Operation and Management of State Park System PropertiesConcessions
Section § 5080.02
This section of the law defines specific terms used in the related article. 'Board' refers to the State Public Works Board. 'Commission' means the State Park and Recreation Commission. 'Contract' is a contract related to the building, upkeep, and management of a concession.
Section § 5080.03
This law allows the department to make contracts with individuals and various entities for running concessions, which are like small businesses, in state parks. These concessions should be used to make parks safer and more enjoyable for visitors, and to improve recreational and educational experiences. However, the goal of these concessions shouldn’t just be to make money. If a state park has a general development plan, any new concession must match that plan to maintain consistency within the park.
Section § 5080.05
If a contract allows someone to use part of the state park system for over three years, it must go to the best responsible bidder, unless specified otherwise in Section 5080.16.
The best responsible bidder is determined by the department and must meet certain standards. These include operating the concession according to the contract, aligning with the park's characteristics and themes, serving the state's and public's best interests, and protecting state park trademarks and service marks.
Section § 5080.06
If the state wants to rent out a part of its park system to a concessionaire for more than three years, they need to put together a formal invitation for bids. This document should explain the basic terms of the lease, so potential renters can focus solely on what they'll pay. Normally, they'll set a minimum rent, unless the service offered is very unique and setting a minimum isn't practical. They might also skip the minimum rent to attract better offers for the state. All bids have to follow the guidelines in this invitation.
Section § 5080.07
This section of the law requires the state to give public notice before awarding contracts for businesses to use property in California state parks for more than two years.
The Department of Parks and Recreation must advertise these opportunities widely through public media, including newspapers in relevant counties and major metropolitan areas, to ensure enough potential bidders see it.
If the contract could attract out-of-state interest, extra steps must be taken to inform out-of-state bidders.
The notice must include details on where to get bid forms, as well as the time and place of bid submissions and openings, and a general description of the business opportunity available.
Section § 5080.08
This law requires potential bidders for certain projects to submit a detailed questionnaire and financial statement, outlining their financial abilities and experience with similar businesses. These documents must be verified under oath.
The information in these questionnaires and financial statements is kept confidential and is not available for public viewing. However, if there are false statements, this information can be used by the state in legal actions.
Section § 5080.09
This law requires that all bids must be submitted in a sealed envelope to ensure confidentiality.
Section § 5080.10
This law states that once the deadline for opening bids passes, no more bids can be accepted, regardless of whether they have actually opened the bids yet.
Section § 5080.11
Before the deadline set for opening bids, a bidder can withdraw their bid if they submit a written request to do so, signed by themselves or their authorized representative. However, withdrawing a bid doesn't stop them from submitting a new one before the bid opening deadline. Once the deadline passes, bids cannot be withdrawn.
Section § 5080.12
When the day mentioned in the public notice arrives, the department will open the sealed bids in front of everyone. They will review and analyze these bids carefully. After at least 15 days from opening the bids, they can choose to award the contract to the bidder they decide is the most qualified and reliable.
Section § 5080.13
If the winning bidder doesn't sign the contract and provide necessary bonds and insurance within 30 days, they may be seen as refusing the contract. If this happens, the state can offer the contract to the second-place bidder. If the second-place bidder also fails to sign, the state can then offer it to the third-place bidder.
Section § 5080.14
If the person in charge thinks accepting a bid isn't good for the state's interests, they have the power to turn down all the bids.
Section § 5080.15
If someone submits a bid and makes a mistake in it, they cannot back out or change their bid because of that error.
Section § 5080.16
This law allows the director to negotiate or change contracts for state park concessions if it's best for the state and certain conditions exist. First, if the normal bidding process fails to find a suitable bidder, the director can intervene. They can also extend current contracts if doing so means adding necessary facilities at no cost to the state, which are needed due to increased usage. If the success of a concession relies on both public park land and adjacent private land, negotiations are permitted. Special knowledge or skills for particular state park purposes may also justify negotiation. Emergencies or unforeseen events harming the concession, like natural disasters or park closures, are another reason for renegotiation. Finally, if the cost of running a bid process is more than the expected revenue, the director can negotiate directly.
Section § 5080.17
This law outlines the approval process for contracts related to state parks. Any contract awarded through bidding, proposals, or negotiations must be approved by both the Attorney General and the Director of General Services to confirm they meet legal and state requirements. However, if a contract grants occupancy in a state park for more than one year, only then is the Director of General Services' approval necessary, according to Section 11005.2.
Section § 5080.18
This law outlines the terms and conditions for concession contracts related to public lands. These contracts generally last up to 10 years, but can be extended to 20 or 50 years in specific cases, such as when significant capital improvements are needed or when it serves the state's best interests. Contracts at Will Rogers State Beach and Old Town San Diego State Historic Park have special provisions for longer terms and required improvements.
Concessionaires must be financially transparent, maintain liability insurance, and are prohibited from discrimination. Any changes to contracts must be in writing. If a contract is terminated due to a major breach, the state is not obligated to buy any improvements made. Concessionaires who make wrongful trademark claims may lose bidding rights and may have to pay the state's legal costs if they file applications in bad faith.
Section § 5080.19
This section outlines how the state manages rental agreements for concessions on public land. The department needs to regularly check market rents to ensure they’re getting the best returns. The rent collected from these concessions should match current market rates unless the state decides a particular service is essential and can't be offered at those rates. Seasonal operations should have rental terms that match their operating seasons. Finally, rent can be either a fixed amount or a percentage of sales, with exceptions where the concessionaire provides valuable services that the department would typically handle.
Section § 5080.20
Before contracts for concessions involving over $1 million are made or changed on public lands, several steps must be taken. First, the commission must confirm that the services and facilities fit the rules for the area. Next, the director has to notify key legislative committees 30 days in advance. Lastly, there has to be enough paperwork to prove the concession's terms are clear and that it's financially sound.
Section § 5080.21
This law requires that every year, the department must provide a detailed report about all new concession agreements they made in the past fiscal year. The report should include the details of each contract and the terms under which each concession was advertised for bids.
Section § 5080.22
If you get a contract to manage services at a state park in California, you can't claim a trademark on the park's name or its resources. This rule reflects existing laws.
You're disqualified from bidding if you've wrongfully claimed such trademarks, especially if a court finds your claim unreasonable and made in bad faith. The law also ensures you get a chance to challenge a contract denial with a formal hearing.
From January 1, 2017, any contract provision breaking this rule is void. However, this doesn't affect trademark rights you had before the contract was awarded.
Section § 5080.23
This law allows the director of the California State Parks to award concession contracts for over three years to those who make the best proposal, skipping the usual process, if it's in the state's best interests. This applies to contracts from October 1, 1994, onward. A detailed request for proposal (RFP) must be prepared, outlining the contract terms for those interested in running a concession within the state parks. If the expected investment or sales exceed $1 million, additional contracting rules apply. The "best responsible person or entity" is defined by department standards and should serve the state's and public's interests best.
Section § 5080.24
This law allows for an interim agreement between the department and the Pacific Grove-Asilomar Operating Corporation, similar to a previously canceled contract but with specific modifications. The compensation for the corporation's general manager is determined by the state's annual budget. The corporation must continue managing prices and bookings beyond the interim period. Meetings must comply with open meeting laws, and the board is classified as a state body. All business and financial records, except certain personal information, are public and must adhere to public records laws.
Section § 5080.25
This law outlines the requirements for contracts related to the concessions at the Asilomar Conference Grounds in California. The department must enter into contracts for construction, maintenance, and operation, ensuring the concessions are handled properly. The contracts must be submitted to the Legislature for review before being advertised or significantly changed.
The concessionaire, or contractor, is responsible for paying for administrative costs and improvements, which will remain the state’s property. They also need to honor existing reservations and give hiring preference to current employees of the previous operating corporation. The contract should prioritize protecting natural and cultural assets.
Both nonprofit and for-profit organizations can bid, and the contract must comply with open meeting laws. Financial records must be public, excluding personal information. Additionally, tax contributions from bidders should be considered in evaluating bids. Any extra revenue from the contract goes to the State Parks and Recreation Fund.
Section § 5080.26
This section outlines the process for publicizing requests for proposals (RFPs) for concession contracts in the California state park system that last longer than two years. When such a contract is being sought, the requesting department must advertise the RFP through various public channels to ensure it receives widespread attention.
The department is required to publish this notice at least once a week for two weeks in a local newspaper and in a major daily newspaper in the nearest metropolitan area. If the concession might interest out-of-state candidates, the department can provide wider advertisement to attract them. The notice must include where proposals can be obtained, key dates, and a brief description of the concession.
Section § 5080.28
This law allows the relevant department to negotiate and extend an existing hotel concession contract at Columbia State Park for up to two additional years, regardless of other laws. Once the extension ends, they must follow a bidding process to award the concession to a new operator.
Section § 5080.29
This law allows the department to make concession contracts for building and running marinas. These contracts can last up to 30 years. This longer term is permitted if it's needed for paying off loans or benefits the state in a significant way.