or uncopyrighted compositions secret processes patented or unpatented inventions articles or
appliances furnished or used in the Performance of the Contract
(b) The Contractor shall reimburse the State for any and all damages to the real or personal property of the State
caused by the Acts of the Contractor or any Contractor Parties The State shall give the Contractor reasonable
notice of any such Claims
(c) The Contractorrsquos duties under this section shall remain fully in effect and binding in accordance with the
terms and conditions of the Contract without being lessened or compromised in any way even where the
Contractor is alleged or is found to have merely contributed in part to the Acts giving rise to the Claims andor
where the State is alleged or is found to have contributed to the Acts giving rise to the Claims
(d) The Contractor shall carry and maintain at all times during the term of the Contract and during the time that
any provisions survive the term of the Contract sufficient general liability insurance to satisfy its obligations
under this Contract The Contractor shall name the State as an additional insured on the policy and shall provide
a copy of the policy to the Agency prior to the effective date of the Contract The Contractor shall not begin
Performance until the delivery of the policy to the Agency
(e) The rights provided in this section for the benefit of the State shall encompass the recovery of attorneysrsquo and
other professionalsrsquo fees expended in pursuing a Claim against a third party
(f) This section shall survive the Termination Cancellation or Expiration of the Contract and shall not be
limited by reason of any insurance coverage
8 Amendments
Formal written amendment of the contract is required for changes to the final date of the contract period and to
terms and conditions specifically stated in the original contract and any prior amendments including but not
limited to
a The contractrsquos objectives services or plan
b Completion of objectives or services and
c Any other contract revisions determined material by the DEP
9 Change in Principal Project Staff Any changes in the principal project staff must be requested in writing
and approved in writing by the Commissioner or the Commissionerrsquos authorized representative at their sole
discretion In the event of any unapproved change in principal project staff the DEP may in its sole discretion
terminate or cancel this contract
10 Assignability The Contractor shall not assign any interest in this contract and shall not transfer any
interest in the same (whether by assignment or novation) without the prior written consent of the DEP thereto
provided however that claims for money due or to become due the Contractor from the DEP under this contract
may be assigned to a bank trust company or other financial institution without such approval Notice of any
assignment or transfer shall be furnished promptly to the DEP
11 Definition of ldquoExecutionrdquo This contract shall be fully executed when it has been signed by authorized
representatives of the parties and if it is for an amount exceeding three thousand dollars ($300000) by the
authorized representative of the state Attorney Generalrsquos Office
12 Sovereign Immunity The parties acknowledge and agree that nothing in the Solicitation or the Contract
shall be construed as a modification compromise or waiver by the State of any rights or defenses of any
immunities provided by Federal Law or the laws of the State of Connecticut to the State or any of its officers
Page 5 of 10
employees which may have had now have or will have with respect to all matters arising out of the Contract
To the extent that this section conflicts with any other section this section shall govern
13 CancellationTermination The DEP may cancel this contract for cause on five (5) daysrsquo notice A request
for termination of this contract by the Concessionaire or Contractor for a just cause will require approval by the
DEP Any cancellation or request for cancellation of this contract shall be submitted in writing and sent by
certified mail to
DEP
Bureau of Outdoor Recreation
Division of State Parks and Public Outreach
79 Elm Street
Hartford CT 06106-5127
Concessionaire
Mr John Doe
123 ABC Drive
Hartford CT 06000
Notwithstanding any provisions in this contract DEP through a duly authorized employee may terminate the
contract whenever the agency makes a written determination that such termination is in the best interests of the
State
If the DEP cancels this contract for causes listed below or if the Concessionaire terminates this contract prior to
the end of its full term without the consent of the State Parks Division the Concessionaire shall forfeit hisher
rights to bid on future concessions under the control of the State Parks Division and any prior payments received
by the State of Connecticut
a Failure by the Concessionaire to make annual payment during any time the contract is in force
shall be considered cause for cancellation by the DEP
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 6 of 10
it may now have or will have to the laying of venue of any Claims in any forum and further irrevocably submits
to such jurisdiction in any suit action or proceeding
15 Severability If any term or provision of the Contract or its application to any person entity or
circumstance shall to any extent be held to be invalid or unenforceable the remainder of the Contract or the
application of such term or provision shall not be affected as to persons entities or circumstances other than
those as to whom or to which it is held to be invalid or unenforceable Each remaining term and provision of the
Contract shall be valid and enforced to the fullest extent possible by law
16 Nondisclosure The Contactor shall not release any information concerning the services provided pursuant
to the Agreement or any part thereof to any member of the public press business entity or any official body
unless prior written consent is obtained from the State
The parties have hereunto set their hands
SIGNED AND DELIVERED below
STATE OF CONNECTICUT
By ____________________________(LS)
Thomas M Morrissey
Chief Bureau of Outdoor Recreation
Department of Environmental Protection
Date __________________
By____________________________ (LS)
John Doe
Concessionaire
Date _________________
APPROVED AS TO FORM
By ____________________________________ on ________________________
Assistant Attorney General
Page 7 of 10
(VARIOUS STATE PARKS CONCESSION CONTRACT)
ldquoATTACHMENT Ardquo
THE CONCESSIONAIRE AGREES TO THE FOLLOWING CONDITIONS
1 Insurance The Concessionaire shall furnish evidence of insurance A Certificate of Insurance
covering the whole period of the Concession contract shall reflect the following limits and shall be
submitted by the awarded Concessionaire to the Department of Environmental Protection
Commercial General Liability insurance providing a total limit of $1000000 for all damages
arising out of bodily injury to or death of all persons in any accident or occurrence and for all damages
arising out of injury to or destruction of property in any one accident or occurrence In cases where
any insurance policy shows an aggregate limit the aggregate limit shall not be less than $2000000
The operation of all motor vehicles including those hired or borrowed used in connection with
this contract shall be covered by Automobile Liability insurance providing for a total limit of
$1000000 for all damages arising out of bodily injuries or death of all persons in any one accident or
occurrence for all damages arising out of injury or destruction of property in any one accident or
occurrence In cases where an insurance policy shows an aggregate limit the limit shall not be less
than $2000000
The State of Connecticut shall be listed as an Additional Insured on all required coverage Said
coverage is to be provided by insurance companies licensed by the State of Connecticut Any
deductibles or self-insured retentions must be declared and approved by the State
With respect to all operations performed by the Concessionaire the Concessionaire shall carry
Workerrsquos Compensation insurance in accordance with the requirements of the laws of the State of
Connecticut
2 Item and Price List The Concessionaire shall forward by April 1 of each year of this agreement
a price list of all commodities andor souvenirs for sale to the Department of Environmental Protection
Bureau of Outdoor Recreation State Parks Division 79 Elm Street Hartford CT 06106-5127 for
approval for each subsequent year of the contract Any price increases are subject to the prior written
approval of the State Parks Division The Concessionaire shall post a price list of all commodities for
sale in full public view while in operation
The Concessionaire shall be allowed to sell souvenirs provided they are approved by the Division of
State Parks and Public Outreach however if the park name is used on souvenirs or items of clothing
the complete park name shall be used such as ldquoVarious State Parkrdquo not just ldquoVarious Parkrdquo
The Concessionaire warrants that all goods offered for sale shall not exceed in price nor be substandard
in quality or quantity to like articles sold in the surrounding community
Page 8 of 10
3 Sunscreen All Concessionairersquos that operate a concession in a beach park shall have available for
sale to the general public sunscreen with a Sun Protection Factor (SPF) of at least 15 for adults and
SPF 45 for children
4 Use of Biodegradable Products The Department of Environmental Protection encourages the
Concessionaire to use biodegradable products and packaging in its operations ie paper products or
products containing recycled contents only
5 Non-Glass Containers All liquids dispensed by the Concessionaire shall be in non-glass
containers
6 Prohibitions
The Concessionaire shall not sell flotation devices of any kind beach balls snorkels
facemasks or similar articles
The Concessionaire shall not sell dispense or give away alcoholic beverages
The Concessionaire shall not permit gratuities to employees of the State of Connecticut
No video or pinball games shall be permitted
No vending machines shall be permitted
7 Hours of Operation The Concessionaire shall open the concession(s) every day no later than 10 am
except during inclement weather and the concession shall remain open until three hours before but not later
than sunset from the date the contract is executed through Labor Day weekend For all remaining years of
the contract after 2009 the concession shall be open from Memorial Day through Labor Day weekend
Exceptions to this schedule shall be established through joint agreement of the on-site Park Supervisor and
the Concessionaire When closing due to inclement weather the on-site Park Supervisor must be notified
The Concessionaire shall keep a log where the concession is located of all early closures and shall submit a
season-end report to the Park Supervisor at the close of the concession season but no later than October 15th
8 Health Department Inspections The Concessionaire is responsible for scheduling inspections by
the appropriate local health department at the beginning of concession operations and thereafter
annually prior to April 15th
of each year this agreement is in effect The Concessionaire is responsible
for and shall directly pay for any fees charged for such inspections THE CONCESSIONAIRE
WILL BE RESPONSIBLE FOR OBTAINING AN ANNUAL PERMIT FROM THE LOCAL
HEALTH DEPARTMENT FOR THE TOWN THAT THE RESPECTIVE PARK IS
LOCATED A CURRENT PERMIT WILL BE OBTAINED EACH YEAR THE CONTRACT
IS IN FORCE AND MUST BE RECEIVED BY THE DEP DIVISION OF STATE PARKS AND
PUBLIC OUTREACH 79 ELM STREET HARTFORD CT 06106-5127 PRIOR TO
OPENING THE CONCESSION OPERATION
9 Public Health Code The Concessionaire agrees to conform to the Public Health Code of the State
of Connecticut concerning the storage handling and vending of food
10 State-Owned Equipment The Concessionaire shall be responsible for the use of all State-owned
equipment and agrees to replace articles lost or damaged other than those damaged by usual wear
resulting from concession use
11 State Property The Concessionaire shall install no fixed equipment nor make any physical
changes to State property without the prior written approval of DEP Any improvements andor
permanent fixtures approved by the DEP and provided by the Concessionaire during the contract term
shall become the property of the State of Connecticut at the termination of this agreement
Page 9 of 10
12 Utilities and Suppliers For billing purposes with Concessionaires utility companies and
suppliers the Concessionaire shall always use the name referred to as the ldquoConcessionairerdquo or
ldquoContractorrdquo At no time shall the Concessionaire use the state parkrsquos name and address for billing
purposes
13 InsectVermin Control The Concessionaire is responsible for any insect andor vermin control
as determined by the local or state health departments or by the on-site Park Supervisor
14 Refuse Disposal The Concessionaire at hisher own expense shall be responsible for the
disposal and removal of all recyclables and trash generated by said concession operation
15 General Maintenance The Concessionaire shall be responsible for maintaining in a clean
sanitary and orderly manner the general area of the State Park in which the Concession is located
DEP representatives or designees may inspect the Concession area at any time
16 Exclusivity The Concessionaire shall have the exclusive right to sell food within the park in
which the Concessionaire is the Lessee with the exception of foods or goods which have prior written
approval for DEP sanctioned events where food andor goods may be sold by the event sponsor or their
authorized agents
17 Rights of Park Visitors The Concessionaire agrees that nothing contained in the terms of the
Concession Contract shall prevent visitors from bringing their own food for their use to the park and
cooking such food for themselves Park visitors may also pre-arrange for private catering services on
department properties with the approval of the on-site Park Supervisor These services may be
permitted with the condition that no financial transactions occur on-site
18 On-Site Staffing Whenever the concession is open for business the Concessionaire must have
present an employee who is a qualified on-site manager That manager must be knowledgeable in all
aspects of operating the concession business
19 Code of Conduct Due to the public service nature of the Concession the Concessionaire and all
employees of the Concessionaire shall conduct themselves in a courteous respectful and professional
manner with all members of the public
20 Appearance The Concessionaire and hisher employees shall be clean and neat in appearance
Wearing an item of uniform eg a shirt hat or badge identifying the name of the Concessionaire
employee or business is encouraged
21 Concession Location The Concessionaire agrees unless specifically authorized in writing by
DEP to do otherwise to confine all sales to the established concession building(s) and further to
confine all advertising to the interior of said concession building(s) In the case of motor vehicle or
better known ldquomobilerdquo concessions the Concessionaire will confine the advertising menu to a sign
either affixed in the most notable area of the vehicle for the public to read or with the Park
Supervisorrsquos approval a movable sign would be acceptable next to the mobile concession vehicle
22 Food Inspection An authorized representative of the DEP shall conduct an annual in-season
food inspection The Concessionaire shall provide a range of food and beverage items (which will
constitute one free meal) to the DEPrsquos representative for food-tasting purposes
23 Financial Reporting By November 15th
of each calendar year that this contract is in force the
Concessionaire shall submit a certified statement of annual gross receipts attested to by a Notary
Page 10 of 10
Public andor a Commissioner of the Superior Court to Department of Environmental Protection
Bureau of Outdoor Recreation State Parks Division 79 Elm Street Hartford CT 06106-5127
24 Revenue DEP shall not assume responsibility for revenue loss directly or indirectly attributable
to actions taken by the DEP resulting from weather or crowd conditions or acts of God Neither shall
DEP assume responsibility for revenue loss directly or indirectly attributable to attendance loss
weather conditions or other uncontrollable phenomena
25 Compliance The Concessionaire agrees to comply with the regulations of the Department of
Environmental Protection regarding State Park and Forest Recreation Areas and with any other
department policy concerning the operation of concessions
Page 4 of 10
H Confidential Information
Proposers are advised not to include in their proposals any proprietary information The
Connecticut Freedom of Information Act generally requires the disclosure of documents in the
possession of the State upon request of any citizen unless the content of the document falls
within certain categories of exemption An example of an exemption is a ldquotrade secretrdquo as
defined by statute (CGS sect 1-19(b)(5)) If the information is not readily available to the public
from other sources and the Proposer submitting the information requests confidentiality then
the information generally is considered to be ldquogiven in confidencerdquo Confidential information
must be isolated from other material in the proposal and labeled CONFIDENTIAL
I Affidavit Concerning Gifts and Campaign Contributions (NOTE Only required for
proposals with a total value of $50000 or greater)
Pursuant to Public Act 04-245 all Proposers must provide a signed affidavit attesting to
whether or not gifts were provided to certain public officials or State employees during the
two-year period preceding the submission of a proposal In addition pursuant to paragraph 8
of Governor M Jodi Rellrsquos Executive Order No 1 anyone who files an affidavit pursuant to
Public Act 04-245 shall disclose in those affidavits all contributions made to campaigns of
candidates for state-wide public office or the General Assembly Further any Contractor who
is awarded a large State contract shall update the affidavit on an annual basis
J Campaign Contribution Ban
With regard to a State contract as defined in PA 07-1 having a value in a calendar year of
$50000 or more or a combination or series of such agreements or contracts having a value of
$100000 or more the authorized signatory to this submission in response to the States
solicitation expressly acknowledges receipt of the State Elections Enforcement Commissions
notice advising prospective state contractors of state campaign contribution and solicitation
prohibitions and will inform its principals of the contents of the notice See SEEC Form 11
K Minimum Submission Requirements
At a minimum proposals must (1) be submitted before the deadline (2) follow the preferred
format (3) satisfy the packaging and labeling requirements (4) be complete and (5) include
the required affidavits concerning gifts and campaign contributions (if applicable) Proposals
that fail to meet these minimum submission requirements may be disqualified
L Multiple Submissions
Multiple proposals by the same Proposer will be considered Proposals may be for a single
location or for a combination of the locations If bidding on more than one location proposers
are advised to submit a separate proposal for each location Proposals for a combination of
locations will only be considered after the Selection Committee determines that individual
proposals do not fully satisfy the selection criteria
M Contract Compliance Requirements (required for any application exceeding $300000)
See CHRO website for specific forms The following table will assist in determining which
forms are required
Page 5 of 10
Contract Amount Bidder Contract Compliance
Monitoring Report Required and
Affidavit for Certification of
Subcontractors as Minority Business
Enterprises
Affirmative
Action Plan
$0 - $4000 No No
$400001 - $999900 Yes No
$10000 - $250000 Yes No
$250000 or more Yes Yes
The State of Connecticut is an Equal Opportunity and Affirmative Action employer and does
not discriminate in its hiring employment or business practices The State is committed to
complying with the Americans with Disabilities Act of 1990 (ADA) and does not discriminate
on the basis of disability in admission to access to or operation of its programs services or
activities For contracts of $250000 or more provide evidence of the Proposerrsquos ability to meet
the contract compliance requirements for one or more of the following factors (1) success in
implementing an affirmative action plan (2) success in developing an apprenticeship program
complying with sectsect 46a-68-1 to 46a-68-17 inclusive of the Regulations of Connecticut State
Agencies (3) promise to develop and implement a successful affirmative action plan (4)
submission of EEO-1 data indicating that the composition of the Proposerrsquos workforce is at or
near parity in the relevant labor market area or (5) promise to set aside a portion of the contract
for legitimate minority business enterprises
N Style Requirements
To the extent possible proposals should conform to the following specifications (1) be word
processed or typewritten (2) use font size of not less than 10 and not more than 12 points (3)
have margins of not less than 1rdquo on the top bottom and sides of all pages (4) be not more than
10 pages in length including any attachments (5) display the Proposerrsquos name on the header of
each page and (6) display page numbers at the bottom of each page
O Packaging and Labeling Requirements
The proposal must be signed by the Proposer Unsigned proposals will be rejected Proposals
must be submitted in sealed envelopes or packages and be addressed to the Official Agency
Contact The name and address of the Proposer must appear in the upper left corner of the
envelope or package The lower left corner must be labeled Sealed Bid Deadline March 24
2009 A signed original (clearly identified as such) and four exact copies of the proposal must
be submitted An electronic document format may be substituted for the four exact copies
Proposals transmitted by facsimile or email will not be accepted or reviewed
P Meetings with Proposers
At its discretion the Agency may convene meetings with Proposers in order to gain a fuller
understanding of the proposals The meetings may involve demonstrations interviews
presentations or site visits If the agency decides meetings are warranted the Official Agency
Contact will telephone Proposers to make an appointment Any such meetings are tentatively
scheduled to take place 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 6 of 10
A Name of the Contract for which the proposal is being submitted (ie which park or parks)
B Proposers Information
Provide the information requested below
1 Name of Proposer
2 Business Address
3 Telephone Number
4 E-mail Address (If Available)
5 Federal Employer ID Number Social Security Number
C Proposerrsquos Representatives
The Proposer may designate an authorized representative and one alternate who may speak and
act on behalf of the Proposer in all dealings with the agency if necessary Provide the
following information for each individual
1 Names
2 Telephone Numbers 3 Normal Hours of Work
D Individual or Organizational Profile
1 Qualifications
Proposers must be at least 18 years of age and must able to legally work in the
United States of America for the entire term of the contract
Provide a statement of your organizations qualifications and food service
experience Where applicable the statement should include a history of annual gross
receipts for the Proposers three most recent years of operating a food and beverage
concessions
2 Key Personnel and Staffing
Identify the key supervisory and management personnel that will be assigned to this project
Attach resumes reflecting their qualifications including related work experience The
Department must be given advanced notice in writing of the departure of any key personnel
from the project Identify the personnel resources that will be assigned to meet the work
schedule outlined below in Section E Subsection 4
3 Legal Status
If the Proposer is a firm or corporation describe the organizationrsquos legal status (eg sole
proprietorship partnership limited partnership corporation subchapter S corporation)
Report the states in which the organization is registered to do business
Page 7 of 10
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 CGS sect 1-85
E Outline of Work
1 Personnel
Describe who will be working at the concession What is their level of experience in food
service operation and describe the level of supervision will they receive Describe the dress
code and personal hygiene standards
2 Menu
Provide a sample menu with a price list Describe any non-consumable items you would
have for sale (ie sun tan lotion flip-flops etc)
3 Equipment
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 weekendsholidays
weekdays earlylate season and peak season
9 RFP Conditions
A All proposals in response to this RFP are to be the sole property of DEP Proposers are
encouraged not to include in their proposals any information that is proprietary All materials
associated with this procurement process are subject to the terms of State laws defining
freedom of information and privacy and all rules regulations and interpretations resulting from
those laws
B Any product whether acceptable or unacceptable developed under a contract awarded as a
result of the RFP is to be the sole property of DEP
C Timing and sequence of events resulting from this RFP will ultimately be determined by DEP
D The Proposer agrees that the proposal will remain valid for a period of 90 days after the
deadline for submission and may be extended beyond that time by mutual agreement
Page 8 of 10
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 Proposers personnel who do not perform adequately
on the project regardless of whether they were previously approved by DEP
G Any costs and expenses incurred by Proposers in preparing or submitting proposals are the sole
responsibility of the Proposer
H A Proposer must be prepared to present evidence of experience ability service facilities and
financial condition necessary to satisfactorily meet the requirements set forth or implied in the
proposal
I No additions or changes to the original proposal will be allowed after submission While
changes are not permitted clarification of proposals may be required by DEP at the Proposerrsquos
sole cost and expense
J In some cases Proposers may be asked to give demonstrations interviews presentations or
further explanation to the RFPrsquos Screening Committee
K The Proposer represents and warrants that the proposal is not made in connection with any
other Proposer and is in all respects fair and without collusion or fraud The Proposer further
represents and warrants that the Proposer did not participate in any part of the RFP
development process had no knowledge of the specific contents of the RFP prior to its
issuance and that no agent representative or employee of DEP participated directly in the
Proposerrsquos proposal preparation
L All responses to the RFP must conform to instruction Failure to include required signatures
provide the required number of copies meet deadlines answer all questions follow the
required format or failure to comply with any other requirements of this RFP may be
considered appropriate cause for rejection of the response
M The Proposer must accept DEPrsquos standard contract language and conditions (See sample of
standard contract and conditions attached)
N The contract will represent the entire agreement between the Proposer and DEP and will
supersede all prior negotiations representations or agreements alleged or made between the
parties DEP or the State shall assume no liability for payment of services under the terms of
the contract until the successful Proposer is notified that the contract has been accepted and
approved by DEP and by the AGrsquos Office The contract may be amended only by means of a
written instrument signed by DEP the Proposer and the AGrsquos Office
Page 9 of 10
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 andor specifications of the RFP
The DEP also reserves the right to waive technical defect irregularities and omissions if in its
judgment the best interest of DEP will be served DEP reserves the right to correct inaccurate
awards resulting from its clerical errors This may include in extreme circumstances revoking
the awarding of a contract already made to a Proposer and subsequently awarding the contract
to another Proposer Such action on the part of DEP shall not constitute a breach of contract on
the part of DEP since the contract with the initial Proposer is deemed to be void ab initio and of
no effect as if no contract ever existed between DEP and the Proposer
10 Agencyrsquos Standard Contract and Conditions and Statersquos Contract Compliance Requirements
See the attached Sample Concession Contract for standard contract conditions
11 Park Descriptions
A 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 (ie firewood groceries insect repellent bait
etc) and small equipment (ie 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 80659 day use visitors and 14948 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 $18771 in 2007 and
$18055 in 2008
5 The concession building is 900 square feet and was constructed in 1974 It has an
assessed value of $53398 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 10 of 10
B Quaddick State Park Thompson
1 Activities
Swimming
Lake fishing
Boat launch
Picnicking
Field sports
2 Attendance in 2008 was 43000 day use visitors
3 Gross receipts for a food and beverage concession ranged from approximately
$4000 to $12000 between the 1980s and 2004
4 The concession building is 276 square feet It has an assessed value of $8778 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 wwwctgovdepstateparks
Page 1 of 1
LETTER OF INTENT TO SUBMIT A PROPOSAL
State of Connecticut
Department of Environmental Protection
RFP for _________________________ State Park
Return to Ms Patricia Downes
Department of Environmental Protection
Bureau of Outdoor Recreation
79 Elm Street
Hartford CT 06106-5127
860-424-3504 (Phone)
860-424-4070 (FAX)
Return Deadline 400 PM March 6 2009
The individual firm or corporation below intends to submit a proposal in response to the above referenced RFP
Note This letter is a non-binding expression of interest and does not obligate the sender to submit a proposal
The individual firm or corporation below has reviewed and if selected accepts the agencyrsquos standard contract and
conditions (provided in the RFP) in their entirety and without amendment
Name
Mailing Address
Contact Person
Telephone
FAX
Signature
Title Date
Page 1 of 10
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 Staterdquo or ldquoDEPrdquo and
John Doe of the Town of Hartford in the County of Hartford and the State of Connecticut hereinafter referred
to as the ldquoConcessionairerdquo or ldquoContractorrdquo
WITNESSETH
WHEREAS the DEP pursuant to Conn Gen Stat 23-26 has the authority to enter into contractual relations
with persons for the maintenance of concessions and other sources of revenue to be derived from services to the
general public using state parks and WHEREAS the Concessionaire desires to operate the concessions and
render services to the public at
VARIOUS STATE PARKS
NOW THEREFORE it is hereby agreed as follows
1 Duration The DEP hereby grants to the Concessionaire the exclusive right to operate a food and beverage
concession at the above mentioned State Park located in the Town of _________ County of _________ State
of Connecticut from the execution of this contract through September 30 2011 The DEP in its sole discretion
may renew this contract for one 2-year period under the same terms and conditions as outlined in this contract
2 Payment In consideration of said right and privileges the Concessionaire agrees to pay the sum of
$__________ annually payable in the amount of $__________ (50) at the execution of this contract and
$__________ (50) on or before July 15 2009 Beginning in 2010 the semi-annual payment of $__________
(50) shall be made payable by May 15th and July 15
th each year that this contract is in effect If the annual sum
is less than $100000 the sum is due in full at the execution of the contract and by May 15th of each
subsequent year that the contract is in effect All payments shall be made by check draft or money order
payable to Treasurer-State of Connecticut and delivered or mailed to the Department of Environmental
Protection Accounts Receivable 79 Elm Street Hartford Connecticut 06106-5127
3 Attachment ldquoArdquo hereto is incorporated herein by reference and all provisions thereof shall be binding upon
the parties
4 Non-Discrimination
The following subsections are set forth here as required by section 4a-60 of the Connecticut General Statutes as
amended by PA 07-142
(a) Every contract to which the state or any political subdivision of the state other than a municipality is a
party shall contain the following provisions (1) The contractor agrees and warrants that in the performance of
the contract such contractor will not discriminate or permit discrimination against any person or group of
persons on the grounds of race color religious creed age marital status national origin ancestry sex mental
retardation or physical disability including but not limited to blindness unless it is shown by such contractor
that such disability prevents performance of the work involved in any manner prohibited by the laws of the
Page 2 of 10
United States or of the state of Connecticut The contractor further agrees to take affirmative action to insure
that applicants with job-related qualifications are employed and that employees are treated when employed
without regard to their race color religious creed age marital status national origin ancestry sex mental
retardation or physical disability including but not limited to blindness unless it is shown by such
contractor that such disability prevents performance of the work involved (2) the contractor agrees in all
solicitations or advertisements for employees placed by or on behalf of the contractor to state that it is an
affirmative action-equal opportunity employer in accordance with regulations adopted by the commission
(3) the contractor agrees to provide each labor union or representative of workers with which such contractor
has a collective bargaining agreement or other contract or understanding and each vendor with which such
contractor has a contract or understanding a notice to be provided by the commission advising the labor union
or workers representative of the contractors commitments under this section and to post copies of the notice
in conspicuous places available to employees and applicants for employment (4) the contractor agrees to
comply with each provision of this section and sections 46a-68e and 46a-68f and with each regulation or
relevant order issued by said commission pursuant to sections 46a-56 as amended by this act 46a-68e and
46a-68f (5) the contractor agrees to provide the Commission on Human Rights and Opportunities with such
information requested by the commission and permit access to pertinent books records and accounts
concerning the employment practices and procedures of the contractor as relate to the provisions of this
section and section 46a-56 as amended by this act If the contract is a public works contract the contractor
agrees and warrants that he will make good faith efforts to employ minority business enterprises as
subcontractors and suppliers of materials on such public works project Prior to entering into the contract the
contractor shall provide the state or such political subdivision of the state with documentation in the form of a
company or corporate policy adopted by resolution of the board of directors shareholders managers
members or other governing body of such contractor to support the nondiscrimination agreement and warranty
under subdivision (1) of this subsection For the purposes of this section contract includes any extension or
modification of the contract and contractor includes any successors or assigns of the contractor
(b) For the purposes of this section minority business enterprise means any small contractor or supplier of
materials fifty-one per cent or more of the capital stock if any or assets of which is owned by a person or
persons (1) Who are active in the daily affairs of the enterprise (2) who have the power to direct the
management and policies of the enterprise and (3) who are members of a minority as such term is defined in
subsection (a) of section 32-9n and good faith means that degree of diligence which a reasonable person
would exercise in the performance of legal duties and obligations Good faith efforts shall include but not
be limited to those reasonable initial efforts necessary to comply with statutory or regulatory requirements
and additional or substituted efforts when it is determined that such initial efforts will not be sufficient to
comply with such requirements
(c) Determination of the contractors good faith efforts shall include but shall not be limited to the following
factors The contractors employment and subcontracting policies patterns and practices affirmative
advertising recruitment and training technical assistance activities and such other reasonable activities or
efforts as the commission may prescribe that are designed to ensure the participation of minority business
enterprises in public works projects
(d) The contractor shall develop and maintain adequate documentation in a manner prescribed by the
commission of its good faith efforts
(e) The contractor shall include the provisions of subsection (a) of this section in every subcontract or
purchase order entered into in order to fulfill any obligation of a contract with the state and such provisions
shall be binding on a subcontractor vendor or manufacturer unless exempted by regulations or orders of the
commission The contractor shall take such action with respect to any such subcontract or purchase order as
the commission may direct as a means of enforcing such provisions including sanctions for noncompliance in
accordance with section 46a-56 provided if such contractor becomes involved in or is threatened with
litigation with a subcontractor or vendor as a result of such direction by the commission the contractor may
request the state of Connecticut to enter into any such litigation or negotiation prior thereto to protect the
interests of the state and the state may so enter
Page 3 of 10
The following subsections are set forth here as required by section 4a-60a of the Connecticut General Statutes
as amended by PA 07-142
(a) Every contract to which the state or any political subdivision of the state other than a municipality is a
party shall contain the following provisions (1) The contractor agrees and warrants that in the performance of
the contract such contractor will not discriminate or permit discrimination against any person or group of
persons on the grounds of sexual orientation in any manner prohibited by the laws of the United States or of
the state of Connecticut and that employees are treated when employed without regard to their sexual
orientation (2) the contractor agrees to provide each labor union or representative of workers with which such
contractor has a collective bargaining agreement or other contract or understanding and each vendor with
which such contractor has a contract or understanding a notice to be provided by the Commission on Human
Rights and Opportunities advising the labor union or workers representative of the contractors commitments
under this section and to post copies of the notice in conspicuous places available to employees and
applicants for employment (3) the contractor agrees to comply with each provision of this section and with
each regulation or relevant order issued by said commission pursuant to section 46a-56 as amended by this
act (4) the contractor agrees to provide the Commission on Human Rights and Opportunities with such
information requested by the commission and permit access to pertinent books records and accounts
concerning the employment practices and procedures of the contractor which relate to the provisions of this
section and section 46a-56 as amended by this act Prior to entering into the contract the contractor shall
provide the state or such political subdivision of the state with documentation in the form of a company or
corporate policy adopted by resolution of the board of directors shareholders managers members or other
governing body of such contractor to support the nondiscrimination agreement and warranty under
subdivision (1) of this subsection For the purposes of this section contract includes any extension or
modification of the contract and contractor includes any successors or assigns of the contractor
(b) The contractor shall include the provisions of subsection (a) of this section in every subcontract or
purchase order entered into in order to fulfill any obligation of a contract with the state and such provisions
shall be binding on a subcontractor vendor or manufacturer unless exempted by regulations or orders of the
commission The contractor shall take such action with respect to any such subcontract or purchase order as
the commission may direct as a means of enforcing such provisions including sanctions for noncompliance in
accordance with section 46a-56 provided if such contractor becomes involved in or is threatened with
litigation with a subcontractor or vendor as a result of such direction by the commission the contractor may
request the state of Connecticut to enter into any such litigation or negotiation prior thereto to protect the
interests of the state and the state may so enter
5 Executive Orders The Contract is subject to the provisions of Executive Order No Three of Governor
Thomas J Meskill promulgated June 16 1971 concerning labor employment practices Executive Order No
Seventeen of Governor Thomas J Meskill promulgated February 15 1973 concerning the listing of
employment openings and Executive Order No Sixteen of Governor John G Rowland promulgated August 4
1999 concerning violence in the workplace all of which are incorporated into and are made a part of the
Contract as if they had been fully set forth in it At the Contractorrsquos request the Client Agency shall provide a
copy of these orders to the Contractor The Contract may also be subject to Executive Order No 7C of
Governor M Jodi Rell promulgated July 13 2006 concerning contracting reforms and Executive Order No 14
of Governor M Jodi Rell promulgated April 17 2006 concerning procurement of cleaning products and
services in accordance with their respective terms and conditions
6 Clarifications In case of conflicts discrepancies errors or omissions among the various parts of this
contract any such matter shall be submitted immediately by Contractor to the State for clarification The State
shall issue clarification within a reasonable period of time Any services affected by such conflicts
discrepancies errors or omissions which are performed by Contractor prior to clarification by the State shall be
at Contractorrsquos risk
7 Indemnification (a) The Contractor shall indemnify defend and hold harmless the State and its officers
representatives agents servants employees successors and assigns from and against any and all (1) Claims
arising directly or indirectly in connection with the Contract including the acts of commission or omission
Page 4 of 10
(collectively the Acts) of the Contractor or Contractor Parties and (2) liabilities damages losses costs and
expenses including but not limited to attorneys and other professionals fees arising directly or indirectly in
connection with Claims Acts or the Contract The Contractor shall use counsel reasonably acceptable to the
State in carrying out its obligations under this section The Contractorrsquos obligations under this section to
indemnify defend and hold harmless against Claims includes Claims concerning confidentiality of any part of
or all of the Bid or any Records any intellectual property rights other proprietary rights of any person or entity
copyrighted or uncopyrighted compositions secret processes patented or unpatented inventions articles or
appliances furnished or used in the Performance of the Contract
(b) The Contractor shall reimburse the State for any and all damages to the real or personal property of the State
caused by the Acts of the Contractor or any Contractor Parties The State shall give the Contractor reasonable
notice of any such Claims
(c) The Contractorrsquos duties under this section shall remain fully in effect and binding in accordance with the
terms and conditions of the Contract without being lessened or compromised in any way even where the
Contractor is alleged or is found to have merely contributed in part to the Acts giving rise to the Claims andor
where the State is alleged or is found to have contributed to the Acts giving rise to the Claims
(d) The Contractor shall carry and maintain at all times during the term of the Contract and during the time that
any provisions survive the term of the Contract sufficient general liability insurance to satisfy its obligations
under this Contract The Contractor shall name the State as an additional insured on the policy and shall provide
a copy of the policy to the Agency prior to the effective date of the Contract The Contractor shall not begin
Performance until the delivery of the policy to the Agency
(e) The rights provided in this section for the benefit of the State shall encompass the recovery of attorneysrsquo and
other professionalsrsquo fees expended in pursuing a Claim against a third party
(f) This section shall survive the Termination Cancellation or Expiration of the Contract and shall not be
limited by reason of any insurance coverage
8 Amendments
Formal written amendment of the contract is required for changes to the final date of the contract period and to
terms and conditions specifically stated in the original contract and any prior amendments including but not
limited to
a The contractrsquos objectives services or plan
b Completion of objectives or services and
c Any other contract revisions determined material by the DEP
9 Change in Principal Project Staff Any changes in the principal project staff must be requested in writing
and approved in writing by the Commissioner or the Commissionerrsquos authorized representative at their sole
discretion In the event of any unapproved change in principal project staff the DEP may in its sole discretion
terminate or cancel this contract
10 Assignability The Contractor shall not assign any interest in this contract and shall not transfer any
interest in the same (whether by assignment or novation) without the prior written consent of the DEP thereto
provided however that claims for money due or to become due the Contractor from the DEP under this contract
may be assigned to a bank trust company or other financial institution without such approval Notice of any
assignment or transfer shall be furnished promptly to the DEP
11 Definition of ldquoExecutionrdquo This contract shall be fully executed when it has been signed by authorized
representatives of the parties and if it is for an amount exceeding three thousand dollars ($300000) by the
authorized representative of the state Attorney Generalrsquos Office
12 Sovereign Immunity The parties acknowledge and agree that nothing in the Solicitation or the Contract
shall be construed as a modification compromise or waiver by the State of any rights or defenses of any
immunities provided by Federal Law or the laws of the State of Connecticut to the State or any of its officers
Page 5 of 10
employees which may have had now have or will have with respect to all matters arising out of the Contract
To the extent that this section conflicts with any other section this section shall govern
13 CancellationTermination The DEP may cancel this contract for cause on five (5) daysrsquo notice A request
for termination of this contract by the Concessionaire or Contractor for a just cause will require approval by the
DEP Any cancellation or request for cancellation of this contract shall be submitted in writing and sent by
certified mail to
DEP
Bureau of Outdoor Recreation
Division of State Parks and Public Outreach
79 Elm Street
Hartford CT 06106-5127
Concessionaire
Mr John Doe
123 ABC Drive
Hartford CT 06000
Notwithstanding any provisions in this contract DEP through a duly authorized employee may terminate the
contract whenever the agency makes a written determination that such termination is in the best interests of the
State
If the DEP cancels this contract for causes listed below or if the Concessionaire terminates this contract prior to
the end of its full term without the consent of the State Parks Division the Concessionaire shall forfeit hisher
rights to bid on future concessions under the control of the State Parks Division and any prior payments received
by the State of Connecticut
a Failure by the Concessionaire to make annual payment during any time the contract is in force
shall be considered cause for cancellation by the DEP
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 6 of 10
it may now have or will have to the laying of venue of any Claims in any forum and further irrevocably submits
to such jurisdiction in any suit action or proceeding
15 Severability If any term or provision of the Contract or its application to any person entity or
circumstance shall to any extent be held to be invalid or unenforceable the remainder of the Contract or the
application of such term or provision shall not be affected as to persons entities or circumstances other than
those as to whom or to which it is held to be invalid or unenforceable Each remaining term and provision of the
Contract shall be valid and enforced to the fullest extent possible by law
16 Nondisclosure The Contactor shall not release any information concerning the services provided pursuant
to the Agreement or any part thereof to any member of the public press business entity or any official body
unless prior written consent is obtained from the State
The parties have hereunto set their hands
SIGNED AND DELIVERED below
STATE OF CONNECTICUT
By ____________________________(LS)
Thomas M Morrissey
Chief Bureau of Outdoor Recreation
Department of Environmental Protection
Date __________________
By____________________________ (LS)
John Doe
Concessionaire
Date _________________
APPROVED AS TO FORM
By ____________________________________ on ________________________
Assistant Attorney General
Page 7 of 10
(VARIOUS STATE PARKS CONCESSION CONTRACT)
ldquoATTACHMENT Ardquo
THE CONCESSIONAIRE AGREES TO THE FOLLOWING CONDITIONS
1 Insurance The Concessionaire shall furnish evidence of insurance A Certificate of Insurance
covering the whole period of the Concession contract shall reflect the following limits and shall be
submitted by the awarded Concessionaire to the Department of Environmental Protection
Commercial General Liability insurance providing a total limit of $1000000 for all damages
arising out of bodily injury to or death of all persons in any accident or occurrence and for all damages
arising out of injury to or destruction of property in any one accident or occurrence In cases where
any insurance policy shows an aggregate limit the aggregate limit shall not be less than $2000000
The operation of all motor vehicles including those hired or borrowed used in connection with
this contract shall be covered by Automobile Liability insurance providing for a total limit of
$1000000 for all damages arising out of bodily injuries or death of all persons in any one accident or
occurrence for all damages arising out of injury or destruction of property in any one accident or
occurrence In cases where an insurance policy shows an aggregate limit the limit shall not be less
than $2000000
The State of Connecticut shall be listed as an Additional Insured on all required coverage Said
coverage is to be provided by insurance companies licensed by the State of Connecticut Any
deductibles or self-insured retentions must be declared and approved by the State
With respect to all operations performed by the Concessionaire the Concessionaire shall carry
Workerrsquos Compensation insurance in accordance with the requirements of the laws of the State of
Connecticut
2 Item and Price List The Concessionaire shall forward by April 1 of each year of this agreement
a price list of all commodities andor souvenirs for sale to the Department of Environmental Protection
Bureau of Outdoor Recreation State Parks Division 79 Elm Street Hartford CT 06106-5127 for
approval for each subsequent year of the contract Any price increases are subject to the prior written
approval of the State Parks Division The Concessionaire shall post a price list of all commodities for
sale in full public view while in operation
The Concessionaire shall be allowed to sell souvenirs provided they are approved by the Division of
State Parks and Public Outreach however if the park name is used on souvenirs or items of clothing
the complete park name shall be used such as ldquoVarious State Parkrdquo not just ldquoVarious Parkrdquo
The Concessionaire warrants that all goods offered for sale shall not exceed in price nor be substandard
in quality or quantity to like articles sold in the surrounding community
Page 8 of 10
3 Sunscreen All Concessionairersquos that operate a concession in a beach park shall have available for
sale to the general public sunscreen with a Sun Protection Factor (SPF) of at least 15 for adults and
SPF 45 for children
4 Use of Biodegradable Products The Department of Environmental Protection encourages the
Concessionaire to use biodegradable products and packaging in its operations ie paper products or
products containing recycled contents only
5 Non-Glass Containers All liquids dispensed by the Concessionaire shall be in non-glass
containers
6 Prohibitions
The Concessionaire shall not sell flotation devices of any kind beach balls snorkels
facemasks or similar articles
The Concessionaire shall not sell dispense or give away alcoholic beverages
The Concessionaire shall not permit gratuities to employees of the State of Connecticut
No video or pinball games shall be permitted
No vending machines shall be permitted
7 Hours of Operation The Concessionaire shall open the concession(s) every day no later than 10 am
except during inclement weather and the concession shall remain open until three hours before but not later
than sunset from the date the contract is executed through Labor Day weekend For all remaining years of
the contract after 2009 the concession shall be open from Memorial Day through Labor Day weekend
Exceptions to this schedule shall be established through joint agreement of the on-site Park Supervisor and
the Concessionaire When closing due to inclement weather the on-site Park Supervisor must be notified
The Concessionaire shall keep a log where the concession is located of all early closures and shall submit a
season-end report to the Park Supervisor at the close of the concession season but no later than October 15th
8 Health Department Inspections The Concessionaire is responsible for scheduling inspections by
the appropriate local health department at the beginning of concession operations and thereafter
annually prior to April 15th
of each year this agreement is in effect The Concessionaire is responsible
for and shall directly pay for any fees charged for such inspections THE CONCESSIONAIRE
WILL BE RESPONSIBLE FOR OBTAINING AN ANNUAL PERMIT FROM THE LOCAL
HEALTH DEPARTMENT FOR THE TOWN THAT THE RESPECTIVE PARK IS
LOCATED A CURRENT PERMIT WILL BE OBTAINED EACH YEAR THE CONTRACT
IS IN FORCE AND MUST BE RECEIVED BY THE DEP DIVISION OF STATE PARKS AND
PUBLIC OUTREACH 79 ELM STREET HARTFORD CT 06106-5127 PRIOR TO
OPENING THE CONCESSION OPERATION
9 Public Health Code The Concessionaire agrees to conform to the Public Health Code of the State
of Connecticut concerning the storage handling and vending of food
10 State-Owned Equipment The Concessionaire shall be responsible for the use of all State-owned
equipment and agrees to replace articles lost or damaged other than those damaged by usual wear
resulting from concession use
11 State Property The Concessionaire shall install no fixed equipment nor make any physical
changes to State property without the prior written approval of DEP Any improvements andor
permanent fixtures approved by the DEP and provided by the Concessionaire during the contract term
shall become the property of the State of Connecticut at the termination of this agreement
Page 9 of 10
12 Utilities and Suppliers For billing purposes with Concessionaires utility companies and
suppliers the Concessionaire shall always use the name referred to as the ldquoConcessionairerdquo or
ldquoContractorrdquo At no time shall the Concessionaire use the state parkrsquos name and address for billing
purposes
13 InsectVermin Control The Concessionaire is responsible for any insect andor vermin control
as determined by the local or state health departments or by the on-site Park Supervisor
14 Refuse Disposal The Concessionaire at hisher own expense shall be responsible for the
disposal and removal of all recyclables and trash generated by said concession operation
15 General Maintenance The Concessionaire shall be responsible for maintaining in a clean
sanitary and orderly manner the general area of the State Park in which the Concession is located
DEP representatives or designees may inspect the Concession area at any time
16 Exclusivity The Concessionaire shall have the exclusive right to sell food within the park in
which the Concessionaire is the Lessee with the exception of foods or goods which have prior written
approval for DEP sanctioned events where food andor goods may be sold by the event sponsor or their
authorized agents
17 Rights of Park Visitors The Concessionaire agrees that nothing contained in the terms of the
Concession Contract shall prevent visitors from bringing their own food for their use to the park and
cooking such food for themselves Park visitors may also pre-arrange for private catering services on
department properties with the approval of the on-site Park Supervisor These services may be
permitted with the condition that no financial transactions occur on-site
18 On-Site Staffing Whenever the concession is open for business the Concessionaire must have
present an employee who is a qualified on-site manager That manager must be knowledgeable in all
aspects of operating the concession business
19 Code of Conduct Due to the public service nature of the Concession the Concessionaire and all
employees of the Concessionaire shall conduct themselves in a courteous respectful and professional
manner with all members of the public
20 Appearance The Concessionaire and hisher employees shall be clean and neat in appearance
Wearing an item of uniform eg a shirt hat or badge identifying the name of the Concessionaire
employee or business is encouraged
21 Concession Location The Concessionaire agrees unless specifically authorized in writing by
DEP to do otherwise to confine all sales to the established concession building(s) and further to
confine all advertising to the interior of said concession building(s) In the case of motor vehicle or
better known ldquomobilerdquo concessions the Concessionaire will confine the advertising menu to a sign
either affixed in the most notable area of the vehicle for the public to read or with the Park
Supervisorrsquos approval a movable sign would be acceptable next to the mobile concession vehicle
22 Food Inspection An authorized representative of the DEP shall conduct an annual in-season
food inspection The Concessionaire shall provide a range of food and beverage items (which will
constitute one free meal) to the DEPrsquos representative for food-tasting purposes
23 Financial Reporting By November 15th
of each calendar year that this contract is in force the
Concessionaire shall submit a certified statement of annual gross receipts attested to by a Notary
Page 10 of 10
Public andor a Commissioner of the Superior Court to Department of Environmental Protection
Bureau of Outdoor Recreation State Parks Division 79 Elm Street Hartford CT 06106-5127
24 Revenue DEP shall not assume responsibility for revenue loss directly or indirectly attributable
to actions taken by the DEP resulting from weather or crowd conditions or acts of God Neither shall
DEP assume responsibility for revenue loss directly or indirectly attributable to attendance loss
weather conditions or other uncontrollable phenomena
25 Compliance The Concessionaire agrees to comply with the regulations of the Department of
Environmental Protection regarding State Park and Forest Recreation Areas and with any other
department policy concerning the operation of concessions
Page 5 of 10
Contract Amount Bidder Contract Compliance
Monitoring Report Required and
Affidavit for Certification of
Subcontractors as Minority Business
Enterprises
Affirmative
Action Plan
$0 - $4000 No No
$400001 - $999900 Yes No
$10000 - $250000 Yes No
$250000 or more Yes Yes
The State of Connecticut is an Equal Opportunity and Affirmative Action employer and does
not discriminate in its hiring employment or business practices The State is committed to
complying with the Americans with Disabilities Act of 1990 (ADA) and does not discriminate
on the basis of disability in admission to access to or operation of its programs services or
activities For contracts of $250000 or more provide evidence of the Proposerrsquos ability to meet
the contract compliance requirements for one or more of the following factors (1) success in
implementing an affirmative action plan (2) success in developing an apprenticeship program
complying with sectsect 46a-68-1 to 46a-68-17 inclusive of the Regulations of Connecticut State
Agencies (3) promise to develop and implement a successful affirmative action plan (4)
submission of EEO-1 data indicating that the composition of the Proposerrsquos workforce is at or
near parity in the relevant labor market area or (5) promise to set aside a portion of the contract
for legitimate minority business enterprises
N Style Requirements
To the extent possible proposals should conform to the following specifications (1) be word
processed or typewritten (2) use font size of not less than 10 and not more than 12 points (3)
have margins of not less than 1rdquo on the top bottom and sides of all pages (4) be not more than
10 pages in length including any attachments (5) display the Proposerrsquos name on the header of
each page and (6) display page numbers at the bottom of each page
O Packaging and Labeling Requirements
The proposal must be signed by the Proposer Unsigned proposals will be rejected Proposals
must be submitted in sealed envelopes or packages and be addressed to the Official Agency
Contact The name and address of the Proposer must appear in the upper left corner of the
envelope or package The lower left corner must be labeled Sealed Bid Deadline March 24
2009 A signed original (clearly identified as such) and four exact copies of the proposal must
be submitted An electronic document format may be substituted for the four exact copies
Proposals transmitted by facsimile or email will not be accepted or reviewed
P Meetings with Proposers
At its discretion the Agency may convene meetings with Proposers in order to gain a fuller
understanding of the proposals The meetings may involve demonstrations interviews
presentations or site visits If the agency decides meetings are warranted the Official Agency
Contact will telephone Proposers to make an appointment Any such meetings are tentatively
scheduled to take place 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 6 of 10
A Name of the Contract for which the proposal is being submitted (ie which park or parks)
B Proposers Information
Provide the information requested below
1 Name of Proposer
2 Business Address
3 Telephone Number
4 E-mail Address (If Available)
5 Federal Employer ID Number Social Security Number
C Proposerrsquos Representatives
The Proposer may designate an authorized representative and one alternate who may speak and
act on behalf of the Proposer in all dealings with the agency if necessary Provide the
following information for each individual
1 Names
2 Telephone Numbers 3 Normal Hours of Work
D Individual or Organizational Profile
1 Qualifications
Proposers must be at least 18 years of age and must able to legally work in the
United States of America for the entire term of the contract
Provide a statement of your organizations qualifications and food service
experience Where applicable the statement should include a history of annual gross
receipts for the Proposers three most recent years of operating a food and beverage
concessions
2 Key Personnel and Staffing
Identify the key supervisory and management personnel that will be assigned to this project
Attach resumes reflecting their qualifications including related work experience The
Department must be given advanced notice in writing of the departure of any key personnel
from the project Identify the personnel resources that will be assigned to meet the work
schedule outlined below in Section E Subsection 4
3 Legal Status
If the Proposer is a firm or corporation describe the organizationrsquos legal status (eg sole
proprietorship partnership limited partnership corporation subchapter S corporation)
Report the states in which the organization is registered to do business
Page 7 of 10
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 CGS sect 1-85
E Outline of Work
1 Personnel
Describe who will be working at the concession What is their level of experience in food
service operation and describe the level of supervision will they receive Describe the dress
code and personal hygiene standards
2 Menu
Provide a sample menu with a price list Describe any non-consumable items you would
have for sale (ie sun tan lotion flip-flops etc)
3 Equipment
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 weekendsholidays
weekdays earlylate season and peak season
9 RFP Conditions
A All proposals in response to this RFP are to be the sole property of DEP Proposers are
encouraged not to include in their proposals any information that is proprietary All materials
associated with this procurement process are subject to the terms of State laws defining
freedom of information and privacy and all rules regulations and interpretations resulting from
those laws
B Any product whether acceptable or unacceptable developed under a contract awarded as a
result of the RFP is to be the sole property of DEP
C Timing and sequence of events resulting from this RFP will ultimately be determined by DEP
D The Proposer agrees that the proposal will remain valid for a period of 90 days after the
deadline for submission and may be extended beyond that time by mutual agreement
Page 8 of 10
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 Proposers personnel who do not perform adequately
on the project regardless of whether they were previously approved by DEP
G Any costs and expenses incurred by Proposers in preparing or submitting proposals are the sole
responsibility of the Proposer
H A Proposer must be prepared to present evidence of experience ability service facilities and
financial condition necessary to satisfactorily meet the requirements set forth or implied in the
proposal
I No additions or changes to the original proposal will be allowed after submission While
changes are not permitted clarification of proposals may be required by DEP at the Proposerrsquos
sole cost and expense
J In some cases Proposers may be asked to give demonstrations interviews presentations or
further explanation to the RFPrsquos Screening Committee
K The Proposer represents and warrants that the proposal is not made in connection with any
other Proposer and is in all respects fair and without collusion or fraud The Proposer further
represents and warrants that the Proposer did not participate in any part of the RFP
development process had no knowledge of the specific contents of the RFP prior to its
issuance and that no agent representative or employee of DEP participated directly in the
Proposerrsquos proposal preparation
L All responses to the RFP must conform to instruction Failure to include required signatures
provide the required number of copies meet deadlines answer all questions follow the
required format or failure to comply with any other requirements of this RFP may be
considered appropriate cause for rejection of the response
M The Proposer must accept DEPrsquos standard contract language and conditions (See sample of
standard contract and conditions attached)
N The contract will represent the entire agreement between the Proposer and DEP and will
supersede all prior negotiations representations or agreements alleged or made between the
parties DEP or the State shall assume no liability for payment of services under the terms of
the contract until the successful Proposer is notified that the contract has been accepted and
approved by DEP and by the AGrsquos Office The contract may be amended only by means of a
written instrument signed by DEP the Proposer and the AGrsquos Office
Page 9 of 10
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 andor specifications of the RFP
The DEP also reserves the right to waive technical defect irregularities and omissions if in its
judgment the best interest of DEP will be served DEP reserves the right to correct inaccurate
awards resulting from its clerical errors This may include in extreme circumstances revoking
the awarding of a contract already made to a Proposer and subsequently awarding the contract
to another Proposer Such action on the part of DEP shall not constitute a breach of contract on
the part of DEP since the contract with the initial Proposer is deemed to be void ab initio and of
no effect as if no contract ever existed between DEP and the Proposer
10 Agencyrsquos Standard Contract and Conditions and Statersquos Contract Compliance Requirements
See the attached Sample Concession Contract for standard contract conditions
11 Park Descriptions
A 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 (ie firewood groceries insect repellent bait
etc) and small equipment (ie 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 80659 day use visitors and 14948 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 $18771 in 2007 and
$18055 in 2008
5 The concession building is 900 square feet and was constructed in 1974 It has an
assessed value of $53398 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 10 of 10
B Quaddick State Park Thompson
1 Activities
Swimming
Lake fishing
Boat launch
Picnicking
Field sports
2 Attendance in 2008 was 43000 day use visitors
3 Gross receipts for a food and beverage concession ranged from approximately
$4000 to $12000 between the 1980s and 2004
4 The concession building is 276 square feet It has an assessed value of $8778 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 wwwctgovdepstateparks
Page 1 of 1
LETTER OF INTENT TO SUBMIT A PROPOSAL
State of Connecticut
Department of Environmental Protection
RFP for _________________________ State Park
Return to Ms Patricia Downes
Department of Environmental Protection
Bureau of Outdoor Recreation
79 Elm Street
Hartford CT 06106-5127
860-424-3504 (Phone)
860-424-4070 (FAX)
Return Deadline 400 PM March 6 2009
The individual firm or corporation below intends to submit a proposal in response to the above referenced RFP
Note This letter is a non-binding expression of interest and does not obligate the sender to submit a proposal
The individual firm or corporation below has reviewed and if selected accepts the agencyrsquos standard contract and
conditions (provided in the RFP) in their entirety and without amendment
Name
Mailing Address
Contact Person
Telephone
FAX
Signature
Title Date
Page 1 of 10
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 Staterdquo or ldquoDEPrdquo and
John Doe of the Town of Hartford in the County of Hartford and the State of Connecticut hereinafter referred
to as the ldquoConcessionairerdquo or ldquoContractorrdquo
WITNESSETH
WHEREAS the DEP pursuant to Conn Gen Stat 23-26 has the authority to enter into contractual relations
with persons for the maintenance of concessions and other sources of revenue to be derived from services to the
general public using state parks and WHEREAS the Concessionaire desires to operate the concessions and
render services to the public at
VARIOUS STATE PARKS
NOW THEREFORE it is hereby agreed as follows
1 Duration The DEP hereby grants to the Concessionaire the exclusive right to operate a food and beverage
concession at the above mentioned State Park located in the Town of _________ County of _________ State
of Connecticut from the execution of this contract through September 30 2011 The DEP in its sole discretion
may renew this contract for one 2-year period under the same terms and conditions as outlined in this contract
2 Payment In consideration of said right and privileges the Concessionaire agrees to pay the sum of
$__________ annually payable in the amount of $__________ (50) at the execution of this contract and
$__________ (50) on or before July 15 2009 Beginning in 2010 the semi-annual payment of $__________
(50) shall be made payable by May 15th and July 15
th each year that this contract is in effect If the annual sum
is less than $100000 the sum is due in full at the execution of the contract and by May 15th of each
subsequent year that the contract is in effect All payments shall be made by check draft or money order
payable to Treasurer-State of Connecticut and delivered or mailed to the Department of Environmental
Protection Accounts Receivable 79 Elm Street Hartford Connecticut 06106-5127
3 Attachment ldquoArdquo hereto is incorporated herein by reference and all provisions thereof shall be binding upon
the parties
4 Non-Discrimination
The following subsections are set forth here as required by section 4a-60 of the Connecticut General Statutes as
amended by PA 07-142
(a) Every contract to which the state or any political subdivision of the state other than a municipality is a
party shall contain the following provisions (1) The contractor agrees and warrants that in the performance of
the contract such contractor will not discriminate or permit discrimination against any person or group of
persons on the grounds of race color religious creed age marital status national origin ancestry sex mental
retardation or physical disability including but not limited to blindness unless it is shown by such contractor
that such disability prevents performance of the work involved in any manner prohibited by the laws of the
Page 2 of 10
United States or of the state of Connecticut The contractor further agrees to take affirmative action to insure
that applicants with job-related qualifications are employed and that employees are treated when employed
without regard to their race color religious creed age marital status national origin ancestry sex mental
retardation or physical disability including but not limited to blindness unless it is shown by such
contractor that such disability prevents performance of the work involved (2) the contractor agrees in all
solicitations or advertisements for employees placed by or on behalf of the contractor to state that it is an
affirmative action-equal opportunity employer in accordance with regulations adopted by the commission
(3) the contractor agrees to provide each labor union or representative of workers with which such contractor
has a collective bargaining agreement or other contract or understanding and each vendor with which such
contractor has a contract or understanding a notice to be provided by the commission advising the labor union
or workers representative of the contractors commitments under this section and to post copies of the notice
in conspicuous places available to employees and applicants for employment (4) the contractor agrees to
comply with each provision of this section and sections 46a-68e and 46a-68f and with each regulation or
relevant order issued by said commission pursuant to sections 46a-56 as amended by this act 46a-68e and
46a-68f (5) the contractor agrees to provide the Commission on Human Rights and Opportunities with such
information requested by the commission and permit access to pertinent books records and accounts
concerning the employment practices and procedures of the contractor as relate to the provisions of this
section and section 46a-56 as amended by this act If the contract is a public works contract the contractor
agrees and warrants that he will make good faith efforts to employ minority business enterprises as
subcontractors and suppliers of materials on such public works project Prior to entering into the contract the
contractor shall provide the state or such political subdivision of the state with documentation in the form of a
company or corporate policy adopted by resolution of the board of directors shareholders managers
members or other governing body of such contractor to support the nondiscrimination agreement and warranty
under subdivision (1) of this subsection For the purposes of this section contract includes any extension or
modification of the contract and contractor includes any successors or assigns of the contractor
(b) For the purposes of this section minority business enterprise means any small contractor or supplier of
materials fifty-one per cent or more of the capital stock if any or assets of which is owned by a person or
persons (1) Who are active in the daily affairs of the enterprise (2) who have the power to direct the
management and policies of the enterprise and (3) who are members of a minority as such term is defined in
subsection (a) of section 32-9n and good faith means that degree of diligence which a reasonable person
would exercise in the performance of legal duties and obligations Good faith efforts shall include but not
be limited to those reasonable initial efforts necessary to comply with statutory or regulatory requirements
and additional or substituted efforts when it is determined that such initial efforts will not be sufficient to
comply with such requirements
(c) Determination of the contractors good faith efforts shall include but shall not be limited to the following
factors The contractors employment and subcontracting policies patterns and practices affirmative
advertising recruitment and training technical assistance activities and such other reasonable activities or
efforts as the commission may prescribe that are designed to ensure the participation of minority business
enterprises in public works projects
(d) The contractor shall develop and maintain adequate documentation in a manner prescribed by the
commission of its good faith efforts
(e) The contractor shall include the provisions of subsection (a) of this section in every subcontract or
purchase order entered into in order to fulfill any obligation of a contract with the state and such provisions
shall be binding on a subcontractor vendor or manufacturer unless exempted by regulations or orders of the
commission The contractor shall take such action with respect to any such subcontract or purchase order as
the commission may direct as a means of enforcing such provisions including sanctions for noncompliance in
accordance with section 46a-56 provided if such contractor becomes involved in or is threatened with
litigation with a subcontractor or vendor as a result of such direction by the commission the contractor may
request the state of Connecticut to enter into any such litigation or negotiation prior thereto to protect the
interests of the state and the state may so enter
Page 3 of 10
The following subsections are set forth here as required by section 4a-60a of the Connecticut General Statutes
as amended by PA 07-142
(a) Every contract to which the state or any political subdivision of the state other than a municipality is a
party shall contain the following provisions (1) The contractor agrees and warrants that in the performance of
the contract such contractor will not discriminate or permit discrimination against any person or group of
persons on the grounds of sexual orientation in any manner prohibited by the laws of the United States or of
the state of Connecticut and that employees are treated when employed without regard to their sexual
orientation (2) the contractor agrees to provide each labor union or representative of workers with which such
contractor has a collective bargaining agreement or other contract or understanding and each vendor with
which such contractor has a contract or understanding a notice to be provided by the Commission on Human
Rights and Opportunities advising the labor union or workers representative of the contractors commitments
under this section and to post copies of the notice in conspicuous places available to employees and
applicants for employment (3) the contractor agrees to comply with each provision of this section and with
each regulation or relevant order issued by said commission pursuant to section 46a-56 as amended by this
act (4) the contractor agrees to provide the Commission on Human Rights and Opportunities with such
information requested by the commission and permit access to pertinent books records and accounts
concerning the employment practices and procedures of the contractor which relate to the provisions of this
section and section 46a-56 as amended by this act Prior to entering into the contract the contractor shall
provide the state or such political subdivision of the state with documentation in the form of a company or
corporate policy adopted by resolution of the board of directors shareholders managers members or other
governing body of such contractor to support the nondiscrimination agreement and warranty under
subdivision (1) of this subsection For the purposes of this section contract includes any extension or
modification of the contract and contractor includes any successors or assigns of the contractor
(b) The contractor shall include the provisions of subsection (a) of this section in every subcontract or
purchase order entered into in order to fulfill any obligation of a contract with the state and such provisions
shall be binding on a subcontractor vendor or manufacturer unless exempted by regulations or orders of the
commission The contractor shall take such action with respect to any such subcontract or purchase order as
the commission may direct as a means of enforcing such provisions including sanctions for noncompliance in
accordance with section 46a-56 provided if such contractor becomes involved in or is threatened with
litigation with a subcontractor or vendor as a result of such direction by the commission the contractor may
request the state of Connecticut to enter into any such litigation or negotiation prior thereto to protect the
interests of the state and the state may so enter
5 Executive Orders The Contract is subject to the provisions of Executive Order No Three of Governor
Thomas J Meskill promulgated June 16 1971 concerning labor employment practices Executive Order No
Seventeen of Governor Thomas J Meskill promulgated February 15 1973 concerning the listing of
employment openings and Executive Order No Sixteen of Governor John G Rowland promulgated August 4
1999 concerning violence in the workplace all of which are incorporated into and are made a part of the
Contract as if they had been fully set forth in it At the Contractorrsquos request the Client Agency shall provide a
copy of these orders to the Contractor The Contract may also be subject to Executive Order No 7C of
Governor M Jodi Rell promulgated July 13 2006 concerning contracting reforms and Executive Order No 14
of Governor M Jodi Rell promulgated April 17 2006 concerning procurement of cleaning products and
services in accordance with their respective terms and conditions
6 Clarifications In case of conflicts discrepancies errors or omissions among the various parts of this
contract any such matter shall be submitted immediately by Contractor to the State for clarification The State
shall issue clarification within a reasonable period of time Any services affected by such conflicts
discrepancies errors or omissions which are performed by Contractor prior to clarification by the State shall be
at Contractorrsquos risk
7 Indemnification (a) The Contractor shall indemnify defend and hold harmless the State and its officers
representatives agents servants employees successors and assigns from and against any and all (1) Claims
arising directly or indirectly in connection with the Contract including the acts of commission or omission
Page 4 of 10
(collectively the Acts) of the Contractor or Contractor Parties and (2) liabilities damages losses costs and
expenses including but not limited to attorneys and other professionals fees arising directly or indirectly in
connection with Claims Acts or the Contract The Contractor shall use counsel reasonably acceptable to the
State in carrying out its obligations under this section The Contractorrsquos obligations under this section to
indemnify defend and hold harmless against Claims includes Claims concerning confidentiality of any part of
or all of the Bid or any Records any intellectual property rights other proprietary rights of any person or entity
copyrighted or uncopyrighted compositions secret processes patented or unpatented inventions articles or
appliances furnished or used in the Performance of the Contract
(b) The Contractor shall reimburse the State for any and all damages to the real or personal property of the State
caused by the Acts of the Contractor or any Contractor Parties The State shall give the Contractor reasonable
notice of any such Claims
(c) The Contractorrsquos duties under this section shall remain fully in effect and binding in accordance with the
terms and conditions of the Contract without being lessened or compromised in any way even where the
Contractor is alleged or is found to have merely contributed in part to the Acts giving rise to the Claims andor
where the State is alleged or is found to have contributed to the Acts giving rise to the Claims
(d) The Contractor shall carry and maintain at all times during the term of the Contract and during the time that
any provisions survive the term of the Contract sufficient general liability insurance to satisfy its obligations
under this Contract The Contractor shall name the State as an additional insured on the policy and shall provide
a copy of the policy to the Agency prior to the effective date of the Contract The Contractor shall not begin
Performance until the delivery of the policy to the Agency
(e) The rights provided in this section for the benefit of the State shall encompass the recovery of attorneysrsquo and
other professionalsrsquo fees expended in pursuing a Claim against a third party
(f) This section shall survive the Termination Cancellation or Expiration of the Contract and shall not be
limited by reason of any insurance coverage
8 Amendments
Formal written amendment of the contract is required for changes to the final date of the contract period and to
terms and conditions specifically stated in the original contract and any prior amendments including but not
limited to
a The contractrsquos objectives services or plan
b Completion of objectives or services and
c Any other contract revisions determined material by the DEP
9 Change in Principal Project Staff Any changes in the principal project staff must be requested in writing
and approved in writing by the Commissioner or the Commissionerrsquos authorized representative at their sole
discretion In the event of any unapproved change in principal project staff the DEP may in its sole discretion
terminate or cancel this contract
10 Assignability The Contractor shall not assign any interest in this contract and shall not transfer any
interest in the same (whether by assignment or novation) without the prior written consent of the DEP thereto
provided however that claims for money due or to become due the Contractor from the DEP under this contract
may be assigned to a bank trust company or other financial institution without such approval Notice of any
assignment or transfer shall be furnished promptly to the DEP
11 Definition of ldquoExecutionrdquo This contract shall be fully executed when it has been signed by authorized
representatives of the parties and if it is for an amount exceeding three thousand dollars ($300000) by the
authorized representative of the state Attorney Generalrsquos Office
12 Sovereign Immunity The parties acknowledge and agree that nothing in the Solicitation or the Contract
shall be construed as a modification compromise or waiver by the State of any rights or defenses of any
immunities provided by Federal Law or the laws of the State of Connecticut to the State or any of its officers
Page 5 of 10
employees which may have had now have or will have with respect to all matters arising out of the Contract
To the extent that this section conflicts with any other section this section shall govern
13 CancellationTermination The DEP may cancel this contract for cause on five (5) daysrsquo notice A request
for termination of this contract by the Concessionaire or Contractor for a just cause will require approval by the
DEP Any cancellation or request for cancellation of this contract shall be submitted in writing and sent by
certified mail to
DEP
Bureau of Outdoor Recreation
Division of State Parks and Public Outreach
79 Elm Street
Hartford CT 06106-5127
Concessionaire
Mr John Doe
123 ABC Drive
Hartford CT 06000
Notwithstanding any provisions in this contract DEP through a duly authorized employee may terminate the
contract whenever the agency makes a written determination that such termination is in the best interests of the
State
If the DEP cancels this contract for causes listed below or if the Concessionaire terminates this contract prior to
the end of its full term without the consent of the State Parks Division the Concessionaire shall forfeit hisher
rights to bid on future concessions under the control of the State Parks Division and any prior payments received
by the State of Connecticut
a Failure by the Concessionaire to make annual payment during any time the contract is in force
shall be considered cause for cancellation by the DEP
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 6 of 10
it may now have or will have to the laying of venue of any Claims in any forum and further irrevocably submits
to such jurisdiction in any suit action or proceeding
15 Severability If any term or provision of the Contract or its application to any person entity or
circumstance shall to any extent be held to be invalid or unenforceable the remainder of the Contract or the
application of such term or provision shall not be affected as to persons entities or circumstances other than
those as to whom or to which it is held to be invalid or unenforceable Each remaining term and provision of the
Contract shall be valid and enforced to the fullest extent possible by law
16 Nondisclosure The Contactor shall not release any information concerning the services provided pursuant
to the Agreement or any part thereof to any member of the public press business entity or any official body
unless prior written consent is obtained from the State
The parties have hereunto set their hands
SIGNED AND DELIVERED below
STATE OF CONNECTICUT
By ____________________________(LS)
Thomas M Morrissey
Chief Bureau of Outdoor Recreation
Department of Environmental Protection
Date __________________
By____________________________ (LS)
John Doe
Concessionaire
Date _________________
APPROVED AS TO FORM
By ____________________________________ on ________________________
Assistant Attorney General
Page 7 of 10
(VARIOUS STATE PARKS CONCESSION CONTRACT)
ldquoATTACHMENT Ardquo
THE CONCESSIONAIRE AGREES TO THE FOLLOWING CONDITIONS
1 Insurance The Concessionaire shall furnish evidence of insurance A Certificate of Insurance
covering the whole period of the Concession contract shall reflect the following limits and shall be
submitted by the awarded Concessionaire to the Department of Environmental Protection
Commercial General Liability insurance providing a total limit of $1000000 for all damages
arising out of bodily injury to or death of all persons in any accident or occurrence and for all damages
arising out of injury to or destruction of property in any one accident or occurrence In cases where
any insurance policy shows an aggregate limit the aggregate limit shall not be less than $2000000
The operation of all motor vehicles including those hired or borrowed used in connection with
this contract shall be covered by Automobile Liability insurance providing for a total limit of
$1000000 for all damages arising out of bodily injuries or death of all persons in any one accident or
occurrence for all damages arising out of injury or destruction of property in any one accident or
occurrence In cases where an insurance policy shows an aggregate limit the limit shall not be less
than $2000000
The State of Connecticut shall be listed as an Additional Insured on all required coverage Said
coverage is to be provided by insurance companies licensed by the State of Connecticut Any
deductibles or self-insured retentions must be declared and approved by the State
With respect to all operations performed by the Concessionaire the Concessionaire shall carry
Workerrsquos Compensation insurance in accordance with the requirements of the laws of the State of
Connecticut
2 Item and Price List The Concessionaire shall forward by April 1 of each year of this agreement
a price list of all commodities andor souvenirs for sale to the Department of Environmental Protection
Bureau of Outdoor Recreation State Parks Division 79 Elm Street Hartford CT 06106-5127 for
approval for each subsequent year of the contract Any price increases are subject to the prior written
approval of the State Parks Division The Concessionaire shall post a price list of all commodities for
sale in full public view while in operation
The Concessionaire shall be allowed to sell souvenirs provided they are approved by the Division of
State Parks and Public Outreach however if the park name is used on souvenirs or items of clothing
the complete park name shall be used such as ldquoVarious State Parkrdquo not just ldquoVarious Parkrdquo
The Concessionaire warrants that all goods offered for sale shall not exceed in price nor be substandard
in quality or quantity to like articles sold in the surrounding community
Page 8 of 10
3 Sunscreen All Concessionairersquos that operate a concession in a beach park shall have available for
sale to the general public sunscreen with a Sun Protection Factor (SPF) of at least 15 for adults and
SPF 45 for children
4 Use of Biodegradable Products The Department of Environmental Protection encourages the
Concessionaire to use biodegradable products and packaging in its operations ie paper products or
products containing recycled contents only
5 Non-Glass Containers All liquids dispensed by the Concessionaire shall be in non-glass
containers
6 Prohibitions
The Concessionaire shall not sell flotation devices of any kind beach balls snorkels
facemasks or similar articles
The Concessionaire shall not sell dispense or give away alcoholic beverages
The Concessionaire shall not permit gratuities to employees of the State of Connecticut
No video or pinball games shall be permitted
No vending machines shall be permitted
7 Hours of Operation The Concessionaire shall open the concession(s) every day no later than 10 am
except during inclement weather and the concession shall remain open until three hours before but not later
than sunset from the date the contract is executed through Labor Day weekend For all remaining years of
the contract after 2009 the concession shall be open from Memorial Day through Labor Day weekend
Exceptions to this schedule shall be established through joint agreement of the on-site Park Supervisor and
the Concessionaire When closing due to inclement weather the on-site Park Supervisor must be notified
The Concessionaire shall keep a log where the concession is located of all early closures and shall submit a
season-end report to the Park Supervisor at the close of the concession season but no later than October 15th
8 Health Department Inspections The Concessionaire is responsible for scheduling inspections by
the appropriate local health department at the beginning of concession operations and thereafter
annually prior to April 15th
of each year this agreement is in effect The Concessionaire is responsible
for and shall directly pay for any fees charged for such inspections THE CONCESSIONAIRE
WILL BE RESPONSIBLE FOR OBTAINING AN ANNUAL PERMIT FROM THE LOCAL
HEALTH DEPARTMENT FOR THE TOWN THAT THE RESPECTIVE PARK IS
LOCATED A CURRENT PERMIT WILL BE OBTAINED EACH YEAR THE CONTRACT
IS IN FORCE AND MUST BE RECEIVED BY THE DEP DIVISION OF STATE PARKS AND
PUBLIC OUTREACH 79 ELM STREET HARTFORD CT 06106-5127 PRIOR TO
OPENING THE CONCESSION OPERATION
9 Public Health Code The Concessionaire agrees to conform to the Public Health Code of the State
of Connecticut concerning the storage handling and vending of food
10 State-Owned Equipment The Concessionaire shall be responsible for the use of all State-owned
equipment and agrees to replace articles lost or damaged other than those damaged by usual wear
resulting from concession use
11 State Property The Concessionaire shall install no fixed equipment nor make any physical
changes to State property without the prior written approval of DEP Any improvements andor
permanent fixtures approved by the DEP and provided by the Concessionaire during the contract term
shall become the property of the State of Connecticut at the termination of this agreement
Page 9 of 10
12 Utilities and Suppliers For billing purposes with Concessionaires utility companies and
suppliers the Concessionaire shall always use the name referred to as the ldquoConcessionairerdquo or
ldquoContractorrdquo At no time shall the Concessionaire use the state parkrsquos name and address for billing
purposes
13 InsectVermin Control The Concessionaire is responsible for any insect andor vermin control
as determined by the local or state health departments or by the on-site Park Supervisor
14 Refuse Disposal The Concessionaire at hisher own expense shall be responsible for the
disposal and removal of all recyclables and trash generated by said concession operation
15 General Maintenance The Concessionaire shall be responsible for maintaining in a clean
sanitary and orderly manner the general area of the State Park in which the Concession is located
DEP representatives or designees may inspect the Concession area at any time
16 Exclusivity The Concessionaire shall have the exclusive right to sell food within the park in
which the Concessionaire is the Lessee with the exception of foods or goods which have prior written
approval for DEP sanctioned events where food andor goods may be sold by the event sponsor or their
authorized agents
17 Rights of Park Visitors The Concessionaire agrees that nothing contained in the terms of the
Concession Contract shall prevent visitors from bringing their own food for their use to the park and
cooking such food for themselves Park visitors may also pre-arrange for private catering services on
department properties with the approval of the on-site Park Supervisor These services may be
permitted with the condition that no financial transactions occur on-site
18 On-Site Staffing Whenever the concession is open for business the Concessionaire must have
present an employee who is a qualified on-site manager That manager must be knowledgeable in all
aspects of operating the concession business
19 Code of Conduct Due to the public service nature of the Concession the Concessionaire and all
employees of the Concessionaire shall conduct themselves in a courteous respectful and professional
manner with all members of the public
20 Appearance The Concessionaire and hisher employees shall be clean and neat in appearance
Wearing an item of uniform eg a shirt hat or badge identifying the name of the Concessionaire
employee or business is encouraged
21 Concession Location The Concessionaire agrees unless specifically authorized in writing by
DEP to do otherwise to confine all sales to the established concession building(s) and further to
confine all advertising to the interior of said concession building(s) In the case of motor vehicle or
better known ldquomobilerdquo concessions the Concessionaire will confine the advertising menu to a sign
either affixed in the most notable area of the vehicle for the public to read or with the Park
Supervisorrsquos approval a movable sign would be acceptable next to the mobile concession vehicle
22 Food Inspection An authorized representative of the DEP shall conduct an annual in-season
food inspection The Concessionaire shall provide a range of food and beverage items (which will
constitute one free meal) to the DEPrsquos representative for food-tasting purposes
23 Financial Reporting By November 15th
of each calendar year that this contract is in force the
Concessionaire shall submit a certified statement of annual gross receipts attested to by a Notary
Page 10 of 10
Public andor a Commissioner of the Superior Court to Department of Environmental Protection
Bureau of Outdoor Recreation State Parks Division 79 Elm Street Hartford CT 06106-5127
24 Revenue DEP shall not assume responsibility for revenue loss directly or indirectly attributable
to actions taken by the DEP resulting from weather or crowd conditions or acts of God Neither shall
DEP assume responsibility for revenue loss directly or indirectly attributable to attendance loss
weather conditions or other uncontrollable phenomena
25 Compliance The Concessionaire agrees to comply with the regulations of the Department of
Environmental Protection regarding State Park and Forest Recreation Areas and with any other
department policy concerning the operation of concessions
Page 6 of 10
A Name of the Contract for which the proposal is being submitted (ie which park or parks)
B Proposers Information
Provide the information requested below
1 Name of Proposer
2 Business Address
3 Telephone Number
4 E-mail Address (If Available)
5 Federal Employer ID Number Social Security Number
C Proposerrsquos Representatives
The Proposer may designate an authorized representative and one alternate who may speak and
act on behalf of the Proposer in all dealings with the agency if necessary Provide the
following information for each individual
1 Names
2 Telephone Numbers 3 Normal Hours of Work
D Individual or Organizational Profile
1 Qualifications
Proposers must be at least 18 years of age and must able to legally work in the
United States of America for the entire term of the contract
Provide a statement of your organizations qualifications and food service
experience Where applicable the statement should include a history of annual gross
receipts for the Proposers three most recent years of operating a food and beverage
concessions
2 Key Personnel and Staffing
Identify the key supervisory and management personnel that will be assigned to this project
Attach resumes reflecting their qualifications including related work experience The
Department must be given advanced notice in writing of the departure of any key personnel
from the project Identify the personnel resources that will be assigned to meet the work
schedule outlined below in Section E Subsection 4
3 Legal Status
If the Proposer is a firm or corporation describe the organizationrsquos legal status (eg sole
proprietorship partnership limited partnership corporation subchapter S corporation)
Report the states in which the organization is registered to do business
Page 7 of 10
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 CGS sect 1-85
E Outline of Work
1 Personnel
Describe who will be working at the concession What is their level of experience in food
service operation and describe the level of supervision will they receive Describe the dress
code and personal hygiene standards
2 Menu
Provide a sample menu with a price list Describe any non-consumable items you would
have for sale (ie sun tan lotion flip-flops etc)
3 Equipment
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 weekendsholidays
weekdays earlylate season and peak season
9 RFP Conditions
A All proposals in response to this RFP are to be the sole property of DEP Proposers are
encouraged not to include in their proposals any information that is proprietary All materials
associated with this procurement process are subject to the terms of State laws defining
freedom of information and privacy and all rules regulations and interpretations resulting from
those laws
B Any product whether acceptable or unacceptable developed under a contract awarded as a
result of the RFP is to be the sole property of DEP
C Timing and sequence of events resulting from this RFP will ultimately be determined by DEP
D The Proposer agrees that the proposal will remain valid for a period of 90 days after the
deadline for submission and may be extended beyond that time by mutual agreement
Page 8 of 10
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 Proposers personnel who do not perform adequately
on the project regardless of whether they were previously approved by DEP
G Any costs and expenses incurred by Proposers in preparing or submitting proposals are the sole
responsibility of the Proposer
H A Proposer must be prepared to present evidence of experience ability service facilities and
financial condition necessary to satisfactorily meet the requirements set forth or implied in the
proposal
I No additions or changes to the original proposal will be allowed after submission While
changes are not permitted clarification of proposals may be required by DEP at the Proposerrsquos
sole cost and expense
J In some cases Proposers may be asked to give demonstrations interviews presentations or
further explanation to the RFPrsquos Screening Committee
K The Proposer represents and warrants that the proposal is not made in connection with any
other Proposer and is in all respects fair and without collusion or fraud The Proposer further
represents and warrants that the Proposer did not participate in any part of the RFP
development process had no knowledge of the specific contents of the RFP prior to its
issuance and that no agent representative or employee of DEP participated directly in the
Proposerrsquos proposal preparation
L All responses to the RFP must conform to instruction Failure to include required signatures
provide the required number of copies meet deadlines answer all questions follow the
required format or failure to comply with any other requirements of this RFP may be
considered appropriate cause for rejection of the response
M The Proposer must accept DEPrsquos standard contract language and conditions (See sample of
standard contract and conditions attached)
N The contract will represent the entire agreement between the Proposer and DEP and will
supersede all prior negotiations representations or agreements alleged or made between the
parties DEP or the State shall assume no liability for payment of services under the terms of
the contract until the successful Proposer is notified that the contract has been accepted and
approved by DEP and by the AGrsquos Office The contract may be amended only by means of a
written instrument signed by DEP the Proposer and the AGrsquos Office
Page 9 of 10
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 andor specifications of the RFP
The DEP also reserves the right to waive technical defect irregularities and omissions if in its
judgment the best interest of DEP will be served DEP reserves the right to correct inaccurate
awards resulting from its clerical errors This may include in extreme circumstances revoking
the awarding of a contract already made to a Proposer and subsequently awarding the contract
to another Proposer Such action on the part of DEP shall not constitute a breach of contract on
the part of DEP since the contract with the initial Proposer is deemed to be void ab initio and of
no effect as if no contract ever existed between DEP and the Proposer
10 Agencyrsquos Standard Contract and Conditions and Statersquos Contract Compliance Requirements
See the attached Sample Concession Contract for standard contract conditions
11 Park Descriptions
A 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 (ie firewood groceries insect repellent bait
etc) and small equipment (ie 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 80659 day use visitors and 14948 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 $18771 in 2007 and
$18055 in 2008
5 The concession building is 900 square feet and was constructed in 1974 It has an
assessed value of $53398 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 10 of 10
B Quaddick State Park Thompson
1 Activities
Swimming
Lake fishing
Boat launch
Picnicking
Field sports
2 Attendance in 2008 was 43000 day use visitors
3 Gross receipts for a food and beverage concession ranged from approximately
$4000 to $12000 between the 1980s and 2004
4 The concession building is 276 square feet It has an assessed value of $8778 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 wwwctgovdepstateparks
Page 1 of 1
LETTER OF INTENT TO SUBMIT A PROPOSAL
State of Connecticut
Department of Environmental Protection
RFP for _________________________ State Park
Return to Ms Patricia Downes
Department of Environmental Protection
Bureau of Outdoor Recreation
79 Elm Street
Hartford CT 06106-5127
860-424-3504 (Phone)
860-424-4070 (FAX)
Return Deadline 400 PM March 6 2009
The individual firm or corporation below intends to submit a proposal in response to the above referenced RFP
Note This letter is a non-binding expression of interest and does not obligate the sender to submit a proposal
The individual firm or corporation below has reviewed and if selected accepts the agencyrsquos standard contract and
conditions (provided in the RFP) in their entirety and without amendment
Name
Mailing Address
Contact Person
Telephone
FAX
Signature
Title Date
Page 1 of 10
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 Staterdquo or ldquoDEPrdquo and
John Doe of the Town of Hartford in the County of Hartford and the State of Connecticut hereinafter referred
to as the ldquoConcessionairerdquo or ldquoContractorrdquo
WITNESSETH
WHEREAS the DEP pursuant to Conn Gen Stat 23-26 has the authority to enter into contractual relations
with persons for the maintenance of concessions and other sources of revenue to be derived from services to the
general public using state parks and WHEREAS the Concessionaire desires to operate the concessions and
render services to the public at
VARIOUS STATE PARKS
NOW THEREFORE it is hereby agreed as follows
1 Duration The DEP hereby grants to the Concessionaire the exclusive right to operate a food and beverage
concession at the above mentioned State Park located in the Town of _________ County of _________ State
of Connecticut from the execution of this contract through September 30 2011 The DEP in its sole discretion
may renew this contract for one 2-year period under the same terms and conditions as outlined in this contract
2 Payment In consideration of said right and privileges the Concessionaire agrees to pay the sum of
$__________ annually payable in the amount of $__________ (50) at the execution of this contract and
$__________ (50) on or before July 15 2009 Beginning in 2010 the semi-annual payment of $__________
(50) shall be made payable by May 15th and July 15
th each year that this contract is in effect If the annual sum
is less than $100000 the sum is due in full at the execution of the contract and by May 15th of each
subsequent year that the contract is in effect All payments shall be made by check draft or money order
payable to Treasurer-State of Connecticut and delivered or mailed to the Department of Environmental
Protection Accounts Receivable 79 Elm Street Hartford Connecticut 06106-5127
3 Attachment ldquoArdquo hereto is incorporated herein by reference and all provisions thereof shall be binding upon
the parties
4 Non-Discrimination
The following subsections are set forth here as required by section 4a-60 of the Connecticut General Statutes as
amended by PA 07-142
(a) Every contract to which the state or any political subdivision of the state other than a municipality is a
party shall contain the following provisions (1) The contractor agrees and warrants that in the performance of
the contract such contractor will not discriminate or permit discrimination against any person or group of
persons on the grounds of race color religious creed age marital status national origin ancestry sex mental
retardation or physical disability including but not limited to blindness unless it is shown by such contractor
that such disability prevents performance of the work involved in any manner prohibited by the laws of the
Page 2 of 10
United States or of the state of Connecticut The contractor further agrees to take affirmative action to insure
that applicants with job-related qualifications are employed and that employees are treated when employed
without regard to their race color religious creed age marital status national origin ancestry sex mental
retardation or physical disability including but not limited to blindness unless it is shown by such
contractor that such disability prevents performance of the work involved (2) the contractor agrees in all
solicitations or advertisements for employees placed by or on behalf of the contractor to state that it is an
affirmative action-equal opportunity employer in accordance with regulations adopted by the commission
(3) the contractor agrees to provide each labor union or representative of workers with which such contractor
has a collective bargaining agreement or other contract or understanding and each vendor with which such
contractor has a contract or understanding a notice to be provided by the commission advising the labor union
or workers representative of the contractors commitments under this section and to post copies of the notice
in conspicuous places available to employees and applicants for employment (4) the contractor agrees to
comply with each provision of this section and sections 46a-68e and 46a-68f and with each regulation or
relevant order issued by said commission pursuant to sections 46a-56 as amended by this act 46a-68e and
46a-68f (5) the contractor agrees to provide the Commission on Human Rights and Opportunities with such
information requested by the commission and permit access to pertinent books records and accounts
concerning the employment practices and procedures of the contractor as relate to the provisions of this
section and section 46a-56 as amended by this act If the contract is a public works contract the contractor
agrees and warrants that he will make good faith efforts to employ minority business enterprises as
subcontractors and suppliers of materials on such public works project Prior to entering into the contract the
contractor shall provide the state or such political subdivision of the state with documentation in the form of a
company or corporate policy adopted by resolution of the board of directors shareholders managers
members or other governing body of such contractor to support the nondiscrimination agreement and warranty
under subdivision (1) of this subsection For the purposes of this section contract includes any extension or
modification of the contract and contractor includes any successors or assigns of the contractor
(b) For the purposes of this section minority business enterprise means any small contractor or supplier of
materials fifty-one per cent or more of the capital stock if any or assets of which is owned by a person or
persons (1) Who are active in the daily affairs of the enterprise (2) who have the power to direct the
management and policies of the enterprise and (3) who are members of a minority as such term is defined in
subsection (a) of section 32-9n and good faith means that degree of diligence which a reasonable person
would exercise in the performance of legal duties and obligations Good faith efforts shall include but not
be limited to those reasonable initial efforts necessary to comply with statutory or regulatory requirements
and additional or substituted efforts when it is determined that such initial efforts will not be sufficient to
comply with such requirements
(c) Determination of the contractors good faith efforts shall include but shall not be limited to the following
factors The contractors employment and subcontracting policies patterns and practices affirmative
advertising recruitment and training technical assistance activities and such other reasonable activities or
efforts as the commission may prescribe that are designed to ensure the participation of minority business
enterprises in public works projects
(d) The contractor shall develop and maintain adequate documentation in a manner prescribed by the
commission of its good faith efforts
(e) The contractor shall include the provisions of subsection (a) of this section in every subcontract or
purchase order entered into in order to fulfill any obligation of a contract with the state and such provisions
shall be binding on a subcontractor vendor or manufacturer unless exempted by regulations or orders of the
commission The contractor shall take such action with respect to any such subcontract or purchase order as
the commission may direct as a means of enforcing such provisions including sanctions for noncompliance in
accordance with section 46a-56 provided if such contractor becomes involved in or is threatened with
litigation with a subcontractor or vendor as a result of such direction by the commission the contractor may
request the state of Connecticut to enter into any such litigation or negotiation prior thereto to protect the
interests of the state and the state may so enter
Page 3 of 10
The following subsections are set forth here as required by section 4a-60a of the Connecticut General Statutes
as amended by PA 07-142
(a) Every contract to which the state or any political subdivision of the state other than a municipality is a
party shall contain the following provisions (1) The contractor agrees and warrants that in the performance of
the contract such contractor will not discriminate or permit discrimination against any person or group of
persons on the grounds of sexual orientation in any manner prohibited by the laws of the United States or of
the state of Connecticut and that employees are treated when employed without regard to their sexual
orientation (2) the contractor agrees to provide each labor union or representative of workers with which such
contractor has a collective bargaining agreement or other contract or understanding and each vendor with
which such contractor has a contract or understanding a notice to be provided by the Commission on Human
Rights and Opportunities advising the labor union or workers representative of the contractors commitments
under this section and to post copies of the notice in conspicuous places available to employees and
applicants for employment (3) the contractor agrees to comply with each provision of this section and with
each regulation or relevant order issued by said commission pursuant to section 46a-56 as amended by this
act (4) the contractor agrees to provide the Commission on Human Rights and Opportunities with such
information requested by the commission and permit access to pertinent books records and accounts
concerning the employment practices and procedures of the contractor which relate to the provisions of this
section and section 46a-56 as amended by this act Prior to entering into the contract the contractor shall
provide the state or such political subdivision of the state with documentation in the form of a company or
corporate policy adopted by resolution of the board of directors shareholders managers members or other
governing body of such contractor to support the nondiscrimination agreement and warranty under
subdivision (1) of this subsection For the purposes of this section contract includes any extension or
modification of the contract and contractor includes any successors or assigns of the contractor
(b) The contractor shall include the provisions of subsection (a) of this section in every subcontract or
purchase order entered into in order to fulfill any obligation of a contract with the state and such provisions
shall be binding on a subcontractor vendor or manufacturer unless exempted by regulations or orders of the
commission The contractor shall take such action with respect to any such subcontract or purchase order as
the commission may direct as a means of enforcing such provisions including sanctions for noncompliance in
accordance with section 46a-56 provided if such contractor becomes involved in or is threatened with
litigation with a subcontractor or vendor as a result of such direction by the commission the contractor may
request the state of Connecticut to enter into any such litigation or negotiation prior thereto to protect the
interests of the state and the state may so enter
5 Executive Orders The Contract is subject to the provisions of Executive Order No Three of Governor
Thomas J Meskill promulgated June 16 1971 concerning labor employment practices Executive Order No
Seventeen of Governor Thomas J Meskill promulgated February 15 1973 concerning the listing of
employment openings and Executive Order No Sixteen of Governor John G Rowland promulgated August 4
1999 concerning violence in the workplace all of which are incorporated into and are made a part of the
Contract as if they had been fully set forth in it At the Contractorrsquos request the Client Agency shall provide a
copy of these orders to the Contractor The Contract may also be subject to Executive Order No 7C of
Governor M Jodi Rell promulgated July 13 2006 concerning contracting reforms and Executive Order No 14
of Governor M Jodi Rell promulgated April 17 2006 concerning procurement of cleaning products and
services in accordance with their respective terms and conditions
6 Clarifications In case of conflicts discrepancies errors or omissions among the various parts of this
contract any such matter shall be submitted immediately by Contractor to the State for clarification The State
shall issue clarification within a reasonable period of time Any services affected by such conflicts
discrepancies errors or omissions which are performed by Contractor prior to clarification by the State shall be
at Contractorrsquos risk
7 Indemnification (a) The Contractor shall indemnify defend and hold harmless the State and its officers
representatives agents servants employees successors and assigns from and against any and all (1) Claims
arising directly or indirectly in connection with the Contract including the acts of commission or omission
Page 4 of 10
(collectively the Acts) of the Contractor or Contractor Parties and (2) liabilities damages losses costs and
expenses including but not limited to attorneys and other professionals fees arising directly or indirectly in
connection with Claims Acts or the Contract The Contractor shall use counsel reasonably acceptable to the
State in carrying out its obligations under this section The Contractorrsquos obligations under this section to
indemnify defend and hold harmless against Claims includes Claims concerning confidentiality of any part of
or all of the Bid or any Records any intellectual property rights other proprietary rights of any person or entity
copyrighted or uncopyrighted compositions secret processes patented or unpatented inventions articles or
appliances furnished or used in the Performance of the Contract
(b) The Contractor shall reimburse the State for any and all damages to the real or personal property of the State
caused by the Acts of the Contractor or any Contractor Parties The State shall give the Contractor reasonable
notice of any such Claims
(c) The Contractorrsquos duties under this section shall remain fully in effect and binding in accordance with the
terms and conditions of the Contract without being lessened or compromised in any way even where the
Contractor is alleged or is found to have merely contributed in part to the Acts giving rise to the Claims andor
where the State is alleged or is found to have contributed to the Acts giving rise to the Claims
(d) The Contractor shall carry and maintain at all times during the term of the Contract and during the time that
any provisions survive the term of the Contract sufficient general liability insurance to satisfy its obligations
under this Contract The Contractor shall name the State as an additional insured on the policy and shall provide
a copy of the policy to the Agency prior to the effective date of the Contract The Contractor shall not begin
Performance until the delivery of the policy to the Agency
(e) The rights provided in this section for the benefit of the State shall encompass the recovery of attorneysrsquo and
other professionalsrsquo fees expended in pursuing a Claim against a third party
(f) This section shall survive the Termination Cancellation or Expiration of the Contract and shall not be
limited by reason of any insurance coverage
8 Amendments
Formal written amendment of the contract is required for changes to the final date of the contract period and to
terms and conditions specifically stated in the original contract and any prior amendments including but not
limited to
a The contractrsquos objectives services or plan
b Completion of objectives or services and
c Any other contract revisions determined material by the DEP
9 Change in Principal Project Staff Any changes in the principal project staff must be requested in writing
and approved in writing by the Commissioner or the Commissionerrsquos authorized representative at their sole
discretion In the event of any unapproved change in principal project staff the DEP may in its sole discretion
terminate or cancel this contract
10 Assignability The Contractor shall not assign any interest in this contract and shall not transfer any
interest in the same (whether by assignment or novation) without the prior written consent of the DEP thereto
provided however that claims for money due or to become due the Contractor from the DEP under this contract
may be assigned to a bank trust company or other financial institution without such approval Notice of any
assignment or transfer shall be furnished promptly to the DEP
11 Definition of ldquoExecutionrdquo This contract shall be fully executed when it has been signed by authorized
representatives of the parties and if it is for an amount exceeding three thousand dollars ($300000) by the
authorized representative of the state Attorney Generalrsquos Office
12 Sovereign Immunity The parties acknowledge and agree that nothing in the Solicitation or the Contract
shall be construed as a modification compromise or waiver by the State of any rights or defenses of any
immunities provided by Federal Law or the laws of the State of Connecticut to the State or any of its officers
Page 5 of 10
employees which may have had now have or will have with respect to all matters arising out of the Contract
To the extent that this section conflicts with any other section this section shall govern
13 CancellationTermination The DEP may cancel this contract for cause on five (5) daysrsquo notice A request
for termination of this contract by the Concessionaire or Contractor for a just cause will require approval by the
DEP Any cancellation or request for cancellation of this contract shall be submitted in writing and sent by
certified mail to
DEP
Bureau of Outdoor Recreation
Division of State Parks and Public Outreach
79 Elm Street
Hartford CT 06106-5127
Concessionaire
Mr John Doe
123 ABC Drive
Hartford CT 06000
Notwithstanding any provisions in this contract DEP through a duly authorized employee may terminate the
contract whenever the agency makes a written determination that such termination is in the best interests of the
State
If the DEP cancels this contract for causes listed below or if the Concessionaire terminates this contract prior to
the end of its full term without the consent of the State Parks Division the Concessionaire shall forfeit hisher
rights to bid on future concessions under the control of the State Parks Division and any prior payments received
by the State of Connecticut
a Failure by the Concessionaire to make annual payment during any time the contract is in force
shall be considered cause for cancellation by the DEP
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 6 of 10
it may now have or will have to the laying of venue of any Claims in any forum and further irrevocably submits
to such jurisdiction in any suit action or proceeding
15 Severability If any term or provision of the Contract or its application to any person entity or
circumstance shall to any extent be held to be invalid or unenforceable the remainder of the Contract or the
application of such term or provision shall not be affected as to persons entities or circumstances other than
those as to whom or to which it is held to be invalid or unenforceable Each remaining term and provision of the
Contract shall be valid and enforced to the fullest extent possible by law
16 Nondisclosure The Contactor shall not release any information concerning the services provided pursuant
to the Agreement or any part thereof to any member of the public press business entity or any official body
unless prior written consent is obtained from the State
The parties have hereunto set their hands
SIGNED AND DELIVERED below
STATE OF CONNECTICUT
By ____________________________(LS)
Thomas M Morrissey
Chief Bureau of Outdoor Recreation
Department of Environmental Protection
Date __________________
By____________________________ (LS)
John Doe
Concessionaire
Date _________________
APPROVED AS TO FORM
By ____________________________________ on ________________________
Assistant Attorney General
Page 7 of 10
(VARIOUS STATE PARKS CONCESSION CONTRACT)
ldquoATTACHMENT Ardquo
THE CONCESSIONAIRE AGREES TO THE FOLLOWING CONDITIONS
1 Insurance The Concessionaire shall furnish evidence of insurance A Certificate of Insurance
covering the whole period of the Concession contract shall reflect the following limits and shall be
submitted by the awarded Concessionaire to the Department of Environmental Protection
Commercial General Liability insurance providing a total limit of $1000000 for all damages
arising out of bodily injury to or death of all persons in any accident or occurrence and for all damages
arising out of injury to or destruction of property in any one accident or occurrence In cases where
any insurance policy shows an aggregate limit the aggregate limit shall not be less than $2000000
The operation of all motor vehicles including those hired or borrowed used in connection with
this contract shall be covered by Automobile Liability insurance providing for a total limit of
$1000000 for all damages arising out of bodily injuries or death of all persons in any one accident or
occurrence for all damages arising out of injury or destruction of property in any one accident or
occurrence In cases where an insurance policy shows an aggregate limit the limit shall not be less
than $2000000
The State of Connecticut shall be listed as an Additional Insured on all required coverage Said
coverage is to be provided by insurance companies licensed by the State of Connecticut Any
deductibles or self-insured retentions must be declared and approved by the State
With respect to all operations performed by the Concessionaire the Concessionaire shall carry
Workerrsquos Compensation insurance in accordance with the requirements of the laws of the State of
Connecticut
2 Item and Price List The Concessionaire shall forward by April 1 of each year of this agreement
a price list of all commodities andor souvenirs for sale to the Department of Environmental Protection
Bureau of Outdoor Recreation State Parks Division 79 Elm Street Hartford CT 06106-5127 for
approval for each subsequent year of the contract Any price increases are subject to the prior written
approval of the State Parks Division The Concessionaire shall post a price list of all commodities for
sale in full public view while in operation
The Concessionaire shall be allowed to sell souvenirs provided they are approved by the Division of
State Parks and Public Outreach however if the park name is used on souvenirs or items of clothing
the complete park name shall be used such as ldquoVarious State Parkrdquo not just ldquoVarious Parkrdquo
The Concessionaire warrants that all goods offered for sale shall not exceed in price nor be substandard
in quality or quantity to like articles sold in the surrounding community
Page 8 of 10
3 Sunscreen All Concessionairersquos that operate a concession in a beach park shall have available for
sale to the general public sunscreen with a Sun Protection Factor (SPF) of at least 15 for adults and
SPF 45 for children
4 Use of Biodegradable Products The Department of Environmental Protection encourages the
Concessionaire to use biodegradable products and packaging in its operations ie paper products or
products containing recycled contents only
5 Non-Glass Containers All liquids dispensed by the Concessionaire shall be in non-glass
containers
6 Prohibitions
The Concessionaire shall not sell flotation devices of any kind beach balls snorkels
facemasks or similar articles
The Concessionaire shall not sell dispense or give away alcoholic beverages
The Concessionaire shall not permit gratuities to employees of the State of Connecticut
No video or pinball games shall be permitted
No vending machines shall be permitted
7 Hours of Operation The Concessionaire shall open the concession(s) every day no later than 10 am
except during inclement weather and the concession shall remain open until three hours before but not later
than sunset from the date the contract is executed through Labor Day weekend For all remaining years of
the contract after 2009 the concession shall be open from Memorial Day through Labor Day weekend
Exceptions to this schedule shall be established through joint agreement of the on-site Park Supervisor and
the Concessionaire When closing due to inclement weather the on-site Park Supervisor must be notified
The Concessionaire shall keep a log where the concession is located of all early closures and shall submit a
season-end report to the Park Supervisor at the close of the concession season but no later than October 15th
8 Health Department Inspections The Concessionaire is responsible for scheduling inspections by
the appropriate local health department at the beginning of concession operations and thereafter
annually prior to April 15th
of each year this agreement is in effect The Concessionaire is responsible
for and shall directly pay for any fees charged for such inspections THE CONCESSIONAIRE
WILL BE RESPONSIBLE FOR OBTAINING AN ANNUAL PERMIT FROM THE LOCAL
HEALTH DEPARTMENT FOR THE TOWN THAT THE RESPECTIVE PARK IS
LOCATED A CURRENT PERMIT WILL BE OBTAINED EACH YEAR THE CONTRACT
IS IN FORCE AND MUST BE RECEIVED BY THE DEP DIVISION OF STATE PARKS AND
PUBLIC OUTREACH 79 ELM STREET HARTFORD CT 06106-5127 PRIOR TO
OPENING THE CONCESSION OPERATION
9 Public Health Code The Concessionaire agrees to conform to the Public Health Code of the State
of Connecticut concerning the storage handling and vending of food
10 State-Owned Equipment The Concessionaire shall be responsible for the use of all State-owned
equipment and agrees to replace articles lost or damaged other than those damaged by usual wear
resulting from concession use
11 State Property The Concessionaire shall install no fixed equipment nor make any physical
changes to State property without the prior written approval of DEP Any improvements andor
permanent fixtures approved by the DEP and provided by the Concessionaire during the contract term
shall become the property of the State of Connecticut at the termination of this agreement
Page 9 of 10
12 Utilities and Suppliers For billing purposes with Concessionaires utility companies and
suppliers the Concessionaire shall always use the name referred to as the ldquoConcessionairerdquo or
ldquoContractorrdquo At no time shall the Concessionaire use the state parkrsquos name and address for billing
purposes
13 InsectVermin Control The Concessionaire is responsible for any insect andor vermin control
as determined by the local or state health departments or by the on-site Park Supervisor
14 Refuse Disposal The Concessionaire at hisher own expense shall be responsible for the
disposal and removal of all recyclables and trash generated by said concession operation
15 General Maintenance The Concessionaire shall be responsible for maintaining in a clean
sanitary and orderly manner the general area of the State Park in which the Concession is located
DEP representatives or designees may inspect the Concession area at any time
16 Exclusivity The Concessionaire shall have the exclusive right to sell food within the park in
which the Concessionaire is the Lessee with the exception of foods or goods which have prior written
approval for DEP sanctioned events where food andor goods may be sold by the event sponsor or their
authorized agents
17 Rights of Park Visitors The Concessionaire agrees that nothing contained in the terms of the
Concession Contract shall prevent visitors from bringing their own food for their use to the park and
cooking such food for themselves Park visitors may also pre-arrange for private catering services on
department properties with the approval of the on-site Park Supervisor These services may be
permitted with the condition that no financial transactions occur on-site
18 On-Site Staffing Whenever the concession is open for business the Concessionaire must have
present an employee who is a qualified on-site manager That manager must be knowledgeable in all
aspects of operating the concession business
19 Code of Conduct Due to the public service nature of the Concession the Concessionaire and all
employees of the Concessionaire shall conduct themselves in a courteous respectful and professional
manner with all members of the public
20 Appearance The Concessionaire and hisher employees shall be clean and neat in appearance
Wearing an item of uniform eg a shirt hat or badge identifying the name of the Concessionaire
employee or business is encouraged
21 Concession Location The Concessionaire agrees unless specifically authorized in writing by
DEP to do otherwise to confine all sales to the established concession building(s) and further to
confine all advertising to the interior of said concession building(s) In the case of motor vehicle or
better known ldquomobilerdquo concessions the Concessionaire will confine the advertising menu to a sign
either affixed in the most notable area of the vehicle for the public to read or with the Park
Supervisorrsquos approval a movable sign would be acceptable next to the mobile concession vehicle
22 Food Inspection An authorized representative of the DEP shall conduct an annual in-season
food inspection The Concessionaire shall provide a range of food and beverage items (which will
constitute one free meal) to the DEPrsquos representative for food-tasting purposes
23 Financial Reporting By November 15th
of each calendar year that this contract is in force the
Concessionaire shall submit a certified statement of annual gross receipts attested to by a Notary
Page 10 of 10
Public andor a Commissioner of the Superior Court to Department of Environmental Protection
Bureau of Outdoor Recreation State Parks Division 79 Elm Street Hartford CT 06106-5127
24 Revenue DEP shall not assume responsibility for revenue loss directly or indirectly attributable
to actions taken by the DEP resulting from weather or crowd conditions or acts of God Neither shall
DEP assume responsibility for revenue loss directly or indirectly attributable to attendance loss
weather conditions or other uncontrollable phenomena
25 Compliance The Concessionaire agrees to comply with the regulations of the Department of
Environmental Protection regarding State Park and Forest Recreation Areas and with any other
department policy concerning the operation of concessions
Page 7 of 10
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 CGS sect 1-85
E Outline of Work
1 Personnel
Describe who will be working at the concession What is their level of experience in food
service operation and describe the level of supervision will they receive Describe the dress
code and personal hygiene standards
2 Menu
Provide a sample menu with a price list Describe any non-consumable items you would
have for sale (ie sun tan lotion flip-flops etc)
3 Equipment
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 weekendsholidays
weekdays earlylate season and peak season
9 RFP Conditions
A All proposals in response to this RFP are to be the sole property of DEP Proposers are
encouraged not to include in their proposals any information that is proprietary All materials
associated with this procurement process are subject to the terms of State laws defining
freedom of information and privacy and all rules regulations and interpretations resulting from
those laws
B Any product whether acceptable or unacceptable developed under a contract awarded as a
result of the RFP is to be the sole property of DEP
C Timing and sequence of events resulting from this RFP will ultimately be determined by DEP
D The Proposer agrees that the proposal will remain valid for a period of 90 days after the
deadline for submission and may be extended beyond that time by mutual agreement
Page 8 of 10
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 Proposers personnel who do not perform adequately
on the project regardless of whether they were previously approved by DEP
G Any costs and expenses incurred by Proposers in preparing or submitting proposals are the sole
responsibility of the Proposer
H A Proposer must be prepared to present evidence of experience ability service facilities and
financial condition necessary to satisfactorily meet the requirements set forth or implied in the
proposal
I No additions or changes to the original proposal will be allowed after submission While
changes are not permitted clarification of proposals may be required by DEP at the Proposerrsquos
sole cost and expense
J In some cases Proposers may be asked to give demonstrations interviews presentations or
further explanation to the RFPrsquos Screening Committee
K The Proposer represents and warrants that the proposal is not made in connection with any
other Proposer and is in all respects fair and without collusion or fraud The Proposer further
represents and warrants that the Proposer did not participate in any part of the RFP
development process had no knowledge of the specific contents of the RFP prior to its
issuance and that no agent representative or employee of DEP participated directly in the
Proposerrsquos proposal preparation
L All responses to the RFP must conform to instruction Failure to include required signatures
provide the required number of copies meet deadlines answer all questions follow the
required format or failure to comply with any other requirements of this RFP may be
considered appropriate cause for rejection of the response
M The Proposer must accept DEPrsquos standard contract language and conditions (See sample of
standard contract and conditions attached)
N The contract will represent the entire agreement between the Proposer and DEP and will
supersede all prior negotiations representations or agreements alleged or made between the
parties DEP or the State shall assume no liability for payment of services under the terms of
the contract until the successful Proposer is notified that the contract has been accepted and
approved by DEP and by the AGrsquos Office The contract may be amended only by means of a
written instrument signed by DEP the Proposer and the AGrsquos Office
Page 9 of 10
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 andor specifications of the RFP
The DEP also reserves the right to waive technical defect irregularities and omissions if in its
judgment the best interest of DEP will be served DEP reserves the right to correct inaccurate
awards resulting from its clerical errors This may include in extreme circumstances revoking
the awarding of a contract already made to a Proposer and subsequently awarding the contract
to another Proposer Such action on the part of DEP shall not constitute a breach of contract on
the part of DEP since the contract with the initial Proposer is deemed to be void ab initio and of
no effect as if no contract ever existed between DEP and the Proposer
10 Agencyrsquos Standard Contract and Conditions and Statersquos Contract Compliance Requirements
See the attached Sample Concession Contract for standard contract conditions
11 Park Descriptions
A 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 (ie firewood groceries insect repellent bait
etc) and small equipment (ie 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 80659 day use visitors and 14948 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 $18771 in 2007 and
$18055 in 2008
5 The concession building is 900 square feet and was constructed in 1974 It has an
assessed value of $53398 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 10 of 10
B Quaddick State Park Thompson
1 Activities
Swimming
Lake fishing
Boat launch
Picnicking
Field sports
2 Attendance in 2008 was 43000 day use visitors
3 Gross receipts for a food and beverage concession ranged from approximately
$4000 to $12000 between the 1980s and 2004
4 The concession building is 276 square feet It has an assessed value of $8778 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 wwwctgovdepstateparks
Page 1 of 1
LETTER OF INTENT TO SUBMIT A PROPOSAL
State of Connecticut
Department of Environmental Protection
RFP for _________________________ State Park
Return to Ms Patricia Downes
Department of Environmental Protection
Bureau of Outdoor Recreation
79 Elm Street
Hartford CT 06106-5127
860-424-3504 (Phone)
860-424-4070 (FAX)
Return Deadline 400 PM March 6 2009
The individual firm or corporation below intends to submit a proposal in response to the above referenced RFP
Note This letter is a non-binding expression of interest and does not obligate the sender to submit a proposal
The individual firm or corporation below has reviewed and if selected accepts the agencyrsquos standard contract and
conditions (provided in the RFP) in their entirety and without amendment
Name
Mailing Address
Contact Person
Telephone
FAX
Signature
Title Date
Page 1 of 10
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 Staterdquo or ldquoDEPrdquo and
John Doe of the Town of Hartford in the County of Hartford and the State of Connecticut hereinafter referred
to as the ldquoConcessionairerdquo or ldquoContractorrdquo
WITNESSETH
WHEREAS the DEP pursuant to Conn Gen Stat 23-26 has the authority to enter into contractual relations
with persons for the maintenance of concessions and other sources of revenue to be derived from services to the
general public using state parks and WHEREAS the Concessionaire desires to operate the concessions and
render services to the public at
VARIOUS STATE PARKS
NOW THEREFORE it is hereby agreed as follows
1 Duration The DEP hereby grants to the Concessionaire the exclusive right to operate a food and beverage
concession at the above mentioned State Park located in the Town of _________ County of _________ State
of Connecticut from the execution of this contract through September 30 2011 The DEP in its sole discretion
may renew this contract for one 2-year period under the same terms and conditions as outlined in this contract
2 Payment In consideration of said right and privileges the Concessionaire agrees to pay the sum of
$__________ annually payable in the amount of $__________ (50) at the execution of this contract and
$__________ (50) on or before July 15 2009 Beginning in 2010 the semi-annual payment of $__________
(50) shall be made payable by May 15th and July 15
th each year that this contract is in effect If the annual sum
is less than $100000 the sum is due in full at the execution of the contract and by May 15th of each
subsequent year that the contract is in effect All payments shall be made by check draft or money order
payable to Treasurer-State of Connecticut and delivered or mailed to the Department of Environmental
Protection Accounts Receivable 79 Elm Street Hartford Connecticut 06106-5127
3 Attachment ldquoArdquo hereto is incorporated herein by reference and all provisions thereof shall be binding upon
the parties
4 Non-Discrimination
The following subsections are set forth here as required by section 4a-60 of the Connecticut General Statutes as
amended by PA 07-142
(a) Every contract to which the state or any political subdivision of the state other than a municipality is a
party shall contain the following provisions (1) The contractor agrees and warrants that in the performance of
the contract such contractor will not discriminate or permit discrimination against any person or group of
persons on the grounds of race color religious creed age marital status national origin ancestry sex mental
retardation or physical disability including but not limited to blindness unless it is shown by such contractor
that such disability prevents performance of the work involved in any manner prohibited by the laws of the
Page 2 of 10
United States or of the state of Connecticut The contractor further agrees to take affirmative action to insure
that applicants with job-related qualifications are employed and that employees are treated when employed
without regard to their race color religious creed age marital status national origin ancestry sex mental
retardation or physical disability including but not limited to blindness unless it is shown by such
contractor that such disability prevents performance of the work involved (2) the contractor agrees in all
solicitations or advertisements for employees placed by or on behalf of the contractor to state that it is an
affirmative action-equal opportunity employer in accordance with regulations adopted by the commission
(3) the contractor agrees to provide each labor union or representative of workers with which such contractor
has a collective bargaining agreement or other contract or understanding and each vendor with which such
contractor has a contract or understanding a notice to be provided by the commission advising the labor union
or workers representative of the contractors commitments under this section and to post copies of the notice
in conspicuous places available to employees and applicants for employment (4) the contractor agrees to
comply with each provision of this section and sections 46a-68e and 46a-68f and with each regulation or
relevant order issued by said commission pursuant to sections 46a-56 as amended by this act 46a-68e and
46a-68f (5) the contractor agrees to provide the Commission on Human Rights and Opportunities with such
information requested by the commission and permit access to pertinent books records and accounts
concerning the employment practices and procedures of the contractor as relate to the provisions of this
section and section 46a-56 as amended by this act If the contract is a public works contract the contractor
agrees and warrants that he will make good faith efforts to employ minority business enterprises as
subcontractors and suppliers of materials on such public works project Prior to entering into the contract the
contractor shall provide the state or such political subdivision of the state with documentation in the form of a
company or corporate policy adopted by resolution of the board of directors shareholders managers
members or other governing body of such contractor to support the nondiscrimination agreement and warranty
under subdivision (1) of this subsection For the purposes of this section contract includes any extension or
modification of the contract and contractor includes any successors or assigns of the contractor
(b) For the purposes of this section minority business enterprise means any small contractor or supplier of
materials fifty-one per cent or more of the capital stock if any or assets of which is owned by a person or
persons (1) Who are active in the daily affairs of the enterprise (2) who have the power to direct the
management and policies of the enterprise and (3) who are members of a minority as such term is defined in
subsection (a) of section 32-9n and good faith means that degree of diligence which a reasonable person
would exercise in the performance of legal duties and obligations Good faith efforts shall include but not
be limited to those reasonable initial efforts necessary to comply with statutory or regulatory requirements
and additional or substituted efforts when it is determined that such initial efforts will not be sufficient to
comply with such requirements
(c) Determination of the contractors good faith efforts shall include but shall not be limited to the following
factors The contractors employment and subcontracting policies patterns and practices affirmative
advertising recruitment and training technical assistance activities and such other reasonable activities or
efforts as the commission may prescribe that are designed to ensure the participation of minority business
enterprises in public works projects
(d) The contractor shall develop and maintain adequate documentation in a manner prescribed by the
commission of its good faith efforts
(e) The contractor shall include the provisions of subsection (a) of this section in every subcontract or
purchase order entered into in order to fulfill any obligation of a contract with the state and such provisions
shall be binding on a subcontractor vendor or manufacturer unless exempted by regulations or orders of the
commission The contractor shall take such action with respect to any such subcontract or purchase order as
the commission may direct as a means of enforcing such provisions including sanctions for noncompliance in
accordance with section 46a-56 provided if such contractor becomes involved in or is threatened with
litigation with a subcontractor or vendor as a result of such direction by the commission the contractor may
request the state of Connecticut to enter into any such litigation or negotiation prior thereto to protect the
interests of the state and the state may so enter
Page 3 of 10
The following subsections are set forth here as required by section 4a-60a of the Connecticut General Statutes
as amended by PA 07-142
(a) Every contract to which the state or any political subdivision of the state other than a municipality is a
party shall contain the following provisions (1) The contractor agrees and warrants that in the performance of
the contract such contractor will not discriminate or permit discrimination against any person or group of
persons on the grounds of sexual orientation in any manner prohibited by the laws of the United States or of
the state of Connecticut and that employees are treated when employed without regard to their sexual
orientation (2) the contractor agrees to provide each labor union or representative of workers with which such
contractor has a collective bargaining agreement or other contract or understanding and each vendor with
which such contractor has a contract or understanding a notice to be provided by the Commission on Human
Rights and Opportunities advising the labor union or workers representative of the contractors commitments
under this section and to post copies of the notice in conspicuous places available to employees and
applicants for employment (3) the contractor agrees to comply with each provision of this section and with
each regulation or relevant order issued by said commission pursuant to section 46a-56 as amended by this
act (4) the contractor agrees to provide the Commission on Human Rights and Opportunities with such
information requested by the commission and permit access to pertinent books records and accounts
concerning the employment practices and procedures of the contractor which relate to the provisions of this
section and section 46a-56 as amended by this act Prior to entering into the contract the contractor shall
provide the state or such political subdivision of the state with documentation in the form of a company or
corporate policy adopted by resolution of the board of directors shareholders managers members or other
governing body of such contractor to support the nondiscrimination agreement and warranty under
subdivision (1) of this subsection For the purposes of this section contract includes any extension or
modification of the contract and contractor includes any successors or assigns of the contractor
(b) The contractor shall include the provisions of subsection (a) of this section in every subcontract or
purchase order entered into in order to fulfill any obligation of a contract with the state and such provisions
shall be binding on a subcontractor vendor or manufacturer unless exempted by regulations or orders of the
commission The contractor shall take such action with respect to any such subcontract or purchase order as
the commission may direct as a means of enforcing such provisions including sanctions for noncompliance in
accordance with section 46a-56 provided if such contractor becomes involved in or is threatened with
litigation with a subcontractor or vendor as a result of such direction by the commission the contractor may
request the state of Connecticut to enter into any such litigation or negotiation prior thereto to protect the
interests of the state and the state may so enter
5 Executive Orders The Contract is subject to the provisions of Executive Order No Three of Governor
Thomas J Meskill promulgated June 16 1971 concerning labor employment practices Executive Order No
Seventeen of Governor Thomas J Meskill promulgated February 15 1973 concerning the listing of
employment openings and Executive Order No Sixteen of Governor John G Rowland promulgated August 4
1999 concerning violence in the workplace all of which are incorporated into and are made a part of the
Contract as if they had been fully set forth in it At the Contractorrsquos request the Client Agency shall provide a
copy of these orders to the Contractor The Contract may also be subject to Executive Order No 7C of
Governor M Jodi Rell promulgated July 13 2006 concerning contracting reforms and Executive Order No 14
of Governor M Jodi Rell promulgated April 17 2006 concerning procurement of cleaning products and
services in accordance with their respective terms and conditions
6 Clarifications In case of conflicts discrepancies errors or omissions among the various parts of this
contract any such matter shall be submitted immediately by Contractor to the State for clarification The State
shall issue clarification within a reasonable period of time Any services affected by such conflicts
discrepancies errors or omissions which are performed by Contractor prior to clarification by the State shall be
at Contractorrsquos risk
7 Indemnification (a) The Contractor shall indemnify defend and hold harmless the State and its officers
representatives agents servants employees successors and assigns from and against any and all (1) Claims
arising directly or indirectly in connection with the Contract including the acts of commission or omission
Page 4 of 10
(collectively the Acts) of the Contractor or Contractor Parties and (2) liabilities damages losses costs and
expenses including but not limited to attorneys and other professionals fees arising directly or indirectly in
connection with Claims Acts or the Contract The Contractor shall use counsel reasonably acceptable to the
State in carrying out its obligations under this section The Contractorrsquos obligations under this section to
indemnify defend and hold harmless against Claims includes Claims concerning confidentiality of any part of
or all of the Bid or any Records any intellectual property rights other proprietary rights of any person or entity
copyrighted or uncopyrighted compositions secret processes patented or unpatented inventions articles or
appliances furnished or used in the Performance of the Contract
(b) The Contractor shall reimburse the State for any and all damages to the real or personal property of the State
caused by the Acts of the Contractor or any Contractor Parties The State shall give the Contractor reasonable
notice of any such Claims
(c) The Contractorrsquos duties under this section shall remain fully in effect and binding in accordance with the
terms and conditions of the Contract without being lessened or compromised in any way even where the
Contractor is alleged or is found to have merely contributed in part to the Acts giving rise to the Claims andor
where the State is alleged or is found to have contributed to the Acts giving rise to the Claims
(d) The Contractor shall carry and maintain at all times during the term of the Contract and during the time that
any provisions survive the term of the Contract sufficient general liability insurance to satisfy its obligations
under this Contract The Contractor shall name the State as an additional insured on the policy and shall provide
a copy of the policy to the Agency prior to the effective date of the Contract The Contractor shall not begin
Performance until the delivery of the policy to the Agency
(e) The rights provided in this section for the benefit of the State shall encompass the recovery of attorneysrsquo and
other professionalsrsquo fees expended in pursuing a Claim against a third party
(f) This section shall survive the Termination Cancellation or Expiration of the Contract and shall not be
limited by reason of any insurance coverage
8 Amendments
Formal written amendment of the contract is required for changes to the final date of the contract period and to
terms and conditions specifically stated in the original contract and any prior amendments including but not
limited to
a The contractrsquos objectives services or plan
b Completion of objectives or services and
c Any other contract revisions determined material by the DEP
9 Change in Principal Project Staff Any changes in the principal project staff must be requested in writing
and approved in writing by the Commissioner or the Commissionerrsquos authorized representative at their sole
discretion In the event of any unapproved change in principal project staff the DEP may in its sole discretion
terminate or cancel this contract
10 Assignability The Contractor shall not assign any interest in this contract and shall not transfer any
interest in the same (whether by assignment or novation) without the prior written consent of the DEP thereto
provided however that claims for money due or to become due the Contractor from the DEP under this contract
may be assigned to a bank trust company or other financial institution without such approval Notice of any
assignment or transfer shall be furnished promptly to the DEP
11 Definition of ldquoExecutionrdquo This contract shall be fully executed when it has been signed by authorized
representatives of the parties and if it is for an amount exceeding three thousand dollars ($300000) by the
authorized representative of the state Attorney Generalrsquos Office
12 Sovereign Immunity The parties acknowledge and agree that nothing in the Solicitation or the Contract
shall be construed as a modification compromise or waiver by the State of any rights or defenses of any
immunities provided by Federal Law or the laws of the State of Connecticut to the State or any of its officers
Page 5 of 10
employees which may have had now have or will have with respect to all matters arising out of the Contract
To the extent that this section conflicts with any other section this section shall govern
13 CancellationTermination The DEP may cancel this contract for cause on five (5) daysrsquo notice A request
for termination of this contract by the Concessionaire or Contractor for a just cause will require approval by the
DEP Any cancellation or request for cancellation of this contract shall be submitted in writing and sent by
certified mail to
DEP
Bureau of Outdoor Recreation
Division of State Parks and Public Outreach
79 Elm Street
Hartford CT 06106-5127
Concessionaire
Mr John Doe
123 ABC Drive
Hartford CT 06000
Notwithstanding any provisions in this contract DEP through a duly authorized employee may terminate the
contract whenever the agency makes a written determination that such termination is in the best interests of the
State
If the DEP cancels this contract for causes listed below or if the Concessionaire terminates this contract prior to
the end of its full term without the consent of the State Parks Division the Concessionaire shall forfeit hisher
rights to bid on future concessions under the control of the State Parks Division and any prior payments received
by the State of Connecticut
a Failure by the Concessionaire to make annual payment during any time the contract is in force
shall be considered cause for cancellation by the DEP
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 6 of 10
it may now have or will have to the laying of venue of any Claims in any forum and further irrevocably submits
to such jurisdiction in any suit action or proceeding
15 Severability If any term or provision of the Contract or its application to any person entity or
circumstance shall to any extent be held to be invalid or unenforceable the remainder of the Contract or the
application of such term or provision shall not be affected as to persons entities or circumstances other than
those as to whom or to which it is held to be invalid or unenforceable Each remaining term and provision of the
Contract shall be valid and enforced to the fullest extent possible by law
16 Nondisclosure The Contactor shall not release any information concerning the services provided pursuant
to the Agreement or any part thereof to any member of the public press business entity or any official body
unless prior written consent is obtained from the State
The parties have hereunto set their hands
SIGNED AND DELIVERED below
STATE OF CONNECTICUT
By ____________________________(LS)
Thomas M Morrissey
Chief Bureau of Outdoor Recreation
Department of Environmental Protection
Date __________________
By____________________________ (LS)
John Doe
Concessionaire
Date _________________
APPROVED AS TO FORM
By ____________________________________ on ________________________
Assistant Attorney General
Page 7 of 10
(VARIOUS STATE PARKS CONCESSION CONTRACT)
ldquoATTACHMENT Ardquo
THE CONCESSIONAIRE AGREES TO THE FOLLOWING CONDITIONS
1 Insurance The Concessionaire shall furnish evidence of insurance A Certificate of Insurance
covering the whole period of the Concession contract shall reflect the following limits and shall be
submitted by the awarded Concessionaire to the Department of Environmental Protection
Commercial General Liability insurance providing a total limit of $1000000 for all damages
arising out of bodily injury to or death of all persons in any accident or occurrence and for all damages
arising out of injury to or destruction of property in any one accident or occurrence In cases where
any insurance policy shows an aggregate limit the aggregate limit shall not be less than $2000000
The operation of all motor vehicles including those hired or borrowed used in connection with
this contract shall be covered by Automobile Liability insurance providing for a total limit of
$1000000 for all damages arising out of bodily injuries or death of all persons in any one accident or
occurrence for all damages arising out of injury or destruction of property in any one accident or
occurrence In cases where an insurance policy shows an aggregate limit the limit shall not be less
than $2000000
The State of Connecticut shall be listed as an Additional Insured on all required coverage Said
coverage is to be provided by insurance companies licensed by the State of Connecticut Any
deductibles or self-insured retentions must be declared and approved by the State
With respect to all operations performed by the Concessionaire the Concessionaire shall carry
Workerrsquos Compensation insurance in accordance with the requirements of the laws of the State of
Connecticut
2 Item and Price List The Concessionaire shall forward by April 1 of each year of this agreement
a price list of all commodities andor souvenirs for sale to the Department of Environmental Protection
Bureau of Outdoor Recreation State Parks Division 79 Elm Street Hartford CT 06106-5127 for
approval for each subsequent year of the contract Any price increases are subject to the prior written
approval of the State Parks Division The Concessionaire shall post a price list of all commodities for
sale in full public view while in operation
The Concessionaire shall be allowed to sell souvenirs provided they are approved by the Division of
State Parks and Public Outreach however if the park name is used on souvenirs or items of clothing
the complete park name shall be used such as ldquoVarious State Parkrdquo not just ldquoVarious Parkrdquo
The Concessionaire warrants that all goods offered for sale shall not exceed in price nor be substandard
in quality or quantity to like articles sold in the surrounding community
Page 8 of 10
3 Sunscreen All Concessionairersquos that operate a concession in a beach park shall have available for
sale to the general public sunscreen with a Sun Protection Factor (SPF) of at least 15 for adults and
SPF 45 for children
4 Use of Biodegradable Products The Department of Environmental Protection encourages the
Concessionaire to use biodegradable products and packaging in its operations ie paper products or
products containing recycled contents only
5 Non-Glass Containers All liquids dispensed by the Concessionaire shall be in non-glass
containers
6 Prohibitions
The Concessionaire shall not sell flotation devices of any kind beach balls snorkels
facemasks or similar articles
The Concessionaire shall not sell dispense or give away alcoholic beverages
The Concessionaire shall not permit gratuities to employees of the State of Connecticut
No video or pinball games shall be permitted
No vending machines shall be permitted
7 Hours of Operation The Concessionaire shall open the concession(s) every day no later than 10 am
except during inclement weather and the concession shall remain open until three hours before but not later
than sunset from the date the contract is executed through Labor Day weekend For all remaining years of
the contract after 2009 the concession shall be open from Memorial Day through Labor Day weekend
Exceptions to this schedule shall be established through joint agreement of the on-site Park Supervisor and
the Concessionaire When closing due to inclement weather the on-site Park Supervisor must be notified
The Concessionaire shall keep a log where the concession is located of all early closures and shall submit a
season-end report to the Park Supervisor at the close of the concession season but no later than October 15th
8 Health Department Inspections The Concessionaire is responsible for scheduling inspections by
the appropriate local health department at the beginning of concession operations and thereafter
annually prior to April 15th
of each year this agreement is in effect The Concessionaire is responsible
for and shall directly pay for any fees charged for such inspections THE CONCESSIONAIRE
WILL BE RESPONSIBLE FOR OBTAINING AN ANNUAL PERMIT FROM THE LOCAL
HEALTH DEPARTMENT FOR THE TOWN THAT THE RESPECTIVE PARK IS
LOCATED A CURRENT PERMIT WILL BE OBTAINED EACH YEAR THE CONTRACT
IS IN FORCE AND MUST BE RECEIVED BY THE DEP DIVISION OF STATE PARKS AND
PUBLIC OUTREACH 79 ELM STREET HARTFORD CT 06106-5127 PRIOR TO
OPENING THE CONCESSION OPERATION
9 Public Health Code The Concessionaire agrees to conform to the Public Health Code of the State
of Connecticut concerning the storage handling and vending of food
10 State-Owned Equipment The Concessionaire shall be responsible for the use of all State-owned
equipment and agrees to replace articles lost or damaged other than those damaged by usual wear
resulting from concession use
11 State Property The Concessionaire shall install no fixed equipment nor make any physical
changes to State property without the prior written approval of DEP Any improvements andor
permanent fixtures approved by the DEP and provided by the Concessionaire during the contract term
shall become the property of the State of Connecticut at the termination of this agreement
Page 9 of 10
12 Utilities and Suppliers For billing purposes with Concessionaires utility companies and
suppliers the Concessionaire shall always use the name referred to as the ldquoConcessionairerdquo or
ldquoContractorrdquo At no time shall the Concessionaire use the state parkrsquos name and address for billing
purposes
13 InsectVermin Control The Concessionaire is responsible for any insect andor vermin control
as determined by the local or state health departments or by the on-site Park Supervisor
14 Refuse Disposal The Concessionaire at hisher own expense shall be responsible for the
disposal and removal of all recyclables and trash generated by said concession operation
15 General Maintenance The Concessionaire shall be responsible for maintaining in a clean
sanitary and orderly manner the general area of the State Park in which the Concession is located
DEP representatives or designees may inspect the Concession area at any time
16 Exclusivity The Concessionaire shall have the exclusive right to sell food within the park in
which the Concessionaire is the Lessee with the exception of foods or goods which have prior written
approval for DEP sanctioned events where food andor goods may be sold by the event sponsor or their
authorized agents
17 Rights of Park Visitors The Concessionaire agrees that nothing contained in the terms of the
Concession Contract shall prevent visitors from bringing their own food for their use to the park and
cooking such food for themselves Park visitors may also pre-arrange for private catering services on
department properties with the approval of the on-site Park Supervisor These services may be
permitted with the condition that no financial transactions occur on-site
18 On-Site Staffing Whenever the concession is open for business the Concessionaire must have
present an employee who is a qualified on-site manager That manager must be knowledgeable in all
aspects of operating the concession business
19 Code of Conduct Due to the public service nature of the Concession the Concessionaire and all
employees of the Concessionaire shall conduct themselves in a courteous respectful and professional
manner with all members of the public
20 Appearance The Concessionaire and hisher employees shall be clean and neat in appearance
Wearing an item of uniform eg a shirt hat or badge identifying the name of the Concessionaire
employee or business is encouraged
21 Concession Location The Concessionaire agrees unless specifically authorized in writing by
DEP to do otherwise to confine all sales to the established concession building(s) and further to
confine all advertising to the interior of said concession building(s) In the case of motor vehicle or
better known ldquomobilerdquo concessions the Concessionaire will confine the advertising menu to a sign
either affixed in the most notable area of the vehicle for the public to read or with the Park
Supervisorrsquos approval a movable sign would be acceptable next to the mobile concession vehicle
22 Food Inspection An authorized representative of the DEP shall conduct an annual in-season
food inspection The Concessionaire shall provide a range of food and beverage items (which will
constitute one free meal) to the DEPrsquos representative for food-tasting purposes
23 Financial Reporting By November 15th
of each calendar year that this contract is in force the
Concessionaire shall submit a certified statement of annual gross receipts attested to by a Notary
Page 10 of 10
Public andor a Commissioner of the Superior Court to Department of Environmental Protection
Bureau of Outdoor Recreation State Parks Division 79 Elm Street Hartford CT 06106-5127
24 Revenue DEP shall not assume responsibility for revenue loss directly or indirectly attributable
to actions taken by the DEP resulting from weather or crowd conditions or acts of God Neither shall
DEP assume responsibility for revenue loss directly or indirectly attributable to attendance loss
weather conditions or other uncontrollable phenomena
25 Compliance The Concessionaire agrees to comply with the regulations of the Department of
Environmental Protection regarding State Park and Forest Recreation Areas and with any other
department policy concerning the operation of concessions
Page 8 of 10
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 Proposers personnel who do not perform adequately
on the project regardless of whether they were previously approved by DEP
G Any costs and expenses incurred by Proposers in preparing or submitting proposals are the sole
responsibility of the Proposer
H A Proposer must be prepared to present evidence of experience ability service facilities and
financial condition necessary to satisfactorily meet the requirements set forth or implied in the
proposal
I No additions or changes to the original proposal will be allowed after submission While
changes are not permitted clarification of proposals may be required by DEP at the Proposerrsquos
sole cost and expense
J In some cases Proposers may be asked to give demonstrations interviews presentations or
further explanation to the RFPrsquos Screening Committee
K The Proposer represents and warrants that the proposal is not made in connection with any
other Proposer and is in all respects fair and without collusion or fraud The Proposer further
represents and warrants that the Proposer did not participate in any part of the RFP
development process had no knowledge of the specific contents of the RFP prior to its
issuance and that no agent representative or employee of DEP participated directly in the
Proposerrsquos proposal preparation
L All responses to the RFP must conform to instruction Failure to include required signatures
provide the required number of copies meet deadlines answer all questions follow the
required format or failure to comply with any other requirements of this RFP may be
considered appropriate cause for rejection of the response
M The Proposer must accept DEPrsquos standard contract language and conditions (See sample of
standard contract and conditions attached)
N The contract will represent the entire agreement between the Proposer and DEP and will
supersede all prior negotiations representations or agreements alleged or made between the
parties DEP or the State shall assume no liability for payment of services under the terms of
the contract until the successful Proposer is notified that the contract has been accepted and
approved by DEP and by the AGrsquos Office The contract may be amended only by means of a
written instrument signed by DEP the Proposer and the AGrsquos Office
Page 9 of 10
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 andor specifications of the RFP
The DEP also reserves the right to waive technical defect irregularities and omissions if in its
judgment the best interest of DEP will be served DEP reserves the right to correct inaccurate
awards resulting from its clerical errors This may include in extreme circumstances revoking
the awarding of a contract already made to a Proposer and subsequently awarding the contract
to another Proposer Such action on the part of DEP shall not constitute a breach of contract on
the part of DEP since the contract with the initial Proposer is deemed to be void ab initio and of
no effect as if no contract ever existed between DEP and the Proposer
10 Agencyrsquos Standard Contract and Conditions and Statersquos Contract Compliance Requirements
See the attached Sample Concession Contract for standard contract conditions
11 Park Descriptions
A 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 (ie firewood groceries insect repellent bait
etc) and small equipment (ie 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 80659 day use visitors and 14948 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 $18771 in 2007 and
$18055 in 2008
5 The concession building is 900 square feet and was constructed in 1974 It has an
assessed value of $53398 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 10 of 10
B Quaddick State Park Thompson
1 Activities
Swimming
Lake fishing
Boat launch
Picnicking
Field sports
2 Attendance in 2008 was 43000 day use visitors
3 Gross receipts for a food and beverage concession ranged from approximately
$4000 to $12000 between the 1980s and 2004
4 The concession building is 276 square feet It has an assessed value of $8778 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 wwwctgovdepstateparks
Page 1 of 1
LETTER OF INTENT TO SUBMIT A PROPOSAL
State of Connecticut
Department of Environmental Protection
RFP for _________________________ State Park
Return to Ms Patricia Downes
Department of Environmental Protection
Bureau of Outdoor Recreation
79 Elm Street
Hartford CT 06106-5127
860-424-3504 (Phone)
860-424-4070 (FAX)
Return Deadline 400 PM March 6 2009
The individual firm or corporation below intends to submit a proposal in response to the above referenced RFP
Note This letter is a non-binding expression of interest and does not obligate the sender to submit a proposal
The individual firm or corporation below has reviewed and if selected accepts the agencyrsquos standard contract and
conditions (provided in the RFP) in their entirety and without amendment
Name
Mailing Address
Contact Person
Telephone
FAX
Signature
Title Date
Page 1 of 10
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 Staterdquo or ldquoDEPrdquo and
John Doe of the Town of Hartford in the County of Hartford and the State of Connecticut hereinafter referred
to as the ldquoConcessionairerdquo or ldquoContractorrdquo
WITNESSETH
WHEREAS the DEP pursuant to Conn Gen Stat 23-26 has the authority to enter into contractual relations
with persons for the maintenance of concessions and other sources of revenue to be derived from services to the
general public using state parks and WHEREAS the Concessionaire desires to operate the concessions and
render services to the public at
VARIOUS STATE PARKS
NOW THEREFORE it is hereby agreed as follows
1 Duration The DEP hereby grants to the Concessionaire the exclusive right to operate a food and beverage
concession at the above mentioned State Park located in the Town of _________ County of _________ State
of Connecticut from the execution of this contract through September 30 2011 The DEP in its sole discretion
may renew this contract for one 2-year period under the same terms and conditions as outlined in this contract
2 Payment In consideration of said right and privileges the Concessionaire agrees to pay the sum of
$__________ annually payable in the amount of $__________ (50) at the execution of this contract and
$__________ (50) on or before July 15 2009 Beginning in 2010 the semi-annual payment of $__________
(50) shall be made payable by May 15th and July 15
th each year that this contract is in effect If the annual sum
is less than $100000 the sum is due in full at the execution of the contract and by May 15th of each
subsequent year that the contract is in effect All payments shall be made by check draft or money order
payable to Treasurer-State of Connecticut and delivered or mailed to the Department of Environmental
Protection Accounts Receivable 79 Elm Street Hartford Connecticut 06106-5127
3 Attachment ldquoArdquo hereto is incorporated herein by reference and all provisions thereof shall be binding upon
the parties
4 Non-Discrimination
The following subsections are set forth here as required by section 4a-60 of the Connecticut General Statutes as
amended by PA 07-142
(a) Every contract to which the state or any political subdivision of the state other than a municipality is a
party shall contain the following provisions (1) The contractor agrees and warrants that in the performance of
the contract such contractor will not discriminate or permit discrimination against any person or group of
persons on the grounds of race color religious creed age marital status national origin ancestry sex mental
retardation or physical disability including but not limited to blindness unless it is shown by such contractor
that such disability prevents performance of the work involved in any manner prohibited by the laws of the
Page 2 of 10
United States or of the state of Connecticut The contractor further agrees to take affirmative action to insure
that applicants with job-related qualifications are employed and that employees are treated when employed
without regard to their race color religious creed age marital status national origin ancestry sex mental
retardation or physical disability including but not limited to blindness unless it is shown by such
contractor that such disability prevents performance of the work involved (2) the contractor agrees in all
solicitations or advertisements for employees placed by or on behalf of the contractor to state that it is an
affirmative action-equal opportunity employer in accordance with regulations adopted by the commission
(3) the contractor agrees to provide each labor union or representative of workers with which such contractor
has a collective bargaining agreement or other contract or understanding and each vendor with which such
contractor has a contract or understanding a notice to be provided by the commission advising the labor union
or workers representative of the contractors commitments under this section and to post copies of the notice
in conspicuous places available to employees and applicants for employment (4) the contractor agrees to
comply with each provision of this section and sections 46a-68e and 46a-68f and with each regulation or
relevant order issued by said commission pursuant to sections 46a-56 as amended by this act 46a-68e and
46a-68f (5) the contractor agrees to provide the Commission on Human Rights and Opportunities with such
information requested by the commission and permit access to pertinent books records and accounts
concerning the employment practices and procedures of the contractor as relate to the provisions of this
section and section 46a-56 as amended by this act If the contract is a public works contract the contractor
agrees and warrants that he will make good faith efforts to employ minority business enterprises as
subcontractors and suppliers of materials on such public works project Prior to entering into the contract the
contractor shall provide the state or such political subdivision of the state with documentation in the form of a
company or corporate policy adopted by resolution of the board of directors shareholders managers
members or other governing body of such contractor to support the nondiscrimination agreement and warranty
under subdivision (1) of this subsection For the purposes of this section contract includes any extension or
modification of the contract and contractor includes any successors or assigns of the contractor
(b) For the purposes of this section minority business enterprise means any small contractor or supplier of
materials fifty-one per cent or more of the capital stock if any or assets of which is owned by a person or
persons (1) Who are active in the daily affairs of the enterprise (2) who have the power to direct the
management and policies of the enterprise and (3) who are members of a minority as such term is defined in
subsection (a) of section 32-9n and good faith means that degree of diligence which a reasonable person
would exercise in the performance of legal duties and obligations Good faith efforts shall include but not
be limited to those reasonable initial efforts necessary to comply with statutory or regulatory requirements
and additional or substituted efforts when it is determined that such initial efforts will not be sufficient to
comply with such requirements
(c) Determination of the contractors good faith efforts shall include but shall not be limited to the following
factors The contractors employment and subcontracting policies patterns and practices affirmative
advertising recruitment and training technical assistance activities and such other reasonable activities or
efforts as the commission may prescribe that are designed to ensure the participation of minority business
enterprises in public works projects
(d) The contractor shall develop and maintain adequate documentation in a manner prescribed by the
commission of its good faith efforts
(e) The contractor shall include the provisions of subsection (a) of this section in every subcontract or
purchase order entered into in order to fulfill any obligation of a contract with the state and such provisions
shall be binding on a subcontractor vendor or manufacturer unless exempted by regulations or orders of the
commission The contractor shall take such action with respect to any such subcontract or purchase order as
the commission may direct as a means of enforcing such provisions including sanctions for noncompliance in
accordance with section 46a-56 provided if such contractor becomes involved in or is threatened with
litigation with a subcontractor or vendor as a result of such direction by the commission the contractor may
request the state of Connecticut to enter into any such litigation or negotiation prior thereto to protect the
interests of the state and the state may so enter
Page 3 of 10
The following subsections are set forth here as required by section 4a-60a of the Connecticut General Statutes
as amended by PA 07-142
(a) Every contract to which the state or any political subdivision of the state other than a municipality is a
party shall contain the following provisions (1) The contractor agrees and warrants that in the performance of
the contract such contractor will not discriminate or permit discrimination against any person or group of
persons on the grounds of sexual orientation in any manner prohibited by the laws of the United States or of
the state of Connecticut and that employees are treated when employed without regard to their sexual
orientation (2) the contractor agrees to provide each labor union or representative of workers with which such
contractor has a collective bargaining agreement or other contract or understanding and each vendor with
which such contractor has a contract or understanding a notice to be provided by the Commission on Human
Rights and Opportunities advising the labor union or workers representative of the contractors commitments
under this section and to post copies of the notice in conspicuous places available to employees and
applicants for employment (3) the contractor agrees to comply with each provision of this section and with
each regulation or relevant order issued by said commission pursuant to section 46a-56 as amended by this
act (4) the contractor agrees to provide the Commission on Human Rights and Opportunities with such
information requested by the commission and permit access to pertinent books records and accounts
concerning the employment practices and procedures of the contractor which relate to the provisions of this
section and section 46a-56 as amended by this act Prior to entering into the contract the contractor shall
provide the state or such political subdivision of the state with documentation in the form of a company or
corporate policy adopted by resolution of the board of directors shareholders managers members or other
governing body of such contractor to support the nondiscrimination agreement and warranty under
subdivision (1) of this subsection For the purposes of this section contract includes any extension or
modification of the contract and contractor includes any successors or assigns of the contractor
(b) The contractor shall include the provisions of subsection (a) of this section in every subcontract or
purchase order entered into in order to fulfill any obligation of a contract with the state and such provisions
shall be binding on a subcontractor vendor or manufacturer unless exempted by regulations or orders of the
commission The contractor shall take such action with respect to any such subcontract or purchase order as
the commission may direct as a means of enforcing such provisions including sanctions for noncompliance in
accordance with section 46a-56 provided if such contractor becomes involved in or is threatened with
litigation with a subcontractor or vendor as a result of such direction by the commission the contractor may
request the state of Connecticut to enter into any such litigation or negotiation prior thereto to protect the
interests of the state and the state may so enter
5 Executive Orders The Contract is subject to the provisions of Executive Order No Three of Governor
Thomas J Meskill promulgated June 16 1971 concerning labor employment practices Executive Order No
Seventeen of Governor Thomas J Meskill promulgated February 15 1973 concerning the listing of
employment openings and Executive Order No Sixteen of Governor John G Rowland promulgated August 4
1999 concerning violence in the workplace all of which are incorporated into and are made a part of the
Contract as if they had been fully set forth in it At the Contractorrsquos request the Client Agency shall provide a
copy of these orders to the Contractor The Contract may also be subject to Executive Order No 7C of
Governor M Jodi Rell promulgated July 13 2006 concerning contracting reforms and Executive Order No 14
of Governor M Jodi Rell promulgated April 17 2006 concerning procurement of cleaning products and
services in accordance with their respective terms and conditions
6 Clarifications In case of conflicts discrepancies errors or omissions among the various parts of this
contract any such matter shall be submitted immediately by Contractor to the State for clarification The State
shall issue clarification within a reasonable period of time Any services affected by such conflicts
discrepancies errors or omissions which are performed by Contractor prior to clarification by the State shall be
at Contractorrsquos risk
7 Indemnification (a) The Contractor shall indemnify defend and hold harmless the State and its officers
representatives agents servants employees successors and assigns from and against any and all (1) Claims
arising directly or indirectly in connection with the Contract including the acts of commission or omission
Page 4 of 10
(collectively the Acts) of the Contractor or Contractor Parties and (2) liabilities damages losses costs and
expenses including but not limited to attorneys and other professionals fees arising directly or indirectly in
connection with Claims Acts or the Contract The Contractor shall use counsel reasonably acceptable to the
State in carrying out its obligations under this section The Contractorrsquos obligations under this section to
indemnify defend and hold harmless against Claims includes Claims concerning confidentiality of any part of
or all of the Bid or any Records any intellectual property rights other proprietary rights of any person or entity
copyrighted or uncopyrighted compositions secret processes patented or unpatented inventions articles or
appliances furnished or used in the Performance of the Contract
(b) The Contractor shall reimburse the State for any and all damages to the real or personal property of the State
caused by the Acts of the Contractor or any Contractor Parties The State shall give the Contractor reasonable
notice of any such Claims
(c) The Contractorrsquos duties under this section shall remain fully in effect and binding in accordance with the
terms and conditions of the Contract without being lessened or compromised in any way even where the
Contractor is alleged or is found to have merely contributed in part to the Acts giving rise to the Claims andor
where the State is alleged or is found to have contributed to the Acts giving rise to the Claims
(d) The Contractor shall carry and maintain at all times during the term of the Contract and during the time that
any provisions survive the term of the Contract sufficient general liability insurance to satisfy its obligations
under this Contract The Contractor shall name the State as an additional insured on the policy and shall provide
a copy of the policy to the Agency prior to the effective date of the Contract The Contractor shall not begin
Performance until the delivery of the policy to the Agency
(e) The rights provided in this section for the benefit of the State shall encompass the recovery of attorneysrsquo and
other professionalsrsquo fees expended in pursuing a Claim against a third party
(f) This section shall survive the Termination Cancellation or Expiration of the Contract and shall not be
limited by reason of any insurance coverage
8 Amendments
Formal written amendment of the contract is required for changes to the final date of the contract period and to
terms and conditions specifically stated in the original contract and any prior amendments including but not
limited to
a The contractrsquos objectives services or plan
b Completion of objectives or services and
c Any other contract revisions determined material by the DEP
9 Change in Principal Project Staff Any changes in the principal project staff must be requested in writing
and approved in writing by the Commissioner or the Commissionerrsquos authorized representative at their sole
discretion In the event of any unapproved change in principal project staff the DEP may in its sole discretion
terminate or cancel this contract
10 Assignability The Contractor shall not assign any interest in this contract and shall not transfer any
interest in the same (whether by assignment or novation) without the prior written consent of the DEP thereto
provided however that claims for money due or to become due the Contractor from the DEP under this contract
may be assigned to a bank trust company or other financial institution without such approval Notice of any
assignment or transfer shall be furnished promptly to the DEP
11 Definition of ldquoExecutionrdquo This contract shall be fully executed when it has been signed by authorized
representatives of the parties and if it is for an amount exceeding three thousand dollars ($300000) by the
authorized representative of the state Attorney Generalrsquos Office
12 Sovereign Immunity The parties acknowledge and agree that nothing in the Solicitation or the Contract
shall be construed as a modification compromise or waiver by the State of any rights or defenses of any
immunities provided by Federal Law or the laws of the State of Connecticut to the State or any of its officers
Page 5 of 10
employees which may have had now have or will have with respect to all matters arising out of the Contract
To the extent that this section conflicts with any other section this section shall govern
13 CancellationTermination The DEP may cancel this contract for cause on five (5) daysrsquo notice A request
for termination of this contract by the Concessionaire or Contractor for a just cause will require approval by the
DEP Any cancellation or request for cancellation of this contract shall be submitted in writing and sent by
certified mail to
DEP
Bureau of Outdoor Recreation
Division of State Parks and Public Outreach
79 Elm Street
Hartford CT 06106-5127
Concessionaire
Mr John Doe
123 ABC Drive
Hartford CT 06000
Notwithstanding any provisions in this contract DEP through a duly authorized employee may terminate the
contract whenever the agency makes a written determination that such termination is in the best interests of the
State
If the DEP cancels this contract for causes listed below or if the Concessionaire terminates this contract prior to
the end of its full term without the consent of the State Parks Division the Concessionaire shall forfeit hisher
rights to bid on future concessions under the control of the State Parks Division and any prior payments received
by the State of Connecticut
a Failure by the Concessionaire to make annual payment during any time the contract is in force
shall be considered cause for cancellation by the DEP
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 6 of 10
it may now have or will have to the laying of venue of any Claims in any forum and further irrevocably submits
to such jurisdiction in any suit action or proceeding
15 Severability If any term or provision of the Contract or its application to any person entity or
circumstance shall to any extent be held to be invalid or unenforceable the remainder of the Contract or the
application of such term or provision shall not be affected as to persons entities or circumstances other than
those as to whom or to which it is held to be invalid or unenforceable Each remaining term and provision of the
Contract shall be valid and enforced to the fullest extent possible by law
16 Nondisclosure The Contactor shall not release any information concerning the services provided pursuant
to the Agreement or any part thereof to any member of the public press business entity or any official body
unless prior written consent is obtained from the State
The parties have hereunto set their hands
SIGNED AND DELIVERED below
STATE OF CONNECTICUT
By ____________________________(LS)
Thomas M Morrissey
Chief Bureau of Outdoor Recreation
Department of Environmental Protection
Date __________________
By____________________________ (LS)
John Doe
Concessionaire
Date _________________
APPROVED AS TO FORM
By ____________________________________ on ________________________
Assistant Attorney General
Page 7 of 10
(VARIOUS STATE PARKS CONCESSION CONTRACT)
ldquoATTACHMENT Ardquo
THE CONCESSIONAIRE AGREES TO THE FOLLOWING CONDITIONS
1 Insurance The Concessionaire shall furnish evidence of insurance A Certificate of Insurance
covering the whole period of the Concession contract shall reflect the following limits and shall be
submitted by the awarded Concessionaire to the Department of Environmental Protection
Commercial General Liability insurance providing a total limit of $1000000 for all damages
arising out of bodily injury to or death of all persons in any accident or occurrence and for all damages
arising out of injury to or destruction of property in any one accident or occurrence In cases where
any insurance policy shows an aggregate limit the aggregate limit shall not be less than $2000000
The operation of all motor vehicles including those hired or borrowed used in connection with
this contract shall be covered by Automobile Liability insurance providing for a total limit of
$1000000 for all damages arising out of bodily injuries or death of all persons in any one accident or
occurrence for all damages arising out of injury or destruction of property in any one accident or
occurrence In cases where an insurance policy shows an aggregate limit the limit shall not be less
than $2000000
The State of Connecticut shall be listed as an Additional Insured on all required coverage Said
coverage is to be provided by insurance companies licensed by the State of Connecticut Any
deductibles or self-insured retentions must be declared and approved by the State
With respect to all operations performed by the Concessionaire the Concessionaire shall carry
Workerrsquos Compensation insurance in accordance with the requirements of the laws of the State of
Connecticut
2 Item and Price List The Concessionaire shall forward by April 1 of each year of this agreement
a price list of all commodities andor souvenirs for sale to the Department of Environmental Protection
Bureau of Outdoor Recreation State Parks Division 79 Elm Street Hartford CT 06106-5127 for
approval for each subsequent year of the contract Any price increases are subject to the prior written
approval of the State Parks Division The Concessionaire shall post a price list of all commodities for
sale in full public view while in operation
The Concessionaire shall be allowed to sell souvenirs provided they are approved by the Division of
State Parks and Public Outreach however if the park name is used on souvenirs or items of clothing
the complete park name shall be used such as ldquoVarious State Parkrdquo not just ldquoVarious Parkrdquo
The Concessionaire warrants that all goods offered for sale shall not exceed in price nor be substandard
in quality or quantity to like articles sold in the surrounding community
Page 8 of 10
3 Sunscreen All Concessionairersquos that operate a concession in a beach park shall have available for
sale to the general public sunscreen with a Sun Protection Factor (SPF) of at least 15 for adults and
SPF 45 for children
4 Use of Biodegradable Products The Department of Environmental Protection encourages the
Concessionaire to use biodegradable products and packaging in its operations ie paper products or
products containing recycled contents only
5 Non-Glass Containers All liquids dispensed by the Concessionaire shall be in non-glass
containers
6 Prohibitions
The Concessionaire shall not sell flotation devices of any kind beach balls snorkels
facemasks or similar articles
The Concessionaire shall not sell dispense or give away alcoholic beverages
The Concessionaire shall not permit gratuities to employees of the State of Connecticut
No video or pinball games shall be permitted
No vending machines shall be permitted
7 Hours of Operation The Concessionaire shall open the concession(s) every day no later than 10 am
except during inclement weather and the concession shall remain open until three hours before but not later
than sunset from the date the contract is executed through Labor Day weekend For all remaining years of
the contract after 2009 the concession shall be open from Memorial Day through Labor Day weekend
Exceptions to this schedule shall be established through joint agreement of the on-site Park Supervisor and
the Concessionaire When closing due to inclement weather the on-site Park Supervisor must be notified
The Concessionaire shall keep a log where the concession is located of all early closures and shall submit a
season-end report to the Park Supervisor at the close of the concession season but no later than October 15th
8 Health Department Inspections The Concessionaire is responsible for scheduling inspections by
the appropriate local health department at the beginning of concession operations and thereafter
annually prior to April 15th
of each year this agreement is in effect The Concessionaire is responsible
for and shall directly pay for any fees charged for such inspections THE CONCESSIONAIRE
WILL BE RESPONSIBLE FOR OBTAINING AN ANNUAL PERMIT FROM THE LOCAL
HEALTH DEPARTMENT FOR THE TOWN THAT THE RESPECTIVE PARK IS
LOCATED A CURRENT PERMIT WILL BE OBTAINED EACH YEAR THE CONTRACT
IS IN FORCE AND MUST BE RECEIVED BY THE DEP DIVISION OF STATE PARKS AND
PUBLIC OUTREACH 79 ELM STREET HARTFORD CT 06106-5127 PRIOR TO
OPENING THE CONCESSION OPERATION
9 Public Health Code The Concessionaire agrees to conform to the Public Health Code of the State
of Connecticut concerning the storage handling and vending of food
10 State-Owned Equipment The Concessionaire shall be responsible for the use of all State-owned
equipment and agrees to replace articles lost or damaged other than those damaged by usual wear
resulting from concession use
11 State Property The Concessionaire shall install no fixed equipment nor make any physical
changes to State property without the prior written approval of DEP Any improvements andor
permanent fixtures approved by the DEP and provided by the Concessionaire during the contract term
shall become the property of the State of Connecticut at the termination of this agreement
Page 9 of 10
12 Utilities and Suppliers For billing purposes with Concessionaires utility companies and
suppliers the Concessionaire shall always use the name referred to as the ldquoConcessionairerdquo or
ldquoContractorrdquo At no time shall the Concessionaire use the state parkrsquos name and address for billing
purposes
13 InsectVermin Control The Concessionaire is responsible for any insect andor vermin control
as determined by the local or state health departments or by the on-site Park Supervisor
14 Refuse Disposal The Concessionaire at hisher own expense shall be responsible for the
disposal and removal of all recyclables and trash generated by said concession operation
15 General Maintenance The Concessionaire shall be responsible for maintaining in a clean
sanitary and orderly manner the general area of the State Park in which the Concession is located
DEP representatives or designees may inspect the Concession area at any time
16 Exclusivity The Concessionaire shall have the exclusive right to sell food within the park in
which the Concessionaire is the Lessee with the exception of foods or goods which have prior written
approval for DEP sanctioned events where food andor goods may be sold by the event sponsor or their
authorized agents
17 Rights of Park Visitors The Concessionaire agrees that nothing contained in the terms of the
Concession Contract shall prevent visitors from bringing their own food for their use to the park and
cooking such food for themselves Park visitors may also pre-arrange for private catering services on
department properties with the approval of the on-site Park Supervisor These services may be
permitted with the condition that no financial transactions occur on-site
18 On-Site Staffing Whenever the concession is open for business the Concessionaire must have
present an employee who is a qualified on-site manager That manager must be knowledgeable in all
aspects of operating the concession business
19 Code of Conduct Due to the public service nature of the Concession the Concessionaire and all
employees of the Concessionaire shall conduct themselves in a courteous respectful and professional
manner with all members of the public
20 Appearance The Concessionaire and hisher employees shall be clean and neat in appearance
Wearing an item of uniform eg a shirt hat or badge identifying the name of the Concessionaire
employee or business is encouraged
21 Concession Location The Concessionaire agrees unless specifically authorized in writing by
DEP to do otherwise to confine all sales to the established concession building(s) and further to
confine all advertising to the interior of said concession building(s) In the case of motor vehicle or
better known ldquomobilerdquo concessions the Concessionaire will confine the advertising menu to a sign
either affixed in the most notable area of the vehicle for the public to read or with the Park
Supervisorrsquos approval a movable sign would be acceptable next to the mobile concession vehicle
22 Food Inspection An authorized representative of the DEP shall conduct an annual in-season
food inspection The Concessionaire shall provide a range of food and beverage items (which will
constitute one free meal) to the DEPrsquos representative for food-tasting purposes
23 Financial Reporting By November 15th
of each calendar year that this contract is in force the
Concessionaire shall submit a certified statement of annual gross receipts attested to by a Notary
Page 10 of 10
Public andor a Commissioner of the Superior Court to Department of Environmental Protection
Bureau of Outdoor Recreation State Parks Division 79 Elm Street Hartford CT 06106-5127
24 Revenue DEP shall not assume responsibility for revenue loss directly or indirectly attributable
to actions taken by the DEP resulting from weather or crowd conditions or acts of God Neither shall
DEP assume responsibility for revenue loss directly or indirectly attributable to attendance loss
weather conditions or other uncontrollable phenomena
25 Compliance The Concessionaire agrees to comply with the regulations of the Department of
Environmental Protection regarding State Park and Forest Recreation Areas and with any other
department policy concerning the operation of concessions
Page 9 of 10
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 andor specifications of the RFP
The DEP also reserves the right to waive technical defect irregularities and omissions if in its
judgment the best interest of DEP will be served DEP reserves the right to correct inaccurate
awards resulting from its clerical errors This may include in extreme circumstances revoking
the awarding of a contract already made to a Proposer and subsequently awarding the contract
to another Proposer Such action on the part of DEP shall not constitute a breach of contract on
the part of DEP since the contract with the initial Proposer is deemed to be void ab initio and of
no effect as if no contract ever existed between DEP and the Proposer
10 Agencyrsquos Standard Contract and Conditions and Statersquos Contract Compliance Requirements
See the attached Sample Concession Contract for standard contract conditions
11 Park Descriptions
A 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 (ie firewood groceries insect repellent bait
etc) and small equipment (ie 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 80659 day use visitors and 14948 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 $18771 in 2007 and
$18055 in 2008
5 The concession building is 900 square feet and was constructed in 1974 It has an
assessed value of $53398 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 10 of 10
B Quaddick State Park Thompson
1 Activities
Swimming
Lake fishing
Boat launch
Picnicking
Field sports
2 Attendance in 2008 was 43000 day use visitors
3 Gross receipts for a food and beverage concession ranged from approximately
$4000 to $12000 between the 1980s and 2004
4 The concession building is 276 square feet It has an assessed value of $8778 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 wwwctgovdepstateparks
Page 1 of 1
LETTER OF INTENT TO SUBMIT A PROPOSAL
State of Connecticut
Department of Environmental Protection
RFP for _________________________ State Park
Return to Ms Patricia Downes
Department of Environmental Protection
Bureau of Outdoor Recreation
79 Elm Street
Hartford CT 06106-5127
860-424-3504 (Phone)
860-424-4070 (FAX)
Return Deadline 400 PM March 6 2009
The individual firm or corporation below intends to submit a proposal in response to the above referenced RFP
Note This letter is a non-binding expression of interest and does not obligate the sender to submit a proposal
The individual firm or corporation below has reviewed and if selected accepts the agencyrsquos standard contract and
conditions (provided in the RFP) in their entirety and without amendment
Name
Mailing Address
Contact Person
Telephone
FAX
Signature
Title Date
Page 1 of 10
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 Staterdquo or ldquoDEPrdquo and
John Doe of the Town of Hartford in the County of Hartford and the State of Connecticut hereinafter referred
to as the ldquoConcessionairerdquo or ldquoContractorrdquo
WITNESSETH
WHEREAS the DEP pursuant to Conn Gen Stat 23-26 has the authority to enter into contractual relations
with persons for the maintenance of concessions and other sources of revenue to be derived from services to the
general public using state parks and WHEREAS the Concessionaire desires to operate the concessions and
render services to the public at
VARIOUS STATE PARKS
NOW THEREFORE it is hereby agreed as follows
1 Duration The DEP hereby grants to the Concessionaire the exclusive right to operate a food and beverage
concession at the above mentioned State Park located in the Town of _________ County of _________ State
of Connecticut from the execution of this contract through September 30 2011 The DEP in its sole discretion
may renew this contract for one 2-year period under the same terms and conditions as outlined in this contract
2 Payment In consideration of said right and privileges the Concessionaire agrees to pay the sum of
$__________ annually payable in the amount of $__________ (50) at the execution of this contract and
$__________ (50) on or before July 15 2009 Beginning in 2010 the semi-annual payment of $__________
(50) shall be made payable by May 15th and July 15
th each year that this contract is in effect If the annual sum
is less than $100000 the sum is due in full at the execution of the contract and by May 15th of each
subsequent year that the contract is in effect All payments shall be made by check draft or money order
payable to Treasurer-State of Connecticut and delivered or mailed to the Department of Environmental
Protection Accounts Receivable 79 Elm Street Hartford Connecticut 06106-5127
3 Attachment ldquoArdquo hereto is incorporated herein by reference and all provisions thereof shall be binding upon
the parties
4 Non-Discrimination
The following subsections are set forth here as required by section 4a-60 of the Connecticut General Statutes as
amended by PA 07-142
(a) Every contract to which the state or any political subdivision of the state other than a municipality is a
party shall contain the following provisions (1) The contractor agrees and warrants that in the performance of
the contract such contractor will not discriminate or permit discrimination against any person or group of
persons on the grounds of race color religious creed age marital status national origin ancestry sex mental
retardation or physical disability including but not limited to blindness unless it is shown by such contractor
that such disability prevents performance of the work involved in any manner prohibited by the laws of the
Page 2 of 10
United States or of the state of Connecticut The contractor further agrees to take affirmative action to insure
that applicants with job-related qualifications are employed and that employees are treated when employed
without regard to their race color religious creed age marital status national origin ancestry sex mental
retardation or physical disability including but not limited to blindness unless it is shown by such
contractor that such disability prevents performance of the work involved (2) the contractor agrees in all
solicitations or advertisements for employees placed by or on behalf of the contractor to state that it is an
affirmative action-equal opportunity employer in accordance with regulations adopted by the commission
(3) the contractor agrees to provide each labor union or representative of workers with which such contractor
has a collective bargaining agreement or other contract or understanding and each vendor with which such
contractor has a contract or understanding a notice to be provided by the commission advising the labor union
or workers representative of the contractors commitments under this section and to post copies of the notice
in conspicuous places available to employees and applicants for employment (4) the contractor agrees to
comply with each provision of this section and sections 46a-68e and 46a-68f and with each regulation or
relevant order issued by said commission pursuant to sections 46a-56 as amended by this act 46a-68e and
46a-68f (5) the contractor agrees to provide the Commission on Human Rights and Opportunities with such
information requested by the commission and permit access to pertinent books records and accounts
concerning the employment practices and procedures of the contractor as relate to the provisions of this
section and section 46a-56 as amended by this act If the contract is a public works contract the contractor
agrees and warrants that he will make good faith efforts to employ minority business enterprises as
subcontractors and suppliers of materials on such public works project Prior to entering into the contract the
contractor shall provide the state or such political subdivision of the state with documentation in the form of a
company or corporate policy adopted by resolution of the board of directors shareholders managers
members or other governing body of such contractor to support the nondiscrimination agreement and warranty
under subdivision (1) of this subsection For the purposes of this section contract includes any extension or
modification of the contract and contractor includes any successors or assigns of the contractor
(b) For the purposes of this section minority business enterprise means any small contractor or supplier of
materials fifty-one per cent or more of the capital stock if any or assets of which is owned by a person or
persons (1) Who are active in the daily affairs of the enterprise (2) who have the power to direct the
management and policies of the enterprise and (3) who are members of a minority as such term is defined in
subsection (a) of section 32-9n and good faith means that degree of diligence which a reasonable person
would exercise in the performance of legal duties and obligations Good faith efforts shall include but not
be limited to those reasonable initial efforts necessary to comply with statutory or regulatory requirements
and additional or substituted efforts when it is determined that such initial efforts will not be sufficient to
comply with such requirements
(c) Determination of the contractors good faith efforts shall include but shall not be limited to the following
factors The contractors employment and subcontracting policies patterns and practices affirmative
advertising recruitment and training technical assistance activities and such other reasonable activities or
efforts as the commission may prescribe that are designed to ensure the participation of minority business
enterprises in public works projects
(d) The contractor shall develop and maintain adequate documentation in a manner prescribed by the
commission of its good faith efforts
(e) The contractor shall include the provisions of subsection (a) of this section in every subcontract or
purchase order entered into in order to fulfill any obligation of a contract with the state and such provisions
shall be binding on a subcontractor vendor or manufacturer unless exempted by regulations or orders of the
commission The contractor shall take such action with respect to any such subcontract or purchase order as
the commission may direct as a means of enforcing such provisions including sanctions for noncompliance in
accordance with section 46a-56 provided if such contractor becomes involved in or is threatened with
litigation with a subcontractor or vendor as a result of such direction by the commission the contractor may
request the state of Connecticut to enter into any such litigation or negotiation prior thereto to protect the
interests of the state and the state may so enter
Page 3 of 10
The following subsections are set forth here as required by section 4a-60a of the Connecticut General Statutes
as amended by PA 07-142
(a) Every contract to which the state or any political subdivision of the state other than a municipality is a
party shall contain the following provisions (1) The contractor agrees and warrants that in the performance of
the contract such contractor will not discriminate or permit discrimination against any person or group of
persons on the grounds of sexual orientation in any manner prohibited by the laws of the United States or of
the state of Connecticut and that employees are treated when employed without regard to their sexual
orientation (2) the contractor agrees to provide each labor union or representative of workers with which such
contractor has a collective bargaining agreement or other contract or understanding and each vendor with
which such contractor has a contract or understanding a notice to be provided by the Commission on Human
Rights and Opportunities advising the labor union or workers representative of the contractors commitments
under this section and to post copies of the notice in conspicuous places available to employees and
applicants for employment (3) the contractor agrees to comply with each provision of this section and with
each regulation or relevant order issued by said commission pursuant to section 46a-56 as amended by this
act (4) the contractor agrees to provide the Commission on Human Rights and Opportunities with such
information requested by the commission and permit access to pertinent books records and accounts
concerning the employment practices and procedures of the contractor which relate to the provisions of this
section and section 46a-56 as amended by this act Prior to entering into the contract the contractor shall
provide the state or such political subdivision of the state with documentation in the form of a company or
corporate policy adopted by resolution of the board of directors shareholders managers members or other
governing body of such contractor to support the nondiscrimination agreement and warranty under
subdivision (1) of this subsection For the purposes of this section contract includes any extension or
modification of the contract and contractor includes any successors or assigns of the contractor
(b) The contractor shall include the provisions of subsection (a) of this section in every subcontract or
purchase order entered into in order to fulfill any obligation of a contract with the state and such provisions
shall be binding on a subcontractor vendor or manufacturer unless exempted by regulations or orders of the
commission The contractor shall take such action with respect to any such subcontract or purchase order as
the commission may direct as a means of enforcing such provisions including sanctions for noncompliance in
accordance with section 46a-56 provided if such contractor becomes involved in or is threatened with
litigation with a subcontractor or vendor as a result of such direction by the commission the contractor may
request the state of Connecticut to enter into any such litigation or negotiation prior thereto to protect the
interests of the state and the state may so enter
5 Executive Orders The Contract is subject to the provisions of Executive Order No Three of Governor
Thomas J Meskill promulgated June 16 1971 concerning labor employment practices Executive Order No
Seventeen of Governor Thomas J Meskill promulgated February 15 1973 concerning the listing of
employment openings and Executive Order No Sixteen of Governor John G Rowland promulgated August 4
1999 concerning violence in the workplace all of which are incorporated into and are made a part of the
Contract as if they had been fully set forth in it At the Contractorrsquos request the Client Agency shall provide a
copy of these orders to the Contractor The Contract may also be subject to Executive Order No 7C of
Governor M Jodi Rell promulgated July 13 2006 concerning contracting reforms and Executive Order No 14
of Governor M Jodi Rell promulgated April 17 2006 concerning procurement of cleaning products and
services in accordance with their respective terms and conditions
6 Clarifications In case of conflicts discrepancies errors or omissions among the various parts of this
contract any such matter shall be submitted immediately by Contractor to the State for clarification The State
shall issue clarification within a reasonable period of time Any services affected by such conflicts
discrepancies errors or omissions which are performed by Contractor prior to clarification by the State shall be
at Contractorrsquos risk
7 Indemnification (a) The Contractor shall indemnify defend and hold harmless the State and its officers
representatives agents servants employees successors and assigns from and against any and all (1) Claims
arising directly or indirectly in connection with the Contract including the acts of commission or omission
Page 4 of 10
(collectively the Acts) of the Contractor or Contractor Parties and (2) liabilities damages losses costs and
expenses including but not limited to attorneys and other professionals fees arising directly or indirectly in
connection with Claims Acts or the Contract The Contractor shall use counsel reasonably acceptable to the
State in carrying out its obligations under this section The Contractorrsquos obligations under this section to
indemnify defend and hold harmless against Claims includes Claims concerning confidentiality of any part of
or all of the Bid or any Records any intellectual property rights other proprietary rights of any person or entity
copyrighted or uncopyrighted compositions secret processes patented or unpatented inventions articles or
appliances furnished or used in the Performance of the Contract
(b) The Contractor shall reimburse the State for any and all damages to the real or personal property of the State
caused by the Acts of the Contractor or any Contractor Parties The State shall give the Contractor reasonable
notice of any such Claims
(c) The Contractorrsquos duties under this section shall remain fully in effect and binding in accordance with the
terms and conditions of the Contract without being lessened or compromised in any way even where the
Contractor is alleged or is found to have merely contributed in part to the Acts giving rise to the Claims andor
where the State is alleged or is found to have contributed to the Acts giving rise to the Claims
(d) The Contractor shall carry and maintain at all times during the term of the Contract and during the time that
any provisions survive the term of the Contract sufficient general liability insurance to satisfy its obligations
under this Contract The Contractor shall name the State as an additional insured on the policy and shall provide
a copy of the policy to the Agency prior to the effective date of the Contract The Contractor shall not begin
Performance until the delivery of the policy to the Agency
(e) The rights provided in this section for the benefit of the State shall encompass the recovery of attorneysrsquo and
other professionalsrsquo fees expended in pursuing a Claim against a third party
(f) This section shall survive the Termination Cancellation or Expiration of the Contract and shall not be
limited by reason of any insurance coverage
8 Amendments
Formal written amendment of the contract is required for changes to the final date of the contract period and to
terms and conditions specifically stated in the original contract and any prior amendments including but not
limited to
a The contractrsquos objectives services or plan
b Completion of objectives or services and
c Any other contract revisions determined material by the DEP
9 Change in Principal Project Staff Any changes in the principal project staff must be requested in writing
and approved in writing by the Commissioner or the Commissionerrsquos authorized representative at their sole
discretion In the event of any unapproved change in principal project staff the DEP may in its sole discretion
terminate or cancel this contract
10 Assignability The Contractor shall not assign any interest in this contract and shall not transfer any
interest in the same (whether by assignment or novation) without the prior written consent of the DEP thereto
provided however that claims for money due or to become due the Contractor from the DEP under this contract
may be assigned to a bank trust company or other financial institution without such approval Notice of any
assignment or transfer shall be furnished promptly to the DEP
11 Definition of ldquoExecutionrdquo This contract shall be fully executed when it has been signed by authorized
representatives of the parties and if it is for an amount exceeding three thousand dollars ($300000) by the
authorized representative of the state Attorney Generalrsquos Office
12 Sovereign Immunity The parties acknowledge and agree that nothing in the Solicitation or the Contract
shall be construed as a modification compromise or waiver by the State of any rights or defenses of any
immunities provided by Federal Law or the laws of the State of Connecticut to the State or any of its officers
Page 5 of 10
employees which may have had now have or will have with respect to all matters arising out of the Contract
To the extent that this section conflicts with any other section this section shall govern
13 CancellationTermination The DEP may cancel this contract for cause on five (5) daysrsquo notice A request
for termination of this contract by the Concessionaire or Contractor for a just cause will require approval by the
DEP Any cancellation or request for cancellation of this contract shall be submitted in writing and sent by
certified mail to
DEP
Bureau of Outdoor Recreation
Division of State Parks and Public Outreach
79 Elm Street
Hartford CT 06106-5127
Concessionaire
Mr John Doe
123 ABC Drive
Hartford CT 06000
Notwithstanding any provisions in this contract DEP through a duly authorized employee may terminate the
contract whenever the agency makes a written determination that such termination is in the best interests of the
State
If the DEP cancels this contract for causes listed below or if the Concessionaire terminates this contract prior to
the end of its full term without the consent of the State Parks Division the Concessionaire shall forfeit hisher
rights to bid on future concessions under the control of the State Parks Division and any prior payments received
by the State of Connecticut
a Failure by the Concessionaire to make annual payment during any time the contract is in force
shall be considered cause for cancellation by the DEP
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 6 of 10
it may now have or will have to the laying of venue of any Claims in any forum and further irrevocably submits
to such jurisdiction in any suit action or proceeding
15 Severability If any term or provision of the Contract or its application to any person entity or
circumstance shall to any extent be held to be invalid or unenforceable the remainder of the Contract or the
application of such term or provision shall not be affected as to persons entities or circumstances other than
those as to whom or to which it is held to be invalid or unenforceable Each remaining term and provision of the
Contract shall be valid and enforced to the fullest extent possible by law
16 Nondisclosure The Contactor shall not release any information concerning the services provided pursuant
to the Agreement or any part thereof to any member of the public press business entity or any official body
unless prior written consent is obtained from the State
The parties have hereunto set their hands
SIGNED AND DELIVERED below
STATE OF CONNECTICUT
By ____________________________(LS)
Thomas M Morrissey
Chief Bureau of Outdoor Recreation
Department of Environmental Protection
Date __________________
By____________________________ (LS)
John Doe
Concessionaire
Date _________________
APPROVED AS TO FORM
By ____________________________________ on ________________________
Assistant Attorney General
Page 7 of 10
(VARIOUS STATE PARKS CONCESSION CONTRACT)
ldquoATTACHMENT Ardquo
THE CONCESSIONAIRE AGREES TO THE FOLLOWING CONDITIONS
1 Insurance The Concessionaire shall furnish evidence of insurance A Certificate of Insurance
covering the whole period of the Concession contract shall reflect the following limits and shall be
submitted by the awarded Concessionaire to the Department of Environmental Protection
Commercial General Liability insurance providing a total limit of $1000000 for all damages
arising out of bodily injury to or death of all persons in any accident or occurrence and for all damages
arising out of injury to or destruction of property in any one accident or occurrence In cases where
any insurance policy shows an aggregate limit the aggregate limit shall not be less than $2000000
The operation of all motor vehicles including those hired or borrowed used in connection with
this contract shall be covered by Automobile Liability insurance providing for a total limit of
$1000000 for all damages arising out of bodily injuries or death of all persons in any one accident or
occurrence for all damages arising out of injury or destruction of property in any one accident or
occurrence In cases where an insurance policy shows an aggregate limit the limit shall not be less
than $2000000
The State of Connecticut shall be listed as an Additional Insured on all required coverage Said
coverage is to be provided by insurance companies licensed by the State of Connecticut Any
deductibles or self-insured retentions must be declared and approved by the State
With respect to all operations performed by the Concessionaire the Concessionaire shall carry
Workerrsquos Compensation insurance in accordance with the requirements of the laws of the State of
Connecticut
2 Item and Price List The Concessionaire shall forward by April 1 of each year of this agreement
a price list of all commodities andor souvenirs for sale to the Department of Environmental Protection
Bureau of Outdoor Recreation State Parks Division 79 Elm Street Hartford CT 06106-5127 for
approval for each subsequent year of the contract Any price increases are subject to the prior written
approval of the State Parks Division The Concessionaire shall post a price list of all commodities for
sale in full public view while in operation
The Concessionaire shall be allowed to sell souvenirs provided they are approved by the Division of
State Parks and Public Outreach however if the park name is used on souvenirs or items of clothing
the complete park name shall be used such as ldquoVarious State Parkrdquo not just ldquoVarious Parkrdquo
The Concessionaire warrants that all goods offered for sale shall not exceed in price nor be substandard
in quality or quantity to like articles sold in the surrounding community
Page 8 of 10
3 Sunscreen All Concessionairersquos that operate a concession in a beach park shall have available for
sale to the general public sunscreen with a Sun Protection Factor (SPF) of at least 15 for adults and
SPF 45 for children
4 Use of Biodegradable Products The Department of Environmental Protection encourages the
Concessionaire to use biodegradable products and packaging in its operations ie paper products or
products containing recycled contents only
5 Non-Glass Containers All liquids dispensed by the Concessionaire shall be in non-glass
containers
6 Prohibitions
The Concessionaire shall not sell flotation devices of any kind beach balls snorkels
facemasks or similar articles
The Concessionaire shall not sell dispense or give away alcoholic beverages
The Concessionaire shall not permit gratuities to employees of the State of Connecticut
No video or pinball games shall be permitted
No vending machines shall be permitted
7 Hours of Operation The Concessionaire shall open the concession(s) every day no later than 10 am
except during inclement weather and the concession shall remain open until three hours before but not later
than sunset from the date the contract is executed through Labor Day weekend For all remaining years of
the contract after 2009 the concession shall be open from Memorial Day through Labor Day weekend
Exceptions to this schedule shall be established through joint agreement of the on-site Park Supervisor and
the Concessionaire When closing due to inclement weather the on-site Park Supervisor must be notified
The Concessionaire shall keep a log where the concession is located of all early closures and shall submit a
season-end report to the Park Supervisor at the close of the concession season but no later than October 15th
8 Health Department Inspections The Concessionaire is responsible for scheduling inspections by
the appropriate local health department at the beginning of concession operations and thereafter
annually prior to April 15th
of each year this agreement is in effect The Concessionaire is responsible
for and shall directly pay for any fees charged for such inspections THE CONCESSIONAIRE
WILL BE RESPONSIBLE FOR OBTAINING AN ANNUAL PERMIT FROM THE LOCAL
HEALTH DEPARTMENT FOR THE TOWN THAT THE RESPECTIVE PARK IS
LOCATED A CURRENT PERMIT WILL BE OBTAINED EACH YEAR THE CONTRACT
IS IN FORCE AND MUST BE RECEIVED BY THE DEP DIVISION OF STATE PARKS AND
PUBLIC OUTREACH 79 ELM STREET HARTFORD CT 06106-5127 PRIOR TO
OPENING THE CONCESSION OPERATION
9 Public Health Code The Concessionaire agrees to conform to the Public Health Code of the State
of Connecticut concerning the storage handling and vending of food
10 State-Owned Equipment The Concessionaire shall be responsible for the use of all State-owned
equipment and agrees to replace articles lost or damaged other than those damaged by usual wear
resulting from concession use
11 State Property The Concessionaire shall install no fixed equipment nor make any physical
changes to State property without the prior written approval of DEP Any improvements andor
permanent fixtures approved by the DEP and provided by the Concessionaire during the contract term
shall become the property of the State of Connecticut at the termination of this agreement
Page 9 of 10
12 Utilities and Suppliers For billing purposes with Concessionaires utility companies and
suppliers the Concessionaire shall always use the name referred to as the ldquoConcessionairerdquo or
ldquoContractorrdquo At no time shall the Concessionaire use the state parkrsquos name and address for billing
purposes
13 InsectVermin Control The Concessionaire is responsible for any insect andor vermin control
as determined by the local or state health departments or by the on-site Park Supervisor
14 Refuse Disposal The Concessionaire at hisher own expense shall be responsible for the
disposal and removal of all recyclables and trash generated by said concession operation
15 General Maintenance The Concessionaire shall be responsible for maintaining in a clean
sanitary and orderly manner the general area of the State Park in which the Concession is located
DEP representatives or designees may inspect the Concession area at any time
16 Exclusivity The Concessionaire shall have the exclusive right to sell food within the park in
which the Concessionaire is the Lessee with the exception of foods or goods which have prior written
approval for DEP sanctioned events where food andor goods may be sold by the event sponsor or their
authorized agents
17 Rights of Park Visitors The Concessionaire agrees that nothing contained in the terms of the
Concession Contract shall prevent visitors from bringing their own food for their use to the park and
cooking such food for themselves Park visitors may also pre-arrange for private catering services on
department properties with the approval of the on-site Park Supervisor These services may be
permitted with the condition that no financial transactions occur on-site
18 On-Site Staffing Whenever the concession is open for business the Concessionaire must have
present an employee who is a qualified on-site manager That manager must be knowledgeable in all
aspects of operating the concession business
19 Code of Conduct Due to the public service nature of the Concession the Concessionaire and all
employees of the Concessionaire shall conduct themselves in a courteous respectful and professional
manner with all members of the public
20 Appearance The Concessionaire and hisher employees shall be clean and neat in appearance
Wearing an item of uniform eg a shirt hat or badge identifying the name of the Concessionaire
employee or business is encouraged
21 Concession Location The Concessionaire agrees unless specifically authorized in writing by
DEP to do otherwise to confine all sales to the established concession building(s) and further to
confine all advertising to the interior of said concession building(s) In the case of motor vehicle or
better known ldquomobilerdquo concessions the Concessionaire will confine the advertising menu to a sign
either affixed in the most notable area of the vehicle for the public to read or with the Park
Supervisorrsquos approval a movable sign would be acceptable next to the mobile concession vehicle
22 Food Inspection An authorized representative of the DEP shall conduct an annual in-season
food inspection The Concessionaire shall provide a range of food and beverage items (which will
constitute one free meal) to the DEPrsquos representative for food-tasting purposes
23 Financial Reporting By November 15th
of each calendar year that this contract is in force the
Concessionaire shall submit a certified statement of annual gross receipts attested to by a Notary
Page 10 of 10
Public andor a Commissioner of the Superior Court to Department of Environmental Protection
Bureau of Outdoor Recreation State Parks Division 79 Elm Street Hartford CT 06106-5127
24 Revenue DEP shall not assume responsibility for revenue loss directly or indirectly attributable
to actions taken by the DEP resulting from weather or crowd conditions or acts of God Neither shall
DEP assume responsibility for revenue loss directly or indirectly attributable to attendance loss
weather conditions or other uncontrollable phenomena
25 Compliance The Concessionaire agrees to comply with the regulations of the Department of
Environmental Protection regarding State Park and Forest Recreation Areas and with any other
department policy concerning the operation of concessions
Page 10 of 10
B Quaddick State Park Thompson
1 Activities
Swimming
Lake fishing
Boat launch
Picnicking
Field sports
2 Attendance in 2008 was 43000 day use visitors
3 Gross receipts for a food and beverage concession ranged from approximately
$4000 to $12000 between the 1980s and 2004
4 The concession building is 276 square feet It has an assessed value of $8778 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 wwwctgovdepstateparks
Page 1 of 1
LETTER OF INTENT TO SUBMIT A PROPOSAL
State of Connecticut
Department of Environmental Protection
RFP for _________________________ State Park
Return to Ms Patricia Downes
Department of Environmental Protection
Bureau of Outdoor Recreation
79 Elm Street
Hartford CT 06106-5127
860-424-3504 (Phone)
860-424-4070 (FAX)
Return Deadline 400 PM March 6 2009
The individual firm or corporation below intends to submit a proposal in response to the above referenced RFP
Note This letter is a non-binding expression of interest and does not obligate the sender to submit a proposal
The individual firm or corporation below has reviewed and if selected accepts the agencyrsquos standard contract and
conditions (provided in the RFP) in their entirety and without amendment
Name
Mailing Address
Contact Person
Telephone
FAX
Signature
Title Date
Page 1 of 10
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 Staterdquo or ldquoDEPrdquo and
John Doe of the Town of Hartford in the County of Hartford and the State of Connecticut hereinafter referred
to as the ldquoConcessionairerdquo or ldquoContractorrdquo
WITNESSETH
WHEREAS the DEP pursuant to Conn Gen Stat 23-26 has the authority to enter into contractual relations
with persons for the maintenance of concessions and other sources of revenue to be derived from services to the
general public using state parks and WHEREAS the Concessionaire desires to operate the concessions and
render services to the public at
VARIOUS STATE PARKS
NOW THEREFORE it is hereby agreed as follows
1 Duration The DEP hereby grants to the Concessionaire the exclusive right to operate a food and beverage
concession at the above mentioned State Park located in the Town of _________ County of _________ State
of Connecticut from the execution of this contract through September 30 2011 The DEP in its sole discretion
may renew this contract for one 2-year period under the same terms and conditions as outlined in this contract
2 Payment In consideration of said right and privileges the Concessionaire agrees to pay the sum of
$__________ annually payable in the amount of $__________ (50) at the execution of this contract and
$__________ (50) on or before July 15 2009 Beginning in 2010 the semi-annual payment of $__________
(50) shall be made payable by May 15th and July 15
th each year that this contract is in effect If the annual sum
is less than $100000 the sum is due in full at the execution of the contract and by May 15th of each
subsequent year that the contract is in effect All payments shall be made by check draft or money order
payable to Treasurer-State of Connecticut and delivered or mailed to the Department of Environmental
Protection Accounts Receivable 79 Elm Street Hartford Connecticut 06106-5127
3 Attachment ldquoArdquo hereto is incorporated herein by reference and all provisions thereof shall be binding upon
the parties
4 Non-Discrimination
The following subsections are set forth here as required by section 4a-60 of the Connecticut General Statutes as
amended by PA 07-142
(a) Every contract to which the state or any political subdivision of the state other than a municipality is a
party shall contain the following provisions (1) The contractor agrees and warrants that in the performance of
the contract such contractor will not discriminate or permit discrimination against any person or group of
persons on the grounds of race color religious creed age marital status national origin ancestry sex mental
retardation or physical disability including but not limited to blindness unless it is shown by such contractor
that such disability prevents performance of the work involved in any manner prohibited by the laws of the
Page 2 of 10
United States or of the state of Connecticut The contractor further agrees to take affirmative action to insure
that applicants with job-related qualifications are employed and that employees are treated when employed
without regard to their race color religious creed age marital status national origin ancestry sex mental
retardation or physical disability including but not limited to blindness unless it is shown by such
contractor that such disability prevents performance of the work involved (2) the contractor agrees in all
solicitations or advertisements for employees placed by or on behalf of the contractor to state that it is an
affirmative action-equal opportunity employer in accordance with regulations adopted by the commission
(3) the contractor agrees to provide each labor union or representative of workers with which such contractor
has a collective bargaining agreement or other contract or understanding and each vendor with which such
contractor has a contract or understanding a notice to be provided by the commission advising the labor union
or workers representative of the contractors commitments under this section and to post copies of the notice
in conspicuous places available to employees and applicants for employment (4) the contractor agrees to
comply with each provision of this section and sections 46a-68e and 46a-68f and with each regulation or
relevant order issued by said commission pursuant to sections 46a-56 as amended by this act 46a-68e and
46a-68f (5) the contractor agrees to provide the Commission on Human Rights and Opportunities with such
information requested by the commission and permit access to pertinent books records and accounts
concerning the employment practices and procedures of the contractor as relate to the provisions of this
section and section 46a-56 as amended by this act If the contract is a public works contract the contractor
agrees and warrants that he will make good faith efforts to employ minority business enterprises as
subcontractors and suppliers of materials on such public works project Prior to entering into the contract the
contractor shall provide the state or such political subdivision of the state with documentation in the form of a
company or corporate policy adopted by resolution of the board of directors shareholders managers
members or other governing body of such contractor to support the nondiscrimination agreement and warranty
under subdivision (1) of this subsection For the purposes of this section contract includes any extension or
modification of the contract and contractor includes any successors or assigns of the contractor
(b) For the purposes of this section minority business enterprise means any small contractor or supplier of
materials fifty-one per cent or more of the capital stock if any or assets of which is owned by a person or
persons (1) Who are active in the daily affairs of the enterprise (2) who have the power to direct the
management and policies of the enterprise and (3) who are members of a minority as such term is defined in
subsection (a) of section 32-9n and good faith means that degree of diligence which a reasonable person
would exercise in the performance of legal duties and obligations Good faith efforts shall include but not
be limited to those reasonable initial efforts necessary to comply with statutory or regulatory requirements
and additional or substituted efforts when it is determined that such initial efforts will not be sufficient to
comply with such requirements
(c) Determination of the contractors good faith efforts shall include but shall not be limited to the following
factors The contractors employment and subcontracting policies patterns and practices affirmative
advertising recruitment and training technical assistance activities and such other reasonable activities or
efforts as the commission may prescribe that are designed to ensure the participation of minority business
enterprises in public works projects
(d) The contractor shall develop and maintain adequate documentation in a manner prescribed by the
commission of its good faith efforts
(e) The contractor shall include the provisions of subsection (a) of this section in every subcontract or
purchase order entered into in order to fulfill any obligation of a contract with the state and such provisions
shall be binding on a subcontractor vendor or manufacturer unless exempted by regulations or orders of the
commission The contractor shall take such action with respect to any such subcontract or purchase order as
the commission may direct as a means of enforcing such provisions including sanctions for noncompliance in
accordance with section 46a-56 provided if such contractor becomes involved in or is threatened with
litigation with a subcontractor or vendor as a result of such direction by the commission the contractor may
request the state of Connecticut to enter into any such litigation or negotiation prior thereto to protect the
interests of the state and the state may so enter
Page 3 of 10
The following subsections are set forth here as required by section 4a-60a of the Connecticut General Statutes
as amended by PA 07-142
(a) Every contract to which the state or any political subdivision of the state other than a municipality is a
party shall contain the following provisions (1) The contractor agrees and warrants that in the performance of
the contract such contractor will not discriminate or permit discrimination against any person or group of
persons on the grounds of sexual orientation in any manner prohibited by the laws of the United States or of
the state of Connecticut and that employees are treated when employed without regard to their sexual
orientation (2) the contractor agrees to provide each labor union or representative of workers with which such
contractor has a collective bargaining agreement or other contract or understanding and each vendor with
which such contractor has a contract or understanding a notice to be provided by the Commission on Human
Rights and Opportunities advising the labor union or workers representative of the contractors commitments
under this section and to post copies of the notice in conspicuous places available to employees and
applicants for employment (3) the contractor agrees to comply with each provision of this section and with
each regulation or relevant order issued by said commission pursuant to section 46a-56 as amended by this
act (4) the contractor agrees to provide the Commission on Human Rights and Opportunities with such
information requested by the commission and permit access to pertinent books records and accounts
concerning the employment practices and procedures of the contractor which relate to the provisions of this
section and section 46a-56 as amended by this act Prior to entering into the contract the contractor shall
provide the state or such political subdivision of the state with documentation in the form of a company or
corporate policy adopted by resolution of the board of directors shareholders managers members or other
governing body of such contractor to support the nondiscrimination agreement and warranty under
subdivision (1) of this subsection For the purposes of this section contract includes any extension or
modification of the contract and contractor includes any successors or assigns of the contractor
(b) The contractor shall include the provisions of subsection (a) of this section in every subcontract or
purchase order entered into in order to fulfill any obligation of a contract with the state and such provisions
shall be binding on a subcontractor vendor or manufacturer unless exempted by regulations or orders of the
commission The contractor shall take such action with respect to any such subcontract or purchase order as
the commission may direct as a means of enforcing such provisions including sanctions for noncompliance in
accordance with section 46a-56 provided if such contractor becomes involved in or is threatened with
litigation with a subcontractor or vendor as a result of such direction by the commission the contractor may
request the state of Connecticut to enter into any such litigation or negotiation prior thereto to protect the
interests of the state and the state may so enter
5 Executive Orders The Contract is subject to the provisions of Executive Order No Three of Governor
Thomas J Meskill promulgated June 16 1971 concerning labor employment practices Executive Order No
Seventeen of Governor Thomas J Meskill promulgated February 15 1973 concerning the listing of
employment openings and Executive Order No Sixteen of Governor John G Rowland promulgated August 4
1999 concerning violence in the workplace all of which are incorporated into and are made a part of the
Contract as if they had been fully set forth in it At the Contractorrsquos request the Client Agency shall provide a
copy of these orders to the Contractor The Contract may also be subject to Executive Order No 7C of
Governor M Jodi Rell promulgated July 13 2006 concerning contracting reforms and Executive Order No 14
of Governor M Jodi Rell promulgated April 17 2006 concerning procurement of cleaning products and
services in accordance with their respective terms and conditions
6 Clarifications In case of conflicts discrepancies errors or omissions among the various parts of this
contract any such matter shall be submitted immediately by Contractor to the State for clarification The State
shall issue clarification within a reasonable period of time Any services affected by such conflicts
discrepancies errors or omissions which are performed by Contractor prior to clarification by the State shall be
at Contractorrsquos risk
7 Indemnification (a) The Contractor shall indemnify defend and hold harmless the State and its officers
representatives agents servants employees successors and assigns from and against any and all (1) Claims
arising directly or indirectly in connection with the Contract including the acts of commission or omission
Page 4 of 10
(collectively the Acts) of the Contractor or Contractor Parties and (2) liabilities damages losses costs and
expenses including but not limited to attorneys and other professionals fees arising directly or indirectly in
connection with Claims Acts or the Contract The Contractor shall use counsel reasonably acceptable to the
State in carrying out its obligations under this section The Contractorrsquos obligations under this section to
indemnify defend and hold harmless against Claims includes Claims concerning confidentiality of any part of
or all of the Bid or any Records any intellectual property rights other proprietary rights of any person or entity
copyrighted or uncopyrighted compositions secret processes patented or unpatented inventions articles or
appliances furnished or used in the Performance of the Contract
(b) The Contractor shall reimburse the State for any and all damages to the real or personal property of the State
caused by the Acts of the Contractor or any Contractor Parties The State shall give the Contractor reasonable
notice of any such Claims
(c) The Contractorrsquos duties under this section shall remain fully in effect and binding in accordance with the
terms and conditions of the Contract without being lessened or compromised in any way even where the
Contractor is alleged or is found to have merely contributed in part to the Acts giving rise to the Claims andor
where the State is alleged or is found to have contributed to the Acts giving rise to the Claims
(d) The Contractor shall carry and maintain at all times during the term of the Contract and during the time that
any provisions survive the term of the Contract sufficient general liability insurance to satisfy its obligations
under this Contract The Contractor shall name the State as an additional insured on the policy and shall provide
a copy of the policy to the Agency prior to the effective date of the Contract The Contractor shall not begin
Performance until the delivery of the policy to the Agency
(e) The rights provided in this section for the benefit of the State shall encompass the recovery of attorneysrsquo and
other professionalsrsquo fees expended in pursuing a Claim against a third party
(f) This section shall survive the Termination Cancellation or Expiration of the Contract and shall not be
limited by reason of any insurance coverage
8 Amendments
Formal written amendment of the contract is required for changes to the final date of the contract period and to
terms and conditions specifically stated in the original contract and any prior amendments including but not
limited to
a The contractrsquos objectives services or plan
b Completion of objectives or services and
c Any other contract revisions determined material by the DEP
9 Change in Principal Project Staff Any changes in the principal project staff must be requested in writing
and approved in writing by the Commissioner or the Commissionerrsquos authorized representative at their sole
discretion In the event of any unapproved change in principal project staff the DEP may in its sole discretion
terminate or cancel this contract
10 Assignability The Contractor shall not assign any interest in this contract and shall not transfer any
interest in the same (whether by assignment or novation) without the prior written consent of the DEP thereto
provided however that claims for money due or to become due the Contractor from the DEP under this contract
may be assigned to a bank trust company or other financial institution without such approval Notice of any
assignment or transfer shall be furnished promptly to the DEP
11 Definition of ldquoExecutionrdquo This contract shall be fully executed when it has been signed by authorized
representatives of the parties and if it is for an amount exceeding three thousand dollars ($300000) by the
authorized representative of the state Attorney Generalrsquos Office
12 Sovereign Immunity The parties acknowledge and agree that nothing in the Solicitation or the Contract
shall be construed as a modification compromise or waiver by the State of any rights or defenses of any
immunities provided by Federal Law or the laws of the State of Connecticut to the State or any of its officers
Page 5 of 10
employees which may have had now have or will have with respect to all matters arising out of the Contract
To the extent that this section conflicts with any other section this section shall govern
13 CancellationTermination The DEP may cancel this contract for cause on five (5) daysrsquo notice A request
for termination of this contract by the Concessionaire or Contractor for a just cause will require approval by the
DEP Any cancellation or request for cancellation of this contract shall be submitted in writing and sent by
certified mail to
DEP
Bureau of Outdoor Recreation
Division of State Parks and Public Outreach
79 Elm Street
Hartford CT 06106-5127
Concessionaire
Mr John Doe
123 ABC Drive
Hartford CT 06000
Notwithstanding any provisions in this contract DEP through a duly authorized employee may terminate the
contract whenever the agency makes a written determination that such termination is in the best interests of the
State
If the DEP cancels this contract for causes listed below or if the Concessionaire terminates this contract prior to
the end of its full term without the consent of the State Parks Division the Concessionaire shall forfeit hisher
rights to bid on future concessions under the control of the State Parks Division and any prior payments received
by the State of Connecticut
a Failure by the Concessionaire to make annual payment during any time the contract is in force
shall be considered cause for cancellation by the DEP
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 6 of 10
it may now have or will have to the laying of venue of any Claims in any forum and further irrevocably submits
to such jurisdiction in any suit action or proceeding
15 Severability If any term or provision of the Contract or its application to any person entity or
circumstance shall to any extent be held to be invalid or unenforceable the remainder of the Contract or the
application of such term or provision shall not be affected as to persons entities or circumstances other than
those as to whom or to which it is held to be invalid or unenforceable Each remaining term and provision of the
Contract shall be valid and enforced to the fullest extent possible by law
16 Nondisclosure The Contactor shall not release any information concerning the services provided pursuant
to the Agreement or any part thereof to any member of the public press business entity or any official body
unless prior written consent is obtained from the State
The parties have hereunto set their hands
SIGNED AND DELIVERED below
STATE OF CONNECTICUT
By ____________________________(LS)
Thomas M Morrissey
Chief Bureau of Outdoor Recreation
Department of Environmental Protection
Date __________________
By____________________________ (LS)
John Doe
Concessionaire
Date _________________
APPROVED AS TO FORM
By ____________________________________ on ________________________
Assistant Attorney General
Page 7 of 10
(VARIOUS STATE PARKS CONCESSION CONTRACT)
ldquoATTACHMENT Ardquo
THE CONCESSIONAIRE AGREES TO THE FOLLOWING CONDITIONS
1 Insurance The Concessionaire shall furnish evidence of insurance A Certificate of Insurance
covering the whole period of the Concession contract shall reflect the following limits and shall be
submitted by the awarded Concessionaire to the Department of Environmental Protection
Commercial General Liability insurance providing a total limit of $1000000 for all damages
arising out of bodily injury to or death of all persons in any accident or occurrence and for all damages
arising out of injury to or destruction of property in any one accident or occurrence In cases where
any insurance policy shows an aggregate limit the aggregate limit shall not be less than $2000000
The operation of all motor vehicles including those hired or borrowed used in connection with
this contract shall be covered by Automobile Liability insurance providing for a total limit of
$1000000 for all damages arising out of bodily injuries or death of all persons in any one accident or
occurrence for all damages arising out of injury or destruction of property in any one accident or
occurrence In cases where an insurance policy shows an aggregate limit the limit shall not be less
than $2000000
The State of Connecticut shall be listed as an Additional Insured on all required coverage Said
coverage is to be provided by insurance companies licensed by the State of Connecticut Any
deductibles or self-insured retentions must be declared and approved by the State
With respect to all operations performed by the Concessionaire the Concessionaire shall carry
Workerrsquos Compensation insurance in accordance with the requirements of the laws of the State of
Connecticut
2 Item and Price List The Concessionaire shall forward by April 1 of each year of this agreement
a price list of all commodities andor souvenirs for sale to the Department of Environmental Protection
Bureau of Outdoor Recreation State Parks Division 79 Elm Street Hartford CT 06106-5127 for
approval for each subsequent year of the contract Any price increases are subject to the prior written
approval of the State Parks Division The Concessionaire shall post a price list of all commodities for
sale in full public view while in operation
The Concessionaire shall be allowed to sell souvenirs provided they are approved by the Division of
State Parks and Public Outreach however if the park name is used on souvenirs or items of clothing
the complete park name shall be used such as ldquoVarious State Parkrdquo not just ldquoVarious Parkrdquo
The Concessionaire warrants that all goods offered for sale shall not exceed in price nor be substandard
in quality or quantity to like articles sold in the surrounding community
Page 8 of 10
3 Sunscreen All Concessionairersquos that operate a concession in a beach park shall have available for
sale to the general public sunscreen with a Sun Protection Factor (SPF) of at least 15 for adults and
SPF 45 for children
4 Use of Biodegradable Products The Department of Environmental Protection encourages the
Concessionaire to use biodegradable products and packaging in its operations ie paper products or
products containing recycled contents only
5 Non-Glass Containers All liquids dispensed by the Concessionaire shall be in non-glass
containers
6 Prohibitions
The Concessionaire shall not sell flotation devices of any kind beach balls snorkels
facemasks or similar articles
The Concessionaire shall not sell dispense or give away alcoholic beverages
The Concessionaire shall not permit gratuities to employees of the State of Connecticut
No video or pinball games shall be permitted
No vending machines shall be permitted
7 Hours of Operation The Concessionaire shall open the concession(s) every day no later than 10 am
except during inclement weather and the concession shall remain open until three hours before but not later
than sunset from the date the contract is executed through Labor Day weekend For all remaining years of
the contract after 2009 the concession shall be open from Memorial Day through Labor Day weekend
Exceptions to this schedule shall be established through joint agreement of the on-site Park Supervisor and
the Concessionaire When closing due to inclement weather the on-site Park Supervisor must be notified
The Concessionaire shall keep a log where the concession is located of all early closures and shall submit a
season-end report to the Park Supervisor at the close of the concession season but no later than October 15th
8 Health Department Inspections The Concessionaire is responsible for scheduling inspections by
the appropriate local health department at the beginning of concession operations and thereafter
annually prior to April 15th
of each year this agreement is in effect The Concessionaire is responsible
for and shall directly pay for any fees charged for such inspections THE CONCESSIONAIRE
WILL BE RESPONSIBLE FOR OBTAINING AN ANNUAL PERMIT FROM THE LOCAL
HEALTH DEPARTMENT FOR THE TOWN THAT THE RESPECTIVE PARK IS
LOCATED A CURRENT PERMIT WILL BE OBTAINED EACH YEAR THE CONTRACT
IS IN FORCE AND MUST BE RECEIVED BY THE DEP DIVISION OF STATE PARKS AND
PUBLIC OUTREACH 79 ELM STREET HARTFORD CT 06106-5127 PRIOR TO
OPENING THE CONCESSION OPERATION
9 Public Health Code The Concessionaire agrees to conform to the Public Health Code of the State
of Connecticut concerning the storage handling and vending of food
10 State-Owned Equipment The Concessionaire shall be responsible for the use of all State-owned
equipment and agrees to replace articles lost or damaged other than those damaged by usual wear
resulting from concession use
11 State Property The Concessionaire shall install no fixed equipment nor make any physical
changes to State property without the prior written approval of DEP Any improvements andor
permanent fixtures approved by the DEP and provided by the Concessionaire during the contract term
shall become the property of the State of Connecticut at the termination of this agreement
Page 9 of 10
12 Utilities and Suppliers For billing purposes with Concessionaires utility companies and
suppliers the Concessionaire shall always use the name referred to as the ldquoConcessionairerdquo or
ldquoContractorrdquo At no time shall the Concessionaire use the state parkrsquos name and address for billing
purposes
13 InsectVermin Control The Concessionaire is responsible for any insect andor vermin control
as determined by the local or state health departments or by the on-site Park Supervisor
14 Refuse Disposal The Concessionaire at hisher own expense shall be responsible for the
disposal and removal of all recyclables and trash generated by said concession operation
15 General Maintenance The Concessionaire shall be responsible for maintaining in a clean
sanitary and orderly manner the general area of the State Park in which the Concession is located
DEP representatives or designees may inspect the Concession area at any time
16 Exclusivity The Concessionaire shall have the exclusive right to sell food within the park in
which the Concessionaire is the Lessee with the exception of foods or goods which have prior written
approval for DEP sanctioned events where food andor goods may be sold by the event sponsor or their
authorized agents
17 Rights of Park Visitors The Concessionaire agrees that nothing contained in the terms of the
Concession Contract shall prevent visitors from bringing their own food for their use to the park and
cooking such food for themselves Park visitors may also pre-arrange for private catering services on
department properties with the approval of the on-site Park Supervisor These services may be
permitted with the condition that no financial transactions occur on-site
18 On-Site Staffing Whenever the concession is open for business the Concessionaire must have
present an employee who is a qualified on-site manager That manager must be knowledgeable in all
aspects of operating the concession business
19 Code of Conduct Due to the public service nature of the Concession the Concessionaire and all
employees of the Concessionaire shall conduct themselves in a courteous respectful and professional
manner with all members of the public
20 Appearance The Concessionaire and hisher employees shall be clean and neat in appearance
Wearing an item of uniform eg a shirt hat or badge identifying the name of the Concessionaire
employee or business is encouraged
21 Concession Location The Concessionaire agrees unless specifically authorized in writing by
DEP to do otherwise to confine all sales to the established concession building(s) and further to
confine all advertising to the interior of said concession building(s) In the case of motor vehicle or
better known ldquomobilerdquo concessions the Concessionaire will confine the advertising menu to a sign
either affixed in the most notable area of the vehicle for the public to read or with the Park
Supervisorrsquos approval a movable sign would be acceptable next to the mobile concession vehicle
22 Food Inspection An authorized representative of the DEP shall conduct an annual in-season
food inspection The Concessionaire shall provide a range of food and beverage items (which will
constitute one free meal) to the DEPrsquos representative for food-tasting purposes
23 Financial Reporting By November 15th
of each calendar year that this contract is in force the
Concessionaire shall submit a certified statement of annual gross receipts attested to by a Notary
Page 10 of 10
Public andor a Commissioner of the Superior Court to Department of Environmental Protection
Bureau of Outdoor Recreation State Parks Division 79 Elm Street Hartford CT 06106-5127
24 Revenue DEP shall not assume responsibility for revenue loss directly or indirectly attributable
to actions taken by the DEP resulting from weather or crowd conditions or acts of God Neither shall
DEP assume responsibility for revenue loss directly or indirectly attributable to attendance loss
weather conditions or other uncontrollable phenomena
25 Compliance The Concessionaire agrees to comply with the regulations of the Department of
Environmental Protection regarding State Park and Forest Recreation Areas and with any other
department policy concerning the operation of concessions
Page 1 of 1
LETTER OF INTENT TO SUBMIT A PROPOSAL
State of Connecticut
Department of Environmental Protection
RFP for _________________________ State Park
Return to Ms Patricia Downes
Department of Environmental Protection
Bureau of Outdoor Recreation
79 Elm Street
Hartford CT 06106-5127
860-424-3504 (Phone)
860-424-4070 (FAX)
Return Deadline 400 PM March 6 2009
The individual firm or corporation below intends to submit a proposal in response to the above referenced RFP
Note This letter is a non-binding expression of interest and does not obligate the sender to submit a proposal
The individual firm or corporation below has reviewed and if selected accepts the agencyrsquos standard contract and
conditions (provided in the RFP) in their entirety and without amendment
Name
Mailing Address
Contact Person
Telephone
FAX
Signature
Title Date
Page 1 of 10
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 Staterdquo or ldquoDEPrdquo and
John Doe of the Town of Hartford in the County of Hartford and the State of Connecticut hereinafter referred
to as the ldquoConcessionairerdquo or ldquoContractorrdquo
WITNESSETH
WHEREAS the DEP pursuant to Conn Gen Stat 23-26 has the authority to enter into contractual relations
with persons for the maintenance of concessions and other sources of revenue to be derived from services to the
general public using state parks and WHEREAS the Concessionaire desires to operate the concessions and
render services to the public at
VARIOUS STATE PARKS
NOW THEREFORE it is hereby agreed as follows
1 Duration The DEP hereby grants to the Concessionaire the exclusive right to operate a food and beverage
concession at the above mentioned State Park located in the Town of _________ County of _________ State
of Connecticut from the execution of this contract through September 30 2011 The DEP in its sole discretion
may renew this contract for one 2-year period under the same terms and conditions as outlined in this contract
2 Payment In consideration of said right and privileges the Concessionaire agrees to pay the sum of
$__________ annually payable in the amount of $__________ (50) at the execution of this contract and
$__________ (50) on or before July 15 2009 Beginning in 2010 the semi-annual payment of $__________
(50) shall be made payable by May 15th and July 15
th each year that this contract is in effect If the annual sum
is less than $100000 the sum is due in full at the execution of the contract and by May 15th of each
subsequent year that the contract is in effect All payments shall be made by check draft or money order
payable to Treasurer-State of Connecticut and delivered or mailed to the Department of Environmental
Protection Accounts Receivable 79 Elm Street Hartford Connecticut 06106-5127
3 Attachment ldquoArdquo hereto is incorporated herein by reference and all provisions thereof shall be binding upon
the parties
4 Non-Discrimination
The following subsections are set forth here as required by section 4a-60 of the Connecticut General Statutes as
amended by PA 07-142
(a) Every contract to which the state or any political subdivision of the state other than a municipality is a
party shall contain the following provisions (1) The contractor agrees and warrants that in the performance of
the contract such contractor will not discriminate or permit discrimination against any person or group of
persons on the grounds of race color religious creed age marital status national origin ancestry sex mental
retardation or physical disability including but not limited to blindness unless it is shown by such contractor
that such disability prevents performance of the work involved in any manner prohibited by the laws of the
Page 2 of 10
United States or of the state of Connecticut The contractor further agrees to take affirmative action to insure
that applicants with job-related qualifications are employed and that employees are treated when employed
without regard to their race color religious creed age marital status national origin ancestry sex mental
retardation or physical disability including but not limited to blindness unless it is shown by such
contractor that such disability prevents performance of the work involved (2) the contractor agrees in all
solicitations or advertisements for employees placed by or on behalf of the contractor to state that it is an
affirmative action-equal opportunity employer in accordance with regulations adopted by the commission
(3) the contractor agrees to provide each labor union or representative of workers with which such contractor
has a collective bargaining agreement or other contract or understanding and each vendor with which such
contractor has a contract or understanding a notice to be provided by the commission advising the labor union
or workers representative of the contractors commitments under this section and to post copies of the notice
in conspicuous places available to employees and applicants for employment (4) the contractor agrees to
comply with each provision of this section and sections 46a-68e and 46a-68f and with each regulation or
relevant order issued by said commission pursuant to sections 46a-56 as amended by this act 46a-68e and
46a-68f (5) the contractor agrees to provide the Commission on Human Rights and Opportunities with such
information requested by the commission and permit access to pertinent books records and accounts
concerning the employment practices and procedures of the contractor as relate to the provisions of this
section and section 46a-56 as amended by this act If the contract is a public works contract the contractor
agrees and warrants that he will make good faith efforts to employ minority business enterprises as
subcontractors and suppliers of materials on such public works project Prior to entering into the contract the
contractor shall provide the state or such political subdivision of the state with documentation in the form of a
company or corporate policy adopted by resolution of the board of directors shareholders managers
members or other governing body of such contractor to support the nondiscrimination agreement and warranty
under subdivision (1) of this subsection For the purposes of this section contract includes any extension or
modification of the contract and contractor includes any successors or assigns of the contractor
(b) For the purposes of this section minority business enterprise means any small contractor or supplier of
materials fifty-one per cent or more of the capital stock if any or assets of which is owned by a person or
persons (1) Who are active in the daily affairs of the enterprise (2) who have the power to direct the
management and policies of the enterprise and (3) who are members of a minority as such term is defined in
subsection (a) of section 32-9n and good faith means that degree of diligence which a reasonable person
would exercise in the performance of legal duties and obligations Good faith efforts shall include but not
be limited to those reasonable initial efforts necessary to comply with statutory or regulatory requirements
and additional or substituted efforts when it is determined that such initial efforts will not be sufficient to
comply with such requirements
(c) Determination of the contractors good faith efforts shall include but shall not be limited to the following
factors The contractors employment and subcontracting policies patterns and practices affirmative
advertising recruitment and training technical assistance activities and such other reasonable activities or
efforts as the commission may prescribe that are designed to ensure the participation of minority business
enterprises in public works projects
(d) The contractor shall develop and maintain adequate documentation in a manner prescribed by the
commission of its good faith efforts
(e) The contractor shall include the provisions of subsection (a) of this section in every subcontract or
purchase order entered into in order to fulfill any obligation of a contract with the state and such provisions
shall be binding on a subcontractor vendor or manufacturer unless exempted by regulations or orders of the
commission The contractor shall take such action with respect to any such subcontract or purchase order as
the commission may direct as a means of enforcing such provisions including sanctions for noncompliance in
accordance with section 46a-56 provided if such contractor becomes involved in or is threatened with
litigation with a subcontractor or vendor as a result of such direction by the commission the contractor may
request the state of Connecticut to enter into any such litigation or negotiation prior thereto to protect the
interests of the state and the state may so enter
Page 3 of 10
The following subsections are set forth here as required by section 4a-60a of the Connecticut General Statutes
as amended by PA 07-142
(a) Every contract to which the state or any political subdivision of the state other than a municipality is a
party shall contain the following provisions (1) The contractor agrees and warrants that in the performance of
the contract such contractor will not discriminate or permit discrimination against any person or group of
persons on the grounds of sexual orientation in any manner prohibited by the laws of the United States or of
the state of Connecticut and that employees are treated when employed without regard to their sexual
orientation (2) the contractor agrees to provide each labor union or representative of workers with which such
contractor has a collective bargaining agreement or other contract or understanding and each vendor with
which such contractor has a contract or understanding a notice to be provided by the Commission on Human
Rights and Opportunities advising the labor union or workers representative of the contractors commitments
under this section and to post copies of the notice in conspicuous places available to employees and
applicants for employment (3) the contractor agrees to comply with each provision of this section and with
each regulation or relevant order issued by said commission pursuant to section 46a-56 as amended by this
act (4) the contractor agrees to provide the Commission on Human Rights and Opportunities with such
information requested by the commission and permit access to pertinent books records and accounts
concerning the employment practices and procedures of the contractor which relate to the provisions of this
section and section 46a-56 as amended by this act Prior to entering into the contract the contractor shall
provide the state or such political subdivision of the state with documentation in the form of a company or
corporate policy adopted by resolution of the board of directors shareholders managers members or other
governing body of such contractor to support the nondiscrimination agreement and warranty under
subdivision (1) of this subsection For the purposes of this section contract includes any extension or
modification of the contract and contractor includes any successors or assigns of the contractor
(b) The contractor shall include the provisions of subsection (a) of this section in every subcontract or
purchase order entered into in order to fulfill any obligation of a contract with the state and such provisions
shall be binding on a subcontractor vendor or manufacturer unless exempted by regulations or orders of the
commission The contractor shall take such action with respect to any such subcontract or purchase order as
the commission may direct as a means of enforcing such provisions including sanctions for noncompliance in
accordance with section 46a-56 provided if such contractor becomes involved in or is threatened with
litigation with a subcontractor or vendor as a result of such direction by the commission the contractor may
request the state of Connecticut to enter into any such litigation or negotiation prior thereto to protect the
interests of the state and the state may so enter
5 Executive Orders The Contract is subject to the provisions of Executive Order No Three of Governor
Thomas J Meskill promulgated June 16 1971 concerning labor employment practices Executive Order No
Seventeen of Governor Thomas J Meskill promulgated February 15 1973 concerning the listing of
employment openings and Executive Order No Sixteen of Governor John G Rowland promulgated August 4
1999 concerning violence in the workplace all of which are incorporated into and are made a part of the
Contract as if they had been fully set forth in it At the Contractorrsquos request the Client Agency shall provide a
copy of these orders to the Contractor The Contract may also be subject to Executive Order No 7C of
Governor M Jodi Rell promulgated July 13 2006 concerning contracting reforms and Executive Order No 14
of Governor M Jodi Rell promulgated April 17 2006 concerning procurement of cleaning products and
services in accordance with their respective terms and conditions
6 Clarifications In case of conflicts discrepancies errors or omissions among the various parts of this
contract any such matter shall be submitted immediately by Contractor to the State for clarification The State
shall issue clarification within a reasonable period of time Any services affected by such conflicts
discrepancies errors or omissions which are performed by Contractor prior to clarification by the State shall be
at Contractorrsquos risk
7 Indemnification (a) The Contractor shall indemnify defend and hold harmless the State and its officers
representatives agents servants employees successors and assigns from and against any and all (1) Claims
arising directly or indirectly in connection with the Contract including the acts of commission or omission
Page 4 of 10
(collectively the Acts) of the Contractor or Contractor Parties and (2) liabilities damages losses costs and
expenses including but not limited to attorneys and other professionals fees arising directly or indirectly in
connection with Claims Acts or the Contract The Contractor shall use counsel reasonably acceptable to the
State in carrying out its obligations under this section The Contractorrsquos obligations under this section to
indemnify defend and hold harmless against Claims includes Claims concerning confidentiality of any part of
or all of the Bid or any Records any intellectual property rights other proprietary rights of any person or entity
copyrighted or uncopyrighted compositions secret processes patented or unpatented inventions articles or
appliances furnished or used in the Performance of the Contract
(b) The Contractor shall reimburse the State for any and all damages to the real or personal property of the State
caused by the Acts of the Contractor or any Contractor Parties The State shall give the Contractor reasonable
notice of any such Claims
(c) The Contractorrsquos duties under this section shall remain fully in effect and binding in accordance with the
terms and conditions of the Contract without being lessened or compromised in any way even where the
Contractor is alleged or is found to have merely contributed in part to the Acts giving rise to the Claims andor
where the State is alleged or is found to have contributed to the Acts giving rise to the Claims
(d) The Contractor shall carry and maintain at all times during the term of the Contract and during the time that
any provisions survive the term of the Contract sufficient general liability insurance to satisfy its obligations
under this Contract The Contractor shall name the State as an additional insured on the policy and shall provide
a copy of the policy to the Agency prior to the effective date of the Contract The Contractor shall not begin
Performance until the delivery of the policy to the Agency
(e) The rights provided in this section for the benefit of the State shall encompass the recovery of attorneysrsquo and
other professionalsrsquo fees expended in pursuing a Claim against a third party
(f) This section shall survive the Termination Cancellation or Expiration of the Contract and shall not be
limited by reason of any insurance coverage
8 Amendments
Formal written amendment of the contract is required for changes to the final date of the contract period and to
terms and conditions specifically stated in the original contract and any prior amendments including but not
limited to
a The contractrsquos objectives services or plan
b Completion of objectives or services and
c Any other contract revisions determined material by the DEP
9 Change in Principal Project Staff Any changes in the principal project staff must be requested in writing
and approved in writing by the Commissioner or the Commissionerrsquos authorized representative at their sole
discretion In the event of any unapproved change in principal project staff the DEP may in its sole discretion
terminate or cancel this contract
10 Assignability The Contractor shall not assign any interest in this contract and shall not transfer any
interest in the same (whether by assignment or novation) without the prior written consent of the DEP thereto
provided however that claims for money due or to become due the Contractor from the DEP under this contract
may be assigned to a bank trust company or other financial institution without such approval Notice of any
assignment or transfer shall be furnished promptly to the DEP
11 Definition of ldquoExecutionrdquo This contract shall be fully executed when it has been signed by authorized
representatives of the parties and if it is for an amount exceeding three thousand dollars ($300000) by the
authorized representative of the state Attorney Generalrsquos Office
12 Sovereign Immunity The parties acknowledge and agree that nothing in the Solicitation or the Contract
shall be construed as a modification compromise or waiver by the State of any rights or defenses of any
immunities provided by Federal Law or the laws of the State of Connecticut to the State or any of its officers
Page 5 of 10
employees which may have had now have or will have with respect to all matters arising out of the Contract
To the extent that this section conflicts with any other section this section shall govern
13 CancellationTermination The DEP may cancel this contract for cause on five (5) daysrsquo notice A request
for termination of this contract by the Concessionaire or Contractor for a just cause will require approval by the
DEP Any cancellation or request for cancellation of this contract shall be submitted in writing and sent by
certified mail to
DEP
Bureau of Outdoor Recreation
Division of State Parks and Public Outreach
79 Elm Street
Hartford CT 06106-5127
Concessionaire
Mr John Doe
123 ABC Drive
Hartford CT 06000
Notwithstanding any provisions in this contract DEP through a duly authorized employee may terminate the
contract whenever the agency makes a written determination that such termination is in the best interests of the
State
If the DEP cancels this contract for causes listed below or if the Concessionaire terminates this contract prior to
the end of its full term without the consent of the State Parks Division the Concessionaire shall forfeit hisher
rights to bid on future concessions under the control of the State Parks Division and any prior payments received
by the State of Connecticut
a Failure by the Concessionaire to make annual payment during any time the contract is in force
shall be considered cause for cancellation by the DEP
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 6 of 10
it may now have or will have to the laying of venue of any Claims in any forum and further irrevocably submits
to such jurisdiction in any suit action or proceeding
15 Severability If any term or provision of the Contract or its application to any person entity or
circumstance shall to any extent be held to be invalid or unenforceable the remainder of the Contract or the
application of such term or provision shall not be affected as to persons entities or circumstances other than
those as to whom or to which it is held to be invalid or unenforceable Each remaining term and provision of the
Contract shall be valid and enforced to the fullest extent possible by law
16 Nondisclosure The Contactor shall not release any information concerning the services provided pursuant
to the Agreement or any part thereof to any member of the public press business entity or any official body
unless prior written consent is obtained from the State
The parties have hereunto set their hands
SIGNED AND DELIVERED below
STATE OF CONNECTICUT
By ____________________________(LS)
Thomas M Morrissey
Chief Bureau of Outdoor Recreation
Department of Environmental Protection
Date __________________
By____________________________ (LS)
John Doe
Concessionaire
Date _________________
APPROVED AS TO FORM
By ____________________________________ on ________________________
Assistant Attorney General
Page 7 of 10
(VARIOUS STATE PARKS CONCESSION CONTRACT)
ldquoATTACHMENT Ardquo
THE CONCESSIONAIRE AGREES TO THE FOLLOWING CONDITIONS
1 Insurance The Concessionaire shall furnish evidence of insurance A Certificate of Insurance
covering the whole period of the Concession contract shall reflect the following limits and shall be
submitted by the awarded Concessionaire to the Department of Environmental Protection
Commercial General Liability insurance providing a total limit of $1000000 for all damages
arising out of bodily injury to or death of all persons in any accident or occurrence and for all damages
arising out of injury to or destruction of property in any one accident or occurrence In cases where
any insurance policy shows an aggregate limit the aggregate limit shall not be less than $2000000
The operation of all motor vehicles including those hired or borrowed used in connection with
this contract shall be covered by Automobile Liability insurance providing for a total limit of
$1000000 for all damages arising out of bodily injuries or death of all persons in any one accident or
occurrence for all damages arising out of injury or destruction of property in any one accident or
occurrence In cases where an insurance policy shows an aggregate limit the limit shall not be less
than $2000000
The State of Connecticut shall be listed as an Additional Insured on all required coverage Said
coverage is to be provided by insurance companies licensed by the State of Connecticut Any
deductibles or self-insured retentions must be declared and approved by the State
With respect to all operations performed by the Concessionaire the Concessionaire shall carry
Workerrsquos Compensation insurance in accordance with the requirements of the laws of the State of
Connecticut
2 Item and Price List The Concessionaire shall forward by April 1 of each year of this agreement
a price list of all commodities andor souvenirs for sale to the Department of Environmental Protection
Bureau of Outdoor Recreation State Parks Division 79 Elm Street Hartford CT 06106-5127 for
approval for each subsequent year of the contract Any price increases are subject to the prior written
approval of the State Parks Division The Concessionaire shall post a price list of all commodities for
sale in full public view while in operation
The Concessionaire shall be allowed to sell souvenirs provided they are approved by the Division of
State Parks and Public Outreach however if the park name is used on souvenirs or items of clothing
the complete park name shall be used such as ldquoVarious State Parkrdquo not just ldquoVarious Parkrdquo
The Concessionaire warrants that all goods offered for sale shall not exceed in price nor be substandard
in quality or quantity to like articles sold in the surrounding community
Page 8 of 10
3 Sunscreen All Concessionairersquos that operate a concession in a beach park shall have available for
sale to the general public sunscreen with a Sun Protection Factor (SPF) of at least 15 for adults and
SPF 45 for children
4 Use of Biodegradable Products The Department of Environmental Protection encourages the
Concessionaire to use biodegradable products and packaging in its operations ie paper products or
products containing recycled contents only
5 Non-Glass Containers All liquids dispensed by the Concessionaire shall be in non-glass
containers
6 Prohibitions
The Concessionaire shall not sell flotation devices of any kind beach balls snorkels
facemasks or similar articles
The Concessionaire shall not sell dispense or give away alcoholic beverages
The Concessionaire shall not permit gratuities to employees of the State of Connecticut
No video or pinball games shall be permitted
No vending machines shall be permitted
7 Hours of Operation The Concessionaire shall open the concession(s) every day no later than 10 am
except during inclement weather and the concession shall remain open until three hours before but not later
than sunset from the date the contract is executed through Labor Day weekend For all remaining years of
the contract after 2009 the concession shall be open from Memorial Day through Labor Day weekend
Exceptions to this schedule shall be established through joint agreement of the on-site Park Supervisor and
the Concessionaire When closing due to inclement weather the on-site Park Supervisor must be notified
The Concessionaire shall keep a log where the concession is located of all early closures and shall submit a
season-end report to the Park Supervisor at the close of the concession season but no later than October 15th
8 Health Department Inspections The Concessionaire is responsible for scheduling inspections by
the appropriate local health department at the beginning of concession operations and thereafter
annually prior to April 15th
of each year this agreement is in effect The Concessionaire is responsible
for and shall directly pay for any fees charged for such inspections THE CONCESSIONAIRE
WILL BE RESPONSIBLE FOR OBTAINING AN ANNUAL PERMIT FROM THE LOCAL
HEALTH DEPARTMENT FOR THE TOWN THAT THE RESPECTIVE PARK IS
LOCATED A CURRENT PERMIT WILL BE OBTAINED EACH YEAR THE CONTRACT
IS IN FORCE AND MUST BE RECEIVED BY THE DEP DIVISION OF STATE PARKS AND
PUBLIC OUTREACH 79 ELM STREET HARTFORD CT 06106-5127 PRIOR TO
OPENING THE CONCESSION OPERATION
9 Public Health Code The Concessionaire agrees to conform to the Public Health Code of the State
of Connecticut concerning the storage handling and vending of food
10 State-Owned Equipment The Concessionaire shall be responsible for the use of all State-owned
equipment and agrees to replace articles lost or damaged other than those damaged by usual wear
resulting from concession use
11 State Property The Concessionaire shall install no fixed equipment nor make any physical
changes to State property without the prior written approval of DEP Any improvements andor
permanent fixtures approved by the DEP and provided by the Concessionaire during the contract term
shall become the property of the State of Connecticut at the termination of this agreement
Page 9 of 10
12 Utilities and Suppliers For billing purposes with Concessionaires utility companies and
suppliers the Concessionaire shall always use the name referred to as the ldquoConcessionairerdquo or
ldquoContractorrdquo At no time shall the Concessionaire use the state parkrsquos name and address for billing
purposes
13 InsectVermin Control The Concessionaire is responsible for any insect andor vermin control
as determined by the local or state health departments or by the on-site Park Supervisor
14 Refuse Disposal The Concessionaire at hisher own expense shall be responsible for the
disposal and removal of all recyclables and trash generated by said concession operation
15 General Maintenance The Concessionaire shall be responsible for maintaining in a clean
sanitary and orderly manner the general area of the State Park in which the Concession is located
DEP representatives or designees may inspect the Concession area at any time
16 Exclusivity The Concessionaire shall have the exclusive right to sell food within the park in
which the Concessionaire is the Lessee with the exception of foods or goods which have prior written
approval for DEP sanctioned events where food andor goods may be sold by the event sponsor or their
authorized agents
17 Rights of Park Visitors The Concessionaire agrees that nothing contained in the terms of the
Concession Contract shall prevent visitors from bringing their own food for their use to the park and
cooking such food for themselves Park visitors may also pre-arrange for private catering services on
department properties with the approval of the on-site Park Supervisor These services may be
permitted with the condition that no financial transactions occur on-site
18 On-Site Staffing Whenever the concession is open for business the Concessionaire must have
present an employee who is a qualified on-site manager That manager must be knowledgeable in all
aspects of operating the concession business
19 Code of Conduct Due to the public service nature of the Concession the Concessionaire and all
employees of the Concessionaire shall conduct themselves in a courteous respectful and professional
manner with all members of the public
20 Appearance The Concessionaire and hisher employees shall be clean and neat in appearance
Wearing an item of uniform eg a shirt hat or badge identifying the name of the Concessionaire
employee or business is encouraged
21 Concession Location The Concessionaire agrees unless specifically authorized in writing by
DEP to do otherwise to confine all sales to the established concession building(s) and further to
confine all advertising to the interior of said concession building(s) In the case of motor vehicle or
better known ldquomobilerdquo concessions the Concessionaire will confine the advertising menu to a sign
either affixed in the most notable area of the vehicle for the public to read or with the Park
Supervisorrsquos approval a movable sign would be acceptable next to the mobile concession vehicle
22 Food Inspection An authorized representative of the DEP shall conduct an annual in-season
food inspection The Concessionaire shall provide a range of food and beverage items (which will
constitute one free meal) to the DEPrsquos representative for food-tasting purposes
23 Financial Reporting By November 15th
of each calendar year that this contract is in force the
Concessionaire shall submit a certified statement of annual gross receipts attested to by a Notary
Page 10 of 10
Public andor a Commissioner of the Superior Court to Department of Environmental Protection
Bureau of Outdoor Recreation State Parks Division 79 Elm Street Hartford CT 06106-5127
24 Revenue DEP shall not assume responsibility for revenue loss directly or indirectly attributable
to actions taken by the DEP resulting from weather or crowd conditions or acts of God Neither shall
DEP assume responsibility for revenue loss directly or indirectly attributable to attendance loss
weather conditions or other uncontrollable phenomena
25 Compliance The Concessionaire agrees to comply with the regulations of the Department of
Environmental Protection regarding State Park and Forest Recreation Areas and with any other
department policy concerning the operation of concessions
Page 1 of 10
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 Staterdquo or ldquoDEPrdquo and
John Doe of the Town of Hartford in the County of Hartford and the State of Connecticut hereinafter referred
to as the ldquoConcessionairerdquo or ldquoContractorrdquo
WITNESSETH
WHEREAS the DEP pursuant to Conn Gen Stat 23-26 has the authority to enter into contractual relations
with persons for the maintenance of concessions and other sources of revenue to be derived from services to the
general public using state parks and WHEREAS the Concessionaire desires to operate the concessions and
render services to the public at
VARIOUS STATE PARKS
NOW THEREFORE it is hereby agreed as follows
1 Duration The DEP hereby grants to the Concessionaire the exclusive right to operate a food and beverage
concession at the above mentioned State Park located in the Town of _________ County of _________ State
of Connecticut from the execution of this contract through September 30 2011 The DEP in its sole discretion
may renew this contract for one 2-year period under the same terms and conditions as outlined in this contract
2 Payment In consideration of said right and privileges the Concessionaire agrees to pay the sum of
$__________ annually payable in the amount of $__________ (50) at the execution of this contract and
$__________ (50) on or before July 15 2009 Beginning in 2010 the semi-annual payment of $__________
(50) shall be made payable by May 15th and July 15
th each year that this contract is in effect If the annual sum
is less than $100000 the sum is due in full at the execution of the contract and by May 15th of each
subsequent year that the contract is in effect All payments shall be made by check draft or money order
payable to Treasurer-State of Connecticut and delivered or mailed to the Department of Environmental
Protection Accounts Receivable 79 Elm Street Hartford Connecticut 06106-5127
3 Attachment ldquoArdquo hereto is incorporated herein by reference and all provisions thereof shall be binding upon
the parties
4 Non-Discrimination
The following subsections are set forth here as required by section 4a-60 of the Connecticut General Statutes as
amended by PA 07-142
(a) Every contract to which the state or any political subdivision of the state other than a municipality is a
party shall contain the following provisions (1) The contractor agrees and warrants that in the performance of
the contract such contractor will not discriminate or permit discrimination against any person or group of
persons on the grounds of race color religious creed age marital status national origin ancestry sex mental
retardation or physical disability including but not limited to blindness unless it is shown by such contractor
that such disability prevents performance of the work involved in any manner prohibited by the laws of the
Page 2 of 10
United States or of the state of Connecticut The contractor further agrees to take affirmative action to insure
that applicants with job-related qualifications are employed and that employees are treated when employed
without regard to their race color religious creed age marital status national origin ancestry sex mental
retardation or physical disability including but not limited to blindness unless it is shown by such
contractor that such disability prevents performance of the work involved (2) the contractor agrees in all
solicitations or advertisements for employees placed by or on behalf of the contractor to state that it is an
affirmative action-equal opportunity employer in accordance with regulations adopted by the commission
(3) the contractor agrees to provide each labor union or representative of workers with which such contractor
has a collective bargaining agreement or other contract or understanding and each vendor with which such
contractor has a contract or understanding a notice to be provided by the commission advising the labor union
or workers representative of the contractors commitments under this section and to post copies of the notice
in conspicuous places available to employees and applicants for employment (4) the contractor agrees to
comply with each provision of this section and sections 46a-68e and 46a-68f and with each regulation or
relevant order issued by said commission pursuant to sections 46a-56 as amended by this act 46a-68e and
46a-68f (5) the contractor agrees to provide the Commission on Human Rights and Opportunities with such
information requested by the commission and permit access to pertinent books records and accounts
concerning the employment practices and procedures of the contractor as relate to the provisions of this
section and section 46a-56 as amended by this act If the contract is a public works contract the contractor
agrees and warrants that he will make good faith efforts to employ minority business enterprises as
subcontractors and suppliers of materials on such public works project Prior to entering into the contract the
contractor shall provide the state or such political subdivision of the state with documentation in the form of a
company or corporate policy adopted by resolution of the board of directors shareholders managers
members or other governing body of such contractor to support the nondiscrimination agreement and warranty
under subdivision (1) of this subsection For the purposes of this section contract includes any extension or
modification of the contract and contractor includes any successors or assigns of the contractor
(b) For the purposes of this section minority business enterprise means any small contractor or supplier of
materials fifty-one per cent or more of the capital stock if any or assets of which is owned by a person or
persons (1) Who are active in the daily affairs of the enterprise (2) who have the power to direct the
management and policies of the enterprise and (3) who are members of a minority as such term is defined in
subsection (a) of section 32-9n and good faith means that degree of diligence which a reasonable person
would exercise in the performance of legal duties and obligations Good faith efforts shall include but not
be limited to those reasonable initial efforts necessary to comply with statutory or regulatory requirements
and additional or substituted efforts when it is determined that such initial efforts will not be sufficient to
comply with such requirements
(c) Determination of the contractors good faith efforts shall include but shall not be limited to the following
factors The contractors employment and subcontracting policies patterns and practices affirmative
advertising recruitment and training technical assistance activities and such other reasonable activities or
efforts as the commission may prescribe that are designed to ensure the participation of minority business
enterprises in public works projects
(d) The contractor shall develop and maintain adequate documentation in a manner prescribed by the
commission of its good faith efforts
(e) The contractor shall include the provisions of subsection (a) of this section in every subcontract or
purchase order entered into in order to fulfill any obligation of a contract with the state and such provisions
shall be binding on a subcontractor vendor or manufacturer unless exempted by regulations or orders of the
commission The contractor shall take such action with respect to any such subcontract or purchase order as
the commission may direct as a means of enforcing such provisions including sanctions for noncompliance in
accordance with section 46a-56 provided if such contractor becomes involved in or is threatened with
litigation with a subcontractor or vendor as a result of such direction by the commission the contractor may
request the state of Connecticut to enter into any such litigation or negotiation prior thereto to protect the
interests of the state and the state may so enter
Page 3 of 10
The following subsections are set forth here as required by section 4a-60a of the Connecticut General Statutes
as amended by PA 07-142
(a) Every contract to which the state or any political subdivision of the state other than a municipality is a
party shall contain the following provisions (1) The contractor agrees and warrants that in the performance of
the contract such contractor will not discriminate or permit discrimination against any person or group of
persons on the grounds of sexual orientation in any manner prohibited by the laws of the United States or of
the state of Connecticut and that employees are treated when employed without regard to their sexual
orientation (2) the contractor agrees to provide each labor union or representative of workers with which such
contractor has a collective bargaining agreement or other contract or understanding and each vendor with
which such contractor has a contract or understanding a notice to be provided by the Commission on Human
Rights and Opportunities advising the labor union or workers representative of the contractors commitments
under this section and to post copies of the notice in conspicuous places available to employees and
applicants for employment (3) the contractor agrees to comply with each provision of this section and with
each regulation or relevant order issued by said commission pursuant to section 46a-56 as amended by this
act (4) the contractor agrees to provide the Commission on Human Rights and Opportunities with such
information requested by the commission and permit access to pertinent books records and accounts
concerning the employment practices and procedures of the contractor which relate to the provisions of this
section and section 46a-56 as amended by this act Prior to entering into the contract the contractor shall
provide the state or such political subdivision of the state with documentation in the form of a company or
corporate policy adopted by resolution of the board of directors shareholders managers members or other
governing body of such contractor to support the nondiscrimination agreement and warranty under
subdivision (1) of this subsection For the purposes of this section contract includes any extension or
modification of the contract and contractor includes any successors or assigns of the contractor
(b) The contractor shall include the provisions of subsection (a) of this section in every subcontract or
purchase order entered into in order to fulfill any obligation of a contract with the state and such provisions
shall be binding on a subcontractor vendor or manufacturer unless exempted by regulations or orders of the
commission The contractor shall take such action with respect to any such subcontract or purchase order as
the commission may direct as a means of enforcing such provisions including sanctions for noncompliance in
accordance with section 46a-56 provided if such contractor becomes involved in or is threatened with
litigation with a subcontractor or vendor as a result of such direction by the commission the contractor may
request the state of Connecticut to enter into any such litigation or negotiation prior thereto to protect the
interests of the state and the state may so enter
5 Executive Orders The Contract is subject to the provisions of Executive Order No Three of Governor
Thomas J Meskill promulgated June 16 1971 concerning labor employment practices Executive Order No
Seventeen of Governor Thomas J Meskill promulgated February 15 1973 concerning the listing of
employment openings and Executive Order No Sixteen of Governor John G Rowland promulgated August 4
1999 concerning violence in the workplace all of which are incorporated into and are made a part of the
Contract as if they had been fully set forth in it At the Contractorrsquos request the Client Agency shall provide a
copy of these orders to the Contractor The Contract may also be subject to Executive Order No 7C of
Governor M Jodi Rell promulgated July 13 2006 concerning contracting reforms and Executive Order No 14
of Governor M Jodi Rell promulgated April 17 2006 concerning procurement of cleaning products and
services in accordance with their respective terms and conditions
6 Clarifications In case of conflicts discrepancies errors or omissions among the various parts of this
contract any such matter shall be submitted immediately by Contractor to the State for clarification The State
shall issue clarification within a reasonable period of time Any services affected by such conflicts
discrepancies errors or omissions which are performed by Contractor prior to clarification by the State shall be
at Contractorrsquos risk
7 Indemnification (a) The Contractor shall indemnify defend and hold harmless the State and its officers
representatives agents servants employees successors and assigns from and against any and all (1) Claims
arising directly or indirectly in connection with the Contract including the acts of commission or omission
Page 4 of 10
(collectively the Acts) of the Contractor or Contractor Parties and (2) liabilities damages losses costs and
expenses including but not limited to attorneys and other professionals fees arising directly or indirectly in
connection with Claims Acts or the Contract The Contractor shall use counsel reasonably acceptable to the
State in carrying out its obligations under this section The Contractorrsquos obligations under this section to
indemnify defend and hold harmless against Claims includes Claims concerning confidentiality of any part of
or all of the Bid or any Records any intellectual property rights other proprietary rights of any person or entity
copyrighted or uncopyrighted compositions secret processes patented or unpatented inventions articles or
appliances furnished or used in the Performance of the Contract
(b) The Contractor shall reimburse the State for any and all damages to the real or personal property of the State
caused by the Acts of the Contractor or any Contractor Parties The State shall give the Contractor reasonable
notice of any such Claims
(c) The Contractorrsquos duties under this section shall remain fully in effect and binding in accordance with the
terms and conditions of the Contract without being lessened or compromised in any way even where the
Contractor is alleged or is found to have merely contributed in part to the Acts giving rise to the Claims andor
where the State is alleged or is found to have contributed to the Acts giving rise to the Claims
(d) The Contractor shall carry and maintain at all times during the term of the Contract and during the time that
any provisions survive the term of the Contract sufficient general liability insurance to satisfy its obligations
under this Contract The Contractor shall name the State as an additional insured on the policy and shall provide
a copy of the policy to the Agency prior to the effective date of the Contract The Contractor shall not begin
Performance until the delivery of the policy to the Agency
(e) The rights provided in this section for the benefit of the State shall encompass the recovery of attorneysrsquo and
other professionalsrsquo fees expended in pursuing a Claim against a third party
(f) This section shall survive the Termination Cancellation or Expiration of the Contract and shall not be
limited by reason of any insurance coverage
8 Amendments
Formal written amendment of the contract is required for changes to the final date of the contract period and to
terms and conditions specifically stated in the original contract and any prior amendments including but not
limited to
a The contractrsquos objectives services or plan
b Completion of objectives or services and
c Any other contract revisions determined material by the DEP
9 Change in Principal Project Staff Any changes in the principal project staff must be requested in writing
and approved in writing by the Commissioner or the Commissionerrsquos authorized representative at their sole
discretion In the event of any unapproved change in principal project staff the DEP may in its sole discretion
terminate or cancel this contract
10 Assignability The Contractor shall not assign any interest in this contract and shall not transfer any
interest in the same (whether by assignment or novation) without the prior written consent of the DEP thereto
provided however that claims for money due or to become due the Contractor from the DEP under this contract
may be assigned to a bank trust company or other financial institution without such approval Notice of any
assignment or transfer shall be furnished promptly to the DEP
11 Definition of ldquoExecutionrdquo This contract shall be fully executed when it has been signed by authorized
representatives of the parties and if it is for an amount exceeding three thousand dollars ($300000) by the
authorized representative of the state Attorney Generalrsquos Office
12 Sovereign Immunity The parties acknowledge and agree that nothing in the Solicitation or the Contract
shall be construed as a modification compromise or waiver by the State of any rights or defenses of any
immunities provided by Federal Law or the laws of the State of Connecticut to the State or any of its officers
Page 5 of 10
employees which may have had now have or will have with respect to all matters arising out of the Contract
To the extent that this section conflicts with any other section this section shall govern
13 CancellationTermination The DEP may cancel this contract for cause on five (5) daysrsquo notice A request
for termination of this contract by the Concessionaire or Contractor for a just cause will require approval by the
DEP Any cancellation or request for cancellation of this contract shall be submitted in writing and sent by
certified mail to
DEP
Bureau of Outdoor Recreation
Division of State Parks and Public Outreach
79 Elm Street
Hartford CT 06106-5127
Concessionaire
Mr John Doe
123 ABC Drive
Hartford CT 06000
Notwithstanding any provisions in this contract DEP through a duly authorized employee may terminate the
contract whenever the agency makes a written determination that such termination is in the best interests of the
State
If the DEP cancels this contract for causes listed below or if the Concessionaire terminates this contract prior to
the end of its full term without the consent of the State Parks Division the Concessionaire shall forfeit hisher
rights to bid on future concessions under the control of the State Parks Division and any prior payments received
by the State of Connecticut
a Failure by the Concessionaire to make annual payment during any time the contract is in force
shall be considered cause for cancellation by the DEP
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 6 of 10
it may now have or will have to the laying of venue of any Claims in any forum and further irrevocably submits
to such jurisdiction in any suit action or proceeding
15 Severability If any term or provision of the Contract or its application to any person entity or
circumstance shall to any extent be held to be invalid or unenforceable the remainder of the Contract or the
application of such term or provision shall not be affected as to persons entities or circumstances other than
those as to whom or to which it is held to be invalid or unenforceable Each remaining term and provision of the
Contract shall be valid and enforced to the fullest extent possible by law
16 Nondisclosure The Contactor shall not release any information concerning the services provided pursuant
to the Agreement or any part thereof to any member of the public press business entity or any official body
unless prior written consent is obtained from the State
The parties have hereunto set their hands
SIGNED AND DELIVERED below
STATE OF CONNECTICUT
By ____________________________(LS)
Thomas M Morrissey
Chief Bureau of Outdoor Recreation
Department of Environmental Protection
Date __________________
By____________________________ (LS)
John Doe
Concessionaire
Date _________________
APPROVED AS TO FORM
By ____________________________________ on ________________________
Assistant Attorney General
Page 7 of 10
(VARIOUS STATE PARKS CONCESSION CONTRACT)
ldquoATTACHMENT Ardquo
THE CONCESSIONAIRE AGREES TO THE FOLLOWING CONDITIONS
1 Insurance The Concessionaire shall furnish evidence of insurance A Certificate of Insurance
covering the whole period of the Concession contract shall reflect the following limits and shall be
submitted by the awarded Concessionaire to the Department of Environmental Protection
Commercial General Liability insurance providing a total limit of $1000000 for all damages
arising out of bodily injury to or death of all persons in any accident or occurrence and for all damages
arising out of injury to or destruction of property in any one accident or occurrence In cases where
any insurance policy shows an aggregate limit the aggregate limit shall not be less than $2000000
The operation of all motor vehicles including those hired or borrowed used in connection with
this contract shall be covered by Automobile Liability insurance providing for a total limit of
$1000000 for all damages arising out of bodily injuries or death of all persons in any one accident or
occurrence for all damages arising out of injury or destruction of property in any one accident or
occurrence In cases where an insurance policy shows an aggregate limit the limit shall not be less
than $2000000
The State of Connecticut shall be listed as an Additional Insured on all required coverage Said
coverage is to be provided by insurance companies licensed by the State of Connecticut Any
deductibles or self-insured retentions must be declared and approved by the State
With respect to all operations performed by the Concessionaire the Concessionaire shall carry
Workerrsquos Compensation insurance in accordance with the requirements of the laws of the State of
Connecticut
2 Item and Price List The Concessionaire shall forward by April 1 of each year of this agreement
a price list of all commodities andor souvenirs for sale to the Department of Environmental Protection
Bureau of Outdoor Recreation State Parks Division 79 Elm Street Hartford CT 06106-5127 for
approval for each subsequent year of the contract Any price increases are subject to the prior written
approval of the State Parks Division The Concessionaire shall post a price list of all commodities for
sale in full public view while in operation
The Concessionaire shall be allowed to sell souvenirs provided they are approved by the Division of
State Parks and Public Outreach however if the park name is used on souvenirs or items of clothing
the complete park name shall be used such as ldquoVarious State Parkrdquo not just ldquoVarious Parkrdquo
The Concessionaire warrants that all goods offered for sale shall not exceed in price nor be substandard
in quality or quantity to like articles sold in the surrounding community
Page 8 of 10
3 Sunscreen All Concessionairersquos that operate a concession in a beach park shall have available for
sale to the general public sunscreen with a Sun Protection Factor (SPF) of at least 15 for adults and
SPF 45 for children
4 Use of Biodegradable Products The Department of Environmental Protection encourages the
Concessionaire to use biodegradable products and packaging in its operations ie paper products or
products containing recycled contents only
5 Non-Glass Containers All liquids dispensed by the Concessionaire shall be in non-glass
containers
6 Prohibitions
The Concessionaire shall not sell flotation devices of any kind beach balls snorkels
facemasks or similar articles
The Concessionaire shall not sell dispense or give away alcoholic beverages
The Concessionaire shall not permit gratuities to employees of the State of Connecticut
No video or pinball games shall be permitted
No vending machines shall be permitted
7 Hours of Operation The Concessionaire shall open the concession(s) every day no later than 10 am
except during inclement weather and the concession shall remain open until three hours before but not later
than sunset from the date the contract is executed through Labor Day weekend For all remaining years of
the contract after 2009 the concession shall be open from Memorial Day through Labor Day weekend
Exceptions to this schedule shall be established through joint agreement of the on-site Park Supervisor and
the Concessionaire When closing due to inclement weather the on-site Park Supervisor must be notified
The Concessionaire shall keep a log where the concession is located of all early closures and shall submit a
season-end report to the Park Supervisor at the close of the concession season but no later than October 15th
8 Health Department Inspections The Concessionaire is responsible for scheduling inspections by
the appropriate local health department at the beginning of concession operations and thereafter
annually prior to April 15th
of each year this agreement is in effect The Concessionaire is responsible
for and shall directly pay for any fees charged for such inspections THE CONCESSIONAIRE
WILL BE RESPONSIBLE FOR OBTAINING AN ANNUAL PERMIT FROM THE LOCAL
HEALTH DEPARTMENT FOR THE TOWN THAT THE RESPECTIVE PARK IS
LOCATED A CURRENT PERMIT WILL BE OBTAINED EACH YEAR THE CONTRACT
IS IN FORCE AND MUST BE RECEIVED BY THE DEP DIVISION OF STATE PARKS AND
PUBLIC OUTREACH 79 ELM STREET HARTFORD CT 06106-5127 PRIOR TO
OPENING THE CONCESSION OPERATION
9 Public Health Code The Concessionaire agrees to conform to the Public Health Code of the State
of Connecticut concerning the storage handling and vending of food
10 State-Owned Equipment The Concessionaire shall be responsible for the use of all State-owned
equipment and agrees to replace articles lost or damaged other than those damaged by usual wear
resulting from concession use
11 State Property The Concessionaire shall install no fixed equipment nor make any physical
changes to State property without the prior written approval of DEP Any improvements andor
permanent fixtures approved by the DEP and provided by the Concessionaire during the contract term
shall become the property of the State of Connecticut at the termination of this agreement
Page 9 of 10
12 Utilities and Suppliers For billing purposes with Concessionaires utility companies and
suppliers the Concessionaire shall always use the name referred to as the ldquoConcessionairerdquo or
ldquoContractorrdquo At no time shall the Concessionaire use the state parkrsquos name and address for billing
purposes
13 InsectVermin Control The Concessionaire is responsible for any insect andor vermin control
as determined by the local or state health departments or by the on-site Park Supervisor
14 Refuse Disposal The Concessionaire at hisher own expense shall be responsible for the
disposal and removal of all recyclables and trash generated by said concession operation
15 General Maintenance The Concessionaire shall be responsible for maintaining in a clean
sanitary and orderly manner the general area of the State Park in which the Concession is located
DEP representatives or designees may inspect the Concession area at any time
16 Exclusivity The Concessionaire shall have the exclusive right to sell food within the park in
which the Concessionaire is the Lessee with the exception of foods or goods which have prior written
approval for DEP sanctioned events where food andor goods may be sold by the event sponsor or their
authorized agents
17 Rights of Park Visitors The Concessionaire agrees that nothing contained in the terms of the
Concession Contract shall prevent visitors from bringing their own food for their use to the park and
cooking such food for themselves Park visitors may also pre-arrange for private catering services on
department properties with the approval of the on-site Park Supervisor These services may be
permitted with the condition that no financial transactions occur on-site
18 On-Site Staffing Whenever the concession is open for business the Concessionaire must have
present an employee who is a qualified on-site manager That manager must be knowledgeable in all
aspects of operating the concession business
19 Code of Conduct Due to the public service nature of the Concession the Concessionaire and all
employees of the Concessionaire shall conduct themselves in a courteous respectful and professional
manner with all members of the public
20 Appearance The Concessionaire and hisher employees shall be clean and neat in appearance
Wearing an item of uniform eg a shirt hat or badge identifying the name of the Concessionaire
employee or business is encouraged
21 Concession Location The Concessionaire agrees unless specifically authorized in writing by
DEP to do otherwise to confine all sales to the established concession building(s) and further to
confine all advertising to the interior of said concession building(s) In the case of motor vehicle or
better known ldquomobilerdquo concessions the Concessionaire will confine the advertising menu to a sign
either affixed in the most notable area of the vehicle for the public to read or with the Park
Supervisorrsquos approval a movable sign would be acceptable next to the mobile concession vehicle
22 Food Inspection An authorized representative of the DEP shall conduct an annual in-season
food inspection The Concessionaire shall provide a range of food and beverage items (which will
constitute one free meal) to the DEPrsquos representative for food-tasting purposes
23 Financial Reporting By November 15th
of each calendar year that this contract is in force the
Concessionaire shall submit a certified statement of annual gross receipts attested to by a Notary
Page 10 of 10
Public andor a Commissioner of the Superior Court to Department of Environmental Protection
Bureau of Outdoor Recreation State Parks Division 79 Elm Street Hartford CT 06106-5127
24 Revenue DEP shall not assume responsibility for revenue loss directly or indirectly attributable
to actions taken by the DEP resulting from weather or crowd conditions or acts of God Neither shall
DEP assume responsibility for revenue loss directly or indirectly attributable to attendance loss
weather conditions or other uncontrollable phenomena
25 Compliance The Concessionaire agrees to comply with the regulations of the Department of
Environmental Protection regarding State Park and Forest Recreation Areas and with any other
department policy concerning the operation of concessions
Page 2 of 10
United States or of the state of Connecticut The contractor further agrees to take affirmative action to insure
that applicants with job-related qualifications are employed and that employees are treated when employed
without regard to their race color religious creed age marital status national origin ancestry sex mental
retardation or physical disability including but not limited to blindness unless it is shown by such
contractor that such disability prevents performance of the work involved (2) the contractor agrees in all
solicitations or advertisements for employees placed by or on behalf of the contractor to state that it is an
affirmative action-equal opportunity employer in accordance with regulations adopted by the commission
(3) the contractor agrees to provide each labor union or representative of workers with which such contractor
has a collective bargaining agreement or other contract or understanding and each vendor with which such
contractor has a contract or understanding a notice to be provided by the commission advising the labor union
or workers representative of the contractors commitments under this section and to post copies of the notice
in conspicuous places available to employees and applicants for employment (4) the contractor agrees to
comply with each provision of this section and sections 46a-68e and 46a-68f and with each regulation or
relevant order issued by said commission pursuant to sections 46a-56 as amended by this act 46a-68e and
46a-68f (5) the contractor agrees to provide the Commission on Human Rights and Opportunities with such
information requested by the commission and permit access to pertinent books records and accounts
concerning the employment practices and procedures of the contractor as relate to the provisions of this
section and section 46a-56 as amended by this act If the contract is a public works contract the contractor
agrees and warrants that he will make good faith efforts to employ minority business enterprises as
subcontractors and suppliers of materials on such public works project Prior to entering into the contract the
contractor shall provide the state or such political subdivision of the state with documentation in the form of a
company or corporate policy adopted by resolution of the board of directors shareholders managers
members or other governing body of such contractor to support the nondiscrimination agreement and warranty
under subdivision (1) of this subsection For the purposes of this section contract includes any extension or
modification of the contract and contractor includes any successors or assigns of the contractor
(b) For the purposes of this section minority business enterprise means any small contractor or supplier of
materials fifty-one per cent or more of the capital stock if any or assets of which is owned by a person or
persons (1) Who are active in the daily affairs of the enterprise (2) who have the power to direct the
management and policies of the enterprise and (3) who are members of a minority as such term is defined in
subsection (a) of section 32-9n and good faith means that degree of diligence which a reasonable person
would exercise in the performance of legal duties and obligations Good faith efforts shall include but not
be limited to those reasonable initial efforts necessary to comply with statutory or regulatory requirements
and additional or substituted efforts when it is determined that such initial efforts will not be sufficient to
comply with such requirements
(c) Determination of the contractors good faith efforts shall include but shall not be limited to the following
factors The contractors employment and subcontracting policies patterns and practices affirmative
advertising recruitment and training technical assistance activities and such other reasonable activities or
efforts as the commission may prescribe that are designed to ensure the participation of minority business
enterprises in public works projects
(d) The contractor shall develop and maintain adequate documentation in a manner prescribed by the
commission of its good faith efforts
(e) The contractor shall include the provisions of subsection (a) of this section in every subcontract or
purchase order entered into in order to fulfill any obligation of a contract with the state and such provisions
shall be binding on a subcontractor vendor or manufacturer unless exempted by regulations or orders of the
commission The contractor shall take such action with respect to any such subcontract or purchase order as
the commission may direct as a means of enforcing such provisions including sanctions for noncompliance in
accordance with section 46a-56 provided if such contractor becomes involved in or is threatened with
litigation with a subcontractor or vendor as a result of such direction by the commission the contractor may
request the state of Connecticut to enter into any such litigation or negotiation prior thereto to protect the
interests of the state and the state may so enter
Page 3 of 10
The following subsections are set forth here as required by section 4a-60a of the Connecticut General Statutes
as amended by PA 07-142
(a) Every contract to which the state or any political subdivision of the state other than a municipality is a
party shall contain the following provisions (1) The contractor agrees and warrants that in the performance of
the contract such contractor will not discriminate or permit discrimination against any person or group of
persons on the grounds of sexual orientation in any manner prohibited by the laws of the United States or of
the state of Connecticut and that employees are treated when employed without regard to their sexual
orientation (2) the contractor agrees to provide each labor union or representative of workers with which such
contractor has a collective bargaining agreement or other contract or understanding and each vendor with
which such contractor has a contract or understanding a notice to be provided by the Commission on Human
Rights and Opportunities advising the labor union or workers representative of the contractors commitments
under this section and to post copies of the notice in conspicuous places available to employees and
applicants for employment (3) the contractor agrees to comply with each provision of this section and with
each regulation or relevant order issued by said commission pursuant to section 46a-56 as amended by this
act (4) the contractor agrees to provide the Commission on Human Rights and Opportunities with such
information requested by the commission and permit access to pertinent books records and accounts
concerning the employment practices and procedures of the contractor which relate to the provisions of this
section and section 46a-56 as amended by this act Prior to entering into the contract the contractor shall
provide the state or such political subdivision of the state with documentation in the form of a company or
corporate policy adopted by resolution of the board of directors shareholders managers members or other
governing body of such contractor to support the nondiscrimination agreement and warranty under
subdivision (1) of this subsection For the purposes of this section contract includes any extension or
modification of the contract and contractor includes any successors or assigns of the contractor
(b) The contractor shall include the provisions of subsection (a) of this section in every subcontract or
purchase order entered into in order to fulfill any obligation of a contract with the state and such provisions
shall be binding on a subcontractor vendor or manufacturer unless exempted by regulations or orders of the
commission The contractor shall take such action with respect to any such subcontract or purchase order as
the commission may direct as a means of enforcing such provisions including sanctions for noncompliance in
accordance with section 46a-56 provided if such contractor becomes involved in or is threatened with
litigation with a subcontractor or vendor as a result of such direction by the commission the contractor may
request the state of Connecticut to enter into any such litigation or negotiation prior thereto to protect the
interests of the state and the state may so enter
5 Executive Orders The Contract is subject to the provisions of Executive Order No Three of Governor
Thomas J Meskill promulgated June 16 1971 concerning labor employment practices Executive Order No
Seventeen of Governor Thomas J Meskill promulgated February 15 1973 concerning the listing of
employment openings and Executive Order No Sixteen of Governor John G Rowland promulgated August 4
1999 concerning violence in the workplace all of which are incorporated into and are made a part of the
Contract as if they had been fully set forth in it At the Contractorrsquos request the Client Agency shall provide a
copy of these orders to the Contractor The Contract may also be subject to Executive Order No 7C of
Governor M Jodi Rell promulgated July 13 2006 concerning contracting reforms and Executive Order No 14
of Governor M Jodi Rell promulgated April 17 2006 concerning procurement of cleaning products and
services in accordance with their respective terms and conditions
6 Clarifications In case of conflicts discrepancies errors or omissions among the various parts of this
contract any such matter shall be submitted immediately by Contractor to the State for clarification The State
shall issue clarification within a reasonable period of time Any services affected by such conflicts
discrepancies errors or omissions which are performed by Contractor prior to clarification by the State shall be
at Contractorrsquos risk
7 Indemnification (a) The Contractor shall indemnify defend and hold harmless the State and its officers
representatives agents servants employees successors and assigns from and against any and all (1) Claims
arising directly or indirectly in connection with the Contract including the acts of commission or omission
Page 4 of 10
(collectively the Acts) of the Contractor or Contractor Parties and (2) liabilities damages losses costs and
expenses including but not limited to attorneys and other professionals fees arising directly or indirectly in
connection with Claims Acts or the Contract The Contractor shall use counsel reasonably acceptable to the
State in carrying out its obligations under this section The Contractorrsquos obligations under this section to
indemnify defend and hold harmless against Claims includes Claims concerning confidentiality of any part of
or all of the Bid or any Records any intellectual property rights other proprietary rights of any person or entity
copyrighted or uncopyrighted compositions secret processes patented or unpatented inventions articles or
appliances furnished or used in the Performance of the Contract
(b) The Contractor shall reimburse the State for any and all damages to the real or personal property of the State
caused by the Acts of the Contractor or any Contractor Parties The State shall give the Contractor reasonable
notice of any such Claims
(c) The Contractorrsquos duties under this section shall remain fully in effect and binding in accordance with the
terms and conditions of the Contract without being lessened or compromised in any way even where the
Contractor is alleged or is found to have merely contributed in part to the Acts giving rise to the Claims andor
where the State is alleged or is found to have contributed to the Acts giving rise to the Claims
(d) The Contractor shall carry and maintain at all times during the term of the Contract and during the time that
any provisions survive the term of the Contract sufficient general liability insurance to satisfy its obligations
under this Contract The Contractor shall name the State as an additional insured on the policy and shall provide
a copy of the policy to the Agency prior to the effective date of the Contract The Contractor shall not begin
Performance until the delivery of the policy to the Agency
(e) The rights provided in this section for the benefit of the State shall encompass the recovery of attorneysrsquo and
other professionalsrsquo fees expended in pursuing a Claim against a third party
(f) This section shall survive the Termination Cancellation or Expiration of the Contract and shall not be
limited by reason of any insurance coverage
8 Amendments
Formal written amendment of the contract is required for changes to the final date of the contract period and to
terms and conditions specifically stated in the original contract and any prior amendments including but not
limited to
a The contractrsquos objectives services or plan
b Completion of objectives or services and
c Any other contract revisions determined material by the DEP
9 Change in Principal Project Staff Any changes in the principal project staff must be requested in writing
and approved in writing by the Commissioner or the Commissionerrsquos authorized representative at their sole
discretion In the event of any unapproved change in principal project staff the DEP may in its sole discretion
terminate or cancel this contract
10 Assignability The Contractor shall not assign any interest in this contract and shall not transfer any
interest in the same (whether by assignment or novation) without the prior written consent of the DEP thereto
provided however that claims for money due or to become due the Contractor from the DEP under this contract
may be assigned to a bank trust company or other financial institution without such approval Notice of any
assignment or transfer shall be furnished promptly to the DEP
11 Definition of ldquoExecutionrdquo This contract shall be fully executed when it has been signed by authorized
representatives of the parties and if it is for an amount exceeding three thousand dollars ($300000) by the
authorized representative of the state Attorney Generalrsquos Office
12 Sovereign Immunity The parties acknowledge and agree that nothing in the Solicitation or the Contract
shall be construed as a modification compromise or waiver by the State of any rights or defenses of any
immunities provided by Federal Law or the laws of the State of Connecticut to the State or any of its officers
Page 5 of 10
employees which may have had now have or will have with respect to all matters arising out of the Contract
To the extent that this section conflicts with any other section this section shall govern
13 CancellationTermination The DEP may cancel this contract for cause on five (5) daysrsquo notice A request
for termination of this contract by the Concessionaire or Contractor for a just cause will require approval by the
DEP Any cancellation or request for cancellation of this contract shall be submitted in writing and sent by
certified mail to
DEP
Bureau of Outdoor Recreation
Division of State Parks and Public Outreach
79 Elm Street
Hartford CT 06106-5127
Concessionaire
Mr John Doe
123 ABC Drive
Hartford CT 06000
Notwithstanding any provisions in this contract DEP through a duly authorized employee may terminate the
contract whenever the agency makes a written determination that such termination is in the best interests of the
State
If the DEP cancels this contract for causes listed below or if the Concessionaire terminates this contract prior to
the end of its full term without the consent of the State Parks Division the Concessionaire shall forfeit hisher
rights to bid on future concessions under the control of the State Parks Division and any prior payments received
by the State of Connecticut
a Failure by the Concessionaire to make annual payment during any time the contract is in force
shall be considered cause for cancellation by the DEP
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 6 of 10
it may now have or will have to the laying of venue of any Claims in any forum and further irrevocably submits
to such jurisdiction in any suit action or proceeding
15 Severability If any term or provision of the Contract or its application to any person entity or
circumstance shall to any extent be held to be invalid or unenforceable the remainder of the Contract or the
application of such term or provision shall not be affected as to persons entities or circumstances other than
those as to whom or to which it is held to be invalid or unenforceable Each remaining term and provision of the
Contract shall be valid and enforced to the fullest extent possible by law
16 Nondisclosure The Contactor shall not release any information concerning the services provided pursuant
to the Agreement or any part thereof to any member of the public press business entity or any official body
unless prior written consent is obtained from the State
The parties have hereunto set their hands
SIGNED AND DELIVERED below
STATE OF CONNECTICUT
By ____________________________(LS)
Thomas M Morrissey
Chief Bureau of Outdoor Recreation
Department of Environmental Protection
Date __________________
By____________________________ (LS)
John Doe
Concessionaire
Date _________________
APPROVED AS TO FORM
By ____________________________________ on ________________________
Assistant Attorney General
Page 7 of 10
(VARIOUS STATE PARKS CONCESSION CONTRACT)
ldquoATTACHMENT Ardquo
THE CONCESSIONAIRE AGREES TO THE FOLLOWING CONDITIONS
1 Insurance The Concessionaire shall furnish evidence of insurance A Certificate of Insurance
covering the whole period of the Concession contract shall reflect the following limits and shall be
submitted by the awarded Concessionaire to the Department of Environmental Protection
Commercial General Liability insurance providing a total limit of $1000000 for all damages
arising out of bodily injury to or death of all persons in any accident or occurrence and for all damages
arising out of injury to or destruction of property in any one accident or occurrence In cases where
any insurance policy shows an aggregate limit the aggregate limit shall not be less than $2000000
The operation of all motor vehicles including those hired or borrowed used in connection with
this contract shall be covered by Automobile Liability insurance providing for a total limit of
$1000000 for all damages arising out of bodily injuries or death of all persons in any one accident or
occurrence for all damages arising out of injury or destruction of property in any one accident or
occurrence In cases where an insurance policy shows an aggregate limit the limit shall not be less
than $2000000
The State of Connecticut shall be listed as an Additional Insured on all required coverage Said
coverage is to be provided by insurance companies licensed by the State of Connecticut Any
deductibles or self-insured retentions must be declared and approved by the State
With respect to all operations performed by the Concessionaire the Concessionaire shall carry
Workerrsquos Compensation insurance in accordance with the requirements of the laws of the State of
Connecticut
2 Item and Price List The Concessionaire shall forward by April 1 of each year of this agreement
a price list of all commodities andor souvenirs for sale to the Department of Environmental Protection
Bureau of Outdoor Recreation State Parks Division 79 Elm Street Hartford CT 06106-5127 for
approval for each subsequent year of the contract Any price increases are subject to the prior written
approval of the State Parks Division The Concessionaire shall post a price list of all commodities for
sale in full public view while in operation
The Concessionaire shall be allowed to sell souvenirs provided they are approved by the Division of
State Parks and Public Outreach however if the park name is used on souvenirs or items of clothing
the complete park name shall be used such as ldquoVarious State Parkrdquo not just ldquoVarious Parkrdquo
The Concessionaire warrants that all goods offered for sale shall not exceed in price nor be substandard
in quality or quantity to like articles sold in the surrounding community
Page 8 of 10
3 Sunscreen All Concessionairersquos that operate a concession in a beach park shall have available for
sale to the general public sunscreen with a Sun Protection Factor (SPF) of at least 15 for adults and
SPF 45 for children
4 Use of Biodegradable Products The Department of Environmental Protection encourages the
Concessionaire to use biodegradable products and packaging in its operations ie paper products or
products containing recycled contents only
5 Non-Glass Containers All liquids dispensed by the Concessionaire shall be in non-glass
containers
6 Prohibitions
The Concessionaire shall not sell flotation devices of any kind beach balls snorkels
facemasks or similar articles
The Concessionaire shall not sell dispense or give away alcoholic beverages
The Concessionaire shall not permit gratuities to employees of the State of Connecticut
No video or pinball games shall be permitted
No vending machines shall be permitted
7 Hours of Operation The Concessionaire shall open the concession(s) every day no later than 10 am
except during inclement weather and the concession shall remain open until three hours before but not later
than sunset from the date the contract is executed through Labor Day weekend For all remaining years of
the contract after 2009 the concession shall be open from Memorial Day through Labor Day weekend
Exceptions to this schedule shall be established through joint agreement of the on-site Park Supervisor and
the Concessionaire When closing due to inclement weather the on-site Park Supervisor must be notified
The Concessionaire shall keep a log where the concession is located of all early closures and shall submit a
season-end report to the Park Supervisor at the close of the concession season but no later than October 15th
8 Health Department Inspections The Concessionaire is responsible for scheduling inspections by
the appropriate local health department at the beginning of concession operations and thereafter
annually prior to April 15th
of each year this agreement is in effect The Concessionaire is responsible
for and shall directly pay for any fees charged for such inspections THE CONCESSIONAIRE
WILL BE RESPONSIBLE FOR OBTAINING AN ANNUAL PERMIT FROM THE LOCAL
HEALTH DEPARTMENT FOR THE TOWN THAT THE RESPECTIVE PARK IS
LOCATED A CURRENT PERMIT WILL BE OBTAINED EACH YEAR THE CONTRACT
IS IN FORCE AND MUST BE RECEIVED BY THE DEP DIVISION OF STATE PARKS AND
PUBLIC OUTREACH 79 ELM STREET HARTFORD CT 06106-5127 PRIOR TO
OPENING THE CONCESSION OPERATION
9 Public Health Code The Concessionaire agrees to conform to the Public Health Code of the State
of Connecticut concerning the storage handling and vending of food
10 State-Owned Equipment The Concessionaire shall be responsible for the use of all State-owned
equipment and agrees to replace articles lost or damaged other than those damaged by usual wear
resulting from concession use
11 State Property The Concessionaire shall install no fixed equipment nor make any physical
changes to State property without the prior written approval of DEP Any improvements andor
permanent fixtures approved by the DEP and provided by the Concessionaire during the contract term
shall become the property of the State of Connecticut at the termination of this agreement
Page 9 of 10
12 Utilities and Suppliers For billing purposes with Concessionaires utility companies and
suppliers the Concessionaire shall always use the name referred to as the ldquoConcessionairerdquo or
ldquoContractorrdquo At no time shall the Concessionaire use the state parkrsquos name and address for billing
purposes
13 InsectVermin Control The Concessionaire is responsible for any insect andor vermin control
as determined by the local or state health departments or by the on-site Park Supervisor
14 Refuse Disposal The Concessionaire at hisher own expense shall be responsible for the
disposal and removal of all recyclables and trash generated by said concession operation
15 General Maintenance The Concessionaire shall be responsible for maintaining in a clean
sanitary and orderly manner the general area of the State Park in which the Concession is located
DEP representatives or designees may inspect the Concession area at any time
16 Exclusivity The Concessionaire shall have the exclusive right to sell food within the park in
which the Concessionaire is the Lessee with the exception of foods or goods which have prior written
approval for DEP sanctioned events where food andor goods may be sold by the event sponsor or their
authorized agents
17 Rights of Park Visitors The Concessionaire agrees that nothing contained in the terms of the
Concession Contract shall prevent visitors from bringing their own food for their use to the park and
cooking such food for themselves Park visitors may also pre-arrange for private catering services on
department properties with the approval of the on-site Park Supervisor These services may be
permitted with the condition that no financial transactions occur on-site
18 On-Site Staffing Whenever the concession is open for business the Concessionaire must have
present an employee who is a qualified on-site manager That manager must be knowledgeable in all
aspects of operating the concession business
19 Code of Conduct Due to the public service nature of the Concession the Concessionaire and all
employees of the Concessionaire shall conduct themselves in a courteous respectful and professional
manner with all members of the public
20 Appearance The Concessionaire and hisher employees shall be clean and neat in appearance
Wearing an item of uniform eg a shirt hat or badge identifying the name of the Concessionaire
employee or business is encouraged
21 Concession Location The Concessionaire agrees unless specifically authorized in writing by
DEP to do otherwise to confine all sales to the established concession building(s) and further to
confine all advertising to the interior of said concession building(s) In the case of motor vehicle or
better known ldquomobilerdquo concessions the Concessionaire will confine the advertising menu to a sign
either affixed in the most notable area of the vehicle for the public to read or with the Park
Supervisorrsquos approval a movable sign would be acceptable next to the mobile concession vehicle
22 Food Inspection An authorized representative of the DEP shall conduct an annual in-season
food inspection The Concessionaire shall provide a range of food and beverage items (which will
constitute one free meal) to the DEPrsquos representative for food-tasting purposes
23 Financial Reporting By November 15th
of each calendar year that this contract is in force the
Concessionaire shall submit a certified statement of annual gross receipts attested to by a Notary
Page 10 of 10
Public andor a Commissioner of the Superior Court to Department of Environmental Protection
Bureau of Outdoor Recreation State Parks Division 79 Elm Street Hartford CT 06106-5127
24 Revenue DEP shall not assume responsibility for revenue loss directly or indirectly attributable
to actions taken by the DEP resulting from weather or crowd conditions or acts of God Neither shall
DEP assume responsibility for revenue loss directly or indirectly attributable to attendance loss
weather conditions or other uncontrollable phenomena
25 Compliance The Concessionaire agrees to comply with the regulations of the Department of
Environmental Protection regarding State Park and Forest Recreation Areas and with any other
department policy concerning the operation of concessions
Page 3 of 10
The following subsections are set forth here as required by section 4a-60a of the Connecticut General Statutes
as amended by PA 07-142
(a) Every contract to which the state or any political subdivision of the state other than a municipality is a
party shall contain the following provisions (1) The contractor agrees and warrants that in the performance of
the contract such contractor will not discriminate or permit discrimination against any person or group of
persons on the grounds of sexual orientation in any manner prohibited by the laws of the United States or of
the state of Connecticut and that employees are treated when employed without regard to their sexual
orientation (2) the contractor agrees to provide each labor union or representative of workers with which such
contractor has a collective bargaining agreement or other contract or understanding and each vendor with
which such contractor has a contract or understanding a notice to be provided by the Commission on Human
Rights and Opportunities advising the labor union or workers representative of the contractors commitments
under this section and to post copies of the notice in conspicuous places available to employees and
applicants for employment (3) the contractor agrees to comply with each provision of this section and with
each regulation or relevant order issued by said commission pursuant to section 46a-56 as amended by this
act (4) the contractor agrees to provide the Commission on Human Rights and Opportunities with such
information requested by the commission and permit access to pertinent books records and accounts
concerning the employment practices and procedures of the contractor which relate to the provisions of this
section and section 46a-56 as amended by this act Prior to entering into the contract the contractor shall
provide the state or such political subdivision of the state with documentation in the form of a company or
corporate policy adopted by resolution of the board of directors shareholders managers members or other
governing body of such contractor to support the nondiscrimination agreement and warranty under
subdivision (1) of this subsection For the purposes of this section contract includes any extension or
modification of the contract and contractor includes any successors or assigns of the contractor
(b) The contractor shall include the provisions of subsection (a) of this section in every subcontract or
purchase order entered into in order to fulfill any obligation of a contract with the state and such provisions
shall be binding on a subcontractor vendor or manufacturer unless exempted by regulations or orders of the
commission The contractor shall take such action with respect to any such subcontract or purchase order as
the commission may direct as a means of enforcing such provisions including sanctions for noncompliance in
accordance with section 46a-56 provided if such contractor becomes involved in or is threatened with
litigation with a subcontractor or vendor as a result of such direction by the commission the contractor may
request the state of Connecticut to enter into any such litigation or negotiation prior thereto to protect the
interests of the state and the state may so enter
5 Executive Orders The Contract is subject to the provisions of Executive Order No Three of Governor
Thomas J Meskill promulgated June 16 1971 concerning labor employment practices Executive Order No
Seventeen of Governor Thomas J Meskill promulgated February 15 1973 concerning the listing of
employment openings and Executive Order No Sixteen of Governor John G Rowland promulgated August 4
1999 concerning violence in the workplace all of which are incorporated into and are made a part of the
Contract as if they had been fully set forth in it At the Contractorrsquos request the Client Agency shall provide a
copy of these orders to the Contractor The Contract may also be subject to Executive Order No 7C of
Governor M Jodi Rell promulgated July 13 2006 concerning contracting reforms and Executive Order No 14
of Governor M Jodi Rell promulgated April 17 2006 concerning procurement of cleaning products and
services in accordance with their respective terms and conditions
6 Clarifications In case of conflicts discrepancies errors or omissions among the various parts of this
contract any such matter shall be submitted immediately by Contractor to the State for clarification The State
shall issue clarification within a reasonable period of time Any services affected by such conflicts
discrepancies errors or omissions which are performed by Contractor prior to clarification by the State shall be
at Contractorrsquos risk
7 Indemnification (a) The Contractor shall indemnify defend and hold harmless the State and its officers
representatives agents servants employees successors and assigns from and against any and all (1) Claims
arising directly or indirectly in connection with the Contract including the acts of commission or omission
Page 4 of 10
(collectively the Acts) of the Contractor or Contractor Parties and (2) liabilities damages losses costs and
expenses including but not limited to attorneys and other professionals fees arising directly or indirectly in
connection with Claims Acts or the Contract The Contractor shall use counsel reasonably acceptable to the
State in carrying out its obligations under this section The Contractorrsquos obligations under this section to
indemnify defend and hold harmless against Claims includes Claims concerning confidentiality of any part of
or all of the Bid or any Records any intellectual property rights other proprietary rights of any person or entity
copyrighted or uncopyrighted compositions secret processes patented or unpatented inventions articles or
appliances furnished or used in the Performance of the Contract
(b) The Contractor shall reimburse the State for any and all damages to the real or personal property of the State
caused by the Acts of the Contractor or any Contractor Parties The State shall give the Contractor reasonable
notice of any such Claims
(c) The Contractorrsquos duties under this section shall remain fully in effect and binding in accordance with the
terms and conditions of the Contract without being lessened or compromised in any way even where the
Contractor is alleged or is found to have merely contributed in part to the Acts giving rise to the Claims andor
where the State is alleged or is found to have contributed to the Acts giving rise to the Claims
(d) The Contractor shall carry and maintain at all times during the term of the Contract and during the time that
any provisions survive the term of the Contract sufficient general liability insurance to satisfy its obligations
under this Contract The Contractor shall name the State as an additional insured on the policy and shall provide
a copy of the policy to the Agency prior to the effective date of the Contract The Contractor shall not begin
Performance until the delivery of the policy to the Agency
(e) The rights provided in this section for the benefit of the State shall encompass the recovery of attorneysrsquo and
other professionalsrsquo fees expended in pursuing a Claim against a third party
(f) This section shall survive the Termination Cancellation or Expiration of the Contract and shall not be
limited by reason of any insurance coverage
8 Amendments
Formal written amendment of the contract is required for changes to the final date of the contract period and to
terms and conditions specifically stated in the original contract and any prior amendments including but not
limited to
a The contractrsquos objectives services or plan
b Completion of objectives or services and
c Any other contract revisions determined material by the DEP
9 Change in Principal Project Staff Any changes in the principal project staff must be requested in writing
and approved in writing by the Commissioner or the Commissionerrsquos authorized representative at their sole
discretion In the event of any unapproved change in principal project staff the DEP may in its sole discretion
terminate or cancel this contract
10 Assignability The Contractor shall not assign any interest in this contract and shall not transfer any
interest in the same (whether by assignment or novation) without the prior written consent of the DEP thereto
provided however that claims for money due or to become due the Contractor from the DEP under this contract
may be assigned to a bank trust company or other financial institution without such approval Notice of any
assignment or transfer shall be furnished promptly to the DEP
11 Definition of ldquoExecutionrdquo This contract shall be fully executed when it has been signed by authorized
representatives of the parties and if it is for an amount exceeding three thousand dollars ($300000) by the
authorized representative of the state Attorney Generalrsquos Office
12 Sovereign Immunity The parties acknowledge and agree that nothing in the Solicitation or the Contract
shall be construed as a modification compromise or waiver by the State of any rights or defenses of any
immunities provided by Federal Law or the laws of the State of Connecticut to the State or any of its officers
Page 5 of 10
employees which may have had now have or will have with respect to all matters arising out of the Contract
To the extent that this section conflicts with any other section this section shall govern
13 CancellationTermination The DEP may cancel this contract for cause on five (5) daysrsquo notice A request
for termination of this contract by the Concessionaire or Contractor for a just cause will require approval by the
DEP Any cancellation or request for cancellation of this contract shall be submitted in writing and sent by
certified mail to
DEP
Bureau of Outdoor Recreation
Division of State Parks and Public Outreach
79 Elm Street
Hartford CT 06106-5127
Concessionaire
Mr John Doe
123 ABC Drive
Hartford CT 06000
Notwithstanding any provisions in this contract DEP through a duly authorized employee may terminate the
contract whenever the agency makes a written determination that such termination is in the best interests of the
State
If the DEP cancels this contract for causes listed below or if the Concessionaire terminates this contract prior to
the end of its full term without the consent of the State Parks Division the Concessionaire shall forfeit hisher
rights to bid on future concessions under the control of the State Parks Division and any prior payments received
by the State of Connecticut
a Failure by the Concessionaire to make annual payment during any time the contract is in force
shall be considered cause for cancellation by the DEP
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 6 of 10
it may now have or will have to the laying of venue of any Claims in any forum and further irrevocably submits
to such jurisdiction in any suit action or proceeding
15 Severability If any term or provision of the Contract or its application to any person entity or
circumstance shall to any extent be held to be invalid or unenforceable the remainder of the Contract or the
application of such term or provision shall not be affected as to persons entities or circumstances other than
those as to whom or to which it is held to be invalid or unenforceable Each remaining term and provision of the
Contract shall be valid and enforced to the fullest extent possible by law
16 Nondisclosure The Contactor shall not release any information concerning the services provided pursuant
to the Agreement or any part thereof to any member of the public press business entity or any official body
unless prior written consent is obtained from the State
The parties have hereunto set their hands
SIGNED AND DELIVERED below
STATE OF CONNECTICUT
By ____________________________(LS)
Thomas M Morrissey
Chief Bureau of Outdoor Recreation
Department of Environmental Protection
Date __________________
By____________________________ (LS)
John Doe
Concessionaire
Date _________________
APPROVED AS TO FORM
By ____________________________________ on ________________________
Assistant Attorney General
Page 7 of 10
(VARIOUS STATE PARKS CONCESSION CONTRACT)
ldquoATTACHMENT Ardquo
THE CONCESSIONAIRE AGREES TO THE FOLLOWING CONDITIONS
1 Insurance The Concessionaire shall furnish evidence of insurance A Certificate of Insurance
covering the whole period of the Concession contract shall reflect the following limits and shall be
submitted by the awarded Concessionaire to the Department of Environmental Protection
Commercial General Liability insurance providing a total limit of $1000000 for all damages
arising out of bodily injury to or death of all persons in any accident or occurrence and for all damages
arising out of injury to or destruction of property in any one accident or occurrence In cases where
any insurance policy shows an aggregate limit the aggregate limit shall not be less than $2000000
The operation of all motor vehicles including those hired or borrowed used in connection with
this contract shall be covered by Automobile Liability insurance providing for a total limit of
$1000000 for all damages arising out of bodily injuries or death of all persons in any one accident or
occurrence for all damages arising out of injury or destruction of property in any one accident or
occurrence In cases where an insurance policy shows an aggregate limit the limit shall not be less
than $2000000
The State of Connecticut shall be listed as an Additional Insured on all required coverage Said
coverage is to be provided by insurance companies licensed by the State of Connecticut Any
deductibles or self-insured retentions must be declared and approved by the State
With respect to all operations performed by the Concessionaire the Concessionaire shall carry
Workerrsquos Compensation insurance in accordance with the requirements of the laws of the State of
Connecticut
2 Item and Price List The Concessionaire shall forward by April 1 of each year of this agreement
a price list of all commodities andor souvenirs for sale to the Department of Environmental Protection
Bureau of Outdoor Recreation State Parks Division 79 Elm Street Hartford CT 06106-5127 for
approval for each subsequent year of the contract Any price increases are subject to the prior written
approval of the State Parks Division The Concessionaire shall post a price list of all commodities for
sale in full public view while in operation
The Concessionaire shall be allowed to sell souvenirs provided they are approved by the Division of
State Parks and Public Outreach however if the park name is used on souvenirs or items of clothing
the complete park name shall be used such as ldquoVarious State Parkrdquo not just ldquoVarious Parkrdquo
The Concessionaire warrants that all goods offered for sale shall not exceed in price nor be substandard
in quality or quantity to like articles sold in the surrounding community
Page 8 of 10
3 Sunscreen All Concessionairersquos that operate a concession in a beach park shall have available for
sale to the general public sunscreen with a Sun Protection Factor (SPF) of at least 15 for adults and
SPF 45 for children
4 Use of Biodegradable Products The Department of Environmental Protection encourages the
Concessionaire to use biodegradable products and packaging in its operations ie paper products or
products containing recycled contents only
5 Non-Glass Containers All liquids dispensed by the Concessionaire shall be in non-glass
containers
6 Prohibitions
The Concessionaire shall not sell flotation devices of any kind beach balls snorkels
facemasks or similar articles
The Concessionaire shall not sell dispense or give away alcoholic beverages
The Concessionaire shall not permit gratuities to employees of the State of Connecticut
No video or pinball games shall be permitted
No vending machines shall be permitted
7 Hours of Operation The Concessionaire shall open the concession(s) every day no later than 10 am
except during inclement weather and the concession shall remain open until three hours before but not later
than sunset from the date the contract is executed through Labor Day weekend For all remaining years of
the contract after 2009 the concession shall be open from Memorial Day through Labor Day weekend
Exceptions to this schedule shall be established through joint agreement of the on-site Park Supervisor and
the Concessionaire When closing due to inclement weather the on-site Park Supervisor must be notified
The Concessionaire shall keep a log where the concession is located of all early closures and shall submit a
season-end report to the Park Supervisor at the close of the concession season but no later than October 15th
8 Health Department Inspections The Concessionaire is responsible for scheduling inspections by
the appropriate local health department at the beginning of concession operations and thereafter
annually prior to April 15th
of each year this agreement is in effect The Concessionaire is responsible
for and shall directly pay for any fees charged for such inspections THE CONCESSIONAIRE
WILL BE RESPONSIBLE FOR OBTAINING AN ANNUAL PERMIT FROM THE LOCAL
HEALTH DEPARTMENT FOR THE TOWN THAT THE RESPECTIVE PARK IS
LOCATED A CURRENT PERMIT WILL BE OBTAINED EACH YEAR THE CONTRACT
IS IN FORCE AND MUST BE RECEIVED BY THE DEP DIVISION OF STATE PARKS AND
PUBLIC OUTREACH 79 ELM STREET HARTFORD CT 06106-5127 PRIOR TO
OPENING THE CONCESSION OPERATION
9 Public Health Code The Concessionaire agrees to conform to the Public Health Code of the State
of Connecticut concerning the storage handling and vending of food
10 State-Owned Equipment The Concessionaire shall be responsible for the use of all State-owned
equipment and agrees to replace articles lost or damaged other than those damaged by usual wear
resulting from concession use
11 State Property The Concessionaire shall install no fixed equipment nor make any physical
changes to State property without the prior written approval of DEP Any improvements andor
permanent fixtures approved by the DEP and provided by the Concessionaire during the contract term
shall become the property of the State of Connecticut at the termination of this agreement
Page 9 of 10
12 Utilities and Suppliers For billing purposes with Concessionaires utility companies and
suppliers the Concessionaire shall always use the name referred to as the ldquoConcessionairerdquo or
ldquoContractorrdquo At no time shall the Concessionaire use the state parkrsquos name and address for billing
purposes
13 InsectVermin Control The Concessionaire is responsible for any insect andor vermin control
as determined by the local or state health departments or by the on-site Park Supervisor
14 Refuse Disposal The Concessionaire at hisher own expense shall be responsible for the
disposal and removal of all recyclables and trash generated by said concession operation
15 General Maintenance The Concessionaire shall be responsible for maintaining in a clean
sanitary and orderly manner the general area of the State Park in which the Concession is located
DEP representatives or designees may inspect the Concession area at any time
16 Exclusivity The Concessionaire shall have the exclusive right to sell food within the park in
which the Concessionaire is the Lessee with the exception of foods or goods which have prior written
approval for DEP sanctioned events where food andor goods may be sold by the event sponsor or their
authorized agents
17 Rights of Park Visitors The Concessionaire agrees that nothing contained in the terms of the
Concession Contract shall prevent visitors from bringing their own food for their use to the park and
cooking such food for themselves Park visitors may also pre-arrange for private catering services on
department properties with the approval of the on-site Park Supervisor These services may be
permitted with the condition that no financial transactions occur on-site
18 On-Site Staffing Whenever the concession is open for business the Concessionaire must have
present an employee who is a qualified on-site manager That manager must be knowledgeable in all
aspects of operating the concession business
19 Code of Conduct Due to the public service nature of the Concession the Concessionaire and all
employees of the Concessionaire shall conduct themselves in a courteous respectful and professional
manner with all members of the public
20 Appearance The Concessionaire and hisher employees shall be clean and neat in appearance
Wearing an item of uniform eg a shirt hat or badge identifying the name of the Concessionaire
employee or business is encouraged
21 Concession Location The Concessionaire agrees unless specifically authorized in writing by
DEP to do otherwise to confine all sales to the established concession building(s) and further to
confine all advertising to the interior of said concession building(s) In the case of motor vehicle or
better known ldquomobilerdquo concessions the Concessionaire will confine the advertising menu to a sign
either affixed in the most notable area of the vehicle for the public to read or with the Park
Supervisorrsquos approval a movable sign would be acceptable next to the mobile concession vehicle
22 Food Inspection An authorized representative of the DEP shall conduct an annual in-season
food inspection The Concessionaire shall provide a range of food and beverage items (which will
constitute one free meal) to the DEPrsquos representative for food-tasting purposes
23 Financial Reporting By November 15th
of each calendar year that this contract is in force the
Concessionaire shall submit a certified statement of annual gross receipts attested to by a Notary
Page 10 of 10
Public andor a Commissioner of the Superior Court to Department of Environmental Protection
Bureau of Outdoor Recreation State Parks Division 79 Elm Street Hartford CT 06106-5127
24 Revenue DEP shall not assume responsibility for revenue loss directly or indirectly attributable
to actions taken by the DEP resulting from weather or crowd conditions or acts of God Neither shall
DEP assume responsibility for revenue loss directly or indirectly attributable to attendance loss
weather conditions or other uncontrollable phenomena
25 Compliance The Concessionaire agrees to comply with the regulations of the Department of
Environmental Protection regarding State Park and Forest Recreation Areas and with any other
department policy concerning the operation of concessions
Page 4 of 10
(collectively the Acts) of the Contractor or Contractor Parties and (2) liabilities damages losses costs and
expenses including but not limited to attorneys and other professionals fees arising directly or indirectly in
connection with Claims Acts or the Contract The Contractor shall use counsel reasonably acceptable to the
State in carrying out its obligations under this section The Contractorrsquos obligations under this section to
indemnify defend and hold harmless against Claims includes Claims concerning confidentiality of any part of
or all of the Bid or any Records any intellectual property rights other proprietary rights of any person or entity
copyrighted or uncopyrighted compositions secret processes patented or unpatented inventions articles or
appliances furnished or used in the Performance of the Contract
(b) The Contractor shall reimburse the State for any and all damages to the real or personal property of the State
caused by the Acts of the Contractor or any Contractor Parties The State shall give the Contractor reasonable
notice of any such Claims
(c) The Contractorrsquos duties under this section shall remain fully in effect and binding in accordance with the
terms and conditions of the Contract without being lessened or compromised in any way even where the
Contractor is alleged or is found to have merely contributed in part to the Acts giving rise to the Claims andor
where the State is alleged or is found to have contributed to the Acts giving rise to the Claims
(d) The Contractor shall carry and maintain at all times during the term of the Contract and during the time that
any provisions survive the term of the Contract sufficient general liability insurance to satisfy its obligations
under this Contract The Contractor shall name the State as an additional insured on the policy and shall provide
a copy of the policy to the Agency prior to the effective date of the Contract The Contractor shall not begin
Performance until the delivery of the policy to the Agency
(e) The rights provided in this section for the benefit of the State shall encompass the recovery of attorneysrsquo and
other professionalsrsquo fees expended in pursuing a Claim against a third party
(f) This section shall survive the Termination Cancellation or Expiration of the Contract and shall not be
limited by reason of any insurance coverage
8 Amendments
Formal written amendment of the contract is required for changes to the final date of the contract period and to
terms and conditions specifically stated in the original contract and any prior amendments including but not
limited to
a The contractrsquos objectives services or plan
b Completion of objectives or services and
c Any other contract revisions determined material by the DEP
9 Change in Principal Project Staff Any changes in the principal project staff must be requested in writing
and approved in writing by the Commissioner or the Commissionerrsquos authorized representative at their sole
discretion In the event of any unapproved change in principal project staff the DEP may in its sole discretion
terminate or cancel this contract
10 Assignability The Contractor shall not assign any interest in this contract and shall not transfer any
interest in the same (whether by assignment or novation) without the prior written consent of the DEP thereto
provided however that claims for money due or to become due the Contractor from the DEP under this contract
may be assigned to a bank trust company or other financial institution without such approval Notice of any
assignment or transfer shall be furnished promptly to the DEP
11 Definition of ldquoExecutionrdquo This contract shall be fully executed when it has been signed by authorized
representatives of the parties and if it is for an amount exceeding three thousand dollars ($300000) by the
authorized representative of the state Attorney Generalrsquos Office
12 Sovereign Immunity The parties acknowledge and agree that nothing in the Solicitation or the Contract
shall be construed as a modification compromise or waiver by the State of any rights or defenses of any
immunities provided by Federal Law or the laws of the State of Connecticut to the State or any of its officers
Page 5 of 10
employees which may have had now have or will have with respect to all matters arising out of the Contract
To the extent that this section conflicts with any other section this section shall govern
13 CancellationTermination The DEP may cancel this contract for cause on five (5) daysrsquo notice A request
for termination of this contract by the Concessionaire or Contractor for a just cause will require approval by the
DEP Any cancellation or request for cancellation of this contract shall be submitted in writing and sent by
certified mail to
DEP
Bureau of Outdoor Recreation
Division of State Parks and Public Outreach
79 Elm Street
Hartford CT 06106-5127
Concessionaire
Mr John Doe
123 ABC Drive
Hartford CT 06000
Notwithstanding any provisions in this contract DEP through a duly authorized employee may terminate the
contract whenever the agency makes a written determination that such termination is in the best interests of the
State
If the DEP cancels this contract for causes listed below or if the Concessionaire terminates this contract prior to
the end of its full term without the consent of the State Parks Division the Concessionaire shall forfeit hisher
rights to bid on future concessions under the control of the State Parks Division and any prior payments received
by the State of Connecticut
a Failure by the Concessionaire to make annual payment during any time the contract is in force
shall be considered cause for cancellation by the DEP
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 6 of 10
it may now have or will have to the laying of venue of any Claims in any forum and further irrevocably submits
to such jurisdiction in any suit action or proceeding
15 Severability If any term or provision of the Contract or its application to any person entity or
circumstance shall to any extent be held to be invalid or unenforceable the remainder of the Contract or the
application of such term or provision shall not be affected as to persons entities or circumstances other than
those as to whom or to which it is held to be invalid or unenforceable Each remaining term and provision of the
Contract shall be valid and enforced to the fullest extent possible by law
16 Nondisclosure The Contactor shall not release any information concerning the services provided pursuant
to the Agreement or any part thereof to any member of the public press business entity or any official body
unless prior written consent is obtained from the State
The parties have hereunto set their hands
SIGNED AND DELIVERED below
STATE OF CONNECTICUT
By ____________________________(LS)
Thomas M Morrissey
Chief Bureau of Outdoor Recreation
Department of Environmental Protection
Date __________________
By____________________________ (LS)
John Doe
Concessionaire
Date _________________
APPROVED AS TO FORM
By ____________________________________ on ________________________
Assistant Attorney General
Page 7 of 10
(VARIOUS STATE PARKS CONCESSION CONTRACT)
ldquoATTACHMENT Ardquo
THE CONCESSIONAIRE AGREES TO THE FOLLOWING CONDITIONS
1 Insurance The Concessionaire shall furnish evidence of insurance A Certificate of Insurance
covering the whole period of the Concession contract shall reflect the following limits and shall be
submitted by the awarded Concessionaire to the Department of Environmental Protection
Commercial General Liability insurance providing a total limit of $1000000 for all damages
arising out of bodily injury to or death of all persons in any accident or occurrence and for all damages
arising out of injury to or destruction of property in any one accident or occurrence In cases where
any insurance policy shows an aggregate limit the aggregate limit shall not be less than $2000000
The operation of all motor vehicles including those hired or borrowed used in connection with
this contract shall be covered by Automobile Liability insurance providing for a total limit of
$1000000 for all damages arising out of bodily injuries or death of all persons in any one accident or
occurrence for all damages arising out of injury or destruction of property in any one accident or
occurrence In cases where an insurance policy shows an aggregate limit the limit shall not be less
than $2000000
The State of Connecticut shall be listed as an Additional Insured on all required coverage Said
coverage is to be provided by insurance companies licensed by the State of Connecticut Any
deductibles or self-insured retentions must be declared and approved by the State
With respect to all operations performed by the Concessionaire the Concessionaire shall carry
Workerrsquos Compensation insurance in accordance with the requirements of the laws of the State of
Connecticut
2 Item and Price List The Concessionaire shall forward by April 1 of each year of this agreement
a price list of all commodities andor souvenirs for sale to the Department of Environmental Protection
Bureau of Outdoor Recreation State Parks Division 79 Elm Street Hartford CT 06106-5127 for
approval for each subsequent year of the contract Any price increases are subject to the prior written
approval of the State Parks Division The Concessionaire shall post a price list of all commodities for
sale in full public view while in operation
The Concessionaire shall be allowed to sell souvenirs provided they are approved by the Division of
State Parks and Public Outreach however if the park name is used on souvenirs or items of clothing
the complete park name shall be used such as ldquoVarious State Parkrdquo not just ldquoVarious Parkrdquo
The Concessionaire warrants that all goods offered for sale shall not exceed in price nor be substandard
in quality or quantity to like articles sold in the surrounding community
Page 8 of 10
3 Sunscreen All Concessionairersquos that operate a concession in a beach park shall have available for
sale to the general public sunscreen with a Sun Protection Factor (SPF) of at least 15 for adults and
SPF 45 for children
4 Use of Biodegradable Products The Department of Environmental Protection encourages the
Concessionaire to use biodegradable products and packaging in its operations ie paper products or
products containing recycled contents only
5 Non-Glass Containers All liquids dispensed by the Concessionaire shall be in non-glass
containers
6 Prohibitions
The Concessionaire shall not sell flotation devices of any kind beach balls snorkels
facemasks or similar articles
The Concessionaire shall not sell dispense or give away alcoholic beverages
The Concessionaire shall not permit gratuities to employees of the State of Connecticut
No video or pinball games shall be permitted
No vending machines shall be permitted
7 Hours of Operation The Concessionaire shall open the concession(s) every day no later than 10 am
except during inclement weather and the concession shall remain open until three hours before but not later
than sunset from the date the contract is executed through Labor Day weekend For all remaining years of
the contract after 2009 the concession shall be open from Memorial Day through Labor Day weekend
Exceptions to this schedule shall be established through joint agreement of the on-site Park Supervisor and
the Concessionaire When closing due to inclement weather the on-site Park Supervisor must be notified
The Concessionaire shall keep a log where the concession is located of all early closures and shall submit a
season-end report to the Park Supervisor at the close of the concession season but no later than October 15th
8 Health Department Inspections The Concessionaire is responsible for scheduling inspections by
the appropriate local health department at the beginning of concession operations and thereafter
annually prior to April 15th
of each year this agreement is in effect The Concessionaire is responsible
for and shall directly pay for any fees charged for such inspections THE CONCESSIONAIRE
WILL BE RESPONSIBLE FOR OBTAINING AN ANNUAL PERMIT FROM THE LOCAL
HEALTH DEPARTMENT FOR THE TOWN THAT THE RESPECTIVE PARK IS
LOCATED A CURRENT PERMIT WILL BE OBTAINED EACH YEAR THE CONTRACT
IS IN FORCE AND MUST BE RECEIVED BY THE DEP DIVISION OF STATE PARKS AND
PUBLIC OUTREACH 79 ELM STREET HARTFORD CT 06106-5127 PRIOR TO
OPENING THE CONCESSION OPERATION
9 Public Health Code The Concessionaire agrees to conform to the Public Health Code of the State
of Connecticut concerning the storage handling and vending of food
10 State-Owned Equipment The Concessionaire shall be responsible for the use of all State-owned
equipment and agrees to replace articles lost or damaged other than those damaged by usual wear
resulting from concession use
11 State Property The Concessionaire shall install no fixed equipment nor make any physical
changes to State property without the prior written approval of DEP Any improvements andor
permanent fixtures approved by the DEP and provided by the Concessionaire during the contract term
shall become the property of the State of Connecticut at the termination of this agreement
Page 9 of 10
12 Utilities and Suppliers For billing purposes with Concessionaires utility companies and
suppliers the Concessionaire shall always use the name referred to as the ldquoConcessionairerdquo or
ldquoContractorrdquo At no time shall the Concessionaire use the state parkrsquos name and address for billing
purposes
13 InsectVermin Control The Concessionaire is responsible for any insect andor vermin control
as determined by the local or state health departments or by the on-site Park Supervisor
14 Refuse Disposal The Concessionaire at hisher own expense shall be responsible for the
disposal and removal of all recyclables and trash generated by said concession operation
15 General Maintenance The Concessionaire shall be responsible for maintaining in a clean
sanitary and orderly manner the general area of the State Park in which the Concession is located
DEP representatives or designees may inspect the Concession area at any time
16 Exclusivity The Concessionaire shall have the exclusive right to sell food within the park in
which the Concessionaire is the Lessee with the exception of foods or goods which have prior written
approval for DEP sanctioned events where food andor goods may be sold by the event sponsor or their
authorized agents
17 Rights of Park Visitors The Concessionaire agrees that nothing contained in the terms of the
Concession Contract shall prevent visitors from bringing their own food for their use to the park and
cooking such food for themselves Park visitors may also pre-arrange for private catering services on
department properties with the approval of the on-site Park Supervisor These services may be
permitted with the condition that no financial transactions occur on-site
18 On-Site Staffing Whenever the concession is open for business the Concessionaire must have
present an employee who is a qualified on-site manager That manager must be knowledgeable in all
aspects of operating the concession business
19 Code of Conduct Due to the public service nature of the Concession the Concessionaire and all
employees of the Concessionaire shall conduct themselves in a courteous respectful and professional
manner with all members of the public
20 Appearance The Concessionaire and hisher employees shall be clean and neat in appearance
Wearing an item of uniform eg a shirt hat or badge identifying the name of the Concessionaire
employee or business is encouraged
21 Concession Location The Concessionaire agrees unless specifically authorized in writing by
DEP to do otherwise to confine all sales to the established concession building(s) and further to
confine all advertising to the interior of said concession building(s) In the case of motor vehicle or
better known ldquomobilerdquo concessions the Concessionaire will confine the advertising menu to a sign
either affixed in the most notable area of the vehicle for the public to read or with the Park
Supervisorrsquos approval a movable sign would be acceptable next to the mobile concession vehicle
22 Food Inspection An authorized representative of the DEP shall conduct an annual in-season
food inspection The Concessionaire shall provide a range of food and beverage items (which will
constitute one free meal) to the DEPrsquos representative for food-tasting purposes
23 Financial Reporting By November 15th
of each calendar year that this contract is in force the
Concessionaire shall submit a certified statement of annual gross receipts attested to by a Notary
Page 10 of 10
Public andor a Commissioner of the Superior Court to Department of Environmental Protection
Bureau of Outdoor Recreation State Parks Division 79 Elm Street Hartford CT 06106-5127
24 Revenue DEP shall not assume responsibility for revenue loss directly or indirectly attributable
to actions taken by the DEP resulting from weather or crowd conditions or acts of God Neither shall
DEP assume responsibility for revenue loss directly or indirectly attributable to attendance loss
weather conditions or other uncontrollable phenomena
25 Compliance The Concessionaire agrees to comply with the regulations of the Department of
Environmental Protection regarding State Park and Forest Recreation Areas and with any other
department policy concerning the operation of concessions
Page 5 of 10
employees which may have had now have or will have with respect to all matters arising out of the Contract
To the extent that this section conflicts with any other section this section shall govern
13 CancellationTermination The DEP may cancel this contract for cause on five (5) daysrsquo notice A request
for termination of this contract by the Concessionaire or Contractor for a just cause will require approval by the
DEP Any cancellation or request for cancellation of this contract shall be submitted in writing and sent by
certified mail to
DEP
Bureau of Outdoor Recreation
Division of State Parks and Public Outreach
79 Elm Street
Hartford CT 06106-5127
Concessionaire
Mr John Doe
123 ABC Drive
Hartford CT 06000
Notwithstanding any provisions in this contract DEP through a duly authorized employee may terminate the
contract whenever the agency makes a written determination that such termination is in the best interests of the
State
If the DEP cancels this contract for causes listed below or if the Concessionaire terminates this contract prior to
the end of its full term without the consent of the State Parks Division the Concessionaire shall forfeit hisher
rights to bid on future concessions under the control of the State Parks Division and any prior payments received
by the State of Connecticut
a Failure by the Concessionaire to make annual payment during any time the contract is in force
shall be considered cause for cancellation by the DEP
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 6 of 10
it may now have or will have to the laying of venue of any Claims in any forum and further irrevocably submits
to such jurisdiction in any suit action or proceeding
15 Severability If any term or provision of the Contract or its application to any person entity or
circumstance shall to any extent be held to be invalid or unenforceable the remainder of the Contract or the
application of such term or provision shall not be affected as to persons entities or circumstances other than
those as to whom or to which it is held to be invalid or unenforceable Each remaining term and provision of the
Contract shall be valid and enforced to the fullest extent possible by law
16 Nondisclosure The Contactor shall not release any information concerning the services provided pursuant
to the Agreement or any part thereof to any member of the public press business entity or any official body
unless prior written consent is obtained from the State
The parties have hereunto set their hands
SIGNED AND DELIVERED below
STATE OF CONNECTICUT
By ____________________________(LS)
Thomas M Morrissey
Chief Bureau of Outdoor Recreation
Department of Environmental Protection
Date __________________
By____________________________ (LS)
John Doe
Concessionaire
Date _________________
APPROVED AS TO FORM
By ____________________________________ on ________________________
Assistant Attorney General
Page 7 of 10
(VARIOUS STATE PARKS CONCESSION CONTRACT)
ldquoATTACHMENT Ardquo
THE CONCESSIONAIRE AGREES TO THE FOLLOWING CONDITIONS
1 Insurance The Concessionaire shall furnish evidence of insurance A Certificate of Insurance
covering the whole period of the Concession contract shall reflect the following limits and shall be
submitted by the awarded Concessionaire to the Department of Environmental Protection
Commercial General Liability insurance providing a total limit of $1000000 for all damages
arising out of bodily injury to or death of all persons in any accident or occurrence and for all damages
arising out of injury to or destruction of property in any one accident or occurrence In cases where
any insurance policy shows an aggregate limit the aggregate limit shall not be less than $2000000
The operation of all motor vehicles including those hired or borrowed used in connection with
this contract shall be covered by Automobile Liability insurance providing for a total limit of
$1000000 for all damages arising out of bodily injuries or death of all persons in any one accident or
occurrence for all damages arising out of injury or destruction of property in any one accident or
occurrence In cases where an insurance policy shows an aggregate limit the limit shall not be less
than $2000000
The State of Connecticut shall be listed as an Additional Insured on all required coverage Said
coverage is to be provided by insurance companies licensed by the State of Connecticut Any
deductibles or self-insured retentions must be declared and approved by the State
With respect to all operations performed by the Concessionaire the Concessionaire shall carry
Workerrsquos Compensation insurance in accordance with the requirements of the laws of the State of
Connecticut
2 Item and Price List The Concessionaire shall forward by April 1 of each year of this agreement
a price list of all commodities andor souvenirs for sale to the Department of Environmental Protection
Bureau of Outdoor Recreation State Parks Division 79 Elm Street Hartford CT 06106-5127 for
approval for each subsequent year of the contract Any price increases are subject to the prior written
approval of the State Parks Division The Concessionaire shall post a price list of all commodities for
sale in full public view while in operation
The Concessionaire shall be allowed to sell souvenirs provided they are approved by the Division of
State Parks and Public Outreach however if the park name is used on souvenirs or items of clothing
the complete park name shall be used such as ldquoVarious State Parkrdquo not just ldquoVarious Parkrdquo
The Concessionaire warrants that all goods offered for sale shall not exceed in price nor be substandard
in quality or quantity to like articles sold in the surrounding community
Page 8 of 10
3 Sunscreen All Concessionairersquos that operate a concession in a beach park shall have available for
sale to the general public sunscreen with a Sun Protection Factor (SPF) of at least 15 for adults and
SPF 45 for children
4 Use of Biodegradable Products The Department of Environmental Protection encourages the
Concessionaire to use biodegradable products and packaging in its operations ie paper products or
products containing recycled contents only
5 Non-Glass Containers All liquids dispensed by the Concessionaire shall be in non-glass
containers
6 Prohibitions
The Concessionaire shall not sell flotation devices of any kind beach balls snorkels
facemasks or similar articles
The Concessionaire shall not sell dispense or give away alcoholic beverages
The Concessionaire shall not permit gratuities to employees of the State of Connecticut
No video or pinball games shall be permitted
No vending machines shall be permitted
7 Hours of Operation The Concessionaire shall open the concession(s) every day no later than 10 am
except during inclement weather and the concession shall remain open until three hours before but not later
than sunset from the date the contract is executed through Labor Day weekend For all remaining years of
the contract after 2009 the concession shall be open from Memorial Day through Labor Day weekend
Exceptions to this schedule shall be established through joint agreement of the on-site Park Supervisor and
the Concessionaire When closing due to inclement weather the on-site Park Supervisor must be notified
The Concessionaire shall keep a log where the concession is located of all early closures and shall submit a
season-end report to the Park Supervisor at the close of the concession season but no later than October 15th
8 Health Department Inspections The Concessionaire is responsible for scheduling inspections by
the appropriate local health department at the beginning of concession operations and thereafter
annually prior to April 15th
of each year this agreement is in effect The Concessionaire is responsible
for and shall directly pay for any fees charged for such inspections THE CONCESSIONAIRE
WILL BE RESPONSIBLE FOR OBTAINING AN ANNUAL PERMIT FROM THE LOCAL
HEALTH DEPARTMENT FOR THE TOWN THAT THE RESPECTIVE PARK IS
LOCATED A CURRENT PERMIT WILL BE OBTAINED EACH YEAR THE CONTRACT
IS IN FORCE AND MUST BE RECEIVED BY THE DEP DIVISION OF STATE PARKS AND
PUBLIC OUTREACH 79 ELM STREET HARTFORD CT 06106-5127 PRIOR TO
OPENING THE CONCESSION OPERATION
9 Public Health Code The Concessionaire agrees to conform to the Public Health Code of the State
of Connecticut concerning the storage handling and vending of food
10 State-Owned Equipment The Concessionaire shall be responsible for the use of all State-owned
equipment and agrees to replace articles lost or damaged other than those damaged by usual wear
resulting from concession use
11 State Property The Concessionaire shall install no fixed equipment nor make any physical
changes to State property without the prior written approval of DEP Any improvements andor
permanent fixtures approved by the DEP and provided by the Concessionaire during the contract term
shall become the property of the State of Connecticut at the termination of this agreement
Page 9 of 10
12 Utilities and Suppliers For billing purposes with Concessionaires utility companies and
suppliers the Concessionaire shall always use the name referred to as the ldquoConcessionairerdquo or
ldquoContractorrdquo At no time shall the Concessionaire use the state parkrsquos name and address for billing
purposes
13 InsectVermin Control The Concessionaire is responsible for any insect andor vermin control
as determined by the local or state health departments or by the on-site Park Supervisor
14 Refuse Disposal The Concessionaire at hisher own expense shall be responsible for the
disposal and removal of all recyclables and trash generated by said concession operation
15 General Maintenance The Concessionaire shall be responsible for maintaining in a clean
sanitary and orderly manner the general area of the State Park in which the Concession is located
DEP representatives or designees may inspect the Concession area at any time
16 Exclusivity The Concessionaire shall have the exclusive right to sell food within the park in
which the Concessionaire is the Lessee with the exception of foods or goods which have prior written
approval for DEP sanctioned events where food andor goods may be sold by the event sponsor or their
authorized agents
17 Rights of Park Visitors The Concessionaire agrees that nothing contained in the terms of the
Concession Contract shall prevent visitors from bringing their own food for their use to the park and
cooking such food for themselves Park visitors may also pre-arrange for private catering services on
department properties with the approval of the on-site Park Supervisor These services may be
permitted with the condition that no financial transactions occur on-site
18 On-Site Staffing Whenever the concession is open for business the Concessionaire must have
present an employee who is a qualified on-site manager That manager must be knowledgeable in all
aspects of operating the concession business
19 Code of Conduct Due to the public service nature of the Concession the Concessionaire and all
employees of the Concessionaire shall conduct themselves in a courteous respectful and professional
manner with all members of the public
20 Appearance The Concessionaire and hisher employees shall be clean and neat in appearance
Wearing an item of uniform eg a shirt hat or badge identifying the name of the Concessionaire
employee or business is encouraged
21 Concession Location The Concessionaire agrees unless specifically authorized in writing by
DEP to do otherwise to confine all sales to the established concession building(s) and further to
confine all advertising to the interior of said concession building(s) In the case of motor vehicle or
better known ldquomobilerdquo concessions the Concessionaire will confine the advertising menu to a sign
either affixed in the most notable area of the vehicle for the public to read or with the Park
Supervisorrsquos approval a movable sign would be acceptable next to the mobile concession vehicle
22 Food Inspection An authorized representative of the DEP shall conduct an annual in-season
food inspection The Concessionaire shall provide a range of food and beverage items (which will
constitute one free meal) to the DEPrsquos representative for food-tasting purposes
23 Financial Reporting By November 15th
of each calendar year that this contract is in force the
Concessionaire shall submit a certified statement of annual gross receipts attested to by a Notary
Page 10 of 10
Public andor a Commissioner of the Superior Court to Department of Environmental Protection
Bureau of Outdoor Recreation State Parks Division 79 Elm Street Hartford CT 06106-5127
24 Revenue DEP shall not assume responsibility for revenue loss directly or indirectly attributable
to actions taken by the DEP resulting from weather or crowd conditions or acts of God Neither shall
DEP assume responsibility for revenue loss directly or indirectly attributable to attendance loss
weather conditions or other uncontrollable phenomena
25 Compliance The Concessionaire agrees to comply with the regulations of the Department of
Environmental Protection regarding State Park and Forest Recreation Areas and with any other
department policy concerning the operation of concessions
Page 6 of 10
it may now have or will have to the laying of venue of any Claims in any forum and further irrevocably submits
to such jurisdiction in any suit action or proceeding
15 Severability If any term or provision of the Contract or its application to any person entity or
circumstance shall to any extent be held to be invalid or unenforceable the remainder of the Contract or the
application of such term or provision shall not be affected as to persons entities or circumstances other than
those as to whom or to which it is held to be invalid or unenforceable Each remaining term and provision of the
Contract shall be valid and enforced to the fullest extent possible by law
16 Nondisclosure The Contactor shall not release any information concerning the services provided pursuant
to the Agreement or any part thereof to any member of the public press business entity or any official body
unless prior written consent is obtained from the State
The parties have hereunto set their hands
SIGNED AND DELIVERED below
STATE OF CONNECTICUT
By ____________________________(LS)
Thomas M Morrissey
Chief Bureau of Outdoor Recreation
Department of Environmental Protection
Date __________________
By____________________________ (LS)
John Doe
Concessionaire
Date _________________
APPROVED AS TO FORM
By ____________________________________ on ________________________
Assistant Attorney General
Page 7 of 10
(VARIOUS STATE PARKS CONCESSION CONTRACT)
ldquoATTACHMENT Ardquo
THE CONCESSIONAIRE AGREES TO THE FOLLOWING CONDITIONS
1 Insurance The Concessionaire shall furnish evidence of insurance A Certificate of Insurance
covering the whole period of the Concession contract shall reflect the following limits and shall be
submitted by the awarded Concessionaire to the Department of Environmental Protection
Commercial General Liability insurance providing a total limit of $1000000 for all damages
arising out of bodily injury to or death of all persons in any accident or occurrence and for all damages
arising out of injury to or destruction of property in any one accident or occurrence In cases where
any insurance policy shows an aggregate limit the aggregate limit shall not be less than $2000000
The operation of all motor vehicles including those hired or borrowed used in connection with
this contract shall be covered by Automobile Liability insurance providing for a total limit of
$1000000 for all damages arising out of bodily injuries or death of all persons in any one accident or
occurrence for all damages arising out of injury or destruction of property in any one accident or
occurrence In cases where an insurance policy shows an aggregate limit the limit shall not be less
than $2000000
The State of Connecticut shall be listed as an Additional Insured on all required coverage Said
coverage is to be provided by insurance companies licensed by the State of Connecticut Any
deductibles or self-insured retentions must be declared and approved by the State
With respect to all operations performed by the Concessionaire the Concessionaire shall carry
Workerrsquos Compensation insurance in accordance with the requirements of the laws of the State of
Connecticut
2 Item and Price List The Concessionaire shall forward by April 1 of each year of this agreement
a price list of all commodities andor souvenirs for sale to the Department of Environmental Protection
Bureau of Outdoor Recreation State Parks Division 79 Elm Street Hartford CT 06106-5127 for
approval for each subsequent year of the contract Any price increases are subject to the prior written
approval of the State Parks Division The Concessionaire shall post a price list of all commodities for
sale in full public view while in operation
The Concessionaire shall be allowed to sell souvenirs provided they are approved by the Division of
State Parks and Public Outreach however if the park name is used on souvenirs or items of clothing
the complete park name shall be used such as ldquoVarious State Parkrdquo not just ldquoVarious Parkrdquo
The Concessionaire warrants that all goods offered for sale shall not exceed in price nor be substandard
in quality or quantity to like articles sold in the surrounding community
Page 8 of 10
3 Sunscreen All Concessionairersquos that operate a concession in a beach park shall have available for
sale to the general public sunscreen with a Sun Protection Factor (SPF) of at least 15 for adults and
SPF 45 for children
4 Use of Biodegradable Products The Department of Environmental Protection encourages the
Concessionaire to use biodegradable products and packaging in its operations ie paper products or
products containing recycled contents only
5 Non-Glass Containers All liquids dispensed by the Concessionaire shall be in non-glass
containers
6 Prohibitions
The Concessionaire shall not sell flotation devices of any kind beach balls snorkels
facemasks or similar articles
The Concessionaire shall not sell dispense or give away alcoholic beverages
The Concessionaire shall not permit gratuities to employees of the State of Connecticut
No video or pinball games shall be permitted
No vending machines shall be permitted
7 Hours of Operation The Concessionaire shall open the concession(s) every day no later than 10 am
except during inclement weather and the concession shall remain open until three hours before but not later
than sunset from the date the contract is executed through Labor Day weekend For all remaining years of
the contract after 2009 the concession shall be open from Memorial Day through Labor Day weekend
Exceptions to this schedule shall be established through joint agreement of the on-site Park Supervisor and
the Concessionaire When closing due to inclement weather the on-site Park Supervisor must be notified
The Concessionaire shall keep a log where the concession is located of all early closures and shall submit a
season-end report to the Park Supervisor at the close of the concession season but no later than October 15th
8 Health Department Inspections The Concessionaire is responsible for scheduling inspections by
the appropriate local health department at the beginning of concession operations and thereafter
annually prior to April 15th
of each year this agreement is in effect The Concessionaire is responsible
for and shall directly pay for any fees charged for such inspections THE CONCESSIONAIRE
WILL BE RESPONSIBLE FOR OBTAINING AN ANNUAL PERMIT FROM THE LOCAL
HEALTH DEPARTMENT FOR THE TOWN THAT THE RESPECTIVE PARK IS
LOCATED A CURRENT PERMIT WILL BE OBTAINED EACH YEAR THE CONTRACT
IS IN FORCE AND MUST BE RECEIVED BY THE DEP DIVISION OF STATE PARKS AND
PUBLIC OUTREACH 79 ELM STREET HARTFORD CT 06106-5127 PRIOR TO
OPENING THE CONCESSION OPERATION
9 Public Health Code The Concessionaire agrees to conform to the Public Health Code of the State
of Connecticut concerning the storage handling and vending of food
10 State-Owned Equipment The Concessionaire shall be responsible for the use of all State-owned
equipment and agrees to replace articles lost or damaged other than those damaged by usual wear
resulting from concession use
11 State Property The Concessionaire shall install no fixed equipment nor make any physical
changes to State property without the prior written approval of DEP Any improvements andor
permanent fixtures approved by the DEP and provided by the Concessionaire during the contract term
shall become the property of the State of Connecticut at the termination of this agreement
Page 9 of 10
12 Utilities and Suppliers For billing purposes with Concessionaires utility companies and
suppliers the Concessionaire shall always use the name referred to as the ldquoConcessionairerdquo or
ldquoContractorrdquo At no time shall the Concessionaire use the state parkrsquos name and address for billing
purposes
13 InsectVermin Control The Concessionaire is responsible for any insect andor vermin control
as determined by the local or state health departments or by the on-site Park Supervisor
14 Refuse Disposal The Concessionaire at hisher own expense shall be responsible for the
disposal and removal of all recyclables and trash generated by said concession operation
15 General Maintenance The Concessionaire shall be responsible for maintaining in a clean
sanitary and orderly manner the general area of the State Park in which the Concession is located
DEP representatives or designees may inspect the Concession area at any time
16 Exclusivity The Concessionaire shall have the exclusive right to sell food within the park in
which the Concessionaire is the Lessee with the exception of foods or goods which have prior written
approval for DEP sanctioned events where food andor goods may be sold by the event sponsor or their
authorized agents
17 Rights of Park Visitors The Concessionaire agrees that nothing contained in the terms of the
Concession Contract shall prevent visitors from bringing their own food for their use to the park and
cooking such food for themselves Park visitors may also pre-arrange for private catering services on
department properties with the approval of the on-site Park Supervisor These services may be
permitted with the condition that no financial transactions occur on-site
18 On-Site Staffing Whenever the concession is open for business the Concessionaire must have
present an employee who is a qualified on-site manager That manager must be knowledgeable in all
aspects of operating the concession business
19 Code of Conduct Due to the public service nature of the Concession the Concessionaire and all
employees of the Concessionaire shall conduct themselves in a courteous respectful and professional
manner with all members of the public
20 Appearance The Concessionaire and hisher employees shall be clean and neat in appearance
Wearing an item of uniform eg a shirt hat or badge identifying the name of the Concessionaire
employee or business is encouraged
21 Concession Location The Concessionaire agrees unless specifically authorized in writing by
DEP to do otherwise to confine all sales to the established concession building(s) and further to
confine all advertising to the interior of said concession building(s) In the case of motor vehicle or
better known ldquomobilerdquo concessions the Concessionaire will confine the advertising menu to a sign
either affixed in the most notable area of the vehicle for the public to read or with the Park
Supervisorrsquos approval a movable sign would be acceptable next to the mobile concession vehicle
22 Food Inspection An authorized representative of the DEP shall conduct an annual in-season
food inspection The Concessionaire shall provide a range of food and beverage items (which will
constitute one free meal) to the DEPrsquos representative for food-tasting purposes
23 Financial Reporting By November 15th
of each calendar year that this contract is in force the
Concessionaire shall submit a certified statement of annual gross receipts attested to by a Notary
Page 10 of 10
Public andor a Commissioner of the Superior Court to Department of Environmental Protection
Bureau of Outdoor Recreation State Parks Division 79 Elm Street Hartford CT 06106-5127
24 Revenue DEP shall not assume responsibility for revenue loss directly or indirectly attributable
to actions taken by the DEP resulting from weather or crowd conditions or acts of God Neither shall
DEP assume responsibility for revenue loss directly or indirectly attributable to attendance loss
weather conditions or other uncontrollable phenomena
25 Compliance The Concessionaire agrees to comply with the regulations of the Department of
Environmental Protection regarding State Park and Forest Recreation Areas and with any other
department policy concerning the operation of concessions
Page 7 of 10
(VARIOUS STATE PARKS CONCESSION CONTRACT)
ldquoATTACHMENT Ardquo
THE CONCESSIONAIRE AGREES TO THE FOLLOWING CONDITIONS
1 Insurance The Concessionaire shall furnish evidence of insurance A Certificate of Insurance
covering the whole period of the Concession contract shall reflect the following limits and shall be
submitted by the awarded Concessionaire to the Department of Environmental Protection
Commercial General Liability insurance providing a total limit of $1000000 for all damages
arising out of bodily injury to or death of all persons in any accident or occurrence and for all damages
arising out of injury to or destruction of property in any one accident or occurrence In cases where
any insurance policy shows an aggregate limit the aggregate limit shall not be less than $2000000
The operation of all motor vehicles including those hired or borrowed used in connection with
this contract shall be covered by Automobile Liability insurance providing for a total limit of
$1000000 for all damages arising out of bodily injuries or death of all persons in any one accident or
occurrence for all damages arising out of injury or destruction of property in any one accident or
occurrence In cases where an insurance policy shows an aggregate limit the limit shall not be less
than $2000000
The State of Connecticut shall be listed as an Additional Insured on all required coverage Said
coverage is to be provided by insurance companies licensed by the State of Connecticut Any
deductibles or self-insured retentions must be declared and approved by the State
With respect to all operations performed by the Concessionaire the Concessionaire shall carry
Workerrsquos Compensation insurance in accordance with the requirements of the laws of the State of
Connecticut
2 Item and Price List The Concessionaire shall forward by April 1 of each year of this agreement
a price list of all commodities andor souvenirs for sale to the Department of Environmental Protection
Bureau of Outdoor Recreation State Parks Division 79 Elm Street Hartford CT 06106-5127 for
approval for each subsequent year of the contract Any price increases are subject to the prior written
approval of the State Parks Division The Concessionaire shall post a price list of all commodities for
sale in full public view while in operation
The Concessionaire shall be allowed to sell souvenirs provided they are approved by the Division of
State Parks and Public Outreach however if the park name is used on souvenirs or items of clothing
the complete park name shall be used such as ldquoVarious State Parkrdquo not just ldquoVarious Parkrdquo
The Concessionaire warrants that all goods offered for sale shall not exceed in price nor be substandard
in quality or quantity to like articles sold in the surrounding community
Page 8 of 10
3 Sunscreen All Concessionairersquos that operate a concession in a beach park shall have available for
sale to the general public sunscreen with a Sun Protection Factor (SPF) of at least 15 for adults and
SPF 45 for children
4 Use of Biodegradable Products The Department of Environmental Protection encourages the
Concessionaire to use biodegradable products and packaging in its operations ie paper products or
products containing recycled contents only
5 Non-Glass Containers All liquids dispensed by the Concessionaire shall be in non-glass
containers
6 Prohibitions
The Concessionaire shall not sell flotation devices of any kind beach balls snorkels
facemasks or similar articles
The Concessionaire shall not sell dispense or give away alcoholic beverages
The Concessionaire shall not permit gratuities to employees of the State of Connecticut
No video or pinball games shall be permitted
No vending machines shall be permitted
7 Hours of Operation The Concessionaire shall open the concession(s) every day no later than 10 am
except during inclement weather and the concession shall remain open until three hours before but not later
than sunset from the date the contract is executed through Labor Day weekend For all remaining years of
the contract after 2009 the concession shall be open from Memorial Day through Labor Day weekend
Exceptions to this schedule shall be established through joint agreement of the on-site Park Supervisor and
the Concessionaire When closing due to inclement weather the on-site Park Supervisor must be notified
The Concessionaire shall keep a log where the concession is located of all early closures and shall submit a
season-end report to the Park Supervisor at the close of the concession season but no later than October 15th
8 Health Department Inspections The Concessionaire is responsible for scheduling inspections by
the appropriate local health department at the beginning of concession operations and thereafter
annually prior to April 15th
of each year this agreement is in effect The Concessionaire is responsible
for and shall directly pay for any fees charged for such inspections THE CONCESSIONAIRE
WILL BE RESPONSIBLE FOR OBTAINING AN ANNUAL PERMIT FROM THE LOCAL
HEALTH DEPARTMENT FOR THE TOWN THAT THE RESPECTIVE PARK IS
LOCATED A CURRENT PERMIT WILL BE OBTAINED EACH YEAR THE CONTRACT
IS IN FORCE AND MUST BE RECEIVED BY THE DEP DIVISION OF STATE PARKS AND
PUBLIC OUTREACH 79 ELM STREET HARTFORD CT 06106-5127 PRIOR TO
OPENING THE CONCESSION OPERATION
9 Public Health Code The Concessionaire agrees to conform to the Public Health Code of the State
of Connecticut concerning the storage handling and vending of food
10 State-Owned Equipment The Concessionaire shall be responsible for the use of all State-owned
equipment and agrees to replace articles lost or damaged other than those damaged by usual wear
resulting from concession use
11 State Property The Concessionaire shall install no fixed equipment nor make any physical
changes to State property without the prior written approval of DEP Any improvements andor
permanent fixtures approved by the DEP and provided by the Concessionaire during the contract term
shall become the property of the State of Connecticut at the termination of this agreement
Page 9 of 10
12 Utilities and Suppliers For billing purposes with Concessionaires utility companies and
suppliers the Concessionaire shall always use the name referred to as the ldquoConcessionairerdquo or
ldquoContractorrdquo At no time shall the Concessionaire use the state parkrsquos name and address for billing
purposes
13 InsectVermin Control The Concessionaire is responsible for any insect andor vermin control
as determined by the local or state health departments or by the on-site Park Supervisor
14 Refuse Disposal The Concessionaire at hisher own expense shall be responsible for the
disposal and removal of all recyclables and trash generated by said concession operation
15 General Maintenance The Concessionaire shall be responsible for maintaining in a clean
sanitary and orderly manner the general area of the State Park in which the Concession is located
DEP representatives or designees may inspect the Concession area at any time
16 Exclusivity The Concessionaire shall have the exclusive right to sell food within the park in
which the Concessionaire is the Lessee with the exception of foods or goods which have prior written
approval for DEP sanctioned events where food andor goods may be sold by the event sponsor or their
authorized agents
17 Rights of Park Visitors The Concessionaire agrees that nothing contained in the terms of the
Concession Contract shall prevent visitors from bringing their own food for their use to the park and
cooking such food for themselves Park visitors may also pre-arrange for private catering services on
department properties with the approval of the on-site Park Supervisor These services may be
permitted with the condition that no financial transactions occur on-site
18 On-Site Staffing Whenever the concession is open for business the Concessionaire must have
present an employee who is a qualified on-site manager That manager must be knowledgeable in all
aspects of operating the concession business
19 Code of Conduct Due to the public service nature of the Concession the Concessionaire and all
employees of the Concessionaire shall conduct themselves in a courteous respectful and professional
manner with all members of the public
20 Appearance The Concessionaire and hisher employees shall be clean and neat in appearance
Wearing an item of uniform eg a shirt hat or badge identifying the name of the Concessionaire
employee or business is encouraged
21 Concession Location The Concessionaire agrees unless specifically authorized in writing by
DEP to do otherwise to confine all sales to the established concession building(s) and further to
confine all advertising to the interior of said concession building(s) In the case of motor vehicle or
better known ldquomobilerdquo concessions the Concessionaire will confine the advertising menu to a sign
either affixed in the most notable area of the vehicle for the public to read or with the Park
Supervisorrsquos approval a movable sign would be acceptable next to the mobile concession vehicle
22 Food Inspection An authorized representative of the DEP shall conduct an annual in-season
food inspection The Concessionaire shall provide a range of food and beverage items (which will
constitute one free meal) to the DEPrsquos representative for food-tasting purposes
23 Financial Reporting By November 15th
of each calendar year that this contract is in force the
Concessionaire shall submit a certified statement of annual gross receipts attested to by a Notary
Page 10 of 10
Public andor a Commissioner of the Superior Court to Department of Environmental Protection
Bureau of Outdoor Recreation State Parks Division 79 Elm Street Hartford CT 06106-5127
24 Revenue DEP shall not assume responsibility for revenue loss directly or indirectly attributable
to actions taken by the DEP resulting from weather or crowd conditions or acts of God Neither shall
DEP assume responsibility for revenue loss directly or indirectly attributable to attendance loss
weather conditions or other uncontrollable phenomena
25 Compliance The Concessionaire agrees to comply with the regulations of the Department of
Environmental Protection regarding State Park and Forest Recreation Areas and with any other
department policy concerning the operation of concessions
Page 8 of 10
3 Sunscreen All Concessionairersquos that operate a concession in a beach park shall have available for
sale to the general public sunscreen with a Sun Protection Factor (SPF) of at least 15 for adults and
SPF 45 for children
4 Use of Biodegradable Products The Department of Environmental Protection encourages the
Concessionaire to use biodegradable products and packaging in its operations ie paper products or
products containing recycled contents only
5 Non-Glass Containers All liquids dispensed by the Concessionaire shall be in non-glass
containers
6 Prohibitions
The Concessionaire shall not sell flotation devices of any kind beach balls snorkels
facemasks or similar articles
The Concessionaire shall not sell dispense or give away alcoholic beverages
The Concessionaire shall not permit gratuities to employees of the State of Connecticut
No video or pinball games shall be permitted
No vending machines shall be permitted
7 Hours of Operation The Concessionaire shall open the concession(s) every day no later than 10 am
except during inclement weather and the concession shall remain open until three hours before but not later
than sunset from the date the contract is executed through Labor Day weekend For all remaining years of
the contract after 2009 the concession shall be open from Memorial Day through Labor Day weekend
Exceptions to this schedule shall be established through joint agreement of the on-site Park Supervisor and
the Concessionaire When closing due to inclement weather the on-site Park Supervisor must be notified
The Concessionaire shall keep a log where the concession is located of all early closures and shall submit a
season-end report to the Park Supervisor at the close of the concession season but no later than October 15th
8 Health Department Inspections The Concessionaire is responsible for scheduling inspections by
the appropriate local health department at the beginning of concession operations and thereafter
annually prior to April 15th
of each year this agreement is in effect The Concessionaire is responsible
for and shall directly pay for any fees charged for such inspections THE CONCESSIONAIRE
WILL BE RESPONSIBLE FOR OBTAINING AN ANNUAL PERMIT FROM THE LOCAL
HEALTH DEPARTMENT FOR THE TOWN THAT THE RESPECTIVE PARK IS
LOCATED A CURRENT PERMIT WILL BE OBTAINED EACH YEAR THE CONTRACT
IS IN FORCE AND MUST BE RECEIVED BY THE DEP DIVISION OF STATE PARKS AND
PUBLIC OUTREACH 79 ELM STREET HARTFORD CT 06106-5127 PRIOR TO
OPENING THE CONCESSION OPERATION
9 Public Health Code The Concessionaire agrees to conform to the Public Health Code of the State
of Connecticut concerning the storage handling and vending of food
10 State-Owned Equipment The Concessionaire shall be responsible for the use of all State-owned
equipment and agrees to replace articles lost or damaged other than those damaged by usual wear
resulting from concession use
11 State Property The Concessionaire shall install no fixed equipment nor make any physical
changes to State property without the prior written approval of DEP Any improvements andor
permanent fixtures approved by the DEP and provided by the Concessionaire during the contract term
shall become the property of the State of Connecticut at the termination of this agreement
Page 9 of 10
12 Utilities and Suppliers For billing purposes with Concessionaires utility companies and
suppliers the Concessionaire shall always use the name referred to as the ldquoConcessionairerdquo or
ldquoContractorrdquo At no time shall the Concessionaire use the state parkrsquos name and address for billing
purposes
13 InsectVermin Control The Concessionaire is responsible for any insect andor vermin control
as determined by the local or state health departments or by the on-site Park Supervisor
14 Refuse Disposal The Concessionaire at hisher own expense shall be responsible for the
disposal and removal of all recyclables and trash generated by said concession operation
15 General Maintenance The Concessionaire shall be responsible for maintaining in a clean
sanitary and orderly manner the general area of the State Park in which the Concession is located
DEP representatives or designees may inspect the Concession area at any time
16 Exclusivity The Concessionaire shall have the exclusive right to sell food within the park in
which the Concessionaire is the Lessee with the exception of foods or goods which have prior written
approval for DEP sanctioned events where food andor goods may be sold by the event sponsor or their
authorized agents
17 Rights of Park Visitors The Concessionaire agrees that nothing contained in the terms of the
Concession Contract shall prevent visitors from bringing their own food for their use to the park and
cooking such food for themselves Park visitors may also pre-arrange for private catering services on
department properties with the approval of the on-site Park Supervisor These services may be
permitted with the condition that no financial transactions occur on-site
18 On-Site Staffing Whenever the concession is open for business the Concessionaire must have
present an employee who is a qualified on-site manager That manager must be knowledgeable in all
aspects of operating the concession business
19 Code of Conduct Due to the public service nature of the Concession the Concessionaire and all
employees of the Concessionaire shall conduct themselves in a courteous respectful and professional
manner with all members of the public
20 Appearance The Concessionaire and hisher employees shall be clean and neat in appearance
Wearing an item of uniform eg a shirt hat or badge identifying the name of the Concessionaire
employee or business is encouraged
21 Concession Location The Concessionaire agrees unless specifically authorized in writing by
DEP to do otherwise to confine all sales to the established concession building(s) and further to
confine all advertising to the interior of said concession building(s) In the case of motor vehicle or
better known ldquomobilerdquo concessions the Concessionaire will confine the advertising menu to a sign
either affixed in the most notable area of the vehicle for the public to read or with the Park
Supervisorrsquos approval a movable sign would be acceptable next to the mobile concession vehicle
22 Food Inspection An authorized representative of the DEP shall conduct an annual in-season
food inspection The Concessionaire shall provide a range of food and beverage items (which will
constitute one free meal) to the DEPrsquos representative for food-tasting purposes
23 Financial Reporting By November 15th
of each calendar year that this contract is in force the
Concessionaire shall submit a certified statement of annual gross receipts attested to by a Notary
Page 10 of 10
Public andor a Commissioner of the Superior Court to Department of Environmental Protection
Bureau of Outdoor Recreation State Parks Division 79 Elm Street Hartford CT 06106-5127
24 Revenue DEP shall not assume responsibility for revenue loss directly or indirectly attributable
to actions taken by the DEP resulting from weather or crowd conditions or acts of God Neither shall
DEP assume responsibility for revenue loss directly or indirectly attributable to attendance loss
weather conditions or other uncontrollable phenomena
25 Compliance The Concessionaire agrees to comply with the regulations of the Department of
Environmental Protection regarding State Park and Forest Recreation Areas and with any other
department policy concerning the operation of concessions
Page 9 of 10
12 Utilities and Suppliers For billing purposes with Concessionaires utility companies and
suppliers the Concessionaire shall always use the name referred to as the ldquoConcessionairerdquo or
ldquoContractorrdquo At no time shall the Concessionaire use the state parkrsquos name and address for billing
purposes
13 InsectVermin Control The Concessionaire is responsible for any insect andor vermin control
as determined by the local or state health departments or by the on-site Park Supervisor
14 Refuse Disposal The Concessionaire at hisher own expense shall be responsible for the
disposal and removal of all recyclables and trash generated by said concession operation
15 General Maintenance The Concessionaire shall be responsible for maintaining in a clean
sanitary and orderly manner the general area of the State Park in which the Concession is located
DEP representatives or designees may inspect the Concession area at any time
16 Exclusivity The Concessionaire shall have the exclusive right to sell food within the park in
which the Concessionaire is the Lessee with the exception of foods or goods which have prior written
approval for DEP sanctioned events where food andor goods may be sold by the event sponsor or their
authorized agents
17 Rights of Park Visitors The Concessionaire agrees that nothing contained in the terms of the
Concession Contract shall prevent visitors from bringing their own food for their use to the park and
cooking such food for themselves Park visitors may also pre-arrange for private catering services on
department properties with the approval of the on-site Park Supervisor These services may be
permitted with the condition that no financial transactions occur on-site
18 On-Site Staffing Whenever the concession is open for business the Concessionaire must have
present an employee who is a qualified on-site manager That manager must be knowledgeable in all
aspects of operating the concession business
19 Code of Conduct Due to the public service nature of the Concession the Concessionaire and all
employees of the Concessionaire shall conduct themselves in a courteous respectful and professional
manner with all members of the public
20 Appearance The Concessionaire and hisher employees shall be clean and neat in appearance
Wearing an item of uniform eg a shirt hat or badge identifying the name of the Concessionaire
employee or business is encouraged
21 Concession Location The Concessionaire agrees unless specifically authorized in writing by
DEP to do otherwise to confine all sales to the established concession building(s) and further to
confine all advertising to the interior of said concession building(s) In the case of motor vehicle or
better known ldquomobilerdquo concessions the Concessionaire will confine the advertising menu to a sign
either affixed in the most notable area of the vehicle for the public to read or with the Park
Supervisorrsquos approval a movable sign would be acceptable next to the mobile concession vehicle
22 Food Inspection An authorized representative of the DEP shall conduct an annual in-season
food inspection The Concessionaire shall provide a range of food and beverage items (which will
constitute one free meal) to the DEPrsquos representative for food-tasting purposes
23 Financial Reporting By November 15th
of each calendar year that this contract is in force the
Concessionaire shall submit a certified statement of annual gross receipts attested to by a Notary
Page 10 of 10
Public andor a Commissioner of the Superior Court to Department of Environmental Protection
Bureau of Outdoor Recreation State Parks Division 79 Elm Street Hartford CT 06106-5127
24 Revenue DEP shall not assume responsibility for revenue loss directly or indirectly attributable
to actions taken by the DEP resulting from weather or crowd conditions or acts of God Neither shall
DEP assume responsibility for revenue loss directly or indirectly attributable to attendance loss
weather conditions or other uncontrollable phenomena
25 Compliance The Concessionaire agrees to comply with the regulations of the Department of
Environmental Protection regarding State Park and Forest Recreation Areas and with any other
department policy concerning the operation of concessions
Page 10 of 10
Public andor a Commissioner of the Superior Court to Department of Environmental Protection
Bureau of Outdoor Recreation State Parks Division 79 Elm Street Hartford CT 06106-5127
24 Revenue DEP shall not assume responsibility for revenue loss directly or indirectly attributable
to actions taken by the DEP resulting from weather or crowd conditions or acts of God Neither shall
DEP assume responsibility for revenue loss directly or indirectly attributable to attendance loss
weather conditions or other uncontrollable phenomena
25 Compliance The Concessionaire agrees to comply with the regulations of the Department of
Environmental Protection regarding State Park and Forest Recreation Areas and with any other
department policy concerning the operation of concessions