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Objective

The objective of permitting concession privileges in parks is to provide the public with access to complementary products and services while generating revenue to support parks and recreation operations.  These guidelines will be used to determine the specific parks where concessions will be permitted and the types of concessions allowed. Concessions are approved and placed where the products or services provided are otherwise not conveniently available and the usage of the park establishes a public demand.  Concession privileges will be granted only when the Director of Groton Parks & Recreation (GP&R) or designee has determined that the products or services offered will provide an enhancement to the park.   

Description

Concessions are considered to be the privilege permitted to an individual or organization of maintaining an ongoing subsidiary business within park premises.

Scope

These specifications are intended for application to those concessions permitted and controlled by Groton Parks and Recreation in designated parks.

Determination Criteria

Groton Parks is looking for, or prefers, the following qualities and or services in a concession operation that:

  • Provides good value and variety for customers. (20%)

  • Operates at convenient times. (15%)

  • Generates revenue for the Town. (15%)

  • Provides local organic and healthy food options. (10%)

  •  Provides biodegradable containers. (10%)

  • Provides a strong waste and garbage management plan with their application. (10%)

  • Keeps accounts in good standing. (10%)

  • Benefits various youth sports leagues in Town. (10%)

Permit Period

Unless specified otherwise, the permit period ends on the last day of a month and is limited to the hours of operation specified. Special one-day permits are available for identified community events such as concerts, parades, and other large events.

Approved Concession Products and Services

Concessions operations permitted within Groton parks primarily include food and beverages for immediate consumption.  Other products or services such as education and fitness programs, tours, music, or sports concessions may also be approved by the Director.  All such concessions are subject to requirements of Town ordinances and park rules and regulations and are subject to control and conditions of operation as set forth by contract.

 

All items or services to be sold shall:

  • Be vended from an approved vending cart or vehicle, unless otherwise approved by GP&R.

  • Not lead to or cause congestion or blocking of pedestrian traffic on the sidewalk.

  • Involve a short transaction period to complete the sale or render the service.

  • Not cause undue noise or offensive odors. Be easily carried by pedestrians.

  • Not directly compete with a like product either sold within the park.

  • Not harm or encumber park structures, vegetation or other permitted programs, activities or events.

Concession Vending Apparatus and Facilities:

Acceptable vending operations should be housed in a self-contained non-motorized push cart, vending trailer or motorized vending vehicle. 

Concession must be removed daily. Concessions must limit setup to approved location and must park any vehicles in designated parking spaces.

General Concession Requirements

 

 

Insurance Requirements

Concessionaire shall agree to maintain in force at all times during which services are to be performed.  

Insurance shall be written with carriers approved in the State of Connecticut and with a minimum AVI Best's Rating of "A-" VIII. In addition, all carriers are subject to approval by the Town of Groton and no coverage shall contain special limitations on the scope of protection afforded to the Town, its officers, officials, employees or volunteers.  The Town of Groton shall be named as an Additional Insured on a primary and non-contributory basis to all policies except Workers' Compensation and Professional Liability(Minimum Limits).
General Liability    
  Each Occurrence $1,000,000
  General Aggregate $3,000,000
  Products/Completed operations Aggregate

-    Policy must contain no exclusion for Explosion. Collapse and Underground Hazard (XC & U)

-    Contractor must notify the Town whenever claims Reduce the General Aggregate below $1,000,000

-    The Town should be notified if the Aggregate limits Include defense costs

$3,000,000
Auto Liability Combined Single Limit Each Accident $1,000,000
Pollution Liability (If required) Each Claim or Each Occurrence $1,000,000
 

Aggregate

-Policy must contain no exclusion for Asbestos

$1,000,000
Professional Liability (If required)    
  Each Claim $1,000,000
  Aggregate $1,000,000
Umbrella (Excess Liability)    
  Each Occurrence $1,000,000
  Aggregate $1,000,000
Workers' Compensation and Employers' Liability    
  WC Statutory Limits  
  EL Each Accident $500,000
  EL Disease Each Employee $500,000
  EL Disease Policy Limit $500,000

The Town of Groton, 45 Fort Hill Rd, Groton, CT  06340 shall be named as "Additional Insured" and as a certificate holder. Coverage is to be provided on a primary, noncontributory basis.  If any policy is written on a "Claims Made" basis, the policy must be continually renewed for a minimum of two (2) years from the completion date of this contract. If the policy is replaced and/or the retroactive date is changed, then the expiring policy must be endorsed to extend the reporting period for claims for the policy in effect during the contract for two (2) years from the completion date.

Original, completed Certificates of Insurance must be presented to the Town prior to permit issuance. Vendor agrees to provide replacement/renewal certificates at least 60 days prior to the expiration of the policy.  Should any of the above described policies be cancelled before the expiration date, written notice must be made to the Town 30 days prior to cancellation.

Independent Contractor Status

The Concessionaire and its employees will not be employees of the Town of Groton and are not eligible for any benefits through the Town, including without limitation federal social security, health benefits, workers' compensation, unemployment compensation, and retirement benefits.

The Concessionaire is engaged as an independent contractor and will be responsible for any federal, state, and local taxes and fees applicable to Concessionaire's activities.

Indemnification

The Concessionaire shall hold harmless, defend, and indemnify the Town and the Town's officers, agents, and employees against all claims, demands, actions, and suits (including all attorney fees and costs) brought against any of the aforementioned arising from the Concessionaire's operation under the Permit.

Fire Marshal Inspection and Permit

All concession units using a propane appliance-fuel system are required to obtain the Fire Marshal's permission before use under the terms of the concession permit. A permit shall be obtained from the Fire Marshal prior to the use of the cooking propane system. 

 

Health District Permit  

Vendors preparing food items must obtain a permit from Ledge Light District.  860-448-4882

 

Police Vending Permit  

Vendors must obtain a permit from the Groton Town Police Department.  Vending permits are good for one calendar year, expiring on December 31 of each year.   An annual fee applies.  For more information contact Colleen Quattromani at cquattromani@groton-ct.gov or 860-441-6713.   This permit also requires sign-off from the Zoning Official.

General Conditions of Use

  • Concessionaires will be required to use fully compostable or recyclable containers and related disposable products, including take away condiment packaging, cups, lids and utensils.

  • Concessionaires will be required to provide separate trash and recycling containers for their operations.  Concessionaire shall be responsible for daily cleanup of all park area within 100 feet from each concession operation.  Concessionaire shall be responsible for removing and disposing of all litter, trash and items to be recycled generated by Concessionaire's operation at the Concessionaire's own expense. The Town shall charge for the costs of special clean up necessary should the Concessionaire fail to reasonably perform.

  • Concessionaires shall not vend or offer glass containers, plastic lids, plastic straws, plastic beverage stirrers, plastic sandwich containers, Polystyrene foam containers, packaged condiments, and/or packaged seasonings in conjunction with Concessionaire's operation.

  • Concessionaire accepts full and complete responsibility for any and all loss of or damage to any item of Concessionaire's property from any cause whatsoever and expressly releases the Town of Groton, its officers, agents, and employees, from any liability therefore.

  • No concession shall sell a product that directly competes with a like product sold within the park.

  • A "like" product is one that a reasonable person would consider within the same family of products. Parks would not allow a vendor to sell a menu of Mexican food that included enchiladas while another sold only enchiladas. An example of other products in conflict; hotdogs/kielbasa, snow cones/slushies. Parks would not allow these items to be sold in competition with another adjacent business.

  • Beverages are not considered to be in competition unless it is the primary product sold. 

  • The Concession permit or privilege provided may not be assigned or transferred.

  • The Concession permit shall be displayed at all times when in operation.

  • The Concessionaire shall not subcontract its work under this Agreement, in whole or in part.

  • The Concessionaire is confined to the areas specified in its permit or subsequently determined to be satisfactory by the Director of GP&R.  Such areas may vary from time to time and may be extended or restricted as the need appears to the Director. 

  • The Town shall be under no obligation to furnish shelter, utilities, equipment, furniture, or fixtures.

  • Hours of operation are limited to open park hours.

  • Utilities used by or for the benefit of the Concessionaire shall be paid for by Concessionaire on a rate to be determined by the Director of GP&R.

  • The Concessionaire shall not place any signage in the park or adjacent right-of-way except which is directly affixed to the vending unit.   Signage must be attractive and professional (typically no handwritten signage) with prices posted in plain view to patrons. Vendor shall not erect, maintain or display any signs or any advertising and promotional material without approval of the Town.

  • Pushcarts, trailers, and mobile units must be removed from Park property on days and hours when not open for business and at times other than the season and hours of operation as specified.

  • Improvements to the park location for the Concessionaire's benefit shall not be made without GP&R's written approval and shall be made at the Concessionaire's expense.  Such improvements shall meet GP&R specifications and shall be in compliance with all federal, state, and local laws and regulations. Such improvements, unless designated temporary, shall become property of GP&R, or, at GP&R's request, be removed by the Concessionaire, at its sole cost, upon termination of the permit.

  • Prices of items and/or services sold or offered shall be visibly posted and shall be fixed for the duration of the permit.

  • Concessionaire shall not sell or distribute alcoholic beverages or tobacco products under the privileges provided herein.

  • Concessionaires shall eliminate any unsafe condition or public hazard resulting from or associated with Concessionaire's activities without delay as directed by GP&R staff.

  • Concessionaire shall be responsible for cost of repair or replacement for any damage to park property from Concessionaire's or its invitee's activities.

  • Notwithstanding the conditions of operation included herein, the Concessionaire shall abide by all park rules and regulations.

  • Permits are issued by calendar month and expire on the last day of the month.

  • To maintain the right of first refusal for the following month's permit the Concessionaire must apply on or before 15 days in advance.

  • The Town may revoke or suspend the vending cart permit or may deny the renewal of said permit if they find any required permit, license or document has been suspended, revoked or canceled; the permittee no longer has current and effective insurance that meets permit requirements or the permittee has violated or failed to meet any of the provisions listed here.

Rights Reserved

  • The Town reserves the right to reject any and/or all applications, in whole or in part.

  • In the event that Concessionaire fails to comply with any of the requirements or conditions of the permit, including these specifications, the Town reserves the right to suspend or terminate immediately the permit by mail or hand delivery of written notice of the breach to Concessionaire, addressed to Concessionaire's last address on file with GP&R.

  • The Director of GP&R reserves the right to terminate a concession permit or portion thereof should the service prove unsatisfactory in the opinion of the Director.

  • The Director of GP&R reserves the right to determine the exact location within each park or right-of-way area adjacent to each park where the Concessionaire may conduct operations under the terms of the concession permit.

  • The Town, on 15 days' written notice to the Concessionaire, may terminate the concession permit for any reason deemed appropriate in its sole discretion.

  • If the Concessionaire voluntarily terminates the permit, or if the Town for any cause terminates the permit, Concessionaire shall forfeit all amounts paid to the Town.

  • GP&R reserves the right to locate Special Events within any park. In that event, all concessions can be excluded from the park with 15 days' notice provide by GP&R.

  • The Director of GP&R reserves the right to review for approval all items and services offered and all prices of items and services provided to the public.

  • The Director of GP&R reserves the right to issue permits for any park for any use deemed appropriate by the Director.  Such permitted use may include distribution and/or sale of items and services similar or identical to items and services provided by Concessionaire.  Such permitted use may result in the temporary exclusion of the Concessionaire from privileges described herein or may result in a temporary change of Concessionaire's location and/or times of operation.

Payment and penalties

A one-time application/processing fee is due at the time of application. The Application/Processing fee for determining new concessionaire is $50.

A usage fee will be charged for each month of use for all parks.  The Town may also offer one-day or multiple-day permits for special events such as races, tournaments, concerts, parades and other events with separate pricing.   Fees must be paid in full prior to issuance of a permit.  Fees charged are clearly listed on the vendor application.

The Concessionaire may be fined for failure to adhere or maintain any and all of the conditions of use or requirements included in their concession permit. Fines levied may be up to 100% of the monthly fee per site per incident.  All fines must be paid within 30 days of notification to prevent revocation of permit. No future permits will be granted an individual or organization until all outstanding balances are paid.

This rate will be tripled for every day you are in the park for set up or take down which was not on the original permit. If this time extension causes the Groton Parks & Recreation to reschedule maintenance activities, the event will be billed for any additional GP&R operating costs incurred by the rescheduling.

 

Commencement of Work

Concessionaire agrees that operations conducted pursuant to this permit will not be commenced until after all applicable requirements have been met, including but not limited to:  

  • Adequate proof of liability insurance and when necessary Worker's Compensation requirements, as outlined elsewhere herein, has been provided to GP&R; and

  • The permit is fully executed by the parties and approved by GP&R; and

  • When appropriate a Fire Marshal inspection has been obtained and GP&R has been notified; and

  • Concessionaire is required to meet onsite with GP&R staff member prior to first business day and

  • Concessionaire is granted Right of First Refusal when their account is in good standing and when their application for the following month is received no later than 30 days in advance. 


Groton Parks and Recreation | 27 Spicer Ave., Noank, CT 06340 | 860.536.5680 | ParksRec@groton-ct.gov
 
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