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 the contract.
A. Public Safety
No vehicles will be permitted on The Greenway except with written permission of the Conservancy.
Drop-off or pick-up of equipment must be managed by the Operator and conducted with extreme caution due to the highly public nature of The Greenway and the significant pedestrian traffic. The Operator must employ every measure necessary to minimize danger to the general public.
The Conservancy does not provide parking, either on The Greenway or elsewhere, for the Operator or their employees or vendors. All such parking is at the Operator’s sole cost and expense. All City and State parking laws and ordinances must be obeyed.
Security and public rule enforcement are the responsibility of Boston City Police Department and the Conservancy staff.
Due to special events or park maintenance, it may not always be possible for the Operator to utilize the Location. The Conservancy will provide as much advance notice to the Operator as possible and to find an alternate location when possible.
In the event of high winds, vendors are expected to dismantle any tent infrastructure to ensure the safety of the public.
In the event of weather with the chance of rain 80% or greater or severe weather conditions, the Conservancy and Operator will mutually agree if a Market should be cancelled at least 24 hours prior to a Market event.
B. Restrictions on Items for Sale
For any item intended to be consumed/used in the park, the sale of beverages in glass/breakable packing bottles is prohibited.
The use of polystyrene packaging is prohibited, and single-use plastics are strongly discouraged.
The City of Boston Plastic Bag Ordinance Chapter XVII prohibits the use of single-use plastic carryout bags with handles.
The selling of food and beverage items is prohibited unless specifically authorized in writing by the Conservancy. The selling and/or advertisement of cigarettes, cigars, vaping products, and any other tobacco products is strictly prohibited.
C. Cleanliness and Tidiness
All Market infrastructures must be removed from the site daily.
The Location shall be kept neat and clean at all times. Staining or otherwise impairing paved surfaces on which the Market is located will not be tolerated. The Operator may be required to cover the cost of power-washing the site if deemed necessary by the Conservancy.
D. Trash and Litter
The Conservancy will remove trash from installed barrels within the park. If a nearby barrel is nearly full, the Operator should call the Conservancy’s supplemental services provider, Block by Block, to help assure timely pickup.
The Operator must remove daily all trash and recyclables generated by on-site operations.
The Operator is responsible for picking up and removing from the site all litter within 10’ of the Market area. The Conservancy also expects the Operator to make reasonable efforts to assure cleanliness in the general area.
E. Vendor Information
The Operator must supply the Conservancy with a list of vendors at the beginning of the Market season for layout and invoicing purposes and notify the Conservancy of any vendor changes.
The Operator must supply the Conservancy with the number of customers served at each event. These figures must be supplied at the end of each month in electronic form to the Conservancy.
F. Market Image
All booths must be displayed in a professional manner. Only tents with white canopies are permitted and floor length tablecloths are required for all display tables.
A minimum of 40lbs per tent leg is required. Cinder blocks, bricks, and water jugs are not acceptable weights.
The Operator and vendors will only engage in behavior and speech conducive to good business practice and civility. Unlawful harassment of any type, including offensive, unwelcome physical or verbal behavior, and unsolicited comments or conduct related to a person’s race, color, national origin, ancestry, creed, religion, sex, sexual orientation, age, genetic information, gender identity, disability, military or veteran’s status will not be tolerated. Inappropriate language and behaviors will not be tolerated. Smoking, the use of alcohol, and/or the use of drugs are prohibited throughout The Greenway.
No signs, banners, or related hardware (ropes, wires, nails, staples, etc.) are to be attached to any tree or Greenway infrastructure (tables, benches, etc.)
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 are not permitted to use speakers, phones, or other devices to play music, videos, or other forms of entertainment.
G. Causes of denial of selling privileges; disciplinary actions
The Conservancy reserves the right to take action against the Operator who violates any of the rules and regulations detailed herein, or who fails to comply with relevant laws, rules or regulations (federal, state and local), this Agreement, or other rules established by the Conservancy. At the Conservancy’s option, such actions may include, but are not limited to, fines, suspension of Market privileges, revocation of this Agreement, or any other rights or remedies available to the Conservancy at law or in equity.
2. GOVERNMENT REQUIREMENTS AND REGULATIONS
The Operator and its employees shall inform themselves about and comply with federal, state and local laws as well as licensing requirements governing the production, display, distribution, sampling and sale of their products.
3. INSURANCE REQUIREMENTS
Operator 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 Operator or its agents, directors, officers, employees or contractors. If any proceeding is filed for which indemnity is required hereunder, Operator agrees, upon request therefore, 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 Operator 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 Operator.
Operator 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
Operator must secure property insurance on an all risk basis, subject to full replacement cost for all property used in conjunction with Operator’s operations with the Conservancy. Such insurance should contain a waiver of subrogation stating Operator waives all rights of subrogation against the Conservancy for loss to Operator’s property. It is agreed that the Conservancy is not responsible for any loss whatsoever to Operator’s property.
Operator 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.
Operator shall maintain the following umbrella limits:
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:
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 Operator.
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 Operator’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 Operator’s contract with the Conservancy evidence of current insurance is not on file with the Conservancy, then Operator’s right to occupy its designated Location(s) and provide Services will be suspended until Operator provides the Conservancy with acceptable evidence of the required insurance.