a) Respondent shall retain sole management and control over its employees and agents. b) Respondent shall ensure that all personnel be subjected to a Criminal Offender Records Information (“CORI”) system check and records of such CORI check be kept and maintained. c) Respondent shall provide full waterfront services including the positions of Waterfront Director, Water Safety Instructors, Lifeguards, and attendants. Respondent will provide staffing levels which are appropriate to accommodate the use of the area by the public and participants in any camp program run by respondent which uses facilities in Devens. d) Respondent shall staff waterfront areas with personnel holding current and adequate industry standard lifeguard, water safety, first aid, and CPR certifications. e) Attendants will collect fees, supervise the parking area, monitor and direct boat landing traffic, and direct handicapped parking. f) All staff, while on duty, will wear standardized lifeguard uniforms (to be approved by MassDevelopment/Devens Recreation). g) Mirror Lake activities will include recreational swimming, instructional swim programs, boat/canoe/kayak rental and/or instruction, and supervised outings. Organized outings/events shall be coordinated with and approved in advance by MassDevelopment/Devens Recreation. h) Any and all vendors serving the Mirror Lake Recreational Area must be approved in advance by MassDevelopment/Devens Recreation and shall present a copy of its certificate(s) of insurance which shall show evidence of such insurance coverage as MassDevelopment may request and secure any additional permits required, including but not limited to a food permit through the Nashoba Associated Boards of Health and propane permit through Devens Fire Department. No alcohol shall be allowed. Respondent and any such vendors are responsible for obtaining any permits applicable to the vending activity. i) Prior to the beginning of the season, respondent shall present in a form acceptable to MassDevelopment and its Devens Fire Chief, a “Standard Operating Procedure and Emergency Action Plan” for all Mirror Lake activities. j) Respondent shall monitor all activities for the highest level of safety and comply with applicable conservation and land preservation restrictions. k) Respondent’s minimum hours of operation shall be: seven (7) days a week, 10 a.m. – 7 p.m. from an agreed upon start date in June through an end date in August or September. The number of weeks will be between ten (10) and fifteen (15) as determined by MassDevelopment and Vendor. l) Respondent is subject to and shall comply with all Nashoba Valley Board of Health regulations. m) Respondent shall assume all costs, charges, and expenses incurred relative to the management of Mirror Lake including, but not limited to, the following: a. Labor, including salaries, wages, taxes, benefits as accrued, retirement plan, and benefit services. b. Other costs, charges, and expenses, including insurance costs for workers’ compensation, general liability and other insurance maintained (at minimum limits to be set by MassDevelopment), sales and use taxes, licenses, and permits. n) Respondent shall keep itemized records (financial reports) of all revenue collected by respondent (including, without limitation, Admission Fees, Season Pass Admission Fees, fees from swim lessons, boat rental, camps, concessions and outings, etc.) and all expenses incurred by respondent in the performance of the services. All such records shall be kept by the respondent on the basis of generally accepted accounting principles consistently applied and shall be submitted to MassDevelopment on a monthly basis. A final report listing all of the revenues and expenses for the term is due to MassDevelopment not later than the September 30th immediately following each operating season. o) Respondent shall submit monthly attendance figures to MassDevelopment. p) No capital or significant operational improvements, hole digging (for signs of otherwise) or alteration of buildings shall be undertaken except with prior express written approval of MassDevelopment/Devens Recreation.
