Glen Helen Ground Lease Development RFP - 9.24.2026.pdf

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GROUND LEASE DEVELOPMENT OUTDOOR RECREATION & ENTERTAINMENT AT GLEN HELEN REGIONAL PARK
Solicitation number
RESD127-RES-6522
Issued by
California

About this file

This is a Request for Proposal (RFP) issued by the San Bernardino County Regional Parks Department for ground lease development of approximately three acres at Glen Helen Regional Park in San Bernardino, California. The County seeks qualified proposers to design, develop, construct, and operate an outdoor recreation and entertainment facility on the vacant premises. Proposers must submit comprehensive proposals addressing development concepts, operational plans, financial capability, and management strategies. Voluntary site walks are scheduled for October 1-8, 2026 (business days by appointment), with RSVPs required three business days prior. The deadline for written questions is October 22, 2026 at 5:00 PM PDT, and the proposal submission deadline is November 16, 2026 at 5:00 PM PST, with tentative selection scheduled for January 2027. All proposals must be submitted electronically through the County's ePro system and in paper format. The initial lease term is for a maximum of ten years beginning upon execution of the lease agreement, with the County considering options to extend beyond this initial term based on performance and negotiations.

Proposers must demonstrate substantial financial capability through independently audited financial statements, annual reports for the previous two years, detailed funding source documentation, and three-year financial pro formas projecting gross revenue and operating costs. The selected contractor shall be responsible for all costs associated with design, engineering, construction, permitting, insurance, licensing, utilities, maintenance, and day-to-day operations at its sole expense. Proposers must pay a minimum annual or monthly lease fee based on an appraised fair market value of the property and propose ground rent and percentage of gross income with supporting financial documentation. The evaluation process weighs qualifications and experience (20 percent), financial review (20 percent), technical review (30 percent), proposed revenue (15 percent), references (5 percent), and interview/presentation (10 percent). Proposers must have a minimum of five years of experience developing and operating comparable facilities and must provide evidence of creditworthiness including a current credit report with FICO score. All proposals must include comprehensive insurance requirements, environmental liability insurance with $5,000,000 per claim limits, and compliance with prevailing wage laws for applicable public works projects.

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Rev. 3/2026- Services

Request for Proposal No. RESD127-RES-6522

GLEN HELEN REGIONAL PARK

GROUND LEASE DEVELOPMENT

OUTDOOR RECREATION & ENTERTAINMENT

San Bernardino County Real Estate Services Department 385 N. Arrowhead Ave, 3rd Floor

San Bernardino, CA 92415 September 24, 2026

Regional Parks

Request for Proposal Glen Helen Regional Park

Ground Lease Development

No. RESD127-RES-6522

I. INTRODUCTION

A. Purpose The San Bernardino County Regional Parks Department (County) is seeking Proposals from interested and qualified Proposers for a lease of approximately three (3) acres of vacant land shown in Exhibit A (Premises) at Glen Helen Regional Park (Glen Helen) for the purpose of developing and operating an open recreational and entertainment development concept. Under the lease, the selected Proposer will be responsible, at its sole cost and expense which will include providing at Proposer’s sole cost and expense design, engineering, construction of improvements including parking, all materials, furnishings, fixtures, equipment, sales/service items, management of daily operations, permitting, insurance, licensing, and maintenance of the premises and concession. Proposals must contain specific information about the development and concession concept being proposed, operations, and the Proposer’s plan to meet all lease and operational responsibilities.

B. RFP Contact

Proposals must be submitted electronically through the County Electronic Procurement Network (ePro), All Proposers must register with the ePro system prior to the date and time to submit the proposal or they will be disqualified. Correspondence and questions (not bid questions) must be submitted to the person identified below (RFP Contact):

San Bernardino County Real Estate Services Department Attn: Brian Reed 385 N. Arrowhead Ave, 3rd Floor San Bernardino, CA 92415

(909) 531-2674 Phone Email brian.reed@res.sbcounty.gov

E-mail address may only be used to submit questions (not bid questions). Proposals will not be accepted by email.

C. Reserved

D. Contract Term The Lease period will be for a maximum of ten (10) years beginning upon successful execution of a Lease Agreement and subject to the provisions as described under Section V, Scope of Work. The County will consider options to extend beyond this initial term based on performance and negotiations.

E. Location of Improvements and Services The location of the Premises, approximately 3 acres, is at Glen Helen Regional Park, as further specified in Exhibit A. The selected lessee shall, at its sole cost and expense, construct, any required improvements and shall be responsible for providing management, and maintenance of those constructed improvements on the Premises.

F. Assistance to Proposers with a Disability

Proposers with a disability may request accommodation regarding the means of communicating this RFP or participating in the procurement process. For more information, contact the RFP Contact no later than ten (10) days prior to the Deadline for Proposals.

mailto:brian.reed@res.sbcounty.gov

Request for Proposal Glen Helen Regional Park

Ground Lease Development

II. PROPOSAL TIMELINE

Release of RFP September 24, 2026, 10:00 AM PDT Voluntary Park Site Walk October 1-8, 2026 (business days by appointment) Deadline for Submission of Questions October 22, 2026, 5:00 PM PDT Deadline for Proposals November 16, 2026, 5:00 PM PST Date for Tentative Selection January 2027

Park Site Walk:

October 1, 2026 through October 8, 2026, business days by appointment Glen Helen Regional Park Meadowlark Shelter 2555 Glen Helen Parkway San Bernardino, CA 92407

Attendance at the site walk is voluntary. Please RSVP three business days prior to schedule a site walk by emailing Brian Reed to brian.reed@res.sbcounty.gov and Valeda Fox to vfox@parks.sbcounty.gov.

Voluntary site walk will be located at the South parking entrance to the Amphitheater before walking the Premises near 2575 Glen Helen Parkway in San Bernardino. Please let the front gate know you are there for the site walk for free park entry.

Questions regarding the contents of this RFP must be submitted in writing in ePro on or before the Deadline for Submission of Questions. All questions will be answered, and both the question and answer will be posted as an Addendum to the RFP in ePro.

III. DEFINITIONS

Capitalized terms used in this RFP shall have the meanings given to them in the RFP and as defined below:

Board: The San Bernardino County Board of Supervisors.

Contract/Lease: The Contract or Ground Lease between the County and the Proposer resulting from the award issued pursuant to this RFP to the successful Proposer.

Contractor: Any individual, company, firm, corporation, partnership or other organization to whom a contract award is made by the County.

Facilitator: A County Purchasing Department buyer or designated individual tasked with managing the processes of the evaluation panel.

Proposal: The offer to enter into a lease and provide specific goods and services at specified prices and/or other conditions specified in the RFP.

Purchasing Agent: The Director of the County Purchasing Department.

Request for Proposal (RFP): The request for an offer from Proposers interested in providing the identified services and requesting to lease property owned by the County. The RFP specifies the evaluation factors to be used and contains or incorporates by reference contractual terms and conditions applicable to the procurement.

Services: The requested services described in this RFP.

mailto:brian.reed@res.sbcounty.gov mailto:vfox@parks.sbcounty.gov

Request for Proposal Glen Helen Regional Park

Ground Lease Development

Subcontractor: An individual, company, firm, corporation, partnership or other organization, not in the employment of or owned by Contractor who is performing services on behalf of Contractor under the Contract or under a separate contract with or on behalf of Contractor.

Proposer-Contractor: During the RFP process, the Vendor community is notified of an RFP. When a business or individual submits a proposal, it is then a Proposer. When a Proposer is selected for an award, the terminology most often used is Contractor.

IV. PROPOSAL CONDITIONS

A. Authorized Signatures

All proposals must be signed by an individual authorized to bind the Proposer to the provisions of the

RFP.

B. Term of Offer

Proposals shall remain open, valid and subject to acceptance anytime within nine (9) months after the Proposal submission.

C. Required Review Proposers should carefully review this RFP for defects and questionable or objectionable material.

Comments from Proposers concerning defects and objectionable material in this RFP must be made in writing and received by the RFP contact prior to the deadline for submission of questions identified in Section II or at least ten (10) calendar days before the Deadline for Proposals (whichever occurs last).

This will allow issuance of any necessary amendments or addendums to the RFP. It will also help prevent the opening of a defective RFP and exposure of Proposals upon which an award could not be made.

Protests based on any omission or error, or on the content of this RFP, may be disallowed if not submitted in writing to the attention of the RFP Contact, prior to the deadline for submission of questions identified in Section II or at least ten (10) calendar days before the Deadline for Proposals (whichever occurs last).

D. Incurred Costs

The County is not obligated to pay any costs incurred by Proposer in the preparation of a Proposal in response to this RFP. Proposers agree that all costs incurred in developing a Proposal are the Proposer’s responsibility.

E. Amendments/Addendums to RFP The County reserves the right to issue amendments or addendums to this RFP if the County considers that changes are necessary or additional information is needed.

Changes to a Proposal or withdrawal of a Proposal will only be allowed if a request is received prior to the Deadline for Proposals. No amendments or withdrawals will be accepted after the Deadline for Proposals.

F. Best Value Evaluation As established in this RFP, the County realizes that criteria other than price are important and will award contract(s) based on the Proposal that best meets the needs of the County. The County seeks the optimal combination of quality, revenue, and various qualitative elements of the required Services that will provide the County the greatest or best value for its money.

G. Right of Rejection Offers must comply with all of the terms of the RFP, and all applicable local, state, and federal laws, codes, and regulations. The County may reject as non-responsive any Proposal that does not comply with all of the material and substantial terms, conditions, and performance requirements of the RFP.

Further, the County may reject a proposal from any entity that is a parent, affiliate, or subsidiary, or that

Request for Proposal Glen Helen Regional Park

Ground Lease Development is under common ownership, control, or management with any other entity submitting a Proposal in response to this RFP.

A Proposer may not qualify the Proposal nor restrict the rights of the County. If Proposer does so, the Proposal may be determined to be a non-responsive counter-offer and the Proposal may be rejected.

No Proposal shall be rejected, however, if it contains a minor irregularity, defect or variation. If the irregularity, defect or variation is considered by the County to be immaterial or inconsequential, the County may choose to accept the Proposal.

Minor irregularities may be waived by the Purchasing Agent when they are any of the following:

1. Do not affect responsiveness;

2. Are merely a matter of form or format;

3. Do not change the relative standing or otherwise prejudice other offers;

4. Do not change the meaning or scope of the RFP;

5. Are trivial, negligible, or immaterial in nature;

6. Do not reflect a material change in the work; or

7. Do not constitute a substantial reservation against a requirement or provision.

In such cases the Proposer will be notified of the deficiency in the Proposal and given an opportunity to correct the irregularity, defect or variation or the County may elect to waive the deficiency and accept the Proposal. The decision to provide a waiver shall in no way modify or compromise the overall purpose of the submittal, nor excuse the Proposer from compliance with all requirements if awarded a Contract.

This RFP does not commit the County to award a contract. The County reserves the right to reject any or all Proposals if it is in the best interest of the County to do so. The County also reserves the right to terminate this RFP process at any time.

H. Reserved

I. Clarification of Offers

In order to determine if a Proposal is reasonably susceptible for award, communications by the Facilitator for the evaluation panel are permitted with a Proposer to clarify uncertainties or eliminate confusion concerning the contents of a Proposal. Clarifications may not result in a material or substantive change to the Proposal. The evaluation by the panel may be adjusted as a result of a clarification under this section.

J. Public Records Act All Proposals and other material submitted become the property of the County and are subject to release according to the California Public Records Act (Government Code § 7920.000). All Proposal information, including cost information, will be held in confidence during the evaluation and negotiation process.

Thereafter, Proposals are subject to becoming a non-exempt public record.

If a Proposer believes that any portion of its Proposal is exempt from public disclosure, it must indicate the specific portions believed to be confidential and not subject to disclosure on Attachment I - Public Records Act Exemptions. The Proposer also must include a brief description that sets out the reasons for exemption from disclosure. Each stated exemption must include a citation to supporting legal authority, including statutory authority or case law, to support exemption from the Public Records Act. Requested exemptions that do not meet the requirements of this section will not be considered.

The County will use reasonable means to ensure that such information is safeguarded, but will not be held liable for inadvertent disclosure of the information. Proposals marked “Confidential” in their entirety will not be honored, and the County might not deny public disclosure of any portion of Proposals so marked.

Request for Proposal Glen Helen Regional Park

Ground Lease Development

By submitting a Proposal with portions identified in Attachment I as “Confidential,” Proposer represents that it has a good faith belief that such portions are exempt from disclosure under the California Public Records Act. Proposer may be requested to obtain legal protection from disclosure should a Public Records Act request be received. In the event the County does not disclose the information marked “Confidential,” Proposer agrees to reimburse the County for, and to indemnify, defend (with counsel approved by County) and hold harmless the County, its officers, employees, agents, and volunteers from and against any and all claims, damages, losses, liabilities, suits, judgments, fines, penalties, costs and expenses, including without limitation, attorneys’ fees, expenses and court costs of any nature arising from or relating to the County’s non-disclosure of any such designated portions of a Proposal.

K. Employment of Former County Officials Information must be provided in Attachment G regarding former County Administrative Officials (as defined below) who are employed by or represent Proposer. The information provided must include a list of former County Administrative Officials who terminated County employment within the last five years and who are now officers, principals, partners, associates or members of Proposer and should also include the employment and/or representative capacity and the dates these individuals began employment with or representation of Proposer. For purposes of this section, “County Administrative Official” is defined as a member of the Board of Supervisors or such member’s staff, Chief Executive Officer or member of such officer’s staff, County department or group head, assistant department or group head, or any employee in the Exempt Group, Management Unit or Safety Management Unit.

Failure to provide this information may result in the Proposal being deemed non-responsive.

L. Contracting Act of 2010 In accordance with Public Contract Code section 2204(a), the Proposer certifies upon submission that the Proposer signing the Proposal is not identified on a list created pursuant to subdivision (b) of Public Contract Code section 2203 (https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement- Division-Resources-List-Folder/List-of-Ineligible-Businesses)as a person (as defined in Public Contract Code section 2202(e)) engaging in investment activities in Iran described in subdivision (a) of Public Contract Code section 2202.5, or as a person described in subdivision (b) of Public Contract Code section 2202.5, as applicable.

Proposers are cautioned that making a false certification may subject the Proposer to civil penalties, termination of an existing contract, and ineligibility to bid on a contract for a period of three (3) years in accordance with Public Contract Code section 2205. Proposer agrees that signing the Proposal shall constitute signature of this Certification.

M. Disclosure of Criminal and Civil Proceedings The County reserves the right to request the information described herein from the Proposer selected for Contract award. Failure to provide the information may result in a disqualification from the selection process and no award of Contract to the Proposer. The County also reserves the right to obtain the requested information by way of a background check performed by an investigative firm. The selected Proposer may also be asked to provide information to clarify initial responses. Negative information provided or discovered may result in disqualification from the selection process and no award of Contract.

The selected Proposer may be asked whether the firm, or any of its partners, principals, members, associates or key employees (as that term is defined herein), within the last ten years, has been indicted on or had charges brought against it or them (if still pending) or convicted of any crime or offense arising directly or indirectly from the conduct of the firm’s business, or whether the firm, or any of it partners, principals, members, associates or key employees, has within the last ten years, been indicted on or had charges brought against it or them (if still pending) or convicted of any crime or offense involving financial misconduct or fraud. If the response is affirmative, the Proposer will be asked to describe any such indictments or charges (and the status thereof), convictions and the surrounding circumstances in detail.

https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/List-of-Ineligible-Businesses https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/List-of-Ineligible-Businesses

Request for Proposal Glen Helen Regional Park

Ground Lease Development

In addition, the selected Proposer may also be asked to disclose whether the firm, or any of its partners, principals, members, associates or key employees, within the last ten years, has been the subject of legal proceedings as defined herein arising directly from the provision of services by the firm or those individuals. “Legal proceedings” means any civil actions filed in a court of competent jurisdiction, or any matters filed by an administrative or regulatory body with jurisdiction over the firm or the individuals. If the response is affirmative, the Proposer will be asked to describe any such legal proceedings (and the status and disposition thereof) and the surrounding circumstances in detail.

For purposes of this provision “key employees” includes any individuals providing direct service to the County. “Key employees” do not include clerical personnel providing service at the firm’s offices or locations.

N. Debarment and Suspension; California Secretary of State Business Entity Registration.

Proposer certifies in Attachment D that neither it nor its principals or subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. (See Attachment D and the following United States General Services Administration’s System for Award Management website https://www.sam.gov). Proposer also certifies in Attachment D that if it or any of the subcontractors listed in the Proposal are business entities that must be registered with the California Secretary of State, they are registered and in good standing with the Secretary of State.

O. Unsatisfactory Performance Proposer affirms that it has no record of unsatisfactory performance with the County in the twenty-four

(24) month period immediately preceding the date of issuance of this RFP.

P. Final Authority The final authority to award a contract(s) as a result of this RFP rests solely with the County Board of Supervisors, or as delegated by the Board of Supervisors.

Q. Department of Industrial Relations Registration Proposer must be registered with the Department of Industrial Relations as required by Senate Bill 854 (Chapter 28, Statutes of 2014) and Senate Bill 96 (Chapter 28, Statutes of 2017) to work on public works contracts as defined under the Labor Code.

V. SCOPE OF WORK

A. BACKGROUND INFORMATION

The San Bernardino County (County) Board of Supervisors seeks to create a County in which those who reside and invest can prosper and achieve well-being.

Glen Helen Regional Park, located at the base of the chaparral-covered hills of the Cajon Pass, offers 1,340 acres of diverse recreational activities with scenic views of the San Gabriel and San Bernardino Mountains. The park features two fishing lakes, a swim complex with a pool, three water slides, a splash pad, and large group picnic shelters accommodating up to 300 people, perfect for company picnics, family gatherings, or group events. Shady picnic areas with stunning views, wide open spaces for field games, and modern playground equipment provide fun for all ages. The park is also home to the Glen Helen Amphitheater, a 65,000-seat outdoor concert venue, the Glen Helen Raceway for off-highway competitive events, and the annual Sheriff’s Rodeo.

REGIONAL PARKS DEPARTMENT MISSION:

https://www.sam.gov/

Request for Proposal Glen Helen Regional Park

Ground Lease Development

The mission of Regional Parks Department is dedicated to providing County residents and visitors with opportunities to host and participate in innovative and diversified recreational and educational events, while protecting the County’s natural, cultural, historical, and land resources. The Department continues to improve and ensure the availability and integrity of open space activities for all ages and communities.

B. PROJECT DESCRIPTION

1. The County is seeking proposals to establish a contractual relationship whereby the Contractor, at its sole cost and expense, will design, develop, construct, implement, and manage the day-to-day operations of a new revenue generating outdoor recreation and entertainment park facility at Glen Helen Regional Park. Contractor will agree to pay a minimum annual or monthly lease fee. The minimum amount of this lease fee will be subject to an appraised fair market value of the property.

2. Requirements: The Contractor, at a minimum, will be responsible for the following items:

a. Managing the day-to-day operation of the developed area on the Premises.

b. Maintain hours of operation for the contracted Park area as follows:

i. Park Areas shall be in operation year-round.

c. Pay all costs associated with the maintenance and repair of all contracted facilities, amenities, and equipment used in the day-to-day operation of the contracted Park area.

Core maintenance tasks are defined below however, additional tasks may be added during negotiations:

i. Trash pick-up and disposal

ii. Maintenance and repairs to all facilities and amenities

• Including all Fixtures, Furniture, and Equipment

iii. Mowing and landscaping

iv. Concrete/Sidewalk repair

d. Pay all utility costs including installation of telephone, internet, solid waste, metered electrical, gas, water and sewer.

e. All local, county, and federal licenses, permits, fees and insurance required for all development, construction, and day-to-day operations outlined in this RFP and to maintain, if applicable.

f. Contractor must develop a plan to promote the developed Premises use and activities.

g. Provide Point of Sale system for all transactions.

3. Financial Accountability: Additionally, proposers must present evidence that they are capable of operating with financial accountability. Provide Proposer’s Annual Report for the previous two years.

Proposer must also include independently audited financial statements for the most recent completed fiscal year. If audited financial statements are not available, please provide un-audited financial statements along with a certification from the Proposer’s accountant that the information accurately reflects the Proposer’s current financial status. If the Proposer is a sole proprietorship, please provide Schedule C of the Internal Revenue Service forms as well as a certification from the owner and the accountant that the information accurately reflects the Proposer’s current financial status.

4. Improvements

a. Subject to the terms of the Lease, Lessee shall construct all necessary improvements for a Development Concept subject to any governmental approvals.

b. After Lessee has obtained all necessary governmental approvals for the construction of the Development Concept, Contractor shall commence and diligently proceed with construction in accordance with an established construction schedule provided that Contractor shall have first (i) provided County with not less than ten (10) days' written notice prior to the commencement of any construction activities; (ii) provided County with a copy of all governmental approvals received for the construction; and (iii) provided County with a copy of all certificates of insurance for Contractor and its subcontractors

Request for Proposal Glen Helen Regional Park

Ground Lease Development performing work. County may post a Notice of Non-Responsibility as provided by applicable laws. The improvements to be constructed on behalf of Contractor shall be completed in: (a) substantial conformance with approved plans and specifications, (b) a good and workmanlike manner and consistent with the current industry standards by licensed and insured contractors and subcontractors; and (c) conformity with all applicable laws. County makes no representation with respect to the applicability of prevailing wages.

In the event, Contractor contracts for the construction of any portion of the improvements, Contractor shall comply with, to the extent applicable, the California Public Contracts Code section 22000 through 22045 regarding bidding procedures and Labor Code section

1720.2 and 1170 et seq. regarding the payment of prevailing wages.

VI. PROPOSAL SUBMISSION

A. General

1. All interested and qualified Proposers are invited to submit a Proposal for consideration. Submission of a Proposal indicates that the Proposer has read and understands the entire RFP, including all appendixes, attachments, exhibits, schedules, and addenda (as applicable) and that all concerns regarding the RFP have been resolved.

2. Proposals must be received by the designated date and time. All Proposers must register with the ePro system prior to the date and time to receive the proposal or they will be disqualified.

Late or incomplete proposals will not be accepted. Electronic response must be submitted through the San Bernardino County Electronic Procurement Network (ePro) https://epro.sbcounty.gov/bso/view/login/login.xhtml. System-related issues in ePro shall be directed to the Purchasing Department at (909) 387-2060. For procurement questions involving ePro, please contact the RFP Contact identified in Section I, Paragraph B - RFP Contact.

3. The Proposer acknowledges that its electronic signature is legally binding. Submittals in ePro will be opened from the system’s encrypted lock box after the deadline and evaluated as stated in this RFP.

4. Paper responses must be submitted in addition to electronic submission, by mail or in person to the RFP Contact and will be time/date stamped when received. Proposals can be withdrawn at any time prior to the scheduled Deadline for Proposals.

Hand carried Proposals may be delivered to the RFP Contact between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding holidays observed by the County. Proposers are responsible for informing any commercial delivery service, if used, of all delivery requirements, and for ensuring that the address information appears on the outer wrapper or envelope used by such service.

5. Proposals must be submitted in the format described below. Proposals are to be prepared in such a way as to provide a straightforward, concise description of capabilities to satisfy the requirements of this RFP.

6. Proposals must be completed in all respects as required in this section. A Proposal may not be considered if it is conditional or incomplete.

B. Proposal Format Responses to this RFP must be in the form of a Proposal package, which must be submitted in the following format:

1. Presentation https://epro.sbcounty.gov/bso/view/login/login.xhtml

Request for Proposal Glen Helen Regional Park

Ground Lease Development

Format the Proposal to fit on an 8-½ x 11 sheet of paper with margins of at least ¾ inches. Text should be single spaced and font size should be no smaller than 11 point. Each page, including attachments, must be clearly and consecutively numbered.

2. Cover Page Use Attachment A as the cover page.

This form must be fully completed and signed by an authorized officer of the Proposer.

3. Table of Contents All pages of the Proposal, including the enclosures, must be clearly and consecutively numbered and correspond to the Table of Contents.

4. Statement of Certification

Include the following on Attachment B:

a. A statement that the offer made in the Proposal is firm and binding for nine (9) months from the

Deadline for Proposals.

b. A statement that all aspects of the Proposal, including cost, have been determined independently, without consultation with any other Proposer (competitor) for the purpose of restricting competition.

c. A statement that all declarations in the Proposal and attachments are true and that this shall constitute a warranty, the falsity of which will entitle the County to pursue any remedy by law.

d. A statement that the Proposer agrees that all aspects of the RFP and the Proposal submitted shall be binding if the Proposal is selected and a Contract awarded.

e. A statement that the Proposer agrees to provide the County with any other information the County determines is necessary for an accurate determination of the Proposer’s ability to perform the Services as proposed.

f. A statement that the Proposer, if selected will comply with all applicable rules, laws and regulations.

g. A statement that the Proposer has reviewed the RFP and General Contract Terms in their entirety and have no exceptions to any requirements, terms or conditions, except as noted in Attachment H.

5. Statement of Experience and Qualifications Include the following in this section of the Proposal:

a. Business name of the Proposer and type of legal entity such as corporation, partnership, etc. If Proposer is a business entity that must be registered with the California Secretary of State, Proposer shall provide the County the entity number assigned to it by the Secretary of State.

b. Number of years the Proposer has been in business under the present business name, as well as related prior business names.

c. Statement that the Proposer does not have any commitments or potential commitments that may impact the Proposer’s ability to perform the Contract, if awarded.

6. Licenses, Permits, and/or Certifications Provide copies of all licenses, permits and/or certifications in Attachment C as required under Section X. TERMS AND CONDITIONS Paragraph A, 22.

7. Financials The responsibility and cost of entitling, developing, managing, and operating the Proposed Project and Use is the sole responsibility of the Lessee. Proposers must present evidence satisfactory to the County demonstrating their ability to develop, construct, operate and maintain Proposed Project

Request for Proposal Glen Helen Regional Park

Ground Lease Development operations as proposed in each proposal. The proposer’s statement of financial capability must include the source of funding and detailed information including:

Ability to Finance: Identify and describe the specific source(s) of funding that the business proposes to use to undertake the project as proposed and will need to include a surety bond guarantee. If funds are to be used from outside sources (i.e., parent company, third party, LLC partners, etc.), provide documentation, such as a recent bank statement, balance sheet, income statement, and/or other supporting documents, to demonstrate that funds are available to fund this project. In addition, 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 County.

Business Financial Statement: Use the Business Financial Statement to describe the current and true condition of the business’ assets, liabilities, and net worth. Round figures to the nearest dollar. If the business is a partnership or joint venture, each general partner or joint venturer must individually submit a Business Financial Statement. Proposer may provide copies of forms filed with the Internal Revenue Service, where applicable. Provide Proposer’s Annual Report for the previous two years.

The proposer must also include independently audited financial statements for the most recent completed fiscal year. If audited financial statements are not available, please provide un-audited financial statements along with a certification from the Proposer’s accountant that the information accurately reflects the Proposer’s current financial status. If the Proposer is a sole proprietorship, please provide Schedule C of the Internal Revenue Service forms as well as a certification from the owner and the accountant that the information accurately reflects the Proposer’s current financial status.

Financial / Project Proforma: Provide a three-year Pro Forma identifying projected annual gross revenue and anticipated operating costs. The proposed Ground Rent and percentage of gross income shall be supported by the financial assumptions identified within the Financial/Project Pro Forma.

Ground Rent and estimated additional revenue to County with supporting documentation Proposer would like to propose. Including proposed additional credit enhancements such as Guarantee of Lease and/or Letter of Credit.

Credit Worthiness: Proposers must present evidence of credit worthiness. At a minimum, evidence should include a credit report issued by a nationally recognized credit bureau within 60 days of the proposal due date and include the Fair Isaac Corporation (FICO) score. Any derogatory information listed on said reports must be explained. Below average FICO scores, outstanding debts, delinquent payment history on current contracts, and any other derogatory information may disqualify a proposal.

8. Project Team Organization Chart This section must be completed by each individual, partner, and member of joint ventures; CEO, officers, and holders of 25% or more of the company’s shares for corporations; 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.

Experience:

Provide the following information, as applicable:

• Describe the development entity responding to this RFP.

• Identify (name, address) each principal in the development team.

• Identify key team members (environmental consultants, architect, engineer, legal representative, marketing representatives, contractors, and pertinent consultants).

Request for Proposal Glen Helen Regional Park

Ground Lease Development

• Complete and include the attached (Attachment “G”) “List of Former County Officials”.

• Respondent must have a minimum of five (5) years of experience and provide expertise in developing, managing, and operating the use(s) proposed.

• Provide information on any projects previously or pending foreclosure or having failed to meet real estate loan obligations in the past 10 years.

• Demonstrate development experience in the proposed Concept Plan including experience of principals and team members in constructing and managing the end product:

o List projects developed & timeline to completion.

o Include photographs, site plans to illustrate project complexity and quality.

o Team members of those projects.

o Current status of those projects.

• Evidence of financial capability to complete Concept Plan:

o Recent examples of financing and construction of comparable size and quality products.

o Current Financial Statements of principals.

o Lender and/or equity financial references.

o Any references from public agencies.

*The desired proposal will include a combination of several, if not all, of these experience qualifications.

Proposer(s) with less than the required five (5) years of experience will be disqualified.

Provide a narrative describing in detail the duration, extent, and quality of the proposer’s education and business experience with special emphasis on the experience and qualifications related to the subject development and operations management. Be specific with respect to the type and dates of experience, the proposer’s role in the management and specific duties, type and size of operation, quality of operation, public agency involvement, contractual relationships, and other factors that demonstrate an ability to successfully operate the proposed developed project. Attach additional information as needed.

Provide an organization chart illustrating the project team, and clearly show the organization of the team and the hierarchy of the members. It must include:

a. Organizational framework for the proposed project team.

b. Company name and staff name for each role identified in the chart.

c. Resumes of key personnel, including qualifications, education, and project experience.

9. Proposal Description

The Proposal should include the following:

• Method of Developing (Self-develop, Third Party, or other)

• Proposed Use and Development Concept o List of services with detailed descriptions.

o Facilities required for services.

• Visual representations of the proposed Development Concept, including:

o Site Plan o Rendering

• Development Concept that will:

Request for Proposal Glen Helen Regional Park

Ground Lease Development o Maximize the return to the Property.

o Ensure all public rights of way are improved to standards and integrate all access and safety requirements.

o Strengthen the quality of life for the immediate community.

o Be developed and operated in a manner that is compatible with the adjacent residential community through thoughtful site design, operational considerations, and appropriate visual and noise buffering.

• Timeline / Phasing Plan o Identification of factors that may accelerate/delay timeline.

o Alternative/contingency development options.

• Proposal and Lease requirements:

o Provide Concept Plan including:

• Proposed primary lease term (Term).

o Proposed lease option(s) to extend the Term.

o Proposed Security Deposit.

• Proposed Premises o Number of acres for proposed development.

o Location of proposed development.

o Considerations regarding potential relocation of project area.

• Draft Exhibits of site plan and suggested elevations.

• Architectural theme.

• Public Rights of Way.

• Open space/landscaped area(s).

o Provide market feasibility study substantiating proposed uses.

o Include a detailed Management Plan outlining staffing levels, training programs, and customer service protocols.

o Present a detailed minimum lease fee, including proposed annual ground rent and proposed percentage of gross income. Additionally, include an estimate of anticipated annual gross revenue (Attachment E).

o Marketing plan

• Provide a comprehensive Marketing Plan detailing strategies to attract and retain customers. A brief synopsis of the Proposer’s understanding of the County’s needs and how the Proposer plans to meet them.

10. Work Plan and Schedule

Include the following:

a. Summary of management/work plan for this Project.

b. Project schedule with projected total costs summary to include:

• Environmental Clearance.

• Phase I/Phase II as needed.

• Off-Site Improvements required/estimated costs.

• Construction timeline.

• Engineering

• Site Development Costs include mapping and permits.

• Lease-up costs and timeline; include current and projected market activity.

• Marketing program to manage finished product.

• Value of County Property as is, and as improved with proposed development, with supporting documentation.

• Estimated rate of return on Project.

c. A detailed Business Plan that identifies the Proposer’s plan. This plan will be updated and submitted at the conclusion of the seventh year to cover the remaining years of the Lease.

Request for Proposal Glen Helen Regional Park

Ground Lease Development

d. A detailed Development Plan that identifies Proposer’s plan. This plan must address capital improvements and deferred maintenance projects, include a timeline, and be updated and submitted at the conclusion of the fifth year to cover the remaining years of the Lease.

11. Certification Regarding Debarment or Suspension

Complete Attachment D

12. Cost Complete proposed pricing on Attachment E.

13. References Financial client, and vendor references are used to confirm information provided by proposers and to evaluate the Proposer’s quality of experience and past performance. Proposers should submit 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 all aspects of their business. Proposers should notify their references in writing that a representative from the County will be contacting them.

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

• Financial References: Include the bank or savings and loan institution.

• 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. Provide three (3) references from other entities, preferably public agencies, of same or similar size as the County, with whom you have established a contract on a project of this nature.

• Provide Contact Name, Address, Phone Number, and dates Services were provided on Attachment F.

14. Former County Officials

Complete Attachment G

15. Exceptions to RFP Complete Attachment H.

16. Public Records Act Exemptions Complete Attachment I – Public Records Act Exemptions if applicable.

17. Indemnification and Insurance Requirements Affidavit

Submit evidence of ability to insure as stated in Section X, Paragraph B – Indemnification and Insurance Requirements. Proposer must complete and submit Attachment J – Indemnification and Insurance Requirements Affidavit, and ensure the form is complete, including the signature from Proposer’s insurance broker/agent.

18. Prevailing Wage Requirements Review Attachment K - Prevailing Wage Requirements.

VII. EVALUATION

Proposals will be subject to an Initial Review to confirm responsiveness, by determining whether each Proposal includes the stipulated content, required certifications or licensing, etc., and is presented in the

Request for Proposal Glen Helen Regional Park

Ground Lease Development required format, in order for the Proposal to advance for evaluation. Any reasonable person reviewing for responsiveness must be able to ascertain that the Proposal meets these requirements.

The evaluation process includes the following categories, and may include additional specific criteria.

Likewise, the listed considerations are possible considerations, and may not be the only factors involved in the evaluation.

A. QUALIFICATIONS AND EXPERIENCE

Weight: 20% Considerations:

• Proposer's experience developing, constructing, managing, and operating recreational, entertainment, or other comparable commercial development projects.

• Qualifications and relevant experience of the proposed project team.

• Demonstrated experience completing projects of similar size, complexity, and quality.

• Experience working with public agencies and applicable governmental approval and permitting processes.

• Demonstrated performance on comparable development projects.

B. FINANCIAL REVIEW

Weight: 20% Considerations:

• Demonstrated financial capacity to finance, develop, construct, operate, and maintain the proposed project.

• Adequacy and reliability of proposed funding sources and financing commitments.

• Financial condition and creditworthiness of the Proposer.

• Reasonableness and feasibility of the Financial/Project Pro Forma.

• Demonstrated ability to finance and successfully complete projects of comparable size and complexity.

C. TECHNICAL REVIEW

Weight: 30% Considerations:

• Overall quality, feasibility, and completeness of the proposed Development Concept. Proposed site plan, project layout, facilities, amenities, architectural theme, landscaping, access, and integration with Glen Helen Regional Park.

• Compatibility of the proposed development and operations with Glen Helen Regional Park and surrounding uses.

• Proposed management and operational approach, including staffing, training, customer service, and maintenance.

• Feasibility of the proposed development schedule, phasing plan, and construction timeline.

• Proposed marketing plan and approach to attracting and retaining customers.

• Proposer's demonstrated understanding of the County's objectives for the Premises.

D. PROPOSED REVENUE

Weight: 15% Considerations:

• Proposed annual minimum ground rent.

• Proposed percentage of gross income.

• Estimated annual gross revenue and resulting potential revenue to the County.

• Reasonableness and financial sustainability of the proposed rent structure based on the

Proposer's Financial/Project Pro Forma.

Request for Proposal Glen Helen Regional Park

Ground Lease Development

• Any proposed credit enhancements, including a Guaranty of Lease and/or Letter of Credit.

E. REFERENCES

Weight: 5% Considerations:

• Successful performance on comparable projects.

• Quality and timeliness of past performance.

• Experience and performance of key team members.

• Ability to fulfill contractual and/or lease obligations.

• Overall satisfaction of references

F. INTERVIEW, PRESENTATION, OR DEMONSTRATION

Weight: 10% Considerations:

• Content conveyed or demonstrated in person to the evaluation panel

• Proposer demonstrated a clear understanding of the County’s needs

• General organization of the presentation or demonstration

• Proposer’s ability to answer questions posed by the County

• Proposer inspired confidence in the project plan or team

The County may, at its sole discretion, create a shortlist of Proposals for further evaluation; require an oral interview, presentation, or demonstration; and utilize outside experts to assist in the evaluation process;

and/or issue a request for Best and Final Offer (BAFO) from one or more Proposers.

The County will establish an evaluation panel with responsibility for reviewing all Proposals and conducting the evaluation. A Facilitator will manage the integrity of the evaluation process and will not be a voting member of the evaluation panel. An initial meeting will be scheduled and held with the evaluation panel members, wherein the Facilitator will distribute all relevant information to the evaluators including the RFP, evaluation criteria , and evaluation instructions.

After the initial meeting, evaluators will independently review and score the Proposals. The evaluation panel will then convene again to discuss the individual scores to resolve questions and to discuss the basis for individual scores, but not for the evaluators to agree upon scoring. At the end of this discussion, each evaluator will be given an option to revise his/her scores.

Evaluators will make independent determinations for scores, including review and understanding of any additional information obtained by the group discussion. In the event a score is revised, the evaluator will, document the new score, and provide comments to support the revision.

If clarifying information is needed at any point, the Facilitator will contact Proposer(s) to obtain the necessary information. The Facilitator will then provide the information to the evaluation panel electronically or verbally, as appropriate.

If the evaluation process includes components such as oral interviews, product demonstration, and/or site visits, the Facilitator will coordinate those with evaluators. Individual scoring and any subsequent evaluation panel meetings with respect to such components must be conducted.

Once all ratings are finalized and documented, the Facilitator will create a final evaluation scoring worksheet.

VIII. NEGOTIATIONS AND NOTICE OF INTENT TO AWARD

Request for Proposal Glen Helen Regional Park

Ground Lease Development

The County may require the potential Proposer(s) selected to participate in negotiations. This may include cost, technical, or other clarifications needed to make a decision.

A. Contract Negotiation

After selection, negotiations may be conducted with the Proposer(s) of the highest-ranked Proposal(s).

Negotiations, if held, shall be within the scope of work in the request for Proposals. If the contract negotiations take place in San Bernardino County, California, the Proposer will be responsible for its travel and per diem expenses of its personnel.

B. Failure to Negotiate

If the selected Proposer:

1. Fails to provide the information required to begin negotiations in a timely manner; or

2. Fails to negotiate in good faith; or

3. Indicates it cannot perform the Contract within the budgeted funds available for the Services; or

4. If the Proposer and the County, after a good faith effort, simply cannot come to terms;

Then the County may terminate negotiations with the Proposer initially selected and commence negotiations with the next highest rated Proposer.

C. Notice of Intent to Award (NOIA) – Proposer Notification of Selection

After the completion of Contract negotiations a written or electronic Notice of Intent to Award (NOIA) and denial letters (or a copy of the NOIA) will be issued to all Proposers. The issuance date of the NOIA is the date the NOIA was delivered by email or into the care of the United States Postal Service for delivery to the Proposer.

D. Review of Financial Performance

As indicated in Section VII, Section B, financial information may be used to evaluate and select the Proposal(s) deemed to be in the County’s best interest. Alternatively, at the County’s sole discretion, the financial performance of the intended Contractor may be assessed prior to Contract award.

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