2022-400 Rink RFP- Graf and Everett.docx

COMMONWEALTH OF MASSACHUSETTS

DEPARTMENT OF CONSERVATION AND RECREATION

REQUEST FOR PROPOSALS FOR

ICE SKATING RINK OPERATION, MANAGEMENT AND MAINTENANCE

AT HENRY GRAF JR. MEMORIAL RINK IN NEWBURYPORT, MA AND ALLIED VETERANS SKATING RINK IN EVERETT, MA

RFP # DCR 2022 400

Introduction The Department of Conservation and Recreation (hereinafter “DCR”), in accordance with Massachusetts General Laws, Chapter 132A, Section 7, and ch. 92, §§ 33 and 37, DCR’s rules and regulations promulgated thereunder (including titles 350 and 302 of the Code of Massachusetts Regulations) and all other applicable and enabling powers, is offering to qualified individuals, municipalities, corporations or business entities, whether for-profit or non-profit (hereinafter “Proposer” or “Permittee”) an opportunity to operate, manage and maintain under a license in the form of a DCR Special Use Permit for ten (10) years, at any one (1) or more of the following facilities:

Henry Graf Jr. Memorial Rink, Newburyport, MA; and Allied Veterans Skating Rink, Everett, MA.

The rink will be individually referred to hereinafter as the “Premises.”

The successful Proposer will, at a minimum, provide an organized, efficient, safe, clean and professionally staffed public rink operation pursuant to the applicable rules and regulations of DCR, the terms in this RFP and a Permit Agreement.

The Premises should be available for skating sport and recreation uses for the public and skating groups during a minimum operating season from October 1 through April 1 each season. The provision of sufficient and fairly scheduled public skating time is mandatory.

Permittees may operate limited food and skate related concessions within the current configuration of the Premises. Any food related concessions must provide healthy options and any other services offered shall be reasonably priced. Advertising programs and other marketing must be consistent with DCR Park regulations, any DCR advertising policies, and approved by DCR External Affairs in advance of the start of the term of operation.

Rink ice time rates are limited to the rates DCR may charge pursuant to the fees set in 801 CMR 4.02 (302)(9) a copy of which is attached hereto. Additional charges (such as energy surcharges) are not allowed without prior written approval of the Commissioner of DCR and notice to the public and ice time group users. The winning Proposer should be prepared to begin the licensed operation, management and maintenance responsibilities of the subject rinks no later than August 2022.

Minimum Compensation/Capital Contributions A minimum annual fee payable to the Commonwealth of no less than:

1. Fifteen Thousand ($15,000) Dollars per year, per rink, excluding all permittee’s operating expenses, insurance, debt, depreciation, equipment, labor, administrative expenses, any other fees due to any other entity or municipality, and profit.

2. Permittee shall also pay for all non-structural repairs, all utility expenses, and code compliance (including but not limited to air quality standards, health related standards, non-structural/infrastructure related building code items including but not limited to fire suppression systems, alarm systems, temperature controls, cleanliness, painting, light elements replacement, safety and security components, etc.)[footnoteRef:1]; and [1: DCR’s obligation to make any capital or infrastructure repairs at any time for any individual rink is dependent on its budget, nature of repair, and other priorities as set by the Commissioner of DCR and any of its oversight agencies and entities.]

Proposals lower than any required minimum or excepting out certain operational expenses will automatically be disqualified and rejected.

Upon issuance of a Permit the successful Proposer shall remit a Five Thousand ($5,000) Dollar deposit, to be credited against the first-year fee hereunder. Deposits shall be paid by using either a money order, cashier’s check, or certified bank check and shall be made payable exclusively to the “Commonwealth of Massachusetts.” Payments shall include a notation specifying: [Rink Permit – XX Rink -Proposer Name].

The DCR makes no representations or warranties, express or implied, as to the accuracy and/or completeness of the information provided in this RFP or the status or condition of the facilities. This RFP (including all attachments and supplements) and any information concerning the facilities are made subject to errors, omissions, withdrawals without prior notice, and changes to, and additional or different interpretations of laws and regulations. Proposers should undertake their own review and analyses concerning financial information, physical conditions, environmental conditions, ownership and legal matters concerning particular rinks and rink operation in general. Any limitations or conditions regarding a proposal submission must be clearly stated in any proposal submitted to DCR.

DCR offers this opportunity by using competitive proposals pursuant to a determination that such a process best serves the interests of the Commonwealth, DCR and the general public. DCR has the right to accept or to reject any and all proposals, to withdraw or amend this RFP at any time, to initiate negotiations with one or more Proposers, to modify or amend with the consent of the Proposer any proposal prior to acceptance, and to waive any formality, all as the DCR in its sole judgment may deem to be in its and the public best interest. The decision of the Commissioner of DCR is final.

Proposal Process and Schedule Overview A Site Visit prior to submission of a proposal is Mandatory. Proposers’ questions must be submitted in writing. Answers to the questions will be posted on COMMBUYS. Interviews of proposers may be held by DCR staff. Proposals received will be evaluated by an evaluation team consisting of DCR staff. The evaluation team will recommend acceptance of a proposal by the Commissioner based upon the results of its evaluation of competitive and qualifying proposals. The decision of the Commissioner is final.

When the successful proposer has been chosen, it will be notified. Deposits, certificates of insurance and signed Permit will be due within ten (10) business days after receipt of notice. Upon receipt of all required items a Permit will be prepared for execution by the parties. Should the winning proposer 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. Notice of the final winning proposal will be posted on the COMMBUYS website. No costs of responding to this RFP or any addenda or other documents or attendance at meetings in connection with this RFP shall be reimbursed by DCR.

Proposer Qualification and Mandated Items All proposers must meet the criteria set forth in Section IV, A below in order to submit a proposal for evaluation. The items and information required in Section IV, B must also be presented to DCR along with each proposal. Section VI, D – a complete Proposal Submission Form must also be submitted with each proposal for consideration. A proposal submitted without these items and information will not be considered and will be automatically rejected.

Site Visits A Site Visit prior to proposal submission is mandatory. Site visits should be arranged with the current operator and DCR staff listed in the Rink Contact Information by the date listed in the RFP Proposal Schedule below. All proposers must obtain a DCR staff signature showing that they have visited this location and provide such proof on the Proposal Submission Form. All proposals shall be deemed to have been made with full knowledge and understanding of the existing Premises conditions.

Questions during the Proposal Period All Proposer questions must be submitted in writing. Questions are limited to (4) four questions per Proposer. Written questions must be received by the date listed in the chart below and directed to the:

DCR Office of Long Term Leases and Permits By E-mail dcr.permits@mass.gov

Inquiries not received by said deadline will not be answered. Proposers should not contact individual DCR staff directly. To ensure fair notice to all prospective Proposers, DCR staff will reply to all inquiries in writing on the COMMBUYS site (http://www.commbuys.com/). No answers to substantive questions will be provided in person or by telephone.

Presentations and Interviews Following a review of the submitted mandated items and proposals that are timely and otherwise properly submitted, the DCR may conduct interviews with the top scoring proposers. Interviews may be held by teleconference (via phone and/or internet) but in person is preferred. The purpose of any interview 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 check the COMMBUYS web page for this RFP for amendments, answers, and schedule updates.

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. Modifications should be submitted in writing, sealed and marked in the same manner as the original proposal package.

Mandatory Terms and Conditions; Permit Issuance To commence operations, the Permittee must receive and sign a duly issued Permit. Thereafter, the DCR will draft and the parties will execute a permit agreement. All provisions, conditions and terms in this RFP and any Award Notice are obligatory and enforceable during the permit drafting process.

Conflict of Interest Any Proposer that is currently providing goods or services to the DCR as a vendor, consultant, contractor or subcontractor, employee, or in any other capacity, should disclose all projects or contracts that the Proposer is performing for and/or entered into with the DCR, and the Proposer’s plan to address and resolve such conflicts of interest, if any. The DCR reserves the right, in its sole discretion, to request additional information from a Proposer on potential conflicts of interest and to limit or prohibit the participation of any Proposer due to any conflict of interest. To the extent that M.G.L. c. 268A may be applicable, the Proposers and their officers, agents and employees shall be fully responsible for ensuring their compliance with the requirements of said chapter 268A.

Description of the Premises Ice skating is a popular recreational activity for people of all ages and abilities. DCR directly operates eight skating rinks in the Greater Boston area, and another twenty-nine (29) state-owned rinks are operated by private companies or municipalities under long term, legislatively-authorized lease agreements. The skating rink facilities included in this RFP are state-owned rinks currently operated by municipalities or private parties under long term permits issued by DCR.

DCR has very limited information in its files concerning the daily operation of the rink facilities, current maintenance contracts, and current skating contracts, visitor numbers, schedules, budgets, expenses, utility bills, profits, etc. Proposers may contact the current permittees listed below to review any rink operation information they have or make available. Municipalities may require requesters to file a public records request. Current permittees are required to comply with reasonable requests for information concerning the operation of the rink they have managed. Failure to cooperate with other proposers will be noted in the evaluation of any proposals by current permittees.

Proposers may review any appropriate and available DCR file information in accordance with the Massachusetts Public Records Law (M.G.L. c. 66, §10(a) and c. 4, §7(26)). Proposers may request and an appointment to review any information in DCR by sending an e-mail to DCR.Permits@state.ma.us.

All proposals shall be deemed to be made with sufficient knowledge and understanding of the existing physical conditions of the Premises. Any limitations or conditions of acceptance must be clearly stated in the proposal submission.

Rink Contact Information:

Henry Graf Jr., Rink Newburyport, MA

Bob Rotundo, President Shamrocks Rink Management, Inc.

bob@ritucciaarena.com or puckstopper2@gmail.com Tel: 781-838-0352

Joe Skoczylas Joe.skoczylas@mass.gov

Allied Veterans Skating Rink Everett, MA Bob Rotundo, President Shamrocks Rink Management, Inc.

bob@ritucciaarena.com or puckstopper2@gmail.com Tel: 781-838-0352

Submission Requirements for Proposals 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:

A. Qualification Information;

B. Mandates;

C. Compensation to DCR;

D. Description of Entity and Related Experience;

E. Description of Services to be Provided; and F. Financial, Rate and Budget Information.

Any information that contains personally identifiable information, confidential or proprietary information of a third party should be considered carefully, clearly marked as such, and separated if possible.

Qualification Information The following information must be presented by all Proposers. Failure to provide this information may disqualify your proposal.

1. Proposer must show that it has used, operated, maintained or managed a property such as the Premises for three (3) or more years within the last ten (10) years.

2. Proposer must show it has sufficient equipment and/or contracts to obtain and maintain all the equipment on the entire Premises.

3. A detailed list of any current or past contracts for related or similar rink operations or management or management of similar property, with any private, municipal or state entity within the last five (5) years. Please include years, basic contact information for the owner of the rink or property, and estimated contract value.

4. 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.

5. Proposer must list any lawsuits, administrative hearings, or other legal proceedings for or related to its business or its property management of similar properties in which proposer has been either a party or participant within the last five (5) years.

6. Outstanding liabilities – Proposer may not have any unresolved outstanding payments due to the Commonwealth and DCR, and must demonstrate a good payment history in any prior dealings with the Commonwealth and DCR.

Mandates Failure to remit the following items in this section may result in DCR’s immediate and automatic rejection of a proposal:

1. A completed and signed Certificate of Compliance with State Tax Laws and with Unemployment Compensation Contribution Requirements (attached at the end of this document) and, if available at time of proposal, a current Tax Good Standing Certificate from the Massachusetts Department of Revenue or the United States Internal Revenue Service; and

2. A completed and signed Commonwealth W-9 Form (attached at the end of this document); and

3. A letter on letterhead from an insurance company or broker, duly licensed to conduct business within the Commonwealth, specifying that the Proposer is qualified to meet and obtain insurance in appropriate amounts; or for municipalities, proof (i.e., letter from treasurer or town financial officer) that the entity is self-insured in at least the same amount or more; or for any party the ability to provide and maintain a performance, payment bond or letter of credit; and

4. Proof and acknowledgement of a Site Visit and completion of the Proposal Submission Form attached to this document; and

5. Proposer must provide at least two (2) written business references with whom the Proposer has had in the present or within the last five (5) years, contractual obligations to provide rink operations or management services; and made timely payments. Said references must be from businesses or other entities with whom Proposer has provided such services or from whom Proposer obtains service or contracts with otherwise. References must include current verifiable contact information. References may be contacted by the DCR evaluation team and further references may be requested. These references should be in addition to any other references required elsewhere in this RFP (i.e., those concerning insurance, etc.); and

6. If the proposer is a corporation or LLC, a Massachusetts certificate of good standing is required (from the Massachusetts Secretary of State’s Office).

7. Compensation to the Commonwealth, as described in Section C below.

Compensation A minimum annual fee payable to the Commonwealth of no less than:

1. Fifteen Thousand ($15,000.00) Dollars per year, per rink, excluding all permittee’s operating expenses, insurance, debt, depreciation, equipment, labor, administrative expenses, any other fees due to any other entity or municipality, and profit; and

2. Permittee shall also pay for all non-structural repairs, all utility expenses, and code compliance (air quality, health standards, non-structural/infrastructure related building code items (including but not limited to fire suppression compliance, alarm systems, temperature controls, cleanliness, painting, light elements replacement, safety and security components, etc.); and Proposer shall provide a list of rink improvements and a schedule for implementation. (This is an important part of the Compensation Scoring).

Upon approval of the successful Proposer by the Commissioner, the winning Proposer shall remit Five Thousand ($5,000.00) Dollars as a deposit, to be credited against the first season fee payment hereunder. Deposits shall be paid by using either a money order, cashier’s check, or certified bank check and shall be made payable exclusively to the “Commonwealth of Massachusetts.”

DCR may use a net present value formula to distinguish between proposals with equal compensation amounts.

Proposals lower than any required minimum or excepting out certain operational expenses will automatically be disqualified and rejected.

Proposers should provide all of the following information in sub-sections below. Proposers will be evaluated on the quality of the information provided.

Description of Entity and Related Experience

Description of Operations

1. Complete written description of the operation and services to be provided to rink visitors including but not limited to:

a. A detailed description, photos, schematics, etc., of the proposed rink uses including public (all skate and stick) ice time, concessions, any specific team or group uses, non-skating events or parties, any summer or off-season uses, and any other operations proposed to be offered at the Premises.

b. Maintenance, general operations, staffing, training, and financial management plans including:

1) Any proposed interior layout changes, signage, cleaning plans, maintenance or changes to any external areas around the rink, including walls, windows, doors, parking areas, landscaping, etc.; and

2) Proposer’s planned marketing, sponsorship, outreach, or discount programs, etc., if any.

3) Proposer’s auditable sales and accounting plans for the Premises including:

i. Fee collection (including cash and credit card management) system, including detailed price lists, event/door split policies, etc., for the Premises; and

ii. General description of any related services, food, merchandise, sales, events, programming or other revenue-generating operations now in place, if any, and those planned in the future for the Premises; and

iii. A plan for the prevention of fraud, waste, theft, and abuse by staff, patrons or other third parties.

4) A description of equipment or contracts for any equipment to be operated on the Premises and any proposed operational system, including repair or service contracts for all rink systems and equipment.

5) Hourly/daily staffing contingency coverage plans, including emergency plans for handling customer safety, accidents, other incidents, damage claims, communications, etc.

6) Safety and security plans or procedures for the Premises to ensure patrons, staff, nearby park visitors, and the general public are safely evacuated and emergencies are handled properly including installation and maintenance of defibrillators or extinguishers, video recording equipment, alarm systems, all equipment inspection and maintenance, operator certification and training updates, written or posted emergency and daily operations procedures or protocols, etc.

Financial, Rate and Budget Information

1. Proposers shall prepare and submit a pro forma statement for operation of the Premises that includes:

1. General and Administrative expenses including all forms of overhead, supplies, management and accounting expenses;

2. Any other expenses including insurance, bond or Letter of Credit taxes, and any local, state or federal fees for permits (i.e., food service permits and training);

3. Salary and Wages of all management and staff including a breakdown of hourly wages for all staff (full- and part- time), other wages, salaries, benefits, holiday, vacation and sick pay; wages or rates for on call personnel, weekend or non-skating/off-season management and staffing;

4. All property related expenses including system upgrades and maintenance, transportation, zamboni and ice edger maintenance, coolant, utility and security related expenses, concession supplies, snow and ice removal, grounds keeping, graffiti control, painting, fence repair, mowing, etc.

iii. The pro forma and proposal shall include and explain proposer’s estimate of profit and any other sources of revenue, including proposed fees, service charges, concession revenue, etc.

2. Financial statements for the proposing entity for the last two (2) fiscal years audited by a Certified Public Accountant, including profit and loss statements, balance sheets and cash flows; or for individuals copies of signed and filed federal and state tax returns for the last two (2) tax years; or for municipalities, please provide information that demonstrates the ability to fund and operate the rink.

3. Written evidence (i.e., letters, on letterhead) of proposers’ positive and timely payment history. Said letters must reference payment histories from the last five (5) years. Said letters must be from actual and current payees who can be contacted. If available, a Dun & Bradstreet report, or other credit history report or rating information.

Rule for Award and Evaluation Criteria DCR will select the responsive and responsible Permittee submitting the most advantageous proposal, 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 assist DCR evaluators in reviewing comparative criteria among the proposals. The selected winning proposer must have provided all required information and earn no less than seventy (70) points. Qualifications and point ranges are detailed below:

Submission Information and Checklist Proposal packages must be delivered electronically to:

DCR.PERMITS@MASS.GOV

Please send with a read receipt for proof of sending Include reference RFP # DCR 2022 400 – Proposal Response

NO LATER THAN:

4:00pm on August 15, 2022

(Please send via pdf form as multiple attachments may get returned by the EEA/DCR Server if the e-mail file is too large. Please give yourself time to send in your proposal. Do not wait till the last minute.)

Tips and Reminders:

· Send electronically to dcr.permits@mass.gov and send with read receipt for proof of sending.

· All electronic packages shall be clearly labeled with “RFP # DCR 2022 400 Skating Rink Operations” and include a return name, address, and e-mail or phone number. Please include a signed cover letter inside the envelope detailing contact information and a list of contents.

· Proposals shall clearly state a proposed permit fee compensation offer in US Dollars for each year of operation and a list of improvements to the rink, a schedule for their implementation and their monetary value. Make sure all words and numbers match.

· No special preference will be given to proposals received early. No late entries will be considered. Proposers should check the COMMBUYS site frequently (every day until a Notice is posted) for DCR amendments, answers to questions, updates and any schedule changes.

ATTACHMENTS TO THE RFP:

· Attachment A – Ice Time Rates (801 CMR 4.02 (302), excerpt)

· Attachment B - Certificate Of Compliance (Taxes)

· Attachment C – 2009 Mass Substitute Form W-9

· Attachment D – Proposal Submission Form

· Attachment E – Draft Permit

Ice Time Rates

801 CMR: EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE

4.02:

(9) Ice Skating Rinks

(a) DCR-operated Rinks

1. Peak Hour Ice Rentals:

vii. Other organizations and commercial entities

For purposes of 801 CMR 4.02[302]: Department of Conservation and Recreation(9), "peak" hours occur Monday through Friday from 3:00 P.M. to close; weekends and holidays from 7:00 A.M. to close.

For purposes of 801 CMR 4.02[302]: Department of Conservation and Recreation(9), rates are based on minimum 50-minute periods and will be pro-rated for longer periods.

2. Off-peak Hour Ice Rink Rentals:

For purposes of 801 CMR 4.02[302]: Department of Conservation and Recreation (9), "off-peak" hours occur Monday through Friday before 3:00 P.M.; weekends and holidays before 7:00 A.M.

For purposes of 801 CMR 4.02[302]: Department of Conservation and Recreation (9), rates are based on minimum 50-minute periods and will be pro-rated for longer periods

3. Energy surcharge (April 15th - October 31st) 25 per 50-minute period (applies to all usage)

4. Off-season facility rental (no ice) 150 per event

(b) Public skating at rinks operating under permits up to $5 per person per session

Certificate of 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 ______________ 2022.

Signature: _________________________________________________ duly authorized.

Name: ___________________________________________________

Title: ____________________________________________________

2009 Form W-9

Proposal Submission Form Commonwealth of Massachusetts Department of Conservation and Recreation Request for Proposals for Skating Rink Operations

RFP # DCR 2022 400

PROPOSAL SUBMISSION FORM

I, ______________________________ (Proposer) acknowledge receipt of the DCR’s Request for Proposals for Request for Proposals for RFP # DCR 2022 400, and submit the following proposal in response thereto:

A. Consideration

(this can be attached on separate paper)

2022-2023

2023-2024

2024-2025

2025-2026

2026-2027

2027-2028

2028-2029

2029-2030

2030-2031

2031-2032

Totals

Any additional consideration, requirements, capital improvements during permitted term to be considered?

B. Site Visit Verification A Site Visit prior to proposal submission is mandatory. If Proposers cannot attend on this date, they must arrange an alternate date and time with local DCR staff. All proposals shall be deemed to have been made with full knowledge and understanding of the existing Premises conditions. SITE INSPECTION VERIFICATION I ______________________, Proposer, visited the Premises site on ____________, 2022.

DCR Staff: ____________________________ __________________________________

C. References Along with actual reference letters, please fill out the chart below, or attach a separate sheet.

D. Acknowledgements and Conditions

a. By submission of its response to this RFP, the Proposer authorizes DCR to contact any and all parties having knowledge of the Proposer’s operations and financial history, and hereby authorizes all parties to communicate such knowledge or information to DCR.

b. The Proposer acknowledges that it has received and read the RFP and other attachments to the RFP, and the terms thereof are incorporated by reference in its Proposal. The Proposer agrees that if its Proposal is accepted, the Proposer will enter into a Permit Agreement with DCR and abide by the terms of the RFP, Award, and Permit Agreement.

c. This Proposal constitutes a firm offer. A certified copy of the Proposer’s corporate resolution or other proof of authority to make this Proposal as a firm offer must be attached. This offer shall be held firm and open for a period of one (1) year, effective beginning the date proposals are opened.

d. Proposers are advised to base their proposal response only upon the matters contained in this RFP and in any written clarifications (via addenda or answers to proposers’ questions) issued by DCR and disseminated to all Proposers on CommBuys. Any questions about the proposal must be submitted in writing prior to the scheduled deadline in the RFP as amended in any notice or on the CommBuys website for this RFP. Only questions, which in DCR’s sole judgment materially affect the RFP, will be clarified in writing by DCR and posted to CommBuys and/or with copies sent to all Proposers. Only such written clarifications to the RFP or the RFP document itself can be relied upon in the preparation and submittal of proposals.

e. The information provided in this RFP and any subsequent addenda or related document is provided as general information only. DCR makes no representations or warranties that the information contained herein is accurate, complete or timely. The furnishing of such information by DCR shall not create any obligation or liability whatsoever, and each Proposer expressly agrees that it has not relied upon the foregoing information and that it shall not hold DCR liable.

f. Any costs or expenses incurred in the development of a proposal in response to this RFP shall be borne entirely by the Proposer.

g. By submission of its proposal, the Proposer acknowledges that from and after the Permit Agreement commencement date, the sole basis for the right to operate the Premises as specified in this RFP is by award of the Permit Agreement which is a license (it is not a lease or other real estate interest).

h. DCR is soliciting competitive proposals pursuant to a determination that such a process best serves the interests of DCR and the general public, and not because of any legal requirement to do so. The Proposer acknowledges DCR’s right to accept or to reject any or all proposals, to withdraw or amend this RFP at any time, to initiate negotiations with one or more Proposers, to modify or amend with the consent of the Proposer any proposal prior to acceptance, to waive any informality to effect any agreement otherwise, all as DCR in its sole judgment may deem to be in its best interest.

i. Non-Collusion Provision. The undersigned certifies under penalties of perjury that this proposal has been made and submitted in good faith and without collusion or fraud with any other person except for any revealed partner(s) or investor(s). As used in this certification, the word “person” shall mean any natural person, business, partnership, corporation, union, committee, club, or other organization, entity, or group of individuals.

j. 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.

Name of Entity __________________________________________________ Date _________________ Signature of individual submitting proposal Printed Name and Title

Duly Authorized

- 1 - Z:\Operations\Special Services and Events\Permits\RFRs and Reverse RFRs\2016\217 -- Skating Rinks Operating Permits - multiple locations\2016 217 - Skating Rink Operations - 02 05 16.docx Draft Permit (This is for reference only, subject to change by DCR)

PERMIT AGREEMENT

BY AND BETWEEN

THE COMMONWEALTH OF MASSACHUSETTS

DEPARTMENT OF CONSERVATION AND RECREATION

AND ___________________

FOR THE OPERATION, MANAGEMENT AND MAINTENANCE

OF THE ______________________MASSACHUSETTS

TABLE OF CONTENTS

This Permit Agreement is being executed by and between the Commonwealth of Massachusetts, acting by and through its Department of Conservation and Recreation (“DCR”), having a principal place of business at 251 Causeway Street, Suite 600, Boston, Massachusetts, and________________, (hereinafter referred to as the “Permittee”), (DCR and the Permittee are collectively referred to herein as the “Parties”).

WHEREAS, the____________, is in the care, custody and control of the DCR on behalf of the Commonwealth of Massachusetts, (“Premises”); and WHEREAS, said Premises consist of the area and structures shown on Exhibit A, attached hereto, and including, but not limited to, non-exclusive parking areas, egress and ingress ways as shown; and WHEREAS, in July 2022, the DCR publicly advertised a Request for Proposals for the operation, management, and maintenance of the Premises; and WHEREAS, the Permittee’s proposal, after careful consideration, was determined to be the best value to the Commonwealth;

NOW, THEREFORE, WITNESSETH, in accordance with Massachusetts General Laws, c. 132A, §§ 2D and 7, c. 92, §§ 33 and 37, and DCR’s rules and regulations promulgated under titles 302, 304 and 350 of the Massachusetts Code of Regulations, and all other powers enabling and applicable, the DCR hereby grants to the Permittee the right to operate, manage, and maintain the Premises as an ice hockey rink subject to the following terms and conditions:

PERMIT AGREEMENT TERM

0. The Term for the use authorized herein shall be for a period of ten (10) years consecutive years, commencing on August, 2022 and terminating May 31, 2032. Any extensions, modifications, renewals of this Permit shall be granted in only in writing and at the sole discretion of the Commissioner of DCR.

CONSIDERATION

2.An annual fee payable to the Commonwealth of ______________ Dollars per year, excluding all Permittee’s operating expenses, donations to others, debt, depreciation, equipment, labor, etc., administrative expenses, repair and improvement costs,).

3. Payments shall be made whether or not receipt of an invoice is received.

4. Permittee shall also pay for all repairs, all utility expenses including refrigerant, and code compliance (e.g., air quality, health standards, non-structural/infrastructure related building code items including but not limited to fire suppression compliance, temperature controls, cleanliness, painting, light replacement, safety and security components, etc.), as outlined further herein. Permittee has also committed to the items or work outlined in Exhibit G.

1. Upon issuance of a Permit or at the execution of this Permit, Permittee shall remit deposits in the form of separate checks as follows a Five Thousand ($5,000.00) Dollar deposit for the fee to be credited against the first season fee payment hereunder. Deposits shall be paid by using either a money order, cashier’s check, or certified bank check and shall be made payable exclusively to the “Commonwealth of Massachusetts.” All payments shall include a notation specifying:

1. Payment of the remainder of the total compensation as proposed by the Permittee shall be paid to the Commonwealth via DCR, for each subsequent season of the Term. Compensation for each subsequent season of the Term shall be paid in monthly installments over the course of each year as follows:

(divided and due in monthly installments) Cash donation to Trust (divided and due in monthly installments)

1. DCR shall endeavor to bill Permittee by invoice for each payment as detailed above. Each invoice shall be paid within thirty (30) days of the invoice date. However, whether or not an invoice is issued, permittee is liable for the payments as bid in their proposal and accepted by DCR. Any nonpayment shall be a material breach and cause for termination of this Permit Agreement, pursuit of remedies by the Commonwealth and DCR consistent with the Termination provisions herein.

1. Any request to reduce the amount bid is considered an abatement request. All abatement requests must be presented in writing with sufficient information and background. Approval of such request is within the discretion of the Commissioner of DCR and the Office of the State Comptroller. Abatements will not be granted for weather, completion, or other circumstances beyond the control of DCR staff. Permittees should consider the option of withdrawing from the Permit with notice to avoid the necessity of abatement.

1. The Permittee may remit payments by money order, cashier’s check or certified bank check, payable to the Commonwealth of Massachusetts at the following address:

Department of Conservation and Recreation Attention: Accounts Receivable/Revenue Office 251 Causeway Street, Suite 600 Boston, Massachusetts 02114-2119

0. If Permittee desires to make its remaining payments by electronic fund transfers (EFTs), EFT Sign up forms can be obtained at this link: https://massfinance.state.ma.us/VendorWeb/EFT_FORM.pdf. Fill out the form and send it along with a Mass Substitute W-9 Form to the DCR Finance Office.

0. Payments shall include a notation specifying the rink as well as the Permittee’s operating name. EFT Payments must include the Permittee’s Vendor Code Number and Permittee should send an e-mail or fax confirmation to the DCR Finance Office.

CONDITION OF PREMISES; INVENTORY

0. The Permittee acknowledges that it has made an inspection of the Premises and that the Premises are in a satisfactory condition, suitable for the purposes of this Permit Agreement in its existing condition, and that it has not relied upon representations or statements of the DCR, its officers, employees or agents with respect to these conditions. The Permittee expressly agrees that the DCR has no obligation to make any alterations, repairs, additions, or improvements to the Premises, except as noted herein.

0. An inventory of the furnishings, equipment and facility condition may be developed and reviewed bi-annually. Items provided by DCR that are lost or broken shall be replaced by the Permittee. The Permittee shall sign a statement or other acceptable document indicating receipt of the items and acknowledging the condition of the facility, equipment and furnishings. Said statement or document may be developed using video footage but must also be accompanied by written hardcopy of the number of items and any corresponding serial numbers or identifying information.

MANAGEMENT REQUIREMENTS

Use of Premises, Fees and Ice Time Schedules, Etc.

0. The Premises shall be occupied and used for the purpose of operating a public ice skating rink available to all members of the general public, without preference to any one organization, municipality, or group. This purpose includes the use and care of equipment and materials incidental to the operation of the rink which may be assigned to the Permittee by the DCR, but such equipment and materials shall remain the property of the DCR.

0. The Permittee shall provide an organized, efficient, safe, clean, and professionally staffed ice skating rink operation. The Permittee shall maintain the Premises in a presentable and good condition at all times.

0. Unless otherwise provided in this Agreement, any and all provisions contained within this document shall be performed and conducted at the sole and exclusive expense and cost of the Permittee and to the satisfaction of the DCR.

0. The DCR shall have the exclusive right to object, with just reason, to the character of service or to any objectionable condition created or under the control of the Permittee. The DCR may temporarily suspend operations. If said objection occurs, the Permittee must discontinue the practice or remedy the matter immediately. The matter must be remedied to the satisfaction of the DCR.

0. During the entire term of this Permit Agreement, the Permittee shall strictly adhere to and comply with applicable fees and rates specifically itemized in 801 CMR 4.02 (302) (9) (a). (Said fee schedule can be found at: http://www.mass.gov/courts/docs/lawlib/800-899cmr/801cmr4.pdf; applicable DCR regulations can be found at 302 CMR 12.00.

0. The Permittee and DCR may hold annual joint inspections and meetings each year to discuss use, scheduling, maintenance of the Premises and grounds, and other pertinent issues. Additional meetings may be held as needed.

0. The Permittee shall host and lead an annual ice scheduling meeting for use of the Premises during the month of May. Said meeting shall be open to the public and must be conspicuously advertised at least one (1) month in advance and in not less than one (1) regional newspaper. Comprehensive meeting notes shall be provided to DCR upon request. A DCR representative may attend said meeting.

Operating Schedule

0. The Permittee may operate the Premises year-round but shall, at a minimum, ensure that the Premises is fully operable and open to the public during the full months of October through and including March each year. If the Premises are open year round, the Premises may be temporarily closed for base maintenance, resurfacing and to avoid permafrost damage.

0. The Permittee shall establish consistent and publicly advertised hours of operation, but not fewer than seven (7) days per week during October through and including March each year. Said operating hours may be determined by the Permittee, with the consent of DCR, and shall be in compliance with any applicable local and state ordinances and laws.

0. The Permittee shall immediately (within 24 hours) verbally notify DCR staff of any injuries, closures, property damage or related incidents that occur on the Premises and shall provide written notice to the DCR within three (3) calendar days of said incident. The written notice shall provide a detailed account of the incident including but not limited to the nature of the incident, the names of any individuals involved and the names of any and all witnesses, all phone numbers, addresses and contact information of affected individuals and witnesses and the names of any agencies (federal, state, and/or local) that responded to the incident.

0. During periods of closing due to inclement weather or any other cause not within the control of the DCR, all other obligations of the…