I. KEY INFORMATION FOR BIDDERS

The Rose Fitzgerald Kennedy Greenway (www.rosekennedygreenway.org) is a contemporary public park in the heart of Boston and welcomes millions of visitors annually to gather, play, unwind, and explore. The Greenway Conservancy (the “Conservancy”) is the non-profit that has sole responsibility for managing all aspects of the Rose Kennedy Greenway, including horticulture, programming, public art, maintenance, and capital improvements. 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 complement 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 movie nights to the Greenway Artisan Market showcasing the work of local artisans. Partnerships with Celebrity Series Boston and the Boston Lyric Opera have brought free, world-class performances to the public. Our nationally recognized food truck program, 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 park 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. The rotating artwork ensures new perspectives and ideas can be explored, celebrating the work of local, national, international, emerging, and established artists.

Ten 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.

 

B.  OVERVIEW OF FOOD VENDING ON THE GREENWAY 

The Conservancy’s food vending program is in its fifteenth 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.” Former Mayor of Boston, Martin J. 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, including Boston Magazine’s Best Food Truck of 2022 and Best Caribbean Restaurant of 2023.

The Conservancy accepted 25 trucks and carts for the 2024 season. Like many businesses, organizations, and events, the Greenway Food Vending Program continues to be impacted by the affects of the COVID-19 pandemic, though is encouraged by the growth in our program each season since 2020.

 

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 Artisan Market, beer/wine gardens, and one-off event opportunities for the 2025 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 seeks food/beverage vendors for the following locations on The Greenway and may consider proposals for other locations if interest is indicated.

Minimum vending hours have been established for select locations to ensure consistency and success, particularly in areas that cater to the lunchtime crowd or at beer gardens. For locations without assigned minimum hours, vendors have the flexibility to determine their own regular schedule. Vendors are also welcome to propose operating hours outside of our minimum vending hours, such as during breakfast.

The Conservancy especially encourages self-propelled and self-contained vehicles, such as trucks, trikes, and bike carts due to their easy load-in/-out.

The Food Vending Program’s current fee structure consists of a flat shift fee PLUS a percentage of gross revenue. Respondents must propose both a flat shift fee and a percentage of their gross revenue when bidding on a location. The minimum bid must be at least $25 per shift plus 8% of revenue for each location they are interested in operating at. Total vending fees will be capped at $200 per shift across all locations in the park.

The flat shift fee will be charged regardless of whether or not vendors are present during their shift, and the revenue share will be calculated based on sales in the park.

The Conservancy and our customers value consistent vendors, which can help improve customer retention. If vendors are absent for more than 50% of their scheduled shifts within a set month, an absence fee of $100 will be applied. Should extenuating circumstances arise that impact your ability to vend on The Greenway, please communicate with the Conservancy team in a timely manner to discuss operational and fee options. Absences from Greenway vending totaling 3 months or more are grounds for immediate contract termination.

The following locations are available for the 2025 season:

1. Dewey Square Park Plaza, across from South Station on the corner of Atlantic Ave and Summer St – multi-truck cluster location (up to 7 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. Dewey Square’s food connection is strengthened by an edible garden and a pop-up drinkery. Dewey Square’s food truck cluster, the first to ever be permitted in the City of Boston, is complemented by plaza seating, a lush lawn, and rotating public art; currently, the mural on The Greenway wall is your spirit whispering in my ear by Jeffrey Gibson.

• Minimum Lunch Vending Hours: 11:30am-2pm

• Minimum Vending Season – April 1, 2025 - December 31, 2025, with an extension option to continue through March 31, 2026

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

Trillium Garden, an open-air beer garden, is now heading into its ninth 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. Food trucks interested in this location must be a consistent and communicative partner as they will work closely with the Conservancy and Trillium Garden management. Trucks with adept technology to receive orders by QR codes and online menus are preferred. Trillium Garden hours are typically Mondays and Tuesdays (4pm-9pm), Wednesdays and Thursdays (3pm-10pm), Fridays and Saturdays (12pm-10pm), and Sundays (12pm-6pm). This location is available for one food truck per day.

• Minimum Vending Hours (Monday to Friday): 4pm-7pm

• Minimum Vending Hours (Saturday and Sunday): 12pm-5pm

• Minimum Vending Season – early-May 2025 – late-October 2025

3. Rowes Wharf Plaza, on the corner of Atlantic Ave and High St – multi-truck cluster location (up to 4 trucks)

This plaza is a popular lunch destination during the week, attracting patrons from the nearby Financial District and waterfront. Located on the north side of High Street, across from the 2 International Place tower and the Boston Harbor Hotel, this large plaza also offers benches and tables for seating.

• Minimum Lunch Vending Hours: 11:30am-2pm

• Minimum Vending Season – April 1, 2025 - December 31, 2025, with an extension option to continue through March 31, 2026

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

The Rings Fountain, which runs from May through October, is one of The Greenway’s signature destinations and is just down the street from the New England Aquarium. This park area 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 season in a standard year, generally Memorial Day through Labor Day. Vending is possible along the sidewalk on the south side of Milk Street.

• Minimum Lunch Hours: 11:30am-2pm

• Minimum Vending Season – May 1, 2025 to October 31, 2025

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

This location is available for vendors interested in breakfast, lunch, or niche offerings looking to vend on The Greenway. This area is north of Rings Fountain and near the Aquarium T Stop, Long Wharf Ferry Terminal and State Street. On weekends, State Street is in the center of the Greenway Artisan Market, which draws large crowds of locals and tourists alike, connecting the New England Aquarium and Faneuil Hall. During the weekdays, this area sees foot traffic from local workers and commuters. Vending will be along the sidewalk on the south side of State Street.

• Minimum Vending Season – May 1, 2025 to October 31, 2025

6. 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. The Carousel operates daily from early April to early October and Fridays to Sundays from early October to January 1 and sees 130,000 visitors annually. The Carousel sits adjacent to the Boston Harbor Islands 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. 

g. Cross Street Plaza, across from Boston Public Market on the corner of Hanover St and John F. Fitzgerald Surface Rd – one food truck location

This location is available for vendors interested in breakfast, lunch, or niche offerings tailored to residents and workers in the North End and West End neighborhoods and tourists traveling along the Freedom Trail. This park offers tables and chairs, a grassy area with ample seating, and popular fountains. Foot traffic is heaviest when the fountain is on and during peak tourist season in a standard year, generally Memorial Day through Labor Day. Vending is possible for small food trucks (20' or shorter), trikes, or push carts only.

D. OVERVIEW OF THE RFP PROCESS AND KEY DATES

Responses to this RFP are due Wednesday, November 6, 2024 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 with a $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 will be required to submit a RFP application. 

The Conservancy will review applications, conduct interviews, and intends to award specific schedules and locations for food/beverage vendors by Monday, December 16, 2024, ahead of the City of Boston’s food truck lottery planned for February/March 2025. The following schedule is subject to change in the Conservancy’s sole discretion.

RFP Schedule:

• Thursday, October 17, 2024: RFP emailed out and posted on the Conservancy website

• Tuesday, October 22, 2024, 3:30-4:30pm: Optional meeting via Google Meets to discuss food vending program and answer any RFP questions

• Friday, October 25, 2024, 3pm: Any clarifying RFP questions due via email

• Wednesday, October 30, 2024, 5pm: Answers posted on Conservancy website

• Wednesday, November 6, 2024, 12pm: RFP submissions and fee due

• November 11, 2024 – November 22, 2024: Interviews

• Monday, December 16, 2024: Locations and schedules awarded

• By Thursday, February 6, 2025: Contract execution

• February 6, 2025 – March 31, 2025: Permitting

• Tuesday, April 1, 2025: Start of 2025 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, diverse, attractive food truck appearance, good communication, active social media presence, adherence to Conservancy agreement and park rules and regulations, on-time payments)
• Financial offer

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 especially note the Insurance Requirements.
• Please submit a completed RFP proposal and fee by noon on Wednesday, November 6, 2024
• Any questions about the RFP must be received to vending@rosekennedygreenway.org by Friday, October 25, 2024 at 3pm. Answers to submitted questions will be posted on Wednesday, October 30, 2024 at 5pm at https://www.rosekennedygreenway.org/vending/.

2. EXECUTIVE SUMMARY OF PROPOSAL (<200 words)

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

Response 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

Existing Greenway Conservancy vendors should describe any changes to their on-site operations.

The Conservancy seeks vendors that recognize they are a critical contributor to the image of the park 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), the response should describe their plan for operations, including:

1. Hours of operation

• Proposed hours, days, and months of operation. 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, including rainy and hot weather days. 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.

2. 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 non-food trucks, the Conservancy typically restricts layouts to ~100SF. Recognize that most Greenway locations are highly exposed from almost all angles, which means that “back of house” must be tidy and that there are steps taken to minimize noise and exhaust/fumes, especially with respect to generators.

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

3. On-site operations 

• Utilities: Access to utilities on-site is not available unless arranged in advance with the Conservancy, or during emergencies or specific circumstances that are communicated with the Conservancy, and additional fees may apply. Please note that the Health Division of the City of Boston’s Inspectional Services Department requires mechanical refrigeration for all potentially hazardous food products.

• Health and safety: Describe what requirements and guidelines will be implemented.

• 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; all other additional vehicles are not allowed to pull into the park. Recognizing that public safety is paramount, describe how the equipment will be delivered, removed, and restocked (if necessary) daily.

• Other: Describe the number of staff the Respondent intends to dedicate on The Greenway daily. Indicate what types of payment and ordering methods you accept (e.g. cash, credit/debit cards, online ordering, QR codes).

d. Vending Priorities and Special Events

• Where do you anticipate your business will focus its vending in 2025 – special events, regular weekly vending shifts, catering, brick and mortar operations, or other opportunities? How would you prioritize Greenway vending shifts to maintain consistency in the schedule and minimize absences?

• Please describe how you will manage and communicate absences to the Conservancy and your customers.

The Greenway Conservancy, which maintains the park landscape organically, has high environmental expectations for the Food Vending Program. We are seeking vendors who share our focus on limiting vehicle emissions, reducing packaging and waste, eliminating single-use plastics following the City of Boston’s Plastic Bag 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, battery powered generators, 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, etc. Please note that polystyrene packaging is prohibited on The Greenway. A source of additional information is the Green Restaurant Association:(http://www.dinegreen.com).

The Greenway Conservancy has had 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 1 year  

• Offered consistently 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

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. The Conservancy reserves the right to schedule special events or park maintenance within the park and vendors' vending location and shift may be impacted. The Conservancy will provide as much advance notice to the Vendor as possible and find an alternate location when possible.

• Any and all vehicles, including food trucks, need specific authorization by the Conservancy in writing and must comply with all applicable insurance requirements under this Agreement. No other vehicles are permitted in the park at any time. Personal or restocking vehicles are not allowed onto The Greenway and all equipment and re-supplies must be hand-rolled/carried to The Greenway vending location. 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. 

• 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 responsibility. All City and State parking laws and ordinances must be obeyed, and food trucks are not permitted to remain parked on The Greenway beyond their vending hours without approval from the Conservancy.

• Security and rule enforcement is the responsibility of the 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 and single-use plastics, such as plastic bags and plastic straws, are prohibited.

• The selling of non-food and -beverage items is prohibited unless specifically authorized in writing by the Conservancy. The sale, promotion or advertising of Tobacco Products and Marijuana Products (as defined in M.G.L. Ch. 94G Sec. 1) is prohibited unless specifically authorized in writing by the Conservancy.

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 will be provided.

• 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 park surfaces or infrastructure will not be tolerated. Vendors should check the location before and after vending and are required to notify The Conservancy of any leaks, streaks, or damage immediately. If Vendor causes damage to the park, including any park infrastructure, plant life, lawns, or other assets, Vendor may be required to cover the cost of power-washing and/or site remediation if deemed necessary by the Conservancy.

D. Trash and litter

• Vendors must have their own publicly available full-size 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 617.519.5384 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 of each day they vend on The Greenway. These figures must be supplied in electronic form by the 5th day of every month in the Excel or Google Sheets template provided. This information is necessary for invoicing purposes, and will help the Conservancy assess park usage and evaluate the vending program. This will be kept confidential with respect to individual vendors. Vendor counts and gross revenue information can be sent to vending@rosekennedygreenway.org. 
• If customer counts and/or revenue have still not been received by the 10th of the month, a late fee of $100 will be charged. Failure to provide customer counts and/or gross revenue information within 3 months of the due date is grounds for contract termination.
• All Vendor customer count and gross revenue data reported to the Conservancy must be accurate. The Conservancy reserves the right to ask for proof of daily receipts at any time during the season to confirm an accurate sharing of profit. Underreporting of revenue by Vendor to the Conservancy is grounds for immediate contract termination.

F. Vending staff image and behavior

• Vendors and employees must be 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 or vaping of any kind, the use of alcohol, the use of marijuana products, and/or the use of illegal 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.

• 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) absences totaling more than 50% of scheduled days within a set month; (xii) missing drip pan(s); (xiii) harming Greenway lawns/trees/assets; (xiv) sale of beverages in glass bottles; (xv) use of polystyrene packaging or single-use plastics 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; (xxi) improper storage, (xxii) failure to follow City, State, Federal, or Greenway specific regulations pertaining to health emergencies; (xxiii) unauthorized used of Greenway vending location as a distribution or pickup spot; (xxiv) unauthorized parking during non-vending hours on The Greenway.

• 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 they believe the fine was erroneous. 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 fine shall be considered final and due on the 30th 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. Information on how to get a food truck permit in the City of Boston can be found at https://www.boston.gov/departments/small-business-development/how-to-get-food-truck-permit.

• 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

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 Vendor or its agents, directors, officers, employees or contractors. If any proceeding is filed for which indemnity is required hereunder, Vendor 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 Vendor 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 

Vendor 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

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

3. Automobile Liability

Vendor 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

Vendor 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 the most recent edition of ISO Form CG 01 01. 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 

Vendor shall maintain the following umbrella limits: - $2,000,000 per occurrence - $2,000,000 aggregate Self Insured Retention: Not to exceed $10,000.

Coverage must be equivalent to 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 Vendor. 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 Vendor'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 Vendor's contract with the Conservancy evidence of current insurance is not on file with the Conservancy, then Vendor's right to occupy its designated Location(s) and provide Services will be suspended until Vendor provides the Conservancy with acceptable evidence of the required insurance.