RFP-Concession Opportunities at Prado Regional Park~1.pdf

San Bernardino County Purchasing Department

Request for Proposal Prado Snack Bar

Concession Opportunities

No. PARKS26-PARKS-6137

Request for Proposal No. PARKS26-PARKS-6137

PRADO SNACK BAR

CONCESSION OPPORTUNITIES

Regional Parks Department

268 W. Hospitality Lane, Suite 303 San Bernardino, CA 92408

Request for Proposal Prado Snack Bar

Concession Opportunities

November 12, 2025

I. INTRODUCTION

A. Purpose

The San Bernardino County Regional Parks Department, hereafter referred to as the “County,” is seeking proposals from interested and qualified Proposers to provide operational management of a concession located at Prado Regional Park. Operational management must include providing all materials, furnishings, sales/service items and daily operations and maintenance of the concession. The San Bernardino County Regional Parks Department leases Prado Regional Park from the United States Army Corp of Engineers (USACE). Snack bar will be open Memorial Day through Labor Day.

B. RFP Contact All correspondence, including questions (not bid questions), must be submitted to the person identified below (RFP Contact):

San Bernardino County Regional Parks Attn: Valeda Fox 268 W. Hospitality Lane, Third Floor, Suite 303 San Bernardino, CA 92408

(909) 387-2459 Phone Email: vfox@parks.sbcounty.gov

Proposals will not be accepted by email or facsimile. Proposals must be submitted electronically through the County Electronic Procurement Network (ePro). All Proposers must register with the ePro system prior to the date and time to submit the proposal or they will be disqualified.

C. Reserved

D. Contract Term Services to be provided under this Request for Proposals (RFP) are outlined under Section V, Scope of Work. The Contract period will be for a minimum of a three (3) year term beginning on successful execution of a Lease Agreement. An option to extend two (2) additional times for one (1) year each will also be included in the Lease Agreement.

E. Location of Services Location(s) where Services are to be provided, completed and managed are as follows:

• Prado Regional Park: 16700 S Euclid Avenue, Chino, California 91708

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

mailto:vfox@parks.sbcounty.gov

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Concession Opportunities

II. PROPOSAL TIMELINE

Release of RFP November 12, 2025, 10:00 AM PST

Mandatory Proposal Conferences November 19, 2025, 11:00 AM PST

Deadline for Submission of Questions November 26, 2025, 4:00 PM PST

Deadline for Proposals January 26, 2026, 4:00 PM PST

Date for Tentative Contract Award March 2026

Proposal Conference:

A mandatory Proposal Conference and site walk will be held at Prado Regional Park:

Wednesday, November 19, 2025, 11:00 AM PST Prado Regional Park 16700 S Euclid Avenue Chino, CA 91708

Attendance at the conference is mandatory. Please RSVP by November 14, 2025 by 5:00 PM PST. to attend the conference to Valeda Fox via email vfox@parks.sbcounty.gov. No Proposal will be accepted from any Proposer who fails to attend the Proposal Conference. If you need assistance on location, please contact Valeda Fox at (909) 387-2459. Please let the front gate know you are there for the proposed conference for free park entry.

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

III. DEFINITIONS

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

Board: The San Bernardino County Board of Supervisors.

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

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

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

Gross Income: The term “Gross Income” is defined as all money, cash, receipts, assets, property or other things of value, including, but not limited to, gross charges, sales, rentals, sponsor payments, fees and commissions made, or earned, and all gross sums received by CONCESSIONAIRE, its subtenants, assignees, or successors in interest, when collected or accrued, from any business, use or occupation, or any combination thereof, originating, transacted or performed, in whole or in substantial part, on the Premises, including, but not limited to, rental, the rendition or supplying of services, and the sale of goods, wares or merchandise, coin machines or devices or any nature. Gross Income in credit card transactions shall include only the actual amount received by CONCESSIONAIRE from the credit card issuer. Gross Income shall not include returns and exchanges.

mailto:vfox@parks.sbcounty.gov

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Concession Opportunities

1. There will be no deduction from Gross Income of any overhead or expense of operation, such as, but without limitation to, salaries, wages, cost of goods, advertising, interest, debt amortization, discount, collection, insurance and taxes, except as specifically provided for herein.

2. Gross Income will include the amount of any manufacturer’s or importer’s excise tax included in the prices or any property or material sold, even though the manufacturer or importer is also the retailer thereof; and it is immaterial whether the amount of such excise tax is stated as a separate charge.

3. Gross Income, however, will not include Federal, State of California (“State”), Municipal sales and excise taxes, required to be collected by CONCESSIONAIRE, its subtenants, assignees or successors in interest in connection with the rendering or supplying of services, goods, wares or merchandise, or other taxes collected from the consumer (regardless of whether the amount thereof is stated to the consumer as a separate charge) and paid periodically by CONCESSIONAIRE to a government agency, accompanied by a tax return or statement. The amount of such taxes will be shown on the books and records elsewhere herein required to be maintained.

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

Proposer-Concessionaire-Contractor: During the RFP process, the vendor community is notified of an RFP.

When a business or individual submits a proposal, it is then a Proposer. When a Proposer is selected for award, the terminology most often used is Contract.

Purchasing Agent: The Director of the County Purchasing Department.

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

Services: The requested services described in this RFP.

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

IV. PROPOSAL CONDITIONS

A. Authorized Signatures All proposals must be signed by an individual authorized to bind the Proposer to the provisions of the

RFP.

B. Term of Offer

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

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

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

This will allow issuance of any necessary amendments or addendums to the RFP. It will also help prevent

Request for Proposal Prado Snack Bar

Concession Opportunities the opening of a defective RFP and exposure of Proposals upon which an award could not be made.

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

D. Incurred Costs

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

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

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

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

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

Further, the County may reject a proposal from any entity that is a parent, affiliate, or subsidiary, or that is under common ownership, control, or management with any other entity submitting a Proposal in response to this RFP.

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

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

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

1. Do not affect responsiveness;

2. Are merely a matter of form or format;

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

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

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

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

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

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

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Concession Opportunities

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

H. Local Preference

Local Preference. The San Bernardino County has adopted a Local Preference Policy. A local preference of five percent (5%) shall be applied in the cost evaluation of proposals or bids for goods, services, equipment, or a minor public work project, unless an exemption applies. In a price-based bid, five percent (5%) will be deducted from the local vendor’s proposed cost for the purpose of comparison when the local vendor’s proposed cost is not the lowest. If the local vendor’s bid is equal to or lower than the price of an otherwise successful non-local vendor after the 5% preference is applied, the local vendor will be given the opportunity to match the lowest quoted price. In a best value evaluation, five percent (5%) of the awardable points for cost will be added to the local vendor’s score. If the local vendor’s overall score is equal to or lower than that of an otherwise successful nonlocal vendor, the local vendor will be recommended for award.

“Due to the evaluation of qualitative elements along with cost in a best value evaluation, application of local preference for cost proposals may not result in award to a local vendor with the lowest cost after applying local preference.”

Local Vendor - A local vendor is any vendor, contractor or consultant (hereafter “vendor”) that meets all of the following requirements:

1. Vendor’s main office (headquarters) or a major regional office is located within the County;

2. Vendor employs a minimum of 25% of the vendor’s full-time management employees and 25% of its full-time regular employees working from the San Bernardino County location(s);

3. Vendor employs one full-time or two part-time employees with primary residence in the County;

4. Vendor’s “point of sale” for purposes of reporting sales tax to the State Board of Equalization is within the boundaries of the County. The payment of any local share of sales tax must go to the County or a city within the County. If the local business has more than one sales office in the State of California, the office located in the County shall be the point of sale for sales tax calculation;

5. Vendor is not delinquent in any taxes or other payments to the County;

6. Vendor possesses a valid and verifiable business license (if required);

7. Vendor has been open and established for at least six months prior to the issuance of the solicitation;

8. Vendor can demonstrate on-going business activity in the field of endeavor on which they are proposing from that office during the preceding six months;

9. Vendor has not within five years prior to the solicitation admitted guilt or been found guilty by any court or state or federal regulatory enforcement agency of violation of any criminal law or any law or regulation regarding fraud;

10. Vendor is not federally debarred; and

11. Vendor is not suspended or debarred from participation in doing business with the County, in the scope of work that is the subject of the solicitation.

12. Local Vendor Self-certification – Documentation provided

Local Vendor self-certification form is required for any bid or proposal when a local preference is claimed affirming that it meets each of the above stated criteria, and signed by a vendor representative with the authority to obligate the company under penalty of perjury. (See Attachment K)

I. Clarification of Offers In order to determine if a Proposal is reasonably susceptible for award, communications by the Facilitator for the evaluation panel are permitted with a Proposer to clarify uncertainties or eliminate confusion concerning the contents of a Proposal. Clarifications may not result in a material or substantive change

Request for Proposal Prado Snack Bar

Concession Opportunities to the Proposal. The evaluation by the panel may be adjusted as a result of a clarification under this section.

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

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

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

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

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

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

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

L. Reserved

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

Request for Proposal Prado Snack Bar

Concession Opportunities

Proposer may also be asked to provide information to clarify initial responses. Negative information provided or discovered may result in disqualification from the selection process and no award of Contract.

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

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

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

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

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

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

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

P. Final Authority The final authority to award a contract(s) as a result of this RFP rests solely with the County Board of Supervisors, or as delegated by the Board of Supervisors. In addition, any contract regarding the use of the land at Prado Regional Park is also subject to the review and/or approval of the United States Army Corps of Engineers (USACE) because the land is leased from the United States Army Corps of Engineers.

V. SCOPE OF WORK

A. BACKGROUND INFORMATION

San Bernardino County –Our vision, Job and Paradigms

The job of San Bernardino County is to create a county in which those who reside and invest can prosper and achieve well-being.

https://www.sam.gov/

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San Bernardino County (County) is located in Southern California and conveniently adjacent to Los Angeles County at its westerly perimeter and adjacent to Riverside and Orange Counties to its south.

Our County, with a population in excess of 2,000,000 people is the fifth most populous county in the State, and the 12th most populous county in the United States.

Prado is located in the Chino Valley basin where San Bernardino, Riverside, Orange and Los Angeles Counties connect, Prado Regional Park is a one-stop recreational paradise. The name Prado is derived from California’s early Spanish days when the countryside was known as a “prado” or meadow. This park is loaded with outdoor recreation and adventure offering, fishing, camping, hiking, biking and nature trails, splash pad, disc golf and outstanding picnic facilities are just a sampling of what this park has to offer.

A unique feature of Prado is that it has a meeting room that seats 80 people and is ideal for club meetings, parties and receptions. Land at Prado is leased from United States Army Corp of Engineers (USACE), and any sublease is subject to County and USACE approval. All capital improvements at Prado must adhere to USACE guidelines as it relates to the inundation zone. To ensure compliance all projects at Prado must be approved by the County and USACE.

DEPARTMENT MISSION:

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

B. PROJECT DESCRIPTION

1. Project goal and objectives – The County is requesting proposals from qualified concession entities

(Proposers) to operate the snack bar concession at Prado Regional Park from Memorial Day to Labor Day, which must include providing all materials, furnishings, and sales/service items and daily operations and maintenance of the concession.

• Menu items should include Hot Dogs, Corn Dogs, Burgers, Fries, Chips, Soda, Tea, Coffee and other snack items. All items on the menu must be approved by the County.

The Regional Parks Department believes that well-managed, affordable, quality concession experiences and amenities that support a recreational experience are a valuable service to our guests and also will attract new visitors and contributes to the financial stability of Regional Park operations.

VI. PROPOSAL SUBMISSION

A. General

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

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

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

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

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

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

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

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

1. Presentation

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

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

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

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

4. Statement of Certification

Include the following on Attachment B:

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

Deadline for Proposals.

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

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

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

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

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

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

5. Statement of Experience and Qualifications

Include the following in this section of the Proposal:

a. Business name of the Proposer and type of legal entity such as corporation, partnership, etc. If

Proposer is a business entity that must be registered with the California Secretary of State, Proposer shall provide the County the entity number assigned to it by the Secretary of State.

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

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

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

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

8. Proposal Description The Proposal should include the following:

a. A brief synopsis of the Proposer’s understanding of the County’s needs and how the Proposer plans to meet them.

b. A detailed statement of the proposed Services.

c. An explanation of any assumptions or constraints.

9. Work Plan

Include the following:

a. Summary of management/work plan for the Concession.

10. Certification Regarding Debarment or Suspension Complete Attachment D

11. Cost

Complete proposed pricing on Attachment E.

12. References Provide three (3) references from other entities, preferably public agencies, of same or similar size as the County, with whom you have established a contract on a project of this nature. Provide Contact Name, Address, Phone Number, email, and dates Services were provided on Attachment F.

13. Former County Officials Complete Attachment G

14. Exceptions to RFP Complete Attachment H.

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

16. Indemnification and Insurance Requirements Affidavit Submit evidence of ability to insure as stated in Section X, Paragraph B – Indemnification and Insurance Requirements. Proposer must complete and submit Attachment J – Indemnification and

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Insurance Requirements Affidavit, and ensure the form is complete, including the signature from Proposer’s insurance broker/agent.

VII. EVALUATION

Proposals will be subject to an Initial Review to confirm responsiveness, by determining whether each Proposal includes the stipulated content, required certifications or licensing, etc., and is presented in the required format, in order for the Proposal to advance for evaluation. Any reasonable person reviewing for responsiveness must be able to ascertain that the Proposal meets these requirements.

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

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

A. QUALIFICATIONS AND EXPERIENCE

Weight: 30% Considerations:

• Proposer background and reputation, qualifications, experience, with local approval agencies, experience with similar services and entities.

B. TECHNICAL REVIEW

Weight: 35% Considerations:

• Statement of understanding of the County’;s need

• Work Plan

• Scheduling

• Thorough description of operational capabilities

• Quality control

• Adequacy of support staff and subcontractors

• Risk management

• Value-added aspects

C. PROPOSED REVENUE

Weight: 25%

• Provide proposed budget and revenue for each snack bar.

• The minimum fee will be determined during contract negotiations.

D. REFERENCES

Weight:10% Considerations:

• Demonstrated knowledge and expertise

• Work product

• Capability of assigned team members

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

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

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

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

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

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

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

VIII. NEGOTIATIONS AND NOTICE OF INTENT TO AWARD

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

A. Contract Negotiation

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

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

B. Failure to Negotiate

If the selected Proposer:

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

2. Fails to negotiate in good faith; or

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

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

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

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

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

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D. Review of Financial Performance

As indicated in Section VII, Section B, financial information may be used to evaluate and select the Proposal(s) deemed to be in the County’s best interest. Alternatively, at the County’s sole discretion, the financial performance of the intended Contractor may be assessed prior to Contract award. Financial performance deemed unsatisfactory by the County may result in non-award or a recommendation for award to another Proposer(s).

E. Award

A Contract will be awarded based on a competitive selection of Proposals received. The contents of the Proposal of the successful Proposer will become contractual obligations and failure to accept these obligations in a Contract may result in cancellation of the award.

IX. APPEAL AND AWARD

In the event a dispute arises concerning the Proposal process prior to the award of the Contract, the Proposer raising the dispute shall submit a request for resolution in writing to the Purchasing Agent. Proposer may appeal the recommended award or denial of award (Protest), provided the Protest:

1. Is submitted in writing.

2. Is submitted within ten (10) calendar days of the issuance date of the NOIA.

A Protest can only be brought on the following grounds:

1. Failure of the County to follow the selection procedures and adhere to requirements specified in the RFP or any addenda or amendments.

2. Violation of conflict of interest as provided by California Government Code Section 87100 et seq.

3. Violation of State or Federal law.

Protests will not be accepted for any other reasons than those stated above. All Protests must be sent to:

Pete Mendoza, Director

Purchasing Department 777 E. Rialto Avenue San Bernardino, CA 92415-0760

Upon receipt of the formal Protest, the Purchasing Agent, or his/her designee, will attempt to resolve the Protest. A Protest shall be disallowed when, in the judgment of the Purchasing Agent it has been submitted:

(1) as a delay tactic; (2) for the purpose of posturing the Proposer advantageously for future procurement;

(3) in a form that deviates from the one prescribed; (4) without adequate factual basis or merit; or (5) in an untimely manner.

The Purchasing Agent shall make a decision concerning the appeal, and notify the Proposer submitting the Protest, within a reasonable timeframe prior to the tentatively scheduled date for awarding the Contract. The decision of the Purchasing Agent shall be deemed final.

Alternatively, at the Purchasing Agent’s discretion, an Appeal Panel consisting of five (5) members appointed by the Purchasing Agent shall hear the Protest. The Proposer will be provided reasonable notice of the time, date and location of the hearing. In the event that a protesting Proposer does not appear at the Protest hearing as scheduled, the Protest will be disallowed.

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The hearing is informal, in that it is not subject to the strict rules of evidence or procedure, and live witnesses, if any, will not be sworn. All relevant evidence is admissible, including hearsay. It will be up to the Appeal Panel members to consider the credibility of the evidence and the weight to give it.

The Panel will determine by at least three (3) affirmative votes: 1) whether the Protest was submitted timely;

2) whether the Protest is based on at least one of the three designated grounds identified above; and 3) whether the grounds on which the Protest are based have been substantiated.

If any of the grounds are determined to be valid, the Panel will also decide if the valid portion of the Protest has so tainted the RFP process that it is unfair to the Proposer or whether the valid grounds for the Protest are in the nature of harmless error and that the RFP process was fair to the Proposer. The Panel will not re-evaluate the Proposals.

The Purchasing Agent shall notify the Proposer making the Protest of the decision, within a reasonable timeframe prior to the tentatively scheduled date for awarding the Contract. The decision of the Appeal Panel shall be deemed final. If the Contract must be approved by the Board, after receiving a decision from the Purchasing Agent or Appeal Panel, the Proposer may then present its Protest to the Clerk of the Board of Supervisors for the Board’s review and decision. The Proposer must file its written Protest with the Clerk of the Board or provide a verbal Protest (typically limited to three minutes) prior to the Board making a decision on the Contract. Any decision of the Board shall be deemed final.

A Proposer protesting the results of any of the processes described herein must follow the procedures set forth. By submitting a “Letter of Intent to Protest”, the Proposer has agreed that the protest procedures herein shall precede any action in a judicial or quasi-judicial tribunal regarding this Proposal. Protests that do not follow these procedures shall not be considered. The protest procedures constitute the sole administrative remedy available to the Proposer under this RFP. Upon exhaustion of this remedy no additional recourse is available.

X. TERMS AND CONDITIONS

The selected Proposer(s) will be required to enter into a formal Contract with the County. This RFP sets forth some of the general provisions which will be included in the final Contract. In submitting a response to this RFP, Proposer will be deemed to have agreed to each clause unless the Proposal identifies an objection, and County agrees to a change of language in writing. All objections to any Terms and Conditions must be listed on Attachment H – Exceptions to RFP, or any exception thereto shall be waived

A. General

1. Contract Amendments Contractor agrees any alterations, variations, modifications, or waivers of the provisions of the Contract, shall be valid only when reduced to writing, executed and attached to the original Contract and approved by the person(s) authorized to do so on behalf of Contractor and County.

2. Contract Assignability

Without the prior written consent of the County, the Contract is not assignable by Contractor either in whole or in part.

3. Attorney Fees and Costs If any legal action is instituted to enforce any party’s rights hereunder, each party shall bear its own costs and attorneys’ fees, regardless of who is the prevailing party. This paragraph shall not apply to those costs and attorney fees directly arising from a third-party legal action against a party hereto and payable under the Indemnification and Insurance Requirements.

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4. Background Checks for Contractor Personnel

Contractor shall ensure that its personnel (a) are authorized to work in the jurisdiction in which they are assigned to perform Services; (b) do not use legal or illegal substances in any manner which will impact their ability to provide Services to the County; and (c) are not otherwise disqualified from performing the Services under applicable law. If requested by the County and not in violation of applicable law, Contractor shall conduct a background check, at Contractor’s sole expense, on all its personnel providing. If requested by the County, Contractor shall provide the results of the background check of each individual to verify that the individual meets Contractor’s standards for employment. Such background check shall be in the form generally used by Contractor in its initial hiring of employees or contracting for contractors or, as applicable, during the employment-screening process but must, at a minimum, have been performed within the preceding 12-month period.

Contractor personnel who do not meet the County’s hiring criteria, in County’s sole discretion, shall not be assigned to work on County property or Services, and County shall have the right, at its sole option, to refuse access to any Contract personnel to any County facility.

5. Change of Address Contractor shall notify the County in writing of any change in mailing address within ten (10) business days of the change.

6. Choice of Law This Contract shall be governed by and construed according to the laws of the State of California.

7. Compliance with County Policy In performing the Services and while at any County facilities, Contractor personnel (including subcontractors) shall (a) conduct themselves in a businesslike manner; (b) comply with the policies, procedures, and rules of the County regarding health and safety, and personal, professional and ethical conduct; (c) comply with the finance, accounting, banking, Internet, security, and/or other applicable standards, policies, practices, processes, procedures, and controls of the County; and (d) abide by all laws applicable to the County facilities and the provision of the Services, and all additions and modifications to each of subsections (b), (c), and (d) (collectively, “County Policies”). County Policies, and additions or modifications thereto, may be communicated orally or in writing to Contractor or Contractor personnel or may be made available to Contractor or Contractor personnel by conspicuous posting at a County facility, electronic posting, or other means generally used by County to disseminate such information to its employees or contractors. Contractor shall be responsible for the promulgation and distribution of County Policies to Contractor personnel to the extent necessary and appropriate.

County shall have the right to require Contractor’s employees, agents, representatives and subcontractors to exhibit identification credentials issued by County in order to exercise any right of access under this Contract.

8. Confidentiality Contractor shall protect from unauthorized use or disclosure names and other identifying information concerning persons receiving Services pursuant to this Contract, except for statistical information not identifying any participant. Contractor shall not use or disclose any identifying information for any other purpose other than carrying out the Contractor's obligations under this Contract, except as may be otherwise required by law. This provision will remain in force even after the termination of the Contract.

9. Primary Point of Contact The Contractor will designate an individual to serve as the primary point of contact for the Contract.

Contractor or designee must respond to County inquiries within two (2) business days. Contractor shall not change the primary contact without written acknowledgement to the County. Contractor will also designate a back-up point of contact in the event the primary contact is not available.

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10. County Representative The Director of Regional Parks or his/her designee shall represent the County in all matters pertaining to the Services to be rendered under this Contract, including termination and assignment of this Contract, and shall be the final authority in all matters pertaining to the Services/Scope of Work by Contractor. If this contract was initially approved by the San Bernardino County Board of Supervisors, then the Board of Supervisors must approve all amendments to this Contract.

11. Damage to County Property Contractor shall repair, or cause to be repaired, at its own cost, all damage to County vehicles, facilities, buildings or grounds caused by the willful or negligent acts of Contractor or employees or agents of the Contractor. Such repairs shall be made immediately after Contractor becomes aware of such damage, but in no event later than thirty (30) days after the occurrence.

If the Contractor fails to make timely repairs, the County may make any necessary repairs. For such repairs, the Contractor, shall repay all costs incurred by the County, by cash payment upon demand or County may deduct such costs from any amounts due to the Contractor from the County, as determined at County’s sole discretion

12. Debarment and Suspension The Contractor certifies that neither it nor its principals or subcontracts is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. (See the following United States General Services Administration’s System for Award Management website https://www.sam.gov).