Historical_Retail_Store_-_RFP_240328.pdf

DocuSign Envelope ID: 6A798185-6F56-44DF-859F-115F7C829DA2

REQUEST FOR PROPOSALS

FOR

Historic-Style Specialty Retail Concession

AT

2613 San Diego Avenue

Old Town San Diego State Historic Park

Opening Date April 5, 2024

Closing Date

June 17, 2024

STATE OF CALIFORNIA – NATURAL RESOURCES AGENCY

DEPARTMENT OF PARKS AND RECREATION

PARTNERSHIPS DIVISION

715 P Street, 13th Floor

SACRAMENTO, CA 95814

RFP #P23CA005

NOTICE OF REQUEST FOR PROPOSALS

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

Concession Name: Historic-Style Specialty Retail

Operation Category & Type Retail

Park Unit: Old Town San Diego State Historic Park

Proposal Closing Time & Date: 2:00 p.m. on June 17, 2024

Proposal Submission Mailing Address (United States Postal Service Only):

California State Parks Attn: Partnerships Division P.O. Box 942896 Sacramento, CA 94296

Contract Term: Ten (10) years

Annual Minimum Rent Bid: Twenty thousand dollars ($20,000) or ten percent (10%) of gross receipts, whichever is greater.

Special Account: FMIA: Two (2%) percent

Proposal Bond (due at time of proposal submission):

$500

Performance Bond (due at time of Contract execution):

Twelve months’ minimum annual rent as bid.

Proposer’s Minimum Years of Relevant Experience:

Five (5) years

Pre-proposal meeting & tour: April 25, 2024, 3:00 – 5:30 p.m.

For more information related to this RFP please contact Megan Boisvert at Megan.Boisvert@parks.ca.gov.

Armando Quintero, Director mailto:Megan.Boisvert@parks.ca.gov

TABLE OF CONTENTS

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

SECTION 1 - PROJECT SUMMARY

1.1 GOAL & OBJECTIVES

Department Mission Park Mission Goal of this Request for Proposals (RFP) Objectives of this RFP Site Description Historical Significance Current Concession Operation

1.3 CONCESSION CONTRACT SUMMARY

SECTION 2 - THE RFP PROCESS

2.1 PROPOSAL PROCESS

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

2.2 EVALUATION PROCESS

Verification of Proposal Information State’s Right to Reject Proposals, Waive Defects and Requirements Supplemental Information Proposal Evaluation Concession Contract Award Board Concession Contract Award Protest of Award

2.3 CONTRACT EXECUTION

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

SECTION 3 - THE PROPOSAL

3.1 INSTRUCTIONS FOR THE CONCESSION PROPOSAL

I. PROPOSER INFORMATION

II. THE PROPOSAL

III. FINANCIAL INFORMATION

IV. CERTIFICATION AND AUTHORIZATION

V. PRIVACY NOTICE

3.2 PROPOSAL EVALUATION CRITERIA

3.3 PROPOSAL EVALUATION SHEET

3.4 CONCESSION PROPOSER QUESTIONNAIRE, DPR 398

SAMPLE CONCESSION CONTRACT

SECTION 1 - PROJECT SUMMARY

1.1 GOAL & OBJECTIVES

Department Mission The California Department of Parks and Recreation’s mission is to provide for the health, inspiration, and education of the people of California by helping to preserve the state’s extraordinary biological diversity, protecting its most valued natural and cultural resources, and creating opportunities for high-quality outdoor recreation.

Park Mission The mission of Old Town San Diego State Historic Park is to present the opportunity to experience the history of early San Diego by providing a connection to the past.

Goal of this Request for Proposals (RFP) The goal of this RFP is to award a ten (10) year concession contract to an individual or business entity to develop, operate, and maintain a historic-style retail concession to enhance the park visitor recreational and educational experience at Old Town San Diego SHP in the building located at 2613 San Diego Avenue.

Objectives of this RFP

• Develop and operate a high-quality historic-style retail concession at Old Town San

Diego SHP in the building located at 2613 San Diego Avenue. Retail businesses and/or products already represented within the park will not be considered.

• Create and present through physical facilities, interior furnishings, merchandise, and operational style and format, an attractive environment that captures and conveys the historical, cultural, ethnic, and geographic themes of the building’s interpretive period.

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

• Provide the park visitor with high-quality historic-style retail products at reasonable prices.

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

• It is the State’s intent for each business location to sell unique specialty retail items and represent a business theme not duplicative of other Old Town San Diego retail businesses.

1.2 GENERAL INFORMATION

Site Description Old Town San Diego State Historic Park presents the opportunity to experience the history of early San Diego by providing a connection to the past. Old Town became a state historic park in 1968, when work began to restore and stabilize its buildings, particularly the original adobes. Five of these have been restored and other buildings have been reconstructed. There are several museums within the State Historic Park.

Numerous retail shops and several restaurants operate as concessions businesses within Old Town San Diego State Historic Park. The park receives between 3 and 4 million visitors each year. It is located adjacent to a major transit center that includes train, trolley, and bus services making it very convenient to access. It’s also one of the top tourist attractions in the area. The area known as Old Town San Diego contains over 30 restaurants and approximately 35 historic sites.

Historical Significance Old Town San Diego State Historic Park brings visitors the experience to step into the history of early San Diego by providing a connection to the past. Restored and reconstructed buildings in Old Town San Diego State Historic Park are now museums, shops, and restaurants that capture the energy of the community between 1821 and 1872. The central plaza is lined with buildings – some dating back to the 1820s. Visitors are offered a glimpse into yesteryear, as converging cultures transformed San Diego from a Mexican pueblo to an American Settlement.

2613 San Diego Avenue:

During the 1850s and early 1860s, ownership of parcels on Block 453 and adjacent blocks frequently changed hands, suggesting that many of the land purchases by Americans were speculative in nature.

Known Owners:

1869: Samual Drummer September 1869: Martin Trimmer, a harness-maker from Prussia acquires Lot 3 from Samual Drummer as a result of a court action.

August 12, 1870: Nelson H. Dodson, a native of Iowa, purchases the easter half of Lot 3, block 453 from Trimmer for $495.00 The building was used as his home and law office.1

Before owning lot 3, block 453, Dodson had a law office in the Union Building on San Diego Avenue between July and August 1869.

About the Building:

A single-story, wood-frame, unpainted, gabled building stood at the corner of Twiggs Street and San Diego Avenue as of 1870. It was probably built or moved to lot 3 sometime during 1870 by either Trimmer or Dodson. At the time, San Diego Avenue and Twiggs Street were dirt roads. The landscape was sloped, treeless, and unimproved, except for a short wooden fence at the rear of the building. Small, simple, and functional in design, the building reflected a utilitarian style of architecture commonly found in American frontier communities.2

1Seventeenth Judicial Court District, Case #286; Ron Quinn, "A Preliminary Report on Block 453/29, Lot 3: Squibob Square", (1986), Old Town State Park, Archives, San Diego.

2The Couts (1849), Derby (1853), Pooles Survey (1856) and Pascoe (1870) maps reveal no structures on lot 3. The Whaley (1877) map, however, shows two structures on lot 3: Dodson Home and Law Offices (47B) and Dodson-Trimmer building (47C).

Photographs by Godfrey, dated April 20, 1872, and Parker (1874) also show the gabled rooftops of these two structures. No other details about either building are visible. Both buildings were probably altered after 1874 to accommodate new uses or the needs of new owners. Structural alterations were a common practice at Old Town and other frontier communities. See Richard Carrico, Kathleen Crawford, and Joyce Clevenger, An Archaeological Program of Monitoring, Testing, and an Evaluation of Dodson's Corner (San Diego: ERCE, 1991), pp. 4-40-42. See also Ray Brandes and James Robert Moriarty, Historical/Archaeological Survey of the Estudillo..., California Parks and Recreation Department, 1976, Book 3, Block 453/29: Orion M. Zink, "Places and People in Old Town", Journal of San Diego History, (Winter, 1969), pp. 3-20.

Current Concession Operation Currently, there is no historic-style retail store or other concession at 2613 San Diego Avenue in Old Town SHP. The previous concessions operation was an apothecary historic retail store. The store provided an array of period-style products to portray the medical traditions of San Diego’s past. The gross sales and rent as reported by the previous concessionaire, Proper, who operated the retail store until 2018, with the last years of their contract as follows:

Fiscal Year Park Visitation Gross Receipts Rent 2022/2023 2,948,350 Vacant Vacant 2021/2022 2,776,158 Vacant Vacant 2020/2021 1,134,730 Vacant Vacant 2019/20205 2,439,772 Vacant Vacant 2018/20194 3,623,384 $17,761.86 $2,131.42 2017/2018 3,701,058 $81,186.27 $9,742.35 2016/2017 3,698,902 $123,569.80 $14,828.38 2015/20163 3,639,715 $106,881.09 $12,825.73 2014/20152 3,463,039 Vacant Vacant 2013/20141 3,393,404 $217,070.18 $24,466.51 2012/2013 3,323,865 $235,832.67 $30,893.37 2011/2012 3,167,188 $225,830.12 $29,913.73 2010/2011 3,040,754 $222,207.91 $28,245.98

2014 Concession closed1, FY2014/2015 location vacant2, September 2015 new concession started3, September 2018 concession closed4, Park Closed April-June due to COVID195, Park Closed Jul-Oct and Jan 20216

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

1.3 CONCESSION CONTRACT SUMMARY

This ten (10) year concession contract will provide for the operation of a historic-style retail concession at 2613 San Diego Avenue. The intent of the concession contract is to provide the public with high-quality, reasonably priced retail service in an authentic manner and atmosphere that enhances the visitor’s experience and the interpretive, natural, and cultural resources of the park.

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

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

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

1. Develop and operate a high-quality historic-style retail concession at Old Town San

Diego SHP in the building located at 2613 San Diego Avenue. Retail businesses and/or products already represented within the park will not be considered.

2. Pay as annual rent the amount presented in the proposal, which, at a minimum, shall be the greater of twenty thousand dollars ($20,000) or ten percent (10%) of gross receipts, whichever is greater.

3. Implement the Operation Plan, Facility Plan, and Interpretive Plan as described in the RFP, Section 3, the Proposal that clearly demonstrates the proposer’s plan to provide accessible services and facilities that comply with Federal, State, and Local accessibility guidelines. The plans will become exhibits of the final concession contract subject to State review and approval.

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

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

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

7. Provide and maintain valid insurance as required by the concession contract, including but not limited to commercial general liability, worker’s comp, and property insurance.

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

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

10. Demonstrate compliance with labor laws as specified in the RFP.

The successful proposer will not:

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

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

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

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

SECTION 2 - THE RFP PROCESS

2.1 PROPOSAL PROCESS

Tentative Proposal Dates

April 5, 2024 .......................................... Publication of the RFP April 25, 2024 ........................................ Pre-Proposal Meeting May 6, 2024 .......................................... Last day for proposers to submit Letter of Intent to Bid and RFP questions May 16, 2024 ........................................ DPR written responses to questions June 17, 2024 ....................................... Deadline for proposal submission June 2024 – August 2024 ...................... Evaluation of Proposals August 2024 .......................................... Notification of “Intent to Award Contract” September 2024 .................................... Award of contract January 2025 ........................................ 10 Year contract begins

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

Optional Pre-Proposal Meeting and Tour It is strongly recommended that the proposer or designated representative attend the optional pre-proposal meeting and tour at the Colorado House 2733 San Diego Ave San Diego, CA 92110 on April 25, 2024, at 3:00 p.m. – 5:30 p.m.

The meeting provides an equitable forum for all proposers to:

• Meet local State staff;

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

• Receive information about the concession site, the park and facility history, and

State plans for the park and the concession;

• Review the RFP document.

The tour provides an equitable forum for all proposers to:

• Walk the concession premises;

• See the layout of the concession building;

• Inventory concession equipment, etc.

Letter of Intent to Bid and RFP Content Questions All proposers must submit a Letter of Intent to Bid as well as any questions related to the content of the RFP no later than 5:00 PM on May 6, 2024. Proposers who submit a proposal but fail to submit a Letter of Intent to Bid will be disqualified. To ensure fair competition, all proposers will receive the same information and materials; no telephone or personal inquiries about this RFP will be answered. The Letter of Intent to Bid and

RFP content questions shall be submitted in writing to the State by mail, email, or fax at the contact information listed below. A written compilation of all questions and answers, and any RFP errata, will be posted on Cal e-Procure at www.caleprocure.ca.gov (or emailed/mailed upon request). Questions will be answered as clearly and completely as possible without jeopardizing the competitiveness of the proposals. Proposers should send their Letter of Intent to Bid and RFP questions via United States Postal Service mail addressed to:

California State Parks

Attn: Partnerships Division P.O. Box 942896

Sacramento, CA 94296

Alternatively, proposers can hand deliver their Letter of Intent to Bid and RFP questions to:

Partnerships Division

Sacramento, CA 95814 or email their Letter of Intent to Bid and RFP questions to Megan.Boisvert@parks.ca.gov.

In person deliveries shall be made only when agreed to with State in writing, in order to confirm receipt.

Proposal Bond Proposals must be accompanied by a Proposal Bond or cashier’s check payable to the State of California, Department of Parks and Recreation, in the amount of five hundred dollars ($500). By submitting a proposal bond the proposer agrees that the bond may be cashed and retained by the State. If a cashier’s check is submitted it will be cashed by the State. In the event the proposer fails to execute the concession contract, the bond or cashier’s check will be retained by the State. Further, by submitting a proposal, proposer agrees that the State will suffer costs and damages not contemplated otherwise should proposer be awarded the concession contract but fail to execute and proceed with the concession contract, the exact amount of which will be difficult to ascertain. Accordingly, it is agreed that such retained sums shall not be deemed a penalty, but, in lieu of actual damages, shall represent a fair and reasonable estimate of damages to the State for failure of the proposer to execute and proceed with the concession contract upon notification of award by the State. Bonds will be returned to all proposers once the concession contract is executed with the best responsible proposer.

Proposal Submission The proposal, including the Proposal Bond, must be received by 2:00 PM on June 17, 2024, via United States Postal Service Mail at:

http://www.caleprocure.ca.gov/ mailto:Megan.Boisvert@parks.ca.gov

Attn: Partnerships Division

P.O. Box 942896 Sacramento, CA 94296

Alternatively, proposers can hand deliver their Letter of Intent to Bid and RFP questions to:

Partnerships Division

Sacramento, CA 95814

In person deliveries shall be made only by pre-scheduled date agreed to with State in writing, in order to confirm receipt.

Proposal Format & Content The proposal package must be sealed and clearly marked on the outside with “RFP # P23CA005 for Historic-Style Retail Store at 2613 San Diego Avenue - Old Town San Diego SHP”. Please submit one (1) original plus two (2) copies of the proposal in 8.5” x 11” three-ring binders. All material should be presented in an 8.5” x 11” portrait format with tabs for each section. Larger formatted graphic exhibits are acceptable if folded to fit within the 8.5” x 11” three-ring binder. All proposals must be typed.

Hand-written proposals (aside from conceptual drawings) will not be accepted. The original proposal binder must also include the following:

• A complete Concession Proposer Questionnaire (DPR 398) Checklist.

• An electronic version of the DPR 398 and all supplemental information saved to an enclosed USB in Microsoft Word or comparable format.

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

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

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

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

2.2 EVALUATION PROCESS

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

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

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

Proposal Evaluation All proposals received shall be evaluated for form and content in accordance with the requirements of this RFP. Upon receipt of only one proposal for this concession and at the State’s discretion, a Concession Contract Award Board may be convened to evaluate and score the proposal. Upon receipt of more than one proposal, a Concession Contract Award Board will evaluate and score each eligible proposal pursuant to the point system and selection criteria as described in the Proposal Instructions and Proposal Evaluation Sheet. Proposals that do not pass Evaluation Level I will be disqualified from further consideration. Proposals that pass Evaluation Level I but do not pass Evaluation Level II may be considered by the Concession Contract Award Board provided more than one proposal is received.

Concession Contract Award Board Concession Contract Award Boards are appointed by the Director of the California Department of Parks and Recreation, or his or her representative, and convened to review, evaluate, and rate each proposal received to make a recommendation to the Director regarding the selection of the “Best Responsible Proposer”. If an Award Board is convened for this RFP, the members may include park staff with related expertise, such as Field Division Chief, Deputy Director, Park Design and Construction staff, or District Superintendent, and representatives from other public agencies or the private sector. The Award Board cannot consist of individuals associated with the District that is advertising the RFP.

Concession Contract Award If an award is made, the award for a concession contract will be to the “Best Responsible Proposer” in accordance with California Public Resources Code Section

5080.23. The “Best Responsible Proposer” will be the proposer whose proposal passes each of the required elements and receives the highest total score as determined by the Concession Contract Award Board and as approved by the Director. In the event of only one proposal for this concession contract, the State may award the contract upon determining the one proposal passes each of the required RFP elements. Execution of the awarded concession contract is subject to approval by controlling agencies of the State, which include the Department of General Services and the Attorney General, and will not be binding on the State or the successful proposer until such approval is obtained. In the event the State does not identify a “Best Responsible Proposer” through the bid process, the State may negotiate a concession contract under the provisions of California Public Resources Code Section 5080.16(a).

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

The Department of Parks and Recreation

Attention: Director Armando Quintero 715 P Street, 14th Floor

Sacramento, California 95814 Info@parks.ca.gov

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

State of California

Department of Justice Office of the Attorney General

Land Law Section 1300 I Street

Sacramento, California 95814

(916) 445-9555

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

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

2.3 CONTRACT EXECUTION

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

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

mailto:Info@parks.ca.gov

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

SECTION 3 - THE PROPOSAL

3.1 INSTRUCTIONS FOR THE CONCESSION PROPOSAL

A completed Concession Proposer Questionnaire Checklist, Concession Proposer Questionnaire form (also known as DPR 398) and a Proposal Bond will constitute the proposal. Proposer must complete all sections, respond to all questions, and fill in all blanks within the form. Inapplicable questions or blanks should be marked “N/A” or “Not Applicable”. Failure to properly complete the form may disqualify the proposal.

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

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

I. PROPOSER INFORMATION

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

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

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

It is the proposer’s responsibility to contact OSB to verify the completeness of the application. Incomplete documents are not certifiable. Proposers may obtain an application for Small Business Certification from:

Office of Small Business and DVBE Certification

707 Third Street, 1st Floor, Room 400 West Sacramento, CA 95605

(800) 559-5529 or (916) 375-4940 Fax: (916) 374-4950

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

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

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

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

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

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

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

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

C. Individual Information This section must be completed by each individual, partner, and member of the joint venture; CEO, officers, and holders of 25% or more of the company’s shares for corporations; concession manager; and the managing member(s) of the organization identified on the LLC-12 for a limited liability company. The aforementioned identified individual(s) must also complete and sign the Authorization to Release Information in Section IV.

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

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

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

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

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

Experience: For the purpose of this RFP, proposers must have a minimum of <five (5)> years’ experience owning, managing or operating a business of similar type, size and scope as the concession operation set forth and described in this RFP. Proposals with less than the minimum experience will be disqualified.

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 concession. Be specific with respect to the type and dates of experience, the proposer’s management role and specific duties, type and size of operation, quality of operation, public agency involvement, contractual relationships, and other factors demonstrating ability to successfully operate the proposed concession. Include additional information as needed.

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

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

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

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

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

II. THE PROPOSAL

Provide an Operation, Facility, and Interpretive Plan (as required) that addresses each of the checked elements in the Concession Proposer Questionnaire form (DPR 398).

Each element of the DPR 398 is described below. Proposers may submit additional information to describe and enhance their proposal.

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

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

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

398. For the purposes of this RFP, the Rental Guarantee must be at least $20,000 and the Percentage of Gross Sales must be at least 10%. Any offer below the minimum rent requirements will result in proposal disqualification.

B. Operation Plan The Operation Plan should address the following elements and must demonstrate an understanding of and commitment to achieving the objectives of this RFP. The proposal must also adhere to the operational requirements as described in the Sample Concession Contract.

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

Vision/Mission Statement Provide a Vision/Mission Statement that aligns with the California Department of Parks and Recreation’s and the park unit’s mission(s) as well as the proposer’s goals and objectives for the concession business.

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

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

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

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

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

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

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

Favorable consideration will be given to proposals indicating focused efforts to increase visitors from California’s multi-ethnic and disadvantaged populations.

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

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

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

Conservation and Recycling Outline the proposer’s approach to solid waste management, including reduction, re-use, and recycling, use of post-consumer recycled products, water and energy conservation, pest management, hazardous materials handling, air quality, and other applicable facets of resource conservation and environmental protection that are applicable to the concession operation. The plan should clearly commit proposer to a program that will minimize negative impacts on the environment and encourage park visitors to do the same. “Greening” of concession operations is encouraged.

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

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

http://www.ada.gov/ http://www.parks.ca.gov/?page_id=21944 http://www.parks.ca.gov/?page_id=22651

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

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

C. Facility Plan The Facility Plan should address the following elements and meet or exceed the objectives of this RFP to provide high-quality and accessible facilities. Greater consideration will be given to those proposals that clearly demonstrate an ability to implement the plan. In addition, the successful proposer must adhere to the facility requirements as described in the Sample Concession Contract.

Furnishings Describe the intended physical facilities of the concession including furnishings, equipment, décor, and layout. Implementation of proposer’s plan should provide first-class concession facilities consistent with park values that will enhance visitor services at the park.

Facility Development Describe proposed facility improvements to meet or exceed the minimum requirements of this RFP. Include the resumes of the proposed architects and contractors to be used and descriptions and/or schematic drawings of the work to be accomplished and items to be installed. Proposer may submit lists, drawings, pictures, and diagrams to illustrate and clarify the plans. “Greening” of concession facilities is encouraged.

Accessibility Describe the proposer’s plan to remove any identified physical barriers to accessibility.

Include a description of the barriers identified, the means used to identify barriers and a timeline for the removal of said barriers.

Implementation Provide a timeline for completion of any capital improvements and installation of said décor and equipment prior to the commencement of operations and a description of each step in the process.

Cost Estimates Provide a cost breakdown for the Facility Plan, including furnishings.

As a condition of the concession contract award, the successful proposer may be required to revise or further develop the Facility Plan to the satisfaction of the State and prior to the execution of the concession contract. After the State’s review and approval, the Facility Plan from the successful proposal shall be included as an exhibit to the concession contract

D. Interpretive Plan The Interpretive Plan should address each of the following elements and demonstrate an understanding of the park’s interpretive programs and contribute to the overall interpretive messages of the park. More points will be awarded to proposals that integrate the park’s interpretive theme into the daily operation of the concession.

Resources for the development of an Interpretive Plan are available at www.parks.ca.gov/pages/735/files/interpPlanningWorkbookWEB2013.pdf.

Proposer’s Relevant Experience Describe proposer’s experience, knowledge, skills, and abilities to develop and operate an interpretive program.

Business’ Interpretive Theme Describe the interpretive theme of the business including the specific years to be interpreted (“interpretive period”).

Interpretive Programs and Activities Describe plans for interpretive programs and activities. Interpretive activities should be conducted on a regular basis and be integrated with the concession activities reflecting the interpretive period. Describe plan to provide inclusive interpretive programs for multi-ethnic and multi-generational visitors.

Business’ Ambiance Describe plan to develop and implement historical ambiance including such things as historic characterizations, environment, costumes, furnishings, signs, wall treatment, advertising, window coverings, equipment, tools, display shelves, counters, tables, chairs, and cooking equipment.

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

As a condition of the concession contract award, the successful proposer may be required to revise or further develop the Interpretive Plan to the satisfaction of the State and prior to the execution of the contract. After the State’s review and approval, the Interpretive Plan from the successful proposer shall be included as an exhibit to the concession contract

E. Supplemental Information Additional information as described in the DPR 398.

III. FINANCIAL INFORMATION

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

http://www.parks.ca.gov/pages/735/files/interpPlanningWorkbookWEB2013.pdf

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

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

Proposed Means to Finance Concession: Provide amounts for personal finances, loans, or credit that will be used to finance the concession.