2021 Greenway Food Vending Program Request for Proposals  

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I. KEY INFORMATION FOR BIDDERS


A. OVERVIEW OF THE GREENWAY AND CONSERVANCY

The Rose Fitzgerald Kennedy Greenway (www.rosekennedygreenway.org) is the contemporary public park in the heart of Boston and typically welcomes millions of visitors annually to gather, play, unwind, and explore. The Greenway Conservancy (the “Conservancy”) is the non-profit responsible for the management and care of The Greenway. The majority of the public park’s annual budget is generously provided by private sources. 


The Conservancy envisions a vibrant, inclusive, and evolving gathering place that offers

  • healthy green space, 

  • fun, engaging, and thought-provoking experiences, and 

  • a testing ground for new ideas. 


We pursue our mission through

  • park care that sustains year-round beauty, ensures safety, and models environmental stewardship;

  • robust programming that showcases and supports the ingenuity and breadth of our community; 

  • temporary exhibitions of contemporary public art that facilitate artistic experimentation and speak to our current moment;

  • raising the standard of excellence for urban park management.


The Rose Fitzgerald Kennedy Greenway is a public park, and the Conservancy strives to make The Greenway and the Conservancy more diverse, equitable, and inclusive through every aspect of our work.


The Greenway is one of the most visited attractions in the Commonwealth. Prior to the COVID-19 pandemic, more than 1.4M trackable visitors attended The Greenway’s offerings each year, and millions more casually enjoyed the park. The 17-acre Greenway is one of only a few urban parks nationwide that is maintained organically, providing beautiful lawns and gardens to compliment the six fountains. 


The Conservancy’s programming and improvements have brought the park to life. The Greenway typically hosts more than 400 free programs annually—from free fitness classes to Coolidge Corner movie nights to the Greenway Open Market showcasing the work of local artisans. Partnerships with Celebrity Series Boston and the Boston Ballet have brought free, world-class performances to the public. Our nationally recognized food truck program, free Wi-Fi, moveable furniture, and seasonal planters have created welcoming and engaging spaces for all. Our dedicated Park Rangers regularly patrol The Greenway and ensure the safety and enjoyment of The Greenway for all. The one-of-a-kind Greenway Carousel at The Tiffany & Co. Foundation Grove, created by a Massachusetts sculptor, is the most accessible in New England, welcoming individuals with physical, cognitive and sensory disabilities. The Conservancy’s Public Art Program has become a leader in presenting temporary exhibitions of contemporary public art. In the last seven years, Americans for the Arts has honored eight works commissioned by the Conservancy, more than any non-profit in the country during that period. 10 years after the Conservancy took over management of The Greenway, we were awarded the Boston Society of Architects/AIA prestigious Commonwealth Award for place-making for our "outstanding work on the dynamic transformation of a portion of downtown" and Boston Globe columnist, Yvonne Abraham, lauded, “The Greenway has also become a destination unto itself; a serene respite from bustling streets, a place of immense beauty, a platform for adventurous public art.”


For over a decade, it has been the Greenway Conservancy’s mission to manage and care for The Greenway, providing vibrant green space that is essential to everyone who shares our city. In these difficult times of the COVID-19 pandemic, we will continue to do so. The Greenway remains open for the public to enjoy while observing safe physical distancing guidelines.


B.  OVERVIEW OF FOOD VENDING ON THE GREENWAY 

The Conservancy’s food vending program is in its eleventh season and features talented local chefs and small business owners with the goal to provide a great public amenity. Before the COVID-19 pandemic, the program saw growing crowds and acclaim; the Boston Globe wrote that “The Greenway is a place to eat – and eat well.” Mayor Walsh has said the Conservancy’s food vending program “not only offers residents and visitors alike an array of food options, but also helps support local food entrepreneurs.” The Conservancy’s food truck vendors are among Boston’s very best, and are real partners with the Conservancy. Greenway vendors’ are often acknowledged with awards and accolades. 


In 2019, the Conservancy accepted 37 trucks and carts for the 2020 season including 4 new vendors. In 2020, like so many businesses, organizations, and events, the Greenway Food Vending Program was impacted by the COVID-19 pandemic. The Greenway remained open for the public to enjoy while observing safe physical distancing guidelines. As food trucks are essential businesses, several of our partners vended in the park throughout the summer months on a reduced schedule and in line with guidance from the Commonwealth of Massachusetts and the City of Boston.


The Conservancy is seeking a diverse set of proposals from food/beverage vendors for both regular operations and special appearances such as vending at the Greenway Open Market, beer/wine gardens, and one-off event opportunities for the 2021-2022 season. Vendors will be selected for a combination of ability to deliver the indicated service and experience, compelling concept, fit of operations, and financial offer.


C. VENDING LOCATIONS AND TERM

The Conservancy has worked hard to ensure our food vending partners, and thus the Greenway Food Vending Program, can persevere through this unprecedented time. 


The 2020 season had varying participation and results due to the pandemic and its impact on downtown Boston. To ensure we were offering the best support and implementing effective strategies, we communicated consistently with our partners. We had individual discussions and distributed two surveys to collect feedback about partners’ business priorities and our vending considerations; 96% of food truck owners found that our communication during COVID-19 was helpful to their business. 


In view of the extraordinary challenges brought on by the pandemic, we took the unusual step of offering contract extensions to all existing 2020-2021 food vending partners as many were unable to vend on The Greenway this season; the Conservancy adjusted the Location Fee structure to provide more flexibility via a set flat fee plus a percentage of gross revenues per day. Approximately 60% of the 2020 vendors accepted these terms. 


Therefore, the number of available locations on The Greenway is limited for the 2021-2022 season. Patience will be required due to the uncertainty of the pandemic impact to downtown Boston. If COVID-19 persists, the Conservancy may need to reduce the food vending schedule in 2021 to ensure appropriate social distancing within the park. We will continue to work with food vending owners to develop safe and responsible guidelines, while supporting the food truck community for the 2021-2022 season.


The Conservancy seeks food/beverage vendors for the following locations on The Greenway and may consider proposals for other locations if interest is indicated. The Conservancy especially encourages self-propelled and self-contained vehicles, such as trucks, trikes, and bike carts due to their easy load-in/-out. Respondents must propose a daily fee AND a percentage of daily gross revenue, which must be at least $15 and 8% respectively, for each location they are interested in operating at.


The following locations are available for the 2021-2022 season:


  1. Next to the Greenway Carousel, across from Faneuil Hall and Christopher Columbus Park – two-truck cluster location

The Greenway Carousel at the Tiffany & Co. Foundation Grove opened in 2013. In a typical year, the Carousel operates daily from early April to early October and Fridays-Sundays from early October to January 1 and sees 100,000 visitors; 2020 operations were shortened to Fridays, Saturdays, and Sundays due to the coronavirus. The Carousel sits adjacent to the Boston Harbor Island Pavilion and there is a large amount of foot traffic from tourists traveling from Faneuil Hall towards the waterfront and commuters coming in from Long Wharf Ferry Terminal. 

There is a limited number of spots available for the 2021-2022 season. 

  • Minimum daily fee of $15 + minimum 8% of daily gross revenue

  • Minimum Vending Season – mid-May 2021 to October 31, 2021

  1. On State Street, across from the Aquarium T Stop – two-truck cluster location

This location is available for trucks interested in breakfast, lunch, or niche offerings looking to vend on The Greenway to the commuter crowd coming to and from the Aquarium T Stop, the Long Wharf Ferry Terminal, and along State Street. This area is also on the same parcel as Rings Fountain and sees tourist traffic from the New England Aquarium. Vending will be along the sidewalk on the south side of State Street and is possible for food trucks or trikes.

As the youngest Greenway location, vendors will require commitment and patience to see this spot grow. 

  • Minimum daily fee of $15 + minimum 8% of daily gross revenue

  • Minimum Vending Season – mid-May 2021 to October 31, 2021


  1. On Milk Street, across from the Rings Fountain – two-truck cluster location 

The Rings Fountain, turned on from May to October, is one of The Greenway’s signature destinations and just down the street from the New England Aquarium. This park offers benches, a grassy area with ample seating, and a shaded grove of trees. Foot traffic is heaviest when the fountain is on and during peak tourist seasons in a standard year, generally Memorial Day through Labor Day. Vending is possible for food trucks or trikes along the sidewalk on the south side of Milk Street. 

  • Minimum daily fee of $15 + minimum 8% of daily gross revenue

  • Minimum Vending Season – mid-May 2021 to October 31, 2021


  1. On Rowes Wharf Plaza, on the corner of Atlantic Ave and High St – multi-truck cluster location (up to 5 trucks and 1 trike/cart)

Before the COVID-19 pandemic, this plaza was a popular lunch destination during the week, attracting patrons from the nearby Financial District and waterfront. This large plaza is on the northside of High Street, across from the 2 International Place tower and the Boston Harbor Hotel. This location is possible for all equipment types and offers benches for seating. 

There is a limited number of spots available for the 2021-2022 season. 

  • Minimum daily fee of $15 + minimum 8% of daily gross revenue

  • Minimum Vending Season –  April 1, 2021 - December 31, 2021, with an extension option to continue through March 31, 2022


  1. Trillium Garden, on the corner of Atlantic Ave and High St – one food truck location

Trillium Garden, an open-air beer garden, is now in its fourth season on The Greenway. Located on a brick patio, the Garden has beer hall-style benches and tables, rustic fencing, and a custom-built bar. Trillium Garden has different hours for weekdays and weekends and is available for one food truck per day. Per current City of Boston guidelines, Trillium Garden has a food vending plan to comply with COVID-19 safety regulations. Food trucks interested in this location must be a consistent and communicative partner as they will work closely with the Conservancy and Trillium Garden; they must have the ability to handle the Garden’s capacity, and have adept technology to receive orders by QR codes and online menus.

  • Wednesday and Thursday (hours TBD): Minimum daily fee of $15 + minimum 8% of daily gross revenue

  • Minimum Vending Season – early-May 2021 – mid-October 2021


  1. Congress Street at Dewey Square Park – two-truck cluster location

Just one block from South Station and at the corner of Atlantic Avenue, Congress Street offers several benches and plenty of shade and is directly across from beautiful lawns. This location is possible for trucks and trikes. 

  • Lunch (10:30am - 3pm): Minimum daily fee of $15 + minimum 8% of daily gross revenue

  • Minimum Vending Season – April 1, 2021 – March 31, 2022 


  1. Dewey Square Park Plaza, across from South Station on Atlantic Avenue and Summer St. – multi-truck cluster location (up to 8 trucks)

In a typical year, the park and plaza receive a huge number of lunchtime visitors from the Financial District and 100,000 daily commuters from South Station. Since 2010, when the first food trucks appeared on Dewey Square Plaza, it has grown to become Boston’s premier food truck location with an increasing number of food trucks and breakfast options. 

Dewey Square’s food connection is strengthened by the twice-weekly farmers market, an edible garden, and events like the Dewey Square Block Parties. Dewey Square’s food truck cluster is complemented by garden seating, a lush lawn, and rotating public art; currently, the mural on The Greenway wall is Resonance by Super A.  

This is a very competitive spot that has traditionally been filled by returning vendors.

There is a limited number of spots available for the 2021-2022 season. 

  • Breakfast (7am – 10:30am): Minimum daily fee of $15 + minimum 8% of daily gross revenue

  • Lunch (10:30am – 3pm): Minimum daily fee of $15 + minimum 8% of daily gross revenue

  • Minimum Vending Season – April 1, 2021 – March 31, 2022

  • To be considered for Dewey Square Plaza, vendors must commit to the full 12 month vending season.


The Conservancy will also offer a shortened season at Dewey Square for the start of 2021, prior to the Boston Public Market Farmers Market arrival in mid-May. We encourage new vendors to test out this space at the start of the 2021 season

  • Lunch (10:30am – 3pm) Tuesday and Thursday only: Minimum daily fee of $15 + minimum 8% of daily gross revenue

  • Vending Season – April 1, 2021 – mid-May 2021

This is a limited vending season with no option to extend beyond the defined date in the contract (mid-May 2021). Vendors that take on a short season spot are often paired with a State Street or Milk Street location to move to in mid-May


Food Truck Location Map
The included map shows approximate locations for the designated locations. Exact locations will be determined by the Conservancy and included in the contracts signed with vendors. A detailed map of The Greenway and surroundings can be found at https://www.rosekennedygreenway.org/map/

D. OVERVIEW OF THE RFP PROCESS AND KEY DATES

Responses to this RFP are due Monday, November 9, 2020 at noon and require a submission fee of $55. 


Vendors can propose to operate in different locations on multiple days with their one food vending concept in a single RFP application and $55 submission fee. Different food concepts under the same ownership/management will be reviewed separately and should therefore be submitted as separate proposals, each with its own $55 fee. The non-refundable submission fee of $55 should be submitted online within the RFP application. 


The Conservancy will review applications, conduct interviews, and intends to award specific schedules and locations for food/beverage vendors by Friday, December 18, 2020. The following schedule is subject to change in the Conservancy’s sole discretion.


RFP Schedule:

  • Friday, October 16, 2020: RFP emailed out and posted on the Conservancy website

  • Friday, October 23, 2020, 3-4pm: Meeting (optional) via Zoom to discuss food truck program and answer RFP questions

  • Wednesday, October 28, 2020, 3pm: Any clarifying RFP questions due via email

  • Monday, November 2, 2020, 5pm: Answers posted on Conservancy website

  • Monday, November 9, 2020, noon: RFP submissions and fee due

  • November 11, 2020 – November 30, 2020: Interviews

  • Friday, December 18, 2020: Locations and schedules awarded 

  • By Monday, February 1, 2021: Contract execution

  • February 1, 2021 – March 31, 2021: Permitting 

  • April 1, 2021: Start of 2021-2022 season

E. CRITERIA FOR SELECTION

The Conservancy will award contracts to vendors that offer “Best Value” to the Conservancy. For purposes of this RFP, Best Value is deemed to mean the proposal, as determined by the Conservancy in its sole discretion, which best balances and supports the criteria set forth below. The Best Value does not necessarily mean the highest financial offer.


RFP responses will be evaluated based on the criteria below, and such other criteria as the Conservancy may deem relevant:

  • Ability to deliver the indicated service (especially: experience with mobile food service, permitting)

  • Fit of food vending concept with Conservancy goals and standards and with nearby audience (especially: distinctive, tasty, healthy, affordable, sustainable, local)

  • Fit of operations with Conservancy goals and standards (especially: safe, clean, sustainable, attractive food truck appearance, good communication, social media presence, adherence to Conservancy agreement and park rules and regulations, on-time payments)

  • Financial offer

II. APPLICATION

INSTRUCTIONS

  • All Respondents should read and understand all sections of this RFP document. 

  • All responses must be consistent with the guidelines in the Appendix. Please note the Insurance Requirements.

  • Please submit a completed RFP proposal and fee by noon on Monday, November 9, 2020

  • Any questions about the RFP must be received to vending@rosekennedygreenway.org by Wednesday, October 28, 2020 at 3pm. Answers to submitted questions will be posted on Monday, November 2, 2020 at 5pm at https://www.rosekennedygreenway.org/vending/.




Address







Social Media









The Respondent must describe any experience with mobile food permitting in the City of Boston and specify whether necessary permits are already in hand. The Respondent must certify that they have no outstanding code or other regulatory violations with the following City of Boston agencies: Health Department, Fire Department, Transportation Department, Code Enforcement Division, and Public Works Department. The Respondent must state whether they have been cited for illegal vending activities by the Boston Police in the last five years; if so, a written explanation of the charges and outcome must be included.  Respondent must have no food vending invoice payments or customer counts overdue to the Greenway Conservancy.






1. LOCATION PREFERENCES AND FINANCIAL PROPOSAL

In view of the challenges brought on by COVID-19, we are instituting a non-precedent setting change in our Location Fee structure for the 2020-2021 vending season. Respondents must propose a daily fee AND a percentage of daily gross revenue, which must be at least $15 and 8% respectively, for each location they are interested in operating at. A security deposit in the amount of at least $1000 will be required of vendors. To accept and confirm an offered location/schedule, vendors will be required to immediately pay this security deposit. Each vendor must supply the Conservancy with the number of customers served and the gross revenue for each day by the 5th of every month in Excel or Google Sheets format, which will be provided by the Conservancy, for invoicing purposes. A Late Fee of $100 will be issued for any late or non-submissions of customer counts and gross revenue information. Invoices for Location Fees will be issued by the 15th of the month and due within 15 days. 
Since the financial offer is just one of four criteria, the Conservancy reserves the right to accept Respondent(s) other than the highest bidder(s).





















2. EXECUTIVE SUMMARY OF PROPOSAL (<200 words)


3. FOOD SERVICE EXPERIENCE (<300 words)

Existing Greenway Conservancy vendors with no updates or changes in the last year may skip this section.


RFP responses should describe:

  • Previous food service experience of the owner and key staff, especially any outdoor and/or mobile operations (please include web links to any relevant media about the owners or their businesses)

  • Current food truck vending locations and corresponding average daily customer counts/tickets

  • Past, present and potential clients or business relationships with other parties that either pose or could pose a conflict of interest if the Respondent were selected

4. MULTI-YEAR AGREEMENT CONSIDERATIONS

The Greenway Conservancy has had a few multi-year agreements with long-term vendors throughout the years and is considering offers of multi-year agreements to a select number of existing vendors. 


As the program is highly competitive, vendors must meet the following criteria in order to be considered for a multi-year agreement:

  • Vended on The Greenway for a minimum of 5 years 

  • Offered consistently high, competitive financial proposals for location fees

  • Submitted invoice payments on time 

  • Submitted customer counts on time

  • Had very few infractions per season 

  • Appeared consistently with few absences per season 


Vendors that meet the above criteria will be contacted by the Conservancy and invited to submit a proposal for a multi-year agreement if they are interested.

5. FOOD VENDING CONCEPT AND MENU (<500 words)

Existing Greenway Conservancy vendors with no updates or changes in the last year may skip this section The Conservancy seeks distinctive, high-quality, and affordable food/beverage options that are consistent with the Conservancy’s goals of promoting health, community, and sustainability.  RFP responses should include:
  • A description of the food concept and how it fits with the description above

  • A sample menu/product list with prices 

  • The Greenway vending location(s) of interest and how the offering fits with the selected location(s) and appeals to its potential customers.


Please note that multiple different food concepts will be reviewed separately and should therefore be submitted as separate proposals, eg. different food concepts by the same owner require separate submissions (each with its own $55 fee) and will be evaluated separately. Vendors can propose a single operation in different locations on different days. Vendors can propose to operate multiple simultaneous locations and should explain how this would benefit Greenway visitors. Respondents who seek to operate in multiple locations and/or days throughout The Greenway may be awarded only one (or more) of their proposed locations and/or days.

6. Operations Plan (<1000 words) 

Existing Greenway Conservancy vendors should describe any changes to their on-site operations, specifically the requirements and guidelines that will be implemented for the duration of the COVID-19 public health situation.


The Conservancy seeks vendors that recognize that they are a critical contributor to the image of the parks and the City of Boston. The Conservancy will enforce high standards for appearance and service level, but more importantly, the Conservancy seeks vendors who will be partners in maintaining these high standards of operation. 


In no more than 1000 words (per proposed vending location), RFP responses should describe their plan for operations, including:


  1. Hours of operation

      • Proposed hours, days, and months of operation. Given the goal of serving the public, longer hours will be received favorably. The finalized hours, days, and duration will be specified in the contract between the vendor and the Conservancy. The park is closed between 11PM and 7AM.

      • Plans for foul-weather operations. The Conservancy will work with chosen vendors who propose to operate in the winter months to determine if/how access can be assured when snow is on the ground.


  1. Equipment – The aesthetics of food vending are critical in a park, particularly one as visible as The Greenway. Therefore, the Conservancy expects vendors to utilize equipment of a premium quality and design, and with a look that is consistent with the location. Chosen vendors must assure that all equipment is inspected and permitted by the necessary agencies. The Conservancy especially encourages self-propelled and self-contained vehicles, such as trucks, trikes, and bikes due to their easy load-in/-out. 

      • Complete list of proposed on-site equipment, with dimensions for any large items. Indicate if any long-lead items would need to be procured, along with estimated lead time. Vendors should propose the minimum necessary footprint; for all but food trucks, the Conservancy will restrict layouts to ~100SF. Recognize that most Greenway locations are highly visible from almost all angles, which means that “back of house” must be tidy.

      • Photos or renderings of key proposed equipment (food truck, push cart, trailer, or bike cart).


  1. On-site operations 

      • Utilities: There is no access to utilities on-site unless requested in advance for special circumstances or emergencies from the Conservancy. Please note that the Health Division of the City of Boston’s Inspectional Services Department requires mechanical refrigeration for all potentially hazardous food products.

      • COVID-19: Describe what requirements and guidelines will be implemented for the duration of the public health situation.

      • On-site delivery and restocking: All equipment must be removed from the site every day, with accommodation for safe passage by members of the public. Restock visits are limited to one per truck/cart per day and all equipment and re-supplies must be hand-rolled/carried to The Greenway vending location. Recognizing that public safety is paramount, describe how the equipment will be delivered, removed, and restocked daily

      • Other: Describe the number of staff the Respondent intends to dedicate on The Greenway daily. Indicate if credit/debit cards, or alternative payment types (e.g., Square) will be accepted for payment. 


7. CLEANLINESS AND SUSTAINABILITY (<500 words) 

The Greenway Conservancy, which maintains the park landscape completely organically, has high environmental expectations for the food truck program. We are seeking vendors who share our focus on reducing packaging and waste, eliminating single-use plastics following the City of Boston’s Plastic Ban Ordinance, adopting compostable and environmentally friendly products, and eliminating the use of plastic straws to further encourage waste reduction and sustainable practices. 


      • Cleanliness: Describe what measures will be taken to reduce spills, litter, manage trash etc., and how the location will be kept clean.

      • Green: Describe how operations will incorporate elements of environmental sustainability (solar power, bike carts, and biodiesel have been used by Greenway vendors). On-site waste reduction and environmentally friendly products are strongly encouraged, eg. no plastic bags, no plastic straws, no pizza boxes, use of compostable materials. Please note that polystyrene packaging is prohibited on The Greenway. A source of additional information is the Green Restaurant Association (http://www.dinegreen.com).


8. REFERENCES

Existing Greenway Conservancy vendors may skip this section
Please provide two professional references. References cannot be Conservancy employees.
Reference 1




Reference 2




9. STATEMENT OF INTENTION

Respondents must include a statement of intention to produce the following additional documentation when requested (and prior to contract signing):


  • Copies of all necessary permits required for vending from the City of Boston and the Commonwealth of Massachusetts, including Health and (as needed) Fire Department permits from the City of Boston. For more information about permitting, see http://www.cityofboston.gov/isd/health/

  • Certificates of Insurance (as described in Appendix)

  • Copy of federal W9 form

  • A signed Non-Collusion Form, Nondiscrimination and Affirmative Action Form, and Tax, Employment, and Childcare Compliance Form

  • Pro forma income projection for Greenway vending operation by month, showing customers, average ticket, COGS, operating expenses, and EBITDA


III. ADDITIONAL INFORMATION ON VENDOR SELECTION

The Conservancy reserves the right to reject any or all responses if it determines that such action is in the best interest of the Conservancy. The Conservancy reserves the right to modify, suspend or cancel this procurement at any time at its sole discretion. Responses which do not meet basic requirements or those which fail to meet minimum standards on any single evaluation criteria may be disqualified. In addition, the Conservancy may reject any response that contains contingencies, additions not called for, omissions, errors, or irregularities of any kind; provided, however, that the Conservancy reserves the right to waive any and all informalities or irregularities, and may elect to accept any omitted materials or information subsequent to submission.  


The Conservancy will have no obligation to treat any information submitted to it in response as proprietary or confidential, and information submitted to the Conservancy may be subject to disclosure pursuant to the Massachusetts Public Records Law. The Conservancy will have the right to use all or portions of the Respondent’s submittal and accompanying information as it considers necessary or desirable in connection with the project in question. By the submission of the required information and materials, the Respondent grants to the Conservancy an unrestricted license to use such information and materials in connection with such project.


After receipt of proposals, the Conservancy may, at its discretion, interview one or more Respondents, during which time such Respondent will have the opportunity to present its proposal and respond to questions; no statement by a Conservancy employee at any such interview is binding on the Conservancy. The Conservancy reserves the right to award final contracts on the basis of initial offers received, without discussions or requests for best and final offers. Selection of a Respondent does not imply that every element of that proposal has been accepted. 


The Respondent’s proposal in response to this RFP may be incorporated into a final contract between the Conservancy and the selected Respondent(s). If a Respondent is selected but proves unable to meet requirements necessary for contract signing, the Conservancy reserves the right to select another Respondent. Respondents not selected within this RFP process may be engaged for future opportunities that arise.


The Conservancy will not be responsible under any circumstances for any costs incurred by any Respondents to this RFP.

IV. APPENDIX - DRAFT VENDOR GUIDELINES

The following draft information is provided for guidance for Respondents composing their RFP responses. These draft guidelines are subject to change; a final version of the guidelines will be included in each agreement. 


1. OPERATIONS

A. Public safety 

  • Vendors must relocate if requested by the Conservancy, Public Safety Officials, or the Massachusetts Department of Transportation. Due to special events or park maintenance, it may not always be possible for Vendors to utilize their location. The Conservancy will provide as much advance notice to the vendor as possible and to find an alternate location when possible.

  • All equipment and re-supplies must be hand-rolled/carried to The Greenway vending location, except for food trucks or as specifically authorized by the Conservancy in writing. Drop-off or pick-up of equipment must be conducted with extreme caution, due to the highly public nature of The Greenway and the significant pedestrian traffic. Vendors must employ every measure necessary to minimize danger to the general public. Personal or restocking vehicles are not allowed onto The Greenway without previous written permission and consent from The Conservancy. 

  • Food vendors must adhere to all COVID-19 Requirements and Guidelines from the Commonwealth of Massachusetts and the City of Boston for food trucks for the duration of the public health situation

  • The Conservancy does not provide parking, either on The Greenway or elsewhere, for Vendors or their employees or suppliers.  All such parking is at the Vendor’s sole cost and expense. All City and State parking laws and ordinances must be obeyed.

  • Security and rule enforcement is the responsibility of Boston City Police Department and the Conservancy staff.


B. Restrictions on items for sale

  • The sale of beverages in glass bottles is prohibited.

  • The use of polystyrene packaging for food containers is prohibited, and single-use plastics are discouraged such as plastic bags and plastic straws.

  • The selling of non-food and -beverage items is prohibited unless specifically authorized in writing by the Conservancy. The selling and/or advertisement of cigarettes, cigars, and any other tobacco products is strictly prohibited.


C. Cleanliness and tidiness 

  • All equipment must be removed from the site daily.

  • Food products, beverages, ice, etc. should be stored and displayed in a neat and orderly fashion and in accordance with all applicable laws, rules and regulations, including, without limitation, all health code regulations. Other storage containers must be kept out of sight or stored off site. A diagram of the planned layout for equipment on-site must be approved by the Conservancy.

  • All equipment must be kept clean and in good condition and in compliance with all applicable laws, rules and regulations, including, without limitation, all health code regulations. Vendors must keep equipment clean, free of graffiti, and free of dents/other damage. Vendors shall clean, repair or replace equipment if deemed necessary by the Conservancy. 

  • In no event may any Vendor equipment leak any type of fluid, including water, onto the ground. Food trucks authorized to vend on The Greenway must have drip pan(s) placed under parked vehicles’ engine, transmission and any other mechanical equipment that could leak any type of fluid, including water. Drip pans under vehicles must be secured and weighted in place to prevent them from movement caused by external forces, such as wind, and shall contain all fluids from vehicles collected during the course of a day. Vendors shall transfer collected fluids without spilling into a sealable container and dispose of in accordance with local regulations. Drip pans shall be 26” x 36” minimum galvanized steel and shall be non-marking. Vendors shall remove drip pans from The Greenway at the end of each day.

  • All vending locations shall be kept neat and clean at all times, including but not limited to refraining from the spilling of products and cooking liquids on or around the vending area. Staining or otherwise impairing paved surfaces on which the vending location is located will not be tolerated. Vendors should check the location before and after vending and are required to notify The Conservancy of any leaks or streaks immediately. Vendors may be required to cover the cost of power-washing the site if deemed necessary by the Conservancy.


D. Trash and litter

  • Vendors must have their own trash receptacles on-site and remove all trash generated by on-site operations daily. 

  • Vendors are responsible for picking up and removing from the site all litter within 10’ of their designated area. 

  • Vendors are responsible for collection and transfer offsite of all recyclables. 

  • The Conservancy also expects Vendors to make reasonable efforts to assure cleanliness in the general area.

  • The Conservancy will remove trash from installed barrels within the park. If a nearby barrel is nearly full, the Vendor should call 857.263.0627 to help assure timely pickup.


E. Customer Count and Gross Revenue Information

  • Each Vendor must supply the Conservancy with the number of customers served and the gross revenue each day. These figures must be supplied in electronic form by the 5th of every month in the Excel or Google Sheets template provided. This information will help the Conservancy assess park usage and evaluate the vending program and be used for invoicing purposes. This will be kept confidential with respect to individual vendors. Vendor counts and gross revenue information can be sent to vending@rosekennedygreenway.org

  • Late submissions will result in a $100 fine.


F. Vending staff image and behavior

  • Vendors and employees must be clean and neat in appearance, and conform to all health code regulations. 

  • No music or other amplified sounds are permitted in connection with the services. 

  • Vendors and their employees will only engage in behavior and speech conducive to good business practice and civility. Inappropriate language and behavior will not be tolerated. Smoking, the use of alcohol, and/or the use of drugs are not permitted. 

  • Vendors are not permitted to use the following offensive marketing techniques: hawking, calling attention to products in a loud repetitive public manner, and selling products in an aggressive way. 

  • Vendors must, upon the written request of the Conservancy, immediately remove from service hereunder any employees who, in the reasonable opinion of the Conservancy, are guilty of improper conduct, are not qualified to perform the work assigned to them or are otherwise unsatisfactory to the Conservancy.  

  • Disrespect or disobedience to an identified Public Authority, Greenway Ranger, or Greenway Staff constitutes grounds for immediate suspension of operations.


G.  Causes of denial of selling privileges and disciplinary actions

  • The Conservancy reserves the right to take action against Vendors who violate any of the rules and regulations detailed herein, or who fail to comply with relevant laws, rules or regulations (federal, state and local), this Vendor Contract, or other rules established by the Conservancy.  At the Conservancy’s option, such actions may include, but are not limited to: fines (as provided herein), suspension of selling privileges, revocation of this contract, or any other rights or remedies available to the Conservancy at law or in equity. 

  • Non-payment of Location Fee or bounced check is grounds for immediate contract termination. 

  • Examples of violations include, but are not limited to, (i) missing or unauthorized signage; (ii) overcharging; (iii) expanding outside the designated Location; (iv) improper disposal of items; (v) equipment leaking fluids; (vi) equipment obviously damaged or in poor repair; (vii) graffiti, dirty equipment; (viii) use of unauthorized umbrellas and tents; (ix) unauthorized advertising or sampling; (x) roving or vending at unauthorized locations; (xi) improper storage; (xii) missing drip pan(s); (xiii) harming Greenway trees/assets; (xiv) sale of beverages in glass bottles; (xv) use of polystyrene packaging for food containers; (xvi) improper vending location; (xvii) improper loading in and out; (xviii) unauthorized vehicles; (xix) late payment of Location Fee; (xx) late or non-submission of customer counts

  • If any of the above rules and regulations is violated, Vendor may be fined up to $150 for each and every offense.   

  • If a fine is received for one of the above violations, Vendor may appeal to the Conservancy if Vendor feels the fine has been assessed in error.  The steps are below:

  • If Vendor wants to appeal the fine, a notice of appeal must be delivered to the Conservancy within ten (10) days along with a statement of reasons why he or she believes the fine was erroneous. The statement of reasons must be notarized. Any evidence supporting Vendor’s appeal (such as photographs, documents, and witness statements) should also be included.

  • If no appeal is received within 10 days of the date the assessment is mailed, the fines shall be considered final and due on the 1st day of the following month.


2. GOVERNMENT REQUIREMENTS AND REGULATIONS

All Vendors and their employees shall inform themselves about and comply with federal, state and local laws as well as health regulations and licensing requirements governing the production, display, distribution, sampling and sale of their products.  


A. City and State permits and regulations

  • Vendors are responsible for acquiring all necessary City and State permits and abiding by all relevant rules and regulations, including the City of Boston Inspectional Services and Fire Departments, and applicable Commonwealth of Massachusetts Sanitary Code. 

  • Vendors must adhere to all COVID-19 Requirements and Guidelines from the Commonwealth of Massachusetts and the City of Boston for food trucks for the duration of the public health situation

  • Please note that the Inspectional Services Department’s Health Division mandates mechanical refrigeration for all potentially hazardous food products.

  • Vendors are subject to periodic, unannounced checks by City Departments and are subject to their decisions.

  • All permits (Fire, Health, etc.) must be kept at the vending location and presented on request. 

  • Vendors must follow all tax laws.


B. Permit contact information

Health Permits & Food Manager Certification Course Information

Fire Permits – e.g., propane

Boston Inspectional Services Department

Boston Fire Department

Division of Health Inspections

Fire Prevention Division

1010 Massachusetts Avenue, 5th floor

1010 Massachusetts Avenue, 4th floor

Boston, MA 02118

              www.boston.gov/isd/health 


              617-635-5300

              isd@boston.gov


Boston, MA 02118

              www.boston.gov/fire-prevention


              617-343-3628

              bfdfirepreventioninfo@boston.gov





3. INSURANCE REQUIREMENTS

I. Indemnification

Provider hereby agrees to defend, indemnify, and hold the Conservancy, the City of Boston, and the Massachusetts Department of Transportation, any event sponsor as selected by the Conservancy (if applicable) and any successor of the foregoing entities, and including elected and appointed officials, as well as the agents, directors, officers, employees and contractors of the same entities, harmless from and against any and all claims, demands, liabilities, causes of action, suits, judgments, damages, and expenses (including reasonable attorneys’ fees) arising from any injury to or death of any person or the damage to or theft, destruction, loss, or loss of use of, any property or inconvenience arising from or in connection with any act or omission of Provider or its agents, directors, officers, employees or contractors. If any proceeding is filed for which indemnity is required hereunder, Provider agrees, upon request therefor, to defend the indemnified party in such proceeding at its sole cost utilizing counsel satisfactory to the indemnified party. These defense, indemnity, and hold harmless obligations of Provider shall survive the expiration or earlier termination of this Agreement.


II. Types of Insurance

The following insurance requirements represent the minimum required insurance coverages and limits.   It is understood that these limits do not limit the liability of the Provider.


1. Workers Compensation 


Provider shall maintain the following workers compensation limits:

Coverage A Workers Compensation:  Statutory as Required by Massachusetts Law Coverage B Employers Liability:  

- bodily injury by accident $500,000 each accident

- bodily injury by disease $500,000 each employee

- bodily injury by disease $500,000 policy limit


2. Property

Provider must secure property insurance on an all risk basis, subject to full replacement cost for all property used in conjunction with Provider’s operations with the Conservancy.  Such insurance should contain a waiver of subrogation stating Provider waives all rights of subrogation against the Conservancy for loss to Provider’s property.  It is agreed that the Conservancy is not responsible for any loss whatsoever to Provider’s property.


3. Automobile Liability

Provider shall maintain the following minimum limits of automobile liability insurance:

- $1,000,000 per accident, bodily injury and property damage combined

Coverage must include non-owned and hired liability.


4. General Liability

Provider shall maintain the following minimum limits of general liability insurance:

- $1,000,000 per occurrence for bodily injury and property damage

- $5,000 medical expense

- $1,000,000 personal injury

- $2,000,000 general aggregate 

- $1,000,000 products / completed operations 


Coverage must be equivalent to ISO Form CG 01 01 12 07. Coverage must be provided on a first dollar basis without a deductible.  General liability policies subject to a deductible will need to be approved by the Conservancy.


5. Umbrella 

Provider shall maintain the following umbrella limits:

- $2,000,000 per occurrence

- $2,000,000 aggregate

Self Insured Retention:  Not to exceed $10,000.


Coverage should be equivalent or broader than the coverage afforded on the underlying general liability, automobile liability and employers liability grant within the workers compensation policy.


III. Other requirements

Certificates of Insurance evidencing the above required coverages must be provided to the Conservancy at the execution of contract.  Certificates of Insurance must be provided naming the following entities as Certificate Holders:

- Rose Fitzgerald Kennedy Greenway Conservancy, Inc.; 185 Kneeland St.; Boston, MA 02111

- City of Boston; One City Hall Square; Boston, MA 02201

- Massachusetts Department of Transportation; 10 Park Plaza, Suite 3170; Boston, MA 02116


Insurance Carriers must be authorized to write business in the Commonwealth of Massachusetts and have a minimum AM Best Rating of A- VII. Certificates must specify the current AM Best Rating of each insurance carrier providing insurance to Provider.


Certificates must also specifically state the above entities are named as additional insureds on the general liability, automobile liability, and umbrella liability policies.  The certificate must also state that the coverage is being afforded to the additional insured on a primary and non-contributory basis.


All policies required must include a waiver of subrogation, waiving all of Provider’s rights against the Conservancy,  The City of Boston, and the Massachusetts Department of Transportation. Certificate must note the same. The workers compensation policy must be specifically endorsed as such.


The certificate should indicate that 30 days’ notice of cancellation or nonrenewal to each certificate holder will be provided.  Any “endeavor to provide notice” should be deleted.  The policies must be specifically endorsed to provide notice to the certificate holders.


Failure to provide property and casualty insurance certificates meeting the requirements detailed herein could result in revocation of acceptance and denial of access to The Greenway.


All insurance required must be maintained throughout the duration of the contract.  If at any time during the Term of Provider’s contract with the Conservancy evidence of current insurance is not on file with the Conservancy, then Provider’s right to occupy its designated Location(s) and provide Services will be suspended until Provider provides the Conservancy with acceptable evidence of the required insurance.


V. FINAL STEP

Please click on the 'Submit Application' button to submit your application. 

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