Section § 5080.02

Explanation

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.

As used in this article, the following terms shall have the following meanings:
(a)CA Public Resources Code § 5080.02(a) “Board” means the State Public Works Board.
(b)CA Public Resources Code § 5080.02(b) “Commission” means the State Park and Recreation Commission.
(c)CA Public Resources Code § 5080.02(c) “Contract” means a contract for the construction, maintenance, and operation of a concession.

Section § 5080.03

Explanation

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.

(a)CA Public Resources Code § 5080.03(a) The department may enter into contracts with natural persons, corporations, partnerships, and associations for the construction, maintenance, and operation of concessions within units of the state park system for the safety and convenience of the general public in the use and enjoyment of, and the enhancement of recreational and educational experiences at, units of the state park system.
(b)CA Public Resources Code § 5080.03(b) Concessions shall not be entered into solely for their revenue producing potential.
(c)CA Public Resources Code § 5080.03(c) With respect to any unit of the state park system for which a general development plan has been approved by the commission, any proposed concession at that unit shall be compatible with that plan.

Section § 5080.05

Explanation

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.

(a)CA Public Resources Code § 5080.05(a) Except as provided in Section 5080.16, all contracts authorizing occupancy of any portion of the state park system for a period of more than three years shall be awarded to the best responsible bidder.
(b)CA Public Resources Code § 5080.05(b) “Best responsible bidder” means the bidder, as determined by specific standards established by the department, that, as determined by the department, will operate the concession (1) consistent with the contract, (2) in a manner fully compatible with, and complementary to, the characteristics, features, and theme of the unit in which the concession will be operated, (3) in the best interests of the state and public, and (4) in a manner that protects the state’s trademark and service mark rights in the names associated with a state park venue and its historical, cultural, and recreational resources. For purposes of this section, a bidder who would be subject to subdivision (b) of Section 5080.22 is not a best responsible bidder.

Section § 5080.06

Explanation

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.

For a contract authorizing occupancy by the concessionaire for a period of more than three years of any portion of the state park system, the department shall prepare an invitation to bid, which shall include a summary of the terms and conditions of the concession sufficient to enable persons to bid solely on the basis of rates to be paid to the state. The invitation to bid shall specify the minimum acceptable rent, except in instances in which a minimum acceptable rent cannot be ascertained because of the novelty or uniqueness of the service or facility to be provided or in instances in which the department has determined that a better return to the state can be secured by not specifying a minimum acceptable rent. Bids shall be made only on the basis of the invitation to bid.

Section § 5080.07

Explanation

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.

(a)CA Public Resources Code § 5080.07(a) Notwithstanding the provisions of Sections 11080 and 11081 of the Government Code, public notice to bidders shall be given of all proposed contracts authorizing the occupancy of property in the state park system for a period of more than two years, as follows:
(1)CA Public Resources Code § 5080.07(a)(1) The department shall advertise the notice through appropriate public media to the extent that the department determines is sufficient to provide adequate coverage.
(2)CA Public Resources Code § 5080.07(a)(2) The department shall publish an advertisement for bid at least once a week for two consecutive weeks in a newspaper of general circulation in the county in which the concession is to operate and in a major daily newspaper in the closest metropolitan area.
(3)CA Public Resources Code § 5080.07(a)(3) If the director determines that, in view of the type of concession involved, the public interest would be best served by the solicitation of bids from out-of-state bidders, he or she shall give such additional notice as he or she finds is best suited to attract bids from out-of-state bidders.
(b)CA Public Resources Code § 5080.07(b) The published notice shall state where bid forms may be obtained, the time and place for the receiving and opening of sealed bids, and shall describe, in general terms, the concession to be operated.

Section § 5080.08

Explanation

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.

(a)CA Public Resources Code § 5080.08(a) The department shall require from prospective bidders answers to questions contained in a standard form of questionnaire and financial statement, including a complete statement of the prospective bidder’s financial ability and experience in maintaining and operating similar or related concessions or business activities. When completed, the questionnaire and financial statement shall be verified under oath by the bidder.
(b)CA Public Resources Code § 5080.08(b) The questionnaires and financial statements are confidential and are not open to public inspection. However, this subdivision shall not be construed to prevent reference thereto or use thereof in a civil action or a criminal prosecution by the state for a false statement contained therein.

Section § 5080.09

Explanation

This law requires that all bids must be submitted in a sealed envelope to ensure confidentiality.

All bids shall be presented under sealed cover.

Section § 5080.10

Explanation

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.

Whether or not bids are opened exactly at the time fixed in the public notice for opening bids, a bid shall not be received after that time.

Section § 5080.11

Explanation

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.

Any bid may be withdrawn at any time prior to the time fixed in the public notice for the opening of bids, but only by written request of the withdrawal of the bid filed with the director. The request shall be signed by the bidder or by an authorized representative. The withdrawal of a bid does not prejudice the right of a bidder to file a new bid prior to the date and time set for the opening of bids.
This section does not authorize the withdrawal of any bid after the time fixed in the public notice for the opening of bids.

Section § 5080.12

Explanation

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.

On the day named in the public notice, the department shall publicly open the sealed bids. The department shall carefully study and analyze all bids and, on or after the 15th day after the bids are opened, may award the concession to the bidder then determined to be the best responsible bidder.

Section § 5080.13

Explanation

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.

If the successful bidder does not sign and deliver the contract within 30 days of receipt thereof and does not provide the state with a bond or other surety and evidence of insurance required thereunder, and on the time limit presented, the department may elect to treat that omission as a refusal to execute the contract. If the director deems it is for the best interests of the state, he or she may, on the refusal or failure of the successful bidder to execute the contract, award it to the second best responsible bidder.
If the second best responsible bidder fails or refuses to execute the contract, the director may likewise award it to the third best responsible bidder.

Section § 5080.14

Explanation

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.

If the director deems that the acceptance of any bid is not for the best interests of the state, he or she may reject all bids.

Section § 5080.15

Explanation

If someone submits a bid and makes a mistake in it, they cannot back out or change their bid because of that error.

A bidder shall not be relieved of his or her bid and no change shall be made in his or her bid because of mistakes.

Section § 5080.16

Explanation

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.

If the director determines that it is in the best interests of the state, the director, upon giving notice to the commission, may negotiate or renegotiate a contract, including terms and conditions, when one or more of the following conditions exist:
(a)CA Public Resources Code § 5080.16(a) The bid process as prescribed in this article has failed to produce a best responsible bidder.
(b)CA Public Resources Code § 5080.16(b) The negotiation or renegotiation would constitute an extension of an existing contract obtained through the process required by this article and the extended contract would provide for substantial and additional concession facilities, which would be constructed at the sole expense of the concessionaire and which are set forth in the general plan for the unit and are needed to accommodate existing or projected increased public usage.
(c)CA Public Resources Code § 5080.16(c) Lands in the state park system administered by the department and lands under the legal control of the prospective concessionaire are so situated that the concession is dependent upon the use of those public and private lands for the physical or economic success, or both, of the concession.
(d)CA Public Resources Code § 5080.16(d) Whenever a concession is desired for particular interpretive purposes in a unit of the state park system and the prospective concessionaire possesses special knowledge, experience, skills, or ability appropriate to the particular interpretive purposes.
(e)CA Public Resources Code § 5080.16(e) Whenever the concession has been severely and adversely impacted through no fault of the concessionaire by an unanticipated calamity, park closure, major construction, or other harmful event or action, including, but not limited to, drought, restricted access, and fires.
(f)CA Public Resources Code § 5080.16(f) Whenever the estimated administrative costs for the bid process exceed the projected annual net rental revenue to the state.

Section § 5080.17

Explanation

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.

(a)CA Public Resources Code § 5080.17(a) Every contract awarded pursuant to the bidding requirements of this article, pursuant to the request for proposal process specified in Section 5080.23, or negotiated or renegotiated pursuant to Section 5080.16, shall be submitted to the Attorney General for approval for legal sufficiency and to the Director of General Services for approval pursuant to Section 11005.2 of the Government Code, the requirements of which are the only requirements applicable to the approval of contracts entered into pursuant to this article. The concession contract is not binding on the state until approved by the Attorney General and the Director of General Services.
(b)CA Public Resources Code § 5080.17(b) Notwithstanding Section 11005.2 of the Government Code and subdivision (a) of this section, the approval of a concession contract by the Director of General Services shall not be required unless the concession contract authorizes occupancy of a unit of the state park system for a period of more than one year.

Section § 5080.18

Explanation

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.

A concession contract entered into pursuant to this article shall contain, but is not limited to, all of the following provisions:
(a)Copy CA Public Resources Code § 5080.18(a)
(1)Copy CA Public Resources Code § 5080.18(a)(1) The maximum term shall be 10 years, except that a term of more than 10 years may be provided if the director determines that the longer term is necessary to allow the concessionaire to amortize improvements made by the concessionaire, to facilitate the full use of a structure that is scheduled by the department for replacement or redevelopment, or to serve the best interests of the state. The term shall not exceed 20 years without specific authorization by statute. Except as provided in Section 5080.16, all renewals of concession contracts pursuant to this paragraph shall be subject to competitive bidding requirements.
(2)CA Public Resources Code § 5080.18(a)(2) The maximum term shall be 50 years if the concession contract is for the construction, development, and operation of multiple-unit lodging facilities equipped with full amenities, including plumbing and electrical, that is anticipated to exceed an initial cost of one million five hundred thousand dollars ($1,500,000) in capital improvements in order to begin operation. The term for a concession contract described in this paragraph shall not exceed 50 years without specific authorization by statute. Except as provided in Section 5080.16, all renewals of concession contracts pursuant to this paragraph shall be subject to competitive bidding requirements.
(3)Copy CA Public Resources Code § 5080.18(a)(3)
(A)Copy CA Public Resources Code § 5080.18(a)(3)(A) Notwithstanding paragraph (1), a concession agreement at Will Rogers State Beach may be awarded for up to 50 years in length without specific authorization by statute, upon approval by the director and pursuant to a determination by the director that the longer term is necessary to allow the concessionaire to amortize improvements made by the concessionaire that are anticipated to exceed one million five hundred thousand dollars ($1,500,000) in capital improvements.
(B)CA Public Resources Code § 5080.18(a)(3)(A)(B) Notwithstanding any other law or any other agreement, in furtherance of a concession agreement, pending concession agreement, or amendment to a concession agreement between the County of Los Angeles and a private entity at the state-owned Will Rogers State Beach, development or renovation of capital improvements, whether public or private, and related public access and recreation improvements shall be exempt from any municipal demolition, grading, building, or discretionary permits required by state law or municipal building and zoning codes or from approvals by municipal agencies and shall be subject only to the approval by the County of Los Angeles and a coastal development permit or amendment to a coastal development permit from the California Coastal Commission.
(4)CA Public Resources Code § 5080.18(a)(4) Notwithstanding paragraph (2), the department may negotiate the term of the existing concession contract with the Crystal Cove Management Company to extend the term of that contract up to an additional 20 years, if the director determines that this term extension is necessary to allow Crystal Cove Management Company to qualify and complete requirements for rehabilitation tax credits pursuant to Section 47 of Title 26 of the United States Code for the rehabilitation of historic structures to facilitate and support the Phase III restoration of the 17 historic cottages at Crystal Cove State Park. This rehabilitation shall include the construction, development, and operation of multiple-unit lodging facilities equipped with full amenities, including plumbing and electrical. Negotiated terms pursuant to this subdivision shall be based on the value of the term’s extension, and may include, but are not limited to, an increased rental rate as consideration for the extended term. All moneys invested by third parties in connection with receipt of these rehabilitation tax credits shall be used for the construction, development, and operation of the Phase III restoration of the 17 historic cottages at Crystal Cove State Park.
(5)Copy CA Public Resources Code § 5080.18(a)(5)
(A)Copy CA Public Resources Code § 5080.18(a)(5)(A) Notwithstanding paragraph (2), the department may negotiate a concession contract, for a term of not more than 30 years, or an extension of an existing concession contract, for a term of up to an additional 30 years, and may negotiate other terms, including, but not limited to, rent, based on the value of the term or the term’s extension as consideration for the Mexican Commercial Corner, El Opal Restaurant, and Casa de Bandini and The Cosmopolitan Hotel and Restaurant at Old Town San Diego State Historic Park.
(B)CA Public Resources Code § 5080.18(a)(5)(A)(B) The property known as El Fandango and other adjacent properties may be added to the concession premises to enable increased pedestrian access.
(C)CA Public Resources Code § 5080.18(a)(5)(A)(C) The terms of the concession contract or the extension of an existing concession contract shall require the concessionaire to provide for capital improvements of substantial and additional concession facilities, and improvements of existing concession facilities, to be constructed at the sole expense of the concessionaire, that are consistent with the general plan for Old Town San Diego State Historic Park and are needed to accommodate existing or projected increased public usage. The minimum amount of the capital improvements shall be negotiated between the department and the concessionaire and shall be no less than three million dollars ($3,000,000). The capital improvements shall be the sole property of the state. The capital improvements may include, but are not limited to, both of the following:
(i)CA Public Resources Code § 5080.18(a)(5)(A)(C)(i) The demolishment and reconstruction of the property known as El Fandango. This space may include both indoor and outdoor concession and interpretive opportunities.
(ii)CA Public Resources Code § 5080.18(a)(5)(A)(C)(ii) The construction of pedestrian access between the properties known as the Land of the First People exhibit area and the historic core of Old Town San Diego State Historic Park.
(D)CA Public Resources Code § 5080.18(a)(5)(A)(D) Upon the termination of the concession contract or upon the termination of an existing concession contract that was extended, the concession shall be put out to bid in accordance with the bidding requirements of this article.
(b)CA Public Resources Code § 5080.18(b) Every concessionaire shall submit to the department all sales and use tax returns and, at the request of the department, provide an annual financial statement prepared or audited by a certified public accountant.
(c)CA Public Resources Code § 5080.18(c) Every concession shall be subject to audit by the department.
(d)CA Public Resources Code § 5080.18(d) A performance bond shall be obtained and maintained by the concessionaire. In lieu of a bond, the concessionaire may substitute a deposit of funds acceptable to the department. Interest on the deposit shall accrue to the concessionaire.
(e)CA Public Resources Code § 5080.18(e) The concessionaire shall obtain and maintain in force at all times a policy of liability insurance in an amount adequate for the nature and extent of public usage of the concession and naming the state as an additional insured.
(f)CA Public Resources Code § 5080.18(f) Any discrimination by the concessionaire or the concessionaire’s agents or employees against any person because of the marital status or ancestry of that person or any characteristic listed or defined in Section 11135 of the Government Code is prohibited.
(g)CA Public Resources Code § 5080.18(g) To be effective, any modification of the concession contract shall be evidenced in writing.
(h)CA Public Resources Code § 5080.18(h) Whenever a concession contract is terminated for substantial breach, there shall be no obligation on the part of the state to purchase any improvements made by the concessionaire.
(i)CA Public Resources Code § 5080.18(i) If a concessionaire makes a legal claim or assertion to have a trademark or service mark interest in violation of subdivision (a) of Section 5080.22, the concessionaire shall forfeit the right to bid on future state park concession contracts to the extent authorized by federal law.
(j)CA Public Resources Code § 5080.18(j) If a current or former concessionaire in bad faith files a federal or state trademark or service mark application for a trademark or service mark that incorporates or implies an association with a state park venue, or its historical, cultural, or recreational resources, and the state files a successful opposition or cancellation with respect to that trademark or service mark application, the concessionaire shall be responsible for the state’s attorney fees, costs, and expenses associated with that opposition or cancellation.

Section § 5080.19

Explanation

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.

(a)CA Public Resources Code § 5080.19(a) In order to assure the best possible return from concessions, the department shall periodically survey, and obtain advice and information from professional property managers regarding, the commercial rental market for public and private properties in areas where concessions exist or are expected to be authorized and compile information therefrom, and shall use that information for the purposes of Section 5080.06 and subdivision (b) of this section.
(b)CA Public Resources Code § 5080.19(b) Rent and other returns received from concessions shall reflect current commercial rental market conditions, except in instances when the director has determined that a particular service or facility needs to be furnished to the public and that service or facility cannot be furnished except at less than a fair market value rate of return to the state.
(c)CA Public Resources Code § 5080.19(c) Rental terms of concessions that operate seasonally shall reflect the seasonal characteristics of those concessions.
(d)CA Public Resources Code § 5080.19(d) Rent shall be paid on the basis of the higher of a flat monthly amount or a percentage of gross sales, except in those instances in which part of the compensation paid by a concessionaire consists of the value assigned to services performed by the concessionaire on behalf of the department and those services are of a type normally performed by departmental personnel.

Section § 5080.20

Explanation

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.

A contract, including a contract entered into on lands operated pursuant to an agreement entered into under Article 2 (commencing with Section 5080.30), that is expected to involve a total investment or estimated annual gross sales in excess of one million dollars ($1,000,000), shall not be advertised for bid, negotiated, renegotiated, or amended in any material respect unless and until all of the following requirements have been complied with:
(a)CA Public Resources Code § 5080.20(a)  The commission has reviewed the proposed services, facilities, and location of the concession and determined that they meet the requirements of Sections 5001.9 and 5080.03 and are compatible with the classification of the unit in which the concession will be operated.
(b)CA Public Resources Code § 5080.20(b) At least 30 days advance written notice of the proposed concession has been provided by the director to the appropriate policy and fiscal committees of the Legislature and the Joint Legislative Budget Committee.
(c)CA Public Resources Code § 5080.20(c) The proposed concession is accompanied with documentation sufficient to enable the commission and the Joint Legislative Budget Committee to ascertain whether the concession will conform to the requirements of this article and to evaluate fully all terms on which the concession is proposed to be let, including the rent and other returns anticipated to be received.

Section § 5080.21

Explanation

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.

The department shall include in its annual statement on the concessions program a section setting forth all new concessions entered into during the preceding fiscal year, the terms of each contract, and the terms on which each concession was advertised for bid.

Section § 5080.22

Explanation

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.

(a)Copy CA Public Resources Code § 5080.22(a)
(1)Copy CA Public Resources Code § 5080.22(a)(1) A concession contract awarded pursuant to Section 5080.05, 5080.16, or 5080.23 shall not provide the contracting party with a trademark or service mark interest in the name or names associated with a state park venue, or its historical, cultural, or recreational resources, and shall not serve as the basis for any legal claim that the contracting party has that interest.
(2)CA Public Resources Code § 5080.22(a)(2) This subdivision does not constitute a change in, but is declaratory of, existing law.
(b)CA Public Resources Code § 5080.22(b) To the extent consistent with federal law, a bidder shall not be awarded a contract pursuant to Section 5080.05, 5080.16, or 5080.23 if either of the following applies:
(1)CA Public Resources Code § 5080.22(b)(1) The bidder has made a legal claim or assertion to have a trademark or service mark interest in violation of subdivision (a).
(2)CA Public Resources Code § 5080.22(b)(2) A court has determined that the bidder has made a legal claim or assertion to have a trademark or service mark interest in the name or names associated with a state or federal park venue, or its historical, cultural, or recreational resources, without reasonable cause and in bad faith.
(c)CA Public Resources Code § 5080.22(c) The department shall adopt regulations to provide a bidder who is denied a contract award based on subdivision (b) with written notice of that denial and an opportunity to rebut the basis for the contract denial at a formal hearing.
(d)CA Public Resources Code § 5080.22(d) Commencing January 1, 2017, a provision of a contract or other agreement entered into pursuant to Section 5080.05, 5080.16, or 5080.23 that violates subdivision (a) shall be void and unenforceable.
(e)CA Public Resources Code § 5080.22(e) This section shall not be construed to impact a contracting party’s valid trademark or service mark rights that were held before the concession contract was awarded.

Section § 5080.23

Explanation

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.

(a)CA Public Resources Code § 5080.23(a) Notwithstanding any other provision of this article, with respect to concession contracts entered into on and after October 1, 1994, if the director determines that it is in the best interests of the state, the director may, upon giving notice to the State Parks and Recreation Commission, in lieu of the process for awarding contracts otherwise prescribed in this article, award contracts authorizing occupancy of any portion of the state park system for a period of more than three years to the best responsible person or entity submitting a proposal for a concession contract.
(b)CA Public Resources Code § 5080.23(b) For any concession contract authorizing occupancy by the concessionaire for a period of more than three years of any portion of the state park system that is entered into pursuant to this section, the department shall prepare a request for proposal, which shall include the terms and conditions of the concession sufficient to enable a person or entity to submit a proposal for the operation of the concession on the basis of the best benefit to the state. Proposals shall be completed only on the basis of the request for proposal.
(c)CA Public Resources Code § 5080.23(c) Any concession contract entered into pursuant to this section that is expected to involve a total investment or gross sales in excess of one million dollars ($1,000,000) shall comply with the requirements for entry into contract that are set forth in Section 5080.20.
(d)CA Public Resources Code § 5080.23(d) For purposes of this section, “best responsible person or entity submitting a proposal” means the person or entity submitting a proposal, as determined by specific standards established by the department, that will operate the concession in the best interests of the state and the public.

Section § 5080.24

Explanation

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.

(a)CA Public Resources Code § 5080.24(a) The department may enter into an interim agreement with the Pacific Grove-Asilomar Operating Corporation on the same basis as the cancelled contract, except that it shall be modified as specified by subdivisions (b) to (e), inclusive, until the department awards a contract pursuant to Section 5080.25.
(b)CA Public Resources Code § 5080.24(b) Any interim agreement pursuant to subdivision (a) shall provide that the amount of compensation received by the general manager of the Pacific Grove-Asilomar Operating Corporation shall be subject to determination by the Legislature in the annual Budget Act.
(c)CA Public Resources Code § 5080.24(c) Any interim agreement pursuant to subdivision (a) shall require the Pacific Grove-Asilomar Operating Corporation to continue to set rates and to take reservations for dates beyond the date for which the interim agreement is operative.
(d)CA Public Resources Code § 5080.24(d) Any interim agreement pursuant to subdivision (a) shall provide that the meetings of the board of directors of the Pacific Grove-Asilomar Operating Corporation shall be conducted in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code) and the board of directors shall be considered a state body under subdivision (b) of Section 11121 of the Government Code.
(e)CA Public Resources Code § 5080.24(e) Any interim agreement pursuant to subdivision (a) shall provide that all business and financial records of the Pacific Grove-Asilomar Operating Corporation, including existing records, but not including records that would be personal information under Section 1798.3 of the Civil Code if maintained by an agency, shall be treated as public records subject to disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). The term “employment contract” as used in Section 7928.400 of the Government Code shall be deemed to mean an employment contract between the Pacific Grove-Asilomar Operating Corporation and its employee.

Section § 5080.25

Explanation

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.

(a)CA Public Resources Code § 5080.25(a) The department shall enter into a contract for the construction, maintenance, and operation of concessions at the Asilomar Conference Grounds. The contract shall be awarded pursuant to this article, except this section shall prevail in case of conflict between this section and this article.
(b)CA Public Resources Code § 5080.25(b) The contract shall not be advertised for bid, negotiated, renegotiated, or amended in any material respect unless it has been submitted to the Legislature for review.
(c)CA Public Resources Code § 5080.25(c) The contract shall require the concessionaire to pay for administrative costs, capital expenditures, and department staff necessary for the operation of, and improvements to, the Asilomar State Beach and Conference Center, including restoration projects.
(d)CA Public Resources Code § 5080.25(d) The contract shall require all capital improvements to the Asilomar State Beach and Conference Center to be solely the property of the state.
(e)CA Public Resources Code § 5080.25(e) The contract shall require the concessionaire to honor all rates and reservations made by the Pacific Grove-Asilomar Operating Corporation under the interim agreement described in Section 5080.24.
(f)CA Public Resources Code § 5080.25(f) The contract shall require the concessionaire to give preference to the employees of the Pacific Grove-Asilomar Operating Corporation when staffing the operation of the concessionaire.
(g)CA Public Resources Code § 5080.25(g) The contract shall emphasize the importance of protecting the natural and cultural values of the Asilomar State Beach and Conference Center.
(h)CA Public Resources Code § 5080.25(h) In awarding the contract, the department shall consider bids or proposals from both nonprofit and for-profit entities.
(i)CA Public Resources Code § 5080.25(i) If the contract is awarded to a concessionaire governed by a board of directors, the contract shall require the department to be present at meetings of the board of directors relating to the construction, maintenance, finances, or operation of concessions at the Asilomar Conference Grounds, and shall require those meetings to be conducted in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). If the contract is awarded to a concessionaire that is not governed by a board of directors, the contract shall require the concessionaire to hold quarterly meetings at the Asilomar Conference Grounds, relating to the construction, maintenance, finances, or operation of concessions at the Asilomar Conference Grounds, at which the department shall be present, that shall be conducted in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).
(j)CA Public Resources Code § 5080.25(j) The contract shall provide that all business and financial records of the concessionaire relating to the construction, maintenance, or operation of concessions at the Asilomar Conference Grounds, including existing records, but not including records that would be personal information under Section 1798.3 of the Civil Code if maintained by an agency, shall be treated as public records subject to disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). The term “employment contract” as used in Section 7928.400 of the Government Code shall be deemed to mean an employment contract between the concessionaire and its employee.
(k)CA Public Resources Code § 5080.25(k) In awarding the contract, the department shall consider without prejudice any bid or proposal submitted by the Pacific Grove-Asilomar Operating Corporation.
(l)CA Public Resources Code § 5080.25(l) The department shall, for the purpose of ensuring that all bidders are afforded an equal opportunity to compete for the contract, consider the estimated amount of fees or taxes that might be paid to the state or to a local government by a bidder as a result of the contract among those factors to be used to evaluate the bidder’s bid or proposal for the contract. The department shall consult with the Department of Finance and the Board of Equalization to obtain information necessary to estimate the amount of fees or taxes that might be paid by a bidder as a result of the contract.
(m)CA Public Resources Code § 5080.25(m) Any revenues received by the department pursuant to the contract that are identified by the department as funds in excess of the approved operating budget and the approved capital improvement budget for the Asilomar Conference Grounds shall be deposited in the State Parks and Recreation Fund.
(n)CA Public Resources Code § 5080.25(n) On or before January 1, 1995, the department shall submit a request for proposal for the contract to the Assembly Water, Parks, and Wildlife Committee, the Senate Natural Resources Committee, the Assembly Ways and Means Committee, and the Senate Budget and Fiscal Review Committee for review.

Section § 5080.26

Explanation

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.

(a)CA Public Resources Code § 5080.26(a) Notwithstanding Sections 11080 and 11081 of the Government Code, public notice of a request for proposal shall be given to persons or entities for the purpose of soliciting proposals for any concession contract authorizing the occupancy of property in the state park system for a period of more than two years that is entered into pursuant to Section 5080.23, as follows:
(1)CA Public Resources Code § 5080.26(a)(1) The department shall advertise the notice through appropriate public media to the extent that the department determines is sufficient to provide adequate coverage.
(2)CA Public Resources Code § 5080.26(a)(2) The department shall publish an advertisement for a proposal at least once a week for two consecutive weeks in a newspaper of general circulation in the county in which the concession is to operate and in a major daily newspaper in the closest metropolitan area.
(3)CA Public Resources Code § 5080.26(a)(3) If the director determines that, in view of the type of concession involved, the public interest would be best served by the solicitation of proposals from out-of-state persons or entities, the director shall give such additional notice as the director finds is best suited to attract proposals from out-of-state persons or entities.
(b)CA Public Resources Code § 5080.26(b) The published notice shall state where forms for proposals may be obtained, the time and place for the receipt and review of proposals, and shall describe, in general terms, the concession to be operated.

Section § 5080.28

Explanation

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.

Notwithstanding any other provision of law, the department may negotiate an agreement of up to two years duration to extend the hotel concession contract in existence on January 1, 1999, for the Columbia State Park. Upon termination of the extension agreement, the concession shall be put out to bid in accordance with the bidding requirements of this article.

Section § 5080.29

Explanation

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.

Notwithstanding any other provision of law, including subdivision (a) of Section 5080.18, the department may enter into concession contracts for the development, operation, and maintenance of marinas, for a term of up to 30 years, 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.