Sample_Contract_P24CA002_Silverwood_Lake_Marina.pdf

CONCESSION CONTRACT

FOR

Marina Operations

AT

Silverwood Lake State Recreation Area

STATE OF CALIFORNIA – NATURAL RESOURCES AGENCY

DEPARTMENT OF PARKS AND RECREATION

PARTNERSHIPS DIVISION

715 P STREET, 13TH FLOOR

SACRAMENTO, CA 95814

P24CA002

ConcessionaireName Concession Contract P24CA002 Silverwood Lake State Recreation Area i

Marina Operation

INDEX

1. DESCRIPTION OF PREMISES

2. CONDITION OF PREMISES

3. TERM

4. RENT

5. GROSS RECEIPTS

6. OTHER FINANCIAL REQUIREMENTS

7. USE OF PREMISES

8. LIABILITY WAIVER

9. RATES, CHARGES AND QUALITY OF GOODS AND SERVICES

10. EMPLOYEE ORIENTATION AND TRAINING

11. ALCOHOLIC BEVERAGES

12. HEALTHY FOODS INITIATIVE

13. HOUSEKEEPING, MAINTENANCE, REPAIR AND REMOVAL

14. RESOURCE CONSERVATION

15. HAZARDOUS SUBSTANCES

16. PEST CONTROL ACTIVITIES

17. UTILITIES AND SERVICES

18. EQUIPMENT

19. PERSONAL PROPERTY

20. SIGNS AND ADVERTISING

21. PHOTOGRAPHY

22. INTELLECTUAL PROPERTY RIGHTS

23. GRANT OF STATE’S TRADEMARK LICENSE

24. PARTICIPATION IN STATE PARK MARKETING PROGRAMS

25. CONSTRUCTION AND COMPLETION OF IMPROVEMENTS

26. MODIFICATIONS, ADDITIONS, TITLE TO IMPROVEMENTS

27. BONDS

28. INSURANCE

ii

29. HOLD HARMLESS AGREEMENT

30. COMPLIANCE WITH LAWS, RULES, REGULATIONS AND POLICIES

31. GEN AI REQUIREMENTS

32. DISABILITIES ACCESS LAWS

33. NONDISCRIMINATION

34. DRUG-FREE WORKPLACE

35. CONFLICT OF INTEREST

36. EXPATRIATE CORPORATIONS

37. NATIONAL LABOR RELATIONS BOARD CERTIFICATION

38. CHILD SUPPORT COMPLIANCE ACT

39. CARDHOLDER DATA SECURITY

40. RECORDS AND REPORTS

41. TAXES

42. PERFORMANCE EVALUATIONS AND INSPECTIONS

43. DEFAULT BY CONCESSIONAIRE

44. STATE’S REMEDIES

45. DEFAULT BY STATE

46. STATE BUY-OUT PROVISIONS

47. SURRENDER OF THE PREMISES; HOLDING OVER

48. NO RECORDATION; QUITCLAIM

49. ATTORNEY’S FEES

50. WAIVER OF CLAIMS

51. WAIVER OF CONTRACT TERMS

52. INTERPRETATION OF CONTRACT

53. DURATION OF PUBLIC FACILITIES

54. EMINENT DOMAIN

55. TEMPORARY TENANCY

56. SECTION TITLES

57. INDEPENDENT CONCESSIONAIRE

58. ASSIGNMENTS AND SUBCONCESSIONS

59. MODIFICATION OF CONTRACT

iii

60. UNENFORCEABLE PROVISION

61. APPROVAL OF CONTRACT

62. CONTRACT NOTICE

63. STATE’S DISTRICT SUPERINTENDENT

64. FORCE MAJEURE

65. DEFINITIONS

EXHIBIT A – THE PREMISES

EXHIBIT B – DPR 54, CONCESSIONAIRE’S MONTHLY REPORT OF OPERATION . 84

EXHIBIT C – DPR 86, CONCESSIONAIRE FINANCIAL STATEMENT

EXHIBIT D – DPR 531, CONCESSION PERFORMANCE RATING

EXHIBIT E – DRUG FREE WORKPLACE CERTIFICATION

EXHIBIT F – LICENSE/PERMISSION FOR USE OF TRADEMARKS

EXHIBIT G – CONSUMER PRICE INDEX ADJUSTMENT FORMULA

EXHIBIT H – WAIVER OF LIABILITY AND RELEASE SAMPLE FOR RENTALS

EXHIBIT I – CONCESSIONAIRE’S OPERATION PLAN

EXHIBIT J – CONCESSIONAIRE’S FACILITY IMPROVEMENT PLAN

EXHIBIT K – CONCESSIONAIRE’S VOLUNTEER WAIVER FORM

EXHIBIT L – STD 1000 (GEN AI)

STATE OF CALIFORNIA

DEPARTMENT OF PARKS AND RECREATION

For

Marina Operations

Located In

Silverwood Lake State Recreation Area

San Bernardino County

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

OF CALIFORNIA, acting through its Department of Parks and Recreation, hereinafter referred to as "State,” and ConcessionaireName DBA FictitiousBusName of

CityState, hereinafter referred to as "Concessionaire";

RECITALS

WHEREAS, California Public Resources Code section 5080.03 et seq.

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

WHEREAS, Silverwood Lake State Recreation Area is part of the state park system; and

WHEREAS, in accordance with California Public Resources Code section

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

WHEREAS, in accordance with California Public Resources Code section

5080.20(a), the State Park and Recreation Commission has reviewed the proposed services, facilities and location of the concession and determined they are compatible with the classification of the unit in which the concession will be operated; and

WHEREAS, the Legislature and the Joint Legislative Budget Committee has been notified in advance of the proposed concession in accordance to California

Public Resources Code section 5080.20(b); and

WHEREAS, pursuant to section 5080.29 of the Public Resources code, State may enter into concession contracts for the development, operation, and maintenance of marinas, for a term of up to 30 years, notwithstanding any other provision of law, if the director determines that the term authorized under this section is necessary to allow for amortization of the loan, or to serve the best interests of the state; and

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

NOW, THEREFORE, IT IS MUTUALLY AGREED BY AND BETWEEN

THE PARTIES AS FOLLOWS:

1. DESCRIPTION OF PREMISES

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

Concessionaire for the purposes stated herein, the right, privilege, and duty to develop, equip, operate, and maintain a nonexclusive concession in Silverwood Lake SRA at the location(s) as set forth within the approximate yellow outlined areas in the attached

Exhibit A (the "Premises") and further described in Section 7, Use of Premises.

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

2. CONDITION OF PREMISES

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

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

Premises except as otherwise provided for in this Contract.

3. TERM

The term of this Contract shall be for a period of thirty years (30), commencing on the first day of the month following approval by the California Department of General

Services. Should Concessionaire hold-over after the expiration of the term of this

Contract with the express or implied consent of the State, such holding-over shall be deemed to be a tenancy from month-to-month at the herein-stated prescribed rent as set forth in this Contract in Section 47 Surrender of Premises; Holding Over, with continuous Consumer Price Index adjustment, as defined below, subject otherwise to all the terms and conditions of this Contract.

4. RENT

For the first three (3) Contract Years, Concessionaire shall pay rent at ten percent (10%) of Gross Receipts, excluding fuel and oil sales.

Beginning with Contract Year 4, Concessionaire shall pay, without offset, deduction, prior notice, or demand, as "Minimum Annual Rent” the sum of twenty-five thousand dollars ($25,000) annually or ten percent (10%) of Gross Receipts, excluding fuel and oil sales, whichever sum is greater, [OPTIONAL: plus, two percent (2%) of monthly fuel and oil sales]. All Gross Receipts shall be included in the Concessionaire’s

Monthly Report of Operation also known as form DPR 54 (Exhibit B) and are subject to rent.

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

Rent ($25,000) shall be adjusted to reflect changes in the Consumer Price Index (CPI).

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

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

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

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

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

Date, and on or before the fifteenth (15th) day of each month thereafter, Concessionaire shall furnish to State a verified statement of the concession’s Gross Receipts for the preceding month. Such statement shall be submitted on DPR 54 (Exhibit B), or in a format previously approved by the State, and shall specify the current period and cumulative total of Gross Receipts for the concession through the end of the preceding month for the then current Contract Year. Concessionaire shall also provide such statement for periods of non-operation. Concurrent with such monthly statement, the

Concessionaire shall pay to State the appropriate rental fee based on the Gross

Receipts for the preceding calendar month as prescribed above. Payments to State shall be made to the order of the Department of Parks and Recreation and delivered to the District Office identified in Section 62, Contract Notice, or at such other location as may from time to time be designated by State. If, at the end of the Contract Year, the total of monthly percentage rental payments made (or due) during that Contract Year is less than the Minimum Annual Rent required for that Contract Year, the difference shall be remitted to State with the last monthly sales statement for the Contract Year.

Payments must be received by State on or before the fifteenth (15th) day of the month as described above. Any late payment shall constitute a default and breach of contract, giving rise to State's remedies as set forth below. Further, any late payment will be subject to a late penalty consisting of an administrative charge on the late amount, calculated at the rate of five percent (5%) of the amount of the late payment or portion thereof. The parties agree that the late charge represents a fair and reasonable estimate of the costs State will incur because of late payment. Acceptance of the late charge by State shall not constitute a waiver of Concessionaire's default for the overdue amount, nor prevent State from exercising the other rights and remedies granted under this Contract. Concessionaire shall pay the late charge as additional rent with the next monthly rent payment.

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

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

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

Upon written request by the Concessionaire to State demonstrating unusual or extenuating circumstances causing the late payment, the State, in its sole discretion, may waive the late charge. Further, in the event Concessionaire is prevented from carrying on the operations contemplated herein by reason of Force Majeure, as defined in Section 64, (Force Majeure) and when requested in writing in advance by

Concessionaire, Minimum Rent may be abated in proportion to the amount by which

Gross Receipts are reduced by the occurrence for such period of reduced or non-operation, as determined in the sole discretion of State.

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

Concessionaire becomes liable for any deficiency in rent and/or fees by way of damages or otherwise, or if at any time during the Contract term Concessionaire ceases to conduct in the Premises the business referred to herein below, then from and after the time of the breach causing this termination, or from and after the time of the cessation of business, all unpaid rent and/or fees prior to the breach causing termination or cessation of business shall become due and payable. The amount due shall be deemed to be the greater of: (a) the Minimum Rent provided herein, or (b) an amount based upon the average of the payments that have accrued to State as percentage rent during the twenty-four (24) months preceding the termination or cessation of business, unless the termination or cessation occurs is less than three (3) years of the beginning of the Contract term, in which event the previous twelve (12) (or fewer, if applicable) months shall be used as the basis of this average.

5. GROSS RECEIPTS

The term "Gross Receipts”, wherever used in this Contract, is intended to and shall mean all moneys, property, or any other thing of value received by or owed to

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

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

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

6. OTHER FINANCIAL REQUIREMENTS

A. Capital Improvements:

Concessionaire shall plan, design, construct, and complete all concession capital improvements as described in Concessionaire’s Facility

Improvement Plan (referred to herein as the “Capital Improvements”), attached as Exhibit J, by the end of Contract Year five (5) without cost to

State and in compliance with Contract Section 25, Guidelines for

Construction and Completion of Improvements, with a minimum expenditure of three million dollars ($3,000,000). During the first three (3)

Contract Years, Concessionaire may deduct actual expenditures spent on the Capital Improvements not to exceed three million dollars ($3,000,000) from Minimum Annual Rent owed to State. Any penalties, lien charges, and/or costs to resolve construction related disputes shall not be included in the minimum expenditure amount. The three million dollar ($3,000,000) required expenditure may not be used for the purchase of personal property. All Capital Improvements shall remain with the State at the end of this agreement. After completion of all concession capital improvements and acceptance by State, if there remains an unspent balance of the three million dollars ($3,000,000), Concessionaire shall pay this unspent balance to State as an additional rental payment no later than thirty (30) days after State’s acceptance of the concession facility improvements.

B. Timeline of Capital Improvements. Concessionaire shall complete the following:

1) By the end of month one (1) in Contract Year one (1);

a) The Beach Store and Snack Bar Complex shall be operational and open to the public.

2) By the end of Contract Year one (1):

a) The Beach Store and Snack Bar Complex shall offer for sale packaged food items, water, sodas and other beverages, basic camping and boating supplies, bait, tackle, and fishing licenses.

b) A minimum of 10 motorized fishing or pontoon boats shall be available for rent by the public.

c) Thirty (30) dock slips and twenty (20) dry storage spaces shall be available for rent by the public.

d) Concessionaire shall submit design plans for a new marina store and associated landscaping for State review and approval.

e) Concessionaire shall submit working drawings for the new marina store and associated landscaping to State for review and approval.

f) Concessionaire shall obtain all necessary permits for the new marina store and associated landscaping.

3) By the end of Contract Year two (2):

a) Concessionaire shall have a minimum of 20 motorized fishing or pontoon boats available for rent to the public.

b) Concessionaire shall offer hot and prepared food, and rental services of kayaks, canoes, pedal boats, paddleboards, Personal Watercraft (PWC), or other watercraft at the Beach

Store and Snack Bar Complex.

c) Concessionaire shall commence construction of the new marina store, which shall be completed no later than 12 months after start of construction.

4) By the end of Contract Year three (3):

a) Concessionaire shall submit design, drawings, and all necessary permits for replacing the Docking System to State for review and approval.

b) Concessionaire shall obtain approvals from State and

Department of Water Resources.

c) Concessionaire should have completed construction of the new marina store and within 30 days after starting operations at the new marina store, Concessionaire shall remove the temporary marina store and restore the area to its natural condition or approved landscape plan.

d) Concessionaire operations at new marina store shall open no later than 30 days after final inspection and issuance of a permit to occupy the Premises. Operations at the Beach

Store and Snack Bar Complex are to remain open for rentals of kayaks and paddleboards and hot and prepared food service during the summer season (Friday before memorial day through labor day) as required.

5) By the end of Contract Year five (5):

a) Concessionaire shall have the new Docking System in place and old Docking System removed.

C. Separate Funds:

Facility Maintenance and Improvement Account: No later than thirty (30) days after the Commencement Date of this contract, Concessionaire will establish a Facility Maintenance and Improvement Account (FMIA) with a financial institution licensed to do business in California and acceptable to the State. Concessionaire shall deposit in the account an amount equal to two percent (2%) of the previous month’s Gross Receipts at the same time rent is due. The account shall be interest bearing with all interest accruing to the account. The account will generate monthly account statements directly to the State.

Monies held within the FMIA shall be used for upgrades or projects, which provide for the sustainability, improvement and benefit of the park unit and the general public. Any such projects or upgrades shall be completed consistent with Section 26, Modifications, Additions, Title to

Improvements. All expenditures shall be mutually agreed upon by both parties annually. Concessionaire shall report monthly deposits and expenditures on the DPR 54.

Any balances remaining in these accounts at the end of the contract term, shall be paid to the State as an additional rental payment.

7. USE OF PREMISES

The Premises shall be used by the Concessionaire for the furnishing, equipping, operation, and maintenance of a high-quality marina concession. Concessionaire shall propose an Operation Plan and Facility Improvement Plan that shall be consistent with the Use of Premises set forth in this contract. Both plans must be approved by State, and may modify said plans as is reasonable and necessary to meet the intention of the

State for this concession operation and the mission of California State Parks. Once approved by State, Concessionaire’s Operation Plan and Facility Improvement Plan shall be attached to this contract as Exhibit I and Exhibit J, respectively.

A. Concessionaire’s required area of responsibility, as defined by approximate yellow outlines on the maps in Exhibit A, includes:

1. The Marina Complex, which is defined as all marina docks, slip rentals, ramps, gangways, cabling and anchoring systems, floating facilities in the marina, the new marina store, and the [OPTIONAL] temporary marina store.

2. The dry storage lot and maintenance yard; providing boat storage and maintenance shop.

3. The Beach Store and Snack Bar Complex provides food, beverages, boating, fishing, and camping supplies, other recreational supplies, souvenirs, and a snack bar with an outdoor picnic-style seating area. “The Beach Store and Snack Bar

Complex” shall mean the single building that houses the store and snack bar, the adjacent patio, and surrounding walkways.

4. [OPTIONAL]: Concessionaire shall construct a Temporary marina store.

i. Concessionaire has the option to place a temporary marina store within outlined area of Premises Exhibit A near the

Marina Docks. The temporary marina store shall be removed upon the opening of the new marina store and no later than

4 years after commencement of this contract;

5. [OPTIONAL] The Fuel Station located in the Marina Parking Lot and depicted in Exhibit A. References to the Fuel Station shall mean the gasoline fuel tank and the pump area. The Fuel Station can only be utilized for fueling Concession-owned vehicles and equipment. The gasoline fuel tank must be maintained and replaced by Concessionaire when necessary.

i. [OPTIONAL] Fuel sales to the public may be authorized if

Concessionaire agrees to re-design the Marina Parking Lot or add a dockside fueling station. The design must be pre-approved by the State and must ensure that the design allows the flow of traffic through the Marina Parking Lot, maintaining accessibility for emergency vehicles, and complying with State Fire Marshall and permitting requirements. The Fuel Station will become personal property of the Concessionaire, and all maintenance, replacement, and removal is the responsibility of the

Concessionaire.

6. [OPTIONAL] The Watercraft Rental Area includes the delineated area of shoreline west of Sawpit Beach for rental and storage of personal watercraft, kayaks, paddle boards, pedal boats, or other motorized or non-motorized watercraft;

B. Concessionaire shall provide the items set forth below.

1. Boat slip and mooring rentals for a minimum of thirty (30) boats.

Concessionaire shall further ensure that it complies with the requirements set forth below:

i. No boats may be over 30' maximum in length;

ii. No boats may be occupied overnight; slip holders may occupy boats during day-use hours only;

iii. Each rented boat slip shall have a designated number or letter;

iv. All docks shall be kept free of hazards for safety;

v. Fire extinguishers shall be placed intermittently on the docks for emergency use;

vi. All fire extinguishers shall be regularly maintained and inspected;

vii. All slipped vessels shall be visually inspected daily by the

Concessionaire to ensure that they are not leaking fuel, oil or waste, taking on water, and are free of any unusual conditions;

viii. In the event a vessel is taking on water or discharging any oil, gas, or hazardous materials, Concessionaire shall notify a State Park Peace Officer immediately and begin containment actions;

ix. Any vessel deemed to be inoperable, unseaworthy, or dangerous by a sworn State Park Peace Officer shall be immediately removed from the Premises by the

Concessionaire. If the Concessionaire fails to do so, the

District Superintendent or authorized representative shall arrange for such removal at the Concessionaire’s sole cost and expense. Concessionaire shall reimburse the State for those expenses along with the following month’s rent and account for expenses on Form DPR 54;

x. The Concessionaire shall have immediate access to a universal boat trailer(s) so it can remove vessels that are deemed to pose a hazardous situation to the lake;

xi. The Concessionaire shall maintain a work boat in good working order and suitable for towing at all times;

xii. The concessionaire shall notify boat owners twenty-four (24) hours after a boat is moved, damaged, loose, or could have a negative impact on public safety or park resources. If the owner fails to respond within three (3) days after receiving notice to remedy the problem boat, the Concessionaire is required to take action and correct the issue within the following twenty-four (24) hours following the third day after notice;

2. Vessel rentals of at least twenty (20) gas or electric motor-propelled vessels for fishing and riding. Concessionaire has the option to provide additional vessels for rent, including but not limited to pontoon boats, personal watercraft, ski boats, and non-motorized craft such as kayaks, paddle boards, peddle boats, or canoes.

i. Rental vessel quantities may not exceed the following:

1. Pontoon Boats – 10 maximum

2. Aluminum Fishing Boats (including Jon Boats) – 35 maximum

3. Kayaks – 12 maximum

4. Paddle Boards – 12 maximum

5. Paddle Boats – 12 maximum

6. Personal Watercraft – 10 maximum

7. Ski Boats – 5 maximum

ii. The maximum total number of all motorized rental vessels shall not exceed 40.

iii. Concessionaire shall provide all required safety equipment, including, but not limited to, United States Coast Guard approved Personal Floatation Devices (PFDs), air horns, fire extinguisher, paddles, and a throwable flotation device. A properly fitting United States Coast Guard approved PFD shall be provided for each person on board each vessel.

Children under the age of twelve (12) must wear a PFD at all times when on the vessel;

iv. All vessels, used by the public or Concessionaire shall be maintained in a safe condition and must meet equipment requirements as set forth in current California boating laws, including properly displayed vessel registration numbers and current year registration stickers;

v. Concessionaire shall provide adequate instruction to all renters to ensure basic operational knowledge of equipment rented and all safety requirements applicable to each piece of rental equipment, including any legal requirements for vessel operation;

vi. Concessionaire shall immediately report any rental vessel accidents by calling the California State Park Dispatch

Center, SURCOM at (951) 443-2969;

vii. Concessionaire shall provide rental agreements for review and signature by each renter and initialed by Concessionaire or his/her designee. The document shall include a checklist identifying any existing or new damage to the craft. The rental agreement shall also include the following boating regulations:

1. Watercraft speed is five (5) miles per hour (MPH) within two hundred (200) feet of the shoreline or swimmers, including when leaving or returning to the marina inside the marked 5 MPH zone;

2. Renters operating vessels shall observe Federal

Inland Navigation Rules, California Boating Laws, and boating regulations pursuant to the District

Superintendent’s Posted Orders. Violations of any of the above may result in termination of the rentals, expulsion from the lake, citation and/or arrest;

3. Renters shall not carry more than the prescribed number of people in any vessel;

viii. Concessionaire shall operate a dedicated phone line which shall be given to all boat renters in case of emergency.

ix. Should Concessionaire wish to rent boats or other watercraft from a location outside the current Marina Complex, Concessionaire shall provide detailed site plans that include proposed fencing, rental or storage building, equipment, and other facilities.

x. Boat towing services: Concessionaire shall provide boat towing services for rental and visitor-owned vessels.

Concessionaire may require a prepaid charge for this service, which charges will be posted in areas as approved by the District Superintendent. Concessionaire boat towing service does not preclude the performance of rescue operations by the State. Boat towing services shall be provided for all lake vessels on weekends from the Friday before Memorial Day through Labor Day. Concessionaire may charge a fee for the service and fees must be approved by State. The Concessionaire may offer this tow service on days outside of the required period. All concession employees engaged in boat towing services must be at least eighteen (18) years of age and shall possess and maintain a valid United States Coast Guard approved Assistance

Towing Endorsement. Concessionaire shall respond to towing service calls within thirty (30) minutes of the request.

Concessionaire shall have an employee on call by 8:00 A.M.

and 30 minutes past sunset a day for boat towing emergencies. After hour emergency calls shall be coordinated with State Park Peace Officers;

3. Concessionaire shall operate and maintain the Beach Store and

Snack Bar Complex. Concessionaire shall sell beach supplies, sundries, food and beverages, on-premises sales of beer, wine, and pre-mixed cocktails which must be consumed within a designated consumption area, souvenirs, clothing, and similar products normally provided at beach store facilities as well as supplies for camping, boating, fishing, fishing licenses, boating safety equipment and fire extinguishers. Concessionaire shall post signage in store advising the public that alcoholic beverage consumption is prohibited in day-use areas.

4. Concessionaire shall operate and maintain the dry storage lot and maintenance yard,

i. Dry storage slip holders may access property during park day use hours only;

ii. Each dry storage slip shall have a designated number or letter;

iii. Storage lot must be kept free of trash and unused items;

iv. Tools, equipment, supplies, and chemicals must be stored in a safe condition and in compliance with San Bernardino

County Fire Marshall;

5. [OPTIONAL]: Pending the design, construction, and completion of the new marina store, Concessionaire shall install, operate, and maintain a temporary marina and boat supply store that will offer all of the same services and amenities required of the new marina store. The temporary marina store shall be removed after opening the new marina store, but no later than the required time as stated in Section 6. Other Financial Requirements. The temporary marina store shall be located in the Premises (See Exhibit A, Image 3) and close in proximity to the new marina store. The exact location and design shall be approved by State. Concessionaire shall provide to the State building and landscaping plans and renderings for approval prior to installation.

C. Concessionaire shall develop and maintain a 24/7 marina emergency response plan submitted by January 1 of each year and approved in writing by the District Superintendent or designee.

D. Concessionaire shall provide State, for exclusive use by State, five (5) boat slips at no cost to State at location(s) agreed upon between

Concessionaire and the District Superintendent or his/her designee.

E. Concessionaire shall ensure that a competent person with access and operational knowledge of all visitor serving functions of the marina shall be on the premises at all times while the concession is in operation. If the on-site manager is someone other than the Concessionaire, State reserves the right to approve such manager.

F. Concessionaire shall supply a sufficient number of employees and have access to equipment to adequately maintain the facilities.

G. Concessionaire shall keep the marina free of litter and floating debris, which shall be hauled off-site weekly.

H. Due to fluctuating water levels which affect the physical distance guests must travel to access the marina, the Concessionaire shall be responsible for accommodating disabled guests. Concessionaire shall provide wheelchair accessible transport to and from the marina docks, upon request. The Concessionaire shall advertise the availability of this service on its website, signage, and/or other effective means. The advertisement shall include contact information of the Concessionaire so that disabled guests may inquire about this service. The Concessionaire shall offer this service year-round during its business hours, regardless of water levels.

I. Concessionaire shall have current registration stickers/vessel registration numbers properly displayed on all of its vessels and support vehicles in accordance with California boating laws.

J. Boat owners with boats berthed at the marina described herein shall be required to hold a marina pass that must be displayed on their vehicle.

Concessionaire shall have a system in place to ensure only current slip holders have marina pass access. Concessionaire shall honor all State

Park Passes, including those not purchased from Concessionaire.

K. On a monthly basis, Concessionaire shall provide State with the names, addresses, email addresses, and telephone numbers of all current long-term (2 or more months) slip holders. This information shall be submitted along with the form DPR 54.

L. Concessionaire shall require all vessels stored in slips to be currently registered. Vessels without proper registration shall be removed by vessel owner and the slip holder agreement shall be terminated. Registration verification prior to removal shall be performed.

M. Concessionaire shall be responsible for the installation and maintenance of regulatory and/or informational buoys within the Concessionaire’s area of control.

N. The sale of any live aquatic bait must come from “Quagga and Zebra

Mussel free” certified wholesalers.

O. Dock fishing shall only be permitted in a single designated location, subject to approval by State. Concessionaire must obtain pre-approval from State prior to charging any fees, which would be considered Gross

Receipts. This fishing section shall also meet State’s Accessibility

Guidelines which can be found [chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.parks.ca.gov/p ages/21944/files/2015_CSP_Accessibility_Guidelines(v3)(UNSECURED).

pdf].

P. State may hold exclusive special events, including but not limited to concerts or festivals, during the non-peak season (outside Memorial Day to Labor Day), where the public will not have access to the park, including the marina area for up to three days. The special event permittee will be required to buyout those days with the concessionaire to make up for lost revenue. The buyout shall be based upon previous year’s sales history.

Q. Concessionaire shall notify State no later than twenty-four (24) hours after any cable breaks, mooring system failures, or damage to a park user’s property. Concessionaire shall immediately report all injuries sustained by park users to the California State Park Dispatch Center, SURCOM at

(951) 443-2969.

R. Concession services for the Beach Store and Snack Bar Complex and docks shall be provided seven (7) days a week at the hours listed in the tables below or when the unit closes, whichever is earlier, during each year of the Contract at minimum.

Beach Store and Snack Bar Complex

DATES DAYS* HOURS*

Fall/Winter Season:

October 1 – March 31

Daily 8:00 a.m. - 4:00 p.m.

Spring/Summer Season:

April 1 – September 30

Monday - Thursday Friday - Sunday

7:00 a.m. - 5:00 p.m.

7:00 a.m. - 7:00 p.m.

Snack Bar:

Friday before Memorial Day through September 30

Friday - Sunday 11:00 a.m. - 5:00 p.m.

*While Beach Store and Snack Bar Complex is the primary operations these are the minimum required days and hours.

S. If Concessionaire chooses to operate a temporary marina store, Concession services for the temporary marina store's hours of operation must be approved by the State. Concessionaire shall obtain approval from

State prior to making any adjustments in hours of operation for the Beach

Store and Snack Bar Complex.

T. Concession services for the new marina store within Marina Complex shall be provided seven (7) days a week at the hours listed in the table below or when the unit closes, whichever is earlier, during each year of the

Contract.

New Marina Store within Marina Complex

DATES DAYS* HOURS*

Fall/Winter Season:

October 1 – March 31

Daily 8:00 a.m. - 4:00 p.m.

Spring/Summer Season:

April 1 – September 30

Monday - Thursday Friday - Sunday

7:00 a.m. - 5:00 p.m.

7:00 a.m. - 7:00 p.m.

*Operating days and hours may be adjusted and approved by the State and included as an exhibit.

U. Concession services for the Beach Store and Snack Bar Complex, once the new marina store is open, shall be provided seven (7) days a week at the hours listed in the table below or when the unit closes, whichever is earlier, during each year of the Contract at minimum.

Beach Store and Snack Bar Complex

DATES DAYS HOURS*

Friday before Memorial

Day through September 30

Friday-Sunday 10:00 a.m. - 6:00 p.m.

*Snack Bar may open one hour after and close one hour before Beach Store

V. In the event State deems the hours of operation inadequate for proper service to the public, State may require Concessionaire to adjust the days and/or hours of operation to a schedule provided State. Concessionaire may remain open on other dates, observing same (or longer) hours, at

Concessionaire's discretion with the concurrence of State. In the event of adverse weather or other operating conditions, State may permit the concession to close at any time during the term of this Contract. Where safety or health violations are present or where there has been a lapse in insurance or bond coverage, the District Superintendent shall require a concession to temporarily close for business. The concession shall not be allowed to reopen until the violations and/or deficiencies have been corrected to the satisfaction of the State.

After-hours security is recommended and is the responsibility of the

Concessionaire. The State highly recommends 24-hour security presence including a robust surveillance system and audible alarms to protect the facility. Any security agent must be identifiable to the public but wear a uniform that does not mimic or represent State Park employees. After daily closure, no visitors or slip tenants shall be allowed in the Marina

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

Concessionaire shall ensure a competent person shall be on the

Premises at all times while the concession is in operation. If

Concessionaire chooses to have an on-site manager who is other than the

Concessionaire, State reserves the right to approve such manager.

8. LIABILITY WAIVER

Concessionaire shall require that a liability waiver, equivalent to the waiver attached hereto as Exhibit H, Waiver of Liability and Release and incorporated herein by this reference, be executed between Concessionaire and each concession patron prior to the start of each equipment rental and wet slip rental. Such waiver is subject to the State’s approval and shall release State, its officers, employees, and agents from any liability resulting from any claim associated with services, equipment, and activities provided and facilitated on each equipment rental and wet slip rental. The liability waiver text shall be provided in advance to the concession patron in either hard copy or electronic form and must be signed by every person participating in each rental within the Premises as permitted in this Contract. Concessionaire shall make signed liability waivers available to State inspection and shall provide copies upon request. All waivers required under this Contract shall comply with any and all conditions precedent to insurance coverage under the policies required herein. In the event Concessionaire requires indemnification and hold harmless provisions in its lease agreements for boat slips, Concessionaire shall ensure State is indemnified and held harmless to the same extent as Concessionaire.

9. RATES, CHARGES AND QUALITY OF GOODS AND SERVICES

Concessionaire shall staff, operate, manage, and provide all goods, services, and facilities offered in a first-class manner and comparable to other high-quality concessions providing similar facilities and services. State reserves the right to prohibit or modify the sale or rental of any item, accommodation, or service for public safety and/or to ensure that the public receives, in the State’s view, fair pricing, proper service, and appropriate quality. Any changes to rates or charges to park visitors proposed by

Concessionaire shall be submitted in writing for the State’s approval but does not require a formal amendment to the contract. Rate changes may not be imposed retroactively.

10. EMPLOYEE ORIENTATION AND TRAINING

All concession employees, staff, and volunteers shall receive training to include an orientation on the State Park System, and local points of interest, provided by

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

Concessionaire’s Employee Training/Orientation Program is subject to approval by the

State.

Concessionaire shall train all Concession employees, staff, and volunteers in understanding the history, resources and culture of Silverwood Lake State Recreation

Area and expectations for customer service, which shall include disability awareness and how to accommodate visitors with disabilities.

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

Superintendent or designee to undergo a background check, including references and fingerprints, to ensure that the individual has an acceptable record as a law-abiding citizen. Positions of special trust include, but are not limited to, those members of concessionaire’s staff that will have direct contact with minors, the elderly, special-needs persons or other vulnerable populations. The background check must comply with all California laws pertaining to background checks including but not limited to

California Government Code sections 12952 and Labor Code section 432.7. The background checks shall be equivalent to the California Department of Justice’s Live-

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

11. ALCOHOLIC BEVERAGES

Concessionaire may sell beer, wine, and distilled spirits at the Beach Store and

Snack Bar Complex and marina stores for “on the Premises” and “off the Premises” consumption. All drinks need to be approved by the State. Concessionaire may sell beer, wine, and distilled spirits, in manufacturer-sealed containers (e.g. sealed cans or bottles) for off-the-Premises consumption as long as the order is picked up from the

Beach Store and Snack Bar Complex or the marina stores by the consumer and proper identification is displayed. If alcoholic beverages are prohibited from consumption in the park unit (other than the Premises), this section is not intended to waive that rule or regulation. No other alcoholic beverages shall be sold. Concessionaire shall ensure a competent adult person twenty-one (21) years of age or over shall be present on the

Premises where alcoholic beverages are allowed to be sold at all times to supervise the sale of alcoholic beverages. Further, the sale of alcoholic beverages shall be subject to any regulations established for the State Park System by the Director of the Department of Parks and Recreation and the regulations established by the Department of Alcoholic

Beverage Control. Upon termination of this Contract, the Concessionaire shall transfer any alcohol licenses associated with this concession to the future concessionaire pursuant to the processes established by the Department of Alcohol Beverage Control;

any sale of said licenses from the Concessionaire to the future concessionaire shall not exceed the Concessionaire’s costs to obtain the licenses.

12. HEALTHY FOODS INITIATIVE

As the primary food providers in California State Parks, participation by concessionaires in the State’s efforts to promote healthy and sustainable food practices is critical. To that end and in accordance with State’s mission to provide for the health of

Californians, Concessionaire shall promote the importance of healthy, locally and sustainably grown, organic foods, and shall use sustainable practices, organic ingredients, and recycled products whenever possible. These practices shall include the following:

A. To the extent possible, Concessionaire shall develop a network of local farmers and ranchers who are dedicated to sustainable agriculture and can assure a steady supply of pure and fresh ingredients.

B. Concessionaire shall offer a selection of food and beverage items that conform to the definition of healthy foods as defined by the U.S.

Department of Agriculture and the Food and Drug Administration in the

Code of Federal Regulations, Title 9, Section 317 and Title 21, Section

101.

1) Concessionaire shall offer a selection of beverages with no sugar added, such as bottled water, natural fruit juices, and tomato juice.

2) To the extent possible, Concessionaire shall provide food products that are as pure and natural as possible, without synthetic additives, pollutants, or unnecessary packaging and marketing.

13. HOUSEKEEPING, MAINTENANCE, REPAIR AND REMOVAL

During the term of this Contract at Concessionaire's own cost and expense, Concessionaire shall maintain the Premises and areas in, on, or adjacent to a distance of not less than twenty-five (25) feet, including personal property and equipment, in a clean, safe, wholesome, and sanitary condition free of trash, garbage, or obstructions of any kind. Removal and disposal of all rubbish, refuse, and garbage resulting from concession's operations shall be the Concessionaire’s responsibility and shall be disposed of outside the park unit and in accordance with applicable laws and local ordinances. All trash containers and/or trash bins shall be adequately screened to the satisfaction of State. Concessionaire shall remedy without delay any defective, dangerous, or unsanitary conditions.

A. Housekeeping: Housekeeping activities are defined as all those activities concerned with keeping facilities clean, neat, and orderly, and includes, but is not limited to, mowing, raking, sweeping, vacuuming, mopping, stripping, waxing, dusting, wiping, washing, hosing, and other general care or cleaning of interior and exterior floors, walls, ceilings, doors, windows, facility fixtures, and all adjacent grounds and walks. Concession housekeeping shall conform to

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

Operations Manual.

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

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

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

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

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

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

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

14. RESOURCE CONSERVATION

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

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

Contract Codes §12161 and 12200 et seq. Reusable and recyclable products are preferred over "throwaways.” Where disposable products are needed, sustainable packaging shall be used in accordance with the

Sustainable Packaging Act of 2018 (SB 1335). No Styrofoam containers or other non-biodegradable containers are to be used or sold by

Concessionaire. The use of "post-consumer" recycled products is encouraged wherever possible.

The Concessionaire…