Camp_Trailer_Rental_Services_RFP_P21CA011.pdf

DocuSign Envelope ID: 6254F945-1C98-481C-B777-36369A806FB5

REQUEST FOR PROPOSALS

FOR

Camp Trailer Rental Services

AT

Oceano Dunes State Vehicular Recreation Area and

Pismo State Beach

Opening Date March 8, 2024

Closing Date May 23, 2024

STATE OF CALIFORNIA- NATURAL RESOURCES AGENCY

DEPARTMENT OF PARKS AND RECREATION

PARTNERSHIPS DIVISION

715 P STREET, 13TH FLOOR

SACRAMENTO, CA 95814

RFP #P21CA011

NOTICE OF REQUEST FOR PROPOSALS

Notice is hereby given that the California Department of Parks and Recreation (State) is now accepting proposals for the concession operation described below.

Concession Name: To be Determined

Operation Category & Type Camps

Operation Description Camp Trailer Rental Services

Park Units: Oceano Dunes SVRA & Pismo State Beach

Proposal Closing Time & Date: 2:00 p.m. on May 23, 2024

Proposal Submission Location: California Department of Parks and Recreation Partnerships Division 715 P Street, 13th Floor Sacramento, CA 95814

Contract Term: Five (5) additional five (5) years

Annual Minimum Rent Bid: Minimum Annual Rent in the sum of forty-two thousand dollars ($42,000) or ten percent (10%) of Monthly Gross Receipts, whichever is greater

Capital Outlay Requirement: None

Special Account: None

Proposal Bond (due at time of proposal submission):

Three thousand dollars ($3,000)

Performance Bond (due at time of Contract execution):

One-year minimum annual rent as bid

Relevant Experience:

Three (3) years

Pre-Proposal Meeting:

Optional tour of Concession Site: Upon reservation with the District

For more information related to this RFP please contact Concession Specialist, Jakob Crawford at Jakob.Crawford@parks.ca.gov

Armando Quintero, Director

1:00 p.m. on March 28, 2024

TABLE OF CONTENTS

NOTICE OF REQUEST FOR PROPOSALS .................................................................. II

SECTION 1 - PROJECT SUMMARY

1.1 GOAL & OBJECTIVES

Department Mission Goal of this Request for Proposals (RFP) Objectives of this RFP

1.2 GENERAL INFORMATION

Site Description Current Concession Operation Future Site Plans and Business Development Objectives

1.3 CONCESSION CONTRACT SUMMARY

SECTION 2 - THE RFP PROCESS

2.1 PROPOSAL PROCESS

Tentative Proposal Dates Pre-Proposal Meeting Optional Tour of Concession Site Letter of Intent to Bid and RFP Content Questions Proposal Bond Proposal Submission Proposal Format & Content Confidentiality of Proposals Withdrawal of Proposals

PROPOSALS MAY BE WITHDRAWN AT ANY TIME PRIOR TO THE PROPOSAL

CLOSING DATE AND TIME PROVIDED THAT A WRITTEN REQUEST EXECUTED

BY THE PROPOSER OR HIS/HER DULY AUTHORIZED REPRESENTATIVE FOR

THE WITHDRAWAL OF SUCH PROPOSAL IS FILED WITH THE STATE. THE

WITHDRAWAL OF A PROPOSAL SHALL NOT PREJUDICE THE RIGHT OF A

PROPOSER TO FILE A NEW PROPOSAL PRIOR TO THE PROPOSAL CLOSING

DATE AND TIME. HOWEVER, ONCE THE PROPOSAL CLOSING DATE AND TIME

HAS PASSED, PROPOSALS SHALL BE IRREVOCABLE

2.2 EVALUATION PROCESS

Verification of Proposal Information Right to Reject Proposals, Waive Defects and Requirements

Supplemental Information Proposal Evaluation Concession Contract Award Board Concession Contract Award Protest of Award

2.3 CONTRACT EXECUTION

Preparation of Contract Performance Bond and Insurance Failure to Sign/Deliver Contract

SECTION 3 - THE PROPOSAL

3.1 INSTRUCTIONS FOR THE CONCESSION PROPOSAL

I. PROPOSER INFORMATION

II. THE PROPOSAL

III. FINANCIAL INFORMATION

IV. CERTIFICATION AND AUTHORIZATION

V. PRIVACY NOTICE

3.2 PROPOSAL EVALUATION CRITERIA

3.3 PROPOSAL EVALUATION SHEET

3.4 CONCESSION PROPOSER QUESTIONNAIRE, DPR 398

SAMPLE CONCESSION CONTRACT

SECTION 1 - PROJECT SUMMARY

1.1 GOAL & OBJECTIVES

Department Mission mission is to provide for the health, inspiration, and education of the people of California by helping to preserve the s resources, and creating opportunities for high-quality outdoor recreation.

Off-Highway Motor Vehicle Recreation Division Mission The mission of the OHMVR Division is to provide leadership statewide in the area of off-highway vehicle (OHV) recreation; to acquire, develop, and operate state owned veh managed OHV recreational opportunities through funding to other public agencies; to ensure that quality recreational opportunities remain available for future generations by providing for education, conservation, and enforcement efforts that balance OHV recreation impact with programs that conserve and protect cultural and natural resources.

Goal of this Request for Proposals (RFP) The goal of this Request for Proposals (RFP) is to award a five (5) year concession contract contract an additional five (5) years to equip, maintain, furnish, and operate camp trailer rental service for the public at Oceano Dunes SVRA and Pismo Beach State.

Objectives of this RFP Develop equip, manage, and maintain high-quality camp trailer rental services for the public;

Improve the concession premises, including upgrades to ensure full compliance with the Americans with Disabilities Act (ADA) and all State and Local Government accessibility regulations;

Promote and complement safe, enjoyable, and convenient recreational experiences for all park visitors.at reasonable prices;

Provide reasonable financial compensation to support the State, including the park operations and interpretive activities

1.2 GENERAL INFORMATION

Site Description Oceano Dunes SVRA and Pismo State Beach are located in southwestern San Luis Obispo County, California and encompass 5,000 acres of land west of U.S. Highway 1, between Oceano and Guadalupe-Nipomo Dunes National Wildlife Refuge. Oceano Dunes SVRA and Pismo State Beach include beach and coastal dunes available for off-highway vehicle recreation and non-motorized recreation.

At Oceano Dunes SVRA, there are approximately 1,000 acres available for OHV recreation, including approximately 1 - 2 miles of beach where seasonal camping occurs. There is a mile long boardwalk to the beach in the Oso Flaco Lake area of the park. Vehicles entering the SVRA from the current Grand and Pier Avenue entrances must drive on the beach, and on a seasonal basis, cross Arroyo Grande Creek, to access the area designated for OHV use and the camping areas. Motorized access along the beach can be affected by high tides and heavy rains that create high creek flow at the Arroyo Grande Creek crossing. When these conditions occur, there may be temporary restrictions imposed on crossing the Arroyo Grande Creek. Camping is allowed in Oceano Dunes SVRA south of Post 2 on the beach and in the open dune area. The State provides vault toilets and chemical toilets, and water-delivery and holding-tank pump-out services are provided through a concession.

Pismo State Beach includes two designated campsite areas with approximately 190 sites, with 82 campsites in Oceano Campground and 103 campsites in the North Beach Campground. Oceano Lagoon has a wheelchair-accessible fishing overhang. The park has the largest over-wintering colony of monarch butterflies in the U.S. The tree-lined beach is popular with bird watchers and photographers.

History and Visitation Oceano Dunes SVRA has been a State Vehicular Recreation Area since 1971. The

-Highway Motor Vehicle Recreation Division began active management of the area in 1982. Oceano Dunes SVRA is the only State Park in California where street legal and non-street legal vehicles can be driven on the beach. Oceano Dunes SVRA receives approximately 1 million visitors annually. In addition to OHV recreation, the park offers many other recreational opportunities including but not limited to swimming, fishing, surfing, kite surfing, hiking, walking, bird watching, and picnicking.

and is located on the original 140-acre park acquisition. North Beach Campground was constructed in 1963 on a 53-acre parcel. Campsites are available by reservation year-round and can be made up to six months in advance. Recreational opportunities include, but are not limited to hiking, swimming, kitesurfing, surf fishing, and digging for the famous Pismo clam.

Current Concession Operation The park visitation, gross sales and rent to state for the last five (5) years as reported by the previous concessionaire:

Fiscal Year Park Visitation Gross Receipts Rent to State 2019/20201 948,042 $236,685 $23,669 2018/2019 1,966,771 $478,206 $47,821 2017/2018 2,067,671 $521,780 $52,178 2016/2017 1,947,715 $461,305 $46,131 2015/2016 1,974,030 $521,136 $52,114 1 Reflects alterations in operations due to Covid.

NOTE: The preceding is for general information only; the State does not guarantee its accuracy. It is recommended that proposers personally investigate the premises and park environs.

Future Site Plans and Business Development Objectives The General Plan for Oceano Dunes SVRA and Pismo SB was amended in February 1994 and is available online at http://www.parks.ca.gov/?page_id=24354.

Proposals should consider potential operational changes in the park unit that may occur during the term of the contract. Changes to park operations may result from changes in law, social or use patterns, and budget considerations. Any changes in the normal operations of the park shall not be construed as authorizing a change in the terms and conditions of the contract.

1.3 CONCESSION CONTRACT SUMMARY

This additional five (5) years concession contract will provide for the operation of a camp trailer rental concession.

The intent of the concession contract is to provide the public with high-quality, reasonably priced camp trailer rentals that enhances the vi and the interpretive, natural, and cultural resources of the park.

The following is a summary of important concession contract provisions. It is critical for proposers to understand all the terms and conditions of the Sample Concession Contract included herein. If a proposer is awarded a concession contract, the successful proposer has 30 days to review and sign the awarded concession contract.

The successful proposer shall be expected to accept the provisions of the Sample Concession Contract as written. If necessary, minor clarifications may be made prior to the concession contract execution.

At a minimum, the successful proposer will be required to:

Provide camp trailer rental services for park visitors camping at Oceano Dunes

SVRA and Pismo State Beach; to include delivery and pick-up of camp trailers.

Provide only fully self-contained camping trailers that have been properly maintained and stocked with environmentally sensitive holding tank chemicals, biodegradable toilet tissue, fresh water supply and propane gas for cooking.

Pay as annual rent the amount presented in the proposal, which, at a minimum, shall be the greater of forty-two thousand dollars ($42,000) or ten percent (10%) of monthly gross receipts.

Implement the Operation Plan as described in the RFP, Section 3, the Proposal that that comply with Federal, State, and Local accessibility guidelines. The plans will become exhibits of the final concession contract subject to State review and approval.

Maintain the premises, facilities, furnishings, and equipment in good condition in accordance with State standards and concession contract provisions.

Provide a continuing Performance Bond in the amount of annual minimum rent as bid, with CPI adjustments.

Pay for all taxes applicable to the operation of the concession, including possessory interest taxes, and all utility services as required by the concession contract.

Provide and maintain valid insurance as required by the concession contract, including but not limited to: commercial general liability and property insurance.

Obtain all necessary licenses, permits, and approvals as set forth in the concession contract and abide by all applicable health, safety, and environmental codes and regulations.

Comply with the letter and spirit of current and subsequent guidelines or plans, including Park Unit General Plan amendments or updates, management and interpretive plans, historic structure reports, and others that may apply.

Demonstrate compliance with labor laws as specified in the RFP.

The successful proposer will not:

1. Provide sales or services considered inappropriate, deemed objectionable, or denied by the State.

2. Charge prices in excess of those approved by the State.

3. Promote or participate in activities that are incompatible with the rules, regulations, guidelines, or the mission of the State.

Note: This concession contract summary is for general information only. Terms and conditions are set forth in detail in the Sample Concession Contract.

SECTION 2 - THE RFP PROCESS

2.1 PROPOSAL PROCESS

Tentative Proposal Dates

March 8, 2024 ...................................................... Publication of the RFP March 28, 2024 .................................................... Pre-Proposal Meeting April 11, 2024……………………………………….. Last day for proposers to submit Letter of

Intent to Bid and RFP questions April 25, 2024 ....................................................... DPR written responses to questions May 23, 2024 ....................................................... Deadline for proposal submission June-July 2024 .................................................... Evaluation of Proposals July 2024 ............................................................ Notice of “Intent to Award Contract” July 2024 ............................................................ Award and execution of contract February 2025 ....................................................... 5+5-year contract begins

Note: This schedule does not consider unforeseen factors that could impact the timing of the project. It is the intent of the State to keep proposers apprised of changes in the schedule as they occur. Should the award of the concession contract be protested, additional time will be required to resolve the matter.

Pre-Proposal Meeting It is strongly recommended that the proposer or designated representative attend the pre-proposal meeting at 1 p.m. on Thursday, March 28, 2024 at Oceano Dunes District, Visitor Center, 555 Pier Avenue, Oceano, CA 93445. The meeting provides an equitable forum for all proposers to:

• Meet local State staff;

• Learn about the RFP process, including procedures for questions and answers, proposal submission, and concession contract award;

• Receive information on the park, facility history and State plans for the park and the concession;

• Review the RFP document.

Optional Tour of Concession Site It is strongly recommended that the proposer or designated representative schedule an optional tour of the concession site with the District. The tour provides an equitable forum for all proposers to:

• Walk the concession premises;

• See the layout of the concession building;

• Inventory concession equipment; etc.

Letter of Intent to Bid and RFP Content Questions All proposers must submit a Letter of Intent to Bid as well as any questions related to the content of the RFP no later than 5:00 PM on April 11, 2024. Proposers who submit a proposal but fail to submit a Letter of

Intent to Bid will be disqualified. To ensure fair competition, all proposers will receive the same information and materials; no telephone or personal inquiries about this RFP will be answered. The Letter of Intent to Bid and RFP content questions shall be submitted in writing to the State by email at the contact information listed below. A written compilation of all questions and answers, and any RFP errata, will be posted on Cale-Procure at www.caleprocure.ca.gov (or emailed/mailed upon request). Questions will be answered as clearly and completely as possible without jeopardizing the competitiveness of the proposals. Proposers should send their Letter of Intent to Bid and RFP questions addressed to:

California Department of Parks and Recreation Partnerships Division Attn: Jakob Crawford

Email: Jakob.Crawford@parks.ca.gov

Proposal Bond Proposals must be accompanied by a Proposal Bond or cashier's check payable to the State of California, Department of Parks and Recreation, in the amount of three thousand dollars ($3,000). By submitting a proposal bond the proposer agrees that the bond may be cashed and retained by the State. If a cashier's check is submitted it will be cashed by the State. In the event the proposer fails to execute the concession contract, the bond or cashier's check will be retained by the State. Further, by submitting a proposal, proposer agrees that the State will suffer costs and damages not contemplated otherwise should proposer be awarded the concession contract but fail to execute and proceed with the concession contract, the exact amount of which will be difficult to ascertain. Accordingly, it is agreed that such retained sums shall not be deemed a penalty, but, in lieu of actual damages, shall represent a fair and reasonable estimate of damages to the State for failure of the proposer to execute and proceed with the concession contract upon notification of award by the State. Bonds will be returned to all proposers once the concession contract is executed with the best responsible proposer.

Proposal Submission The proposal, including the Proposal Bond, must be received by 2:00 P.M. on May 23, 2024 at:

California Department of Parks and Recreation Partnerships Division

715 P Street, 13th Floor Sacramento, CA 95814

Proposal Format & Content The proposal package must be sealed and clearly marked on the outside with "RFP # P21CA011 for Camp Trailer Rental Services at Oceana Dunes SVRA and Pismo State Beach". Please submit one (1) original proposal in a 8.5" x 11" three-ring binder. All material should be presented in an 8.5" x 11" portrait format with tabs for each section.

Larger formatted graphic exhibits are acceptable if folded to fit within the 8.5" x 11" three-ring binder. All proposals must be typed. Hand-written proposals (aside from jcrawford Highlight jcrawford Highlight conceptual drawings) will not be accepted. The original proposal binder must also include the following:

A complete Concession Proposer Questionnaire (DPR 398) Checklist An electronic version of the DPR 398 and all supplemental information saved to an enclosed CD or USB in Microsoft Word or comparable format.

If the requested information is not provided, the proposal will be determined to be not responsive and will be rejected.

Confidentiality of Proposals All proposals submitted to an RFP, which include the DPR 398 and applicable plans, Public Resources Code Section 5080.08(a) and become the property of the State. The proposals are subject to the requirements of the California Public Records Act (California Government Code Section 6250 et. seq.). The proposer must clearly identify in writing, within the body of the proposal, all copyrighted material, trade secrets, or other proprietary information the proposer claims are exempt from disclosure under the Public Records Act, this includes denoting where the confidential material begins, ends, and the specific reason(s) for the exemption. Proposers claiming exemption must include the following statement in their proposal:

The proposer agrees to indemnify and hold harmless the State, its officers, employees, and agents from any claims, liability or damages against the State, and to defend any action brought against the State for p disclose such material, trade secrets, or other proprietary information to any party. Proposer acknowledges and understands that State may release information in the proposal claimed by proposer to be exempt from disclosure under the Public Records Act, and that proposer waives any claims against the State for this release.

Failure of a proposer to include this statement and/or identify in writing the claimed exempt material shall be deemed a waiver of any exemption from disclosure under the Public Records Act. In the event of a protest to State Notice of Intent to Award a concession contract, State may, in its sole discretion, release any or all of the contents of the proposals to the proposers for purposes of hearing and adjudicating the protest. Requests by proposers to review the winning proposals will be allowed, with the exception of financial statements, for purposes of protesting the Notice of Intent to Award and only within the 10 days following said Notice. Once a fully executed concession contract is signed and approved by the State the contract is open to public inspection. Pursuant to Public Resources Code Section 5080.08(b), the proposal questionnaire and financial statements will not be open to public inspection unless they are to be referenced as a result of a civil action or criminal prosecution by the State.

Withdrawal of Proposals Proposals may be withdrawn at any time prior to the proposal closing date and time provided that a written request executed by the proposer or his/her duly authorized representative for the withdrawal of such proposal is filed with the State. The withdrawal of a proposal shall not prejudice the right of a proposer to file a new proposal prior to the proposal closing date and time. However, once the proposal closing date and time has passed, proposals shall be irrevocable.

2.2 EVALUATION PROCESS

Verification of Proposal Information The State may obtain credit reports and verify tax form information to further establish the qualifications of any proposer. All proposers may be subject to a personal interview and inspection of his/her business premises prior to award. Proposers should notify bank and business references in writing that a representative from the State will be contacting them concerning the financial and credit information furnished to the State with the proposal.

The State reserves the right to accept or reject any or all proposals, and waive any or all immaterial defects, irregularities, or requirements in the RFP for the benefit of the State, so long as such waiver does not give any proposer a material advantage over other proposers. A proposer shall not be relieved of his/her proposal nor shall any change be made in his/her proposal due to a proposer error.

Supplemental Information At its sole discretion, the State reserves the right, but does not have the obligation, to seek supplementary information or clarification from any proposer at any time between the dates of proposal submission/acceptance and the concession contract award. The State may obtain credit reports and/or make background inquiries to further establish the qualifications of any proposer. Proposers may be required to make a presentation to the Concession Contract Award Board.

Proposal Evaluation All proposals received shall be evaluated for form and content in accordance with the requirements of this RFP. Upon receipt of only one proposal for this concession and at

, a Concession Contract Award Board may be convened to evaluate and score the proposal. Upon receipt of more than one proposal, a Concession Contract Award Board will evaluate and score each eligible proposal pursuant to the point system and selection criteria as described in the Proposal Instructions and Proposal Evaluation Sheet. Proposals that do not pass Evaluation Level I will be disqualified from further consideration. Proposals that pass Evaluation Level I but do not pass Evaluation Level II may be considered by the Concession Contract Award Board provided more than one proposal is received.

Concession Contract Award Board Concession Contract Award Boards are appointed by the Director of the California Department of Parks and Recreation, or his or her representative, and convened to review, evaluate, and rate each proposal received to make a recommendation to the

Director regarding the If an Award Board is convened for this RFP, the members may include park staff with related expertise, such as Field Division Chief, Deputy Director, Park Design and Construction staff, or District Superintendent, and representatives from other public agencies or the private sector. The Award Board cannot consist of individuals associated with the District that is advertising the RFP.

Concession Contract Award If an award is made, the award for a concession

California Public Resources Code Section

5080.23. whose proposal passes each of the required elements and receives the highest total score as determined by the Concession Contract Award Board and as approved by the Director. In the event of only one proposal for this concession contract, the State may award the contract upon determining the one proposal passes each of the required RFP elements. Execution of the awarded concession contract is subject to approval by controlling agencies of the State, which include the Department of General Services and the Attorney General, and will not be binding on the State or the successful proposer until such approval is obtained.

through the bid process, the State may negotiate a concession contract under the provisions of California Public Resources Code Section 5080.16(a).

Protest of Award Based on California Code of Regulations, Title 14, Division 3, Chapter 3, Section 4400 and California Department of Parks and Recreation policy, within ten (10) days after the State has issued a notice of intent to award a concession contract for a term in excess of two (2) years following a RFP, any proposer who submitted a proposal for that specific RFP may file a written statement of protest against awarding of the contract with the Director of the California Department of Parks and Recreation. The statement shall be signed by the protestor, shall specify the grounds for the protest and may include a demand for a hearing. Failure to file a verified petition within the ten (10) day period shall constitute a waiver of the right to protest. Protests must be sent to:

The Department of Parks and Recreation Attention: Director Armando Quintero

715 P Street, 14th Floor Sacramento, CA 95814 info@parks.ca.gov

A copy of the protest must be served on the Attorney General within the ten (10) day period by the proposer. Serve the Attorney General at:

State of California Department of Justice

Office of the Attorney General Land Law Section

1300 I Street Sacramento, California 95814

(916) 445-9555

If a protest is timely served and a hearing is demanded, or if the Director on his or her own motion orders a hearing, proceedings shall be conducted according to the Administrative Procedure Act, and the protest statement shall be treated as a Statement of Issues (Govt. Code 11504). Issues not raised in the protest statement are deemed waived. The filing of a protest does not prevent the State from awarding the contract.

Any recommendation or decision of the hearing officer shall be submitted to the Director for approval, adoption, modification, disapproval, or other interlocutory or final action. If a hearing is not so demanded or ordered, the action of the Director shall be final.

2.3 CONTRACT EXECUTION

Preparation of Contract Subsequent to the award of a contract, if an award is made, the State will prepare a final contract for execution. The contract will contain "exhibits" developed from the selected proposal including the , and Interpretive Plans, as required. Minor changes or modifications to the contract, proposal plans, and contract exhibits may be made prior to execution based on agreement between the State and concessionaire. However, no material change to the concession contract or its exhibits as presented in the RFP and in the selected proposal may be made.

Performance Bond and Insurance The successful proposer will be required to submit a Performance Bond (or other approved surety) and evidence of insurance required under the contract. Failure to submit the bond and/or insurance verification within the time limit presented may be treated as a refusal to execute, if the State so elects, and the State may take the Proposal Bond and select the next Best Responsible Proposal.

Failure to Sign/Deliver Contract A failure of the successful proposer to sign and deliver the contract within thirty (30) days of receipt may be treated as a refusal to execute, if the State so elects, and the State may retain the Proposal Bond and select the next Best Responsible Proposal.

SECTION 3 - THE PROPOSAL

3.1 INSTRUCTIONS FOR THE CONCESSION PROPOSAL

A completed Concession Proposer Questionnaire Checklist, Concession Proposer Questionnaire form (also known as DPR 398) and a Proposal Bond will constitute the proposal. Proposer must complete all sections, respond to all questions, and fill in all blanks within the form. Inapplicable questions or blanks should Applica

The proposal must be clear and unambiguous. It should clearly commit the proposer to enter into a contract with the State to provide the services and other concession improvements as required by this RFP and offered in the proposal. Financial commitments must be made and conditional only on contract execution.

The submission of a proposal shall be deemed evidence that the proposer is aware of the responsibilities of being a concessionaire and has carefully examined State laws relating to California State Park concessions; possessory interest tax as related to concessions; the site(s) selected for said concession; obligations and responsibilities related to local control agencies and permitting requirements; and the proposal instructions, proposal form, and the sample concession contract included herein.

I. PROPOSER INFORMATION

A. Proposer Identification This section should be completed to reflect contact information for the business, proposer, and a point of contact.

Small Business Status If the business is a Small Business (SB) or Disabled Veteran Business Enterprise (DVBE) they must enter their Office of Small Business (OSB) identification number and the proposal must include a copy of the Small Business Certification.

To ensure a certifiable document, applications should be submitted to OSB well before the proposal closing day and properly identify a business type consistent with this RFP.

ponsibility to contact OSB to verify the completeness of the application. Incomplete documents are not certifiable. Proposers may obtain an application for Small Business Certification from:

Office of Small Business and DVBE Certification 707 Third Street, 1st Floor, Room 400

West Sacramento, CA 95605

(800) 559-5529 or (916) 375-4940

Fax: (916) 374-4950

A non-profit organization may qualify for the same preference points as a small business if registered with the OSB.

B. Business Information Select the type of business that describes the proposing entity (Sole Proprietorship, Partnership, Joint Venture, Limited Liability Company or Corporation) and provide the requested information. The type of business must be established prior to submitting a proposal. All proposals must include documentation that they can do business within the State of California.

Sole Proprietorships: operating under a business name shall include proof of registered fictitious business name.

Partnerships: shall include a copy of the Partnership Agreement which clearly describes the role of each partner.

Joint Ventures: shall include a copy of the Joint Venture Statement/Agreement which clearly describes the role of each member in the joint venture.

Limited Liability Companies (LLC): shall include a copy of their Articles of

Organization with the California Secretary of State seal (LLC-1 or LLC-5) and the Statement of Information (LLC-12) to identify the managing member or members of the organization.

Corporations: shall include a copy of the Articles of Incorporation with the California Secretary of State seal, and a board resolution to authorize the concession proposal and identify the individual authorized to act on behalf of the corporation.

C. Individual Information This section must be completed by each individual, partner, and member of the joint corporations; concession manager; and the managing member(s) of the organization identified on the LLC-12 for a limited liability company. The aforementioned identified individual(s) must also complete and sign the Authorization to Release Information in Section IV.

Personal History: Proposers must provide their legal name, social security number, address, phone number and answer each of the questions. If the proposer answers yes to any question they must provide additional information.

If the proposer had a bond or surety canceled or forfeited within the past ten (10) years they must list the Bond Company, date, amount, and explain why it was canceled or forfeited.

If the proposer has been involved in, pleaded guilty or no contest to, or been convicted of committing any crime other than minor traffic violations they must list violation or crime, the dates it occurred, and the locations.

If the proposer has ever declared bankruptcy, been declared insolvent or bankrupt, filed for bankruptcy, or been reorganized under Federal or State laws they must list the dates, court jurisdictions, and amounts of liabilities and assets.

If the proposer is involved in any pending litigation they must list the violations, dates, and locations.

Experience: For the purpose of this RFP, proposers must have a minimum of three (3) years experience owning, managing or operating a business of similar type, size and scope as the concession operation set forth and described in this RFP. Proposals with less than the minimum experience will be disqualified.

education and business experience with special emphasis on the experience and qualifications related to the subject concession. Be specific with respect to the type and management role and specific duties, type and size of operation, quality of operation, public agency involvement, contractual relationships, and other factors demonstrating ability to successfully operate the proposed concession. Include additional information as needed.

Certification: Proposers must sign and date the certification at the bottom of the page certifying that all information provided is true and accurate.

D. Business References Client and vendor references are used to confirm information provided by proposers should submit at least one reference for each reference type required below. However, to adequately substantiate the claims made in the proposal, proposers are encouraged to provide three references that are familiar with the business. Proposers should notify their references in writing that a representative from the State will be contacting them.

For the purposes of this RFP, proposers should provide references from the following sources within the DPR 398:

Client or Business References: Name clients or other persons that most accurately reflect the business performance and ability to fulfill contract obligations with other entities for the provision of goods and services. NOTE: Proposers must provide a California State Park reference if State Parks within the past five (5) years. Failure to provide the reference may result in proposal disqualification.

Vendor References: Proposers should provide vendor references if they are a pre-existing business currently utilizing vendors.

II. THE PROPOSAL

Provide an Operation Plan (as required) that addresses each of the checked elements in the Concession Proposer Questionnaire form (DPR 398). Each element of the DPR 398 is described below. Proposers may submit additional information to describe and enhance their proposal.

As a condition of the contract award, the successful proposer may be required to revise or further develop these plans to the satisfaction of the State and prior to the execution of the contract. If and when it is accepted, the final plans will be incorporated as exhibits to the contract and become an obligation of the concessionaire.

The Proposal Plans shall be submitted on a CD or USB device concurrent with the proposal. The plans provided on the CD or USB must be available in Microsoft Word format so they can easily be incorporated as exhibits in the final contract.

A. Rental Offer The concessionaire will be required to pay as annual rent a guaranteed amount (Rental Guarantee) or a Percentage of Gross Sales, whichever is greater. Proposers shall bid both the Rental Guarantee and the Percentage of Gross Sales as specified in the DPR

398. For the purposes of this RFP, the Rental Guarantee must be at least forty-two thousand dollars ($42,000) and the Percentage of Gross Sales must be at least ten percent (10%). Any offer below the minimum rent requirements will result in proposal disqualification.

B. Operation Plan The Operation Plan shall address the following elements and must demonstrate an understanding of and commitment to achieving the objectives of this RFP. The proposal must also adhere to the operational requirements as described in the Sample Concession Contract. The following sections and the items listed in each section are required in the Operation Plan.

Executive Summary The Executive Summary should summarize relevant experience, knowledge, and expertise, and the required Proposal Plans in 250 words or less.

Vision/Mission Statement Provide a Vision/Mission Statement that aligns with the California Department of Parks and Recreation s objectives for the concession business.

Organizational Structure Provide an organization chart and staffing plan that can guide the operations and ongoing management of the concession business. The plan should identify the proposed concession manager; position titles and salaries for all job classifications with a summary of the required job skills, qualifications and duties; and the number of existing or proposed employees in each job classification to support the operation.

Transition/Business Start-Up Provide a plan and timeline for starting concession operation and providing a seamless transition in customer service.

Maintenance and Housekeeping Provide a comprehensive plan to maintain the concession facilities in a first-class condition throughout the term of the contract. The maintenance plan must describe staffing noting required skills or qualifications, any subcontracted services, housekeeping and maintenance schedules, and annual budget allocation.

Customer Service Describe a clear commitment to successfully implement an effective customer service program. The plan should include, but is not limited to, previously established and effective customer service program models, adequate employee staffing and management oversight, hours of operation equal to or greater than required by this RFP, and a customer satisfaction survey program.

Employee Staffing and Training Describe personnel policies and training program for all employees including, but not limited to, hiring practices; probationary period; health, safety, and grievance policies and procedures; performance monitoring; uniform requirements; business orientation;

job training; and park orientation training. Such programs must provide sufficient staffing with the skills and knowledge to ensure the provision of high-quality services, as well as, the ability to respond to public inquiries regarding state parks in the area and

Marketing and Advertising Describe proposed marketing and advertising methods; identify media sources and sample advertising materials, schedules, brochures, signage; plans to collaborate and co-brand with the department; and specify an annual marketing budget allocation.

Favorable consideration will be given to proposals indicating focused efforts to increase

-ethnic and disadvantaged populations.

Community Involvement Describe commitment to create added value and benefits to the surrounding community and park visitors. This may include special events, educational programs, and community service activities. In addition, proposer should identify any special skills, knowledge, and resources needed and available to implement the plan.

Products, Merchandise, and Services Provide a detailed description of the proposed products and services to be provided by the concession operation. The products and services offered should meet or exceed the needs of the park users, and be compatible with and complementary to the mission of the park.

Prices and Pricing Policies Provide a price schedule for a representative sample of the proposed products and services. The policies should include an explanation of the process to be used to establish prices for products and services. Such policies should provide park visitors with quality products at reasonable prices considering the competition of comparable markets for similar products, services and the cost of doing business.

Conservation and Recycling use, and recycling, use of post-consumer recycled products, water and energy conservation, pest management, hazardous materials handling, air quality, and other applicable facets of resource conservation and environmental protection that are applicable to the concession operation. The plan should clearly commit proposer to a program that will minimize negative impacts on the environment and encourage park visitors to do the same.

Accessibility Describe commitment to ensure that visitors with disabilities will have access to all of the events and services provided through the concession operation in accordance with the Americans with Disabilities Act of 1990, the Rehabilitation Act of 1973, and California Government Code Sections 4450 et. seq. and 7250. Additional accessibility resources are available at www.ada.gov; http://www.parks.ca.gov/?page_id=21944;

(State Parks Accessibility Program) and http://www.parks.ca.gov/?page_id=22651 (All Visitors Welcome handbook).

Safety and Security Provide a detailed description of the safety and security procedures that are provided and available on the premises and how this will be upheld to ensure that a good safety record is maintained.

As a condition of the contract award, the successful proposer may be required to revise or further develop the Operation Plan to the satisfaction of the State and prior to the execution of the contract. If and when it is accepted, the final plan will be incorporated as an exhibit to the contract and become an obligation of the concessionaire.

III. FINANCIAL INFORMATION

Complete the Concession Development, Business Financial Statement, Financial References, Credit Worthiness, and the Financial Proforma with projections for the duration of the proposed contract term initiate and operate the proposed concession in a financially responsible manner.

A. Concession Development Proposers must present evidence satisfactory to the State demonstrating their ability to finance, construct, operate, and maintain the concession facilities as proposed. The proposer must include the source of funding and detailed information including:

Concession Development Cost Estimate: Project the costs associated with developing the concession. Costs include but are not limited to planning and design, interior improvements, equipment, furnishings, vehicles, inventory, licensing, and permits.

Proposed Means to Finance Concession: Provide amounts for personal finances, loans, or credit that will be used to finance the concession. Identify and document the specific source of funding that the business will use to undertake the project as proposed. If the development will be funded by outside sources (i.e., parent company, third party, LLC partners, donors, etc.), proposal must include documentation, such as a recent bank statement, balance sheet, income statement, or other supporting documents to demonstrate these funds are available, and a signed statement that these funds are unconditionally committed to this concession project. If funds are to be borrowed to finance any portion of the total investment, proposer must provide loan commitment documentation such as a letter-of-intent from the individual, bank, or other lending entity indicating the minimum amount to be loaned and any applicable percentage rate. The loan commitment may contain the qualification that the loan will be consummated only upon award of an agreement with the State, otherwise the commitment must be irrevocable and unconditional. Repayment of any loans shall be included as a line item in the Financial Proforma.

The Financial Proforma shall include Concession Development estimates and the commitments made within the Operation Plan.

concession feasibility will be further evaluated under Level III in relation to the Operation Plan commitments.

B. Business Financial Statement

Business Financial Statement: The Business Financial Statement is intended to and net worth. A complete and accurate Business Financial Statement will reflect total assets equal to total liabilities plus net worth. Round figures to the nearest dollar. If the business is a partnership or joint venture, each general partner or joint venturers must individually submit a Business Financial Statement. Proposers may provide copies of forms filed with the Internal Revenue Service, Franchise Tax Board or statements prepared by a Certified Public Accountant in support of information contained in this statement.

C. Financial References and Credit Worthiness

Financial References: Proposers must submit a minimum of three financial references with two of the references being banking, savings, or loan institutions. The contact person listed should be familiar with the financial aspects of the business.

Credit Worthiness: Proposers must present evidence of credit worthiness. At a minimum, this shall include a three in one credit report from the three major national credit reporting agencies: Equifax, Experian and TransUnion issued within 60 days of the proposal due date. This shall also include the FICO score for sole proprietors, each partner within a partnership, and each managing member of an LLC. Corporations shall provide the credit reports from a recognized agency such as Dun and Bradstreet (D&B).

A D-U-N-S number is recommended. Any derogatory information listed on said reports should be explained. A FICO credit score less than 660 and/or a debt to income ratio of 50% or more will automatically disqualify a proposal. In addition, any outstanding debts, delinquent payment history on current concession contracts, and any other negative credit history may disqualify a proposal.

D. Financial Proforma Proposers must prepare a Financial Proforma to show estimated annual gross profit, expenses, and net income derived from the business for the duration of the contract term. Proposers must explain how the figures were derived. The Financial Proforma shall include Concession Development estimates and the commitments made within the required Proposal Plans.

IV. CERTIFICATION AND AUTHORIZATION

A. Authorization to Release Information A signed authorization for each individual, partner, member of joint ventures, officer of shares (as applicable) must be included or the proposal may be disqualified.

B. Labor Law Compliance Certification A request may be made to the National Labor Relations Board for information regarding Administrative Hearing decisions against each proposer. Proposer must have no more than one final, unappealable finding of contempt of court by a federal court issued for violation of the National Labor Relations Act within the two-year period immediately preceding the closing date of this RFP or the proposal will be disqualified.

C. Authorization to Release Tax Returns A completed authorization to release tax returns for the appropriate business type must be included with the proposal or it may be disqualified.

D. Proposer Certification A completed certification must be included with the proposal or it may be disqualified.

The proposer must certify under penalty of perjury that all responses and information provided in connection with the proposal are true to the best of his/her knowledge and belief, and the proposer understands and agrees that any misstatement or omission of any material fact may cause forfeiture of all rights to the proposed agreement.

V. PRIVACY NOTICE

This section provides notice to proposers. No action by proposers is necessary.

3.2 PROPOSAL EVALUATION CRITERIA

The criteria below are used by the Concession Contract Award Board to determine a total score for the Level III Evaluation.

Incumbent Preference 5 Points Incumbent proposals are awarded points based on annual Performance Evaluations performed by the State. The incumbent concessionaire is defined as the Sole Proprietor, Partnership, Joint Venture, Limited Liability Company or Corporation that currently operates the concession advertised in this RFP. Such concession operation must be at the same site, comprise the same type of operation(s), and provide substantially the same types of products and services as those specified in the RFP.

Poor Performance Evaluations may result in negative point scores (See DPR 531 in the Sample Concession Contract). The absence of Performance Evaluations defaults to a

EXCELLENT

Overall Rating of Evaluation Number of Years Rating Was Received

Points Awarded

3 out of last 3 years 5 points

2 out of last 3 years 3 points

1 out of last 3 years 2 points

Satisfactory 3 out of last 3 years 1 point

1 out of last 3 years - 1 point

2 out of last 3 years - 3 points

3 out of last 3 years - 5 points

Small Business Preference 5 Points Five (5) points will be awarded to those proposers who have a complete and certifiable application on file with the Office of Small Business.

Experience 20 Points For the purposes of this RFP, proposers must have a minimum of three (3) years experience owning, managing, or operating a business of similar size, type, and scope as the concession operations set forth and envisioned by this RFP. The proposer will be rated according to the years of relevant experience as verified by references and the quality of experience as it relates to the business described in this RFP. In addition, points are awarded for experience contracting with public agencies.

Operation Plan 35 Points A maximum of thirty-five (35) points will be awarded based upon the degree to which the proposal addresses each of the elements described in Section 3, The Proposal, and identified in the DPR 398, Proposer Questionnaire.

Rental Offer 35 Points For the purpose of assigning points in the Proposal Evaluation, the highest acceptable rental offer* for each category of rent required (Rental Guarantee and…