REQUEST FOR PROPOSALSOperation of Non-Jnotorized Boat Rentals, Instructions, and/or Guided Tours

RFP # PARKS031610CKR

Table of Contents

1. Project Summary .....................................................................................................................................12. Outline of Work .......................................................................................................................................13. Contract Term ..........................................................................................................................................24. Preferred Qualifications ...........................................................................................................................25. Submission Deadline ...............................................................................................................................26. Review Criteria ........................................................................................................................................27. Instructions for Proposers ........................................................................................................................2A. DEP’s Official Agency Contact .......................................................................................................2B. Proposer’s Representatives ..............................................................................................................2C. Communications Notice ..................................................................................................................3D. RFP Timeline ...................................................................................................................................3E. Letter of Intent .................................................................................................................................3F. Proposers’ Conferences ....................................................................................................................3G. Inquiry Procedures ...........................................................................................................................3H. Confidential Information .................................................................................................................4I. Affidavit Concerning Gifts and Campaign Contributions ~OTE: Only required for proposals

with a total value of $50, 000 or greater.) ........................................................................................4J. Campaign Contribution Ban ............................................................................................................4K. Minimum Submission Requirements ..............................................................................................4L. Multiple Submissions ......................................................................................................................4M. Contract Compliance Requirements (required for any application exceeding $3,000.00) ..............4N. Style Requirements ..........................................................................................................................5O. Packaging and Labeling Requirements ...........................................................................................5P. Meetings with Proposers ..................................................................................................................5

8. Required Fmanat for Proposals ................................................................................................................59. RFP Conditions ........................................................................................................................................710. Agency’s Standard Contract and Conditions and State’s Contract Compliance Requirements ............911. Park Descriptions ...................................................................................................................................9

1. Project SummaryUnless specified otherwise, the term ’boat’ in this Request for Proposals shall be limited to canoes,kayaks, and peddle-boats. Concessionaires are sought to provide boat rentals, instructions, and/orguided tours to the general public at any~ state park with access to a confined inland waterbody, orinstructions and/or guided tours in state parks with access to Long Island Sound. (NOTE: Ifbidding on more than one location, proposers are advised to submit a separate proposal for eachlocation. Combination proposals will only be considered after the Selection Committee determinesthat individual proposals do not fully satisfy the selection criteria.)

2. Outline of WorkThe Concessionaire will be responsible for all aspects of the rental, instruction, or tour operation,including equipment and supply requisition, and compliance with any state or municipallymandated recycling plan for designated recyclables generated by the operation. Concessionaire

1. Proposals will not be accepted for Lake Waramaug, Burr Pond, or Mount Tom State Parks; Squantz Pond will only accept peddle-boat proposals.2. Proposals will not be accepted for Rocky Neck and Sherwood Island State Parks.

responsibilities also include but are not limited to: insurance, maintenance of the area surroundingthe boat rental/instructions/guiding service concession and any other necessary expenses that mayarise during the operation of the concession. The proposed concessionaire will be responsible forcomplimace with all applicable federal, state, and municipal laws and regulations governing a boatrental operation, a boating instructions operation, or a guided tour operation.

3. Contract TermThe contract term shall be fi’om the execution date of the contract through October 31, 2012. Thecontract may be extended for an additional two year period at the sole discretion of the DEP andwith the consent of the concessionaire.

4. Preferred QualificationsProposer should possess, or have ready access to, all equipment and supplies necessary fora boat rental/instruction/guided tour operation.Proposer should have at least five years of experience in boat rental/instruction/touroperations.

5. Submission Deadlines¯ Letter of Intent to Apply must be received by 4:00 p.m. on Mm’ch 31, 2010.¯ Proposals for a Boat Rental/InstructiordGuided-tour Concession must be received by 4:00

p.m. on April 23, 2010.

6. Review CriteriaThe criteria below are listed in no particular order:

¯ Ability to meet the terms described in "Attachment A" of the Sample Contract (enclosed).¯ Number and variety of boats and services offered.¯ Competitiveness of pricing relative to local standards.¯ Demonstrated experience in boat rental/instruction/guided-tour operations.¯ Evidence of a well maintained boats and equipment (i.e. recent photographs).¯ Amount of proposed rent to be paid to the DEP.

7. Instructions for Proposers "

A. DEP’s Official Agency ContactAll proposals and written questions must be submitted to, and communications shall be with:

Mr. Douglas JannDEP - Bureau of Outdoor Recreation79 Elm StreetHa1~tford, CT 06106-5127Phone: (860) 424-3471Fax: (860) 424-4070e-mail: douglas.jann@ct.gov

Proposer’s RepresentativesProvide the "legal" name, title (if applicable), address, telephone and FAX numbers, e-mailaddress(s), and normal hours when you can be reached. Social Security or FE1N will berequired when the contract is drafted. Note that if Proposer is a Connecticut firna, name must beexactly as registered with the Secretary of State as listed on Concord, located at:ht~://www.concord-sots.ct.gov/CONCORD/online?eid=99&sn=InouirvServlet.

C. Communications NoticeAll communications with the agency or any person representing this agency concerning thisRFP are strictly prohibited, except as permitted by Section 7, Subsection A of this RFP. Anyviolation of this prohibition by Proposers or their representatives may result in disqualificationor other sanctions, or both.

D. RFP TimelineThe following timeline, up to and including the deadline for submitting proposals, shall bechanged only by an amendment to this RFP. Dates after the deadline are target dates only.

March 16, 2010March 31,2010 by 4:00 p.m.April 2, 2010April 14, 2010April 23, 2010 by 4:00 p.m.April 26, 2010April 27, 2010May 3 - 7, 2010

RFP ReleasedDeadline for Letter of IntentProposers’ Conference Dates PostedOfficial Answers ReleasedDeadline for Submitting ProposalsContractor SelectionStm’t of Contract NegotiationsContracts prepared for signature

E. Letter of IntentAny Proposer intending to respond to this RFP must complete and submit a Letter of Iment(form attached) to the Official Agency Contact by US mail or facsimile not later than 4:00 p.m.on March 31, 2010. As an original signature is required, a letter of intent sent by e-mail isunacceptable. The letter of intent is non-binding, in that the Proposer is not required to submitan application. Include a written statement that the Proposer has read and accepts the RFP’sconditions (Section 9.), the agency’s standard contract and conditions (sample contractenclosed), and the State’s contract compliance requirements (Request for Proposals, Section 7,Subsection M, and Sample Contract, Section 4) in their entirety and without amendment. Thestatement must be signed by the Proposer. Proposers may not attend the Proposer’sConference unless they have submitted a letter of iutent.

F. Proposers’ ConferencesProposers’ conferences will be held at the times and locations to be posted on the Departmentof Administrative Services Contracting Pol~al as an amendment to this RFP by April 2, 2010.Conferences will be scheduled for April 5 - 9, 2010. All potential proposers who submit aLetter of Intention to Bid will be notified directly of conference dates. Attendance ismandatory,. The Proposer, or the proposer’s designated Representative (as defined in Section 8,Subsection C) must attend the conference. Sign-in begins at the times listed below. ~will not be accepted unless the Proposer~ or the Proposer’s Representative~ signs theconference attendance loR with 15 minutes of the conference start times.

Inquiry ProceduresProposers may submit questions about the RFP to the Official Agency Contact on or beforeMarch 31, 2010. All questions must be-in writing and submitted by US mail, facsilnile, or e-mail. Questions will not be accepted over the telephone. Anonymous questions will not beanswered. The agency reserves the right to provide a combined answer to similar questions.Questions received by March 31, 2010 will be answered at the Proposer’s Conferences.Questions arising at the Proposer’s Conferences will be answered at the conference. The agencywill distribute official answers to any and all questions, in the form of a written amendment, notlater than April 14, 2010 to all Proposers who attended the Proposer’s Conference. AnyProposer who has not received the mnendment within two business days following the

distribution date may contact the Official Agency Contact by telephone to request a copy. Anyamendments to this RFP will also be posted by April 14, 2010 on the Department ofAdministrative Services Contracting Portal.

Confidential InformationProposers are advised not to include in their proposals any proprietary information. TheConnecticut Freedom of Information Act generally requires the disclosure of documents in thepossession of the State upon request of any citizen, unless the content of the document fallswithin certain categories of exemption. An example of an exemption is a "trade secret," asdefined by statute (C.G.S. § 1-210(b)(5)). If the information is not readily available to thepublic from other sources and the Proposer submitting the information requests confidentiality,then the information generally is considered to be "given in confidence." Confidentialinformation must be isolated from other material in the proposal and labeled CONFIDENTIAL.

Affidavit Concerning Gifts and Campaign Contributions (NOTE: Only required forproposals with a total value of $50, 000 or greater.)Pursuant to Public Act 04-245, all Proposers must provide a signed affidavit attesting towhether or not gifts were provided to certain public officials or State employees during thetwo-year period preceding the submission of a proposal. In addition, pursuant to paragraph 8of Governor M. Jodi Rell’s Executive Order No. 1, anyone who files an affidavit pursuant toPublic Act 04-245 shall disclose in those affidavits all contributions made to campaigns ofcandidates for state-wide public office or the General Assembly. Further, any Contractor whois awarded a large State contract shall update the affidavit on an annual basis.

Campaign Contribution BanWith regard to a State contract as defined in P.A. 07-1 having a value in a calendar year of$50,000 or more or a combination or series of such agreements or contracts having a value of$100,000 or more, the authorized signatory to this submission in response to the State’ssolicitation expressly acknowledges receipt of the State Elections Enforcement Commission’snotice advising prospective state contractors of state campaign contribution and solicitationprohibitions, and will inform its principals of the contents of the notice. See SEEC Form 11.

K6 Minimum Submission RequirementsAt a minimum, proposals must (i) be submitted before the deadline, (2) follow the prefel~redformat, (3) satisfy the packaging and labeling requirements, (4) be complete, and (5) includethe required affidavits concerning gifts and campaign contributions (if applicable). Proposalsthat fail to meet these minimum submission requirements may be disqualified.

L. Multiple SubmissionsMultiple proposals by the same Proposer will be considered. Proposals may be for a singlelocation, or for a combination of locations. If bidding on more than one location, proposers areadvised to submit a separate proposal for each location. Proposals for a combination oflocations will only be considered after the Selection Committee determines that individuaIproposals do not fully satisfy the selection criteria.

M. Contract Compliance Requirements (required for any application exceeding $3,000.00)See CHRO website for specific forms. The following table will assist in determining whichforms are required.

Bidder Contract ComplianceContract Amount Monitoring Report Required, and Affirmative

Affidavit for Certification of Action PlanSubcontractors as Minority Busioess

Enterprises~0 - $4,000 No No

~4,000.01 - $9,999.00 Yes No

~10,000 - $250,000 Yes No

~250,000 or more Yes Yes

The State of Colmecticut is an Equal Opportunity and Affirmative Action employer and doesnot discriminate in its hiring, employlnent, or business practices. The State is committed tocomplying with the Americans with Disabilities Act of 1990 (ADA) and does not discriminateon the basis of disability, in admission to, access to, or operation of its programs, services, oractivities. For contracts of $250,000 or more, provide evidence of the Proposer’s ability to meetthe contract compliance requirements for one or more of the following factors: (1) success inimplementing an affirmative action plan; (2) success in developing an apprenticeship programcomplying with § § 46a-68-1 to 46a-68-17, inclusive, of the Regulations of Connecticut StateAgencies; (3) promise to develop and implement a successful affirmative action plan; (4)submission of EEO-1 data indicating that the composition of the Proposer’s workforce is at ornear parity in the relevant labor market area; or (5) promise to set aside a portion of the contractfor legitimate minority business enterprises.

Style RequirementsTo the extent possible, proposals should conform to the following specifications: (1) be wordprocessed or typewritten, (2) use font size of not less than 10 and not more than 12 points, (3)have margins of not less than 1" on the top, bottom, and sides of all pages, (4) be not more than10 pages in length, including any attachments, (5) display the Proposer’s name on the header ofeach page, and (6) display page numbers at the bottom of each page.

Packaging and Labeling RequirementsThe proposal must be signed by the Proposer. Unsigned proposals will be rejected. Proposalslnust be submitted in sealed envelopes or packages, and be addressed to the Official AgencyContact. The name and address of the Proposer must appear in the upper left corner of theenvelope or package. The lower left corner must be labeled "Sealed Bid, Deadline April 23,2010." A signed original (clearly identified as such) and four exact copies of the proposal mustbe submitted. An electronic docnnrent format may be substituted for the four exact copies.Proposals transmitted by facsimile or email will not be accepted or reviewed.

Meetings with ProposersAt its discretion, the Agency may convene meetings with Proposers in order to gain a fullerunderstanding of the proposals. The meetings may involve demonstrations, i~rterviews,presentations, or site visits. If the agency decides meetings are warranted, the Official AgencyContact will telephone Proposers to make an appointment. Any such meetings are tentativelyscheduled to take place April 28 - 30, 2010.

8. Required Format for Proposals

All proposals lrlust follow the required format below and address all requirements listed ill theprescribed order, using the prescribed numbering system. Failure to follow the required formatmay result in the disqualification of a proposal.

A. Name of the Contract for which the proposal is being submitted (i.e. which park or parks).

B. Proposer’s Information

Provide the information requested below:

1. Name of Proposer2. Business Address3. Telephone Number4. E-mail Address (If Available)5. Federal Employer ID Number / Social Security Number

C. Proposer’s Representatives

The Proposer may designate an authorized representative and one alternate who may speak andact on behalf of the Proposer in all dealings with the agency, if necessary. Provide thefollowing information for each individual.

1. Names2. Telephone Numbers3. Normal Hours of Work

D. Individual or Organizational Profile

1. Qualifications

Proposers must be at least 18 years of age, and must be able to legally work in theUnited States of America for the entire term of the contract.

Provide a statement of your organization’s qualifications, including your boatrental/instruction/guiding experience. Where applicable, the statement shouldinclude a history of annual gross receipts for the Proposer’s tba’ee most recent yearsof operating a boat rental/instruction/guiding service.

2. Key Personnel and Staffing

Identify the key supervisory and management personnel that will be assigned to this project.Attach resumes reflecting their qualifications, including related work experience. TheDepartment must be given advanced notice in writing of the departure of any key personnelfrom the project. Identify the personnel resources that will be assigned to meet the workschedule outlined below in Section E, Subsection 4.

3. Legal Status

If the Proposer is a firm or corporation, describe the organization’s legal status (e.g., soleproprietorship, partnership, limited partnership, corporation, subchapter S corporation).Report the states in which the organization is registered to do business.

4. References

Include three letters of reference from recent clients. Provide the following information foreach reference: name, title, company address, and phone nnmber.

5. Conflict of Interest

Include a disclosure statement concerning any business relationship that may involve anystate official, state employee, or any such official’s or employee’s immediate family, in thepast three years, which may pose a conflict of interest.

E. Outline of Work

1. Personnel

Describe who will be working at the concession. Describe their level of experience withboat rental/instructions/guiding services, including training in first aid and CPR, boatingsafety, and open water rescue. Describe the level of supervision will they receive. Describedress code and personal hygiene standards.

2. Services

Provide a schedule of services you plan to offer, and rates you intend to charge. IncludeALL equipment that you intend to make available, from types of boats to paddles to PFD’s.

3. Equipment

Provide sample photographs of the boats and other rental equipment. Describe any vitalsupport services or resources which can only be provided by the park that will be necessaryto operate the boat rental/instruction/guiding operation.

4. Schedule

Include a proposed work schedule that includes the following periods: April 15 through theFriday before Memorial Day, the Saturday of Memorial Day Weekend through Labor Day,and the Tuesday after Labor Day through October 31. Schedule should include hours ofoperation and levels of staffing during various periods such as weekends/holidays,weekdays, early/late season, and peak season.

9. RFP Conditions

All proposals in response to this RFP are to be the sole property of DEP. Proposers areencouraged not to include in their proposals any information that is proprietm’y. All materialsassociated with this procurement process are subject to the terms of State laws definingfreedom of information and privacy and all rules, regulations and interpretations resulting fromthose laws.

B. Any product, whether acceptable or unacceptable, developed under a contract awarded as aresult of the RFP is to be the sole property of DEP.

C. Timing and sequence of events resulting from this RFP will ultimately be determined by DEP.

D. The Proposer agrees that the proposal will remain valid for a period of 90 days after thedeadline for submission and may be extended beyond that time by mutual agreement.

E. DEP may amend or cancel this RFP, prior to the due date and time, if DEP deems it to benecessary, appropriate or otherwise in the best interests of DEP. Failure to acknowledge

receipt of amendlnents, in accordance with the instructions contained in the amendments, mayresult in a proposal not being considered.

The Proposer must certify that the personnel identified in its response to this RFP will be thepersons actually assigned to the project. Any additions, deletions or changes in personnelassigned to the project must be approved by DEP or its designee, with the exception ofpersonnel who have terminated employment. Replacements for personnel who have terminatedemployment are subject to approval by DEP or its designee. At its discretion, DEP may requirethe removal and replacement of may of the Proposer’s personnel who do not perform adequatelyon the project, regardless of whether they were previously approved by DEP.

G. Any costs and expenses incurred by Proposers in preparing or submitting proposals are the soleresponsibility of the Proposer.

H. A Proposer must be prepared to present evidence of experience, ability, service facilities, andfinancial condition necessary to satisfactorily meet the requirements set forth or implied in theproposal.

I. No additions or changes to the original proposal will be allowed after submission. Whilechanges are not permitted, clarification of proposals may be required by DEP at the Proposer’ssole cost and expense.

J. In some cases, Proposers may be asked to give demonstrations, interviews, presentations orfurther explanation to the RFP’s Screening Committee.

K. The Proposer represents and warrants that the proposal is not made in connection with anyother Proposer and is in all respects fair and without collusion or fraud. The Proposer furtherrepresents and warrants that the Proposer did not participate in any part of the RFPdevelopment process, had no knowledge of the specific contents of the RFP prior to itsissuance, and that no agent, representative or employee of DEP participated directly in theProposer’s proposal preparation.

L. All responses to the RFP must conform to instruction. Failure to include required signatures,provide the required number of copies, meet deadlines, answer all questions, follow therequired format, or failure to comply with any other requirements of this RFP may beconsidered appropriate cause for rejection of the response.

M. The Proposer must accept DEP’s standard contract language and conditions. (See sample ofstandard contract and conditions attached.)

N. The contract will represent the entire agreement between the Proposer and DEP and willsupersede all prior negotiations, representations or agreements, alleged or made, between theparties. The contract may be amended only by means of a written instrument signed by DEP,the Proposer, and the Attorney General’s Office (when applicable).

O. Rights Reserved to DEP

The DEP reserves the right to award in part, to reject any and all proposals in whole or in partfor misrepresentation or if the Proposer is in default of any prior State contract, or if theproposal limits or modifies any of the terms and conditions and/or specifications of the RFP.The DEP also reserves the right to waive technical defect, irregularities and omissions if, in itsjudgment, the best interest of DEP will be served. DEP reserves the right to correct inaccurate

awards resulting from its clerical errors. This may include, in extreme circumstances, revokingthe awarding of a contract already made to a Proposer and subsequently awarding the contractto another Proposer. Such action on the part of DEP shall not constitute a breach of contract onthe part of DEP since the contract with the initial Proposer is deemed to be void ab initio and ofno effect as if no contract ever existed between DEP and the Proposer.

10. Agency’s Standard Contract and Conditions and State’s Contract Compliance RequirementsSee the attached Sample Concession Contract for standard contract conditions

11. Park DescriptionsVisit www.ct. ,ov/de /state_ arks for information about individual parks. Contact parks directlyfor information about annual attendance, and about suitability of boat rentals at a specific park.

LETTER OF INTENT TO SUBMIT A PROPOSAL

State of Connecticut

Department of Eovironmcntal Protection

RFP for State Park

_Returu to:

Return Deadline:

Mr. Douglas JannDepartment of Environmental ProtectionBureau of Outdoor Recreation79 Ehn StreetHartford, CT 06106-5127860-424-3471 (Phone)860-424-4070 (FAX)

4:00 P.M., April 23, 2010

The individnal, firm or corporatiou below intends to submit a proposal in response to the above referenced RFP.

Note." T~is ~etter is a n~n-binding expressi~n ~f in~erest and d~es n~t ~b~igate the sender t~ submit a pr~p~sa~.

The individual, firm or corporation below has reviewed and, if selected, accepts the agency’s standard contract andconditions (provided in the RFP) in their enth’ety and without amendment.

Name:

Mailing Address:

Contact Person:

Te_N~_le hone:

FA~X:

E-mail:

Signature Title Date

STATE OF CONNECTICUTDEPARTMENT OF ENVIRONMENTAL PROTECTION

BUREAU OF OUTDOOR RECREATION

STATE PARK CONCESSION CONTRACT

THIS AGREEMENT, made this __ day of 2010, by and between theSTATE OF CONNECTICUT, DEPARTMENT OF ENVIRONMENTAL PROTECTION, hereinafterreferred to as the "State" or "DEP", and Jon Doe, Inc., acting herein by John Doe, of the Town ofHartford, in The County of Hartford, and The State of Connecticut hereinafter referred to as the"Concessionaire" or "Contractor".

WITNESSETH:

WHEREAS, the DEP pursuant to Conn. Gen. Stat. 22a6(a)(2) and 23-26, has the authority toenter into contractual relations with persons for the maintenance of concessions and other sources ofrevenue to be derived frmn services to the general public using state parks; and,

WHEREAS, the Concessionaire desires to operate the concessions and render services to thepublic at:

VARIOUS STATE PARKS

NOW, THEREFORE, it is hereby agreed as follows:

1. The Commissioner hereby grants to the Concessionaire the exclusive right to operate acanoe/kayak/peddle-boat rental/instruction/guiding concession at the above mentioned State Parkslocated respectively in the Town of , County of__, in the State of Comaecticut, for aperiod of tba’ee years from April 15 to October 31, during the years of 2010 through 2012 annually.The DEP, in its sole discretion, may renew the contract for one 2-year period under the same terms andconditions specified in this contract.

2. In consideration of said right and privileges, the Concessionaire agrees to pay the sum of$ , annually, payable in the amount of $ (50%) at the executiou of this contract, and$ (50%) on or before July 15, 2010. Beginning in 2011, the semi-aunual payment of $.(50%) shall be’lnad~ payable by May 15~h and July 15tl~ each year that this contract is in effect. If the almual sumis less than $1,000.00, tbe sum is due in full at the execution of the contract, and by May 15th of eacllsubsequent year that the contract is in effect. All paylneuts shall be made by check, draft, or money order,payable to: "Treasurer-State of Connecticut" and delivered or mailed to the Department of EnviromnentalProtection, Accounts Receivable, 79 Ehn Street, Hartford, Connecticut 06106-5127.

3. Attachment "A" hereto is incorporated herein by reference and all provisions thereof shallbe binding upon the parties.

4. Non-DiscriminationA. The fi)llowing subsections are set fi)rth here as required by section 4a-60 of the Connecticut GeneralStatutes:

(1) The contractor agrees and warrants that in the perfolwtance of the contract such contractor will notdiscriminate or permit discrimination against any person or group of persons on the grounds" of race, color,religious creed, age, marital status’, national origin, ancestry, sex, mental retardation or physieal disability,including, but not limited to, blindness, unless it is shown by such contractor that such disability preventsperformance of the work involved, in any manner prohibited by the laws of the United States or of the state ofConnecticut. The contractor further agrees to take affirmative action to insure that applicants w#hjob-relatedqualifications are employed and that employees are treated when employed without regard to their race, color,religious creed, age, marital status, national origin, ancesOy, sex, mental retardation, or physical disability,including, but not lim#ed to, blindness, unless it is’ shown by such contractor that such disability preventsperformance of the work involved," (2) the contractor agrees, in all solicitations’ or advertisements foremployees placed by or on behalf of the contractor, to state that it is an "affirmative action-equal opportunityemployer" in accordance with regulations adopted by the commission; (3) the contractor agrees to provideeach labor union or representative of workers with which such contractor has a collective bargainingagreement m" other contract or understanding and each vendor with which such contractor has" a contract orunderstanding, a notice to be provided by the commission advising the labor union or workers’ representative ofthe contractor’s commitments under this" section, and to post copies of the notice in conspicuous places availableto employees and applicants for employment; (4) the contractor agrees to comply with each provision of thissection and sections 46a-68e and 46a-68f and with each regulation or relevant order issued by said commissionpursuant to sections 46a-56, 46a-68e and 46a-68f" (5) the contractor agrees to provide the Commission onHuman Rights and Opportunities with such information requested by the commission, and permit access topertinent books, records and accounts’, concerning the employment practiees and procedures of the contractoras relate to the provisions of this section and section 46a-56.

B. If the contract is a public works contract, the contractor agrees and warrants that he will make good faithefforts to employ minority business enterprises as’ subcontractors and suppliers of materials on such publicworks project.

C. "Minority business enterprise" means any small contractor or supplier of materials fifiy-one per cent or moreof the capital stock, if any, or assets of which is owned by a person or persons: (1) Who are active in the dailyaffairs of the enterprise, (2) who have the power to direct the management and policies of the enterprise and (3)who are members of a minority, as’ such term is defined in subsection (a) of section 32-9n; and "good faith"means that degree of diligence which a reasonable person would exercise in the performance of legal duties andobligations. "GoodJbith efJbrts" shall include, but not be limited to, those reasonable initial efforts’ necessary tocomply with statutory or regulatory requirements and additional or substituted efforts’ when it is determined thatsuch initial efforts" will not be sufficient to comply with such requirements.

D. Determination of the contractor’s good faith efforts’ shall include but shall not be limited to the followingfactors: The contractor’s’ employment and subcontraeting policies, patterns and practiees; affirmativeadvertising, recruitment and training," technical assistance activities and such other reasonable activRies orefforts’ as’ the commission may preseribe that are designed to ensure the participation of minority businessenterprises in public works" projects’.

E. The contractor shall develop and maintain adequate documentation, in a manner prescribed by thecommission, of its good faith efJbrts.

F. The contractor shall include the provisions of section A above in every subcontract or purchase order enteredinto in order to fulfill any obligation of a contract with the state and such provisions shall be binding on asubcontractor, vendor or manufacturer unless exempted by regulations or orders of the commission. Thecontractor shall take such action with respect to any such subcontract or purehase order as’ the commission maydirect as a means of enforcing such provisions including sanctions for noncompliance in accordance withsection 46a-56; provided, if such contractor becomes involved in, or is threatened with, litigation with asubcontractor or vendor as a result of such direction by the commission, the contractor may request the state ofConnecticut to enter into any such l#igation or negotiation prior thereto to protect the interests of the state andthe state may so enter,

G. The following subsections are set forth here as required by section 4a-60a of the Connecticut GeneralStatutes’."

(1) The contractor agrees and warrants that in the performance of the contract such contractor will notdiscriminate or permit discrimination against any person or group of persons on the grounds of sexualorientation, in any manner prohibited by the laws of the United States or of the state of Connecticut, and thatemployees are treated when employed without regard to their sexual orientation; (2) the contractor agrees toprovide each labor union or representative of workers with which such contractor has a collective bargainingagreement or other contract or understanding and each vendor with which such contractor has a contract orunderstanding, a notice to be provided by the Commission on Human Rights and Opportunities advising thelabor union or workers’ representative of the contractor’s commitments under this section, and to post copies ofthe notice in conspieuous places available to employees and applicants for employment; (3) the contractoragrees to comply with each provision of this section and with each regulation or relevant order issued by saidcommission pursuant to section 46a-56; (4) the contractor agrees to provide the Commission on Human Rightsand Opportunities with such information requested by the commission, and permit access to pertinent books,records and accounts, concerning the employment practices and procedures of the contractor which relate tothe provisions of this section and section 46a-56.H. The contractor shall include the provisions of section G above in every subcontract or purchase order

entered into in order to fulfill any obligation of a contract with the state and such provisions shall be binding ona subcontractor, vendor or manufacturer unless exempted by regulations or orders of the commission. Thecontractor shall take such action with respect to any such subcontract or purchase order as the commission maydirect as a means of enforcing such provisions including sanctions for noncompliance in accordance withsection 46a-56; provided, if such contractor becomes involved in, or is threatened with, l#igation with asubcontractor or vendor as a result of such direction by the commission, the contractor may request the state ofConnecticut to enter into any such litigation or negotiation prior thereto to protect the interests of the state andthe state may so enter.

5. Executive Orders

Executive Order No. Three: This contract is subject to the provisions of Executive Order No. Three ofGovernor Thomas J. Meskill promulgated June 16, 1971 and, as such, this contract may be canceled,terminated or suspended by the State Labor Commission for violation of or noncompliance with saidExecutive Order No. Three, or any state or federal law concerning nondiscrimination, notwithstandingthat the Labor Commissioner is not a pm"ty to this contract.

The parties to this contract, as part of the consideration hereof, agree that said Executive Order No.Tba’ee is incorporated herein by reference and made a part hereof. The parties agree to abide by saidExecutive Order and agree that the State Labor Commissioner shall have continuing jurisdiction inrespect to contract performance in regard to nondiscrimination, until the contract is completed orterminated prior to completion. The contractor agrees, as part consideration hereof, that this contract issubject to the Guidelines and Rules issued by the State Labor Commissioner to implement ExecutiveOrder No. Three and that he will not discriminate in his employment practices or policies, will file allreports as required, and will fully cooperate with the State of Connecticut and the State LaborCommissioner.

Executive Order No. Sixteen: This Agreement is subject to Executive Order No. Sixteen of GovernorJohn G. Rowland promulgated August 4, 1999 regarding a policy of prevention of violence in theworkplace.

Executive Order No. Seventeen: This contract is subject to the provisions of Executive Order No.Seventeen of Governor Thomas J. Meskill promulgated February 15, 1973 and, as such, this contractmay be canceled, terminated or suspended by the contracting agency or the State Labor Cormnissionerfor violation or of noncompliance with said Executive Order No. Seventeen, notwithstanding that theLabor Commissioner may not be a party to this contract. The parties to this contract, as part of the

consideration hereof, agree that Executive Order No. Seventeen, concerning job listings with the StateEmployment Service, is incorporated herein by reference and made a part hereof. The parties agree toabide by said Executive Order and agree that the contracting agency and the State LaborCommissioner shall have joint and several continuing jurisdiction in respect to contract performance inregard to listing all employment openings with the Connecticut State Employment Service.

Executive Order No. 7B: This Agreement incorporates the provisions of Executive Order No. 7B ofGovernor M. Jodi Reli, promulgated November 16, 2005 regarding contracting reforms. ExecutiveOrder No. 7B hereto is incorporated herein by reference and made a part thereof, as Attachment "B".

6. In case of conflicts, discrepancies, errors, or omissions among the various parts of this Agreement,any such matter shall be submitted immediately by Contractor to the State for clarification. The Stateshall issue such clarification within a reasonable period of time. Any services affected by suchconflicts, discrepancies, errors, or omissions which are performed by Contractor prior to clarificationby the State shall be at Contractor’s risk.

7. Waiver and Hold Harmless Agreement

The Contractor Waives any right it may have to bring any actions, suits, claims, investigations or legalor administrative or arbitration proceedings pending or threatened, whether mature, unmature,contingent, known or unknown, at law or in equity, in any form (collectively, "Claims") against theState with respect to any matter arising out of any process associated with this contract or other Stateactions associated with this project.

Pursuant to the provisions of Attachment A, Section 1, the Contractor shall carry insurance during theterm of this contract according to the natare of the work to be performed to "save harmless" the Stateof Connecticut from any claims, suits or demands that may be asserted against it by reason of any actor omission of the Contractor, subcontractor or employees of either the Contractor or subcontractor inproviding services of this contract. Certificates of such insurance shall be filed with the Commissionerprior to the Contractor’s performance of contracted services. The Contractor shall reimburse the State,for any and all damage to the real or personal property of the State caused by the Acts of theContractor, subcontractor or employees of either the Contractor or subcontractor in providing servicesof this contract.

8. Litigation: The Contractor agrees that the sole and exclusive means for the presentation of anyclaim against the State arising from this contract shall be in accordance with Chapter 53 of theConnecticut General Statutes (Claims Against the State) and the Contractor further agrees not toinitiate legal proceedings in any State or Federal Court in addition to, or in lieu of, said Chapter 53proceedings.

9. Cancellation: This contract shall remain in full force and effect for the entire term of the contractperiod unless cancelled by the Commissioner for cause by giving the Concessionaire written notice ofsuch intention at least five (5) days in advance.

a. Failure by the Concessionaire to make mmual payment during any time the contract isin force, shall be considered cause for cancellation by the Commissioner.

b. Any violation of the regulations of the State Labor Department, including but notlimited to the employment of underage persons, is considered just cause for contractcancellation by the Commissioner.

c. Any violation of the Code of Conduct (Provision #15 of Attactnnent A), by theConcessionaire, or any employee of the Concessionaire, will be cause for cancellationof this Contract at the discretion of the Commissioner.

10. Termination: This contract can be terminated for just cause by mutual agreement of both parties.

11. State Access to Records, Record Keeping, and Record Transfer

The Contractor shall prepare, maintain and preserve all records with respect to this contract. Duringthe term of the contract the State shall have access during normal business hours to all such records, inwhatever form they exist or are stored, which records shall be the prope~oty of the State, and upontermination of the contract, all such records, or exact copies thereof, shall be immediately turned overintact to the State. The Contractor shall aftbrd the officers, attorneys, accountants, auditors, and otherauthorized representatives of the State free and full access to the records to be maintained by theContractor as pertains to the contract. At the option of the State, periodic audits may, at reasonabletimes, be made of the Contractors’ and all of its subcontractors’ books and records insofar as theypertain to the contract.

The State or independent public accountants designated by the State shall make such audits at theState’s expense. Said books and records shall be made available to the Auditors of Public Accounts ofthe State of Connecticut.

12. Nondisclosure

Contactor shall not release any information concerning the services provided pursuant to theAgreement or any part thereof to any member of the public, press, business entity or any official bodyunless prior written consent is obtained fi’om the State.

The parties have hereunto set their hands.SIGNED AND DELIVERED below:

STATE OF CONNECTICUT

By: (L.S.)Susan W. Frechette, Deputy CommissionerDepartment of Enviromnental Protection

Date:

By (L.S.)Concessionaire

Date

ATTACHMENT A

STATE OF CONNECTICUTDEPARTMENT OF ENVIRONMENTAL PROTECTION

STATE PARKS DIVISION

STANDARD PROVISIONS - CONCESSION CONTRACT

THE CONCESSIONAIRE SHALL:

1. The Concessionaire shall furnish evidence of insurance in the form of a Certificate ofInsurance, covering the whole period of the Concession contract, reflecting the following limits:

A. Commercial General Liability insurance providing a total limit of $1,000,000 for alldamages arising out of bodily injury to or death of all persons in any accident or occurrenceand for all damages arising out of injury to or destruction of property in any one accident oroccurrence.In cases where any insurance policy shows an aggregate limit, the aggregate limitshall not be less than $2,000,000. Coverage is to include products and completed operations.

B. The operation of all motor vehicles, including those hired or borrowed, used in co~mectionwith this contract shall be covered by Automobile Liability insurance providing for a total limitof $1,000,000 for all damages m’ising out of bodily injuries or death of all persons in any oneaccident or occurrence, for all damages arising out of injury or destruction of prope~"~y in anyone accident or occurrence. In cases where an insurance policy shows an aggregate limit, thelimit shall not be less than $2,000,000.

C. The State of Connecticut shall be listed as Additional Insured on coverages specified in A &B. Said coverages are to be provided by insurance companies licensed by the State ofConnecticut. Any deductibles or self-insured retentions must be declared and approved by theState.

D. With respect to all operations performed by the Concessionaire, the Concessionaire shallcarry Worker’s Compensation insurance in accordance with the requirements of the laws of theState of Connecticut.

2. It is agreed that the Concessionaire shall provide the following minimum numbers ofequipment for rental at each of the noted facilities: Ten (10) canoes & Five (5) kayaks.

3. By April 15 of each year, the Concessionaire shall for~vard to the Commissioner forapproval, a price list of all commodities for rental. Such list shall be submitted to The State ParksDivision, 79 Ehn Street, HmOtford, CT 06106. Any price increases are subject to the prior writtenapproval of the State Parks Division. The Concessionaire shall post a price list of all commodities forrental in full public view while in operation. The Concessionaire shall not offer any items for sale.

4. The Concessionaire shall install no fixed equipment nor make any physical changes to Stateprope~ty without the prior written approval of the Co~mnissioner. Any improvements and/orpermanent fixtm’es approved by the Commissioner and provided by the Concessionaire during the termof this contract shall become the property of the State of Com~ecticut at the termination of thisagreement.

5. The Concessionaire shall provide secure temporary storage for paddles, life jackets, etc.,should they be left on-site. All equipment shall be removed from the park at the conclusion of annualoperations. All storage containment shall be approved for use by the Park Supervisor prior to its use.

6. The Concessionaire agrees to comply with the regulations of the Department ofEnviromnental Protection regarding "The Order, Safety, Sanitation and Protection of Property Underthe Control of the Department of Enviromnental Protection" and with any other department policyconcerning the operation of concessions.

7. The Concessionaire agrees to comply with the Boating Laws and Regulations of theDepartment of Environmental Protection.

8. The Cnncessionaire, at his/her own expense, will be responsible for the disposal andremoval of all recyclables and trash generated by said concession operation.

9. The Concessionaire will be responsible for maintaining the general area of the State Park inwhich the Concession is located in a clean, sanitary and orderly manner. Representatives of theCommissioner may inspect the Concession area at any time.

10. The Concessionaire shall have the exclusive right to operate a non-motorized water craftconcession within the parks listed in this contract in which the concessionaire is the lessee.

11. The Concessionaire shall provide a United States Coast Guard approved personal flotationdevice for each person in a rented watercraft.

12. When the concession is open for business, the concessionaire must have a watercraftavailable for use in rescues or retrievals. All staff shall be trained in paddling or rowing techniquesand mid-lake rescue procedures.

13. The Concessionaire shall open the concession(s) every day no later than 10 a.m., exceptduring inclement weather; and the concession shall remain open until tba’ee hours before, but not laterthan sunset, from Memorial Day through Labor Day. Exceptions to this schedule shall be establishedthrough joint agreement of the on-site Park Supervisor and the Concessionaire.

When closing due to inclement weather, the on-site Park Supervisor or their designated representativemust be notified. Failure to maintain a schedule consistent with the above will be considered by theCommissioner as just cause for termination. The Concessionaire may choose to operate selectivelybetween April 15 and Memorial Day Weekend, and again between Labor Day and October 31, if theschedule is approved by the Park Supervisor.

14. Whenever the concession is open for business, the Concessionaire must have present, anemployee who is a qualified on-site manager. That manager must be knowledgeable in all aspects ofoperating the concession business.

15. Code of Conduct: Due to the public service nature of the Concession, the Concessionaireand all employees of the Concessionaire, shall conduct themselves in a courteous, respectful andprofessional manner with all members of the public.

16. Employees of the Concessionaire shall be clean and neat in appearance and shall wear atleast one of the following items of uniform at all times: a cap; T-shirt; jacket or some other uniformrelated item that identifies the Concessionaire’s operation.

17. The Concessionaire shall permit no gratuities to employees of the State of Connecticut.

18. By December 15, of each calendar year that this contract is in force, the Concessionaireshall submit a certified statement of gross receipts to the Depm"~ment of Environmental Protection,Bureau of Outdoor Recreation, State Parks Division, 79 Elm Street, Hartford, CT 06106. The certifiedstatement must be a~tested to by a Notary Public and/or a Commissioner of the Superior Court.

SPECIAL PROVISION OF THE CONTRACT:

19. The Concessionaire shall provide a copy of their "Emergency Action Plan", for eachconcession site, which addresses the safety of patrons while on the water with watercraft rented by theConcessionaire, to the Bureau of Outdoor Recreation and to the Park Supervisor of Burr Pond andLake Waramaug State Parks.

THE COMMISSIONER:

20. This contract or any operation carried out under the terms of this contract may not bewholly or partly assigned, transferred, sublet or conveyed in any manner by the Concessionaire withoutthe prior written approval of the Commissioner.

21. The Commissioner shall not assume responsibility for revenue loss directly or indirectlyattributable to actions taken by the Department of Environmental Protection resulting from weather orcrowd conditions or other acts of God. Neither shall the Commissioner assume responsibility forrevenue loss directly or indirectly attributable to attendance loss, weather conditions or otheruncontrollable phenomena.

22. If the Commissioner or the Concessionaire cancels said contract during its term or at theexpiration of the contract, the Concessionaire will be responsible for removal of all equipment andnon-equipment items within thirty (30) days of said termination and/or expiration of the contract. Iffor may reason the Concessionaire does not comply with the time frame specified in this section,everything that has been left will automatically become the sole property of the State of Connecticutand will be disposed of at the Commissioner’s convenience.

23. If this contract is cancelled by the Commissioner pursuant to Section 9 of the Contract, or ifthe Concessionaire terminates this contract prior to the end of its full term, without the consent of theState Parks Division, the Concessionaire shall forfeit his/her rights to bid on future concessions underthe control of the State Parks Division.

ATTACHMENT B (EXECUTIVE ORDER NO. 7B)STATE OF CONNECTICUT

BY HER EXCELLENCY M. JODI RELL, GOVERNOR

M. Jodi Rell Susan BysiewiCzGovernor Secretary ofth~ State