request for proposals (rfp) management, operation and
TRANSCRIPT
REQUEST FOR PROPOSALS (RFP)
Management Operation and Maintenance of Eagle Landing State Park
RFP DEEP-BOR-06302020
Project Summary
The State of Connecticut Department of Energy and Environmental Protection (DEEP) is
seeking proposals from qualified boat charter businesses environmental educational
organizations or non-profit organizations with a water based mission for the management
operation and maintenance of a portion of the Eagle Landing State Park and associated
dockspiers located on the west bank of the Connecticut River immediately to the south of the
Route 82151 Swing Bridge in Haddam Connecticut Sport Fishing Charters will not be
considered for this Concession
Contract Term Five (5) years from the execution date of the Contract The contract may be
extended for an additional five (5) year period at the discretion of the DEEP and with the consent
of the Concessionaire
Submission Deadline
Letter of Intent to Apply must be received by 400 pm on July 20 2020
One clearly marked original and three (3) copies of each proposal and any attachments must
be delivered to DEEPrsquos Official Agency Contact listed below and date stamped no later than
400 pm on September 9 2020
DEEPrsquos Official Agency Contact
All applicationsmaterials must be submitted to and communications shall be with
Tenia Seay
DEEP ndash Bureau of Outdoor Recreation
Parks Division
79 Elm Street
Hartford CT 06106-5127
Phone (860) 424-3064
Fax (860) 424-4070
e-mail teniaseayctgov
Page 2 of 23
Table of Contents
1 Outline of Work 3
2 Required Qualifications 3
3 Review Criteria 3
4 Letter of Intent 3
5 RFP Timeline 4
6 Instructions for Proposers 4
A Required Format for Proposals 4
B Minimum Submission Requirements 6
C References 6
D Style Requirements 6
E Packaging and Labeling Requirements 6
F Inquiry Procedures 6
G Confidential Information 7
7 Communications Notice 7
8 Affidavits Concerning Gifts and Campaign Contributions 7
9 Iran Certification 7
10 Contract Compliance Requirements 7
11 RFP Conditions 8
12 Rights Reserved to DEEP 10
13 Agencyrsquos Standard Contract and Conditions 10
14 Park Descriptions 10
Page 3 of 23
1 Outline of Work
Proposals should clearly describe plans for the operation maintenance and development of the
property and piers for the duration of the proposed management agreement and address all items
delineated in Section 6 of this request for proposals
The Concessionaire will be responsible for all aspects of the boat charter operation including
equipment and supply requisition preparation and service of foods and beverages clean up and
trash disposal and compliance with any state or municipally mandated recycling plan for
designated recyclables generated by the operation Concessionaire responsibilities also include
but are not limited to insurance maintenance of the concession area and any other necessary
expenses that may arise during the operation of the concession The proposed concessionaire
will be responsible for compliance with all applicable federal state and municipal laws and
regulations for a boat charter operation including but not limited to environmental permits for
site improvements
2 Required Qualifications
Primary consideration will be given to those proposals emphasizing
bull Water-dependent uses as defined in Section 22a-93(15) of the Connecticut General
Statutes
bull Public environmental programs and the extent to which programs are offered to a diverse
citizenry
bull Investment of funds services including plans for infrastructure site maintenance and
security
bull A strong commitment to public involvement and
bull The long-term protection and enhancement of open space and Connecticut River
resources
3 Review Criteria
bull Ability to meet the terms described in ldquoAttachment Ardquo of the Sample Contract (enclosed)
bull The Concessionairersquos ability to do the specified work
bull The Concessionairersquos understanding of the project and its purpose and scope as
evidenced by the proposed approach and the level of effort
bull Availability and competence of personnel
bull Conformity with specifications contained herein
bull Demonstration of commitment to Affirmative Action by full compliance with the
regulations of the Commission on Human Rights and Opportunities (CHRO)
4 Letter of Intent
Any Proposer intending to respond to this RFP must complete and submit a Letter of Intent
(form attached) to the Official Agency Contact by US mail or facsimile not later than 400pm
on July 20 2020 As an original signature is required a letter of intent sent by e-mail will not
be accepted The letter of intent is non-binding in that the Proposer is not required to submit
an application Include a written statement that the Proposer has read and accepts the RFPrsquos
conditions (section 11) the agencyrsquos standard contract and conditions (sample contract
enclosed) and the Statersquos contract compliance requirements (Request for Proposals Section 13
Page 4 of 23
and Sample Contract Section 4) in their entirety and without amendment The statement must
be signed by the Proposer
5 RFP Timeline
The following timeline up to and including the deadline for submitting proposals shall be
changed only by an amendment to this RFP Dates after the deadline are target dates only
June 30 2020 RFP Released
July 20 2020 Letter of Intent Due
July 27 2020 Deadline for Questions
August 10 2020 Official Answers Released
September 9 2020 at 400 pm Deadline for Submitting Proposals
September 22 2020 Contractor Selection
September 29 2020 Start of Contract Negotiations
January 1 2021 Start of Contract
6 Instructions for Proposers
A Required Format for Proposals
All proposals must follow the required format below (or use Proposal Submission Form)
and address all requirements listed in the prescribed order using the prescribed numbering
system Failure to follow the required format may result in the disqualification of a
proposal
1) Contractor Information
a) Name of Proposer - Provide the ldquolegalrdquo name of the Proposer Note that if
Proposer is a Connecticut firm name must be exactly as registered with the
Secretary of State as listed on Concord located at httpwwwconcord-
sotsctgovCONCORDonlineeid=99ampsn=InquiryServlet Social Security or
FEIN will be required when the contract is drafted
b) Proposerrsquos Representatives The Proposer must designate an authorized
representative and one alternate who may speak and act on behalf of the Proposer
in all dealings with the agency if necessary Provide the following information for
each individual
(1) Contact Name and Title
(2) Business Location
(3) Mailing Address
(4) Telephone Number
(5) Fax Number
(6) E-mail Address (If Available)
(7) Normal business hours
Page 5 of 23
2) Outline of Work
a) Work Plan
Provide a detailed task-oriented breakdown for each activity in the Outline
of Work Proposers wishing to add activities to those specified in the
Outline of Work must show the additions as separately numbered tasks
b) Methodologies
Describe how each activity (task) will be accomplished providing a
detailed explanation of the procedures or processes that will be used to
attain the expected outcomes
c) Deliverables
List and describe the form and content of each deliverable (outcome)
Include a description of the proposed method of working with the agency
the resources or services requested of the agency (if any) and the proposed
method of receiving agency approval of deliverables
d) Schedule
Include a proposed work schedule by activity indicating when each
activity will be accomplished Identify any significant milestones or
deadlines Include due dates for all deliverables
e) Key Personnel
Identify the key personnel that will be assigned to this project Attach
resumes reflecting their qualifications including related work experience
[Note The Department must be notified in writing and in advance
regarding the departure of any key personnel from the project]
f) Proposed Cost
Include a cost proposal using the required format (below) Proposers must
submit all-inclusive fixed cost based on completion of entire project
Proposer must include both labor and materials in cost
The cost proposal must be prepared on one sheet of 8rdquox11rdquo white paper
The Proposerrsquos contact information must be printed at the top of the
proposal The original cost proposal and six duplicate copies must be placed
in an 8rdquox11rdquo envelope and sealed The Proposerrsquos contact information must
be printed on the envelope
Deliverable Fixed Cost
Task 1 $ xxxxxxx
Task 2 $ xxxxxxx
Task 3 $ xxxxxxx
Page 6 of 23
3) Conflict of Interest
Include a disclosure statement concerning any current business relationships
(within the last 3 years) that may pose a conflict of interest as defined by CGS sect
1-85
B Minimum Submission Requirements
At a minimum one original (clearly identified as such) and three (3) conforming copies of
each proposal must (1) be signed by the Proposer (2) be submitted before the deadline (3)
follow the required format (4) be complete (5) include the SEEC Form 10 as required
and (6) satisfy the packaging and labeling requirements Proposals that fail to meet these
minimum submission requirements may be disqualified and not reviewed further
C References
Include three letters of reference from recent clients Provide the following information
for each reference name title company address and phone number
D Style Requirements
Proposals must conform to the following requirements (1) be word processed or
typewritten (2) use font size of not less than 10 and not more than 12 points (3) have
margins of not less than 1rdquo on the top bottom and sides of all pages (4) be not more than
20 pages in length including any attachments (5) display the Proposerrsquos name and
Proposal on the header of each page (6) display page numbers at the bottom of each page
and (7) proposals and attachments be copied double sided DEEP requests that paper used
for printing and copying be composed of materials having at least 30 post consumer
content
E Packaging and Labeling Requirements
All proposals must be submitted in sealed envelopes or packages All proposals must be
addressed to the Official Agency Contact and have the RFP prominently displayed on
the envelope The name and address of the Proposer must appear in the upper left hand
corner of the envelope or package Proposals transmitted by facsimile will not be accepted
or reviewed
F Inquiry Procedures
Proposers may submit questions about the RFP to the Official Agency Contact on or before
July 27 2020 Questions must be in writing and submitted by US mail facsimile or e-
mail Questions will not be accepted over the telephone Anonymous questions will not
be answered The agency reserves the right to provide a combined answer to similar
questions The agency will distribute official answers to the questions in the form of a
written amendment not later than August 10 2020 to all Proposers who submitted a letter
of intent Any Proposer who has not received the amendment within two business days
following the distribution date may contact the Official Agency Contact by telephone to
request a copy
Page 7 of 23
G Confidential Information
Proposers are advised not to include in their proposals any proprietary information The
Connecticut Freedom of Information Act generally requires the disclosure of documents in
the possession of the State upon request of any citizen unless the content of the document
falls within certain categories of exemption
7 Communications Notice
All communications related to this RFP shall be with DEEPrsquos Official Agency Contact All
communications with the agency or any person representing this agency concerning this RFP
are strictly prohibited except as permitted by this RFP Any violation of this prohibition by
Proposers or their representatives may result in disqualification or other sanctions or both
8 Affidavits Concerning Gifts and Campaign Contributions
Proposers are advised that if selected an affidavit concerning gifts and campaign contributions
will be required to accompany any State contract with a value of $50000 or more in a calendar
or fiscal year The completed form is submitted by the contractor to the awarding State agency
at the time of contract execution The form is also used with a multi-year contract to update the
initial certification on an annual basis For the most current information and to view the
affidavit go to httpwwwctgovopmfinethics_forms
9 Iran Certification
Proposers are advised that no state agency or quasi-public agency shall enter into any large state
contract or amend or renew any such contract with any entity who (1) has failed to submit a
written certification indicating whether or not such entity has made a direct investment of
twenty million dollars or more in the energy sector of Iran on or after October 1 2013 as
described in Section 202 of the Comprehensive Iran Sanctions Accountability and Divestment
Act of 2010 or has increased or renewed such investment on or after said date or (2) has
submitted a written certification indicating that such entity has made such an investment on or
after October 1 2013 or has increased or renewed such an investment on or after said date
Each such certification shall be sworn as true to the best knowledge and belief of the entity
signing the certification subject to the penalties of false statement For the most current
information and to obtain various electronic formats of OPMrsquos Iran Certification Form 7 go to
httpwwwctgovopmfinethics_forms
Iran Certification Form 7 must be submitted for any large state contract as defined in section
4-250 of the Connecticut General Statutes Entities whose principal place of business is located
outside of the United States are required to complete the entire form including the certification
portion of the form United States subsidiaries of foreign corporations are exempt from having
to complete the certification portion of the form Those entities whose principal place of
business is located inside of the United States must also fill out the form but do not have to
complete the certification portion of the form
10 Contract Compliance Requirements
Provide evidence of the Proposerrsquos ability to meet the contract compliance requirements for one
or more of the following factors (1) success in implementing an affirmative action plan
Page 8 of 23
(2) success in developing an apprenticeship program complying with sectsect 46a-68-1 to 46a-68-
17 inclusive of the Regulations of Connecticut State Agencies (3) promise to develop and
implement a successful affirmative action plan (4) submission of Contract Compliance
Monitoring Report indicating that the composition of the Proposerrsquos workforce is at or near
parity in the relevant labor market area or (5) promise to set aside a portion of the contract for
legitimate minority business enterprises
Forms are available on the CHRO website The following table will assist in determining which
forms are required
Contract Amount Bidder Contract Compliance
Monitoring Report Required ndash
Affidavit for Certification of
Subcontractors as MBErsquos as applic
Affirmative Action
Plan Required
CHRO Requires
Pre Approval of
Affirmative Action
Plan
$0 - $4000 No No na
Non Public Works Contract
$400001 -
$24999999
Yes No na
$250000 or more Yes Yes No
Public Works Contract
$400001 - $50000 Yes No na
$5000001 - $500000 Yes Yes No
$50000001 or more Yes Yes Yes
The State of Connecticut is an Equal Opportunity and Affirmative Action employer and does
not discriminate in its hiring employment or business practices The State is committed to
complying with the Americans with Disabilities Act of 1990 (ADA) and does not discriminate
on the basis of disability in admission to access to or operation of its programs services or
activities
At the time of contract execution a fully executed non-discrimination certification will also be
required
11 RFP Conditions
A All proposals in response to this RFP are to be the sole property of DEEP Proposers
are encouraged not to include in their proposals any information that is proprietary All
materials associated with this procurement process are subject to the terms of State
laws defining freedom of information and privacy and all rules regulations and
interpretations resulting from those laws
B Any product whether acceptable or unacceptable developed under a contract awarded
as a result of the RFP is to be the sole property of DEEP
Page 9 of 23
C Timing and sequence of events resulting from this RFP will ultimately be determined
by DEEP
D The Proposer agrees that the proposal will remain valid for a period of 180 days after
the deadline for submission and may be extended beyond that time by mutual
agreement
E DEEP may amend or cancel this RFP prior to the due date and time if DEEP deems it
to be necessary appropriate or otherwise in the best interests of DEEP Failure to
acknowledge receipt of amendments in accordance with the instructions contained in
the amendments may result in a proposal not being considered
F The Proposer must certify that the personnel identified in its response to this RFP will
be the persons actually assigned to the project Any additions deletions or changes in
personnel assigned to the project must be approved by DEEP or its designee with the
exception of personnel who have terminated employment Replacements for personnel
who have terminated employment are subject to approval by DEEP or its designee At
its discretion DEEP may require the removal and replacement of any of the Proposers
personnel who do not perform adequately on the project regardless of whether they
were previously approved by DEEP
G Any costs and expenses incurred by Proposers in preparing or submitting proposals are
the sole responsibility of the Proposer
H A Proposer must be prepared to present evidence of experience ability service
facilities and financial condition necessary to satisfactorily meet the requirements set
forth or implied in the proposal
I No additions or changes to the original proposal will be allowed after submission
While changes are not permitted clarification of proposals may be required by DEEP
at the Proposerrsquos sole cost and expense
J The Proposer represents and warrants that the proposal is not made in connection with
any other Proposer and is in all respects fair and without collusion or fraud The
Proposer further represents and warrants that the Proposer did not participate in any
part of the RFP development process had no knowledge of the specific contents of the
RFP prior to its issuance and that no agent representative or employee of DEEP
participated directly in the Proposerrsquos proposal preparation
K All responses to the RFP must conform to instruction Failure to include any required
signatures provide the required number of copies to meet deadlines answer all
questions follow the required format or failure to comply with any other requirements
of this RFP may be considered appropriate cause for rejection of the response
L The contract will represent the entire agreement between the Proposer and DEEP and
will supersede all prior negotiations representations or agreements alleged or made
between the parties DEEP or the State shall assume no liability for payment of services
under the terms of the contract until the successful Proposer is notified that the contract
has been accepted and approved by DEEP and by the AGrsquos Office The contract may
be amended only by means of a written instrument signed by DEEP the Proposer and
the AGrsquos Office
Page 10 of 23
M Contractor shall interact with the United States Coast Guard (USCG) as required to
maintain the designation of the facility as a Public Access Facility including but not
limited to any periodic revalidation process requested by the USCG
12 Rights Reserved to DEEP
The DEEP reserves the right to award in part to reject any and all proposals in whole or in part
for misrepresentation or if the Proposer is in default of any prior State contract or if the
proposal limits or modifies any of the terms and conditions andor specifications of the RFP
The DEEP also reserves the right to waive technical defect irregularities and omissions if in
its judgment the best interest of DEEP will be served
DEEP reserves the right to correct inaccurate awards resulting from its clerical errors This
may include in extreme circumstances revoking the awarding of a contract already made to a
Proposer and subsequently awarding the contract to another Proposer Such action on the part
of DEEP shall not constitute a breach of contract on the part of DEEP since the contract with
the initial Proposer is deemed to be void from the beginning and of no effect as if no contract
ever existed between DEEP and the Proposer
13 Agencyrsquos Standard Contract and Conditions
The Proposer must accept DEEPrsquos standard contract language and conditions See Attachment
for Standard Contract Conditions
14 Park Descriptions
A Location
The Eagle Landing State Park property is located at 19 Bridge Road in Haddam
Connecticut and borders the western riverbank of the Connecticut River
B Access
Eagle Landing State Park can be accessed from the West following Route 9 to Exit 7(Rt
82 E) or from the East following Route 82 over the swing bridge
C Property Existing Conditions
The Eagle Landing property is approximately 16 acres and includes four (4) docks three
parking areas an access road a small outbuilding with a power supply and two butler-
style buildings in the northeastern corner of the property Approximately 20 acres on the
eastern portion of the site is flat and lies within the floodplain of the river It was
previously used as a parking area by the previous owner The parking lots are divided
into several distinct lots and are delineated by guardrails The lots can be gated off when
not in use During the spring thaw the property has had a history of being flooded in
areas for multiple days
The park has 1100 feet+ of frontage along the Connecticut River The Connecticut River
is navigable from Long Island Sound northward to Hartford Much of the Connecticut
River view shed is lined with trees and low-lying vegetation giving the river a
ldquowildernessrdquo feel The Connecticut River is the most popular recreational waterway in
Connecticut supporting thousands of cruising vessels and recreational boats and numerous
marinas It is also a very active commercial waterway with hundreds of barges traveling
Page 11 of 23
on the river supplying the fuel docks and tank farms with oil for the cities and towns in
the CT River Valley
The western portion of the property slopes upward to meet a rail line owned by the State
of Connecticut Department of Energy amp Environmental Protection and maintained and
operated by the Valley Railroad Company The Valley Railroad Company operates the
Essex Steam Train
The concession area is delineated by a yellow dashed line as shown on the attached
concession area map Beginning at the northern portion of the concession area the
following structuresinfrastructure are included in the concession contract One butler-
style building (westernmost butlerndashstyle building) Parking Lot 1 Docks1 and 2 use
of the access road use of small former ticket booth building with available power in the
successful proposerrsquos name and Dock 3
The area located to the south of the concession area is approximately 7+ acres but only 4
acres are developed The undeveloped parcel is proposed to become a public boat ramp
facility and is currently being analyzed for resource and engineering issues Included in
this parcel is Dock 4 and Parking Lots 2 and 3 While this property located to the
south of the concession area will not be part of the bid or agreement for Boat
DockingEducational purposes it will be offered to the successful proposer for use as a
docking facility under a short-term Special Use License This license will expire as soon
as construction on the boat ramp commences
It should be noted that the access road to the Eagle Landing property must be kept open
for access by the private residential properties to the south of Eagle Landing
D Existing Condition of Dock
A few minor repairs would help improve the condition of Docks 1 2 and 3 but all are
functioning and usable in their present condition Dock 4 which is not included in the
concession contract has sustained significant damage is not currently usable and is
considered a safety hazard The Concessionaire or Special Use License Holder would be
responsible to certify that the docks can safely secure the size vessel(s) to be used
throughout the duration of this concession The depth of the water on the river side of
the dock varies from 16 feet to 19 feet There is submerged aquatic vegetation between
the docks and the riverbank that may contain species of concern
Before the commencement of any dock maintenance activity to the 4 docks described
above DEEPrsquos Natural Diversity Data Base (NDDB shall be consulted and DEEPrsquos
Land amp Water Resources Division (LWRD) shall be contacted to determine if a permit is
required for such work
E Adjacent Uses
Northward The northern boundary of Eagle Landing State Park is a private home and
CT State Route 82 There is a fence between the State park and the private property The
Page 12 of 23
East Haddam Swing Bridge spans the Connecticut River just north of Dock 1 (See
Attachment D) Andrews Marina is situated on the north side of Route 82
Southward The southern boundary of Eagle Landing State Park is bounded by a
development of private cottages There is an unpaved road which provides residents of
these cottages access to their homes Vehicles utilizing the Boat Concession or the Boat
Ramp may not park along the shoulders of the road or block it in any way
F ZoningSurrounding Land Use
The Town of Haddam zoned this property as ldquoCommercialrdquo and also ldquoState Park amp
Forestrdquo Commercial Boating activities are permitted in the Commercial Zone Eagle
Landing State Park is bounded on both the north and south by a ldquoLow density
RuralResidential Zonerdquo The town recommends a vegetative buffer between Commercial
uses and Residential areas Overlying the entire parcel is the Federal Emergency
Management Administration (FEMA) 100-year Flood Plain zone FEMA requirements
must be applied to any new development so as not to exacerbate flooding events
G Connecticut River Gateway Commission
Eagle Landing lies within the CT River Gateway Conservation Zone
In 1973 the Connecticut General Assembly passed legislation allowing the establishment
of the Connecticut River Gateway Commission a state-local compact for the protection
of the Lower Connecticut River Valley Then and now this valley is widely recognized
as one of the most important natural recreational and scenic areas of the State of
Connecticut One year later in July 1974 the Commission became operational with the
Connecticut Department of Environmental Protection two regional planning agencies and
all eight eligible towns participating
The Gateway Conservation Zone which is the geographic focus of the Commissions
activities is approximately thirty miles in length and includes those portions of the eight
member towns (Chester Deep River East Haddam Essex Haddam Lyme Old Lyme
Old Saybrook) lying within view of the river In recent years it has become an area of
interest for a number of other environmental organizations as well The Nature
Conservancy has designated the Connecticut River Tidelands as one of its Last Great
Places the Connecticut Department of Energy amp Environmental Protection has obtained
the recognition of the rivers tidelands as internationally significant wetlands under the
terms of the International Ramsar Convention the Secretary of the US Department of
Interior has publicly recognized the lower Connecticut River valley as one of the most
important ecological landscapes in the United States and in 1999 the River was
designated as one of 14 American Heritage Rivers by the President of the United States
The mission of this Commission given to it by the Connecticut General Assembly nearly
two decades ago is to preserve the unique scenic ecological scientific and historic
values of the lower Connecticut River valley for the enjoyment of present and future
generations of Connecticut citizens
Page 13 of 23
Development beyond what has previously been permitted must be reviewed by the
Gateway Commission to ensure that it meets the mission and goals of the Gateway
Commission
H Limitations on the Site
A Hours of Operation Hours of Operation of the Concession shall be limited to Sunrise
until 200AM (0200 Hrs)
B Overnight Parking All vehicles must vacate the property by 200 AM (0200Hrs)
C Alcohol Service will be limited to the vessel No alcohol service shall be allowed on
the docks or in other locations on the property
D Amplified sound (bands DJ etc) with the exception of safety instructions shall
not commence until vessels have departed from the dock and must cease prior to final
docking
E Concession shall not sublet any part of the property unless approved by the
Department of Energy amp Environmental Protection
F No new structures shall be erected and no maintenance shall be done to the existing
docks unless approved in writing by the Commissioner or Designee of the
Department of Energy amp Environmental Protection and all applicable permits have
been obtained
Page 14 of 23
Maps of Site
Page 15 of 23
Page 16 of 23
LETTER OF INTENT TO SUBMIT A PROPOSAL
State of Connecticut
Department of Energy amp Environmental Protection
RFP for Eagle Landing State Park
Return to Tenia Seay
Department of Energy amp Environmental Protection
Bureau of Outdoor Recreation
79 Elm Street
Hartford CT 06106-5127
860-424-3064 (Phone)
860-424-4070 (FAX)
Return Deadline 400 pm July 20 2020
The individual firm or corporation below intends to submit a proposal in response to the above referenced RFP
Note This letter is a non-binding expression of interest and does not obligate the sender to submit a proposal
The individual firm or corporation below has reviewed and if selected accepts the agencyrsquos standard contract and
conditions (provided in the RFP) in their entirety and without amendment
Name
Mailing Address
Contact Person
Telephone
FAX
Signature
Title Date
Page 17 of 23
STATE OF CONNECTICUT
DEPARTMENT OF ENERGY AND ENVIRONMENTAL PROTECTION
BUREAU OF OUTDOOR RECREATION AND
CONNECTICUT STATE PARK AND FOREST RECREATION AREA
MOBILE FOOD AND BEVERAGE CONCESSION
THIS CONTRACT is made by and between the STATE OF CONNECTICUT acting herein by
the Commissioner of the Department of Energy and Environmental Protection hereinafter referred
to as Commissionerrdquo or DEEP or ldquoStaterdquo and [Insert Concessionaire] of the Town of
Waterbury and the state of Connecticut hereinafter referred to as the Concessionaire or
ldquoContractorrdquo
WITNESSETH
WHEREAS the Commissioner of Energy and Environmental Protection pursuant to Conn Gen
Stat 23-26 has the authority to enter into contractual relations with persons for the maintenance
of concessions and other sources of revenue to be derived from services to the general public using
state parks and
WHEREAS the Concessionaire desires to operate a Mobile Food and Beverage Concession
Service and render services to the public at
[Insert Name of Location]
NOW THEREFORE it is hereby agreed as follows
1 Mobile Food and Beverage Concession Service The Concessionaire agrees to operate a
Mobile Food and Beverage Concession Service at the above noted facility The Concessionaire
is responsible for all work included in this Contract Details regarding the Scope of Work are
included in Attachment A which is attached hereto and is hereby made a part of this contract
2 Duration The Commissioner hereby grants to the Concessionaire the exclusive right to
operate the above Mobile Food and Beverage Concession Service at the location identified for
the period commencing upon contract execution through [insert expiration date] At the
Commissionerrsquos sole discretion this contract may be renewed for up to [Insert number] years
without further competition
3 Payment In consideration of said rights and privileges the Concessionaire agrees to pay a
total of [insert amount] to the State of Connecticut due by [insert date] Payments shall be
made by check draft or money order payable to Treasurer State of Connecticut and
delivered or mailed to the Department of Energy and Environmental Protection Accounts
Receivable 79 Elm Street Hartford Connecticut 06106-5127
4 Nondisclosure Contactor shall not release any information concerning the services provided
pursuant to the Contract or any part thereof to any member of the public press business entity
or any official body unless prior written consent is obtained from the State
Page 18 of 23
STANDARD TERMS AND CONDITIONS (Rev 8302019)
1 Definitions
(a) State The State of Connecticut including the Department of Energy and Environmental Protection and
any office department board council commission institution or other agency of the State
(b) Commissioner The Commissioner of Energy and Environmental Protection or the Commissionerrsquos
designated agent
(c) Parties The Department of Energy and Environmental Protection (DEEP or Agency) and the Contractor
(d) Contractor Parties Contractor Parties shall be defined as a Contractorrsquos members directors officers
shareholders partners managers principal officers representatives agents servants consultants employees
or any one of them or any other person or entity with whom the Contractor is in privity of oral or written
contract and the Contractor intends for such other person or entity to Perform under the Contract in any
capacity To the extent that any Contractor Party is to participate or Perform in any way directly or indirectly
in connection with the Contract any reference in the Contract to the ldquoContractorrdquo shall also be deemed to
include ldquoContractor Partiesrdquo as if such reference had originally specifically included ldquoContractor Partiesrdquo
since it is the Partiesrsquo intent for the terms ldquoContractor Partiesrdquo to be vested with the same respective rights
and obligations as the terms ldquoContractorrdquo
(e) Contract This agreement as of its Effective Date between the Contractor and the State for any or all
goods or services as more particularly described in Appendix A
(f) Execution This contract shall be fully executed when it has been signed by authorized representatives
of the parties and if it is for an amount of Twenty-five thousand dollars ($2500000) or more by the
authorized representative of the state Attorney Generals office
(g) Exhibits All attachments appendices or exhibits referred to in and attached to this Contract are
incorporated in this Contract by such reference and shall be deemed to be a part of it as if they had been fully
set forth in it
(h) Records For the purposes of this Contract records are defined as all working papers and such other
information and materials as may have been accumulated by the Contractor in performing the Contract
including but not limited to documents data plans books computations drawings specifications notes
reports records estimates summaries and correspondence kept or stored in any form
(i) Confidential Information Confidential Information shall mean any name number or other information
that may be used alone or in conjunction with any other information to identify a specific individual
including but not limited to such individuals name date of birth mothers maiden name motor vehicle
operators license number Social Security number employee identification number employer or taxpayer
identification number alien registration number government passport number health insurance
identification number demand deposit account number savings account number credit card number debit
card number or unique biometric data such as fingerprint voice print retina or iris image or other unique
physical representation Without limiting the foregoing Confidential Information shall also include any
information that the Department classifies as ldquoconfidentialrdquo or ldquorestrictedrdquo Confidential Information shall
not include information that may be lawfully obtained from publicly available sources or from federal state
or local government records which are lawfully made available to the general public
(j) Confidential Information Breach Confidential Information Breach shall mean generally an instance
where an unauthorized person or entity accesses Confidential Information in any manner including but not
limited to the following occurrences (1) any Confidential Information that is not encrypted or protected is
misplaced lost stolen or in any way compromised (2) one or more third parties have had access to or taken
control or possession of any Confidential Information that is not encrypted or protected without prior written
authorization from the State (3) the unauthorized acquisition of encrypted or protected Confidential
Information together with the confidential process or key that is capable of compromising the integrity of the
Confidential Information or (4) if there is a substantial risk of identity theft or fraud to the client the
Contractor the Department or State
Page 19 of 23
(k) Claim Claim shall mean all actions suits claims demands investigations and proceedings of any kind
open pending or threatened whether mature unmatured contingent known or unknown at law or in equity
in any forum
2 Forum and Choice of Law The parties deem the Contract to have been made in the City of Hartford State of
Connecticut Both parties agree that it is fair and reasonable for the validity and construction of the Contract
to be and it shall be governed by the laws and court decisions of the State of Connecticut without giving effect
to its principles of conflicts of laws To the extent that any immunities provided by Federal law or the laws of
the State of Connecticut do not bar an action against the State and to the extent that these courts are courts of
competent jurisdiction for the purpose of venue the complaint shall be made returnable to the Judicial District
of Hartford only or shall be brought in the United States District Court for the District of Connecticut only and
shall not be transferred to any other court provided however that nothing here constitutes a waiver or
compromise of the sovereign immunity of the State of Connecticut The Contractor waives any objection which
it may now have or will have to the laying of venue of any Claims in any forum and further irrevocably submits
to such jurisdiction in any suit action or proceeding
3 Termination
(a) Notwithstanding any provisions in this Contract the Agency through a duly authorized employee may
Terminate the Contract whenever the Agency makes a written determination that such Termination is in
the best interests of the State The Agency shall notify the Contractor in writing of Termination pursuant
to this section which notice shall specify the effective date of Termination and the extent to which the
Contractor must complete its Performance under the Contract prior to such date
(b) Notwithstanding any provisions in this Contract the Agency through a duly authorized employee may
after making a written determination that the Contractor has breached the Contract Terminate the
Contract in accordance with the provisions in the Breach section of this Contract
(c) The Agency shall send the notice of Termination via certified mail return receipt requested to the
Contractor at the most current address which the Contractor has furnished to the Agency for purposes of
correspondence or by hand delivery Upon receiving the notice from the Agency the Contractor shall
immediately discontinue all services affected in accordance with the notice undertake all commercially
reasonable efforts to mitigate any losses or damages and deliver to the Agency all Records The Records
are deemed to be the property of the Agency and the Contractor shall deliver them to the Agency no later
than thirty (30) days after the Termination of the Contract or fifteen (15) days after the Contractor
receives a written request from the Agency for the Records The Contractor shall deliver those Records
that exist in electronic magnetic or other intangible form in a non-proprietary format such as but not
limited to ASCII or TXT
(d) Upon receipt of a written notice of Termination from the Agency the Contractor shall cease operations
as the Agency directs in the notice and take all actions that are necessary or appropriate or that the
Agency may reasonably direct for the protection and preservation of the Goods and any other property
Except for any work which the Agency directs the Contractor to Perform in the notice prior to the
effective date of Termination and except as otherwise provided in the notice the Contractor shall
terminate or conclude all existing subcontracts and purchase orders and shall not enter into any further
subcontracts purchase orders or commitments
(e) The Agency shall within forty-five (45) days of the effective date of Termination reimburse the
Contractor for its Performance rendered and accepted by the Agency in addition to all actual and
reasonable costs incurred after Termination in completing those portions of the Performance which the
notice required the Contractor to complete However the Contractor is not entitled to receive and the
Agency is not obligated to tender to the Contractor any payments for anticipated or lost profits Upon
request by the Agency the Contractor shall assign to the Agency or any replacement contractor which
the Agency designates all subcontracts purchase orders and other commitments deliver to the Agency
all Records and other information pertaining to its Performance and remove from State premises
whether leased or owned all of Contractorrsquos property equipment waste material and rubbish related to
its Performance all as the Agency may request
(f) For breach or violation of any of the provisions in the section concerning Representations and
Warranties the Agency may Terminate the Contract in accordance with its terms and revoke any
consents to assignments given as if the assignments had never been requested or consented to without
liability to the Contractor or Contractor Parties or any third party
(g) Upon Termination of the Contract all rights and obligations shall be null and void so that no party shall
Page 20 of 23
have any further rights or obligations to any other party except with respect to the sections which survive
Termination All representations warranties agreements and rights of the parties under the Contract
shall survive such Termination to the extent not otherwise limited in the Contract and without each one
of them having to be specifically mentioned in the Contract
(h) Termination of the Contract pursuant to this section shall not be deemed to be a breach of contract by
the Agency
4 Indemnification
(a) The Contractor shall indemnify defend and hold harmless the State and its officers representatives
agents servants employees successors and assigns from and against any and all (1) Claims arising
directly or indirectly in connection with the Contract including the acts of commission or omission
(collectively the Acts) of the Contractor or Contractor Parties and (2) liabilities damages losses
costs and expenses including but not limited to attorneys and other professionals fees arising directly
or indirectly in connection with Claims Acts or the Contract The Contractor shall use counsel
reasonably acceptable to the State in carrying out its obligations under this section The Contractorrsquos
obligations under this section to indemnify defend and hold harmless against Claims includes Claims
concerning confidentiality of any part of or all of the Contractorrsquos bid proposal or any Records any
intellectual property rights other proprietary rights of any person or entity copyrighted or uncopyrighted
compositions secret processes patented or unpatented inventions articles or appliances furnished or
used in the Performance
(b) The Contractor shall not be responsible for indemnifying or holding the State harmless from any liability
arising due to the negligence of the State or any other person or entity acting under the direct control or
supervision of the State
(c) The Contractor shall reimburse the State for any and all damages to the real or personal property of the
State caused by the Acts of the Contractor or any Contractor Parties The State shall give the Contractor
reasonable notice of any such Claims
(d) The Contractorrsquos duties under this section shall remain fully in effect and binding in accordance with the
terms and conditions of the Contract without being lessened or compromised in any way even where
the Contractor is alleged or is found to have merely contributed in part to the Acts giving rise to the
Claims andor where the State is alleged or is found to have contributed to the Acts giving rise to the
Claims
(e) The Contractor shall carry and maintain at all times during the term of the Contract and during the time
that any provisions survive the term of the Contract sufficient general liability insurance to satisfy its
obligations under this Contract The Contractor shall cause the State to be named as an additional insured
on the policy and shall provide (1) a certificate of insurance (2) the declaration page and (3) the
additional insured endorsement to the policy to the State and the Client Agency all in an electronic format
acceptable to the State prior to the Effective Date of the Contract evidencing that the State is an additional
insured The Contractor shall not begin Performance until the delivery of these three documents to the
Client Agency Contractor shall provide an annual electronic update of the three documents to the Client
Agency and the State on or before each anniversary of the Effective Date during the Contract term State
shall be entitled to recover under the insurance policy even if a body of competent jurisdiction determines
that State is contributorily negligent
(f) This section shall survive the Termination of the Contract and shall not be limited by reason of any
insurance coverage
5 Sovereign Immunity The parties acknowledge and agree that nothing in the Solicitation or the Contract shall
be construed as a modification compromise or waiver by the State of any rights or defenses of any immunities
provided by Federal law or the laws of the State of Connecticut to the State or any of its officers and employees
which they may have had now have or will have with respect to all matters arising out of the Contract To the
extent that this section conflicts with any other section this section shall govern
6 Protection of Confidential Information Contractor and Contractor Parties at their own expense have a duty to
and shall protect from a Confidential Information Breach any and all Confidential Information which they come
to possess or control wherever and however stored or maintained in a commercially reasonable manner in
accordance with current industry standards
(b) Each Contractor or Contractor Party shall develop implement and maintain a comprehensive data -
security program for the protection of Confidential Information The safeguards contained in such
Page 21 of 23
program shall be consistent with and comply with the safeguards for protection of Confidential
Information and information of a similar character as set forth in all applicable federal and state law
and written policy of the Agency or State concerning the confidentiality of Confidential Information
Such data-security program shall include but not be limited to the following
(1) A security policy for employees related to the storage access and transportation of data containing
Confidential Information
(2) Reasonable restrictions on access to records containing Confidential Information including access
to any locked storage where such records are kept
(3) A process for reviewing policies and security measures at least annually
(4) Creating secure access controls to Confidential Information including but not limited to passwords
and
(5) Encrypting of Confidential Information that is stored on laptops portable devices or being
transmitted electronically
(c) The Contractor and Contractor Parties shall notify the Agency and the Connecticut Office of the Attorney
General as soon as practical but no later than twenty-four (24) hours after they become aware of or
suspect that any Confidential Information which Contractor or Contractor Parties have come to possess
or control has been subject to a Confidential Information Breach If a Confidential Information Breach
has occurred the Contractor shall within three (3) business days after the notification present a credit
monitoring and protection plan to the Commissioner of Administrative Services the Agency and the
Connecticut Office of the Attorney General for review and approval Such credit monitoring or
protection plan shall be made available by the Contractor at its own cost and expense to all individuals
affected by the Confidential Information Breach Such credit monitoring or protection plan shall include
but is not limited to reimbursement for the cost of placing and lifting one (1) security freeze per credit
file pursuant to Connecticut General Statutes sect 36a-701a Such credit monitoring or protection plans
shall be approved by the State in accordance with this Section and shall cover a length of time
commensurate with the circumstances of the Confidential Information Breach The Contractorsrsquo costs
and expenses for the credit monitoring and protection plan shall not be recoverable from the Agency
any State of Connecticut entity or any affected individuals
(d) The Contractor shall incorporate the requirements of this Section in all subcontracts requiring each
Contractor Party to safeguard Confidential Information in the same manner as provided for in this
Section
(e) Nothing in this Section shall supersede in any manner Contractorrsquos or Contractor Partyrsquos obligations
pursuant to HIPAA or the provisions of this Contract concerning the obligations of the Contractor as a
Business Associate of Covered Entity
7 Executive Orders This Contract is subject to the provisions of Executive Order No Three of Governor Thomas
J Meskill promulgated June 16 1971 concerning labor employment practices Executive Order No Seventeen
of Governor Thomas J Meskill promulgated February 15 1973 concerning the listing of employment
openings and Executive Order No Sixteen of Governor John G Rowland promulgated August 4 1999
concerning violence in the workplace all of which are incorporated into and are made a part of the Contract as
if they had been fully set forth in it The Contract may also be subject to Executive Order No 14 of Governor
M Jodi Rell promulgated April 17 2006 concerning procurement of cleaning products and services and to
Executive Order No 49 of Governor Dannel P Malloy promulgated May 22 2015 mandating disclosure of
certain gifts to public employees and contributions to certain candidates for office If Executive Order 14 andor
Executive Order 49 are applicable they are deemed to be incorporated into and are made a part of the Contract
as if they had been fully set forth in it At the Contractorrsquos request the Client Agency or DAS shall provide a
copy of these orders to the Contractor
8 State Liability The State of Connecticut shall assume no liability for payment for services under the terms of
this agreement until the contractor is notified that this agreement has been accepted by the contracting agency
and if applicable approved by the Office of Policy and Management (OPM) or the Department of
Administrative Services (DAS) and by the Attorney General of the State of Connecticut
9 Distribution of Materials The Contractor shall obtain written approval from the Commissioner prior to the
distribution or publication of any materials prepared under the terms of this Contract Such approval shall not
be unreasonably withheld
10 Change in Principal Project Staff Any changes in the principal project staff must be requested in writing and
approved in writing by the Commissioner at the Commissionerrsquos sole discretion In the event of any
Page 22 of 23
unapproved change in principal project staff the Commissioner may in the Commissionerrsquos sole discretion
terminate this Contract
11 Further Assurances The Parties shall provide such information execute and deliver any instruments and
documents and take such other actions as may be necessary or reasonably requested by the other Party which
are not inconsistent with the provisions of this Contract and which do not involve the vesting of rights or
assumption of obligations other than those provided for in the Contract in order to give full effect to the
Contract and to carry out the intent of the Contract
12 Third Party Participation The Contractor may make sub-awards using either its own competitive selection
process or the values established in the statersquos competitive selection process as outlined in DAS General Letter
71 whichever is more restrictive to conduct any of the tasks in the Scope of Work contained in Appendix A
The Contractor shall advise the Commissioner of the proposed sub-awardee and the amount allocated at least
two (2) weeks prior to the making of such awards The Commissioner reserves the right to disapprove such
awards if they appear to be inconsistent with the program activities to be conducted under this grant As
required by Sec 46a-68j-23 of the Connecticut Regulations of State Agencies the Contractor must make a good
faith effort based upon the availability of minority business enterprises in the labor market area to award a
reasonable proportion of all subcontracts to such enterprises When minority business enterprises are selected
the Contractor shall provide DEEP with a copy of the Affidavit for Certification of Subcontractors as Minority
Business Enterprises (MBE) along with a copy of the purchase order or contract engaging the Subcontractor
The Contractor shall be the sole point of contact concerning the management of the Contract including
performance and payment issues The Contractor is solely and completely responsible for adherence by any
subcontractor to all the applicable provisions of the Contract
13 Americans with Disabilities Act The Contractor shall be and remain in compliance with the Americans with
Disabilities Act of 1990 (ldquoActrdquo) to the extent applicable during the term of the Contract The DEEP may
cancel the Contract if the Contractor fails to comply with the Act
14 Affirmative Action and Sexual Harassment Policies The Contractor agrees to comply with the Departments
Affirmative Action and Sexual Harassment Policies available on DEEPrsquos web site Hard copies of the policy
statements are available upon request at DEEP
15 Breach If either Party breaches the Contract in any respect the non-breaching Party shall provide written
notice of the breach to the breaching Party and afford the breaching Party an opportunity to cure within ten (10)
days from the date that the breaching Party receives the notice In the case of a Contractor breach any other
time period which the Agency sets forth in the notice shall trump the ten (10) days The right to cure period
shall be extended if the non-breaching Party is satisfied that the breaching Party is making a good faith effort
to cure but the nature of the breach is such that it cannot be cured within the right to cure period The notice
may include an effective Contract Termination date if the breach is not cured by the stated date and unless
otherwise modified by the non-breaching Party in writing prior to the Termination date no further action shall
be required of any Party to effect the Termination as of the stated date If the notice does not set forth an
effective Contract Termination date then the non-breaching Party may Terminate the Contract by giving the
breaching Party no less than twenty four (24) hours prior written notice If the Agency believes that the
Contractor has not performed according to the Contract the Agency may withhold payment in whole or in part
pending resolution of the Performance issue provided that the Agency notifies the Contractor in writing prior
to the date that the payment would have been due
16 Severability If any term or provision of the Contract or its application to any person entity or circumstance
shall to any extent be held to be invalid or unenforceable the remainder of the Contract or the application of
such term or provision shall not be affected as to persons entities or circumstances other than those as to whom
or to which it is held to be invalid or unenforceable Each remaining term and provision of the Contract shall
be valid and enforced to the fullest extent possible by law
17 The Town Guarantee The Town shall furnish adequate protection from damage for all work and to repair any
damage of any kind for which he or his workmen are responsible to premises or any equipment to his own
work or to the work of the Agency pay for all permits licenses and fees and to give all notices and comply
with all laws ordinances rules and regulations of the city state and federal government
18 Force Majeure The Parties shall not be excused from their obligation to perform in accordance with the
Contract except in the case of Force Majeure events and as otherwise provided for in the Contract A Force
Majeure event materially affects the cost of the Goods or Services or the time schedule for performance and is
outside the control nor caused by the Parties In the case of any such exception the nonperforming Party shall
give immediate written notice to the other explaining the cause and probable duration of any such
Page 23 of 23
nonperformance
19 Entirety of Contract The Contract is the entire agreement between the Parties with respect to its subject matter
and supersedes all prior agreements proposals offers counteroffers and understandings of the Parties whether
written or oral The Contract has been entered into after full investigation neither Party relying upon any
statement or representation by the other unless such statement or representation is specifically embodied in the
Contract
20 Interpretation The Contract contains numerous references to statutes and regulations For purposes of
interpretation conflict resolution and otherwise the content of those statutes and regulations shall govern over
the content of the reference in the Contract to those statutes and regulations
A-1
Attachment A
Scope of Work
Mobile Food and Beverage Concession Services
1 Insurance The Concessionaire shall furnish evidence of insurance A Certificate of Insurance
covering each annual period of this contract shall reflect the following limits and shall be submitted
by the Concessionaire to the Department of Energy and Environmental Protection by April 1 of each
year this contract is in effect
a Commercial General Liability insurance providing a total limit of $1000000 for all damages
arising from bodily injury to or death of all persons in any accident or occurrence and for all
damages arising from the destruction of or damage to property in any one accident or occurrence
In cases where any insurance policy shows an aggregate limit the aggregate shall apply solely to
the concession operation or the aggregate limit shall be not less than $2000000
b The operation of all motor vehicles including those hired or borrowed used in connection with
this contract shall be covered by Automobile Liability insurance providing for a total limit of
$1000000 for all damages arising from bodily injuries to or death of all persons in any one
accident or occurrence and for all damages arising from the destruction of or damage to property
in any one accident or occurrence In cases where any insurance policy shows an aggregate limit
the aggregate shall apply solely to the concession operation or the aggregate limit shall be not less
than $2000000
c The Concessionaire shall carry Workerrsquos Compensation insurance in accordance with the
requirements of the laws of the State of Connecticut
d Said coveragersquos are to be provided by insurance companies licensed by the State of Connecticut
e Any deductibles or self-insured retentions must be declared and approved by the State
f The State of Connecticut shall be listed as an Additional Insured on all required coverage
2 Commodities and Price List
a The Concessionaire shall be allowed to sell food and beverages as approved in advance by the
Commissioner
b The Concessionaire shall be allowed to sell souvenirs and other outdoor recreation related
merchandise hereinafter referred to collectively as merchandise as approved in advance by the
Commissioner
c By April 1 of each year that this contract is in effect the Concessionaire shall submit for approval
a price list of all foods beverages and merchandise for sale hereinafter referred to collectively as
commodities to the Department of Energy and Environmental Protection Bureau of Outdoor
Recreation Division of State Parks and Public Outreach 79 Elm Street Hartford CT 06106-5127
d Any price increases or additions of commodities are subject to the prior written approval of the
Commissioner
e The Concessionaire shall post a price list of all commodities for sale in full public view while in
operation
f Whenever the park name is used on merchandise the complete park name shall be used
g The Concessionaire warrants that all commodities offered for sale shall not exceed in price nor be
substandard in quality or quantity to like commodities sold in the surrounding community
A-2
3 Sunscreen All concession operations in a park having a designated swimming area shall have
sunscreen with a Sun Protection Factor (SPF) of at least 15 for adults and 45 for children available for
sale to the general public
4 Use of Biodegradable Products To the extent practicable the Concessionaire agrees to use
recyclable and biodegradable products and packaging in all of its operations ie paper products or
products containing recycled contents The Concessionaire agrees to not dispense food or beverages
in close-celled foam-based containers
5 Prohibitions The Concessionaire shall not
a dispense food or beverages in glass containers
b dispense alcoholic beverages
c sell snorkels beach balls rafts or other inflatable or buoyant devices except US Coast Guard
approved personal flotation devices (PFDs)
d permit gratuities to employees of the State of Connecticut
e provide video or pinball games
6 Hours of Operation
a The Concessionaire may operate the Concession daily between 800 am and sunset on any day
that this contract is in effect
b From the Saturday before Memorial Day through July 4th the Concessionaire shall open the
concession on Saturdays Sundays and holidays not later than 1100 am except during inclement
weather and the concession shall remain open at least until three hours before but not later than
sunset
c From July 4th through Labor Day the Concessionaire shall open the concession daily not later than
1100 am except during inclement weather and the concession shall remain open at least until
three hours before but not later than sunset
d Deviations from the above stated schedules are allowable but must receive advanced approval in
writing from the Park and Recreation Supervisor
e When closing due to inclement weather the Concessionaire shall immediately notify the Park and
Recreation Supervisor The Concessionaire shall keep in the concession vehicle at all times a log
of all closures due to inclement weather and it shall be immediately available to the Park and
Recreation Supervisor upon request for inspection
f Within 30 days of closing the concession for the season but in no case later than December 31 of
each calendar year that this contract is in effect the Concessionaire shall submit an Annual
Inclement Weather Closure Report to the Park and Recreation Supervisor
7 Health Department Inspections The Concessionaire is responsible for scheduling inspections by
the appropriate local health department prior to April 15th of each year this contract is in effect The
Concessionaire is responsible for and shall directly pay for any fees charged for such inspections
8 Health Department Permit The Concessionaire will annually obtain a ldquopermit to sellrdquo from the local
health department and submit a copy of said permit to the DEEP Division of State Parks amp Public
Outreach not later than April 30th of each year this contract is in effect Other Permits The
Concessionaire shall be solely responsible for securing any other licenses permits approvals or
waivers required by any other federal state regional or municipal authority having jurisdiction in the
town(s) in which the Concession is located
9 State Property The Concessionaire shall install no fixed equipment nor make any physical changes
to state property without the prior written approval of DEEP Any improvements or permanent fixtures
approved by the DEEP and provided by the Concessionaire during the term of this contract shall
immediately become the property of the State of Connecticut
A-3
10 Public Health Code The Concessionaire agrees to conform to the Public Health Code of the State of
Connecticut concerning the storage handling and vending of food
11 Refuse Disposal The Concessionaire at its sole expense shall be responsible for the proper disposal
and removal of all recyclables and trash generated by operation of the concession For additional
information see the DEEP website for Managing Waste and Recycling at Special Events and Other
Venues the direct URL address for which is
httpwwwctgovdepcwpviewaspa=2714ampq=434054ampdepNav_GID=1645
12 General Maintenance The Concessionaire shall be responsible for maintaining the Concession area
in a clean sanitary and orderly manner
13 Exclusivity With the exception of vending machines and commodities having prior written approval
for DEEP sanctioned events including but not limited to events authorized by a Special Use License
the Concessionaire shall have the exclusive right to sell commodities within the property named
herein
14 Vending Machines The State of Connecticut Board of Education and Services for the Blind (BESB)
shall have exclusive rights to vending machines on the premises of the concessions and other
authorized areas within the park or forest for the purpose of vending foods and beverages and to collect
receipts there from provided that the number and locations of such vending machines shall receive
prior written approval from a representative of the DEEP
15 Rights of Park Visitors The Concessionaire agrees that nothing contained in the terms of this
contract shall prevent visitors from bringing food to the park and preparing such food for personal
consumption including dispensing such food at no charge to other park visitors Park visitors may
also utilize private catering services with advanced written approval of the Park and Recreation
Supervisor Said catering services may only be permitted with the condition that no financial
transactions occur on DEEP property
16 Concession Staffing The concession shall be staffed only by the Concessionaire or its employee(s)
or other agents identified herein unless otherwise authorized by the Commissioner in writing
17 Code of Conduct Due to the public service nature of the Concession the Concessionaire and all
employees of the Concessionaire shall conduct themselves in a courteous respectful and professional
manner with all members of the public
18 Appearance The Concessionaire and its employees shall be clean and neat in appearance Wearing
an item of uniform eg a shirt hat or badge identifying the name of the Concessionaire employee or
business is encouraged
19 Audible Devices The Concessionaire shall activate audible devices (loudspeakers music bells etc)
only in accordance with instructions provided by the Park and Recreation Supervisor Instructions are
subject to change immediately at the discretion of the Park and Recreation Supervisor
20 Concession Location Unless authorized by the Park and Recreation Supervisor to do otherwise the
Concessionaire agrees to
a identify all park-and-sit locations or drive-through routes on a park map
b confine all concession operations to the designated Concession areas
c confine all sales and advertising to the concession vehicle
d provide garbage and recycling receptacles for customer use
21 Food Inspection An authorized representative of the Commissioner may conduct an unannounced
in-season food inspection once per calendar year Upon request the Concessionaire shall provide a
A-4
range of food and beverage items proportionate to one meal to the Commissionerrsquos
representative for food-tasting purposes
22 Financial Reporting Within 30 days of closing the Concession for the season but in no case
later than December 31 of each calendar year that this contract is in effect the Concessionaire
shall submit a certified statement of annual gross receipts attested to by a Notary Public or a
Commissioner of the Superior Court to Department of Energy and Environmental Protection
Bureau of Outdoor Recreation Division of State Parks and Public Outreach 79 Elm Street
Hartford CT 06106-5127
23 Revenue DEEP shall have no responsibility for revenue loss directly or indirectly attributable
to DEEP management actions including but not limited to changes in park or campground
schedules or operations or in services provided to the visiting public DEEP shall have no
responsibility for revenue loss directly or indirectly attributable to uncontrollable phenomena
including but not limited to attendance loss weather conditions or other Acts of God
24 Compliance The Concessionaire agrees to comply with the regulations of the Department of
Energy and Environmental Protection regarding State Park and Forest Recreation Areas and
with any other department policy concerning the operation of concessions
The parties have hereunto set their hands
SIGNED AND DELIVERED below
STATE OF CONNECTICUT
Department of Energy and Environmental
Protection
CONCESSIONAIRE
BY BY
Date Date
Contract ______________
Acct Fund SID DeptId Prog Project Bud
Ref Amount
Funds available Date
Attorney General (Approved as to Form) Date
Page 2 of 23
Table of Contents
1 Outline of Work 3
2 Required Qualifications 3
3 Review Criteria 3
4 Letter of Intent 3
5 RFP Timeline 4
6 Instructions for Proposers 4
A Required Format for Proposals 4
B Minimum Submission Requirements 6
C References 6
D Style Requirements 6
E Packaging and Labeling Requirements 6
F Inquiry Procedures 6
G Confidential Information 7
7 Communications Notice 7
8 Affidavits Concerning Gifts and Campaign Contributions 7
9 Iran Certification 7
10 Contract Compliance Requirements 7
11 RFP Conditions 8
12 Rights Reserved to DEEP 10
13 Agencyrsquos Standard Contract and Conditions 10
14 Park Descriptions 10
Page 3 of 23
1 Outline of Work
Proposals should clearly describe plans for the operation maintenance and development of the
property and piers for the duration of the proposed management agreement and address all items
delineated in Section 6 of this request for proposals
The Concessionaire will be responsible for all aspects of the boat charter operation including
equipment and supply requisition preparation and service of foods and beverages clean up and
trash disposal and compliance with any state or municipally mandated recycling plan for
designated recyclables generated by the operation Concessionaire responsibilities also include
but are not limited to insurance maintenance of the concession area and any other necessary
expenses that may arise during the operation of the concession The proposed concessionaire
will be responsible for compliance with all applicable federal state and municipal laws and
regulations for a boat charter operation including but not limited to environmental permits for
site improvements
2 Required Qualifications
Primary consideration will be given to those proposals emphasizing
bull Water-dependent uses as defined in Section 22a-93(15) of the Connecticut General
Statutes
bull Public environmental programs and the extent to which programs are offered to a diverse
citizenry
bull Investment of funds services including plans for infrastructure site maintenance and
security
bull A strong commitment to public involvement and
bull The long-term protection and enhancement of open space and Connecticut River
resources
3 Review Criteria
bull Ability to meet the terms described in ldquoAttachment Ardquo of the Sample Contract (enclosed)
bull The Concessionairersquos ability to do the specified work
bull The Concessionairersquos understanding of the project and its purpose and scope as
evidenced by the proposed approach and the level of effort
bull Availability and competence of personnel
bull Conformity with specifications contained herein
bull Demonstration of commitment to Affirmative Action by full compliance with the
regulations of the Commission on Human Rights and Opportunities (CHRO)
4 Letter of Intent
Any Proposer intending to respond to this RFP must complete and submit a Letter of Intent
(form attached) to the Official Agency Contact by US mail or facsimile not later than 400pm
on July 20 2020 As an original signature is required a letter of intent sent by e-mail will not
be accepted The letter of intent is non-binding in that the Proposer is not required to submit
an application Include a written statement that the Proposer has read and accepts the RFPrsquos
conditions (section 11) the agencyrsquos standard contract and conditions (sample contract
enclosed) and the Statersquos contract compliance requirements (Request for Proposals Section 13
Page 4 of 23
and Sample Contract Section 4) in their entirety and without amendment The statement must
be signed by the Proposer
5 RFP Timeline
The following timeline up to and including the deadline for submitting proposals shall be
changed only by an amendment to this RFP Dates after the deadline are target dates only
June 30 2020 RFP Released
July 20 2020 Letter of Intent Due
July 27 2020 Deadline for Questions
August 10 2020 Official Answers Released
September 9 2020 at 400 pm Deadline for Submitting Proposals
September 22 2020 Contractor Selection
September 29 2020 Start of Contract Negotiations
January 1 2021 Start of Contract
6 Instructions for Proposers
A Required Format for Proposals
All proposals must follow the required format below (or use Proposal Submission Form)
and address all requirements listed in the prescribed order using the prescribed numbering
system Failure to follow the required format may result in the disqualification of a
proposal
1) Contractor Information
a) Name of Proposer - Provide the ldquolegalrdquo name of the Proposer Note that if
Proposer is a Connecticut firm name must be exactly as registered with the
Secretary of State as listed on Concord located at httpwwwconcord-
sotsctgovCONCORDonlineeid=99ampsn=InquiryServlet Social Security or
FEIN will be required when the contract is drafted
b) Proposerrsquos Representatives The Proposer must designate an authorized
representative and one alternate who may speak and act on behalf of the Proposer
in all dealings with the agency if necessary Provide the following information for
each individual
(1) Contact Name and Title
(2) Business Location
(3) Mailing Address
(4) Telephone Number
(5) Fax Number
(6) E-mail Address (If Available)
(7) Normal business hours
Page 5 of 23
2) Outline of Work
a) Work Plan
Provide a detailed task-oriented breakdown for each activity in the Outline
of Work Proposers wishing to add activities to those specified in the
Outline of Work must show the additions as separately numbered tasks
b) Methodologies
Describe how each activity (task) will be accomplished providing a
detailed explanation of the procedures or processes that will be used to
attain the expected outcomes
c) Deliverables
List and describe the form and content of each deliverable (outcome)
Include a description of the proposed method of working with the agency
the resources or services requested of the agency (if any) and the proposed
method of receiving agency approval of deliverables
d) Schedule
Include a proposed work schedule by activity indicating when each
activity will be accomplished Identify any significant milestones or
deadlines Include due dates for all deliverables
e) Key Personnel
Identify the key personnel that will be assigned to this project Attach
resumes reflecting their qualifications including related work experience
[Note The Department must be notified in writing and in advance
regarding the departure of any key personnel from the project]
f) Proposed Cost
Include a cost proposal using the required format (below) Proposers must
submit all-inclusive fixed cost based on completion of entire project
Proposer must include both labor and materials in cost
The cost proposal must be prepared on one sheet of 8rdquox11rdquo white paper
The Proposerrsquos contact information must be printed at the top of the
proposal The original cost proposal and six duplicate copies must be placed
in an 8rdquox11rdquo envelope and sealed The Proposerrsquos contact information must
be printed on the envelope
Deliverable Fixed Cost
Task 1 $ xxxxxxx
Task 2 $ xxxxxxx
Task 3 $ xxxxxxx
Page 6 of 23
3) Conflict of Interest
Include a disclosure statement concerning any current business relationships
(within the last 3 years) that may pose a conflict of interest as defined by CGS sect
1-85
B Minimum Submission Requirements
At a minimum one original (clearly identified as such) and three (3) conforming copies of
each proposal must (1) be signed by the Proposer (2) be submitted before the deadline (3)
follow the required format (4) be complete (5) include the SEEC Form 10 as required
and (6) satisfy the packaging and labeling requirements Proposals that fail to meet these
minimum submission requirements may be disqualified and not reviewed further
C References
Include three letters of reference from recent clients Provide the following information
for each reference name title company address and phone number
D Style Requirements
Proposals must conform to the following requirements (1) be word processed or
typewritten (2) use font size of not less than 10 and not more than 12 points (3) have
margins of not less than 1rdquo on the top bottom and sides of all pages (4) be not more than
20 pages in length including any attachments (5) display the Proposerrsquos name and
Proposal on the header of each page (6) display page numbers at the bottom of each page
and (7) proposals and attachments be copied double sided DEEP requests that paper used
for printing and copying be composed of materials having at least 30 post consumer
content
E Packaging and Labeling Requirements
All proposals must be submitted in sealed envelopes or packages All proposals must be
addressed to the Official Agency Contact and have the RFP prominently displayed on
the envelope The name and address of the Proposer must appear in the upper left hand
corner of the envelope or package Proposals transmitted by facsimile will not be accepted
or reviewed
F Inquiry Procedures
Proposers may submit questions about the RFP to the Official Agency Contact on or before
July 27 2020 Questions must be in writing and submitted by US mail facsimile or e-
mail Questions will not be accepted over the telephone Anonymous questions will not
be answered The agency reserves the right to provide a combined answer to similar
questions The agency will distribute official answers to the questions in the form of a
written amendment not later than August 10 2020 to all Proposers who submitted a letter
of intent Any Proposer who has not received the amendment within two business days
following the distribution date may contact the Official Agency Contact by telephone to
request a copy
Page 7 of 23
G Confidential Information
Proposers are advised not to include in their proposals any proprietary information The
Connecticut Freedom of Information Act generally requires the disclosure of documents in
the possession of the State upon request of any citizen unless the content of the document
falls within certain categories of exemption
7 Communications Notice
All communications related to this RFP shall be with DEEPrsquos Official Agency Contact All
communications with the agency or any person representing this agency concerning this RFP
are strictly prohibited except as permitted by this RFP Any violation of this prohibition by
Proposers or their representatives may result in disqualification or other sanctions or both
8 Affidavits Concerning Gifts and Campaign Contributions
Proposers are advised that if selected an affidavit concerning gifts and campaign contributions
will be required to accompany any State contract with a value of $50000 or more in a calendar
or fiscal year The completed form is submitted by the contractor to the awarding State agency
at the time of contract execution The form is also used with a multi-year contract to update the
initial certification on an annual basis For the most current information and to view the
affidavit go to httpwwwctgovopmfinethics_forms
9 Iran Certification
Proposers are advised that no state agency or quasi-public agency shall enter into any large state
contract or amend or renew any such contract with any entity who (1) has failed to submit a
written certification indicating whether or not such entity has made a direct investment of
twenty million dollars or more in the energy sector of Iran on or after October 1 2013 as
described in Section 202 of the Comprehensive Iran Sanctions Accountability and Divestment
Act of 2010 or has increased or renewed such investment on or after said date or (2) has
submitted a written certification indicating that such entity has made such an investment on or
after October 1 2013 or has increased or renewed such an investment on or after said date
Each such certification shall be sworn as true to the best knowledge and belief of the entity
signing the certification subject to the penalties of false statement For the most current
information and to obtain various electronic formats of OPMrsquos Iran Certification Form 7 go to
httpwwwctgovopmfinethics_forms
Iran Certification Form 7 must be submitted for any large state contract as defined in section
4-250 of the Connecticut General Statutes Entities whose principal place of business is located
outside of the United States are required to complete the entire form including the certification
portion of the form United States subsidiaries of foreign corporations are exempt from having
to complete the certification portion of the form Those entities whose principal place of
business is located inside of the United States must also fill out the form but do not have to
complete the certification portion of the form
10 Contract Compliance Requirements
Provide evidence of the Proposerrsquos ability to meet the contract compliance requirements for one
or more of the following factors (1) success in implementing an affirmative action plan
Page 8 of 23
(2) success in developing an apprenticeship program complying with sectsect 46a-68-1 to 46a-68-
17 inclusive of the Regulations of Connecticut State Agencies (3) promise to develop and
implement a successful affirmative action plan (4) submission of Contract Compliance
Monitoring Report indicating that the composition of the Proposerrsquos workforce is at or near
parity in the relevant labor market area or (5) promise to set aside a portion of the contract for
legitimate minority business enterprises
Forms are available on the CHRO website The following table will assist in determining which
forms are required
Contract Amount Bidder Contract Compliance
Monitoring Report Required ndash
Affidavit for Certification of
Subcontractors as MBErsquos as applic
Affirmative Action
Plan Required
CHRO Requires
Pre Approval of
Affirmative Action
Plan
$0 - $4000 No No na
Non Public Works Contract
$400001 -
$24999999
Yes No na
$250000 or more Yes Yes No
Public Works Contract
$400001 - $50000 Yes No na
$5000001 - $500000 Yes Yes No
$50000001 or more Yes Yes Yes
The State of Connecticut is an Equal Opportunity and Affirmative Action employer and does
not discriminate in its hiring employment or business practices The State is committed to
complying with the Americans with Disabilities Act of 1990 (ADA) and does not discriminate
on the basis of disability in admission to access to or operation of its programs services or
activities
At the time of contract execution a fully executed non-discrimination certification will also be
required
11 RFP Conditions
A All proposals in response to this RFP are to be the sole property of DEEP Proposers
are encouraged not to include in their proposals any information that is proprietary All
materials associated with this procurement process are subject to the terms of State
laws defining freedom of information and privacy and all rules regulations and
interpretations resulting from those laws
B Any product whether acceptable or unacceptable developed under a contract awarded
as a result of the RFP is to be the sole property of DEEP
Page 9 of 23
C Timing and sequence of events resulting from this RFP will ultimately be determined
by DEEP
D The Proposer agrees that the proposal will remain valid for a period of 180 days after
the deadline for submission and may be extended beyond that time by mutual
agreement
E DEEP may amend or cancel this RFP prior to the due date and time if DEEP deems it
to be necessary appropriate or otherwise in the best interests of DEEP Failure to
acknowledge receipt of amendments in accordance with the instructions contained in
the amendments may result in a proposal not being considered
F The Proposer must certify that the personnel identified in its response to this RFP will
be the persons actually assigned to the project Any additions deletions or changes in
personnel assigned to the project must be approved by DEEP or its designee with the
exception of personnel who have terminated employment Replacements for personnel
who have terminated employment are subject to approval by DEEP or its designee At
its discretion DEEP may require the removal and replacement of any of the Proposers
personnel who do not perform adequately on the project regardless of whether they
were previously approved by DEEP
G Any costs and expenses incurred by Proposers in preparing or submitting proposals are
the sole responsibility of the Proposer
H A Proposer must be prepared to present evidence of experience ability service
facilities and financial condition necessary to satisfactorily meet the requirements set
forth or implied in the proposal
I No additions or changes to the original proposal will be allowed after submission
While changes are not permitted clarification of proposals may be required by DEEP
at the Proposerrsquos sole cost and expense
J The Proposer represents and warrants that the proposal is not made in connection with
any other Proposer and is in all respects fair and without collusion or fraud The
Proposer further represents and warrants that the Proposer did not participate in any
part of the RFP development process had no knowledge of the specific contents of the
RFP prior to its issuance and that no agent representative or employee of DEEP
participated directly in the Proposerrsquos proposal preparation
K All responses to the RFP must conform to instruction Failure to include any required
signatures provide the required number of copies to meet deadlines answer all
questions follow the required format or failure to comply with any other requirements
of this RFP may be considered appropriate cause for rejection of the response
L The contract will represent the entire agreement between the Proposer and DEEP and
will supersede all prior negotiations representations or agreements alleged or made
between the parties DEEP or the State shall assume no liability for payment of services
under the terms of the contract until the successful Proposer is notified that the contract
has been accepted and approved by DEEP and by the AGrsquos Office The contract may
be amended only by means of a written instrument signed by DEEP the Proposer and
the AGrsquos Office
Page 10 of 23
M Contractor shall interact with the United States Coast Guard (USCG) as required to
maintain the designation of the facility as a Public Access Facility including but not
limited to any periodic revalidation process requested by the USCG
12 Rights Reserved to DEEP
The DEEP reserves the right to award in part to reject any and all proposals in whole or in part
for misrepresentation or if the Proposer is in default of any prior State contract or if the
proposal limits or modifies any of the terms and conditions andor specifications of the RFP
The DEEP also reserves the right to waive technical defect irregularities and omissions if in
its judgment the best interest of DEEP will be served
DEEP reserves the right to correct inaccurate awards resulting from its clerical errors This
may include in extreme circumstances revoking the awarding of a contract already made to a
Proposer and subsequently awarding the contract to another Proposer Such action on the part
of DEEP shall not constitute a breach of contract on the part of DEEP since the contract with
the initial Proposer is deemed to be void from the beginning and of no effect as if no contract
ever existed between DEEP and the Proposer
13 Agencyrsquos Standard Contract and Conditions
The Proposer must accept DEEPrsquos standard contract language and conditions See Attachment
for Standard Contract Conditions
14 Park Descriptions
A Location
The Eagle Landing State Park property is located at 19 Bridge Road in Haddam
Connecticut and borders the western riverbank of the Connecticut River
B Access
Eagle Landing State Park can be accessed from the West following Route 9 to Exit 7(Rt
82 E) or from the East following Route 82 over the swing bridge
C Property Existing Conditions
The Eagle Landing property is approximately 16 acres and includes four (4) docks three
parking areas an access road a small outbuilding with a power supply and two butler-
style buildings in the northeastern corner of the property Approximately 20 acres on the
eastern portion of the site is flat and lies within the floodplain of the river It was
previously used as a parking area by the previous owner The parking lots are divided
into several distinct lots and are delineated by guardrails The lots can be gated off when
not in use During the spring thaw the property has had a history of being flooded in
areas for multiple days
The park has 1100 feet+ of frontage along the Connecticut River The Connecticut River
is navigable from Long Island Sound northward to Hartford Much of the Connecticut
River view shed is lined with trees and low-lying vegetation giving the river a
ldquowildernessrdquo feel The Connecticut River is the most popular recreational waterway in
Connecticut supporting thousands of cruising vessels and recreational boats and numerous
marinas It is also a very active commercial waterway with hundreds of barges traveling
Page 11 of 23
on the river supplying the fuel docks and tank farms with oil for the cities and towns in
the CT River Valley
The western portion of the property slopes upward to meet a rail line owned by the State
of Connecticut Department of Energy amp Environmental Protection and maintained and
operated by the Valley Railroad Company The Valley Railroad Company operates the
Essex Steam Train
The concession area is delineated by a yellow dashed line as shown on the attached
concession area map Beginning at the northern portion of the concession area the
following structuresinfrastructure are included in the concession contract One butler-
style building (westernmost butlerndashstyle building) Parking Lot 1 Docks1 and 2 use
of the access road use of small former ticket booth building with available power in the
successful proposerrsquos name and Dock 3
The area located to the south of the concession area is approximately 7+ acres but only 4
acres are developed The undeveloped parcel is proposed to become a public boat ramp
facility and is currently being analyzed for resource and engineering issues Included in
this parcel is Dock 4 and Parking Lots 2 and 3 While this property located to the
south of the concession area will not be part of the bid or agreement for Boat
DockingEducational purposes it will be offered to the successful proposer for use as a
docking facility under a short-term Special Use License This license will expire as soon
as construction on the boat ramp commences
It should be noted that the access road to the Eagle Landing property must be kept open
for access by the private residential properties to the south of Eagle Landing
D Existing Condition of Dock
A few minor repairs would help improve the condition of Docks 1 2 and 3 but all are
functioning and usable in their present condition Dock 4 which is not included in the
concession contract has sustained significant damage is not currently usable and is
considered a safety hazard The Concessionaire or Special Use License Holder would be
responsible to certify that the docks can safely secure the size vessel(s) to be used
throughout the duration of this concession The depth of the water on the river side of
the dock varies from 16 feet to 19 feet There is submerged aquatic vegetation between
the docks and the riverbank that may contain species of concern
Before the commencement of any dock maintenance activity to the 4 docks described
above DEEPrsquos Natural Diversity Data Base (NDDB shall be consulted and DEEPrsquos
Land amp Water Resources Division (LWRD) shall be contacted to determine if a permit is
required for such work
E Adjacent Uses
Northward The northern boundary of Eagle Landing State Park is a private home and
CT State Route 82 There is a fence between the State park and the private property The
Page 12 of 23
East Haddam Swing Bridge spans the Connecticut River just north of Dock 1 (See
Attachment D) Andrews Marina is situated on the north side of Route 82
Southward The southern boundary of Eagle Landing State Park is bounded by a
development of private cottages There is an unpaved road which provides residents of
these cottages access to their homes Vehicles utilizing the Boat Concession or the Boat
Ramp may not park along the shoulders of the road or block it in any way
F ZoningSurrounding Land Use
The Town of Haddam zoned this property as ldquoCommercialrdquo and also ldquoState Park amp
Forestrdquo Commercial Boating activities are permitted in the Commercial Zone Eagle
Landing State Park is bounded on both the north and south by a ldquoLow density
RuralResidential Zonerdquo The town recommends a vegetative buffer between Commercial
uses and Residential areas Overlying the entire parcel is the Federal Emergency
Management Administration (FEMA) 100-year Flood Plain zone FEMA requirements
must be applied to any new development so as not to exacerbate flooding events
G Connecticut River Gateway Commission
Eagle Landing lies within the CT River Gateway Conservation Zone
In 1973 the Connecticut General Assembly passed legislation allowing the establishment
of the Connecticut River Gateway Commission a state-local compact for the protection
of the Lower Connecticut River Valley Then and now this valley is widely recognized
as one of the most important natural recreational and scenic areas of the State of
Connecticut One year later in July 1974 the Commission became operational with the
Connecticut Department of Environmental Protection two regional planning agencies and
all eight eligible towns participating
The Gateway Conservation Zone which is the geographic focus of the Commissions
activities is approximately thirty miles in length and includes those portions of the eight
member towns (Chester Deep River East Haddam Essex Haddam Lyme Old Lyme
Old Saybrook) lying within view of the river In recent years it has become an area of
interest for a number of other environmental organizations as well The Nature
Conservancy has designated the Connecticut River Tidelands as one of its Last Great
Places the Connecticut Department of Energy amp Environmental Protection has obtained
the recognition of the rivers tidelands as internationally significant wetlands under the
terms of the International Ramsar Convention the Secretary of the US Department of
Interior has publicly recognized the lower Connecticut River valley as one of the most
important ecological landscapes in the United States and in 1999 the River was
designated as one of 14 American Heritage Rivers by the President of the United States
The mission of this Commission given to it by the Connecticut General Assembly nearly
two decades ago is to preserve the unique scenic ecological scientific and historic
values of the lower Connecticut River valley for the enjoyment of present and future
generations of Connecticut citizens
Page 13 of 23
Development beyond what has previously been permitted must be reviewed by the
Gateway Commission to ensure that it meets the mission and goals of the Gateway
Commission
H Limitations on the Site
A Hours of Operation Hours of Operation of the Concession shall be limited to Sunrise
until 200AM (0200 Hrs)
B Overnight Parking All vehicles must vacate the property by 200 AM (0200Hrs)
C Alcohol Service will be limited to the vessel No alcohol service shall be allowed on
the docks or in other locations on the property
D Amplified sound (bands DJ etc) with the exception of safety instructions shall
not commence until vessels have departed from the dock and must cease prior to final
docking
E Concession shall not sublet any part of the property unless approved by the
Department of Energy amp Environmental Protection
F No new structures shall be erected and no maintenance shall be done to the existing
docks unless approved in writing by the Commissioner or Designee of the
Department of Energy amp Environmental Protection and all applicable permits have
been obtained
Page 14 of 23
Maps of Site
Page 15 of 23
Page 16 of 23
LETTER OF INTENT TO SUBMIT A PROPOSAL
State of Connecticut
Department of Energy amp Environmental Protection
RFP for Eagle Landing State Park
Return to Tenia Seay
Department of Energy amp Environmental Protection
Bureau of Outdoor Recreation
79 Elm Street
Hartford CT 06106-5127
860-424-3064 (Phone)
860-424-4070 (FAX)
Return Deadline 400 pm July 20 2020
The individual firm or corporation below intends to submit a proposal in response to the above referenced RFP
Note This letter is a non-binding expression of interest and does not obligate the sender to submit a proposal
The individual firm or corporation below has reviewed and if selected accepts the agencyrsquos standard contract and
conditions (provided in the RFP) in their entirety and without amendment
Name
Mailing Address
Contact Person
Telephone
FAX
Signature
Title Date
Page 17 of 23
STATE OF CONNECTICUT
DEPARTMENT OF ENERGY AND ENVIRONMENTAL PROTECTION
BUREAU OF OUTDOOR RECREATION AND
CONNECTICUT STATE PARK AND FOREST RECREATION AREA
MOBILE FOOD AND BEVERAGE CONCESSION
THIS CONTRACT is made by and between the STATE OF CONNECTICUT acting herein by
the Commissioner of the Department of Energy and Environmental Protection hereinafter referred
to as Commissionerrdquo or DEEP or ldquoStaterdquo and [Insert Concessionaire] of the Town of
Waterbury and the state of Connecticut hereinafter referred to as the Concessionaire or
ldquoContractorrdquo
WITNESSETH
WHEREAS the Commissioner of Energy and Environmental Protection pursuant to Conn Gen
Stat 23-26 has the authority to enter into contractual relations with persons for the maintenance
of concessions and other sources of revenue to be derived from services to the general public using
state parks and
WHEREAS the Concessionaire desires to operate a Mobile Food and Beverage Concession
Service and render services to the public at
[Insert Name of Location]
NOW THEREFORE it is hereby agreed as follows
1 Mobile Food and Beverage Concession Service The Concessionaire agrees to operate a
Mobile Food and Beverage Concession Service at the above noted facility The Concessionaire
is responsible for all work included in this Contract Details regarding the Scope of Work are
included in Attachment A which is attached hereto and is hereby made a part of this contract
2 Duration The Commissioner hereby grants to the Concessionaire the exclusive right to
operate the above Mobile Food and Beverage Concession Service at the location identified for
the period commencing upon contract execution through [insert expiration date] At the
Commissionerrsquos sole discretion this contract may be renewed for up to [Insert number] years
without further competition
3 Payment In consideration of said rights and privileges the Concessionaire agrees to pay a
total of [insert amount] to the State of Connecticut due by [insert date] Payments shall be
made by check draft or money order payable to Treasurer State of Connecticut and
delivered or mailed to the Department of Energy and Environmental Protection Accounts
Receivable 79 Elm Street Hartford Connecticut 06106-5127
4 Nondisclosure Contactor shall not release any information concerning the services provided
pursuant to the Contract or any part thereof to any member of the public press business entity
or any official body unless prior written consent is obtained from the State
Page 18 of 23
STANDARD TERMS AND CONDITIONS (Rev 8302019)
1 Definitions
(a) State The State of Connecticut including the Department of Energy and Environmental Protection and
any office department board council commission institution or other agency of the State
(b) Commissioner The Commissioner of Energy and Environmental Protection or the Commissionerrsquos
designated agent
(c) Parties The Department of Energy and Environmental Protection (DEEP or Agency) and the Contractor
(d) Contractor Parties Contractor Parties shall be defined as a Contractorrsquos members directors officers
shareholders partners managers principal officers representatives agents servants consultants employees
or any one of them or any other person or entity with whom the Contractor is in privity of oral or written
contract and the Contractor intends for such other person or entity to Perform under the Contract in any
capacity To the extent that any Contractor Party is to participate or Perform in any way directly or indirectly
in connection with the Contract any reference in the Contract to the ldquoContractorrdquo shall also be deemed to
include ldquoContractor Partiesrdquo as if such reference had originally specifically included ldquoContractor Partiesrdquo
since it is the Partiesrsquo intent for the terms ldquoContractor Partiesrdquo to be vested with the same respective rights
and obligations as the terms ldquoContractorrdquo
(e) Contract This agreement as of its Effective Date between the Contractor and the State for any or all
goods or services as more particularly described in Appendix A
(f) Execution This contract shall be fully executed when it has been signed by authorized representatives
of the parties and if it is for an amount of Twenty-five thousand dollars ($2500000) or more by the
authorized representative of the state Attorney Generals office
(g) Exhibits All attachments appendices or exhibits referred to in and attached to this Contract are
incorporated in this Contract by such reference and shall be deemed to be a part of it as if they had been fully
set forth in it
(h) Records For the purposes of this Contract records are defined as all working papers and such other
information and materials as may have been accumulated by the Contractor in performing the Contract
including but not limited to documents data plans books computations drawings specifications notes
reports records estimates summaries and correspondence kept or stored in any form
(i) Confidential Information Confidential Information shall mean any name number or other information
that may be used alone or in conjunction with any other information to identify a specific individual
including but not limited to such individuals name date of birth mothers maiden name motor vehicle
operators license number Social Security number employee identification number employer or taxpayer
identification number alien registration number government passport number health insurance
identification number demand deposit account number savings account number credit card number debit
card number or unique biometric data such as fingerprint voice print retina or iris image or other unique
physical representation Without limiting the foregoing Confidential Information shall also include any
information that the Department classifies as ldquoconfidentialrdquo or ldquorestrictedrdquo Confidential Information shall
not include information that may be lawfully obtained from publicly available sources or from federal state
or local government records which are lawfully made available to the general public
(j) Confidential Information Breach Confidential Information Breach shall mean generally an instance
where an unauthorized person or entity accesses Confidential Information in any manner including but not
limited to the following occurrences (1) any Confidential Information that is not encrypted or protected is
misplaced lost stolen or in any way compromised (2) one or more third parties have had access to or taken
control or possession of any Confidential Information that is not encrypted or protected without prior written
authorization from the State (3) the unauthorized acquisition of encrypted or protected Confidential
Information together with the confidential process or key that is capable of compromising the integrity of the
Confidential Information or (4) if there is a substantial risk of identity theft or fraud to the client the
Contractor the Department or State
Page 19 of 23
(k) Claim Claim shall mean all actions suits claims demands investigations and proceedings of any kind
open pending or threatened whether mature unmatured contingent known or unknown at law or in equity
in any forum
2 Forum and Choice of Law The parties deem the Contract to have been made in the City of Hartford State of
Connecticut Both parties agree that it is fair and reasonable for the validity and construction of the Contract
to be and it shall be governed by the laws and court decisions of the State of Connecticut without giving effect
to its principles of conflicts of laws To the extent that any immunities provided by Federal law or the laws of
the State of Connecticut do not bar an action against the State and to the extent that these courts are courts of
competent jurisdiction for the purpose of venue the complaint shall be made returnable to the Judicial District
of Hartford only or shall be brought in the United States District Court for the District of Connecticut only and
shall not be transferred to any other court provided however that nothing here constitutes a waiver or
compromise of the sovereign immunity of the State of Connecticut The Contractor waives any objection which
it may now have or will have to the laying of venue of any Claims in any forum and further irrevocably submits
to such jurisdiction in any suit action or proceeding
3 Termination
(a) Notwithstanding any provisions in this Contract the Agency through a duly authorized employee may
Terminate the Contract whenever the Agency makes a written determination that such Termination is in
the best interests of the State The Agency shall notify the Contractor in writing of Termination pursuant
to this section which notice shall specify the effective date of Termination and the extent to which the
Contractor must complete its Performance under the Contract prior to such date
(b) Notwithstanding any provisions in this Contract the Agency through a duly authorized employee may
after making a written determination that the Contractor has breached the Contract Terminate the
Contract in accordance with the provisions in the Breach section of this Contract
(c) The Agency shall send the notice of Termination via certified mail return receipt requested to the
Contractor at the most current address which the Contractor has furnished to the Agency for purposes of
correspondence or by hand delivery Upon receiving the notice from the Agency the Contractor shall
immediately discontinue all services affected in accordance with the notice undertake all commercially
reasonable efforts to mitigate any losses or damages and deliver to the Agency all Records The Records
are deemed to be the property of the Agency and the Contractor shall deliver them to the Agency no later
than thirty (30) days after the Termination of the Contract or fifteen (15) days after the Contractor
receives a written request from the Agency for the Records The Contractor shall deliver those Records
that exist in electronic magnetic or other intangible form in a non-proprietary format such as but not
limited to ASCII or TXT
(d) Upon receipt of a written notice of Termination from the Agency the Contractor shall cease operations
as the Agency directs in the notice and take all actions that are necessary or appropriate or that the
Agency may reasonably direct for the protection and preservation of the Goods and any other property
Except for any work which the Agency directs the Contractor to Perform in the notice prior to the
effective date of Termination and except as otherwise provided in the notice the Contractor shall
terminate or conclude all existing subcontracts and purchase orders and shall not enter into any further
subcontracts purchase orders or commitments
(e) The Agency shall within forty-five (45) days of the effective date of Termination reimburse the
Contractor for its Performance rendered and accepted by the Agency in addition to all actual and
reasonable costs incurred after Termination in completing those portions of the Performance which the
notice required the Contractor to complete However the Contractor is not entitled to receive and the
Agency is not obligated to tender to the Contractor any payments for anticipated or lost profits Upon
request by the Agency the Contractor shall assign to the Agency or any replacement contractor which
the Agency designates all subcontracts purchase orders and other commitments deliver to the Agency
all Records and other information pertaining to its Performance and remove from State premises
whether leased or owned all of Contractorrsquos property equipment waste material and rubbish related to
its Performance all as the Agency may request
(f) For breach or violation of any of the provisions in the section concerning Representations and
Warranties the Agency may Terminate the Contract in accordance with its terms and revoke any
consents to assignments given as if the assignments had never been requested or consented to without
liability to the Contractor or Contractor Parties or any third party
(g) Upon Termination of the Contract all rights and obligations shall be null and void so that no party shall
Page 20 of 23
have any further rights or obligations to any other party except with respect to the sections which survive
Termination All representations warranties agreements and rights of the parties under the Contract
shall survive such Termination to the extent not otherwise limited in the Contract and without each one
of them having to be specifically mentioned in the Contract
(h) Termination of the Contract pursuant to this section shall not be deemed to be a breach of contract by
the Agency
4 Indemnification
(a) The Contractor shall indemnify defend and hold harmless the State and its officers representatives
agents servants employees successors and assigns from and against any and all (1) Claims arising
directly or indirectly in connection with the Contract including the acts of commission or omission
(collectively the Acts) of the Contractor or Contractor Parties and (2) liabilities damages losses
costs and expenses including but not limited to attorneys and other professionals fees arising directly
or indirectly in connection with Claims Acts or the Contract The Contractor shall use counsel
reasonably acceptable to the State in carrying out its obligations under this section The Contractorrsquos
obligations under this section to indemnify defend and hold harmless against Claims includes Claims
concerning confidentiality of any part of or all of the Contractorrsquos bid proposal or any Records any
intellectual property rights other proprietary rights of any person or entity copyrighted or uncopyrighted
compositions secret processes patented or unpatented inventions articles or appliances furnished or
used in the Performance
(b) The Contractor shall not be responsible for indemnifying or holding the State harmless from any liability
arising due to the negligence of the State or any other person or entity acting under the direct control or
supervision of the State
(c) The Contractor shall reimburse the State for any and all damages to the real or personal property of the
State caused by the Acts of the Contractor or any Contractor Parties The State shall give the Contractor
reasonable notice of any such Claims
(d) The Contractorrsquos duties under this section shall remain fully in effect and binding in accordance with the
terms and conditions of the Contract without being lessened or compromised in any way even where
the Contractor is alleged or is found to have merely contributed in part to the Acts giving rise to the
Claims andor where the State is alleged or is found to have contributed to the Acts giving rise to the
Claims
(e) The Contractor shall carry and maintain at all times during the term of the Contract and during the time
that any provisions survive the term of the Contract sufficient general liability insurance to satisfy its
obligations under this Contract The Contractor shall cause the State to be named as an additional insured
on the policy and shall provide (1) a certificate of insurance (2) the declaration page and (3) the
additional insured endorsement to the policy to the State and the Client Agency all in an electronic format
acceptable to the State prior to the Effective Date of the Contract evidencing that the State is an additional
insured The Contractor shall not begin Performance until the delivery of these three documents to the
Client Agency Contractor shall provide an annual electronic update of the three documents to the Client
Agency and the State on or before each anniversary of the Effective Date during the Contract term State
shall be entitled to recover under the insurance policy even if a body of competent jurisdiction determines
that State is contributorily negligent
(f) This section shall survive the Termination of the Contract and shall not be limited by reason of any
insurance coverage
5 Sovereign Immunity The parties acknowledge and agree that nothing in the Solicitation or the Contract shall
be construed as a modification compromise or waiver by the State of any rights or defenses of any immunities
provided by Federal law or the laws of the State of Connecticut to the State or any of its officers and employees
which they may have had now have or will have with respect to all matters arising out of the Contract To the
extent that this section conflicts with any other section this section shall govern
6 Protection of Confidential Information Contractor and Contractor Parties at their own expense have a duty to
and shall protect from a Confidential Information Breach any and all Confidential Information which they come
to possess or control wherever and however stored or maintained in a commercially reasonable manner in
accordance with current industry standards
(b) Each Contractor or Contractor Party shall develop implement and maintain a comprehensive data -
security program for the protection of Confidential Information The safeguards contained in such
Page 21 of 23
program shall be consistent with and comply with the safeguards for protection of Confidential
Information and information of a similar character as set forth in all applicable federal and state law
and written policy of the Agency or State concerning the confidentiality of Confidential Information
Such data-security program shall include but not be limited to the following
(1) A security policy for employees related to the storage access and transportation of data containing
Confidential Information
(2) Reasonable restrictions on access to records containing Confidential Information including access
to any locked storage where such records are kept
(3) A process for reviewing policies and security measures at least annually
(4) Creating secure access controls to Confidential Information including but not limited to passwords
and
(5) Encrypting of Confidential Information that is stored on laptops portable devices or being
transmitted electronically
(c) The Contractor and Contractor Parties shall notify the Agency and the Connecticut Office of the Attorney
General as soon as practical but no later than twenty-four (24) hours after they become aware of or
suspect that any Confidential Information which Contractor or Contractor Parties have come to possess
or control has been subject to a Confidential Information Breach If a Confidential Information Breach
has occurred the Contractor shall within three (3) business days after the notification present a credit
monitoring and protection plan to the Commissioner of Administrative Services the Agency and the
Connecticut Office of the Attorney General for review and approval Such credit monitoring or
protection plan shall be made available by the Contractor at its own cost and expense to all individuals
affected by the Confidential Information Breach Such credit monitoring or protection plan shall include
but is not limited to reimbursement for the cost of placing and lifting one (1) security freeze per credit
file pursuant to Connecticut General Statutes sect 36a-701a Such credit monitoring or protection plans
shall be approved by the State in accordance with this Section and shall cover a length of time
commensurate with the circumstances of the Confidential Information Breach The Contractorsrsquo costs
and expenses for the credit monitoring and protection plan shall not be recoverable from the Agency
any State of Connecticut entity or any affected individuals
(d) The Contractor shall incorporate the requirements of this Section in all subcontracts requiring each
Contractor Party to safeguard Confidential Information in the same manner as provided for in this
Section
(e) Nothing in this Section shall supersede in any manner Contractorrsquos or Contractor Partyrsquos obligations
pursuant to HIPAA or the provisions of this Contract concerning the obligations of the Contractor as a
Business Associate of Covered Entity
7 Executive Orders This Contract is subject to the provisions of Executive Order No Three of Governor Thomas
J Meskill promulgated June 16 1971 concerning labor employment practices Executive Order No Seventeen
of Governor Thomas J Meskill promulgated February 15 1973 concerning the listing of employment
openings and Executive Order No Sixteen of Governor John G Rowland promulgated August 4 1999
concerning violence in the workplace all of which are incorporated into and are made a part of the Contract as
if they had been fully set forth in it The Contract may also be subject to Executive Order No 14 of Governor
M Jodi Rell promulgated April 17 2006 concerning procurement of cleaning products and services and to
Executive Order No 49 of Governor Dannel P Malloy promulgated May 22 2015 mandating disclosure of
certain gifts to public employees and contributions to certain candidates for office If Executive Order 14 andor
Executive Order 49 are applicable they are deemed to be incorporated into and are made a part of the Contract
as if they had been fully set forth in it At the Contractorrsquos request the Client Agency or DAS shall provide a
copy of these orders to the Contractor
8 State Liability The State of Connecticut shall assume no liability for payment for services under the terms of
this agreement until the contractor is notified that this agreement has been accepted by the contracting agency
and if applicable approved by the Office of Policy and Management (OPM) or the Department of
Administrative Services (DAS) and by the Attorney General of the State of Connecticut
9 Distribution of Materials The Contractor shall obtain written approval from the Commissioner prior to the
distribution or publication of any materials prepared under the terms of this Contract Such approval shall not
be unreasonably withheld
10 Change in Principal Project Staff Any changes in the principal project staff must be requested in writing and
approved in writing by the Commissioner at the Commissionerrsquos sole discretion In the event of any
Page 22 of 23
unapproved change in principal project staff the Commissioner may in the Commissionerrsquos sole discretion
terminate this Contract
11 Further Assurances The Parties shall provide such information execute and deliver any instruments and
documents and take such other actions as may be necessary or reasonably requested by the other Party which
are not inconsistent with the provisions of this Contract and which do not involve the vesting of rights or
assumption of obligations other than those provided for in the Contract in order to give full effect to the
Contract and to carry out the intent of the Contract
12 Third Party Participation The Contractor may make sub-awards using either its own competitive selection
process or the values established in the statersquos competitive selection process as outlined in DAS General Letter
71 whichever is more restrictive to conduct any of the tasks in the Scope of Work contained in Appendix A
The Contractor shall advise the Commissioner of the proposed sub-awardee and the amount allocated at least
two (2) weeks prior to the making of such awards The Commissioner reserves the right to disapprove such
awards if they appear to be inconsistent with the program activities to be conducted under this grant As
required by Sec 46a-68j-23 of the Connecticut Regulations of State Agencies the Contractor must make a good
faith effort based upon the availability of minority business enterprises in the labor market area to award a
reasonable proportion of all subcontracts to such enterprises When minority business enterprises are selected
the Contractor shall provide DEEP with a copy of the Affidavit for Certification of Subcontractors as Minority
Business Enterprises (MBE) along with a copy of the purchase order or contract engaging the Subcontractor
The Contractor shall be the sole point of contact concerning the management of the Contract including
performance and payment issues The Contractor is solely and completely responsible for adherence by any
subcontractor to all the applicable provisions of the Contract
13 Americans with Disabilities Act The Contractor shall be and remain in compliance with the Americans with
Disabilities Act of 1990 (ldquoActrdquo) to the extent applicable during the term of the Contract The DEEP may
cancel the Contract if the Contractor fails to comply with the Act
14 Affirmative Action and Sexual Harassment Policies The Contractor agrees to comply with the Departments
Affirmative Action and Sexual Harassment Policies available on DEEPrsquos web site Hard copies of the policy
statements are available upon request at DEEP
15 Breach If either Party breaches the Contract in any respect the non-breaching Party shall provide written
notice of the breach to the breaching Party and afford the breaching Party an opportunity to cure within ten (10)
days from the date that the breaching Party receives the notice In the case of a Contractor breach any other
time period which the Agency sets forth in the notice shall trump the ten (10) days The right to cure period
shall be extended if the non-breaching Party is satisfied that the breaching Party is making a good faith effort
to cure but the nature of the breach is such that it cannot be cured within the right to cure period The notice
may include an effective Contract Termination date if the breach is not cured by the stated date and unless
otherwise modified by the non-breaching Party in writing prior to the Termination date no further action shall
be required of any Party to effect the Termination as of the stated date If the notice does not set forth an
effective Contract Termination date then the non-breaching Party may Terminate the Contract by giving the
breaching Party no less than twenty four (24) hours prior written notice If the Agency believes that the
Contractor has not performed according to the Contract the Agency may withhold payment in whole or in part
pending resolution of the Performance issue provided that the Agency notifies the Contractor in writing prior
to the date that the payment would have been due
16 Severability If any term or provision of the Contract or its application to any person entity or circumstance
shall to any extent be held to be invalid or unenforceable the remainder of the Contract or the application of
such term or provision shall not be affected as to persons entities or circumstances other than those as to whom
or to which it is held to be invalid or unenforceable Each remaining term and provision of the Contract shall
be valid and enforced to the fullest extent possible by law
17 The Town Guarantee The Town shall furnish adequate protection from damage for all work and to repair any
damage of any kind for which he or his workmen are responsible to premises or any equipment to his own
work or to the work of the Agency pay for all permits licenses and fees and to give all notices and comply
with all laws ordinances rules and regulations of the city state and federal government
18 Force Majeure The Parties shall not be excused from their obligation to perform in accordance with the
Contract except in the case of Force Majeure events and as otherwise provided for in the Contract A Force
Majeure event materially affects the cost of the Goods or Services or the time schedule for performance and is
outside the control nor caused by the Parties In the case of any such exception the nonperforming Party shall
give immediate written notice to the other explaining the cause and probable duration of any such
Page 23 of 23
nonperformance
19 Entirety of Contract The Contract is the entire agreement between the Parties with respect to its subject matter
and supersedes all prior agreements proposals offers counteroffers and understandings of the Parties whether
written or oral The Contract has been entered into after full investigation neither Party relying upon any
statement or representation by the other unless such statement or representation is specifically embodied in the
Contract
20 Interpretation The Contract contains numerous references to statutes and regulations For purposes of
interpretation conflict resolution and otherwise the content of those statutes and regulations shall govern over
the content of the reference in the Contract to those statutes and regulations
A-1
Attachment A
Scope of Work
Mobile Food and Beverage Concession Services
1 Insurance The Concessionaire shall furnish evidence of insurance A Certificate of Insurance
covering each annual period of this contract shall reflect the following limits and shall be submitted
by the Concessionaire to the Department of Energy and Environmental Protection by April 1 of each
year this contract is in effect
a Commercial General Liability insurance providing a total limit of $1000000 for all damages
arising from bodily injury to or death of all persons in any accident or occurrence and for all
damages arising from the destruction of or damage to property in any one accident or occurrence
In cases where any insurance policy shows an aggregate limit the aggregate shall apply solely to
the concession operation or the aggregate limit shall be not less than $2000000
b The operation of all motor vehicles including those hired or borrowed used in connection with
this contract shall be covered by Automobile Liability insurance providing for a total limit of
$1000000 for all damages arising from bodily injuries to or death of all persons in any one
accident or occurrence and for all damages arising from the destruction of or damage to property
in any one accident or occurrence In cases where any insurance policy shows an aggregate limit
the aggregate shall apply solely to the concession operation or the aggregate limit shall be not less
than $2000000
c The Concessionaire shall carry Workerrsquos Compensation insurance in accordance with the
requirements of the laws of the State of Connecticut
d Said coveragersquos are to be provided by insurance companies licensed by the State of Connecticut
e Any deductibles or self-insured retentions must be declared and approved by the State
f The State of Connecticut shall be listed as an Additional Insured on all required coverage
2 Commodities and Price List
a The Concessionaire shall be allowed to sell food and beverages as approved in advance by the
Commissioner
b The Concessionaire shall be allowed to sell souvenirs and other outdoor recreation related
merchandise hereinafter referred to collectively as merchandise as approved in advance by the
Commissioner
c By April 1 of each year that this contract is in effect the Concessionaire shall submit for approval
a price list of all foods beverages and merchandise for sale hereinafter referred to collectively as
commodities to the Department of Energy and Environmental Protection Bureau of Outdoor
Recreation Division of State Parks and Public Outreach 79 Elm Street Hartford CT 06106-5127
d Any price increases or additions of commodities are subject to the prior written approval of the
Commissioner
e The Concessionaire shall post a price list of all commodities for sale in full public view while in
operation
f Whenever the park name is used on merchandise the complete park name shall be used
g The Concessionaire warrants that all commodities offered for sale shall not exceed in price nor be
substandard in quality or quantity to like commodities sold in the surrounding community
A-2
3 Sunscreen All concession operations in a park having a designated swimming area shall have
sunscreen with a Sun Protection Factor (SPF) of at least 15 for adults and 45 for children available for
sale to the general public
4 Use of Biodegradable Products To the extent practicable the Concessionaire agrees to use
recyclable and biodegradable products and packaging in all of its operations ie paper products or
products containing recycled contents The Concessionaire agrees to not dispense food or beverages
in close-celled foam-based containers
5 Prohibitions The Concessionaire shall not
a dispense food or beverages in glass containers
b dispense alcoholic beverages
c sell snorkels beach balls rafts or other inflatable or buoyant devices except US Coast Guard
approved personal flotation devices (PFDs)
d permit gratuities to employees of the State of Connecticut
e provide video or pinball games
6 Hours of Operation
a The Concessionaire may operate the Concession daily between 800 am and sunset on any day
that this contract is in effect
b From the Saturday before Memorial Day through July 4th the Concessionaire shall open the
concession on Saturdays Sundays and holidays not later than 1100 am except during inclement
weather and the concession shall remain open at least until three hours before but not later than
sunset
c From July 4th through Labor Day the Concessionaire shall open the concession daily not later than
1100 am except during inclement weather and the concession shall remain open at least until
three hours before but not later than sunset
d Deviations from the above stated schedules are allowable but must receive advanced approval in
writing from the Park and Recreation Supervisor
e When closing due to inclement weather the Concessionaire shall immediately notify the Park and
Recreation Supervisor The Concessionaire shall keep in the concession vehicle at all times a log
of all closures due to inclement weather and it shall be immediately available to the Park and
Recreation Supervisor upon request for inspection
f Within 30 days of closing the concession for the season but in no case later than December 31 of
each calendar year that this contract is in effect the Concessionaire shall submit an Annual
Inclement Weather Closure Report to the Park and Recreation Supervisor
7 Health Department Inspections The Concessionaire is responsible for scheduling inspections by
the appropriate local health department prior to April 15th of each year this contract is in effect The
Concessionaire is responsible for and shall directly pay for any fees charged for such inspections
8 Health Department Permit The Concessionaire will annually obtain a ldquopermit to sellrdquo from the local
health department and submit a copy of said permit to the DEEP Division of State Parks amp Public
Outreach not later than April 30th of each year this contract is in effect Other Permits The
Concessionaire shall be solely responsible for securing any other licenses permits approvals or
waivers required by any other federal state regional or municipal authority having jurisdiction in the
town(s) in which the Concession is located
9 State Property The Concessionaire shall install no fixed equipment nor make any physical changes
to state property without the prior written approval of DEEP Any improvements or permanent fixtures
approved by the DEEP and provided by the Concessionaire during the term of this contract shall
immediately become the property of the State of Connecticut
A-3
10 Public Health Code The Concessionaire agrees to conform to the Public Health Code of the State of
Connecticut concerning the storage handling and vending of food
11 Refuse Disposal The Concessionaire at its sole expense shall be responsible for the proper disposal
and removal of all recyclables and trash generated by operation of the concession For additional
information see the DEEP website for Managing Waste and Recycling at Special Events and Other
Venues the direct URL address for which is
httpwwwctgovdepcwpviewaspa=2714ampq=434054ampdepNav_GID=1645
12 General Maintenance The Concessionaire shall be responsible for maintaining the Concession area
in a clean sanitary and orderly manner
13 Exclusivity With the exception of vending machines and commodities having prior written approval
for DEEP sanctioned events including but not limited to events authorized by a Special Use License
the Concessionaire shall have the exclusive right to sell commodities within the property named
herein
14 Vending Machines The State of Connecticut Board of Education and Services for the Blind (BESB)
shall have exclusive rights to vending machines on the premises of the concessions and other
authorized areas within the park or forest for the purpose of vending foods and beverages and to collect
receipts there from provided that the number and locations of such vending machines shall receive
prior written approval from a representative of the DEEP
15 Rights of Park Visitors The Concessionaire agrees that nothing contained in the terms of this
contract shall prevent visitors from bringing food to the park and preparing such food for personal
consumption including dispensing such food at no charge to other park visitors Park visitors may
also utilize private catering services with advanced written approval of the Park and Recreation
Supervisor Said catering services may only be permitted with the condition that no financial
transactions occur on DEEP property
16 Concession Staffing The concession shall be staffed only by the Concessionaire or its employee(s)
or other agents identified herein unless otherwise authorized by the Commissioner in writing
17 Code of Conduct Due to the public service nature of the Concession the Concessionaire and all
employees of the Concessionaire shall conduct themselves in a courteous respectful and professional
manner with all members of the public
18 Appearance The Concessionaire and its employees shall be clean and neat in appearance Wearing
an item of uniform eg a shirt hat or badge identifying the name of the Concessionaire employee or
business is encouraged
19 Audible Devices The Concessionaire shall activate audible devices (loudspeakers music bells etc)
only in accordance with instructions provided by the Park and Recreation Supervisor Instructions are
subject to change immediately at the discretion of the Park and Recreation Supervisor
20 Concession Location Unless authorized by the Park and Recreation Supervisor to do otherwise the
Concessionaire agrees to
a identify all park-and-sit locations or drive-through routes on a park map
b confine all concession operations to the designated Concession areas
c confine all sales and advertising to the concession vehicle
d provide garbage and recycling receptacles for customer use
21 Food Inspection An authorized representative of the Commissioner may conduct an unannounced
in-season food inspection once per calendar year Upon request the Concessionaire shall provide a
A-4
range of food and beverage items proportionate to one meal to the Commissionerrsquos
representative for food-tasting purposes
22 Financial Reporting Within 30 days of closing the Concession for the season but in no case
later than December 31 of each calendar year that this contract is in effect the Concessionaire
shall submit a certified statement of annual gross receipts attested to by a Notary Public or a
Commissioner of the Superior Court to Department of Energy and Environmental Protection
Bureau of Outdoor Recreation Division of State Parks and Public Outreach 79 Elm Street
Hartford CT 06106-5127
23 Revenue DEEP shall have no responsibility for revenue loss directly or indirectly attributable
to DEEP management actions including but not limited to changes in park or campground
schedules or operations or in services provided to the visiting public DEEP shall have no
responsibility for revenue loss directly or indirectly attributable to uncontrollable phenomena
including but not limited to attendance loss weather conditions or other Acts of God
24 Compliance The Concessionaire agrees to comply with the regulations of the Department of
Energy and Environmental Protection regarding State Park and Forest Recreation Areas and
with any other department policy concerning the operation of concessions
The parties have hereunto set their hands
SIGNED AND DELIVERED below
STATE OF CONNECTICUT
Department of Energy and Environmental
Protection
CONCESSIONAIRE
BY BY
Date Date
Contract ______________
Acct Fund SID DeptId Prog Project Bud
Ref Amount
Funds available Date
Attorney General (Approved as to Form) Date
Page 3 of 23
1 Outline of Work
Proposals should clearly describe plans for the operation maintenance and development of the
property and piers for the duration of the proposed management agreement and address all items
delineated in Section 6 of this request for proposals
The Concessionaire will be responsible for all aspects of the boat charter operation including
equipment and supply requisition preparation and service of foods and beverages clean up and
trash disposal and compliance with any state or municipally mandated recycling plan for
designated recyclables generated by the operation Concessionaire responsibilities also include
but are not limited to insurance maintenance of the concession area and any other necessary
expenses that may arise during the operation of the concession The proposed concessionaire
will be responsible for compliance with all applicable federal state and municipal laws and
regulations for a boat charter operation including but not limited to environmental permits for
site improvements
2 Required Qualifications
Primary consideration will be given to those proposals emphasizing
bull Water-dependent uses as defined in Section 22a-93(15) of the Connecticut General
Statutes
bull Public environmental programs and the extent to which programs are offered to a diverse
citizenry
bull Investment of funds services including plans for infrastructure site maintenance and
security
bull A strong commitment to public involvement and
bull The long-term protection and enhancement of open space and Connecticut River
resources
3 Review Criteria
bull Ability to meet the terms described in ldquoAttachment Ardquo of the Sample Contract (enclosed)
bull The Concessionairersquos ability to do the specified work
bull The Concessionairersquos understanding of the project and its purpose and scope as
evidenced by the proposed approach and the level of effort
bull Availability and competence of personnel
bull Conformity with specifications contained herein
bull Demonstration of commitment to Affirmative Action by full compliance with the
regulations of the Commission on Human Rights and Opportunities (CHRO)
4 Letter of Intent
Any Proposer intending to respond to this RFP must complete and submit a Letter of Intent
(form attached) to the Official Agency Contact by US mail or facsimile not later than 400pm
on July 20 2020 As an original signature is required a letter of intent sent by e-mail will not
be accepted The letter of intent is non-binding in that the Proposer is not required to submit
an application Include a written statement that the Proposer has read and accepts the RFPrsquos
conditions (section 11) the agencyrsquos standard contract and conditions (sample contract
enclosed) and the Statersquos contract compliance requirements (Request for Proposals Section 13
Page 4 of 23
and Sample Contract Section 4) in their entirety and without amendment The statement must
be signed by the Proposer
5 RFP Timeline
The following timeline up to and including the deadline for submitting proposals shall be
changed only by an amendment to this RFP Dates after the deadline are target dates only
June 30 2020 RFP Released
July 20 2020 Letter of Intent Due
July 27 2020 Deadline for Questions
August 10 2020 Official Answers Released
September 9 2020 at 400 pm Deadline for Submitting Proposals
September 22 2020 Contractor Selection
September 29 2020 Start of Contract Negotiations
January 1 2021 Start of Contract
6 Instructions for Proposers
A Required Format for Proposals
All proposals must follow the required format below (or use Proposal Submission Form)
and address all requirements listed in the prescribed order using the prescribed numbering
system Failure to follow the required format may result in the disqualification of a
proposal
1) Contractor Information
a) Name of Proposer - Provide the ldquolegalrdquo name of the Proposer Note that if
Proposer is a Connecticut firm name must be exactly as registered with the
Secretary of State as listed on Concord located at httpwwwconcord-
sotsctgovCONCORDonlineeid=99ampsn=InquiryServlet Social Security or
FEIN will be required when the contract is drafted
b) Proposerrsquos Representatives The Proposer must designate an authorized
representative and one alternate who may speak and act on behalf of the Proposer
in all dealings with the agency if necessary Provide the following information for
each individual
(1) Contact Name and Title
(2) Business Location
(3) Mailing Address
(4) Telephone Number
(5) Fax Number
(6) E-mail Address (If Available)
(7) Normal business hours
Page 5 of 23
2) Outline of Work
a) Work Plan
Provide a detailed task-oriented breakdown for each activity in the Outline
of Work Proposers wishing to add activities to those specified in the
Outline of Work must show the additions as separately numbered tasks
b) Methodologies
Describe how each activity (task) will be accomplished providing a
detailed explanation of the procedures or processes that will be used to
attain the expected outcomes
c) Deliverables
List and describe the form and content of each deliverable (outcome)
Include a description of the proposed method of working with the agency
the resources or services requested of the agency (if any) and the proposed
method of receiving agency approval of deliverables
d) Schedule
Include a proposed work schedule by activity indicating when each
activity will be accomplished Identify any significant milestones or
deadlines Include due dates for all deliverables
e) Key Personnel
Identify the key personnel that will be assigned to this project Attach
resumes reflecting their qualifications including related work experience
[Note The Department must be notified in writing and in advance
regarding the departure of any key personnel from the project]
f) Proposed Cost
Include a cost proposal using the required format (below) Proposers must
submit all-inclusive fixed cost based on completion of entire project
Proposer must include both labor and materials in cost
The cost proposal must be prepared on one sheet of 8rdquox11rdquo white paper
The Proposerrsquos contact information must be printed at the top of the
proposal The original cost proposal and six duplicate copies must be placed
in an 8rdquox11rdquo envelope and sealed The Proposerrsquos contact information must
be printed on the envelope
Deliverable Fixed Cost
Task 1 $ xxxxxxx
Task 2 $ xxxxxxx
Task 3 $ xxxxxxx
Page 6 of 23
3) Conflict of Interest
Include a disclosure statement concerning any current business relationships
(within the last 3 years) that may pose a conflict of interest as defined by CGS sect
1-85
B Minimum Submission Requirements
At a minimum one original (clearly identified as such) and three (3) conforming copies of
each proposal must (1) be signed by the Proposer (2) be submitted before the deadline (3)
follow the required format (4) be complete (5) include the SEEC Form 10 as required
and (6) satisfy the packaging and labeling requirements Proposals that fail to meet these
minimum submission requirements may be disqualified and not reviewed further
C References
Include three letters of reference from recent clients Provide the following information
for each reference name title company address and phone number
D Style Requirements
Proposals must conform to the following requirements (1) be word processed or
typewritten (2) use font size of not less than 10 and not more than 12 points (3) have
margins of not less than 1rdquo on the top bottom and sides of all pages (4) be not more than
20 pages in length including any attachments (5) display the Proposerrsquos name and
Proposal on the header of each page (6) display page numbers at the bottom of each page
and (7) proposals and attachments be copied double sided DEEP requests that paper used
for printing and copying be composed of materials having at least 30 post consumer
content
E Packaging and Labeling Requirements
All proposals must be submitted in sealed envelopes or packages All proposals must be
addressed to the Official Agency Contact and have the RFP prominently displayed on
the envelope The name and address of the Proposer must appear in the upper left hand
corner of the envelope or package Proposals transmitted by facsimile will not be accepted
or reviewed
F Inquiry Procedures
Proposers may submit questions about the RFP to the Official Agency Contact on or before
July 27 2020 Questions must be in writing and submitted by US mail facsimile or e-
mail Questions will not be accepted over the telephone Anonymous questions will not
be answered The agency reserves the right to provide a combined answer to similar
questions The agency will distribute official answers to the questions in the form of a
written amendment not later than August 10 2020 to all Proposers who submitted a letter
of intent Any Proposer who has not received the amendment within two business days
following the distribution date may contact the Official Agency Contact by telephone to
request a copy
Page 7 of 23
G Confidential Information
Proposers are advised not to include in their proposals any proprietary information The
Connecticut Freedom of Information Act generally requires the disclosure of documents in
the possession of the State upon request of any citizen unless the content of the document
falls within certain categories of exemption
7 Communications Notice
All communications related to this RFP shall be with DEEPrsquos Official Agency Contact All
communications with the agency or any person representing this agency concerning this RFP
are strictly prohibited except as permitted by this RFP Any violation of this prohibition by
Proposers or their representatives may result in disqualification or other sanctions or both
8 Affidavits Concerning Gifts and Campaign Contributions
Proposers are advised that if selected an affidavit concerning gifts and campaign contributions
will be required to accompany any State contract with a value of $50000 or more in a calendar
or fiscal year The completed form is submitted by the contractor to the awarding State agency
at the time of contract execution The form is also used with a multi-year contract to update the
initial certification on an annual basis For the most current information and to view the
affidavit go to httpwwwctgovopmfinethics_forms
9 Iran Certification
Proposers are advised that no state agency or quasi-public agency shall enter into any large state
contract or amend or renew any such contract with any entity who (1) has failed to submit a
written certification indicating whether or not such entity has made a direct investment of
twenty million dollars or more in the energy sector of Iran on or after October 1 2013 as
described in Section 202 of the Comprehensive Iran Sanctions Accountability and Divestment
Act of 2010 or has increased or renewed such investment on or after said date or (2) has
submitted a written certification indicating that such entity has made such an investment on or
after October 1 2013 or has increased or renewed such an investment on or after said date
Each such certification shall be sworn as true to the best knowledge and belief of the entity
signing the certification subject to the penalties of false statement For the most current
information and to obtain various electronic formats of OPMrsquos Iran Certification Form 7 go to
httpwwwctgovopmfinethics_forms
Iran Certification Form 7 must be submitted for any large state contract as defined in section
4-250 of the Connecticut General Statutes Entities whose principal place of business is located
outside of the United States are required to complete the entire form including the certification
portion of the form United States subsidiaries of foreign corporations are exempt from having
to complete the certification portion of the form Those entities whose principal place of
business is located inside of the United States must also fill out the form but do not have to
complete the certification portion of the form
10 Contract Compliance Requirements
Provide evidence of the Proposerrsquos ability to meet the contract compliance requirements for one
or more of the following factors (1) success in implementing an affirmative action plan
Page 8 of 23
(2) success in developing an apprenticeship program complying with sectsect 46a-68-1 to 46a-68-
17 inclusive of the Regulations of Connecticut State Agencies (3) promise to develop and
implement a successful affirmative action plan (4) submission of Contract Compliance
Monitoring Report indicating that the composition of the Proposerrsquos workforce is at or near
parity in the relevant labor market area or (5) promise to set aside a portion of the contract for
legitimate minority business enterprises
Forms are available on the CHRO website The following table will assist in determining which
forms are required
Contract Amount Bidder Contract Compliance
Monitoring Report Required ndash
Affidavit for Certification of
Subcontractors as MBErsquos as applic
Affirmative Action
Plan Required
CHRO Requires
Pre Approval of
Affirmative Action
Plan
$0 - $4000 No No na
Non Public Works Contract
$400001 -
$24999999
Yes No na
$250000 or more Yes Yes No
Public Works Contract
$400001 - $50000 Yes No na
$5000001 - $500000 Yes Yes No
$50000001 or more Yes Yes Yes
The State of Connecticut is an Equal Opportunity and Affirmative Action employer and does
not discriminate in its hiring employment or business practices The State is committed to
complying with the Americans with Disabilities Act of 1990 (ADA) and does not discriminate
on the basis of disability in admission to access to or operation of its programs services or
activities
At the time of contract execution a fully executed non-discrimination certification will also be
required
11 RFP Conditions
A All proposals in response to this RFP are to be the sole property of DEEP Proposers
are encouraged not to include in their proposals any information that is proprietary All
materials associated with this procurement process are subject to the terms of State
laws defining freedom of information and privacy and all rules regulations and
interpretations resulting from those laws
B Any product whether acceptable or unacceptable developed under a contract awarded
as a result of the RFP is to be the sole property of DEEP
Page 9 of 23
C Timing and sequence of events resulting from this RFP will ultimately be determined
by DEEP
D The Proposer agrees that the proposal will remain valid for a period of 180 days after
the deadline for submission and may be extended beyond that time by mutual
agreement
E DEEP may amend or cancel this RFP prior to the due date and time if DEEP deems it
to be necessary appropriate or otherwise in the best interests of DEEP Failure to
acknowledge receipt of amendments in accordance with the instructions contained in
the amendments may result in a proposal not being considered
F The Proposer must certify that the personnel identified in its response to this RFP will
be the persons actually assigned to the project Any additions deletions or changes in
personnel assigned to the project must be approved by DEEP or its designee with the
exception of personnel who have terminated employment Replacements for personnel
who have terminated employment are subject to approval by DEEP or its designee At
its discretion DEEP may require the removal and replacement of any of the Proposers
personnel who do not perform adequately on the project regardless of whether they
were previously approved by DEEP
G Any costs and expenses incurred by Proposers in preparing or submitting proposals are
the sole responsibility of the Proposer
H A Proposer must be prepared to present evidence of experience ability service
facilities and financial condition necessary to satisfactorily meet the requirements set
forth or implied in the proposal
I No additions or changes to the original proposal will be allowed after submission
While changes are not permitted clarification of proposals may be required by DEEP
at the Proposerrsquos sole cost and expense
J The Proposer represents and warrants that the proposal is not made in connection with
any other Proposer and is in all respects fair and without collusion or fraud The
Proposer further represents and warrants that the Proposer did not participate in any
part of the RFP development process had no knowledge of the specific contents of the
RFP prior to its issuance and that no agent representative or employee of DEEP
participated directly in the Proposerrsquos proposal preparation
K All responses to the RFP must conform to instruction Failure to include any required
signatures provide the required number of copies to meet deadlines answer all
questions follow the required format or failure to comply with any other requirements
of this RFP may be considered appropriate cause for rejection of the response
L The contract will represent the entire agreement between the Proposer and DEEP and
will supersede all prior negotiations representations or agreements alleged or made
between the parties DEEP or the State shall assume no liability for payment of services
under the terms of the contract until the successful Proposer is notified that the contract
has been accepted and approved by DEEP and by the AGrsquos Office The contract may
be amended only by means of a written instrument signed by DEEP the Proposer and
the AGrsquos Office
Page 10 of 23
M Contractor shall interact with the United States Coast Guard (USCG) as required to
maintain the designation of the facility as a Public Access Facility including but not
limited to any periodic revalidation process requested by the USCG
12 Rights Reserved to DEEP
The DEEP reserves the right to award in part to reject any and all proposals in whole or in part
for misrepresentation or if the Proposer is in default of any prior State contract or if the
proposal limits or modifies any of the terms and conditions andor specifications of the RFP
The DEEP also reserves the right to waive technical defect irregularities and omissions if in
its judgment the best interest of DEEP will be served
DEEP reserves the right to correct inaccurate awards resulting from its clerical errors This
may include in extreme circumstances revoking the awarding of a contract already made to a
Proposer and subsequently awarding the contract to another Proposer Such action on the part
of DEEP shall not constitute a breach of contract on the part of DEEP since the contract with
the initial Proposer is deemed to be void from the beginning and of no effect as if no contract
ever existed between DEEP and the Proposer
13 Agencyrsquos Standard Contract and Conditions
The Proposer must accept DEEPrsquos standard contract language and conditions See Attachment
for Standard Contract Conditions
14 Park Descriptions
A Location
The Eagle Landing State Park property is located at 19 Bridge Road in Haddam
Connecticut and borders the western riverbank of the Connecticut River
B Access
Eagle Landing State Park can be accessed from the West following Route 9 to Exit 7(Rt
82 E) or from the East following Route 82 over the swing bridge
C Property Existing Conditions
The Eagle Landing property is approximately 16 acres and includes four (4) docks three
parking areas an access road a small outbuilding with a power supply and two butler-
style buildings in the northeastern corner of the property Approximately 20 acres on the
eastern portion of the site is flat and lies within the floodplain of the river It was
previously used as a parking area by the previous owner The parking lots are divided
into several distinct lots and are delineated by guardrails The lots can be gated off when
not in use During the spring thaw the property has had a history of being flooded in
areas for multiple days
The park has 1100 feet+ of frontage along the Connecticut River The Connecticut River
is navigable from Long Island Sound northward to Hartford Much of the Connecticut
River view shed is lined with trees and low-lying vegetation giving the river a
ldquowildernessrdquo feel The Connecticut River is the most popular recreational waterway in
Connecticut supporting thousands of cruising vessels and recreational boats and numerous
marinas It is also a very active commercial waterway with hundreds of barges traveling
Page 11 of 23
on the river supplying the fuel docks and tank farms with oil for the cities and towns in
the CT River Valley
The western portion of the property slopes upward to meet a rail line owned by the State
of Connecticut Department of Energy amp Environmental Protection and maintained and
operated by the Valley Railroad Company The Valley Railroad Company operates the
Essex Steam Train
The concession area is delineated by a yellow dashed line as shown on the attached
concession area map Beginning at the northern portion of the concession area the
following structuresinfrastructure are included in the concession contract One butler-
style building (westernmost butlerndashstyle building) Parking Lot 1 Docks1 and 2 use
of the access road use of small former ticket booth building with available power in the
successful proposerrsquos name and Dock 3
The area located to the south of the concession area is approximately 7+ acres but only 4
acres are developed The undeveloped parcel is proposed to become a public boat ramp
facility and is currently being analyzed for resource and engineering issues Included in
this parcel is Dock 4 and Parking Lots 2 and 3 While this property located to the
south of the concession area will not be part of the bid or agreement for Boat
DockingEducational purposes it will be offered to the successful proposer for use as a
docking facility under a short-term Special Use License This license will expire as soon
as construction on the boat ramp commences
It should be noted that the access road to the Eagle Landing property must be kept open
for access by the private residential properties to the south of Eagle Landing
D Existing Condition of Dock
A few minor repairs would help improve the condition of Docks 1 2 and 3 but all are
functioning and usable in their present condition Dock 4 which is not included in the
concession contract has sustained significant damage is not currently usable and is
considered a safety hazard The Concessionaire or Special Use License Holder would be
responsible to certify that the docks can safely secure the size vessel(s) to be used
throughout the duration of this concession The depth of the water on the river side of
the dock varies from 16 feet to 19 feet There is submerged aquatic vegetation between
the docks and the riverbank that may contain species of concern
Before the commencement of any dock maintenance activity to the 4 docks described
above DEEPrsquos Natural Diversity Data Base (NDDB shall be consulted and DEEPrsquos
Land amp Water Resources Division (LWRD) shall be contacted to determine if a permit is
required for such work
E Adjacent Uses
Northward The northern boundary of Eagle Landing State Park is a private home and
CT State Route 82 There is a fence between the State park and the private property The
Page 12 of 23
East Haddam Swing Bridge spans the Connecticut River just north of Dock 1 (See
Attachment D) Andrews Marina is situated on the north side of Route 82
Southward The southern boundary of Eagle Landing State Park is bounded by a
development of private cottages There is an unpaved road which provides residents of
these cottages access to their homes Vehicles utilizing the Boat Concession or the Boat
Ramp may not park along the shoulders of the road or block it in any way
F ZoningSurrounding Land Use
The Town of Haddam zoned this property as ldquoCommercialrdquo and also ldquoState Park amp
Forestrdquo Commercial Boating activities are permitted in the Commercial Zone Eagle
Landing State Park is bounded on both the north and south by a ldquoLow density
RuralResidential Zonerdquo The town recommends a vegetative buffer between Commercial
uses and Residential areas Overlying the entire parcel is the Federal Emergency
Management Administration (FEMA) 100-year Flood Plain zone FEMA requirements
must be applied to any new development so as not to exacerbate flooding events
G Connecticut River Gateway Commission
Eagle Landing lies within the CT River Gateway Conservation Zone
In 1973 the Connecticut General Assembly passed legislation allowing the establishment
of the Connecticut River Gateway Commission a state-local compact for the protection
of the Lower Connecticut River Valley Then and now this valley is widely recognized
as one of the most important natural recreational and scenic areas of the State of
Connecticut One year later in July 1974 the Commission became operational with the
Connecticut Department of Environmental Protection two regional planning agencies and
all eight eligible towns participating
The Gateway Conservation Zone which is the geographic focus of the Commissions
activities is approximately thirty miles in length and includes those portions of the eight
member towns (Chester Deep River East Haddam Essex Haddam Lyme Old Lyme
Old Saybrook) lying within view of the river In recent years it has become an area of
interest for a number of other environmental organizations as well The Nature
Conservancy has designated the Connecticut River Tidelands as one of its Last Great
Places the Connecticut Department of Energy amp Environmental Protection has obtained
the recognition of the rivers tidelands as internationally significant wetlands under the
terms of the International Ramsar Convention the Secretary of the US Department of
Interior has publicly recognized the lower Connecticut River valley as one of the most
important ecological landscapes in the United States and in 1999 the River was
designated as one of 14 American Heritage Rivers by the President of the United States
The mission of this Commission given to it by the Connecticut General Assembly nearly
two decades ago is to preserve the unique scenic ecological scientific and historic
values of the lower Connecticut River valley for the enjoyment of present and future
generations of Connecticut citizens
Page 13 of 23
Development beyond what has previously been permitted must be reviewed by the
Gateway Commission to ensure that it meets the mission and goals of the Gateway
Commission
H Limitations on the Site
A Hours of Operation Hours of Operation of the Concession shall be limited to Sunrise
until 200AM (0200 Hrs)
B Overnight Parking All vehicles must vacate the property by 200 AM (0200Hrs)
C Alcohol Service will be limited to the vessel No alcohol service shall be allowed on
the docks or in other locations on the property
D Amplified sound (bands DJ etc) with the exception of safety instructions shall
not commence until vessels have departed from the dock and must cease prior to final
docking
E Concession shall not sublet any part of the property unless approved by the
Department of Energy amp Environmental Protection
F No new structures shall be erected and no maintenance shall be done to the existing
docks unless approved in writing by the Commissioner or Designee of the
Department of Energy amp Environmental Protection and all applicable permits have
been obtained
Page 14 of 23
Maps of Site
Page 15 of 23
Page 16 of 23
LETTER OF INTENT TO SUBMIT A PROPOSAL
State of Connecticut
Department of Energy amp Environmental Protection
RFP for Eagle Landing State Park
Return to Tenia Seay
Department of Energy amp Environmental Protection
Bureau of Outdoor Recreation
79 Elm Street
Hartford CT 06106-5127
860-424-3064 (Phone)
860-424-4070 (FAX)
Return Deadline 400 pm July 20 2020
The individual firm or corporation below intends to submit a proposal in response to the above referenced RFP
Note This letter is a non-binding expression of interest and does not obligate the sender to submit a proposal
The individual firm or corporation below has reviewed and if selected accepts the agencyrsquos standard contract and
conditions (provided in the RFP) in their entirety and without amendment
Name
Mailing Address
Contact Person
Telephone
FAX
Signature
Title Date
Page 17 of 23
STATE OF CONNECTICUT
DEPARTMENT OF ENERGY AND ENVIRONMENTAL PROTECTION
BUREAU OF OUTDOOR RECREATION AND
CONNECTICUT STATE PARK AND FOREST RECREATION AREA
MOBILE FOOD AND BEVERAGE CONCESSION
THIS CONTRACT is made by and between the STATE OF CONNECTICUT acting herein by
the Commissioner of the Department of Energy and Environmental Protection hereinafter referred
to as Commissionerrdquo or DEEP or ldquoStaterdquo and [Insert Concessionaire] of the Town of
Waterbury and the state of Connecticut hereinafter referred to as the Concessionaire or
ldquoContractorrdquo
WITNESSETH
WHEREAS the Commissioner of Energy and Environmental Protection pursuant to Conn Gen
Stat 23-26 has the authority to enter into contractual relations with persons for the maintenance
of concessions and other sources of revenue to be derived from services to the general public using
state parks and
WHEREAS the Concessionaire desires to operate a Mobile Food and Beverage Concession
Service and render services to the public at
[Insert Name of Location]
NOW THEREFORE it is hereby agreed as follows
1 Mobile Food and Beverage Concession Service The Concessionaire agrees to operate a
Mobile Food and Beverage Concession Service at the above noted facility The Concessionaire
is responsible for all work included in this Contract Details regarding the Scope of Work are
included in Attachment A which is attached hereto and is hereby made a part of this contract
2 Duration The Commissioner hereby grants to the Concessionaire the exclusive right to
operate the above Mobile Food and Beverage Concession Service at the location identified for
the period commencing upon contract execution through [insert expiration date] At the
Commissionerrsquos sole discretion this contract may be renewed for up to [Insert number] years
without further competition
3 Payment In consideration of said rights and privileges the Concessionaire agrees to pay a
total of [insert amount] to the State of Connecticut due by [insert date] Payments shall be
made by check draft or money order payable to Treasurer State of Connecticut and
delivered or mailed to the Department of Energy and Environmental Protection Accounts
Receivable 79 Elm Street Hartford Connecticut 06106-5127
4 Nondisclosure Contactor shall not release any information concerning the services provided
pursuant to the Contract or any part thereof to any member of the public press business entity
or any official body unless prior written consent is obtained from the State
Page 18 of 23
STANDARD TERMS AND CONDITIONS (Rev 8302019)
1 Definitions
(a) State The State of Connecticut including the Department of Energy and Environmental Protection and
any office department board council commission institution or other agency of the State
(b) Commissioner The Commissioner of Energy and Environmental Protection or the Commissionerrsquos
designated agent
(c) Parties The Department of Energy and Environmental Protection (DEEP or Agency) and the Contractor
(d) Contractor Parties Contractor Parties shall be defined as a Contractorrsquos members directors officers
shareholders partners managers principal officers representatives agents servants consultants employees
or any one of them or any other person or entity with whom the Contractor is in privity of oral or written
contract and the Contractor intends for such other person or entity to Perform under the Contract in any
capacity To the extent that any Contractor Party is to participate or Perform in any way directly or indirectly
in connection with the Contract any reference in the Contract to the ldquoContractorrdquo shall also be deemed to
include ldquoContractor Partiesrdquo as if such reference had originally specifically included ldquoContractor Partiesrdquo
since it is the Partiesrsquo intent for the terms ldquoContractor Partiesrdquo to be vested with the same respective rights
and obligations as the terms ldquoContractorrdquo
(e) Contract This agreement as of its Effective Date between the Contractor and the State for any or all
goods or services as more particularly described in Appendix A
(f) Execution This contract shall be fully executed when it has been signed by authorized representatives
of the parties and if it is for an amount of Twenty-five thousand dollars ($2500000) or more by the
authorized representative of the state Attorney Generals office
(g) Exhibits All attachments appendices or exhibits referred to in and attached to this Contract are
incorporated in this Contract by such reference and shall be deemed to be a part of it as if they had been fully
set forth in it
(h) Records For the purposes of this Contract records are defined as all working papers and such other
information and materials as may have been accumulated by the Contractor in performing the Contract
including but not limited to documents data plans books computations drawings specifications notes
reports records estimates summaries and correspondence kept or stored in any form
(i) Confidential Information Confidential Information shall mean any name number or other information
that may be used alone or in conjunction with any other information to identify a specific individual
including but not limited to such individuals name date of birth mothers maiden name motor vehicle
operators license number Social Security number employee identification number employer or taxpayer
identification number alien registration number government passport number health insurance
identification number demand deposit account number savings account number credit card number debit
card number or unique biometric data such as fingerprint voice print retina or iris image or other unique
physical representation Without limiting the foregoing Confidential Information shall also include any
information that the Department classifies as ldquoconfidentialrdquo or ldquorestrictedrdquo Confidential Information shall
not include information that may be lawfully obtained from publicly available sources or from federal state
or local government records which are lawfully made available to the general public
(j) Confidential Information Breach Confidential Information Breach shall mean generally an instance
where an unauthorized person or entity accesses Confidential Information in any manner including but not
limited to the following occurrences (1) any Confidential Information that is not encrypted or protected is
misplaced lost stolen or in any way compromised (2) one or more third parties have had access to or taken
control or possession of any Confidential Information that is not encrypted or protected without prior written
authorization from the State (3) the unauthorized acquisition of encrypted or protected Confidential
Information together with the confidential process or key that is capable of compromising the integrity of the
Confidential Information or (4) if there is a substantial risk of identity theft or fraud to the client the
Contractor the Department or State
Page 19 of 23
(k) Claim Claim shall mean all actions suits claims demands investigations and proceedings of any kind
open pending or threatened whether mature unmatured contingent known or unknown at law or in equity
in any forum
2 Forum and Choice of Law The parties deem the Contract to have been made in the City of Hartford State of
Connecticut Both parties agree that it is fair and reasonable for the validity and construction of the Contract
to be and it shall be governed by the laws and court decisions of the State of Connecticut without giving effect
to its principles of conflicts of laws To the extent that any immunities provided by Federal law or the laws of
the State of Connecticut do not bar an action against the State and to the extent that these courts are courts of
competent jurisdiction for the purpose of venue the complaint shall be made returnable to the Judicial District
of Hartford only or shall be brought in the United States District Court for the District of Connecticut only and
shall not be transferred to any other court provided however that nothing here constitutes a waiver or
compromise of the sovereign immunity of the State of Connecticut The Contractor waives any objection which
it may now have or will have to the laying of venue of any Claims in any forum and further irrevocably submits
to such jurisdiction in any suit action or proceeding
3 Termination
(a) Notwithstanding any provisions in this Contract the Agency through a duly authorized employee may
Terminate the Contract whenever the Agency makes a written determination that such Termination is in
the best interests of the State The Agency shall notify the Contractor in writing of Termination pursuant
to this section which notice shall specify the effective date of Termination and the extent to which the
Contractor must complete its Performance under the Contract prior to such date
(b) Notwithstanding any provisions in this Contract the Agency through a duly authorized employee may
after making a written determination that the Contractor has breached the Contract Terminate the
Contract in accordance with the provisions in the Breach section of this Contract
(c) The Agency shall send the notice of Termination via certified mail return receipt requested to the
Contractor at the most current address which the Contractor has furnished to the Agency for purposes of
correspondence or by hand delivery Upon receiving the notice from the Agency the Contractor shall
immediately discontinue all services affected in accordance with the notice undertake all commercially
reasonable efforts to mitigate any losses or damages and deliver to the Agency all Records The Records
are deemed to be the property of the Agency and the Contractor shall deliver them to the Agency no later
than thirty (30) days after the Termination of the Contract or fifteen (15) days after the Contractor
receives a written request from the Agency for the Records The Contractor shall deliver those Records
that exist in electronic magnetic or other intangible form in a non-proprietary format such as but not
limited to ASCII or TXT
(d) Upon receipt of a written notice of Termination from the Agency the Contractor shall cease operations
as the Agency directs in the notice and take all actions that are necessary or appropriate or that the
Agency may reasonably direct for the protection and preservation of the Goods and any other property
Except for any work which the Agency directs the Contractor to Perform in the notice prior to the
effective date of Termination and except as otherwise provided in the notice the Contractor shall
terminate or conclude all existing subcontracts and purchase orders and shall not enter into any further
subcontracts purchase orders or commitments
(e) The Agency shall within forty-five (45) days of the effective date of Termination reimburse the
Contractor for its Performance rendered and accepted by the Agency in addition to all actual and
reasonable costs incurred after Termination in completing those portions of the Performance which the
notice required the Contractor to complete However the Contractor is not entitled to receive and the
Agency is not obligated to tender to the Contractor any payments for anticipated or lost profits Upon
request by the Agency the Contractor shall assign to the Agency or any replacement contractor which
the Agency designates all subcontracts purchase orders and other commitments deliver to the Agency
all Records and other information pertaining to its Performance and remove from State premises
whether leased or owned all of Contractorrsquos property equipment waste material and rubbish related to
its Performance all as the Agency may request
(f) For breach or violation of any of the provisions in the section concerning Representations and
Warranties the Agency may Terminate the Contract in accordance with its terms and revoke any
consents to assignments given as if the assignments had never been requested or consented to without
liability to the Contractor or Contractor Parties or any third party
(g) Upon Termination of the Contract all rights and obligations shall be null and void so that no party shall
Page 20 of 23
have any further rights or obligations to any other party except with respect to the sections which survive
Termination All representations warranties agreements and rights of the parties under the Contract
shall survive such Termination to the extent not otherwise limited in the Contract and without each one
of them having to be specifically mentioned in the Contract
(h) Termination of the Contract pursuant to this section shall not be deemed to be a breach of contract by
the Agency
4 Indemnification
(a) The Contractor shall indemnify defend and hold harmless the State and its officers representatives
agents servants employees successors and assigns from and against any and all (1) Claims arising
directly or indirectly in connection with the Contract including the acts of commission or omission
(collectively the Acts) of the Contractor or Contractor Parties and (2) liabilities damages losses
costs and expenses including but not limited to attorneys and other professionals fees arising directly
or indirectly in connection with Claims Acts or the Contract The Contractor shall use counsel
reasonably acceptable to the State in carrying out its obligations under this section The Contractorrsquos
obligations under this section to indemnify defend and hold harmless against Claims includes Claims
concerning confidentiality of any part of or all of the Contractorrsquos bid proposal or any Records any
intellectual property rights other proprietary rights of any person or entity copyrighted or uncopyrighted
compositions secret processes patented or unpatented inventions articles or appliances furnished or
used in the Performance
(b) The Contractor shall not be responsible for indemnifying or holding the State harmless from any liability
arising due to the negligence of the State or any other person or entity acting under the direct control or
supervision of the State
(c) The Contractor shall reimburse the State for any and all damages to the real or personal property of the
State caused by the Acts of the Contractor or any Contractor Parties The State shall give the Contractor
reasonable notice of any such Claims
(d) The Contractorrsquos duties under this section shall remain fully in effect and binding in accordance with the
terms and conditions of the Contract without being lessened or compromised in any way even where
the Contractor is alleged or is found to have merely contributed in part to the Acts giving rise to the
Claims andor where the State is alleged or is found to have contributed to the Acts giving rise to the
Claims
(e) The Contractor shall carry and maintain at all times during the term of the Contract and during the time
that any provisions survive the term of the Contract sufficient general liability insurance to satisfy its
obligations under this Contract The Contractor shall cause the State to be named as an additional insured
on the policy and shall provide (1) a certificate of insurance (2) the declaration page and (3) the
additional insured endorsement to the policy to the State and the Client Agency all in an electronic format
acceptable to the State prior to the Effective Date of the Contract evidencing that the State is an additional
insured The Contractor shall not begin Performance until the delivery of these three documents to the
Client Agency Contractor shall provide an annual electronic update of the three documents to the Client
Agency and the State on or before each anniversary of the Effective Date during the Contract term State
shall be entitled to recover under the insurance policy even if a body of competent jurisdiction determines
that State is contributorily negligent
(f) This section shall survive the Termination of the Contract and shall not be limited by reason of any
insurance coverage
5 Sovereign Immunity The parties acknowledge and agree that nothing in the Solicitation or the Contract shall
be construed as a modification compromise or waiver by the State of any rights or defenses of any immunities
provided by Federal law or the laws of the State of Connecticut to the State or any of its officers and employees
which they may have had now have or will have with respect to all matters arising out of the Contract To the
extent that this section conflicts with any other section this section shall govern
6 Protection of Confidential Information Contractor and Contractor Parties at their own expense have a duty to
and shall protect from a Confidential Information Breach any and all Confidential Information which they come
to possess or control wherever and however stored or maintained in a commercially reasonable manner in
accordance with current industry standards
(b) Each Contractor or Contractor Party shall develop implement and maintain a comprehensive data -
security program for the protection of Confidential Information The safeguards contained in such
Page 21 of 23
program shall be consistent with and comply with the safeguards for protection of Confidential
Information and information of a similar character as set forth in all applicable federal and state law
and written policy of the Agency or State concerning the confidentiality of Confidential Information
Such data-security program shall include but not be limited to the following
(1) A security policy for employees related to the storage access and transportation of data containing
Confidential Information
(2) Reasonable restrictions on access to records containing Confidential Information including access
to any locked storage where such records are kept
(3) A process for reviewing policies and security measures at least annually
(4) Creating secure access controls to Confidential Information including but not limited to passwords
and
(5) Encrypting of Confidential Information that is stored on laptops portable devices or being
transmitted electronically
(c) The Contractor and Contractor Parties shall notify the Agency and the Connecticut Office of the Attorney
General as soon as practical but no later than twenty-four (24) hours after they become aware of or
suspect that any Confidential Information which Contractor or Contractor Parties have come to possess
or control has been subject to a Confidential Information Breach If a Confidential Information Breach
has occurred the Contractor shall within three (3) business days after the notification present a credit
monitoring and protection plan to the Commissioner of Administrative Services the Agency and the
Connecticut Office of the Attorney General for review and approval Such credit monitoring or
protection plan shall be made available by the Contractor at its own cost and expense to all individuals
affected by the Confidential Information Breach Such credit monitoring or protection plan shall include
but is not limited to reimbursement for the cost of placing and lifting one (1) security freeze per credit
file pursuant to Connecticut General Statutes sect 36a-701a Such credit monitoring or protection plans
shall be approved by the State in accordance with this Section and shall cover a length of time
commensurate with the circumstances of the Confidential Information Breach The Contractorsrsquo costs
and expenses for the credit monitoring and protection plan shall not be recoverable from the Agency
any State of Connecticut entity or any affected individuals
(d) The Contractor shall incorporate the requirements of this Section in all subcontracts requiring each
Contractor Party to safeguard Confidential Information in the same manner as provided for in this
Section
(e) Nothing in this Section shall supersede in any manner Contractorrsquos or Contractor Partyrsquos obligations
pursuant to HIPAA or the provisions of this Contract concerning the obligations of the Contractor as a
Business Associate of Covered Entity
7 Executive Orders This Contract is subject to the provisions of Executive Order No Three of Governor Thomas
J Meskill promulgated June 16 1971 concerning labor employment practices Executive Order No Seventeen
of Governor Thomas J Meskill promulgated February 15 1973 concerning the listing of employment
openings and Executive Order No Sixteen of Governor John G Rowland promulgated August 4 1999
concerning violence in the workplace all of which are incorporated into and are made a part of the Contract as
if they had been fully set forth in it The Contract may also be subject to Executive Order No 14 of Governor
M Jodi Rell promulgated April 17 2006 concerning procurement of cleaning products and services and to
Executive Order No 49 of Governor Dannel P Malloy promulgated May 22 2015 mandating disclosure of
certain gifts to public employees and contributions to certain candidates for office If Executive Order 14 andor
Executive Order 49 are applicable they are deemed to be incorporated into and are made a part of the Contract
as if they had been fully set forth in it At the Contractorrsquos request the Client Agency or DAS shall provide a
copy of these orders to the Contractor
8 State Liability The State of Connecticut shall assume no liability for payment for services under the terms of
this agreement until the contractor is notified that this agreement has been accepted by the contracting agency
and if applicable approved by the Office of Policy and Management (OPM) or the Department of
Administrative Services (DAS) and by the Attorney General of the State of Connecticut
9 Distribution of Materials The Contractor shall obtain written approval from the Commissioner prior to the
distribution or publication of any materials prepared under the terms of this Contract Such approval shall not
be unreasonably withheld
10 Change in Principal Project Staff Any changes in the principal project staff must be requested in writing and
approved in writing by the Commissioner at the Commissionerrsquos sole discretion In the event of any
Page 22 of 23
unapproved change in principal project staff the Commissioner may in the Commissionerrsquos sole discretion
terminate this Contract
11 Further Assurances The Parties shall provide such information execute and deliver any instruments and
documents and take such other actions as may be necessary or reasonably requested by the other Party which
are not inconsistent with the provisions of this Contract and which do not involve the vesting of rights or
assumption of obligations other than those provided for in the Contract in order to give full effect to the
Contract and to carry out the intent of the Contract
12 Third Party Participation The Contractor may make sub-awards using either its own competitive selection
process or the values established in the statersquos competitive selection process as outlined in DAS General Letter
71 whichever is more restrictive to conduct any of the tasks in the Scope of Work contained in Appendix A
The Contractor shall advise the Commissioner of the proposed sub-awardee and the amount allocated at least
two (2) weeks prior to the making of such awards The Commissioner reserves the right to disapprove such
awards if they appear to be inconsistent with the program activities to be conducted under this grant As
required by Sec 46a-68j-23 of the Connecticut Regulations of State Agencies the Contractor must make a good
faith effort based upon the availability of minority business enterprises in the labor market area to award a
reasonable proportion of all subcontracts to such enterprises When minority business enterprises are selected
the Contractor shall provide DEEP with a copy of the Affidavit for Certification of Subcontractors as Minority
Business Enterprises (MBE) along with a copy of the purchase order or contract engaging the Subcontractor
The Contractor shall be the sole point of contact concerning the management of the Contract including
performance and payment issues The Contractor is solely and completely responsible for adherence by any
subcontractor to all the applicable provisions of the Contract
13 Americans with Disabilities Act The Contractor shall be and remain in compliance with the Americans with
Disabilities Act of 1990 (ldquoActrdquo) to the extent applicable during the term of the Contract The DEEP may
cancel the Contract if the Contractor fails to comply with the Act
14 Affirmative Action and Sexual Harassment Policies The Contractor agrees to comply with the Departments
Affirmative Action and Sexual Harassment Policies available on DEEPrsquos web site Hard copies of the policy
statements are available upon request at DEEP
15 Breach If either Party breaches the Contract in any respect the non-breaching Party shall provide written
notice of the breach to the breaching Party and afford the breaching Party an opportunity to cure within ten (10)
days from the date that the breaching Party receives the notice In the case of a Contractor breach any other
time period which the Agency sets forth in the notice shall trump the ten (10) days The right to cure period
shall be extended if the non-breaching Party is satisfied that the breaching Party is making a good faith effort
to cure but the nature of the breach is such that it cannot be cured within the right to cure period The notice
may include an effective Contract Termination date if the breach is not cured by the stated date and unless
otherwise modified by the non-breaching Party in writing prior to the Termination date no further action shall
be required of any Party to effect the Termination as of the stated date If the notice does not set forth an
effective Contract Termination date then the non-breaching Party may Terminate the Contract by giving the
breaching Party no less than twenty four (24) hours prior written notice If the Agency believes that the
Contractor has not performed according to the Contract the Agency may withhold payment in whole or in part
pending resolution of the Performance issue provided that the Agency notifies the Contractor in writing prior
to the date that the payment would have been due
16 Severability If any term or provision of the Contract or its application to any person entity or circumstance
shall to any extent be held to be invalid or unenforceable the remainder of the Contract or the application of
such term or provision shall not be affected as to persons entities or circumstances other than those as to whom
or to which it is held to be invalid or unenforceable Each remaining term and provision of the Contract shall
be valid and enforced to the fullest extent possible by law
17 The Town Guarantee The Town shall furnish adequate protection from damage for all work and to repair any
damage of any kind for which he or his workmen are responsible to premises or any equipment to his own
work or to the work of the Agency pay for all permits licenses and fees and to give all notices and comply
with all laws ordinances rules and regulations of the city state and federal government
18 Force Majeure The Parties shall not be excused from their obligation to perform in accordance with the
Contract except in the case of Force Majeure events and as otherwise provided for in the Contract A Force
Majeure event materially affects the cost of the Goods or Services or the time schedule for performance and is
outside the control nor caused by the Parties In the case of any such exception the nonperforming Party shall
give immediate written notice to the other explaining the cause and probable duration of any such
Page 23 of 23
nonperformance
19 Entirety of Contract The Contract is the entire agreement between the Parties with respect to its subject matter
and supersedes all prior agreements proposals offers counteroffers and understandings of the Parties whether
written or oral The Contract has been entered into after full investigation neither Party relying upon any
statement or representation by the other unless such statement or representation is specifically embodied in the
Contract
20 Interpretation The Contract contains numerous references to statutes and regulations For purposes of
interpretation conflict resolution and otherwise the content of those statutes and regulations shall govern over
the content of the reference in the Contract to those statutes and regulations
A-1
Attachment A
Scope of Work
Mobile Food and Beverage Concession Services
1 Insurance The Concessionaire shall furnish evidence of insurance A Certificate of Insurance
covering each annual period of this contract shall reflect the following limits and shall be submitted
by the Concessionaire to the Department of Energy and Environmental Protection by April 1 of each
year this contract is in effect
a Commercial General Liability insurance providing a total limit of $1000000 for all damages
arising from bodily injury to or death of all persons in any accident or occurrence and for all
damages arising from the destruction of or damage to property in any one accident or occurrence
In cases where any insurance policy shows an aggregate limit the aggregate shall apply solely to
the concession operation or the aggregate limit shall be not less than $2000000
b The operation of all motor vehicles including those hired or borrowed used in connection with
this contract shall be covered by Automobile Liability insurance providing for a total limit of
$1000000 for all damages arising from bodily injuries to or death of all persons in any one
accident or occurrence and for all damages arising from the destruction of or damage to property
in any one accident or occurrence In cases where any insurance policy shows an aggregate limit
the aggregate shall apply solely to the concession operation or the aggregate limit shall be not less
than $2000000
c The Concessionaire shall carry Workerrsquos Compensation insurance in accordance with the
requirements of the laws of the State of Connecticut
d Said coveragersquos are to be provided by insurance companies licensed by the State of Connecticut
e Any deductibles or self-insured retentions must be declared and approved by the State
f The State of Connecticut shall be listed as an Additional Insured on all required coverage
2 Commodities and Price List
a The Concessionaire shall be allowed to sell food and beverages as approved in advance by the
Commissioner
b The Concessionaire shall be allowed to sell souvenirs and other outdoor recreation related
merchandise hereinafter referred to collectively as merchandise as approved in advance by the
Commissioner
c By April 1 of each year that this contract is in effect the Concessionaire shall submit for approval
a price list of all foods beverages and merchandise for sale hereinafter referred to collectively as
commodities to the Department of Energy and Environmental Protection Bureau of Outdoor
Recreation Division of State Parks and Public Outreach 79 Elm Street Hartford CT 06106-5127
d Any price increases or additions of commodities are subject to the prior written approval of the
Commissioner
e The Concessionaire shall post a price list of all commodities for sale in full public view while in
operation
f Whenever the park name is used on merchandise the complete park name shall be used
g The Concessionaire warrants that all commodities offered for sale shall not exceed in price nor be
substandard in quality or quantity to like commodities sold in the surrounding community
A-2
3 Sunscreen All concession operations in a park having a designated swimming area shall have
sunscreen with a Sun Protection Factor (SPF) of at least 15 for adults and 45 for children available for
sale to the general public
4 Use of Biodegradable Products To the extent practicable the Concessionaire agrees to use
recyclable and biodegradable products and packaging in all of its operations ie paper products or
products containing recycled contents The Concessionaire agrees to not dispense food or beverages
in close-celled foam-based containers
5 Prohibitions The Concessionaire shall not
a dispense food or beverages in glass containers
b dispense alcoholic beverages
c sell snorkels beach balls rafts or other inflatable or buoyant devices except US Coast Guard
approved personal flotation devices (PFDs)
d permit gratuities to employees of the State of Connecticut
e provide video or pinball games
6 Hours of Operation
a The Concessionaire may operate the Concession daily between 800 am and sunset on any day
that this contract is in effect
b From the Saturday before Memorial Day through July 4th the Concessionaire shall open the
concession on Saturdays Sundays and holidays not later than 1100 am except during inclement
weather and the concession shall remain open at least until three hours before but not later than
sunset
c From July 4th through Labor Day the Concessionaire shall open the concession daily not later than
1100 am except during inclement weather and the concession shall remain open at least until
three hours before but not later than sunset
d Deviations from the above stated schedules are allowable but must receive advanced approval in
writing from the Park and Recreation Supervisor
e When closing due to inclement weather the Concessionaire shall immediately notify the Park and
Recreation Supervisor The Concessionaire shall keep in the concession vehicle at all times a log
of all closures due to inclement weather and it shall be immediately available to the Park and
Recreation Supervisor upon request for inspection
f Within 30 days of closing the concession for the season but in no case later than December 31 of
each calendar year that this contract is in effect the Concessionaire shall submit an Annual
Inclement Weather Closure Report to the Park and Recreation Supervisor
7 Health Department Inspections The Concessionaire is responsible for scheduling inspections by
the appropriate local health department prior to April 15th of each year this contract is in effect The
Concessionaire is responsible for and shall directly pay for any fees charged for such inspections
8 Health Department Permit The Concessionaire will annually obtain a ldquopermit to sellrdquo from the local
health department and submit a copy of said permit to the DEEP Division of State Parks amp Public
Outreach not later than April 30th of each year this contract is in effect Other Permits The
Concessionaire shall be solely responsible for securing any other licenses permits approvals or
waivers required by any other federal state regional or municipal authority having jurisdiction in the
town(s) in which the Concession is located
9 State Property The Concessionaire shall install no fixed equipment nor make any physical changes
to state property without the prior written approval of DEEP Any improvements or permanent fixtures
approved by the DEEP and provided by the Concessionaire during the term of this contract shall
immediately become the property of the State of Connecticut
A-3
10 Public Health Code The Concessionaire agrees to conform to the Public Health Code of the State of
Connecticut concerning the storage handling and vending of food
11 Refuse Disposal The Concessionaire at its sole expense shall be responsible for the proper disposal
and removal of all recyclables and trash generated by operation of the concession For additional
information see the DEEP website for Managing Waste and Recycling at Special Events and Other
Venues the direct URL address for which is
httpwwwctgovdepcwpviewaspa=2714ampq=434054ampdepNav_GID=1645
12 General Maintenance The Concessionaire shall be responsible for maintaining the Concession area
in a clean sanitary and orderly manner
13 Exclusivity With the exception of vending machines and commodities having prior written approval
for DEEP sanctioned events including but not limited to events authorized by a Special Use License
the Concessionaire shall have the exclusive right to sell commodities within the property named
herein
14 Vending Machines The State of Connecticut Board of Education and Services for the Blind (BESB)
shall have exclusive rights to vending machines on the premises of the concessions and other
authorized areas within the park or forest for the purpose of vending foods and beverages and to collect
receipts there from provided that the number and locations of such vending machines shall receive
prior written approval from a representative of the DEEP
15 Rights of Park Visitors The Concessionaire agrees that nothing contained in the terms of this
contract shall prevent visitors from bringing food to the park and preparing such food for personal
consumption including dispensing such food at no charge to other park visitors Park visitors may
also utilize private catering services with advanced written approval of the Park and Recreation
Supervisor Said catering services may only be permitted with the condition that no financial
transactions occur on DEEP property
16 Concession Staffing The concession shall be staffed only by the Concessionaire or its employee(s)
or other agents identified herein unless otherwise authorized by the Commissioner in writing
17 Code of Conduct Due to the public service nature of the Concession the Concessionaire and all
employees of the Concessionaire shall conduct themselves in a courteous respectful and professional
manner with all members of the public
18 Appearance The Concessionaire and its employees shall be clean and neat in appearance Wearing
an item of uniform eg a shirt hat or badge identifying the name of the Concessionaire employee or
business is encouraged
19 Audible Devices The Concessionaire shall activate audible devices (loudspeakers music bells etc)
only in accordance with instructions provided by the Park and Recreation Supervisor Instructions are
subject to change immediately at the discretion of the Park and Recreation Supervisor
20 Concession Location Unless authorized by the Park and Recreation Supervisor to do otherwise the
Concessionaire agrees to
a identify all park-and-sit locations or drive-through routes on a park map
b confine all concession operations to the designated Concession areas
c confine all sales and advertising to the concession vehicle
d provide garbage and recycling receptacles for customer use
21 Food Inspection An authorized representative of the Commissioner may conduct an unannounced
in-season food inspection once per calendar year Upon request the Concessionaire shall provide a
A-4
range of food and beverage items proportionate to one meal to the Commissionerrsquos
representative for food-tasting purposes
22 Financial Reporting Within 30 days of closing the Concession for the season but in no case
later than December 31 of each calendar year that this contract is in effect the Concessionaire
shall submit a certified statement of annual gross receipts attested to by a Notary Public or a
Commissioner of the Superior Court to Department of Energy and Environmental Protection
Bureau of Outdoor Recreation Division of State Parks and Public Outreach 79 Elm Street
Hartford CT 06106-5127
23 Revenue DEEP shall have no responsibility for revenue loss directly or indirectly attributable
to DEEP management actions including but not limited to changes in park or campground
schedules or operations or in services provided to the visiting public DEEP shall have no
responsibility for revenue loss directly or indirectly attributable to uncontrollable phenomena
including but not limited to attendance loss weather conditions or other Acts of God
24 Compliance The Concessionaire agrees to comply with the regulations of the Department of
Energy and Environmental Protection regarding State Park and Forest Recreation Areas and
with any other department policy concerning the operation of concessions
The parties have hereunto set their hands
SIGNED AND DELIVERED below
STATE OF CONNECTICUT
Department of Energy and Environmental
Protection
CONCESSIONAIRE
BY BY
Date Date
Contract ______________
Acct Fund SID DeptId Prog Project Bud
Ref Amount
Funds available Date
Attorney General (Approved as to Form) Date
Page 4 of 23
and Sample Contract Section 4) in their entirety and without amendment The statement must
be signed by the Proposer
5 RFP Timeline
The following timeline up to and including the deadline for submitting proposals shall be
changed only by an amendment to this RFP Dates after the deadline are target dates only
June 30 2020 RFP Released
July 20 2020 Letter of Intent Due
July 27 2020 Deadline for Questions
August 10 2020 Official Answers Released
September 9 2020 at 400 pm Deadline for Submitting Proposals
September 22 2020 Contractor Selection
September 29 2020 Start of Contract Negotiations
January 1 2021 Start of Contract
6 Instructions for Proposers
A Required Format for Proposals
All proposals must follow the required format below (or use Proposal Submission Form)
and address all requirements listed in the prescribed order using the prescribed numbering
system Failure to follow the required format may result in the disqualification of a
proposal
1) Contractor Information
a) Name of Proposer - Provide the ldquolegalrdquo name of the Proposer Note that if
Proposer is a Connecticut firm name must be exactly as registered with the
Secretary of State as listed on Concord located at httpwwwconcord-
sotsctgovCONCORDonlineeid=99ampsn=InquiryServlet Social Security or
FEIN will be required when the contract is drafted
b) Proposerrsquos Representatives The Proposer must designate an authorized
representative and one alternate who may speak and act on behalf of the Proposer
in all dealings with the agency if necessary Provide the following information for
each individual
(1) Contact Name and Title
(2) Business Location
(3) Mailing Address
(4) Telephone Number
(5) Fax Number
(6) E-mail Address (If Available)
(7) Normal business hours
Page 5 of 23
2) Outline of Work
a) Work Plan
Provide a detailed task-oriented breakdown for each activity in the Outline
of Work Proposers wishing to add activities to those specified in the
Outline of Work must show the additions as separately numbered tasks
b) Methodologies
Describe how each activity (task) will be accomplished providing a
detailed explanation of the procedures or processes that will be used to
attain the expected outcomes
c) Deliverables
List and describe the form and content of each deliverable (outcome)
Include a description of the proposed method of working with the agency
the resources or services requested of the agency (if any) and the proposed
method of receiving agency approval of deliverables
d) Schedule
Include a proposed work schedule by activity indicating when each
activity will be accomplished Identify any significant milestones or
deadlines Include due dates for all deliverables
e) Key Personnel
Identify the key personnel that will be assigned to this project Attach
resumes reflecting their qualifications including related work experience
[Note The Department must be notified in writing and in advance
regarding the departure of any key personnel from the project]
f) Proposed Cost
Include a cost proposal using the required format (below) Proposers must
submit all-inclusive fixed cost based on completion of entire project
Proposer must include both labor and materials in cost
The cost proposal must be prepared on one sheet of 8rdquox11rdquo white paper
The Proposerrsquos contact information must be printed at the top of the
proposal The original cost proposal and six duplicate copies must be placed
in an 8rdquox11rdquo envelope and sealed The Proposerrsquos contact information must
be printed on the envelope
Deliverable Fixed Cost
Task 1 $ xxxxxxx
Task 2 $ xxxxxxx
Task 3 $ xxxxxxx
Page 6 of 23
3) Conflict of Interest
Include a disclosure statement concerning any current business relationships
(within the last 3 years) that may pose a conflict of interest as defined by CGS sect
1-85
B Minimum Submission Requirements
At a minimum one original (clearly identified as such) and three (3) conforming copies of
each proposal must (1) be signed by the Proposer (2) be submitted before the deadline (3)
follow the required format (4) be complete (5) include the SEEC Form 10 as required
and (6) satisfy the packaging and labeling requirements Proposals that fail to meet these
minimum submission requirements may be disqualified and not reviewed further
C References
Include three letters of reference from recent clients Provide the following information
for each reference name title company address and phone number
D Style Requirements
Proposals must conform to the following requirements (1) be word processed or
typewritten (2) use font size of not less than 10 and not more than 12 points (3) have
margins of not less than 1rdquo on the top bottom and sides of all pages (4) be not more than
20 pages in length including any attachments (5) display the Proposerrsquos name and
Proposal on the header of each page (6) display page numbers at the bottom of each page
and (7) proposals and attachments be copied double sided DEEP requests that paper used
for printing and copying be composed of materials having at least 30 post consumer
content
E Packaging and Labeling Requirements
All proposals must be submitted in sealed envelopes or packages All proposals must be
addressed to the Official Agency Contact and have the RFP prominently displayed on
the envelope The name and address of the Proposer must appear in the upper left hand
corner of the envelope or package Proposals transmitted by facsimile will not be accepted
or reviewed
F Inquiry Procedures
Proposers may submit questions about the RFP to the Official Agency Contact on or before
July 27 2020 Questions must be in writing and submitted by US mail facsimile or e-
mail Questions will not be accepted over the telephone Anonymous questions will not
be answered The agency reserves the right to provide a combined answer to similar
questions The agency will distribute official answers to the questions in the form of a
written amendment not later than August 10 2020 to all Proposers who submitted a letter
of intent Any Proposer who has not received the amendment within two business days
following the distribution date may contact the Official Agency Contact by telephone to
request a copy
Page 7 of 23
G Confidential Information
Proposers are advised not to include in their proposals any proprietary information The
Connecticut Freedom of Information Act generally requires the disclosure of documents in
the possession of the State upon request of any citizen unless the content of the document
falls within certain categories of exemption
7 Communications Notice
All communications related to this RFP shall be with DEEPrsquos Official Agency Contact All
communications with the agency or any person representing this agency concerning this RFP
are strictly prohibited except as permitted by this RFP Any violation of this prohibition by
Proposers or their representatives may result in disqualification or other sanctions or both
8 Affidavits Concerning Gifts and Campaign Contributions
Proposers are advised that if selected an affidavit concerning gifts and campaign contributions
will be required to accompany any State contract with a value of $50000 or more in a calendar
or fiscal year The completed form is submitted by the contractor to the awarding State agency
at the time of contract execution The form is also used with a multi-year contract to update the
initial certification on an annual basis For the most current information and to view the
affidavit go to httpwwwctgovopmfinethics_forms
9 Iran Certification
Proposers are advised that no state agency or quasi-public agency shall enter into any large state
contract or amend or renew any such contract with any entity who (1) has failed to submit a
written certification indicating whether or not such entity has made a direct investment of
twenty million dollars or more in the energy sector of Iran on or after October 1 2013 as
described in Section 202 of the Comprehensive Iran Sanctions Accountability and Divestment
Act of 2010 or has increased or renewed such investment on or after said date or (2) has
submitted a written certification indicating that such entity has made such an investment on or
after October 1 2013 or has increased or renewed such an investment on or after said date
Each such certification shall be sworn as true to the best knowledge and belief of the entity
signing the certification subject to the penalties of false statement For the most current
information and to obtain various electronic formats of OPMrsquos Iran Certification Form 7 go to
httpwwwctgovopmfinethics_forms
Iran Certification Form 7 must be submitted for any large state contract as defined in section
4-250 of the Connecticut General Statutes Entities whose principal place of business is located
outside of the United States are required to complete the entire form including the certification
portion of the form United States subsidiaries of foreign corporations are exempt from having
to complete the certification portion of the form Those entities whose principal place of
business is located inside of the United States must also fill out the form but do not have to
complete the certification portion of the form
10 Contract Compliance Requirements
Provide evidence of the Proposerrsquos ability to meet the contract compliance requirements for one
or more of the following factors (1) success in implementing an affirmative action plan
Page 8 of 23
(2) success in developing an apprenticeship program complying with sectsect 46a-68-1 to 46a-68-
17 inclusive of the Regulations of Connecticut State Agencies (3) promise to develop and
implement a successful affirmative action plan (4) submission of Contract Compliance
Monitoring Report indicating that the composition of the Proposerrsquos workforce is at or near
parity in the relevant labor market area or (5) promise to set aside a portion of the contract for
legitimate minority business enterprises
Forms are available on the CHRO website The following table will assist in determining which
forms are required
Contract Amount Bidder Contract Compliance
Monitoring Report Required ndash
Affidavit for Certification of
Subcontractors as MBErsquos as applic
Affirmative Action
Plan Required
CHRO Requires
Pre Approval of
Affirmative Action
Plan
$0 - $4000 No No na
Non Public Works Contract
$400001 -
$24999999
Yes No na
$250000 or more Yes Yes No
Public Works Contract
$400001 - $50000 Yes No na
$5000001 - $500000 Yes Yes No
$50000001 or more Yes Yes Yes
The State of Connecticut is an Equal Opportunity and Affirmative Action employer and does
not discriminate in its hiring employment or business practices The State is committed to
complying with the Americans with Disabilities Act of 1990 (ADA) and does not discriminate
on the basis of disability in admission to access to or operation of its programs services or
activities
At the time of contract execution a fully executed non-discrimination certification will also be
required
11 RFP Conditions
A All proposals in response to this RFP are to be the sole property of DEEP Proposers
are encouraged not to include in their proposals any information that is proprietary All
materials associated with this procurement process are subject to the terms of State
laws defining freedom of information and privacy and all rules regulations and
interpretations resulting from those laws
B Any product whether acceptable or unacceptable developed under a contract awarded
as a result of the RFP is to be the sole property of DEEP
Page 9 of 23
C Timing and sequence of events resulting from this RFP will ultimately be determined
by DEEP
D The Proposer agrees that the proposal will remain valid for a period of 180 days after
the deadline for submission and may be extended beyond that time by mutual
agreement
E DEEP may amend or cancel this RFP prior to the due date and time if DEEP deems it
to be necessary appropriate or otherwise in the best interests of DEEP Failure to
acknowledge receipt of amendments in accordance with the instructions contained in
the amendments may result in a proposal not being considered
F The Proposer must certify that the personnel identified in its response to this RFP will
be the persons actually assigned to the project Any additions deletions or changes in
personnel assigned to the project must be approved by DEEP or its designee with the
exception of personnel who have terminated employment Replacements for personnel
who have terminated employment are subject to approval by DEEP or its designee At
its discretion DEEP may require the removal and replacement of any of the Proposers
personnel who do not perform adequately on the project regardless of whether they
were previously approved by DEEP
G Any costs and expenses incurred by Proposers in preparing or submitting proposals are
the sole responsibility of the Proposer
H A Proposer must be prepared to present evidence of experience ability service
facilities and financial condition necessary to satisfactorily meet the requirements set
forth or implied in the proposal
I No additions or changes to the original proposal will be allowed after submission
While changes are not permitted clarification of proposals may be required by DEEP
at the Proposerrsquos sole cost and expense
J The Proposer represents and warrants that the proposal is not made in connection with
any other Proposer and is in all respects fair and without collusion or fraud The
Proposer further represents and warrants that the Proposer did not participate in any
part of the RFP development process had no knowledge of the specific contents of the
RFP prior to its issuance and that no agent representative or employee of DEEP
participated directly in the Proposerrsquos proposal preparation
K All responses to the RFP must conform to instruction Failure to include any required
signatures provide the required number of copies to meet deadlines answer all
questions follow the required format or failure to comply with any other requirements
of this RFP may be considered appropriate cause for rejection of the response
L The contract will represent the entire agreement between the Proposer and DEEP and
will supersede all prior negotiations representations or agreements alleged or made
between the parties DEEP or the State shall assume no liability for payment of services
under the terms of the contract until the successful Proposer is notified that the contract
has been accepted and approved by DEEP and by the AGrsquos Office The contract may
be amended only by means of a written instrument signed by DEEP the Proposer and
the AGrsquos Office
Page 10 of 23
M Contractor shall interact with the United States Coast Guard (USCG) as required to
maintain the designation of the facility as a Public Access Facility including but not
limited to any periodic revalidation process requested by the USCG
12 Rights Reserved to DEEP
The DEEP reserves the right to award in part to reject any and all proposals in whole or in part
for misrepresentation or if the Proposer is in default of any prior State contract or if the
proposal limits or modifies any of the terms and conditions andor specifications of the RFP
The DEEP also reserves the right to waive technical defect irregularities and omissions if in
its judgment the best interest of DEEP will be served
DEEP reserves the right to correct inaccurate awards resulting from its clerical errors This
may include in extreme circumstances revoking the awarding of a contract already made to a
Proposer and subsequently awarding the contract to another Proposer Such action on the part
of DEEP shall not constitute a breach of contract on the part of DEEP since the contract with
the initial Proposer is deemed to be void from the beginning and of no effect as if no contract
ever existed between DEEP and the Proposer
13 Agencyrsquos Standard Contract and Conditions
The Proposer must accept DEEPrsquos standard contract language and conditions See Attachment
for Standard Contract Conditions
14 Park Descriptions
A Location
The Eagle Landing State Park property is located at 19 Bridge Road in Haddam
Connecticut and borders the western riverbank of the Connecticut River
B Access
Eagle Landing State Park can be accessed from the West following Route 9 to Exit 7(Rt
82 E) or from the East following Route 82 over the swing bridge
C Property Existing Conditions
The Eagle Landing property is approximately 16 acres and includes four (4) docks three
parking areas an access road a small outbuilding with a power supply and two butler-
style buildings in the northeastern corner of the property Approximately 20 acres on the
eastern portion of the site is flat and lies within the floodplain of the river It was
previously used as a parking area by the previous owner The parking lots are divided
into several distinct lots and are delineated by guardrails The lots can be gated off when
not in use During the spring thaw the property has had a history of being flooded in
areas for multiple days
The park has 1100 feet+ of frontage along the Connecticut River The Connecticut River
is navigable from Long Island Sound northward to Hartford Much of the Connecticut
River view shed is lined with trees and low-lying vegetation giving the river a
ldquowildernessrdquo feel The Connecticut River is the most popular recreational waterway in
Connecticut supporting thousands of cruising vessels and recreational boats and numerous
marinas It is also a very active commercial waterway with hundreds of barges traveling
Page 11 of 23
on the river supplying the fuel docks and tank farms with oil for the cities and towns in
the CT River Valley
The western portion of the property slopes upward to meet a rail line owned by the State
of Connecticut Department of Energy amp Environmental Protection and maintained and
operated by the Valley Railroad Company The Valley Railroad Company operates the
Essex Steam Train
The concession area is delineated by a yellow dashed line as shown on the attached
concession area map Beginning at the northern portion of the concession area the
following structuresinfrastructure are included in the concession contract One butler-
style building (westernmost butlerndashstyle building) Parking Lot 1 Docks1 and 2 use
of the access road use of small former ticket booth building with available power in the
successful proposerrsquos name and Dock 3
The area located to the south of the concession area is approximately 7+ acres but only 4
acres are developed The undeveloped parcel is proposed to become a public boat ramp
facility and is currently being analyzed for resource and engineering issues Included in
this parcel is Dock 4 and Parking Lots 2 and 3 While this property located to the
south of the concession area will not be part of the bid or agreement for Boat
DockingEducational purposes it will be offered to the successful proposer for use as a
docking facility under a short-term Special Use License This license will expire as soon
as construction on the boat ramp commences
It should be noted that the access road to the Eagle Landing property must be kept open
for access by the private residential properties to the south of Eagle Landing
D Existing Condition of Dock
A few minor repairs would help improve the condition of Docks 1 2 and 3 but all are
functioning and usable in their present condition Dock 4 which is not included in the
concession contract has sustained significant damage is not currently usable and is
considered a safety hazard The Concessionaire or Special Use License Holder would be
responsible to certify that the docks can safely secure the size vessel(s) to be used
throughout the duration of this concession The depth of the water on the river side of
the dock varies from 16 feet to 19 feet There is submerged aquatic vegetation between
the docks and the riverbank that may contain species of concern
Before the commencement of any dock maintenance activity to the 4 docks described
above DEEPrsquos Natural Diversity Data Base (NDDB shall be consulted and DEEPrsquos
Land amp Water Resources Division (LWRD) shall be contacted to determine if a permit is
required for such work
E Adjacent Uses
Northward The northern boundary of Eagle Landing State Park is a private home and
CT State Route 82 There is a fence between the State park and the private property The
Page 12 of 23
East Haddam Swing Bridge spans the Connecticut River just north of Dock 1 (See
Attachment D) Andrews Marina is situated on the north side of Route 82
Southward The southern boundary of Eagle Landing State Park is bounded by a
development of private cottages There is an unpaved road which provides residents of
these cottages access to their homes Vehicles utilizing the Boat Concession or the Boat
Ramp may not park along the shoulders of the road or block it in any way
F ZoningSurrounding Land Use
The Town of Haddam zoned this property as ldquoCommercialrdquo and also ldquoState Park amp
Forestrdquo Commercial Boating activities are permitted in the Commercial Zone Eagle
Landing State Park is bounded on both the north and south by a ldquoLow density
RuralResidential Zonerdquo The town recommends a vegetative buffer between Commercial
uses and Residential areas Overlying the entire parcel is the Federal Emergency
Management Administration (FEMA) 100-year Flood Plain zone FEMA requirements
must be applied to any new development so as not to exacerbate flooding events
G Connecticut River Gateway Commission
Eagle Landing lies within the CT River Gateway Conservation Zone
In 1973 the Connecticut General Assembly passed legislation allowing the establishment
of the Connecticut River Gateway Commission a state-local compact for the protection
of the Lower Connecticut River Valley Then and now this valley is widely recognized
as one of the most important natural recreational and scenic areas of the State of
Connecticut One year later in July 1974 the Commission became operational with the
Connecticut Department of Environmental Protection two regional planning agencies and
all eight eligible towns participating
The Gateway Conservation Zone which is the geographic focus of the Commissions
activities is approximately thirty miles in length and includes those portions of the eight
member towns (Chester Deep River East Haddam Essex Haddam Lyme Old Lyme
Old Saybrook) lying within view of the river In recent years it has become an area of
interest for a number of other environmental organizations as well The Nature
Conservancy has designated the Connecticut River Tidelands as one of its Last Great
Places the Connecticut Department of Energy amp Environmental Protection has obtained
the recognition of the rivers tidelands as internationally significant wetlands under the
terms of the International Ramsar Convention the Secretary of the US Department of
Interior has publicly recognized the lower Connecticut River valley as one of the most
important ecological landscapes in the United States and in 1999 the River was
designated as one of 14 American Heritage Rivers by the President of the United States
The mission of this Commission given to it by the Connecticut General Assembly nearly
two decades ago is to preserve the unique scenic ecological scientific and historic
values of the lower Connecticut River valley for the enjoyment of present and future
generations of Connecticut citizens
Page 13 of 23
Development beyond what has previously been permitted must be reviewed by the
Gateway Commission to ensure that it meets the mission and goals of the Gateway
Commission
H Limitations on the Site
A Hours of Operation Hours of Operation of the Concession shall be limited to Sunrise
until 200AM (0200 Hrs)
B Overnight Parking All vehicles must vacate the property by 200 AM (0200Hrs)
C Alcohol Service will be limited to the vessel No alcohol service shall be allowed on
the docks or in other locations on the property
D Amplified sound (bands DJ etc) with the exception of safety instructions shall
not commence until vessels have departed from the dock and must cease prior to final
docking
E Concession shall not sublet any part of the property unless approved by the
Department of Energy amp Environmental Protection
F No new structures shall be erected and no maintenance shall be done to the existing
docks unless approved in writing by the Commissioner or Designee of the
Department of Energy amp Environmental Protection and all applicable permits have
been obtained
Page 14 of 23
Maps of Site
Page 15 of 23
Page 16 of 23
LETTER OF INTENT TO SUBMIT A PROPOSAL
State of Connecticut
Department of Energy amp Environmental Protection
RFP for Eagle Landing State Park
Return to Tenia Seay
Department of Energy amp Environmental Protection
Bureau of Outdoor Recreation
79 Elm Street
Hartford CT 06106-5127
860-424-3064 (Phone)
860-424-4070 (FAX)
Return Deadline 400 pm July 20 2020
The individual firm or corporation below intends to submit a proposal in response to the above referenced RFP
Note This letter is a non-binding expression of interest and does not obligate the sender to submit a proposal
The individual firm or corporation below has reviewed and if selected accepts the agencyrsquos standard contract and
conditions (provided in the RFP) in their entirety and without amendment
Name
Mailing Address
Contact Person
Telephone
FAX
Signature
Title Date
Page 17 of 23
STATE OF CONNECTICUT
DEPARTMENT OF ENERGY AND ENVIRONMENTAL PROTECTION
BUREAU OF OUTDOOR RECREATION AND
CONNECTICUT STATE PARK AND FOREST RECREATION AREA
MOBILE FOOD AND BEVERAGE CONCESSION
THIS CONTRACT is made by and between the STATE OF CONNECTICUT acting herein by
the Commissioner of the Department of Energy and Environmental Protection hereinafter referred
to as Commissionerrdquo or DEEP or ldquoStaterdquo and [Insert Concessionaire] of the Town of
Waterbury and the state of Connecticut hereinafter referred to as the Concessionaire or
ldquoContractorrdquo
WITNESSETH
WHEREAS the Commissioner of Energy and Environmental Protection pursuant to Conn Gen
Stat 23-26 has the authority to enter into contractual relations with persons for the maintenance
of concessions and other sources of revenue to be derived from services to the general public using
state parks and
WHEREAS the Concessionaire desires to operate a Mobile Food and Beverage Concession
Service and render services to the public at
[Insert Name of Location]
NOW THEREFORE it is hereby agreed as follows
1 Mobile Food and Beverage Concession Service The Concessionaire agrees to operate a
Mobile Food and Beverage Concession Service at the above noted facility The Concessionaire
is responsible for all work included in this Contract Details regarding the Scope of Work are
included in Attachment A which is attached hereto and is hereby made a part of this contract
2 Duration The Commissioner hereby grants to the Concessionaire the exclusive right to
operate the above Mobile Food and Beverage Concession Service at the location identified for
the period commencing upon contract execution through [insert expiration date] At the
Commissionerrsquos sole discretion this contract may be renewed for up to [Insert number] years
without further competition
3 Payment In consideration of said rights and privileges the Concessionaire agrees to pay a
total of [insert amount] to the State of Connecticut due by [insert date] Payments shall be
made by check draft or money order payable to Treasurer State of Connecticut and
delivered or mailed to the Department of Energy and Environmental Protection Accounts
Receivable 79 Elm Street Hartford Connecticut 06106-5127
4 Nondisclosure Contactor shall not release any information concerning the services provided
pursuant to the Contract or any part thereof to any member of the public press business entity
or any official body unless prior written consent is obtained from the State
Page 18 of 23
STANDARD TERMS AND CONDITIONS (Rev 8302019)
1 Definitions
(a) State The State of Connecticut including the Department of Energy and Environmental Protection and
any office department board council commission institution or other agency of the State
(b) Commissioner The Commissioner of Energy and Environmental Protection or the Commissionerrsquos
designated agent
(c) Parties The Department of Energy and Environmental Protection (DEEP or Agency) and the Contractor
(d) Contractor Parties Contractor Parties shall be defined as a Contractorrsquos members directors officers
shareholders partners managers principal officers representatives agents servants consultants employees
or any one of them or any other person or entity with whom the Contractor is in privity of oral or written
contract and the Contractor intends for such other person or entity to Perform under the Contract in any
capacity To the extent that any Contractor Party is to participate or Perform in any way directly or indirectly
in connection with the Contract any reference in the Contract to the ldquoContractorrdquo shall also be deemed to
include ldquoContractor Partiesrdquo as if such reference had originally specifically included ldquoContractor Partiesrdquo
since it is the Partiesrsquo intent for the terms ldquoContractor Partiesrdquo to be vested with the same respective rights
and obligations as the terms ldquoContractorrdquo
(e) Contract This agreement as of its Effective Date between the Contractor and the State for any or all
goods or services as more particularly described in Appendix A
(f) Execution This contract shall be fully executed when it has been signed by authorized representatives
of the parties and if it is for an amount of Twenty-five thousand dollars ($2500000) or more by the
authorized representative of the state Attorney Generals office
(g) Exhibits All attachments appendices or exhibits referred to in and attached to this Contract are
incorporated in this Contract by such reference and shall be deemed to be a part of it as if they had been fully
set forth in it
(h) Records For the purposes of this Contract records are defined as all working papers and such other
information and materials as may have been accumulated by the Contractor in performing the Contract
including but not limited to documents data plans books computations drawings specifications notes
reports records estimates summaries and correspondence kept or stored in any form
(i) Confidential Information Confidential Information shall mean any name number or other information
that may be used alone or in conjunction with any other information to identify a specific individual
including but not limited to such individuals name date of birth mothers maiden name motor vehicle
operators license number Social Security number employee identification number employer or taxpayer
identification number alien registration number government passport number health insurance
identification number demand deposit account number savings account number credit card number debit
card number or unique biometric data such as fingerprint voice print retina or iris image or other unique
physical representation Without limiting the foregoing Confidential Information shall also include any
information that the Department classifies as ldquoconfidentialrdquo or ldquorestrictedrdquo Confidential Information shall
not include information that may be lawfully obtained from publicly available sources or from federal state
or local government records which are lawfully made available to the general public
(j) Confidential Information Breach Confidential Information Breach shall mean generally an instance
where an unauthorized person or entity accesses Confidential Information in any manner including but not
limited to the following occurrences (1) any Confidential Information that is not encrypted or protected is
misplaced lost stolen or in any way compromised (2) one or more third parties have had access to or taken
control or possession of any Confidential Information that is not encrypted or protected without prior written
authorization from the State (3) the unauthorized acquisition of encrypted or protected Confidential
Information together with the confidential process or key that is capable of compromising the integrity of the
Confidential Information or (4) if there is a substantial risk of identity theft or fraud to the client the
Contractor the Department or State
Page 19 of 23
(k) Claim Claim shall mean all actions suits claims demands investigations and proceedings of any kind
open pending or threatened whether mature unmatured contingent known or unknown at law or in equity
in any forum
2 Forum and Choice of Law The parties deem the Contract to have been made in the City of Hartford State of
Connecticut Both parties agree that it is fair and reasonable for the validity and construction of the Contract
to be and it shall be governed by the laws and court decisions of the State of Connecticut without giving effect
to its principles of conflicts of laws To the extent that any immunities provided by Federal law or the laws of
the State of Connecticut do not bar an action against the State and to the extent that these courts are courts of
competent jurisdiction for the purpose of venue the complaint shall be made returnable to the Judicial District
of Hartford only or shall be brought in the United States District Court for the District of Connecticut only and
shall not be transferred to any other court provided however that nothing here constitutes a waiver or
compromise of the sovereign immunity of the State of Connecticut The Contractor waives any objection which
it may now have or will have to the laying of venue of any Claims in any forum and further irrevocably submits
to such jurisdiction in any suit action or proceeding
3 Termination
(a) Notwithstanding any provisions in this Contract the Agency through a duly authorized employee may
Terminate the Contract whenever the Agency makes a written determination that such Termination is in
the best interests of the State The Agency shall notify the Contractor in writing of Termination pursuant
to this section which notice shall specify the effective date of Termination and the extent to which the
Contractor must complete its Performance under the Contract prior to such date
(b) Notwithstanding any provisions in this Contract the Agency through a duly authorized employee may
after making a written determination that the Contractor has breached the Contract Terminate the
Contract in accordance with the provisions in the Breach section of this Contract
(c) The Agency shall send the notice of Termination via certified mail return receipt requested to the
Contractor at the most current address which the Contractor has furnished to the Agency for purposes of
correspondence or by hand delivery Upon receiving the notice from the Agency the Contractor shall
immediately discontinue all services affected in accordance with the notice undertake all commercially
reasonable efforts to mitigate any losses or damages and deliver to the Agency all Records The Records
are deemed to be the property of the Agency and the Contractor shall deliver them to the Agency no later
than thirty (30) days after the Termination of the Contract or fifteen (15) days after the Contractor
receives a written request from the Agency for the Records The Contractor shall deliver those Records
that exist in electronic magnetic or other intangible form in a non-proprietary format such as but not
limited to ASCII or TXT
(d) Upon receipt of a written notice of Termination from the Agency the Contractor shall cease operations
as the Agency directs in the notice and take all actions that are necessary or appropriate or that the
Agency may reasonably direct for the protection and preservation of the Goods and any other property
Except for any work which the Agency directs the Contractor to Perform in the notice prior to the
effective date of Termination and except as otherwise provided in the notice the Contractor shall
terminate or conclude all existing subcontracts and purchase orders and shall not enter into any further
subcontracts purchase orders or commitments
(e) The Agency shall within forty-five (45) days of the effective date of Termination reimburse the
Contractor for its Performance rendered and accepted by the Agency in addition to all actual and
reasonable costs incurred after Termination in completing those portions of the Performance which the
notice required the Contractor to complete However the Contractor is not entitled to receive and the
Agency is not obligated to tender to the Contractor any payments for anticipated or lost profits Upon
request by the Agency the Contractor shall assign to the Agency or any replacement contractor which
the Agency designates all subcontracts purchase orders and other commitments deliver to the Agency
all Records and other information pertaining to its Performance and remove from State premises
whether leased or owned all of Contractorrsquos property equipment waste material and rubbish related to
its Performance all as the Agency may request
(f) For breach or violation of any of the provisions in the section concerning Representations and
Warranties the Agency may Terminate the Contract in accordance with its terms and revoke any
consents to assignments given as if the assignments had never been requested or consented to without
liability to the Contractor or Contractor Parties or any third party
(g) Upon Termination of the Contract all rights and obligations shall be null and void so that no party shall
Page 20 of 23
have any further rights or obligations to any other party except with respect to the sections which survive
Termination All representations warranties agreements and rights of the parties under the Contract
shall survive such Termination to the extent not otherwise limited in the Contract and without each one
of them having to be specifically mentioned in the Contract
(h) Termination of the Contract pursuant to this section shall not be deemed to be a breach of contract by
the Agency
4 Indemnification
(a) The Contractor shall indemnify defend and hold harmless the State and its officers representatives
agents servants employees successors and assigns from and against any and all (1) Claims arising
directly or indirectly in connection with the Contract including the acts of commission or omission
(collectively the Acts) of the Contractor or Contractor Parties and (2) liabilities damages losses
costs and expenses including but not limited to attorneys and other professionals fees arising directly
or indirectly in connection with Claims Acts or the Contract The Contractor shall use counsel
reasonably acceptable to the State in carrying out its obligations under this section The Contractorrsquos
obligations under this section to indemnify defend and hold harmless against Claims includes Claims
concerning confidentiality of any part of or all of the Contractorrsquos bid proposal or any Records any
intellectual property rights other proprietary rights of any person or entity copyrighted or uncopyrighted
compositions secret processes patented or unpatented inventions articles or appliances furnished or
used in the Performance
(b) The Contractor shall not be responsible for indemnifying or holding the State harmless from any liability
arising due to the negligence of the State or any other person or entity acting under the direct control or
supervision of the State
(c) The Contractor shall reimburse the State for any and all damages to the real or personal property of the
State caused by the Acts of the Contractor or any Contractor Parties The State shall give the Contractor
reasonable notice of any such Claims
(d) The Contractorrsquos duties under this section shall remain fully in effect and binding in accordance with the
terms and conditions of the Contract without being lessened or compromised in any way even where
the Contractor is alleged or is found to have merely contributed in part to the Acts giving rise to the
Claims andor where the State is alleged or is found to have contributed to the Acts giving rise to the
Claims
(e) The Contractor shall carry and maintain at all times during the term of the Contract and during the time
that any provisions survive the term of the Contract sufficient general liability insurance to satisfy its
obligations under this Contract The Contractor shall cause the State to be named as an additional insured
on the policy and shall provide (1) a certificate of insurance (2) the declaration page and (3) the
additional insured endorsement to the policy to the State and the Client Agency all in an electronic format
acceptable to the State prior to the Effective Date of the Contract evidencing that the State is an additional
insured The Contractor shall not begin Performance until the delivery of these three documents to the
Client Agency Contractor shall provide an annual electronic update of the three documents to the Client
Agency and the State on or before each anniversary of the Effective Date during the Contract term State
shall be entitled to recover under the insurance policy even if a body of competent jurisdiction determines
that State is contributorily negligent
(f) This section shall survive the Termination of the Contract and shall not be limited by reason of any
insurance coverage
5 Sovereign Immunity The parties acknowledge and agree that nothing in the Solicitation or the Contract shall
be construed as a modification compromise or waiver by the State of any rights or defenses of any immunities
provided by Federal law or the laws of the State of Connecticut to the State or any of its officers and employees
which they may have had now have or will have with respect to all matters arising out of the Contract To the
extent that this section conflicts with any other section this section shall govern
6 Protection of Confidential Information Contractor and Contractor Parties at their own expense have a duty to
and shall protect from a Confidential Information Breach any and all Confidential Information which they come
to possess or control wherever and however stored or maintained in a commercially reasonable manner in
accordance with current industry standards
(b) Each Contractor or Contractor Party shall develop implement and maintain a comprehensive data -
security program for the protection of Confidential Information The safeguards contained in such
Page 21 of 23
program shall be consistent with and comply with the safeguards for protection of Confidential
Information and information of a similar character as set forth in all applicable federal and state law
and written policy of the Agency or State concerning the confidentiality of Confidential Information
Such data-security program shall include but not be limited to the following
(1) A security policy for employees related to the storage access and transportation of data containing
Confidential Information
(2) Reasonable restrictions on access to records containing Confidential Information including access
to any locked storage where such records are kept
(3) A process for reviewing policies and security measures at least annually
(4) Creating secure access controls to Confidential Information including but not limited to passwords
and
(5) Encrypting of Confidential Information that is stored on laptops portable devices or being
transmitted electronically
(c) The Contractor and Contractor Parties shall notify the Agency and the Connecticut Office of the Attorney
General as soon as practical but no later than twenty-four (24) hours after they become aware of or
suspect that any Confidential Information which Contractor or Contractor Parties have come to possess
or control has been subject to a Confidential Information Breach If a Confidential Information Breach
has occurred the Contractor shall within three (3) business days after the notification present a credit
monitoring and protection plan to the Commissioner of Administrative Services the Agency and the
Connecticut Office of the Attorney General for review and approval Such credit monitoring or
protection plan shall be made available by the Contractor at its own cost and expense to all individuals
affected by the Confidential Information Breach Such credit monitoring or protection plan shall include
but is not limited to reimbursement for the cost of placing and lifting one (1) security freeze per credit
file pursuant to Connecticut General Statutes sect 36a-701a Such credit monitoring or protection plans
shall be approved by the State in accordance with this Section and shall cover a length of time
commensurate with the circumstances of the Confidential Information Breach The Contractorsrsquo costs
and expenses for the credit monitoring and protection plan shall not be recoverable from the Agency
any State of Connecticut entity or any affected individuals
(d) The Contractor shall incorporate the requirements of this Section in all subcontracts requiring each
Contractor Party to safeguard Confidential Information in the same manner as provided for in this
Section
(e) Nothing in this Section shall supersede in any manner Contractorrsquos or Contractor Partyrsquos obligations
pursuant to HIPAA or the provisions of this Contract concerning the obligations of the Contractor as a
Business Associate of Covered Entity
7 Executive Orders This Contract is subject to the provisions of Executive Order No Three of Governor Thomas
J Meskill promulgated June 16 1971 concerning labor employment practices Executive Order No Seventeen
of Governor Thomas J Meskill promulgated February 15 1973 concerning the listing of employment
openings and Executive Order No Sixteen of Governor John G Rowland promulgated August 4 1999
concerning violence in the workplace all of which are incorporated into and are made a part of the Contract as
if they had been fully set forth in it The Contract may also be subject to Executive Order No 14 of Governor
M Jodi Rell promulgated April 17 2006 concerning procurement of cleaning products and services and to
Executive Order No 49 of Governor Dannel P Malloy promulgated May 22 2015 mandating disclosure of
certain gifts to public employees and contributions to certain candidates for office If Executive Order 14 andor
Executive Order 49 are applicable they are deemed to be incorporated into and are made a part of the Contract
as if they had been fully set forth in it At the Contractorrsquos request the Client Agency or DAS shall provide a
copy of these orders to the Contractor
8 State Liability The State of Connecticut shall assume no liability for payment for services under the terms of
this agreement until the contractor is notified that this agreement has been accepted by the contracting agency
and if applicable approved by the Office of Policy and Management (OPM) or the Department of
Administrative Services (DAS) and by the Attorney General of the State of Connecticut
9 Distribution of Materials The Contractor shall obtain written approval from the Commissioner prior to the
distribution or publication of any materials prepared under the terms of this Contract Such approval shall not
be unreasonably withheld
10 Change in Principal Project Staff Any changes in the principal project staff must be requested in writing and
approved in writing by the Commissioner at the Commissionerrsquos sole discretion In the event of any
Page 22 of 23
unapproved change in principal project staff the Commissioner may in the Commissionerrsquos sole discretion
terminate this Contract
11 Further Assurances The Parties shall provide such information execute and deliver any instruments and
documents and take such other actions as may be necessary or reasonably requested by the other Party which
are not inconsistent with the provisions of this Contract and which do not involve the vesting of rights or
assumption of obligations other than those provided for in the Contract in order to give full effect to the
Contract and to carry out the intent of the Contract
12 Third Party Participation The Contractor may make sub-awards using either its own competitive selection
process or the values established in the statersquos competitive selection process as outlined in DAS General Letter
71 whichever is more restrictive to conduct any of the tasks in the Scope of Work contained in Appendix A
The Contractor shall advise the Commissioner of the proposed sub-awardee and the amount allocated at least
two (2) weeks prior to the making of such awards The Commissioner reserves the right to disapprove such
awards if they appear to be inconsistent with the program activities to be conducted under this grant As
required by Sec 46a-68j-23 of the Connecticut Regulations of State Agencies the Contractor must make a good
faith effort based upon the availability of minority business enterprises in the labor market area to award a
reasonable proportion of all subcontracts to such enterprises When minority business enterprises are selected
the Contractor shall provide DEEP with a copy of the Affidavit for Certification of Subcontractors as Minority
Business Enterprises (MBE) along with a copy of the purchase order or contract engaging the Subcontractor
The Contractor shall be the sole point of contact concerning the management of the Contract including
performance and payment issues The Contractor is solely and completely responsible for adherence by any
subcontractor to all the applicable provisions of the Contract
13 Americans with Disabilities Act The Contractor shall be and remain in compliance with the Americans with
Disabilities Act of 1990 (ldquoActrdquo) to the extent applicable during the term of the Contract The DEEP may
cancel the Contract if the Contractor fails to comply with the Act
14 Affirmative Action and Sexual Harassment Policies The Contractor agrees to comply with the Departments
Affirmative Action and Sexual Harassment Policies available on DEEPrsquos web site Hard copies of the policy
statements are available upon request at DEEP
15 Breach If either Party breaches the Contract in any respect the non-breaching Party shall provide written
notice of the breach to the breaching Party and afford the breaching Party an opportunity to cure within ten (10)
days from the date that the breaching Party receives the notice In the case of a Contractor breach any other
time period which the Agency sets forth in the notice shall trump the ten (10) days The right to cure period
shall be extended if the non-breaching Party is satisfied that the breaching Party is making a good faith effort
to cure but the nature of the breach is such that it cannot be cured within the right to cure period The notice
may include an effective Contract Termination date if the breach is not cured by the stated date and unless
otherwise modified by the non-breaching Party in writing prior to the Termination date no further action shall
be required of any Party to effect the Termination as of the stated date If the notice does not set forth an
effective Contract Termination date then the non-breaching Party may Terminate the Contract by giving the
breaching Party no less than twenty four (24) hours prior written notice If the Agency believes that the
Contractor has not performed according to the Contract the Agency may withhold payment in whole or in part
pending resolution of the Performance issue provided that the Agency notifies the Contractor in writing prior
to the date that the payment would have been due
16 Severability If any term or provision of the Contract or its application to any person entity or circumstance
shall to any extent be held to be invalid or unenforceable the remainder of the Contract or the application of
such term or provision shall not be affected as to persons entities or circumstances other than those as to whom
or to which it is held to be invalid or unenforceable Each remaining term and provision of the Contract shall
be valid and enforced to the fullest extent possible by law
17 The Town Guarantee The Town shall furnish adequate protection from damage for all work and to repair any
damage of any kind for which he or his workmen are responsible to premises or any equipment to his own
work or to the work of the Agency pay for all permits licenses and fees and to give all notices and comply
with all laws ordinances rules and regulations of the city state and federal government
18 Force Majeure The Parties shall not be excused from their obligation to perform in accordance with the
Contract except in the case of Force Majeure events and as otherwise provided for in the Contract A Force
Majeure event materially affects the cost of the Goods or Services or the time schedule for performance and is
outside the control nor caused by the Parties In the case of any such exception the nonperforming Party shall
give immediate written notice to the other explaining the cause and probable duration of any such
Page 23 of 23
nonperformance
19 Entirety of Contract The Contract is the entire agreement between the Parties with respect to its subject matter
and supersedes all prior agreements proposals offers counteroffers and understandings of the Parties whether
written or oral The Contract has been entered into after full investigation neither Party relying upon any
statement or representation by the other unless such statement or representation is specifically embodied in the
Contract
20 Interpretation The Contract contains numerous references to statutes and regulations For purposes of
interpretation conflict resolution and otherwise the content of those statutes and regulations shall govern over
the content of the reference in the Contract to those statutes and regulations
A-1
Attachment A
Scope of Work
Mobile Food and Beverage Concession Services
1 Insurance The Concessionaire shall furnish evidence of insurance A Certificate of Insurance
covering each annual period of this contract shall reflect the following limits and shall be submitted
by the Concessionaire to the Department of Energy and Environmental Protection by April 1 of each
year this contract is in effect
a Commercial General Liability insurance providing a total limit of $1000000 for all damages
arising from bodily injury to or death of all persons in any accident or occurrence and for all
damages arising from the destruction of or damage to property in any one accident or occurrence
In cases where any insurance policy shows an aggregate limit the aggregate shall apply solely to
the concession operation or the aggregate limit shall be not less than $2000000
b The operation of all motor vehicles including those hired or borrowed used in connection with
this contract shall be covered by Automobile Liability insurance providing for a total limit of
$1000000 for all damages arising from bodily injuries to or death of all persons in any one
accident or occurrence and for all damages arising from the destruction of or damage to property
in any one accident or occurrence In cases where any insurance policy shows an aggregate limit
the aggregate shall apply solely to the concession operation or the aggregate limit shall be not less
than $2000000
c The Concessionaire shall carry Workerrsquos Compensation insurance in accordance with the
requirements of the laws of the State of Connecticut
d Said coveragersquos are to be provided by insurance companies licensed by the State of Connecticut
e Any deductibles or self-insured retentions must be declared and approved by the State
f The State of Connecticut shall be listed as an Additional Insured on all required coverage
2 Commodities and Price List
a The Concessionaire shall be allowed to sell food and beverages as approved in advance by the
Commissioner
b The Concessionaire shall be allowed to sell souvenirs and other outdoor recreation related
merchandise hereinafter referred to collectively as merchandise as approved in advance by the
Commissioner
c By April 1 of each year that this contract is in effect the Concessionaire shall submit for approval
a price list of all foods beverages and merchandise for sale hereinafter referred to collectively as
commodities to the Department of Energy and Environmental Protection Bureau of Outdoor
Recreation Division of State Parks and Public Outreach 79 Elm Street Hartford CT 06106-5127
d Any price increases or additions of commodities are subject to the prior written approval of the
Commissioner
e The Concessionaire shall post a price list of all commodities for sale in full public view while in
operation
f Whenever the park name is used on merchandise the complete park name shall be used
g The Concessionaire warrants that all commodities offered for sale shall not exceed in price nor be
substandard in quality or quantity to like commodities sold in the surrounding community
A-2
3 Sunscreen All concession operations in a park having a designated swimming area shall have
sunscreen with a Sun Protection Factor (SPF) of at least 15 for adults and 45 for children available for
sale to the general public
4 Use of Biodegradable Products To the extent practicable the Concessionaire agrees to use
recyclable and biodegradable products and packaging in all of its operations ie paper products or
products containing recycled contents The Concessionaire agrees to not dispense food or beverages
in close-celled foam-based containers
5 Prohibitions The Concessionaire shall not
a dispense food or beverages in glass containers
b dispense alcoholic beverages
c sell snorkels beach balls rafts or other inflatable or buoyant devices except US Coast Guard
approved personal flotation devices (PFDs)
d permit gratuities to employees of the State of Connecticut
e provide video or pinball games
6 Hours of Operation
a The Concessionaire may operate the Concession daily between 800 am and sunset on any day
that this contract is in effect
b From the Saturday before Memorial Day through July 4th the Concessionaire shall open the
concession on Saturdays Sundays and holidays not later than 1100 am except during inclement
weather and the concession shall remain open at least until three hours before but not later than
sunset
c From July 4th through Labor Day the Concessionaire shall open the concession daily not later than
1100 am except during inclement weather and the concession shall remain open at least until
three hours before but not later than sunset
d Deviations from the above stated schedules are allowable but must receive advanced approval in
writing from the Park and Recreation Supervisor
e When closing due to inclement weather the Concessionaire shall immediately notify the Park and
Recreation Supervisor The Concessionaire shall keep in the concession vehicle at all times a log
of all closures due to inclement weather and it shall be immediately available to the Park and
Recreation Supervisor upon request for inspection
f Within 30 days of closing the concession for the season but in no case later than December 31 of
each calendar year that this contract is in effect the Concessionaire shall submit an Annual
Inclement Weather Closure Report to the Park and Recreation Supervisor
7 Health Department Inspections The Concessionaire is responsible for scheduling inspections by
the appropriate local health department prior to April 15th of each year this contract is in effect The
Concessionaire is responsible for and shall directly pay for any fees charged for such inspections
8 Health Department Permit The Concessionaire will annually obtain a ldquopermit to sellrdquo from the local
health department and submit a copy of said permit to the DEEP Division of State Parks amp Public
Outreach not later than April 30th of each year this contract is in effect Other Permits The
Concessionaire shall be solely responsible for securing any other licenses permits approvals or
waivers required by any other federal state regional or municipal authority having jurisdiction in the
town(s) in which the Concession is located
9 State Property The Concessionaire shall install no fixed equipment nor make any physical changes
to state property without the prior written approval of DEEP Any improvements or permanent fixtures
approved by the DEEP and provided by the Concessionaire during the term of this contract shall
immediately become the property of the State of Connecticut
A-3
10 Public Health Code The Concessionaire agrees to conform to the Public Health Code of the State of
Connecticut concerning the storage handling and vending of food
11 Refuse Disposal The Concessionaire at its sole expense shall be responsible for the proper disposal
and removal of all recyclables and trash generated by operation of the concession For additional
information see the DEEP website for Managing Waste and Recycling at Special Events and Other
Venues the direct URL address for which is
httpwwwctgovdepcwpviewaspa=2714ampq=434054ampdepNav_GID=1645
12 General Maintenance The Concessionaire shall be responsible for maintaining the Concession area
in a clean sanitary and orderly manner
13 Exclusivity With the exception of vending machines and commodities having prior written approval
for DEEP sanctioned events including but not limited to events authorized by a Special Use License
the Concessionaire shall have the exclusive right to sell commodities within the property named
herein
14 Vending Machines The State of Connecticut Board of Education and Services for the Blind (BESB)
shall have exclusive rights to vending machines on the premises of the concessions and other
authorized areas within the park or forest for the purpose of vending foods and beverages and to collect
receipts there from provided that the number and locations of such vending machines shall receive
prior written approval from a representative of the DEEP
15 Rights of Park Visitors The Concessionaire agrees that nothing contained in the terms of this
contract shall prevent visitors from bringing food to the park and preparing such food for personal
consumption including dispensing such food at no charge to other park visitors Park visitors may
also utilize private catering services with advanced written approval of the Park and Recreation
Supervisor Said catering services may only be permitted with the condition that no financial
transactions occur on DEEP property
16 Concession Staffing The concession shall be staffed only by the Concessionaire or its employee(s)
or other agents identified herein unless otherwise authorized by the Commissioner in writing
17 Code of Conduct Due to the public service nature of the Concession the Concessionaire and all
employees of the Concessionaire shall conduct themselves in a courteous respectful and professional
manner with all members of the public
18 Appearance The Concessionaire and its employees shall be clean and neat in appearance Wearing
an item of uniform eg a shirt hat or badge identifying the name of the Concessionaire employee or
business is encouraged
19 Audible Devices The Concessionaire shall activate audible devices (loudspeakers music bells etc)
only in accordance with instructions provided by the Park and Recreation Supervisor Instructions are
subject to change immediately at the discretion of the Park and Recreation Supervisor
20 Concession Location Unless authorized by the Park and Recreation Supervisor to do otherwise the
Concessionaire agrees to
a identify all park-and-sit locations or drive-through routes on a park map
b confine all concession operations to the designated Concession areas
c confine all sales and advertising to the concession vehicle
d provide garbage and recycling receptacles for customer use
21 Food Inspection An authorized representative of the Commissioner may conduct an unannounced
in-season food inspection once per calendar year Upon request the Concessionaire shall provide a
A-4
range of food and beverage items proportionate to one meal to the Commissionerrsquos
representative for food-tasting purposes
22 Financial Reporting Within 30 days of closing the Concession for the season but in no case
later than December 31 of each calendar year that this contract is in effect the Concessionaire
shall submit a certified statement of annual gross receipts attested to by a Notary Public or a
Commissioner of the Superior Court to Department of Energy and Environmental Protection
Bureau of Outdoor Recreation Division of State Parks and Public Outreach 79 Elm Street
Hartford CT 06106-5127
23 Revenue DEEP shall have no responsibility for revenue loss directly or indirectly attributable
to DEEP management actions including but not limited to changes in park or campground
schedules or operations or in services provided to the visiting public DEEP shall have no
responsibility for revenue loss directly or indirectly attributable to uncontrollable phenomena
including but not limited to attendance loss weather conditions or other Acts of God
24 Compliance The Concessionaire agrees to comply with the regulations of the Department of
Energy and Environmental Protection regarding State Park and Forest Recreation Areas and
with any other department policy concerning the operation of concessions
The parties have hereunto set their hands
SIGNED AND DELIVERED below
STATE OF CONNECTICUT
Department of Energy and Environmental
Protection
CONCESSIONAIRE
BY BY
Date Date
Contract ______________
Acct Fund SID DeptId Prog Project Bud
Ref Amount
Funds available Date
Attorney General (Approved as to Form) Date
Page 5 of 23
2) Outline of Work
a) Work Plan
Provide a detailed task-oriented breakdown for each activity in the Outline
of Work Proposers wishing to add activities to those specified in the
Outline of Work must show the additions as separately numbered tasks
b) Methodologies
Describe how each activity (task) will be accomplished providing a
detailed explanation of the procedures or processes that will be used to
attain the expected outcomes
c) Deliverables
List and describe the form and content of each deliverable (outcome)
Include a description of the proposed method of working with the agency
the resources or services requested of the agency (if any) and the proposed
method of receiving agency approval of deliverables
d) Schedule
Include a proposed work schedule by activity indicating when each
activity will be accomplished Identify any significant milestones or
deadlines Include due dates for all deliverables
e) Key Personnel
Identify the key personnel that will be assigned to this project Attach
resumes reflecting their qualifications including related work experience
[Note The Department must be notified in writing and in advance
regarding the departure of any key personnel from the project]
f) Proposed Cost
Include a cost proposal using the required format (below) Proposers must
submit all-inclusive fixed cost based on completion of entire project
Proposer must include both labor and materials in cost
The cost proposal must be prepared on one sheet of 8rdquox11rdquo white paper
The Proposerrsquos contact information must be printed at the top of the
proposal The original cost proposal and six duplicate copies must be placed
in an 8rdquox11rdquo envelope and sealed The Proposerrsquos contact information must
be printed on the envelope
Deliverable Fixed Cost
Task 1 $ xxxxxxx
Task 2 $ xxxxxxx
Task 3 $ xxxxxxx
Page 6 of 23
3) Conflict of Interest
Include a disclosure statement concerning any current business relationships
(within the last 3 years) that may pose a conflict of interest as defined by CGS sect
1-85
B Minimum Submission Requirements
At a minimum one original (clearly identified as such) and three (3) conforming copies of
each proposal must (1) be signed by the Proposer (2) be submitted before the deadline (3)
follow the required format (4) be complete (5) include the SEEC Form 10 as required
and (6) satisfy the packaging and labeling requirements Proposals that fail to meet these
minimum submission requirements may be disqualified and not reviewed further
C References
Include three letters of reference from recent clients Provide the following information
for each reference name title company address and phone number
D Style Requirements
Proposals must conform to the following requirements (1) be word processed or
typewritten (2) use font size of not less than 10 and not more than 12 points (3) have
margins of not less than 1rdquo on the top bottom and sides of all pages (4) be not more than
20 pages in length including any attachments (5) display the Proposerrsquos name and
Proposal on the header of each page (6) display page numbers at the bottom of each page
and (7) proposals and attachments be copied double sided DEEP requests that paper used
for printing and copying be composed of materials having at least 30 post consumer
content
E Packaging and Labeling Requirements
All proposals must be submitted in sealed envelopes or packages All proposals must be
addressed to the Official Agency Contact and have the RFP prominently displayed on
the envelope The name and address of the Proposer must appear in the upper left hand
corner of the envelope or package Proposals transmitted by facsimile will not be accepted
or reviewed
F Inquiry Procedures
Proposers may submit questions about the RFP to the Official Agency Contact on or before
July 27 2020 Questions must be in writing and submitted by US mail facsimile or e-
mail Questions will not be accepted over the telephone Anonymous questions will not
be answered The agency reserves the right to provide a combined answer to similar
questions The agency will distribute official answers to the questions in the form of a
written amendment not later than August 10 2020 to all Proposers who submitted a letter
of intent Any Proposer who has not received the amendment within two business days
following the distribution date may contact the Official Agency Contact by telephone to
request a copy
Page 7 of 23
G Confidential Information
Proposers are advised not to include in their proposals any proprietary information The
Connecticut Freedom of Information Act generally requires the disclosure of documents in
the possession of the State upon request of any citizen unless the content of the document
falls within certain categories of exemption
7 Communications Notice
All communications related to this RFP shall be with DEEPrsquos Official Agency Contact All
communications with the agency or any person representing this agency concerning this RFP
are strictly prohibited except as permitted by this RFP Any violation of this prohibition by
Proposers or their representatives may result in disqualification or other sanctions or both
8 Affidavits Concerning Gifts and Campaign Contributions
Proposers are advised that if selected an affidavit concerning gifts and campaign contributions
will be required to accompany any State contract with a value of $50000 or more in a calendar
or fiscal year The completed form is submitted by the contractor to the awarding State agency
at the time of contract execution The form is also used with a multi-year contract to update the
initial certification on an annual basis For the most current information and to view the
affidavit go to httpwwwctgovopmfinethics_forms
9 Iran Certification
Proposers are advised that no state agency or quasi-public agency shall enter into any large state
contract or amend or renew any such contract with any entity who (1) has failed to submit a
written certification indicating whether or not such entity has made a direct investment of
twenty million dollars or more in the energy sector of Iran on or after October 1 2013 as
described in Section 202 of the Comprehensive Iran Sanctions Accountability and Divestment
Act of 2010 or has increased or renewed such investment on or after said date or (2) has
submitted a written certification indicating that such entity has made such an investment on or
after October 1 2013 or has increased or renewed such an investment on or after said date
Each such certification shall be sworn as true to the best knowledge and belief of the entity
signing the certification subject to the penalties of false statement For the most current
information and to obtain various electronic formats of OPMrsquos Iran Certification Form 7 go to
httpwwwctgovopmfinethics_forms
Iran Certification Form 7 must be submitted for any large state contract as defined in section
4-250 of the Connecticut General Statutes Entities whose principal place of business is located
outside of the United States are required to complete the entire form including the certification
portion of the form United States subsidiaries of foreign corporations are exempt from having
to complete the certification portion of the form Those entities whose principal place of
business is located inside of the United States must also fill out the form but do not have to
complete the certification portion of the form
10 Contract Compliance Requirements
Provide evidence of the Proposerrsquos ability to meet the contract compliance requirements for one
or more of the following factors (1) success in implementing an affirmative action plan
Page 8 of 23
(2) success in developing an apprenticeship program complying with sectsect 46a-68-1 to 46a-68-
17 inclusive of the Regulations of Connecticut State Agencies (3) promise to develop and
implement a successful affirmative action plan (4) submission of Contract Compliance
Monitoring Report indicating that the composition of the Proposerrsquos workforce is at or near
parity in the relevant labor market area or (5) promise to set aside a portion of the contract for
legitimate minority business enterprises
Forms are available on the CHRO website The following table will assist in determining which
forms are required
Contract Amount Bidder Contract Compliance
Monitoring Report Required ndash
Affidavit for Certification of
Subcontractors as MBErsquos as applic
Affirmative Action
Plan Required
CHRO Requires
Pre Approval of
Affirmative Action
Plan
$0 - $4000 No No na
Non Public Works Contract
$400001 -
$24999999
Yes No na
$250000 or more Yes Yes No
Public Works Contract
$400001 - $50000 Yes No na
$5000001 - $500000 Yes Yes No
$50000001 or more Yes Yes Yes
The State of Connecticut is an Equal Opportunity and Affirmative Action employer and does
not discriminate in its hiring employment or business practices The State is committed to
complying with the Americans with Disabilities Act of 1990 (ADA) and does not discriminate
on the basis of disability in admission to access to or operation of its programs services or
activities
At the time of contract execution a fully executed non-discrimination certification will also be
required
11 RFP Conditions
A All proposals in response to this RFP are to be the sole property of DEEP Proposers
are encouraged not to include in their proposals any information that is proprietary All
materials associated with this procurement process are subject to the terms of State
laws defining freedom of information and privacy and all rules regulations and
interpretations resulting from those laws
B Any product whether acceptable or unacceptable developed under a contract awarded
as a result of the RFP is to be the sole property of DEEP
Page 9 of 23
C Timing and sequence of events resulting from this RFP will ultimately be determined
by DEEP
D The Proposer agrees that the proposal will remain valid for a period of 180 days after
the deadline for submission and may be extended beyond that time by mutual
agreement
E DEEP may amend or cancel this RFP prior to the due date and time if DEEP deems it
to be necessary appropriate or otherwise in the best interests of DEEP Failure to
acknowledge receipt of amendments in accordance with the instructions contained in
the amendments may result in a proposal not being considered
F The Proposer must certify that the personnel identified in its response to this RFP will
be the persons actually assigned to the project Any additions deletions or changes in
personnel assigned to the project must be approved by DEEP or its designee with the
exception of personnel who have terminated employment Replacements for personnel
who have terminated employment are subject to approval by DEEP or its designee At
its discretion DEEP may require the removal and replacement of any of the Proposers
personnel who do not perform adequately on the project regardless of whether they
were previously approved by DEEP
G Any costs and expenses incurred by Proposers in preparing or submitting proposals are
the sole responsibility of the Proposer
H A Proposer must be prepared to present evidence of experience ability service
facilities and financial condition necessary to satisfactorily meet the requirements set
forth or implied in the proposal
I No additions or changes to the original proposal will be allowed after submission
While changes are not permitted clarification of proposals may be required by DEEP
at the Proposerrsquos sole cost and expense
J The Proposer represents and warrants that the proposal is not made in connection with
any other Proposer and is in all respects fair and without collusion or fraud The
Proposer further represents and warrants that the Proposer did not participate in any
part of the RFP development process had no knowledge of the specific contents of the
RFP prior to its issuance and that no agent representative or employee of DEEP
participated directly in the Proposerrsquos proposal preparation
K All responses to the RFP must conform to instruction Failure to include any required
signatures provide the required number of copies to meet deadlines answer all
questions follow the required format or failure to comply with any other requirements
of this RFP may be considered appropriate cause for rejection of the response
L The contract will represent the entire agreement between the Proposer and DEEP and
will supersede all prior negotiations representations or agreements alleged or made
between the parties DEEP or the State shall assume no liability for payment of services
under the terms of the contract until the successful Proposer is notified that the contract
has been accepted and approved by DEEP and by the AGrsquos Office The contract may
be amended only by means of a written instrument signed by DEEP the Proposer and
the AGrsquos Office
Page 10 of 23
M Contractor shall interact with the United States Coast Guard (USCG) as required to
maintain the designation of the facility as a Public Access Facility including but not
limited to any periodic revalidation process requested by the USCG
12 Rights Reserved to DEEP
The DEEP reserves the right to award in part to reject any and all proposals in whole or in part
for misrepresentation or if the Proposer is in default of any prior State contract or if the
proposal limits or modifies any of the terms and conditions andor specifications of the RFP
The DEEP also reserves the right to waive technical defect irregularities and omissions if in
its judgment the best interest of DEEP will be served
DEEP reserves the right to correct inaccurate awards resulting from its clerical errors This
may include in extreme circumstances revoking the awarding of a contract already made to a
Proposer and subsequently awarding the contract to another Proposer Such action on the part
of DEEP shall not constitute a breach of contract on the part of DEEP since the contract with
the initial Proposer is deemed to be void from the beginning and of no effect as if no contract
ever existed between DEEP and the Proposer
13 Agencyrsquos Standard Contract and Conditions
The Proposer must accept DEEPrsquos standard contract language and conditions See Attachment
for Standard Contract Conditions
14 Park Descriptions
A Location
The Eagle Landing State Park property is located at 19 Bridge Road in Haddam
Connecticut and borders the western riverbank of the Connecticut River
B Access
Eagle Landing State Park can be accessed from the West following Route 9 to Exit 7(Rt
82 E) or from the East following Route 82 over the swing bridge
C Property Existing Conditions
The Eagle Landing property is approximately 16 acres and includes four (4) docks three
parking areas an access road a small outbuilding with a power supply and two butler-
style buildings in the northeastern corner of the property Approximately 20 acres on the
eastern portion of the site is flat and lies within the floodplain of the river It was
previously used as a parking area by the previous owner The parking lots are divided
into several distinct lots and are delineated by guardrails The lots can be gated off when
not in use During the spring thaw the property has had a history of being flooded in
areas for multiple days
The park has 1100 feet+ of frontage along the Connecticut River The Connecticut River
is navigable from Long Island Sound northward to Hartford Much of the Connecticut
River view shed is lined with trees and low-lying vegetation giving the river a
ldquowildernessrdquo feel The Connecticut River is the most popular recreational waterway in
Connecticut supporting thousands of cruising vessels and recreational boats and numerous
marinas It is also a very active commercial waterway with hundreds of barges traveling
Page 11 of 23
on the river supplying the fuel docks and tank farms with oil for the cities and towns in
the CT River Valley
The western portion of the property slopes upward to meet a rail line owned by the State
of Connecticut Department of Energy amp Environmental Protection and maintained and
operated by the Valley Railroad Company The Valley Railroad Company operates the
Essex Steam Train
The concession area is delineated by a yellow dashed line as shown on the attached
concession area map Beginning at the northern portion of the concession area the
following structuresinfrastructure are included in the concession contract One butler-
style building (westernmost butlerndashstyle building) Parking Lot 1 Docks1 and 2 use
of the access road use of small former ticket booth building with available power in the
successful proposerrsquos name and Dock 3
The area located to the south of the concession area is approximately 7+ acres but only 4
acres are developed The undeveloped parcel is proposed to become a public boat ramp
facility and is currently being analyzed for resource and engineering issues Included in
this parcel is Dock 4 and Parking Lots 2 and 3 While this property located to the
south of the concession area will not be part of the bid or agreement for Boat
DockingEducational purposes it will be offered to the successful proposer for use as a
docking facility under a short-term Special Use License This license will expire as soon
as construction on the boat ramp commences
It should be noted that the access road to the Eagle Landing property must be kept open
for access by the private residential properties to the south of Eagle Landing
D Existing Condition of Dock
A few minor repairs would help improve the condition of Docks 1 2 and 3 but all are
functioning and usable in their present condition Dock 4 which is not included in the
concession contract has sustained significant damage is not currently usable and is
considered a safety hazard The Concessionaire or Special Use License Holder would be
responsible to certify that the docks can safely secure the size vessel(s) to be used
throughout the duration of this concession The depth of the water on the river side of
the dock varies from 16 feet to 19 feet There is submerged aquatic vegetation between
the docks and the riverbank that may contain species of concern
Before the commencement of any dock maintenance activity to the 4 docks described
above DEEPrsquos Natural Diversity Data Base (NDDB shall be consulted and DEEPrsquos
Land amp Water Resources Division (LWRD) shall be contacted to determine if a permit is
required for such work
E Adjacent Uses
Northward The northern boundary of Eagle Landing State Park is a private home and
CT State Route 82 There is a fence between the State park and the private property The
Page 12 of 23
East Haddam Swing Bridge spans the Connecticut River just north of Dock 1 (See
Attachment D) Andrews Marina is situated on the north side of Route 82
Southward The southern boundary of Eagle Landing State Park is bounded by a
development of private cottages There is an unpaved road which provides residents of
these cottages access to their homes Vehicles utilizing the Boat Concession or the Boat
Ramp may not park along the shoulders of the road or block it in any way
F ZoningSurrounding Land Use
The Town of Haddam zoned this property as ldquoCommercialrdquo and also ldquoState Park amp
Forestrdquo Commercial Boating activities are permitted in the Commercial Zone Eagle
Landing State Park is bounded on both the north and south by a ldquoLow density
RuralResidential Zonerdquo The town recommends a vegetative buffer between Commercial
uses and Residential areas Overlying the entire parcel is the Federal Emergency
Management Administration (FEMA) 100-year Flood Plain zone FEMA requirements
must be applied to any new development so as not to exacerbate flooding events
G Connecticut River Gateway Commission
Eagle Landing lies within the CT River Gateway Conservation Zone
In 1973 the Connecticut General Assembly passed legislation allowing the establishment
of the Connecticut River Gateway Commission a state-local compact for the protection
of the Lower Connecticut River Valley Then and now this valley is widely recognized
as one of the most important natural recreational and scenic areas of the State of
Connecticut One year later in July 1974 the Commission became operational with the
Connecticut Department of Environmental Protection two regional planning agencies and
all eight eligible towns participating
The Gateway Conservation Zone which is the geographic focus of the Commissions
activities is approximately thirty miles in length and includes those portions of the eight
member towns (Chester Deep River East Haddam Essex Haddam Lyme Old Lyme
Old Saybrook) lying within view of the river In recent years it has become an area of
interest for a number of other environmental organizations as well The Nature
Conservancy has designated the Connecticut River Tidelands as one of its Last Great
Places the Connecticut Department of Energy amp Environmental Protection has obtained
the recognition of the rivers tidelands as internationally significant wetlands under the
terms of the International Ramsar Convention the Secretary of the US Department of
Interior has publicly recognized the lower Connecticut River valley as one of the most
important ecological landscapes in the United States and in 1999 the River was
designated as one of 14 American Heritage Rivers by the President of the United States
The mission of this Commission given to it by the Connecticut General Assembly nearly
two decades ago is to preserve the unique scenic ecological scientific and historic
values of the lower Connecticut River valley for the enjoyment of present and future
generations of Connecticut citizens
Page 13 of 23
Development beyond what has previously been permitted must be reviewed by the
Gateway Commission to ensure that it meets the mission and goals of the Gateway
Commission
H Limitations on the Site
A Hours of Operation Hours of Operation of the Concession shall be limited to Sunrise
until 200AM (0200 Hrs)
B Overnight Parking All vehicles must vacate the property by 200 AM (0200Hrs)
C Alcohol Service will be limited to the vessel No alcohol service shall be allowed on
the docks or in other locations on the property
D Amplified sound (bands DJ etc) with the exception of safety instructions shall
not commence until vessels have departed from the dock and must cease prior to final
docking
E Concession shall not sublet any part of the property unless approved by the
Department of Energy amp Environmental Protection
F No new structures shall be erected and no maintenance shall be done to the existing
docks unless approved in writing by the Commissioner or Designee of the
Department of Energy amp Environmental Protection and all applicable permits have
been obtained
Page 14 of 23
Maps of Site
Page 15 of 23
Page 16 of 23
LETTER OF INTENT TO SUBMIT A PROPOSAL
State of Connecticut
Department of Energy amp Environmental Protection
RFP for Eagle Landing State Park
Return to Tenia Seay
Department of Energy amp Environmental Protection
Bureau of Outdoor Recreation
79 Elm Street
Hartford CT 06106-5127
860-424-3064 (Phone)
860-424-4070 (FAX)
Return Deadline 400 pm July 20 2020
The individual firm or corporation below intends to submit a proposal in response to the above referenced RFP
Note This letter is a non-binding expression of interest and does not obligate the sender to submit a proposal
The individual firm or corporation below has reviewed and if selected accepts the agencyrsquos standard contract and
conditions (provided in the RFP) in their entirety and without amendment
Name
Mailing Address
Contact Person
Telephone
FAX
Signature
Title Date
Page 17 of 23
STATE OF CONNECTICUT
DEPARTMENT OF ENERGY AND ENVIRONMENTAL PROTECTION
BUREAU OF OUTDOOR RECREATION AND
CONNECTICUT STATE PARK AND FOREST RECREATION AREA
MOBILE FOOD AND BEVERAGE CONCESSION
THIS CONTRACT is made by and between the STATE OF CONNECTICUT acting herein by
the Commissioner of the Department of Energy and Environmental Protection hereinafter referred
to as Commissionerrdquo or DEEP or ldquoStaterdquo and [Insert Concessionaire] of the Town of
Waterbury and the state of Connecticut hereinafter referred to as the Concessionaire or
ldquoContractorrdquo
WITNESSETH
WHEREAS the Commissioner of Energy and Environmental Protection pursuant to Conn Gen
Stat 23-26 has the authority to enter into contractual relations with persons for the maintenance
of concessions and other sources of revenue to be derived from services to the general public using
state parks and
WHEREAS the Concessionaire desires to operate a Mobile Food and Beverage Concession
Service and render services to the public at
[Insert Name of Location]
NOW THEREFORE it is hereby agreed as follows
1 Mobile Food and Beverage Concession Service The Concessionaire agrees to operate a
Mobile Food and Beverage Concession Service at the above noted facility The Concessionaire
is responsible for all work included in this Contract Details regarding the Scope of Work are
included in Attachment A which is attached hereto and is hereby made a part of this contract
2 Duration The Commissioner hereby grants to the Concessionaire the exclusive right to
operate the above Mobile Food and Beverage Concession Service at the location identified for
the period commencing upon contract execution through [insert expiration date] At the
Commissionerrsquos sole discretion this contract may be renewed for up to [Insert number] years
without further competition
3 Payment In consideration of said rights and privileges the Concessionaire agrees to pay a
total of [insert amount] to the State of Connecticut due by [insert date] Payments shall be
made by check draft or money order payable to Treasurer State of Connecticut and
delivered or mailed to the Department of Energy and Environmental Protection Accounts
Receivable 79 Elm Street Hartford Connecticut 06106-5127
4 Nondisclosure Contactor shall not release any information concerning the services provided
pursuant to the Contract or any part thereof to any member of the public press business entity
or any official body unless prior written consent is obtained from the State
Page 18 of 23
STANDARD TERMS AND CONDITIONS (Rev 8302019)
1 Definitions
(a) State The State of Connecticut including the Department of Energy and Environmental Protection and
any office department board council commission institution or other agency of the State
(b) Commissioner The Commissioner of Energy and Environmental Protection or the Commissionerrsquos
designated agent
(c) Parties The Department of Energy and Environmental Protection (DEEP or Agency) and the Contractor
(d) Contractor Parties Contractor Parties shall be defined as a Contractorrsquos members directors officers
shareholders partners managers principal officers representatives agents servants consultants employees
or any one of them or any other person or entity with whom the Contractor is in privity of oral or written
contract and the Contractor intends for such other person or entity to Perform under the Contract in any
capacity To the extent that any Contractor Party is to participate or Perform in any way directly or indirectly
in connection with the Contract any reference in the Contract to the ldquoContractorrdquo shall also be deemed to
include ldquoContractor Partiesrdquo as if such reference had originally specifically included ldquoContractor Partiesrdquo
since it is the Partiesrsquo intent for the terms ldquoContractor Partiesrdquo to be vested with the same respective rights
and obligations as the terms ldquoContractorrdquo
(e) Contract This agreement as of its Effective Date between the Contractor and the State for any or all
goods or services as more particularly described in Appendix A
(f) Execution This contract shall be fully executed when it has been signed by authorized representatives
of the parties and if it is for an amount of Twenty-five thousand dollars ($2500000) or more by the
authorized representative of the state Attorney Generals office
(g) Exhibits All attachments appendices or exhibits referred to in and attached to this Contract are
incorporated in this Contract by such reference and shall be deemed to be a part of it as if they had been fully
set forth in it
(h) Records For the purposes of this Contract records are defined as all working papers and such other
information and materials as may have been accumulated by the Contractor in performing the Contract
including but not limited to documents data plans books computations drawings specifications notes
reports records estimates summaries and correspondence kept or stored in any form
(i) Confidential Information Confidential Information shall mean any name number or other information
that may be used alone or in conjunction with any other information to identify a specific individual
including but not limited to such individuals name date of birth mothers maiden name motor vehicle
operators license number Social Security number employee identification number employer or taxpayer
identification number alien registration number government passport number health insurance
identification number demand deposit account number savings account number credit card number debit
card number or unique biometric data such as fingerprint voice print retina or iris image or other unique
physical representation Without limiting the foregoing Confidential Information shall also include any
information that the Department classifies as ldquoconfidentialrdquo or ldquorestrictedrdquo Confidential Information shall
not include information that may be lawfully obtained from publicly available sources or from federal state
or local government records which are lawfully made available to the general public
(j) Confidential Information Breach Confidential Information Breach shall mean generally an instance
where an unauthorized person or entity accesses Confidential Information in any manner including but not
limited to the following occurrences (1) any Confidential Information that is not encrypted or protected is
misplaced lost stolen or in any way compromised (2) one or more third parties have had access to or taken
control or possession of any Confidential Information that is not encrypted or protected without prior written
authorization from the State (3) the unauthorized acquisition of encrypted or protected Confidential
Information together with the confidential process or key that is capable of compromising the integrity of the
Confidential Information or (4) if there is a substantial risk of identity theft or fraud to the client the
Contractor the Department or State
Page 19 of 23
(k) Claim Claim shall mean all actions suits claims demands investigations and proceedings of any kind
open pending or threatened whether mature unmatured contingent known or unknown at law or in equity
in any forum
2 Forum and Choice of Law The parties deem the Contract to have been made in the City of Hartford State of
Connecticut Both parties agree that it is fair and reasonable for the validity and construction of the Contract
to be and it shall be governed by the laws and court decisions of the State of Connecticut without giving effect
to its principles of conflicts of laws To the extent that any immunities provided by Federal law or the laws of
the State of Connecticut do not bar an action against the State and to the extent that these courts are courts of
competent jurisdiction for the purpose of venue the complaint shall be made returnable to the Judicial District
of Hartford only or shall be brought in the United States District Court for the District of Connecticut only and
shall not be transferred to any other court provided however that nothing here constitutes a waiver or
compromise of the sovereign immunity of the State of Connecticut The Contractor waives any objection which
it may now have or will have to the laying of venue of any Claims in any forum and further irrevocably submits
to such jurisdiction in any suit action or proceeding
3 Termination
(a) Notwithstanding any provisions in this Contract the Agency through a duly authorized employee may
Terminate the Contract whenever the Agency makes a written determination that such Termination is in
the best interests of the State The Agency shall notify the Contractor in writing of Termination pursuant
to this section which notice shall specify the effective date of Termination and the extent to which the
Contractor must complete its Performance under the Contract prior to such date
(b) Notwithstanding any provisions in this Contract the Agency through a duly authorized employee may
after making a written determination that the Contractor has breached the Contract Terminate the
Contract in accordance with the provisions in the Breach section of this Contract
(c) The Agency shall send the notice of Termination via certified mail return receipt requested to the
Contractor at the most current address which the Contractor has furnished to the Agency for purposes of
correspondence or by hand delivery Upon receiving the notice from the Agency the Contractor shall
immediately discontinue all services affected in accordance with the notice undertake all commercially
reasonable efforts to mitigate any losses or damages and deliver to the Agency all Records The Records
are deemed to be the property of the Agency and the Contractor shall deliver them to the Agency no later
than thirty (30) days after the Termination of the Contract or fifteen (15) days after the Contractor
receives a written request from the Agency for the Records The Contractor shall deliver those Records
that exist in electronic magnetic or other intangible form in a non-proprietary format such as but not
limited to ASCII or TXT
(d) Upon receipt of a written notice of Termination from the Agency the Contractor shall cease operations
as the Agency directs in the notice and take all actions that are necessary or appropriate or that the
Agency may reasonably direct for the protection and preservation of the Goods and any other property
Except for any work which the Agency directs the Contractor to Perform in the notice prior to the
effective date of Termination and except as otherwise provided in the notice the Contractor shall
terminate or conclude all existing subcontracts and purchase orders and shall not enter into any further
subcontracts purchase orders or commitments
(e) The Agency shall within forty-five (45) days of the effective date of Termination reimburse the
Contractor for its Performance rendered and accepted by the Agency in addition to all actual and
reasonable costs incurred after Termination in completing those portions of the Performance which the
notice required the Contractor to complete However the Contractor is not entitled to receive and the
Agency is not obligated to tender to the Contractor any payments for anticipated or lost profits Upon
request by the Agency the Contractor shall assign to the Agency or any replacement contractor which
the Agency designates all subcontracts purchase orders and other commitments deliver to the Agency
all Records and other information pertaining to its Performance and remove from State premises
whether leased or owned all of Contractorrsquos property equipment waste material and rubbish related to
its Performance all as the Agency may request
(f) For breach or violation of any of the provisions in the section concerning Representations and
Warranties the Agency may Terminate the Contract in accordance with its terms and revoke any
consents to assignments given as if the assignments had never been requested or consented to without
liability to the Contractor or Contractor Parties or any third party
(g) Upon Termination of the Contract all rights and obligations shall be null and void so that no party shall
Page 20 of 23
have any further rights or obligations to any other party except with respect to the sections which survive
Termination All representations warranties agreements and rights of the parties under the Contract
shall survive such Termination to the extent not otherwise limited in the Contract and without each one
of them having to be specifically mentioned in the Contract
(h) Termination of the Contract pursuant to this section shall not be deemed to be a breach of contract by
the Agency
4 Indemnification
(a) The Contractor shall indemnify defend and hold harmless the State and its officers representatives
agents servants employees successors and assigns from and against any and all (1) Claims arising
directly or indirectly in connection with the Contract including the acts of commission or omission
(collectively the Acts) of the Contractor or Contractor Parties and (2) liabilities damages losses
costs and expenses including but not limited to attorneys and other professionals fees arising directly
or indirectly in connection with Claims Acts or the Contract The Contractor shall use counsel
reasonably acceptable to the State in carrying out its obligations under this section The Contractorrsquos
obligations under this section to indemnify defend and hold harmless against Claims includes Claims
concerning confidentiality of any part of or all of the Contractorrsquos bid proposal or any Records any
intellectual property rights other proprietary rights of any person or entity copyrighted or uncopyrighted
compositions secret processes patented or unpatented inventions articles or appliances furnished or
used in the Performance
(b) The Contractor shall not be responsible for indemnifying or holding the State harmless from any liability
arising due to the negligence of the State or any other person or entity acting under the direct control or
supervision of the State
(c) The Contractor shall reimburse the State for any and all damages to the real or personal property of the
State caused by the Acts of the Contractor or any Contractor Parties The State shall give the Contractor
reasonable notice of any such Claims
(d) The Contractorrsquos duties under this section shall remain fully in effect and binding in accordance with the
terms and conditions of the Contract without being lessened or compromised in any way even where
the Contractor is alleged or is found to have merely contributed in part to the Acts giving rise to the
Claims andor where the State is alleged or is found to have contributed to the Acts giving rise to the
Claims
(e) The Contractor shall carry and maintain at all times during the term of the Contract and during the time
that any provisions survive the term of the Contract sufficient general liability insurance to satisfy its
obligations under this Contract The Contractor shall cause the State to be named as an additional insured
on the policy and shall provide (1) a certificate of insurance (2) the declaration page and (3) the
additional insured endorsement to the policy to the State and the Client Agency all in an electronic format
acceptable to the State prior to the Effective Date of the Contract evidencing that the State is an additional
insured The Contractor shall not begin Performance until the delivery of these three documents to the
Client Agency Contractor shall provide an annual electronic update of the three documents to the Client
Agency and the State on or before each anniversary of the Effective Date during the Contract term State
shall be entitled to recover under the insurance policy even if a body of competent jurisdiction determines
that State is contributorily negligent
(f) This section shall survive the Termination of the Contract and shall not be limited by reason of any
insurance coverage
5 Sovereign Immunity The parties acknowledge and agree that nothing in the Solicitation or the Contract shall
be construed as a modification compromise or waiver by the State of any rights or defenses of any immunities
provided by Federal law or the laws of the State of Connecticut to the State or any of its officers and employees
which they may have had now have or will have with respect to all matters arising out of the Contract To the
extent that this section conflicts with any other section this section shall govern
6 Protection of Confidential Information Contractor and Contractor Parties at their own expense have a duty to
and shall protect from a Confidential Information Breach any and all Confidential Information which they come
to possess or control wherever and however stored or maintained in a commercially reasonable manner in
accordance with current industry standards
(b) Each Contractor or Contractor Party shall develop implement and maintain a comprehensive data -
security program for the protection of Confidential Information The safeguards contained in such
Page 21 of 23
program shall be consistent with and comply with the safeguards for protection of Confidential
Information and information of a similar character as set forth in all applicable federal and state law
and written policy of the Agency or State concerning the confidentiality of Confidential Information
Such data-security program shall include but not be limited to the following
(1) A security policy for employees related to the storage access and transportation of data containing
Confidential Information
(2) Reasonable restrictions on access to records containing Confidential Information including access
to any locked storage where such records are kept
(3) A process for reviewing policies and security measures at least annually
(4) Creating secure access controls to Confidential Information including but not limited to passwords
and
(5) Encrypting of Confidential Information that is stored on laptops portable devices or being
transmitted electronically
(c) The Contractor and Contractor Parties shall notify the Agency and the Connecticut Office of the Attorney
General as soon as practical but no later than twenty-four (24) hours after they become aware of or
suspect that any Confidential Information which Contractor or Contractor Parties have come to possess
or control has been subject to a Confidential Information Breach If a Confidential Information Breach
has occurred the Contractor shall within three (3) business days after the notification present a credit
monitoring and protection plan to the Commissioner of Administrative Services the Agency and the
Connecticut Office of the Attorney General for review and approval Such credit monitoring or
protection plan shall be made available by the Contractor at its own cost and expense to all individuals
affected by the Confidential Information Breach Such credit monitoring or protection plan shall include
but is not limited to reimbursement for the cost of placing and lifting one (1) security freeze per credit
file pursuant to Connecticut General Statutes sect 36a-701a Such credit monitoring or protection plans
shall be approved by the State in accordance with this Section and shall cover a length of time
commensurate with the circumstances of the Confidential Information Breach The Contractorsrsquo costs
and expenses for the credit monitoring and protection plan shall not be recoverable from the Agency
any State of Connecticut entity or any affected individuals
(d) The Contractor shall incorporate the requirements of this Section in all subcontracts requiring each
Contractor Party to safeguard Confidential Information in the same manner as provided for in this
Section
(e) Nothing in this Section shall supersede in any manner Contractorrsquos or Contractor Partyrsquos obligations
pursuant to HIPAA or the provisions of this Contract concerning the obligations of the Contractor as a
Business Associate of Covered Entity
7 Executive Orders This Contract is subject to the provisions of Executive Order No Three of Governor Thomas
J Meskill promulgated June 16 1971 concerning labor employment practices Executive Order No Seventeen
of Governor Thomas J Meskill promulgated February 15 1973 concerning the listing of employment
openings and Executive Order No Sixteen of Governor John G Rowland promulgated August 4 1999
concerning violence in the workplace all of which are incorporated into and are made a part of the Contract as
if they had been fully set forth in it The Contract may also be subject to Executive Order No 14 of Governor
M Jodi Rell promulgated April 17 2006 concerning procurement of cleaning products and services and to
Executive Order No 49 of Governor Dannel P Malloy promulgated May 22 2015 mandating disclosure of
certain gifts to public employees and contributions to certain candidates for office If Executive Order 14 andor
Executive Order 49 are applicable they are deemed to be incorporated into and are made a part of the Contract
as if they had been fully set forth in it At the Contractorrsquos request the Client Agency or DAS shall provide a
copy of these orders to the Contractor
8 State Liability The State of Connecticut shall assume no liability for payment for services under the terms of
this agreement until the contractor is notified that this agreement has been accepted by the contracting agency
and if applicable approved by the Office of Policy and Management (OPM) or the Department of
Administrative Services (DAS) and by the Attorney General of the State of Connecticut
9 Distribution of Materials The Contractor shall obtain written approval from the Commissioner prior to the
distribution or publication of any materials prepared under the terms of this Contract Such approval shall not
be unreasonably withheld
10 Change in Principal Project Staff Any changes in the principal project staff must be requested in writing and
approved in writing by the Commissioner at the Commissionerrsquos sole discretion In the event of any
Page 22 of 23
unapproved change in principal project staff the Commissioner may in the Commissionerrsquos sole discretion
terminate this Contract
11 Further Assurances The Parties shall provide such information execute and deliver any instruments and
documents and take such other actions as may be necessary or reasonably requested by the other Party which
are not inconsistent with the provisions of this Contract and which do not involve the vesting of rights or
assumption of obligations other than those provided for in the Contract in order to give full effect to the
Contract and to carry out the intent of the Contract
12 Third Party Participation The Contractor may make sub-awards using either its own competitive selection
process or the values established in the statersquos competitive selection process as outlined in DAS General Letter
71 whichever is more restrictive to conduct any of the tasks in the Scope of Work contained in Appendix A
The Contractor shall advise the Commissioner of the proposed sub-awardee and the amount allocated at least
two (2) weeks prior to the making of such awards The Commissioner reserves the right to disapprove such
awards if they appear to be inconsistent with the program activities to be conducted under this grant As
required by Sec 46a-68j-23 of the Connecticut Regulations of State Agencies the Contractor must make a good
faith effort based upon the availability of minority business enterprises in the labor market area to award a
reasonable proportion of all subcontracts to such enterprises When minority business enterprises are selected
the Contractor shall provide DEEP with a copy of the Affidavit for Certification of Subcontractors as Minority
Business Enterprises (MBE) along with a copy of the purchase order or contract engaging the Subcontractor
The Contractor shall be the sole point of contact concerning the management of the Contract including
performance and payment issues The Contractor is solely and completely responsible for adherence by any
subcontractor to all the applicable provisions of the Contract
13 Americans with Disabilities Act The Contractor shall be and remain in compliance with the Americans with
Disabilities Act of 1990 (ldquoActrdquo) to the extent applicable during the term of the Contract The DEEP may
cancel the Contract if the Contractor fails to comply with the Act
14 Affirmative Action and Sexual Harassment Policies The Contractor agrees to comply with the Departments
Affirmative Action and Sexual Harassment Policies available on DEEPrsquos web site Hard copies of the policy
statements are available upon request at DEEP
15 Breach If either Party breaches the Contract in any respect the non-breaching Party shall provide written
notice of the breach to the breaching Party and afford the breaching Party an opportunity to cure within ten (10)
days from the date that the breaching Party receives the notice In the case of a Contractor breach any other
time period which the Agency sets forth in the notice shall trump the ten (10) days The right to cure period
shall be extended if the non-breaching Party is satisfied that the breaching Party is making a good faith effort
to cure but the nature of the breach is such that it cannot be cured within the right to cure period The notice
may include an effective Contract Termination date if the breach is not cured by the stated date and unless
otherwise modified by the non-breaching Party in writing prior to the Termination date no further action shall
be required of any Party to effect the Termination as of the stated date If the notice does not set forth an
effective Contract Termination date then the non-breaching Party may Terminate the Contract by giving the
breaching Party no less than twenty four (24) hours prior written notice If the Agency believes that the
Contractor has not performed according to the Contract the Agency may withhold payment in whole or in part
pending resolution of the Performance issue provided that the Agency notifies the Contractor in writing prior
to the date that the payment would have been due
16 Severability If any term or provision of the Contract or its application to any person entity or circumstance
shall to any extent be held to be invalid or unenforceable the remainder of the Contract or the application of
such term or provision shall not be affected as to persons entities or circumstances other than those as to whom
or to which it is held to be invalid or unenforceable Each remaining term and provision of the Contract shall
be valid and enforced to the fullest extent possible by law
17 The Town Guarantee The Town shall furnish adequate protection from damage for all work and to repair any
damage of any kind for which he or his workmen are responsible to premises or any equipment to his own
work or to the work of the Agency pay for all permits licenses and fees and to give all notices and comply
with all laws ordinances rules and regulations of the city state and federal government
18 Force Majeure The Parties shall not be excused from their obligation to perform in accordance with the
Contract except in the case of Force Majeure events and as otherwise provided for in the Contract A Force
Majeure event materially affects the cost of the Goods or Services or the time schedule for performance and is
outside the control nor caused by the Parties In the case of any such exception the nonperforming Party shall
give immediate written notice to the other explaining the cause and probable duration of any such
Page 23 of 23
nonperformance
19 Entirety of Contract The Contract is the entire agreement between the Parties with respect to its subject matter
and supersedes all prior agreements proposals offers counteroffers and understandings of the Parties whether
written or oral The Contract has been entered into after full investigation neither Party relying upon any
statement or representation by the other unless such statement or representation is specifically embodied in the
Contract
20 Interpretation The Contract contains numerous references to statutes and regulations For purposes of
interpretation conflict resolution and otherwise the content of those statutes and regulations shall govern over
the content of the reference in the Contract to those statutes and regulations
A-1
Attachment A
Scope of Work
Mobile Food and Beverage Concession Services
1 Insurance The Concessionaire shall furnish evidence of insurance A Certificate of Insurance
covering each annual period of this contract shall reflect the following limits and shall be submitted
by the Concessionaire to the Department of Energy and Environmental Protection by April 1 of each
year this contract is in effect
a Commercial General Liability insurance providing a total limit of $1000000 for all damages
arising from bodily injury to or death of all persons in any accident or occurrence and for all
damages arising from the destruction of or damage to property in any one accident or occurrence
In cases where any insurance policy shows an aggregate limit the aggregate shall apply solely to
the concession operation or the aggregate limit shall be not less than $2000000
b The operation of all motor vehicles including those hired or borrowed used in connection with
this contract shall be covered by Automobile Liability insurance providing for a total limit of
$1000000 for all damages arising from bodily injuries to or death of all persons in any one
accident or occurrence and for all damages arising from the destruction of or damage to property
in any one accident or occurrence In cases where any insurance policy shows an aggregate limit
the aggregate shall apply solely to the concession operation or the aggregate limit shall be not less
than $2000000
c The Concessionaire shall carry Workerrsquos Compensation insurance in accordance with the
requirements of the laws of the State of Connecticut
d Said coveragersquos are to be provided by insurance companies licensed by the State of Connecticut
e Any deductibles or self-insured retentions must be declared and approved by the State
f The State of Connecticut shall be listed as an Additional Insured on all required coverage
2 Commodities and Price List
a The Concessionaire shall be allowed to sell food and beverages as approved in advance by the
Commissioner
b The Concessionaire shall be allowed to sell souvenirs and other outdoor recreation related
merchandise hereinafter referred to collectively as merchandise as approved in advance by the
Commissioner
c By April 1 of each year that this contract is in effect the Concessionaire shall submit for approval
a price list of all foods beverages and merchandise for sale hereinafter referred to collectively as
commodities to the Department of Energy and Environmental Protection Bureau of Outdoor
Recreation Division of State Parks and Public Outreach 79 Elm Street Hartford CT 06106-5127
d Any price increases or additions of commodities are subject to the prior written approval of the
Commissioner
e The Concessionaire shall post a price list of all commodities for sale in full public view while in
operation
f Whenever the park name is used on merchandise the complete park name shall be used
g The Concessionaire warrants that all commodities offered for sale shall not exceed in price nor be
substandard in quality or quantity to like commodities sold in the surrounding community
A-2
3 Sunscreen All concession operations in a park having a designated swimming area shall have
sunscreen with a Sun Protection Factor (SPF) of at least 15 for adults and 45 for children available for
sale to the general public
4 Use of Biodegradable Products To the extent practicable the Concessionaire agrees to use
recyclable and biodegradable products and packaging in all of its operations ie paper products or
products containing recycled contents The Concessionaire agrees to not dispense food or beverages
in close-celled foam-based containers
5 Prohibitions The Concessionaire shall not
a dispense food or beverages in glass containers
b dispense alcoholic beverages
c sell snorkels beach balls rafts or other inflatable or buoyant devices except US Coast Guard
approved personal flotation devices (PFDs)
d permit gratuities to employees of the State of Connecticut
e provide video or pinball games
6 Hours of Operation
a The Concessionaire may operate the Concession daily between 800 am and sunset on any day
that this contract is in effect
b From the Saturday before Memorial Day through July 4th the Concessionaire shall open the
concession on Saturdays Sundays and holidays not later than 1100 am except during inclement
weather and the concession shall remain open at least until three hours before but not later than
sunset
c From July 4th through Labor Day the Concessionaire shall open the concession daily not later than
1100 am except during inclement weather and the concession shall remain open at least until
three hours before but not later than sunset
d Deviations from the above stated schedules are allowable but must receive advanced approval in
writing from the Park and Recreation Supervisor
e When closing due to inclement weather the Concessionaire shall immediately notify the Park and
Recreation Supervisor The Concessionaire shall keep in the concession vehicle at all times a log
of all closures due to inclement weather and it shall be immediately available to the Park and
Recreation Supervisor upon request for inspection
f Within 30 days of closing the concession for the season but in no case later than December 31 of
each calendar year that this contract is in effect the Concessionaire shall submit an Annual
Inclement Weather Closure Report to the Park and Recreation Supervisor
7 Health Department Inspections The Concessionaire is responsible for scheduling inspections by
the appropriate local health department prior to April 15th of each year this contract is in effect The
Concessionaire is responsible for and shall directly pay for any fees charged for such inspections
8 Health Department Permit The Concessionaire will annually obtain a ldquopermit to sellrdquo from the local
health department and submit a copy of said permit to the DEEP Division of State Parks amp Public
Outreach not later than April 30th of each year this contract is in effect Other Permits The
Concessionaire shall be solely responsible for securing any other licenses permits approvals or
waivers required by any other federal state regional or municipal authority having jurisdiction in the
town(s) in which the Concession is located
9 State Property The Concessionaire shall install no fixed equipment nor make any physical changes
to state property without the prior written approval of DEEP Any improvements or permanent fixtures
approved by the DEEP and provided by the Concessionaire during the term of this contract shall
immediately become the property of the State of Connecticut
A-3
10 Public Health Code The Concessionaire agrees to conform to the Public Health Code of the State of
Connecticut concerning the storage handling and vending of food
11 Refuse Disposal The Concessionaire at its sole expense shall be responsible for the proper disposal
and removal of all recyclables and trash generated by operation of the concession For additional
information see the DEEP website for Managing Waste and Recycling at Special Events and Other
Venues the direct URL address for which is
httpwwwctgovdepcwpviewaspa=2714ampq=434054ampdepNav_GID=1645
12 General Maintenance The Concessionaire shall be responsible for maintaining the Concession area
in a clean sanitary and orderly manner
13 Exclusivity With the exception of vending machines and commodities having prior written approval
for DEEP sanctioned events including but not limited to events authorized by a Special Use License
the Concessionaire shall have the exclusive right to sell commodities within the property named
herein
14 Vending Machines The State of Connecticut Board of Education and Services for the Blind (BESB)
shall have exclusive rights to vending machines on the premises of the concessions and other
authorized areas within the park or forest for the purpose of vending foods and beverages and to collect
receipts there from provided that the number and locations of such vending machines shall receive
prior written approval from a representative of the DEEP
15 Rights of Park Visitors The Concessionaire agrees that nothing contained in the terms of this
contract shall prevent visitors from bringing food to the park and preparing such food for personal
consumption including dispensing such food at no charge to other park visitors Park visitors may
also utilize private catering services with advanced written approval of the Park and Recreation
Supervisor Said catering services may only be permitted with the condition that no financial
transactions occur on DEEP property
16 Concession Staffing The concession shall be staffed only by the Concessionaire or its employee(s)
or other agents identified herein unless otherwise authorized by the Commissioner in writing
17 Code of Conduct Due to the public service nature of the Concession the Concessionaire and all
employees of the Concessionaire shall conduct themselves in a courteous respectful and professional
manner with all members of the public
18 Appearance The Concessionaire and its employees shall be clean and neat in appearance Wearing
an item of uniform eg a shirt hat or badge identifying the name of the Concessionaire employee or
business is encouraged
19 Audible Devices The Concessionaire shall activate audible devices (loudspeakers music bells etc)
only in accordance with instructions provided by the Park and Recreation Supervisor Instructions are
subject to change immediately at the discretion of the Park and Recreation Supervisor
20 Concession Location Unless authorized by the Park and Recreation Supervisor to do otherwise the
Concessionaire agrees to
a identify all park-and-sit locations or drive-through routes on a park map
b confine all concession operations to the designated Concession areas
c confine all sales and advertising to the concession vehicle
d provide garbage and recycling receptacles for customer use
21 Food Inspection An authorized representative of the Commissioner may conduct an unannounced
in-season food inspection once per calendar year Upon request the Concessionaire shall provide a
A-4
range of food and beverage items proportionate to one meal to the Commissionerrsquos
representative for food-tasting purposes
22 Financial Reporting Within 30 days of closing the Concession for the season but in no case
later than December 31 of each calendar year that this contract is in effect the Concessionaire
shall submit a certified statement of annual gross receipts attested to by a Notary Public or a
Commissioner of the Superior Court to Department of Energy and Environmental Protection
Bureau of Outdoor Recreation Division of State Parks and Public Outreach 79 Elm Street
Hartford CT 06106-5127
23 Revenue DEEP shall have no responsibility for revenue loss directly or indirectly attributable
to DEEP management actions including but not limited to changes in park or campground
schedules or operations or in services provided to the visiting public DEEP shall have no
responsibility for revenue loss directly or indirectly attributable to uncontrollable phenomena
including but not limited to attendance loss weather conditions or other Acts of God
24 Compliance The Concessionaire agrees to comply with the regulations of the Department of
Energy and Environmental Protection regarding State Park and Forest Recreation Areas and
with any other department policy concerning the operation of concessions
The parties have hereunto set their hands
SIGNED AND DELIVERED below
STATE OF CONNECTICUT
Department of Energy and Environmental
Protection
CONCESSIONAIRE
BY BY
Date Date
Contract ______________
Acct Fund SID DeptId Prog Project Bud
Ref Amount
Funds available Date
Attorney General (Approved as to Form) Date
Page 6 of 23
3) Conflict of Interest
Include a disclosure statement concerning any current business relationships
(within the last 3 years) that may pose a conflict of interest as defined by CGS sect
1-85
B Minimum Submission Requirements
At a minimum one original (clearly identified as such) and three (3) conforming copies of
each proposal must (1) be signed by the Proposer (2) be submitted before the deadline (3)
follow the required format (4) be complete (5) include the SEEC Form 10 as required
and (6) satisfy the packaging and labeling requirements Proposals that fail to meet these
minimum submission requirements may be disqualified and not reviewed further
C References
Include three letters of reference from recent clients Provide the following information
for each reference name title company address and phone number
D Style Requirements
Proposals must conform to the following requirements (1) be word processed or
typewritten (2) use font size of not less than 10 and not more than 12 points (3) have
margins of not less than 1rdquo on the top bottom and sides of all pages (4) be not more than
20 pages in length including any attachments (5) display the Proposerrsquos name and
Proposal on the header of each page (6) display page numbers at the bottom of each page
and (7) proposals and attachments be copied double sided DEEP requests that paper used
for printing and copying be composed of materials having at least 30 post consumer
content
E Packaging and Labeling Requirements
All proposals must be submitted in sealed envelopes or packages All proposals must be
addressed to the Official Agency Contact and have the RFP prominently displayed on
the envelope The name and address of the Proposer must appear in the upper left hand
corner of the envelope or package Proposals transmitted by facsimile will not be accepted
or reviewed
F Inquiry Procedures
Proposers may submit questions about the RFP to the Official Agency Contact on or before
July 27 2020 Questions must be in writing and submitted by US mail facsimile or e-
mail Questions will not be accepted over the telephone Anonymous questions will not
be answered The agency reserves the right to provide a combined answer to similar
questions The agency will distribute official answers to the questions in the form of a
written amendment not later than August 10 2020 to all Proposers who submitted a letter
of intent Any Proposer who has not received the amendment within two business days
following the distribution date may contact the Official Agency Contact by telephone to
request a copy
Page 7 of 23
G Confidential Information
Proposers are advised not to include in their proposals any proprietary information The
Connecticut Freedom of Information Act generally requires the disclosure of documents in
the possession of the State upon request of any citizen unless the content of the document
falls within certain categories of exemption
7 Communications Notice
All communications related to this RFP shall be with DEEPrsquos Official Agency Contact All
communications with the agency or any person representing this agency concerning this RFP
are strictly prohibited except as permitted by this RFP Any violation of this prohibition by
Proposers or their representatives may result in disqualification or other sanctions or both
8 Affidavits Concerning Gifts and Campaign Contributions
Proposers are advised that if selected an affidavit concerning gifts and campaign contributions
will be required to accompany any State contract with a value of $50000 or more in a calendar
or fiscal year The completed form is submitted by the contractor to the awarding State agency
at the time of contract execution The form is also used with a multi-year contract to update the
initial certification on an annual basis For the most current information and to view the
affidavit go to httpwwwctgovopmfinethics_forms
9 Iran Certification
Proposers are advised that no state agency or quasi-public agency shall enter into any large state
contract or amend or renew any such contract with any entity who (1) has failed to submit a
written certification indicating whether or not such entity has made a direct investment of
twenty million dollars or more in the energy sector of Iran on or after October 1 2013 as
described in Section 202 of the Comprehensive Iran Sanctions Accountability and Divestment
Act of 2010 or has increased or renewed such investment on or after said date or (2) has
submitted a written certification indicating that such entity has made such an investment on or
after October 1 2013 or has increased or renewed such an investment on or after said date
Each such certification shall be sworn as true to the best knowledge and belief of the entity
signing the certification subject to the penalties of false statement For the most current
information and to obtain various electronic formats of OPMrsquos Iran Certification Form 7 go to
httpwwwctgovopmfinethics_forms
Iran Certification Form 7 must be submitted for any large state contract as defined in section
4-250 of the Connecticut General Statutes Entities whose principal place of business is located
outside of the United States are required to complete the entire form including the certification
portion of the form United States subsidiaries of foreign corporations are exempt from having
to complete the certification portion of the form Those entities whose principal place of
business is located inside of the United States must also fill out the form but do not have to
complete the certification portion of the form
10 Contract Compliance Requirements
Provide evidence of the Proposerrsquos ability to meet the contract compliance requirements for one
or more of the following factors (1) success in implementing an affirmative action plan
Page 8 of 23
(2) success in developing an apprenticeship program complying with sectsect 46a-68-1 to 46a-68-
17 inclusive of the Regulations of Connecticut State Agencies (3) promise to develop and
implement a successful affirmative action plan (4) submission of Contract Compliance
Monitoring Report indicating that the composition of the Proposerrsquos workforce is at or near
parity in the relevant labor market area or (5) promise to set aside a portion of the contract for
legitimate minority business enterprises
Forms are available on the CHRO website The following table will assist in determining which
forms are required
Contract Amount Bidder Contract Compliance
Monitoring Report Required ndash
Affidavit for Certification of
Subcontractors as MBErsquos as applic
Affirmative Action
Plan Required
CHRO Requires
Pre Approval of
Affirmative Action
Plan
$0 - $4000 No No na
Non Public Works Contract
$400001 -
$24999999
Yes No na
$250000 or more Yes Yes No
Public Works Contract
$400001 - $50000 Yes No na
$5000001 - $500000 Yes Yes No
$50000001 or more Yes Yes Yes
The State of Connecticut is an Equal Opportunity and Affirmative Action employer and does
not discriminate in its hiring employment or business practices The State is committed to
complying with the Americans with Disabilities Act of 1990 (ADA) and does not discriminate
on the basis of disability in admission to access to or operation of its programs services or
activities
At the time of contract execution a fully executed non-discrimination certification will also be
required
11 RFP Conditions
A All proposals in response to this RFP are to be the sole property of DEEP Proposers
are encouraged not to include in their proposals any information that is proprietary All
materials associated with this procurement process are subject to the terms of State
laws defining freedom of information and privacy and all rules regulations and
interpretations resulting from those laws
B Any product whether acceptable or unacceptable developed under a contract awarded
as a result of the RFP is to be the sole property of DEEP
Page 9 of 23
C Timing and sequence of events resulting from this RFP will ultimately be determined
by DEEP
D The Proposer agrees that the proposal will remain valid for a period of 180 days after
the deadline for submission and may be extended beyond that time by mutual
agreement
E DEEP may amend or cancel this RFP prior to the due date and time if DEEP deems it
to be necessary appropriate or otherwise in the best interests of DEEP Failure to
acknowledge receipt of amendments in accordance with the instructions contained in
the amendments may result in a proposal not being considered
F The Proposer must certify that the personnel identified in its response to this RFP will
be the persons actually assigned to the project Any additions deletions or changes in
personnel assigned to the project must be approved by DEEP or its designee with the
exception of personnel who have terminated employment Replacements for personnel
who have terminated employment are subject to approval by DEEP or its designee At
its discretion DEEP may require the removal and replacement of any of the Proposers
personnel who do not perform adequately on the project regardless of whether they
were previously approved by DEEP
G Any costs and expenses incurred by Proposers in preparing or submitting proposals are
the sole responsibility of the Proposer
H A Proposer must be prepared to present evidence of experience ability service
facilities and financial condition necessary to satisfactorily meet the requirements set
forth or implied in the proposal
I No additions or changes to the original proposal will be allowed after submission
While changes are not permitted clarification of proposals may be required by DEEP
at the Proposerrsquos sole cost and expense
J The Proposer represents and warrants that the proposal is not made in connection with
any other Proposer and is in all respects fair and without collusion or fraud The
Proposer further represents and warrants that the Proposer did not participate in any
part of the RFP development process had no knowledge of the specific contents of the
RFP prior to its issuance and that no agent representative or employee of DEEP
participated directly in the Proposerrsquos proposal preparation
K All responses to the RFP must conform to instruction Failure to include any required
signatures provide the required number of copies to meet deadlines answer all
questions follow the required format or failure to comply with any other requirements
of this RFP may be considered appropriate cause for rejection of the response
L The contract will represent the entire agreement between the Proposer and DEEP and
will supersede all prior negotiations representations or agreements alleged or made
between the parties DEEP or the State shall assume no liability for payment of services
under the terms of the contract until the successful Proposer is notified that the contract
has been accepted and approved by DEEP and by the AGrsquos Office The contract may
be amended only by means of a written instrument signed by DEEP the Proposer and
the AGrsquos Office
Page 10 of 23
M Contractor shall interact with the United States Coast Guard (USCG) as required to
maintain the designation of the facility as a Public Access Facility including but not
limited to any periodic revalidation process requested by the USCG
12 Rights Reserved to DEEP
The DEEP reserves the right to award in part to reject any and all proposals in whole or in part
for misrepresentation or if the Proposer is in default of any prior State contract or if the
proposal limits or modifies any of the terms and conditions andor specifications of the RFP
The DEEP also reserves the right to waive technical defect irregularities and omissions if in
its judgment the best interest of DEEP will be served
DEEP reserves the right to correct inaccurate awards resulting from its clerical errors This
may include in extreme circumstances revoking the awarding of a contract already made to a
Proposer and subsequently awarding the contract to another Proposer Such action on the part
of DEEP shall not constitute a breach of contract on the part of DEEP since the contract with
the initial Proposer is deemed to be void from the beginning and of no effect as if no contract
ever existed between DEEP and the Proposer
13 Agencyrsquos Standard Contract and Conditions
The Proposer must accept DEEPrsquos standard contract language and conditions See Attachment
for Standard Contract Conditions
14 Park Descriptions
A Location
The Eagle Landing State Park property is located at 19 Bridge Road in Haddam
Connecticut and borders the western riverbank of the Connecticut River
B Access
Eagle Landing State Park can be accessed from the West following Route 9 to Exit 7(Rt
82 E) or from the East following Route 82 over the swing bridge
C Property Existing Conditions
The Eagle Landing property is approximately 16 acres and includes four (4) docks three
parking areas an access road a small outbuilding with a power supply and two butler-
style buildings in the northeastern corner of the property Approximately 20 acres on the
eastern portion of the site is flat and lies within the floodplain of the river It was
previously used as a parking area by the previous owner The parking lots are divided
into several distinct lots and are delineated by guardrails The lots can be gated off when
not in use During the spring thaw the property has had a history of being flooded in
areas for multiple days
The park has 1100 feet+ of frontage along the Connecticut River The Connecticut River
is navigable from Long Island Sound northward to Hartford Much of the Connecticut
River view shed is lined with trees and low-lying vegetation giving the river a
ldquowildernessrdquo feel The Connecticut River is the most popular recreational waterway in
Connecticut supporting thousands of cruising vessels and recreational boats and numerous
marinas It is also a very active commercial waterway with hundreds of barges traveling
Page 11 of 23
on the river supplying the fuel docks and tank farms with oil for the cities and towns in
the CT River Valley
The western portion of the property slopes upward to meet a rail line owned by the State
of Connecticut Department of Energy amp Environmental Protection and maintained and
operated by the Valley Railroad Company The Valley Railroad Company operates the
Essex Steam Train
The concession area is delineated by a yellow dashed line as shown on the attached
concession area map Beginning at the northern portion of the concession area the
following structuresinfrastructure are included in the concession contract One butler-
style building (westernmost butlerndashstyle building) Parking Lot 1 Docks1 and 2 use
of the access road use of small former ticket booth building with available power in the
successful proposerrsquos name and Dock 3
The area located to the south of the concession area is approximately 7+ acres but only 4
acres are developed The undeveloped parcel is proposed to become a public boat ramp
facility and is currently being analyzed for resource and engineering issues Included in
this parcel is Dock 4 and Parking Lots 2 and 3 While this property located to the
south of the concession area will not be part of the bid or agreement for Boat
DockingEducational purposes it will be offered to the successful proposer for use as a
docking facility under a short-term Special Use License This license will expire as soon
as construction on the boat ramp commences
It should be noted that the access road to the Eagle Landing property must be kept open
for access by the private residential properties to the south of Eagle Landing
D Existing Condition of Dock
A few minor repairs would help improve the condition of Docks 1 2 and 3 but all are
functioning and usable in their present condition Dock 4 which is not included in the
concession contract has sustained significant damage is not currently usable and is
considered a safety hazard The Concessionaire or Special Use License Holder would be
responsible to certify that the docks can safely secure the size vessel(s) to be used
throughout the duration of this concession The depth of the water on the river side of
the dock varies from 16 feet to 19 feet There is submerged aquatic vegetation between
the docks and the riverbank that may contain species of concern
Before the commencement of any dock maintenance activity to the 4 docks described
above DEEPrsquos Natural Diversity Data Base (NDDB shall be consulted and DEEPrsquos
Land amp Water Resources Division (LWRD) shall be contacted to determine if a permit is
required for such work
E Adjacent Uses
Northward The northern boundary of Eagle Landing State Park is a private home and
CT State Route 82 There is a fence between the State park and the private property The
Page 12 of 23
East Haddam Swing Bridge spans the Connecticut River just north of Dock 1 (See
Attachment D) Andrews Marina is situated on the north side of Route 82
Southward The southern boundary of Eagle Landing State Park is bounded by a
development of private cottages There is an unpaved road which provides residents of
these cottages access to their homes Vehicles utilizing the Boat Concession or the Boat
Ramp may not park along the shoulders of the road or block it in any way
F ZoningSurrounding Land Use
The Town of Haddam zoned this property as ldquoCommercialrdquo and also ldquoState Park amp
Forestrdquo Commercial Boating activities are permitted in the Commercial Zone Eagle
Landing State Park is bounded on both the north and south by a ldquoLow density
RuralResidential Zonerdquo The town recommends a vegetative buffer between Commercial
uses and Residential areas Overlying the entire parcel is the Federal Emergency
Management Administration (FEMA) 100-year Flood Plain zone FEMA requirements
must be applied to any new development so as not to exacerbate flooding events
G Connecticut River Gateway Commission
Eagle Landing lies within the CT River Gateway Conservation Zone
In 1973 the Connecticut General Assembly passed legislation allowing the establishment
of the Connecticut River Gateway Commission a state-local compact for the protection
of the Lower Connecticut River Valley Then and now this valley is widely recognized
as one of the most important natural recreational and scenic areas of the State of
Connecticut One year later in July 1974 the Commission became operational with the
Connecticut Department of Environmental Protection two regional planning agencies and
all eight eligible towns participating
The Gateway Conservation Zone which is the geographic focus of the Commissions
activities is approximately thirty miles in length and includes those portions of the eight
member towns (Chester Deep River East Haddam Essex Haddam Lyme Old Lyme
Old Saybrook) lying within view of the river In recent years it has become an area of
interest for a number of other environmental organizations as well The Nature
Conservancy has designated the Connecticut River Tidelands as one of its Last Great
Places the Connecticut Department of Energy amp Environmental Protection has obtained
the recognition of the rivers tidelands as internationally significant wetlands under the
terms of the International Ramsar Convention the Secretary of the US Department of
Interior has publicly recognized the lower Connecticut River valley as one of the most
important ecological landscapes in the United States and in 1999 the River was
designated as one of 14 American Heritage Rivers by the President of the United States
The mission of this Commission given to it by the Connecticut General Assembly nearly
two decades ago is to preserve the unique scenic ecological scientific and historic
values of the lower Connecticut River valley for the enjoyment of present and future
generations of Connecticut citizens
Page 13 of 23
Development beyond what has previously been permitted must be reviewed by the
Gateway Commission to ensure that it meets the mission and goals of the Gateway
Commission
H Limitations on the Site
A Hours of Operation Hours of Operation of the Concession shall be limited to Sunrise
until 200AM (0200 Hrs)
B Overnight Parking All vehicles must vacate the property by 200 AM (0200Hrs)
C Alcohol Service will be limited to the vessel No alcohol service shall be allowed on
the docks or in other locations on the property
D Amplified sound (bands DJ etc) with the exception of safety instructions shall
not commence until vessels have departed from the dock and must cease prior to final
docking
E Concession shall not sublet any part of the property unless approved by the
Department of Energy amp Environmental Protection
F No new structures shall be erected and no maintenance shall be done to the existing
docks unless approved in writing by the Commissioner or Designee of the
Department of Energy amp Environmental Protection and all applicable permits have
been obtained
Page 14 of 23
Maps of Site
Page 15 of 23
Page 16 of 23
LETTER OF INTENT TO SUBMIT A PROPOSAL
State of Connecticut
Department of Energy amp Environmental Protection
RFP for Eagle Landing State Park
Return to Tenia Seay
Department of Energy amp Environmental Protection
Bureau of Outdoor Recreation
79 Elm Street
Hartford CT 06106-5127
860-424-3064 (Phone)
860-424-4070 (FAX)
Return Deadline 400 pm July 20 2020
The individual firm or corporation below intends to submit a proposal in response to the above referenced RFP
Note This letter is a non-binding expression of interest and does not obligate the sender to submit a proposal
The individual firm or corporation below has reviewed and if selected accepts the agencyrsquos standard contract and
conditions (provided in the RFP) in their entirety and without amendment
Name
Mailing Address
Contact Person
Telephone
FAX
Signature
Title Date
Page 17 of 23
STATE OF CONNECTICUT
DEPARTMENT OF ENERGY AND ENVIRONMENTAL PROTECTION
BUREAU OF OUTDOOR RECREATION AND
CONNECTICUT STATE PARK AND FOREST RECREATION AREA
MOBILE FOOD AND BEVERAGE CONCESSION
THIS CONTRACT is made by and between the STATE OF CONNECTICUT acting herein by
the Commissioner of the Department of Energy and Environmental Protection hereinafter referred
to as Commissionerrdquo or DEEP or ldquoStaterdquo and [Insert Concessionaire] of the Town of
Waterbury and the state of Connecticut hereinafter referred to as the Concessionaire or
ldquoContractorrdquo
WITNESSETH
WHEREAS the Commissioner of Energy and Environmental Protection pursuant to Conn Gen
Stat 23-26 has the authority to enter into contractual relations with persons for the maintenance
of concessions and other sources of revenue to be derived from services to the general public using
state parks and
WHEREAS the Concessionaire desires to operate a Mobile Food and Beverage Concession
Service and render services to the public at
[Insert Name of Location]
NOW THEREFORE it is hereby agreed as follows
1 Mobile Food and Beverage Concession Service The Concessionaire agrees to operate a
Mobile Food and Beverage Concession Service at the above noted facility The Concessionaire
is responsible for all work included in this Contract Details regarding the Scope of Work are
included in Attachment A which is attached hereto and is hereby made a part of this contract
2 Duration The Commissioner hereby grants to the Concessionaire the exclusive right to
operate the above Mobile Food and Beverage Concession Service at the location identified for
the period commencing upon contract execution through [insert expiration date] At the
Commissionerrsquos sole discretion this contract may be renewed for up to [Insert number] years
without further competition
3 Payment In consideration of said rights and privileges the Concessionaire agrees to pay a
total of [insert amount] to the State of Connecticut due by [insert date] Payments shall be
made by check draft or money order payable to Treasurer State of Connecticut and
delivered or mailed to the Department of Energy and Environmental Protection Accounts
Receivable 79 Elm Street Hartford Connecticut 06106-5127
4 Nondisclosure Contactor shall not release any information concerning the services provided
pursuant to the Contract or any part thereof to any member of the public press business entity
or any official body unless prior written consent is obtained from the State
Page 18 of 23
STANDARD TERMS AND CONDITIONS (Rev 8302019)
1 Definitions
(a) State The State of Connecticut including the Department of Energy and Environmental Protection and
any office department board council commission institution or other agency of the State
(b) Commissioner The Commissioner of Energy and Environmental Protection or the Commissionerrsquos
designated agent
(c) Parties The Department of Energy and Environmental Protection (DEEP or Agency) and the Contractor
(d) Contractor Parties Contractor Parties shall be defined as a Contractorrsquos members directors officers
shareholders partners managers principal officers representatives agents servants consultants employees
or any one of them or any other person or entity with whom the Contractor is in privity of oral or written
contract and the Contractor intends for such other person or entity to Perform under the Contract in any
capacity To the extent that any Contractor Party is to participate or Perform in any way directly or indirectly
in connection with the Contract any reference in the Contract to the ldquoContractorrdquo shall also be deemed to
include ldquoContractor Partiesrdquo as if such reference had originally specifically included ldquoContractor Partiesrdquo
since it is the Partiesrsquo intent for the terms ldquoContractor Partiesrdquo to be vested with the same respective rights
and obligations as the terms ldquoContractorrdquo
(e) Contract This agreement as of its Effective Date between the Contractor and the State for any or all
goods or services as more particularly described in Appendix A
(f) Execution This contract shall be fully executed when it has been signed by authorized representatives
of the parties and if it is for an amount of Twenty-five thousand dollars ($2500000) or more by the
authorized representative of the state Attorney Generals office
(g) Exhibits All attachments appendices or exhibits referred to in and attached to this Contract are
incorporated in this Contract by such reference and shall be deemed to be a part of it as if they had been fully
set forth in it
(h) Records For the purposes of this Contract records are defined as all working papers and such other
information and materials as may have been accumulated by the Contractor in performing the Contract
including but not limited to documents data plans books computations drawings specifications notes
reports records estimates summaries and correspondence kept or stored in any form
(i) Confidential Information Confidential Information shall mean any name number or other information
that may be used alone or in conjunction with any other information to identify a specific individual
including but not limited to such individuals name date of birth mothers maiden name motor vehicle
operators license number Social Security number employee identification number employer or taxpayer
identification number alien registration number government passport number health insurance
identification number demand deposit account number savings account number credit card number debit
card number or unique biometric data such as fingerprint voice print retina or iris image or other unique
physical representation Without limiting the foregoing Confidential Information shall also include any
information that the Department classifies as ldquoconfidentialrdquo or ldquorestrictedrdquo Confidential Information shall
not include information that may be lawfully obtained from publicly available sources or from federal state
or local government records which are lawfully made available to the general public
(j) Confidential Information Breach Confidential Information Breach shall mean generally an instance
where an unauthorized person or entity accesses Confidential Information in any manner including but not
limited to the following occurrences (1) any Confidential Information that is not encrypted or protected is
misplaced lost stolen or in any way compromised (2) one or more third parties have had access to or taken
control or possession of any Confidential Information that is not encrypted or protected without prior written
authorization from the State (3) the unauthorized acquisition of encrypted or protected Confidential
Information together with the confidential process or key that is capable of compromising the integrity of the
Confidential Information or (4) if there is a substantial risk of identity theft or fraud to the client the
Contractor the Department or State
Page 19 of 23
(k) Claim Claim shall mean all actions suits claims demands investigations and proceedings of any kind
open pending or threatened whether mature unmatured contingent known or unknown at law or in equity
in any forum
2 Forum and Choice of Law The parties deem the Contract to have been made in the City of Hartford State of
Connecticut Both parties agree that it is fair and reasonable for the validity and construction of the Contract
to be and it shall be governed by the laws and court decisions of the State of Connecticut without giving effect
to its principles of conflicts of laws To the extent that any immunities provided by Federal law or the laws of
the State of Connecticut do not bar an action against the State and to the extent that these courts are courts of
competent jurisdiction for the purpose of venue the complaint shall be made returnable to the Judicial District
of Hartford only or shall be brought in the United States District Court for the District of Connecticut only and
shall not be transferred to any other court provided however that nothing here constitutes a waiver or
compromise of the sovereign immunity of the State of Connecticut The Contractor waives any objection which
it may now have or will have to the laying of venue of any Claims in any forum and further irrevocably submits
to such jurisdiction in any suit action or proceeding
3 Termination
(a) Notwithstanding any provisions in this Contract the Agency through a duly authorized employee may
Terminate the Contract whenever the Agency makes a written determination that such Termination is in
the best interests of the State The Agency shall notify the Contractor in writing of Termination pursuant
to this section which notice shall specify the effective date of Termination and the extent to which the
Contractor must complete its Performance under the Contract prior to such date
(b) Notwithstanding any provisions in this Contract the Agency through a duly authorized employee may
after making a written determination that the Contractor has breached the Contract Terminate the
Contract in accordance with the provisions in the Breach section of this Contract
(c) The Agency shall send the notice of Termination via certified mail return receipt requested to the
Contractor at the most current address which the Contractor has furnished to the Agency for purposes of
correspondence or by hand delivery Upon receiving the notice from the Agency the Contractor shall
immediately discontinue all services affected in accordance with the notice undertake all commercially
reasonable efforts to mitigate any losses or damages and deliver to the Agency all Records The Records
are deemed to be the property of the Agency and the Contractor shall deliver them to the Agency no later
than thirty (30) days after the Termination of the Contract or fifteen (15) days after the Contractor
receives a written request from the Agency for the Records The Contractor shall deliver those Records
that exist in electronic magnetic or other intangible form in a non-proprietary format such as but not
limited to ASCII or TXT
(d) Upon receipt of a written notice of Termination from the Agency the Contractor shall cease operations
as the Agency directs in the notice and take all actions that are necessary or appropriate or that the
Agency may reasonably direct for the protection and preservation of the Goods and any other property
Except for any work which the Agency directs the Contractor to Perform in the notice prior to the
effective date of Termination and except as otherwise provided in the notice the Contractor shall
terminate or conclude all existing subcontracts and purchase orders and shall not enter into any further
subcontracts purchase orders or commitments
(e) The Agency shall within forty-five (45) days of the effective date of Termination reimburse the
Contractor for its Performance rendered and accepted by the Agency in addition to all actual and
reasonable costs incurred after Termination in completing those portions of the Performance which the
notice required the Contractor to complete However the Contractor is not entitled to receive and the
Agency is not obligated to tender to the Contractor any payments for anticipated or lost profits Upon
request by the Agency the Contractor shall assign to the Agency or any replacement contractor which
the Agency designates all subcontracts purchase orders and other commitments deliver to the Agency
all Records and other information pertaining to its Performance and remove from State premises
whether leased or owned all of Contractorrsquos property equipment waste material and rubbish related to
its Performance all as the Agency may request
(f) For breach or violation of any of the provisions in the section concerning Representations and
Warranties the Agency may Terminate the Contract in accordance with its terms and revoke any
consents to assignments given as if the assignments had never been requested or consented to without
liability to the Contractor or Contractor Parties or any third party
(g) Upon Termination of the Contract all rights and obligations shall be null and void so that no party shall
Page 20 of 23
have any further rights or obligations to any other party except with respect to the sections which survive
Termination All representations warranties agreements and rights of the parties under the Contract
shall survive such Termination to the extent not otherwise limited in the Contract and without each one
of them having to be specifically mentioned in the Contract
(h) Termination of the Contract pursuant to this section shall not be deemed to be a breach of contract by
the Agency
4 Indemnification
(a) The Contractor shall indemnify defend and hold harmless the State and its officers representatives
agents servants employees successors and assigns from and against any and all (1) Claims arising
directly or indirectly in connection with the Contract including the acts of commission or omission
(collectively the Acts) of the Contractor or Contractor Parties and (2) liabilities damages losses
costs and expenses including but not limited to attorneys and other professionals fees arising directly
or indirectly in connection with Claims Acts or the Contract The Contractor shall use counsel
reasonably acceptable to the State in carrying out its obligations under this section The Contractorrsquos
obligations under this section to indemnify defend and hold harmless against Claims includes Claims
concerning confidentiality of any part of or all of the Contractorrsquos bid proposal or any Records any
intellectual property rights other proprietary rights of any person or entity copyrighted or uncopyrighted
compositions secret processes patented or unpatented inventions articles or appliances furnished or
used in the Performance
(b) The Contractor shall not be responsible for indemnifying or holding the State harmless from any liability
arising due to the negligence of the State or any other person or entity acting under the direct control or
supervision of the State
(c) The Contractor shall reimburse the State for any and all damages to the real or personal property of the
State caused by the Acts of the Contractor or any Contractor Parties The State shall give the Contractor
reasonable notice of any such Claims
(d) The Contractorrsquos duties under this section shall remain fully in effect and binding in accordance with the
terms and conditions of the Contract without being lessened or compromised in any way even where
the Contractor is alleged or is found to have merely contributed in part to the Acts giving rise to the
Claims andor where the State is alleged or is found to have contributed to the Acts giving rise to the
Claims
(e) The Contractor shall carry and maintain at all times during the term of the Contract and during the time
that any provisions survive the term of the Contract sufficient general liability insurance to satisfy its
obligations under this Contract The Contractor shall cause the State to be named as an additional insured
on the policy and shall provide (1) a certificate of insurance (2) the declaration page and (3) the
additional insured endorsement to the policy to the State and the Client Agency all in an electronic format
acceptable to the State prior to the Effective Date of the Contract evidencing that the State is an additional
insured The Contractor shall not begin Performance until the delivery of these three documents to the
Client Agency Contractor shall provide an annual electronic update of the three documents to the Client
Agency and the State on or before each anniversary of the Effective Date during the Contract term State
shall be entitled to recover under the insurance policy even if a body of competent jurisdiction determines
that State is contributorily negligent
(f) This section shall survive the Termination of the Contract and shall not be limited by reason of any
insurance coverage
5 Sovereign Immunity The parties acknowledge and agree that nothing in the Solicitation or the Contract shall
be construed as a modification compromise or waiver by the State of any rights or defenses of any immunities
provided by Federal law or the laws of the State of Connecticut to the State or any of its officers and employees
which they may have had now have or will have with respect to all matters arising out of the Contract To the
extent that this section conflicts with any other section this section shall govern
6 Protection of Confidential Information Contractor and Contractor Parties at their own expense have a duty to
and shall protect from a Confidential Information Breach any and all Confidential Information which they come
to possess or control wherever and however stored or maintained in a commercially reasonable manner in
accordance with current industry standards
(b) Each Contractor or Contractor Party shall develop implement and maintain a comprehensive data -
security program for the protection of Confidential Information The safeguards contained in such
Page 21 of 23
program shall be consistent with and comply with the safeguards for protection of Confidential
Information and information of a similar character as set forth in all applicable federal and state law
and written policy of the Agency or State concerning the confidentiality of Confidential Information
Such data-security program shall include but not be limited to the following
(1) A security policy for employees related to the storage access and transportation of data containing
Confidential Information
(2) Reasonable restrictions on access to records containing Confidential Information including access
to any locked storage where such records are kept
(3) A process for reviewing policies and security measures at least annually
(4) Creating secure access controls to Confidential Information including but not limited to passwords
and
(5) Encrypting of Confidential Information that is stored on laptops portable devices or being
transmitted electronically
(c) The Contractor and Contractor Parties shall notify the Agency and the Connecticut Office of the Attorney
General as soon as practical but no later than twenty-four (24) hours after they become aware of or
suspect that any Confidential Information which Contractor or Contractor Parties have come to possess
or control has been subject to a Confidential Information Breach If a Confidential Information Breach
has occurred the Contractor shall within three (3) business days after the notification present a credit
monitoring and protection plan to the Commissioner of Administrative Services the Agency and the
Connecticut Office of the Attorney General for review and approval Such credit monitoring or
protection plan shall be made available by the Contractor at its own cost and expense to all individuals
affected by the Confidential Information Breach Such credit monitoring or protection plan shall include
but is not limited to reimbursement for the cost of placing and lifting one (1) security freeze per credit
file pursuant to Connecticut General Statutes sect 36a-701a Such credit monitoring or protection plans
shall be approved by the State in accordance with this Section and shall cover a length of time
commensurate with the circumstances of the Confidential Information Breach The Contractorsrsquo costs
and expenses for the credit monitoring and protection plan shall not be recoverable from the Agency
any State of Connecticut entity or any affected individuals
(d) The Contractor shall incorporate the requirements of this Section in all subcontracts requiring each
Contractor Party to safeguard Confidential Information in the same manner as provided for in this
Section
(e) Nothing in this Section shall supersede in any manner Contractorrsquos or Contractor Partyrsquos obligations
pursuant to HIPAA or the provisions of this Contract concerning the obligations of the Contractor as a
Business Associate of Covered Entity
7 Executive Orders This Contract is subject to the provisions of Executive Order No Three of Governor Thomas
J Meskill promulgated June 16 1971 concerning labor employment practices Executive Order No Seventeen
of Governor Thomas J Meskill promulgated February 15 1973 concerning the listing of employment
openings and Executive Order No Sixteen of Governor John G Rowland promulgated August 4 1999
concerning violence in the workplace all of which are incorporated into and are made a part of the Contract as
if they had been fully set forth in it The Contract may also be subject to Executive Order No 14 of Governor
M Jodi Rell promulgated April 17 2006 concerning procurement of cleaning products and services and to
Executive Order No 49 of Governor Dannel P Malloy promulgated May 22 2015 mandating disclosure of
certain gifts to public employees and contributions to certain candidates for office If Executive Order 14 andor
Executive Order 49 are applicable they are deemed to be incorporated into and are made a part of the Contract
as if they had been fully set forth in it At the Contractorrsquos request the Client Agency or DAS shall provide a
copy of these orders to the Contractor
8 State Liability The State of Connecticut shall assume no liability for payment for services under the terms of
this agreement until the contractor is notified that this agreement has been accepted by the contracting agency
and if applicable approved by the Office of Policy and Management (OPM) or the Department of
Administrative Services (DAS) and by the Attorney General of the State of Connecticut
9 Distribution of Materials The Contractor shall obtain written approval from the Commissioner prior to the
distribution or publication of any materials prepared under the terms of this Contract Such approval shall not
be unreasonably withheld
10 Change in Principal Project Staff Any changes in the principal project staff must be requested in writing and
approved in writing by the Commissioner at the Commissionerrsquos sole discretion In the event of any
Page 22 of 23
unapproved change in principal project staff the Commissioner may in the Commissionerrsquos sole discretion
terminate this Contract
11 Further Assurances The Parties shall provide such information execute and deliver any instruments and
documents and take such other actions as may be necessary or reasonably requested by the other Party which
are not inconsistent with the provisions of this Contract and which do not involve the vesting of rights or
assumption of obligations other than those provided for in the Contract in order to give full effect to the
Contract and to carry out the intent of the Contract
12 Third Party Participation The Contractor may make sub-awards using either its own competitive selection
process or the values established in the statersquos competitive selection process as outlined in DAS General Letter
71 whichever is more restrictive to conduct any of the tasks in the Scope of Work contained in Appendix A
The Contractor shall advise the Commissioner of the proposed sub-awardee and the amount allocated at least
two (2) weeks prior to the making of such awards The Commissioner reserves the right to disapprove such
awards if they appear to be inconsistent with the program activities to be conducted under this grant As
required by Sec 46a-68j-23 of the Connecticut Regulations of State Agencies the Contractor must make a good
faith effort based upon the availability of minority business enterprises in the labor market area to award a
reasonable proportion of all subcontracts to such enterprises When minority business enterprises are selected
the Contractor shall provide DEEP with a copy of the Affidavit for Certification of Subcontractors as Minority
Business Enterprises (MBE) along with a copy of the purchase order or contract engaging the Subcontractor
The Contractor shall be the sole point of contact concerning the management of the Contract including
performance and payment issues The Contractor is solely and completely responsible for adherence by any
subcontractor to all the applicable provisions of the Contract
13 Americans with Disabilities Act The Contractor shall be and remain in compliance with the Americans with
Disabilities Act of 1990 (ldquoActrdquo) to the extent applicable during the term of the Contract The DEEP may
cancel the Contract if the Contractor fails to comply with the Act
14 Affirmative Action and Sexual Harassment Policies The Contractor agrees to comply with the Departments
Affirmative Action and Sexual Harassment Policies available on DEEPrsquos web site Hard copies of the policy
statements are available upon request at DEEP
15 Breach If either Party breaches the Contract in any respect the non-breaching Party shall provide written
notice of the breach to the breaching Party and afford the breaching Party an opportunity to cure within ten (10)
days from the date that the breaching Party receives the notice In the case of a Contractor breach any other
time period which the Agency sets forth in the notice shall trump the ten (10) days The right to cure period
shall be extended if the non-breaching Party is satisfied that the breaching Party is making a good faith effort
to cure but the nature of the breach is such that it cannot be cured within the right to cure period The notice
may include an effective Contract Termination date if the breach is not cured by the stated date and unless
otherwise modified by the non-breaching Party in writing prior to the Termination date no further action shall
be required of any Party to effect the Termination as of the stated date If the notice does not set forth an
effective Contract Termination date then the non-breaching Party may Terminate the Contract by giving the
breaching Party no less than twenty four (24) hours prior written notice If the Agency believes that the
Contractor has not performed according to the Contract the Agency may withhold payment in whole or in part
pending resolution of the Performance issue provided that the Agency notifies the Contractor in writing prior
to the date that the payment would have been due
16 Severability If any term or provision of the Contract or its application to any person entity or circumstance
shall to any extent be held to be invalid or unenforceable the remainder of the Contract or the application of
such term or provision shall not be affected as to persons entities or circumstances other than those as to whom
or to which it is held to be invalid or unenforceable Each remaining term and provision of the Contract shall
be valid and enforced to the fullest extent possible by law
17 The Town Guarantee The Town shall furnish adequate protection from damage for all work and to repair any
damage of any kind for which he or his workmen are responsible to premises or any equipment to his own
work or to the work of the Agency pay for all permits licenses and fees and to give all notices and comply
with all laws ordinances rules and regulations of the city state and federal government
18 Force Majeure The Parties shall not be excused from their obligation to perform in accordance with the
Contract except in the case of Force Majeure events and as otherwise provided for in the Contract A Force
Majeure event materially affects the cost of the Goods or Services or the time schedule for performance and is
outside the control nor caused by the Parties In the case of any such exception the nonperforming Party shall
give immediate written notice to the other explaining the cause and probable duration of any such
Page 23 of 23
nonperformance
19 Entirety of Contract The Contract is the entire agreement between the Parties with respect to its subject matter
and supersedes all prior agreements proposals offers counteroffers and understandings of the Parties whether
written or oral The Contract has been entered into after full investigation neither Party relying upon any
statement or representation by the other unless such statement or representation is specifically embodied in the
Contract
20 Interpretation The Contract contains numerous references to statutes and regulations For purposes of
interpretation conflict resolution and otherwise the content of those statutes and regulations shall govern over
the content of the reference in the Contract to those statutes and regulations
A-1
Attachment A
Scope of Work
Mobile Food and Beverage Concession Services
1 Insurance The Concessionaire shall furnish evidence of insurance A Certificate of Insurance
covering each annual period of this contract shall reflect the following limits and shall be submitted
by the Concessionaire to the Department of Energy and Environmental Protection by April 1 of each
year this contract is in effect
a Commercial General Liability insurance providing a total limit of $1000000 for all damages
arising from bodily injury to or death of all persons in any accident or occurrence and for all
damages arising from the destruction of or damage to property in any one accident or occurrence
In cases where any insurance policy shows an aggregate limit the aggregate shall apply solely to
the concession operation or the aggregate limit shall be not less than $2000000
b The operation of all motor vehicles including those hired or borrowed used in connection with
this contract shall be covered by Automobile Liability insurance providing for a total limit of
$1000000 for all damages arising from bodily injuries to or death of all persons in any one
accident or occurrence and for all damages arising from the destruction of or damage to property
in any one accident or occurrence In cases where any insurance policy shows an aggregate limit
the aggregate shall apply solely to the concession operation or the aggregate limit shall be not less
than $2000000
c The Concessionaire shall carry Workerrsquos Compensation insurance in accordance with the
requirements of the laws of the State of Connecticut
d Said coveragersquos are to be provided by insurance companies licensed by the State of Connecticut
e Any deductibles or self-insured retentions must be declared and approved by the State
f The State of Connecticut shall be listed as an Additional Insured on all required coverage
2 Commodities and Price List
a The Concessionaire shall be allowed to sell food and beverages as approved in advance by the
Commissioner
b The Concessionaire shall be allowed to sell souvenirs and other outdoor recreation related
merchandise hereinafter referred to collectively as merchandise as approved in advance by the
Commissioner
c By April 1 of each year that this contract is in effect the Concessionaire shall submit for approval
a price list of all foods beverages and merchandise for sale hereinafter referred to collectively as
commodities to the Department of Energy and Environmental Protection Bureau of Outdoor
Recreation Division of State Parks and Public Outreach 79 Elm Street Hartford CT 06106-5127
d Any price increases or additions of commodities are subject to the prior written approval of the
Commissioner
e The Concessionaire shall post a price list of all commodities for sale in full public view while in
operation
f Whenever the park name is used on merchandise the complete park name shall be used
g The Concessionaire warrants that all commodities offered for sale shall not exceed in price nor be
substandard in quality or quantity to like commodities sold in the surrounding community
A-2
3 Sunscreen All concession operations in a park having a designated swimming area shall have
sunscreen with a Sun Protection Factor (SPF) of at least 15 for adults and 45 for children available for
sale to the general public
4 Use of Biodegradable Products To the extent practicable the Concessionaire agrees to use
recyclable and biodegradable products and packaging in all of its operations ie paper products or
products containing recycled contents The Concessionaire agrees to not dispense food or beverages
in close-celled foam-based containers
5 Prohibitions The Concessionaire shall not
a dispense food or beverages in glass containers
b dispense alcoholic beverages
c sell snorkels beach balls rafts or other inflatable or buoyant devices except US Coast Guard
approved personal flotation devices (PFDs)
d permit gratuities to employees of the State of Connecticut
e provide video or pinball games
6 Hours of Operation
a The Concessionaire may operate the Concession daily between 800 am and sunset on any day
that this contract is in effect
b From the Saturday before Memorial Day through July 4th the Concessionaire shall open the
concession on Saturdays Sundays and holidays not later than 1100 am except during inclement
weather and the concession shall remain open at least until three hours before but not later than
sunset
c From July 4th through Labor Day the Concessionaire shall open the concession daily not later than
1100 am except during inclement weather and the concession shall remain open at least until
three hours before but not later than sunset
d Deviations from the above stated schedules are allowable but must receive advanced approval in
writing from the Park and Recreation Supervisor
e When closing due to inclement weather the Concessionaire shall immediately notify the Park and
Recreation Supervisor The Concessionaire shall keep in the concession vehicle at all times a log
of all closures due to inclement weather and it shall be immediately available to the Park and
Recreation Supervisor upon request for inspection
f Within 30 days of closing the concession for the season but in no case later than December 31 of
each calendar year that this contract is in effect the Concessionaire shall submit an Annual
Inclement Weather Closure Report to the Park and Recreation Supervisor
7 Health Department Inspections The Concessionaire is responsible for scheduling inspections by
the appropriate local health department prior to April 15th of each year this contract is in effect The
Concessionaire is responsible for and shall directly pay for any fees charged for such inspections
8 Health Department Permit The Concessionaire will annually obtain a ldquopermit to sellrdquo from the local
health department and submit a copy of said permit to the DEEP Division of State Parks amp Public
Outreach not later than April 30th of each year this contract is in effect Other Permits The
Concessionaire shall be solely responsible for securing any other licenses permits approvals or
waivers required by any other federal state regional or municipal authority having jurisdiction in the
town(s) in which the Concession is located
9 State Property The Concessionaire shall install no fixed equipment nor make any physical changes
to state property without the prior written approval of DEEP Any improvements or permanent fixtures
approved by the DEEP and provided by the Concessionaire during the term of this contract shall
immediately become the property of the State of Connecticut
A-3
10 Public Health Code The Concessionaire agrees to conform to the Public Health Code of the State of
Connecticut concerning the storage handling and vending of food
11 Refuse Disposal The Concessionaire at its sole expense shall be responsible for the proper disposal
and removal of all recyclables and trash generated by operation of the concession For additional
information see the DEEP website for Managing Waste and Recycling at Special Events and Other
Venues the direct URL address for which is
httpwwwctgovdepcwpviewaspa=2714ampq=434054ampdepNav_GID=1645
12 General Maintenance The Concessionaire shall be responsible for maintaining the Concession area
in a clean sanitary and orderly manner
13 Exclusivity With the exception of vending machines and commodities having prior written approval
for DEEP sanctioned events including but not limited to events authorized by a Special Use License
the Concessionaire shall have the exclusive right to sell commodities within the property named
herein
14 Vending Machines The State of Connecticut Board of Education and Services for the Blind (BESB)
shall have exclusive rights to vending machines on the premises of the concessions and other
authorized areas within the park or forest for the purpose of vending foods and beverages and to collect
receipts there from provided that the number and locations of such vending machines shall receive
prior written approval from a representative of the DEEP
15 Rights of Park Visitors The Concessionaire agrees that nothing contained in the terms of this
contract shall prevent visitors from bringing food to the park and preparing such food for personal
consumption including dispensing such food at no charge to other park visitors Park visitors may
also utilize private catering services with advanced written approval of the Park and Recreation
Supervisor Said catering services may only be permitted with the condition that no financial
transactions occur on DEEP property
16 Concession Staffing The concession shall be staffed only by the Concessionaire or its employee(s)
or other agents identified herein unless otherwise authorized by the Commissioner in writing
17 Code of Conduct Due to the public service nature of the Concession the Concessionaire and all
employees of the Concessionaire shall conduct themselves in a courteous respectful and professional
manner with all members of the public
18 Appearance The Concessionaire and its employees shall be clean and neat in appearance Wearing
an item of uniform eg a shirt hat or badge identifying the name of the Concessionaire employee or
business is encouraged
19 Audible Devices The Concessionaire shall activate audible devices (loudspeakers music bells etc)
only in accordance with instructions provided by the Park and Recreation Supervisor Instructions are
subject to change immediately at the discretion of the Park and Recreation Supervisor
20 Concession Location Unless authorized by the Park and Recreation Supervisor to do otherwise the
Concessionaire agrees to
a identify all park-and-sit locations or drive-through routes on a park map
b confine all concession operations to the designated Concession areas
c confine all sales and advertising to the concession vehicle
d provide garbage and recycling receptacles for customer use
21 Food Inspection An authorized representative of the Commissioner may conduct an unannounced
in-season food inspection once per calendar year Upon request the Concessionaire shall provide a
A-4
range of food and beverage items proportionate to one meal to the Commissionerrsquos
representative for food-tasting purposes
22 Financial Reporting Within 30 days of closing the Concession for the season but in no case
later than December 31 of each calendar year that this contract is in effect the Concessionaire
shall submit a certified statement of annual gross receipts attested to by a Notary Public or a
Commissioner of the Superior Court to Department of Energy and Environmental Protection
Bureau of Outdoor Recreation Division of State Parks and Public Outreach 79 Elm Street
Hartford CT 06106-5127
23 Revenue DEEP shall have no responsibility for revenue loss directly or indirectly attributable
to DEEP management actions including but not limited to changes in park or campground
schedules or operations or in services provided to the visiting public DEEP shall have no
responsibility for revenue loss directly or indirectly attributable to uncontrollable phenomena
including but not limited to attendance loss weather conditions or other Acts of God
24 Compliance The Concessionaire agrees to comply with the regulations of the Department of
Energy and Environmental Protection regarding State Park and Forest Recreation Areas and
with any other department policy concerning the operation of concessions
The parties have hereunto set their hands
SIGNED AND DELIVERED below
STATE OF CONNECTICUT
Department of Energy and Environmental
Protection
CONCESSIONAIRE
BY BY
Date Date
Contract ______________
Acct Fund SID DeptId Prog Project Bud
Ref Amount
Funds available Date
Attorney General (Approved as to Form) Date
Page 7 of 23
G Confidential Information
Proposers are advised not to include in their proposals any proprietary information The
Connecticut Freedom of Information Act generally requires the disclosure of documents in
the possession of the State upon request of any citizen unless the content of the document
falls within certain categories of exemption
7 Communications Notice
All communications related to this RFP shall be with DEEPrsquos Official Agency Contact All
communications with the agency or any person representing this agency concerning this RFP
are strictly prohibited except as permitted by this RFP Any violation of this prohibition by
Proposers or their representatives may result in disqualification or other sanctions or both
8 Affidavits Concerning Gifts and Campaign Contributions
Proposers are advised that if selected an affidavit concerning gifts and campaign contributions
will be required to accompany any State contract with a value of $50000 or more in a calendar
or fiscal year The completed form is submitted by the contractor to the awarding State agency
at the time of contract execution The form is also used with a multi-year contract to update the
initial certification on an annual basis For the most current information and to view the
affidavit go to httpwwwctgovopmfinethics_forms
9 Iran Certification
Proposers are advised that no state agency or quasi-public agency shall enter into any large state
contract or amend or renew any such contract with any entity who (1) has failed to submit a
written certification indicating whether or not such entity has made a direct investment of
twenty million dollars or more in the energy sector of Iran on or after October 1 2013 as
described in Section 202 of the Comprehensive Iran Sanctions Accountability and Divestment
Act of 2010 or has increased or renewed such investment on or after said date or (2) has
submitted a written certification indicating that such entity has made such an investment on or
after October 1 2013 or has increased or renewed such an investment on or after said date
Each such certification shall be sworn as true to the best knowledge and belief of the entity
signing the certification subject to the penalties of false statement For the most current
information and to obtain various electronic formats of OPMrsquos Iran Certification Form 7 go to
httpwwwctgovopmfinethics_forms
Iran Certification Form 7 must be submitted for any large state contract as defined in section
4-250 of the Connecticut General Statutes Entities whose principal place of business is located
outside of the United States are required to complete the entire form including the certification
portion of the form United States subsidiaries of foreign corporations are exempt from having
to complete the certification portion of the form Those entities whose principal place of
business is located inside of the United States must also fill out the form but do not have to
complete the certification portion of the form
10 Contract Compliance Requirements
Provide evidence of the Proposerrsquos ability to meet the contract compliance requirements for one
or more of the following factors (1) success in implementing an affirmative action plan
Page 8 of 23
(2) success in developing an apprenticeship program complying with sectsect 46a-68-1 to 46a-68-
17 inclusive of the Regulations of Connecticut State Agencies (3) promise to develop and
implement a successful affirmative action plan (4) submission of Contract Compliance
Monitoring Report indicating that the composition of the Proposerrsquos workforce is at or near
parity in the relevant labor market area or (5) promise to set aside a portion of the contract for
legitimate minority business enterprises
Forms are available on the CHRO website The following table will assist in determining which
forms are required
Contract Amount Bidder Contract Compliance
Monitoring Report Required ndash
Affidavit for Certification of
Subcontractors as MBErsquos as applic
Affirmative Action
Plan Required
CHRO Requires
Pre Approval of
Affirmative Action
Plan
$0 - $4000 No No na
Non Public Works Contract
$400001 -
$24999999
Yes No na
$250000 or more Yes Yes No
Public Works Contract
$400001 - $50000 Yes No na
$5000001 - $500000 Yes Yes No
$50000001 or more Yes Yes Yes
The State of Connecticut is an Equal Opportunity and Affirmative Action employer and does
not discriminate in its hiring employment or business practices The State is committed to
complying with the Americans with Disabilities Act of 1990 (ADA) and does not discriminate
on the basis of disability in admission to access to or operation of its programs services or
activities
At the time of contract execution a fully executed non-discrimination certification will also be
required
11 RFP Conditions
A All proposals in response to this RFP are to be the sole property of DEEP Proposers
are encouraged not to include in their proposals any information that is proprietary All
materials associated with this procurement process are subject to the terms of State
laws defining freedom of information and privacy and all rules regulations and
interpretations resulting from those laws
B Any product whether acceptable or unacceptable developed under a contract awarded
as a result of the RFP is to be the sole property of DEEP
Page 9 of 23
C Timing and sequence of events resulting from this RFP will ultimately be determined
by DEEP
D The Proposer agrees that the proposal will remain valid for a period of 180 days after
the deadline for submission and may be extended beyond that time by mutual
agreement
E DEEP may amend or cancel this RFP prior to the due date and time if DEEP deems it
to be necessary appropriate or otherwise in the best interests of DEEP Failure to
acknowledge receipt of amendments in accordance with the instructions contained in
the amendments may result in a proposal not being considered
F The Proposer must certify that the personnel identified in its response to this RFP will
be the persons actually assigned to the project Any additions deletions or changes in
personnel assigned to the project must be approved by DEEP or its designee with the
exception of personnel who have terminated employment Replacements for personnel
who have terminated employment are subject to approval by DEEP or its designee At
its discretion DEEP may require the removal and replacement of any of the Proposers
personnel who do not perform adequately on the project regardless of whether they
were previously approved by DEEP
G Any costs and expenses incurred by Proposers in preparing or submitting proposals are
the sole responsibility of the Proposer
H A Proposer must be prepared to present evidence of experience ability service
facilities and financial condition necessary to satisfactorily meet the requirements set
forth or implied in the proposal
I No additions or changes to the original proposal will be allowed after submission
While changes are not permitted clarification of proposals may be required by DEEP
at the Proposerrsquos sole cost and expense
J The Proposer represents and warrants that the proposal is not made in connection with
any other Proposer and is in all respects fair and without collusion or fraud The
Proposer further represents and warrants that the Proposer did not participate in any
part of the RFP development process had no knowledge of the specific contents of the
RFP prior to its issuance and that no agent representative or employee of DEEP
participated directly in the Proposerrsquos proposal preparation
K All responses to the RFP must conform to instruction Failure to include any required
signatures provide the required number of copies to meet deadlines answer all
questions follow the required format or failure to comply with any other requirements
of this RFP may be considered appropriate cause for rejection of the response
L The contract will represent the entire agreement between the Proposer and DEEP and
will supersede all prior negotiations representations or agreements alleged or made
between the parties DEEP or the State shall assume no liability for payment of services
under the terms of the contract until the successful Proposer is notified that the contract
has been accepted and approved by DEEP and by the AGrsquos Office The contract may
be amended only by means of a written instrument signed by DEEP the Proposer and
the AGrsquos Office
Page 10 of 23
M Contractor shall interact with the United States Coast Guard (USCG) as required to
maintain the designation of the facility as a Public Access Facility including but not
limited to any periodic revalidation process requested by the USCG
12 Rights Reserved to DEEP
The DEEP reserves the right to award in part to reject any and all proposals in whole or in part
for misrepresentation or if the Proposer is in default of any prior State contract or if the
proposal limits or modifies any of the terms and conditions andor specifications of the RFP
The DEEP also reserves the right to waive technical defect irregularities and omissions if in
its judgment the best interest of DEEP will be served
DEEP reserves the right to correct inaccurate awards resulting from its clerical errors This
may include in extreme circumstances revoking the awarding of a contract already made to a
Proposer and subsequently awarding the contract to another Proposer Such action on the part
of DEEP shall not constitute a breach of contract on the part of DEEP since the contract with
the initial Proposer is deemed to be void from the beginning and of no effect as if no contract
ever existed between DEEP and the Proposer
13 Agencyrsquos Standard Contract and Conditions
The Proposer must accept DEEPrsquos standard contract language and conditions See Attachment
for Standard Contract Conditions
14 Park Descriptions
A Location
The Eagle Landing State Park property is located at 19 Bridge Road in Haddam
Connecticut and borders the western riverbank of the Connecticut River
B Access
Eagle Landing State Park can be accessed from the West following Route 9 to Exit 7(Rt
82 E) or from the East following Route 82 over the swing bridge
C Property Existing Conditions
The Eagle Landing property is approximately 16 acres and includes four (4) docks three
parking areas an access road a small outbuilding with a power supply and two butler-
style buildings in the northeastern corner of the property Approximately 20 acres on the
eastern portion of the site is flat and lies within the floodplain of the river It was
previously used as a parking area by the previous owner The parking lots are divided
into several distinct lots and are delineated by guardrails The lots can be gated off when
not in use During the spring thaw the property has had a history of being flooded in
areas for multiple days
The park has 1100 feet+ of frontage along the Connecticut River The Connecticut River
is navigable from Long Island Sound northward to Hartford Much of the Connecticut
River view shed is lined with trees and low-lying vegetation giving the river a
ldquowildernessrdquo feel The Connecticut River is the most popular recreational waterway in
Connecticut supporting thousands of cruising vessels and recreational boats and numerous
marinas It is also a very active commercial waterway with hundreds of barges traveling
Page 11 of 23
on the river supplying the fuel docks and tank farms with oil for the cities and towns in
the CT River Valley
The western portion of the property slopes upward to meet a rail line owned by the State
of Connecticut Department of Energy amp Environmental Protection and maintained and
operated by the Valley Railroad Company The Valley Railroad Company operates the
Essex Steam Train
The concession area is delineated by a yellow dashed line as shown on the attached
concession area map Beginning at the northern portion of the concession area the
following structuresinfrastructure are included in the concession contract One butler-
style building (westernmost butlerndashstyle building) Parking Lot 1 Docks1 and 2 use
of the access road use of small former ticket booth building with available power in the
successful proposerrsquos name and Dock 3
The area located to the south of the concession area is approximately 7+ acres but only 4
acres are developed The undeveloped parcel is proposed to become a public boat ramp
facility and is currently being analyzed for resource and engineering issues Included in
this parcel is Dock 4 and Parking Lots 2 and 3 While this property located to the
south of the concession area will not be part of the bid or agreement for Boat
DockingEducational purposes it will be offered to the successful proposer for use as a
docking facility under a short-term Special Use License This license will expire as soon
as construction on the boat ramp commences
It should be noted that the access road to the Eagle Landing property must be kept open
for access by the private residential properties to the south of Eagle Landing
D Existing Condition of Dock
A few minor repairs would help improve the condition of Docks 1 2 and 3 but all are
functioning and usable in their present condition Dock 4 which is not included in the
concession contract has sustained significant damage is not currently usable and is
considered a safety hazard The Concessionaire or Special Use License Holder would be
responsible to certify that the docks can safely secure the size vessel(s) to be used
throughout the duration of this concession The depth of the water on the river side of
the dock varies from 16 feet to 19 feet There is submerged aquatic vegetation between
the docks and the riverbank that may contain species of concern
Before the commencement of any dock maintenance activity to the 4 docks described
above DEEPrsquos Natural Diversity Data Base (NDDB shall be consulted and DEEPrsquos
Land amp Water Resources Division (LWRD) shall be contacted to determine if a permit is
required for such work
E Adjacent Uses
Northward The northern boundary of Eagle Landing State Park is a private home and
CT State Route 82 There is a fence between the State park and the private property The
Page 12 of 23
East Haddam Swing Bridge spans the Connecticut River just north of Dock 1 (See
Attachment D) Andrews Marina is situated on the north side of Route 82
Southward The southern boundary of Eagle Landing State Park is bounded by a
development of private cottages There is an unpaved road which provides residents of
these cottages access to their homes Vehicles utilizing the Boat Concession or the Boat
Ramp may not park along the shoulders of the road or block it in any way
F ZoningSurrounding Land Use
The Town of Haddam zoned this property as ldquoCommercialrdquo and also ldquoState Park amp
Forestrdquo Commercial Boating activities are permitted in the Commercial Zone Eagle
Landing State Park is bounded on both the north and south by a ldquoLow density
RuralResidential Zonerdquo The town recommends a vegetative buffer between Commercial
uses and Residential areas Overlying the entire parcel is the Federal Emergency
Management Administration (FEMA) 100-year Flood Plain zone FEMA requirements
must be applied to any new development so as not to exacerbate flooding events
G Connecticut River Gateway Commission
Eagle Landing lies within the CT River Gateway Conservation Zone
In 1973 the Connecticut General Assembly passed legislation allowing the establishment
of the Connecticut River Gateway Commission a state-local compact for the protection
of the Lower Connecticut River Valley Then and now this valley is widely recognized
as one of the most important natural recreational and scenic areas of the State of
Connecticut One year later in July 1974 the Commission became operational with the
Connecticut Department of Environmental Protection two regional planning agencies and
all eight eligible towns participating
The Gateway Conservation Zone which is the geographic focus of the Commissions
activities is approximately thirty miles in length and includes those portions of the eight
member towns (Chester Deep River East Haddam Essex Haddam Lyme Old Lyme
Old Saybrook) lying within view of the river In recent years it has become an area of
interest for a number of other environmental organizations as well The Nature
Conservancy has designated the Connecticut River Tidelands as one of its Last Great
Places the Connecticut Department of Energy amp Environmental Protection has obtained
the recognition of the rivers tidelands as internationally significant wetlands under the
terms of the International Ramsar Convention the Secretary of the US Department of
Interior has publicly recognized the lower Connecticut River valley as one of the most
important ecological landscapes in the United States and in 1999 the River was
designated as one of 14 American Heritage Rivers by the President of the United States
The mission of this Commission given to it by the Connecticut General Assembly nearly
two decades ago is to preserve the unique scenic ecological scientific and historic
values of the lower Connecticut River valley for the enjoyment of present and future
generations of Connecticut citizens
Page 13 of 23
Development beyond what has previously been permitted must be reviewed by the
Gateway Commission to ensure that it meets the mission and goals of the Gateway
Commission
H Limitations on the Site
A Hours of Operation Hours of Operation of the Concession shall be limited to Sunrise
until 200AM (0200 Hrs)
B Overnight Parking All vehicles must vacate the property by 200 AM (0200Hrs)
C Alcohol Service will be limited to the vessel No alcohol service shall be allowed on
the docks or in other locations on the property
D Amplified sound (bands DJ etc) with the exception of safety instructions shall
not commence until vessels have departed from the dock and must cease prior to final
docking
E Concession shall not sublet any part of the property unless approved by the
Department of Energy amp Environmental Protection
F No new structures shall be erected and no maintenance shall be done to the existing
docks unless approved in writing by the Commissioner or Designee of the
Department of Energy amp Environmental Protection and all applicable permits have
been obtained
Page 14 of 23
Maps of Site
Page 15 of 23
Page 16 of 23
LETTER OF INTENT TO SUBMIT A PROPOSAL
State of Connecticut
Department of Energy amp Environmental Protection
RFP for Eagle Landing State Park
Return to Tenia Seay
Department of Energy amp Environmental Protection
Bureau of Outdoor Recreation
79 Elm Street
Hartford CT 06106-5127
860-424-3064 (Phone)
860-424-4070 (FAX)
Return Deadline 400 pm July 20 2020
The individual firm or corporation below intends to submit a proposal in response to the above referenced RFP
Note This letter is a non-binding expression of interest and does not obligate the sender to submit a proposal
The individual firm or corporation below has reviewed and if selected accepts the agencyrsquos standard contract and
conditions (provided in the RFP) in their entirety and without amendment
Name
Mailing Address
Contact Person
Telephone
FAX
Signature
Title Date
Page 17 of 23
STATE OF CONNECTICUT
DEPARTMENT OF ENERGY AND ENVIRONMENTAL PROTECTION
BUREAU OF OUTDOOR RECREATION AND
CONNECTICUT STATE PARK AND FOREST RECREATION AREA
MOBILE FOOD AND BEVERAGE CONCESSION
THIS CONTRACT is made by and between the STATE OF CONNECTICUT acting herein by
the Commissioner of the Department of Energy and Environmental Protection hereinafter referred
to as Commissionerrdquo or DEEP or ldquoStaterdquo and [Insert Concessionaire] of the Town of
Waterbury and the state of Connecticut hereinafter referred to as the Concessionaire or
ldquoContractorrdquo
WITNESSETH
WHEREAS the Commissioner of Energy and Environmental Protection pursuant to Conn Gen
Stat 23-26 has the authority to enter into contractual relations with persons for the maintenance
of concessions and other sources of revenue to be derived from services to the general public using
state parks and
WHEREAS the Concessionaire desires to operate a Mobile Food and Beverage Concession
Service and render services to the public at
[Insert Name of Location]
NOW THEREFORE it is hereby agreed as follows
1 Mobile Food and Beverage Concession Service The Concessionaire agrees to operate a
Mobile Food and Beverage Concession Service at the above noted facility The Concessionaire
is responsible for all work included in this Contract Details regarding the Scope of Work are
included in Attachment A which is attached hereto and is hereby made a part of this contract
2 Duration The Commissioner hereby grants to the Concessionaire the exclusive right to
operate the above Mobile Food and Beverage Concession Service at the location identified for
the period commencing upon contract execution through [insert expiration date] At the
Commissionerrsquos sole discretion this contract may be renewed for up to [Insert number] years
without further competition
3 Payment In consideration of said rights and privileges the Concessionaire agrees to pay a
total of [insert amount] to the State of Connecticut due by [insert date] Payments shall be
made by check draft or money order payable to Treasurer State of Connecticut and
delivered or mailed to the Department of Energy and Environmental Protection Accounts
Receivable 79 Elm Street Hartford Connecticut 06106-5127
4 Nondisclosure Contactor shall not release any information concerning the services provided
pursuant to the Contract or any part thereof to any member of the public press business entity
or any official body unless prior written consent is obtained from the State
Page 18 of 23
STANDARD TERMS AND CONDITIONS (Rev 8302019)
1 Definitions
(a) State The State of Connecticut including the Department of Energy and Environmental Protection and
any office department board council commission institution or other agency of the State
(b) Commissioner The Commissioner of Energy and Environmental Protection or the Commissionerrsquos
designated agent
(c) Parties The Department of Energy and Environmental Protection (DEEP or Agency) and the Contractor
(d) Contractor Parties Contractor Parties shall be defined as a Contractorrsquos members directors officers
shareholders partners managers principal officers representatives agents servants consultants employees
or any one of them or any other person or entity with whom the Contractor is in privity of oral or written
contract and the Contractor intends for such other person or entity to Perform under the Contract in any
capacity To the extent that any Contractor Party is to participate or Perform in any way directly or indirectly
in connection with the Contract any reference in the Contract to the ldquoContractorrdquo shall also be deemed to
include ldquoContractor Partiesrdquo as if such reference had originally specifically included ldquoContractor Partiesrdquo
since it is the Partiesrsquo intent for the terms ldquoContractor Partiesrdquo to be vested with the same respective rights
and obligations as the terms ldquoContractorrdquo
(e) Contract This agreement as of its Effective Date between the Contractor and the State for any or all
goods or services as more particularly described in Appendix A
(f) Execution This contract shall be fully executed when it has been signed by authorized representatives
of the parties and if it is for an amount of Twenty-five thousand dollars ($2500000) or more by the
authorized representative of the state Attorney Generals office
(g) Exhibits All attachments appendices or exhibits referred to in and attached to this Contract are
incorporated in this Contract by such reference and shall be deemed to be a part of it as if they had been fully
set forth in it
(h) Records For the purposes of this Contract records are defined as all working papers and such other
information and materials as may have been accumulated by the Contractor in performing the Contract
including but not limited to documents data plans books computations drawings specifications notes
reports records estimates summaries and correspondence kept or stored in any form
(i) Confidential Information Confidential Information shall mean any name number or other information
that may be used alone or in conjunction with any other information to identify a specific individual
including but not limited to such individuals name date of birth mothers maiden name motor vehicle
operators license number Social Security number employee identification number employer or taxpayer
identification number alien registration number government passport number health insurance
identification number demand deposit account number savings account number credit card number debit
card number or unique biometric data such as fingerprint voice print retina or iris image or other unique
physical representation Without limiting the foregoing Confidential Information shall also include any
information that the Department classifies as ldquoconfidentialrdquo or ldquorestrictedrdquo Confidential Information shall
not include information that may be lawfully obtained from publicly available sources or from federal state
or local government records which are lawfully made available to the general public
(j) Confidential Information Breach Confidential Information Breach shall mean generally an instance
where an unauthorized person or entity accesses Confidential Information in any manner including but not
limited to the following occurrences (1) any Confidential Information that is not encrypted or protected is
misplaced lost stolen or in any way compromised (2) one or more third parties have had access to or taken
control or possession of any Confidential Information that is not encrypted or protected without prior written
authorization from the State (3) the unauthorized acquisition of encrypted or protected Confidential
Information together with the confidential process or key that is capable of compromising the integrity of the
Confidential Information or (4) if there is a substantial risk of identity theft or fraud to the client the
Contractor the Department or State
Page 19 of 23
(k) Claim Claim shall mean all actions suits claims demands investigations and proceedings of any kind
open pending or threatened whether mature unmatured contingent known or unknown at law or in equity
in any forum
2 Forum and Choice of Law The parties deem the Contract to have been made in the City of Hartford State of
Connecticut Both parties agree that it is fair and reasonable for the validity and construction of the Contract
to be and it shall be governed by the laws and court decisions of the State of Connecticut without giving effect
to its principles of conflicts of laws To the extent that any immunities provided by Federal law or the laws of
the State of Connecticut do not bar an action against the State and to the extent that these courts are courts of
competent jurisdiction for the purpose of venue the complaint shall be made returnable to the Judicial District
of Hartford only or shall be brought in the United States District Court for the District of Connecticut only and
shall not be transferred to any other court provided however that nothing here constitutes a waiver or
compromise of the sovereign immunity of the State of Connecticut The Contractor waives any objection which
it may now have or will have to the laying of venue of any Claims in any forum and further irrevocably submits
to such jurisdiction in any suit action or proceeding
3 Termination
(a) Notwithstanding any provisions in this Contract the Agency through a duly authorized employee may
Terminate the Contract whenever the Agency makes a written determination that such Termination is in
the best interests of the State The Agency shall notify the Contractor in writing of Termination pursuant
to this section which notice shall specify the effective date of Termination and the extent to which the
Contractor must complete its Performance under the Contract prior to such date
(b) Notwithstanding any provisions in this Contract the Agency through a duly authorized employee may
after making a written determination that the Contractor has breached the Contract Terminate the
Contract in accordance with the provisions in the Breach section of this Contract
(c) The Agency shall send the notice of Termination via certified mail return receipt requested to the
Contractor at the most current address which the Contractor has furnished to the Agency for purposes of
correspondence or by hand delivery Upon receiving the notice from the Agency the Contractor shall
immediately discontinue all services affected in accordance with the notice undertake all commercially
reasonable efforts to mitigate any losses or damages and deliver to the Agency all Records The Records
are deemed to be the property of the Agency and the Contractor shall deliver them to the Agency no later
than thirty (30) days after the Termination of the Contract or fifteen (15) days after the Contractor
receives a written request from the Agency for the Records The Contractor shall deliver those Records
that exist in electronic magnetic or other intangible form in a non-proprietary format such as but not
limited to ASCII or TXT
(d) Upon receipt of a written notice of Termination from the Agency the Contractor shall cease operations
as the Agency directs in the notice and take all actions that are necessary or appropriate or that the
Agency may reasonably direct for the protection and preservation of the Goods and any other property
Except for any work which the Agency directs the Contractor to Perform in the notice prior to the
effective date of Termination and except as otherwise provided in the notice the Contractor shall
terminate or conclude all existing subcontracts and purchase orders and shall not enter into any further
subcontracts purchase orders or commitments
(e) The Agency shall within forty-five (45) days of the effective date of Termination reimburse the
Contractor for its Performance rendered and accepted by the Agency in addition to all actual and
reasonable costs incurred after Termination in completing those portions of the Performance which the
notice required the Contractor to complete However the Contractor is not entitled to receive and the
Agency is not obligated to tender to the Contractor any payments for anticipated or lost profits Upon
request by the Agency the Contractor shall assign to the Agency or any replacement contractor which
the Agency designates all subcontracts purchase orders and other commitments deliver to the Agency
all Records and other information pertaining to its Performance and remove from State premises
whether leased or owned all of Contractorrsquos property equipment waste material and rubbish related to
its Performance all as the Agency may request
(f) For breach or violation of any of the provisions in the section concerning Representations and
Warranties the Agency may Terminate the Contract in accordance with its terms and revoke any
consents to assignments given as if the assignments had never been requested or consented to without
liability to the Contractor or Contractor Parties or any third party
(g) Upon Termination of the Contract all rights and obligations shall be null and void so that no party shall
Page 20 of 23
have any further rights or obligations to any other party except with respect to the sections which survive
Termination All representations warranties agreements and rights of the parties under the Contract
shall survive such Termination to the extent not otherwise limited in the Contract and without each one
of them having to be specifically mentioned in the Contract
(h) Termination of the Contract pursuant to this section shall not be deemed to be a breach of contract by
the Agency
4 Indemnification
(a) The Contractor shall indemnify defend and hold harmless the State and its officers representatives
agents servants employees successors and assigns from and against any and all (1) Claims arising
directly or indirectly in connection with the Contract including the acts of commission or omission
(collectively the Acts) of the Contractor or Contractor Parties and (2) liabilities damages losses
costs and expenses including but not limited to attorneys and other professionals fees arising directly
or indirectly in connection with Claims Acts or the Contract The Contractor shall use counsel
reasonably acceptable to the State in carrying out its obligations under this section The Contractorrsquos
obligations under this section to indemnify defend and hold harmless against Claims includes Claims
concerning confidentiality of any part of or all of the Contractorrsquos bid proposal or any Records any
intellectual property rights other proprietary rights of any person or entity copyrighted or uncopyrighted
compositions secret processes patented or unpatented inventions articles or appliances furnished or
used in the Performance
(b) The Contractor shall not be responsible for indemnifying or holding the State harmless from any liability
arising due to the negligence of the State or any other person or entity acting under the direct control or
supervision of the State
(c) The Contractor shall reimburse the State for any and all damages to the real or personal property of the
State caused by the Acts of the Contractor or any Contractor Parties The State shall give the Contractor
reasonable notice of any such Claims
(d) The Contractorrsquos duties under this section shall remain fully in effect and binding in accordance with the
terms and conditions of the Contract without being lessened or compromised in any way even where
the Contractor is alleged or is found to have merely contributed in part to the Acts giving rise to the
Claims andor where the State is alleged or is found to have contributed to the Acts giving rise to the
Claims
(e) The Contractor shall carry and maintain at all times during the term of the Contract and during the time
that any provisions survive the term of the Contract sufficient general liability insurance to satisfy its
obligations under this Contract The Contractor shall cause the State to be named as an additional insured
on the policy and shall provide (1) a certificate of insurance (2) the declaration page and (3) the
additional insured endorsement to the policy to the State and the Client Agency all in an electronic format
acceptable to the State prior to the Effective Date of the Contract evidencing that the State is an additional
insured The Contractor shall not begin Performance until the delivery of these three documents to the
Client Agency Contractor shall provide an annual electronic update of the three documents to the Client
Agency and the State on or before each anniversary of the Effective Date during the Contract term State
shall be entitled to recover under the insurance policy even if a body of competent jurisdiction determines
that State is contributorily negligent
(f) This section shall survive the Termination of the Contract and shall not be limited by reason of any
insurance coverage
5 Sovereign Immunity The parties acknowledge and agree that nothing in the Solicitation or the Contract shall
be construed as a modification compromise or waiver by the State of any rights or defenses of any immunities
provided by Federal law or the laws of the State of Connecticut to the State or any of its officers and employees
which they may have had now have or will have with respect to all matters arising out of the Contract To the
extent that this section conflicts with any other section this section shall govern
6 Protection of Confidential Information Contractor and Contractor Parties at their own expense have a duty to
and shall protect from a Confidential Information Breach any and all Confidential Information which they come
to possess or control wherever and however stored or maintained in a commercially reasonable manner in
accordance with current industry standards
(b) Each Contractor or Contractor Party shall develop implement and maintain a comprehensive data -
security program for the protection of Confidential Information The safeguards contained in such
Page 21 of 23
program shall be consistent with and comply with the safeguards for protection of Confidential
Information and information of a similar character as set forth in all applicable federal and state law
and written policy of the Agency or State concerning the confidentiality of Confidential Information
Such data-security program shall include but not be limited to the following
(1) A security policy for employees related to the storage access and transportation of data containing
Confidential Information
(2) Reasonable restrictions on access to records containing Confidential Information including access
to any locked storage where such records are kept
(3) A process for reviewing policies and security measures at least annually
(4) Creating secure access controls to Confidential Information including but not limited to passwords
and
(5) Encrypting of Confidential Information that is stored on laptops portable devices or being
transmitted electronically
(c) The Contractor and Contractor Parties shall notify the Agency and the Connecticut Office of the Attorney
General as soon as practical but no later than twenty-four (24) hours after they become aware of or
suspect that any Confidential Information which Contractor or Contractor Parties have come to possess
or control has been subject to a Confidential Information Breach If a Confidential Information Breach
has occurred the Contractor shall within three (3) business days after the notification present a credit
monitoring and protection plan to the Commissioner of Administrative Services the Agency and the
Connecticut Office of the Attorney General for review and approval Such credit monitoring or
protection plan shall be made available by the Contractor at its own cost and expense to all individuals
affected by the Confidential Information Breach Such credit monitoring or protection plan shall include
but is not limited to reimbursement for the cost of placing and lifting one (1) security freeze per credit
file pursuant to Connecticut General Statutes sect 36a-701a Such credit monitoring or protection plans
shall be approved by the State in accordance with this Section and shall cover a length of time
commensurate with the circumstances of the Confidential Information Breach The Contractorsrsquo costs
and expenses for the credit monitoring and protection plan shall not be recoverable from the Agency
any State of Connecticut entity or any affected individuals
(d) The Contractor shall incorporate the requirements of this Section in all subcontracts requiring each
Contractor Party to safeguard Confidential Information in the same manner as provided for in this
Section
(e) Nothing in this Section shall supersede in any manner Contractorrsquos or Contractor Partyrsquos obligations
pursuant to HIPAA or the provisions of this Contract concerning the obligations of the Contractor as a
Business Associate of Covered Entity
7 Executive Orders This Contract is subject to the provisions of Executive Order No Three of Governor Thomas
J Meskill promulgated June 16 1971 concerning labor employment practices Executive Order No Seventeen
of Governor Thomas J Meskill promulgated February 15 1973 concerning the listing of employment
openings and Executive Order No Sixteen of Governor John G Rowland promulgated August 4 1999
concerning violence in the workplace all of which are incorporated into and are made a part of the Contract as
if they had been fully set forth in it The Contract may also be subject to Executive Order No 14 of Governor
M Jodi Rell promulgated April 17 2006 concerning procurement of cleaning products and services and to
Executive Order No 49 of Governor Dannel P Malloy promulgated May 22 2015 mandating disclosure of
certain gifts to public employees and contributions to certain candidates for office If Executive Order 14 andor
Executive Order 49 are applicable they are deemed to be incorporated into and are made a part of the Contract
as if they had been fully set forth in it At the Contractorrsquos request the Client Agency or DAS shall provide a
copy of these orders to the Contractor
8 State Liability The State of Connecticut shall assume no liability for payment for services under the terms of
this agreement until the contractor is notified that this agreement has been accepted by the contracting agency
and if applicable approved by the Office of Policy and Management (OPM) or the Department of
Administrative Services (DAS) and by the Attorney General of the State of Connecticut
9 Distribution of Materials The Contractor shall obtain written approval from the Commissioner prior to the
distribution or publication of any materials prepared under the terms of this Contract Such approval shall not
be unreasonably withheld
10 Change in Principal Project Staff Any changes in the principal project staff must be requested in writing and
approved in writing by the Commissioner at the Commissionerrsquos sole discretion In the event of any
Page 22 of 23
unapproved change in principal project staff the Commissioner may in the Commissionerrsquos sole discretion
terminate this Contract
11 Further Assurances The Parties shall provide such information execute and deliver any instruments and
documents and take such other actions as may be necessary or reasonably requested by the other Party which
are not inconsistent with the provisions of this Contract and which do not involve the vesting of rights or
assumption of obligations other than those provided for in the Contract in order to give full effect to the
Contract and to carry out the intent of the Contract
12 Third Party Participation The Contractor may make sub-awards using either its own competitive selection
process or the values established in the statersquos competitive selection process as outlined in DAS General Letter
71 whichever is more restrictive to conduct any of the tasks in the Scope of Work contained in Appendix A
The Contractor shall advise the Commissioner of the proposed sub-awardee and the amount allocated at least
two (2) weeks prior to the making of such awards The Commissioner reserves the right to disapprove such
awards if they appear to be inconsistent with the program activities to be conducted under this grant As
required by Sec 46a-68j-23 of the Connecticut Regulations of State Agencies the Contractor must make a good
faith effort based upon the availability of minority business enterprises in the labor market area to award a
reasonable proportion of all subcontracts to such enterprises When minority business enterprises are selected
the Contractor shall provide DEEP with a copy of the Affidavit for Certification of Subcontractors as Minority
Business Enterprises (MBE) along with a copy of the purchase order or contract engaging the Subcontractor
The Contractor shall be the sole point of contact concerning the management of the Contract including
performance and payment issues The Contractor is solely and completely responsible for adherence by any
subcontractor to all the applicable provisions of the Contract
13 Americans with Disabilities Act The Contractor shall be and remain in compliance with the Americans with
Disabilities Act of 1990 (ldquoActrdquo) to the extent applicable during the term of the Contract The DEEP may
cancel the Contract if the Contractor fails to comply with the Act
14 Affirmative Action and Sexual Harassment Policies The Contractor agrees to comply with the Departments
Affirmative Action and Sexual Harassment Policies available on DEEPrsquos web site Hard copies of the policy
statements are available upon request at DEEP
15 Breach If either Party breaches the Contract in any respect the non-breaching Party shall provide written
notice of the breach to the breaching Party and afford the breaching Party an opportunity to cure within ten (10)
days from the date that the breaching Party receives the notice In the case of a Contractor breach any other
time period which the Agency sets forth in the notice shall trump the ten (10) days The right to cure period
shall be extended if the non-breaching Party is satisfied that the breaching Party is making a good faith effort
to cure but the nature of the breach is such that it cannot be cured within the right to cure period The notice
may include an effective Contract Termination date if the breach is not cured by the stated date and unless
otherwise modified by the non-breaching Party in writing prior to the Termination date no further action shall
be required of any Party to effect the Termination as of the stated date If the notice does not set forth an
effective Contract Termination date then the non-breaching Party may Terminate the Contract by giving the
breaching Party no less than twenty four (24) hours prior written notice If the Agency believes that the
Contractor has not performed according to the Contract the Agency may withhold payment in whole or in part
pending resolution of the Performance issue provided that the Agency notifies the Contractor in writing prior
to the date that the payment would have been due
16 Severability If any term or provision of the Contract or its application to any person entity or circumstance
shall to any extent be held to be invalid or unenforceable the remainder of the Contract or the application of
such term or provision shall not be affected as to persons entities or circumstances other than those as to whom
or to which it is held to be invalid or unenforceable Each remaining term and provision of the Contract shall
be valid and enforced to the fullest extent possible by law
17 The Town Guarantee The Town shall furnish adequate protection from damage for all work and to repair any
damage of any kind for which he or his workmen are responsible to premises or any equipment to his own
work or to the work of the Agency pay for all permits licenses and fees and to give all notices and comply
with all laws ordinances rules and regulations of the city state and federal government
18 Force Majeure The Parties shall not be excused from their obligation to perform in accordance with the
Contract except in the case of Force Majeure events and as otherwise provided for in the Contract A Force
Majeure event materially affects the cost of the Goods or Services or the time schedule for performance and is
outside the control nor caused by the Parties In the case of any such exception the nonperforming Party shall
give immediate written notice to the other explaining the cause and probable duration of any such
Page 23 of 23
nonperformance
19 Entirety of Contract The Contract is the entire agreement between the Parties with respect to its subject matter
and supersedes all prior agreements proposals offers counteroffers and understandings of the Parties whether
written or oral The Contract has been entered into after full investigation neither Party relying upon any
statement or representation by the other unless such statement or representation is specifically embodied in the
Contract
20 Interpretation The Contract contains numerous references to statutes and regulations For purposes of
interpretation conflict resolution and otherwise the content of those statutes and regulations shall govern over
the content of the reference in the Contract to those statutes and regulations
A-1
Attachment A
Scope of Work
Mobile Food and Beverage Concession Services
1 Insurance The Concessionaire shall furnish evidence of insurance A Certificate of Insurance
covering each annual period of this contract shall reflect the following limits and shall be submitted
by the Concessionaire to the Department of Energy and Environmental Protection by April 1 of each
year this contract is in effect
a Commercial General Liability insurance providing a total limit of $1000000 for all damages
arising from bodily injury to or death of all persons in any accident or occurrence and for all
damages arising from the destruction of or damage to property in any one accident or occurrence
In cases where any insurance policy shows an aggregate limit the aggregate shall apply solely to
the concession operation or the aggregate limit shall be not less than $2000000
b The operation of all motor vehicles including those hired or borrowed used in connection with
this contract shall be covered by Automobile Liability insurance providing for a total limit of
$1000000 for all damages arising from bodily injuries to or death of all persons in any one
accident or occurrence and for all damages arising from the destruction of or damage to property
in any one accident or occurrence In cases where any insurance policy shows an aggregate limit
the aggregate shall apply solely to the concession operation or the aggregate limit shall be not less
than $2000000
c The Concessionaire shall carry Workerrsquos Compensation insurance in accordance with the
requirements of the laws of the State of Connecticut
d Said coveragersquos are to be provided by insurance companies licensed by the State of Connecticut
e Any deductibles or self-insured retentions must be declared and approved by the State
f The State of Connecticut shall be listed as an Additional Insured on all required coverage
2 Commodities and Price List
a The Concessionaire shall be allowed to sell food and beverages as approved in advance by the
Commissioner
b The Concessionaire shall be allowed to sell souvenirs and other outdoor recreation related
merchandise hereinafter referred to collectively as merchandise as approved in advance by the
Commissioner
c By April 1 of each year that this contract is in effect the Concessionaire shall submit for approval
a price list of all foods beverages and merchandise for sale hereinafter referred to collectively as
commodities to the Department of Energy and Environmental Protection Bureau of Outdoor
Recreation Division of State Parks and Public Outreach 79 Elm Street Hartford CT 06106-5127
d Any price increases or additions of commodities are subject to the prior written approval of the
Commissioner
e The Concessionaire shall post a price list of all commodities for sale in full public view while in
operation
f Whenever the park name is used on merchandise the complete park name shall be used
g The Concessionaire warrants that all commodities offered for sale shall not exceed in price nor be
substandard in quality or quantity to like commodities sold in the surrounding community
A-2
3 Sunscreen All concession operations in a park having a designated swimming area shall have
sunscreen with a Sun Protection Factor (SPF) of at least 15 for adults and 45 for children available for
sale to the general public
4 Use of Biodegradable Products To the extent practicable the Concessionaire agrees to use
recyclable and biodegradable products and packaging in all of its operations ie paper products or
products containing recycled contents The Concessionaire agrees to not dispense food or beverages
in close-celled foam-based containers
5 Prohibitions The Concessionaire shall not
a dispense food or beverages in glass containers
b dispense alcoholic beverages
c sell snorkels beach balls rafts or other inflatable or buoyant devices except US Coast Guard
approved personal flotation devices (PFDs)
d permit gratuities to employees of the State of Connecticut
e provide video or pinball games
6 Hours of Operation
a The Concessionaire may operate the Concession daily between 800 am and sunset on any day
that this contract is in effect
b From the Saturday before Memorial Day through July 4th the Concessionaire shall open the
concession on Saturdays Sundays and holidays not later than 1100 am except during inclement
weather and the concession shall remain open at least until three hours before but not later than
sunset
c From July 4th through Labor Day the Concessionaire shall open the concession daily not later than
1100 am except during inclement weather and the concession shall remain open at least until
three hours before but not later than sunset
d Deviations from the above stated schedules are allowable but must receive advanced approval in
writing from the Park and Recreation Supervisor
e When closing due to inclement weather the Concessionaire shall immediately notify the Park and
Recreation Supervisor The Concessionaire shall keep in the concession vehicle at all times a log
of all closures due to inclement weather and it shall be immediately available to the Park and
Recreation Supervisor upon request for inspection
f Within 30 days of closing the concession for the season but in no case later than December 31 of
each calendar year that this contract is in effect the Concessionaire shall submit an Annual
Inclement Weather Closure Report to the Park and Recreation Supervisor
7 Health Department Inspections The Concessionaire is responsible for scheduling inspections by
the appropriate local health department prior to April 15th of each year this contract is in effect The
Concessionaire is responsible for and shall directly pay for any fees charged for such inspections
8 Health Department Permit The Concessionaire will annually obtain a ldquopermit to sellrdquo from the local
health department and submit a copy of said permit to the DEEP Division of State Parks amp Public
Outreach not later than April 30th of each year this contract is in effect Other Permits The
Concessionaire shall be solely responsible for securing any other licenses permits approvals or
waivers required by any other federal state regional or municipal authority having jurisdiction in the
town(s) in which the Concession is located
9 State Property The Concessionaire shall install no fixed equipment nor make any physical changes
to state property without the prior written approval of DEEP Any improvements or permanent fixtures
approved by the DEEP and provided by the Concessionaire during the term of this contract shall
immediately become the property of the State of Connecticut
A-3
10 Public Health Code The Concessionaire agrees to conform to the Public Health Code of the State of
Connecticut concerning the storage handling and vending of food
11 Refuse Disposal The Concessionaire at its sole expense shall be responsible for the proper disposal
and removal of all recyclables and trash generated by operation of the concession For additional
information see the DEEP website for Managing Waste and Recycling at Special Events and Other
Venues the direct URL address for which is
httpwwwctgovdepcwpviewaspa=2714ampq=434054ampdepNav_GID=1645
12 General Maintenance The Concessionaire shall be responsible for maintaining the Concession area
in a clean sanitary and orderly manner
13 Exclusivity With the exception of vending machines and commodities having prior written approval
for DEEP sanctioned events including but not limited to events authorized by a Special Use License
the Concessionaire shall have the exclusive right to sell commodities within the property named
herein
14 Vending Machines The State of Connecticut Board of Education and Services for the Blind (BESB)
shall have exclusive rights to vending machines on the premises of the concessions and other
authorized areas within the park or forest for the purpose of vending foods and beverages and to collect
receipts there from provided that the number and locations of such vending machines shall receive
prior written approval from a representative of the DEEP
15 Rights of Park Visitors The Concessionaire agrees that nothing contained in the terms of this
contract shall prevent visitors from bringing food to the park and preparing such food for personal
consumption including dispensing such food at no charge to other park visitors Park visitors may
also utilize private catering services with advanced written approval of the Park and Recreation
Supervisor Said catering services may only be permitted with the condition that no financial
transactions occur on DEEP property
16 Concession Staffing The concession shall be staffed only by the Concessionaire or its employee(s)
or other agents identified herein unless otherwise authorized by the Commissioner in writing
17 Code of Conduct Due to the public service nature of the Concession the Concessionaire and all
employees of the Concessionaire shall conduct themselves in a courteous respectful and professional
manner with all members of the public
18 Appearance The Concessionaire and its employees shall be clean and neat in appearance Wearing
an item of uniform eg a shirt hat or badge identifying the name of the Concessionaire employee or
business is encouraged
19 Audible Devices The Concessionaire shall activate audible devices (loudspeakers music bells etc)
only in accordance with instructions provided by the Park and Recreation Supervisor Instructions are
subject to change immediately at the discretion of the Park and Recreation Supervisor
20 Concession Location Unless authorized by the Park and Recreation Supervisor to do otherwise the
Concessionaire agrees to
a identify all park-and-sit locations or drive-through routes on a park map
b confine all concession operations to the designated Concession areas
c confine all sales and advertising to the concession vehicle
d provide garbage and recycling receptacles for customer use
21 Food Inspection An authorized representative of the Commissioner may conduct an unannounced
in-season food inspection once per calendar year Upon request the Concessionaire shall provide a
A-4
range of food and beverage items proportionate to one meal to the Commissionerrsquos
representative for food-tasting purposes
22 Financial Reporting Within 30 days of closing the Concession for the season but in no case
later than December 31 of each calendar year that this contract is in effect the Concessionaire
shall submit a certified statement of annual gross receipts attested to by a Notary Public or a
Commissioner of the Superior Court to Department of Energy and Environmental Protection
Bureau of Outdoor Recreation Division of State Parks and Public Outreach 79 Elm Street
Hartford CT 06106-5127
23 Revenue DEEP shall have no responsibility for revenue loss directly or indirectly attributable
to DEEP management actions including but not limited to changes in park or campground
schedules or operations or in services provided to the visiting public DEEP shall have no
responsibility for revenue loss directly or indirectly attributable to uncontrollable phenomena
including but not limited to attendance loss weather conditions or other Acts of God
24 Compliance The Concessionaire agrees to comply with the regulations of the Department of
Energy and Environmental Protection regarding State Park and Forest Recreation Areas and
with any other department policy concerning the operation of concessions
The parties have hereunto set their hands
SIGNED AND DELIVERED below
STATE OF CONNECTICUT
Department of Energy and Environmental
Protection
CONCESSIONAIRE
BY BY
Date Date
Contract ______________
Acct Fund SID DeptId Prog Project Bud
Ref Amount
Funds available Date
Attorney General (Approved as to Form) Date
Page 8 of 23
(2) success in developing an apprenticeship program complying with sectsect 46a-68-1 to 46a-68-
17 inclusive of the Regulations of Connecticut State Agencies (3) promise to develop and
implement a successful affirmative action plan (4) submission of Contract Compliance
Monitoring Report indicating that the composition of the Proposerrsquos workforce is at or near
parity in the relevant labor market area or (5) promise to set aside a portion of the contract for
legitimate minority business enterprises
Forms are available on the CHRO website The following table will assist in determining which
forms are required
Contract Amount Bidder Contract Compliance
Monitoring Report Required ndash
Affidavit for Certification of
Subcontractors as MBErsquos as applic
Affirmative Action
Plan Required
CHRO Requires
Pre Approval of
Affirmative Action
Plan
$0 - $4000 No No na
Non Public Works Contract
$400001 -
$24999999
Yes No na
$250000 or more Yes Yes No
Public Works Contract
$400001 - $50000 Yes No na
$5000001 - $500000 Yes Yes No
$50000001 or more Yes Yes Yes
The State of Connecticut is an Equal Opportunity and Affirmative Action employer and does
not discriminate in its hiring employment or business practices The State is committed to
complying with the Americans with Disabilities Act of 1990 (ADA) and does not discriminate
on the basis of disability in admission to access to or operation of its programs services or
activities
At the time of contract execution a fully executed non-discrimination certification will also be
required
11 RFP Conditions
A All proposals in response to this RFP are to be the sole property of DEEP Proposers
are encouraged not to include in their proposals any information that is proprietary All
materials associated with this procurement process are subject to the terms of State
laws defining freedom of information and privacy and all rules regulations and
interpretations resulting from those laws
B Any product whether acceptable or unacceptable developed under a contract awarded
as a result of the RFP is to be the sole property of DEEP
Page 9 of 23
C Timing and sequence of events resulting from this RFP will ultimately be determined
by DEEP
D The Proposer agrees that the proposal will remain valid for a period of 180 days after
the deadline for submission and may be extended beyond that time by mutual
agreement
E DEEP may amend or cancel this RFP prior to the due date and time if DEEP deems it
to be necessary appropriate or otherwise in the best interests of DEEP Failure to
acknowledge receipt of amendments in accordance with the instructions contained in
the amendments may result in a proposal not being considered
F The Proposer must certify that the personnel identified in its response to this RFP will
be the persons actually assigned to the project Any additions deletions or changes in
personnel assigned to the project must be approved by DEEP or its designee with the
exception of personnel who have terminated employment Replacements for personnel
who have terminated employment are subject to approval by DEEP or its designee At
its discretion DEEP may require the removal and replacement of any of the Proposers
personnel who do not perform adequately on the project regardless of whether they
were previously approved by DEEP
G Any costs and expenses incurred by Proposers in preparing or submitting proposals are
the sole responsibility of the Proposer
H A Proposer must be prepared to present evidence of experience ability service
facilities and financial condition necessary to satisfactorily meet the requirements set
forth or implied in the proposal
I No additions or changes to the original proposal will be allowed after submission
While changes are not permitted clarification of proposals may be required by DEEP
at the Proposerrsquos sole cost and expense
J The Proposer represents and warrants that the proposal is not made in connection with
any other Proposer and is in all respects fair and without collusion or fraud The
Proposer further represents and warrants that the Proposer did not participate in any
part of the RFP development process had no knowledge of the specific contents of the
RFP prior to its issuance and that no agent representative or employee of DEEP
participated directly in the Proposerrsquos proposal preparation
K All responses to the RFP must conform to instruction Failure to include any required
signatures provide the required number of copies to meet deadlines answer all
questions follow the required format or failure to comply with any other requirements
of this RFP may be considered appropriate cause for rejection of the response
L The contract will represent the entire agreement between the Proposer and DEEP and
will supersede all prior negotiations representations or agreements alleged or made
between the parties DEEP or the State shall assume no liability for payment of services
under the terms of the contract until the successful Proposer is notified that the contract
has been accepted and approved by DEEP and by the AGrsquos Office The contract may
be amended only by means of a written instrument signed by DEEP the Proposer and
the AGrsquos Office
Page 10 of 23
M Contractor shall interact with the United States Coast Guard (USCG) as required to
maintain the designation of the facility as a Public Access Facility including but not
limited to any periodic revalidation process requested by the USCG
12 Rights Reserved to DEEP
The DEEP reserves the right to award in part to reject any and all proposals in whole or in part
for misrepresentation or if the Proposer is in default of any prior State contract or if the
proposal limits or modifies any of the terms and conditions andor specifications of the RFP
The DEEP also reserves the right to waive technical defect irregularities and omissions if in
its judgment the best interest of DEEP will be served
DEEP reserves the right to correct inaccurate awards resulting from its clerical errors This
may include in extreme circumstances revoking the awarding of a contract already made to a
Proposer and subsequently awarding the contract to another Proposer Such action on the part
of DEEP shall not constitute a breach of contract on the part of DEEP since the contract with
the initial Proposer is deemed to be void from the beginning and of no effect as if no contract
ever existed between DEEP and the Proposer
13 Agencyrsquos Standard Contract and Conditions
The Proposer must accept DEEPrsquos standard contract language and conditions See Attachment
for Standard Contract Conditions
14 Park Descriptions
A Location
The Eagle Landing State Park property is located at 19 Bridge Road in Haddam
Connecticut and borders the western riverbank of the Connecticut River
B Access
Eagle Landing State Park can be accessed from the West following Route 9 to Exit 7(Rt
82 E) or from the East following Route 82 over the swing bridge
C Property Existing Conditions
The Eagle Landing property is approximately 16 acres and includes four (4) docks three
parking areas an access road a small outbuilding with a power supply and two butler-
style buildings in the northeastern corner of the property Approximately 20 acres on the
eastern portion of the site is flat and lies within the floodplain of the river It was
previously used as a parking area by the previous owner The parking lots are divided
into several distinct lots and are delineated by guardrails The lots can be gated off when
not in use During the spring thaw the property has had a history of being flooded in
areas for multiple days
The park has 1100 feet+ of frontage along the Connecticut River The Connecticut River
is navigable from Long Island Sound northward to Hartford Much of the Connecticut
River view shed is lined with trees and low-lying vegetation giving the river a
ldquowildernessrdquo feel The Connecticut River is the most popular recreational waterway in
Connecticut supporting thousands of cruising vessels and recreational boats and numerous
marinas It is also a very active commercial waterway with hundreds of barges traveling
Page 11 of 23
on the river supplying the fuel docks and tank farms with oil for the cities and towns in
the CT River Valley
The western portion of the property slopes upward to meet a rail line owned by the State
of Connecticut Department of Energy amp Environmental Protection and maintained and
operated by the Valley Railroad Company The Valley Railroad Company operates the
Essex Steam Train
The concession area is delineated by a yellow dashed line as shown on the attached
concession area map Beginning at the northern portion of the concession area the
following structuresinfrastructure are included in the concession contract One butler-
style building (westernmost butlerndashstyle building) Parking Lot 1 Docks1 and 2 use
of the access road use of small former ticket booth building with available power in the
successful proposerrsquos name and Dock 3
The area located to the south of the concession area is approximately 7+ acres but only 4
acres are developed The undeveloped parcel is proposed to become a public boat ramp
facility and is currently being analyzed for resource and engineering issues Included in
this parcel is Dock 4 and Parking Lots 2 and 3 While this property located to the
south of the concession area will not be part of the bid or agreement for Boat
DockingEducational purposes it will be offered to the successful proposer for use as a
docking facility under a short-term Special Use License This license will expire as soon
as construction on the boat ramp commences
It should be noted that the access road to the Eagle Landing property must be kept open
for access by the private residential properties to the south of Eagle Landing
D Existing Condition of Dock
A few minor repairs would help improve the condition of Docks 1 2 and 3 but all are
functioning and usable in their present condition Dock 4 which is not included in the
concession contract has sustained significant damage is not currently usable and is
considered a safety hazard The Concessionaire or Special Use License Holder would be
responsible to certify that the docks can safely secure the size vessel(s) to be used
throughout the duration of this concession The depth of the water on the river side of
the dock varies from 16 feet to 19 feet There is submerged aquatic vegetation between
the docks and the riverbank that may contain species of concern
Before the commencement of any dock maintenance activity to the 4 docks described
above DEEPrsquos Natural Diversity Data Base (NDDB shall be consulted and DEEPrsquos
Land amp Water Resources Division (LWRD) shall be contacted to determine if a permit is
required for such work
E Adjacent Uses
Northward The northern boundary of Eagle Landing State Park is a private home and
CT State Route 82 There is a fence between the State park and the private property The
Page 12 of 23
East Haddam Swing Bridge spans the Connecticut River just north of Dock 1 (See
Attachment D) Andrews Marina is situated on the north side of Route 82
Southward The southern boundary of Eagle Landing State Park is bounded by a
development of private cottages There is an unpaved road which provides residents of
these cottages access to their homes Vehicles utilizing the Boat Concession or the Boat
Ramp may not park along the shoulders of the road or block it in any way
F ZoningSurrounding Land Use
The Town of Haddam zoned this property as ldquoCommercialrdquo and also ldquoState Park amp
Forestrdquo Commercial Boating activities are permitted in the Commercial Zone Eagle
Landing State Park is bounded on both the north and south by a ldquoLow density
RuralResidential Zonerdquo The town recommends a vegetative buffer between Commercial
uses and Residential areas Overlying the entire parcel is the Federal Emergency
Management Administration (FEMA) 100-year Flood Plain zone FEMA requirements
must be applied to any new development so as not to exacerbate flooding events
G Connecticut River Gateway Commission
Eagle Landing lies within the CT River Gateway Conservation Zone
In 1973 the Connecticut General Assembly passed legislation allowing the establishment
of the Connecticut River Gateway Commission a state-local compact for the protection
of the Lower Connecticut River Valley Then and now this valley is widely recognized
as one of the most important natural recreational and scenic areas of the State of
Connecticut One year later in July 1974 the Commission became operational with the
Connecticut Department of Environmental Protection two regional planning agencies and
all eight eligible towns participating
The Gateway Conservation Zone which is the geographic focus of the Commissions
activities is approximately thirty miles in length and includes those portions of the eight
member towns (Chester Deep River East Haddam Essex Haddam Lyme Old Lyme
Old Saybrook) lying within view of the river In recent years it has become an area of
interest for a number of other environmental organizations as well The Nature
Conservancy has designated the Connecticut River Tidelands as one of its Last Great
Places the Connecticut Department of Energy amp Environmental Protection has obtained
the recognition of the rivers tidelands as internationally significant wetlands under the
terms of the International Ramsar Convention the Secretary of the US Department of
Interior has publicly recognized the lower Connecticut River valley as one of the most
important ecological landscapes in the United States and in 1999 the River was
designated as one of 14 American Heritage Rivers by the President of the United States
The mission of this Commission given to it by the Connecticut General Assembly nearly
two decades ago is to preserve the unique scenic ecological scientific and historic
values of the lower Connecticut River valley for the enjoyment of present and future
generations of Connecticut citizens
Page 13 of 23
Development beyond what has previously been permitted must be reviewed by the
Gateway Commission to ensure that it meets the mission and goals of the Gateway
Commission
H Limitations on the Site
A Hours of Operation Hours of Operation of the Concession shall be limited to Sunrise
until 200AM (0200 Hrs)
B Overnight Parking All vehicles must vacate the property by 200 AM (0200Hrs)
C Alcohol Service will be limited to the vessel No alcohol service shall be allowed on
the docks or in other locations on the property
D Amplified sound (bands DJ etc) with the exception of safety instructions shall
not commence until vessels have departed from the dock and must cease prior to final
docking
E Concession shall not sublet any part of the property unless approved by the
Department of Energy amp Environmental Protection
F No new structures shall be erected and no maintenance shall be done to the existing
docks unless approved in writing by the Commissioner or Designee of the
Department of Energy amp Environmental Protection and all applicable permits have
been obtained
Page 14 of 23
Maps of Site
Page 15 of 23
Page 16 of 23
LETTER OF INTENT TO SUBMIT A PROPOSAL
State of Connecticut
Department of Energy amp Environmental Protection
RFP for Eagle Landing State Park
Return to Tenia Seay
Department of Energy amp Environmental Protection
Bureau of Outdoor Recreation
79 Elm Street
Hartford CT 06106-5127
860-424-3064 (Phone)
860-424-4070 (FAX)
Return Deadline 400 pm July 20 2020
The individual firm or corporation below intends to submit a proposal in response to the above referenced RFP
Note This letter is a non-binding expression of interest and does not obligate the sender to submit a proposal
The individual firm or corporation below has reviewed and if selected accepts the agencyrsquos standard contract and
conditions (provided in the RFP) in their entirety and without amendment
Name
Mailing Address
Contact Person
Telephone
FAX
Signature
Title Date
Page 17 of 23
STATE OF CONNECTICUT
DEPARTMENT OF ENERGY AND ENVIRONMENTAL PROTECTION
BUREAU OF OUTDOOR RECREATION AND
CONNECTICUT STATE PARK AND FOREST RECREATION AREA
MOBILE FOOD AND BEVERAGE CONCESSION
THIS CONTRACT is made by and between the STATE OF CONNECTICUT acting herein by
the Commissioner of the Department of Energy and Environmental Protection hereinafter referred
to as Commissionerrdquo or DEEP or ldquoStaterdquo and [Insert Concessionaire] of the Town of
Waterbury and the state of Connecticut hereinafter referred to as the Concessionaire or
ldquoContractorrdquo
WITNESSETH
WHEREAS the Commissioner of Energy and Environmental Protection pursuant to Conn Gen
Stat 23-26 has the authority to enter into contractual relations with persons for the maintenance
of concessions and other sources of revenue to be derived from services to the general public using
state parks and
WHEREAS the Concessionaire desires to operate a Mobile Food and Beverage Concession
Service and render services to the public at
[Insert Name of Location]
NOW THEREFORE it is hereby agreed as follows
1 Mobile Food and Beverage Concession Service The Concessionaire agrees to operate a
Mobile Food and Beverage Concession Service at the above noted facility The Concessionaire
is responsible for all work included in this Contract Details regarding the Scope of Work are
included in Attachment A which is attached hereto and is hereby made a part of this contract
2 Duration The Commissioner hereby grants to the Concessionaire the exclusive right to
operate the above Mobile Food and Beverage Concession Service at the location identified for
the period commencing upon contract execution through [insert expiration date] At the
Commissionerrsquos sole discretion this contract may be renewed for up to [Insert number] years
without further competition
3 Payment In consideration of said rights and privileges the Concessionaire agrees to pay a
total of [insert amount] to the State of Connecticut due by [insert date] Payments shall be
made by check draft or money order payable to Treasurer State of Connecticut and
delivered or mailed to the Department of Energy and Environmental Protection Accounts
Receivable 79 Elm Street Hartford Connecticut 06106-5127
4 Nondisclosure Contactor shall not release any information concerning the services provided
pursuant to the Contract or any part thereof to any member of the public press business entity
or any official body unless prior written consent is obtained from the State
Page 18 of 23
STANDARD TERMS AND CONDITIONS (Rev 8302019)
1 Definitions
(a) State The State of Connecticut including the Department of Energy and Environmental Protection and
any office department board council commission institution or other agency of the State
(b) Commissioner The Commissioner of Energy and Environmental Protection or the Commissionerrsquos
designated agent
(c) Parties The Department of Energy and Environmental Protection (DEEP or Agency) and the Contractor
(d) Contractor Parties Contractor Parties shall be defined as a Contractorrsquos members directors officers
shareholders partners managers principal officers representatives agents servants consultants employees
or any one of them or any other person or entity with whom the Contractor is in privity of oral or written
contract and the Contractor intends for such other person or entity to Perform under the Contract in any
capacity To the extent that any Contractor Party is to participate or Perform in any way directly or indirectly
in connection with the Contract any reference in the Contract to the ldquoContractorrdquo shall also be deemed to
include ldquoContractor Partiesrdquo as if such reference had originally specifically included ldquoContractor Partiesrdquo
since it is the Partiesrsquo intent for the terms ldquoContractor Partiesrdquo to be vested with the same respective rights
and obligations as the terms ldquoContractorrdquo
(e) Contract This agreement as of its Effective Date between the Contractor and the State for any or all
goods or services as more particularly described in Appendix A
(f) Execution This contract shall be fully executed when it has been signed by authorized representatives
of the parties and if it is for an amount of Twenty-five thousand dollars ($2500000) or more by the
authorized representative of the state Attorney Generals office
(g) Exhibits All attachments appendices or exhibits referred to in and attached to this Contract are
incorporated in this Contract by such reference and shall be deemed to be a part of it as if they had been fully
set forth in it
(h) Records For the purposes of this Contract records are defined as all working papers and such other
information and materials as may have been accumulated by the Contractor in performing the Contract
including but not limited to documents data plans books computations drawings specifications notes
reports records estimates summaries and correspondence kept or stored in any form
(i) Confidential Information Confidential Information shall mean any name number or other information
that may be used alone or in conjunction with any other information to identify a specific individual
including but not limited to such individuals name date of birth mothers maiden name motor vehicle
operators license number Social Security number employee identification number employer or taxpayer
identification number alien registration number government passport number health insurance
identification number demand deposit account number savings account number credit card number debit
card number or unique biometric data such as fingerprint voice print retina or iris image or other unique
physical representation Without limiting the foregoing Confidential Information shall also include any
information that the Department classifies as ldquoconfidentialrdquo or ldquorestrictedrdquo Confidential Information shall
not include information that may be lawfully obtained from publicly available sources or from federal state
or local government records which are lawfully made available to the general public
(j) Confidential Information Breach Confidential Information Breach shall mean generally an instance
where an unauthorized person or entity accesses Confidential Information in any manner including but not
limited to the following occurrences (1) any Confidential Information that is not encrypted or protected is
misplaced lost stolen or in any way compromised (2) one or more third parties have had access to or taken
control or possession of any Confidential Information that is not encrypted or protected without prior written
authorization from the State (3) the unauthorized acquisition of encrypted or protected Confidential
Information together with the confidential process or key that is capable of compromising the integrity of the
Confidential Information or (4) if there is a substantial risk of identity theft or fraud to the client the
Contractor the Department or State
Page 19 of 23
(k) Claim Claim shall mean all actions suits claims demands investigations and proceedings of any kind
open pending or threatened whether mature unmatured contingent known or unknown at law or in equity
in any forum
2 Forum and Choice of Law The parties deem the Contract to have been made in the City of Hartford State of
Connecticut Both parties agree that it is fair and reasonable for the validity and construction of the Contract
to be and it shall be governed by the laws and court decisions of the State of Connecticut without giving effect
to its principles of conflicts of laws To the extent that any immunities provided by Federal law or the laws of
the State of Connecticut do not bar an action against the State and to the extent that these courts are courts of
competent jurisdiction for the purpose of venue the complaint shall be made returnable to the Judicial District
of Hartford only or shall be brought in the United States District Court for the District of Connecticut only and
shall not be transferred to any other court provided however that nothing here constitutes a waiver or
compromise of the sovereign immunity of the State of Connecticut The Contractor waives any objection which
it may now have or will have to the laying of venue of any Claims in any forum and further irrevocably submits
to such jurisdiction in any suit action or proceeding
3 Termination
(a) Notwithstanding any provisions in this Contract the Agency through a duly authorized employee may
Terminate the Contract whenever the Agency makes a written determination that such Termination is in
the best interests of the State The Agency shall notify the Contractor in writing of Termination pursuant
to this section which notice shall specify the effective date of Termination and the extent to which the
Contractor must complete its Performance under the Contract prior to such date
(b) Notwithstanding any provisions in this Contract the Agency through a duly authorized employee may
after making a written determination that the Contractor has breached the Contract Terminate the
Contract in accordance with the provisions in the Breach section of this Contract
(c) The Agency shall send the notice of Termination via certified mail return receipt requested to the
Contractor at the most current address which the Contractor has furnished to the Agency for purposes of
correspondence or by hand delivery Upon receiving the notice from the Agency the Contractor shall
immediately discontinue all services affected in accordance with the notice undertake all commercially
reasonable efforts to mitigate any losses or damages and deliver to the Agency all Records The Records
are deemed to be the property of the Agency and the Contractor shall deliver them to the Agency no later
than thirty (30) days after the Termination of the Contract or fifteen (15) days after the Contractor
receives a written request from the Agency for the Records The Contractor shall deliver those Records
that exist in electronic magnetic or other intangible form in a non-proprietary format such as but not
limited to ASCII or TXT
(d) Upon receipt of a written notice of Termination from the Agency the Contractor shall cease operations
as the Agency directs in the notice and take all actions that are necessary or appropriate or that the
Agency may reasonably direct for the protection and preservation of the Goods and any other property
Except for any work which the Agency directs the Contractor to Perform in the notice prior to the
effective date of Termination and except as otherwise provided in the notice the Contractor shall
terminate or conclude all existing subcontracts and purchase orders and shall not enter into any further
subcontracts purchase orders or commitments
(e) The Agency shall within forty-five (45) days of the effective date of Termination reimburse the
Contractor for its Performance rendered and accepted by the Agency in addition to all actual and
reasonable costs incurred after Termination in completing those portions of the Performance which the
notice required the Contractor to complete However the Contractor is not entitled to receive and the
Agency is not obligated to tender to the Contractor any payments for anticipated or lost profits Upon
request by the Agency the Contractor shall assign to the Agency or any replacement contractor which
the Agency designates all subcontracts purchase orders and other commitments deliver to the Agency
all Records and other information pertaining to its Performance and remove from State premises
whether leased or owned all of Contractorrsquos property equipment waste material and rubbish related to
its Performance all as the Agency may request
(f) For breach or violation of any of the provisions in the section concerning Representations and
Warranties the Agency may Terminate the Contract in accordance with its terms and revoke any
consents to assignments given as if the assignments had never been requested or consented to without
liability to the Contractor or Contractor Parties or any third party
(g) Upon Termination of the Contract all rights and obligations shall be null and void so that no party shall
Page 20 of 23
have any further rights or obligations to any other party except with respect to the sections which survive
Termination All representations warranties agreements and rights of the parties under the Contract
shall survive such Termination to the extent not otherwise limited in the Contract and without each one
of them having to be specifically mentioned in the Contract
(h) Termination of the Contract pursuant to this section shall not be deemed to be a breach of contract by
the Agency
4 Indemnification
(a) The Contractor shall indemnify defend and hold harmless the State and its officers representatives
agents servants employees successors and assigns from and against any and all (1) Claims arising
directly or indirectly in connection with the Contract including the acts of commission or omission
(collectively the Acts) of the Contractor or Contractor Parties and (2) liabilities damages losses
costs and expenses including but not limited to attorneys and other professionals fees arising directly
or indirectly in connection with Claims Acts or the Contract The Contractor shall use counsel
reasonably acceptable to the State in carrying out its obligations under this section The Contractorrsquos
obligations under this section to indemnify defend and hold harmless against Claims includes Claims
concerning confidentiality of any part of or all of the Contractorrsquos bid proposal or any Records any
intellectual property rights other proprietary rights of any person or entity copyrighted or uncopyrighted
compositions secret processes patented or unpatented inventions articles or appliances furnished or
used in the Performance
(b) The Contractor shall not be responsible for indemnifying or holding the State harmless from any liability
arising due to the negligence of the State or any other person or entity acting under the direct control or
supervision of the State
(c) The Contractor shall reimburse the State for any and all damages to the real or personal property of the
State caused by the Acts of the Contractor or any Contractor Parties The State shall give the Contractor
reasonable notice of any such Claims
(d) The Contractorrsquos duties under this section shall remain fully in effect and binding in accordance with the
terms and conditions of the Contract without being lessened or compromised in any way even where
the Contractor is alleged or is found to have merely contributed in part to the Acts giving rise to the
Claims andor where the State is alleged or is found to have contributed to the Acts giving rise to the
Claims
(e) The Contractor shall carry and maintain at all times during the term of the Contract and during the time
that any provisions survive the term of the Contract sufficient general liability insurance to satisfy its
obligations under this Contract The Contractor shall cause the State to be named as an additional insured
on the policy and shall provide (1) a certificate of insurance (2) the declaration page and (3) the
additional insured endorsement to the policy to the State and the Client Agency all in an electronic format
acceptable to the State prior to the Effective Date of the Contract evidencing that the State is an additional
insured The Contractor shall not begin Performance until the delivery of these three documents to the
Client Agency Contractor shall provide an annual electronic update of the three documents to the Client
Agency and the State on or before each anniversary of the Effective Date during the Contract term State
shall be entitled to recover under the insurance policy even if a body of competent jurisdiction determines
that State is contributorily negligent
(f) This section shall survive the Termination of the Contract and shall not be limited by reason of any
insurance coverage
5 Sovereign Immunity The parties acknowledge and agree that nothing in the Solicitation or the Contract shall
be construed as a modification compromise or waiver by the State of any rights or defenses of any immunities
provided by Federal law or the laws of the State of Connecticut to the State or any of its officers and employees
which they may have had now have or will have with respect to all matters arising out of the Contract To the
extent that this section conflicts with any other section this section shall govern
6 Protection of Confidential Information Contractor and Contractor Parties at their own expense have a duty to
and shall protect from a Confidential Information Breach any and all Confidential Information which they come
to possess or control wherever and however stored or maintained in a commercially reasonable manner in
accordance with current industry standards
(b) Each Contractor or Contractor Party shall develop implement and maintain a comprehensive data -
security program for the protection of Confidential Information The safeguards contained in such
Page 21 of 23
program shall be consistent with and comply with the safeguards for protection of Confidential
Information and information of a similar character as set forth in all applicable federal and state law
and written policy of the Agency or State concerning the confidentiality of Confidential Information
Such data-security program shall include but not be limited to the following
(1) A security policy for employees related to the storage access and transportation of data containing
Confidential Information
(2) Reasonable restrictions on access to records containing Confidential Information including access
to any locked storage where such records are kept
(3) A process for reviewing policies and security measures at least annually
(4) Creating secure access controls to Confidential Information including but not limited to passwords
and
(5) Encrypting of Confidential Information that is stored on laptops portable devices or being
transmitted electronically
(c) The Contractor and Contractor Parties shall notify the Agency and the Connecticut Office of the Attorney
General as soon as practical but no later than twenty-four (24) hours after they become aware of or
suspect that any Confidential Information which Contractor or Contractor Parties have come to possess
or control has been subject to a Confidential Information Breach If a Confidential Information Breach
has occurred the Contractor shall within three (3) business days after the notification present a credit
monitoring and protection plan to the Commissioner of Administrative Services the Agency and the
Connecticut Office of the Attorney General for review and approval Such credit monitoring or
protection plan shall be made available by the Contractor at its own cost and expense to all individuals
affected by the Confidential Information Breach Such credit monitoring or protection plan shall include
but is not limited to reimbursement for the cost of placing and lifting one (1) security freeze per credit
file pursuant to Connecticut General Statutes sect 36a-701a Such credit monitoring or protection plans
shall be approved by the State in accordance with this Section and shall cover a length of time
commensurate with the circumstances of the Confidential Information Breach The Contractorsrsquo costs
and expenses for the credit monitoring and protection plan shall not be recoverable from the Agency
any State of Connecticut entity or any affected individuals
(d) The Contractor shall incorporate the requirements of this Section in all subcontracts requiring each
Contractor Party to safeguard Confidential Information in the same manner as provided for in this
Section
(e) Nothing in this Section shall supersede in any manner Contractorrsquos or Contractor Partyrsquos obligations
pursuant to HIPAA or the provisions of this Contract concerning the obligations of the Contractor as a
Business Associate of Covered Entity
7 Executive Orders This Contract is subject to the provisions of Executive Order No Three of Governor Thomas
J Meskill promulgated June 16 1971 concerning labor employment practices Executive Order No Seventeen
of Governor Thomas J Meskill promulgated February 15 1973 concerning the listing of employment
openings and Executive Order No Sixteen of Governor John G Rowland promulgated August 4 1999
concerning violence in the workplace all of which are incorporated into and are made a part of the Contract as
if they had been fully set forth in it The Contract may also be subject to Executive Order No 14 of Governor
M Jodi Rell promulgated April 17 2006 concerning procurement of cleaning products and services and to
Executive Order No 49 of Governor Dannel P Malloy promulgated May 22 2015 mandating disclosure of
certain gifts to public employees and contributions to certain candidates for office If Executive Order 14 andor
Executive Order 49 are applicable they are deemed to be incorporated into and are made a part of the Contract
as if they had been fully set forth in it At the Contractorrsquos request the Client Agency or DAS shall provide a
copy of these orders to the Contractor
8 State Liability The State of Connecticut shall assume no liability for payment for services under the terms of
this agreement until the contractor is notified that this agreement has been accepted by the contracting agency
and if applicable approved by the Office of Policy and Management (OPM) or the Department of
Administrative Services (DAS) and by the Attorney General of the State of Connecticut
9 Distribution of Materials The Contractor shall obtain written approval from the Commissioner prior to the
distribution or publication of any materials prepared under the terms of this Contract Such approval shall not
be unreasonably withheld
10 Change in Principal Project Staff Any changes in the principal project staff must be requested in writing and
approved in writing by the Commissioner at the Commissionerrsquos sole discretion In the event of any
Page 22 of 23
unapproved change in principal project staff the Commissioner may in the Commissionerrsquos sole discretion
terminate this Contract
11 Further Assurances The Parties shall provide such information execute and deliver any instruments and
documents and take such other actions as may be necessary or reasonably requested by the other Party which
are not inconsistent with the provisions of this Contract and which do not involve the vesting of rights or
assumption of obligations other than those provided for in the Contract in order to give full effect to the
Contract and to carry out the intent of the Contract
12 Third Party Participation The Contractor may make sub-awards using either its own competitive selection
process or the values established in the statersquos competitive selection process as outlined in DAS General Letter
71 whichever is more restrictive to conduct any of the tasks in the Scope of Work contained in Appendix A
The Contractor shall advise the Commissioner of the proposed sub-awardee and the amount allocated at least
two (2) weeks prior to the making of such awards The Commissioner reserves the right to disapprove such
awards if they appear to be inconsistent with the program activities to be conducted under this grant As
required by Sec 46a-68j-23 of the Connecticut Regulations of State Agencies the Contractor must make a good
faith effort based upon the availability of minority business enterprises in the labor market area to award a
reasonable proportion of all subcontracts to such enterprises When minority business enterprises are selected
the Contractor shall provide DEEP with a copy of the Affidavit for Certification of Subcontractors as Minority
Business Enterprises (MBE) along with a copy of the purchase order or contract engaging the Subcontractor
The Contractor shall be the sole point of contact concerning the management of the Contract including
performance and payment issues The Contractor is solely and completely responsible for adherence by any
subcontractor to all the applicable provisions of the Contract
13 Americans with Disabilities Act The Contractor shall be and remain in compliance with the Americans with
Disabilities Act of 1990 (ldquoActrdquo) to the extent applicable during the term of the Contract The DEEP may
cancel the Contract if the Contractor fails to comply with the Act
14 Affirmative Action and Sexual Harassment Policies The Contractor agrees to comply with the Departments
Affirmative Action and Sexual Harassment Policies available on DEEPrsquos web site Hard copies of the policy
statements are available upon request at DEEP
15 Breach If either Party breaches the Contract in any respect the non-breaching Party shall provide written
notice of the breach to the breaching Party and afford the breaching Party an opportunity to cure within ten (10)
days from the date that the breaching Party receives the notice In the case of a Contractor breach any other
time period which the Agency sets forth in the notice shall trump the ten (10) days The right to cure period
shall be extended if the non-breaching Party is satisfied that the breaching Party is making a good faith effort
to cure but the nature of the breach is such that it cannot be cured within the right to cure period The notice
may include an effective Contract Termination date if the breach is not cured by the stated date and unless
otherwise modified by the non-breaching Party in writing prior to the Termination date no further action shall
be required of any Party to effect the Termination as of the stated date If the notice does not set forth an
effective Contract Termination date then the non-breaching Party may Terminate the Contract by giving the
breaching Party no less than twenty four (24) hours prior written notice If the Agency believes that the
Contractor has not performed according to the Contract the Agency may withhold payment in whole or in part
pending resolution of the Performance issue provided that the Agency notifies the Contractor in writing prior
to the date that the payment would have been due
16 Severability If any term or provision of the Contract or its application to any person entity or circumstance
shall to any extent be held to be invalid or unenforceable the remainder of the Contract or the application of
such term or provision shall not be affected as to persons entities or circumstances other than those as to whom
or to which it is held to be invalid or unenforceable Each remaining term and provision of the Contract shall
be valid and enforced to the fullest extent possible by law
17 The Town Guarantee The Town shall furnish adequate protection from damage for all work and to repair any
damage of any kind for which he or his workmen are responsible to premises or any equipment to his own
work or to the work of the Agency pay for all permits licenses and fees and to give all notices and comply
with all laws ordinances rules and regulations of the city state and federal government
18 Force Majeure The Parties shall not be excused from their obligation to perform in accordance with the
Contract except in the case of Force Majeure events and as otherwise provided for in the Contract A Force
Majeure event materially affects the cost of the Goods or Services or the time schedule for performance and is
outside the control nor caused by the Parties In the case of any such exception the nonperforming Party shall
give immediate written notice to the other explaining the cause and probable duration of any such
Page 23 of 23
nonperformance
19 Entirety of Contract The Contract is the entire agreement between the Parties with respect to its subject matter
and supersedes all prior agreements proposals offers counteroffers and understandings of the Parties whether
written or oral The Contract has been entered into after full investigation neither Party relying upon any
statement or representation by the other unless such statement or representation is specifically embodied in the
Contract
20 Interpretation The Contract contains numerous references to statutes and regulations For purposes of
interpretation conflict resolution and otherwise the content of those statutes and regulations shall govern over
the content of the reference in the Contract to those statutes and regulations
A-1
Attachment A
Scope of Work
Mobile Food and Beverage Concession Services
1 Insurance The Concessionaire shall furnish evidence of insurance A Certificate of Insurance
covering each annual period of this contract shall reflect the following limits and shall be submitted
by the Concessionaire to the Department of Energy and Environmental Protection by April 1 of each
year this contract is in effect
a Commercial General Liability insurance providing a total limit of $1000000 for all damages
arising from bodily injury to or death of all persons in any accident or occurrence and for all
damages arising from the destruction of or damage to property in any one accident or occurrence
In cases where any insurance policy shows an aggregate limit the aggregate shall apply solely to
the concession operation or the aggregate limit shall be not less than $2000000
b The operation of all motor vehicles including those hired or borrowed used in connection with
this contract shall be covered by Automobile Liability insurance providing for a total limit of
$1000000 for all damages arising from bodily injuries to or death of all persons in any one
accident or occurrence and for all damages arising from the destruction of or damage to property
in any one accident or occurrence In cases where any insurance policy shows an aggregate limit
the aggregate shall apply solely to the concession operation or the aggregate limit shall be not less
than $2000000
c The Concessionaire shall carry Workerrsquos Compensation insurance in accordance with the
requirements of the laws of the State of Connecticut
d Said coveragersquos are to be provided by insurance companies licensed by the State of Connecticut
e Any deductibles or self-insured retentions must be declared and approved by the State
f The State of Connecticut shall be listed as an Additional Insured on all required coverage
2 Commodities and Price List
a The Concessionaire shall be allowed to sell food and beverages as approved in advance by the
Commissioner
b The Concessionaire shall be allowed to sell souvenirs and other outdoor recreation related
merchandise hereinafter referred to collectively as merchandise as approved in advance by the
Commissioner
c By April 1 of each year that this contract is in effect the Concessionaire shall submit for approval
a price list of all foods beverages and merchandise for sale hereinafter referred to collectively as
commodities to the Department of Energy and Environmental Protection Bureau of Outdoor
Recreation Division of State Parks and Public Outreach 79 Elm Street Hartford CT 06106-5127
d Any price increases or additions of commodities are subject to the prior written approval of the
Commissioner
e The Concessionaire shall post a price list of all commodities for sale in full public view while in
operation
f Whenever the park name is used on merchandise the complete park name shall be used
g The Concessionaire warrants that all commodities offered for sale shall not exceed in price nor be
substandard in quality or quantity to like commodities sold in the surrounding community
A-2
3 Sunscreen All concession operations in a park having a designated swimming area shall have
sunscreen with a Sun Protection Factor (SPF) of at least 15 for adults and 45 for children available for
sale to the general public
4 Use of Biodegradable Products To the extent practicable the Concessionaire agrees to use
recyclable and biodegradable products and packaging in all of its operations ie paper products or
products containing recycled contents The Concessionaire agrees to not dispense food or beverages
in close-celled foam-based containers
5 Prohibitions The Concessionaire shall not
a dispense food or beverages in glass containers
b dispense alcoholic beverages
c sell snorkels beach balls rafts or other inflatable or buoyant devices except US Coast Guard
approved personal flotation devices (PFDs)
d permit gratuities to employees of the State of Connecticut
e provide video or pinball games
6 Hours of Operation
a The Concessionaire may operate the Concession daily between 800 am and sunset on any day
that this contract is in effect
b From the Saturday before Memorial Day through July 4th the Concessionaire shall open the
concession on Saturdays Sundays and holidays not later than 1100 am except during inclement
weather and the concession shall remain open at least until three hours before but not later than
sunset
c From July 4th through Labor Day the Concessionaire shall open the concession daily not later than
1100 am except during inclement weather and the concession shall remain open at least until
three hours before but not later than sunset
d Deviations from the above stated schedules are allowable but must receive advanced approval in
writing from the Park and Recreation Supervisor
e When closing due to inclement weather the Concessionaire shall immediately notify the Park and
Recreation Supervisor The Concessionaire shall keep in the concession vehicle at all times a log
of all closures due to inclement weather and it shall be immediately available to the Park and
Recreation Supervisor upon request for inspection
f Within 30 days of closing the concession for the season but in no case later than December 31 of
each calendar year that this contract is in effect the Concessionaire shall submit an Annual
Inclement Weather Closure Report to the Park and Recreation Supervisor
7 Health Department Inspections The Concessionaire is responsible for scheduling inspections by
the appropriate local health department prior to April 15th of each year this contract is in effect The
Concessionaire is responsible for and shall directly pay for any fees charged for such inspections
8 Health Department Permit The Concessionaire will annually obtain a ldquopermit to sellrdquo from the local
health department and submit a copy of said permit to the DEEP Division of State Parks amp Public
Outreach not later than April 30th of each year this contract is in effect Other Permits The
Concessionaire shall be solely responsible for securing any other licenses permits approvals or
waivers required by any other federal state regional or municipal authority having jurisdiction in the
town(s) in which the Concession is located
9 State Property The Concessionaire shall install no fixed equipment nor make any physical changes
to state property without the prior written approval of DEEP Any improvements or permanent fixtures
approved by the DEEP and provided by the Concessionaire during the term of this contract shall
immediately become the property of the State of Connecticut
A-3
10 Public Health Code The Concessionaire agrees to conform to the Public Health Code of the State of
Connecticut concerning the storage handling and vending of food
11 Refuse Disposal The Concessionaire at its sole expense shall be responsible for the proper disposal
and removal of all recyclables and trash generated by operation of the concession For additional
information see the DEEP website for Managing Waste and Recycling at Special Events and Other
Venues the direct URL address for which is
httpwwwctgovdepcwpviewaspa=2714ampq=434054ampdepNav_GID=1645
12 General Maintenance The Concessionaire shall be responsible for maintaining the Concession area
in a clean sanitary and orderly manner
13 Exclusivity With the exception of vending machines and commodities having prior written approval
for DEEP sanctioned events including but not limited to events authorized by a Special Use License
the Concessionaire shall have the exclusive right to sell commodities within the property named
herein
14 Vending Machines The State of Connecticut Board of Education and Services for the Blind (BESB)
shall have exclusive rights to vending machines on the premises of the concessions and other
authorized areas within the park or forest for the purpose of vending foods and beverages and to collect
receipts there from provided that the number and locations of such vending machines shall receive
prior written approval from a representative of the DEEP
15 Rights of Park Visitors The Concessionaire agrees that nothing contained in the terms of this
contract shall prevent visitors from bringing food to the park and preparing such food for personal
consumption including dispensing such food at no charge to other park visitors Park visitors may
also utilize private catering services with advanced written approval of the Park and Recreation
Supervisor Said catering services may only be permitted with the condition that no financial
transactions occur on DEEP property
16 Concession Staffing The concession shall be staffed only by the Concessionaire or its employee(s)
or other agents identified herein unless otherwise authorized by the Commissioner in writing
17 Code of Conduct Due to the public service nature of the Concession the Concessionaire and all
employees of the Concessionaire shall conduct themselves in a courteous respectful and professional
manner with all members of the public
18 Appearance The Concessionaire and its employees shall be clean and neat in appearance Wearing
an item of uniform eg a shirt hat or badge identifying the name of the Concessionaire employee or
business is encouraged
19 Audible Devices The Concessionaire shall activate audible devices (loudspeakers music bells etc)
only in accordance with instructions provided by the Park and Recreation Supervisor Instructions are
subject to change immediately at the discretion of the Park and Recreation Supervisor
20 Concession Location Unless authorized by the Park and Recreation Supervisor to do otherwise the
Concessionaire agrees to
a identify all park-and-sit locations or drive-through routes on a park map
b confine all concession operations to the designated Concession areas
c confine all sales and advertising to the concession vehicle
d provide garbage and recycling receptacles for customer use
21 Food Inspection An authorized representative of the Commissioner may conduct an unannounced
in-season food inspection once per calendar year Upon request the Concessionaire shall provide a
A-4
range of food and beverage items proportionate to one meal to the Commissionerrsquos
representative for food-tasting purposes
22 Financial Reporting Within 30 days of closing the Concession for the season but in no case
later than December 31 of each calendar year that this contract is in effect the Concessionaire
shall submit a certified statement of annual gross receipts attested to by a Notary Public or a
Commissioner of the Superior Court to Department of Energy and Environmental Protection
Bureau of Outdoor Recreation Division of State Parks and Public Outreach 79 Elm Street
Hartford CT 06106-5127
23 Revenue DEEP shall have no responsibility for revenue loss directly or indirectly attributable
to DEEP management actions including but not limited to changes in park or campground
schedules or operations or in services provided to the visiting public DEEP shall have no
responsibility for revenue loss directly or indirectly attributable to uncontrollable phenomena
including but not limited to attendance loss weather conditions or other Acts of God
24 Compliance The Concessionaire agrees to comply with the regulations of the Department of
Energy and Environmental Protection regarding State Park and Forest Recreation Areas and
with any other department policy concerning the operation of concessions
The parties have hereunto set their hands
SIGNED AND DELIVERED below
STATE OF CONNECTICUT
Department of Energy and Environmental
Protection
CONCESSIONAIRE
BY BY
Date Date
Contract ______________
Acct Fund SID DeptId Prog Project Bud
Ref Amount
Funds available Date
Attorney General (Approved as to Form) Date
Page 9 of 23
C Timing and sequence of events resulting from this RFP will ultimately be determined
by DEEP
D The Proposer agrees that the proposal will remain valid for a period of 180 days after
the deadline for submission and may be extended beyond that time by mutual
agreement
E DEEP may amend or cancel this RFP prior to the due date and time if DEEP deems it
to be necessary appropriate or otherwise in the best interests of DEEP Failure to
acknowledge receipt of amendments in accordance with the instructions contained in
the amendments may result in a proposal not being considered
F The Proposer must certify that the personnel identified in its response to this RFP will
be the persons actually assigned to the project Any additions deletions or changes in
personnel assigned to the project must be approved by DEEP or its designee with the
exception of personnel who have terminated employment Replacements for personnel
who have terminated employment are subject to approval by DEEP or its designee At
its discretion DEEP may require the removal and replacement of any of the Proposers
personnel who do not perform adequately on the project regardless of whether they
were previously approved by DEEP
G Any costs and expenses incurred by Proposers in preparing or submitting proposals are
the sole responsibility of the Proposer
H A Proposer must be prepared to present evidence of experience ability service
facilities and financial condition necessary to satisfactorily meet the requirements set
forth or implied in the proposal
I No additions or changes to the original proposal will be allowed after submission
While changes are not permitted clarification of proposals may be required by DEEP
at the Proposerrsquos sole cost and expense
J The Proposer represents and warrants that the proposal is not made in connection with
any other Proposer and is in all respects fair and without collusion or fraud The
Proposer further represents and warrants that the Proposer did not participate in any
part of the RFP development process had no knowledge of the specific contents of the
RFP prior to its issuance and that no agent representative or employee of DEEP
participated directly in the Proposerrsquos proposal preparation
K All responses to the RFP must conform to instruction Failure to include any required
signatures provide the required number of copies to meet deadlines answer all
questions follow the required format or failure to comply with any other requirements
of this RFP may be considered appropriate cause for rejection of the response
L The contract will represent the entire agreement between the Proposer and DEEP and
will supersede all prior negotiations representations or agreements alleged or made
between the parties DEEP or the State shall assume no liability for payment of services
under the terms of the contract until the successful Proposer is notified that the contract
has been accepted and approved by DEEP and by the AGrsquos Office The contract may
be amended only by means of a written instrument signed by DEEP the Proposer and
the AGrsquos Office
Page 10 of 23
M Contractor shall interact with the United States Coast Guard (USCG) as required to
maintain the designation of the facility as a Public Access Facility including but not
limited to any periodic revalidation process requested by the USCG
12 Rights Reserved to DEEP
The DEEP reserves the right to award in part to reject any and all proposals in whole or in part
for misrepresentation or if the Proposer is in default of any prior State contract or if the
proposal limits or modifies any of the terms and conditions andor specifications of the RFP
The DEEP also reserves the right to waive technical defect irregularities and omissions if in
its judgment the best interest of DEEP will be served
DEEP reserves the right to correct inaccurate awards resulting from its clerical errors This
may include in extreme circumstances revoking the awarding of a contract already made to a
Proposer and subsequently awarding the contract to another Proposer Such action on the part
of DEEP shall not constitute a breach of contract on the part of DEEP since the contract with
the initial Proposer is deemed to be void from the beginning and of no effect as if no contract
ever existed between DEEP and the Proposer
13 Agencyrsquos Standard Contract and Conditions
The Proposer must accept DEEPrsquos standard contract language and conditions See Attachment
for Standard Contract Conditions
14 Park Descriptions
A Location
The Eagle Landing State Park property is located at 19 Bridge Road in Haddam
Connecticut and borders the western riverbank of the Connecticut River
B Access
Eagle Landing State Park can be accessed from the West following Route 9 to Exit 7(Rt
82 E) or from the East following Route 82 over the swing bridge
C Property Existing Conditions
The Eagle Landing property is approximately 16 acres and includes four (4) docks three
parking areas an access road a small outbuilding with a power supply and two butler-
style buildings in the northeastern corner of the property Approximately 20 acres on the
eastern portion of the site is flat and lies within the floodplain of the river It was
previously used as a parking area by the previous owner The parking lots are divided
into several distinct lots and are delineated by guardrails The lots can be gated off when
not in use During the spring thaw the property has had a history of being flooded in
areas for multiple days
The park has 1100 feet+ of frontage along the Connecticut River The Connecticut River
is navigable from Long Island Sound northward to Hartford Much of the Connecticut
River view shed is lined with trees and low-lying vegetation giving the river a
ldquowildernessrdquo feel The Connecticut River is the most popular recreational waterway in
Connecticut supporting thousands of cruising vessels and recreational boats and numerous
marinas It is also a very active commercial waterway with hundreds of barges traveling
Page 11 of 23
on the river supplying the fuel docks and tank farms with oil for the cities and towns in
the CT River Valley
The western portion of the property slopes upward to meet a rail line owned by the State
of Connecticut Department of Energy amp Environmental Protection and maintained and
operated by the Valley Railroad Company The Valley Railroad Company operates the
Essex Steam Train
The concession area is delineated by a yellow dashed line as shown on the attached
concession area map Beginning at the northern portion of the concession area the
following structuresinfrastructure are included in the concession contract One butler-
style building (westernmost butlerndashstyle building) Parking Lot 1 Docks1 and 2 use
of the access road use of small former ticket booth building with available power in the
successful proposerrsquos name and Dock 3
The area located to the south of the concession area is approximately 7+ acres but only 4
acres are developed The undeveloped parcel is proposed to become a public boat ramp
facility and is currently being analyzed for resource and engineering issues Included in
this parcel is Dock 4 and Parking Lots 2 and 3 While this property located to the
south of the concession area will not be part of the bid or agreement for Boat
DockingEducational purposes it will be offered to the successful proposer for use as a
docking facility under a short-term Special Use License This license will expire as soon
as construction on the boat ramp commences
It should be noted that the access road to the Eagle Landing property must be kept open
for access by the private residential properties to the south of Eagle Landing
D Existing Condition of Dock
A few minor repairs would help improve the condition of Docks 1 2 and 3 but all are
functioning and usable in their present condition Dock 4 which is not included in the
concession contract has sustained significant damage is not currently usable and is
considered a safety hazard The Concessionaire or Special Use License Holder would be
responsible to certify that the docks can safely secure the size vessel(s) to be used
throughout the duration of this concession The depth of the water on the river side of
the dock varies from 16 feet to 19 feet There is submerged aquatic vegetation between
the docks and the riverbank that may contain species of concern
Before the commencement of any dock maintenance activity to the 4 docks described
above DEEPrsquos Natural Diversity Data Base (NDDB shall be consulted and DEEPrsquos
Land amp Water Resources Division (LWRD) shall be contacted to determine if a permit is
required for such work
E Adjacent Uses
Northward The northern boundary of Eagle Landing State Park is a private home and
CT State Route 82 There is a fence between the State park and the private property The
Page 12 of 23
East Haddam Swing Bridge spans the Connecticut River just north of Dock 1 (See
Attachment D) Andrews Marina is situated on the north side of Route 82
Southward The southern boundary of Eagle Landing State Park is bounded by a
development of private cottages There is an unpaved road which provides residents of
these cottages access to their homes Vehicles utilizing the Boat Concession or the Boat
Ramp may not park along the shoulders of the road or block it in any way
F ZoningSurrounding Land Use
The Town of Haddam zoned this property as ldquoCommercialrdquo and also ldquoState Park amp
Forestrdquo Commercial Boating activities are permitted in the Commercial Zone Eagle
Landing State Park is bounded on both the north and south by a ldquoLow density
RuralResidential Zonerdquo The town recommends a vegetative buffer between Commercial
uses and Residential areas Overlying the entire parcel is the Federal Emergency
Management Administration (FEMA) 100-year Flood Plain zone FEMA requirements
must be applied to any new development so as not to exacerbate flooding events
G Connecticut River Gateway Commission
Eagle Landing lies within the CT River Gateway Conservation Zone
In 1973 the Connecticut General Assembly passed legislation allowing the establishment
of the Connecticut River Gateway Commission a state-local compact for the protection
of the Lower Connecticut River Valley Then and now this valley is widely recognized
as one of the most important natural recreational and scenic areas of the State of
Connecticut One year later in July 1974 the Commission became operational with the
Connecticut Department of Environmental Protection two regional planning agencies and
all eight eligible towns participating
The Gateway Conservation Zone which is the geographic focus of the Commissions
activities is approximately thirty miles in length and includes those portions of the eight
member towns (Chester Deep River East Haddam Essex Haddam Lyme Old Lyme
Old Saybrook) lying within view of the river In recent years it has become an area of
interest for a number of other environmental organizations as well The Nature
Conservancy has designated the Connecticut River Tidelands as one of its Last Great
Places the Connecticut Department of Energy amp Environmental Protection has obtained
the recognition of the rivers tidelands as internationally significant wetlands under the
terms of the International Ramsar Convention the Secretary of the US Department of
Interior has publicly recognized the lower Connecticut River valley as one of the most
important ecological landscapes in the United States and in 1999 the River was
designated as one of 14 American Heritage Rivers by the President of the United States
The mission of this Commission given to it by the Connecticut General Assembly nearly
two decades ago is to preserve the unique scenic ecological scientific and historic
values of the lower Connecticut River valley for the enjoyment of present and future
generations of Connecticut citizens
Page 13 of 23
Development beyond what has previously been permitted must be reviewed by the
Gateway Commission to ensure that it meets the mission and goals of the Gateway
Commission
H Limitations on the Site
A Hours of Operation Hours of Operation of the Concession shall be limited to Sunrise
until 200AM (0200 Hrs)
B Overnight Parking All vehicles must vacate the property by 200 AM (0200Hrs)
C Alcohol Service will be limited to the vessel No alcohol service shall be allowed on
the docks or in other locations on the property
D Amplified sound (bands DJ etc) with the exception of safety instructions shall
not commence until vessels have departed from the dock and must cease prior to final
docking
E Concession shall not sublet any part of the property unless approved by the
Department of Energy amp Environmental Protection
F No new structures shall be erected and no maintenance shall be done to the existing
docks unless approved in writing by the Commissioner or Designee of the
Department of Energy amp Environmental Protection and all applicable permits have
been obtained
Page 14 of 23
Maps of Site
Page 15 of 23
Page 16 of 23
LETTER OF INTENT TO SUBMIT A PROPOSAL
State of Connecticut
Department of Energy amp Environmental Protection
RFP for Eagle Landing State Park
Return to Tenia Seay
Department of Energy amp Environmental Protection
Bureau of Outdoor Recreation
79 Elm Street
Hartford CT 06106-5127
860-424-3064 (Phone)
860-424-4070 (FAX)
Return Deadline 400 pm July 20 2020
The individual firm or corporation below intends to submit a proposal in response to the above referenced RFP
Note This letter is a non-binding expression of interest and does not obligate the sender to submit a proposal
The individual firm or corporation below has reviewed and if selected accepts the agencyrsquos standard contract and
conditions (provided in the RFP) in their entirety and without amendment
Name
Mailing Address
Contact Person
Telephone
FAX
Signature
Title Date
Page 17 of 23
STATE OF CONNECTICUT
DEPARTMENT OF ENERGY AND ENVIRONMENTAL PROTECTION
BUREAU OF OUTDOOR RECREATION AND
CONNECTICUT STATE PARK AND FOREST RECREATION AREA
MOBILE FOOD AND BEVERAGE CONCESSION
THIS CONTRACT is made by and between the STATE OF CONNECTICUT acting herein by
the Commissioner of the Department of Energy and Environmental Protection hereinafter referred
to as Commissionerrdquo or DEEP or ldquoStaterdquo and [Insert Concessionaire] of the Town of
Waterbury and the state of Connecticut hereinafter referred to as the Concessionaire or
ldquoContractorrdquo
WITNESSETH
WHEREAS the Commissioner of Energy and Environmental Protection pursuant to Conn Gen
Stat 23-26 has the authority to enter into contractual relations with persons for the maintenance
of concessions and other sources of revenue to be derived from services to the general public using
state parks and
WHEREAS the Concessionaire desires to operate a Mobile Food and Beverage Concession
Service and render services to the public at
[Insert Name of Location]
NOW THEREFORE it is hereby agreed as follows
1 Mobile Food and Beverage Concession Service The Concessionaire agrees to operate a
Mobile Food and Beverage Concession Service at the above noted facility The Concessionaire
is responsible for all work included in this Contract Details regarding the Scope of Work are
included in Attachment A which is attached hereto and is hereby made a part of this contract
2 Duration The Commissioner hereby grants to the Concessionaire the exclusive right to
operate the above Mobile Food and Beverage Concession Service at the location identified for
the period commencing upon contract execution through [insert expiration date] At the
Commissionerrsquos sole discretion this contract may be renewed for up to [Insert number] years
without further competition
3 Payment In consideration of said rights and privileges the Concessionaire agrees to pay a
total of [insert amount] to the State of Connecticut due by [insert date] Payments shall be
made by check draft or money order payable to Treasurer State of Connecticut and
delivered or mailed to the Department of Energy and Environmental Protection Accounts
Receivable 79 Elm Street Hartford Connecticut 06106-5127
4 Nondisclosure Contactor shall not release any information concerning the services provided
pursuant to the Contract or any part thereof to any member of the public press business entity
or any official body unless prior written consent is obtained from the State
Page 18 of 23
STANDARD TERMS AND CONDITIONS (Rev 8302019)
1 Definitions
(a) State The State of Connecticut including the Department of Energy and Environmental Protection and
any office department board council commission institution or other agency of the State
(b) Commissioner The Commissioner of Energy and Environmental Protection or the Commissionerrsquos
designated agent
(c) Parties The Department of Energy and Environmental Protection (DEEP or Agency) and the Contractor
(d) Contractor Parties Contractor Parties shall be defined as a Contractorrsquos members directors officers
shareholders partners managers principal officers representatives agents servants consultants employees
or any one of them or any other person or entity with whom the Contractor is in privity of oral or written
contract and the Contractor intends for such other person or entity to Perform under the Contract in any
capacity To the extent that any Contractor Party is to participate or Perform in any way directly or indirectly
in connection with the Contract any reference in the Contract to the ldquoContractorrdquo shall also be deemed to
include ldquoContractor Partiesrdquo as if such reference had originally specifically included ldquoContractor Partiesrdquo
since it is the Partiesrsquo intent for the terms ldquoContractor Partiesrdquo to be vested with the same respective rights
and obligations as the terms ldquoContractorrdquo
(e) Contract This agreement as of its Effective Date between the Contractor and the State for any or all
goods or services as more particularly described in Appendix A
(f) Execution This contract shall be fully executed when it has been signed by authorized representatives
of the parties and if it is for an amount of Twenty-five thousand dollars ($2500000) or more by the
authorized representative of the state Attorney Generals office
(g) Exhibits All attachments appendices or exhibits referred to in and attached to this Contract are
incorporated in this Contract by such reference and shall be deemed to be a part of it as if they had been fully
set forth in it
(h) Records For the purposes of this Contract records are defined as all working papers and such other
information and materials as may have been accumulated by the Contractor in performing the Contract
including but not limited to documents data plans books computations drawings specifications notes
reports records estimates summaries and correspondence kept or stored in any form
(i) Confidential Information Confidential Information shall mean any name number or other information
that may be used alone or in conjunction with any other information to identify a specific individual
including but not limited to such individuals name date of birth mothers maiden name motor vehicle
operators license number Social Security number employee identification number employer or taxpayer
identification number alien registration number government passport number health insurance
identification number demand deposit account number savings account number credit card number debit
card number or unique biometric data such as fingerprint voice print retina or iris image or other unique
physical representation Without limiting the foregoing Confidential Information shall also include any
information that the Department classifies as ldquoconfidentialrdquo or ldquorestrictedrdquo Confidential Information shall
not include information that may be lawfully obtained from publicly available sources or from federal state
or local government records which are lawfully made available to the general public
(j) Confidential Information Breach Confidential Information Breach shall mean generally an instance
where an unauthorized person or entity accesses Confidential Information in any manner including but not
limited to the following occurrences (1) any Confidential Information that is not encrypted or protected is
misplaced lost stolen or in any way compromised (2) one or more third parties have had access to or taken
control or possession of any Confidential Information that is not encrypted or protected without prior written
authorization from the State (3) the unauthorized acquisition of encrypted or protected Confidential
Information together with the confidential process or key that is capable of compromising the integrity of the
Confidential Information or (4) if there is a substantial risk of identity theft or fraud to the client the
Contractor the Department or State
Page 19 of 23
(k) Claim Claim shall mean all actions suits claims demands investigations and proceedings of any kind
open pending or threatened whether mature unmatured contingent known or unknown at law or in equity
in any forum
2 Forum and Choice of Law The parties deem the Contract to have been made in the City of Hartford State of
Connecticut Both parties agree that it is fair and reasonable for the validity and construction of the Contract
to be and it shall be governed by the laws and court decisions of the State of Connecticut without giving effect
to its principles of conflicts of laws To the extent that any immunities provided by Federal law or the laws of
the State of Connecticut do not bar an action against the State and to the extent that these courts are courts of
competent jurisdiction for the purpose of venue the complaint shall be made returnable to the Judicial District
of Hartford only or shall be brought in the United States District Court for the District of Connecticut only and
shall not be transferred to any other court provided however that nothing here constitutes a waiver or
compromise of the sovereign immunity of the State of Connecticut The Contractor waives any objection which
it may now have or will have to the laying of venue of any Claims in any forum and further irrevocably submits
to such jurisdiction in any suit action or proceeding
3 Termination
(a) Notwithstanding any provisions in this Contract the Agency through a duly authorized employee may
Terminate the Contract whenever the Agency makes a written determination that such Termination is in
the best interests of the State The Agency shall notify the Contractor in writing of Termination pursuant
to this section which notice shall specify the effective date of Termination and the extent to which the
Contractor must complete its Performance under the Contract prior to such date
(b) Notwithstanding any provisions in this Contract the Agency through a duly authorized employee may
after making a written determination that the Contractor has breached the Contract Terminate the
Contract in accordance with the provisions in the Breach section of this Contract
(c) The Agency shall send the notice of Termination via certified mail return receipt requested to the
Contractor at the most current address which the Contractor has furnished to the Agency for purposes of
correspondence or by hand delivery Upon receiving the notice from the Agency the Contractor shall
immediately discontinue all services affected in accordance with the notice undertake all commercially
reasonable efforts to mitigate any losses or damages and deliver to the Agency all Records The Records
are deemed to be the property of the Agency and the Contractor shall deliver them to the Agency no later
than thirty (30) days after the Termination of the Contract or fifteen (15) days after the Contractor
receives a written request from the Agency for the Records The Contractor shall deliver those Records
that exist in electronic magnetic or other intangible form in a non-proprietary format such as but not
limited to ASCII or TXT
(d) Upon receipt of a written notice of Termination from the Agency the Contractor shall cease operations
as the Agency directs in the notice and take all actions that are necessary or appropriate or that the
Agency may reasonably direct for the protection and preservation of the Goods and any other property
Except for any work which the Agency directs the Contractor to Perform in the notice prior to the
effective date of Termination and except as otherwise provided in the notice the Contractor shall
terminate or conclude all existing subcontracts and purchase orders and shall not enter into any further
subcontracts purchase orders or commitments
(e) The Agency shall within forty-five (45) days of the effective date of Termination reimburse the
Contractor for its Performance rendered and accepted by the Agency in addition to all actual and
reasonable costs incurred after Termination in completing those portions of the Performance which the
notice required the Contractor to complete However the Contractor is not entitled to receive and the
Agency is not obligated to tender to the Contractor any payments for anticipated or lost profits Upon
request by the Agency the Contractor shall assign to the Agency or any replacement contractor which
the Agency designates all subcontracts purchase orders and other commitments deliver to the Agency
all Records and other information pertaining to its Performance and remove from State premises
whether leased or owned all of Contractorrsquos property equipment waste material and rubbish related to
its Performance all as the Agency may request
(f) For breach or violation of any of the provisions in the section concerning Representations and
Warranties the Agency may Terminate the Contract in accordance with its terms and revoke any
consents to assignments given as if the assignments had never been requested or consented to without
liability to the Contractor or Contractor Parties or any third party
(g) Upon Termination of the Contract all rights and obligations shall be null and void so that no party shall
Page 20 of 23
have any further rights or obligations to any other party except with respect to the sections which survive
Termination All representations warranties agreements and rights of the parties under the Contract
shall survive such Termination to the extent not otherwise limited in the Contract and without each one
of them having to be specifically mentioned in the Contract
(h) Termination of the Contract pursuant to this section shall not be deemed to be a breach of contract by
the Agency
4 Indemnification
(a) The Contractor shall indemnify defend and hold harmless the State and its officers representatives
agents servants employees successors and assigns from and against any and all (1) Claims arising
directly or indirectly in connection with the Contract including the acts of commission or omission
(collectively the Acts) of the Contractor or Contractor Parties and (2) liabilities damages losses
costs and expenses including but not limited to attorneys and other professionals fees arising directly
or indirectly in connection with Claims Acts or the Contract The Contractor shall use counsel
reasonably acceptable to the State in carrying out its obligations under this section The Contractorrsquos
obligations under this section to indemnify defend and hold harmless against Claims includes Claims
concerning confidentiality of any part of or all of the Contractorrsquos bid proposal or any Records any
intellectual property rights other proprietary rights of any person or entity copyrighted or uncopyrighted
compositions secret processes patented or unpatented inventions articles or appliances furnished or
used in the Performance
(b) The Contractor shall not be responsible for indemnifying or holding the State harmless from any liability
arising due to the negligence of the State or any other person or entity acting under the direct control or
supervision of the State
(c) The Contractor shall reimburse the State for any and all damages to the real or personal property of the
State caused by the Acts of the Contractor or any Contractor Parties The State shall give the Contractor
reasonable notice of any such Claims
(d) The Contractorrsquos duties under this section shall remain fully in effect and binding in accordance with the
terms and conditions of the Contract without being lessened or compromised in any way even where
the Contractor is alleged or is found to have merely contributed in part to the Acts giving rise to the
Claims andor where the State is alleged or is found to have contributed to the Acts giving rise to the
Claims
(e) The Contractor shall carry and maintain at all times during the term of the Contract and during the time
that any provisions survive the term of the Contract sufficient general liability insurance to satisfy its
obligations under this Contract The Contractor shall cause the State to be named as an additional insured
on the policy and shall provide (1) a certificate of insurance (2) the declaration page and (3) the
additional insured endorsement to the policy to the State and the Client Agency all in an electronic format
acceptable to the State prior to the Effective Date of the Contract evidencing that the State is an additional
insured The Contractor shall not begin Performance until the delivery of these three documents to the
Client Agency Contractor shall provide an annual electronic update of the three documents to the Client
Agency and the State on or before each anniversary of the Effective Date during the Contract term State
shall be entitled to recover under the insurance policy even if a body of competent jurisdiction determines
that State is contributorily negligent
(f) This section shall survive the Termination of the Contract and shall not be limited by reason of any
insurance coverage
5 Sovereign Immunity The parties acknowledge and agree that nothing in the Solicitation or the Contract shall
be construed as a modification compromise or waiver by the State of any rights or defenses of any immunities
provided by Federal law or the laws of the State of Connecticut to the State or any of its officers and employees
which they may have had now have or will have with respect to all matters arising out of the Contract To the
extent that this section conflicts with any other section this section shall govern
6 Protection of Confidential Information Contractor and Contractor Parties at their own expense have a duty to
and shall protect from a Confidential Information Breach any and all Confidential Information which they come
to possess or control wherever and however stored or maintained in a commercially reasonable manner in
accordance with current industry standards
(b) Each Contractor or Contractor Party shall develop implement and maintain a comprehensive data -
security program for the protection of Confidential Information The safeguards contained in such
Page 21 of 23
program shall be consistent with and comply with the safeguards for protection of Confidential
Information and information of a similar character as set forth in all applicable federal and state law
and written policy of the Agency or State concerning the confidentiality of Confidential Information
Such data-security program shall include but not be limited to the following
(1) A security policy for employees related to the storage access and transportation of data containing
Confidential Information
(2) Reasonable restrictions on access to records containing Confidential Information including access
to any locked storage where such records are kept
(3) A process for reviewing policies and security measures at least annually
(4) Creating secure access controls to Confidential Information including but not limited to passwords
and
(5) Encrypting of Confidential Information that is stored on laptops portable devices or being
transmitted electronically
(c) The Contractor and Contractor Parties shall notify the Agency and the Connecticut Office of the Attorney
General as soon as practical but no later than twenty-four (24) hours after they become aware of or
suspect that any Confidential Information which Contractor or Contractor Parties have come to possess
or control has been subject to a Confidential Information Breach If a Confidential Information Breach
has occurred the Contractor shall within three (3) business days after the notification present a credit
monitoring and protection plan to the Commissioner of Administrative Services the Agency and the
Connecticut Office of the Attorney General for review and approval Such credit monitoring or
protection plan shall be made available by the Contractor at its own cost and expense to all individuals
affected by the Confidential Information Breach Such credit monitoring or protection plan shall include
but is not limited to reimbursement for the cost of placing and lifting one (1) security freeze per credit
file pursuant to Connecticut General Statutes sect 36a-701a Such credit monitoring or protection plans
shall be approved by the State in accordance with this Section and shall cover a length of time
commensurate with the circumstances of the Confidential Information Breach The Contractorsrsquo costs
and expenses for the credit monitoring and protection plan shall not be recoverable from the Agency
any State of Connecticut entity or any affected individuals
(d) The Contractor shall incorporate the requirements of this Section in all subcontracts requiring each
Contractor Party to safeguard Confidential Information in the same manner as provided for in this
Section
(e) Nothing in this Section shall supersede in any manner Contractorrsquos or Contractor Partyrsquos obligations
pursuant to HIPAA or the provisions of this Contract concerning the obligations of the Contractor as a
Business Associate of Covered Entity
7 Executive Orders This Contract is subject to the provisions of Executive Order No Three of Governor Thomas
J Meskill promulgated June 16 1971 concerning labor employment practices Executive Order No Seventeen
of Governor Thomas J Meskill promulgated February 15 1973 concerning the listing of employment
openings and Executive Order No Sixteen of Governor John G Rowland promulgated August 4 1999
concerning violence in the workplace all of which are incorporated into and are made a part of the Contract as
if they had been fully set forth in it The Contract may also be subject to Executive Order No 14 of Governor
M Jodi Rell promulgated April 17 2006 concerning procurement of cleaning products and services and to
Executive Order No 49 of Governor Dannel P Malloy promulgated May 22 2015 mandating disclosure of
certain gifts to public employees and contributions to certain candidates for office If Executive Order 14 andor
Executive Order 49 are applicable they are deemed to be incorporated into and are made a part of the Contract
as if they had been fully set forth in it At the Contractorrsquos request the Client Agency or DAS shall provide a
copy of these orders to the Contractor
8 State Liability The State of Connecticut shall assume no liability for payment for services under the terms of
this agreement until the contractor is notified that this agreement has been accepted by the contracting agency
and if applicable approved by the Office of Policy and Management (OPM) or the Department of
Administrative Services (DAS) and by the Attorney General of the State of Connecticut
9 Distribution of Materials The Contractor shall obtain written approval from the Commissioner prior to the
distribution or publication of any materials prepared under the terms of this Contract Such approval shall not
be unreasonably withheld
10 Change in Principal Project Staff Any changes in the principal project staff must be requested in writing and
approved in writing by the Commissioner at the Commissionerrsquos sole discretion In the event of any
Page 22 of 23
unapproved change in principal project staff the Commissioner may in the Commissionerrsquos sole discretion
terminate this Contract
11 Further Assurances The Parties shall provide such information execute and deliver any instruments and
documents and take such other actions as may be necessary or reasonably requested by the other Party which
are not inconsistent with the provisions of this Contract and which do not involve the vesting of rights or
assumption of obligations other than those provided for in the Contract in order to give full effect to the
Contract and to carry out the intent of the Contract
12 Third Party Participation The Contractor may make sub-awards using either its own competitive selection
process or the values established in the statersquos competitive selection process as outlined in DAS General Letter
71 whichever is more restrictive to conduct any of the tasks in the Scope of Work contained in Appendix A
The Contractor shall advise the Commissioner of the proposed sub-awardee and the amount allocated at least
two (2) weeks prior to the making of such awards The Commissioner reserves the right to disapprove such
awards if they appear to be inconsistent with the program activities to be conducted under this grant As
required by Sec 46a-68j-23 of the Connecticut Regulations of State Agencies the Contractor must make a good
faith effort based upon the availability of minority business enterprises in the labor market area to award a
reasonable proportion of all subcontracts to such enterprises When minority business enterprises are selected
the Contractor shall provide DEEP with a copy of the Affidavit for Certification of Subcontractors as Minority
Business Enterprises (MBE) along with a copy of the purchase order or contract engaging the Subcontractor
The Contractor shall be the sole point of contact concerning the management of the Contract including
performance and payment issues The Contractor is solely and completely responsible for adherence by any
subcontractor to all the applicable provisions of the Contract
13 Americans with Disabilities Act The Contractor shall be and remain in compliance with the Americans with
Disabilities Act of 1990 (ldquoActrdquo) to the extent applicable during the term of the Contract The DEEP may
cancel the Contract if the Contractor fails to comply with the Act
14 Affirmative Action and Sexual Harassment Policies The Contractor agrees to comply with the Departments
Affirmative Action and Sexual Harassment Policies available on DEEPrsquos web site Hard copies of the policy
statements are available upon request at DEEP
15 Breach If either Party breaches the Contract in any respect the non-breaching Party shall provide written
notice of the breach to the breaching Party and afford the breaching Party an opportunity to cure within ten (10)
days from the date that the breaching Party receives the notice In the case of a Contractor breach any other
time period which the Agency sets forth in the notice shall trump the ten (10) days The right to cure period
shall be extended if the non-breaching Party is satisfied that the breaching Party is making a good faith effort
to cure but the nature of the breach is such that it cannot be cured within the right to cure period The notice
may include an effective Contract Termination date if the breach is not cured by the stated date and unless
otherwise modified by the non-breaching Party in writing prior to the Termination date no further action shall
be required of any Party to effect the Termination as of the stated date If the notice does not set forth an
effective Contract Termination date then the non-breaching Party may Terminate the Contract by giving the
breaching Party no less than twenty four (24) hours prior written notice If the Agency believes that the
Contractor has not performed according to the Contract the Agency may withhold payment in whole or in part
pending resolution of the Performance issue provided that the Agency notifies the Contractor in writing prior
to the date that the payment would have been due
16 Severability If any term or provision of the Contract or its application to any person entity or circumstance
shall to any extent be held to be invalid or unenforceable the remainder of the Contract or the application of
such term or provision shall not be affected as to persons entities or circumstances other than those as to whom
or to which it is held to be invalid or unenforceable Each remaining term and provision of the Contract shall
be valid and enforced to the fullest extent possible by law
17 The Town Guarantee The Town shall furnish adequate protection from damage for all work and to repair any
damage of any kind for which he or his workmen are responsible to premises or any equipment to his own
work or to the work of the Agency pay for all permits licenses and fees and to give all notices and comply
with all laws ordinances rules and regulations of the city state and federal government
18 Force Majeure The Parties shall not be excused from their obligation to perform in accordance with the
Contract except in the case of Force Majeure events and as otherwise provided for in the Contract A Force
Majeure event materially affects the cost of the Goods or Services or the time schedule for performance and is
outside the control nor caused by the Parties In the case of any such exception the nonperforming Party shall
give immediate written notice to the other explaining the cause and probable duration of any such
Page 23 of 23
nonperformance
19 Entirety of Contract The Contract is the entire agreement between the Parties with respect to its subject matter
and supersedes all prior agreements proposals offers counteroffers and understandings of the Parties whether
written or oral The Contract has been entered into after full investigation neither Party relying upon any
statement or representation by the other unless such statement or representation is specifically embodied in the
Contract
20 Interpretation The Contract contains numerous references to statutes and regulations For purposes of
interpretation conflict resolution and otherwise the content of those statutes and regulations shall govern over
the content of the reference in the Contract to those statutes and regulations
A-1
Attachment A
Scope of Work
Mobile Food and Beverage Concession Services
1 Insurance The Concessionaire shall furnish evidence of insurance A Certificate of Insurance
covering each annual period of this contract shall reflect the following limits and shall be submitted
by the Concessionaire to the Department of Energy and Environmental Protection by April 1 of each
year this contract is in effect
a Commercial General Liability insurance providing a total limit of $1000000 for all damages
arising from bodily injury to or death of all persons in any accident or occurrence and for all
damages arising from the destruction of or damage to property in any one accident or occurrence
In cases where any insurance policy shows an aggregate limit the aggregate shall apply solely to
the concession operation or the aggregate limit shall be not less than $2000000
b The operation of all motor vehicles including those hired or borrowed used in connection with
this contract shall be covered by Automobile Liability insurance providing for a total limit of
$1000000 for all damages arising from bodily injuries to or death of all persons in any one
accident or occurrence and for all damages arising from the destruction of or damage to property
in any one accident or occurrence In cases where any insurance policy shows an aggregate limit
the aggregate shall apply solely to the concession operation or the aggregate limit shall be not less
than $2000000
c The Concessionaire shall carry Workerrsquos Compensation insurance in accordance with the
requirements of the laws of the State of Connecticut
d Said coveragersquos are to be provided by insurance companies licensed by the State of Connecticut
e Any deductibles or self-insured retentions must be declared and approved by the State
f The State of Connecticut shall be listed as an Additional Insured on all required coverage
2 Commodities and Price List
a The Concessionaire shall be allowed to sell food and beverages as approved in advance by the
Commissioner
b The Concessionaire shall be allowed to sell souvenirs and other outdoor recreation related
merchandise hereinafter referred to collectively as merchandise as approved in advance by the
Commissioner
c By April 1 of each year that this contract is in effect the Concessionaire shall submit for approval
a price list of all foods beverages and merchandise for sale hereinafter referred to collectively as
commodities to the Department of Energy and Environmental Protection Bureau of Outdoor
Recreation Division of State Parks and Public Outreach 79 Elm Street Hartford CT 06106-5127
d Any price increases or additions of commodities are subject to the prior written approval of the
Commissioner
e The Concessionaire shall post a price list of all commodities for sale in full public view while in
operation
f Whenever the park name is used on merchandise the complete park name shall be used
g The Concessionaire warrants that all commodities offered for sale shall not exceed in price nor be
substandard in quality or quantity to like commodities sold in the surrounding community
A-2
3 Sunscreen All concession operations in a park having a designated swimming area shall have
sunscreen with a Sun Protection Factor (SPF) of at least 15 for adults and 45 for children available for
sale to the general public
4 Use of Biodegradable Products To the extent practicable the Concessionaire agrees to use
recyclable and biodegradable products and packaging in all of its operations ie paper products or
products containing recycled contents The Concessionaire agrees to not dispense food or beverages
in close-celled foam-based containers
5 Prohibitions The Concessionaire shall not
a dispense food or beverages in glass containers
b dispense alcoholic beverages
c sell snorkels beach balls rafts or other inflatable or buoyant devices except US Coast Guard
approved personal flotation devices (PFDs)
d permit gratuities to employees of the State of Connecticut
e provide video or pinball games
6 Hours of Operation
a The Concessionaire may operate the Concession daily between 800 am and sunset on any day
that this contract is in effect
b From the Saturday before Memorial Day through July 4th the Concessionaire shall open the
concession on Saturdays Sundays and holidays not later than 1100 am except during inclement
weather and the concession shall remain open at least until three hours before but not later than
sunset
c From July 4th through Labor Day the Concessionaire shall open the concession daily not later than
1100 am except during inclement weather and the concession shall remain open at least until
three hours before but not later than sunset
d Deviations from the above stated schedules are allowable but must receive advanced approval in
writing from the Park and Recreation Supervisor
e When closing due to inclement weather the Concessionaire shall immediately notify the Park and
Recreation Supervisor The Concessionaire shall keep in the concession vehicle at all times a log
of all closures due to inclement weather and it shall be immediately available to the Park and
Recreation Supervisor upon request for inspection
f Within 30 days of closing the concession for the season but in no case later than December 31 of
each calendar year that this contract is in effect the Concessionaire shall submit an Annual
Inclement Weather Closure Report to the Park and Recreation Supervisor
7 Health Department Inspections The Concessionaire is responsible for scheduling inspections by
the appropriate local health department prior to April 15th of each year this contract is in effect The
Concessionaire is responsible for and shall directly pay for any fees charged for such inspections
8 Health Department Permit The Concessionaire will annually obtain a ldquopermit to sellrdquo from the local
health department and submit a copy of said permit to the DEEP Division of State Parks amp Public
Outreach not later than April 30th of each year this contract is in effect Other Permits The
Concessionaire shall be solely responsible for securing any other licenses permits approvals or
waivers required by any other federal state regional or municipal authority having jurisdiction in the
town(s) in which the Concession is located
9 State Property The Concessionaire shall install no fixed equipment nor make any physical changes
to state property without the prior written approval of DEEP Any improvements or permanent fixtures
approved by the DEEP and provided by the Concessionaire during the term of this contract shall
immediately become the property of the State of Connecticut
A-3
10 Public Health Code The Concessionaire agrees to conform to the Public Health Code of the State of
Connecticut concerning the storage handling and vending of food
11 Refuse Disposal The Concessionaire at its sole expense shall be responsible for the proper disposal
and removal of all recyclables and trash generated by operation of the concession For additional
information see the DEEP website for Managing Waste and Recycling at Special Events and Other
Venues the direct URL address for which is
httpwwwctgovdepcwpviewaspa=2714ampq=434054ampdepNav_GID=1645
12 General Maintenance The Concessionaire shall be responsible for maintaining the Concession area
in a clean sanitary and orderly manner
13 Exclusivity With the exception of vending machines and commodities having prior written approval
for DEEP sanctioned events including but not limited to events authorized by a Special Use License
the Concessionaire shall have the exclusive right to sell commodities within the property named
herein
14 Vending Machines The State of Connecticut Board of Education and Services for the Blind (BESB)
shall have exclusive rights to vending machines on the premises of the concessions and other
authorized areas within the park or forest for the purpose of vending foods and beverages and to collect
receipts there from provided that the number and locations of such vending machines shall receive
prior written approval from a representative of the DEEP
15 Rights of Park Visitors The Concessionaire agrees that nothing contained in the terms of this
contract shall prevent visitors from bringing food to the park and preparing such food for personal
consumption including dispensing such food at no charge to other park visitors Park visitors may
also utilize private catering services with advanced written approval of the Park and Recreation
Supervisor Said catering services may only be permitted with the condition that no financial
transactions occur on DEEP property
16 Concession Staffing The concession shall be staffed only by the Concessionaire or its employee(s)
or other agents identified herein unless otherwise authorized by the Commissioner in writing
17 Code of Conduct Due to the public service nature of the Concession the Concessionaire and all
employees of the Concessionaire shall conduct themselves in a courteous respectful and professional
manner with all members of the public
18 Appearance The Concessionaire and its employees shall be clean and neat in appearance Wearing
an item of uniform eg a shirt hat or badge identifying the name of the Concessionaire employee or
business is encouraged
19 Audible Devices The Concessionaire shall activate audible devices (loudspeakers music bells etc)
only in accordance with instructions provided by the Park and Recreation Supervisor Instructions are
subject to change immediately at the discretion of the Park and Recreation Supervisor
20 Concession Location Unless authorized by the Park and Recreation Supervisor to do otherwise the
Concessionaire agrees to
a identify all park-and-sit locations or drive-through routes on a park map
b confine all concession operations to the designated Concession areas
c confine all sales and advertising to the concession vehicle
d provide garbage and recycling receptacles for customer use
21 Food Inspection An authorized representative of the Commissioner may conduct an unannounced
in-season food inspection once per calendar year Upon request the Concessionaire shall provide a
A-4
range of food and beverage items proportionate to one meal to the Commissionerrsquos
representative for food-tasting purposes
22 Financial Reporting Within 30 days of closing the Concession for the season but in no case
later than December 31 of each calendar year that this contract is in effect the Concessionaire
shall submit a certified statement of annual gross receipts attested to by a Notary Public or a
Commissioner of the Superior Court to Department of Energy and Environmental Protection
Bureau of Outdoor Recreation Division of State Parks and Public Outreach 79 Elm Street
Hartford CT 06106-5127
23 Revenue DEEP shall have no responsibility for revenue loss directly or indirectly attributable
to DEEP management actions including but not limited to changes in park or campground
schedules or operations or in services provided to the visiting public DEEP shall have no
responsibility for revenue loss directly or indirectly attributable to uncontrollable phenomena
including but not limited to attendance loss weather conditions or other Acts of God
24 Compliance The Concessionaire agrees to comply with the regulations of the Department of
Energy and Environmental Protection regarding State Park and Forest Recreation Areas and
with any other department policy concerning the operation of concessions
The parties have hereunto set their hands
SIGNED AND DELIVERED below
STATE OF CONNECTICUT
Department of Energy and Environmental
Protection
CONCESSIONAIRE
BY BY
Date Date
Contract ______________
Acct Fund SID DeptId Prog Project Bud
Ref Amount
Funds available Date
Attorney General (Approved as to Form) Date
Page 10 of 23
M Contractor shall interact with the United States Coast Guard (USCG) as required to
maintain the designation of the facility as a Public Access Facility including but not
limited to any periodic revalidation process requested by the USCG
12 Rights Reserved to DEEP
The DEEP reserves the right to award in part to reject any and all proposals in whole or in part
for misrepresentation or if the Proposer is in default of any prior State contract or if the
proposal limits or modifies any of the terms and conditions andor specifications of the RFP
The DEEP also reserves the right to waive technical defect irregularities and omissions if in
its judgment the best interest of DEEP will be served
DEEP reserves the right to correct inaccurate awards resulting from its clerical errors This
may include in extreme circumstances revoking the awarding of a contract already made to a
Proposer and subsequently awarding the contract to another Proposer Such action on the part
of DEEP shall not constitute a breach of contract on the part of DEEP since the contract with
the initial Proposer is deemed to be void from the beginning and of no effect as if no contract
ever existed between DEEP and the Proposer
13 Agencyrsquos Standard Contract and Conditions
The Proposer must accept DEEPrsquos standard contract language and conditions See Attachment
for Standard Contract Conditions
14 Park Descriptions
A Location
The Eagle Landing State Park property is located at 19 Bridge Road in Haddam
Connecticut and borders the western riverbank of the Connecticut River
B Access
Eagle Landing State Park can be accessed from the West following Route 9 to Exit 7(Rt
82 E) or from the East following Route 82 over the swing bridge
C Property Existing Conditions
The Eagle Landing property is approximately 16 acres and includes four (4) docks three
parking areas an access road a small outbuilding with a power supply and two butler-
style buildings in the northeastern corner of the property Approximately 20 acres on the
eastern portion of the site is flat and lies within the floodplain of the river It was
previously used as a parking area by the previous owner The parking lots are divided
into several distinct lots and are delineated by guardrails The lots can be gated off when
not in use During the spring thaw the property has had a history of being flooded in
areas for multiple days
The park has 1100 feet+ of frontage along the Connecticut River The Connecticut River
is navigable from Long Island Sound northward to Hartford Much of the Connecticut
River view shed is lined with trees and low-lying vegetation giving the river a
ldquowildernessrdquo feel The Connecticut River is the most popular recreational waterway in
Connecticut supporting thousands of cruising vessels and recreational boats and numerous
marinas It is also a very active commercial waterway with hundreds of barges traveling
Page 11 of 23
on the river supplying the fuel docks and tank farms with oil for the cities and towns in
the CT River Valley
The western portion of the property slopes upward to meet a rail line owned by the State
of Connecticut Department of Energy amp Environmental Protection and maintained and
operated by the Valley Railroad Company The Valley Railroad Company operates the
Essex Steam Train
The concession area is delineated by a yellow dashed line as shown on the attached
concession area map Beginning at the northern portion of the concession area the
following structuresinfrastructure are included in the concession contract One butler-
style building (westernmost butlerndashstyle building) Parking Lot 1 Docks1 and 2 use
of the access road use of small former ticket booth building with available power in the
successful proposerrsquos name and Dock 3
The area located to the south of the concession area is approximately 7+ acres but only 4
acres are developed The undeveloped parcel is proposed to become a public boat ramp
facility and is currently being analyzed for resource and engineering issues Included in
this parcel is Dock 4 and Parking Lots 2 and 3 While this property located to the
south of the concession area will not be part of the bid or agreement for Boat
DockingEducational purposes it will be offered to the successful proposer for use as a
docking facility under a short-term Special Use License This license will expire as soon
as construction on the boat ramp commences
It should be noted that the access road to the Eagle Landing property must be kept open
for access by the private residential properties to the south of Eagle Landing
D Existing Condition of Dock
A few minor repairs would help improve the condition of Docks 1 2 and 3 but all are
functioning and usable in their present condition Dock 4 which is not included in the
concession contract has sustained significant damage is not currently usable and is
considered a safety hazard The Concessionaire or Special Use License Holder would be
responsible to certify that the docks can safely secure the size vessel(s) to be used
throughout the duration of this concession The depth of the water on the river side of
the dock varies from 16 feet to 19 feet There is submerged aquatic vegetation between
the docks and the riverbank that may contain species of concern
Before the commencement of any dock maintenance activity to the 4 docks described
above DEEPrsquos Natural Diversity Data Base (NDDB shall be consulted and DEEPrsquos
Land amp Water Resources Division (LWRD) shall be contacted to determine if a permit is
required for such work
E Adjacent Uses
Northward The northern boundary of Eagle Landing State Park is a private home and
CT State Route 82 There is a fence between the State park and the private property The
Page 12 of 23
East Haddam Swing Bridge spans the Connecticut River just north of Dock 1 (See
Attachment D) Andrews Marina is situated on the north side of Route 82
Southward The southern boundary of Eagle Landing State Park is bounded by a
development of private cottages There is an unpaved road which provides residents of
these cottages access to their homes Vehicles utilizing the Boat Concession or the Boat
Ramp may not park along the shoulders of the road or block it in any way
F ZoningSurrounding Land Use
The Town of Haddam zoned this property as ldquoCommercialrdquo and also ldquoState Park amp
Forestrdquo Commercial Boating activities are permitted in the Commercial Zone Eagle
Landing State Park is bounded on both the north and south by a ldquoLow density
RuralResidential Zonerdquo The town recommends a vegetative buffer between Commercial
uses and Residential areas Overlying the entire parcel is the Federal Emergency
Management Administration (FEMA) 100-year Flood Plain zone FEMA requirements
must be applied to any new development so as not to exacerbate flooding events
G Connecticut River Gateway Commission
Eagle Landing lies within the CT River Gateway Conservation Zone
In 1973 the Connecticut General Assembly passed legislation allowing the establishment
of the Connecticut River Gateway Commission a state-local compact for the protection
of the Lower Connecticut River Valley Then and now this valley is widely recognized
as one of the most important natural recreational and scenic areas of the State of
Connecticut One year later in July 1974 the Commission became operational with the
Connecticut Department of Environmental Protection two regional planning agencies and
all eight eligible towns participating
The Gateway Conservation Zone which is the geographic focus of the Commissions
activities is approximately thirty miles in length and includes those portions of the eight
member towns (Chester Deep River East Haddam Essex Haddam Lyme Old Lyme
Old Saybrook) lying within view of the river In recent years it has become an area of
interest for a number of other environmental organizations as well The Nature
Conservancy has designated the Connecticut River Tidelands as one of its Last Great
Places the Connecticut Department of Energy amp Environmental Protection has obtained
the recognition of the rivers tidelands as internationally significant wetlands under the
terms of the International Ramsar Convention the Secretary of the US Department of
Interior has publicly recognized the lower Connecticut River valley as one of the most
important ecological landscapes in the United States and in 1999 the River was
designated as one of 14 American Heritage Rivers by the President of the United States
The mission of this Commission given to it by the Connecticut General Assembly nearly
two decades ago is to preserve the unique scenic ecological scientific and historic
values of the lower Connecticut River valley for the enjoyment of present and future
generations of Connecticut citizens
Page 13 of 23
Development beyond what has previously been permitted must be reviewed by the
Gateway Commission to ensure that it meets the mission and goals of the Gateway
Commission
H Limitations on the Site
A Hours of Operation Hours of Operation of the Concession shall be limited to Sunrise
until 200AM (0200 Hrs)
B Overnight Parking All vehicles must vacate the property by 200 AM (0200Hrs)
C Alcohol Service will be limited to the vessel No alcohol service shall be allowed on
the docks or in other locations on the property
D Amplified sound (bands DJ etc) with the exception of safety instructions shall
not commence until vessels have departed from the dock and must cease prior to final
docking
E Concession shall not sublet any part of the property unless approved by the
Department of Energy amp Environmental Protection
F No new structures shall be erected and no maintenance shall be done to the existing
docks unless approved in writing by the Commissioner or Designee of the
Department of Energy amp Environmental Protection and all applicable permits have
been obtained
Page 14 of 23
Maps of Site
Page 15 of 23
Page 16 of 23
LETTER OF INTENT TO SUBMIT A PROPOSAL
State of Connecticut
Department of Energy amp Environmental Protection
RFP for Eagle Landing State Park
Return to Tenia Seay
Department of Energy amp Environmental Protection
Bureau of Outdoor Recreation
79 Elm Street
Hartford CT 06106-5127
860-424-3064 (Phone)
860-424-4070 (FAX)
Return Deadline 400 pm July 20 2020
The individual firm or corporation below intends to submit a proposal in response to the above referenced RFP
Note This letter is a non-binding expression of interest and does not obligate the sender to submit a proposal
The individual firm or corporation below has reviewed and if selected accepts the agencyrsquos standard contract and
conditions (provided in the RFP) in their entirety and without amendment
Name
Mailing Address
Contact Person
Telephone
FAX
Signature
Title Date
Page 17 of 23
STATE OF CONNECTICUT
DEPARTMENT OF ENERGY AND ENVIRONMENTAL PROTECTION
BUREAU OF OUTDOOR RECREATION AND
CONNECTICUT STATE PARK AND FOREST RECREATION AREA
MOBILE FOOD AND BEVERAGE CONCESSION
THIS CONTRACT is made by and between the STATE OF CONNECTICUT acting herein by
the Commissioner of the Department of Energy and Environmental Protection hereinafter referred
to as Commissionerrdquo or DEEP or ldquoStaterdquo and [Insert Concessionaire] of the Town of
Waterbury and the state of Connecticut hereinafter referred to as the Concessionaire or
ldquoContractorrdquo
WITNESSETH
WHEREAS the Commissioner of Energy and Environmental Protection pursuant to Conn Gen
Stat 23-26 has the authority to enter into contractual relations with persons for the maintenance
of concessions and other sources of revenue to be derived from services to the general public using
state parks and
WHEREAS the Concessionaire desires to operate a Mobile Food and Beverage Concession
Service and render services to the public at
[Insert Name of Location]
NOW THEREFORE it is hereby agreed as follows
1 Mobile Food and Beverage Concession Service The Concessionaire agrees to operate a
Mobile Food and Beverage Concession Service at the above noted facility The Concessionaire
is responsible for all work included in this Contract Details regarding the Scope of Work are
included in Attachment A which is attached hereto and is hereby made a part of this contract
2 Duration The Commissioner hereby grants to the Concessionaire the exclusive right to
operate the above Mobile Food and Beverage Concession Service at the location identified for
the period commencing upon contract execution through [insert expiration date] At the
Commissionerrsquos sole discretion this contract may be renewed for up to [Insert number] years
without further competition
3 Payment In consideration of said rights and privileges the Concessionaire agrees to pay a
total of [insert amount] to the State of Connecticut due by [insert date] Payments shall be
made by check draft or money order payable to Treasurer State of Connecticut and
delivered or mailed to the Department of Energy and Environmental Protection Accounts
Receivable 79 Elm Street Hartford Connecticut 06106-5127
4 Nondisclosure Contactor shall not release any information concerning the services provided
pursuant to the Contract or any part thereof to any member of the public press business entity
or any official body unless prior written consent is obtained from the State
Page 18 of 23
STANDARD TERMS AND CONDITIONS (Rev 8302019)
1 Definitions
(a) State The State of Connecticut including the Department of Energy and Environmental Protection and
any office department board council commission institution or other agency of the State
(b) Commissioner The Commissioner of Energy and Environmental Protection or the Commissionerrsquos
designated agent
(c) Parties The Department of Energy and Environmental Protection (DEEP or Agency) and the Contractor
(d) Contractor Parties Contractor Parties shall be defined as a Contractorrsquos members directors officers
shareholders partners managers principal officers representatives agents servants consultants employees
or any one of them or any other person or entity with whom the Contractor is in privity of oral or written
contract and the Contractor intends for such other person or entity to Perform under the Contract in any
capacity To the extent that any Contractor Party is to participate or Perform in any way directly or indirectly
in connection with the Contract any reference in the Contract to the ldquoContractorrdquo shall also be deemed to
include ldquoContractor Partiesrdquo as if such reference had originally specifically included ldquoContractor Partiesrdquo
since it is the Partiesrsquo intent for the terms ldquoContractor Partiesrdquo to be vested with the same respective rights
and obligations as the terms ldquoContractorrdquo
(e) Contract This agreement as of its Effective Date between the Contractor and the State for any or all
goods or services as more particularly described in Appendix A
(f) Execution This contract shall be fully executed when it has been signed by authorized representatives
of the parties and if it is for an amount of Twenty-five thousand dollars ($2500000) or more by the
authorized representative of the state Attorney Generals office
(g) Exhibits All attachments appendices or exhibits referred to in and attached to this Contract are
incorporated in this Contract by such reference and shall be deemed to be a part of it as if they had been fully
set forth in it
(h) Records For the purposes of this Contract records are defined as all working papers and such other
information and materials as may have been accumulated by the Contractor in performing the Contract
including but not limited to documents data plans books computations drawings specifications notes
reports records estimates summaries and correspondence kept or stored in any form
(i) Confidential Information Confidential Information shall mean any name number or other information
that may be used alone or in conjunction with any other information to identify a specific individual
including but not limited to such individuals name date of birth mothers maiden name motor vehicle
operators license number Social Security number employee identification number employer or taxpayer
identification number alien registration number government passport number health insurance
identification number demand deposit account number savings account number credit card number debit
card number or unique biometric data such as fingerprint voice print retina or iris image or other unique
physical representation Without limiting the foregoing Confidential Information shall also include any
information that the Department classifies as ldquoconfidentialrdquo or ldquorestrictedrdquo Confidential Information shall
not include information that may be lawfully obtained from publicly available sources or from federal state
or local government records which are lawfully made available to the general public
(j) Confidential Information Breach Confidential Information Breach shall mean generally an instance
where an unauthorized person or entity accesses Confidential Information in any manner including but not
limited to the following occurrences (1) any Confidential Information that is not encrypted or protected is
misplaced lost stolen or in any way compromised (2) one or more third parties have had access to or taken
control or possession of any Confidential Information that is not encrypted or protected without prior written
authorization from the State (3) the unauthorized acquisition of encrypted or protected Confidential
Information together with the confidential process or key that is capable of compromising the integrity of the
Confidential Information or (4) if there is a substantial risk of identity theft or fraud to the client the
Contractor the Department or State
Page 19 of 23
(k) Claim Claim shall mean all actions suits claims demands investigations and proceedings of any kind
open pending or threatened whether mature unmatured contingent known or unknown at law or in equity
in any forum
2 Forum and Choice of Law The parties deem the Contract to have been made in the City of Hartford State of
Connecticut Both parties agree that it is fair and reasonable for the validity and construction of the Contract
to be and it shall be governed by the laws and court decisions of the State of Connecticut without giving effect
to its principles of conflicts of laws To the extent that any immunities provided by Federal law or the laws of
the State of Connecticut do not bar an action against the State and to the extent that these courts are courts of
competent jurisdiction for the purpose of venue the complaint shall be made returnable to the Judicial District
of Hartford only or shall be brought in the United States District Court for the District of Connecticut only and
shall not be transferred to any other court provided however that nothing here constitutes a waiver or
compromise of the sovereign immunity of the State of Connecticut The Contractor waives any objection which
it may now have or will have to the laying of venue of any Claims in any forum and further irrevocably submits
to such jurisdiction in any suit action or proceeding
3 Termination
(a) Notwithstanding any provisions in this Contract the Agency through a duly authorized employee may
Terminate the Contract whenever the Agency makes a written determination that such Termination is in
the best interests of the State The Agency shall notify the Contractor in writing of Termination pursuant
to this section which notice shall specify the effective date of Termination and the extent to which the
Contractor must complete its Performance under the Contract prior to such date
(b) Notwithstanding any provisions in this Contract the Agency through a duly authorized employee may
after making a written determination that the Contractor has breached the Contract Terminate the
Contract in accordance with the provisions in the Breach section of this Contract
(c) The Agency shall send the notice of Termination via certified mail return receipt requested to the
Contractor at the most current address which the Contractor has furnished to the Agency for purposes of
correspondence or by hand delivery Upon receiving the notice from the Agency the Contractor shall
immediately discontinue all services affected in accordance with the notice undertake all commercially
reasonable efforts to mitigate any losses or damages and deliver to the Agency all Records The Records
are deemed to be the property of the Agency and the Contractor shall deliver them to the Agency no later
than thirty (30) days after the Termination of the Contract or fifteen (15) days after the Contractor
receives a written request from the Agency for the Records The Contractor shall deliver those Records
that exist in electronic magnetic or other intangible form in a non-proprietary format such as but not
limited to ASCII or TXT
(d) Upon receipt of a written notice of Termination from the Agency the Contractor shall cease operations
as the Agency directs in the notice and take all actions that are necessary or appropriate or that the
Agency may reasonably direct for the protection and preservation of the Goods and any other property
Except for any work which the Agency directs the Contractor to Perform in the notice prior to the
effective date of Termination and except as otherwise provided in the notice the Contractor shall
terminate or conclude all existing subcontracts and purchase orders and shall not enter into any further
subcontracts purchase orders or commitments
(e) The Agency shall within forty-five (45) days of the effective date of Termination reimburse the
Contractor for its Performance rendered and accepted by the Agency in addition to all actual and
reasonable costs incurred after Termination in completing those portions of the Performance which the
notice required the Contractor to complete However the Contractor is not entitled to receive and the
Agency is not obligated to tender to the Contractor any payments for anticipated or lost profits Upon
request by the Agency the Contractor shall assign to the Agency or any replacement contractor which
the Agency designates all subcontracts purchase orders and other commitments deliver to the Agency
all Records and other information pertaining to its Performance and remove from State premises
whether leased or owned all of Contractorrsquos property equipment waste material and rubbish related to
its Performance all as the Agency may request
(f) For breach or violation of any of the provisions in the section concerning Representations and
Warranties the Agency may Terminate the Contract in accordance with its terms and revoke any
consents to assignments given as if the assignments had never been requested or consented to without
liability to the Contractor or Contractor Parties or any third party
(g) Upon Termination of the Contract all rights and obligations shall be null and void so that no party shall
Page 20 of 23
have any further rights or obligations to any other party except with respect to the sections which survive
Termination All representations warranties agreements and rights of the parties under the Contract
shall survive such Termination to the extent not otherwise limited in the Contract and without each one
of them having to be specifically mentioned in the Contract
(h) Termination of the Contract pursuant to this section shall not be deemed to be a breach of contract by
the Agency
4 Indemnification
(a) The Contractor shall indemnify defend and hold harmless the State and its officers representatives
agents servants employees successors and assigns from and against any and all (1) Claims arising
directly or indirectly in connection with the Contract including the acts of commission or omission
(collectively the Acts) of the Contractor or Contractor Parties and (2) liabilities damages losses
costs and expenses including but not limited to attorneys and other professionals fees arising directly
or indirectly in connection with Claims Acts or the Contract The Contractor shall use counsel
reasonably acceptable to the State in carrying out its obligations under this section The Contractorrsquos
obligations under this section to indemnify defend and hold harmless against Claims includes Claims
concerning confidentiality of any part of or all of the Contractorrsquos bid proposal or any Records any
intellectual property rights other proprietary rights of any person or entity copyrighted or uncopyrighted
compositions secret processes patented or unpatented inventions articles or appliances furnished or
used in the Performance
(b) The Contractor shall not be responsible for indemnifying or holding the State harmless from any liability
arising due to the negligence of the State or any other person or entity acting under the direct control or
supervision of the State
(c) The Contractor shall reimburse the State for any and all damages to the real or personal property of the
State caused by the Acts of the Contractor or any Contractor Parties The State shall give the Contractor
reasonable notice of any such Claims
(d) The Contractorrsquos duties under this section shall remain fully in effect and binding in accordance with the
terms and conditions of the Contract without being lessened or compromised in any way even where
the Contractor is alleged or is found to have merely contributed in part to the Acts giving rise to the
Claims andor where the State is alleged or is found to have contributed to the Acts giving rise to the
Claims
(e) The Contractor shall carry and maintain at all times during the term of the Contract and during the time
that any provisions survive the term of the Contract sufficient general liability insurance to satisfy its
obligations under this Contract The Contractor shall cause the State to be named as an additional insured
on the policy and shall provide (1) a certificate of insurance (2) the declaration page and (3) the
additional insured endorsement to the policy to the State and the Client Agency all in an electronic format
acceptable to the State prior to the Effective Date of the Contract evidencing that the State is an additional
insured The Contractor shall not begin Performance until the delivery of these three documents to the
Client Agency Contractor shall provide an annual electronic update of the three documents to the Client
Agency and the State on or before each anniversary of the Effective Date during the Contract term State
shall be entitled to recover under the insurance policy even if a body of competent jurisdiction determines
that State is contributorily negligent
(f) This section shall survive the Termination of the Contract and shall not be limited by reason of any
insurance coverage
5 Sovereign Immunity The parties acknowledge and agree that nothing in the Solicitation or the Contract shall
be construed as a modification compromise or waiver by the State of any rights or defenses of any immunities
provided by Federal law or the laws of the State of Connecticut to the State or any of its officers and employees
which they may have had now have or will have with respect to all matters arising out of the Contract To the
extent that this section conflicts with any other section this section shall govern
6 Protection of Confidential Information Contractor and Contractor Parties at their own expense have a duty to
and shall protect from a Confidential Information Breach any and all Confidential Information which they come
to possess or control wherever and however stored or maintained in a commercially reasonable manner in
accordance with current industry standards
(b) Each Contractor or Contractor Party shall develop implement and maintain a comprehensive data -
security program for the protection of Confidential Information The safeguards contained in such
Page 21 of 23
program shall be consistent with and comply with the safeguards for protection of Confidential
Information and information of a similar character as set forth in all applicable federal and state law
and written policy of the Agency or State concerning the confidentiality of Confidential Information
Such data-security program shall include but not be limited to the following
(1) A security policy for employees related to the storage access and transportation of data containing
Confidential Information
(2) Reasonable restrictions on access to records containing Confidential Information including access
to any locked storage where such records are kept
(3) A process for reviewing policies and security measures at least annually
(4) Creating secure access controls to Confidential Information including but not limited to passwords
and
(5) Encrypting of Confidential Information that is stored on laptops portable devices or being
transmitted electronically
(c) The Contractor and Contractor Parties shall notify the Agency and the Connecticut Office of the Attorney
General as soon as practical but no later than twenty-four (24) hours after they become aware of or
suspect that any Confidential Information which Contractor or Contractor Parties have come to possess
or control has been subject to a Confidential Information Breach If a Confidential Information Breach
has occurred the Contractor shall within three (3) business days after the notification present a credit
monitoring and protection plan to the Commissioner of Administrative Services the Agency and the
Connecticut Office of the Attorney General for review and approval Such credit monitoring or
protection plan shall be made available by the Contractor at its own cost and expense to all individuals
affected by the Confidential Information Breach Such credit monitoring or protection plan shall include
but is not limited to reimbursement for the cost of placing and lifting one (1) security freeze per credit
file pursuant to Connecticut General Statutes sect 36a-701a Such credit monitoring or protection plans
shall be approved by the State in accordance with this Section and shall cover a length of time
commensurate with the circumstances of the Confidential Information Breach The Contractorsrsquo costs
and expenses for the credit monitoring and protection plan shall not be recoverable from the Agency
any State of Connecticut entity or any affected individuals
(d) The Contractor shall incorporate the requirements of this Section in all subcontracts requiring each
Contractor Party to safeguard Confidential Information in the same manner as provided for in this
Section
(e) Nothing in this Section shall supersede in any manner Contractorrsquos or Contractor Partyrsquos obligations
pursuant to HIPAA or the provisions of this Contract concerning the obligations of the Contractor as a
Business Associate of Covered Entity
7 Executive Orders This Contract is subject to the provisions of Executive Order No Three of Governor Thomas
J Meskill promulgated June 16 1971 concerning labor employment practices Executive Order No Seventeen
of Governor Thomas J Meskill promulgated February 15 1973 concerning the listing of employment
openings and Executive Order No Sixteen of Governor John G Rowland promulgated August 4 1999
concerning violence in the workplace all of which are incorporated into and are made a part of the Contract as
if they had been fully set forth in it The Contract may also be subject to Executive Order No 14 of Governor
M Jodi Rell promulgated April 17 2006 concerning procurement of cleaning products and services and to
Executive Order No 49 of Governor Dannel P Malloy promulgated May 22 2015 mandating disclosure of
certain gifts to public employees and contributions to certain candidates for office If Executive Order 14 andor
Executive Order 49 are applicable they are deemed to be incorporated into and are made a part of the Contract
as if they had been fully set forth in it At the Contractorrsquos request the Client Agency or DAS shall provide a
copy of these orders to the Contractor
8 State Liability The State of Connecticut shall assume no liability for payment for services under the terms of
this agreement until the contractor is notified that this agreement has been accepted by the contracting agency
and if applicable approved by the Office of Policy and Management (OPM) or the Department of
Administrative Services (DAS) and by the Attorney General of the State of Connecticut
9 Distribution of Materials The Contractor shall obtain written approval from the Commissioner prior to the
distribution or publication of any materials prepared under the terms of this Contract Such approval shall not
be unreasonably withheld
10 Change in Principal Project Staff Any changes in the principal project staff must be requested in writing and
approved in writing by the Commissioner at the Commissionerrsquos sole discretion In the event of any
Page 22 of 23
unapproved change in principal project staff the Commissioner may in the Commissionerrsquos sole discretion
terminate this Contract
11 Further Assurances The Parties shall provide such information execute and deliver any instruments and
documents and take such other actions as may be necessary or reasonably requested by the other Party which
are not inconsistent with the provisions of this Contract and which do not involve the vesting of rights or
assumption of obligations other than those provided for in the Contract in order to give full effect to the
Contract and to carry out the intent of the Contract
12 Third Party Participation The Contractor may make sub-awards using either its own competitive selection
process or the values established in the statersquos competitive selection process as outlined in DAS General Letter
71 whichever is more restrictive to conduct any of the tasks in the Scope of Work contained in Appendix A
The Contractor shall advise the Commissioner of the proposed sub-awardee and the amount allocated at least
two (2) weeks prior to the making of such awards The Commissioner reserves the right to disapprove such
awards if they appear to be inconsistent with the program activities to be conducted under this grant As
required by Sec 46a-68j-23 of the Connecticut Regulations of State Agencies the Contractor must make a good
faith effort based upon the availability of minority business enterprises in the labor market area to award a
reasonable proportion of all subcontracts to such enterprises When minority business enterprises are selected
the Contractor shall provide DEEP with a copy of the Affidavit for Certification of Subcontractors as Minority
Business Enterprises (MBE) along with a copy of the purchase order or contract engaging the Subcontractor
The Contractor shall be the sole point of contact concerning the management of the Contract including
performance and payment issues The Contractor is solely and completely responsible for adherence by any
subcontractor to all the applicable provisions of the Contract
13 Americans with Disabilities Act The Contractor shall be and remain in compliance with the Americans with
Disabilities Act of 1990 (ldquoActrdquo) to the extent applicable during the term of the Contract The DEEP may
cancel the Contract if the Contractor fails to comply with the Act
14 Affirmative Action and Sexual Harassment Policies The Contractor agrees to comply with the Departments
Affirmative Action and Sexual Harassment Policies available on DEEPrsquos web site Hard copies of the policy
statements are available upon request at DEEP
15 Breach If either Party breaches the Contract in any respect the non-breaching Party shall provide written
notice of the breach to the breaching Party and afford the breaching Party an opportunity to cure within ten (10)
days from the date that the breaching Party receives the notice In the case of a Contractor breach any other
time period which the Agency sets forth in the notice shall trump the ten (10) days The right to cure period
shall be extended if the non-breaching Party is satisfied that the breaching Party is making a good faith effort
to cure but the nature of the breach is such that it cannot be cured within the right to cure period The notice
may include an effective Contract Termination date if the breach is not cured by the stated date and unless
otherwise modified by the non-breaching Party in writing prior to the Termination date no further action shall
be required of any Party to effect the Termination as of the stated date If the notice does not set forth an
effective Contract Termination date then the non-breaching Party may Terminate the Contract by giving the
breaching Party no less than twenty four (24) hours prior written notice If the Agency believes that the
Contractor has not performed according to the Contract the Agency may withhold payment in whole or in part
pending resolution of the Performance issue provided that the Agency notifies the Contractor in writing prior
to the date that the payment would have been due
16 Severability If any term or provision of the Contract or its application to any person entity or circumstance
shall to any extent be held to be invalid or unenforceable the remainder of the Contract or the application of
such term or provision shall not be affected as to persons entities or circumstances other than those as to whom
or to which it is held to be invalid or unenforceable Each remaining term and provision of the Contract shall
be valid and enforced to the fullest extent possible by law
17 The Town Guarantee The Town shall furnish adequate protection from damage for all work and to repair any
damage of any kind for which he or his workmen are responsible to premises or any equipment to his own
work or to the work of the Agency pay for all permits licenses and fees and to give all notices and comply
with all laws ordinances rules and regulations of the city state and federal government
18 Force Majeure The Parties shall not be excused from their obligation to perform in accordance with the
Contract except in the case of Force Majeure events and as otherwise provided for in the Contract A Force
Majeure event materially affects the cost of the Goods or Services or the time schedule for performance and is
outside the control nor caused by the Parties In the case of any such exception the nonperforming Party shall
give immediate written notice to the other explaining the cause and probable duration of any such
Page 23 of 23
nonperformance
19 Entirety of Contract The Contract is the entire agreement between the Parties with respect to its subject matter
and supersedes all prior agreements proposals offers counteroffers and understandings of the Parties whether
written or oral The Contract has been entered into after full investigation neither Party relying upon any
statement or representation by the other unless such statement or representation is specifically embodied in the
Contract
20 Interpretation The Contract contains numerous references to statutes and regulations For purposes of
interpretation conflict resolution and otherwise the content of those statutes and regulations shall govern over
the content of the reference in the Contract to those statutes and regulations
A-1
Attachment A
Scope of Work
Mobile Food and Beverage Concession Services
1 Insurance The Concessionaire shall furnish evidence of insurance A Certificate of Insurance
covering each annual period of this contract shall reflect the following limits and shall be submitted
by the Concessionaire to the Department of Energy and Environmental Protection by April 1 of each
year this contract is in effect
a Commercial General Liability insurance providing a total limit of $1000000 for all damages
arising from bodily injury to or death of all persons in any accident or occurrence and for all
damages arising from the destruction of or damage to property in any one accident or occurrence
In cases where any insurance policy shows an aggregate limit the aggregate shall apply solely to
the concession operation or the aggregate limit shall be not less than $2000000
b The operation of all motor vehicles including those hired or borrowed used in connection with
this contract shall be covered by Automobile Liability insurance providing for a total limit of
$1000000 for all damages arising from bodily injuries to or death of all persons in any one
accident or occurrence and for all damages arising from the destruction of or damage to property
in any one accident or occurrence In cases where any insurance policy shows an aggregate limit
the aggregate shall apply solely to the concession operation or the aggregate limit shall be not less
than $2000000
c The Concessionaire shall carry Workerrsquos Compensation insurance in accordance with the
requirements of the laws of the State of Connecticut
d Said coveragersquos are to be provided by insurance companies licensed by the State of Connecticut
e Any deductibles or self-insured retentions must be declared and approved by the State
f The State of Connecticut shall be listed as an Additional Insured on all required coverage
2 Commodities and Price List
a The Concessionaire shall be allowed to sell food and beverages as approved in advance by the
Commissioner
b The Concessionaire shall be allowed to sell souvenirs and other outdoor recreation related
merchandise hereinafter referred to collectively as merchandise as approved in advance by the
Commissioner
c By April 1 of each year that this contract is in effect the Concessionaire shall submit for approval
a price list of all foods beverages and merchandise for sale hereinafter referred to collectively as
commodities to the Department of Energy and Environmental Protection Bureau of Outdoor
Recreation Division of State Parks and Public Outreach 79 Elm Street Hartford CT 06106-5127
d Any price increases or additions of commodities are subject to the prior written approval of the
Commissioner
e The Concessionaire shall post a price list of all commodities for sale in full public view while in
operation
f Whenever the park name is used on merchandise the complete park name shall be used
g The Concessionaire warrants that all commodities offered for sale shall not exceed in price nor be
substandard in quality or quantity to like commodities sold in the surrounding community
A-2
3 Sunscreen All concession operations in a park having a designated swimming area shall have
sunscreen with a Sun Protection Factor (SPF) of at least 15 for adults and 45 for children available for
sale to the general public
4 Use of Biodegradable Products To the extent practicable the Concessionaire agrees to use
recyclable and biodegradable products and packaging in all of its operations ie paper products or
products containing recycled contents The Concessionaire agrees to not dispense food or beverages
in close-celled foam-based containers
5 Prohibitions The Concessionaire shall not
a dispense food or beverages in glass containers
b dispense alcoholic beverages
c sell snorkels beach balls rafts or other inflatable or buoyant devices except US Coast Guard
approved personal flotation devices (PFDs)
d permit gratuities to employees of the State of Connecticut
e provide video or pinball games
6 Hours of Operation
a The Concessionaire may operate the Concession daily between 800 am and sunset on any day
that this contract is in effect
b From the Saturday before Memorial Day through July 4th the Concessionaire shall open the
concession on Saturdays Sundays and holidays not later than 1100 am except during inclement
weather and the concession shall remain open at least until three hours before but not later than
sunset
c From July 4th through Labor Day the Concessionaire shall open the concession daily not later than
1100 am except during inclement weather and the concession shall remain open at least until
three hours before but not later than sunset
d Deviations from the above stated schedules are allowable but must receive advanced approval in
writing from the Park and Recreation Supervisor
e When closing due to inclement weather the Concessionaire shall immediately notify the Park and
Recreation Supervisor The Concessionaire shall keep in the concession vehicle at all times a log
of all closures due to inclement weather and it shall be immediately available to the Park and
Recreation Supervisor upon request for inspection
f Within 30 days of closing the concession for the season but in no case later than December 31 of
each calendar year that this contract is in effect the Concessionaire shall submit an Annual
Inclement Weather Closure Report to the Park and Recreation Supervisor
7 Health Department Inspections The Concessionaire is responsible for scheduling inspections by
the appropriate local health department prior to April 15th of each year this contract is in effect The
Concessionaire is responsible for and shall directly pay for any fees charged for such inspections
8 Health Department Permit The Concessionaire will annually obtain a ldquopermit to sellrdquo from the local
health department and submit a copy of said permit to the DEEP Division of State Parks amp Public
Outreach not later than April 30th of each year this contract is in effect Other Permits The
Concessionaire shall be solely responsible for securing any other licenses permits approvals or
waivers required by any other federal state regional or municipal authority having jurisdiction in the
town(s) in which the Concession is located
9 State Property The Concessionaire shall install no fixed equipment nor make any physical changes
to state property without the prior written approval of DEEP Any improvements or permanent fixtures
approved by the DEEP and provided by the Concessionaire during the term of this contract shall
immediately become the property of the State of Connecticut
A-3
10 Public Health Code The Concessionaire agrees to conform to the Public Health Code of the State of
Connecticut concerning the storage handling and vending of food
11 Refuse Disposal The Concessionaire at its sole expense shall be responsible for the proper disposal
and removal of all recyclables and trash generated by operation of the concession For additional
information see the DEEP website for Managing Waste and Recycling at Special Events and Other
Venues the direct URL address for which is
httpwwwctgovdepcwpviewaspa=2714ampq=434054ampdepNav_GID=1645
12 General Maintenance The Concessionaire shall be responsible for maintaining the Concession area
in a clean sanitary and orderly manner
13 Exclusivity With the exception of vending machines and commodities having prior written approval
for DEEP sanctioned events including but not limited to events authorized by a Special Use License
the Concessionaire shall have the exclusive right to sell commodities within the property named
herein
14 Vending Machines The State of Connecticut Board of Education and Services for the Blind (BESB)
shall have exclusive rights to vending machines on the premises of the concessions and other
authorized areas within the park or forest for the purpose of vending foods and beverages and to collect
receipts there from provided that the number and locations of such vending machines shall receive
prior written approval from a representative of the DEEP
15 Rights of Park Visitors The Concessionaire agrees that nothing contained in the terms of this
contract shall prevent visitors from bringing food to the park and preparing such food for personal
consumption including dispensing such food at no charge to other park visitors Park visitors may
also utilize private catering services with advanced written approval of the Park and Recreation
Supervisor Said catering services may only be permitted with the condition that no financial
transactions occur on DEEP property
16 Concession Staffing The concession shall be staffed only by the Concessionaire or its employee(s)
or other agents identified herein unless otherwise authorized by the Commissioner in writing
17 Code of Conduct Due to the public service nature of the Concession the Concessionaire and all
employees of the Concessionaire shall conduct themselves in a courteous respectful and professional
manner with all members of the public
18 Appearance The Concessionaire and its employees shall be clean and neat in appearance Wearing
an item of uniform eg a shirt hat or badge identifying the name of the Concessionaire employee or
business is encouraged
19 Audible Devices The Concessionaire shall activate audible devices (loudspeakers music bells etc)
only in accordance with instructions provided by the Park and Recreation Supervisor Instructions are
subject to change immediately at the discretion of the Park and Recreation Supervisor
20 Concession Location Unless authorized by the Park and Recreation Supervisor to do otherwise the
Concessionaire agrees to
a identify all park-and-sit locations or drive-through routes on a park map
b confine all concession operations to the designated Concession areas
c confine all sales and advertising to the concession vehicle
d provide garbage and recycling receptacles for customer use
21 Food Inspection An authorized representative of the Commissioner may conduct an unannounced
in-season food inspection once per calendar year Upon request the Concessionaire shall provide a
A-4
range of food and beverage items proportionate to one meal to the Commissionerrsquos
representative for food-tasting purposes
22 Financial Reporting Within 30 days of closing the Concession for the season but in no case
later than December 31 of each calendar year that this contract is in effect the Concessionaire
shall submit a certified statement of annual gross receipts attested to by a Notary Public or a
Commissioner of the Superior Court to Department of Energy and Environmental Protection
Bureau of Outdoor Recreation Division of State Parks and Public Outreach 79 Elm Street
Hartford CT 06106-5127
23 Revenue DEEP shall have no responsibility for revenue loss directly or indirectly attributable
to DEEP management actions including but not limited to changes in park or campground
schedules or operations or in services provided to the visiting public DEEP shall have no
responsibility for revenue loss directly or indirectly attributable to uncontrollable phenomena
including but not limited to attendance loss weather conditions or other Acts of God
24 Compliance The Concessionaire agrees to comply with the regulations of the Department of
Energy and Environmental Protection regarding State Park and Forest Recreation Areas and
with any other department policy concerning the operation of concessions
The parties have hereunto set their hands
SIGNED AND DELIVERED below
STATE OF CONNECTICUT
Department of Energy and Environmental
Protection
CONCESSIONAIRE
BY BY
Date Date
Contract ______________
Acct Fund SID DeptId Prog Project Bud
Ref Amount
Funds available Date
Attorney General (Approved as to Form) Date
Page 11 of 23
on the river supplying the fuel docks and tank farms with oil for the cities and towns in
the CT River Valley
The western portion of the property slopes upward to meet a rail line owned by the State
of Connecticut Department of Energy amp Environmental Protection and maintained and
operated by the Valley Railroad Company The Valley Railroad Company operates the
Essex Steam Train
The concession area is delineated by a yellow dashed line as shown on the attached
concession area map Beginning at the northern portion of the concession area the
following structuresinfrastructure are included in the concession contract One butler-
style building (westernmost butlerndashstyle building) Parking Lot 1 Docks1 and 2 use
of the access road use of small former ticket booth building with available power in the
successful proposerrsquos name and Dock 3
The area located to the south of the concession area is approximately 7+ acres but only 4
acres are developed The undeveloped parcel is proposed to become a public boat ramp
facility and is currently being analyzed for resource and engineering issues Included in
this parcel is Dock 4 and Parking Lots 2 and 3 While this property located to the
south of the concession area will not be part of the bid or agreement for Boat
DockingEducational purposes it will be offered to the successful proposer for use as a
docking facility under a short-term Special Use License This license will expire as soon
as construction on the boat ramp commences
It should be noted that the access road to the Eagle Landing property must be kept open
for access by the private residential properties to the south of Eagle Landing
D Existing Condition of Dock
A few minor repairs would help improve the condition of Docks 1 2 and 3 but all are
functioning and usable in their present condition Dock 4 which is not included in the
concession contract has sustained significant damage is not currently usable and is
considered a safety hazard The Concessionaire or Special Use License Holder would be
responsible to certify that the docks can safely secure the size vessel(s) to be used
throughout the duration of this concession The depth of the water on the river side of
the dock varies from 16 feet to 19 feet There is submerged aquatic vegetation between
the docks and the riverbank that may contain species of concern
Before the commencement of any dock maintenance activity to the 4 docks described
above DEEPrsquos Natural Diversity Data Base (NDDB shall be consulted and DEEPrsquos
Land amp Water Resources Division (LWRD) shall be contacted to determine if a permit is
required for such work
E Adjacent Uses
Northward The northern boundary of Eagle Landing State Park is a private home and
CT State Route 82 There is a fence between the State park and the private property The
Page 12 of 23
East Haddam Swing Bridge spans the Connecticut River just north of Dock 1 (See
Attachment D) Andrews Marina is situated on the north side of Route 82
Southward The southern boundary of Eagle Landing State Park is bounded by a
development of private cottages There is an unpaved road which provides residents of
these cottages access to their homes Vehicles utilizing the Boat Concession or the Boat
Ramp may not park along the shoulders of the road or block it in any way
F ZoningSurrounding Land Use
The Town of Haddam zoned this property as ldquoCommercialrdquo and also ldquoState Park amp
Forestrdquo Commercial Boating activities are permitted in the Commercial Zone Eagle
Landing State Park is bounded on both the north and south by a ldquoLow density
RuralResidential Zonerdquo The town recommends a vegetative buffer between Commercial
uses and Residential areas Overlying the entire parcel is the Federal Emergency
Management Administration (FEMA) 100-year Flood Plain zone FEMA requirements
must be applied to any new development so as not to exacerbate flooding events
G Connecticut River Gateway Commission
Eagle Landing lies within the CT River Gateway Conservation Zone
In 1973 the Connecticut General Assembly passed legislation allowing the establishment
of the Connecticut River Gateway Commission a state-local compact for the protection
of the Lower Connecticut River Valley Then and now this valley is widely recognized
as one of the most important natural recreational and scenic areas of the State of
Connecticut One year later in July 1974 the Commission became operational with the
Connecticut Department of Environmental Protection two regional planning agencies and
all eight eligible towns participating
The Gateway Conservation Zone which is the geographic focus of the Commissions
activities is approximately thirty miles in length and includes those portions of the eight
member towns (Chester Deep River East Haddam Essex Haddam Lyme Old Lyme
Old Saybrook) lying within view of the river In recent years it has become an area of
interest for a number of other environmental organizations as well The Nature
Conservancy has designated the Connecticut River Tidelands as one of its Last Great
Places the Connecticut Department of Energy amp Environmental Protection has obtained
the recognition of the rivers tidelands as internationally significant wetlands under the
terms of the International Ramsar Convention the Secretary of the US Department of
Interior has publicly recognized the lower Connecticut River valley as one of the most
important ecological landscapes in the United States and in 1999 the River was
designated as one of 14 American Heritage Rivers by the President of the United States
The mission of this Commission given to it by the Connecticut General Assembly nearly
two decades ago is to preserve the unique scenic ecological scientific and historic
values of the lower Connecticut River valley for the enjoyment of present and future
generations of Connecticut citizens
Page 13 of 23
Development beyond what has previously been permitted must be reviewed by the
Gateway Commission to ensure that it meets the mission and goals of the Gateway
Commission
H Limitations on the Site
A Hours of Operation Hours of Operation of the Concession shall be limited to Sunrise
until 200AM (0200 Hrs)
B Overnight Parking All vehicles must vacate the property by 200 AM (0200Hrs)
C Alcohol Service will be limited to the vessel No alcohol service shall be allowed on
the docks or in other locations on the property
D Amplified sound (bands DJ etc) with the exception of safety instructions shall
not commence until vessels have departed from the dock and must cease prior to final
docking
E Concession shall not sublet any part of the property unless approved by the
Department of Energy amp Environmental Protection
F No new structures shall be erected and no maintenance shall be done to the existing
docks unless approved in writing by the Commissioner or Designee of the
Department of Energy amp Environmental Protection and all applicable permits have
been obtained
Page 14 of 23
Maps of Site
Page 15 of 23
Page 16 of 23
LETTER OF INTENT TO SUBMIT A PROPOSAL
State of Connecticut
Department of Energy amp Environmental Protection
RFP for Eagle Landing State Park
Return to Tenia Seay
Department of Energy amp Environmental Protection
Bureau of Outdoor Recreation
79 Elm Street
Hartford CT 06106-5127
860-424-3064 (Phone)
860-424-4070 (FAX)
Return Deadline 400 pm July 20 2020
The individual firm or corporation below intends to submit a proposal in response to the above referenced RFP
Note This letter is a non-binding expression of interest and does not obligate the sender to submit a proposal
The individual firm or corporation below has reviewed and if selected accepts the agencyrsquos standard contract and
conditions (provided in the RFP) in their entirety and without amendment
Name
Mailing Address
Contact Person
Telephone
FAX
Signature
Title Date
Page 17 of 23
STATE OF CONNECTICUT
DEPARTMENT OF ENERGY AND ENVIRONMENTAL PROTECTION
BUREAU OF OUTDOOR RECREATION AND
CONNECTICUT STATE PARK AND FOREST RECREATION AREA
MOBILE FOOD AND BEVERAGE CONCESSION
THIS CONTRACT is made by and between the STATE OF CONNECTICUT acting herein by
the Commissioner of the Department of Energy and Environmental Protection hereinafter referred
to as Commissionerrdquo or DEEP or ldquoStaterdquo and [Insert Concessionaire] of the Town of
Waterbury and the state of Connecticut hereinafter referred to as the Concessionaire or
ldquoContractorrdquo
WITNESSETH
WHEREAS the Commissioner of Energy and Environmental Protection pursuant to Conn Gen
Stat 23-26 has the authority to enter into contractual relations with persons for the maintenance
of concessions and other sources of revenue to be derived from services to the general public using
state parks and
WHEREAS the Concessionaire desires to operate a Mobile Food and Beverage Concession
Service and render services to the public at
[Insert Name of Location]
NOW THEREFORE it is hereby agreed as follows
1 Mobile Food and Beverage Concession Service The Concessionaire agrees to operate a
Mobile Food and Beverage Concession Service at the above noted facility The Concessionaire
is responsible for all work included in this Contract Details regarding the Scope of Work are
included in Attachment A which is attached hereto and is hereby made a part of this contract
2 Duration The Commissioner hereby grants to the Concessionaire the exclusive right to
operate the above Mobile Food and Beverage Concession Service at the location identified for
the period commencing upon contract execution through [insert expiration date] At the
Commissionerrsquos sole discretion this contract may be renewed for up to [Insert number] years
without further competition
3 Payment In consideration of said rights and privileges the Concessionaire agrees to pay a
total of [insert amount] to the State of Connecticut due by [insert date] Payments shall be
made by check draft or money order payable to Treasurer State of Connecticut and
delivered or mailed to the Department of Energy and Environmental Protection Accounts
Receivable 79 Elm Street Hartford Connecticut 06106-5127
4 Nondisclosure Contactor shall not release any information concerning the services provided
pursuant to the Contract or any part thereof to any member of the public press business entity
or any official body unless prior written consent is obtained from the State
Page 18 of 23
STANDARD TERMS AND CONDITIONS (Rev 8302019)
1 Definitions
(a) State The State of Connecticut including the Department of Energy and Environmental Protection and
any office department board council commission institution or other agency of the State
(b) Commissioner The Commissioner of Energy and Environmental Protection or the Commissionerrsquos
designated agent
(c) Parties The Department of Energy and Environmental Protection (DEEP or Agency) and the Contractor
(d) Contractor Parties Contractor Parties shall be defined as a Contractorrsquos members directors officers
shareholders partners managers principal officers representatives agents servants consultants employees
or any one of them or any other person or entity with whom the Contractor is in privity of oral or written
contract and the Contractor intends for such other person or entity to Perform under the Contract in any
capacity To the extent that any Contractor Party is to participate or Perform in any way directly or indirectly
in connection with the Contract any reference in the Contract to the ldquoContractorrdquo shall also be deemed to
include ldquoContractor Partiesrdquo as if such reference had originally specifically included ldquoContractor Partiesrdquo
since it is the Partiesrsquo intent for the terms ldquoContractor Partiesrdquo to be vested with the same respective rights
and obligations as the terms ldquoContractorrdquo
(e) Contract This agreement as of its Effective Date between the Contractor and the State for any or all
goods or services as more particularly described in Appendix A
(f) Execution This contract shall be fully executed when it has been signed by authorized representatives
of the parties and if it is for an amount of Twenty-five thousand dollars ($2500000) or more by the
authorized representative of the state Attorney Generals office
(g) Exhibits All attachments appendices or exhibits referred to in and attached to this Contract are
incorporated in this Contract by such reference and shall be deemed to be a part of it as if they had been fully
set forth in it
(h) Records For the purposes of this Contract records are defined as all working papers and such other
information and materials as may have been accumulated by the Contractor in performing the Contract
including but not limited to documents data plans books computations drawings specifications notes
reports records estimates summaries and correspondence kept or stored in any form
(i) Confidential Information Confidential Information shall mean any name number or other information
that may be used alone or in conjunction with any other information to identify a specific individual
including but not limited to such individuals name date of birth mothers maiden name motor vehicle
operators license number Social Security number employee identification number employer or taxpayer
identification number alien registration number government passport number health insurance
identification number demand deposit account number savings account number credit card number debit
card number or unique biometric data such as fingerprint voice print retina or iris image or other unique
physical representation Without limiting the foregoing Confidential Information shall also include any
information that the Department classifies as ldquoconfidentialrdquo or ldquorestrictedrdquo Confidential Information shall
not include information that may be lawfully obtained from publicly available sources or from federal state
or local government records which are lawfully made available to the general public
(j) Confidential Information Breach Confidential Information Breach shall mean generally an instance
where an unauthorized person or entity accesses Confidential Information in any manner including but not
limited to the following occurrences (1) any Confidential Information that is not encrypted or protected is
misplaced lost stolen or in any way compromised (2) one or more third parties have had access to or taken
control or possession of any Confidential Information that is not encrypted or protected without prior written
authorization from the State (3) the unauthorized acquisition of encrypted or protected Confidential
Information together with the confidential process or key that is capable of compromising the integrity of the
Confidential Information or (4) if there is a substantial risk of identity theft or fraud to the client the
Contractor the Department or State
Page 19 of 23
(k) Claim Claim shall mean all actions suits claims demands investigations and proceedings of any kind
open pending or threatened whether mature unmatured contingent known or unknown at law or in equity
in any forum
2 Forum and Choice of Law The parties deem the Contract to have been made in the City of Hartford State of
Connecticut Both parties agree that it is fair and reasonable for the validity and construction of the Contract
to be and it shall be governed by the laws and court decisions of the State of Connecticut without giving effect
to its principles of conflicts of laws To the extent that any immunities provided by Federal law or the laws of
the State of Connecticut do not bar an action against the State and to the extent that these courts are courts of
competent jurisdiction for the purpose of venue the complaint shall be made returnable to the Judicial District
of Hartford only or shall be brought in the United States District Court for the District of Connecticut only and
shall not be transferred to any other court provided however that nothing here constitutes a waiver or
compromise of the sovereign immunity of the State of Connecticut The Contractor waives any objection which
it may now have or will have to the laying of venue of any Claims in any forum and further irrevocably submits
to such jurisdiction in any suit action or proceeding
3 Termination
(a) Notwithstanding any provisions in this Contract the Agency through a duly authorized employee may
Terminate the Contract whenever the Agency makes a written determination that such Termination is in
the best interests of the State The Agency shall notify the Contractor in writing of Termination pursuant
to this section which notice shall specify the effective date of Termination and the extent to which the
Contractor must complete its Performance under the Contract prior to such date
(b) Notwithstanding any provisions in this Contract the Agency through a duly authorized employee may
after making a written determination that the Contractor has breached the Contract Terminate the
Contract in accordance with the provisions in the Breach section of this Contract
(c) The Agency shall send the notice of Termination via certified mail return receipt requested to the
Contractor at the most current address which the Contractor has furnished to the Agency for purposes of
correspondence or by hand delivery Upon receiving the notice from the Agency the Contractor shall
immediately discontinue all services affected in accordance with the notice undertake all commercially
reasonable efforts to mitigate any losses or damages and deliver to the Agency all Records The Records
are deemed to be the property of the Agency and the Contractor shall deliver them to the Agency no later
than thirty (30) days after the Termination of the Contract or fifteen (15) days after the Contractor
receives a written request from the Agency for the Records The Contractor shall deliver those Records
that exist in electronic magnetic or other intangible form in a non-proprietary format such as but not
limited to ASCII or TXT
(d) Upon receipt of a written notice of Termination from the Agency the Contractor shall cease operations
as the Agency directs in the notice and take all actions that are necessary or appropriate or that the
Agency may reasonably direct for the protection and preservation of the Goods and any other property
Except for any work which the Agency directs the Contractor to Perform in the notice prior to the
effective date of Termination and except as otherwise provided in the notice the Contractor shall
terminate or conclude all existing subcontracts and purchase orders and shall not enter into any further
subcontracts purchase orders or commitments
(e) The Agency shall within forty-five (45) days of the effective date of Termination reimburse the
Contractor for its Performance rendered and accepted by the Agency in addition to all actual and
reasonable costs incurred after Termination in completing those portions of the Performance which the
notice required the Contractor to complete However the Contractor is not entitled to receive and the
Agency is not obligated to tender to the Contractor any payments for anticipated or lost profits Upon
request by the Agency the Contractor shall assign to the Agency or any replacement contractor which
the Agency designates all subcontracts purchase orders and other commitments deliver to the Agency
all Records and other information pertaining to its Performance and remove from State premises
whether leased or owned all of Contractorrsquos property equipment waste material and rubbish related to
its Performance all as the Agency may request
(f) For breach or violation of any of the provisions in the section concerning Representations and
Warranties the Agency may Terminate the Contract in accordance with its terms and revoke any
consents to assignments given as if the assignments had never been requested or consented to without
liability to the Contractor or Contractor Parties or any third party
(g) Upon Termination of the Contract all rights and obligations shall be null and void so that no party shall
Page 20 of 23
have any further rights or obligations to any other party except with respect to the sections which survive
Termination All representations warranties agreements and rights of the parties under the Contract
shall survive such Termination to the extent not otherwise limited in the Contract and without each one
of them having to be specifically mentioned in the Contract
(h) Termination of the Contract pursuant to this section shall not be deemed to be a breach of contract by
the Agency
4 Indemnification
(a) The Contractor shall indemnify defend and hold harmless the State and its officers representatives
agents servants employees successors and assigns from and against any and all (1) Claims arising
directly or indirectly in connection with the Contract including the acts of commission or omission
(collectively the Acts) of the Contractor or Contractor Parties and (2) liabilities damages losses
costs and expenses including but not limited to attorneys and other professionals fees arising directly
or indirectly in connection with Claims Acts or the Contract The Contractor shall use counsel
reasonably acceptable to the State in carrying out its obligations under this section The Contractorrsquos
obligations under this section to indemnify defend and hold harmless against Claims includes Claims
concerning confidentiality of any part of or all of the Contractorrsquos bid proposal or any Records any
intellectual property rights other proprietary rights of any person or entity copyrighted or uncopyrighted
compositions secret processes patented or unpatented inventions articles or appliances furnished or
used in the Performance
(b) The Contractor shall not be responsible for indemnifying or holding the State harmless from any liability
arising due to the negligence of the State or any other person or entity acting under the direct control or
supervision of the State
(c) The Contractor shall reimburse the State for any and all damages to the real or personal property of the
State caused by the Acts of the Contractor or any Contractor Parties The State shall give the Contractor
reasonable notice of any such Claims
(d) The Contractorrsquos duties under this section shall remain fully in effect and binding in accordance with the
terms and conditions of the Contract without being lessened or compromised in any way even where
the Contractor is alleged or is found to have merely contributed in part to the Acts giving rise to the
Claims andor where the State is alleged or is found to have contributed to the Acts giving rise to the
Claims
(e) The Contractor shall carry and maintain at all times during the term of the Contract and during the time
that any provisions survive the term of the Contract sufficient general liability insurance to satisfy its
obligations under this Contract The Contractor shall cause the State to be named as an additional insured
on the policy and shall provide (1) a certificate of insurance (2) the declaration page and (3) the
additional insured endorsement to the policy to the State and the Client Agency all in an electronic format
acceptable to the State prior to the Effective Date of the Contract evidencing that the State is an additional
insured The Contractor shall not begin Performance until the delivery of these three documents to the
Client Agency Contractor shall provide an annual electronic update of the three documents to the Client
Agency and the State on or before each anniversary of the Effective Date during the Contract term State
shall be entitled to recover under the insurance policy even if a body of competent jurisdiction determines
that State is contributorily negligent
(f) This section shall survive the Termination of the Contract and shall not be limited by reason of any
insurance coverage
5 Sovereign Immunity The parties acknowledge and agree that nothing in the Solicitation or the Contract shall
be construed as a modification compromise or waiver by the State of any rights or defenses of any immunities
provided by Federal law or the laws of the State of Connecticut to the State or any of its officers and employees
which they may have had now have or will have with respect to all matters arising out of the Contract To the
extent that this section conflicts with any other section this section shall govern
6 Protection of Confidential Information Contractor and Contractor Parties at their own expense have a duty to
and shall protect from a Confidential Information Breach any and all Confidential Information which they come
to possess or control wherever and however stored or maintained in a commercially reasonable manner in
accordance with current industry standards
(b) Each Contractor or Contractor Party shall develop implement and maintain a comprehensive data -
security program for the protection of Confidential Information The safeguards contained in such
Page 21 of 23
program shall be consistent with and comply with the safeguards for protection of Confidential
Information and information of a similar character as set forth in all applicable federal and state law
and written policy of the Agency or State concerning the confidentiality of Confidential Information
Such data-security program shall include but not be limited to the following
(1) A security policy for employees related to the storage access and transportation of data containing
Confidential Information
(2) Reasonable restrictions on access to records containing Confidential Information including access
to any locked storage where such records are kept
(3) A process for reviewing policies and security measures at least annually
(4) Creating secure access controls to Confidential Information including but not limited to passwords
and
(5) Encrypting of Confidential Information that is stored on laptops portable devices or being
transmitted electronically
(c) The Contractor and Contractor Parties shall notify the Agency and the Connecticut Office of the Attorney
General as soon as practical but no later than twenty-four (24) hours after they become aware of or
suspect that any Confidential Information which Contractor or Contractor Parties have come to possess
or control has been subject to a Confidential Information Breach If a Confidential Information Breach
has occurred the Contractor shall within three (3) business days after the notification present a credit
monitoring and protection plan to the Commissioner of Administrative Services the Agency and the
Connecticut Office of the Attorney General for review and approval Such credit monitoring or
protection plan shall be made available by the Contractor at its own cost and expense to all individuals
affected by the Confidential Information Breach Such credit monitoring or protection plan shall include
but is not limited to reimbursement for the cost of placing and lifting one (1) security freeze per credit
file pursuant to Connecticut General Statutes sect 36a-701a Such credit monitoring or protection plans
shall be approved by the State in accordance with this Section and shall cover a length of time
commensurate with the circumstances of the Confidential Information Breach The Contractorsrsquo costs
and expenses for the credit monitoring and protection plan shall not be recoverable from the Agency
any State of Connecticut entity or any affected individuals
(d) The Contractor shall incorporate the requirements of this Section in all subcontracts requiring each
Contractor Party to safeguard Confidential Information in the same manner as provided for in this
Section
(e) Nothing in this Section shall supersede in any manner Contractorrsquos or Contractor Partyrsquos obligations
pursuant to HIPAA or the provisions of this Contract concerning the obligations of the Contractor as a
Business Associate of Covered Entity
7 Executive Orders This Contract is subject to the provisions of Executive Order No Three of Governor Thomas
J Meskill promulgated June 16 1971 concerning labor employment practices Executive Order No Seventeen
of Governor Thomas J Meskill promulgated February 15 1973 concerning the listing of employment
openings and Executive Order No Sixteen of Governor John G Rowland promulgated August 4 1999
concerning violence in the workplace all of which are incorporated into and are made a part of the Contract as
if they had been fully set forth in it The Contract may also be subject to Executive Order No 14 of Governor
M Jodi Rell promulgated April 17 2006 concerning procurement of cleaning products and services and to
Executive Order No 49 of Governor Dannel P Malloy promulgated May 22 2015 mandating disclosure of
certain gifts to public employees and contributions to certain candidates for office If Executive Order 14 andor
Executive Order 49 are applicable they are deemed to be incorporated into and are made a part of the Contract
as if they had been fully set forth in it At the Contractorrsquos request the Client Agency or DAS shall provide a
copy of these orders to the Contractor
8 State Liability The State of Connecticut shall assume no liability for payment for services under the terms of
this agreement until the contractor is notified that this agreement has been accepted by the contracting agency
and if applicable approved by the Office of Policy and Management (OPM) or the Department of
Administrative Services (DAS) and by the Attorney General of the State of Connecticut
9 Distribution of Materials The Contractor shall obtain written approval from the Commissioner prior to the
distribution or publication of any materials prepared under the terms of this Contract Such approval shall not
be unreasonably withheld
10 Change in Principal Project Staff Any changes in the principal project staff must be requested in writing and
approved in writing by the Commissioner at the Commissionerrsquos sole discretion In the event of any
Page 22 of 23
unapproved change in principal project staff the Commissioner may in the Commissionerrsquos sole discretion
terminate this Contract
11 Further Assurances The Parties shall provide such information execute and deliver any instruments and
documents and take such other actions as may be necessary or reasonably requested by the other Party which
are not inconsistent with the provisions of this Contract and which do not involve the vesting of rights or
assumption of obligations other than those provided for in the Contract in order to give full effect to the
Contract and to carry out the intent of the Contract
12 Third Party Participation The Contractor may make sub-awards using either its own competitive selection
process or the values established in the statersquos competitive selection process as outlined in DAS General Letter
71 whichever is more restrictive to conduct any of the tasks in the Scope of Work contained in Appendix A
The Contractor shall advise the Commissioner of the proposed sub-awardee and the amount allocated at least
two (2) weeks prior to the making of such awards The Commissioner reserves the right to disapprove such
awards if they appear to be inconsistent with the program activities to be conducted under this grant As
required by Sec 46a-68j-23 of the Connecticut Regulations of State Agencies the Contractor must make a good
faith effort based upon the availability of minority business enterprises in the labor market area to award a
reasonable proportion of all subcontracts to such enterprises When minority business enterprises are selected
the Contractor shall provide DEEP with a copy of the Affidavit for Certification of Subcontractors as Minority
Business Enterprises (MBE) along with a copy of the purchase order or contract engaging the Subcontractor
The Contractor shall be the sole point of contact concerning the management of the Contract including
performance and payment issues The Contractor is solely and completely responsible for adherence by any
subcontractor to all the applicable provisions of the Contract
13 Americans with Disabilities Act The Contractor shall be and remain in compliance with the Americans with
Disabilities Act of 1990 (ldquoActrdquo) to the extent applicable during the term of the Contract The DEEP may
cancel the Contract if the Contractor fails to comply with the Act
14 Affirmative Action and Sexual Harassment Policies The Contractor agrees to comply with the Departments
Affirmative Action and Sexual Harassment Policies available on DEEPrsquos web site Hard copies of the policy
statements are available upon request at DEEP
15 Breach If either Party breaches the Contract in any respect the non-breaching Party shall provide written
notice of the breach to the breaching Party and afford the breaching Party an opportunity to cure within ten (10)
days from the date that the breaching Party receives the notice In the case of a Contractor breach any other
time period which the Agency sets forth in the notice shall trump the ten (10) days The right to cure period
shall be extended if the non-breaching Party is satisfied that the breaching Party is making a good faith effort
to cure but the nature of the breach is such that it cannot be cured within the right to cure period The notice
may include an effective Contract Termination date if the breach is not cured by the stated date and unless
otherwise modified by the non-breaching Party in writing prior to the Termination date no further action shall
be required of any Party to effect the Termination as of the stated date If the notice does not set forth an
effective Contract Termination date then the non-breaching Party may Terminate the Contract by giving the
breaching Party no less than twenty four (24) hours prior written notice If the Agency believes that the
Contractor has not performed according to the Contract the Agency may withhold payment in whole or in part
pending resolution of the Performance issue provided that the Agency notifies the Contractor in writing prior
to the date that the payment would have been due
16 Severability If any term or provision of the Contract or its application to any person entity or circumstance
shall to any extent be held to be invalid or unenforceable the remainder of the Contract or the application of
such term or provision shall not be affected as to persons entities or circumstances other than those as to whom
or to which it is held to be invalid or unenforceable Each remaining term and provision of the Contract shall
be valid and enforced to the fullest extent possible by law
17 The Town Guarantee The Town shall furnish adequate protection from damage for all work and to repair any
damage of any kind for which he or his workmen are responsible to premises or any equipment to his own
work or to the work of the Agency pay for all permits licenses and fees and to give all notices and comply
with all laws ordinances rules and regulations of the city state and federal government
18 Force Majeure The Parties shall not be excused from their obligation to perform in accordance with the
Contract except in the case of Force Majeure events and as otherwise provided for in the Contract A Force
Majeure event materially affects the cost of the Goods or Services or the time schedule for performance and is
outside the control nor caused by the Parties In the case of any such exception the nonperforming Party shall
give immediate written notice to the other explaining the cause and probable duration of any such
Page 23 of 23
nonperformance
19 Entirety of Contract The Contract is the entire agreement between the Parties with respect to its subject matter
and supersedes all prior agreements proposals offers counteroffers and understandings of the Parties whether
written or oral The Contract has been entered into after full investigation neither Party relying upon any
statement or representation by the other unless such statement or representation is specifically embodied in the
Contract
20 Interpretation The Contract contains numerous references to statutes and regulations For purposes of
interpretation conflict resolution and otherwise the content of those statutes and regulations shall govern over
the content of the reference in the Contract to those statutes and regulations
A-1
Attachment A
Scope of Work
Mobile Food and Beverage Concession Services
1 Insurance The Concessionaire shall furnish evidence of insurance A Certificate of Insurance
covering each annual period of this contract shall reflect the following limits and shall be submitted
by the Concessionaire to the Department of Energy and Environmental Protection by April 1 of each
year this contract is in effect
a Commercial General Liability insurance providing a total limit of $1000000 for all damages
arising from bodily injury to or death of all persons in any accident or occurrence and for all
damages arising from the destruction of or damage to property in any one accident or occurrence
In cases where any insurance policy shows an aggregate limit the aggregate shall apply solely to
the concession operation or the aggregate limit shall be not less than $2000000
b The operation of all motor vehicles including those hired or borrowed used in connection with
this contract shall be covered by Automobile Liability insurance providing for a total limit of
$1000000 for all damages arising from bodily injuries to or death of all persons in any one
accident or occurrence and for all damages arising from the destruction of or damage to property
in any one accident or occurrence In cases where any insurance policy shows an aggregate limit
the aggregate shall apply solely to the concession operation or the aggregate limit shall be not less
than $2000000
c The Concessionaire shall carry Workerrsquos Compensation insurance in accordance with the
requirements of the laws of the State of Connecticut
d Said coveragersquos are to be provided by insurance companies licensed by the State of Connecticut
e Any deductibles or self-insured retentions must be declared and approved by the State
f The State of Connecticut shall be listed as an Additional Insured on all required coverage
2 Commodities and Price List
a The Concessionaire shall be allowed to sell food and beverages as approved in advance by the
Commissioner
b The Concessionaire shall be allowed to sell souvenirs and other outdoor recreation related
merchandise hereinafter referred to collectively as merchandise as approved in advance by the
Commissioner
c By April 1 of each year that this contract is in effect the Concessionaire shall submit for approval
a price list of all foods beverages and merchandise for sale hereinafter referred to collectively as
commodities to the Department of Energy and Environmental Protection Bureau of Outdoor
Recreation Division of State Parks and Public Outreach 79 Elm Street Hartford CT 06106-5127
d Any price increases or additions of commodities are subject to the prior written approval of the
Commissioner
e The Concessionaire shall post a price list of all commodities for sale in full public view while in
operation
f Whenever the park name is used on merchandise the complete park name shall be used
g The Concessionaire warrants that all commodities offered for sale shall not exceed in price nor be
substandard in quality or quantity to like commodities sold in the surrounding community
A-2
3 Sunscreen All concession operations in a park having a designated swimming area shall have
sunscreen with a Sun Protection Factor (SPF) of at least 15 for adults and 45 for children available for
sale to the general public
4 Use of Biodegradable Products To the extent practicable the Concessionaire agrees to use
recyclable and biodegradable products and packaging in all of its operations ie paper products or
products containing recycled contents The Concessionaire agrees to not dispense food or beverages
in close-celled foam-based containers
5 Prohibitions The Concessionaire shall not
a dispense food or beverages in glass containers
b dispense alcoholic beverages
c sell snorkels beach balls rafts or other inflatable or buoyant devices except US Coast Guard
approved personal flotation devices (PFDs)
d permit gratuities to employees of the State of Connecticut
e provide video or pinball games
6 Hours of Operation
a The Concessionaire may operate the Concession daily between 800 am and sunset on any day
that this contract is in effect
b From the Saturday before Memorial Day through July 4th the Concessionaire shall open the
concession on Saturdays Sundays and holidays not later than 1100 am except during inclement
weather and the concession shall remain open at least until three hours before but not later than
sunset
c From July 4th through Labor Day the Concessionaire shall open the concession daily not later than
1100 am except during inclement weather and the concession shall remain open at least until
three hours before but not later than sunset
d Deviations from the above stated schedules are allowable but must receive advanced approval in
writing from the Park and Recreation Supervisor
e When closing due to inclement weather the Concessionaire shall immediately notify the Park and
Recreation Supervisor The Concessionaire shall keep in the concession vehicle at all times a log
of all closures due to inclement weather and it shall be immediately available to the Park and
Recreation Supervisor upon request for inspection
f Within 30 days of closing the concession for the season but in no case later than December 31 of
each calendar year that this contract is in effect the Concessionaire shall submit an Annual
Inclement Weather Closure Report to the Park and Recreation Supervisor
7 Health Department Inspections The Concessionaire is responsible for scheduling inspections by
the appropriate local health department prior to April 15th of each year this contract is in effect The
Concessionaire is responsible for and shall directly pay for any fees charged for such inspections
8 Health Department Permit The Concessionaire will annually obtain a ldquopermit to sellrdquo from the local
health department and submit a copy of said permit to the DEEP Division of State Parks amp Public
Outreach not later than April 30th of each year this contract is in effect Other Permits The
Concessionaire shall be solely responsible for securing any other licenses permits approvals or
waivers required by any other federal state regional or municipal authority having jurisdiction in the
town(s) in which the Concession is located
9 State Property The Concessionaire shall install no fixed equipment nor make any physical changes
to state property without the prior written approval of DEEP Any improvements or permanent fixtures
approved by the DEEP and provided by the Concessionaire during the term of this contract shall
immediately become the property of the State of Connecticut
A-3
10 Public Health Code The Concessionaire agrees to conform to the Public Health Code of the State of
Connecticut concerning the storage handling and vending of food
11 Refuse Disposal The Concessionaire at its sole expense shall be responsible for the proper disposal
and removal of all recyclables and trash generated by operation of the concession For additional
information see the DEEP website for Managing Waste and Recycling at Special Events and Other
Venues the direct URL address for which is
httpwwwctgovdepcwpviewaspa=2714ampq=434054ampdepNav_GID=1645
12 General Maintenance The Concessionaire shall be responsible for maintaining the Concession area
in a clean sanitary and orderly manner
13 Exclusivity With the exception of vending machines and commodities having prior written approval
for DEEP sanctioned events including but not limited to events authorized by a Special Use License
the Concessionaire shall have the exclusive right to sell commodities within the property named
herein
14 Vending Machines The State of Connecticut Board of Education and Services for the Blind (BESB)
shall have exclusive rights to vending machines on the premises of the concessions and other
authorized areas within the park or forest for the purpose of vending foods and beverages and to collect
receipts there from provided that the number and locations of such vending machines shall receive
prior written approval from a representative of the DEEP
15 Rights of Park Visitors The Concessionaire agrees that nothing contained in the terms of this
contract shall prevent visitors from bringing food to the park and preparing such food for personal
consumption including dispensing such food at no charge to other park visitors Park visitors may
also utilize private catering services with advanced written approval of the Park and Recreation
Supervisor Said catering services may only be permitted with the condition that no financial
transactions occur on DEEP property
16 Concession Staffing The concession shall be staffed only by the Concessionaire or its employee(s)
or other agents identified herein unless otherwise authorized by the Commissioner in writing
17 Code of Conduct Due to the public service nature of the Concession the Concessionaire and all
employees of the Concessionaire shall conduct themselves in a courteous respectful and professional
manner with all members of the public
18 Appearance The Concessionaire and its employees shall be clean and neat in appearance Wearing
an item of uniform eg a shirt hat or badge identifying the name of the Concessionaire employee or
business is encouraged
19 Audible Devices The Concessionaire shall activate audible devices (loudspeakers music bells etc)
only in accordance with instructions provided by the Park and Recreation Supervisor Instructions are
subject to change immediately at the discretion of the Park and Recreation Supervisor
20 Concession Location Unless authorized by the Park and Recreation Supervisor to do otherwise the
Concessionaire agrees to
a identify all park-and-sit locations or drive-through routes on a park map
b confine all concession operations to the designated Concession areas
c confine all sales and advertising to the concession vehicle
d provide garbage and recycling receptacles for customer use
21 Food Inspection An authorized representative of the Commissioner may conduct an unannounced
in-season food inspection once per calendar year Upon request the Concessionaire shall provide a
A-4
range of food and beverage items proportionate to one meal to the Commissionerrsquos
representative for food-tasting purposes
22 Financial Reporting Within 30 days of closing the Concession for the season but in no case
later than December 31 of each calendar year that this contract is in effect the Concessionaire
shall submit a certified statement of annual gross receipts attested to by a Notary Public or a
Commissioner of the Superior Court to Department of Energy and Environmental Protection
Bureau of Outdoor Recreation Division of State Parks and Public Outreach 79 Elm Street
Hartford CT 06106-5127
23 Revenue DEEP shall have no responsibility for revenue loss directly or indirectly attributable
to DEEP management actions including but not limited to changes in park or campground
schedules or operations or in services provided to the visiting public DEEP shall have no
responsibility for revenue loss directly or indirectly attributable to uncontrollable phenomena
including but not limited to attendance loss weather conditions or other Acts of God
24 Compliance The Concessionaire agrees to comply with the regulations of the Department of
Energy and Environmental Protection regarding State Park and Forest Recreation Areas and
with any other department policy concerning the operation of concessions
The parties have hereunto set their hands
SIGNED AND DELIVERED below
STATE OF CONNECTICUT
Department of Energy and Environmental
Protection
CONCESSIONAIRE
BY BY
Date Date
Contract ______________
Acct Fund SID DeptId Prog Project Bud
Ref Amount
Funds available Date
Attorney General (Approved as to Form) Date
Page 12 of 23
East Haddam Swing Bridge spans the Connecticut River just north of Dock 1 (See
Attachment D) Andrews Marina is situated on the north side of Route 82
Southward The southern boundary of Eagle Landing State Park is bounded by a
development of private cottages There is an unpaved road which provides residents of
these cottages access to their homes Vehicles utilizing the Boat Concession or the Boat
Ramp may not park along the shoulders of the road or block it in any way
F ZoningSurrounding Land Use
The Town of Haddam zoned this property as ldquoCommercialrdquo and also ldquoState Park amp
Forestrdquo Commercial Boating activities are permitted in the Commercial Zone Eagle
Landing State Park is bounded on both the north and south by a ldquoLow density
RuralResidential Zonerdquo The town recommends a vegetative buffer between Commercial
uses and Residential areas Overlying the entire parcel is the Federal Emergency
Management Administration (FEMA) 100-year Flood Plain zone FEMA requirements
must be applied to any new development so as not to exacerbate flooding events
G Connecticut River Gateway Commission
Eagle Landing lies within the CT River Gateway Conservation Zone
In 1973 the Connecticut General Assembly passed legislation allowing the establishment
of the Connecticut River Gateway Commission a state-local compact for the protection
of the Lower Connecticut River Valley Then and now this valley is widely recognized
as one of the most important natural recreational and scenic areas of the State of
Connecticut One year later in July 1974 the Commission became operational with the
Connecticut Department of Environmental Protection two regional planning agencies and
all eight eligible towns participating
The Gateway Conservation Zone which is the geographic focus of the Commissions
activities is approximately thirty miles in length and includes those portions of the eight
member towns (Chester Deep River East Haddam Essex Haddam Lyme Old Lyme
Old Saybrook) lying within view of the river In recent years it has become an area of
interest for a number of other environmental organizations as well The Nature
Conservancy has designated the Connecticut River Tidelands as one of its Last Great
Places the Connecticut Department of Energy amp Environmental Protection has obtained
the recognition of the rivers tidelands as internationally significant wetlands under the
terms of the International Ramsar Convention the Secretary of the US Department of
Interior has publicly recognized the lower Connecticut River valley as one of the most
important ecological landscapes in the United States and in 1999 the River was
designated as one of 14 American Heritage Rivers by the President of the United States
The mission of this Commission given to it by the Connecticut General Assembly nearly
two decades ago is to preserve the unique scenic ecological scientific and historic
values of the lower Connecticut River valley for the enjoyment of present and future
generations of Connecticut citizens
Page 13 of 23
Development beyond what has previously been permitted must be reviewed by the
Gateway Commission to ensure that it meets the mission and goals of the Gateway
Commission
H Limitations on the Site
A Hours of Operation Hours of Operation of the Concession shall be limited to Sunrise
until 200AM (0200 Hrs)
B Overnight Parking All vehicles must vacate the property by 200 AM (0200Hrs)
C Alcohol Service will be limited to the vessel No alcohol service shall be allowed on
the docks or in other locations on the property
D Amplified sound (bands DJ etc) with the exception of safety instructions shall
not commence until vessels have departed from the dock and must cease prior to final
docking
E Concession shall not sublet any part of the property unless approved by the
Department of Energy amp Environmental Protection
F No new structures shall be erected and no maintenance shall be done to the existing
docks unless approved in writing by the Commissioner or Designee of the
Department of Energy amp Environmental Protection and all applicable permits have
been obtained
Page 14 of 23
Maps of Site
Page 15 of 23
Page 16 of 23
LETTER OF INTENT TO SUBMIT A PROPOSAL
State of Connecticut
Department of Energy amp Environmental Protection
RFP for Eagle Landing State Park
Return to Tenia Seay
Department of Energy amp Environmental Protection
Bureau of Outdoor Recreation
79 Elm Street
Hartford CT 06106-5127
860-424-3064 (Phone)
860-424-4070 (FAX)
Return Deadline 400 pm July 20 2020
The individual firm or corporation below intends to submit a proposal in response to the above referenced RFP
Note This letter is a non-binding expression of interest and does not obligate the sender to submit a proposal
The individual firm or corporation below has reviewed and if selected accepts the agencyrsquos standard contract and
conditions (provided in the RFP) in their entirety and without amendment
Name
Mailing Address
Contact Person
Telephone
FAX
Signature
Title Date
Page 17 of 23
STATE OF CONNECTICUT
DEPARTMENT OF ENERGY AND ENVIRONMENTAL PROTECTION
BUREAU OF OUTDOOR RECREATION AND
CONNECTICUT STATE PARK AND FOREST RECREATION AREA
MOBILE FOOD AND BEVERAGE CONCESSION
THIS CONTRACT is made by and between the STATE OF CONNECTICUT acting herein by
the Commissioner of the Department of Energy and Environmental Protection hereinafter referred
to as Commissionerrdquo or DEEP or ldquoStaterdquo and [Insert Concessionaire] of the Town of
Waterbury and the state of Connecticut hereinafter referred to as the Concessionaire or
ldquoContractorrdquo
WITNESSETH
WHEREAS the Commissioner of Energy and Environmental Protection pursuant to Conn Gen
Stat 23-26 has the authority to enter into contractual relations with persons for the maintenance
of concessions and other sources of revenue to be derived from services to the general public using
state parks and
WHEREAS the Concessionaire desires to operate a Mobile Food and Beverage Concession
Service and render services to the public at
[Insert Name of Location]
NOW THEREFORE it is hereby agreed as follows
1 Mobile Food and Beverage Concession Service The Concessionaire agrees to operate a
Mobile Food and Beverage Concession Service at the above noted facility The Concessionaire
is responsible for all work included in this Contract Details regarding the Scope of Work are
included in Attachment A which is attached hereto and is hereby made a part of this contract
2 Duration The Commissioner hereby grants to the Concessionaire the exclusive right to
operate the above Mobile Food and Beverage Concession Service at the location identified for
the period commencing upon contract execution through [insert expiration date] At the
Commissionerrsquos sole discretion this contract may be renewed for up to [Insert number] years
without further competition
3 Payment In consideration of said rights and privileges the Concessionaire agrees to pay a
total of [insert amount] to the State of Connecticut due by [insert date] Payments shall be
made by check draft or money order payable to Treasurer State of Connecticut and
delivered or mailed to the Department of Energy and Environmental Protection Accounts
Receivable 79 Elm Street Hartford Connecticut 06106-5127
4 Nondisclosure Contactor shall not release any information concerning the services provided
pursuant to the Contract or any part thereof to any member of the public press business entity
or any official body unless prior written consent is obtained from the State
Page 18 of 23
STANDARD TERMS AND CONDITIONS (Rev 8302019)
1 Definitions
(a) State The State of Connecticut including the Department of Energy and Environmental Protection and
any office department board council commission institution or other agency of the State
(b) Commissioner The Commissioner of Energy and Environmental Protection or the Commissionerrsquos
designated agent
(c) Parties The Department of Energy and Environmental Protection (DEEP or Agency) and the Contractor
(d) Contractor Parties Contractor Parties shall be defined as a Contractorrsquos members directors officers
shareholders partners managers principal officers representatives agents servants consultants employees
or any one of them or any other person or entity with whom the Contractor is in privity of oral or written
contract and the Contractor intends for such other person or entity to Perform under the Contract in any
capacity To the extent that any Contractor Party is to participate or Perform in any way directly or indirectly
in connection with the Contract any reference in the Contract to the ldquoContractorrdquo shall also be deemed to
include ldquoContractor Partiesrdquo as if such reference had originally specifically included ldquoContractor Partiesrdquo
since it is the Partiesrsquo intent for the terms ldquoContractor Partiesrdquo to be vested with the same respective rights
and obligations as the terms ldquoContractorrdquo
(e) Contract This agreement as of its Effective Date between the Contractor and the State for any or all
goods or services as more particularly described in Appendix A
(f) Execution This contract shall be fully executed when it has been signed by authorized representatives
of the parties and if it is for an amount of Twenty-five thousand dollars ($2500000) or more by the
authorized representative of the state Attorney Generals office
(g) Exhibits All attachments appendices or exhibits referred to in and attached to this Contract are
incorporated in this Contract by such reference and shall be deemed to be a part of it as if they had been fully
set forth in it
(h) Records For the purposes of this Contract records are defined as all working papers and such other
information and materials as may have been accumulated by the Contractor in performing the Contract
including but not limited to documents data plans books computations drawings specifications notes
reports records estimates summaries and correspondence kept or stored in any form
(i) Confidential Information Confidential Information shall mean any name number or other information
that may be used alone or in conjunction with any other information to identify a specific individual
including but not limited to such individuals name date of birth mothers maiden name motor vehicle
operators license number Social Security number employee identification number employer or taxpayer
identification number alien registration number government passport number health insurance
identification number demand deposit account number savings account number credit card number debit
card number or unique biometric data such as fingerprint voice print retina or iris image or other unique
physical representation Without limiting the foregoing Confidential Information shall also include any
information that the Department classifies as ldquoconfidentialrdquo or ldquorestrictedrdquo Confidential Information shall
not include information that may be lawfully obtained from publicly available sources or from federal state
or local government records which are lawfully made available to the general public
(j) Confidential Information Breach Confidential Information Breach shall mean generally an instance
where an unauthorized person or entity accesses Confidential Information in any manner including but not
limited to the following occurrences (1) any Confidential Information that is not encrypted or protected is
misplaced lost stolen or in any way compromised (2) one or more third parties have had access to or taken
control or possession of any Confidential Information that is not encrypted or protected without prior written
authorization from the State (3) the unauthorized acquisition of encrypted or protected Confidential
Information together with the confidential process or key that is capable of compromising the integrity of the
Confidential Information or (4) if there is a substantial risk of identity theft or fraud to the client the
Contractor the Department or State
Page 19 of 23
(k) Claim Claim shall mean all actions suits claims demands investigations and proceedings of any kind
open pending or threatened whether mature unmatured contingent known or unknown at law or in equity
in any forum
2 Forum and Choice of Law The parties deem the Contract to have been made in the City of Hartford State of
Connecticut Both parties agree that it is fair and reasonable for the validity and construction of the Contract
to be and it shall be governed by the laws and court decisions of the State of Connecticut without giving effect
to its principles of conflicts of laws To the extent that any immunities provided by Federal law or the laws of
the State of Connecticut do not bar an action against the State and to the extent that these courts are courts of
competent jurisdiction for the purpose of venue the complaint shall be made returnable to the Judicial District
of Hartford only or shall be brought in the United States District Court for the District of Connecticut only and
shall not be transferred to any other court provided however that nothing here constitutes a waiver or
compromise of the sovereign immunity of the State of Connecticut The Contractor waives any objection which
it may now have or will have to the laying of venue of any Claims in any forum and further irrevocably submits
to such jurisdiction in any suit action or proceeding
3 Termination
(a) Notwithstanding any provisions in this Contract the Agency through a duly authorized employee may
Terminate the Contract whenever the Agency makes a written determination that such Termination is in
the best interests of the State The Agency shall notify the Contractor in writing of Termination pursuant
to this section which notice shall specify the effective date of Termination and the extent to which the
Contractor must complete its Performance under the Contract prior to such date
(b) Notwithstanding any provisions in this Contract the Agency through a duly authorized employee may
after making a written determination that the Contractor has breached the Contract Terminate the
Contract in accordance with the provisions in the Breach section of this Contract
(c) The Agency shall send the notice of Termination via certified mail return receipt requested to the
Contractor at the most current address which the Contractor has furnished to the Agency for purposes of
correspondence or by hand delivery Upon receiving the notice from the Agency the Contractor shall
immediately discontinue all services affected in accordance with the notice undertake all commercially
reasonable efforts to mitigate any losses or damages and deliver to the Agency all Records The Records
are deemed to be the property of the Agency and the Contractor shall deliver them to the Agency no later
than thirty (30) days after the Termination of the Contract or fifteen (15) days after the Contractor
receives a written request from the Agency for the Records The Contractor shall deliver those Records
that exist in electronic magnetic or other intangible form in a non-proprietary format such as but not
limited to ASCII or TXT
(d) Upon receipt of a written notice of Termination from the Agency the Contractor shall cease operations
as the Agency directs in the notice and take all actions that are necessary or appropriate or that the
Agency may reasonably direct for the protection and preservation of the Goods and any other property
Except for any work which the Agency directs the Contractor to Perform in the notice prior to the
effective date of Termination and except as otherwise provided in the notice the Contractor shall
terminate or conclude all existing subcontracts and purchase orders and shall not enter into any further
subcontracts purchase orders or commitments
(e) The Agency shall within forty-five (45) days of the effective date of Termination reimburse the
Contractor for its Performance rendered and accepted by the Agency in addition to all actual and
reasonable costs incurred after Termination in completing those portions of the Performance which the
notice required the Contractor to complete However the Contractor is not entitled to receive and the
Agency is not obligated to tender to the Contractor any payments for anticipated or lost profits Upon
request by the Agency the Contractor shall assign to the Agency or any replacement contractor which
the Agency designates all subcontracts purchase orders and other commitments deliver to the Agency
all Records and other information pertaining to its Performance and remove from State premises
whether leased or owned all of Contractorrsquos property equipment waste material and rubbish related to
its Performance all as the Agency may request
(f) For breach or violation of any of the provisions in the section concerning Representations and
Warranties the Agency may Terminate the Contract in accordance with its terms and revoke any
consents to assignments given as if the assignments had never been requested or consented to without
liability to the Contractor or Contractor Parties or any third party
(g) Upon Termination of the Contract all rights and obligations shall be null and void so that no party shall
Page 20 of 23
have any further rights or obligations to any other party except with respect to the sections which survive
Termination All representations warranties agreements and rights of the parties under the Contract
shall survive such Termination to the extent not otherwise limited in the Contract and without each one
of them having to be specifically mentioned in the Contract
(h) Termination of the Contract pursuant to this section shall not be deemed to be a breach of contract by
the Agency
4 Indemnification
(a) The Contractor shall indemnify defend and hold harmless the State and its officers representatives
agents servants employees successors and assigns from and against any and all (1) Claims arising
directly or indirectly in connection with the Contract including the acts of commission or omission
(collectively the Acts) of the Contractor or Contractor Parties and (2) liabilities damages losses
costs and expenses including but not limited to attorneys and other professionals fees arising directly
or indirectly in connection with Claims Acts or the Contract The Contractor shall use counsel
reasonably acceptable to the State in carrying out its obligations under this section The Contractorrsquos
obligations under this section to indemnify defend and hold harmless against Claims includes Claims
concerning confidentiality of any part of or all of the Contractorrsquos bid proposal or any Records any
intellectual property rights other proprietary rights of any person or entity copyrighted or uncopyrighted
compositions secret processes patented or unpatented inventions articles or appliances furnished or
used in the Performance
(b) The Contractor shall not be responsible for indemnifying or holding the State harmless from any liability
arising due to the negligence of the State or any other person or entity acting under the direct control or
supervision of the State
(c) The Contractor shall reimburse the State for any and all damages to the real or personal property of the
State caused by the Acts of the Contractor or any Contractor Parties The State shall give the Contractor
reasonable notice of any such Claims
(d) The Contractorrsquos duties under this section shall remain fully in effect and binding in accordance with the
terms and conditions of the Contract without being lessened or compromised in any way even where
the Contractor is alleged or is found to have merely contributed in part to the Acts giving rise to the
Claims andor where the State is alleged or is found to have contributed to the Acts giving rise to the
Claims
(e) The Contractor shall carry and maintain at all times during the term of the Contract and during the time
that any provisions survive the term of the Contract sufficient general liability insurance to satisfy its
obligations under this Contract The Contractor shall cause the State to be named as an additional insured
on the policy and shall provide (1) a certificate of insurance (2) the declaration page and (3) the
additional insured endorsement to the policy to the State and the Client Agency all in an electronic format
acceptable to the State prior to the Effective Date of the Contract evidencing that the State is an additional
insured The Contractor shall not begin Performance until the delivery of these three documents to the
Client Agency Contractor shall provide an annual electronic update of the three documents to the Client
Agency and the State on or before each anniversary of the Effective Date during the Contract term State
shall be entitled to recover under the insurance policy even if a body of competent jurisdiction determines
that State is contributorily negligent
(f) This section shall survive the Termination of the Contract and shall not be limited by reason of any
insurance coverage
5 Sovereign Immunity The parties acknowledge and agree that nothing in the Solicitation or the Contract shall
be construed as a modification compromise or waiver by the State of any rights or defenses of any immunities
provided by Federal law or the laws of the State of Connecticut to the State or any of its officers and employees
which they may have had now have or will have with respect to all matters arising out of the Contract To the
extent that this section conflicts with any other section this section shall govern
6 Protection of Confidential Information Contractor and Contractor Parties at their own expense have a duty to
and shall protect from a Confidential Information Breach any and all Confidential Information which they come
to possess or control wherever and however stored or maintained in a commercially reasonable manner in
accordance with current industry standards
(b) Each Contractor or Contractor Party shall develop implement and maintain a comprehensive data -
security program for the protection of Confidential Information The safeguards contained in such
Page 21 of 23
program shall be consistent with and comply with the safeguards for protection of Confidential
Information and information of a similar character as set forth in all applicable federal and state law
and written policy of the Agency or State concerning the confidentiality of Confidential Information
Such data-security program shall include but not be limited to the following
(1) A security policy for employees related to the storage access and transportation of data containing
Confidential Information
(2) Reasonable restrictions on access to records containing Confidential Information including access
to any locked storage where such records are kept
(3) A process for reviewing policies and security measures at least annually
(4) Creating secure access controls to Confidential Information including but not limited to passwords
and
(5) Encrypting of Confidential Information that is stored on laptops portable devices or being
transmitted electronically
(c) The Contractor and Contractor Parties shall notify the Agency and the Connecticut Office of the Attorney
General as soon as practical but no later than twenty-four (24) hours after they become aware of or
suspect that any Confidential Information which Contractor or Contractor Parties have come to possess
or control has been subject to a Confidential Information Breach If a Confidential Information Breach
has occurred the Contractor shall within three (3) business days after the notification present a credit
monitoring and protection plan to the Commissioner of Administrative Services the Agency and the
Connecticut Office of the Attorney General for review and approval Such credit monitoring or
protection plan shall be made available by the Contractor at its own cost and expense to all individuals
affected by the Confidential Information Breach Such credit monitoring or protection plan shall include
but is not limited to reimbursement for the cost of placing and lifting one (1) security freeze per credit
file pursuant to Connecticut General Statutes sect 36a-701a Such credit monitoring or protection plans
shall be approved by the State in accordance with this Section and shall cover a length of time
commensurate with the circumstances of the Confidential Information Breach The Contractorsrsquo costs
and expenses for the credit monitoring and protection plan shall not be recoverable from the Agency
any State of Connecticut entity or any affected individuals
(d) The Contractor shall incorporate the requirements of this Section in all subcontracts requiring each
Contractor Party to safeguard Confidential Information in the same manner as provided for in this
Section
(e) Nothing in this Section shall supersede in any manner Contractorrsquos or Contractor Partyrsquos obligations
pursuant to HIPAA or the provisions of this Contract concerning the obligations of the Contractor as a
Business Associate of Covered Entity
7 Executive Orders This Contract is subject to the provisions of Executive Order No Three of Governor Thomas
J Meskill promulgated June 16 1971 concerning labor employment practices Executive Order No Seventeen
of Governor Thomas J Meskill promulgated February 15 1973 concerning the listing of employment
openings and Executive Order No Sixteen of Governor John G Rowland promulgated August 4 1999
concerning violence in the workplace all of which are incorporated into and are made a part of the Contract as
if they had been fully set forth in it The Contract may also be subject to Executive Order No 14 of Governor
M Jodi Rell promulgated April 17 2006 concerning procurement of cleaning products and services and to
Executive Order No 49 of Governor Dannel P Malloy promulgated May 22 2015 mandating disclosure of
certain gifts to public employees and contributions to certain candidates for office If Executive Order 14 andor
Executive Order 49 are applicable they are deemed to be incorporated into and are made a part of the Contract
as if they had been fully set forth in it At the Contractorrsquos request the Client Agency or DAS shall provide a
copy of these orders to the Contractor
8 State Liability The State of Connecticut shall assume no liability for payment for services under the terms of
this agreement until the contractor is notified that this agreement has been accepted by the contracting agency
and if applicable approved by the Office of Policy and Management (OPM) or the Department of
Administrative Services (DAS) and by the Attorney General of the State of Connecticut
9 Distribution of Materials The Contractor shall obtain written approval from the Commissioner prior to the
distribution or publication of any materials prepared under the terms of this Contract Such approval shall not
be unreasonably withheld
10 Change in Principal Project Staff Any changes in the principal project staff must be requested in writing and
approved in writing by the Commissioner at the Commissionerrsquos sole discretion In the event of any
Page 22 of 23
unapproved change in principal project staff the Commissioner may in the Commissionerrsquos sole discretion
terminate this Contract
11 Further Assurances The Parties shall provide such information execute and deliver any instruments and
documents and take such other actions as may be necessary or reasonably requested by the other Party which
are not inconsistent with the provisions of this Contract and which do not involve the vesting of rights or
assumption of obligations other than those provided for in the Contract in order to give full effect to the
Contract and to carry out the intent of the Contract
12 Third Party Participation The Contractor may make sub-awards using either its own competitive selection
process or the values established in the statersquos competitive selection process as outlined in DAS General Letter
71 whichever is more restrictive to conduct any of the tasks in the Scope of Work contained in Appendix A
The Contractor shall advise the Commissioner of the proposed sub-awardee and the amount allocated at least
two (2) weeks prior to the making of such awards The Commissioner reserves the right to disapprove such
awards if they appear to be inconsistent with the program activities to be conducted under this grant As
required by Sec 46a-68j-23 of the Connecticut Regulations of State Agencies the Contractor must make a good
faith effort based upon the availability of minority business enterprises in the labor market area to award a
reasonable proportion of all subcontracts to such enterprises When minority business enterprises are selected
the Contractor shall provide DEEP with a copy of the Affidavit for Certification of Subcontractors as Minority
Business Enterprises (MBE) along with a copy of the purchase order or contract engaging the Subcontractor
The Contractor shall be the sole point of contact concerning the management of the Contract including
performance and payment issues The Contractor is solely and completely responsible for adherence by any
subcontractor to all the applicable provisions of the Contract
13 Americans with Disabilities Act The Contractor shall be and remain in compliance with the Americans with
Disabilities Act of 1990 (ldquoActrdquo) to the extent applicable during the term of the Contract The DEEP may
cancel the Contract if the Contractor fails to comply with the Act
14 Affirmative Action and Sexual Harassment Policies The Contractor agrees to comply with the Departments
Affirmative Action and Sexual Harassment Policies available on DEEPrsquos web site Hard copies of the policy
statements are available upon request at DEEP
15 Breach If either Party breaches the Contract in any respect the non-breaching Party shall provide written
notice of the breach to the breaching Party and afford the breaching Party an opportunity to cure within ten (10)
days from the date that the breaching Party receives the notice In the case of a Contractor breach any other
time period which the Agency sets forth in the notice shall trump the ten (10) days The right to cure period
shall be extended if the non-breaching Party is satisfied that the breaching Party is making a good faith effort
to cure but the nature of the breach is such that it cannot be cured within the right to cure period The notice
may include an effective Contract Termination date if the breach is not cured by the stated date and unless
otherwise modified by the non-breaching Party in writing prior to the Termination date no further action shall
be required of any Party to effect the Termination as of the stated date If the notice does not set forth an
effective Contract Termination date then the non-breaching Party may Terminate the Contract by giving the
breaching Party no less than twenty four (24) hours prior written notice If the Agency believes that the
Contractor has not performed according to the Contract the Agency may withhold payment in whole or in part
pending resolution of the Performance issue provided that the Agency notifies the Contractor in writing prior
to the date that the payment would have been due
16 Severability If any term or provision of the Contract or its application to any person entity or circumstance
shall to any extent be held to be invalid or unenforceable the remainder of the Contract or the application of
such term or provision shall not be affected as to persons entities or circumstances other than those as to whom
or to which it is held to be invalid or unenforceable Each remaining term and provision of the Contract shall
be valid and enforced to the fullest extent possible by law
17 The Town Guarantee The Town shall furnish adequate protection from damage for all work and to repair any
damage of any kind for which he or his workmen are responsible to premises or any equipment to his own
work or to the work of the Agency pay for all permits licenses and fees and to give all notices and comply
with all laws ordinances rules and regulations of the city state and federal government
18 Force Majeure The Parties shall not be excused from their obligation to perform in accordance with the
Contract except in the case of Force Majeure events and as otherwise provided for in the Contract A Force
Majeure event materially affects the cost of the Goods or Services or the time schedule for performance and is
outside the control nor caused by the Parties In the case of any such exception the nonperforming Party shall
give immediate written notice to the other explaining the cause and probable duration of any such
Page 23 of 23
nonperformance
19 Entirety of Contract The Contract is the entire agreement between the Parties with respect to its subject matter
and supersedes all prior agreements proposals offers counteroffers and understandings of the Parties whether
written or oral The Contract has been entered into after full investigation neither Party relying upon any
statement or representation by the other unless such statement or representation is specifically embodied in the
Contract
20 Interpretation The Contract contains numerous references to statutes and regulations For purposes of
interpretation conflict resolution and otherwise the content of those statutes and regulations shall govern over
the content of the reference in the Contract to those statutes and regulations
A-1
Attachment A
Scope of Work
Mobile Food and Beverage Concession Services
1 Insurance The Concessionaire shall furnish evidence of insurance A Certificate of Insurance
covering each annual period of this contract shall reflect the following limits and shall be submitted
by the Concessionaire to the Department of Energy and Environmental Protection by April 1 of each
year this contract is in effect
a Commercial General Liability insurance providing a total limit of $1000000 for all damages
arising from bodily injury to or death of all persons in any accident or occurrence and for all
damages arising from the destruction of or damage to property in any one accident or occurrence
In cases where any insurance policy shows an aggregate limit the aggregate shall apply solely to
the concession operation or the aggregate limit shall be not less than $2000000
b The operation of all motor vehicles including those hired or borrowed used in connection with
this contract shall be covered by Automobile Liability insurance providing for a total limit of
$1000000 for all damages arising from bodily injuries to or death of all persons in any one
accident or occurrence and for all damages arising from the destruction of or damage to property
in any one accident or occurrence In cases where any insurance policy shows an aggregate limit
the aggregate shall apply solely to the concession operation or the aggregate limit shall be not less
than $2000000
c The Concessionaire shall carry Workerrsquos Compensation insurance in accordance with the
requirements of the laws of the State of Connecticut
d Said coveragersquos are to be provided by insurance companies licensed by the State of Connecticut
e Any deductibles or self-insured retentions must be declared and approved by the State
f The State of Connecticut shall be listed as an Additional Insured on all required coverage
2 Commodities and Price List
a The Concessionaire shall be allowed to sell food and beverages as approved in advance by the
Commissioner
b The Concessionaire shall be allowed to sell souvenirs and other outdoor recreation related
merchandise hereinafter referred to collectively as merchandise as approved in advance by the
Commissioner
c By April 1 of each year that this contract is in effect the Concessionaire shall submit for approval
a price list of all foods beverages and merchandise for sale hereinafter referred to collectively as
commodities to the Department of Energy and Environmental Protection Bureau of Outdoor
Recreation Division of State Parks and Public Outreach 79 Elm Street Hartford CT 06106-5127
d Any price increases or additions of commodities are subject to the prior written approval of the
Commissioner
e The Concessionaire shall post a price list of all commodities for sale in full public view while in
operation
f Whenever the park name is used on merchandise the complete park name shall be used
g The Concessionaire warrants that all commodities offered for sale shall not exceed in price nor be
substandard in quality or quantity to like commodities sold in the surrounding community
A-2
3 Sunscreen All concession operations in a park having a designated swimming area shall have
sunscreen with a Sun Protection Factor (SPF) of at least 15 for adults and 45 for children available for
sale to the general public
4 Use of Biodegradable Products To the extent practicable the Concessionaire agrees to use
recyclable and biodegradable products and packaging in all of its operations ie paper products or
products containing recycled contents The Concessionaire agrees to not dispense food or beverages
in close-celled foam-based containers
5 Prohibitions The Concessionaire shall not
a dispense food or beverages in glass containers
b dispense alcoholic beverages
c sell snorkels beach balls rafts or other inflatable or buoyant devices except US Coast Guard
approved personal flotation devices (PFDs)
d permit gratuities to employees of the State of Connecticut
e provide video or pinball games
6 Hours of Operation
a The Concessionaire may operate the Concession daily between 800 am and sunset on any day
that this contract is in effect
b From the Saturday before Memorial Day through July 4th the Concessionaire shall open the
concession on Saturdays Sundays and holidays not later than 1100 am except during inclement
weather and the concession shall remain open at least until three hours before but not later than
sunset
c From July 4th through Labor Day the Concessionaire shall open the concession daily not later than
1100 am except during inclement weather and the concession shall remain open at least until
three hours before but not later than sunset
d Deviations from the above stated schedules are allowable but must receive advanced approval in
writing from the Park and Recreation Supervisor
e When closing due to inclement weather the Concessionaire shall immediately notify the Park and
Recreation Supervisor The Concessionaire shall keep in the concession vehicle at all times a log
of all closures due to inclement weather and it shall be immediately available to the Park and
Recreation Supervisor upon request for inspection
f Within 30 days of closing the concession for the season but in no case later than December 31 of
each calendar year that this contract is in effect the Concessionaire shall submit an Annual
Inclement Weather Closure Report to the Park and Recreation Supervisor
7 Health Department Inspections The Concessionaire is responsible for scheduling inspections by
the appropriate local health department prior to April 15th of each year this contract is in effect The
Concessionaire is responsible for and shall directly pay for any fees charged for such inspections
8 Health Department Permit The Concessionaire will annually obtain a ldquopermit to sellrdquo from the local
health department and submit a copy of said permit to the DEEP Division of State Parks amp Public
Outreach not later than April 30th of each year this contract is in effect Other Permits The
Concessionaire shall be solely responsible for securing any other licenses permits approvals or
waivers required by any other federal state regional or municipal authority having jurisdiction in the
town(s) in which the Concession is located
9 State Property The Concessionaire shall install no fixed equipment nor make any physical changes
to state property without the prior written approval of DEEP Any improvements or permanent fixtures
approved by the DEEP and provided by the Concessionaire during the term of this contract shall
immediately become the property of the State of Connecticut
A-3
10 Public Health Code The Concessionaire agrees to conform to the Public Health Code of the State of
Connecticut concerning the storage handling and vending of food
11 Refuse Disposal The Concessionaire at its sole expense shall be responsible for the proper disposal
and removal of all recyclables and trash generated by operation of the concession For additional
information see the DEEP website for Managing Waste and Recycling at Special Events and Other
Venues the direct URL address for which is
httpwwwctgovdepcwpviewaspa=2714ampq=434054ampdepNav_GID=1645
12 General Maintenance The Concessionaire shall be responsible for maintaining the Concession area
in a clean sanitary and orderly manner
13 Exclusivity With the exception of vending machines and commodities having prior written approval
for DEEP sanctioned events including but not limited to events authorized by a Special Use License
the Concessionaire shall have the exclusive right to sell commodities within the property named
herein
14 Vending Machines The State of Connecticut Board of Education and Services for the Blind (BESB)
shall have exclusive rights to vending machines on the premises of the concessions and other
authorized areas within the park or forest for the purpose of vending foods and beverages and to collect
receipts there from provided that the number and locations of such vending machines shall receive
prior written approval from a representative of the DEEP
15 Rights of Park Visitors The Concessionaire agrees that nothing contained in the terms of this
contract shall prevent visitors from bringing food to the park and preparing such food for personal
consumption including dispensing such food at no charge to other park visitors Park visitors may
also utilize private catering services with advanced written approval of the Park and Recreation
Supervisor Said catering services may only be permitted with the condition that no financial
transactions occur on DEEP property
16 Concession Staffing The concession shall be staffed only by the Concessionaire or its employee(s)
or other agents identified herein unless otherwise authorized by the Commissioner in writing
17 Code of Conduct Due to the public service nature of the Concession the Concessionaire and all
employees of the Concessionaire shall conduct themselves in a courteous respectful and professional
manner with all members of the public
18 Appearance The Concessionaire and its employees shall be clean and neat in appearance Wearing
an item of uniform eg a shirt hat or badge identifying the name of the Concessionaire employee or
business is encouraged
19 Audible Devices The Concessionaire shall activate audible devices (loudspeakers music bells etc)
only in accordance with instructions provided by the Park and Recreation Supervisor Instructions are
subject to change immediately at the discretion of the Park and Recreation Supervisor
20 Concession Location Unless authorized by the Park and Recreation Supervisor to do otherwise the
Concessionaire agrees to
a identify all park-and-sit locations or drive-through routes on a park map
b confine all concession operations to the designated Concession areas
c confine all sales and advertising to the concession vehicle
d provide garbage and recycling receptacles for customer use
21 Food Inspection An authorized representative of the Commissioner may conduct an unannounced
in-season food inspection once per calendar year Upon request the Concessionaire shall provide a
A-4
range of food and beverage items proportionate to one meal to the Commissionerrsquos
representative for food-tasting purposes
22 Financial Reporting Within 30 days of closing the Concession for the season but in no case
later than December 31 of each calendar year that this contract is in effect the Concessionaire
shall submit a certified statement of annual gross receipts attested to by a Notary Public or a
Commissioner of the Superior Court to Department of Energy and Environmental Protection
Bureau of Outdoor Recreation Division of State Parks and Public Outreach 79 Elm Street
Hartford CT 06106-5127
23 Revenue DEEP shall have no responsibility for revenue loss directly or indirectly attributable
to DEEP management actions including but not limited to changes in park or campground
schedules or operations or in services provided to the visiting public DEEP shall have no
responsibility for revenue loss directly or indirectly attributable to uncontrollable phenomena
including but not limited to attendance loss weather conditions or other Acts of God
24 Compliance The Concessionaire agrees to comply with the regulations of the Department of
Energy and Environmental Protection regarding State Park and Forest Recreation Areas and
with any other department policy concerning the operation of concessions
The parties have hereunto set their hands
SIGNED AND DELIVERED below
STATE OF CONNECTICUT
Department of Energy and Environmental
Protection
CONCESSIONAIRE
BY BY
Date Date
Contract ______________
Acct Fund SID DeptId Prog Project Bud
Ref Amount
Funds available Date
Attorney General (Approved as to Form) Date
Page 13 of 23
Development beyond what has previously been permitted must be reviewed by the
Gateway Commission to ensure that it meets the mission and goals of the Gateway
Commission
H Limitations on the Site
A Hours of Operation Hours of Operation of the Concession shall be limited to Sunrise
until 200AM (0200 Hrs)
B Overnight Parking All vehicles must vacate the property by 200 AM (0200Hrs)
C Alcohol Service will be limited to the vessel No alcohol service shall be allowed on
the docks or in other locations on the property
D Amplified sound (bands DJ etc) with the exception of safety instructions shall
not commence until vessels have departed from the dock and must cease prior to final
docking
E Concession shall not sublet any part of the property unless approved by the
Department of Energy amp Environmental Protection
F No new structures shall be erected and no maintenance shall be done to the existing
docks unless approved in writing by the Commissioner or Designee of the
Department of Energy amp Environmental Protection and all applicable permits have
been obtained
Page 14 of 23
Maps of Site
Page 15 of 23
Page 16 of 23
LETTER OF INTENT TO SUBMIT A PROPOSAL
State of Connecticut
Department of Energy amp Environmental Protection
RFP for Eagle Landing State Park
Return to Tenia Seay
Department of Energy amp Environmental Protection
Bureau of Outdoor Recreation
79 Elm Street
Hartford CT 06106-5127
860-424-3064 (Phone)
860-424-4070 (FAX)
Return Deadline 400 pm July 20 2020
The individual firm or corporation below intends to submit a proposal in response to the above referenced RFP
Note This letter is a non-binding expression of interest and does not obligate the sender to submit a proposal
The individual firm or corporation below has reviewed and if selected accepts the agencyrsquos standard contract and
conditions (provided in the RFP) in their entirety and without amendment
Name
Mailing Address
Contact Person
Telephone
FAX
Signature
Title Date
Page 17 of 23
STATE OF CONNECTICUT
DEPARTMENT OF ENERGY AND ENVIRONMENTAL PROTECTION
BUREAU OF OUTDOOR RECREATION AND
CONNECTICUT STATE PARK AND FOREST RECREATION AREA
MOBILE FOOD AND BEVERAGE CONCESSION
THIS CONTRACT is made by and between the STATE OF CONNECTICUT acting herein by
the Commissioner of the Department of Energy and Environmental Protection hereinafter referred
to as Commissionerrdquo or DEEP or ldquoStaterdquo and [Insert Concessionaire] of the Town of
Waterbury and the state of Connecticut hereinafter referred to as the Concessionaire or
ldquoContractorrdquo
WITNESSETH
WHEREAS the Commissioner of Energy and Environmental Protection pursuant to Conn Gen
Stat 23-26 has the authority to enter into contractual relations with persons for the maintenance
of concessions and other sources of revenue to be derived from services to the general public using
state parks and
WHEREAS the Concessionaire desires to operate a Mobile Food and Beverage Concession
Service and render services to the public at
[Insert Name of Location]
NOW THEREFORE it is hereby agreed as follows
1 Mobile Food and Beverage Concession Service The Concessionaire agrees to operate a
Mobile Food and Beverage Concession Service at the above noted facility The Concessionaire
is responsible for all work included in this Contract Details regarding the Scope of Work are
included in Attachment A which is attached hereto and is hereby made a part of this contract
2 Duration The Commissioner hereby grants to the Concessionaire the exclusive right to
operate the above Mobile Food and Beverage Concession Service at the location identified for
the period commencing upon contract execution through [insert expiration date] At the
Commissionerrsquos sole discretion this contract may be renewed for up to [Insert number] years
without further competition
3 Payment In consideration of said rights and privileges the Concessionaire agrees to pay a
total of [insert amount] to the State of Connecticut due by [insert date] Payments shall be
made by check draft or money order payable to Treasurer State of Connecticut and
delivered or mailed to the Department of Energy and Environmental Protection Accounts
Receivable 79 Elm Street Hartford Connecticut 06106-5127
4 Nondisclosure Contactor shall not release any information concerning the services provided
pursuant to the Contract or any part thereof to any member of the public press business entity
or any official body unless prior written consent is obtained from the State
Page 18 of 23
STANDARD TERMS AND CONDITIONS (Rev 8302019)
1 Definitions
(a) State The State of Connecticut including the Department of Energy and Environmental Protection and
any office department board council commission institution or other agency of the State
(b) Commissioner The Commissioner of Energy and Environmental Protection or the Commissionerrsquos
designated agent
(c) Parties The Department of Energy and Environmental Protection (DEEP or Agency) and the Contractor
(d) Contractor Parties Contractor Parties shall be defined as a Contractorrsquos members directors officers
shareholders partners managers principal officers representatives agents servants consultants employees
or any one of them or any other person or entity with whom the Contractor is in privity of oral or written
contract and the Contractor intends for such other person or entity to Perform under the Contract in any
capacity To the extent that any Contractor Party is to participate or Perform in any way directly or indirectly
in connection with the Contract any reference in the Contract to the ldquoContractorrdquo shall also be deemed to
include ldquoContractor Partiesrdquo as if such reference had originally specifically included ldquoContractor Partiesrdquo
since it is the Partiesrsquo intent for the terms ldquoContractor Partiesrdquo to be vested with the same respective rights
and obligations as the terms ldquoContractorrdquo
(e) Contract This agreement as of its Effective Date between the Contractor and the State for any or all
goods or services as more particularly described in Appendix A
(f) Execution This contract shall be fully executed when it has been signed by authorized representatives
of the parties and if it is for an amount of Twenty-five thousand dollars ($2500000) or more by the
authorized representative of the state Attorney Generals office
(g) Exhibits All attachments appendices or exhibits referred to in and attached to this Contract are
incorporated in this Contract by such reference and shall be deemed to be a part of it as if they had been fully
set forth in it
(h) Records For the purposes of this Contract records are defined as all working papers and such other
information and materials as may have been accumulated by the Contractor in performing the Contract
including but not limited to documents data plans books computations drawings specifications notes
reports records estimates summaries and correspondence kept or stored in any form
(i) Confidential Information Confidential Information shall mean any name number or other information
that may be used alone or in conjunction with any other information to identify a specific individual
including but not limited to such individuals name date of birth mothers maiden name motor vehicle
operators license number Social Security number employee identification number employer or taxpayer
identification number alien registration number government passport number health insurance
identification number demand deposit account number savings account number credit card number debit
card number or unique biometric data such as fingerprint voice print retina or iris image or other unique
physical representation Without limiting the foregoing Confidential Information shall also include any
information that the Department classifies as ldquoconfidentialrdquo or ldquorestrictedrdquo Confidential Information shall
not include information that may be lawfully obtained from publicly available sources or from federal state
or local government records which are lawfully made available to the general public
(j) Confidential Information Breach Confidential Information Breach shall mean generally an instance
where an unauthorized person or entity accesses Confidential Information in any manner including but not
limited to the following occurrences (1) any Confidential Information that is not encrypted or protected is
misplaced lost stolen or in any way compromised (2) one or more third parties have had access to or taken
control or possession of any Confidential Information that is not encrypted or protected without prior written
authorization from the State (3) the unauthorized acquisition of encrypted or protected Confidential
Information together with the confidential process or key that is capable of compromising the integrity of the
Confidential Information or (4) if there is a substantial risk of identity theft or fraud to the client the
Contractor the Department or State
Page 19 of 23
(k) Claim Claim shall mean all actions suits claims demands investigations and proceedings of any kind
open pending or threatened whether mature unmatured contingent known or unknown at law or in equity
in any forum
2 Forum and Choice of Law The parties deem the Contract to have been made in the City of Hartford State of
Connecticut Both parties agree that it is fair and reasonable for the validity and construction of the Contract
to be and it shall be governed by the laws and court decisions of the State of Connecticut without giving effect
to its principles of conflicts of laws To the extent that any immunities provided by Federal law or the laws of
the State of Connecticut do not bar an action against the State and to the extent that these courts are courts of
competent jurisdiction for the purpose of venue the complaint shall be made returnable to the Judicial District
of Hartford only or shall be brought in the United States District Court for the District of Connecticut only and
shall not be transferred to any other court provided however that nothing here constitutes a waiver or
compromise of the sovereign immunity of the State of Connecticut The Contractor waives any objection which
it may now have or will have to the laying of venue of any Claims in any forum and further irrevocably submits
to such jurisdiction in any suit action or proceeding
3 Termination
(a) Notwithstanding any provisions in this Contract the Agency through a duly authorized employee may
Terminate the Contract whenever the Agency makes a written determination that such Termination is in
the best interests of the State The Agency shall notify the Contractor in writing of Termination pursuant
to this section which notice shall specify the effective date of Termination and the extent to which the
Contractor must complete its Performance under the Contract prior to such date
(b) Notwithstanding any provisions in this Contract the Agency through a duly authorized employee may
after making a written determination that the Contractor has breached the Contract Terminate the
Contract in accordance with the provisions in the Breach section of this Contract
(c) The Agency shall send the notice of Termination via certified mail return receipt requested to the
Contractor at the most current address which the Contractor has furnished to the Agency for purposes of
correspondence or by hand delivery Upon receiving the notice from the Agency the Contractor shall
immediately discontinue all services affected in accordance with the notice undertake all commercially
reasonable efforts to mitigate any losses or damages and deliver to the Agency all Records The Records
are deemed to be the property of the Agency and the Contractor shall deliver them to the Agency no later
than thirty (30) days after the Termination of the Contract or fifteen (15) days after the Contractor
receives a written request from the Agency for the Records The Contractor shall deliver those Records
that exist in electronic magnetic or other intangible form in a non-proprietary format such as but not
limited to ASCII or TXT
(d) Upon receipt of a written notice of Termination from the Agency the Contractor shall cease operations
as the Agency directs in the notice and take all actions that are necessary or appropriate or that the
Agency may reasonably direct for the protection and preservation of the Goods and any other property
Except for any work which the Agency directs the Contractor to Perform in the notice prior to the
effective date of Termination and except as otherwise provided in the notice the Contractor shall
terminate or conclude all existing subcontracts and purchase orders and shall not enter into any further
subcontracts purchase orders or commitments
(e) The Agency shall within forty-five (45) days of the effective date of Termination reimburse the
Contractor for its Performance rendered and accepted by the Agency in addition to all actual and
reasonable costs incurred after Termination in completing those portions of the Performance which the
notice required the Contractor to complete However the Contractor is not entitled to receive and the
Agency is not obligated to tender to the Contractor any payments for anticipated or lost profits Upon
request by the Agency the Contractor shall assign to the Agency or any replacement contractor which
the Agency designates all subcontracts purchase orders and other commitments deliver to the Agency
all Records and other information pertaining to its Performance and remove from State premises
whether leased or owned all of Contractorrsquos property equipment waste material and rubbish related to
its Performance all as the Agency may request
(f) For breach or violation of any of the provisions in the section concerning Representations and
Warranties the Agency may Terminate the Contract in accordance with its terms and revoke any
consents to assignments given as if the assignments had never been requested or consented to without
liability to the Contractor or Contractor Parties or any third party
(g) Upon Termination of the Contract all rights and obligations shall be null and void so that no party shall
Page 20 of 23
have any further rights or obligations to any other party except with respect to the sections which survive
Termination All representations warranties agreements and rights of the parties under the Contract
shall survive such Termination to the extent not otherwise limited in the Contract and without each one
of them having to be specifically mentioned in the Contract
(h) Termination of the Contract pursuant to this section shall not be deemed to be a breach of contract by
the Agency
4 Indemnification
(a) The Contractor shall indemnify defend and hold harmless the State and its officers representatives
agents servants employees successors and assigns from and against any and all (1) Claims arising
directly or indirectly in connection with the Contract including the acts of commission or omission
(collectively the Acts) of the Contractor or Contractor Parties and (2) liabilities damages losses
costs and expenses including but not limited to attorneys and other professionals fees arising directly
or indirectly in connection with Claims Acts or the Contract The Contractor shall use counsel
reasonably acceptable to the State in carrying out its obligations under this section The Contractorrsquos
obligations under this section to indemnify defend and hold harmless against Claims includes Claims
concerning confidentiality of any part of or all of the Contractorrsquos bid proposal or any Records any
intellectual property rights other proprietary rights of any person or entity copyrighted or uncopyrighted
compositions secret processes patented or unpatented inventions articles or appliances furnished or
used in the Performance
(b) The Contractor shall not be responsible for indemnifying or holding the State harmless from any liability
arising due to the negligence of the State or any other person or entity acting under the direct control or
supervision of the State
(c) The Contractor shall reimburse the State for any and all damages to the real or personal property of the
State caused by the Acts of the Contractor or any Contractor Parties The State shall give the Contractor
reasonable notice of any such Claims
(d) The Contractorrsquos duties under this section shall remain fully in effect and binding in accordance with the
terms and conditions of the Contract without being lessened or compromised in any way even where
the Contractor is alleged or is found to have merely contributed in part to the Acts giving rise to the
Claims andor where the State is alleged or is found to have contributed to the Acts giving rise to the
Claims
(e) The Contractor shall carry and maintain at all times during the term of the Contract and during the time
that any provisions survive the term of the Contract sufficient general liability insurance to satisfy its
obligations under this Contract The Contractor shall cause the State to be named as an additional insured
on the policy and shall provide (1) a certificate of insurance (2) the declaration page and (3) the
additional insured endorsement to the policy to the State and the Client Agency all in an electronic format
acceptable to the State prior to the Effective Date of the Contract evidencing that the State is an additional
insured The Contractor shall not begin Performance until the delivery of these three documents to the
Client Agency Contractor shall provide an annual electronic update of the three documents to the Client
Agency and the State on or before each anniversary of the Effective Date during the Contract term State
shall be entitled to recover under the insurance policy even if a body of competent jurisdiction determines
that State is contributorily negligent
(f) This section shall survive the Termination of the Contract and shall not be limited by reason of any
insurance coverage
5 Sovereign Immunity The parties acknowledge and agree that nothing in the Solicitation or the Contract shall
be construed as a modification compromise or waiver by the State of any rights or defenses of any immunities
provided by Federal law or the laws of the State of Connecticut to the State or any of its officers and employees
which they may have had now have or will have with respect to all matters arising out of the Contract To the
extent that this section conflicts with any other section this section shall govern
6 Protection of Confidential Information Contractor and Contractor Parties at their own expense have a duty to
and shall protect from a Confidential Information Breach any and all Confidential Information which they come
to possess or control wherever and however stored or maintained in a commercially reasonable manner in
accordance with current industry standards
(b) Each Contractor or Contractor Party shall develop implement and maintain a comprehensive data -
security program for the protection of Confidential Information The safeguards contained in such
Page 21 of 23
program shall be consistent with and comply with the safeguards for protection of Confidential
Information and information of a similar character as set forth in all applicable federal and state law
and written policy of the Agency or State concerning the confidentiality of Confidential Information
Such data-security program shall include but not be limited to the following
(1) A security policy for employees related to the storage access and transportation of data containing
Confidential Information
(2) Reasonable restrictions on access to records containing Confidential Information including access
to any locked storage where such records are kept
(3) A process for reviewing policies and security measures at least annually
(4) Creating secure access controls to Confidential Information including but not limited to passwords
and
(5) Encrypting of Confidential Information that is stored on laptops portable devices or being
transmitted electronically
(c) The Contractor and Contractor Parties shall notify the Agency and the Connecticut Office of the Attorney
General as soon as practical but no later than twenty-four (24) hours after they become aware of or
suspect that any Confidential Information which Contractor or Contractor Parties have come to possess
or control has been subject to a Confidential Information Breach If a Confidential Information Breach
has occurred the Contractor shall within three (3) business days after the notification present a credit
monitoring and protection plan to the Commissioner of Administrative Services the Agency and the
Connecticut Office of the Attorney General for review and approval Such credit monitoring or
protection plan shall be made available by the Contractor at its own cost and expense to all individuals
affected by the Confidential Information Breach Such credit monitoring or protection plan shall include
but is not limited to reimbursement for the cost of placing and lifting one (1) security freeze per credit
file pursuant to Connecticut General Statutes sect 36a-701a Such credit monitoring or protection plans
shall be approved by the State in accordance with this Section and shall cover a length of time
commensurate with the circumstances of the Confidential Information Breach The Contractorsrsquo costs
and expenses for the credit monitoring and protection plan shall not be recoverable from the Agency
any State of Connecticut entity or any affected individuals
(d) The Contractor shall incorporate the requirements of this Section in all subcontracts requiring each
Contractor Party to safeguard Confidential Information in the same manner as provided for in this
Section
(e) Nothing in this Section shall supersede in any manner Contractorrsquos or Contractor Partyrsquos obligations
pursuant to HIPAA or the provisions of this Contract concerning the obligations of the Contractor as a
Business Associate of Covered Entity
7 Executive Orders This Contract is subject to the provisions of Executive Order No Three of Governor Thomas
J Meskill promulgated June 16 1971 concerning labor employment practices Executive Order No Seventeen
of Governor Thomas J Meskill promulgated February 15 1973 concerning the listing of employment
openings and Executive Order No Sixteen of Governor John G Rowland promulgated August 4 1999
concerning violence in the workplace all of which are incorporated into and are made a part of the Contract as
if they had been fully set forth in it The Contract may also be subject to Executive Order No 14 of Governor
M Jodi Rell promulgated April 17 2006 concerning procurement of cleaning products and services and to
Executive Order No 49 of Governor Dannel P Malloy promulgated May 22 2015 mandating disclosure of
certain gifts to public employees and contributions to certain candidates for office If Executive Order 14 andor
Executive Order 49 are applicable they are deemed to be incorporated into and are made a part of the Contract
as if they had been fully set forth in it At the Contractorrsquos request the Client Agency or DAS shall provide a
copy of these orders to the Contractor
8 State Liability The State of Connecticut shall assume no liability for payment for services under the terms of
this agreement until the contractor is notified that this agreement has been accepted by the contracting agency
and if applicable approved by the Office of Policy and Management (OPM) or the Department of
Administrative Services (DAS) and by the Attorney General of the State of Connecticut
9 Distribution of Materials The Contractor shall obtain written approval from the Commissioner prior to the
distribution or publication of any materials prepared under the terms of this Contract Such approval shall not
be unreasonably withheld
10 Change in Principal Project Staff Any changes in the principal project staff must be requested in writing and
approved in writing by the Commissioner at the Commissionerrsquos sole discretion In the event of any
Page 22 of 23
unapproved change in principal project staff the Commissioner may in the Commissionerrsquos sole discretion
terminate this Contract
11 Further Assurances The Parties shall provide such information execute and deliver any instruments and
documents and take such other actions as may be necessary or reasonably requested by the other Party which
are not inconsistent with the provisions of this Contract and which do not involve the vesting of rights or
assumption of obligations other than those provided for in the Contract in order to give full effect to the
Contract and to carry out the intent of the Contract
12 Third Party Participation The Contractor may make sub-awards using either its own competitive selection
process or the values established in the statersquos competitive selection process as outlined in DAS General Letter
71 whichever is more restrictive to conduct any of the tasks in the Scope of Work contained in Appendix A
The Contractor shall advise the Commissioner of the proposed sub-awardee and the amount allocated at least
two (2) weeks prior to the making of such awards The Commissioner reserves the right to disapprove such
awards if they appear to be inconsistent with the program activities to be conducted under this grant As
required by Sec 46a-68j-23 of the Connecticut Regulations of State Agencies the Contractor must make a good
faith effort based upon the availability of minority business enterprises in the labor market area to award a
reasonable proportion of all subcontracts to such enterprises When minority business enterprises are selected
the Contractor shall provide DEEP with a copy of the Affidavit for Certification of Subcontractors as Minority
Business Enterprises (MBE) along with a copy of the purchase order or contract engaging the Subcontractor
The Contractor shall be the sole point of contact concerning the management of the Contract including
performance and payment issues The Contractor is solely and completely responsible for adherence by any
subcontractor to all the applicable provisions of the Contract
13 Americans with Disabilities Act The Contractor shall be and remain in compliance with the Americans with
Disabilities Act of 1990 (ldquoActrdquo) to the extent applicable during the term of the Contract The DEEP may
cancel the Contract if the Contractor fails to comply with the Act
14 Affirmative Action and Sexual Harassment Policies The Contractor agrees to comply with the Departments
Affirmative Action and Sexual Harassment Policies available on DEEPrsquos web site Hard copies of the policy
statements are available upon request at DEEP
15 Breach If either Party breaches the Contract in any respect the non-breaching Party shall provide written
notice of the breach to the breaching Party and afford the breaching Party an opportunity to cure within ten (10)
days from the date that the breaching Party receives the notice In the case of a Contractor breach any other
time period which the Agency sets forth in the notice shall trump the ten (10) days The right to cure period
shall be extended if the non-breaching Party is satisfied that the breaching Party is making a good faith effort
to cure but the nature of the breach is such that it cannot be cured within the right to cure period The notice
may include an effective Contract Termination date if the breach is not cured by the stated date and unless
otherwise modified by the non-breaching Party in writing prior to the Termination date no further action shall
be required of any Party to effect the Termination as of the stated date If the notice does not set forth an
effective Contract Termination date then the non-breaching Party may Terminate the Contract by giving the
breaching Party no less than twenty four (24) hours prior written notice If the Agency believes that the
Contractor has not performed according to the Contract the Agency may withhold payment in whole or in part
pending resolution of the Performance issue provided that the Agency notifies the Contractor in writing prior
to the date that the payment would have been due
16 Severability If any term or provision of the Contract or its application to any person entity or circumstance
shall to any extent be held to be invalid or unenforceable the remainder of the Contract or the application of
such term or provision shall not be affected as to persons entities or circumstances other than those as to whom
or to which it is held to be invalid or unenforceable Each remaining term and provision of the Contract shall
be valid and enforced to the fullest extent possible by law
17 The Town Guarantee The Town shall furnish adequate protection from damage for all work and to repair any
damage of any kind for which he or his workmen are responsible to premises or any equipment to his own
work or to the work of the Agency pay for all permits licenses and fees and to give all notices and comply
with all laws ordinances rules and regulations of the city state and federal government
18 Force Majeure The Parties shall not be excused from their obligation to perform in accordance with the
Contract except in the case of Force Majeure events and as otherwise provided for in the Contract A Force
Majeure event materially affects the cost of the Goods or Services or the time schedule for performance and is
outside the control nor caused by the Parties In the case of any such exception the nonperforming Party shall
give immediate written notice to the other explaining the cause and probable duration of any such
Page 23 of 23
nonperformance
19 Entirety of Contract The Contract is the entire agreement between the Parties with respect to its subject matter
and supersedes all prior agreements proposals offers counteroffers and understandings of the Parties whether
written or oral The Contract has been entered into after full investigation neither Party relying upon any
statement or representation by the other unless such statement or representation is specifically embodied in the
Contract
20 Interpretation The Contract contains numerous references to statutes and regulations For purposes of
interpretation conflict resolution and otherwise the content of those statutes and regulations shall govern over
the content of the reference in the Contract to those statutes and regulations
A-1
Attachment A
Scope of Work
Mobile Food and Beverage Concession Services
1 Insurance The Concessionaire shall furnish evidence of insurance A Certificate of Insurance
covering each annual period of this contract shall reflect the following limits and shall be submitted
by the Concessionaire to the Department of Energy and Environmental Protection by April 1 of each
year this contract is in effect
a Commercial General Liability insurance providing a total limit of $1000000 for all damages
arising from bodily injury to or death of all persons in any accident or occurrence and for all
damages arising from the destruction of or damage to property in any one accident or occurrence
In cases where any insurance policy shows an aggregate limit the aggregate shall apply solely to
the concession operation or the aggregate limit shall be not less than $2000000
b The operation of all motor vehicles including those hired or borrowed used in connection with
this contract shall be covered by Automobile Liability insurance providing for a total limit of
$1000000 for all damages arising from bodily injuries to or death of all persons in any one
accident or occurrence and for all damages arising from the destruction of or damage to property
in any one accident or occurrence In cases where any insurance policy shows an aggregate limit
the aggregate shall apply solely to the concession operation or the aggregate limit shall be not less
than $2000000
c The Concessionaire shall carry Workerrsquos Compensation insurance in accordance with the
requirements of the laws of the State of Connecticut
d Said coveragersquos are to be provided by insurance companies licensed by the State of Connecticut
e Any deductibles or self-insured retentions must be declared and approved by the State
f The State of Connecticut shall be listed as an Additional Insured on all required coverage
2 Commodities and Price List
a The Concessionaire shall be allowed to sell food and beverages as approved in advance by the
Commissioner
b The Concessionaire shall be allowed to sell souvenirs and other outdoor recreation related
merchandise hereinafter referred to collectively as merchandise as approved in advance by the
Commissioner
c By April 1 of each year that this contract is in effect the Concessionaire shall submit for approval
a price list of all foods beverages and merchandise for sale hereinafter referred to collectively as
commodities to the Department of Energy and Environmental Protection Bureau of Outdoor
Recreation Division of State Parks and Public Outreach 79 Elm Street Hartford CT 06106-5127
d Any price increases or additions of commodities are subject to the prior written approval of the
Commissioner
e The Concessionaire shall post a price list of all commodities for sale in full public view while in
operation
f Whenever the park name is used on merchandise the complete park name shall be used
g The Concessionaire warrants that all commodities offered for sale shall not exceed in price nor be
substandard in quality or quantity to like commodities sold in the surrounding community
A-2
3 Sunscreen All concession operations in a park having a designated swimming area shall have
sunscreen with a Sun Protection Factor (SPF) of at least 15 for adults and 45 for children available for
sale to the general public
4 Use of Biodegradable Products To the extent practicable the Concessionaire agrees to use
recyclable and biodegradable products and packaging in all of its operations ie paper products or
products containing recycled contents The Concessionaire agrees to not dispense food or beverages
in close-celled foam-based containers
5 Prohibitions The Concessionaire shall not
a dispense food or beverages in glass containers
b dispense alcoholic beverages
c sell snorkels beach balls rafts or other inflatable or buoyant devices except US Coast Guard
approved personal flotation devices (PFDs)
d permit gratuities to employees of the State of Connecticut
e provide video or pinball games
6 Hours of Operation
a The Concessionaire may operate the Concession daily between 800 am and sunset on any day
that this contract is in effect
b From the Saturday before Memorial Day through July 4th the Concessionaire shall open the
concession on Saturdays Sundays and holidays not later than 1100 am except during inclement
weather and the concession shall remain open at least until three hours before but not later than
sunset
c From July 4th through Labor Day the Concessionaire shall open the concession daily not later than
1100 am except during inclement weather and the concession shall remain open at least until
three hours before but not later than sunset
d Deviations from the above stated schedules are allowable but must receive advanced approval in
writing from the Park and Recreation Supervisor
e When closing due to inclement weather the Concessionaire shall immediately notify the Park and
Recreation Supervisor The Concessionaire shall keep in the concession vehicle at all times a log
of all closures due to inclement weather and it shall be immediately available to the Park and
Recreation Supervisor upon request for inspection
f Within 30 days of closing the concession for the season but in no case later than December 31 of
each calendar year that this contract is in effect the Concessionaire shall submit an Annual
Inclement Weather Closure Report to the Park and Recreation Supervisor
7 Health Department Inspections The Concessionaire is responsible for scheduling inspections by
the appropriate local health department prior to April 15th of each year this contract is in effect The
Concessionaire is responsible for and shall directly pay for any fees charged for such inspections
8 Health Department Permit The Concessionaire will annually obtain a ldquopermit to sellrdquo from the local
health department and submit a copy of said permit to the DEEP Division of State Parks amp Public
Outreach not later than April 30th of each year this contract is in effect Other Permits The
Concessionaire shall be solely responsible for securing any other licenses permits approvals or
waivers required by any other federal state regional or municipal authority having jurisdiction in the
town(s) in which the Concession is located
9 State Property The Concessionaire shall install no fixed equipment nor make any physical changes
to state property without the prior written approval of DEEP Any improvements or permanent fixtures
approved by the DEEP and provided by the Concessionaire during the term of this contract shall
immediately become the property of the State of Connecticut
A-3
10 Public Health Code The Concessionaire agrees to conform to the Public Health Code of the State of
Connecticut concerning the storage handling and vending of food
11 Refuse Disposal The Concessionaire at its sole expense shall be responsible for the proper disposal
and removal of all recyclables and trash generated by operation of the concession For additional
information see the DEEP website for Managing Waste and Recycling at Special Events and Other
Venues the direct URL address for which is
httpwwwctgovdepcwpviewaspa=2714ampq=434054ampdepNav_GID=1645
12 General Maintenance The Concessionaire shall be responsible for maintaining the Concession area
in a clean sanitary and orderly manner
13 Exclusivity With the exception of vending machines and commodities having prior written approval
for DEEP sanctioned events including but not limited to events authorized by a Special Use License
the Concessionaire shall have the exclusive right to sell commodities within the property named
herein
14 Vending Machines The State of Connecticut Board of Education and Services for the Blind (BESB)
shall have exclusive rights to vending machines on the premises of the concessions and other
authorized areas within the park or forest for the purpose of vending foods and beverages and to collect
receipts there from provided that the number and locations of such vending machines shall receive
prior written approval from a representative of the DEEP
15 Rights of Park Visitors The Concessionaire agrees that nothing contained in the terms of this
contract shall prevent visitors from bringing food to the park and preparing such food for personal
consumption including dispensing such food at no charge to other park visitors Park visitors may
also utilize private catering services with advanced written approval of the Park and Recreation
Supervisor Said catering services may only be permitted with the condition that no financial
transactions occur on DEEP property
16 Concession Staffing The concession shall be staffed only by the Concessionaire or its employee(s)
or other agents identified herein unless otherwise authorized by the Commissioner in writing
17 Code of Conduct Due to the public service nature of the Concession the Concessionaire and all
employees of the Concessionaire shall conduct themselves in a courteous respectful and professional
manner with all members of the public
18 Appearance The Concessionaire and its employees shall be clean and neat in appearance Wearing
an item of uniform eg a shirt hat or badge identifying the name of the Concessionaire employee or
business is encouraged
19 Audible Devices The Concessionaire shall activate audible devices (loudspeakers music bells etc)
only in accordance with instructions provided by the Park and Recreation Supervisor Instructions are
subject to change immediately at the discretion of the Park and Recreation Supervisor
20 Concession Location Unless authorized by the Park and Recreation Supervisor to do otherwise the
Concessionaire agrees to
a identify all park-and-sit locations or drive-through routes on a park map
b confine all concession operations to the designated Concession areas
c confine all sales and advertising to the concession vehicle
d provide garbage and recycling receptacles for customer use
21 Food Inspection An authorized representative of the Commissioner may conduct an unannounced
in-season food inspection once per calendar year Upon request the Concessionaire shall provide a
A-4
range of food and beverage items proportionate to one meal to the Commissionerrsquos
representative for food-tasting purposes
22 Financial Reporting Within 30 days of closing the Concession for the season but in no case
later than December 31 of each calendar year that this contract is in effect the Concessionaire
shall submit a certified statement of annual gross receipts attested to by a Notary Public or a
Commissioner of the Superior Court to Department of Energy and Environmental Protection
Bureau of Outdoor Recreation Division of State Parks and Public Outreach 79 Elm Street
Hartford CT 06106-5127
23 Revenue DEEP shall have no responsibility for revenue loss directly or indirectly attributable
to DEEP management actions including but not limited to changes in park or campground
schedules or operations or in services provided to the visiting public DEEP shall have no
responsibility for revenue loss directly or indirectly attributable to uncontrollable phenomena
including but not limited to attendance loss weather conditions or other Acts of God
24 Compliance The Concessionaire agrees to comply with the regulations of the Department of
Energy and Environmental Protection regarding State Park and Forest Recreation Areas and
with any other department policy concerning the operation of concessions
The parties have hereunto set their hands
SIGNED AND DELIVERED below
STATE OF CONNECTICUT
Department of Energy and Environmental
Protection
CONCESSIONAIRE
BY BY
Date Date
Contract ______________
Acct Fund SID DeptId Prog Project Bud
Ref Amount
Funds available Date
Attorney General (Approved as to Form) Date
Page 14 of 23
Maps of Site
Page 15 of 23
Page 16 of 23
LETTER OF INTENT TO SUBMIT A PROPOSAL
State of Connecticut
Department of Energy amp Environmental Protection
RFP for Eagle Landing State Park
Return to Tenia Seay
Department of Energy amp Environmental Protection
Bureau of Outdoor Recreation
79 Elm Street
Hartford CT 06106-5127
860-424-3064 (Phone)
860-424-4070 (FAX)
Return Deadline 400 pm July 20 2020
The individual firm or corporation below intends to submit a proposal in response to the above referenced RFP
Note This letter is a non-binding expression of interest and does not obligate the sender to submit a proposal
The individual firm or corporation below has reviewed and if selected accepts the agencyrsquos standard contract and
conditions (provided in the RFP) in their entirety and without amendment
Name
Mailing Address
Contact Person
Telephone
FAX
Signature
Title Date
Page 17 of 23
STATE OF CONNECTICUT
DEPARTMENT OF ENERGY AND ENVIRONMENTAL PROTECTION
BUREAU OF OUTDOOR RECREATION AND
CONNECTICUT STATE PARK AND FOREST RECREATION AREA
MOBILE FOOD AND BEVERAGE CONCESSION
THIS CONTRACT is made by and between the STATE OF CONNECTICUT acting herein by
the Commissioner of the Department of Energy and Environmental Protection hereinafter referred
to as Commissionerrdquo or DEEP or ldquoStaterdquo and [Insert Concessionaire] of the Town of
Waterbury and the state of Connecticut hereinafter referred to as the Concessionaire or
ldquoContractorrdquo
WITNESSETH
WHEREAS the Commissioner of Energy and Environmental Protection pursuant to Conn Gen
Stat 23-26 has the authority to enter into contractual relations with persons for the maintenance
of concessions and other sources of revenue to be derived from services to the general public using
state parks and
WHEREAS the Concessionaire desires to operate a Mobile Food and Beverage Concession
Service and render services to the public at
[Insert Name of Location]
NOW THEREFORE it is hereby agreed as follows
1 Mobile Food and Beverage Concession Service The Concessionaire agrees to operate a
Mobile Food and Beverage Concession Service at the above noted facility The Concessionaire
is responsible for all work included in this Contract Details regarding the Scope of Work are
included in Attachment A which is attached hereto and is hereby made a part of this contract
2 Duration The Commissioner hereby grants to the Concessionaire the exclusive right to
operate the above Mobile Food and Beverage Concession Service at the location identified for
the period commencing upon contract execution through [insert expiration date] At the
Commissionerrsquos sole discretion this contract may be renewed for up to [Insert number] years
without further competition
3 Payment In consideration of said rights and privileges the Concessionaire agrees to pay a
total of [insert amount] to the State of Connecticut due by [insert date] Payments shall be
made by check draft or money order payable to Treasurer State of Connecticut and
delivered or mailed to the Department of Energy and Environmental Protection Accounts
Receivable 79 Elm Street Hartford Connecticut 06106-5127
4 Nondisclosure Contactor shall not release any information concerning the services provided
pursuant to the Contract or any part thereof to any member of the public press business entity
or any official body unless prior written consent is obtained from the State
Page 18 of 23
STANDARD TERMS AND CONDITIONS (Rev 8302019)
1 Definitions
(a) State The State of Connecticut including the Department of Energy and Environmental Protection and
any office department board council commission institution or other agency of the State
(b) Commissioner The Commissioner of Energy and Environmental Protection or the Commissionerrsquos
designated agent
(c) Parties The Department of Energy and Environmental Protection (DEEP or Agency) and the Contractor
(d) Contractor Parties Contractor Parties shall be defined as a Contractorrsquos members directors officers
shareholders partners managers principal officers representatives agents servants consultants employees
or any one of them or any other person or entity with whom the Contractor is in privity of oral or written
contract and the Contractor intends for such other person or entity to Perform under the Contract in any
capacity To the extent that any Contractor Party is to participate or Perform in any way directly or indirectly
in connection with the Contract any reference in the Contract to the ldquoContractorrdquo shall also be deemed to
include ldquoContractor Partiesrdquo as if such reference had originally specifically included ldquoContractor Partiesrdquo
since it is the Partiesrsquo intent for the terms ldquoContractor Partiesrdquo to be vested with the same respective rights
and obligations as the terms ldquoContractorrdquo
(e) Contract This agreement as of its Effective Date between the Contractor and the State for any or all
goods or services as more particularly described in Appendix A
(f) Execution This contract shall be fully executed when it has been signed by authorized representatives
of the parties and if it is for an amount of Twenty-five thousand dollars ($2500000) or more by the
authorized representative of the state Attorney Generals office
(g) Exhibits All attachments appendices or exhibits referred to in and attached to this Contract are
incorporated in this Contract by such reference and shall be deemed to be a part of it as if they had been fully
set forth in it
(h) Records For the purposes of this Contract records are defined as all working papers and such other
information and materials as may have been accumulated by the Contractor in performing the Contract
including but not limited to documents data plans books computations drawings specifications notes
reports records estimates summaries and correspondence kept or stored in any form
(i) Confidential Information Confidential Information shall mean any name number or other information
that may be used alone or in conjunction with any other information to identify a specific individual
including but not limited to such individuals name date of birth mothers maiden name motor vehicle
operators license number Social Security number employee identification number employer or taxpayer
identification number alien registration number government passport number health insurance
identification number demand deposit account number savings account number credit card number debit
card number or unique biometric data such as fingerprint voice print retina or iris image or other unique
physical representation Without limiting the foregoing Confidential Information shall also include any
information that the Department classifies as ldquoconfidentialrdquo or ldquorestrictedrdquo Confidential Information shall
not include information that may be lawfully obtained from publicly available sources or from federal state
or local government records which are lawfully made available to the general public
(j) Confidential Information Breach Confidential Information Breach shall mean generally an instance
where an unauthorized person or entity accesses Confidential Information in any manner including but not
limited to the following occurrences (1) any Confidential Information that is not encrypted or protected is
misplaced lost stolen or in any way compromised (2) one or more third parties have had access to or taken
control or possession of any Confidential Information that is not encrypted or protected without prior written
authorization from the State (3) the unauthorized acquisition of encrypted or protected Confidential
Information together with the confidential process or key that is capable of compromising the integrity of the
Confidential Information or (4) if there is a substantial risk of identity theft or fraud to the client the
Contractor the Department or State
Page 19 of 23
(k) Claim Claim shall mean all actions suits claims demands investigations and proceedings of any kind
open pending or threatened whether mature unmatured contingent known or unknown at law or in equity
in any forum
2 Forum and Choice of Law The parties deem the Contract to have been made in the City of Hartford State of
Connecticut Both parties agree that it is fair and reasonable for the validity and construction of the Contract
to be and it shall be governed by the laws and court decisions of the State of Connecticut without giving effect
to its principles of conflicts of laws To the extent that any immunities provided by Federal law or the laws of
the State of Connecticut do not bar an action against the State and to the extent that these courts are courts of
competent jurisdiction for the purpose of venue the complaint shall be made returnable to the Judicial District
of Hartford only or shall be brought in the United States District Court for the District of Connecticut only and
shall not be transferred to any other court provided however that nothing here constitutes a waiver or
compromise of the sovereign immunity of the State of Connecticut The Contractor waives any objection which
it may now have or will have to the laying of venue of any Claims in any forum and further irrevocably submits
to such jurisdiction in any suit action or proceeding
3 Termination
(a) Notwithstanding any provisions in this Contract the Agency through a duly authorized employee may
Terminate the Contract whenever the Agency makes a written determination that such Termination is in
the best interests of the State The Agency shall notify the Contractor in writing of Termination pursuant
to this section which notice shall specify the effective date of Termination and the extent to which the
Contractor must complete its Performance under the Contract prior to such date
(b) Notwithstanding any provisions in this Contract the Agency through a duly authorized employee may
after making a written determination that the Contractor has breached the Contract Terminate the
Contract in accordance with the provisions in the Breach section of this Contract
(c) The Agency shall send the notice of Termination via certified mail return receipt requested to the
Contractor at the most current address which the Contractor has furnished to the Agency for purposes of
correspondence or by hand delivery Upon receiving the notice from the Agency the Contractor shall
immediately discontinue all services affected in accordance with the notice undertake all commercially
reasonable efforts to mitigate any losses or damages and deliver to the Agency all Records The Records
are deemed to be the property of the Agency and the Contractor shall deliver them to the Agency no later
than thirty (30) days after the Termination of the Contract or fifteen (15) days after the Contractor
receives a written request from the Agency for the Records The Contractor shall deliver those Records
that exist in electronic magnetic or other intangible form in a non-proprietary format such as but not
limited to ASCII or TXT
(d) Upon receipt of a written notice of Termination from the Agency the Contractor shall cease operations
as the Agency directs in the notice and take all actions that are necessary or appropriate or that the
Agency may reasonably direct for the protection and preservation of the Goods and any other property
Except for any work which the Agency directs the Contractor to Perform in the notice prior to the
effective date of Termination and except as otherwise provided in the notice the Contractor shall
terminate or conclude all existing subcontracts and purchase orders and shall not enter into any further
subcontracts purchase orders or commitments
(e) The Agency shall within forty-five (45) days of the effective date of Termination reimburse the
Contractor for its Performance rendered and accepted by the Agency in addition to all actual and
reasonable costs incurred after Termination in completing those portions of the Performance which the
notice required the Contractor to complete However the Contractor is not entitled to receive and the
Agency is not obligated to tender to the Contractor any payments for anticipated or lost profits Upon
request by the Agency the Contractor shall assign to the Agency or any replacement contractor which
the Agency designates all subcontracts purchase orders and other commitments deliver to the Agency
all Records and other information pertaining to its Performance and remove from State premises
whether leased or owned all of Contractorrsquos property equipment waste material and rubbish related to
its Performance all as the Agency may request
(f) For breach or violation of any of the provisions in the section concerning Representations and
Warranties the Agency may Terminate the Contract in accordance with its terms and revoke any
consents to assignments given as if the assignments had never been requested or consented to without
liability to the Contractor or Contractor Parties or any third party
(g) Upon Termination of the Contract all rights and obligations shall be null and void so that no party shall
Page 20 of 23
have any further rights or obligations to any other party except with respect to the sections which survive
Termination All representations warranties agreements and rights of the parties under the Contract
shall survive such Termination to the extent not otherwise limited in the Contract and without each one
of them having to be specifically mentioned in the Contract
(h) Termination of the Contract pursuant to this section shall not be deemed to be a breach of contract by
the Agency
4 Indemnification
(a) The Contractor shall indemnify defend and hold harmless the State and its officers representatives
agents servants employees successors and assigns from and against any and all (1) Claims arising
directly or indirectly in connection with the Contract including the acts of commission or omission
(collectively the Acts) of the Contractor or Contractor Parties and (2) liabilities damages losses
costs and expenses including but not limited to attorneys and other professionals fees arising directly
or indirectly in connection with Claims Acts or the Contract The Contractor shall use counsel
reasonably acceptable to the State in carrying out its obligations under this section The Contractorrsquos
obligations under this section to indemnify defend and hold harmless against Claims includes Claims
concerning confidentiality of any part of or all of the Contractorrsquos bid proposal or any Records any
intellectual property rights other proprietary rights of any person or entity copyrighted or uncopyrighted
compositions secret processes patented or unpatented inventions articles or appliances furnished or
used in the Performance
(b) The Contractor shall not be responsible for indemnifying or holding the State harmless from any liability
arising due to the negligence of the State or any other person or entity acting under the direct control or
supervision of the State
(c) The Contractor shall reimburse the State for any and all damages to the real or personal property of the
State caused by the Acts of the Contractor or any Contractor Parties The State shall give the Contractor
reasonable notice of any such Claims
(d) The Contractorrsquos duties under this section shall remain fully in effect and binding in accordance with the
terms and conditions of the Contract without being lessened or compromised in any way even where
the Contractor is alleged or is found to have merely contributed in part to the Acts giving rise to the
Claims andor where the State is alleged or is found to have contributed to the Acts giving rise to the
Claims
(e) The Contractor shall carry and maintain at all times during the term of the Contract and during the time
that any provisions survive the term of the Contract sufficient general liability insurance to satisfy its
obligations under this Contract The Contractor shall cause the State to be named as an additional insured
on the policy and shall provide (1) a certificate of insurance (2) the declaration page and (3) the
additional insured endorsement to the policy to the State and the Client Agency all in an electronic format
acceptable to the State prior to the Effective Date of the Contract evidencing that the State is an additional
insured The Contractor shall not begin Performance until the delivery of these three documents to the
Client Agency Contractor shall provide an annual electronic update of the three documents to the Client
Agency and the State on or before each anniversary of the Effective Date during the Contract term State
shall be entitled to recover under the insurance policy even if a body of competent jurisdiction determines
that State is contributorily negligent
(f) This section shall survive the Termination of the Contract and shall not be limited by reason of any
insurance coverage
5 Sovereign Immunity The parties acknowledge and agree that nothing in the Solicitation or the Contract shall
be construed as a modification compromise or waiver by the State of any rights or defenses of any immunities
provided by Federal law or the laws of the State of Connecticut to the State or any of its officers and employees
which they may have had now have or will have with respect to all matters arising out of the Contract To the
extent that this section conflicts with any other section this section shall govern
6 Protection of Confidential Information Contractor and Contractor Parties at their own expense have a duty to
and shall protect from a Confidential Information Breach any and all Confidential Information which they come
to possess or control wherever and however stored or maintained in a commercially reasonable manner in
accordance with current industry standards
(b) Each Contractor or Contractor Party shall develop implement and maintain a comprehensive data -
security program for the protection of Confidential Information The safeguards contained in such
Page 21 of 23
program shall be consistent with and comply with the safeguards for protection of Confidential
Information and information of a similar character as set forth in all applicable federal and state law
and written policy of the Agency or State concerning the confidentiality of Confidential Information
Such data-security program shall include but not be limited to the following
(1) A security policy for employees related to the storage access and transportation of data containing
Confidential Information
(2) Reasonable restrictions on access to records containing Confidential Information including access
to any locked storage where such records are kept
(3) A process for reviewing policies and security measures at least annually
(4) Creating secure access controls to Confidential Information including but not limited to passwords
and
(5) Encrypting of Confidential Information that is stored on laptops portable devices or being
transmitted electronically
(c) The Contractor and Contractor Parties shall notify the Agency and the Connecticut Office of the Attorney
General as soon as practical but no later than twenty-four (24) hours after they become aware of or
suspect that any Confidential Information which Contractor or Contractor Parties have come to possess
or control has been subject to a Confidential Information Breach If a Confidential Information Breach
has occurred the Contractor shall within three (3) business days after the notification present a credit
monitoring and protection plan to the Commissioner of Administrative Services the Agency and the
Connecticut Office of the Attorney General for review and approval Such credit monitoring or
protection plan shall be made available by the Contractor at its own cost and expense to all individuals
affected by the Confidential Information Breach Such credit monitoring or protection plan shall include
but is not limited to reimbursement for the cost of placing and lifting one (1) security freeze per credit
file pursuant to Connecticut General Statutes sect 36a-701a Such credit monitoring or protection plans
shall be approved by the State in accordance with this Section and shall cover a length of time
commensurate with the circumstances of the Confidential Information Breach The Contractorsrsquo costs
and expenses for the credit monitoring and protection plan shall not be recoverable from the Agency
any State of Connecticut entity or any affected individuals
(d) The Contractor shall incorporate the requirements of this Section in all subcontracts requiring each
Contractor Party to safeguard Confidential Information in the same manner as provided for in this
Section
(e) Nothing in this Section shall supersede in any manner Contractorrsquos or Contractor Partyrsquos obligations
pursuant to HIPAA or the provisions of this Contract concerning the obligations of the Contractor as a
Business Associate of Covered Entity
7 Executive Orders This Contract is subject to the provisions of Executive Order No Three of Governor Thomas
J Meskill promulgated June 16 1971 concerning labor employment practices Executive Order No Seventeen
of Governor Thomas J Meskill promulgated February 15 1973 concerning the listing of employment
openings and Executive Order No Sixteen of Governor John G Rowland promulgated August 4 1999
concerning violence in the workplace all of which are incorporated into and are made a part of the Contract as
if they had been fully set forth in it The Contract may also be subject to Executive Order No 14 of Governor
M Jodi Rell promulgated April 17 2006 concerning procurement of cleaning products and services and to
Executive Order No 49 of Governor Dannel P Malloy promulgated May 22 2015 mandating disclosure of
certain gifts to public employees and contributions to certain candidates for office If Executive Order 14 andor
Executive Order 49 are applicable they are deemed to be incorporated into and are made a part of the Contract
as if they had been fully set forth in it At the Contractorrsquos request the Client Agency or DAS shall provide a
copy of these orders to the Contractor
8 State Liability The State of Connecticut shall assume no liability for payment for services under the terms of
this agreement until the contractor is notified that this agreement has been accepted by the contracting agency
and if applicable approved by the Office of Policy and Management (OPM) or the Department of
Administrative Services (DAS) and by the Attorney General of the State of Connecticut
9 Distribution of Materials The Contractor shall obtain written approval from the Commissioner prior to the
distribution or publication of any materials prepared under the terms of this Contract Such approval shall not
be unreasonably withheld
10 Change in Principal Project Staff Any changes in the principal project staff must be requested in writing and
approved in writing by the Commissioner at the Commissionerrsquos sole discretion In the event of any
Page 22 of 23
unapproved change in principal project staff the Commissioner may in the Commissionerrsquos sole discretion
terminate this Contract
11 Further Assurances The Parties shall provide such information execute and deliver any instruments and
documents and take such other actions as may be necessary or reasonably requested by the other Party which
are not inconsistent with the provisions of this Contract and which do not involve the vesting of rights or
assumption of obligations other than those provided for in the Contract in order to give full effect to the
Contract and to carry out the intent of the Contract
12 Third Party Participation The Contractor may make sub-awards using either its own competitive selection
process or the values established in the statersquos competitive selection process as outlined in DAS General Letter
71 whichever is more restrictive to conduct any of the tasks in the Scope of Work contained in Appendix A
The Contractor shall advise the Commissioner of the proposed sub-awardee and the amount allocated at least
two (2) weeks prior to the making of such awards The Commissioner reserves the right to disapprove such
awards if they appear to be inconsistent with the program activities to be conducted under this grant As
required by Sec 46a-68j-23 of the Connecticut Regulations of State Agencies the Contractor must make a good
faith effort based upon the availability of minority business enterprises in the labor market area to award a
reasonable proportion of all subcontracts to such enterprises When minority business enterprises are selected
the Contractor shall provide DEEP with a copy of the Affidavit for Certification of Subcontractors as Minority
Business Enterprises (MBE) along with a copy of the purchase order or contract engaging the Subcontractor
The Contractor shall be the sole point of contact concerning the management of the Contract including
performance and payment issues The Contractor is solely and completely responsible for adherence by any
subcontractor to all the applicable provisions of the Contract
13 Americans with Disabilities Act The Contractor shall be and remain in compliance with the Americans with
Disabilities Act of 1990 (ldquoActrdquo) to the extent applicable during the term of the Contract The DEEP may
cancel the Contract if the Contractor fails to comply with the Act
14 Affirmative Action and Sexual Harassment Policies The Contractor agrees to comply with the Departments
Affirmative Action and Sexual Harassment Policies available on DEEPrsquos web site Hard copies of the policy
statements are available upon request at DEEP
15 Breach If either Party breaches the Contract in any respect the non-breaching Party shall provide written
notice of the breach to the breaching Party and afford the breaching Party an opportunity to cure within ten (10)
days from the date that the breaching Party receives the notice In the case of a Contractor breach any other
time period which the Agency sets forth in the notice shall trump the ten (10) days The right to cure period
shall be extended if the non-breaching Party is satisfied that the breaching Party is making a good faith effort
to cure but the nature of the breach is such that it cannot be cured within the right to cure period The notice
may include an effective Contract Termination date if the breach is not cured by the stated date and unless
otherwise modified by the non-breaching Party in writing prior to the Termination date no further action shall
be required of any Party to effect the Termination as of the stated date If the notice does not set forth an
effective Contract Termination date then the non-breaching Party may Terminate the Contract by giving the
breaching Party no less than twenty four (24) hours prior written notice If the Agency believes that the
Contractor has not performed according to the Contract the Agency may withhold payment in whole or in part
pending resolution of the Performance issue provided that the Agency notifies the Contractor in writing prior
to the date that the payment would have been due
16 Severability If any term or provision of the Contract or its application to any person entity or circumstance
shall to any extent be held to be invalid or unenforceable the remainder of the Contract or the application of
such term or provision shall not be affected as to persons entities or circumstances other than those as to whom
or to which it is held to be invalid or unenforceable Each remaining term and provision of the Contract shall
be valid and enforced to the fullest extent possible by law
17 The Town Guarantee The Town shall furnish adequate protection from damage for all work and to repair any
damage of any kind for which he or his workmen are responsible to premises or any equipment to his own
work or to the work of the Agency pay for all permits licenses and fees and to give all notices and comply
with all laws ordinances rules and regulations of the city state and federal government
18 Force Majeure The Parties shall not be excused from their obligation to perform in accordance with the
Contract except in the case of Force Majeure events and as otherwise provided for in the Contract A Force
Majeure event materially affects the cost of the Goods or Services or the time schedule for performance and is
outside the control nor caused by the Parties In the case of any such exception the nonperforming Party shall
give immediate written notice to the other explaining the cause and probable duration of any such
Page 23 of 23
nonperformance
19 Entirety of Contract The Contract is the entire agreement between the Parties with respect to its subject matter
and supersedes all prior agreements proposals offers counteroffers and understandings of the Parties whether
written or oral The Contract has been entered into after full investigation neither Party relying upon any
statement or representation by the other unless such statement or representation is specifically embodied in the
Contract
20 Interpretation The Contract contains numerous references to statutes and regulations For purposes of
interpretation conflict resolution and otherwise the content of those statutes and regulations shall govern over
the content of the reference in the Contract to those statutes and regulations
A-1
Attachment A
Scope of Work
Mobile Food and Beverage Concession Services
1 Insurance The Concessionaire shall furnish evidence of insurance A Certificate of Insurance
covering each annual period of this contract shall reflect the following limits and shall be submitted
by the Concessionaire to the Department of Energy and Environmental Protection by April 1 of each
year this contract is in effect
a Commercial General Liability insurance providing a total limit of $1000000 for all damages
arising from bodily injury to or death of all persons in any accident or occurrence and for all
damages arising from the destruction of or damage to property in any one accident or occurrence
In cases where any insurance policy shows an aggregate limit the aggregate shall apply solely to
the concession operation or the aggregate limit shall be not less than $2000000
b The operation of all motor vehicles including those hired or borrowed used in connection with
this contract shall be covered by Automobile Liability insurance providing for a total limit of
$1000000 for all damages arising from bodily injuries to or death of all persons in any one
accident or occurrence and for all damages arising from the destruction of or damage to property
in any one accident or occurrence In cases where any insurance policy shows an aggregate limit
the aggregate shall apply solely to the concession operation or the aggregate limit shall be not less
than $2000000
c The Concessionaire shall carry Workerrsquos Compensation insurance in accordance with the
requirements of the laws of the State of Connecticut
d Said coveragersquos are to be provided by insurance companies licensed by the State of Connecticut
e Any deductibles or self-insured retentions must be declared and approved by the State
f The State of Connecticut shall be listed as an Additional Insured on all required coverage
2 Commodities and Price List
a The Concessionaire shall be allowed to sell food and beverages as approved in advance by the
Commissioner
b The Concessionaire shall be allowed to sell souvenirs and other outdoor recreation related
merchandise hereinafter referred to collectively as merchandise as approved in advance by the
Commissioner
c By April 1 of each year that this contract is in effect the Concessionaire shall submit for approval
a price list of all foods beverages and merchandise for sale hereinafter referred to collectively as
commodities to the Department of Energy and Environmental Protection Bureau of Outdoor
Recreation Division of State Parks and Public Outreach 79 Elm Street Hartford CT 06106-5127
d Any price increases or additions of commodities are subject to the prior written approval of the
Commissioner
e The Concessionaire shall post a price list of all commodities for sale in full public view while in
operation
f Whenever the park name is used on merchandise the complete park name shall be used
g The Concessionaire warrants that all commodities offered for sale shall not exceed in price nor be
substandard in quality or quantity to like commodities sold in the surrounding community
A-2
3 Sunscreen All concession operations in a park having a designated swimming area shall have
sunscreen with a Sun Protection Factor (SPF) of at least 15 for adults and 45 for children available for
sale to the general public
4 Use of Biodegradable Products To the extent practicable the Concessionaire agrees to use
recyclable and biodegradable products and packaging in all of its operations ie paper products or
products containing recycled contents The Concessionaire agrees to not dispense food or beverages
in close-celled foam-based containers
5 Prohibitions The Concessionaire shall not
a dispense food or beverages in glass containers
b dispense alcoholic beverages
c sell snorkels beach balls rafts or other inflatable or buoyant devices except US Coast Guard
approved personal flotation devices (PFDs)
d permit gratuities to employees of the State of Connecticut
e provide video or pinball games
6 Hours of Operation
a The Concessionaire may operate the Concession daily between 800 am and sunset on any day
that this contract is in effect
b From the Saturday before Memorial Day through July 4th the Concessionaire shall open the
concession on Saturdays Sundays and holidays not later than 1100 am except during inclement
weather and the concession shall remain open at least until three hours before but not later than
sunset
c From July 4th through Labor Day the Concessionaire shall open the concession daily not later than
1100 am except during inclement weather and the concession shall remain open at least until
three hours before but not later than sunset
d Deviations from the above stated schedules are allowable but must receive advanced approval in
writing from the Park and Recreation Supervisor
e When closing due to inclement weather the Concessionaire shall immediately notify the Park and
Recreation Supervisor The Concessionaire shall keep in the concession vehicle at all times a log
of all closures due to inclement weather and it shall be immediately available to the Park and
Recreation Supervisor upon request for inspection
f Within 30 days of closing the concession for the season but in no case later than December 31 of
each calendar year that this contract is in effect the Concessionaire shall submit an Annual
Inclement Weather Closure Report to the Park and Recreation Supervisor
7 Health Department Inspections The Concessionaire is responsible for scheduling inspections by
the appropriate local health department prior to April 15th of each year this contract is in effect The
Concessionaire is responsible for and shall directly pay for any fees charged for such inspections
8 Health Department Permit The Concessionaire will annually obtain a ldquopermit to sellrdquo from the local
health department and submit a copy of said permit to the DEEP Division of State Parks amp Public
Outreach not later than April 30th of each year this contract is in effect Other Permits The
Concessionaire shall be solely responsible for securing any other licenses permits approvals or
waivers required by any other federal state regional or municipal authority having jurisdiction in the
town(s) in which the Concession is located
9 State Property The Concessionaire shall install no fixed equipment nor make any physical changes
to state property without the prior written approval of DEEP Any improvements or permanent fixtures
approved by the DEEP and provided by the Concessionaire during the term of this contract shall
immediately become the property of the State of Connecticut
A-3
10 Public Health Code The Concessionaire agrees to conform to the Public Health Code of the State of
Connecticut concerning the storage handling and vending of food
11 Refuse Disposal The Concessionaire at its sole expense shall be responsible for the proper disposal
and removal of all recyclables and trash generated by operation of the concession For additional
information see the DEEP website for Managing Waste and Recycling at Special Events and Other
Venues the direct URL address for which is
httpwwwctgovdepcwpviewaspa=2714ampq=434054ampdepNav_GID=1645
12 General Maintenance The Concessionaire shall be responsible for maintaining the Concession area
in a clean sanitary and orderly manner
13 Exclusivity With the exception of vending machines and commodities having prior written approval
for DEEP sanctioned events including but not limited to events authorized by a Special Use License
the Concessionaire shall have the exclusive right to sell commodities within the property named
herein
14 Vending Machines The State of Connecticut Board of Education and Services for the Blind (BESB)
shall have exclusive rights to vending machines on the premises of the concessions and other
authorized areas within the park or forest for the purpose of vending foods and beverages and to collect
receipts there from provided that the number and locations of such vending machines shall receive
prior written approval from a representative of the DEEP
15 Rights of Park Visitors The Concessionaire agrees that nothing contained in the terms of this
contract shall prevent visitors from bringing food to the park and preparing such food for personal
consumption including dispensing such food at no charge to other park visitors Park visitors may
also utilize private catering services with advanced written approval of the Park and Recreation
Supervisor Said catering services may only be permitted with the condition that no financial
transactions occur on DEEP property
16 Concession Staffing The concession shall be staffed only by the Concessionaire or its employee(s)
or other agents identified herein unless otherwise authorized by the Commissioner in writing
17 Code of Conduct Due to the public service nature of the Concession the Concessionaire and all
employees of the Concessionaire shall conduct themselves in a courteous respectful and professional
manner with all members of the public
18 Appearance The Concessionaire and its employees shall be clean and neat in appearance Wearing
an item of uniform eg a shirt hat or badge identifying the name of the Concessionaire employee or
business is encouraged
19 Audible Devices The Concessionaire shall activate audible devices (loudspeakers music bells etc)
only in accordance with instructions provided by the Park and Recreation Supervisor Instructions are
subject to change immediately at the discretion of the Park and Recreation Supervisor
20 Concession Location Unless authorized by the Park and Recreation Supervisor to do otherwise the
Concessionaire agrees to
a identify all park-and-sit locations or drive-through routes on a park map
b confine all concession operations to the designated Concession areas
c confine all sales and advertising to the concession vehicle
d provide garbage and recycling receptacles for customer use
21 Food Inspection An authorized representative of the Commissioner may conduct an unannounced
in-season food inspection once per calendar year Upon request the Concessionaire shall provide a
A-4
range of food and beverage items proportionate to one meal to the Commissionerrsquos
representative for food-tasting purposes
22 Financial Reporting Within 30 days of closing the Concession for the season but in no case
later than December 31 of each calendar year that this contract is in effect the Concessionaire
shall submit a certified statement of annual gross receipts attested to by a Notary Public or a
Commissioner of the Superior Court to Department of Energy and Environmental Protection
Bureau of Outdoor Recreation Division of State Parks and Public Outreach 79 Elm Street
Hartford CT 06106-5127
23 Revenue DEEP shall have no responsibility for revenue loss directly or indirectly attributable
to DEEP management actions including but not limited to changes in park or campground
schedules or operations or in services provided to the visiting public DEEP shall have no
responsibility for revenue loss directly or indirectly attributable to uncontrollable phenomena
including but not limited to attendance loss weather conditions or other Acts of God
24 Compliance The Concessionaire agrees to comply with the regulations of the Department of
Energy and Environmental Protection regarding State Park and Forest Recreation Areas and
with any other department policy concerning the operation of concessions
The parties have hereunto set their hands
SIGNED AND DELIVERED below
STATE OF CONNECTICUT
Department of Energy and Environmental
Protection
CONCESSIONAIRE
BY BY
Date Date
Contract ______________
Acct Fund SID DeptId Prog Project Bud
Ref Amount
Funds available Date
Attorney General (Approved as to Form) Date
Page 15 of 23
Page 16 of 23
LETTER OF INTENT TO SUBMIT A PROPOSAL
State of Connecticut
Department of Energy amp Environmental Protection
RFP for Eagle Landing State Park
Return to Tenia Seay
Department of Energy amp Environmental Protection
Bureau of Outdoor Recreation
79 Elm Street
Hartford CT 06106-5127
860-424-3064 (Phone)
860-424-4070 (FAX)
Return Deadline 400 pm July 20 2020
The individual firm or corporation below intends to submit a proposal in response to the above referenced RFP
Note This letter is a non-binding expression of interest and does not obligate the sender to submit a proposal
The individual firm or corporation below has reviewed and if selected accepts the agencyrsquos standard contract and
conditions (provided in the RFP) in their entirety and without amendment
Name
Mailing Address
Contact Person
Telephone
FAX
Signature
Title Date
Page 17 of 23
STATE OF CONNECTICUT
DEPARTMENT OF ENERGY AND ENVIRONMENTAL PROTECTION
BUREAU OF OUTDOOR RECREATION AND
CONNECTICUT STATE PARK AND FOREST RECREATION AREA
MOBILE FOOD AND BEVERAGE CONCESSION
THIS CONTRACT is made by and between the STATE OF CONNECTICUT acting herein by
the Commissioner of the Department of Energy and Environmental Protection hereinafter referred
to as Commissionerrdquo or DEEP or ldquoStaterdquo and [Insert Concessionaire] of the Town of
Waterbury and the state of Connecticut hereinafter referred to as the Concessionaire or
ldquoContractorrdquo
WITNESSETH
WHEREAS the Commissioner of Energy and Environmental Protection pursuant to Conn Gen
Stat 23-26 has the authority to enter into contractual relations with persons for the maintenance
of concessions and other sources of revenue to be derived from services to the general public using
state parks and
WHEREAS the Concessionaire desires to operate a Mobile Food and Beverage Concession
Service and render services to the public at
[Insert Name of Location]
NOW THEREFORE it is hereby agreed as follows
1 Mobile Food and Beverage Concession Service The Concessionaire agrees to operate a
Mobile Food and Beverage Concession Service at the above noted facility The Concessionaire
is responsible for all work included in this Contract Details regarding the Scope of Work are
included in Attachment A which is attached hereto and is hereby made a part of this contract
2 Duration The Commissioner hereby grants to the Concessionaire the exclusive right to
operate the above Mobile Food and Beverage Concession Service at the location identified for
the period commencing upon contract execution through [insert expiration date] At the
Commissionerrsquos sole discretion this contract may be renewed for up to [Insert number] years
without further competition
3 Payment In consideration of said rights and privileges the Concessionaire agrees to pay a
total of [insert amount] to the State of Connecticut due by [insert date] Payments shall be
made by check draft or money order payable to Treasurer State of Connecticut and
delivered or mailed to the Department of Energy and Environmental Protection Accounts
Receivable 79 Elm Street Hartford Connecticut 06106-5127
4 Nondisclosure Contactor shall not release any information concerning the services provided
pursuant to the Contract or any part thereof to any member of the public press business entity
or any official body unless prior written consent is obtained from the State
Page 18 of 23
STANDARD TERMS AND CONDITIONS (Rev 8302019)
1 Definitions
(a) State The State of Connecticut including the Department of Energy and Environmental Protection and
any office department board council commission institution or other agency of the State
(b) Commissioner The Commissioner of Energy and Environmental Protection or the Commissionerrsquos
designated agent
(c) Parties The Department of Energy and Environmental Protection (DEEP or Agency) and the Contractor
(d) Contractor Parties Contractor Parties shall be defined as a Contractorrsquos members directors officers
shareholders partners managers principal officers representatives agents servants consultants employees
or any one of them or any other person or entity with whom the Contractor is in privity of oral or written
contract and the Contractor intends for such other person or entity to Perform under the Contract in any
capacity To the extent that any Contractor Party is to participate or Perform in any way directly or indirectly
in connection with the Contract any reference in the Contract to the ldquoContractorrdquo shall also be deemed to
include ldquoContractor Partiesrdquo as if such reference had originally specifically included ldquoContractor Partiesrdquo
since it is the Partiesrsquo intent for the terms ldquoContractor Partiesrdquo to be vested with the same respective rights
and obligations as the terms ldquoContractorrdquo
(e) Contract This agreement as of its Effective Date between the Contractor and the State for any or all
goods or services as more particularly described in Appendix A
(f) Execution This contract shall be fully executed when it has been signed by authorized representatives
of the parties and if it is for an amount of Twenty-five thousand dollars ($2500000) or more by the
authorized representative of the state Attorney Generals office
(g) Exhibits All attachments appendices or exhibits referred to in and attached to this Contract are
incorporated in this Contract by such reference and shall be deemed to be a part of it as if they had been fully
set forth in it
(h) Records For the purposes of this Contract records are defined as all working papers and such other
information and materials as may have been accumulated by the Contractor in performing the Contract
including but not limited to documents data plans books computations drawings specifications notes
reports records estimates summaries and correspondence kept or stored in any form
(i) Confidential Information Confidential Information shall mean any name number or other information
that may be used alone or in conjunction with any other information to identify a specific individual
including but not limited to such individuals name date of birth mothers maiden name motor vehicle
operators license number Social Security number employee identification number employer or taxpayer
identification number alien registration number government passport number health insurance
identification number demand deposit account number savings account number credit card number debit
card number or unique biometric data such as fingerprint voice print retina or iris image or other unique
physical representation Without limiting the foregoing Confidential Information shall also include any
information that the Department classifies as ldquoconfidentialrdquo or ldquorestrictedrdquo Confidential Information shall
not include information that may be lawfully obtained from publicly available sources or from federal state
or local government records which are lawfully made available to the general public
(j) Confidential Information Breach Confidential Information Breach shall mean generally an instance
where an unauthorized person or entity accesses Confidential Information in any manner including but not
limited to the following occurrences (1) any Confidential Information that is not encrypted or protected is
misplaced lost stolen or in any way compromised (2) one or more third parties have had access to or taken
control or possession of any Confidential Information that is not encrypted or protected without prior written
authorization from the State (3) the unauthorized acquisition of encrypted or protected Confidential
Information together with the confidential process or key that is capable of compromising the integrity of the
Confidential Information or (4) if there is a substantial risk of identity theft or fraud to the client the
Contractor the Department or State
Page 19 of 23
(k) Claim Claim shall mean all actions suits claims demands investigations and proceedings of any kind
open pending or threatened whether mature unmatured contingent known or unknown at law or in equity
in any forum
2 Forum and Choice of Law The parties deem the Contract to have been made in the City of Hartford State of
Connecticut Both parties agree that it is fair and reasonable for the validity and construction of the Contract
to be and it shall be governed by the laws and court decisions of the State of Connecticut without giving effect
to its principles of conflicts of laws To the extent that any immunities provided by Federal law or the laws of
the State of Connecticut do not bar an action against the State and to the extent that these courts are courts of
competent jurisdiction for the purpose of venue the complaint shall be made returnable to the Judicial District
of Hartford only or shall be brought in the United States District Court for the District of Connecticut only and
shall not be transferred to any other court provided however that nothing here constitutes a waiver or
compromise of the sovereign immunity of the State of Connecticut The Contractor waives any objection which
it may now have or will have to the laying of venue of any Claims in any forum and further irrevocably submits
to such jurisdiction in any suit action or proceeding
3 Termination
(a) Notwithstanding any provisions in this Contract the Agency through a duly authorized employee may
Terminate the Contract whenever the Agency makes a written determination that such Termination is in
the best interests of the State The Agency shall notify the Contractor in writing of Termination pursuant
to this section which notice shall specify the effective date of Termination and the extent to which the
Contractor must complete its Performance under the Contract prior to such date
(b) Notwithstanding any provisions in this Contract the Agency through a duly authorized employee may
after making a written determination that the Contractor has breached the Contract Terminate the
Contract in accordance with the provisions in the Breach section of this Contract
(c) The Agency shall send the notice of Termination via certified mail return receipt requested to the
Contractor at the most current address which the Contractor has furnished to the Agency for purposes of
correspondence or by hand delivery Upon receiving the notice from the Agency the Contractor shall
immediately discontinue all services affected in accordance with the notice undertake all commercially
reasonable efforts to mitigate any losses or damages and deliver to the Agency all Records The Records
are deemed to be the property of the Agency and the Contractor shall deliver them to the Agency no later
than thirty (30) days after the Termination of the Contract or fifteen (15) days after the Contractor
receives a written request from the Agency for the Records The Contractor shall deliver those Records
that exist in electronic magnetic or other intangible form in a non-proprietary format such as but not
limited to ASCII or TXT
(d) Upon receipt of a written notice of Termination from the Agency the Contractor shall cease operations
as the Agency directs in the notice and take all actions that are necessary or appropriate or that the
Agency may reasonably direct for the protection and preservation of the Goods and any other property
Except for any work which the Agency directs the Contractor to Perform in the notice prior to the
effective date of Termination and except as otherwise provided in the notice the Contractor shall
terminate or conclude all existing subcontracts and purchase orders and shall not enter into any further
subcontracts purchase orders or commitments
(e) The Agency shall within forty-five (45) days of the effective date of Termination reimburse the
Contractor for its Performance rendered and accepted by the Agency in addition to all actual and
reasonable costs incurred after Termination in completing those portions of the Performance which the
notice required the Contractor to complete However the Contractor is not entitled to receive and the
Agency is not obligated to tender to the Contractor any payments for anticipated or lost profits Upon
request by the Agency the Contractor shall assign to the Agency or any replacement contractor which
the Agency designates all subcontracts purchase orders and other commitments deliver to the Agency
all Records and other information pertaining to its Performance and remove from State premises
whether leased or owned all of Contractorrsquos property equipment waste material and rubbish related to
its Performance all as the Agency may request
(f) For breach or violation of any of the provisions in the section concerning Representations and
Warranties the Agency may Terminate the Contract in accordance with its terms and revoke any
consents to assignments given as if the assignments had never been requested or consented to without
liability to the Contractor or Contractor Parties or any third party
(g) Upon Termination of the Contract all rights and obligations shall be null and void so that no party shall
Page 20 of 23
have any further rights or obligations to any other party except with respect to the sections which survive
Termination All representations warranties agreements and rights of the parties under the Contract
shall survive such Termination to the extent not otherwise limited in the Contract and without each one
of them having to be specifically mentioned in the Contract
(h) Termination of the Contract pursuant to this section shall not be deemed to be a breach of contract by
the Agency
4 Indemnification
(a) The Contractor shall indemnify defend and hold harmless the State and its officers representatives
agents servants employees successors and assigns from and against any and all (1) Claims arising
directly or indirectly in connection with the Contract including the acts of commission or omission
(collectively the Acts) of the Contractor or Contractor Parties and (2) liabilities damages losses
costs and expenses including but not limited to attorneys and other professionals fees arising directly
or indirectly in connection with Claims Acts or the Contract The Contractor shall use counsel
reasonably acceptable to the State in carrying out its obligations under this section The Contractorrsquos
obligations under this section to indemnify defend and hold harmless against Claims includes Claims
concerning confidentiality of any part of or all of the Contractorrsquos bid proposal or any Records any
intellectual property rights other proprietary rights of any person or entity copyrighted or uncopyrighted
compositions secret processes patented or unpatented inventions articles or appliances furnished or
used in the Performance
(b) The Contractor shall not be responsible for indemnifying or holding the State harmless from any liability
arising due to the negligence of the State or any other person or entity acting under the direct control or
supervision of the State
(c) The Contractor shall reimburse the State for any and all damages to the real or personal property of the
State caused by the Acts of the Contractor or any Contractor Parties The State shall give the Contractor
reasonable notice of any such Claims
(d) The Contractorrsquos duties under this section shall remain fully in effect and binding in accordance with the
terms and conditions of the Contract without being lessened or compromised in any way even where
the Contractor is alleged or is found to have merely contributed in part to the Acts giving rise to the
Claims andor where the State is alleged or is found to have contributed to the Acts giving rise to the
Claims
(e) The Contractor shall carry and maintain at all times during the term of the Contract and during the time
that any provisions survive the term of the Contract sufficient general liability insurance to satisfy its
obligations under this Contract The Contractor shall cause the State to be named as an additional insured
on the policy and shall provide (1) a certificate of insurance (2) the declaration page and (3) the
additional insured endorsement to the policy to the State and the Client Agency all in an electronic format
acceptable to the State prior to the Effective Date of the Contract evidencing that the State is an additional
insured The Contractor shall not begin Performance until the delivery of these three documents to the
Client Agency Contractor shall provide an annual electronic update of the three documents to the Client
Agency and the State on or before each anniversary of the Effective Date during the Contract term State
shall be entitled to recover under the insurance policy even if a body of competent jurisdiction determines
that State is contributorily negligent
(f) This section shall survive the Termination of the Contract and shall not be limited by reason of any
insurance coverage
5 Sovereign Immunity The parties acknowledge and agree that nothing in the Solicitation or the Contract shall
be construed as a modification compromise or waiver by the State of any rights or defenses of any immunities
provided by Federal law or the laws of the State of Connecticut to the State or any of its officers and employees
which they may have had now have or will have with respect to all matters arising out of the Contract To the
extent that this section conflicts with any other section this section shall govern
6 Protection of Confidential Information Contractor and Contractor Parties at their own expense have a duty to
and shall protect from a Confidential Information Breach any and all Confidential Information which they come
to possess or control wherever and however stored or maintained in a commercially reasonable manner in
accordance with current industry standards
(b) Each Contractor or Contractor Party shall develop implement and maintain a comprehensive data -
security program for the protection of Confidential Information The safeguards contained in such
Page 21 of 23
program shall be consistent with and comply with the safeguards for protection of Confidential
Information and information of a similar character as set forth in all applicable federal and state law
and written policy of the Agency or State concerning the confidentiality of Confidential Information
Such data-security program shall include but not be limited to the following
(1) A security policy for employees related to the storage access and transportation of data containing
Confidential Information
(2) Reasonable restrictions on access to records containing Confidential Information including access
to any locked storage where such records are kept
(3) A process for reviewing policies and security measures at least annually
(4) Creating secure access controls to Confidential Information including but not limited to passwords
and
(5) Encrypting of Confidential Information that is stored on laptops portable devices or being
transmitted electronically
(c) The Contractor and Contractor Parties shall notify the Agency and the Connecticut Office of the Attorney
General as soon as practical but no later than twenty-four (24) hours after they become aware of or
suspect that any Confidential Information which Contractor or Contractor Parties have come to possess
or control has been subject to a Confidential Information Breach If a Confidential Information Breach
has occurred the Contractor shall within three (3) business days after the notification present a credit
monitoring and protection plan to the Commissioner of Administrative Services the Agency and the
Connecticut Office of the Attorney General for review and approval Such credit monitoring or
protection plan shall be made available by the Contractor at its own cost and expense to all individuals
affected by the Confidential Information Breach Such credit monitoring or protection plan shall include
but is not limited to reimbursement for the cost of placing and lifting one (1) security freeze per credit
file pursuant to Connecticut General Statutes sect 36a-701a Such credit monitoring or protection plans
shall be approved by the State in accordance with this Section and shall cover a length of time
commensurate with the circumstances of the Confidential Information Breach The Contractorsrsquo costs
and expenses for the credit monitoring and protection plan shall not be recoverable from the Agency
any State of Connecticut entity or any affected individuals
(d) The Contractor shall incorporate the requirements of this Section in all subcontracts requiring each
Contractor Party to safeguard Confidential Information in the same manner as provided for in this
Section
(e) Nothing in this Section shall supersede in any manner Contractorrsquos or Contractor Partyrsquos obligations
pursuant to HIPAA or the provisions of this Contract concerning the obligations of the Contractor as a
Business Associate of Covered Entity
7 Executive Orders This Contract is subject to the provisions of Executive Order No Three of Governor Thomas
J Meskill promulgated June 16 1971 concerning labor employment practices Executive Order No Seventeen
of Governor Thomas J Meskill promulgated February 15 1973 concerning the listing of employment
openings and Executive Order No Sixteen of Governor John G Rowland promulgated August 4 1999
concerning violence in the workplace all of which are incorporated into and are made a part of the Contract as
if they had been fully set forth in it The Contract may also be subject to Executive Order No 14 of Governor
M Jodi Rell promulgated April 17 2006 concerning procurement of cleaning products and services and to
Executive Order No 49 of Governor Dannel P Malloy promulgated May 22 2015 mandating disclosure of
certain gifts to public employees and contributions to certain candidates for office If Executive Order 14 andor
Executive Order 49 are applicable they are deemed to be incorporated into and are made a part of the Contract
as if they had been fully set forth in it At the Contractorrsquos request the Client Agency or DAS shall provide a
copy of these orders to the Contractor
8 State Liability The State of Connecticut shall assume no liability for payment for services under the terms of
this agreement until the contractor is notified that this agreement has been accepted by the contracting agency
and if applicable approved by the Office of Policy and Management (OPM) or the Department of
Administrative Services (DAS) and by the Attorney General of the State of Connecticut
9 Distribution of Materials The Contractor shall obtain written approval from the Commissioner prior to the
distribution or publication of any materials prepared under the terms of this Contract Such approval shall not
be unreasonably withheld
10 Change in Principal Project Staff Any changes in the principal project staff must be requested in writing and
approved in writing by the Commissioner at the Commissionerrsquos sole discretion In the event of any
Page 22 of 23
unapproved change in principal project staff the Commissioner may in the Commissionerrsquos sole discretion
terminate this Contract
11 Further Assurances The Parties shall provide such information execute and deliver any instruments and
documents and take such other actions as may be necessary or reasonably requested by the other Party which
are not inconsistent with the provisions of this Contract and which do not involve the vesting of rights or
assumption of obligations other than those provided for in the Contract in order to give full effect to the
Contract and to carry out the intent of the Contract
12 Third Party Participation The Contractor may make sub-awards using either its own competitive selection
process or the values established in the statersquos competitive selection process as outlined in DAS General Letter
71 whichever is more restrictive to conduct any of the tasks in the Scope of Work contained in Appendix A
The Contractor shall advise the Commissioner of the proposed sub-awardee and the amount allocated at least
two (2) weeks prior to the making of such awards The Commissioner reserves the right to disapprove such
awards if they appear to be inconsistent with the program activities to be conducted under this grant As
required by Sec 46a-68j-23 of the Connecticut Regulations of State Agencies the Contractor must make a good
faith effort based upon the availability of minority business enterprises in the labor market area to award a
reasonable proportion of all subcontracts to such enterprises When minority business enterprises are selected
the Contractor shall provide DEEP with a copy of the Affidavit for Certification of Subcontractors as Minority
Business Enterprises (MBE) along with a copy of the purchase order or contract engaging the Subcontractor
The Contractor shall be the sole point of contact concerning the management of the Contract including
performance and payment issues The Contractor is solely and completely responsible for adherence by any
subcontractor to all the applicable provisions of the Contract
13 Americans with Disabilities Act The Contractor shall be and remain in compliance with the Americans with
Disabilities Act of 1990 (ldquoActrdquo) to the extent applicable during the term of the Contract The DEEP may
cancel the Contract if the Contractor fails to comply with the Act
14 Affirmative Action and Sexual Harassment Policies The Contractor agrees to comply with the Departments
Affirmative Action and Sexual Harassment Policies available on DEEPrsquos web site Hard copies of the policy
statements are available upon request at DEEP
15 Breach If either Party breaches the Contract in any respect the non-breaching Party shall provide written
notice of the breach to the breaching Party and afford the breaching Party an opportunity to cure within ten (10)
days from the date that the breaching Party receives the notice In the case of a Contractor breach any other
time period which the Agency sets forth in the notice shall trump the ten (10) days The right to cure period
shall be extended if the non-breaching Party is satisfied that the breaching Party is making a good faith effort
to cure but the nature of the breach is such that it cannot be cured within the right to cure period The notice
may include an effective Contract Termination date if the breach is not cured by the stated date and unless
otherwise modified by the non-breaching Party in writing prior to the Termination date no further action shall
be required of any Party to effect the Termination as of the stated date If the notice does not set forth an
effective Contract Termination date then the non-breaching Party may Terminate the Contract by giving the
breaching Party no less than twenty four (24) hours prior written notice If the Agency believes that the
Contractor has not performed according to the Contract the Agency may withhold payment in whole or in part
pending resolution of the Performance issue provided that the Agency notifies the Contractor in writing prior
to the date that the payment would have been due
16 Severability If any term or provision of the Contract or its application to any person entity or circumstance
shall to any extent be held to be invalid or unenforceable the remainder of the Contract or the application of
such term or provision shall not be affected as to persons entities or circumstances other than those as to whom
or to which it is held to be invalid or unenforceable Each remaining term and provision of the Contract shall
be valid and enforced to the fullest extent possible by law
17 The Town Guarantee The Town shall furnish adequate protection from damage for all work and to repair any
damage of any kind for which he or his workmen are responsible to premises or any equipment to his own
work or to the work of the Agency pay for all permits licenses and fees and to give all notices and comply
with all laws ordinances rules and regulations of the city state and federal government
18 Force Majeure The Parties shall not be excused from their obligation to perform in accordance with the
Contract except in the case of Force Majeure events and as otherwise provided for in the Contract A Force
Majeure event materially affects the cost of the Goods or Services or the time schedule for performance and is
outside the control nor caused by the Parties In the case of any such exception the nonperforming Party shall
give immediate written notice to the other explaining the cause and probable duration of any such
Page 23 of 23
nonperformance
19 Entirety of Contract The Contract is the entire agreement between the Parties with respect to its subject matter
and supersedes all prior agreements proposals offers counteroffers and understandings of the Parties whether
written or oral The Contract has been entered into after full investigation neither Party relying upon any
statement or representation by the other unless such statement or representation is specifically embodied in the
Contract
20 Interpretation The Contract contains numerous references to statutes and regulations For purposes of
interpretation conflict resolution and otherwise the content of those statutes and regulations shall govern over
the content of the reference in the Contract to those statutes and regulations
A-1
Attachment A
Scope of Work
Mobile Food and Beverage Concession Services
1 Insurance The Concessionaire shall furnish evidence of insurance A Certificate of Insurance
covering each annual period of this contract shall reflect the following limits and shall be submitted
by the Concessionaire to the Department of Energy and Environmental Protection by April 1 of each
year this contract is in effect
a Commercial General Liability insurance providing a total limit of $1000000 for all damages
arising from bodily injury to or death of all persons in any accident or occurrence and for all
damages arising from the destruction of or damage to property in any one accident or occurrence
In cases where any insurance policy shows an aggregate limit the aggregate shall apply solely to
the concession operation or the aggregate limit shall be not less than $2000000
b The operation of all motor vehicles including those hired or borrowed used in connection with
this contract shall be covered by Automobile Liability insurance providing for a total limit of
$1000000 for all damages arising from bodily injuries to or death of all persons in any one
accident or occurrence and for all damages arising from the destruction of or damage to property
in any one accident or occurrence In cases where any insurance policy shows an aggregate limit
the aggregate shall apply solely to the concession operation or the aggregate limit shall be not less
than $2000000
c The Concessionaire shall carry Workerrsquos Compensation insurance in accordance with the
requirements of the laws of the State of Connecticut
d Said coveragersquos are to be provided by insurance companies licensed by the State of Connecticut
e Any deductibles or self-insured retentions must be declared and approved by the State
f The State of Connecticut shall be listed as an Additional Insured on all required coverage
2 Commodities and Price List
a The Concessionaire shall be allowed to sell food and beverages as approved in advance by the
Commissioner
b The Concessionaire shall be allowed to sell souvenirs and other outdoor recreation related
merchandise hereinafter referred to collectively as merchandise as approved in advance by the
Commissioner
c By April 1 of each year that this contract is in effect the Concessionaire shall submit for approval
a price list of all foods beverages and merchandise for sale hereinafter referred to collectively as
commodities to the Department of Energy and Environmental Protection Bureau of Outdoor
Recreation Division of State Parks and Public Outreach 79 Elm Street Hartford CT 06106-5127
d Any price increases or additions of commodities are subject to the prior written approval of the
Commissioner
e The Concessionaire shall post a price list of all commodities for sale in full public view while in
operation
f Whenever the park name is used on merchandise the complete park name shall be used
g The Concessionaire warrants that all commodities offered for sale shall not exceed in price nor be
substandard in quality or quantity to like commodities sold in the surrounding community
A-2
3 Sunscreen All concession operations in a park having a designated swimming area shall have
sunscreen with a Sun Protection Factor (SPF) of at least 15 for adults and 45 for children available for
sale to the general public
4 Use of Biodegradable Products To the extent practicable the Concessionaire agrees to use
recyclable and biodegradable products and packaging in all of its operations ie paper products or
products containing recycled contents The Concessionaire agrees to not dispense food or beverages
in close-celled foam-based containers
5 Prohibitions The Concessionaire shall not
a dispense food or beverages in glass containers
b dispense alcoholic beverages
c sell snorkels beach balls rafts or other inflatable or buoyant devices except US Coast Guard
approved personal flotation devices (PFDs)
d permit gratuities to employees of the State of Connecticut
e provide video or pinball games
6 Hours of Operation
a The Concessionaire may operate the Concession daily between 800 am and sunset on any day
that this contract is in effect
b From the Saturday before Memorial Day through July 4th the Concessionaire shall open the
concession on Saturdays Sundays and holidays not later than 1100 am except during inclement
weather and the concession shall remain open at least until three hours before but not later than
sunset
c From July 4th through Labor Day the Concessionaire shall open the concession daily not later than
1100 am except during inclement weather and the concession shall remain open at least until
three hours before but not later than sunset
d Deviations from the above stated schedules are allowable but must receive advanced approval in
writing from the Park and Recreation Supervisor
e When closing due to inclement weather the Concessionaire shall immediately notify the Park and
Recreation Supervisor The Concessionaire shall keep in the concession vehicle at all times a log
of all closures due to inclement weather and it shall be immediately available to the Park and
Recreation Supervisor upon request for inspection
f Within 30 days of closing the concession for the season but in no case later than December 31 of
each calendar year that this contract is in effect the Concessionaire shall submit an Annual
Inclement Weather Closure Report to the Park and Recreation Supervisor
7 Health Department Inspections The Concessionaire is responsible for scheduling inspections by
the appropriate local health department prior to April 15th of each year this contract is in effect The
Concessionaire is responsible for and shall directly pay for any fees charged for such inspections
8 Health Department Permit The Concessionaire will annually obtain a ldquopermit to sellrdquo from the local
health department and submit a copy of said permit to the DEEP Division of State Parks amp Public
Outreach not later than April 30th of each year this contract is in effect Other Permits The
Concessionaire shall be solely responsible for securing any other licenses permits approvals or
waivers required by any other federal state regional or municipal authority having jurisdiction in the
town(s) in which the Concession is located
9 State Property The Concessionaire shall install no fixed equipment nor make any physical changes
to state property without the prior written approval of DEEP Any improvements or permanent fixtures
approved by the DEEP and provided by the Concessionaire during the term of this contract shall
immediately become the property of the State of Connecticut
A-3
10 Public Health Code The Concessionaire agrees to conform to the Public Health Code of the State of
Connecticut concerning the storage handling and vending of food
11 Refuse Disposal The Concessionaire at its sole expense shall be responsible for the proper disposal
and removal of all recyclables and trash generated by operation of the concession For additional
information see the DEEP website for Managing Waste and Recycling at Special Events and Other
Venues the direct URL address for which is
httpwwwctgovdepcwpviewaspa=2714ampq=434054ampdepNav_GID=1645
12 General Maintenance The Concessionaire shall be responsible for maintaining the Concession area
in a clean sanitary and orderly manner
13 Exclusivity With the exception of vending machines and commodities having prior written approval
for DEEP sanctioned events including but not limited to events authorized by a Special Use License
the Concessionaire shall have the exclusive right to sell commodities within the property named
herein
14 Vending Machines The State of Connecticut Board of Education and Services for the Blind (BESB)
shall have exclusive rights to vending machines on the premises of the concessions and other
authorized areas within the park or forest for the purpose of vending foods and beverages and to collect
receipts there from provided that the number and locations of such vending machines shall receive
prior written approval from a representative of the DEEP
15 Rights of Park Visitors The Concessionaire agrees that nothing contained in the terms of this
contract shall prevent visitors from bringing food to the park and preparing such food for personal
consumption including dispensing such food at no charge to other park visitors Park visitors may
also utilize private catering services with advanced written approval of the Park and Recreation
Supervisor Said catering services may only be permitted with the condition that no financial
transactions occur on DEEP property
16 Concession Staffing The concession shall be staffed only by the Concessionaire or its employee(s)
or other agents identified herein unless otherwise authorized by the Commissioner in writing
17 Code of Conduct Due to the public service nature of the Concession the Concessionaire and all
employees of the Concessionaire shall conduct themselves in a courteous respectful and professional
manner with all members of the public
18 Appearance The Concessionaire and its employees shall be clean and neat in appearance Wearing
an item of uniform eg a shirt hat or badge identifying the name of the Concessionaire employee or
business is encouraged
19 Audible Devices The Concessionaire shall activate audible devices (loudspeakers music bells etc)
only in accordance with instructions provided by the Park and Recreation Supervisor Instructions are
subject to change immediately at the discretion of the Park and Recreation Supervisor
20 Concession Location Unless authorized by the Park and Recreation Supervisor to do otherwise the
Concessionaire agrees to
a identify all park-and-sit locations or drive-through routes on a park map
b confine all concession operations to the designated Concession areas
c confine all sales and advertising to the concession vehicle
d provide garbage and recycling receptacles for customer use
21 Food Inspection An authorized representative of the Commissioner may conduct an unannounced
in-season food inspection once per calendar year Upon request the Concessionaire shall provide a
A-4
range of food and beverage items proportionate to one meal to the Commissionerrsquos
representative for food-tasting purposes
22 Financial Reporting Within 30 days of closing the Concession for the season but in no case
later than December 31 of each calendar year that this contract is in effect the Concessionaire
shall submit a certified statement of annual gross receipts attested to by a Notary Public or a
Commissioner of the Superior Court to Department of Energy and Environmental Protection
Bureau of Outdoor Recreation Division of State Parks and Public Outreach 79 Elm Street
Hartford CT 06106-5127
23 Revenue DEEP shall have no responsibility for revenue loss directly or indirectly attributable
to DEEP management actions including but not limited to changes in park or campground
schedules or operations or in services provided to the visiting public DEEP shall have no
responsibility for revenue loss directly or indirectly attributable to uncontrollable phenomena
including but not limited to attendance loss weather conditions or other Acts of God
24 Compliance The Concessionaire agrees to comply with the regulations of the Department of
Energy and Environmental Protection regarding State Park and Forest Recreation Areas and
with any other department policy concerning the operation of concessions
The parties have hereunto set their hands
SIGNED AND DELIVERED below
STATE OF CONNECTICUT
Department of Energy and Environmental
Protection
CONCESSIONAIRE
BY BY
Date Date
Contract ______________
Acct Fund SID DeptId Prog Project Bud
Ref Amount
Funds available Date
Attorney General (Approved as to Form) Date
Page 16 of 23
LETTER OF INTENT TO SUBMIT A PROPOSAL
State of Connecticut
Department of Energy amp Environmental Protection
RFP for Eagle Landing State Park
Return to Tenia Seay
Department of Energy amp Environmental Protection
Bureau of Outdoor Recreation
79 Elm Street
Hartford CT 06106-5127
860-424-3064 (Phone)
860-424-4070 (FAX)
Return Deadline 400 pm July 20 2020
The individual firm or corporation below intends to submit a proposal in response to the above referenced RFP
Note This letter is a non-binding expression of interest and does not obligate the sender to submit a proposal
The individual firm or corporation below has reviewed and if selected accepts the agencyrsquos standard contract and
conditions (provided in the RFP) in their entirety and without amendment
Name
Mailing Address
Contact Person
Telephone
FAX
Signature
Title Date
Page 17 of 23
STATE OF CONNECTICUT
DEPARTMENT OF ENERGY AND ENVIRONMENTAL PROTECTION
BUREAU OF OUTDOOR RECREATION AND
CONNECTICUT STATE PARK AND FOREST RECREATION AREA
MOBILE FOOD AND BEVERAGE CONCESSION
THIS CONTRACT is made by and between the STATE OF CONNECTICUT acting herein by
the Commissioner of the Department of Energy and Environmental Protection hereinafter referred
to as Commissionerrdquo or DEEP or ldquoStaterdquo and [Insert Concessionaire] of the Town of
Waterbury and the state of Connecticut hereinafter referred to as the Concessionaire or
ldquoContractorrdquo
WITNESSETH
WHEREAS the Commissioner of Energy and Environmental Protection pursuant to Conn Gen
Stat 23-26 has the authority to enter into contractual relations with persons for the maintenance
of concessions and other sources of revenue to be derived from services to the general public using
state parks and
WHEREAS the Concessionaire desires to operate a Mobile Food and Beverage Concession
Service and render services to the public at
[Insert Name of Location]
NOW THEREFORE it is hereby agreed as follows
1 Mobile Food and Beverage Concession Service The Concessionaire agrees to operate a
Mobile Food and Beverage Concession Service at the above noted facility The Concessionaire
is responsible for all work included in this Contract Details regarding the Scope of Work are
included in Attachment A which is attached hereto and is hereby made a part of this contract
2 Duration The Commissioner hereby grants to the Concessionaire the exclusive right to
operate the above Mobile Food and Beverage Concession Service at the location identified for
the period commencing upon contract execution through [insert expiration date] At the
Commissionerrsquos sole discretion this contract may be renewed for up to [Insert number] years
without further competition
3 Payment In consideration of said rights and privileges the Concessionaire agrees to pay a
total of [insert amount] to the State of Connecticut due by [insert date] Payments shall be
made by check draft or money order payable to Treasurer State of Connecticut and
delivered or mailed to the Department of Energy and Environmental Protection Accounts
Receivable 79 Elm Street Hartford Connecticut 06106-5127
4 Nondisclosure Contactor shall not release any information concerning the services provided
pursuant to the Contract or any part thereof to any member of the public press business entity
or any official body unless prior written consent is obtained from the State
Page 18 of 23
STANDARD TERMS AND CONDITIONS (Rev 8302019)
1 Definitions
(a) State The State of Connecticut including the Department of Energy and Environmental Protection and
any office department board council commission institution or other agency of the State
(b) Commissioner The Commissioner of Energy and Environmental Protection or the Commissionerrsquos
designated agent
(c) Parties The Department of Energy and Environmental Protection (DEEP or Agency) and the Contractor
(d) Contractor Parties Contractor Parties shall be defined as a Contractorrsquos members directors officers
shareholders partners managers principal officers representatives agents servants consultants employees
or any one of them or any other person or entity with whom the Contractor is in privity of oral or written
contract and the Contractor intends for such other person or entity to Perform under the Contract in any
capacity To the extent that any Contractor Party is to participate or Perform in any way directly or indirectly
in connection with the Contract any reference in the Contract to the ldquoContractorrdquo shall also be deemed to
include ldquoContractor Partiesrdquo as if such reference had originally specifically included ldquoContractor Partiesrdquo
since it is the Partiesrsquo intent for the terms ldquoContractor Partiesrdquo to be vested with the same respective rights
and obligations as the terms ldquoContractorrdquo
(e) Contract This agreement as of its Effective Date between the Contractor and the State for any or all
goods or services as more particularly described in Appendix A
(f) Execution This contract shall be fully executed when it has been signed by authorized representatives
of the parties and if it is for an amount of Twenty-five thousand dollars ($2500000) or more by the
authorized representative of the state Attorney Generals office
(g) Exhibits All attachments appendices or exhibits referred to in and attached to this Contract are
incorporated in this Contract by such reference and shall be deemed to be a part of it as if they had been fully
set forth in it
(h) Records For the purposes of this Contract records are defined as all working papers and such other
information and materials as may have been accumulated by the Contractor in performing the Contract
including but not limited to documents data plans books computations drawings specifications notes
reports records estimates summaries and correspondence kept or stored in any form
(i) Confidential Information Confidential Information shall mean any name number or other information
that may be used alone or in conjunction with any other information to identify a specific individual
including but not limited to such individuals name date of birth mothers maiden name motor vehicle
operators license number Social Security number employee identification number employer or taxpayer
identification number alien registration number government passport number health insurance
identification number demand deposit account number savings account number credit card number debit
card number or unique biometric data such as fingerprint voice print retina or iris image or other unique
physical representation Without limiting the foregoing Confidential Information shall also include any
information that the Department classifies as ldquoconfidentialrdquo or ldquorestrictedrdquo Confidential Information shall
not include information that may be lawfully obtained from publicly available sources or from federal state
or local government records which are lawfully made available to the general public
(j) Confidential Information Breach Confidential Information Breach shall mean generally an instance
where an unauthorized person or entity accesses Confidential Information in any manner including but not
limited to the following occurrences (1) any Confidential Information that is not encrypted or protected is
misplaced lost stolen or in any way compromised (2) one or more third parties have had access to or taken
control or possession of any Confidential Information that is not encrypted or protected without prior written
authorization from the State (3) the unauthorized acquisition of encrypted or protected Confidential
Information together with the confidential process or key that is capable of compromising the integrity of the
Confidential Information or (4) if there is a substantial risk of identity theft or fraud to the client the
Contractor the Department or State
Page 19 of 23
(k) Claim Claim shall mean all actions suits claims demands investigations and proceedings of any kind
open pending or threatened whether mature unmatured contingent known or unknown at law or in equity
in any forum
2 Forum and Choice of Law The parties deem the Contract to have been made in the City of Hartford State of
Connecticut Both parties agree that it is fair and reasonable for the validity and construction of the Contract
to be and it shall be governed by the laws and court decisions of the State of Connecticut without giving effect
to its principles of conflicts of laws To the extent that any immunities provided by Federal law or the laws of
the State of Connecticut do not bar an action against the State and to the extent that these courts are courts of
competent jurisdiction for the purpose of venue the complaint shall be made returnable to the Judicial District
of Hartford only or shall be brought in the United States District Court for the District of Connecticut only and
shall not be transferred to any other court provided however that nothing here constitutes a waiver or
compromise of the sovereign immunity of the State of Connecticut The Contractor waives any objection which
it may now have or will have to the laying of venue of any Claims in any forum and further irrevocably submits
to such jurisdiction in any suit action or proceeding
3 Termination
(a) Notwithstanding any provisions in this Contract the Agency through a duly authorized employee may
Terminate the Contract whenever the Agency makes a written determination that such Termination is in
the best interests of the State The Agency shall notify the Contractor in writing of Termination pursuant
to this section which notice shall specify the effective date of Termination and the extent to which the
Contractor must complete its Performance under the Contract prior to such date
(b) Notwithstanding any provisions in this Contract the Agency through a duly authorized employee may
after making a written determination that the Contractor has breached the Contract Terminate the
Contract in accordance with the provisions in the Breach section of this Contract
(c) The Agency shall send the notice of Termination via certified mail return receipt requested to the
Contractor at the most current address which the Contractor has furnished to the Agency for purposes of
correspondence or by hand delivery Upon receiving the notice from the Agency the Contractor shall
immediately discontinue all services affected in accordance with the notice undertake all commercially
reasonable efforts to mitigate any losses or damages and deliver to the Agency all Records The Records
are deemed to be the property of the Agency and the Contractor shall deliver them to the Agency no later
than thirty (30) days after the Termination of the Contract or fifteen (15) days after the Contractor
receives a written request from the Agency for the Records The Contractor shall deliver those Records
that exist in electronic magnetic or other intangible form in a non-proprietary format such as but not
limited to ASCII or TXT
(d) Upon receipt of a written notice of Termination from the Agency the Contractor shall cease operations
as the Agency directs in the notice and take all actions that are necessary or appropriate or that the
Agency may reasonably direct for the protection and preservation of the Goods and any other property
Except for any work which the Agency directs the Contractor to Perform in the notice prior to the
effective date of Termination and except as otherwise provided in the notice the Contractor shall
terminate or conclude all existing subcontracts and purchase orders and shall not enter into any further
subcontracts purchase orders or commitments
(e) The Agency shall within forty-five (45) days of the effective date of Termination reimburse the
Contractor for its Performance rendered and accepted by the Agency in addition to all actual and
reasonable costs incurred after Termination in completing those portions of the Performance which the
notice required the Contractor to complete However the Contractor is not entitled to receive and the
Agency is not obligated to tender to the Contractor any payments for anticipated or lost profits Upon
request by the Agency the Contractor shall assign to the Agency or any replacement contractor which
the Agency designates all subcontracts purchase orders and other commitments deliver to the Agency
all Records and other information pertaining to its Performance and remove from State premises
whether leased or owned all of Contractorrsquos property equipment waste material and rubbish related to
its Performance all as the Agency may request
(f) For breach or violation of any of the provisions in the section concerning Representations and
Warranties the Agency may Terminate the Contract in accordance with its terms and revoke any
consents to assignments given as if the assignments had never been requested or consented to without
liability to the Contractor or Contractor Parties or any third party
(g) Upon Termination of the Contract all rights and obligations shall be null and void so that no party shall
Page 20 of 23
have any further rights or obligations to any other party except with respect to the sections which survive
Termination All representations warranties agreements and rights of the parties under the Contract
shall survive such Termination to the extent not otherwise limited in the Contract and without each one
of them having to be specifically mentioned in the Contract
(h) Termination of the Contract pursuant to this section shall not be deemed to be a breach of contract by
the Agency
4 Indemnification
(a) The Contractor shall indemnify defend and hold harmless the State and its officers representatives
agents servants employees successors and assigns from and against any and all (1) Claims arising
directly or indirectly in connection with the Contract including the acts of commission or omission
(collectively the Acts) of the Contractor or Contractor Parties and (2) liabilities damages losses
costs and expenses including but not limited to attorneys and other professionals fees arising directly
or indirectly in connection with Claims Acts or the Contract The Contractor shall use counsel
reasonably acceptable to the State in carrying out its obligations under this section The Contractorrsquos
obligations under this section to indemnify defend and hold harmless against Claims includes Claims
concerning confidentiality of any part of or all of the Contractorrsquos bid proposal or any Records any
intellectual property rights other proprietary rights of any person or entity copyrighted or uncopyrighted
compositions secret processes patented or unpatented inventions articles or appliances furnished or
used in the Performance
(b) The Contractor shall not be responsible for indemnifying or holding the State harmless from any liability
arising due to the negligence of the State or any other person or entity acting under the direct control or
supervision of the State
(c) The Contractor shall reimburse the State for any and all damages to the real or personal property of the
State caused by the Acts of the Contractor or any Contractor Parties The State shall give the Contractor
reasonable notice of any such Claims
(d) The Contractorrsquos duties under this section shall remain fully in effect and binding in accordance with the
terms and conditions of the Contract without being lessened or compromised in any way even where
the Contractor is alleged or is found to have merely contributed in part to the Acts giving rise to the
Claims andor where the State is alleged or is found to have contributed to the Acts giving rise to the
Claims
(e) The Contractor shall carry and maintain at all times during the term of the Contract and during the time
that any provisions survive the term of the Contract sufficient general liability insurance to satisfy its
obligations under this Contract The Contractor shall cause the State to be named as an additional insured
on the policy and shall provide (1) a certificate of insurance (2) the declaration page and (3) the
additional insured endorsement to the policy to the State and the Client Agency all in an electronic format
acceptable to the State prior to the Effective Date of the Contract evidencing that the State is an additional
insured The Contractor shall not begin Performance until the delivery of these three documents to the
Client Agency Contractor shall provide an annual electronic update of the three documents to the Client
Agency and the State on or before each anniversary of the Effective Date during the Contract term State
shall be entitled to recover under the insurance policy even if a body of competent jurisdiction determines
that State is contributorily negligent
(f) This section shall survive the Termination of the Contract and shall not be limited by reason of any
insurance coverage
5 Sovereign Immunity The parties acknowledge and agree that nothing in the Solicitation or the Contract shall
be construed as a modification compromise or waiver by the State of any rights or defenses of any immunities
provided by Federal law or the laws of the State of Connecticut to the State or any of its officers and employees
which they may have had now have or will have with respect to all matters arising out of the Contract To the
extent that this section conflicts with any other section this section shall govern
6 Protection of Confidential Information Contractor and Contractor Parties at their own expense have a duty to
and shall protect from a Confidential Information Breach any and all Confidential Information which they come
to possess or control wherever and however stored or maintained in a commercially reasonable manner in
accordance with current industry standards
(b) Each Contractor or Contractor Party shall develop implement and maintain a comprehensive data -
security program for the protection of Confidential Information The safeguards contained in such
Page 21 of 23
program shall be consistent with and comply with the safeguards for protection of Confidential
Information and information of a similar character as set forth in all applicable federal and state law
and written policy of the Agency or State concerning the confidentiality of Confidential Information
Such data-security program shall include but not be limited to the following
(1) A security policy for employees related to the storage access and transportation of data containing
Confidential Information
(2) Reasonable restrictions on access to records containing Confidential Information including access
to any locked storage where such records are kept
(3) A process for reviewing policies and security measures at least annually
(4) Creating secure access controls to Confidential Information including but not limited to passwords
and
(5) Encrypting of Confidential Information that is stored on laptops portable devices or being
transmitted electronically
(c) The Contractor and Contractor Parties shall notify the Agency and the Connecticut Office of the Attorney
General as soon as practical but no later than twenty-four (24) hours after they become aware of or
suspect that any Confidential Information which Contractor or Contractor Parties have come to possess
or control has been subject to a Confidential Information Breach If a Confidential Information Breach
has occurred the Contractor shall within three (3) business days after the notification present a credit
monitoring and protection plan to the Commissioner of Administrative Services the Agency and the
Connecticut Office of the Attorney General for review and approval Such credit monitoring or
protection plan shall be made available by the Contractor at its own cost and expense to all individuals
affected by the Confidential Information Breach Such credit monitoring or protection plan shall include
but is not limited to reimbursement for the cost of placing and lifting one (1) security freeze per credit
file pursuant to Connecticut General Statutes sect 36a-701a Such credit monitoring or protection plans
shall be approved by the State in accordance with this Section and shall cover a length of time
commensurate with the circumstances of the Confidential Information Breach The Contractorsrsquo costs
and expenses for the credit monitoring and protection plan shall not be recoverable from the Agency
any State of Connecticut entity or any affected individuals
(d) The Contractor shall incorporate the requirements of this Section in all subcontracts requiring each
Contractor Party to safeguard Confidential Information in the same manner as provided for in this
Section
(e) Nothing in this Section shall supersede in any manner Contractorrsquos or Contractor Partyrsquos obligations
pursuant to HIPAA or the provisions of this Contract concerning the obligations of the Contractor as a
Business Associate of Covered Entity
7 Executive Orders This Contract is subject to the provisions of Executive Order No Three of Governor Thomas
J Meskill promulgated June 16 1971 concerning labor employment practices Executive Order No Seventeen
of Governor Thomas J Meskill promulgated February 15 1973 concerning the listing of employment
openings and Executive Order No Sixteen of Governor John G Rowland promulgated August 4 1999
concerning violence in the workplace all of which are incorporated into and are made a part of the Contract as
if they had been fully set forth in it The Contract may also be subject to Executive Order No 14 of Governor
M Jodi Rell promulgated April 17 2006 concerning procurement of cleaning products and services and to
Executive Order No 49 of Governor Dannel P Malloy promulgated May 22 2015 mandating disclosure of
certain gifts to public employees and contributions to certain candidates for office If Executive Order 14 andor
Executive Order 49 are applicable they are deemed to be incorporated into and are made a part of the Contract
as if they had been fully set forth in it At the Contractorrsquos request the Client Agency or DAS shall provide a
copy of these orders to the Contractor
8 State Liability The State of Connecticut shall assume no liability for payment for services under the terms of
this agreement until the contractor is notified that this agreement has been accepted by the contracting agency
and if applicable approved by the Office of Policy and Management (OPM) or the Department of
Administrative Services (DAS) and by the Attorney General of the State of Connecticut
9 Distribution of Materials The Contractor shall obtain written approval from the Commissioner prior to the
distribution or publication of any materials prepared under the terms of this Contract Such approval shall not
be unreasonably withheld
10 Change in Principal Project Staff Any changes in the principal project staff must be requested in writing and
approved in writing by the Commissioner at the Commissionerrsquos sole discretion In the event of any
Page 22 of 23
unapproved change in principal project staff the Commissioner may in the Commissionerrsquos sole discretion
terminate this Contract
11 Further Assurances The Parties shall provide such information execute and deliver any instruments and
documents and take such other actions as may be necessary or reasonably requested by the other Party which
are not inconsistent with the provisions of this Contract and which do not involve the vesting of rights or
assumption of obligations other than those provided for in the Contract in order to give full effect to the
Contract and to carry out the intent of the Contract
12 Third Party Participation The Contractor may make sub-awards using either its own competitive selection
process or the values established in the statersquos competitive selection process as outlined in DAS General Letter
71 whichever is more restrictive to conduct any of the tasks in the Scope of Work contained in Appendix A
The Contractor shall advise the Commissioner of the proposed sub-awardee and the amount allocated at least
two (2) weeks prior to the making of such awards The Commissioner reserves the right to disapprove such
awards if they appear to be inconsistent with the program activities to be conducted under this grant As
required by Sec 46a-68j-23 of the Connecticut Regulations of State Agencies the Contractor must make a good
faith effort based upon the availability of minority business enterprises in the labor market area to award a
reasonable proportion of all subcontracts to such enterprises When minority business enterprises are selected
the Contractor shall provide DEEP with a copy of the Affidavit for Certification of Subcontractors as Minority
Business Enterprises (MBE) along with a copy of the purchase order or contract engaging the Subcontractor
The Contractor shall be the sole point of contact concerning the management of the Contract including
performance and payment issues The Contractor is solely and completely responsible for adherence by any
subcontractor to all the applicable provisions of the Contract
13 Americans with Disabilities Act The Contractor shall be and remain in compliance with the Americans with
Disabilities Act of 1990 (ldquoActrdquo) to the extent applicable during the term of the Contract The DEEP may
cancel the Contract if the Contractor fails to comply with the Act
14 Affirmative Action and Sexual Harassment Policies The Contractor agrees to comply with the Departments
Affirmative Action and Sexual Harassment Policies available on DEEPrsquos web site Hard copies of the policy
statements are available upon request at DEEP
15 Breach If either Party breaches the Contract in any respect the non-breaching Party shall provide written
notice of the breach to the breaching Party and afford the breaching Party an opportunity to cure within ten (10)
days from the date that the breaching Party receives the notice In the case of a Contractor breach any other
time period which the Agency sets forth in the notice shall trump the ten (10) days The right to cure period
shall be extended if the non-breaching Party is satisfied that the breaching Party is making a good faith effort
to cure but the nature of the breach is such that it cannot be cured within the right to cure period The notice
may include an effective Contract Termination date if the breach is not cured by the stated date and unless
otherwise modified by the non-breaching Party in writing prior to the Termination date no further action shall
be required of any Party to effect the Termination as of the stated date If the notice does not set forth an
effective Contract Termination date then the non-breaching Party may Terminate the Contract by giving the
breaching Party no less than twenty four (24) hours prior written notice If the Agency believes that the
Contractor has not performed according to the Contract the Agency may withhold payment in whole or in part
pending resolution of the Performance issue provided that the Agency notifies the Contractor in writing prior
to the date that the payment would have been due
16 Severability If any term or provision of the Contract or its application to any person entity or circumstance
shall to any extent be held to be invalid or unenforceable the remainder of the Contract or the application of
such term or provision shall not be affected as to persons entities or circumstances other than those as to whom
or to which it is held to be invalid or unenforceable Each remaining term and provision of the Contract shall
be valid and enforced to the fullest extent possible by law
17 The Town Guarantee The Town shall furnish adequate protection from damage for all work and to repair any
damage of any kind for which he or his workmen are responsible to premises or any equipment to his own
work or to the work of the Agency pay for all permits licenses and fees and to give all notices and comply
with all laws ordinances rules and regulations of the city state and federal government
18 Force Majeure The Parties shall not be excused from their obligation to perform in accordance with the
Contract except in the case of Force Majeure events and as otherwise provided for in the Contract A Force
Majeure event materially affects the cost of the Goods or Services or the time schedule for performance and is
outside the control nor caused by the Parties In the case of any such exception the nonperforming Party shall
give immediate written notice to the other explaining the cause and probable duration of any such
Page 23 of 23
nonperformance
19 Entirety of Contract The Contract is the entire agreement between the Parties with respect to its subject matter
and supersedes all prior agreements proposals offers counteroffers and understandings of the Parties whether
written or oral The Contract has been entered into after full investigation neither Party relying upon any
statement or representation by the other unless such statement or representation is specifically embodied in the
Contract
20 Interpretation The Contract contains numerous references to statutes and regulations For purposes of
interpretation conflict resolution and otherwise the content of those statutes and regulations shall govern over
the content of the reference in the Contract to those statutes and regulations
A-1
Attachment A
Scope of Work
Mobile Food and Beverage Concession Services
1 Insurance The Concessionaire shall furnish evidence of insurance A Certificate of Insurance
covering each annual period of this contract shall reflect the following limits and shall be submitted
by the Concessionaire to the Department of Energy and Environmental Protection by April 1 of each
year this contract is in effect
a Commercial General Liability insurance providing a total limit of $1000000 for all damages
arising from bodily injury to or death of all persons in any accident or occurrence and for all
damages arising from the destruction of or damage to property in any one accident or occurrence
In cases where any insurance policy shows an aggregate limit the aggregate shall apply solely to
the concession operation or the aggregate limit shall be not less than $2000000
b The operation of all motor vehicles including those hired or borrowed used in connection with
this contract shall be covered by Automobile Liability insurance providing for a total limit of
$1000000 for all damages arising from bodily injuries to or death of all persons in any one
accident or occurrence and for all damages arising from the destruction of or damage to property
in any one accident or occurrence In cases where any insurance policy shows an aggregate limit
the aggregate shall apply solely to the concession operation or the aggregate limit shall be not less
than $2000000
c The Concessionaire shall carry Workerrsquos Compensation insurance in accordance with the
requirements of the laws of the State of Connecticut
d Said coveragersquos are to be provided by insurance companies licensed by the State of Connecticut
e Any deductibles or self-insured retentions must be declared and approved by the State
f The State of Connecticut shall be listed as an Additional Insured on all required coverage
2 Commodities and Price List
a The Concessionaire shall be allowed to sell food and beverages as approved in advance by the
Commissioner
b The Concessionaire shall be allowed to sell souvenirs and other outdoor recreation related
merchandise hereinafter referred to collectively as merchandise as approved in advance by the
Commissioner
c By April 1 of each year that this contract is in effect the Concessionaire shall submit for approval
a price list of all foods beverages and merchandise for sale hereinafter referred to collectively as
commodities to the Department of Energy and Environmental Protection Bureau of Outdoor
Recreation Division of State Parks and Public Outreach 79 Elm Street Hartford CT 06106-5127
d Any price increases or additions of commodities are subject to the prior written approval of the
Commissioner
e The Concessionaire shall post a price list of all commodities for sale in full public view while in
operation
f Whenever the park name is used on merchandise the complete park name shall be used
g The Concessionaire warrants that all commodities offered for sale shall not exceed in price nor be
substandard in quality or quantity to like commodities sold in the surrounding community
A-2
3 Sunscreen All concession operations in a park having a designated swimming area shall have
sunscreen with a Sun Protection Factor (SPF) of at least 15 for adults and 45 for children available for
sale to the general public
4 Use of Biodegradable Products To the extent practicable the Concessionaire agrees to use
recyclable and biodegradable products and packaging in all of its operations ie paper products or
products containing recycled contents The Concessionaire agrees to not dispense food or beverages
in close-celled foam-based containers
5 Prohibitions The Concessionaire shall not
a dispense food or beverages in glass containers
b dispense alcoholic beverages
c sell snorkels beach balls rafts or other inflatable or buoyant devices except US Coast Guard
approved personal flotation devices (PFDs)
d permit gratuities to employees of the State of Connecticut
e provide video or pinball games
6 Hours of Operation
a The Concessionaire may operate the Concession daily between 800 am and sunset on any day
that this contract is in effect
b From the Saturday before Memorial Day through July 4th the Concessionaire shall open the
concession on Saturdays Sundays and holidays not later than 1100 am except during inclement
weather and the concession shall remain open at least until three hours before but not later than
sunset
c From July 4th through Labor Day the Concessionaire shall open the concession daily not later than
1100 am except during inclement weather and the concession shall remain open at least until
three hours before but not later than sunset
d Deviations from the above stated schedules are allowable but must receive advanced approval in
writing from the Park and Recreation Supervisor
e When closing due to inclement weather the Concessionaire shall immediately notify the Park and
Recreation Supervisor The Concessionaire shall keep in the concession vehicle at all times a log
of all closures due to inclement weather and it shall be immediately available to the Park and
Recreation Supervisor upon request for inspection
f Within 30 days of closing the concession for the season but in no case later than December 31 of
each calendar year that this contract is in effect the Concessionaire shall submit an Annual
Inclement Weather Closure Report to the Park and Recreation Supervisor
7 Health Department Inspections The Concessionaire is responsible for scheduling inspections by
the appropriate local health department prior to April 15th of each year this contract is in effect The
Concessionaire is responsible for and shall directly pay for any fees charged for such inspections
8 Health Department Permit The Concessionaire will annually obtain a ldquopermit to sellrdquo from the local
health department and submit a copy of said permit to the DEEP Division of State Parks amp Public
Outreach not later than April 30th of each year this contract is in effect Other Permits The
Concessionaire shall be solely responsible for securing any other licenses permits approvals or
waivers required by any other federal state regional or municipal authority having jurisdiction in the
town(s) in which the Concession is located
9 State Property The Concessionaire shall install no fixed equipment nor make any physical changes
to state property without the prior written approval of DEEP Any improvements or permanent fixtures
approved by the DEEP and provided by the Concessionaire during the term of this contract shall
immediately become the property of the State of Connecticut
A-3
10 Public Health Code The Concessionaire agrees to conform to the Public Health Code of the State of
Connecticut concerning the storage handling and vending of food
11 Refuse Disposal The Concessionaire at its sole expense shall be responsible for the proper disposal
and removal of all recyclables and trash generated by operation of the concession For additional
information see the DEEP website for Managing Waste and Recycling at Special Events and Other
Venues the direct URL address for which is
httpwwwctgovdepcwpviewaspa=2714ampq=434054ampdepNav_GID=1645
12 General Maintenance The Concessionaire shall be responsible for maintaining the Concession area
in a clean sanitary and orderly manner
13 Exclusivity With the exception of vending machines and commodities having prior written approval
for DEEP sanctioned events including but not limited to events authorized by a Special Use License
the Concessionaire shall have the exclusive right to sell commodities within the property named
herein
14 Vending Machines The State of Connecticut Board of Education and Services for the Blind (BESB)
shall have exclusive rights to vending machines on the premises of the concessions and other
authorized areas within the park or forest for the purpose of vending foods and beverages and to collect
receipts there from provided that the number and locations of such vending machines shall receive
prior written approval from a representative of the DEEP
15 Rights of Park Visitors The Concessionaire agrees that nothing contained in the terms of this
contract shall prevent visitors from bringing food to the park and preparing such food for personal
consumption including dispensing such food at no charge to other park visitors Park visitors may
also utilize private catering services with advanced written approval of the Park and Recreation
Supervisor Said catering services may only be permitted with the condition that no financial
transactions occur on DEEP property
16 Concession Staffing The concession shall be staffed only by the Concessionaire or its employee(s)
or other agents identified herein unless otherwise authorized by the Commissioner in writing
17 Code of Conduct Due to the public service nature of the Concession the Concessionaire and all
employees of the Concessionaire shall conduct themselves in a courteous respectful and professional
manner with all members of the public
18 Appearance The Concessionaire and its employees shall be clean and neat in appearance Wearing
an item of uniform eg a shirt hat or badge identifying the name of the Concessionaire employee or
business is encouraged
19 Audible Devices The Concessionaire shall activate audible devices (loudspeakers music bells etc)
only in accordance with instructions provided by the Park and Recreation Supervisor Instructions are
subject to change immediately at the discretion of the Park and Recreation Supervisor
20 Concession Location Unless authorized by the Park and Recreation Supervisor to do otherwise the
Concessionaire agrees to
a identify all park-and-sit locations or drive-through routes on a park map
b confine all concession operations to the designated Concession areas
c confine all sales and advertising to the concession vehicle
d provide garbage and recycling receptacles for customer use
21 Food Inspection An authorized representative of the Commissioner may conduct an unannounced
in-season food inspection once per calendar year Upon request the Concessionaire shall provide a
A-4
range of food and beverage items proportionate to one meal to the Commissionerrsquos
representative for food-tasting purposes
22 Financial Reporting Within 30 days of closing the Concession for the season but in no case
later than December 31 of each calendar year that this contract is in effect the Concessionaire
shall submit a certified statement of annual gross receipts attested to by a Notary Public or a
Commissioner of the Superior Court to Department of Energy and Environmental Protection
Bureau of Outdoor Recreation Division of State Parks and Public Outreach 79 Elm Street
Hartford CT 06106-5127
23 Revenue DEEP shall have no responsibility for revenue loss directly or indirectly attributable
to DEEP management actions including but not limited to changes in park or campground
schedules or operations or in services provided to the visiting public DEEP shall have no
responsibility for revenue loss directly or indirectly attributable to uncontrollable phenomena
including but not limited to attendance loss weather conditions or other Acts of God
24 Compliance The Concessionaire agrees to comply with the regulations of the Department of
Energy and Environmental Protection regarding State Park and Forest Recreation Areas and
with any other department policy concerning the operation of concessions
The parties have hereunto set their hands
SIGNED AND DELIVERED below
STATE OF CONNECTICUT
Department of Energy and Environmental
Protection
CONCESSIONAIRE
BY BY
Date Date
Contract ______________
Acct Fund SID DeptId Prog Project Bud
Ref Amount
Funds available Date
Attorney General (Approved as to Form) Date
Page 17 of 23
STATE OF CONNECTICUT
DEPARTMENT OF ENERGY AND ENVIRONMENTAL PROTECTION
BUREAU OF OUTDOOR RECREATION AND
CONNECTICUT STATE PARK AND FOREST RECREATION AREA
MOBILE FOOD AND BEVERAGE CONCESSION
THIS CONTRACT is made by and between the STATE OF CONNECTICUT acting herein by
the Commissioner of the Department of Energy and Environmental Protection hereinafter referred
to as Commissionerrdquo or DEEP or ldquoStaterdquo and [Insert Concessionaire] of the Town of
Waterbury and the state of Connecticut hereinafter referred to as the Concessionaire or
ldquoContractorrdquo
WITNESSETH
WHEREAS the Commissioner of Energy and Environmental Protection pursuant to Conn Gen
Stat 23-26 has the authority to enter into contractual relations with persons for the maintenance
of concessions and other sources of revenue to be derived from services to the general public using
state parks and
WHEREAS the Concessionaire desires to operate a Mobile Food and Beverage Concession
Service and render services to the public at
[Insert Name of Location]
NOW THEREFORE it is hereby agreed as follows
1 Mobile Food and Beverage Concession Service The Concessionaire agrees to operate a
Mobile Food and Beverage Concession Service at the above noted facility The Concessionaire
is responsible for all work included in this Contract Details regarding the Scope of Work are
included in Attachment A which is attached hereto and is hereby made a part of this contract
2 Duration The Commissioner hereby grants to the Concessionaire the exclusive right to
operate the above Mobile Food and Beverage Concession Service at the location identified for
the period commencing upon contract execution through [insert expiration date] At the
Commissionerrsquos sole discretion this contract may be renewed for up to [Insert number] years
without further competition
3 Payment In consideration of said rights and privileges the Concessionaire agrees to pay a
total of [insert amount] to the State of Connecticut due by [insert date] Payments shall be
made by check draft or money order payable to Treasurer State of Connecticut and
delivered or mailed to the Department of Energy and Environmental Protection Accounts
Receivable 79 Elm Street Hartford Connecticut 06106-5127
4 Nondisclosure Contactor shall not release any information concerning the services provided
pursuant to the Contract or any part thereof to any member of the public press business entity
or any official body unless prior written consent is obtained from the State
Page 18 of 23
STANDARD TERMS AND CONDITIONS (Rev 8302019)
1 Definitions
(a) State The State of Connecticut including the Department of Energy and Environmental Protection and
any office department board council commission institution or other agency of the State
(b) Commissioner The Commissioner of Energy and Environmental Protection or the Commissionerrsquos
designated agent
(c) Parties The Department of Energy and Environmental Protection (DEEP or Agency) and the Contractor
(d) Contractor Parties Contractor Parties shall be defined as a Contractorrsquos members directors officers
shareholders partners managers principal officers representatives agents servants consultants employees
or any one of them or any other person or entity with whom the Contractor is in privity of oral or written
contract and the Contractor intends for such other person or entity to Perform under the Contract in any
capacity To the extent that any Contractor Party is to participate or Perform in any way directly or indirectly
in connection with the Contract any reference in the Contract to the ldquoContractorrdquo shall also be deemed to
include ldquoContractor Partiesrdquo as if such reference had originally specifically included ldquoContractor Partiesrdquo
since it is the Partiesrsquo intent for the terms ldquoContractor Partiesrdquo to be vested with the same respective rights
and obligations as the terms ldquoContractorrdquo
(e) Contract This agreement as of its Effective Date between the Contractor and the State for any or all
goods or services as more particularly described in Appendix A
(f) Execution This contract shall be fully executed when it has been signed by authorized representatives
of the parties and if it is for an amount of Twenty-five thousand dollars ($2500000) or more by the
authorized representative of the state Attorney Generals office
(g) Exhibits All attachments appendices or exhibits referred to in and attached to this Contract are
incorporated in this Contract by such reference and shall be deemed to be a part of it as if they had been fully
set forth in it
(h) Records For the purposes of this Contract records are defined as all working papers and such other
information and materials as may have been accumulated by the Contractor in performing the Contract
including but not limited to documents data plans books computations drawings specifications notes
reports records estimates summaries and correspondence kept or stored in any form
(i) Confidential Information Confidential Information shall mean any name number or other information
that may be used alone or in conjunction with any other information to identify a specific individual
including but not limited to such individuals name date of birth mothers maiden name motor vehicle
operators license number Social Security number employee identification number employer or taxpayer
identification number alien registration number government passport number health insurance
identification number demand deposit account number savings account number credit card number debit
card number or unique biometric data such as fingerprint voice print retina or iris image or other unique
physical representation Without limiting the foregoing Confidential Information shall also include any
information that the Department classifies as ldquoconfidentialrdquo or ldquorestrictedrdquo Confidential Information shall
not include information that may be lawfully obtained from publicly available sources or from federal state
or local government records which are lawfully made available to the general public
(j) Confidential Information Breach Confidential Information Breach shall mean generally an instance
where an unauthorized person or entity accesses Confidential Information in any manner including but not
limited to the following occurrences (1) any Confidential Information that is not encrypted or protected is
misplaced lost stolen or in any way compromised (2) one or more third parties have had access to or taken
control or possession of any Confidential Information that is not encrypted or protected without prior written
authorization from the State (3) the unauthorized acquisition of encrypted or protected Confidential
Information together with the confidential process or key that is capable of compromising the integrity of the
Confidential Information or (4) if there is a substantial risk of identity theft or fraud to the client the
Contractor the Department or State
Page 19 of 23
(k) Claim Claim shall mean all actions suits claims demands investigations and proceedings of any kind
open pending or threatened whether mature unmatured contingent known or unknown at law or in equity
in any forum
2 Forum and Choice of Law The parties deem the Contract to have been made in the City of Hartford State of
Connecticut Both parties agree that it is fair and reasonable for the validity and construction of the Contract
to be and it shall be governed by the laws and court decisions of the State of Connecticut without giving effect
to its principles of conflicts of laws To the extent that any immunities provided by Federal law or the laws of
the State of Connecticut do not bar an action against the State and to the extent that these courts are courts of
competent jurisdiction for the purpose of venue the complaint shall be made returnable to the Judicial District
of Hartford only or shall be brought in the United States District Court for the District of Connecticut only and
shall not be transferred to any other court provided however that nothing here constitutes a waiver or
compromise of the sovereign immunity of the State of Connecticut The Contractor waives any objection which
it may now have or will have to the laying of venue of any Claims in any forum and further irrevocably submits
to such jurisdiction in any suit action or proceeding
3 Termination
(a) Notwithstanding any provisions in this Contract the Agency through a duly authorized employee may
Terminate the Contract whenever the Agency makes a written determination that such Termination is in
the best interests of the State The Agency shall notify the Contractor in writing of Termination pursuant
to this section which notice shall specify the effective date of Termination and the extent to which the
Contractor must complete its Performance under the Contract prior to such date
(b) Notwithstanding any provisions in this Contract the Agency through a duly authorized employee may
after making a written determination that the Contractor has breached the Contract Terminate the
Contract in accordance with the provisions in the Breach section of this Contract
(c) The Agency shall send the notice of Termination via certified mail return receipt requested to the
Contractor at the most current address which the Contractor has furnished to the Agency for purposes of
correspondence or by hand delivery Upon receiving the notice from the Agency the Contractor shall
immediately discontinue all services affected in accordance with the notice undertake all commercially
reasonable efforts to mitigate any losses or damages and deliver to the Agency all Records The Records
are deemed to be the property of the Agency and the Contractor shall deliver them to the Agency no later
than thirty (30) days after the Termination of the Contract or fifteen (15) days after the Contractor
receives a written request from the Agency for the Records The Contractor shall deliver those Records
that exist in electronic magnetic or other intangible form in a non-proprietary format such as but not
limited to ASCII or TXT
(d) Upon receipt of a written notice of Termination from the Agency the Contractor shall cease operations
as the Agency directs in the notice and take all actions that are necessary or appropriate or that the
Agency may reasonably direct for the protection and preservation of the Goods and any other property
Except for any work which the Agency directs the Contractor to Perform in the notice prior to the
effective date of Termination and except as otherwise provided in the notice the Contractor shall
terminate or conclude all existing subcontracts and purchase orders and shall not enter into any further
subcontracts purchase orders or commitments
(e) The Agency shall within forty-five (45) days of the effective date of Termination reimburse the
Contractor for its Performance rendered and accepted by the Agency in addition to all actual and
reasonable costs incurred after Termination in completing those portions of the Performance which the
notice required the Contractor to complete However the Contractor is not entitled to receive and the
Agency is not obligated to tender to the Contractor any payments for anticipated or lost profits Upon
request by the Agency the Contractor shall assign to the Agency or any replacement contractor which
the Agency designates all subcontracts purchase orders and other commitments deliver to the Agency
all Records and other information pertaining to its Performance and remove from State premises
whether leased or owned all of Contractorrsquos property equipment waste material and rubbish related to
its Performance all as the Agency may request
(f) For breach or violation of any of the provisions in the section concerning Representations and
Warranties the Agency may Terminate the Contract in accordance with its terms and revoke any
consents to assignments given as if the assignments had never been requested or consented to without
liability to the Contractor or Contractor Parties or any third party
(g) Upon Termination of the Contract all rights and obligations shall be null and void so that no party shall
Page 20 of 23
have any further rights or obligations to any other party except with respect to the sections which survive
Termination All representations warranties agreements and rights of the parties under the Contract
shall survive such Termination to the extent not otherwise limited in the Contract and without each one
of them having to be specifically mentioned in the Contract
(h) Termination of the Contract pursuant to this section shall not be deemed to be a breach of contract by
the Agency
4 Indemnification
(a) The Contractor shall indemnify defend and hold harmless the State and its officers representatives
agents servants employees successors and assigns from and against any and all (1) Claims arising
directly or indirectly in connection with the Contract including the acts of commission or omission
(collectively the Acts) of the Contractor or Contractor Parties and (2) liabilities damages losses
costs and expenses including but not limited to attorneys and other professionals fees arising directly
or indirectly in connection with Claims Acts or the Contract The Contractor shall use counsel
reasonably acceptable to the State in carrying out its obligations under this section The Contractorrsquos
obligations under this section to indemnify defend and hold harmless against Claims includes Claims
concerning confidentiality of any part of or all of the Contractorrsquos bid proposal or any Records any
intellectual property rights other proprietary rights of any person or entity copyrighted or uncopyrighted
compositions secret processes patented or unpatented inventions articles or appliances furnished or
used in the Performance
(b) The Contractor shall not be responsible for indemnifying or holding the State harmless from any liability
arising due to the negligence of the State or any other person or entity acting under the direct control or
supervision of the State
(c) The Contractor shall reimburse the State for any and all damages to the real or personal property of the
State caused by the Acts of the Contractor or any Contractor Parties The State shall give the Contractor
reasonable notice of any such Claims
(d) The Contractorrsquos duties under this section shall remain fully in effect and binding in accordance with the
terms and conditions of the Contract without being lessened or compromised in any way even where
the Contractor is alleged or is found to have merely contributed in part to the Acts giving rise to the
Claims andor where the State is alleged or is found to have contributed to the Acts giving rise to the
Claims
(e) The Contractor shall carry and maintain at all times during the term of the Contract and during the time
that any provisions survive the term of the Contract sufficient general liability insurance to satisfy its
obligations under this Contract The Contractor shall cause the State to be named as an additional insured
on the policy and shall provide (1) a certificate of insurance (2) the declaration page and (3) the
additional insured endorsement to the policy to the State and the Client Agency all in an electronic format
acceptable to the State prior to the Effective Date of the Contract evidencing that the State is an additional
insured The Contractor shall not begin Performance until the delivery of these three documents to the
Client Agency Contractor shall provide an annual electronic update of the three documents to the Client
Agency and the State on or before each anniversary of the Effective Date during the Contract term State
shall be entitled to recover under the insurance policy even if a body of competent jurisdiction determines
that State is contributorily negligent
(f) This section shall survive the Termination of the Contract and shall not be limited by reason of any
insurance coverage
5 Sovereign Immunity The parties acknowledge and agree that nothing in the Solicitation or the Contract shall
be construed as a modification compromise or waiver by the State of any rights or defenses of any immunities
provided by Federal law or the laws of the State of Connecticut to the State or any of its officers and employees
which they may have had now have or will have with respect to all matters arising out of the Contract To the
extent that this section conflicts with any other section this section shall govern
6 Protection of Confidential Information Contractor and Contractor Parties at their own expense have a duty to
and shall protect from a Confidential Information Breach any and all Confidential Information which they come
to possess or control wherever and however stored or maintained in a commercially reasonable manner in
accordance with current industry standards
(b) Each Contractor or Contractor Party shall develop implement and maintain a comprehensive data -
security program for the protection of Confidential Information The safeguards contained in such
Page 21 of 23
program shall be consistent with and comply with the safeguards for protection of Confidential
Information and information of a similar character as set forth in all applicable federal and state law
and written policy of the Agency or State concerning the confidentiality of Confidential Information
Such data-security program shall include but not be limited to the following
(1) A security policy for employees related to the storage access and transportation of data containing
Confidential Information
(2) Reasonable restrictions on access to records containing Confidential Information including access
to any locked storage where such records are kept
(3) A process for reviewing policies and security measures at least annually
(4) Creating secure access controls to Confidential Information including but not limited to passwords
and
(5) Encrypting of Confidential Information that is stored on laptops portable devices or being
transmitted electronically
(c) The Contractor and Contractor Parties shall notify the Agency and the Connecticut Office of the Attorney
General as soon as practical but no later than twenty-four (24) hours after they become aware of or
suspect that any Confidential Information which Contractor or Contractor Parties have come to possess
or control has been subject to a Confidential Information Breach If a Confidential Information Breach
has occurred the Contractor shall within three (3) business days after the notification present a credit
monitoring and protection plan to the Commissioner of Administrative Services the Agency and the
Connecticut Office of the Attorney General for review and approval Such credit monitoring or
protection plan shall be made available by the Contractor at its own cost and expense to all individuals
affected by the Confidential Information Breach Such credit monitoring or protection plan shall include
but is not limited to reimbursement for the cost of placing and lifting one (1) security freeze per credit
file pursuant to Connecticut General Statutes sect 36a-701a Such credit monitoring or protection plans
shall be approved by the State in accordance with this Section and shall cover a length of time
commensurate with the circumstances of the Confidential Information Breach The Contractorsrsquo costs
and expenses for the credit monitoring and protection plan shall not be recoverable from the Agency
any State of Connecticut entity or any affected individuals
(d) The Contractor shall incorporate the requirements of this Section in all subcontracts requiring each
Contractor Party to safeguard Confidential Information in the same manner as provided for in this
Section
(e) Nothing in this Section shall supersede in any manner Contractorrsquos or Contractor Partyrsquos obligations
pursuant to HIPAA or the provisions of this Contract concerning the obligations of the Contractor as a
Business Associate of Covered Entity
7 Executive Orders This Contract is subject to the provisions of Executive Order No Three of Governor Thomas
J Meskill promulgated June 16 1971 concerning labor employment practices Executive Order No Seventeen
of Governor Thomas J Meskill promulgated February 15 1973 concerning the listing of employment
openings and Executive Order No Sixteen of Governor John G Rowland promulgated August 4 1999
concerning violence in the workplace all of which are incorporated into and are made a part of the Contract as
if they had been fully set forth in it The Contract may also be subject to Executive Order No 14 of Governor
M Jodi Rell promulgated April 17 2006 concerning procurement of cleaning products and services and to
Executive Order No 49 of Governor Dannel P Malloy promulgated May 22 2015 mandating disclosure of
certain gifts to public employees and contributions to certain candidates for office If Executive Order 14 andor
Executive Order 49 are applicable they are deemed to be incorporated into and are made a part of the Contract
as if they had been fully set forth in it At the Contractorrsquos request the Client Agency or DAS shall provide a
copy of these orders to the Contractor
8 State Liability The State of Connecticut shall assume no liability for payment for services under the terms of
this agreement until the contractor is notified that this agreement has been accepted by the contracting agency
and if applicable approved by the Office of Policy and Management (OPM) or the Department of
Administrative Services (DAS) and by the Attorney General of the State of Connecticut
9 Distribution of Materials The Contractor shall obtain written approval from the Commissioner prior to the
distribution or publication of any materials prepared under the terms of this Contract Such approval shall not
be unreasonably withheld
10 Change in Principal Project Staff Any changes in the principal project staff must be requested in writing and
approved in writing by the Commissioner at the Commissionerrsquos sole discretion In the event of any
Page 22 of 23
unapproved change in principal project staff the Commissioner may in the Commissionerrsquos sole discretion
terminate this Contract
11 Further Assurances The Parties shall provide such information execute and deliver any instruments and
documents and take such other actions as may be necessary or reasonably requested by the other Party which
are not inconsistent with the provisions of this Contract and which do not involve the vesting of rights or
assumption of obligations other than those provided for in the Contract in order to give full effect to the
Contract and to carry out the intent of the Contract
12 Third Party Participation The Contractor may make sub-awards using either its own competitive selection
process or the values established in the statersquos competitive selection process as outlined in DAS General Letter
71 whichever is more restrictive to conduct any of the tasks in the Scope of Work contained in Appendix A
The Contractor shall advise the Commissioner of the proposed sub-awardee and the amount allocated at least
two (2) weeks prior to the making of such awards The Commissioner reserves the right to disapprove such
awards if they appear to be inconsistent with the program activities to be conducted under this grant As
required by Sec 46a-68j-23 of the Connecticut Regulations of State Agencies the Contractor must make a good
faith effort based upon the availability of minority business enterprises in the labor market area to award a
reasonable proportion of all subcontracts to such enterprises When minority business enterprises are selected
the Contractor shall provide DEEP with a copy of the Affidavit for Certification of Subcontractors as Minority
Business Enterprises (MBE) along with a copy of the purchase order or contract engaging the Subcontractor
The Contractor shall be the sole point of contact concerning the management of the Contract including
performance and payment issues The Contractor is solely and completely responsible for adherence by any
subcontractor to all the applicable provisions of the Contract
13 Americans with Disabilities Act The Contractor shall be and remain in compliance with the Americans with
Disabilities Act of 1990 (ldquoActrdquo) to the extent applicable during the term of the Contract The DEEP may
cancel the Contract if the Contractor fails to comply with the Act
14 Affirmative Action and Sexual Harassment Policies The Contractor agrees to comply with the Departments
Affirmative Action and Sexual Harassment Policies available on DEEPrsquos web site Hard copies of the policy
statements are available upon request at DEEP
15 Breach If either Party breaches the Contract in any respect the non-breaching Party shall provide written
notice of the breach to the breaching Party and afford the breaching Party an opportunity to cure within ten (10)
days from the date that the breaching Party receives the notice In the case of a Contractor breach any other
time period which the Agency sets forth in the notice shall trump the ten (10) days The right to cure period
shall be extended if the non-breaching Party is satisfied that the breaching Party is making a good faith effort
to cure but the nature of the breach is such that it cannot be cured within the right to cure period The notice
may include an effective Contract Termination date if the breach is not cured by the stated date and unless
otherwise modified by the non-breaching Party in writing prior to the Termination date no further action shall
be required of any Party to effect the Termination as of the stated date If the notice does not set forth an
effective Contract Termination date then the non-breaching Party may Terminate the Contract by giving the
breaching Party no less than twenty four (24) hours prior written notice If the Agency believes that the
Contractor has not performed according to the Contract the Agency may withhold payment in whole or in part
pending resolution of the Performance issue provided that the Agency notifies the Contractor in writing prior
to the date that the payment would have been due
16 Severability If any term or provision of the Contract or its application to any person entity or circumstance
shall to any extent be held to be invalid or unenforceable the remainder of the Contract or the application of
such term or provision shall not be affected as to persons entities or circumstances other than those as to whom
or to which it is held to be invalid or unenforceable Each remaining term and provision of the Contract shall
be valid and enforced to the fullest extent possible by law
17 The Town Guarantee The Town shall furnish adequate protection from damage for all work and to repair any
damage of any kind for which he or his workmen are responsible to premises or any equipment to his own
work or to the work of the Agency pay for all permits licenses and fees and to give all notices and comply
with all laws ordinances rules and regulations of the city state and federal government
18 Force Majeure The Parties shall not be excused from their obligation to perform in accordance with the
Contract except in the case of Force Majeure events and as otherwise provided for in the Contract A Force
Majeure event materially affects the cost of the Goods or Services or the time schedule for performance and is
outside the control nor caused by the Parties In the case of any such exception the nonperforming Party shall
give immediate written notice to the other explaining the cause and probable duration of any such
Page 23 of 23
nonperformance
19 Entirety of Contract The Contract is the entire agreement between the Parties with respect to its subject matter
and supersedes all prior agreements proposals offers counteroffers and understandings of the Parties whether
written or oral The Contract has been entered into after full investigation neither Party relying upon any
statement or representation by the other unless such statement or representation is specifically embodied in the
Contract
20 Interpretation The Contract contains numerous references to statutes and regulations For purposes of
interpretation conflict resolution and otherwise the content of those statutes and regulations shall govern over
the content of the reference in the Contract to those statutes and regulations
A-1
Attachment A
Scope of Work
Mobile Food and Beverage Concession Services
1 Insurance The Concessionaire shall furnish evidence of insurance A Certificate of Insurance
covering each annual period of this contract shall reflect the following limits and shall be submitted
by the Concessionaire to the Department of Energy and Environmental Protection by April 1 of each
year this contract is in effect
a Commercial General Liability insurance providing a total limit of $1000000 for all damages
arising from bodily injury to or death of all persons in any accident or occurrence and for all
damages arising from the destruction of or damage to property in any one accident or occurrence
In cases where any insurance policy shows an aggregate limit the aggregate shall apply solely to
the concession operation or the aggregate limit shall be not less than $2000000
b The operation of all motor vehicles including those hired or borrowed used in connection with
this contract shall be covered by Automobile Liability insurance providing for a total limit of
$1000000 for all damages arising from bodily injuries to or death of all persons in any one
accident or occurrence and for all damages arising from the destruction of or damage to property
in any one accident or occurrence In cases where any insurance policy shows an aggregate limit
the aggregate shall apply solely to the concession operation or the aggregate limit shall be not less
than $2000000
c The Concessionaire shall carry Workerrsquos Compensation insurance in accordance with the
requirements of the laws of the State of Connecticut
d Said coveragersquos are to be provided by insurance companies licensed by the State of Connecticut
e Any deductibles or self-insured retentions must be declared and approved by the State
f The State of Connecticut shall be listed as an Additional Insured on all required coverage
2 Commodities and Price List
a The Concessionaire shall be allowed to sell food and beverages as approved in advance by the
Commissioner
b The Concessionaire shall be allowed to sell souvenirs and other outdoor recreation related
merchandise hereinafter referred to collectively as merchandise as approved in advance by the
Commissioner
c By April 1 of each year that this contract is in effect the Concessionaire shall submit for approval
a price list of all foods beverages and merchandise for sale hereinafter referred to collectively as
commodities to the Department of Energy and Environmental Protection Bureau of Outdoor
Recreation Division of State Parks and Public Outreach 79 Elm Street Hartford CT 06106-5127
d Any price increases or additions of commodities are subject to the prior written approval of the
Commissioner
e The Concessionaire shall post a price list of all commodities for sale in full public view while in
operation
f Whenever the park name is used on merchandise the complete park name shall be used
g The Concessionaire warrants that all commodities offered for sale shall not exceed in price nor be
substandard in quality or quantity to like commodities sold in the surrounding community
A-2
3 Sunscreen All concession operations in a park having a designated swimming area shall have
sunscreen with a Sun Protection Factor (SPF) of at least 15 for adults and 45 for children available for
sale to the general public
4 Use of Biodegradable Products To the extent practicable the Concessionaire agrees to use
recyclable and biodegradable products and packaging in all of its operations ie paper products or
products containing recycled contents The Concessionaire agrees to not dispense food or beverages
in close-celled foam-based containers
5 Prohibitions The Concessionaire shall not
a dispense food or beverages in glass containers
b dispense alcoholic beverages
c sell snorkels beach balls rafts or other inflatable or buoyant devices except US Coast Guard
approved personal flotation devices (PFDs)
d permit gratuities to employees of the State of Connecticut
e provide video or pinball games
6 Hours of Operation
a The Concessionaire may operate the Concession daily between 800 am and sunset on any day
that this contract is in effect
b From the Saturday before Memorial Day through July 4th the Concessionaire shall open the
concession on Saturdays Sundays and holidays not later than 1100 am except during inclement
weather and the concession shall remain open at least until three hours before but not later than
sunset
c From July 4th through Labor Day the Concessionaire shall open the concession daily not later than
1100 am except during inclement weather and the concession shall remain open at least until
three hours before but not later than sunset
d Deviations from the above stated schedules are allowable but must receive advanced approval in
writing from the Park and Recreation Supervisor
e When closing due to inclement weather the Concessionaire shall immediately notify the Park and
Recreation Supervisor The Concessionaire shall keep in the concession vehicle at all times a log
of all closures due to inclement weather and it shall be immediately available to the Park and
Recreation Supervisor upon request for inspection
f Within 30 days of closing the concession for the season but in no case later than December 31 of
each calendar year that this contract is in effect the Concessionaire shall submit an Annual
Inclement Weather Closure Report to the Park and Recreation Supervisor
7 Health Department Inspections The Concessionaire is responsible for scheduling inspections by
the appropriate local health department prior to April 15th of each year this contract is in effect The
Concessionaire is responsible for and shall directly pay for any fees charged for such inspections
8 Health Department Permit The Concessionaire will annually obtain a ldquopermit to sellrdquo from the local
health department and submit a copy of said permit to the DEEP Division of State Parks amp Public
Outreach not later than April 30th of each year this contract is in effect Other Permits The
Concessionaire shall be solely responsible for securing any other licenses permits approvals or
waivers required by any other federal state regional or municipal authority having jurisdiction in the
town(s) in which the Concession is located
9 State Property The Concessionaire shall install no fixed equipment nor make any physical changes
to state property without the prior written approval of DEEP Any improvements or permanent fixtures
approved by the DEEP and provided by the Concessionaire during the term of this contract shall
immediately become the property of the State of Connecticut
A-3
10 Public Health Code The Concessionaire agrees to conform to the Public Health Code of the State of
Connecticut concerning the storage handling and vending of food
11 Refuse Disposal The Concessionaire at its sole expense shall be responsible for the proper disposal
and removal of all recyclables and trash generated by operation of the concession For additional
information see the DEEP website for Managing Waste and Recycling at Special Events and Other
Venues the direct URL address for which is
httpwwwctgovdepcwpviewaspa=2714ampq=434054ampdepNav_GID=1645
12 General Maintenance The Concessionaire shall be responsible for maintaining the Concession area
in a clean sanitary and orderly manner
13 Exclusivity With the exception of vending machines and commodities having prior written approval
for DEEP sanctioned events including but not limited to events authorized by a Special Use License
the Concessionaire shall have the exclusive right to sell commodities within the property named
herein
14 Vending Machines The State of Connecticut Board of Education and Services for the Blind (BESB)
shall have exclusive rights to vending machines on the premises of the concessions and other
authorized areas within the park or forest for the purpose of vending foods and beverages and to collect
receipts there from provided that the number and locations of such vending machines shall receive
prior written approval from a representative of the DEEP
15 Rights of Park Visitors The Concessionaire agrees that nothing contained in the terms of this
contract shall prevent visitors from bringing food to the park and preparing such food for personal
consumption including dispensing such food at no charge to other park visitors Park visitors may
also utilize private catering services with advanced written approval of the Park and Recreation
Supervisor Said catering services may only be permitted with the condition that no financial
transactions occur on DEEP property
16 Concession Staffing The concession shall be staffed only by the Concessionaire or its employee(s)
or other agents identified herein unless otherwise authorized by the Commissioner in writing
17 Code of Conduct Due to the public service nature of the Concession the Concessionaire and all
employees of the Concessionaire shall conduct themselves in a courteous respectful and professional
manner with all members of the public
18 Appearance The Concessionaire and its employees shall be clean and neat in appearance Wearing
an item of uniform eg a shirt hat or badge identifying the name of the Concessionaire employee or
business is encouraged
19 Audible Devices The Concessionaire shall activate audible devices (loudspeakers music bells etc)
only in accordance with instructions provided by the Park and Recreation Supervisor Instructions are
subject to change immediately at the discretion of the Park and Recreation Supervisor
20 Concession Location Unless authorized by the Park and Recreation Supervisor to do otherwise the
Concessionaire agrees to
a identify all park-and-sit locations or drive-through routes on a park map
b confine all concession operations to the designated Concession areas
c confine all sales and advertising to the concession vehicle
d provide garbage and recycling receptacles for customer use
21 Food Inspection An authorized representative of the Commissioner may conduct an unannounced
in-season food inspection once per calendar year Upon request the Concessionaire shall provide a
A-4
range of food and beverage items proportionate to one meal to the Commissionerrsquos
representative for food-tasting purposes
22 Financial Reporting Within 30 days of closing the Concession for the season but in no case
later than December 31 of each calendar year that this contract is in effect the Concessionaire
shall submit a certified statement of annual gross receipts attested to by a Notary Public or a
Commissioner of the Superior Court to Department of Energy and Environmental Protection
Bureau of Outdoor Recreation Division of State Parks and Public Outreach 79 Elm Street
Hartford CT 06106-5127
23 Revenue DEEP shall have no responsibility for revenue loss directly or indirectly attributable
to DEEP management actions including but not limited to changes in park or campground
schedules or operations or in services provided to the visiting public DEEP shall have no
responsibility for revenue loss directly or indirectly attributable to uncontrollable phenomena
including but not limited to attendance loss weather conditions or other Acts of God
24 Compliance The Concessionaire agrees to comply with the regulations of the Department of
Energy and Environmental Protection regarding State Park and Forest Recreation Areas and
with any other department policy concerning the operation of concessions
The parties have hereunto set their hands
SIGNED AND DELIVERED below
STATE OF CONNECTICUT
Department of Energy and Environmental
Protection
CONCESSIONAIRE
BY BY
Date Date
Contract ______________
Acct Fund SID DeptId Prog Project Bud
Ref Amount
Funds available Date
Attorney General (Approved as to Form) Date
Page 18 of 23
STANDARD TERMS AND CONDITIONS (Rev 8302019)
1 Definitions
(a) State The State of Connecticut including the Department of Energy and Environmental Protection and
any office department board council commission institution or other agency of the State
(b) Commissioner The Commissioner of Energy and Environmental Protection or the Commissionerrsquos
designated agent
(c) Parties The Department of Energy and Environmental Protection (DEEP or Agency) and the Contractor
(d) Contractor Parties Contractor Parties shall be defined as a Contractorrsquos members directors officers
shareholders partners managers principal officers representatives agents servants consultants employees
or any one of them or any other person or entity with whom the Contractor is in privity of oral or written
contract and the Contractor intends for such other person or entity to Perform under the Contract in any
capacity To the extent that any Contractor Party is to participate or Perform in any way directly or indirectly
in connection with the Contract any reference in the Contract to the ldquoContractorrdquo shall also be deemed to
include ldquoContractor Partiesrdquo as if such reference had originally specifically included ldquoContractor Partiesrdquo
since it is the Partiesrsquo intent for the terms ldquoContractor Partiesrdquo to be vested with the same respective rights
and obligations as the terms ldquoContractorrdquo
(e) Contract This agreement as of its Effective Date between the Contractor and the State for any or all
goods or services as more particularly described in Appendix A
(f) Execution This contract shall be fully executed when it has been signed by authorized representatives
of the parties and if it is for an amount of Twenty-five thousand dollars ($2500000) or more by the
authorized representative of the state Attorney Generals office
(g) Exhibits All attachments appendices or exhibits referred to in and attached to this Contract are
incorporated in this Contract by such reference and shall be deemed to be a part of it as if they had been fully
set forth in it
(h) Records For the purposes of this Contract records are defined as all working papers and such other
information and materials as may have been accumulated by the Contractor in performing the Contract
including but not limited to documents data plans books computations drawings specifications notes
reports records estimates summaries and correspondence kept or stored in any form
(i) Confidential Information Confidential Information shall mean any name number or other information
that may be used alone or in conjunction with any other information to identify a specific individual
including but not limited to such individuals name date of birth mothers maiden name motor vehicle
operators license number Social Security number employee identification number employer or taxpayer
identification number alien registration number government passport number health insurance
identification number demand deposit account number savings account number credit card number debit
card number or unique biometric data such as fingerprint voice print retina or iris image or other unique
physical representation Without limiting the foregoing Confidential Information shall also include any
information that the Department classifies as ldquoconfidentialrdquo or ldquorestrictedrdquo Confidential Information shall
not include information that may be lawfully obtained from publicly available sources or from federal state
or local government records which are lawfully made available to the general public
(j) Confidential Information Breach Confidential Information Breach shall mean generally an instance
where an unauthorized person or entity accesses Confidential Information in any manner including but not
limited to the following occurrences (1) any Confidential Information that is not encrypted or protected is
misplaced lost stolen or in any way compromised (2) one or more third parties have had access to or taken
control or possession of any Confidential Information that is not encrypted or protected without prior written
authorization from the State (3) the unauthorized acquisition of encrypted or protected Confidential
Information together with the confidential process or key that is capable of compromising the integrity of the
Confidential Information or (4) if there is a substantial risk of identity theft or fraud to the client the
Contractor the Department or State
Page 19 of 23
(k) Claim Claim shall mean all actions suits claims demands investigations and proceedings of any kind
open pending or threatened whether mature unmatured contingent known or unknown at law or in equity
in any forum
2 Forum and Choice of Law The parties deem the Contract to have been made in the City of Hartford State of
Connecticut Both parties agree that it is fair and reasonable for the validity and construction of the Contract
to be and it shall be governed by the laws and court decisions of the State of Connecticut without giving effect
to its principles of conflicts of laws To the extent that any immunities provided by Federal law or the laws of
the State of Connecticut do not bar an action against the State and to the extent that these courts are courts of
competent jurisdiction for the purpose of venue the complaint shall be made returnable to the Judicial District
of Hartford only or shall be brought in the United States District Court for the District of Connecticut only and
shall not be transferred to any other court provided however that nothing here constitutes a waiver or
compromise of the sovereign immunity of the State of Connecticut The Contractor waives any objection which
it may now have or will have to the laying of venue of any Claims in any forum and further irrevocably submits
to such jurisdiction in any suit action or proceeding
3 Termination
(a) Notwithstanding any provisions in this Contract the Agency through a duly authorized employee may
Terminate the Contract whenever the Agency makes a written determination that such Termination is in
the best interests of the State The Agency shall notify the Contractor in writing of Termination pursuant
to this section which notice shall specify the effective date of Termination and the extent to which the
Contractor must complete its Performance under the Contract prior to such date
(b) Notwithstanding any provisions in this Contract the Agency through a duly authorized employee may
after making a written determination that the Contractor has breached the Contract Terminate the
Contract in accordance with the provisions in the Breach section of this Contract
(c) The Agency shall send the notice of Termination via certified mail return receipt requested to the
Contractor at the most current address which the Contractor has furnished to the Agency for purposes of
correspondence or by hand delivery Upon receiving the notice from the Agency the Contractor shall
immediately discontinue all services affected in accordance with the notice undertake all commercially
reasonable efforts to mitigate any losses or damages and deliver to the Agency all Records The Records
are deemed to be the property of the Agency and the Contractor shall deliver them to the Agency no later
than thirty (30) days after the Termination of the Contract or fifteen (15) days after the Contractor
receives a written request from the Agency for the Records The Contractor shall deliver those Records
that exist in electronic magnetic or other intangible form in a non-proprietary format such as but not
limited to ASCII or TXT
(d) Upon receipt of a written notice of Termination from the Agency the Contractor shall cease operations
as the Agency directs in the notice and take all actions that are necessary or appropriate or that the
Agency may reasonably direct for the protection and preservation of the Goods and any other property
Except for any work which the Agency directs the Contractor to Perform in the notice prior to the
effective date of Termination and except as otherwise provided in the notice the Contractor shall
terminate or conclude all existing subcontracts and purchase orders and shall not enter into any further
subcontracts purchase orders or commitments
(e) The Agency shall within forty-five (45) days of the effective date of Termination reimburse the
Contractor for its Performance rendered and accepted by the Agency in addition to all actual and
reasonable costs incurred after Termination in completing those portions of the Performance which the
notice required the Contractor to complete However the Contractor is not entitled to receive and the
Agency is not obligated to tender to the Contractor any payments for anticipated or lost profits Upon
request by the Agency the Contractor shall assign to the Agency or any replacement contractor which
the Agency designates all subcontracts purchase orders and other commitments deliver to the Agency
all Records and other information pertaining to its Performance and remove from State premises
whether leased or owned all of Contractorrsquos property equipment waste material and rubbish related to
its Performance all as the Agency may request
(f) For breach or violation of any of the provisions in the section concerning Representations and
Warranties the Agency may Terminate the Contract in accordance with its terms and revoke any
consents to assignments given as if the assignments had never been requested or consented to without
liability to the Contractor or Contractor Parties or any third party
(g) Upon Termination of the Contract all rights and obligations shall be null and void so that no party shall
Page 20 of 23
have any further rights or obligations to any other party except with respect to the sections which survive
Termination All representations warranties agreements and rights of the parties under the Contract
shall survive such Termination to the extent not otherwise limited in the Contract and without each one
of them having to be specifically mentioned in the Contract
(h) Termination of the Contract pursuant to this section shall not be deemed to be a breach of contract by
the Agency
4 Indemnification
(a) The Contractor shall indemnify defend and hold harmless the State and its officers representatives
agents servants employees successors and assigns from and against any and all (1) Claims arising
directly or indirectly in connection with the Contract including the acts of commission or omission
(collectively the Acts) of the Contractor or Contractor Parties and (2) liabilities damages losses
costs and expenses including but not limited to attorneys and other professionals fees arising directly
or indirectly in connection with Claims Acts or the Contract The Contractor shall use counsel
reasonably acceptable to the State in carrying out its obligations under this section The Contractorrsquos
obligations under this section to indemnify defend and hold harmless against Claims includes Claims
concerning confidentiality of any part of or all of the Contractorrsquos bid proposal or any Records any
intellectual property rights other proprietary rights of any person or entity copyrighted or uncopyrighted
compositions secret processes patented or unpatented inventions articles or appliances furnished or
used in the Performance
(b) The Contractor shall not be responsible for indemnifying or holding the State harmless from any liability
arising due to the negligence of the State or any other person or entity acting under the direct control or
supervision of the State
(c) The Contractor shall reimburse the State for any and all damages to the real or personal property of the
State caused by the Acts of the Contractor or any Contractor Parties The State shall give the Contractor
reasonable notice of any such Claims
(d) The Contractorrsquos duties under this section shall remain fully in effect and binding in accordance with the
terms and conditions of the Contract without being lessened or compromised in any way even where
the Contractor is alleged or is found to have merely contributed in part to the Acts giving rise to the
Claims andor where the State is alleged or is found to have contributed to the Acts giving rise to the
Claims
(e) The Contractor shall carry and maintain at all times during the term of the Contract and during the time
that any provisions survive the term of the Contract sufficient general liability insurance to satisfy its
obligations under this Contract The Contractor shall cause the State to be named as an additional insured
on the policy and shall provide (1) a certificate of insurance (2) the declaration page and (3) the
additional insured endorsement to the policy to the State and the Client Agency all in an electronic format
acceptable to the State prior to the Effective Date of the Contract evidencing that the State is an additional
insured The Contractor shall not begin Performance until the delivery of these three documents to the
Client Agency Contractor shall provide an annual electronic update of the three documents to the Client
Agency and the State on or before each anniversary of the Effective Date during the Contract term State
shall be entitled to recover under the insurance policy even if a body of competent jurisdiction determines
that State is contributorily negligent
(f) This section shall survive the Termination of the Contract and shall not be limited by reason of any
insurance coverage
5 Sovereign Immunity The parties acknowledge and agree that nothing in the Solicitation or the Contract shall
be construed as a modification compromise or waiver by the State of any rights or defenses of any immunities
provided by Federal law or the laws of the State of Connecticut to the State or any of its officers and employees
which they may have had now have or will have with respect to all matters arising out of the Contract To the
extent that this section conflicts with any other section this section shall govern
6 Protection of Confidential Information Contractor and Contractor Parties at their own expense have a duty to
and shall protect from a Confidential Information Breach any and all Confidential Information which they come
to possess or control wherever and however stored or maintained in a commercially reasonable manner in
accordance with current industry standards
(b) Each Contractor or Contractor Party shall develop implement and maintain a comprehensive data -
security program for the protection of Confidential Information The safeguards contained in such
Page 21 of 23
program shall be consistent with and comply with the safeguards for protection of Confidential
Information and information of a similar character as set forth in all applicable federal and state law
and written policy of the Agency or State concerning the confidentiality of Confidential Information
Such data-security program shall include but not be limited to the following
(1) A security policy for employees related to the storage access and transportation of data containing
Confidential Information
(2) Reasonable restrictions on access to records containing Confidential Information including access
to any locked storage where such records are kept
(3) A process for reviewing policies and security measures at least annually
(4) Creating secure access controls to Confidential Information including but not limited to passwords
and
(5) Encrypting of Confidential Information that is stored on laptops portable devices or being
transmitted electronically
(c) The Contractor and Contractor Parties shall notify the Agency and the Connecticut Office of the Attorney
General as soon as practical but no later than twenty-four (24) hours after they become aware of or
suspect that any Confidential Information which Contractor or Contractor Parties have come to possess
or control has been subject to a Confidential Information Breach If a Confidential Information Breach
has occurred the Contractor shall within three (3) business days after the notification present a credit
monitoring and protection plan to the Commissioner of Administrative Services the Agency and the
Connecticut Office of the Attorney General for review and approval Such credit monitoring or
protection plan shall be made available by the Contractor at its own cost and expense to all individuals
affected by the Confidential Information Breach Such credit monitoring or protection plan shall include
but is not limited to reimbursement for the cost of placing and lifting one (1) security freeze per credit
file pursuant to Connecticut General Statutes sect 36a-701a Such credit monitoring or protection plans
shall be approved by the State in accordance with this Section and shall cover a length of time
commensurate with the circumstances of the Confidential Information Breach The Contractorsrsquo costs
and expenses for the credit monitoring and protection plan shall not be recoverable from the Agency
any State of Connecticut entity or any affected individuals
(d) The Contractor shall incorporate the requirements of this Section in all subcontracts requiring each
Contractor Party to safeguard Confidential Information in the same manner as provided for in this
Section
(e) Nothing in this Section shall supersede in any manner Contractorrsquos or Contractor Partyrsquos obligations
pursuant to HIPAA or the provisions of this Contract concerning the obligations of the Contractor as a
Business Associate of Covered Entity
7 Executive Orders This Contract is subject to the provisions of Executive Order No Three of Governor Thomas
J Meskill promulgated June 16 1971 concerning labor employment practices Executive Order No Seventeen
of Governor Thomas J Meskill promulgated February 15 1973 concerning the listing of employment
openings and Executive Order No Sixteen of Governor John G Rowland promulgated August 4 1999
concerning violence in the workplace all of which are incorporated into and are made a part of the Contract as
if they had been fully set forth in it The Contract may also be subject to Executive Order No 14 of Governor
M Jodi Rell promulgated April 17 2006 concerning procurement of cleaning products and services and to
Executive Order No 49 of Governor Dannel P Malloy promulgated May 22 2015 mandating disclosure of
certain gifts to public employees and contributions to certain candidates for office If Executive Order 14 andor
Executive Order 49 are applicable they are deemed to be incorporated into and are made a part of the Contract
as if they had been fully set forth in it At the Contractorrsquos request the Client Agency or DAS shall provide a
copy of these orders to the Contractor
8 State Liability The State of Connecticut shall assume no liability for payment for services under the terms of
this agreement until the contractor is notified that this agreement has been accepted by the contracting agency
and if applicable approved by the Office of Policy and Management (OPM) or the Department of
Administrative Services (DAS) and by the Attorney General of the State of Connecticut
9 Distribution of Materials The Contractor shall obtain written approval from the Commissioner prior to the
distribution or publication of any materials prepared under the terms of this Contract Such approval shall not
be unreasonably withheld
10 Change in Principal Project Staff Any changes in the principal project staff must be requested in writing and
approved in writing by the Commissioner at the Commissionerrsquos sole discretion In the event of any
Page 22 of 23
unapproved change in principal project staff the Commissioner may in the Commissionerrsquos sole discretion
terminate this Contract
11 Further Assurances The Parties shall provide such information execute and deliver any instruments and
documents and take such other actions as may be necessary or reasonably requested by the other Party which
are not inconsistent with the provisions of this Contract and which do not involve the vesting of rights or
assumption of obligations other than those provided for in the Contract in order to give full effect to the
Contract and to carry out the intent of the Contract
12 Third Party Participation The Contractor may make sub-awards using either its own competitive selection
process or the values established in the statersquos competitive selection process as outlined in DAS General Letter
71 whichever is more restrictive to conduct any of the tasks in the Scope of Work contained in Appendix A
The Contractor shall advise the Commissioner of the proposed sub-awardee and the amount allocated at least
two (2) weeks prior to the making of such awards The Commissioner reserves the right to disapprove such
awards if they appear to be inconsistent with the program activities to be conducted under this grant As
required by Sec 46a-68j-23 of the Connecticut Regulations of State Agencies the Contractor must make a good
faith effort based upon the availability of minority business enterprises in the labor market area to award a
reasonable proportion of all subcontracts to such enterprises When minority business enterprises are selected
the Contractor shall provide DEEP with a copy of the Affidavit for Certification of Subcontractors as Minority
Business Enterprises (MBE) along with a copy of the purchase order or contract engaging the Subcontractor
The Contractor shall be the sole point of contact concerning the management of the Contract including
performance and payment issues The Contractor is solely and completely responsible for adherence by any
subcontractor to all the applicable provisions of the Contract
13 Americans with Disabilities Act The Contractor shall be and remain in compliance with the Americans with
Disabilities Act of 1990 (ldquoActrdquo) to the extent applicable during the term of the Contract The DEEP may
cancel the Contract if the Contractor fails to comply with the Act
14 Affirmative Action and Sexual Harassment Policies The Contractor agrees to comply with the Departments
Affirmative Action and Sexual Harassment Policies available on DEEPrsquos web site Hard copies of the policy
statements are available upon request at DEEP
15 Breach If either Party breaches the Contract in any respect the non-breaching Party shall provide written
notice of the breach to the breaching Party and afford the breaching Party an opportunity to cure within ten (10)
days from the date that the breaching Party receives the notice In the case of a Contractor breach any other
time period which the Agency sets forth in the notice shall trump the ten (10) days The right to cure period
shall be extended if the non-breaching Party is satisfied that the breaching Party is making a good faith effort
to cure but the nature of the breach is such that it cannot be cured within the right to cure period The notice
may include an effective Contract Termination date if the breach is not cured by the stated date and unless
otherwise modified by the non-breaching Party in writing prior to the Termination date no further action shall
be required of any Party to effect the Termination as of the stated date If the notice does not set forth an
effective Contract Termination date then the non-breaching Party may Terminate the Contract by giving the
breaching Party no less than twenty four (24) hours prior written notice If the Agency believes that the
Contractor has not performed according to the Contract the Agency may withhold payment in whole or in part
pending resolution of the Performance issue provided that the Agency notifies the Contractor in writing prior
to the date that the payment would have been due
16 Severability If any term or provision of the Contract or its application to any person entity or circumstance
shall to any extent be held to be invalid or unenforceable the remainder of the Contract or the application of
such term or provision shall not be affected as to persons entities or circumstances other than those as to whom
or to which it is held to be invalid or unenforceable Each remaining term and provision of the Contract shall
be valid and enforced to the fullest extent possible by law
17 The Town Guarantee The Town shall furnish adequate protection from damage for all work and to repair any
damage of any kind for which he or his workmen are responsible to premises or any equipment to his own
work or to the work of the Agency pay for all permits licenses and fees and to give all notices and comply
with all laws ordinances rules and regulations of the city state and federal government
18 Force Majeure The Parties shall not be excused from their obligation to perform in accordance with the
Contract except in the case of Force Majeure events and as otherwise provided for in the Contract A Force
Majeure event materially affects the cost of the Goods or Services or the time schedule for performance and is
outside the control nor caused by the Parties In the case of any such exception the nonperforming Party shall
give immediate written notice to the other explaining the cause and probable duration of any such
Page 23 of 23
nonperformance
19 Entirety of Contract The Contract is the entire agreement between the Parties with respect to its subject matter
and supersedes all prior agreements proposals offers counteroffers and understandings of the Parties whether
written or oral The Contract has been entered into after full investigation neither Party relying upon any
statement or representation by the other unless such statement or representation is specifically embodied in the
Contract
20 Interpretation The Contract contains numerous references to statutes and regulations For purposes of
interpretation conflict resolution and otherwise the content of those statutes and regulations shall govern over
the content of the reference in the Contract to those statutes and regulations
A-1
Attachment A
Scope of Work
Mobile Food and Beverage Concession Services
1 Insurance The Concessionaire shall furnish evidence of insurance A Certificate of Insurance
covering each annual period of this contract shall reflect the following limits and shall be submitted
by the Concessionaire to the Department of Energy and Environmental Protection by April 1 of each
year this contract is in effect
a Commercial General Liability insurance providing a total limit of $1000000 for all damages
arising from bodily injury to or death of all persons in any accident or occurrence and for all
damages arising from the destruction of or damage to property in any one accident or occurrence
In cases where any insurance policy shows an aggregate limit the aggregate shall apply solely to
the concession operation or the aggregate limit shall be not less than $2000000
b The operation of all motor vehicles including those hired or borrowed used in connection with
this contract shall be covered by Automobile Liability insurance providing for a total limit of
$1000000 for all damages arising from bodily injuries to or death of all persons in any one
accident or occurrence and for all damages arising from the destruction of or damage to property
in any one accident or occurrence In cases where any insurance policy shows an aggregate limit
the aggregate shall apply solely to the concession operation or the aggregate limit shall be not less
than $2000000
c The Concessionaire shall carry Workerrsquos Compensation insurance in accordance with the
requirements of the laws of the State of Connecticut
d Said coveragersquos are to be provided by insurance companies licensed by the State of Connecticut
e Any deductibles or self-insured retentions must be declared and approved by the State
f The State of Connecticut shall be listed as an Additional Insured on all required coverage
2 Commodities and Price List
a The Concessionaire shall be allowed to sell food and beverages as approved in advance by the
Commissioner
b The Concessionaire shall be allowed to sell souvenirs and other outdoor recreation related
merchandise hereinafter referred to collectively as merchandise as approved in advance by the
Commissioner
c By April 1 of each year that this contract is in effect the Concessionaire shall submit for approval
a price list of all foods beverages and merchandise for sale hereinafter referred to collectively as
commodities to the Department of Energy and Environmental Protection Bureau of Outdoor
Recreation Division of State Parks and Public Outreach 79 Elm Street Hartford CT 06106-5127
d Any price increases or additions of commodities are subject to the prior written approval of the
Commissioner
e The Concessionaire shall post a price list of all commodities for sale in full public view while in
operation
f Whenever the park name is used on merchandise the complete park name shall be used
g The Concessionaire warrants that all commodities offered for sale shall not exceed in price nor be
substandard in quality or quantity to like commodities sold in the surrounding community
A-2
3 Sunscreen All concession operations in a park having a designated swimming area shall have
sunscreen with a Sun Protection Factor (SPF) of at least 15 for adults and 45 for children available for
sale to the general public
4 Use of Biodegradable Products To the extent practicable the Concessionaire agrees to use
recyclable and biodegradable products and packaging in all of its operations ie paper products or
products containing recycled contents The Concessionaire agrees to not dispense food or beverages
in close-celled foam-based containers
5 Prohibitions The Concessionaire shall not
a dispense food or beverages in glass containers
b dispense alcoholic beverages
c sell snorkels beach balls rafts or other inflatable or buoyant devices except US Coast Guard
approved personal flotation devices (PFDs)
d permit gratuities to employees of the State of Connecticut
e provide video or pinball games
6 Hours of Operation
a The Concessionaire may operate the Concession daily between 800 am and sunset on any day
that this contract is in effect
b From the Saturday before Memorial Day through July 4th the Concessionaire shall open the
concession on Saturdays Sundays and holidays not later than 1100 am except during inclement
weather and the concession shall remain open at least until three hours before but not later than
sunset
c From July 4th through Labor Day the Concessionaire shall open the concession daily not later than
1100 am except during inclement weather and the concession shall remain open at least until
three hours before but not later than sunset
d Deviations from the above stated schedules are allowable but must receive advanced approval in
writing from the Park and Recreation Supervisor
e When closing due to inclement weather the Concessionaire shall immediately notify the Park and
Recreation Supervisor The Concessionaire shall keep in the concession vehicle at all times a log
of all closures due to inclement weather and it shall be immediately available to the Park and
Recreation Supervisor upon request for inspection
f Within 30 days of closing the concession for the season but in no case later than December 31 of
each calendar year that this contract is in effect the Concessionaire shall submit an Annual
Inclement Weather Closure Report to the Park and Recreation Supervisor
7 Health Department Inspections The Concessionaire is responsible for scheduling inspections by
the appropriate local health department prior to April 15th of each year this contract is in effect The
Concessionaire is responsible for and shall directly pay for any fees charged for such inspections
8 Health Department Permit The Concessionaire will annually obtain a ldquopermit to sellrdquo from the local
health department and submit a copy of said permit to the DEEP Division of State Parks amp Public
Outreach not later than April 30th of each year this contract is in effect Other Permits The
Concessionaire shall be solely responsible for securing any other licenses permits approvals or
waivers required by any other federal state regional or municipal authority having jurisdiction in the
town(s) in which the Concession is located
9 State Property The Concessionaire shall install no fixed equipment nor make any physical changes
to state property without the prior written approval of DEEP Any improvements or permanent fixtures
approved by the DEEP and provided by the Concessionaire during the term of this contract shall
immediately become the property of the State of Connecticut
A-3
10 Public Health Code The Concessionaire agrees to conform to the Public Health Code of the State of
Connecticut concerning the storage handling and vending of food
11 Refuse Disposal The Concessionaire at its sole expense shall be responsible for the proper disposal
and removal of all recyclables and trash generated by operation of the concession For additional
information see the DEEP website for Managing Waste and Recycling at Special Events and Other
Venues the direct URL address for which is
httpwwwctgovdepcwpviewaspa=2714ampq=434054ampdepNav_GID=1645
12 General Maintenance The Concessionaire shall be responsible for maintaining the Concession area
in a clean sanitary and orderly manner
13 Exclusivity With the exception of vending machines and commodities having prior written approval
for DEEP sanctioned events including but not limited to events authorized by a Special Use License
the Concessionaire shall have the exclusive right to sell commodities within the property named
herein
14 Vending Machines The State of Connecticut Board of Education and Services for the Blind (BESB)
shall have exclusive rights to vending machines on the premises of the concessions and other
authorized areas within the park or forest for the purpose of vending foods and beverages and to collect
receipts there from provided that the number and locations of such vending machines shall receive
prior written approval from a representative of the DEEP
15 Rights of Park Visitors The Concessionaire agrees that nothing contained in the terms of this
contract shall prevent visitors from bringing food to the park and preparing such food for personal
consumption including dispensing such food at no charge to other park visitors Park visitors may
also utilize private catering services with advanced written approval of the Park and Recreation
Supervisor Said catering services may only be permitted with the condition that no financial
transactions occur on DEEP property
16 Concession Staffing The concession shall be staffed only by the Concessionaire or its employee(s)
or other agents identified herein unless otherwise authorized by the Commissioner in writing
17 Code of Conduct Due to the public service nature of the Concession the Concessionaire and all
employees of the Concessionaire shall conduct themselves in a courteous respectful and professional
manner with all members of the public
18 Appearance The Concessionaire and its employees shall be clean and neat in appearance Wearing
an item of uniform eg a shirt hat or badge identifying the name of the Concessionaire employee or
business is encouraged
19 Audible Devices The Concessionaire shall activate audible devices (loudspeakers music bells etc)
only in accordance with instructions provided by the Park and Recreation Supervisor Instructions are
subject to change immediately at the discretion of the Park and Recreation Supervisor
20 Concession Location Unless authorized by the Park and Recreation Supervisor to do otherwise the
Concessionaire agrees to
a identify all park-and-sit locations or drive-through routes on a park map
b confine all concession operations to the designated Concession areas
c confine all sales and advertising to the concession vehicle
d provide garbage and recycling receptacles for customer use
21 Food Inspection An authorized representative of the Commissioner may conduct an unannounced
in-season food inspection once per calendar year Upon request the Concessionaire shall provide a
A-4
range of food and beverage items proportionate to one meal to the Commissionerrsquos
representative for food-tasting purposes
22 Financial Reporting Within 30 days of closing the Concession for the season but in no case
later than December 31 of each calendar year that this contract is in effect the Concessionaire
shall submit a certified statement of annual gross receipts attested to by a Notary Public or a
Commissioner of the Superior Court to Department of Energy and Environmental Protection
Bureau of Outdoor Recreation Division of State Parks and Public Outreach 79 Elm Street
Hartford CT 06106-5127
23 Revenue DEEP shall have no responsibility for revenue loss directly or indirectly attributable
to DEEP management actions including but not limited to changes in park or campground
schedules or operations or in services provided to the visiting public DEEP shall have no
responsibility for revenue loss directly or indirectly attributable to uncontrollable phenomena
including but not limited to attendance loss weather conditions or other Acts of God
24 Compliance The Concessionaire agrees to comply with the regulations of the Department of
Energy and Environmental Protection regarding State Park and Forest Recreation Areas and
with any other department policy concerning the operation of concessions
The parties have hereunto set their hands
SIGNED AND DELIVERED below
STATE OF CONNECTICUT
Department of Energy and Environmental
Protection
CONCESSIONAIRE
BY BY
Date Date
Contract ______________
Acct Fund SID DeptId Prog Project Bud
Ref Amount
Funds available Date
Attorney General (Approved as to Form) Date
Page 19 of 23
(k) Claim Claim shall mean all actions suits claims demands investigations and proceedings of any kind
open pending or threatened whether mature unmatured contingent known or unknown at law or in equity
in any forum
2 Forum and Choice of Law The parties deem the Contract to have been made in the City of Hartford State of
Connecticut Both parties agree that it is fair and reasonable for the validity and construction of the Contract
to be and it shall be governed by the laws and court decisions of the State of Connecticut without giving effect
to its principles of conflicts of laws To the extent that any immunities provided by Federal law or the laws of
the State of Connecticut do not bar an action against the State and to the extent that these courts are courts of
competent jurisdiction for the purpose of venue the complaint shall be made returnable to the Judicial District
of Hartford only or shall be brought in the United States District Court for the District of Connecticut only and
shall not be transferred to any other court provided however that nothing here constitutes a waiver or
compromise of the sovereign immunity of the State of Connecticut The Contractor waives any objection which
it may now have or will have to the laying of venue of any Claims in any forum and further irrevocably submits
to such jurisdiction in any suit action or proceeding
3 Termination
(a) Notwithstanding any provisions in this Contract the Agency through a duly authorized employee may
Terminate the Contract whenever the Agency makes a written determination that such Termination is in
the best interests of the State The Agency shall notify the Contractor in writing of Termination pursuant
to this section which notice shall specify the effective date of Termination and the extent to which the
Contractor must complete its Performance under the Contract prior to such date
(b) Notwithstanding any provisions in this Contract the Agency through a duly authorized employee may
after making a written determination that the Contractor has breached the Contract Terminate the
Contract in accordance with the provisions in the Breach section of this Contract
(c) The Agency shall send the notice of Termination via certified mail return receipt requested to the
Contractor at the most current address which the Contractor has furnished to the Agency for purposes of
correspondence or by hand delivery Upon receiving the notice from the Agency the Contractor shall
immediately discontinue all services affected in accordance with the notice undertake all commercially
reasonable efforts to mitigate any losses or damages and deliver to the Agency all Records The Records
are deemed to be the property of the Agency and the Contractor shall deliver them to the Agency no later
than thirty (30) days after the Termination of the Contract or fifteen (15) days after the Contractor
receives a written request from the Agency for the Records The Contractor shall deliver those Records
that exist in electronic magnetic or other intangible form in a non-proprietary format such as but not
limited to ASCII or TXT
(d) Upon receipt of a written notice of Termination from the Agency the Contractor shall cease operations
as the Agency directs in the notice and take all actions that are necessary or appropriate or that the
Agency may reasonably direct for the protection and preservation of the Goods and any other property
Except for any work which the Agency directs the Contractor to Perform in the notice prior to the
effective date of Termination and except as otherwise provided in the notice the Contractor shall
terminate or conclude all existing subcontracts and purchase orders and shall not enter into any further
subcontracts purchase orders or commitments
(e) The Agency shall within forty-five (45) days of the effective date of Termination reimburse the
Contractor for its Performance rendered and accepted by the Agency in addition to all actual and
reasonable costs incurred after Termination in completing those portions of the Performance which the
notice required the Contractor to complete However the Contractor is not entitled to receive and the
Agency is not obligated to tender to the Contractor any payments for anticipated or lost profits Upon
request by the Agency the Contractor shall assign to the Agency or any replacement contractor which
the Agency designates all subcontracts purchase orders and other commitments deliver to the Agency
all Records and other information pertaining to its Performance and remove from State premises
whether leased or owned all of Contractorrsquos property equipment waste material and rubbish related to
its Performance all as the Agency may request
(f) For breach or violation of any of the provisions in the section concerning Representations and
Warranties the Agency may Terminate the Contract in accordance with its terms and revoke any
consents to assignments given as if the assignments had never been requested or consented to without
liability to the Contractor or Contractor Parties or any third party
(g) Upon Termination of the Contract all rights and obligations shall be null and void so that no party shall
Page 20 of 23
have any further rights or obligations to any other party except with respect to the sections which survive
Termination All representations warranties agreements and rights of the parties under the Contract
shall survive such Termination to the extent not otherwise limited in the Contract and without each one
of them having to be specifically mentioned in the Contract
(h) Termination of the Contract pursuant to this section shall not be deemed to be a breach of contract by
the Agency
4 Indemnification
(a) The Contractor shall indemnify defend and hold harmless the State and its officers representatives
agents servants employees successors and assigns from and against any and all (1) Claims arising
directly or indirectly in connection with the Contract including the acts of commission or omission
(collectively the Acts) of the Contractor or Contractor Parties and (2) liabilities damages losses
costs and expenses including but not limited to attorneys and other professionals fees arising directly
or indirectly in connection with Claims Acts or the Contract The Contractor shall use counsel
reasonably acceptable to the State in carrying out its obligations under this section The Contractorrsquos
obligations under this section to indemnify defend and hold harmless against Claims includes Claims
concerning confidentiality of any part of or all of the Contractorrsquos bid proposal or any Records any
intellectual property rights other proprietary rights of any person or entity copyrighted or uncopyrighted
compositions secret processes patented or unpatented inventions articles or appliances furnished or
used in the Performance
(b) The Contractor shall not be responsible for indemnifying or holding the State harmless from any liability
arising due to the negligence of the State or any other person or entity acting under the direct control or
supervision of the State
(c) The Contractor shall reimburse the State for any and all damages to the real or personal property of the
State caused by the Acts of the Contractor or any Contractor Parties The State shall give the Contractor
reasonable notice of any such Claims
(d) The Contractorrsquos duties under this section shall remain fully in effect and binding in accordance with the
terms and conditions of the Contract without being lessened or compromised in any way even where
the Contractor is alleged or is found to have merely contributed in part to the Acts giving rise to the
Claims andor where the State is alleged or is found to have contributed to the Acts giving rise to the
Claims
(e) The Contractor shall carry and maintain at all times during the term of the Contract and during the time
that any provisions survive the term of the Contract sufficient general liability insurance to satisfy its
obligations under this Contract The Contractor shall cause the State to be named as an additional insured
on the policy and shall provide (1) a certificate of insurance (2) the declaration page and (3) the
additional insured endorsement to the policy to the State and the Client Agency all in an electronic format
acceptable to the State prior to the Effective Date of the Contract evidencing that the State is an additional
insured The Contractor shall not begin Performance until the delivery of these three documents to the
Client Agency Contractor shall provide an annual electronic update of the three documents to the Client
Agency and the State on or before each anniversary of the Effective Date during the Contract term State
shall be entitled to recover under the insurance policy even if a body of competent jurisdiction determines
that State is contributorily negligent
(f) This section shall survive the Termination of the Contract and shall not be limited by reason of any
insurance coverage
5 Sovereign Immunity The parties acknowledge and agree that nothing in the Solicitation or the Contract shall
be construed as a modification compromise or waiver by the State of any rights or defenses of any immunities
provided by Federal law or the laws of the State of Connecticut to the State or any of its officers and employees
which they may have had now have or will have with respect to all matters arising out of the Contract To the
extent that this section conflicts with any other section this section shall govern
6 Protection of Confidential Information Contractor and Contractor Parties at their own expense have a duty to
and shall protect from a Confidential Information Breach any and all Confidential Information which they come
to possess or control wherever and however stored or maintained in a commercially reasonable manner in
accordance with current industry standards
(b) Each Contractor or Contractor Party shall develop implement and maintain a comprehensive data -
security program for the protection of Confidential Information The safeguards contained in such
Page 21 of 23
program shall be consistent with and comply with the safeguards for protection of Confidential
Information and information of a similar character as set forth in all applicable federal and state law
and written policy of the Agency or State concerning the confidentiality of Confidential Information
Such data-security program shall include but not be limited to the following
(1) A security policy for employees related to the storage access and transportation of data containing
Confidential Information
(2) Reasonable restrictions on access to records containing Confidential Information including access
to any locked storage where such records are kept
(3) A process for reviewing policies and security measures at least annually
(4) Creating secure access controls to Confidential Information including but not limited to passwords
and
(5) Encrypting of Confidential Information that is stored on laptops portable devices or being
transmitted electronically
(c) The Contractor and Contractor Parties shall notify the Agency and the Connecticut Office of the Attorney
General as soon as practical but no later than twenty-four (24) hours after they become aware of or
suspect that any Confidential Information which Contractor or Contractor Parties have come to possess
or control has been subject to a Confidential Information Breach If a Confidential Information Breach
has occurred the Contractor shall within three (3) business days after the notification present a credit
monitoring and protection plan to the Commissioner of Administrative Services the Agency and the
Connecticut Office of the Attorney General for review and approval Such credit monitoring or
protection plan shall be made available by the Contractor at its own cost and expense to all individuals
affected by the Confidential Information Breach Such credit monitoring or protection plan shall include
but is not limited to reimbursement for the cost of placing and lifting one (1) security freeze per credit
file pursuant to Connecticut General Statutes sect 36a-701a Such credit monitoring or protection plans
shall be approved by the State in accordance with this Section and shall cover a length of time
commensurate with the circumstances of the Confidential Information Breach The Contractorsrsquo costs
and expenses for the credit monitoring and protection plan shall not be recoverable from the Agency
any State of Connecticut entity or any affected individuals
(d) The Contractor shall incorporate the requirements of this Section in all subcontracts requiring each
Contractor Party to safeguard Confidential Information in the same manner as provided for in this
Section
(e) Nothing in this Section shall supersede in any manner Contractorrsquos or Contractor Partyrsquos obligations
pursuant to HIPAA or the provisions of this Contract concerning the obligations of the Contractor as a
Business Associate of Covered Entity
7 Executive Orders This Contract is subject to the provisions of Executive Order No Three of Governor Thomas
J Meskill promulgated June 16 1971 concerning labor employment practices Executive Order No Seventeen
of Governor Thomas J Meskill promulgated February 15 1973 concerning the listing of employment
openings and Executive Order No Sixteen of Governor John G Rowland promulgated August 4 1999
concerning violence in the workplace all of which are incorporated into and are made a part of the Contract as
if they had been fully set forth in it The Contract may also be subject to Executive Order No 14 of Governor
M Jodi Rell promulgated April 17 2006 concerning procurement of cleaning products and services and to
Executive Order No 49 of Governor Dannel P Malloy promulgated May 22 2015 mandating disclosure of
certain gifts to public employees and contributions to certain candidates for office If Executive Order 14 andor
Executive Order 49 are applicable they are deemed to be incorporated into and are made a part of the Contract
as if they had been fully set forth in it At the Contractorrsquos request the Client Agency or DAS shall provide a
copy of these orders to the Contractor
8 State Liability The State of Connecticut shall assume no liability for payment for services under the terms of
this agreement until the contractor is notified that this agreement has been accepted by the contracting agency
and if applicable approved by the Office of Policy and Management (OPM) or the Department of
Administrative Services (DAS) and by the Attorney General of the State of Connecticut
9 Distribution of Materials The Contractor shall obtain written approval from the Commissioner prior to the
distribution or publication of any materials prepared under the terms of this Contract Such approval shall not
be unreasonably withheld
10 Change in Principal Project Staff Any changes in the principal project staff must be requested in writing and
approved in writing by the Commissioner at the Commissionerrsquos sole discretion In the event of any
Page 22 of 23
unapproved change in principal project staff the Commissioner may in the Commissionerrsquos sole discretion
terminate this Contract
11 Further Assurances The Parties shall provide such information execute and deliver any instruments and
documents and take such other actions as may be necessary or reasonably requested by the other Party which
are not inconsistent with the provisions of this Contract and which do not involve the vesting of rights or
assumption of obligations other than those provided for in the Contract in order to give full effect to the
Contract and to carry out the intent of the Contract
12 Third Party Participation The Contractor may make sub-awards using either its own competitive selection
process or the values established in the statersquos competitive selection process as outlined in DAS General Letter
71 whichever is more restrictive to conduct any of the tasks in the Scope of Work contained in Appendix A
The Contractor shall advise the Commissioner of the proposed sub-awardee and the amount allocated at least
two (2) weeks prior to the making of such awards The Commissioner reserves the right to disapprove such
awards if they appear to be inconsistent with the program activities to be conducted under this grant As
required by Sec 46a-68j-23 of the Connecticut Regulations of State Agencies the Contractor must make a good
faith effort based upon the availability of minority business enterprises in the labor market area to award a
reasonable proportion of all subcontracts to such enterprises When minority business enterprises are selected
the Contractor shall provide DEEP with a copy of the Affidavit for Certification of Subcontractors as Minority
Business Enterprises (MBE) along with a copy of the purchase order or contract engaging the Subcontractor
The Contractor shall be the sole point of contact concerning the management of the Contract including
performance and payment issues The Contractor is solely and completely responsible for adherence by any
subcontractor to all the applicable provisions of the Contract
13 Americans with Disabilities Act The Contractor shall be and remain in compliance with the Americans with
Disabilities Act of 1990 (ldquoActrdquo) to the extent applicable during the term of the Contract The DEEP may
cancel the Contract if the Contractor fails to comply with the Act
14 Affirmative Action and Sexual Harassment Policies The Contractor agrees to comply with the Departments
Affirmative Action and Sexual Harassment Policies available on DEEPrsquos web site Hard copies of the policy
statements are available upon request at DEEP
15 Breach If either Party breaches the Contract in any respect the non-breaching Party shall provide written
notice of the breach to the breaching Party and afford the breaching Party an opportunity to cure within ten (10)
days from the date that the breaching Party receives the notice In the case of a Contractor breach any other
time period which the Agency sets forth in the notice shall trump the ten (10) days The right to cure period
shall be extended if the non-breaching Party is satisfied that the breaching Party is making a good faith effort
to cure but the nature of the breach is such that it cannot be cured within the right to cure period The notice
may include an effective Contract Termination date if the breach is not cured by the stated date and unless
otherwise modified by the non-breaching Party in writing prior to the Termination date no further action shall
be required of any Party to effect the Termination as of the stated date If the notice does not set forth an
effective Contract Termination date then the non-breaching Party may Terminate the Contract by giving the
breaching Party no less than twenty four (24) hours prior written notice If the Agency believes that the
Contractor has not performed according to the Contract the Agency may withhold payment in whole or in part
pending resolution of the Performance issue provided that the Agency notifies the Contractor in writing prior
to the date that the payment would have been due
16 Severability If any term or provision of the Contract or its application to any person entity or circumstance
shall to any extent be held to be invalid or unenforceable the remainder of the Contract or the application of
such term or provision shall not be affected as to persons entities or circumstances other than those as to whom
or to which it is held to be invalid or unenforceable Each remaining term and provision of the Contract shall
be valid and enforced to the fullest extent possible by law
17 The Town Guarantee The Town shall furnish adequate protection from damage for all work and to repair any
damage of any kind for which he or his workmen are responsible to premises or any equipment to his own
work or to the work of the Agency pay for all permits licenses and fees and to give all notices and comply
with all laws ordinances rules and regulations of the city state and federal government
18 Force Majeure The Parties shall not be excused from their obligation to perform in accordance with the
Contract except in the case of Force Majeure events and as otherwise provided for in the Contract A Force
Majeure event materially affects the cost of the Goods or Services or the time schedule for performance and is
outside the control nor caused by the Parties In the case of any such exception the nonperforming Party shall
give immediate written notice to the other explaining the cause and probable duration of any such
Page 23 of 23
nonperformance
19 Entirety of Contract The Contract is the entire agreement between the Parties with respect to its subject matter
and supersedes all prior agreements proposals offers counteroffers and understandings of the Parties whether
written or oral The Contract has been entered into after full investigation neither Party relying upon any
statement or representation by the other unless such statement or representation is specifically embodied in the
Contract
20 Interpretation The Contract contains numerous references to statutes and regulations For purposes of
interpretation conflict resolution and otherwise the content of those statutes and regulations shall govern over
the content of the reference in the Contract to those statutes and regulations
A-1
Attachment A
Scope of Work
Mobile Food and Beverage Concession Services
1 Insurance The Concessionaire shall furnish evidence of insurance A Certificate of Insurance
covering each annual period of this contract shall reflect the following limits and shall be submitted
by the Concessionaire to the Department of Energy and Environmental Protection by April 1 of each
year this contract is in effect
a Commercial General Liability insurance providing a total limit of $1000000 for all damages
arising from bodily injury to or death of all persons in any accident or occurrence and for all
damages arising from the destruction of or damage to property in any one accident or occurrence
In cases where any insurance policy shows an aggregate limit the aggregate shall apply solely to
the concession operation or the aggregate limit shall be not less than $2000000
b The operation of all motor vehicles including those hired or borrowed used in connection with
this contract shall be covered by Automobile Liability insurance providing for a total limit of
$1000000 for all damages arising from bodily injuries to or death of all persons in any one
accident or occurrence and for all damages arising from the destruction of or damage to property
in any one accident or occurrence In cases where any insurance policy shows an aggregate limit
the aggregate shall apply solely to the concession operation or the aggregate limit shall be not less
than $2000000
c The Concessionaire shall carry Workerrsquos Compensation insurance in accordance with the
requirements of the laws of the State of Connecticut
d Said coveragersquos are to be provided by insurance companies licensed by the State of Connecticut
e Any deductibles or self-insured retentions must be declared and approved by the State
f The State of Connecticut shall be listed as an Additional Insured on all required coverage
2 Commodities and Price List
a The Concessionaire shall be allowed to sell food and beverages as approved in advance by the
Commissioner
b The Concessionaire shall be allowed to sell souvenirs and other outdoor recreation related
merchandise hereinafter referred to collectively as merchandise as approved in advance by the
Commissioner
c By April 1 of each year that this contract is in effect the Concessionaire shall submit for approval
a price list of all foods beverages and merchandise for sale hereinafter referred to collectively as
commodities to the Department of Energy and Environmental Protection Bureau of Outdoor
Recreation Division of State Parks and Public Outreach 79 Elm Street Hartford CT 06106-5127
d Any price increases or additions of commodities are subject to the prior written approval of the
Commissioner
e The Concessionaire shall post a price list of all commodities for sale in full public view while in
operation
f Whenever the park name is used on merchandise the complete park name shall be used
g The Concessionaire warrants that all commodities offered for sale shall not exceed in price nor be
substandard in quality or quantity to like commodities sold in the surrounding community
A-2
3 Sunscreen All concession operations in a park having a designated swimming area shall have
sunscreen with a Sun Protection Factor (SPF) of at least 15 for adults and 45 for children available for
sale to the general public
4 Use of Biodegradable Products To the extent practicable the Concessionaire agrees to use
recyclable and biodegradable products and packaging in all of its operations ie paper products or
products containing recycled contents The Concessionaire agrees to not dispense food or beverages
in close-celled foam-based containers
5 Prohibitions The Concessionaire shall not
a dispense food or beverages in glass containers
b dispense alcoholic beverages
c sell snorkels beach balls rafts or other inflatable or buoyant devices except US Coast Guard
approved personal flotation devices (PFDs)
d permit gratuities to employees of the State of Connecticut
e provide video or pinball games
6 Hours of Operation
a The Concessionaire may operate the Concession daily between 800 am and sunset on any day
that this contract is in effect
b From the Saturday before Memorial Day through July 4th the Concessionaire shall open the
concession on Saturdays Sundays and holidays not later than 1100 am except during inclement
weather and the concession shall remain open at least until three hours before but not later than
sunset
c From July 4th through Labor Day the Concessionaire shall open the concession daily not later than
1100 am except during inclement weather and the concession shall remain open at least until
three hours before but not later than sunset
d Deviations from the above stated schedules are allowable but must receive advanced approval in
writing from the Park and Recreation Supervisor
e When closing due to inclement weather the Concessionaire shall immediately notify the Park and
Recreation Supervisor The Concessionaire shall keep in the concession vehicle at all times a log
of all closures due to inclement weather and it shall be immediately available to the Park and
Recreation Supervisor upon request for inspection
f Within 30 days of closing the concession for the season but in no case later than December 31 of
each calendar year that this contract is in effect the Concessionaire shall submit an Annual
Inclement Weather Closure Report to the Park and Recreation Supervisor
7 Health Department Inspections The Concessionaire is responsible for scheduling inspections by
the appropriate local health department prior to April 15th of each year this contract is in effect The
Concessionaire is responsible for and shall directly pay for any fees charged for such inspections
8 Health Department Permit The Concessionaire will annually obtain a ldquopermit to sellrdquo from the local
health department and submit a copy of said permit to the DEEP Division of State Parks amp Public
Outreach not later than April 30th of each year this contract is in effect Other Permits The
Concessionaire shall be solely responsible for securing any other licenses permits approvals or
waivers required by any other federal state regional or municipal authority having jurisdiction in the
town(s) in which the Concession is located
9 State Property The Concessionaire shall install no fixed equipment nor make any physical changes
to state property without the prior written approval of DEEP Any improvements or permanent fixtures
approved by the DEEP and provided by the Concessionaire during the term of this contract shall
immediately become the property of the State of Connecticut
A-3
10 Public Health Code The Concessionaire agrees to conform to the Public Health Code of the State of
Connecticut concerning the storage handling and vending of food
11 Refuse Disposal The Concessionaire at its sole expense shall be responsible for the proper disposal
and removal of all recyclables and trash generated by operation of the concession For additional
information see the DEEP website for Managing Waste and Recycling at Special Events and Other
Venues the direct URL address for which is
httpwwwctgovdepcwpviewaspa=2714ampq=434054ampdepNav_GID=1645
12 General Maintenance The Concessionaire shall be responsible for maintaining the Concession area
in a clean sanitary and orderly manner
13 Exclusivity With the exception of vending machines and commodities having prior written approval
for DEEP sanctioned events including but not limited to events authorized by a Special Use License
the Concessionaire shall have the exclusive right to sell commodities within the property named
herein
14 Vending Machines The State of Connecticut Board of Education and Services for the Blind (BESB)
shall have exclusive rights to vending machines on the premises of the concessions and other
authorized areas within the park or forest for the purpose of vending foods and beverages and to collect
receipts there from provided that the number and locations of such vending machines shall receive
prior written approval from a representative of the DEEP
15 Rights of Park Visitors The Concessionaire agrees that nothing contained in the terms of this
contract shall prevent visitors from bringing food to the park and preparing such food for personal
consumption including dispensing such food at no charge to other park visitors Park visitors may
also utilize private catering services with advanced written approval of the Park and Recreation
Supervisor Said catering services may only be permitted with the condition that no financial
transactions occur on DEEP property
16 Concession Staffing The concession shall be staffed only by the Concessionaire or its employee(s)
or other agents identified herein unless otherwise authorized by the Commissioner in writing
17 Code of Conduct Due to the public service nature of the Concession the Concessionaire and all
employees of the Concessionaire shall conduct themselves in a courteous respectful and professional
manner with all members of the public
18 Appearance The Concessionaire and its employees shall be clean and neat in appearance Wearing
an item of uniform eg a shirt hat or badge identifying the name of the Concessionaire employee or
business is encouraged
19 Audible Devices The Concessionaire shall activate audible devices (loudspeakers music bells etc)
only in accordance with instructions provided by the Park and Recreation Supervisor Instructions are
subject to change immediately at the discretion of the Park and Recreation Supervisor
20 Concession Location Unless authorized by the Park and Recreation Supervisor to do otherwise the
Concessionaire agrees to
a identify all park-and-sit locations or drive-through routes on a park map
b confine all concession operations to the designated Concession areas
c confine all sales and advertising to the concession vehicle
d provide garbage and recycling receptacles for customer use
21 Food Inspection An authorized representative of the Commissioner may conduct an unannounced
in-season food inspection once per calendar year Upon request the Concessionaire shall provide a
A-4
range of food and beverage items proportionate to one meal to the Commissionerrsquos
representative for food-tasting purposes
22 Financial Reporting Within 30 days of closing the Concession for the season but in no case
later than December 31 of each calendar year that this contract is in effect the Concessionaire
shall submit a certified statement of annual gross receipts attested to by a Notary Public or a
Commissioner of the Superior Court to Department of Energy and Environmental Protection
Bureau of Outdoor Recreation Division of State Parks and Public Outreach 79 Elm Street
Hartford CT 06106-5127
23 Revenue DEEP shall have no responsibility for revenue loss directly or indirectly attributable
to DEEP management actions including but not limited to changes in park or campground
schedules or operations or in services provided to the visiting public DEEP shall have no
responsibility for revenue loss directly or indirectly attributable to uncontrollable phenomena
including but not limited to attendance loss weather conditions or other Acts of God
24 Compliance The Concessionaire agrees to comply with the regulations of the Department of
Energy and Environmental Protection regarding State Park and Forest Recreation Areas and
with any other department policy concerning the operation of concessions
The parties have hereunto set their hands
SIGNED AND DELIVERED below
STATE OF CONNECTICUT
Department of Energy and Environmental
Protection
CONCESSIONAIRE
BY BY
Date Date
Contract ______________
Acct Fund SID DeptId Prog Project Bud
Ref Amount
Funds available Date
Attorney General (Approved as to Form) Date
Page 20 of 23
have any further rights or obligations to any other party except with respect to the sections which survive
Termination All representations warranties agreements and rights of the parties under the Contract
shall survive such Termination to the extent not otherwise limited in the Contract and without each one
of them having to be specifically mentioned in the Contract
(h) Termination of the Contract pursuant to this section shall not be deemed to be a breach of contract by
the Agency
4 Indemnification
(a) The Contractor shall indemnify defend and hold harmless the State and its officers representatives
agents servants employees successors and assigns from and against any and all (1) Claims arising
directly or indirectly in connection with the Contract including the acts of commission or omission
(collectively the Acts) of the Contractor or Contractor Parties and (2) liabilities damages losses
costs and expenses including but not limited to attorneys and other professionals fees arising directly
or indirectly in connection with Claims Acts or the Contract The Contractor shall use counsel
reasonably acceptable to the State in carrying out its obligations under this section The Contractorrsquos
obligations under this section to indemnify defend and hold harmless against Claims includes Claims
concerning confidentiality of any part of or all of the Contractorrsquos bid proposal or any Records any
intellectual property rights other proprietary rights of any person or entity copyrighted or uncopyrighted
compositions secret processes patented or unpatented inventions articles or appliances furnished or
used in the Performance
(b) The Contractor shall not be responsible for indemnifying or holding the State harmless from any liability
arising due to the negligence of the State or any other person or entity acting under the direct control or
supervision of the State
(c) The Contractor shall reimburse the State for any and all damages to the real or personal property of the
State caused by the Acts of the Contractor or any Contractor Parties The State shall give the Contractor
reasonable notice of any such Claims
(d) The Contractorrsquos duties under this section shall remain fully in effect and binding in accordance with the
terms and conditions of the Contract without being lessened or compromised in any way even where
the Contractor is alleged or is found to have merely contributed in part to the Acts giving rise to the
Claims andor where the State is alleged or is found to have contributed to the Acts giving rise to the
Claims
(e) The Contractor shall carry and maintain at all times during the term of the Contract and during the time
that any provisions survive the term of the Contract sufficient general liability insurance to satisfy its
obligations under this Contract The Contractor shall cause the State to be named as an additional insured
on the policy and shall provide (1) a certificate of insurance (2) the declaration page and (3) the
additional insured endorsement to the policy to the State and the Client Agency all in an electronic format
acceptable to the State prior to the Effective Date of the Contract evidencing that the State is an additional
insured The Contractor shall not begin Performance until the delivery of these three documents to the
Client Agency Contractor shall provide an annual electronic update of the three documents to the Client
Agency and the State on or before each anniversary of the Effective Date during the Contract term State
shall be entitled to recover under the insurance policy even if a body of competent jurisdiction determines
that State is contributorily negligent
(f) This section shall survive the Termination of the Contract and shall not be limited by reason of any
insurance coverage
5 Sovereign Immunity The parties acknowledge and agree that nothing in the Solicitation or the Contract shall
be construed as a modification compromise or waiver by the State of any rights or defenses of any immunities
provided by Federal law or the laws of the State of Connecticut to the State or any of its officers and employees
which they may have had now have or will have with respect to all matters arising out of the Contract To the
extent that this section conflicts with any other section this section shall govern
6 Protection of Confidential Information Contractor and Contractor Parties at their own expense have a duty to
and shall protect from a Confidential Information Breach any and all Confidential Information which they come
to possess or control wherever and however stored or maintained in a commercially reasonable manner in
accordance with current industry standards
(b) Each Contractor or Contractor Party shall develop implement and maintain a comprehensive data -
security program for the protection of Confidential Information The safeguards contained in such
Page 21 of 23
program shall be consistent with and comply with the safeguards for protection of Confidential
Information and information of a similar character as set forth in all applicable federal and state law
and written policy of the Agency or State concerning the confidentiality of Confidential Information
Such data-security program shall include but not be limited to the following
(1) A security policy for employees related to the storage access and transportation of data containing
Confidential Information
(2) Reasonable restrictions on access to records containing Confidential Information including access
to any locked storage where such records are kept
(3) A process for reviewing policies and security measures at least annually
(4) Creating secure access controls to Confidential Information including but not limited to passwords
and
(5) Encrypting of Confidential Information that is stored on laptops portable devices or being
transmitted electronically
(c) The Contractor and Contractor Parties shall notify the Agency and the Connecticut Office of the Attorney
General as soon as practical but no later than twenty-four (24) hours after they become aware of or
suspect that any Confidential Information which Contractor or Contractor Parties have come to possess
or control has been subject to a Confidential Information Breach If a Confidential Information Breach
has occurred the Contractor shall within three (3) business days after the notification present a credit
monitoring and protection plan to the Commissioner of Administrative Services the Agency and the
Connecticut Office of the Attorney General for review and approval Such credit monitoring or
protection plan shall be made available by the Contractor at its own cost and expense to all individuals
affected by the Confidential Information Breach Such credit monitoring or protection plan shall include
but is not limited to reimbursement for the cost of placing and lifting one (1) security freeze per credit
file pursuant to Connecticut General Statutes sect 36a-701a Such credit monitoring or protection plans
shall be approved by the State in accordance with this Section and shall cover a length of time
commensurate with the circumstances of the Confidential Information Breach The Contractorsrsquo costs
and expenses for the credit monitoring and protection plan shall not be recoverable from the Agency
any State of Connecticut entity or any affected individuals
(d) The Contractor shall incorporate the requirements of this Section in all subcontracts requiring each
Contractor Party to safeguard Confidential Information in the same manner as provided for in this
Section
(e) Nothing in this Section shall supersede in any manner Contractorrsquos or Contractor Partyrsquos obligations
pursuant to HIPAA or the provisions of this Contract concerning the obligations of the Contractor as a
Business Associate of Covered Entity
7 Executive Orders This Contract is subject to the provisions of Executive Order No Three of Governor Thomas
J Meskill promulgated June 16 1971 concerning labor employment practices Executive Order No Seventeen
of Governor Thomas J Meskill promulgated February 15 1973 concerning the listing of employment
openings and Executive Order No Sixteen of Governor John G Rowland promulgated August 4 1999
concerning violence in the workplace all of which are incorporated into and are made a part of the Contract as
if they had been fully set forth in it The Contract may also be subject to Executive Order No 14 of Governor
M Jodi Rell promulgated April 17 2006 concerning procurement of cleaning products and services and to
Executive Order No 49 of Governor Dannel P Malloy promulgated May 22 2015 mandating disclosure of
certain gifts to public employees and contributions to certain candidates for office If Executive Order 14 andor
Executive Order 49 are applicable they are deemed to be incorporated into and are made a part of the Contract
as if they had been fully set forth in it At the Contractorrsquos request the Client Agency or DAS shall provide a
copy of these orders to the Contractor
8 State Liability The State of Connecticut shall assume no liability for payment for services under the terms of
this agreement until the contractor is notified that this agreement has been accepted by the contracting agency
and if applicable approved by the Office of Policy and Management (OPM) or the Department of
Administrative Services (DAS) and by the Attorney General of the State of Connecticut
9 Distribution of Materials The Contractor shall obtain written approval from the Commissioner prior to the
distribution or publication of any materials prepared under the terms of this Contract Such approval shall not
be unreasonably withheld
10 Change in Principal Project Staff Any changes in the principal project staff must be requested in writing and
approved in writing by the Commissioner at the Commissionerrsquos sole discretion In the event of any
Page 22 of 23
unapproved change in principal project staff the Commissioner may in the Commissionerrsquos sole discretion
terminate this Contract
11 Further Assurances The Parties shall provide such information execute and deliver any instruments and
documents and take such other actions as may be necessary or reasonably requested by the other Party which
are not inconsistent with the provisions of this Contract and which do not involve the vesting of rights or
assumption of obligations other than those provided for in the Contract in order to give full effect to the
Contract and to carry out the intent of the Contract
12 Third Party Participation The Contractor may make sub-awards using either its own competitive selection
process or the values established in the statersquos competitive selection process as outlined in DAS General Letter
71 whichever is more restrictive to conduct any of the tasks in the Scope of Work contained in Appendix A
The Contractor shall advise the Commissioner of the proposed sub-awardee and the amount allocated at least
two (2) weeks prior to the making of such awards The Commissioner reserves the right to disapprove such
awards if they appear to be inconsistent with the program activities to be conducted under this grant As
required by Sec 46a-68j-23 of the Connecticut Regulations of State Agencies the Contractor must make a good
faith effort based upon the availability of minority business enterprises in the labor market area to award a
reasonable proportion of all subcontracts to such enterprises When minority business enterprises are selected
the Contractor shall provide DEEP with a copy of the Affidavit for Certification of Subcontractors as Minority
Business Enterprises (MBE) along with a copy of the purchase order or contract engaging the Subcontractor
The Contractor shall be the sole point of contact concerning the management of the Contract including
performance and payment issues The Contractor is solely and completely responsible for adherence by any
subcontractor to all the applicable provisions of the Contract
13 Americans with Disabilities Act The Contractor shall be and remain in compliance with the Americans with
Disabilities Act of 1990 (ldquoActrdquo) to the extent applicable during the term of the Contract The DEEP may
cancel the Contract if the Contractor fails to comply with the Act
14 Affirmative Action and Sexual Harassment Policies The Contractor agrees to comply with the Departments
Affirmative Action and Sexual Harassment Policies available on DEEPrsquos web site Hard copies of the policy
statements are available upon request at DEEP
15 Breach If either Party breaches the Contract in any respect the non-breaching Party shall provide written
notice of the breach to the breaching Party and afford the breaching Party an opportunity to cure within ten (10)
days from the date that the breaching Party receives the notice In the case of a Contractor breach any other
time period which the Agency sets forth in the notice shall trump the ten (10) days The right to cure period
shall be extended if the non-breaching Party is satisfied that the breaching Party is making a good faith effort
to cure but the nature of the breach is such that it cannot be cured within the right to cure period The notice
may include an effective Contract Termination date if the breach is not cured by the stated date and unless
otherwise modified by the non-breaching Party in writing prior to the Termination date no further action shall
be required of any Party to effect the Termination as of the stated date If the notice does not set forth an
effective Contract Termination date then the non-breaching Party may Terminate the Contract by giving the
breaching Party no less than twenty four (24) hours prior written notice If the Agency believes that the
Contractor has not performed according to the Contract the Agency may withhold payment in whole or in part
pending resolution of the Performance issue provided that the Agency notifies the Contractor in writing prior
to the date that the payment would have been due
16 Severability If any term or provision of the Contract or its application to any person entity or circumstance
shall to any extent be held to be invalid or unenforceable the remainder of the Contract or the application of
such term or provision shall not be affected as to persons entities or circumstances other than those as to whom
or to which it is held to be invalid or unenforceable Each remaining term and provision of the Contract shall
be valid and enforced to the fullest extent possible by law
17 The Town Guarantee The Town shall furnish adequate protection from damage for all work and to repair any
damage of any kind for which he or his workmen are responsible to premises or any equipment to his own
work or to the work of the Agency pay for all permits licenses and fees and to give all notices and comply
with all laws ordinances rules and regulations of the city state and federal government
18 Force Majeure The Parties shall not be excused from their obligation to perform in accordance with the
Contract except in the case of Force Majeure events and as otherwise provided for in the Contract A Force
Majeure event materially affects the cost of the Goods or Services or the time schedule for performance and is
outside the control nor caused by the Parties In the case of any such exception the nonperforming Party shall
give immediate written notice to the other explaining the cause and probable duration of any such
Page 23 of 23
nonperformance
19 Entirety of Contract The Contract is the entire agreement between the Parties with respect to its subject matter
and supersedes all prior agreements proposals offers counteroffers and understandings of the Parties whether
written or oral The Contract has been entered into after full investigation neither Party relying upon any
statement or representation by the other unless such statement or representation is specifically embodied in the
Contract
20 Interpretation The Contract contains numerous references to statutes and regulations For purposes of
interpretation conflict resolution and otherwise the content of those statutes and regulations shall govern over
the content of the reference in the Contract to those statutes and regulations
A-1
Attachment A
Scope of Work
Mobile Food and Beverage Concession Services
1 Insurance The Concessionaire shall furnish evidence of insurance A Certificate of Insurance
covering each annual period of this contract shall reflect the following limits and shall be submitted
by the Concessionaire to the Department of Energy and Environmental Protection by April 1 of each
year this contract is in effect
a Commercial General Liability insurance providing a total limit of $1000000 for all damages
arising from bodily injury to or death of all persons in any accident or occurrence and for all
damages arising from the destruction of or damage to property in any one accident or occurrence
In cases where any insurance policy shows an aggregate limit the aggregate shall apply solely to
the concession operation or the aggregate limit shall be not less than $2000000
b The operation of all motor vehicles including those hired or borrowed used in connection with
this contract shall be covered by Automobile Liability insurance providing for a total limit of
$1000000 for all damages arising from bodily injuries to or death of all persons in any one
accident or occurrence and for all damages arising from the destruction of or damage to property
in any one accident or occurrence In cases where any insurance policy shows an aggregate limit
the aggregate shall apply solely to the concession operation or the aggregate limit shall be not less
than $2000000
c The Concessionaire shall carry Workerrsquos Compensation insurance in accordance with the
requirements of the laws of the State of Connecticut
d Said coveragersquos are to be provided by insurance companies licensed by the State of Connecticut
e Any deductibles or self-insured retentions must be declared and approved by the State
f The State of Connecticut shall be listed as an Additional Insured on all required coverage
2 Commodities and Price List
a The Concessionaire shall be allowed to sell food and beverages as approved in advance by the
Commissioner
b The Concessionaire shall be allowed to sell souvenirs and other outdoor recreation related
merchandise hereinafter referred to collectively as merchandise as approved in advance by the
Commissioner
c By April 1 of each year that this contract is in effect the Concessionaire shall submit for approval
a price list of all foods beverages and merchandise for sale hereinafter referred to collectively as
commodities to the Department of Energy and Environmental Protection Bureau of Outdoor
Recreation Division of State Parks and Public Outreach 79 Elm Street Hartford CT 06106-5127
d Any price increases or additions of commodities are subject to the prior written approval of the
Commissioner
e The Concessionaire shall post a price list of all commodities for sale in full public view while in
operation
f Whenever the park name is used on merchandise the complete park name shall be used
g The Concessionaire warrants that all commodities offered for sale shall not exceed in price nor be
substandard in quality or quantity to like commodities sold in the surrounding community
A-2
3 Sunscreen All concession operations in a park having a designated swimming area shall have
sunscreen with a Sun Protection Factor (SPF) of at least 15 for adults and 45 for children available for
sale to the general public
4 Use of Biodegradable Products To the extent practicable the Concessionaire agrees to use
recyclable and biodegradable products and packaging in all of its operations ie paper products or
products containing recycled contents The Concessionaire agrees to not dispense food or beverages
in close-celled foam-based containers
5 Prohibitions The Concessionaire shall not
a dispense food or beverages in glass containers
b dispense alcoholic beverages
c sell snorkels beach balls rafts or other inflatable or buoyant devices except US Coast Guard
approved personal flotation devices (PFDs)
d permit gratuities to employees of the State of Connecticut
e provide video or pinball games
6 Hours of Operation
a The Concessionaire may operate the Concession daily between 800 am and sunset on any day
that this contract is in effect
b From the Saturday before Memorial Day through July 4th the Concessionaire shall open the
concession on Saturdays Sundays and holidays not later than 1100 am except during inclement
weather and the concession shall remain open at least until three hours before but not later than
sunset
c From July 4th through Labor Day the Concessionaire shall open the concession daily not later than
1100 am except during inclement weather and the concession shall remain open at least until
three hours before but not later than sunset
d Deviations from the above stated schedules are allowable but must receive advanced approval in
writing from the Park and Recreation Supervisor
e When closing due to inclement weather the Concessionaire shall immediately notify the Park and
Recreation Supervisor The Concessionaire shall keep in the concession vehicle at all times a log
of all closures due to inclement weather and it shall be immediately available to the Park and
Recreation Supervisor upon request for inspection
f Within 30 days of closing the concession for the season but in no case later than December 31 of
each calendar year that this contract is in effect the Concessionaire shall submit an Annual
Inclement Weather Closure Report to the Park and Recreation Supervisor
7 Health Department Inspections The Concessionaire is responsible for scheduling inspections by
the appropriate local health department prior to April 15th of each year this contract is in effect The
Concessionaire is responsible for and shall directly pay for any fees charged for such inspections
8 Health Department Permit The Concessionaire will annually obtain a ldquopermit to sellrdquo from the local
health department and submit a copy of said permit to the DEEP Division of State Parks amp Public
Outreach not later than April 30th of each year this contract is in effect Other Permits The
Concessionaire shall be solely responsible for securing any other licenses permits approvals or
waivers required by any other federal state regional or municipal authority having jurisdiction in the
town(s) in which the Concession is located
9 State Property The Concessionaire shall install no fixed equipment nor make any physical changes
to state property without the prior written approval of DEEP Any improvements or permanent fixtures
approved by the DEEP and provided by the Concessionaire during the term of this contract shall
immediately become the property of the State of Connecticut
A-3
10 Public Health Code The Concessionaire agrees to conform to the Public Health Code of the State of
Connecticut concerning the storage handling and vending of food
11 Refuse Disposal The Concessionaire at its sole expense shall be responsible for the proper disposal
and removal of all recyclables and trash generated by operation of the concession For additional
information see the DEEP website for Managing Waste and Recycling at Special Events and Other
Venues the direct URL address for which is
httpwwwctgovdepcwpviewaspa=2714ampq=434054ampdepNav_GID=1645
12 General Maintenance The Concessionaire shall be responsible for maintaining the Concession area
in a clean sanitary and orderly manner
13 Exclusivity With the exception of vending machines and commodities having prior written approval
for DEEP sanctioned events including but not limited to events authorized by a Special Use License
the Concessionaire shall have the exclusive right to sell commodities within the property named
herein
14 Vending Machines The State of Connecticut Board of Education and Services for the Blind (BESB)
shall have exclusive rights to vending machines on the premises of the concessions and other
authorized areas within the park or forest for the purpose of vending foods and beverages and to collect
receipts there from provided that the number and locations of such vending machines shall receive
prior written approval from a representative of the DEEP
15 Rights of Park Visitors The Concessionaire agrees that nothing contained in the terms of this
contract shall prevent visitors from bringing food to the park and preparing such food for personal
consumption including dispensing such food at no charge to other park visitors Park visitors may
also utilize private catering services with advanced written approval of the Park and Recreation
Supervisor Said catering services may only be permitted with the condition that no financial
transactions occur on DEEP property
16 Concession Staffing The concession shall be staffed only by the Concessionaire or its employee(s)
or other agents identified herein unless otherwise authorized by the Commissioner in writing
17 Code of Conduct Due to the public service nature of the Concession the Concessionaire and all
employees of the Concessionaire shall conduct themselves in a courteous respectful and professional
manner with all members of the public
18 Appearance The Concessionaire and its employees shall be clean and neat in appearance Wearing
an item of uniform eg a shirt hat or badge identifying the name of the Concessionaire employee or
business is encouraged
19 Audible Devices The Concessionaire shall activate audible devices (loudspeakers music bells etc)
only in accordance with instructions provided by the Park and Recreation Supervisor Instructions are
subject to change immediately at the discretion of the Park and Recreation Supervisor
20 Concession Location Unless authorized by the Park and Recreation Supervisor to do otherwise the
Concessionaire agrees to
a identify all park-and-sit locations or drive-through routes on a park map
b confine all concession operations to the designated Concession areas
c confine all sales and advertising to the concession vehicle
d provide garbage and recycling receptacles for customer use
21 Food Inspection An authorized representative of the Commissioner may conduct an unannounced
in-season food inspection once per calendar year Upon request the Concessionaire shall provide a
A-4
range of food and beverage items proportionate to one meal to the Commissionerrsquos
representative for food-tasting purposes
22 Financial Reporting Within 30 days of closing the Concession for the season but in no case
later than December 31 of each calendar year that this contract is in effect the Concessionaire
shall submit a certified statement of annual gross receipts attested to by a Notary Public or a
Commissioner of the Superior Court to Department of Energy and Environmental Protection
Bureau of Outdoor Recreation Division of State Parks and Public Outreach 79 Elm Street
Hartford CT 06106-5127
23 Revenue DEEP shall have no responsibility for revenue loss directly or indirectly attributable
to DEEP management actions including but not limited to changes in park or campground
schedules or operations or in services provided to the visiting public DEEP shall have no
responsibility for revenue loss directly or indirectly attributable to uncontrollable phenomena
including but not limited to attendance loss weather conditions or other Acts of God
24 Compliance The Concessionaire agrees to comply with the regulations of the Department of
Energy and Environmental Protection regarding State Park and Forest Recreation Areas and
with any other department policy concerning the operation of concessions
The parties have hereunto set their hands
SIGNED AND DELIVERED below
STATE OF CONNECTICUT
Department of Energy and Environmental
Protection
CONCESSIONAIRE
BY BY
Date Date
Contract ______________
Acct Fund SID DeptId Prog Project Bud
Ref Amount
Funds available Date
Attorney General (Approved as to Form) Date
Page 21 of 23
program shall be consistent with and comply with the safeguards for protection of Confidential
Information and information of a similar character as set forth in all applicable federal and state law
and written policy of the Agency or State concerning the confidentiality of Confidential Information
Such data-security program shall include but not be limited to the following
(1) A security policy for employees related to the storage access and transportation of data containing
Confidential Information
(2) Reasonable restrictions on access to records containing Confidential Information including access
to any locked storage where such records are kept
(3) A process for reviewing policies and security measures at least annually
(4) Creating secure access controls to Confidential Information including but not limited to passwords
and
(5) Encrypting of Confidential Information that is stored on laptops portable devices or being
transmitted electronically
(c) The Contractor and Contractor Parties shall notify the Agency and the Connecticut Office of the Attorney
General as soon as practical but no later than twenty-four (24) hours after they become aware of or
suspect that any Confidential Information which Contractor or Contractor Parties have come to possess
or control has been subject to a Confidential Information Breach If a Confidential Information Breach
has occurred the Contractor shall within three (3) business days after the notification present a credit
monitoring and protection plan to the Commissioner of Administrative Services the Agency and the
Connecticut Office of the Attorney General for review and approval Such credit monitoring or
protection plan shall be made available by the Contractor at its own cost and expense to all individuals
affected by the Confidential Information Breach Such credit monitoring or protection plan shall include
but is not limited to reimbursement for the cost of placing and lifting one (1) security freeze per credit
file pursuant to Connecticut General Statutes sect 36a-701a Such credit monitoring or protection plans
shall be approved by the State in accordance with this Section and shall cover a length of time
commensurate with the circumstances of the Confidential Information Breach The Contractorsrsquo costs
and expenses for the credit monitoring and protection plan shall not be recoverable from the Agency
any State of Connecticut entity or any affected individuals
(d) The Contractor shall incorporate the requirements of this Section in all subcontracts requiring each
Contractor Party to safeguard Confidential Information in the same manner as provided for in this
Section
(e) Nothing in this Section shall supersede in any manner Contractorrsquos or Contractor Partyrsquos obligations
pursuant to HIPAA or the provisions of this Contract concerning the obligations of the Contractor as a
Business Associate of Covered Entity
7 Executive Orders This Contract is subject to the provisions of Executive Order No Three of Governor Thomas
J Meskill promulgated June 16 1971 concerning labor employment practices Executive Order No Seventeen
of Governor Thomas J Meskill promulgated February 15 1973 concerning the listing of employment
openings and Executive Order No Sixteen of Governor John G Rowland promulgated August 4 1999
concerning violence in the workplace all of which are incorporated into and are made a part of the Contract as
if they had been fully set forth in it The Contract may also be subject to Executive Order No 14 of Governor
M Jodi Rell promulgated April 17 2006 concerning procurement of cleaning products and services and to
Executive Order No 49 of Governor Dannel P Malloy promulgated May 22 2015 mandating disclosure of
certain gifts to public employees and contributions to certain candidates for office If Executive Order 14 andor
Executive Order 49 are applicable they are deemed to be incorporated into and are made a part of the Contract
as if they had been fully set forth in it At the Contractorrsquos request the Client Agency or DAS shall provide a
copy of these orders to the Contractor
8 State Liability The State of Connecticut shall assume no liability for payment for services under the terms of
this agreement until the contractor is notified that this agreement has been accepted by the contracting agency
and if applicable approved by the Office of Policy and Management (OPM) or the Department of
Administrative Services (DAS) and by the Attorney General of the State of Connecticut
9 Distribution of Materials The Contractor shall obtain written approval from the Commissioner prior to the
distribution or publication of any materials prepared under the terms of this Contract Such approval shall not
be unreasonably withheld
10 Change in Principal Project Staff Any changes in the principal project staff must be requested in writing and
approved in writing by the Commissioner at the Commissionerrsquos sole discretion In the event of any
Page 22 of 23
unapproved change in principal project staff the Commissioner may in the Commissionerrsquos sole discretion
terminate this Contract
11 Further Assurances The Parties shall provide such information execute and deliver any instruments and
documents and take such other actions as may be necessary or reasonably requested by the other Party which
are not inconsistent with the provisions of this Contract and which do not involve the vesting of rights or
assumption of obligations other than those provided for in the Contract in order to give full effect to the
Contract and to carry out the intent of the Contract
12 Third Party Participation The Contractor may make sub-awards using either its own competitive selection
process or the values established in the statersquos competitive selection process as outlined in DAS General Letter
71 whichever is more restrictive to conduct any of the tasks in the Scope of Work contained in Appendix A
The Contractor shall advise the Commissioner of the proposed sub-awardee and the amount allocated at least
two (2) weeks prior to the making of such awards The Commissioner reserves the right to disapprove such
awards if they appear to be inconsistent with the program activities to be conducted under this grant As
required by Sec 46a-68j-23 of the Connecticut Regulations of State Agencies the Contractor must make a good
faith effort based upon the availability of minority business enterprises in the labor market area to award a
reasonable proportion of all subcontracts to such enterprises When minority business enterprises are selected
the Contractor shall provide DEEP with a copy of the Affidavit for Certification of Subcontractors as Minority
Business Enterprises (MBE) along with a copy of the purchase order or contract engaging the Subcontractor
The Contractor shall be the sole point of contact concerning the management of the Contract including
performance and payment issues The Contractor is solely and completely responsible for adherence by any
subcontractor to all the applicable provisions of the Contract
13 Americans with Disabilities Act The Contractor shall be and remain in compliance with the Americans with
Disabilities Act of 1990 (ldquoActrdquo) to the extent applicable during the term of the Contract The DEEP may
cancel the Contract if the Contractor fails to comply with the Act
14 Affirmative Action and Sexual Harassment Policies The Contractor agrees to comply with the Departments
Affirmative Action and Sexual Harassment Policies available on DEEPrsquos web site Hard copies of the policy
statements are available upon request at DEEP
15 Breach If either Party breaches the Contract in any respect the non-breaching Party shall provide written
notice of the breach to the breaching Party and afford the breaching Party an opportunity to cure within ten (10)
days from the date that the breaching Party receives the notice In the case of a Contractor breach any other
time period which the Agency sets forth in the notice shall trump the ten (10) days The right to cure period
shall be extended if the non-breaching Party is satisfied that the breaching Party is making a good faith effort
to cure but the nature of the breach is such that it cannot be cured within the right to cure period The notice
may include an effective Contract Termination date if the breach is not cured by the stated date and unless
otherwise modified by the non-breaching Party in writing prior to the Termination date no further action shall
be required of any Party to effect the Termination as of the stated date If the notice does not set forth an
effective Contract Termination date then the non-breaching Party may Terminate the Contract by giving the
breaching Party no less than twenty four (24) hours prior written notice If the Agency believes that the
Contractor has not performed according to the Contract the Agency may withhold payment in whole or in part
pending resolution of the Performance issue provided that the Agency notifies the Contractor in writing prior
to the date that the payment would have been due
16 Severability If any term or provision of the Contract or its application to any person entity or circumstance
shall to any extent be held to be invalid or unenforceable the remainder of the Contract or the application of
such term or provision shall not be affected as to persons entities or circumstances other than those as to whom
or to which it is held to be invalid or unenforceable Each remaining term and provision of the Contract shall
be valid and enforced to the fullest extent possible by law
17 The Town Guarantee The Town shall furnish adequate protection from damage for all work and to repair any
damage of any kind for which he or his workmen are responsible to premises or any equipment to his own
work or to the work of the Agency pay for all permits licenses and fees and to give all notices and comply
with all laws ordinances rules and regulations of the city state and federal government
18 Force Majeure The Parties shall not be excused from their obligation to perform in accordance with the
Contract except in the case of Force Majeure events and as otherwise provided for in the Contract A Force
Majeure event materially affects the cost of the Goods or Services or the time schedule for performance and is
outside the control nor caused by the Parties In the case of any such exception the nonperforming Party shall
give immediate written notice to the other explaining the cause and probable duration of any such
Page 23 of 23
nonperformance
19 Entirety of Contract The Contract is the entire agreement between the Parties with respect to its subject matter
and supersedes all prior agreements proposals offers counteroffers and understandings of the Parties whether
written or oral The Contract has been entered into after full investigation neither Party relying upon any
statement or representation by the other unless such statement or representation is specifically embodied in the
Contract
20 Interpretation The Contract contains numerous references to statutes and regulations For purposes of
interpretation conflict resolution and otherwise the content of those statutes and regulations shall govern over
the content of the reference in the Contract to those statutes and regulations
A-1
Attachment A
Scope of Work
Mobile Food and Beverage Concession Services
1 Insurance The Concessionaire shall furnish evidence of insurance A Certificate of Insurance
covering each annual period of this contract shall reflect the following limits and shall be submitted
by the Concessionaire to the Department of Energy and Environmental Protection by April 1 of each
year this contract is in effect
a Commercial General Liability insurance providing a total limit of $1000000 for all damages
arising from bodily injury to or death of all persons in any accident or occurrence and for all
damages arising from the destruction of or damage to property in any one accident or occurrence
In cases where any insurance policy shows an aggregate limit the aggregate shall apply solely to
the concession operation or the aggregate limit shall be not less than $2000000
b The operation of all motor vehicles including those hired or borrowed used in connection with
this contract shall be covered by Automobile Liability insurance providing for a total limit of
$1000000 for all damages arising from bodily injuries to or death of all persons in any one
accident or occurrence and for all damages arising from the destruction of or damage to property
in any one accident or occurrence In cases where any insurance policy shows an aggregate limit
the aggregate shall apply solely to the concession operation or the aggregate limit shall be not less
than $2000000
c The Concessionaire shall carry Workerrsquos Compensation insurance in accordance with the
requirements of the laws of the State of Connecticut
d Said coveragersquos are to be provided by insurance companies licensed by the State of Connecticut
e Any deductibles or self-insured retentions must be declared and approved by the State
f The State of Connecticut shall be listed as an Additional Insured on all required coverage
2 Commodities and Price List
a The Concessionaire shall be allowed to sell food and beverages as approved in advance by the
Commissioner
b The Concessionaire shall be allowed to sell souvenirs and other outdoor recreation related
merchandise hereinafter referred to collectively as merchandise as approved in advance by the
Commissioner
c By April 1 of each year that this contract is in effect the Concessionaire shall submit for approval
a price list of all foods beverages and merchandise for sale hereinafter referred to collectively as
commodities to the Department of Energy and Environmental Protection Bureau of Outdoor
Recreation Division of State Parks and Public Outreach 79 Elm Street Hartford CT 06106-5127
d Any price increases or additions of commodities are subject to the prior written approval of the
Commissioner
e The Concessionaire shall post a price list of all commodities for sale in full public view while in
operation
f Whenever the park name is used on merchandise the complete park name shall be used
g The Concessionaire warrants that all commodities offered for sale shall not exceed in price nor be
substandard in quality or quantity to like commodities sold in the surrounding community
A-2
3 Sunscreen All concession operations in a park having a designated swimming area shall have
sunscreen with a Sun Protection Factor (SPF) of at least 15 for adults and 45 for children available for
sale to the general public
4 Use of Biodegradable Products To the extent practicable the Concessionaire agrees to use
recyclable and biodegradable products and packaging in all of its operations ie paper products or
products containing recycled contents The Concessionaire agrees to not dispense food or beverages
in close-celled foam-based containers
5 Prohibitions The Concessionaire shall not
a dispense food or beverages in glass containers
b dispense alcoholic beverages
c sell snorkels beach balls rafts or other inflatable or buoyant devices except US Coast Guard
approved personal flotation devices (PFDs)
d permit gratuities to employees of the State of Connecticut
e provide video or pinball games
6 Hours of Operation
a The Concessionaire may operate the Concession daily between 800 am and sunset on any day
that this contract is in effect
b From the Saturday before Memorial Day through July 4th the Concessionaire shall open the
concession on Saturdays Sundays and holidays not later than 1100 am except during inclement
weather and the concession shall remain open at least until three hours before but not later than
sunset
c From July 4th through Labor Day the Concessionaire shall open the concession daily not later than
1100 am except during inclement weather and the concession shall remain open at least until
three hours before but not later than sunset
d Deviations from the above stated schedules are allowable but must receive advanced approval in
writing from the Park and Recreation Supervisor
e When closing due to inclement weather the Concessionaire shall immediately notify the Park and
Recreation Supervisor The Concessionaire shall keep in the concession vehicle at all times a log
of all closures due to inclement weather and it shall be immediately available to the Park and
Recreation Supervisor upon request for inspection
f Within 30 days of closing the concession for the season but in no case later than December 31 of
each calendar year that this contract is in effect the Concessionaire shall submit an Annual
Inclement Weather Closure Report to the Park and Recreation Supervisor
7 Health Department Inspections The Concessionaire is responsible for scheduling inspections by
the appropriate local health department prior to April 15th of each year this contract is in effect The
Concessionaire is responsible for and shall directly pay for any fees charged for such inspections
8 Health Department Permit The Concessionaire will annually obtain a ldquopermit to sellrdquo from the local
health department and submit a copy of said permit to the DEEP Division of State Parks amp Public
Outreach not later than April 30th of each year this contract is in effect Other Permits The
Concessionaire shall be solely responsible for securing any other licenses permits approvals or
waivers required by any other federal state regional or municipal authority having jurisdiction in the
town(s) in which the Concession is located
9 State Property The Concessionaire shall install no fixed equipment nor make any physical changes
to state property without the prior written approval of DEEP Any improvements or permanent fixtures
approved by the DEEP and provided by the Concessionaire during the term of this contract shall
immediately become the property of the State of Connecticut
A-3
10 Public Health Code The Concessionaire agrees to conform to the Public Health Code of the State of
Connecticut concerning the storage handling and vending of food
11 Refuse Disposal The Concessionaire at its sole expense shall be responsible for the proper disposal
and removal of all recyclables and trash generated by operation of the concession For additional
information see the DEEP website for Managing Waste and Recycling at Special Events and Other
Venues the direct URL address for which is
httpwwwctgovdepcwpviewaspa=2714ampq=434054ampdepNav_GID=1645
12 General Maintenance The Concessionaire shall be responsible for maintaining the Concession area
in a clean sanitary and orderly manner
13 Exclusivity With the exception of vending machines and commodities having prior written approval
for DEEP sanctioned events including but not limited to events authorized by a Special Use License
the Concessionaire shall have the exclusive right to sell commodities within the property named
herein
14 Vending Machines The State of Connecticut Board of Education and Services for the Blind (BESB)
shall have exclusive rights to vending machines on the premises of the concessions and other
authorized areas within the park or forest for the purpose of vending foods and beverages and to collect
receipts there from provided that the number and locations of such vending machines shall receive
prior written approval from a representative of the DEEP
15 Rights of Park Visitors The Concessionaire agrees that nothing contained in the terms of this
contract shall prevent visitors from bringing food to the park and preparing such food for personal
consumption including dispensing such food at no charge to other park visitors Park visitors may
also utilize private catering services with advanced written approval of the Park and Recreation
Supervisor Said catering services may only be permitted with the condition that no financial
transactions occur on DEEP property
16 Concession Staffing The concession shall be staffed only by the Concessionaire or its employee(s)
or other agents identified herein unless otherwise authorized by the Commissioner in writing
17 Code of Conduct Due to the public service nature of the Concession the Concessionaire and all
employees of the Concessionaire shall conduct themselves in a courteous respectful and professional
manner with all members of the public
18 Appearance The Concessionaire and its employees shall be clean and neat in appearance Wearing
an item of uniform eg a shirt hat or badge identifying the name of the Concessionaire employee or
business is encouraged
19 Audible Devices The Concessionaire shall activate audible devices (loudspeakers music bells etc)
only in accordance with instructions provided by the Park and Recreation Supervisor Instructions are
subject to change immediately at the discretion of the Park and Recreation Supervisor
20 Concession Location Unless authorized by the Park and Recreation Supervisor to do otherwise the
Concessionaire agrees to
a identify all park-and-sit locations or drive-through routes on a park map
b confine all concession operations to the designated Concession areas
c confine all sales and advertising to the concession vehicle
d provide garbage and recycling receptacles for customer use
21 Food Inspection An authorized representative of the Commissioner may conduct an unannounced
in-season food inspection once per calendar year Upon request the Concessionaire shall provide a
A-4
range of food and beverage items proportionate to one meal to the Commissionerrsquos
representative for food-tasting purposes
22 Financial Reporting Within 30 days of closing the Concession for the season but in no case
later than December 31 of each calendar year that this contract is in effect the Concessionaire
shall submit a certified statement of annual gross receipts attested to by a Notary Public or a
Commissioner of the Superior Court to Department of Energy and Environmental Protection
Bureau of Outdoor Recreation Division of State Parks and Public Outreach 79 Elm Street
Hartford CT 06106-5127
23 Revenue DEEP shall have no responsibility for revenue loss directly or indirectly attributable
to DEEP management actions including but not limited to changes in park or campground
schedules or operations or in services provided to the visiting public DEEP shall have no
responsibility for revenue loss directly or indirectly attributable to uncontrollable phenomena
including but not limited to attendance loss weather conditions or other Acts of God
24 Compliance The Concessionaire agrees to comply with the regulations of the Department of
Energy and Environmental Protection regarding State Park and Forest Recreation Areas and
with any other department policy concerning the operation of concessions
The parties have hereunto set their hands
SIGNED AND DELIVERED below
STATE OF CONNECTICUT
Department of Energy and Environmental
Protection
CONCESSIONAIRE
BY BY
Date Date
Contract ______________
Acct Fund SID DeptId Prog Project Bud
Ref Amount
Funds available Date
Attorney General (Approved as to Form) Date
Page 22 of 23
unapproved change in principal project staff the Commissioner may in the Commissionerrsquos sole discretion
terminate this Contract
11 Further Assurances The Parties shall provide such information execute and deliver any instruments and
documents and take such other actions as may be necessary or reasonably requested by the other Party which
are not inconsistent with the provisions of this Contract and which do not involve the vesting of rights or
assumption of obligations other than those provided for in the Contract in order to give full effect to the
Contract and to carry out the intent of the Contract
12 Third Party Participation The Contractor may make sub-awards using either its own competitive selection
process or the values established in the statersquos competitive selection process as outlined in DAS General Letter
71 whichever is more restrictive to conduct any of the tasks in the Scope of Work contained in Appendix A
The Contractor shall advise the Commissioner of the proposed sub-awardee and the amount allocated at least
two (2) weeks prior to the making of such awards The Commissioner reserves the right to disapprove such
awards if they appear to be inconsistent with the program activities to be conducted under this grant As
required by Sec 46a-68j-23 of the Connecticut Regulations of State Agencies the Contractor must make a good
faith effort based upon the availability of minority business enterprises in the labor market area to award a
reasonable proportion of all subcontracts to such enterprises When minority business enterprises are selected
the Contractor shall provide DEEP with a copy of the Affidavit for Certification of Subcontractors as Minority
Business Enterprises (MBE) along with a copy of the purchase order or contract engaging the Subcontractor
The Contractor shall be the sole point of contact concerning the management of the Contract including
performance and payment issues The Contractor is solely and completely responsible for adherence by any
subcontractor to all the applicable provisions of the Contract
13 Americans with Disabilities Act The Contractor shall be and remain in compliance with the Americans with
Disabilities Act of 1990 (ldquoActrdquo) to the extent applicable during the term of the Contract The DEEP may
cancel the Contract if the Contractor fails to comply with the Act
14 Affirmative Action and Sexual Harassment Policies The Contractor agrees to comply with the Departments
Affirmative Action and Sexual Harassment Policies available on DEEPrsquos web site Hard copies of the policy
statements are available upon request at DEEP
15 Breach If either Party breaches the Contract in any respect the non-breaching Party shall provide written
notice of the breach to the breaching Party and afford the breaching Party an opportunity to cure within ten (10)
days from the date that the breaching Party receives the notice In the case of a Contractor breach any other
time period which the Agency sets forth in the notice shall trump the ten (10) days The right to cure period
shall be extended if the non-breaching Party is satisfied that the breaching Party is making a good faith effort
to cure but the nature of the breach is such that it cannot be cured within the right to cure period The notice
may include an effective Contract Termination date if the breach is not cured by the stated date and unless
otherwise modified by the non-breaching Party in writing prior to the Termination date no further action shall
be required of any Party to effect the Termination as of the stated date If the notice does not set forth an
effective Contract Termination date then the non-breaching Party may Terminate the Contract by giving the
breaching Party no less than twenty four (24) hours prior written notice If the Agency believes that the
Contractor has not performed according to the Contract the Agency may withhold payment in whole or in part
pending resolution of the Performance issue provided that the Agency notifies the Contractor in writing prior
to the date that the payment would have been due
16 Severability If any term or provision of the Contract or its application to any person entity or circumstance
shall to any extent be held to be invalid or unenforceable the remainder of the Contract or the application of
such term or provision shall not be affected as to persons entities or circumstances other than those as to whom
or to which it is held to be invalid or unenforceable Each remaining term and provision of the Contract shall
be valid and enforced to the fullest extent possible by law
17 The Town Guarantee The Town shall furnish adequate protection from damage for all work and to repair any
damage of any kind for which he or his workmen are responsible to premises or any equipment to his own
work or to the work of the Agency pay for all permits licenses and fees and to give all notices and comply
with all laws ordinances rules and regulations of the city state and federal government
18 Force Majeure The Parties shall not be excused from their obligation to perform in accordance with the
Contract except in the case of Force Majeure events and as otherwise provided for in the Contract A Force
Majeure event materially affects the cost of the Goods or Services or the time schedule for performance and is
outside the control nor caused by the Parties In the case of any such exception the nonperforming Party shall
give immediate written notice to the other explaining the cause and probable duration of any such
Page 23 of 23
nonperformance
19 Entirety of Contract The Contract is the entire agreement between the Parties with respect to its subject matter
and supersedes all prior agreements proposals offers counteroffers and understandings of the Parties whether
written or oral The Contract has been entered into after full investigation neither Party relying upon any
statement or representation by the other unless such statement or representation is specifically embodied in the
Contract
20 Interpretation The Contract contains numerous references to statutes and regulations For purposes of
interpretation conflict resolution and otherwise the content of those statutes and regulations shall govern over
the content of the reference in the Contract to those statutes and regulations
A-1
Attachment A
Scope of Work
Mobile Food and Beverage Concession Services
1 Insurance The Concessionaire shall furnish evidence of insurance A Certificate of Insurance
covering each annual period of this contract shall reflect the following limits and shall be submitted
by the Concessionaire to the Department of Energy and Environmental Protection by April 1 of each
year this contract is in effect
a Commercial General Liability insurance providing a total limit of $1000000 for all damages
arising from bodily injury to or death of all persons in any accident or occurrence and for all
damages arising from the destruction of or damage to property in any one accident or occurrence
In cases where any insurance policy shows an aggregate limit the aggregate shall apply solely to
the concession operation or the aggregate limit shall be not less than $2000000
b The operation of all motor vehicles including those hired or borrowed used in connection with
this contract shall be covered by Automobile Liability insurance providing for a total limit of
$1000000 for all damages arising from bodily injuries to or death of all persons in any one
accident or occurrence and for all damages arising from the destruction of or damage to property
in any one accident or occurrence In cases where any insurance policy shows an aggregate limit
the aggregate shall apply solely to the concession operation or the aggregate limit shall be not less
than $2000000
c The Concessionaire shall carry Workerrsquos Compensation insurance in accordance with the
requirements of the laws of the State of Connecticut
d Said coveragersquos are to be provided by insurance companies licensed by the State of Connecticut
e Any deductibles or self-insured retentions must be declared and approved by the State
f The State of Connecticut shall be listed as an Additional Insured on all required coverage
2 Commodities and Price List
a The Concessionaire shall be allowed to sell food and beverages as approved in advance by the
Commissioner
b The Concessionaire shall be allowed to sell souvenirs and other outdoor recreation related
merchandise hereinafter referred to collectively as merchandise as approved in advance by the
Commissioner
c By April 1 of each year that this contract is in effect the Concessionaire shall submit for approval
a price list of all foods beverages and merchandise for sale hereinafter referred to collectively as
commodities to the Department of Energy and Environmental Protection Bureau of Outdoor
Recreation Division of State Parks and Public Outreach 79 Elm Street Hartford CT 06106-5127
d Any price increases or additions of commodities are subject to the prior written approval of the
Commissioner
e The Concessionaire shall post a price list of all commodities for sale in full public view while in
operation
f Whenever the park name is used on merchandise the complete park name shall be used
g The Concessionaire warrants that all commodities offered for sale shall not exceed in price nor be
substandard in quality or quantity to like commodities sold in the surrounding community
A-2
3 Sunscreen All concession operations in a park having a designated swimming area shall have
sunscreen with a Sun Protection Factor (SPF) of at least 15 for adults and 45 for children available for
sale to the general public
4 Use of Biodegradable Products To the extent practicable the Concessionaire agrees to use
recyclable and biodegradable products and packaging in all of its operations ie paper products or
products containing recycled contents The Concessionaire agrees to not dispense food or beverages
in close-celled foam-based containers
5 Prohibitions The Concessionaire shall not
a dispense food or beverages in glass containers
b dispense alcoholic beverages
c sell snorkels beach balls rafts or other inflatable or buoyant devices except US Coast Guard
approved personal flotation devices (PFDs)
d permit gratuities to employees of the State of Connecticut
e provide video or pinball games
6 Hours of Operation
a The Concessionaire may operate the Concession daily between 800 am and sunset on any day
that this contract is in effect
b From the Saturday before Memorial Day through July 4th the Concessionaire shall open the
concession on Saturdays Sundays and holidays not later than 1100 am except during inclement
weather and the concession shall remain open at least until three hours before but not later than
sunset
c From July 4th through Labor Day the Concessionaire shall open the concession daily not later than
1100 am except during inclement weather and the concession shall remain open at least until
three hours before but not later than sunset
d Deviations from the above stated schedules are allowable but must receive advanced approval in
writing from the Park and Recreation Supervisor
e When closing due to inclement weather the Concessionaire shall immediately notify the Park and
Recreation Supervisor The Concessionaire shall keep in the concession vehicle at all times a log
of all closures due to inclement weather and it shall be immediately available to the Park and
Recreation Supervisor upon request for inspection
f Within 30 days of closing the concession for the season but in no case later than December 31 of
each calendar year that this contract is in effect the Concessionaire shall submit an Annual
Inclement Weather Closure Report to the Park and Recreation Supervisor
7 Health Department Inspections The Concessionaire is responsible for scheduling inspections by
the appropriate local health department prior to April 15th of each year this contract is in effect The
Concessionaire is responsible for and shall directly pay for any fees charged for such inspections
8 Health Department Permit The Concessionaire will annually obtain a ldquopermit to sellrdquo from the local
health department and submit a copy of said permit to the DEEP Division of State Parks amp Public
Outreach not later than April 30th of each year this contract is in effect Other Permits The
Concessionaire shall be solely responsible for securing any other licenses permits approvals or
waivers required by any other federal state regional or municipal authority having jurisdiction in the
town(s) in which the Concession is located
9 State Property The Concessionaire shall install no fixed equipment nor make any physical changes
to state property without the prior written approval of DEEP Any improvements or permanent fixtures
approved by the DEEP and provided by the Concessionaire during the term of this contract shall
immediately become the property of the State of Connecticut
A-3
10 Public Health Code The Concessionaire agrees to conform to the Public Health Code of the State of
Connecticut concerning the storage handling and vending of food
11 Refuse Disposal The Concessionaire at its sole expense shall be responsible for the proper disposal
and removal of all recyclables and trash generated by operation of the concession For additional
information see the DEEP website for Managing Waste and Recycling at Special Events and Other
Venues the direct URL address for which is
httpwwwctgovdepcwpviewaspa=2714ampq=434054ampdepNav_GID=1645
12 General Maintenance The Concessionaire shall be responsible for maintaining the Concession area
in a clean sanitary and orderly manner
13 Exclusivity With the exception of vending machines and commodities having prior written approval
for DEEP sanctioned events including but not limited to events authorized by a Special Use License
the Concessionaire shall have the exclusive right to sell commodities within the property named
herein
14 Vending Machines The State of Connecticut Board of Education and Services for the Blind (BESB)
shall have exclusive rights to vending machines on the premises of the concessions and other
authorized areas within the park or forest for the purpose of vending foods and beverages and to collect
receipts there from provided that the number and locations of such vending machines shall receive
prior written approval from a representative of the DEEP
15 Rights of Park Visitors The Concessionaire agrees that nothing contained in the terms of this
contract shall prevent visitors from bringing food to the park and preparing such food for personal
consumption including dispensing such food at no charge to other park visitors Park visitors may
also utilize private catering services with advanced written approval of the Park and Recreation
Supervisor Said catering services may only be permitted with the condition that no financial
transactions occur on DEEP property
16 Concession Staffing The concession shall be staffed only by the Concessionaire or its employee(s)
or other agents identified herein unless otherwise authorized by the Commissioner in writing
17 Code of Conduct Due to the public service nature of the Concession the Concessionaire and all
employees of the Concessionaire shall conduct themselves in a courteous respectful and professional
manner with all members of the public
18 Appearance The Concessionaire and its employees shall be clean and neat in appearance Wearing
an item of uniform eg a shirt hat or badge identifying the name of the Concessionaire employee or
business is encouraged
19 Audible Devices The Concessionaire shall activate audible devices (loudspeakers music bells etc)
only in accordance with instructions provided by the Park and Recreation Supervisor Instructions are
subject to change immediately at the discretion of the Park and Recreation Supervisor
20 Concession Location Unless authorized by the Park and Recreation Supervisor to do otherwise the
Concessionaire agrees to
a identify all park-and-sit locations or drive-through routes on a park map
b confine all concession operations to the designated Concession areas
c confine all sales and advertising to the concession vehicle
d provide garbage and recycling receptacles for customer use
21 Food Inspection An authorized representative of the Commissioner may conduct an unannounced
in-season food inspection once per calendar year Upon request the Concessionaire shall provide a
A-4
range of food and beverage items proportionate to one meal to the Commissionerrsquos
representative for food-tasting purposes
22 Financial Reporting Within 30 days of closing the Concession for the season but in no case
later than December 31 of each calendar year that this contract is in effect the Concessionaire
shall submit a certified statement of annual gross receipts attested to by a Notary Public or a
Commissioner of the Superior Court to Department of Energy and Environmental Protection
Bureau of Outdoor Recreation Division of State Parks and Public Outreach 79 Elm Street
Hartford CT 06106-5127
23 Revenue DEEP shall have no responsibility for revenue loss directly or indirectly attributable
to DEEP management actions including but not limited to changes in park or campground
schedules or operations or in services provided to the visiting public DEEP shall have no
responsibility for revenue loss directly or indirectly attributable to uncontrollable phenomena
including but not limited to attendance loss weather conditions or other Acts of God
24 Compliance The Concessionaire agrees to comply with the regulations of the Department of
Energy and Environmental Protection regarding State Park and Forest Recreation Areas and
with any other department policy concerning the operation of concessions
The parties have hereunto set their hands
SIGNED AND DELIVERED below
STATE OF CONNECTICUT
Department of Energy and Environmental
Protection
CONCESSIONAIRE
BY BY
Date Date
Contract ______________
Acct Fund SID DeptId Prog Project Bud
Ref Amount
Funds available Date
Attorney General (Approved as to Form) Date
Page 23 of 23
nonperformance
19 Entirety of Contract The Contract is the entire agreement between the Parties with respect to its subject matter
and supersedes all prior agreements proposals offers counteroffers and understandings of the Parties whether
written or oral The Contract has been entered into after full investigation neither Party relying upon any
statement or representation by the other unless such statement or representation is specifically embodied in the
Contract
20 Interpretation The Contract contains numerous references to statutes and regulations For purposes of
interpretation conflict resolution and otherwise the content of those statutes and regulations shall govern over
the content of the reference in the Contract to those statutes and regulations
A-1
Attachment A
Scope of Work
Mobile Food and Beverage Concession Services
1 Insurance The Concessionaire shall furnish evidence of insurance A Certificate of Insurance
covering each annual period of this contract shall reflect the following limits and shall be submitted
by the Concessionaire to the Department of Energy and Environmental Protection by April 1 of each
year this contract is in effect
a Commercial General Liability insurance providing a total limit of $1000000 for all damages
arising from bodily injury to or death of all persons in any accident or occurrence and for all
damages arising from the destruction of or damage to property in any one accident or occurrence
In cases where any insurance policy shows an aggregate limit the aggregate shall apply solely to
the concession operation or the aggregate limit shall be not less than $2000000
b The operation of all motor vehicles including those hired or borrowed used in connection with
this contract shall be covered by Automobile Liability insurance providing for a total limit of
$1000000 for all damages arising from bodily injuries to or death of all persons in any one
accident or occurrence and for all damages arising from the destruction of or damage to property
in any one accident or occurrence In cases where any insurance policy shows an aggregate limit
the aggregate shall apply solely to the concession operation or the aggregate limit shall be not less
than $2000000
c The Concessionaire shall carry Workerrsquos Compensation insurance in accordance with the
requirements of the laws of the State of Connecticut
d Said coveragersquos are to be provided by insurance companies licensed by the State of Connecticut
e Any deductibles or self-insured retentions must be declared and approved by the State
f The State of Connecticut shall be listed as an Additional Insured on all required coverage
2 Commodities and Price List
a The Concessionaire shall be allowed to sell food and beverages as approved in advance by the
Commissioner
b The Concessionaire shall be allowed to sell souvenirs and other outdoor recreation related
merchandise hereinafter referred to collectively as merchandise as approved in advance by the
Commissioner
c By April 1 of each year that this contract is in effect the Concessionaire shall submit for approval
a price list of all foods beverages and merchandise for sale hereinafter referred to collectively as
commodities to the Department of Energy and Environmental Protection Bureau of Outdoor
Recreation Division of State Parks and Public Outreach 79 Elm Street Hartford CT 06106-5127
d Any price increases or additions of commodities are subject to the prior written approval of the
Commissioner
e The Concessionaire shall post a price list of all commodities for sale in full public view while in
operation
f Whenever the park name is used on merchandise the complete park name shall be used
g The Concessionaire warrants that all commodities offered for sale shall not exceed in price nor be
substandard in quality or quantity to like commodities sold in the surrounding community
A-2
3 Sunscreen All concession operations in a park having a designated swimming area shall have
sunscreen with a Sun Protection Factor (SPF) of at least 15 for adults and 45 for children available for
sale to the general public
4 Use of Biodegradable Products To the extent practicable the Concessionaire agrees to use
recyclable and biodegradable products and packaging in all of its operations ie paper products or
products containing recycled contents The Concessionaire agrees to not dispense food or beverages
in close-celled foam-based containers
5 Prohibitions The Concessionaire shall not
a dispense food or beverages in glass containers
b dispense alcoholic beverages
c sell snorkels beach balls rafts or other inflatable or buoyant devices except US Coast Guard
approved personal flotation devices (PFDs)
d permit gratuities to employees of the State of Connecticut
e provide video or pinball games
6 Hours of Operation
a The Concessionaire may operate the Concession daily between 800 am and sunset on any day
that this contract is in effect
b From the Saturday before Memorial Day through July 4th the Concessionaire shall open the
concession on Saturdays Sundays and holidays not later than 1100 am except during inclement
weather and the concession shall remain open at least until three hours before but not later than
sunset
c From July 4th through Labor Day the Concessionaire shall open the concession daily not later than
1100 am except during inclement weather and the concession shall remain open at least until
three hours before but not later than sunset
d Deviations from the above stated schedules are allowable but must receive advanced approval in
writing from the Park and Recreation Supervisor
e When closing due to inclement weather the Concessionaire shall immediately notify the Park and
Recreation Supervisor The Concessionaire shall keep in the concession vehicle at all times a log
of all closures due to inclement weather and it shall be immediately available to the Park and
Recreation Supervisor upon request for inspection
f Within 30 days of closing the concession for the season but in no case later than December 31 of
each calendar year that this contract is in effect the Concessionaire shall submit an Annual
Inclement Weather Closure Report to the Park and Recreation Supervisor
7 Health Department Inspections The Concessionaire is responsible for scheduling inspections by
the appropriate local health department prior to April 15th of each year this contract is in effect The
Concessionaire is responsible for and shall directly pay for any fees charged for such inspections
8 Health Department Permit The Concessionaire will annually obtain a ldquopermit to sellrdquo from the local
health department and submit a copy of said permit to the DEEP Division of State Parks amp Public
Outreach not later than April 30th of each year this contract is in effect Other Permits The
Concessionaire shall be solely responsible for securing any other licenses permits approvals or
waivers required by any other federal state regional or municipal authority having jurisdiction in the
town(s) in which the Concession is located
9 State Property The Concessionaire shall install no fixed equipment nor make any physical changes
to state property without the prior written approval of DEEP Any improvements or permanent fixtures
approved by the DEEP and provided by the Concessionaire during the term of this contract shall
immediately become the property of the State of Connecticut
A-3
10 Public Health Code The Concessionaire agrees to conform to the Public Health Code of the State of
Connecticut concerning the storage handling and vending of food
11 Refuse Disposal The Concessionaire at its sole expense shall be responsible for the proper disposal
and removal of all recyclables and trash generated by operation of the concession For additional
information see the DEEP website for Managing Waste and Recycling at Special Events and Other
Venues the direct URL address for which is
httpwwwctgovdepcwpviewaspa=2714ampq=434054ampdepNav_GID=1645
12 General Maintenance The Concessionaire shall be responsible for maintaining the Concession area
in a clean sanitary and orderly manner
13 Exclusivity With the exception of vending machines and commodities having prior written approval
for DEEP sanctioned events including but not limited to events authorized by a Special Use License
the Concessionaire shall have the exclusive right to sell commodities within the property named
herein
14 Vending Machines The State of Connecticut Board of Education and Services for the Blind (BESB)
shall have exclusive rights to vending machines on the premises of the concessions and other
authorized areas within the park or forest for the purpose of vending foods and beverages and to collect
receipts there from provided that the number and locations of such vending machines shall receive
prior written approval from a representative of the DEEP
15 Rights of Park Visitors The Concessionaire agrees that nothing contained in the terms of this
contract shall prevent visitors from bringing food to the park and preparing such food for personal
consumption including dispensing such food at no charge to other park visitors Park visitors may
also utilize private catering services with advanced written approval of the Park and Recreation
Supervisor Said catering services may only be permitted with the condition that no financial
transactions occur on DEEP property
16 Concession Staffing The concession shall be staffed only by the Concessionaire or its employee(s)
or other agents identified herein unless otherwise authorized by the Commissioner in writing
17 Code of Conduct Due to the public service nature of the Concession the Concessionaire and all
employees of the Concessionaire shall conduct themselves in a courteous respectful and professional
manner with all members of the public
18 Appearance The Concessionaire and its employees shall be clean and neat in appearance Wearing
an item of uniform eg a shirt hat or badge identifying the name of the Concessionaire employee or
business is encouraged
19 Audible Devices The Concessionaire shall activate audible devices (loudspeakers music bells etc)
only in accordance with instructions provided by the Park and Recreation Supervisor Instructions are
subject to change immediately at the discretion of the Park and Recreation Supervisor
20 Concession Location Unless authorized by the Park and Recreation Supervisor to do otherwise the
Concessionaire agrees to
a identify all park-and-sit locations or drive-through routes on a park map
b confine all concession operations to the designated Concession areas
c confine all sales and advertising to the concession vehicle
d provide garbage and recycling receptacles for customer use
21 Food Inspection An authorized representative of the Commissioner may conduct an unannounced
in-season food inspection once per calendar year Upon request the Concessionaire shall provide a
A-4
range of food and beverage items proportionate to one meal to the Commissionerrsquos
representative for food-tasting purposes
22 Financial Reporting Within 30 days of closing the Concession for the season but in no case
later than December 31 of each calendar year that this contract is in effect the Concessionaire
shall submit a certified statement of annual gross receipts attested to by a Notary Public or a
Commissioner of the Superior Court to Department of Energy and Environmental Protection
Bureau of Outdoor Recreation Division of State Parks and Public Outreach 79 Elm Street
Hartford CT 06106-5127
23 Revenue DEEP shall have no responsibility for revenue loss directly or indirectly attributable
to DEEP management actions including but not limited to changes in park or campground
schedules or operations or in services provided to the visiting public DEEP shall have no
responsibility for revenue loss directly or indirectly attributable to uncontrollable phenomena
including but not limited to attendance loss weather conditions or other Acts of God
24 Compliance The Concessionaire agrees to comply with the regulations of the Department of
Energy and Environmental Protection regarding State Park and Forest Recreation Areas and
with any other department policy concerning the operation of concessions
The parties have hereunto set their hands
SIGNED AND DELIVERED below
STATE OF CONNECTICUT
Department of Energy and Environmental
Protection
CONCESSIONAIRE
BY BY
Date Date
Contract ______________
Acct Fund SID DeptId Prog Project Bud
Ref Amount
Funds available Date
Attorney General (Approved as to Form) Date
A-1
Attachment A
Scope of Work
Mobile Food and Beverage Concession Services
1 Insurance The Concessionaire shall furnish evidence of insurance A Certificate of Insurance
covering each annual period of this contract shall reflect the following limits and shall be submitted
by the Concessionaire to the Department of Energy and Environmental Protection by April 1 of each
year this contract is in effect
a Commercial General Liability insurance providing a total limit of $1000000 for all damages
arising from bodily injury to or death of all persons in any accident or occurrence and for all
damages arising from the destruction of or damage to property in any one accident or occurrence
In cases where any insurance policy shows an aggregate limit the aggregate shall apply solely to
the concession operation or the aggregate limit shall be not less than $2000000
b The operation of all motor vehicles including those hired or borrowed used in connection with
this contract shall be covered by Automobile Liability insurance providing for a total limit of
$1000000 for all damages arising from bodily injuries to or death of all persons in any one
accident or occurrence and for all damages arising from the destruction of or damage to property
in any one accident or occurrence In cases where any insurance policy shows an aggregate limit
the aggregate shall apply solely to the concession operation or the aggregate limit shall be not less
than $2000000
c The Concessionaire shall carry Workerrsquos Compensation insurance in accordance with the
requirements of the laws of the State of Connecticut
d Said coveragersquos are to be provided by insurance companies licensed by the State of Connecticut
e Any deductibles or self-insured retentions must be declared and approved by the State
f The State of Connecticut shall be listed as an Additional Insured on all required coverage
2 Commodities and Price List
a The Concessionaire shall be allowed to sell food and beverages as approved in advance by the
Commissioner
b The Concessionaire shall be allowed to sell souvenirs and other outdoor recreation related
merchandise hereinafter referred to collectively as merchandise as approved in advance by the
Commissioner
c By April 1 of each year that this contract is in effect the Concessionaire shall submit for approval
a price list of all foods beverages and merchandise for sale hereinafter referred to collectively as
commodities to the Department of Energy and Environmental Protection Bureau of Outdoor
Recreation Division of State Parks and Public Outreach 79 Elm Street Hartford CT 06106-5127
d Any price increases or additions of commodities are subject to the prior written approval of the
Commissioner
e The Concessionaire shall post a price list of all commodities for sale in full public view while in
operation
f Whenever the park name is used on merchandise the complete park name shall be used
g The Concessionaire warrants that all commodities offered for sale shall not exceed in price nor be
substandard in quality or quantity to like commodities sold in the surrounding community
A-2
3 Sunscreen All concession operations in a park having a designated swimming area shall have
sunscreen with a Sun Protection Factor (SPF) of at least 15 for adults and 45 for children available for
sale to the general public
4 Use of Biodegradable Products To the extent practicable the Concessionaire agrees to use
recyclable and biodegradable products and packaging in all of its operations ie paper products or
products containing recycled contents The Concessionaire agrees to not dispense food or beverages
in close-celled foam-based containers
5 Prohibitions The Concessionaire shall not
a dispense food or beverages in glass containers
b dispense alcoholic beverages
c sell snorkels beach balls rafts or other inflatable or buoyant devices except US Coast Guard
approved personal flotation devices (PFDs)
d permit gratuities to employees of the State of Connecticut
e provide video or pinball games
6 Hours of Operation
a The Concessionaire may operate the Concession daily between 800 am and sunset on any day
that this contract is in effect
b From the Saturday before Memorial Day through July 4th the Concessionaire shall open the
concession on Saturdays Sundays and holidays not later than 1100 am except during inclement
weather and the concession shall remain open at least until three hours before but not later than
sunset
c From July 4th through Labor Day the Concessionaire shall open the concession daily not later than
1100 am except during inclement weather and the concession shall remain open at least until
three hours before but not later than sunset
d Deviations from the above stated schedules are allowable but must receive advanced approval in
writing from the Park and Recreation Supervisor
e When closing due to inclement weather the Concessionaire shall immediately notify the Park and
Recreation Supervisor The Concessionaire shall keep in the concession vehicle at all times a log
of all closures due to inclement weather and it shall be immediately available to the Park and
Recreation Supervisor upon request for inspection
f Within 30 days of closing the concession for the season but in no case later than December 31 of
each calendar year that this contract is in effect the Concessionaire shall submit an Annual
Inclement Weather Closure Report to the Park and Recreation Supervisor
7 Health Department Inspections The Concessionaire is responsible for scheduling inspections by
the appropriate local health department prior to April 15th of each year this contract is in effect The
Concessionaire is responsible for and shall directly pay for any fees charged for such inspections
8 Health Department Permit The Concessionaire will annually obtain a ldquopermit to sellrdquo from the local
health department and submit a copy of said permit to the DEEP Division of State Parks amp Public
Outreach not later than April 30th of each year this contract is in effect Other Permits The
Concessionaire shall be solely responsible for securing any other licenses permits approvals or
waivers required by any other federal state regional or municipal authority having jurisdiction in the
town(s) in which the Concession is located
9 State Property The Concessionaire shall install no fixed equipment nor make any physical changes
to state property without the prior written approval of DEEP Any improvements or permanent fixtures
approved by the DEEP and provided by the Concessionaire during the term of this contract shall
immediately become the property of the State of Connecticut
A-3
10 Public Health Code The Concessionaire agrees to conform to the Public Health Code of the State of
Connecticut concerning the storage handling and vending of food
11 Refuse Disposal The Concessionaire at its sole expense shall be responsible for the proper disposal
and removal of all recyclables and trash generated by operation of the concession For additional
information see the DEEP website for Managing Waste and Recycling at Special Events and Other
Venues the direct URL address for which is
httpwwwctgovdepcwpviewaspa=2714ampq=434054ampdepNav_GID=1645
12 General Maintenance The Concessionaire shall be responsible for maintaining the Concession area
in a clean sanitary and orderly manner
13 Exclusivity With the exception of vending machines and commodities having prior written approval
for DEEP sanctioned events including but not limited to events authorized by a Special Use License
the Concessionaire shall have the exclusive right to sell commodities within the property named
herein
14 Vending Machines The State of Connecticut Board of Education and Services for the Blind (BESB)
shall have exclusive rights to vending machines on the premises of the concessions and other
authorized areas within the park or forest for the purpose of vending foods and beverages and to collect
receipts there from provided that the number and locations of such vending machines shall receive
prior written approval from a representative of the DEEP
15 Rights of Park Visitors The Concessionaire agrees that nothing contained in the terms of this
contract shall prevent visitors from bringing food to the park and preparing such food for personal
consumption including dispensing such food at no charge to other park visitors Park visitors may
also utilize private catering services with advanced written approval of the Park and Recreation
Supervisor Said catering services may only be permitted with the condition that no financial
transactions occur on DEEP property
16 Concession Staffing The concession shall be staffed only by the Concessionaire or its employee(s)
or other agents identified herein unless otherwise authorized by the Commissioner in writing
17 Code of Conduct Due to the public service nature of the Concession the Concessionaire and all
employees of the Concessionaire shall conduct themselves in a courteous respectful and professional
manner with all members of the public
18 Appearance The Concessionaire and its employees shall be clean and neat in appearance Wearing
an item of uniform eg a shirt hat or badge identifying the name of the Concessionaire employee or
business is encouraged
19 Audible Devices The Concessionaire shall activate audible devices (loudspeakers music bells etc)
only in accordance with instructions provided by the Park and Recreation Supervisor Instructions are
subject to change immediately at the discretion of the Park and Recreation Supervisor
20 Concession Location Unless authorized by the Park and Recreation Supervisor to do otherwise the
Concessionaire agrees to
a identify all park-and-sit locations or drive-through routes on a park map
b confine all concession operations to the designated Concession areas
c confine all sales and advertising to the concession vehicle
d provide garbage and recycling receptacles for customer use
21 Food Inspection An authorized representative of the Commissioner may conduct an unannounced
in-season food inspection once per calendar year Upon request the Concessionaire shall provide a
A-4
range of food and beverage items proportionate to one meal to the Commissionerrsquos
representative for food-tasting purposes
22 Financial Reporting Within 30 days of closing the Concession for the season but in no case
later than December 31 of each calendar year that this contract is in effect the Concessionaire
shall submit a certified statement of annual gross receipts attested to by a Notary Public or a
Commissioner of the Superior Court to Department of Energy and Environmental Protection
Bureau of Outdoor Recreation Division of State Parks and Public Outreach 79 Elm Street
Hartford CT 06106-5127
23 Revenue DEEP shall have no responsibility for revenue loss directly or indirectly attributable
to DEEP management actions including but not limited to changes in park or campground
schedules or operations or in services provided to the visiting public DEEP shall have no
responsibility for revenue loss directly or indirectly attributable to uncontrollable phenomena
including but not limited to attendance loss weather conditions or other Acts of God
24 Compliance The Concessionaire agrees to comply with the regulations of the Department of
Energy and Environmental Protection regarding State Park and Forest Recreation Areas and
with any other department policy concerning the operation of concessions
The parties have hereunto set their hands
SIGNED AND DELIVERED below
STATE OF CONNECTICUT
Department of Energy and Environmental
Protection
CONCESSIONAIRE
BY BY
Date Date
Contract ______________
Acct Fund SID DeptId Prog Project Bud
Ref Amount
Funds available Date
Attorney General (Approved as to Form) Date
A-2
3 Sunscreen All concession operations in a park having a designated swimming area shall have
sunscreen with a Sun Protection Factor (SPF) of at least 15 for adults and 45 for children available for
sale to the general public
4 Use of Biodegradable Products To the extent practicable the Concessionaire agrees to use
recyclable and biodegradable products and packaging in all of its operations ie paper products or
products containing recycled contents The Concessionaire agrees to not dispense food or beverages
in close-celled foam-based containers
5 Prohibitions The Concessionaire shall not
a dispense food or beverages in glass containers
b dispense alcoholic beverages
c sell snorkels beach balls rafts or other inflatable or buoyant devices except US Coast Guard
approved personal flotation devices (PFDs)
d permit gratuities to employees of the State of Connecticut
e provide video or pinball games
6 Hours of Operation
a The Concessionaire may operate the Concession daily between 800 am and sunset on any day
that this contract is in effect
b From the Saturday before Memorial Day through July 4th the Concessionaire shall open the
concession on Saturdays Sundays and holidays not later than 1100 am except during inclement
weather and the concession shall remain open at least until three hours before but not later than
sunset
c From July 4th through Labor Day the Concessionaire shall open the concession daily not later than
1100 am except during inclement weather and the concession shall remain open at least until
three hours before but not later than sunset
d Deviations from the above stated schedules are allowable but must receive advanced approval in
writing from the Park and Recreation Supervisor
e When closing due to inclement weather the Concessionaire shall immediately notify the Park and
Recreation Supervisor The Concessionaire shall keep in the concession vehicle at all times a log
of all closures due to inclement weather and it shall be immediately available to the Park and
Recreation Supervisor upon request for inspection
f Within 30 days of closing the concession for the season but in no case later than December 31 of
each calendar year that this contract is in effect the Concessionaire shall submit an Annual
Inclement Weather Closure Report to the Park and Recreation Supervisor
7 Health Department Inspections The Concessionaire is responsible for scheduling inspections by
the appropriate local health department prior to April 15th of each year this contract is in effect The
Concessionaire is responsible for and shall directly pay for any fees charged for such inspections
8 Health Department Permit The Concessionaire will annually obtain a ldquopermit to sellrdquo from the local
health department and submit a copy of said permit to the DEEP Division of State Parks amp Public
Outreach not later than April 30th of each year this contract is in effect Other Permits The
Concessionaire shall be solely responsible for securing any other licenses permits approvals or
waivers required by any other federal state regional or municipal authority having jurisdiction in the
town(s) in which the Concession is located
9 State Property The Concessionaire shall install no fixed equipment nor make any physical changes
to state property without the prior written approval of DEEP Any improvements or permanent fixtures
approved by the DEEP and provided by the Concessionaire during the term of this contract shall
immediately become the property of the State of Connecticut
A-3
10 Public Health Code The Concessionaire agrees to conform to the Public Health Code of the State of
Connecticut concerning the storage handling and vending of food
11 Refuse Disposal The Concessionaire at its sole expense shall be responsible for the proper disposal
and removal of all recyclables and trash generated by operation of the concession For additional
information see the DEEP website for Managing Waste and Recycling at Special Events and Other
Venues the direct URL address for which is
httpwwwctgovdepcwpviewaspa=2714ampq=434054ampdepNav_GID=1645
12 General Maintenance The Concessionaire shall be responsible for maintaining the Concession area
in a clean sanitary and orderly manner
13 Exclusivity With the exception of vending machines and commodities having prior written approval
for DEEP sanctioned events including but not limited to events authorized by a Special Use License
the Concessionaire shall have the exclusive right to sell commodities within the property named
herein
14 Vending Machines The State of Connecticut Board of Education and Services for the Blind (BESB)
shall have exclusive rights to vending machines on the premises of the concessions and other
authorized areas within the park or forest for the purpose of vending foods and beverages and to collect
receipts there from provided that the number and locations of such vending machines shall receive
prior written approval from a representative of the DEEP
15 Rights of Park Visitors The Concessionaire agrees that nothing contained in the terms of this
contract shall prevent visitors from bringing food to the park and preparing such food for personal
consumption including dispensing such food at no charge to other park visitors Park visitors may
also utilize private catering services with advanced written approval of the Park and Recreation
Supervisor Said catering services may only be permitted with the condition that no financial
transactions occur on DEEP property
16 Concession Staffing The concession shall be staffed only by the Concessionaire or its employee(s)
or other agents identified herein unless otherwise authorized by the Commissioner in writing
17 Code of Conduct Due to the public service nature of the Concession the Concessionaire and all
employees of the Concessionaire shall conduct themselves in a courteous respectful and professional
manner with all members of the public
18 Appearance The Concessionaire and its employees shall be clean and neat in appearance Wearing
an item of uniform eg a shirt hat or badge identifying the name of the Concessionaire employee or
business is encouraged
19 Audible Devices The Concessionaire shall activate audible devices (loudspeakers music bells etc)
only in accordance with instructions provided by the Park and Recreation Supervisor Instructions are
subject to change immediately at the discretion of the Park and Recreation Supervisor
20 Concession Location Unless authorized by the Park and Recreation Supervisor to do otherwise the
Concessionaire agrees to
a identify all park-and-sit locations or drive-through routes on a park map
b confine all concession operations to the designated Concession areas
c confine all sales and advertising to the concession vehicle
d provide garbage and recycling receptacles for customer use
21 Food Inspection An authorized representative of the Commissioner may conduct an unannounced
in-season food inspection once per calendar year Upon request the Concessionaire shall provide a
A-4
range of food and beverage items proportionate to one meal to the Commissionerrsquos
representative for food-tasting purposes
22 Financial Reporting Within 30 days of closing the Concession for the season but in no case
later than December 31 of each calendar year that this contract is in effect the Concessionaire
shall submit a certified statement of annual gross receipts attested to by a Notary Public or a
Commissioner of the Superior Court to Department of Energy and Environmental Protection
Bureau of Outdoor Recreation Division of State Parks and Public Outreach 79 Elm Street
Hartford CT 06106-5127
23 Revenue DEEP shall have no responsibility for revenue loss directly or indirectly attributable
to DEEP management actions including but not limited to changes in park or campground
schedules or operations or in services provided to the visiting public DEEP shall have no
responsibility for revenue loss directly or indirectly attributable to uncontrollable phenomena
including but not limited to attendance loss weather conditions or other Acts of God
24 Compliance The Concessionaire agrees to comply with the regulations of the Department of
Energy and Environmental Protection regarding State Park and Forest Recreation Areas and
with any other department policy concerning the operation of concessions
The parties have hereunto set their hands
SIGNED AND DELIVERED below
STATE OF CONNECTICUT
Department of Energy and Environmental
Protection
CONCESSIONAIRE
BY BY
Date Date
Contract ______________
Acct Fund SID DeptId Prog Project Bud
Ref Amount
Funds available Date
Attorney General (Approved as to Form) Date
A-3
10 Public Health Code The Concessionaire agrees to conform to the Public Health Code of the State of
Connecticut concerning the storage handling and vending of food
11 Refuse Disposal The Concessionaire at its sole expense shall be responsible for the proper disposal
and removal of all recyclables and trash generated by operation of the concession For additional
information see the DEEP website for Managing Waste and Recycling at Special Events and Other
Venues the direct URL address for which is
httpwwwctgovdepcwpviewaspa=2714ampq=434054ampdepNav_GID=1645
12 General Maintenance The Concessionaire shall be responsible for maintaining the Concession area
in a clean sanitary and orderly manner
13 Exclusivity With the exception of vending machines and commodities having prior written approval
for DEEP sanctioned events including but not limited to events authorized by a Special Use License
the Concessionaire shall have the exclusive right to sell commodities within the property named
herein
14 Vending Machines The State of Connecticut Board of Education and Services for the Blind (BESB)
shall have exclusive rights to vending machines on the premises of the concessions and other
authorized areas within the park or forest for the purpose of vending foods and beverages and to collect
receipts there from provided that the number and locations of such vending machines shall receive
prior written approval from a representative of the DEEP
15 Rights of Park Visitors The Concessionaire agrees that nothing contained in the terms of this
contract shall prevent visitors from bringing food to the park and preparing such food for personal
consumption including dispensing such food at no charge to other park visitors Park visitors may
also utilize private catering services with advanced written approval of the Park and Recreation
Supervisor Said catering services may only be permitted with the condition that no financial
transactions occur on DEEP property
16 Concession Staffing The concession shall be staffed only by the Concessionaire or its employee(s)
or other agents identified herein unless otherwise authorized by the Commissioner in writing
17 Code of Conduct Due to the public service nature of the Concession the Concessionaire and all
employees of the Concessionaire shall conduct themselves in a courteous respectful and professional
manner with all members of the public
18 Appearance The Concessionaire and its employees shall be clean and neat in appearance Wearing
an item of uniform eg a shirt hat or badge identifying the name of the Concessionaire employee or
business is encouraged
19 Audible Devices The Concessionaire shall activate audible devices (loudspeakers music bells etc)
only in accordance with instructions provided by the Park and Recreation Supervisor Instructions are
subject to change immediately at the discretion of the Park and Recreation Supervisor
20 Concession Location Unless authorized by the Park and Recreation Supervisor to do otherwise the
Concessionaire agrees to
a identify all park-and-sit locations or drive-through routes on a park map
b confine all concession operations to the designated Concession areas
c confine all sales and advertising to the concession vehicle
d provide garbage and recycling receptacles for customer use
21 Food Inspection An authorized representative of the Commissioner may conduct an unannounced
in-season food inspection once per calendar year Upon request the Concessionaire shall provide a
A-4
range of food and beverage items proportionate to one meal to the Commissionerrsquos
representative for food-tasting purposes
22 Financial Reporting Within 30 days of closing the Concession for the season but in no case
later than December 31 of each calendar year that this contract is in effect the Concessionaire
shall submit a certified statement of annual gross receipts attested to by a Notary Public or a
Commissioner of the Superior Court to Department of Energy and Environmental Protection
Bureau of Outdoor Recreation Division of State Parks and Public Outreach 79 Elm Street
Hartford CT 06106-5127
23 Revenue DEEP shall have no responsibility for revenue loss directly or indirectly attributable
to DEEP management actions including but not limited to changes in park or campground
schedules or operations or in services provided to the visiting public DEEP shall have no
responsibility for revenue loss directly or indirectly attributable to uncontrollable phenomena
including but not limited to attendance loss weather conditions or other Acts of God
24 Compliance The Concessionaire agrees to comply with the regulations of the Department of
Energy and Environmental Protection regarding State Park and Forest Recreation Areas and
with any other department policy concerning the operation of concessions
The parties have hereunto set their hands
SIGNED AND DELIVERED below
STATE OF CONNECTICUT
Department of Energy and Environmental
Protection
CONCESSIONAIRE
BY BY
Date Date
Contract ______________
Acct Fund SID DeptId Prog Project Bud
Ref Amount
Funds available Date
Attorney General (Approved as to Form) Date
A-4
range of food and beverage items proportionate to one meal to the Commissionerrsquos
representative for food-tasting purposes
22 Financial Reporting Within 30 days of closing the Concession for the season but in no case
later than December 31 of each calendar year that this contract is in effect the Concessionaire
shall submit a certified statement of annual gross receipts attested to by a Notary Public or a
Commissioner of the Superior Court to Department of Energy and Environmental Protection
Bureau of Outdoor Recreation Division of State Parks and Public Outreach 79 Elm Street
Hartford CT 06106-5127
23 Revenue DEEP shall have no responsibility for revenue loss directly or indirectly attributable
to DEEP management actions including but not limited to changes in park or campground
schedules or operations or in services provided to the visiting public DEEP shall have no
responsibility for revenue loss directly or indirectly attributable to uncontrollable phenomena
including but not limited to attendance loss weather conditions or other Acts of God
24 Compliance The Concessionaire agrees to comply with the regulations of the Department of
Energy and Environmental Protection regarding State Park and Forest Recreation Areas and
with any other department policy concerning the operation of concessions
The parties have hereunto set their hands
SIGNED AND DELIVERED below
STATE OF CONNECTICUT
Department of Energy and Environmental
Protection
CONCESSIONAIRE
BY BY
Date Date
Contract ______________
Acct Fund SID DeptId Prog Project Bud
Ref Amount
Funds available Date
Attorney General (Approved as to Form) Date