DEPARTMENT OF CONSERVATION AND RECREATION STATE TRANSPORTATION BUILDING, 10 PARK PLAZA, SUITE 6620, BOSTON, MA 02116-3978
Governor
Lieutenant Governor
EOEEA Secretary
DCR Commissioner
Maura T. Healey Kimberly Driscoll
Rebecca L. Tepper
Brian Arrigo
COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF CONSERVATION AND RECREATION REQUEST FOR PROPOSALS FOR RECREATION OPERATIONS AT THE BLUE HILL SKI AREA, CANTON, MASSACHUSETTS RFP # DCR 2024 - 500
I. INTRODUCTION ...............................................................................................................1
II. GENERAL INFORMATION AND DESCRIPTION OF THE PREMISES ………… .....2
III. PROPOSAL PROCESS.......................................................................................................4
IV. SUBMISSION REQUIREMENTS FOR PROPOSAL .......................................................6
A. Description of Entity and Related Experience.....................................................................6
B. Documentation and Description of Services to be Provided ...............................................7
C. Financial and Budget Information .......................................................................................8
D. Compensation to DCR .........................................................................................................8
E. Evaluation Criteria and Rule for Award ..............................................................................8
V. SUBMISSION CHECKLIST ..............................................................................................9
Attachment A - Premises Maps, Photos ..................................................................................14
Attachment B - Certificate of Tax Compliance .......................................................................15
Attachment C – Massachusetts Form W-9 ..............................................................................16
Attachment D - Proposal Submission Form and Site Visit Sign Off.......................................18
Attachment E- Draft Permit Agreement .................................................................................20
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I.
INTRODUCTION
The Massachusetts Department of Conservation and Recreation (hereinafter “DCR”), in accordance with Mass. Gen. Laws c. 132A §§ 2D and 7, c. 92, §§ 33, 37; the rules and regulations promulgated thereunder, including those under Titles 302 and 304 of the Code of Massachusetts Regulations, as amended, and all other applicable and enabling powers, is offering the opportunity to, and seeking proposals from, qualified individuals, corporations or other business entities, whether for-profit or non-profit (hereinafter “Proposer(s)”) for recreation operations at the William F. Rogers Ski Area located within the Blue Hills Reservation in Canton and Milton MA , as set forth in this RFP and in any subsequent permits.
II. GENERAL INFORMATION AND DESCRIPTION OF THE PREMISES
General Information All questions concerning this RFP should be addressed to dcr.permits@mass.gov. The location will be hereinafter referred to as the “Location” or the “Premises.” Minimum proposal requirements, if any, for the Location are listed below. Proposers will be required to assess their need for equipment, as well as the proper maintenance, storage and removal of such equipment, considering other uses and users of the park and buildings. Proposers should consider the security of such equipment and stored items. DCR will not be responsible for damaged or stolen merchandise or equipment. DCR provides only the location and does not guarantee the status or usability of any existing building or storage areas. No equipment (e.g., cash registers, counters, screens, signs) is provided by DCR. Proposers shall comply with all reasonable requests of authorized DCR staff concerning recreation operations, including, but not limited to, access by delivery or other vehicles, onsite storage, and trash receptacle placement. All proposals shall be deemed to have been made with full knowledge and understanding of the existing Premises conditions. Proposers are required to obtain their own market and valuation information and should not only rely on prior sales information. The terms for the use authorized herein may be for a period of five (5) consecutive seasons or years for recreation operations, commencing in 2024. The successful Proposer(s) shall be required to execute a revocable license in the form of a permit attached as Exhibit E. Permits issued by the Commissioner of DCR to Permittees are not leases or commercial rental agreements. The successful Proposer shall, at a minimum, provide to the public an organized, accountable, efficient, safe, clean and professionally staffed and maintained operation offering recreation operations for the public, during a minimum operating season starting from mid-December through March during each season or year of the agreed upon term. Operation may commence upon receipt of a fully executed Permit listed as Exhibit E and submission of all required items to DCR (proof of insurance, first year permit fee, etc.). Additional sales or service to the public within DCR Parks will require additional written approvals from DCR and such other licensing authorities as may be required by law. Renovation and installation of necessary equipment will be subject to additional approvals from DCR and other applicable authorities (e.g., state and local building authorities) and will be the responsibility of the Permittee to design, fund and complete. The Location is offered “as is.” Permittee may not always be the exclusive provider for
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park users or for DCR Special Events held at the nearest park. Any special events hosted by the Permittee under this RFP for third party groups shall be additionally permitted through DCR’s External Affairs Department, Special Use (Special Event) Permitting unit. Customer Service Expectations DCR is offering the existing Location with a flexible operation schedule depending upon the operation. Partial daily schedules are not acceptable without a business justification, pre-approval in writing, and notice to the public. The minimum concession operating season is mid-December through March with reliable, knowledgeable staff members who will serve a diverse clientele with unfailing courtesy at all times. Proposers shall call on appropriate DCR staff, Park Rangers or law enforcement personnel to deal with any inappropriate behavior or activity in the park and shall not handle such matters themselves. Failure to follow this requirement may result in termination of a Proposer ’s license. Proposers shall not offer discounts or free items to any DCR staff, manager or contractor. Failure to follow this requirement may result in termination of a Proposer ’s license. Food safety and health compliance is the responsibility of the Proposer at all times. Local food, state building and other authorized inspectors must be allowed to inspect concession operations at all times.
Locations
Blue Hill Ski Area, Canton, MA Site Visit Contact: Kevin Drake 857-207-1381 e-mail: kevin.drake@mass.gov Minimum Fee : ($20,000.00 per year)
Located only minutes from the bustle of downtown Boston, the DCR Blue Hills Reservation stretches over 7,000 acres from Quincy to Dedham, Milton to Randolph, providing a green oasis in an urban environment. Rising above the horizon, Great Blue Hill reaches a height of 635 feet, the highest of the 22 hills in the Blue Hills chain. From the rocky summit visitors can see over the entire metropolitan area. With its scenic views, varied terrain and 125 miles of trails, the Blue Hills Reservation offers year- round enjoyment for the outdoor enthusiast. The living treasures of the Blue Hills include flora, fauna and natural phenomena – from coyotes to copperheads, dogwoods to lady's slippers, and turkey vultures to dragonflies. Trails traverse upland and bottomland forests, marsh, swamp and pond edges, meadows and an Atlantic white cedar bog. A great variety of plant and animal life thrive in the diverse habitats, including several rare and endangered species in Massachusetts, such as the timber rattlesnake. A Reservation Map can be accessed at http://www.mass.gov/dcr/parks/trails/blue.pdf. Within the reservation there are ample recreational opportunities including the Trailside Museum, the Blue Hills Weather Observatory, Houghton’s Pond, and varied walking areas and hiking trails. The William F. Rogers Blue Hills Ski Area is conveniently located approximately twenty (20) minutes from downtown Boston and is fully accessible from three (3) major interstate highways. There are eight (8) ski/snowboard trails on approximately sixty (60) skiable acres. Proposers will be encouraged to explore, establish, manage and operate year-round activities (such as hiking, summer lift, or lodge based events) to maximize use of the Premises.
The current operation has a snowmaking system as well as a nighttime lighting system. A competitive water rate is available to the licensee for snowmaking. There are two main buildings located at the base
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of the mountain. One building (newer in age) houses a complete rental shop and first aid treatment area. The second main building (older in age, hereinafter the “Lodge”) contains a full service cafeteria and seating area, ski and snowboard shop, lift ticket sale windows and office space (second (2nd) floor). Auxiliary buildings include, one (1) first aid patrol “staging and warm - up” building (no running water) and one fixed structure with two (2) garage bays. There is one main parking area located below but adjacent to the two main aforementioned buildings with approximately one hundred (100) parking spaces. There is a smaller parking area near the second main area that may be used for staff or visitors with extra accessibility needs. There is a Park ‘n’ Rid e lot owned by the Commonwealth that is used by patrons and visitors in the winter. The current licensee transports visitors from that lot to the ski area. The licensee shall be responsible for all associated equipment needed to maintain the ski, activity and concession operations on the Premises as designated by DCR’s Region Director and other authorized staff as designated by the Commissioner. The licensee must maintain the lifts and all snow making equipment including obtaining all local and state safety, food, entertainment and other permits or licenses. Blue Hills Ski Area currently has five (5) lifts: one (1) double chair lift; two (2) wire tows; one (1) carpet and one (1) carousel lift. Most of the lift components and related equipment are not owned by the Commonwealth. All snow making equipment is the property of the current ski area concessionaire- licensee. The licensee must provide all necessary equipment for its proposed operation. The licensee may make arrangements with the current ski area concessionaire-licensee to obtain any equipment, supplies, etc., not owned by the Commonwealth. The licensee shall have the right to replace lifts and snow making equipment with equal or better quality equipment at its own cost. The applicable Park Supervisor or DCR Manager may reserve the right to designate the specific concession locations. The licensee shall comply with all requests of authorized DCR staff concerning placement of the ski operation and concession equipment. The licensee shall be responsible for security of the Premises and for the necessary replacement of any DCR equipment located therein. Any construction or improvements shall be proposed by the licensee and properly planned with DCR and executed only after receipt of written approval of the Commissioner of DCR and applicable DCR departments (engineering, planning, legal, etc.), the Department of Public Safety, and in certain cases, the Town of Canton.
The following are the totals from last season 2022-2023 (as provided by the current operator): • season passes sold:
Total Season Passes including Racing Season Passes: 1757
Total Season Passes excluding Racing Season Passes: 974
• daily passes sold:
• Total Daily Passes including Racing Daily Passes 33656 • Total Daily Passes excluding Racing Daily Passes 33046 • lessons sold:
• Total Daily Lessons Sold (Group and Private Lessons): 2286 • Multi-Day Programs:
• 627 Junior Programs that are with Recreation Groups, 5 day program
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• 535 Junior Programs that registered directly through BH, 5 day program • 305 Snow Puppy Programs (registered directly through BH), 5 day program • 75 February Camp Programs (registered directly through BH), 4 day program • High school racers practiced and raced at Blue Hills
• 702 High School racers purchase season passes at Blue Hills. • Sold an additional 465 Daily Race tickets (some teams opt out of purchasing Season Passes and instead buy tickets each time they are at Blue Hills). • Race teams practice at Blue Hills.
Arlington BC High Cohasset Hingham
Ski East Ski East Ski East Ski East Ski East Ski East Ski East Ski East Ski East Mass Bay Mass Bay Mass Bay Mass Bay Mass Bay Mass Bay Mass Bay Mass Bay Mass Bay Mass Bay Mass Bay Mass Bay Mass Bay
NDA
Natick
Needham Norwell Scituate Brookline
Dover Sherborn
Duxbury
Framingham
Lexington/Waltham
Marblehead Milton High Newton North Oliver Ames
Ursuline
Wellesley Westwood
Xaverian
Milton Academy
ISL ISL ISL
St. Sebastians
Thayer
• Total visits to the ski area this past season: 51,226
In most recent years water usage has been around 12 million gallons but usage can go up to 25-30 million gallons (subject to water restrictions).
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III.
PROPOSAL PROCESS
Overview A site visit prior to submission of a proposal is required. Proposers must contact the Site Visit Contact for the Location above to schedule a site visit. If a Proposer requires assistance in scheduling a site visit, please contact dcr.permits@mass.gov. Proposers’ questions must be submitted in writing. Answers to the questions will be distributed to DCR’s interested parties’ list . Proposals must be submitted electronically to DCR at dcr.permits@mass.gov by 4:00 PM on May 29, 2024 . Proposals received will be evaluated by a panel of DCR staff. Interviews may be held or questions to Proposers may be posed in person, by phone or electronically to Proposers by the DCR evaluation team. The panel will recommend to the Commissioner acceptance of one or more proposals based upon the results of its evaluation of competitive and qualifying proposals. Upon final approval of the Commissioner, Proposers will be required to send in initial fees or portions thereof, certificates of insurance, and other documents. Upon receipt of all required items a permit (see Exhibit E) will be issued to each selected Proposer and must be signed by the Proposer. Should the winning Proposer(s) fail to meet the requirements of the RFP or any other related DCR requirements, DCR may make an award to the next available proposer or withdraw the opportunity altogether. The decision of the Commissioner is final. Site Visits A visit to the Premises is MANDATORY. Proposers must arrange a date and time for a visit with DCR staff by contacting the Site Visit Contact for the Location above. If a Proposer requires assistance in scheduling a site visit, please contact dcr.permits@mass.gov. All Proposers must prove and certify that they have visited the site by obtaining and submitting with their proposal a DCR staff signature on the Site Visit Sign-off form in Attachment D attached to this RFP. All proposals shall be deemed to be made with full knowledge and understanding of the existing Premises conditions. Site Visits should be completed before questions from proposers are due. Questions During the Proposal Period All Proposer questions must be submitted in writing. Written questions must be received by the date listed in the RFP Schedule and sent:
By E-mail: dcr.permits@mass.gov
To ensure fair public notice to all prospective Proposers, DCR staff will reply to all questions and inquiries in writing and distribute the responses to DCR’s interested parties’ list. No answers to procedural or substantive questions will be provided in person or by telephone. Proposer Qualifications and Mandated Items All Proposers must meet the criteria set forth in the sections below to submit a proposal for evaluation. The Proposal Submission Form attached must also be submitted with each proposal for consideration. A proposal submitted without these items and information or submitted late will not be considered, and may be automatically rejected.
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Presentations and Interviews Following a review of the submitted mandated items and proposals that are timely and otherwise properly submitted, DCR may conduct interviews with proposers or send questions. Interviews may be held by teleconference (via phone and/or internet) but in-person is preferred. The purpose of any interview or question will be to clarify proposals and evaluate the qualities, expertise and operational concepts of the Proposer’s proposal. No additional proposal material will be accepted at interviews.
RFP Proposal Schedule – SUBJECT TO CHANGE Proposers are encouraged to frequently (every day, several times until an award list is posted) check their emails for amendments, questions and answers, and changes to the RFP documents or schedule.
Pre-Proposal Site Visits
All visits must be completed by May 22, 2024
Written questions must be received (No more than 4 per proposer) Answers to questions will be distributed Proposal packages due electronically to dcr.permits@mass.gov
By 4 p.m. April 3, 2024
April 10, 2024
By 4 p.m. May 29, 2024
Interviews, if any, will be held
Week of June 3-7, 2024
Proposal Evaluation Period ends and Recommendation to Commissioner NOTE: Deposits and Insurance Certificates will be due within ten (10) business days after notice to apparent winning proposers
By June 10, 2024
TBD
Award Notice(s) Issued
TBD TBD
Finalized Permit and Placard will be issued
Correcting, Modifying or Withdrawing Proposals Proposal documents may be corrected, modified or withdrawn at any time prior to the proposal due date, when the proposal packages will be opened at DCR. Modifications should be submitted electronically in the same manner as the original proposal package. SUBMISSION REQUIREMENTS FOR PROPOSAL All Proposers must submit a Proposal Submission Form attached to this RFP as Attachment D, along with all other required proposal documents and information. All proposals shall be in English, in writing, in a legible format and shall present in clear and sufficient detail the information requested in the following sections of this RFP: IV.
A. Description of Entity and Related Experience; B. Documentation and Description of Services to be Provided; C. Financial, Rate and Budget Information; and D. Compensation to DCR.
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Proposers should provide information responsive to the sub-sections below to obtain points. Proposers will be evaluated on the quality of the information provided.
A. Description of Entity and Related Experience 1. A complete written description of the Proposer ’s related experience .
2. A list of the names and addresses of all principals or managers who have more than a one percent (1%) financial interest in the business entity. Please include the resumes or CVs of all principals and managers. Principals and managers should provide demonstrated proof of experience of at least three (3) years in the operation and management of this type of property and business. 3. An “organizational chart,” preferably in a “tree” form detailing the chain of command of the management and operating personnel of the entity and the proposed operation at the Premises and a list and explanation of job descriptions for all anticipated operating personnel; a list of proposed staff positions at this location including experience of staff and history with the entity, if applicable. No names of actual staff are required at this time. 4. Proposer may not have any unresolved outstanding payments due to the Commonwealth and DCR. B. Documentation and Description of Services to be Provided 1. Any additional information concerning the services to be offered, including all service operations (e.g. sub-licensees, modes of service, associated services, merchandise, sales, event programming, or other revenue-generating operations) planned in the future for the Premises. 2. Proposer must show it has sufficient equipment and/or contracts to obtain and maintain all the equipment and run the proposed concession on the entire Premises or that it must show it can purchase the equipment needed. 3. Proposer must show that it has reliable and professional accounting support either internally or externally. Correspondence from an entity’s accountant, CPA, or bookkeeping company may be sufficient to show such support. 4. A completed and signed Certificate of Compliance with State Tax Laws and with Unemployment Compensation Contribution Requirements (Attachment B hereto); and 5. A completed and signed Massachusetts Form W-9 (use only the form attached to this RFP as Attachment C); and 6. Documentation from an insurance company or properly licensed broker, authorized to conduct business within the Commonwealth (per the Massachusetts Division of Insurance), specifying that the Proposer is qualified to meet and obtain the insurance according to the requirements specified herein (see Exhibit E (Draft Permit Agreement) attached to this RFP); and 7. Proof and acknowledgement of a Site Visit and completion of the Proposal Submission Form attached to this RFP; and. 8. Planned hours of operation and staffing for normal everyday operations and for special events; and 9. Complete written description of maintenance, general operations, safety, staffing, training, and financial management plans including: a. The proposed use of the Premises using sketches or diagrams or photos and including any structural additions, layout changes, signage, and cleaning plans, including any parking area uses or improvements, as well as proposed season of operation, proposed hours of operation.
b. Proposer’s planned marketing, outreach, discount programs, if any, etc. c. Proposer’s sales and accounting plans for the Premises including:
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i. Sales plan, including detailed price lists, for the Premises; and ii. A plan for the prevention of fraud, waste, theft, and abuse by staff, patrons or other third parties. d. A description of equipment or contracts for any equipment (food, beverage dispensers, refrigerators, etc.) to be operated on the Premises and any proposed operational system, including repair or service contracts for Proposer’s equipment, if any. e. Hourly/daily staffing contingency coverage plans, including emergency plans for handling customer safety, accidents, other incidents, damage claims, communications, etc. f. Safety and security plans for the Premises, patrons and staff, other park visitors, and the general public, emergency and daily operations protocols, etc. C. Financial and Budget Information 1. A pro forma statement of operation revenue estimates, expenses and costs, and profit. Proposers shall prepare and submit a pro forma statement for operation of the Premises that includes: a. Projected revenues estimated yearly for up to five (5) seasons, commencing in 2024; b. A statement of projected expenses and costs; 2. Documentation that demonstrates the financial ability of the Proposer to operate the proposed concession such as financial reserves, a line of credit, or otherwise. D. Compensation to DCR 1. Proposals which do not meet any specified minimum fee requirements will automatically be disqualified and rejected. Proposers should not overestimate the amount of compensation to DCR in their proposal. 2. Proposer must provide the proposed compensation to DCR in the form attached as Attachment D. 3. Proposers who only meet the minimum fee requirements shall be given 15 points for this criterion. Additional points up to 30 are given for Proposals above the minimum fee threshold. 4. Please list out and monetize any additional compensation and upgrades/improvements/investments into the site and concession subject but not limited to building, modular, lifts, ski store, food concessions, rental equipment, snow making equipment, etc. Please list this separately from your proposed fee to be paid to DCR. E. Evaluation Criteria and Rule for Award DCR will select the responsive and responsible Proposer(s) submitting the most advantageous proposal(s), taking into consideration all quality requirements and comparative criteria as set forth in this RFP including compensation offered. The numerical point system described below will be used by DCR evaluators in reviewing comparative criteria among the proposals.
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Qualifications and Mandates
Per Section IV A and B above
NO POINTS; All Items must be Provided Range of Points
Other Criteria
Description of Entity and Experience Per Section IV A above
0-20 0-30 0-20 0-30
Description of Services
Per Section IV B above
Financial and Budget Information
Per Section IV C above Per Section IV D above
Compensation
Interviews
Per Section I above
NO POINTS
Total Possible Points
100
V.
Submission Checklist
1) Proposal (Containing the information in Requirements A-D); 2) Signed Certificate of Tax Compliance (Attachment B); 3) Signed W9 (Attachment C); 4) Signed Proposal Submission Form and Site Visit Sign Off (Attachment D)
Proposals must be forwarded to:
dcr.permits@mass.gov
Proposals must be received at the above email address no later than 4:00 p.m. sharp on May 29, 2024
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ATTACHMENT A – PREMISES MAPS AND PHOTOS
Blue Hills Ski Area, Milton & Canton, MA
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Attachment B - Certificate of Tax Compliance
CERTIFICATE OF COMPLIANCE WITH STATE TAX LAWS AND WITH UNEMPLOYMENT COMPENSATION CONTRIBUTION REQUIREMENTS
Pursuant to Mass. Gen. Laws c. 62C, §49A and c. 151A §19A, I, ___________________ __________________________________, authorized signatory for ___________________________________________ whose principal place of business is at ______________________________________________________________________________ ______________________________________________________________________________ do hereby certify, under penalties of perjury, that ______________________________________ has, filed all state tax returns and paid all taxes as required by law and has complied with all state laws pertaining to contributions to the unemployment compensation fund and to payments in lieu of contributions.
The Business Organization Social Security Number or Federal Identification Number is _________________________________.
Signed under the penalties of perjury this ________ day of ________________________ 2024.
Signature: _________________________________________________
Name and Title: _____________________________________________
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Attachment C - MASSACHUSETTS FORM W-9 See macomptroller.org-wp-content/uploads/instructions w-9.pdf
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Attachment D - Proposal Submission Form and Site Visit Sign Off
COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF CONSERVATION AND RECREATION REQUEST FOR PROPOSALS FOR RECREATION OPERATIONS AT THE BLUE HILL SKI AREA, CANTON, MASSACHUSETTS PROPOSAL SUBMISSION FORM - SITE VISIT SIGN OFF (one per location)
TO: Department of Conservation and Recreation Office of Long Term Permits & Leases, ATTN: Manager 10 Park Plaza, Suite 6620, Boston, MA 02116 RE: DCR RFP 2024-500
I, ______________________________ (Proposer) acknowledge receipt of the DCR’s Request for Proposals for Request for Proposals for operation of recreation operations at Blue Hill Ski Area, Milton and Canton and submit the following proposal in response thereto:
A. Compensation
Operating Year/Season
Proposed Compensation to DCR
2024 2025 2026 2027 2028
Are there any additional consideration, requirements, improvements during permitted term to be considered? If so, attach additional sheet with further detailed information.
C. The Proposer acknowledges that it has read, understood, and agrees to be bound by, all of the foregoing terms and conditions set forth in this RFP and any amendments, in its entirety.
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_________________________________________________ Name of Business __________________________________________________ Date _________________ Signature of individual submitting proposal __________________________________________________ Printed Name and Title:
D. Site Visit Verification
A Site Visit prior to proposal submission is mandatory. Proposers must arrange a site visit with the Site Visit Contact for the Location identified in the RFP. All proposals shall be deemed to have been made with full knowledge and understanding of the existing Location conditions.
SITE VISIT VERIFICATION
I, _________________________________________________, Proposer, visited
_________________________________________________________ on
___________________________________, 2024.
DCR Staff: _______________________________ _______________________________ Name Signature
Date: ______________________________________
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Attachment E- Draft Permit Agreement
(Subject to Change by DCR) (For reference do not send back in your proposal)
SKI AREA PERMIT
PERMITTEE
a. Official Name of Permittee: b. Permittee Address: c. Permittee Type:
Corporation
LLC
Sole Proprietor; Individual
Other: Municipality
For Profit
Non-Profit
PREMISES
a. Facility: b. Facility Address:
TERM
a. Start Date:
b. End Date:
FEE
a. The Permittee shall pay XXXX Dollars ($XX, 000.000) each season by May 1. [Note: If the fee is substantial, LTPL may allow the Permittee to pay the Fee over a period of time] b. DCR shall endeavor to bill the Permittee by invoice for each payment and each invoice shall be paid within thirty (30) days of the invoice date. However, whether or not an invoice is issued, the Permittee is liable for the payment of the fee. c. Fee payments can be paid online at: MassPays.com/DCR or by money order, cashier’s check, certified bank check, or personal check payable to the Commonwealth of Massachusetts sent to the following address:
Commonwealth of Mass – DCR Re: Blue Hills Ski Area PO Box 419254 Boston, MA 02241-9254
d. Any nonpayment shall constitute a material breach and cause for termination of this Permit.
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PERMIT TERMS AND CONDITIONS
This Permit is hereby issued by the Commonwealth of Massachusetts, acting by and through its Department of Conservation and Recreation (“DCR”), having a principal place of business at 10 Park Plaza, Suite 6620, Boston, Massachusetts, 02116 to the Permittee above. DCR and the Permittee are each referred to as a Party to this Permit and are collectively referred to as the Parties to this Permit. WHEREAS, DCR has the authority to issue a Permit pursuant to Massachusetts General Laws Chapter 92 §§ 33 and 37, Chapter 132A §§ 2D & 7, and the rules and regulations promulgated thereunder, including Titles 302, 304 and 350 of the Code of Massachusetts Regulations and all other powers enabling, as applicable; and
WHEREAS, the Facility listed above and the area described in Exhibit A, attached hereto (hereinafter the “Premises”), is in the care, custody and control of DCR; and
WHEREAS, DCR publicly advertised a Request for Proposals (RFP _______ ) (“RFP”), to operate, manage and maintain a ski area at the Facility; and WHEREAS, the Permittee voluntarily responded to the RFP with a proposal seeking a permit for its skiing activities; and WHEREAS, the Permittee’s response, after careful consideration, was determined to be the best value to the Commonwealth and DCR; and NOW, THEREFORE, DCR hereby grants to the Permittee non-exclusive use of the Premises for such concession purposes subject to the following terms and conditions: 1. OPERATING SEASON a. The Permittee may operate on the Premises between Mid-December through March 31 st (“Operating Season”). [Note: The operating season may be extended at DCR’s discretion depending on DCR park operations.] Permittee shall operate concessions on the Premises at a minimum: Friday 10 AM–9 PM Saturday 8 AM–8 PM Sunday 8 AM–8 PM
Monday 1 –9 PM Tuesday 1 –9 PM Wednesday 1 –9 PM Thursday
10 AM–9 PM The Permittee may change this schedule due to inclement weather.
b. DCR may schedule events on or near the Premises during the Operating Season. The sponsors of DCR events and/or special event personnel may offer concessions or samples during such events. The Permittee shall accommodate such events.
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2. PROGRAMMING, PRODUCTS & SERVICES; PRICING a. The Permittee shall provide to DCR’s Office of Long Term Permits and Leases (“LTPL”) a full list of products and programs to be offered to the general public on the Premises, including but not limited to food, beverages, and other regularly scheduled offerings, including rate sheets by May 1 each season. b. DCR shall have the right to object to products or the character of services or a particular scope of deliverance. If the Permittee wishes to provide any new products, service or new particular scope or type of deliverance, it shall submit a written request for prior approval from LTPL. In approving or denying said request, DCR shall take into consideration the public interest.
c. The sale, distribution, advertisement, or display of alcoholic beverages, cannabis, cigarettes and other tobacco-related products, gambling or lottery games or tickets on the Premises is prohibited.
d. The Permittee shall recognize the interest of DCR in assuring that consistently high-quality services and merchandize are available to the public at reasonable prices. Pricing shall not exceed average market prices for like goods and services and is subject to the approval and oversight of DCR. e. Fees, rates, additional charges, and discount details must be made clear to patrons in all signage. Any discount rate and validation agreements with third parties should be submitted to LTPL for prior approval. The Permittee shall post notice of any changes to fees, rates, charges, and discounts for patrons and provide LTPL with such information prior to instituting new fees, rates, or charges.
f. The Permittee shall only use environmentally compatible, biodegradable serving products. The Permittee shall not serve, sell or distribute items that cause undue litter.
g. Consistent with Massachusetts Executive Order No. 619, DCR encourages the Permittee to consider practices that will reduce the use of single-use plastic bottles such as the sale of beverages in environmentally preferable packaging (i.e., paper cartons or aluminum cans).
h. Serving counters shall not be used for the open display of food and other products (excluding napkins, condiments, salt and pepper) and shall be kept clear and clean.
i. At the request of DCR, the Permittee shall provide a bulletin board near the serving window and allocate space for advertising DCR facilities, programs, and events.
j. No public address system amplified sound or signs, or amusement, video, electronic or coin- operated games or machines shall be permitted on the Premises without the prior approval of DCR.
k. All deliveries shall be made in such a manner as to have the least practicable impact on the public.
l. No entertainment (bands, movies, dances, fundraisers, etc.) event shall be held without prior written notice to LTPL, approval from DCR in writing and proof of proper permits from applicable local authorities.
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m. The Permittee shall not utilize public address systems or amplified sounds which are excessively loud or frequent. DCR reserves the right to direct the Permittee to lower or set off its sound less frequently. DCR has final approval of any sounds used on the Premises.
3. PERMITTEE EMPLOYEES a. The Permittee shall hire qualified, competent employees, in sufficient numbers to provide an efficient service to the public. The Permittee shall be responsible for all respective employee- related issues and compliance of employees with all safety procedures, requirements of applicable authorities and DCR park rules and regulations.
b. All employees shall wear identifiable uniforms or articles of clothing and carry approved company identification to exhibit to the DCR Park Supervisor and members of the public.
c. The Permittee shall keep up to date lists of all employees for each operating season.
d. The Permittee shall provide the DCR Park Supervisor with multiple working cellular telephone contact numbers for the Permittee’s authorized managers and staff. The Permittee shall notify LTPL of any changes in contact information. 4. CONDITION OF PREMISES a. The Permittee acknowledges that it has made an inspection of the Premises and that the Premises is in a satisfactory condition, suitable for the purposes of this Permit in its existing condition, and that it has not relied upon representations or statements of DCR, its officers, employees, or agents with respect to these conditions. The Permittee expressly agrees that DCR has no obligation to make any alterations, repairs, additions, or improvements to the Premises, except as noted herein. b. Other than required major repairs for occupancy by the Massachusetts Department of Public Safety or local building inspectors, the Permittee expressly agrees that DCR has no obligation to make any maintenance, alterations or repairs. c. The Permittee shall be responsible for all cleaning litter pick up, off-site trash removal within a reasonable radius of the Premises as determined by the DCR Park Supervisor, housekeeping and sanitation, related to its use and shall maintain high standards for these tasks at all times in all areas of the Premises to the reasonable satisfaction of the DCR Park Supervisor. The Permittee shall provide appropriately sized recycling bins for its staff and customers. DCR shall have the right to inspect the level, frequency and competency of housekeeping and sanitation being performed at, on and within the Premises at any time without prior notice. 5. CONSTRUCTION ON THE PREMISES a. Prior to undertaking any modifications, improvements, or construction work, the Permittee shall apply for a DCR Construction and Access Permit (“CAP”) by submitting an application with detailed specifications and any other information. A copy of the CAP application is found at https://www.mass.gov/how-to/applying-for-an-on-line-construction- access-permit-and-notifying-for-a-construction.
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b. All costs incurred under this section (including but not limited to local, state, and federal permit or license application fees, construction, labor, and materials) are the sole responsibility of the Permittee. The Permittee shall pay prevailing wages and shall require all contractors to obtain insurance for construction work on the Premises. c. Ordinary and everyday maintenance, such as minor repairs to the wiring, plumbing, and structure, may be performed by the Permittee, utilizing properly licensed and insured contractors, after notice to, and approval in writing from DCR Engineering and the DCR Park Supervisor. d. All improvements and fixtures to the Premises shall immediately become the property of DCR, with the exception of personal property of the Permittee which can be removed without damage to the Premises. 6. UTILITIES a. The Permittee shall be responsible for all costs of water, sewage, electricity, fuel, oil, telephone, or any other utility used and consumed in connection with its operation at the Premises, as applicable, and in connection with any structures located thereon. Once invoices are received for the consumption of utilities, the Permittee shall make prompt payment to the provider of said utilities. b. In the event utility service is discontinued by a utility service provider and said disconnection adversely affects the operations on the Premises or the adjacent park, DCR shall have the right to terminate this Permit forthwith and, to the extent such utility disconnection was caused by the Permittee, DCR may seek remedies in accordance with this Permit or as otherwise provided by law. 7. EQUIPMENT MAINTENANCE AND REPAIR; LEASED EQUIPMENT a. All equipment and structures on the Premises used by the Permittee to perform the activities authorized by this Permit shall be maintained in good operable condition by the Permittee. All such equipment shall be cleaned, tested, and repaired by the Permittee, who shall bear all costs related to such repairs. b. Any damage to any structure on the Premises or surrounding area caused by the installation or removal of equipment by the Permittee shall be repaired to a condition satisfactory to DCR at the Permittee’s sole expense. c. The Permittee shall identify and notify LTPL of any leased equipment to be used or affixed on the Premises prior to the execution of this Permit or whenever acquired by Permittee. Leased equipment shall be described in detail that includes brand name, type of equipment, and serial number, if applicable. The Permittee shall be solely responsible for any obligations under any leases.
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d. At the termination of this Permit, it will be the Permittee’s responsibility to fulfill any remaining obligations under any lease arrangement and ensure removal of such items if they are not affixed and title will not be transferred to DCR. e. Vending machines shall not be allowed on the Premises without written approval from DCR’s Commissioner and all agreements between the Permittee and any vending machine operator will be provided to LTPL. If allowed, the vending machines shall be operable whenever the Premises are open to the public. The Permittee shall be solely responsible for the installation and maintenance (cleaning, filling, repairs, etc.) of the machines. f. Any equipment that is affixed in a permanent manner to a wall, ceiling, or in or on the grounds of the Premises, including but not limited to plumbing fixtures, sinks, hard-wired appliances, built- in refrigeration equipment, exhaust, fume and fire suppression systems, poles, awnings, fences, shall become the property of the Commonwealth unless otherwise agreed in writing by the Parties. 8. ADVERTISING; MARKETING a. The Permittee shall provide LTPL with all branding, marketing, and advertising items, materials and displays directly related to the activities authorized herein at least two weeks prior to their publication. b. The Permittee, in its advertisements, signs, circulars, brochures, letterheads, and like materials, as well as oral representations, shall not misrepresent in any respect the facilities provided or the status or the conditions of the Premises. The Permittee shall make apparent in any brochures and advertising regarding use and management of the area and facilities that the Premises constitute Commonwealth parklands under the care and control of DCR. DCR retains the right to refer to the facilities within the Premises in any advertising or promotional activity of its own. a. The Permittee shall at its sole expense post the names and prices for any products sold on the Premises on printed signs. Handwritten signs shall be kept to a minimum and used solely for specials or daily changeable notices.
b. The Permittee shall withdraw any advertising or desist from any promotional activity, as directed by DCR, should DCR determine that such advertising or promotional activity is inappropriate.
9. ACCOUNTING AND FINANCIAL INFORMATION a. The Permittee shall make its accounting books and supporting records of its business activities, relating to licensed activities on the Premises, available for analysis and duplication by representatives of DCR or Commonwealth agencies authorized to review DCR activities upon request by DCR’s CFO or the Manager of LTPL. DCR will provide reasonable notice to the Permittee when possible.
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10. COMPLIANCE WITH LAWS
a. At its sole cost and expense, the Permittee shall comply with and conform to all applicable federal, state, local and other governmental laws, rules, regulations, ordinances, orders, and policies affecting the Premises and the Permittee’s activities thereon and shall cause its employees, contractors, and agents to do the same. The Permittee shall not do anything to cause DCR to be in violation of any applicable federal, state, local and other governmental laws, rules, regulations, orders, or policies.
b. The Permittee shall arrange for inspections by utilities engineers, building inspectors and others as may be required.
c. The Permittee shall be solely responsible for obtaining all permits and licenses required to operate and undertake the activities authorized herein, excepting those conducted as part of DCR responsibilities. d. The Permittee shall immediately provide notice to DCR of any notices from any state or local agency pertaining to a violation of any applicable rule, regulation, or statute. The Permittee shall take immediate action to cure said violations. If the Permittee fails to take prompt remedial measures, DCR may suspend or terminate the Permittee’s operations on all or any part of the Premises. 11. EMERGENCIES The Permittee shall make and preserve records of all accidents and emergencies on the Premises where law enforcement or emergency medical technicians are involved and shall promptly report such incidents to the DCR Park Supervisor. 12. HAZARDOUS SUBSTANCES; REPORTING SYSTEM a. Neither the Permittee, nor any of its agents, employees, or contractors shall use, generate, release, discharge, or dispose of hazardous materials including but not limited to oil, cleansers, pesticides, gas, or contaminated food or other items. b. “Hazardous materials” shall include, but not be limited to, substances defined as “hazardous materials,” “oil,” “hazardous substances,” “hazardous waste,” “toxic substances,” “pollutants,” or contaminants” in the Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended, 42 U.S.C. Sec. 9601 et seq.; Hazardous Materials Transportation Act, as amended, 49 U.S.C. Sec. 1802 et seq.; and Resource Conservation and Recovery Act, 42 U.S.C. Sec 6903 et seq.; Massachusetts General Laws c. 21E, and all applicable federal and Massachusetts laws now or hereafter enacted and all other regulations and policies adopted or publications promulgated thereunder. The Permittee agrees that DCR shall not be considered or listed as a generator for any hazardous waste. c. Only those materials approved and registered by the U.S. Environmental Protection Agency for the specific purpose planned shall be considered for use on the Premises. Label instructions shall be strictly followed in the preparation and application of pesticides and other hazardous substances
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and the disposal of excess materials and containers. All uses or applications of such materials shall be duly licensed by the Commonwealth and EPA and any other applicable agency or entity.
d. The Permittee shall immediately report any release of hazardous materials or any condition that poses a threat to human health and safety or to the environment to the DCR Park Supervisor and LTPL and, as required, to the appropriate authorities (i.e., Mass Department of Environmental Protection, etc.). For further information see https://www.mass.gov/regulations/310-CMR-30000- massachusetts-hazardous-waste-regulations and https://www.mass.gov/toxics-chemicals- permitting-reporting. 13. INDEMINIFICATION a. The Permittee shall assume all risk in connection with all activities that it engages in on the Premises and shall be solely responsible and answerable in damages and any other equitable remedies for all accidents or injuries to all persons or property caused by the Permittee’s activities. The Permittee shall at no time be considered an agent or representative of DCR or the Commonwealth. The Commonwealth shall not be liable for any costs incurred by the Permittee arising under the Permit. b. The Permittee shall be responsible for the protection of its own assets and property and those of DCR. The Commonwealth shall not be responsible for property of the Permittee or of the Permittee’s contractors, agents, representatives, employees, guests, and invitees. c. The Permittee shall be responsible for its actions and the actions of its contractors, agents, representatives, employees, licensees, guests, and invitees. The Permittee shall indemnify, defend, and hold harmless the Commonwealth, including DCR, its agents, officers, and employees, for any and all injuries, losses, claims, actions, damages, liabilities, costs, or expenses, including without limitation attorneys’ fees and costs (collectively, “claims”) to the extent such claims arise out of any act, failure to act, or occupancy of the Premises and its appurtenances by the Permittee, its contractors, agents, representatives, employees, licensees, guests and invitees, unless said claims arise solely out of or are solely the result of the gross negligence or willful, wanton, or reckless conduct of DCR or its employees. d. The Permittee further expressly agrees not to make any claims against the Commonwealth or DCR for any injury, loss, or damage to persons, including bodily injury or death, or damage to property or in connection with compliance with any existing law arising out of the Permit or the occupancy or use of the Premises by Permittee, its contractors, agents, representatives, employees, licensees, guests and invitees, unless said claim solely arises out of or is the result of the willful, wanton, or reckless conduct of DCR and its employees. e. The indemnification obligations set forth in this Permit shall not be limited by the existence of any insurance policy or by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Permittee, its officers, employees, representatives, agents, contractors, subcontractors, servants, permittees, and invitees, or by any other person acting for or by
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