Camp_Trailer_Rental_Services_Sample_Contract.pdf

CONCESSION CONTRACT

FOR

Camp Trailer Rental Services

AT

Oceano Dunes State Vehicular Recreation Area and

Pismo State Beach

STATE OF CALIFORNIA NATURAL RESOURCES AGENCY

DEPARTMENT OF PARKS AND RECREATION

PARTNERSHIPS DIVISION

715 P STREET, 13TH FLOOR

SACRAMENTO, CA 95814

P21CA011

Camp Trailer Rental Services Oceano Dunes SVRA and Pismo State Beach

Concession Contract P21CA011 i

Camp Trailer Rental Services

CONCESSION CONTRACT

INDEX

1. DESCRIPTION OF PREMISES

2. CONDITION OF PREMISES

3. TERM

4. RENT

5. GROSS RECEIPTS

6. USE OF PREMISES

7. RATES, CHARGES AND QUALITY OF GOODS AND SERVICES

8. EMPLOYEE ORIENTATION AND TRAINING

9. ALCOHOLIC BEVERAGES

10. HOUSEKEEPING, MAINTENANCE, REPAIR AND REMOVAL

11. RESOURCE CONSERVATION

12. HAZARDOUS SUBSTANCES

13. UTILITIES AND SERVICES

14. EQUIPMENT

15. PERSONAL PROPERTY

16. SIGNS AND ADVERTISING

17. PHOTOGRAPHY

18. INTELLECTUAL PROPERTY RIGHTS

20. PARTICIPATION IN STATE PARK MARKETING PROGRAMS

21. MODIFICATIONS, ADDITIONS, TITLE TO IMPROVEMENTS

22. BONDS

23. INSURANCE

24. HOLD HARMLESS AGREEMENT

25. COMPLIANCE WITH LAWS, RULES, REGULATIONS AND POLICIES

26. DISABILITIES ACCESS LAWS

27. NONDISCRIMINATION

28. DRUG-FREE WORKPLACE

Camp Trailer Rental Services Oceano Dunes SVRA and Pismo State Beach ii

29. CONFLICT OF INTEREST

30. EXPATRIATE CORPORATIONS

31. NATIONAL LABOR RELATIONS BOARD CERTIFICATION

32. CHILD SUPPORT COMPLIANCE ACT

33. RECORDS AND REPORTS

34. TAXES

35. PERFORMANCE EVALUATIONS AND INSPECTIONS

36. DEFAULT BY CONCESSIONAIRE

38. DEFAULT BY STATE

39. SURRENDER OF THE PREMISES; HOLDING OVER

40. NO RECORDATION

41. ATTORNEY FEES

42. WAIVER OF CLAIMS

43. WAIVER OF CONTRACT TERMS

44. INTERPRETATION OF CONTRACT

45. DURATION OF PUBLIC FACILITIES

46. EMINENT DOMAIN

47. TEMPORARY TENANCY

48. SECTION TITLES

49. INDEPENDENT CONCESSIONAIRE

50. ASSIGNMENTS AND SUBCONCESSIONS

51. MODIFICATION OF CONTRACT

52. UNENFORCEABLE PROVISION

53. APPROVAL OF CONTRACT

54. CONTRACT NOTICE

56. FORCE MAJEURE

EXHIBIT A THE PREMISES

EXHIBIT B . 56

Camp Trailer Rental Services Oceano Dunes SVRA and Pismo State Beach iii

EXHIBIT C DPR 86, CONCESSIONAIRE FINANCIAL STATEMENT

EXHIBIT D DPR 531, CONCESSION PERFORMANCE RATING

EXHIBIT E DRUG FREE WORKPLACE CERTIFICATION

EXHIBIT F LICENSE/PERMISSION FOR USE OF TRADEMARKS

EXHIBIT F, Attachment 1 License/Permission for Use of Trademarks

EXHIBIT G CONSUMER PRICE INDEX ADJUSTMENT FORMULA

EXHIBIT H

Camp Trailer Rental Services Oceano Dunes SVRA and Pismo State Beach

STATE OF CALIFORNIA

DEPARTMENT OF PARKS AND RECREATION

CONCESSION CONTRACT

For

Camp Trailer Rental Services

Located In

Oceano Dunes State Vehicular Recreation Area and

Pismo State Beach

THIS CONTRACT is made and entered into by and between the STATE

OF CALIFORNIA, acting through its Department of Parks and Recreation, hereinafter and ConcessionaireName DBA FictitiousBusName of

CityState, hereinafter referred to as "Concessionaire";

RECITALS

WHEREAS, California Public Resources Code §5080.03 et seq.

authorizes the Department of Parks and Recreation to enter into concession contracts for the operation of state park system lands and facilities and;

WHEREAS, the State Parks and Recreation Commission has been notified in accordance with California Public Resources Code § 5080.05 and §5080.06 and;

WHEREAS, in accordance with California Public Resources Code

§ 5080.23, concession contracts authorizing occupancy of any portion of the state park system for a period of more than three (3) years are required to be awarded through a competitive bid process and;

Camp Trailer Rental Services Oceano Dunes SVRA and Pismo State Beach

WHEREAS, it is appropriate that the following contract be entered into for the safety and convenience of the general public in the use and enjoyment of, and the overall enhancement of recreational and educational experience at units of the state park system;

NOW, THEREFORE, IT IS MUTUALLY AGREED BY AND BETWEEN

THE PARTIES AS FOLLOWS:

1. DESCRIPTION OF PREMISES

The State for and in consideration of the agreements hereinafter stated, grants to

Concessionaire for the purposes stated herein, the right, privilege, and duty to develop, equip, operate, and maintain a nonexclusive camp trailer rental services concession in

Oceano Dunes SVRA and Pismo State Beach at the location(s) as set forth in

Exhibit A, attached to and made a part of this Contract (the "Premises"). The Premises shall be developed and operated for public outdoor recreation purposes in compliance with the provisions of the Land and Water Conservation Fund Act (LWCF).

The possessory interest herein given to the Concessionaire does not exclude the general public from the Premises; however, the use by the general public is limited by the terms and conditions of the possessory interest given herein. This Contract is not intended to confer third party beneficiary status to any member of the public who is benefited by the terms of this Contract. The possessory interest is further subject to all valid and existing contracts, leases, licenses, encumbrances, and claims of title that may affect the Premises.

2. CONDITION OF PREMISES

The taking of possession of the Premises by the Concessionaire, in itself, shall constitute acknowledgment that the Premises are in good and sufficient condition for the purposes for which Concessionaire is entering into this Contract. Concessionaire agrees to accept Premises in their present and that the

Camp Trailer Rental Services Oceano Dunes SVRA and Pismo State Beach

State shall not be obligated to make any alterations, additions, or betterments to the

Premises except as otherwise provided for in this Contract.

3. TERM

The term of this Contract shall be for a period of five (5) years, option to extend the contract an additional five (5) years, commencing on the first day of the month following approval by the California Department of General Services. Should

Concessionaire hold-over after the expiration of the term of this Contract with the express or implied consent of the State, such holding-over shall be deemed to be a tenancy from month-to-month at the herein stated prescribed rent as set forth in this

Contract in Section 39, Surrender of Premises; Holding Over, with continuous

Consumer Price Index adjustment, as defined below, subject otherwise to all the terms and conditions of this Contract.

For purposes of this Contract, the term "Contract Year" shall mean each one-year period of time that commences on the commencement date identified above, extending twelve (12) months therefrom, and continuing from each anniversary throughout the term of the Contract.

4. RENT

Concessionaire shall pay, without offset, deduction, prior notice, or demand, as

"Minimum Annual forty-two thousand dollars ($42,000) annually or ten percent (10%) of gross receipts, whichever sum is greater.

At end of Contract Year Five (5) and on the last day of each fifth Contract Year thereafter herein referred to as the subject contract year, the Minimum Monthly/Annual

Rent ($$$$) shall be adjusted to reflect changes in the Consumer Price Index (CPI).

Such CPI adjustments shall be made in accordance with the procedure set forth in

Exhibit G, attached to and made a part of this Contract.

Camp Trailer Rental Services Oceano Dunes SVRA and Pismo State Beach

Concessionaire shall make payment of Minimum Annual Rent and other payments to State in lawful money of the United States. However, if any payment made by a check, draft, or money order is returned to State due to insufficient funds or otherwise, State shall have the right, at any time after the return, upon written notice to

Concessionaire, to require Concessionaire to make all subsequent payments in cash or by cashier's or certified check.

Beginning with the fifteenth (15th) day of the month following the execution of the

Contract, and on or before the fifteenth (15th) day of each month thereafter, receipts for the preceding month. Such statement shall be submitted on Form DPR 54, Concessionaire's Monthly Report of Operation, attached hereto as Exhibit B, or in a format previously approved by the State, and shall specify the current period and cumulative total of gross receipts for the concession through the end of the preceding month for the then current Contract Year. Concessionaire shall also provide such statement for periods of non-operation. Concurrent with such monthly statement, the

Concessionaire shall pay to State the appropriate rental fee based on the gross receipts for the preceding calendar month as prescribed above. Payments to State shall be made to the order of the Department of Parks and Recreation and delivered to the

District Office identified in Section 54, Contract Notice, or at such other location as may from time to time be designated by State. If, at the end of the Contract Year, the total of monthly percentage rental payments made (or due) during that Contract Year is less than the Minimum Annual Rent required for that Contract Year, the difference shall be remitted to State with the last monthly sales statement for the Contract Year. Payments must be received by State on or before the fifteenth (15th) day of the month as described above. Any late payment shall constitute a breach of contract, giving rise to

State's remedies as set forth below. Further, any late payment will be subject to a late penalty consisting of an administrative charge on the late amount, calculated at the rate of five percent (5%) of the amount of the late payment or portion thereof. The parties agree that the late charge represents a fair and reasonable estimate of the costs State will incur because of late payment. Acceptance of the late charge by State shall not

Camp Trailer Rental Services Oceano Dunes SVRA and Pismo State Beach constitute a waiver of Concessionaire's default for the overdue amount, nor prevent

State from exercising the other rights and remedies granted under this Contract.

Concessionaire shall pay the late charge as additional rent with the next monthly rent payment.

Any amount due to State, if not paid within five (5) days following the due date, will bear interest from the due date until paid at the rate of ten percent (10%) per year.

However, interest shall not be payable on late charges incurred by Concessionaire.

Payment of interest shall not excuse or cure any default by Concessionaire.

Upon written request by the Concessionaire to State demonstrating unusual or extenuating circumstances causing the late payment, the State, in its sole discretion, may waive the late charge. Further, in the event Concessionaire is prevented from carrying on the operations contemplated herein by reason of an Act of Nature or other reasons beyond Concessionaire's control, and when requested in writing in advance by

Concessionaire, Minimum Annual Rent may be abated in proportion to the amount by which gross receipts are reduced by the occurrence for such period of reduced or non-operation, as determined in the sole discretion of State.

If this Contract is terminated by State because of Concessionaire's default, and if

Concessionaire becomes liable for any deficiency in rent and/or fees by way of damages or otherwise, or if at any time during the Contract term Concessionaire ceases to conduct in the Premises the business referred to herein below, then from and after the time of the breach causing this termination, or from and after the time of the cessation of business, all unpaid rent and/or fees prior to the breach causing termination or cessation of business shall become due and payable. The amount due shall be deemed to be the greater of: (a) the Minimum Annual Rent provided herein, or

(b) an amount based upon the average of the payments that have accrued to State as percentage rent during the twenty-four (24) months preceding the termination or cessation of business, unless the termination or cessation occurs within three (3) years of the beginning of the Contract term, in which event the previous twelve (12) (or fewer, if applicable) months shall be used as the basis of this average.

Camp Trailer Rental Services Oceano Dunes SVRA and Pismo State Beach

5. GROSS RECEIPTS

shall mean all moneys, property, or any other thing of value received by or owed to

Concessionaire and any sub-concessionaire or operator, if other than Concessionaire, through or in connection with the operation of the concession, including any concession related business carried on through the internet or catalog sales, or from any other business carried on or in connection with the Premises, or from any other use of the

Premises, and/or of any business of any kind that uses the names licensed by this

Contract, or that associates with or implies an endorsement by State, all without deduction. The term "gross receipts" shall not include any sales taxes imposed by any governmental entity and collected by Concessionaire.

6. USE OF PREMISES

The Premises shall be used by the Concessionaire to provide trailer rental services, for park visitors camping at Oceano Dunes SVRA and Pismo State Beach in accordance with the following:

A. Concessionaire shall provide a camping trailer rental service, consisting of variously sized and configured camping trailers to park visitors with camping receipts or camping reservations within the boundaries of

Oceano Dunes SVRA and Pismo State Beach.

B. At any one time, Concessionaire may stage only two rental camping trailers for exhibit purposes and one office trailer at a designated staging area determined by the State. All other un-rented camping trailers must be stored on private property outside the boundaries of the park.

C. Concessionaire shall 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. Concessionaire may provide freshwater supply re-charge, holding tank vacuum pump service, propane replacement tanks and trailer battery replacement services only on those

Camp Trailer Rental Services Oceano Dunes SVRA and Pismo State Beach trailers owned and operated by the Concessionaire.

D. Concessionaire agrees to transport via a Concessionaire tow vehicle and set in place, the rental camping trailers at a camping location within the designated beach camping area and west of the primary dunes at Oceano

Dunes SVRA; or within a designated camping site at Pismo State Beach campgrounds. Pismo State Beach deliveries cannot be put in place until the rental customer/park visitor is on the Premises. The Concessionaire shall make every effort to insure that each trailer rental customer can reasonably access his or her trailer site with his or her privately owned motor vehicle.

E. Concessionaire shall maintain a daily rental log listing each customer, including but not limited to the renter's name, address and if applicable, a cellular telephone number and the location of each rental camping trailer within the SVRA and Pismo State Beach.

F. The Concessionaire shall post in each rental trailer the Diablo Canyon siren warning decal, a laminated copy of local emergency telephone numbers and an evacuation map, plan and instructions to assist the evacuation of rental customers in the event of an emergency.

G. The Concessionaire shall secure and maintain all applicable permits and licenses, which include but are not limited to Federal, State, County and

Regional necessary to conduct a trailer rental business in San Luis

Obispo County.

H. Concessionaire employees who drive street legal vehicles owned or operated by the Concessionaire shall possess a valid California Drivers

License with the appropriate insurance and endorsements. All equipment owned and/or operated by Concessionaire within Oceano Dunes SVRA and Pismo State Beach shall be maintained to the standards set forth by the manufacturer of said equipment and to the requirements set forth in the California Vehicle Code. Prior written approval by the State is required for all modifications or changes to equipment. Concessionaire

Camp Trailer Rental Services Oceano Dunes SVRA and Pismo State Beach shall further maintain equipment in compliance with standards imposed by insurance policies.

I. Concessionaire shall immediately respond, remedy and report to the State any defective, dangerous, or unsanitary conditions and immediately report to the State any employee or park visitor accident or injury caused by the

Concessionaire's operations occurring on the Premises.

J. Concessionaire employees shall wear uniforms, minimally to consist of a uniform shirt of the same color lot for each employee, an employee nametag or name embroidered on the uniform shirt and cap of the same color lot for each employee. The uniforms shall be kept in a neat, clean and presentable condition while on duty within Oceano Dunes SVRA and

Pismo State Beach.

K. Business advertising by Concessionaire shall be limited to business name, business phone number and business logo, which may only appear on the driver and passenger doors of the Concessionaire's tow vehicles, and on trailers. Other banners, posters, flyers or advertisements of any kind within Oceano Dunes SVRA and Pismo State Beach are prohibited.

Any changes to this requirement must be submitted in writing and approved by the District Superintendent.

L. Concessionaire is not authorized to leave unattended any personal property within the Premises overnight. State assumes no liability for

Concessionaire's personal property left on the Premises.

M. Concessionaire shall not use or permit the Premises to be used in whole or in part during the term of this Contract for any purpose, other than as herein set forth, without the prior written consent of the State.

N. Concessionaire shall dispose of all concession related off site. Alternatively, the Concessionaire may pay to the state appropriate fees for each use, to dispose of "gray water" or sewage, using state facilities located at the Oceano Dunes SVRA LeSage dump station or the Pismo State Beach dump station located at North Beach campground.

Camp Trailer Rental Services Oceano Dunes SVRA and Pismo State Beach

O. Concessionaire shall post, and have available upon request, a set fee schedule for rental camping trailer services. Any changes in the fee schedule must be submitted in writing and be pre-approved by the State.

P. Concessionaire shall comply with State's resource management and preservation mandates in the conduct of all activities that impact cultural, natural, or scenic resources. No artifacts or natural or cultural items may be removed from the Premises or disturbed or damaged or altered in any way. Concessionaire will monitor and to take all reasonable precautions to ensure compliance by all employees and/or customers.

Concessionaire shall report to State any and all observed, known and/or suspected violation of this provision.

Q. Concessionaire shall completely remedy immediately any defective, dangerous, or unsanitary conditions and/or injury to the Premises caused by Concessionaire' operations.

The Use of Premises will be consistent with the State approved Operation Plan as proposed by Concessionaire and modified by State as is reasonable and necessary to meet the intention of the State for this concession operation and the mission of

California State Parks. The approved Operation Plan is incorporated herein and made part of this Contract as Exhibit H.

Concession services shall be provided between the hours of 8 AM and 10 PM daily, or when the unit closes, whichever is earlier, during each year of the Contract. In the event State deems the hours of operation inadequate for proper service to the public, State may require Concessionaire to adjust the days and/or hours of operation to a schedule provided by State. Concessionaire may remain open on other dates, observing same (or longer) hours, at Concessionaire's discretion with the concurrence of State. In the event of adverse weather or other operating conditions, State may permit the concession to close at any time during the term of this Contract. Where safety or health violations are present or where there has been a lapse in insurance or bond coverage, the District Superintendent shall require a concession to temporarily

Camp Trailer Rental Services Oceano Dunes SVRA and Pismo State Beach close for business. The concession shall not be allowed to reopen until the violations and/or deficiencies have been corrected to the satisfaction of the State.

Concessionaire shall not use or permit the Premises to be used in whole or in part during the term of this Contract for any purpose other than as herein set forth without the prior written consent of the State.

7. RATES, CHARGES AND QUALITY OF GOODS AND SERVICES

Concessionaire shall staff, operate, manage, and provide all goods, services, and facilities offered in a first-class manner and comparable to other high quality concessions providing similar facilities and services. State reserves the right to prohibit or modify the sale or rental of any item, accommodation, or service for public safety and appropriate quality. Any changes to rates or charges to park visitors proposed by but does not require a formal amendment to the contract. Rate changes may not be imposed retroactively.

8. EMPLOYEE ORIENTATION AND TRAINING

All concession employees shall receive training to include an orientation on the

State Park System, and local points of interest, provided by Concessionaire. Such orientation shall be sufficient to permit concession employees to reply adequately to inquiries from the visiting public. Training also shall include job or task-specific training necessary to ensure high-quality job performance in a manner consistent with the protection of the State Park System and its visitors. Conce

Training/Orientation Program is subject to approval by the State.

Security: Concessionaire will require all concession employees and volunteers in positions of special trust as determined at the sole discretion of the District

Superintendent or designee to undergo a background check, including references and fingerprints, to ensure that the individual has an acceptable record as a law-abiding citizen. Positions of special trust include, but are not limited to, those members of concessi -

Camp Trailer Rental Services Oceano Dunes SVRA and Pismo State Beach needs persons or other vulnerable populations. The background check must comply with all California laws pertaining to background checks including but not limited to

California Government Code sections 12952 and Labor Code section 432.7. The background checks shall be equivalent -

Scan Program. Background check reports shall be provided to the State as requested. Concessionaire shall be responsible for all costs associated with said background checks. Concessionaires shall assess whether any criminal conviction have a direct and adverse relationship to the duties of the positions of special trust, and if so, consider it as a basis for removing the employee from that position, disqualifying an applicant or revoking an offer of employment.

9. ALCOHOLIC BEVERAGES

Notwithstanding anything to the contrary, the sale of liquor, beer, or other alcoholic beverages on the Premises is expressly prohibited. Exception to this restriction may be allowed through the special event permit process, as approved by

State.

10. HOUSEKEEPING, MAINTENANCE, REPAIR AND REMOVAL

During the term of this Contract at Concessionaire's own cost and expense, Concessionaire shall maintain the Premises and areas in, on, or adjacent to a distance of not less than fifty (50) feet, including personal property and equipment, in a clean, safe, wholesome, and sanitary condition free of trash, garbage, or obstructions of any kind. Removal and disposal of all rubbish, refuse, and garbage resulting from disposed of outside the park unit and in accordance with applicable laws and local ordinances. All trash containers and/or trash bins shall be adequately screened to the satisfaction of State. Concessionaire shall remedy without delay any defective, dangerous, or unsanitary conditions.

A. Housekeeping: Housekeeping activities are defined as all those activities concerned with keeping facilities clean, neat, and orderly, and includes, but is not

Camp Trailer Rental Services Oceano Dunes SVRA and Pismo State Beach limited to, mowing, raking, sweeping, vacuuming, mopping, stripping, waxing, dusting, wiping, washing, hosing, and other general care or cleaning of interior and exterior floors, walls, ceilings, doors, windows, facility fixtures, and all adjacent grounds and walks. Concession housekeeping shall conform to

California State Park standards as stated in Chapter 8 of the Department

Operations Manual.

B. Maintenance and Repairs: Concessionaire shall maintain all concession facilities and personal property and equipment on the Premises in good condition and repair at Concessionaire's sole cost and expense at all times during the term of this Contract. Such maintenance shall conform to State Park standards as stated in Chapter 8 of the Department Operations Manual. For the purposes of work necessary to maintain concession facilities and personal property and equipment in a good state of repair, as well as to preserve them for their intended purpose for an optimum useful life.

Should Concessionaire fail, neglect, or refuse to undertake and complete any required maintenance, State shall have the right to perform such maintenance or repairs for Concessionaire. In this event, Concessionaire shall promptly reimburse State for the cost thereof provided that State shall first give

Concessionaire ten (10) days written notice of its intention to perform such maintenance or repairs. State shall not be obligated to make any repairs to or maintain any improvements on the Premises. Concessionaire hereby expressly waives the right to make repairs at the expense of State and the benefit of the provisions of §1941 and 1942 of the Civil Code of the State of California relating thereto if any there be. State has made no representations respecting the condition of the Premises, except as specifically set forth in this Contract.

C. Removal and Restoration. At the expiration or sooner termination of this

Contract, Concessionaire at its own expense shall remove all personal property brought onto the Premises by Concessionaire. Concessionaire, at

Concessionaire's expense, shall restore and repair the Premises, and any of

Camp Trailer Rental Services Oceano Dunes SVRA and Pismo State Beach

Concessionaire's improvements or fixtures remaining thereon, to a good, clean, safe, and fit condition, reasonable wear and tear expected, and shall completely remedy all injuries to the Premises.

11. RESOURCE CONSERVATION

A. Environmental Conservation Program: Concessionaire shall set a positive example in waste management and environmental awareness that shall lead to preservation of the resources of the State. Accordingly, Concessionaire shall prepare and execute a program, subject to the prior written approval of the State, designed to reduce environmental impacts that result from concession operations. This program shall address, but not be limited to: solid waste management, including reduction, reuse and recycling; water and energy conservation, pest management, grease removal and disposal, hazardous materials handling and storage, and air quality. Specifically, the program must include the following:

1) Recycling and Beverage Container Programs: The Concessionaire shall implement a source reduction and recycling program designed to minimize concession and patron use of disposable products, per Public

Contract Codes §12161 and 12200 et seq. Reusable and recyclable sable products are needed, products that have the least impact on the environment will be selected. No Styrofoam containers or other non-biodegradable containers are to be used or sold by Concessionaire. The use of "post-consumer" recycled products is encouraged wherever possible.

The Concessionaire shall participate in the California beverage container redemption/recycling program. Products to be recycled include, but are not limited to, paper, newsprint, cardboard, bimetal, plastics, aluminum and glass. At the start of each Contract Year, Concessionaire and State shall review items sold, and containers or utensils used or

Camp Trailer Rental Services Oceano Dunes SVRA and Pismo State Beach dispensed by Concessionaire, and, whenever possible, eliminate the use of non-returnable or non-recyclable containers or plastics.

2) Water and Energy Conservation: The Concessionaire shall implement water and energy conservation measures. As new technologies are developed, Concessionaire shall explore the possibility of integrating them into existing operations where there is potential for increased efficiency, reduced water or energy consumption, and/or reduced impacts on the environment.

3) Erosion Control/Water Quality/Environmental Sensitivity: The

Concessionaire shall comply with all requirements set forth by various oversight agencies that have jurisdiction and oversight authority relating to the Premises and surrounding properties, including, but not limited to, erosion control, water quality and environmental sensitivity standards.

B. Resource Management and Preservation: Concessionaire shall comply all activities that impact cultural, natural, or scenic resources. These mandates include the Public Resources Code §5024, 5097 et seq. and §21080.3, the cultural resource directives

C. Air and Water Pollution Violation: Under State laws, Concessionaire shall not be (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to §13301 of the

Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.

D. Environmental Compliance and Resource Protection: The concessionaire shall comply with State in the conduct of all activities that may potentially affect cultural, natural, and/or scenic values. These mandates include, but are not limited to, the California

Camp Trailer Rental Services Oceano Dunes SVRA and Pismo State Beach

Environmental Quality Act (CEQA/PRC 21074), the Memorandum of

Understanding between California State Parks and the Office of Historic

Preservation Executive Orders W-26-92 and B-10-11, Departmental Notice 2004-

02, PRC §5024, §5024.5 and §5097 et seq., the Native American Graves

Protection and Repatriation act (NAGPRA) (PL 101-601, 25 U.S.C. 3001 et seq., Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring &

Reconstructing Historic Buildings, the California Endangered Species Act, the

Federal Endangered Species Act, the Clean Air Act, the Clean Water Act, and the Porter Cologne Water Quality Act. When an undertaking has a Federal nexus, the National Historic Preservation Act (NHPA)-Section 106 (36 CFR Part

800.1 to 800.16) and the National Environmental Policy Act (42 U.S.C. §4321) will be required as well. The California State Parks Departmental Operations

Manuals (DOM 300, 400, and 2000) for natural and cultural resources shall also be complied with for projects with the potential to affect resources.

All resource management projects proposed within the Premises will be undertaken with the oversight provided by the appropriate State staff, specifically

Environmental Scientists, State Historians, and State Archaeologists.

Sensitive information will be safeguarded from general public distribution as required by state and federal law (California Government Code Section

65040.2(g)(3); 6254.10; 43 CFR 7, Section 7.18(a)).

12. HAZARDOUS SUBSTANCES

A. On the Premises, Concessionaire shall not:

1) Keep, store, or sell any goods, merchandise, or materials that are in any way explosive or hazardous;

2) Undertake or engage in any offensive or dangerous trade, business, or occupation; or

3) Use or operate any machinery or apparatus that shall injure the

Premises or adjacent buildings in any way.

Camp Trailer Rental Services Oceano Dunes SVRA and Pismo State Beach

4) Concessionaire shall report illicit descharges compliant wit the

District MS4 permit.

B. Nothing in this Section shall preclude Concessionaire from bringing, keeping, or using on or about said Premises such materials, supplies, equipment, and machinery as is appropriate or customary in conducting business.

C. Storage of Hazardous Materials: Concessionaire shall 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 shall be stored, handled, and dispensed as required by present or future regulations and laws.

D. Concessionaire shall protect, indemnify, defend, and hold harmless the

State or any of its affiliates, successors, principals, employees, or agents against any liability, cost, or expense, including attorney fees and court costs, arising from illegal use, storage, transportation, or disposal of any hazardous substance, including any petroleum derivative, by Concessionaire. Where Concessionaire is found to be in breach of this provision due to the issuance of a government order directing Concessionaire to cease and desist any illegal action in connection with a hazardous substance, or to remediate a contaminated condition directly caused rol or authority, Concessionaire shall be responsible for all cost and expense of complying with such order, including any and all expenses imposed on or incurred by the State in connection with or in response to such government order. Notwithstanding the foregoing, in the event a government order is issued naming Concessionaire, or Concessionaire incurs any liability during or after the term of the Contract in connection with contamination that preexisted the er this Contract or prior contracts, or that were not directly caused by Concessionaire, the State shall be solely responsible as between Concessionaire and the State for all expenses and

Camp Trailer Rental Services Oceano Dunes SVRA and Pismo State Beach efforts in connection therewith, and State shall reimburse Concessionaire for all reasonable expenses actually incurred by Concessionaire therewith.

E. Certification: Upon termination of this Contract, when requested by State, Concessionaire shall provide certification prepared by a Certified Industrial

Hygienist that there is no hazardous waste contamination and/or damage to the

Premises.

13. UTILITIES AND SERVICES

Concessionaire shall be responsible for all costs associated with the installation and provision of all utilities necessary to and used in connection with the Premises, including but not limited to sewage disposal. When installing facilities, no trees shall be trimmed or cut without permission of State.

14. EQUIPMENT

Concessionaire, at Concessionaire's own expense, shall completely equip the concession improvements described herein and shall keep the same equipped in a safe and first-class manner throughout the term of this Contract.

15. PERSONAL PROPERTY

Except to the extent covered by Section 21, Modifications, Additions, Title to

Improvements, title to all personal property provided by Concessionaire shall remain in

Concessionaire. Concessionaire shall not attach any personal property to any building property attached to real property will be considered a real property improvement and shall become property of State at the time this Contract is terminated.

16. SIGNS AND ADVERTISING

No signs, logos, names, placards, or advertising matter shall be inscribed, painted, or affixed upon Premises, circulated, or published, including electronically or on

Camp Trailer Rental Services Oceano Dunes SVRA and Pismo State Beach the internet, without prior written consent of the State and only consistent with the purposes of the Contract.

17. PHOTOGRAPHY

State may grant permits to persons or corporations engaged in the production of still and motion pictures and related activities for the use of the Premises for such purposes when such permission shall not interfere with the primary business of

Concessionaire. Such permits shall not be deemed to be a competitive activity with

18. INTELLECTUAL PROPERTY RIGHTS

A. Clarify Ownership of Pre-existing Intellectual Property Rights: Other than as specifically identified and authorized in this Contract, no names, logos, trademarks or copyrighted materials belonging to and/or associated with

California State Parks shall be used, circulated, or published without the express written consent of the State. Further, no such use, even if permitted herein, or otherwise, shall be deemed to instill in Concessionaire any rights of ownership on such names, logos, trademarks, copyrights or other materials, and any rights to such use shall not, under any circumstances, continue beyond the term of the

Contract.

Any trademarks and/or copyrights belonging to Concessionaire prior to the commencement of the Contract must be disclosed in writing and shall remain in

During the course of this relationship, Concessionaire shall use the name, [Concessionaire Name], this Contract and may not use any additional and/or different names, trademarks or logos

Contract without written agreement of the State.

B. Ownership of New Logos and Trademarks Developed During Contract:

Camp Trailer Rental Services Oceano Dunes SVRA and Pismo State Beach

Any names, logos, and/or trademarks developed during and/or pursuant to this

Contract that in any way associate with, identify or implicate an affiliation with the

State and/or are funded by the State shall be approved in writing by the State, shall belong to the State upon creation, subject to express written agreement otherwise, and shall continue in exclusive ownership upon termination of the Contract. Further, all goodwill and other rights in said marks shall inure to the benefit of the State as the mark owner.

C. Ownership of new Copyrights, Developed by Concessionaire for the State, Absent a Separate Written Agreement: Any copyrighted materials developed and created by Concessionaire for the State during the term of this Contract shall

§101 et seq. and shall, unless otherwise agreed to in writing, belong to the State upon creation, and continue in exclusive ownership upon termination of this Contract. Unless otherwise agreed to in writing, Concessionaire intends and agrees to assign to the State all rights, title, and interest in and all works created pursuant to this Contract as well as all related intellectual property rights.

Concessionaire agrees to cooperate with the State and to execute any document reasonably necessary to give the foregoing provisions full force and effect including, but not limited to, an assignment of copyright.

D. Concessionaire Rights in Separately Created Works: Any copyrighted materials and/or trademarks developed and created by Concessionaire separate and apart from this Contract, shall belong to Concessionaire, and shall continue ination of this Contract. In the event that any trademarks and/or copyrights are created by Concessionaire during the term of this Contract and same are proposed for use in connection all promptly notify the State in writing of its intention to retain ownership in the specific trademarks and/or copyrights.

E. If Concessionaire makes a legal claim or assertion to have a trademark or service mark interest in violation of California Public Resources Code Section

Camp Trailer Rental Services Oceano Dunes SVRA and Pismo State Beach

5080.22(a), the Concessionaire shall forfeit the right to bid on any future state park concession contracts to the extent authorized by federal law. If a current or former Concessionaire in bad faith files a federal or state trademark or service mark application for a trademark or service mark that incorporates or implies an association with a state park venue, or its historical, cultural or recreational resources and the state files a successful opposition or cancellation with respect to that trademark or service mark application, the concessionaire shall be that opposition or cancellation.

19.

State hereby grants Concessionaire, and Concessionaire hereby accepts a non-exclusive, non-assignable license to use the California State Parks Logo (sometimes

[as well as other names, logos, or marks] created and owned by State, in accordance with the terms and conditions of the

License/Permission for Use of Trademarks which is attached hereto as Exhibit F and is incorporated herein by this reference. After signature by both Concessionaire and the

State, this License shall authorize the use of the Trademark and associated goodwill, in connection with this Contract only.

A record of each authorized use by Concessionaire of the Trademark shall be maintained by Concessionaire and by the State.

Concessionaire and the State will use the California State Parks name, Trademark, and brand consistent with the California State Park Brand Standards

Handbook available at https://www.parks.ca.gov/pages/22374/files/Brand%20Handbook%20January%202007.

pdf

The California State Parks name, Trademark and brand will not be used on

Concessionaire social media pages.

Camp Trailer Rental Services Oceano Dunes SVRA and Pismo State Beach

20. PARTICIPATION IN STATE PARK MARKETING PROGRAMS

Concessionaire acknowledges that the State has an established advertising and marketing program designed to promote additional revenue for the State and to deliver a consistent and positive image to the public, and Concessionaire agrees to participate in this program in the manner described below without compensation from the State for such cooperation. Any programs established following execution of the contract will be implemented upon mutual consent by Concessionaire and State.

A. Concessionaire agrees to honor all statewide graphic standards, licensing, and merchandising agreements entered into with corporate sponsors of the

State.

B. Concessionaire agrees to place on the Premises any advertising that the

State approves under this program. Any advertising approved by the State under this program will be

C. Concessionaire agrees to rent or sell, along with all other items of inventory, any item of merchandise that the State approves under this program, provided that Concessionaire is authorized to sell or rent it under the terms of the

Contract, and the Concessionaire receives reasonable compensation for its sale.

21. MODIFICATIONS, ADDITIONS, TITLE TO IMPROVEMENTS

In the event that Concessionaire desires to make modifications, improvements, or additions to the Premises or any part of the Premises, including changes to structural design, required accessibility barrier removal work, landscape design, or interior or exterior fixtures, design, and/or furnishings, (collectively Alteration(s)), the approval in writing of State shall be obtained prior to the commencement of any Alterations. State shall dictate the plan approval process.

Once any Alteration has been approved by State and the work has begun, Concessionaire shall, with reasonable diligence, pursue to completion all approved

Alterations. All work shall be performed in a good and workmanlike manner, shall substantially comply with plans and specifications submitted to State as required herein, Camp Trailer Rental Services Oceano Dunes SVRA and Pismo State Beach and shall comply with all applicable governmental permits, laws, ordinances, and regulations. It shall be the responsibility of Concessionaire, at its own cost and expense, to obtain all licenses, permits, and other approvals necessary for the construction of approved Alterations.

Title to all Alterations and improvements existing or hereafter erected on the

Premises, regardless of who constructs such improvements, shall immediately become

State's property and, at the end of the Term, shall remain on the Premises without compensation to Concessionaire. Concessionaire agrees never to assail, contest, or resist title to the Alterations and improvements. The foregoing notwithstanding, State may elect, by notice to Concessionaire, that Concessionaire must remove any

Alterations that are peculiar to Concessionaire's use of the Premises and are not normally required or used by State and/or future occupants of the Premises. In this event, Concessionaire shall bear the cost of restoring the Premises to its condition prior to the installment of the Alterations.

22. BONDS

A. All bonds required under this Contract must be in a form satisfactory to

State, issued by a corporate surety licensed to transact surety business in the

State of California.

B. Performance Bond: Concessionaire, at Concessionaire's own cost and expense, agrees to obtain and deliver to State, prior to the commencement date of this Contract and prior to entering the Premises, and shall maintain in force throughout the term of this Contract, a valid Performance Bond (which shall be renewed annually) in the sum of one-year minimum annual rent as bid, payable to the State. This bond shall ensure faithful performance by Concessionaire of all the covenants, terms, and conditions of this Contract inclusive of, but not restricted to, the payment of all rentals, fees, and charges and prompt performance of and/or payment for all maintenance obligations. In lieu of a bond, the Concessionaire may substitute another financial instrument (such as a

Cashi Irrevocable Standby Letter of Credit, Camp Trailer Rental Services Oceano Dunes SVRA and Pismo State Beach

Money Market Account, or a Standby Letter of Credit), which must be sufficiently secure and acceptable to State. At least thirty (30) days prior to the expiration or termination of said bond or acceptable financial instrument, a signed endorsement or certificate showing that said bond or financial instrument has been renewed or extended shall be filed with the State. Within fifteen (15) days furnish State with a signed and complete copy of the valid bond or financial instrument.

C. Concessionaire acknowledges that allowing the Performance Bond or other security instrument(s) to expire or otherwise terminate and/or allowing the total secured amount to fall below the security required herein will cause State to incur costs and significant risks not contemplated by this Contract, the exact amount of which will be difficult to ascertain. These costs include, but are not limited to, administrative costs and other expenses necessary to ensure continued performance of services for the public and protection of the Premises.

Accordingly, if Concessionaire allows the Performance Bond or other security instrument to expire or otherwise terminate and/or allows the total secured amount to fall below the security required pursuant to this Contract, Concessionaire shall pay to State an amount equal to five percent (5%) of the required security or five hundred dollars ($500), whichever is greater. The parties agree that this charge represents a fair and reasonable estimate of the costs State will incur. Acceptance of this charge by State shall not constitute a waiver of Concessionaire's default, nor prevent State from exercising the other rights and remedies available to it under this Contract or applicable law, including the right to terminate this Contract and seek the payment of damages.

23. INSURANCE

A. General Provisions

1) Coverage Term Coverage needs to be in force for the complete term of the contract. If insurance expires during the term of the contract, a new certificate must be received by the State at least ten (10) days prior to

Camp Trailer Rental Services Oceano Dunes SVRA and Pismo State Beach the expiration of this insurance. Any new insurance must still comply with the original terms of the contract.

2) Policy Cancellation or Termination & Notice of Non-Renewal

Concessionaire and/or Permittee is responsible to notify the State within five (5) business days before the effective date of any cancellation, non-renewal, or material change that affects required insurance coverage. In the event Concessionaire fails to keep in effect at all times the specified insurance coverage, the State may, in addition to any other remedies it may have, terminate this Contract upon the occurrence of such event, subject to the provisions of this Contract.

3) Deductible Concessionaire is responsible for any deductible or self-insured retention contained within their insurance program.

4) Primary Clause Any required insurance contained in this contract shall be primary, and not excess or contributory, to any other insurance carried by the State.

5) Insurance Carrier Required Rating All insurance companies must carry a rating acceptable to the Office of Risk and Insurance Management.

If the Concessionaire is self-insured for a portion or all of its insurance, review of financial information including a letter of credit may be required.

6) Endorsements Any required endorsements requested by the

State must be physically attached to all requested certificates of insurance and not substituted by referring to such coverage on the certificate of insurance.

7) Inadequate Insurance Inadequate or lack of insurance does not negate the obligations under the contract.

8) Satisfying a Self Insured Retention (SIR) - All insurance required by this contract must allow the State to pay and/or act as the

Concessionaire SIR. The choice to pay and/or act as the Concessionaire discretion.

Camp Trailer Rental Services Oceano Dunes SVRA and Pismo State Beach

9) Available Coverages/Limits - All coverage and limits available to the

Concessionaire shall also be available and applicable to the State.

10) Subconcessionaires - In the case of utilization of subconcessionaires to complete the contracted scope of work, Concessionaire shall include all subconcessionaire

Concessionaire insurance or supply evidence of insurance to the State equal to policies, coverages and limits required of Concessionaire.

11) Insurance Certificate - Concessionaire…