Request_for_Proposal_P24CA002_Silverwood_Lake_Marina.pdf

REQUEST FOR PROPOSALS

FOR

SILVERWOOD LAKE MARINA

AT

Silverwood Lake State Recreation Area

Opening Date May 30, 2025

Closing Date October 8, 2025

STATE OF CALIFORNIA – NATURAL RESOURCES AGENCY

DEPARTMENT OF PARKS AND RECREATION

PARTNERSHIPS DIVISION

715 P Street, 13th Floor

SACRAMENTO, CA 95814

P24CA002

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: Silverwood Lake Marina

Operation Category & Type Marina

Park Unit: Silverwood Lake State Recreation Area (SRA)

Proposal Closing Time & Date: October 8, 2025

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

Contract Term: 30 years

Annual Minimum Rent Bid: Guaranteed annual rent of twenty-five thousand dollars ($25,000) or ten percent (10%) of gross annual receipts, whichever is greater, plus two percent (2%) of monthly fuel and oil sales.

Capital Outlay Requirement: $3,000,000

Special Account: Two percent (2%) of gross receipts

Proposal Bond (due at time of proposal submission):

Five thousand dollars ($5,000)

Performance Bond (due at time of Contract execution):

Relevant Experience:

Five (5) years

Pre-Proposal Meeting and Tour: July 9, 2025 For more information related to this RFP please contact Megan Boisvert at (916) 902- 8291 or Megan.Boisvert@parks.ca.gov.

Armando Quintero, Director

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

1.2 GENERAL INFORMATION

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

1.3 CONCESSION CONTRACT SUMMARY

SECTION 2 - THE RFP PROCESS

2.1 PROPOSAL PROCESS

Tentative Proposal Dates Pre-Proposal Meeting & 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 purpose of Silverwood Lake State Recreation Area (SRA) is to make possible the recreational opportunities afforded by the creation of the reservoir owned and operated by Department of Water Resources as part of the State Water Project and managed by the Department of Parks and Recreation for enjoyment by the public.

Goal of this Request for Proposals (RFP) The goal of this RFP is to award a thirty (30) year concession contract to an individual or business entity to develop, operate, and maintain a high-quality marina concession to enhance the park visitor recreational and educational experience at Silverwood Lake

SRA.

Objectives of this RFP

• Develop, operate, equip, and maintain a high-quality full-service marina concession;

• Provide the park visitor with high-quality slip rentals, boat rentals, boating, and recreation related goods and services at reasonable prices;

• Provide boat towing services during park operational hours;

• 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;

• Be responsive to the needs of the local community as well as the needs of statewide constituencies;

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

• Optional:

o Provide Personal Watercraft (PWC), kayak, pedal boat, paddleboard or other watercraft rentals and provide other beach or boating-related amenities.

o Provide dockside or on-land fuel sales for watercraft

1.2 GENERAL INFORMATION

Site Description Silverwood Lake State Recreation Area is located off Highway 138, eleven miles east of I-15 near Hesperia within the San Bernardino National Forest. At 3,350 feet, the lake is the highest reservoir in the State Water Project. The lake, trails, and campsites draw many visitors to this popular recreation destination. Bikers, picnickers, fishermen, boaters, swimmers, nature lovers, and campers from the greater Los Angeles, San Bernardino, and Riverside areas use this State Recreation Area year-round.

Silverwood Lake SRA is approximately 3,140 acres with approximately 976 acres of water surface and 13 miles of shoreline. There are two swim beaches, Sawpit Beach and Cleghorn Beach, which experience very heavy use during the peak season.

Additionally, three developed boat-in areas serve as beaching locations for vessels in addition to a multitude of undeveloped beaching spots. One launch ramp, equipped with two courtesy docks services vehicle-launched vessels, and a small hand-launch ramp is located at Cleghorn Day Use for kayaks, canoes, float tubes, and other non-motorized vessels.

The existing marina dock complex at Silverwood Lake SRA is located in the Sawpit Day Use area between the boat launch ramp and the main Sawpit swim beach. It consists of about 69 boat slips.

The Beach Store and Snack Bar Complex, located at the west end of Sawpit Beach, near parking lot 1, acts as a store providing food, beverages, boating, fishing, and camping supplies, other recreational supplies, souvenirs, and a snack bar with an outdoor picnic-style seating area.

A fueling station for concession-owed vehicles and vessels is located at the northwest corner of the Marina Parking Lot, between the boat lot and Sawpit Beach. Ownership of the fueling station belongs to the current concession operators.

Space is provided west of Sawpit Beach for personal watercraft, kayaks, pedal boats, paddleboards, and other rentals should the concessionaire opt into watercraft rentals. A lot near the park entrance is provided for dry slip rentals.

Recreational activities at Silverwood Lake SRA include hiking, picnicking, boating, biking, waterskiing, fishing, swimming, and camping. There are a total of 136 campsites of which 40 provide full electrical, water, and sewer hook-ups.

The current marina concession offers year-round, month-to-month, and daily slip rentals (38 wet slips and 38 dry slips), boat rentals (34 aluminum fishing boats and 3 pontoon boats), and kayak and pedal boat rentals. The Beach Store and Snack Bar Complex operates year-round with the snack bar operating seasonally, in May-September. The current concession also provides mobile sales of food, beverages, supplies, and firewood. Additionally, the current concession operates and maintains all coin-operated shower facilities in the campgrounds and group camps.

San Bernardino County’s population is expected to grow by approximately 20% by 2060, according to the California Department of Finance. The current growth rate is approximately 1.27% annually, specifically for the City of Hesperia. Additionally, there is currently a proposal to the City of Hesperia for the development of the “Tapestry Project,” which includes the potential development of over 16,000 additional residential dwellings and two commercial hubs. The location of this project is approximately ¼ mile north of the Cedar Springs Dam and has the potential to impact and raise visitation to Silverwood Lake SRA.

Historical Significance California Native American tribes have resided in this region since the late Pleistocene.

In the past several thousand years, The Serrano people have lived in the San Bernardino Mountains and extended into the desert far to the northeast, north, and northwest as far as the Southern Sierra Mountains, Barstow region, and Twentynine Palms. Historically their communities resided principally along rivers and streams. In 1912, settlers began homesteading in the community of Cedar Springs, which was later covered by water during construction of the lake. They grew crops such as potatoes, onions, corn, and strawberries. In 1919, settlers Carl and Ella Hewitt, who were considered the person’s most associated with the development of the town of Cedar Springs, developed the Cedar Springs Health Resort to care for TB patients. Seventh- Day Adventist settlers followed the Hewitts and, by the 1920s, Cedar Springs was a thriving Adventist colony boasting a store, a church, and a schoolhouse. The economy was based on farming strawberries, corn, sorghum, chickens, and eggs which were sold to desert and foothill residents. The California Water Bond Act of 1960 and the California Water Project would lead to the eventual demise of the town of Cedar Springs. In 1966, construction began, and in 1971 the land that once boasted the town of Cedar Springs began being covered by water from the California Aqueduct to create Silverwood Lake.

Current Concession Operation The park visitation, gross sales, and rent to state for the last ten (10) years as reported by the current concessionaire:

Fiscal Year Park Visitation Gross Receipts Rent to State 2022/2023 365,693 $938,494.59 $91,290.27 2021/2022 380,459 $1,169,021.18 $105,211.91 2020/2021 494,868 $1,137,901.00 $102,411.06 2019/2020* 248,968 $829,146.00 $73,143.81

2018/2019 325,919 $849,131 $83,568 2017/2018 282,674 $648,523 $65,051 2016/2017 347,126 $504,990 $48,952 2015/2016 365,224 $507,884 $50,190 2014/2015 385,192 $506,835 $50,236 2013/2014 362,965 $508,280 $51,777 2012/2013 340,506 $430,557 $40,883

*Decrease in Gross Receipts and Rent to State in Fiscal Year 2019/2020 due to COVID-19.

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

Future Site Plans and Business Development Objectives Silverwood Lake SRA will continue to be a popular destination for aquatic recreation, offering visitors of all ages and abilities access to a wide range of outdoor recreational opportunities. Additional proposed housing and commercial development just north of the park will likely impact demand and increase park attendance. Additionally, increased interest in off-road vehicles and use of trails surrounding the park are currently increasing use of the park and will likely continue to increase use.

While there are no specific plans for additional concessions at this time, the Inland Empire District will consider any concession opportunity that enhances visitor experience and assists State Parks in fulfilling its mission.

1.3 CONCESSION CONTRACT SUMMARY

This thirty (30) year concession contract will provide for the operation, development, and maintenance of a marina concession at Silverwood Lake SRA. The concession contract intends to provide the public with high-quality, reasonably priced food 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, operate, equip, and maintain a marina concession offering high-quality boating and recreational goods and services, including but not limited to:

a) boat slip and mooring rentals to include 5 slips for use by the State

b) boat and watercraft equipment rentals

c) boat towing services for private and rental watercraft

d) boat dry storage

e) retail space for beach equipment

f) snack bar

g) retail space for groceries and boating supplies

2) Pay as annual rent the amount presented in the proposal, which, at a minimum, shall be the greater of one hundred thousand dollars ($25,000) or ten percent (10%) of gross annual receipts, plus two percent (2%) Facility Maintenance Improvement Account (FMIA) fee, plus two percent (2%) of monthly fuel and oil sales.

3) Invest a minimum of three million dollars ($3,000,000) by contract year five (5) in the construction and development of a marina concession complex that includes the construction of a marina store; renovation of the beach store and snack bar complex building; removal and replacement of 60-100 boat slips and docks; renovation of the boat storage area, and development of the watercraft rental area if opting to use it.

Should the concessionaire opt to provide watercraft fuel sales, the development of a dockside or on-land fueling station is needed. The dock should include 5 slips for use by the State.

Minimum requirements for construction, renovation, and/or replacement include the following:

a) All offices, buildings, and facilities shall be constructed or renovated to ensure ADA guidelines for accessibility are met.

b) Offices, buildings, and facilities, including fueling station, shall not be placed on or block or impede parking lots or traffic.

c) Renovations to the beach store and snack bar complex shall include improvements to exterior aesthetics and improvements to the outdoor visitor dining area and shade structure.

NOTE: All marina floating facilities including docks, floating fuel dock, courtesy dock, necessary connector floats and ramps, and marina cabling and anchoring systems shall be considered personal property and will vest in the concessionaire at the end of the contract. Title to all real property improvements will vest with the State at the end of the contract.

4) At a minimum, provide the public with vessel rentals to include a minimum of 20 gas or electric motor-propelled vessels for fishing and riding. All outboard gas-powered motors must be four-stroke to maintain water quality. Rental vessels shall provide adequate seating for maximum vessel occupancy.

5) Provide optional additional guest services, including, but not limited to:

a) RV rental services

b) Floating Campsites

c) Site security for dry storage and slip holders

d) Personal Watercraft rentals

e) Kayak, pedal boat, and/or paddleboard rentals

f) Bicycle Rentals

g) Rental of beach amenities

h) Fuel and oil sales; dockside fuel sales may be considered or fuel sales if parking lot is redesigned to allow for traffic.

i) On-site beer and wine sales in designated consumption area

6) Implement the Operation Plan and Facility Improvement 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.

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

8) Provide a continuing Performance Bond in the amount of one year’s minimum annual rent as bid with CPI adjustments.

9) 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.

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

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

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

13) Demonstrate compliance with labor laws as specified in the RFP.

The successful proposer will not:

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

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

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

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

SECTION 2 - THE RFP PROCESS

2.1 PROPOSAL PROCESS

Tentative Proposal Dates

May 30, 2025 ..................................................... Publication of the RFP

July 9, 2025 ........................................................ Pre-Proposal Meeting & Tour

August 8, 2025 .................................................... Last day for proposers to submit Letter of Intent to Bid and RFP questions

September 10, 2025 ......................................... DPR written responses to questions

October 8, 2025 ............................................... Deadline for proposal submission

Oct. 2025 - Jan. 2026 ....................................... Evaluation of Proposals

February 2026................................................... Notice of “Intent to Award Contract”

March 2026........................................................ Award and execution of contract

May 2026........................................................... 30-year contract begins

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

Pre-Proposal Meeting & Tour It is strongly recommended that the proposer or designated representative attend the pre-proposal meeting at 10:00 A.M. on July 9, 2025, starting at the marina, 13985 Sawpit Canyon Rd., Hesperia, CA 92345. 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;

• Inspect the concession site and receive information on 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 P.M. on August 8, 2025. 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 addressed to:

California Department of Parks and Recreation, Partnerships Division 715 P Street 13th Floor

Sacramento, CA 95814 Attn: Megan Boisvert Fax: (916) 657-1856

Email: Megan.Boisvert@parks.ca.gov

Proposal Bond Proposals must be accompanied by a Proposal Bond or cashier’s check payable to the State of California, Department of Parks and Recreation, in the amount of five thousand dollars ($5,000). By submitting a proposal bond the proposer agrees that the bond may be cashed and retained by the State. If a cashier’s check is submitted, it will be cashed by the State. In the event the proposer fails to execute the concession contract, the bond or cashier’s check will be retained by the State. Further, by submitting a proposal, proposer agrees that the State will not suffer costs and damages not contemplated otherwise should proposer be awarded the concession contract but fail to execute and proceed with the concession contract, the exact amount of which will be difficult to ascertain. Accordingly, it is agreed that such retained sums shall not be deemed a penalty, but, in lieu of actual damages, shall represent a fair and reasonable estimate of damages to the State for failure of the proposer to execute and proceed with the concession contract upon notification of award by the State. Bonds will be returned to all proposers once the concession contract is executed with the best responsible proposer.

Proposal Submission The proposal, including the Proposal Bond, must be received by 2:00 P.M. on October 8, 2025 at:

California Department of Parks and Recreation, Partnerships Division Attn: Megan Boisvert

715 P Street 13th Floor Sacramento, CA 95814

Proposal Format & Content The proposal package must be sealed and clearly marked on the outside with “RFP # P24CA002 for Silverwood Lake Marina Operations at Silverwood Lake SRA”. Please submit one (1) original copy of the proposal in an 8.5” x 11” three-ring binder. All material should be presented in an 8.5” x 11” portrait format with tabs for each section.

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

http://www.caleprocure.ca.gov/

• A signed and complete Concession Proposer Questionnaire (DPR 398) Checklist

• An electronic version of all proposal documents, including the complete and signed DPR 398, and all supplemental information saved to an enclosed USB in Microsoft Word or comparable format. The electronic version must be organized to follow the same reading order as the original paper copy.

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

Confidentiality of Proposals All proposals submitted to an RFP, which include the DPR 398 and applicable plans, 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 7290 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 shall 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, CA 95814

Email: Partnerships@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.

mailto:Partnerships@parks.ca.gov

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 and Facility Improvement Plans, as required. Minor changes or modifications to the contract, proposal plans, and contract exhibits may be made prior to execution based on agreement between the State and concessionaire. However, no material change to the concession contract or its exhibits as presented in the RFP and in the selected proposal may be made.

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

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

SECTION 3 - THE PROPOSAL

3.1 INSTRUCTIONS FOR THE CONCESSION PROPOSAL

A completed Concession Proposer Questionnaire Checklist, Concession Proposer Questionnaire form (also known as DPR 398), and a Proposal Bond will constitute the proposal. Proposer must complete all sections, respond to all questions, and fill in all blanks within the form. Inapplicable questions or blanks should 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, and 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 letter including contact information (phone number, email address, and physical address) for each reference type required below. These references should be 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:

• 1. Client or Business Reference: 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 have operated a concession within California State Parks in the past five (5) years. Failure to provide the reference may result in proposal disqualification.

• Must provide a reference from a public agency in order to receive additional points under 3.2 PROPOSAL EVALUATION CRITERIA - Experience

• If current or previous concessionaire with California State Parks, you must provide the last three years of Performance Evaluations (DPR Form 531).

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

In addition to the references above, proposers must provide their Insurance Provider(s):

List name(s), address, phone number, and contact person of insurance carrier(s) who will provide your insurance (liability, vehicle, watercraft, workers compensation, etc).

• A reference letter is not needed from your insurance provider(s). A quote for each insurance type as required in the sample contract must be provided as stated under C. Financial References and Credit Worthiness of the DPR 398.

II. THE PROPOSAL

Provide an Operation and Facility Improvement 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 USB device concurrent with the proposal.

The plans provided on the 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 twenty-five thousand dollars ($25,000) and the Percentage of Gross Sales must be at least ten (10%) percent, plus two (2%) percent towards FMIA, plus two (2%) percent of monthly fuel and oil sales. Any offer below the minimum rent requirements will result in proposal disqualification.

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

Executive Summary The Executive Summary shall 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. If applicable, this plan shall consider provisions for the retention of employees of an existing concessionaire who may become displaced during the transition to a new concession operator.

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, and 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).

Healthy Foods Initiative Describe commitment to promote a healthy lifestyle in an environmentally sustainable manner. Proposers should consider providing traditional menu items either updated to conform to the State’s healthy food requirements, or the addition of healthy food menu options and locally sourced ingredients.

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.

GenAI Requirement The State of California seeks to realize the potential benefits of GenAI, through the development and deployment of GenAI tools, while balancing the risks of these new technologies. For purposes of this Contract, GenAI means the definition set forth in Government Code section 11549.64.

Concessionaire must notify the State in writing if it: (1) intends to provide GenAI as a deliverable to the State; or (2), intends to utilize GenAI, including GenAI from third parties, to complete all or a portion of any deliverable that materially impacts: (i) functionality of a State system, (ii) risk to the State, or…