ADSPO19-213156-ADSPO17-143266_Contract_Document_3.pdf

State of �ona

Offer and Acceptance State Procurement Office 100 N 15th Ave., Suite 201

Phoenix, AZ. 85007

· Solicitation No.: ADSP016-00006032 Descriotion: Proiect Develooment & Concession Services for Contact Point State Par1c:

Ken & Jim Komick will form Newco, Kemick SPE, LLC in Arizona

Company Name 94 S. Acoma Blvd., Suite 104

Address

Lake Havasu City AZ. 86403 City State Zip

SignatuNt d lo Sign Oller Jim Komick

Printed Name

President & COO Title

Phone: 310.547.7199 jimkomick@gmail.com Fax: 928.569.0039 Contact Email Addrvss

By signature In the Offer section above, the Offeror certifies:

1. The submission of the Offer did not involve collusion or other anticompetitive practices.

2. The Offeror shaff not disCrfmfnate against any employee or applicant for employment In violation of Federal Executive Order 11246, State Executive Order

2�9 or A.R.S. §§ 41-1461 through 1465.

3. The Olferor has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted offer. Faiure to provide a valid signature afflnning the stipulations required by this clause shall result in rejection of the offer. Signing the offer with a false statement shall VOid the offer, any resulting contract and may be subject to legal remedies provided by law.

� 4. The Offeror certifies that the above referenced organization ISi_ iS NOT a small business with less than 100 employees or has gross revenues of $4 million or less.

ACCEPTANCE OF OFFER

The Offer is hereby accepted.

The Contractor is now bound to sell the materiala or 88MC88 listed by the attached contract and based upon the solicitation, including all tanns. candiliona, spedficalione, .amendments. etc., and 118 Col*actor'a Offer as accepted by the State.

This Contract shaU henceforth be referred to a Contract No. _A_D_S_P_0_1_7_-1_4_3_26_6 ___________ _ The effectNe date of the Contract 1s __August 22, 2016-___________ ____ The Contractor Is cautioned not ID commence any bllable WOik or ID provide any material or service under this contract until Contractor receives purchaae order, contaet l'8leaae document or wrllw1 notice to proceed.

Stal9ofMlona

Awa�thla _J_ dayof August 20,li_

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Available online at Procure AZ,goy Page2of57

Scope of Work

State of Arizona State Procurement Office 100 N 15th Ave., Suite 201

Phoenix, AZ 85007 Contract No.: ADSPO17-143266 Description: Project Development & Concession Services for Contact Point State Park

1. Introduction

1.1. The Arizona State Parks (“ASP”) is seeking proposals from qualified firms or individuals to develop and operate a marina and concession operation at Contact Point State Park (CPSP) in Lake Havasu City. The intent is to partner with ASP to expand revenue-producing services and enhance the Agency brand through a capital development project between the successful Offeror and ASP. The Offeror shall have the required experience, expertise and resources to plan, develop, and operate an expanded marina and concession operation.

1.2. ASP Mission Statement. Managing and conserving Arizona’s natural, cultural and recreational resources for the benefit of the people, both in our Parks and through our Partners.

1.3. ASP Vision Statement. ASP is indispensable to the economies, communities, and environments of Arizona.

2. Background

2.1. ASP operates Lake Havasu State Park under a Bureau of Land Management (BLM) Recreation and Public Purpose (R&PP) patent. Two miles south of this park are additional parcels of BLM R&PP land under lease and patent to ASP identified as “Contact Point” (CPSP). ASP has worked with the BLM on the Plan of Development. Currently, ASP is undertaking a conceptual planning and development process for this project. .

As part of their planning process, ASP desires to understand the market’s interest in and capabilities for developing a marina complex on one of the patented parcels. (See Exhibit A)

3. General Requirements

3.1. At a minimum, the Offeror shall have the required experience, expertise, and resources to develop and operate an expanded marina and concession operation at CPSP. This will include, but not be limited to, project development, design and construction.

3.2. A minimum of three years’ experience in similar development and retail management within the last five years is required.

3.3. In addition to the overall compensation proposal, the Offeror shall provide ASP with the following:

3.3.1. Two Boat Slips;

3.3.2. Two Boat Dry Storage spaces;

3.3.3. A $10,000.00 dollar budget for four (4) ASP events annually to be held at the Restaurant or appropriate site; and

3.3.4. Five reserved Parking Spaces.

3.3.5. Other

4. ASP Responsibilities

4.1. Arizona State Parks Executive Director (ASP-ED) and/or its designated representatives are responsible for oversight of all park and concession operations, which includes all required and authorized services described within the Scope of Work.

4.2. Allow Operator to enter park daily.

4.3. Allow deliveries for the Operator.

4.4. Evaluation and Inspection of Operator’s required and authorized services.

4.5. ASP-ED and/or its designated representative(s) reserve the right plan, design, and construct infrastructures and structures at the park without prior approval from the offer or concessioner.

5. Services

5.1. ASP is offering the opportunity for a developer/concession operator to plan, design, construct, and operate visitor services at CPSP.

5.2. Required Services/Facilities.

5.2.1. Parking Areas

5.2.2. Dry Boat Storage & Rentals

5.2.3. Boat Launch/Ramp/Slips and Marina

5.2.4. Equipment/Watercraft Rentals

5.2.5. Restaurant/Bar/Vending Machines/Merchandise Store

5.2.6. Fishing License Sales/Bait Shop

5.2.7. Fuel Stations

5.2.8. Pump-Out Stations

5.3. Additional Authorized Services. Additional services may be planned, designed, constructed, and operated pursuant approval by the ASP-ED.

5.3.1. Beer Garden

5.3.2. Mobile food/merchandise carts within the Park

State Procurement Office 100 N 15th Ave., Suite 201

Phoenix, AZ 85007

5.3.3. Vending

5.3.4. Catering

5.3.5. Other

5.4. If public demand requires an increased level of products or services currently identified under the authorized services, the Offeror will have the first right of refusal to provide the products and services. If the Offeror is unable to satisfy the increased demand, ASP retains the right to allow other Offerors on site to satisfy the need.

5.5. The ASP-ED reserves the right to evaluate the Offeror’s offers of new services that are not currently identified under this contract. In order to determine whether the current Offeror may offer new services, the ASP may request from the Offeror a business case analysis for proposed services. The ASP is not required to approve additional service requests that are not within the Scope of Work.

5.6. The Offeror shall provide, operate, and/or maintain any related support facilities and services in accordance with the Scope of Work. This shall be done in a manner satisfactory to ASP.

5.7. The Offeror must provide the plans, personnel, equipment, goods, supplies, and commodities necessary to provide, operate, and maintain services.

5.8. ASP is interested in future development to enhance visitor services. Offerors are encouraged to develop concepts, designs, plans, and new ideas for additional authorized services with the permission of the ASP-ED.

5.9. Additional Services identified by Offeror.

5.9.1. The ASP is open to considering additional visitor services that align with the mission of CPSP and the ASP.

5.9.2. All future authorized visitor services must receive prior written approval from ASP-ED, and may require additional insurance coverage.

5.9.3. All future authorized visitor services will be negotiated prior to approval with ASP-ED.

6. Marina Master Plan

6.1. The Offeror must be responsible to create a detailed Marina Complex Master Plan with Scope and task for

ASP-ED approval.

6.2. Offeror is solely responsible for providing, coordinating, managing, and funding the Marina Complex Master

Plan.

6.3. Offeror shall hire an independent Design Firm and Construction Manager to oversee Project Development.

6.4. The Offeror must submit a budget plan to ASP-ED. ASP-ED has approval rights for all cost estimates.

6.5. In the Marina Complex Master Plan Design, the Offeror must include (but is not limited to):

6.5.1. Off Sites-water, sewer, electric

6.5.2. On Sites-water, sewer, electric

6.5.3. Utilities-water, sewer, electric, telephone, cable, Wi-Fi

6.5.4. Infrastructures (Roads, Parking lots, walkways, lighting, storm water facilities, etc.)

6.5.5. Buildings and Structures

6.5.6. Water Based facilities (launch facilities, docks, slips, etc.)

6.5.7. Site amenities (picnic tables, ramadas, etc.)

6.5.8. Landscaping and irrigation

6.5.9. Signage

6.6. The Offeror must obtain prior written approval from the ASP-ED. This includes, but is not limited to:

6.6.1. Construction and/or installation in accordance with all applicable codes, regulations, and laws, (a)

ADEQ bulletins; (b) ADA guidelines; (c) Fire Marshall and (d) all local, city, county, state and federal building codes.

6.6.2. All applicable architectural, engineering, site planning, plans and specifications shall be sealed and signed by an authorized technical registrant, as required by the Arizona Department of Administration and the Arizona Board of Technical Registration, with ASP-ED review required prior to the start of any work.

6.6.3. Construction administration; labor; materials; equipment; testing; permits (including clearance from the State Historic Preservation Office for the construction and/or installation of all improvements);

taxes; and services necessary to design, lay out and construct and/or install all improvements, as required or specified, including cleanup and final grading.

6.6.4. The Offeror must insure against injury and/or any direct or indirect damage to public or private property by any act, omission, negligence, or misconduct in the execution of the work, or because of non-execution thereof, on the part of the Offeror. Property shall be restored at the Offerors expense.

Repair must be equal to that existing before such damage was done, completing restoration in a

State Procurement Office 100 N 15th Ave., Suite 201

Phoenix, AZ 85007 manner acceptable to the owner. All work must be performed with care and safety, and the entire work area must be secured against harmful actions of the elements during the entire course of construction and/or installation.

7. Construction Approval Process

7.1. The Offeror must not construct or establish any structure or facility without prior written approval from the ASP-

ED.

7.2. The Offeror and ASP recognize that if additional facilities are approved, there shall be an approval process governing how this will occur. Construction improvement projects include, but are not limited to, any new construction, renovation, repair, or replacement of any facilities as deemed necessary to operate the Park.

7.3. The Offeror must provide project management services in order to complete design of construction improvement projects.

7.4. All construction improvement projects must be contracted and procured by the Offeror in conformance with current Parks procedures. All construction must comply with the Arizona Registrar of Offerors Statutes and Rules.

7.5. The Offeror must create and provide a detailed scope of work that includes plans and specifications sealed by an Arizona Registered Architect or Engineer for any construction improvement projects. The Offeror must provide this scope of work to the ASP-ED for approval.

7.6. Prior to beginning any construction, the Offeror must receive written approval of said Scope of Work, including plans and specifications, from ASP-ED. This approval is for scope, type, quantity, and location only. The Offeror will design for code compliance, including the requirements of the State Fire Marshall. The ASP-ED must be given adequate time to review and approve all required documents submitted by the Offeror. As a prerequisite to this approval, the ASP-ED will submit the plans and specifications to ADOA Building and Planning for its review. During the course of construction, any changes to the project design or work or cost shall have prior approval from the ASP-ED, followed by the appropriate written change orders. Upon completion of each project, the Offeror must submit a sealed copy of “As-Built Drawing” on CD or DVD media to the ASP-ED.

7.7. The Offeror must obtain all necessary permits, concurrences, and authorizations. Copies of all permits, concurrences, and authorizations must be submitted to the ASP-ED, along with a detailed schedule of progress for said project(s).

7.8. Any improvements to historic buildings or property that affect building materials or character-defining elements must first be discussed with the ASP-ED to ascertain whether or not the improvement will require the review and concurrence of the State Historical Preservation Office (SHPO).

7.9. All previous Historic Structures Reports, Building Conditions Assessments or Historic Building Preservation Plans that have been completed for the ASP or SHPO will be used as a basis for repairs, improvements or construction improvement projects.

7.10. All improvements, repairs and installations to historic buildings or property must meet the Secretary of the Interior’s Standards for historic structures. The ASP-ED will consider all improvements, repairs and installations complete upon his final approval.

7.11. In addition to construction documents, the following must also be submitted: a business summary that includes the proposed demand build-up for the activity to be housed within the proposed improvements, including proposed rates; and a five-year financial pro forma, that provides income and expenses associated with the proposed development, as well as the proposed sources of financing. If the improvement is for a support facility, the Offeror will only be required to outline the proposed expenses associated with the support facility.

7.12. Any permanent interior, exterior, and/or site improvements constructed in the Park will become the property of ASP upon expiration or termination of this contract. Compensation for improvements will be as outlined in the Scope of Work.

8. Service Hours

8.1. The Offeror must provide the services outlined in the Contract year round. Some service levels may be reduced seasonally. The ASP would prefer the marina operating hours to be a 24-hour per day/7 day per week operation.

8.2. The hours may be changed with prior approval by ASP-ED.

9. Fees.

9.1. Concession Fees. The Offeror may pay ASP a concession fee as described herein, or complete approved facility improvement fee offset projects/purchases as agreed to by the ASP-ED and described herein.

9.2. Franchise Fees. The Offeror may pay the ASP a franchise fee for use of parks property as described herein.

9.3. Concession Fees and/or Franchise Fees shall be negotiable every five (5) years.

State Procurement Office 100 N 15th Ave., Suite 201

Phoenix, AZ 85007

9.4. Payments Due

9.4.1. The concession fee payment must be paid on a quarterly basis within twenty (20) days after the end of each quarter. The fee will be based upon the prior quarter’s adjusted gross revenue. Included with the payment shall be documentation of the adjusted gross revenue upon which the payment is based. The ASP-ED will have the right to review and confirm that the adjusted gross revenue calculation is accurate.

9.4.2. The franchise fee payment must be paid on an annual basis within twenty (20) days after the end of the year.

9.4.3. At the end of each year, the Offeror must make an annual accounting to ASP in the form of the Annual Financial Report. The purpose of the annual accounting is to determine whether any additional payments are due to ASP by the Offeror, based on the percentage of adjusted gross revenue for the year. These may verified by ASP. Payment of any additional fees must be submitted within one hundred and twenty (120) days after the end of the contract year. Overpayments will be offset by the following year’s fees.

9.4.4. All fees must be paid by check payable to ASP. An interest charge will be levied on all overdue amounts for every thirty (30) days beyond the prescribed due date. For late payments, the interest rate charge will be based upon State Delinquent Accounts Rate from the date the payment was due.

10. Equipment Rental Operations Requirements: The Offeror must, at a minimum;

10.1. Ensure that all equipment offered for rental is safe, clean, well-maintained, and in good functioning condition.

The inventory of available equipment must be sufficient to accommodate customer demand.

10.2. Ensure that all rented watercraft comply with all local, state, and federal laws, regulations, regulations, rules, and ordinances. This includes, but is not limited to, the regulations of The United States Coast Guard (USCG) and the Arizona Game & Fish Department (AZGFD).

10.3. Ensure that all of the Offeror’s rental watercraft passes mandated USCG inspections.

10.4. Provide USCG-approved life jackets and all other necessary safety equipment as required by law. All safety equipment provided must meet USCG safety requirements.

10.5. Conduct mandatory safety video viewing if the Offeror rents personal watercraft (“PWC”). The Offeror will be responsible for providing a safety video viewing area and informing users of safe and proper use of a PWC.

Videos are typically available from PWC manufacturers. The Offeror will ensure that anyone who rents a personal watercraft views the safety video before operating a rented PWC. At its discretion, the (ASP-ED) may determine whether to approve the safety video.

10.6. Supply its own rescue boat for the purposes of responding to disabled and stranded watercraft.

10.7. Ensure watercraft launching occurs only from ramps/docks designated for use by the Concessioner, and from the adjacent shoreline.

10.8. Provide and maintain safe docking and mooring structures at the equipment rental area. The Offeror will also be responsible for complying with all applicable water safety regulations and laws.

10.9. Establish and maintain written policies and procedures for watercraft rental operations. These policies and procedures must be reviewed by the ASP-ED and must address, at a minimum, the following:

10.9.1. Process for registering equipment rentals, including legal user identification documentation, and check-in/check-out procedures;

10.9.2. Methods for accurately reporting rental activities to ASP;

10.9.3. Identification of legal renters (rental to impaired users is prohibited);

10.9.4. Identification of where equipment is rented and picked up;

10.9.5. Identification of how damages to equipment are verified and handled;

10.9.6. Identification of who is responsible for damages to equipment;

10.9.7. Identification of how property theft will be handled;

10.9.8. Identification of policies for rescuing stranded and/or disabled watercraft; and

10.9.9. Identification of how and where these policies are posted, and how they will be enforced.

10.10. Ensure that all rental operations complete a signed rental agreement that includes language regarding liability among renter, Offeror, and/or the ASP. The ASP-ED must have the opportunity to review the standard rental agreement form used by the Operator. Accurate records must be maintained for all long-term rental agreements. Accurate records of all other types of agreements must be kept in accordance with the records retention requirement as outlined in the Special Terms and Conditions.

10.11. Ensure that at least one employee with current first aid/basic CPR training is on duty in the watercraft rental area at all times.

State Procurement Office 100 N 15th Ave., Suite 201

Phoenix, AZ 85007

10.12. Establish and maintain standards for safety and security procedures. Such procedures include, but are not limited to, verifiable maintenance record-keeping methods that will ensure a high level of safety for all visitors who use the Offeror’s rental services.

10.13. Ensure that ASP logo is included on all entrance signs, on all advertisement and web-site.

11. Food and Beverage: The Offeror must, at a minimum;

11.1. Menu Offerings

11.1.1. Ensure that all menu items and pricing are visible, easy to read, available in printed form and in adequate supply.

11.1.2. Provide visitors with a wide variety of healthy food choices. This includes, but is not limited to, offering items suitable for vegetarians, children, and those with dietary restrictions.

11.2. Health and Safety Standards and Code Compliance

11.2.1. Ensure that all food preparation, storage, and dishwashing conform to current local, state and federal, regulations.

11.3. Food-Handling Service and Procedures

11.3.1. Serve food at the appropriate temperature.

11.3.2. Use a formal food safety management plan to ensure compliance with public health and safety operating procedures, processes, personnel responsibilities, and training. At a minimum, this plan will address safe food storage, handling, and preparation.

11.3.3. Receive required inoculations and hold certification as a ServSafe Food Protection operation from either the National Restaurant Association or an equivalent entity.

12. Alcohol Service (If Applicable): The Offeror must, at a minimum;

12.1. Follow all applicable federal, state, and local laws concerning alcoholic beverage services.

12.2. Possess a valid alcohol license from the Arizona Department of Alcoholic Beverage Control for the sale of beer and wine.

12.3. Employ a trained security guard during any special events involving alcohol sales in order to monitor the event area and maintain order in accordance with state law.

13. Retail Merchandise: The Offeror must, at a minimum;

13.1. Provide a broad range of retail/merchandise items for sale in the locations identified within the solicitation. ASP is requesting the following from the Offeror:

13.1.1. 10% of gift shop merchandise inventory be purchased from ASP Gift Shop;

13.1.2. 20% of merchandise inventory must be made in AZ;

13.1.3. May be required to sell ASP Gift Cards;

13.1.4. Prior approval of the complete and legal name of the state park, logo, any registered trademarks, and the nearby city/town and state of Arizona on merchandise is required.

13.2. Retail items may be deemed inappropriate, offensive, or distasteful, or be otherwise prohibited for sale by the

ASP. Themes and artwork on souvenirs and clothing must be appropriate for the park setting and enhance the ASP Brand. Products, goods, souvenirs, snacks, groceries, etc. will be professionally displayed in an orderly and attractive fashion in product departments. At a minimum, the following items will be permitted for sale/rent:

13.2.1. Grocery items normally purchased by both day-use visitors and campers;

13.2.2. Prepared foods, such as chips and/or nachos, sandwiches, hot dogs, ice cream, microwaveable/convenience store type foods etc.;

13.2.3. Beverages, including soft drinks, juices, water, etc.;

13.2.4. Beer, wine and etc.;

13.2.5. Basic picnic supplies, such as ice, plastic or paper cups and plates, napkins, utensils, etc.;

13.2.6. Miscellaneous products, such as film, newspapers, sunscreen, aspirin, first aid supplies, paper towels, toilet paper, etc.;

13.2.7. Firewood, charcoal and lighter fluid (pending local/Park fire restrictions);

13.2.8. AZGFD fishing licenses, and supplies like bait, tackle, etc.;

13.2.9. T-shirts, hats, sun visors, sunglasses, water shoes, swim wear, etc.;

13.2.10. Souvenir/gift shop items.

13.3. Allow the ASP to annually review the nature, type and quality of merchandise to be sold or provided by the Offeror within CPSP. Details regarding the process for review will be provided within the Scope of Work components.

13.4. Retail marketing at the park will emphasize enhanced visitor experiences and promotion of the ASP Brand.

The Offeror’s retail strategy must include an extra measure of dignity and professional integrity deemed

State Procurement Office 100 N 15th Ave., Suite 201

Phoenix, AZ 85007 appropriate for an ASP. All retail products and services offered under this solicitation shall support the purpose and theme of CPSP and the Agency.

13.5. The Offeror should monitor current retail trends in order to enhance its knowledge of the park’s visitor base. At a minimum, the Offeror will consider:

13.5.1. Appropriate “impulse” purchase items;

13.5.2. Visitation patterns;

13.5.3. Seasonal visitation and market changes;

13.5.4. Market segments;

13.5.5. Consumer profiles for the greater CPSP vicinity;

13.5.6. Other nearby recreation sites & attractions;

13.5.7. Site-specific emphasis, purpose and history;

13.5.8. ASP public information and education information; and

13.5.9. Available floor space

13.6. The Offeror shall not sell beverages in glass containers.

13.7. The Offeror shall not sell products deemed offensive by ASP.

13.8. The Concession shall ensure that retail and merchandise pricing is properly labeled and easily understood by visitors.

14. General Operational Responsibilities and Requirements: The Offeror must, at a minimum;

14.1. Designate a Site Manager who has the authority to:

14.1.1. Provide all licenses and permits, from local City, County, Federal Government and the State.

14.1.2. Operate and manage the required and authorized services within the land area and facilities assigned under this Contract.

14.1.3. Ensure that the services are provided in a consistent and high-quality manner.

14.1.4. Employ staff to fulfill contractual requirements.

14.1.5. Act as a liaison between the Offeror and the ASP for all issues related to the Contract.

14.1.6. Have a designated “acting” Site Manager in the absence of the Site Manager.

15. Specific Operational Responsibilities and Requirements: The Offeror must, at a minimum;

15.1. Customer Service

15.1.1. Establish a clearly defined visitor service standard. All actions by concession staff will reflect a desire to fulfill a high-level quality service obligation to visitors. All points of visitor contact will make a respectful, courteous, and service-oriented impression on the visitor. Concession management staff will respond quickly to any conflicts, disputes, or concerns expressed by the visiting public.

Staff will also represent ASP in a positive, professional, and courteous manner at all times.

15.1.2. Monitor and be responsive to feedback received from visitors. Complaints will be handled expeditiously and at the most local level possible. The assigned on-site concession manager will be responsible for handling ordinary complaints and demonstrating to the Park Manager that issues are being resolved in a timely and satisfactory manner.

15.1.3. Ensure the ASP rules are clearly posted and can be easily understood by visitors. The Offeror will also maintain standard rules for enforcement. The approach will be to use education and information to gain voluntary compliance with ASP rules. This approach assumes that visitors do not intentionally break the rules, but are simply not aware of the rules.

15.1.4. Any visitor-related incidents that escalate to a higher level of enforcement authority will be referred to the appropriate level of enforcement authority among CPSP staff; all such incidents will be documented on an incident report (see Exhibit G) completed by the concession manager. Reports will be shared with the Park Manager within 24 hours of any such incident.

15.2. Rates/Prices

15.2.1. Ensure that product and service pricing is based on the premise that the public will be charged no more for merchandise and services at CPSP than for the same or similar merchandise and services at other recreational facilities in the area. Details on requirements for rates review and management are outlined within the Scope of Work.

15.2.2. Provide the ASP-ED with a list of rates to be utilized for all services and facilities for the following year. Discounting policies will be provided on an annual basis and no later than ninety days (90) prior to the end of the Contract year. The Offeror may request a mid-year rate change. All mid-year rate changes must be initiated sixty days (60) in advance.

15.2.3. Ensure that employees strictly and impartially observe rates and services in all circumstances. The Offeror will comply with all applicable state laws regarding nondiscrimination of the public.

State Procurement Office 100 N 15th Ave., Suite 201

Phoenix, AZ 85007

15.2.4. Grant complimentary or reduced rates under such circumstances as are customary in businesses of the character conducted under this Contract. ASP reserves the right to review and modify the Offeror's complimentary or reduced rate policies and practices.

15.2.5. Grant State employees conducting official State business reduced rates for lodging, essential transportation, and other specified services necessary for conducting official state business.

Complimentary or reduced rates and charges will not otherwise be provided to state employees by the Offeror, except to the extent that they are equally available to the public.

15.2.6. Establish refund policies that incorporate high quality visitor service standards and are provided in a fair and expeditious manner.

15.2.7. Post the following notice at all cash registers and payment transaction locations:

15.2.7.1. This good/service is provided by an Offeror under contract with the ASP. The Offeror is responsible for conducting operations.

15.3. Facilities and Service Payment Methods

15.3.1. Accept credit cards (Visa and MC at a minimum), debit cards, US Currency, and ASP Gift Cards as forms of payment. Purchase of ASP Gift Card processing equipment from ASP is required.

15.3.2. Provide cash register (or Point-of-Sale) receipts for all retail sales transactions and post a notice to that effect in convenient view of visitors.

15.3.3. Install a cash control system or point of sale equipment that record all sales via a stock keeping unit (SKU) or equivalent.

15.3.4. Require all cash registers to be equipped with sale counters that are locked and constantly accumulating, and cannot be reset.

15.3.5. Run cash register tapes upon which sales details are imprinted. The beginning and ending sales totalizer counter readings will be recorded daily (“X” or “Z” tapes). Newer equipment will provide the equivalent of “X” and “Z” tapes.

15.3.6. Provide copies of the register tapes upon request by ASP-ED.

15.3.7. Remain in compliance with PCI Data Security Standards.

15.4. Human Resources

15.4.1. Key Personnel. The Offeror will provide adequate staff of experienced personnel who are capable of and devoted to the successful accomplishment of work to be performed under this contract. The Offeror will assign specific individuals to key positions. Once assigned to work under the contract, key personnel will not be removed or replaced without the prior written approval of the issuing agency, and they must be adequately replaced at the time of such removal.

15.4.2. Management Point of Contacts. Annually, the Offeror will provide the ASP-ED with a list of the names, titles, and contact information of the contract manager, site manager, and all other management staff overseeing and assigned to the operation, as well as anyone who is removed from the firm.

15.4.3. Experience. On-site management staff must possess a high level of experience and professional expertise in order to ensure a high-quality, visitor-friendly operation.

15.4.4. Employee Identification: The Offeror must;

15.4.4.1. Ensure that all on-duty staff shall wear identifiable uniforms prior approval by ASP-ED, including a name badge, so they are well distinguishable as concession employees.

15.4.4.2. Develop procedures to ensure that terminated employees lose access to any form of identification immediately following termination.

15.5. Employee Hiring Procedures

15.5.1. Hire a sufficient number of staff to ensure consistent, high-quality visitor services and facility maintenance throughout the operating season.

15.5.2. Offeror must have a written hiring policy in place, which may be reviewed by ASP-ED.

15.6. Staff Training and Orientation

15.6.1. Provide an employee handbook identifying policies and regulations to all employees. Within sixty

(60) days of contract commencement, a copy of the employee handbook shall be provided to the ASP-ED. Updates to the handbook shall be sent to the ASP-ED with all applicable updates. The code of conduct shall be included in the employee handbook.

15.6.2. Ensure employees are properly trained to perform their assigned tasks in a safe and knowledgeable manner. At a minimum, employees will be trained in customer service, resource management (appropriate for park setting), safety, interpretation of park resources, sanitation, and general orientation to the local area.

State Procurement Office 100 N 15th Ave., Suite 201

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15.6.3. Ensure that all employees meet all applicable local and state health standards and requirements.

15.6.4. Within sixty (60) days of the contract commencement, develop and share with ASP a detailed code of conduct for the Offeror’s employees, including how the employees will adhere to the Offeror’s standards for appearance, customer service, conduct while at CPSP, representation of the ASP, and compliance with all laws and regulations. The Offeror will include a provision regarding the measures that will be implemented if an employee breaches the code of conduct.

15.7. Vehicle Operation Licenses

15.7.1. Employees driving Offeror-owned vehicles must have a valid Arizona Operator’s license for the size and class of vehicles driven. All vehicles must be clearly marked with Offeror’s company name.

15.8. Advertising and Promotion

15.8.1. Use a high level of professionalism in advertising, marketing, and promotions. ASP is a family-friendly public agency; therefore, all promotional materials must be appropriate for all ages. The Offeror’s marketing and advertising will support the mission of ASP and the specific purpose and unique qualities of CPSP. Offensive or poorly designed promotions will be immediately discontinued if deemed inappropriate by the ASP-ED. Advertising and promotions will include language stating that the Offeror is operating under a contract with the ASP. The use of the ASP name or logo are by permission only. All advertising, promotions, and marketing efforts must comply with applicable laws, including, but not limited to civil rights laws. Any properties or entities named shall be approved by ASP-ED and all naming rights shall remain the property of ASP.

15.9. Special Events (If Applicable). The Offeror will support the CPSP’s scheduled special events throughout the year. Local park management will partner with concessionaire to enhance special events by facilitating promotional sales and services that enhance the public’s experience of, and participation in, such events.

15.10. Risk Management. The Offeror will provide a safe and healthy environment for its employees and visitors. The Offeror will ensure that safety inspections are conducted and documented. ASP retains the right to review at any time the Offeror’s risk management procedures in order to ensure compliance.

15.10.1. The Offeror must develop and submit for ASP-ED review an “Acknowledgement of Risk and

Liability” form. This approved form must be signed by visitors before they use or participate in required or authorized services that involve a high degree of risk or liability. Risk Prevention must, at a minimum standard, require concession staff to address within a reasonable timeframe, the following:

15.10.1.1. Excessive concentrations of bees, hornets, wasps, ants, and other insects;

15.10.1.2. Slippery floors in restrooms and other structures;

15.10.1.3. Offeror-owned equipment or personal property in need of repair;

15.10.1.4. Protruding nails, bolts, wire ends, splinters, etc. on fences, buildings, table seats or other improvements;

15.10.1.5. Loose traffic barriers;

15.10.1.6. Hazards on docks, and other water-based resources;

15.10.1.7. Missing or damaged navigational aids or buoys;

15.10.1.8. Toxic plants;

15.10.1.9. Broken glass or sharp fragments of metal or plastic;

15.10.1.10. Unsanitary conditions, such as dead animals, garbage dumped in open areas, unauthorized effluent dumping, etc.; and

15.10.1.11. Hazards and objects on walkways, paths, and trails.

15.10.2. As soon as risk conditions are identified, concession staff must complete the following steps:

15.10.2.1. Inform all persons who are at imminent risk;

15.10.2.2. Take all prudent and necessary actions to protect the public;

15.10.2.3. Immediately report the hazard to any other employee(s) who may be affected, or who may be able to assist in remedying the hazard; and

15.10.2.4. Remedy the hazard risk as quickly as possible, and document the action taken.

15.11. Hazard Mitigation and Safety Inspections. The Offeror will perform detailed safety inspections at least annually, document the inspection results in a pre-approved format, and present all documented findings to the Park Manager. Additionally, hazard prevention and a safety and health inspection will be conducted prior to the typical high-visitation season(s). All safety and health issues will be thoroughly documented and corrective actions will be implemented expeditiously.

15.12. Emergency Response Plan (Concession Area)

15.12.1. Identify specific emergency response procedures for potential incidents in the following categories:

State Procurement Office 100 N 15th Ave., Suite 201

Phoenix, AZ 85007

15.12.1.1. Medical

15.12.1.2. Fire

15.12.1.3. Rules Compliance/Law Enforcement

15.12.2. Regularly update the emergency response plan and indicate the levels of emergency response training staff have received. Develop a process for evaluating emergency responses after the required annual emergency response reporting. Concession staff shall demonstrate professionalism in all emergency responses, and be in compliance with CPSP’s Annual Operating Plan, as established by the Park Manager.

15.13. Security Procedures

15.13.1. Secure its personal property. ASP is not responsible for Offeror’s personal property.

15.13.2. Provide, in writing, specific procedures for safeguarding and securing all such property. Upon request, Offeror will make these procedures available for ASP-ED review.

15.14. Hazardous Substances

15.14.1. These materials include, but are not limited to, the following: fuel, paint, pesticides, herbicides, and cleaning/disinfecting products. In all cases, care must be taken to store all potentially hazardous materials in an approved and properly ventilated facility.

15.14.2. In the event that the Offeror must store small amounts of hazardous materials on CPSP premises in order to fulfill its duties under this Contract, such materials must be stored in designated hazardous materials sheds or approved storage facilities.

15.14.3. Offeror must comply with all applicable laws and best practices pertaining to the use, storage, transportation, and disposal of hazardous substances. Gasoline, oil, and other materials considered—under law or otherwise—to be hazardous to public health and safety must be stored, handled, and dispensed as required by present or future regulations and laws.

15.14.4. Nothing in this Section shall preclude Offeror from bringing, keeping, or using on or about said premises such materials, supplies, equipment, and machinery as is appropriate or customary in carrying on Offeror’s business.

15.15. Vehicle Equipment and Safety. Vehicles and Equipment must at all times be in compliance with state and federal safety standards. This applies to all vehicles, vessels, and equipment used by the Offeror for its operations, as well as to vehicles, vessels, and equipment used as rental equipment for visitors. Additionally, all concession-owned vehicles, vessels, and equipment must be clearly identified as belonging to or associated with concession operations.

15.16. Fire Prevention and Protection

15.16.1. The Offeror’s Site Manager will have a close working relationship with both the Park Manager and the fire district that has the most immediate response jurisdiction for the park. Prevention efforts must be carefully coordinated with the district. At a minimum, the concession operator must have:

15.16.1.1. Clear procedures for the notification of the responding district(s);

15.16.1.2. Adequate emergency communications;

15.16.1.3. A current list of Emergency Phone Numbers;

15.16.1.4. Basic fire equipment and proper storage of equipment;

15.16.1.5. An evacuation plan that has been coordinated with the Park Manager, local fire, and local law enforcement agencies;

15.16.1.6. Regular training and review of procedures with park staff; and

15.16.1.7. An emergency equipment maintenance schedule.

15.17. Accessibility Guidelines and Compliance. Current federal and State of Arizona regulations pertaining to Americans with Disabilities Act (ADA)/Architectural Barriers Act (ABA) Accessibility Guidelines must be integrated into concession operations. Concession management staff and employees will ensure effective communications with all visitors with disabilities, including persons with impaired vision or hearing, so that all visitors are adequately informed about accessible services, activities, and facilities within the park.

15.18. Incident Management and Documentation. The Offeror must utilize an incident report form to document and record any occurrence that is out of the ordinary (typically related to law enforcement or risk management) or may involve the need for follow-up at a later time. Events warranting an incident report include, but are not limited to, accidents, injuries, deaths, theft, vandalism, natural disasters, all calls to emergency services, property damage, and any incident that may involve an insurance carrier (i.e. civil liability). If in doubt, the Offeror should complete an incident report. Such reports must be shared with local park management staff within 48 hours.

State Procurement Office 100 N 15th Ave., Suite 201

Phoenix, AZ 85007

15.19. Support of Parks Friends Groups. ASP is interested in collaborating with non-profit support groups (“Friends”) dedicated to park stewardship. There is not a friends group associated with this park. It is ASP’s goal to nurture one in the future. ASP encourages friends groups to operate in a professional manner and employ practices that support concession operations. The Offeror must work with the Park Manager to understand the needs of friends group and how they can complement (not compete with) the Offeror’s provision of required and authorized services. The Offeror must meet with the Park Manager and the appointed friends group representative to determine mutually supportive strategies. Participation in such strategies and events will not place undue financial costs upon the Offeror.

15.20. Communications. In order to facilitate efficient and safe operations, the Offeror must utilize a variety of communications equipment, the extent and complexity of which depend upon the scope of the contracted operations. Communication equipment typically involves the use of public airwaves, which are monitored and regulated by the Federal Communications Commission. As such, federal licensing and use guidelines must be followed. The Offeror must notify the Park Manager within thirty (30) days of the contract start date of its plans regarding communications equipment and procedures.

15.21. Lost and Found Procedures. The Offeror must establish a formal lost and found procedure for visitors. A log must be kept for all found items, items returned (and to whom), and unclaimed items turned over to the Park Manager.

15.22. Sub-Concessioner Services. All Sub-concessioners must be pre-approved by the ASP, and held to the same contract standards as the primary Offeror.

16. General Maintenance Responsibilities and Standards: The Offeror must, at a minimum;

16.1. The Offeror must maintain the concession and state facilities (interior and exterior areas, as applicable) in a clean, sanitary, and safe manner, and in good order and repair, at its own expense and to the satisfaction of the ASP, based upon guidance provided in the Scope of Work. This satisfaction includes, but is not limited to, complying with all guidelines provide herein;

16.2. All maintenance in accordance with applicable laws, rules, regulations, ordinances, codes, and industry standards;

16.3. Ensure that all personnel performing maintenance tasks possess appropriate skills, experience, licenses and certifications to conduct said work;

16.4. Obtain the appropriate licenses and permits required by the jurisdictional regulatory agencies and follow all state and local laws, rules, regulations, ordinances, codes, and industry standards applicable to the tasks being performed. Copies of said licenses and permits must be made available to ASP-ED upon request;

16.5. To the greatest extent possible, conduct maintenance activities in a manner that minimizes negative environmental impacts;

16.6. Perform emergency repairs without prior ASP-ED approval, as long as appropriate documentation follows within one business day. An emergency is defined as a condition that poses an imminent threat to public health and safety, or property.

16.7. Schedule and track completion of all maintenance activities in an electronic format approved by the ASP-ED.

This process must be capable of providing information regarding the maintenance standards outlined in this document. The format of the maintenance tracking must provide ASP-ED with information regarding preventative and cyclic maintenance.

16.7.1. Preventative Maintenance: means planned scheduled, periodic maintenance that is performed on assets weekly, monthly, semi-annually or annually.

16.7.2. Cyclic Maintenance: means planned work tasks that recur on a periodic cycle greater than one year to sustain the useful life of an asset.

16.8. Conduct annual inspections of concession and/or state facilities to verify compliance with the Offeror’s current

Operations and Maintenance Plan and to develop a list of future maintenance requirements and fee-offset plans. The Offeror must provide advance notification of such inspections to the park manager in order to ensure an ASP representative can be present if desired.

16.9. Ensure that its maintenance activities are in compliance with the National Environmental Policy Act, and all other applicable laws. Required performance measures to ensure legal compliance with such laws are the responsibility of the Offeror.

16.10. Annually provide ASP with a concession general maintenance plan. This plan must be provided within sixty

(60) days prior to the end of the contract year. This plan will outline the proposed activities for preventative and cyclic maintenance with the estimated budgeted expenditures.

17. Personal and Real Property Management: The Offeror must, at a minimum;

State Procurement Office 100 N 15th Ave., Suite 201

Phoenix, AZ 85007

17.1. The Offeror must provide all personal property. This includes, without limitation, removable equipment, furniture, and goods necessary for its operations under this Contract. At its discretion, the State may choose to provide personal property.

17.2. Real Property will not be provided by the State.

17.3. Assigned personal property is listed in Exhibit C. This Exhibit C may be modified from time to time by the ASP as items are added or withdrawn. The Offeror is responsible for the personal property provided by the ASP and must maintain the property to keep it in good and operable condition. If the property ceases to be serviceable, it must be returned to the ASP for disposition. ASP is not responsible for replacement of real property provided by the State if its useful life ends prior to the end of the contract.

17.4. Provide ASP-ED within sixty (60) days of the beginning of each contract year an updated inventory of all personal property used for concession services. The inventory will include the year purchased and item description.

17.5. Maintain all personal property free from defects and in accordance with industry standards for public use.

Personal property must be safe, serviceable, and usable for intended purposes.

17.6. Maintain service and repair personal property used by visitors and staff according to the manufacturer’s recommendations, and replace such property as necessary.

17.7. Comply with all public health and safety regulations associated if providing food service.

17.8. Inspect and thoroughly clean exhaust hoods and ductwork associated if providing food service at least once per year

17.9. Keep within the park personal property necessary for the delivery of the required and authorized services approved under this Contract. Security and storage of such property is the responsibility of the Offeror. All personal property kept within public view shall be kept presentable. Storage structures may be erected, at the contractor’s sole expense, and only by advance permission of the ASP-ED.

18. Specific Maintenance Responsibilities and Standards: The Offeror must, at a minimum;

18.1. Land Areas and Facilities: Building and Structures

18.1.1. Housekeeping

18.1.2. Cleaning and maintenance of building interiors and visitor use areas must be performed with sufficient regularity to provide a positive visitor impression, give an overall appearance of clean and sanitary conditions, be free of litter, be safe, and be neat in appearance.

18.2. Utilities

18.2.1. Utilities will not be provided by ASP.

18.2.2. The Offeror must, with the written approval of the ASP-ED and under any requirements that the

ASP shall prescribe, secure necessary utilities at its own expense from sources outside CPSP, or install the utilities within CPSP with the written authorization of the ASP-ED, subject to the following conditions:

18.2.2.1. All appliances and machinery to be used in connection with the privileges granted in this subsection, as well as the plans for location and installation of such appliances and…