east bay municipal utility district · motorboats, deluxe boats, pontoon boats and deluxe pontoon...

375 Eleventh Street, Oakland, CA 94607 Website: ebmud.com

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EAST BAY MUNICIPAL UTILITY DISTRICT

REQUEST FOR PROPOSAL (RFP) No. 17-492-04 for

PARDEE RECREATION AREA CONCESSION

Contact Person: Mark Bolton Phone Number: (209) 772-8204

E-mail Address: [email protected]

For questions or more information regarding this project, contact the EBMUD representative listed above. Thank you for your interest!

RESPONSE DUE

by 4:00 p.m.

on June 1, 2017

at EBMUD, Mokelumne Watershed & Recreation Division

15083 Camanche Parkway South Valley Springs, CA 95252

http://www.acgov.org/gsa/departments/purchasing/

RFP 08/28/15


RFP No. 17-492-04 for

Pardee Recreation Area Concession Contract

TABLE OF CONTENTS

I. STATEMENT OF WORK A. SCOPE B. PROPOSER QUALIFICATIONS C. SPECIFIC REQUIREMENTS

II. CALENDAR OF EVENTS

A. OPTIONAL SITE WALK III. DISTRICT PROCEDURES, TERMS, AND CONDITIONS

A. RFP ACCEPTANCE AND AWARD B. EVALUATION CRITERIA/SELECTION COMMITTEE C. FRANCHISE FEE/MAINTENANCE CAPITAL IMPROVEMENT FUND D. PROTESTS

IV. RFP RESPONSE SUBMITTAL INSTRUCTIONS AND INFORMATION

A. DISTRICT CONTACTS B. SUBMITTAL OF RFP RESPONSE C. RESPONSE FORMAT

ATTACHMENTS

EXHIBIT A – RFP RESPONSE PACKET EXHIBIT B – INSURANCE REQUIREMENTS

EXHIBIT C – SAMPLE CONTRACT EXHIBIT D – CURRENT & PROPOSED RECREATION AREA RATES & CHARGES EXHIBIT E – SUMMARY OF CURRENT RECREATION AREA ASSETS

Pardee Recreation Area Concession RFP

RFP No. 17-492-04

RFP 08/28/15

I. STATEMENT OF WORK

A. SCOPE

The scope of this project is to provide operation and maintenance of Pardee Recreation Area which includes seasonal marina, boat launch, campgrounds, RV park, café, retail store and day use areas in a manner similar to the sample contract included herein. East Bay Municipal Utility District (District) intends to award a multi-year contract to the Proposer(s) who best meets the District’s requirements.

B. PROPOSER QUALIFICATIONS

1. Proposer Minimum Qualifications

a. Proposer, Proposer’s principal, or Proposer’s staff shall have been regularly engaged in the business of providing maintenance, customer service, and outdoor recreation services, (e.g., camping, fishing, boating / marina operations), for at least five (5) years. Proposer shall possess all permits, licenses, and professional credentials necessary to perform services as specified under this RFP.

C. SPECIFIC REQUIREMENTS

The 2008 Mokelumne Watershed Master Plan (MWMP) is the overall guiding document for the watershed and recreation management on EBMUD lands in the Mokelumne Watershed. This MWMP, including the Recreation Management Plan segment, provides long-term policy and guidance for future use and management of the lands and water owned by the District within the Mokelumne Watershed.

The following values and objectives are based on and consistent with the MWMP.

EBMUD’s intent for the Pardee Recreation Area is to provide high-quality recreation services and facilities for the enjoyment of the general public in a fiscally responsible manner. This includes EBMUD’s core values of: Stewardship, Integrity, Respect, and Teamwork as well as providing for future long-term maintenance and improvements to the recreation facility and infrastructure.

The objectives, driven by the MWMP include:

Protecting water quality and supply

Providing a high-quality customer service and recreation experience

Ensuring public safety within the recreation area


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The intent of this concession opportunity is:

To award a contract to a business entity that will manage and operate the marina, boat launch, campgrounds, seasonal RV park, café, retail store and day-use areas with the intent of a long-term relationship and commitment. To promote a healthy, family friendly outdoor opportunity providing a safe, enjoyable high-quality recreational experience for all park users.

To maintain Pardee Reservoir’s natural features and developed improvements to the high standards that visitors have come to expect.

To develop a creative relationship between the District and concessionaire that embraces the continually changing outdoor demands, including the technology-driven demographic.

Contract Summary

It is critical that proposers be familiar with and fully understand all the terms and conditions of the Sample Concession Contract (attached document). Proposals should be based on the requirements of this contract in its entirety. If a proposer is awarded the contract, the successful proposer has 30 days to review and sign the awarded contract prior to Board of Directors approval. The successful proposer shall be expected to accept the provisions of the Sample Concession Contract as written. If necessary, minor clarifications, approved by the District, may be made prior to contract execution. The term of the contract is for a period of five (5) years with three (3) options to extend.

Summary descriptions of some of the important contract provisions are described below. At a minimum, the successful proposer will be required to:

1. Operate and maintain a marina boat rental fleet, campgrounds, RV park, café, dry storage, picnic areas, hiking trails, and restrooms. Equip and furnish the concession premises as described in proposal. Operate the park in accordance with the operational requirements set forth in the contract.

3. Comply with the agreed upon financial conditions.

4. Maintain the premises, facilities, furnishings, and equipment in good condition in accordance with District standards and contract provisions.

5. Pay for all taxes and fees applicable to the operation of the concession, including possessory interest taxes, and all utility services as required by the contract.


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D. PARDEE RECREATION AREA INFORMATION

Location

Pardee Reservoir, the heart of EBMUD’s drinking water supply, can be found 45

minutes east of Stockton nestled in the foothills of the Sierra Nevada Mountain

Range of Northern California. The Mokelumne River, splitting Amador and

Calaveras Counties flows into Pardee Reservoir. The Pardee Recreation Area is

located at 4900 Stony Creek Road, Ione CA 95640.

Map 1 - Mokelumne Area Map (Pardee Recreation Area is #1 on the map)


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Site Description

Pardee Reservoir was opened for public recreation in 1958. The park is open from

President’s Day weekend, until the first weekend in November. It is closed during

the migratory bird season as part of EBMUD’s wildlife enhancement program. To

comply with state law prohibiting body-water contact, personal watercraft, water

skiing and lake swimming is not allowed. A total of 141 beautiful oak-studded

camp sites are located within two separate campgrounds that offer plenty of

shade. They each contain a picnic table and fire ring. Running water, flush

restrooms, laundry facilities and other amenities are available within a short

walking distance. Two ADA, wheelchair-accessible sites are also available. The

newly renovated seasonal RV Park features 56 sites with fully modernized

electrical, water and sewer connections. RV Park guests can also enjoy a new

group gathering area, or a game of horseshoes or bocce ball. Café Pardee

currently offers hearty breakfasts and lunch. The café also has a store that stocks

ice, wood, beverages, groceries and other supplies for camping needs.

Fishing

About 90% of Pardee Reservoir anglers fish for trout, both from the shore and

from boats. Other available species include brown trout, kokanee salmon, black,

largemouth, and smallmouth bass and three kinds of catfish. In 2007 the

California state smallmouth bass record was caught from Pardee Reservoir. A

valid California fishing license is required for individuals 16 years of age and older.

In addition, there is a Pardee fishing access fee of $6 per day for each individual.

The Pardee access permit funds are used to re-stock the lake with fish.

Motorboats, deluxe boats, pontoon boats and deluxe pontoon boats are

available for rentals, daily. All boats, rental or private are surveyed and are

subject to inspection before launching to prevent invasive Quagga mussels from

entering EBMUD waters. Vessels from Southern California and out-of-state are


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prohibited from launching on Pardee unless they go thru the vessel

decontamination process.

Recreation

The entrance fee includes access to the hiking trails along Pardee’s shorelines.

Dogs are welcome but must be leashed. Both an adult and children’s swimming

pools are available.

Map #2 Pardee Reservoir

Current Concession Operations

Gross receipts as reported by the current concessionaire for 2010 – 2014 follow. Visitation was impacted by the new RV park construction project during 2015 and 2016 and for periods of time during the project the park was not fully opened to the public; therefore, revenue and visitation information for 2015 and 2016 is not included.


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Calendar Year Visitation Gross Receipts

2010 93,965 $655,607

2011 92,501 $682,877

2012 77,611 $611,305

2013 71,558 $589,226

2014 66,769 $584,765

Gross Revenue and Fee Breakdown:

2010 2011 2012 2013 2014

Day Use (Car & Boat) $130,466 $150,858 $114,743 $106,026 $101,920

Boat Rental $45,722 $41,920 $31,148 $35,895 $40,428

Marina Sales $49,622 $54,457 $35,870 $31,978 $30,052

Mooring & Slips $23,682 $21,576 $19,527 $22,719 $21,638

Café & Store Sales $45,998 $43,382 $34,008 $33,862 $27,567

Camping $86,767 $91,897 $81,718 $74,930 $74,847

RV Park $234,520 $233,910 $185,559 $184,208 $179,236

Fishing Access Fees $109,928 $121,444 $89,428 $81,411 $84,346


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II. CALENDAR OF EVENTS

EVENT DATE/LOCATION RFP Issued April 19, 2017

Optional Site Walk May 9, 2017 at 9:30 a.m. 4900 Stony Creek Road, Ione, CA 95640

Response Due June 1, 2017 by 4:00 p.m. Contract Start Date December 1, 2017

Note: All dates are subject to change.

Proposers are responsible for reviewing http://ebmud.com/business for any published addenda. Hard copies of addenda will not be mailed out.

A. OPTIONAL SITE WALK/ PROPOSAL CONFERENCE

Optional site walk/Proposal conference will be held to:

1. Allow the District to discuss the scope of the project.

2. Provide Proposers an opportunity to view a site, receive documents, etc. necessary to respond to this RFP.

3. Provide an opportunity for Proposers to ask specific questions about the project and request RFP clarifications.

4. Provide the District with an opportunity to receive feedback regarding the project and RFP.

All questions deemed to be pertinent by the District will be addressed in an Addendum following the site walk/Proposal conference.

III. DISTRICT PROCEDURES, TERMS, AND CONDITIONS

A. RFP ACCEPTANCE AND AWARD

1. RFP responses will be evaluated by a committee and will be scored/ranked in accordance with the RFP section entitled “Evaluation Criteria/Selection Committee.”

http://ebmud.com/business


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2. The committee will recommend award to the Proposer who, in its opinion, has submitted the RFP response that best serves the overall interests of the District. Award may not necessarily be made to the Proposer with the lowest overall cost.

3. The District has the right to decline to award this contract or any part of it for any reason.

4. Any specifications, terms, or conditions issued by the District, or those included in the Proposer’s submission, in relation to this RFP, may be incorporated into a contract that may be awarded as a result of this RFP.

5. Award of contract. The right is reserved to reject any or all proposals, to accept one part of a proposal and reject the other, unless the bidder stipulates to the contrary, and to waive technical defects, as the interest of the District may require. Award will be made or proposals rejected by the District as soon as possible after bids have been opened.

B. EVALUATION CRITERIA/SELECTION COMMITTEE

All proposals will be evaluated by a District Selection Committee (DSC). The DSC may be composed of District staff and other parties that may have expertise or experience in this type of procurement. The DSC will select a Proposer in accordance with the evaluation criteria set forth in this RFP. The evaluation of the RFP responses shall be within the sole judgment and discretion of the DSC.

The DSC will evaluate each RFP response meeting the qualification requirements set forth in this RFP. Proposer should bear in mind that any RFP response that is unrealistic in terms of the technical or schedule commitments, or unrealistically high or low in cost, will be deemed reflective of an inherent lack of technical competence or indicative of a failure to comprehend the complexity and risk of the District’s requirements as set forth in this RFP.

RFP responses will be evaluated and scored according to each Evaluation Criteria below, and scored according to a zero to five-point scale. The scores for all Evaluation Criteria will then be added to arrive at a weighted score for each RFP response. An RFP response with a high weighted total will be deemed of higher quality than one with a lesser-weighted total.

The Evaluation Criteria are as follows:

EVALUATION CRITERIA - SECTION A A. Business Plan:

Does the Proposer’s business plan align with EBMUD’s core values: Stewardship, Integrity, Respect, and Teamwork?


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B. Implementation Plan and Schedule: An evaluation will be made of the likelihood that the Proposer’s implementation plan and schedule will meet the District’s schedule. Additional credit will be given for the identification and planning for mitigation of schedule risks which the Proposer believes may adversely affect any portion of the District’s schedule. Does the Proposer’s implementation plan align with EBMUD’s core values: Stewardship, Integrity, Respect, and Teamwork?

C. Relevant Experience: RFP responses will be evaluated against the RFP specifications and the questions below: 1. Does the proposer have experience on similar concessions? 2. Do they demonstrate backgrounds that would be desirable for

individuals engaged in the work the concession requires? 3. How extensive is the applicable education and experience of the

proposer? 4. Does the Proposer’s experience demonstrate EBMUD’s core values:

Stewardship, Integrity, Respect, and Teamwork? D. Proposed Financial Agreement (Franchise Fees and MCIF Deposits):

Does the financial proposal demonstrate the bidder’s understanding of the District’s ongoing operation and maintenance objectives for the park? Does the financial proposal demonstrate the District’s obligation to minimize costs of recreation subsidized by ratepayers? Does the financial proposal demonstrate the bidder’s understanding of EBMUD’s core values: Stewardship, Integrity, Respect, and Teamwork?

SECTION B – Only top scorers from Section A will be invited to Oral Presentation and Interview

E. References (See Exhibit A – RFP Response Packet): References are only performed on the shortlisted Proposers and the score for reference checks is not included in the preliminary short list score. Do the Proposer’s references demonstrate EBMUD’s core values: Stewardship, Integrity, Respect, and Teamwork?

F. Oral Presentation Does the Proposer’s presentation demonstrate their alignment with EBMUD’s core values: Stewardship, Integrity, Respect, and Teamwork? The oral interview may consist of standard questions asked of each of the Proposers and specific questions regarding the specific RFP response.

G. Interview (Understanding of the Project): The oral interview may consist of standard questions asked of each of the Proposers and specific questions regarding the specific RFP response


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RFP responses will be evaluated against the RFP specifications and the questions below: 1. Has the Proposer demonstrated a thorough understanding of the

purpose and scope of the concession? 2. How well has the Proposer identified pertinent issues and potential

problems related to the concession? 3. Has the Proposer demonstrated an adequate understanding of the

deliverables the District expects it to provide? 4. Has the Proposer demonstrated an understanding of the District’s core

values: Stewardship, Integrity, Respect, and Teamwork? H. Contract Equity Program:

Proposer shall be eligible for SBE preference points if they are a certified small business entity, as described in the guidelines contained in Exhibit A-Contract Equity Program, and they check the appropriate box, requesting preference, in Exhibit A-Proposer Information and Acceptance.

C. Franchise Fee/Maintenance Capital Improvement Fund

Each recreation area contract includes a monthly fee paid by the concessionaire based upon gross monthly revenues. The monthly fee is split into two parts: the Franchise Fee which is deposited to the District General Fund; and the Maintenance/Capital Improvement Fund (MCIF) fee which is deposited into a special account reserved for maintenance and small- to mid-scale capital improvements in the recreation area. In order to ensure adequate funding is available to complete necessary maintenance to repair or extend the useful life of recreation improvements, the MCIF must be assured adequate monthly inputs. The District is open to consider alternative proposals for compensation.

D. PROTESTS

Protests must be in writing and must be received no later than seven (7) business days after the District issues the Notice of Intent to Award, which is sent to all entities who submitted a proposal. The District will reject the protest as untimely if it is received after this specified time frame. Protests will be accepted from proposers or potential proposers only. If the protest is mailed and not received by the District, the protesting party bears the burden of proof to submit evidence (e.g., certified mail receipt) that the protest was sent in a timely manner so that it would be received by the District within the RFP protest period.


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Bid protests must contain a detailed and complete written statement describing the reason(s) for protest. The protest must include the name and/or number of the bid, the name of the firm protesting, and include a name, telephone number, email address and physical address of the protestor. If a firm is representing the protestor, they shall include their contact information in addition to that of the protesting firm. Protests must be mailed or hand delivered to the Manager of Purchasing, East Bay Municipal Utility District, 375 Eleventh Street, Oakland, CA 94607 or P.O. Box 24055, Oakland, California 94623. Facsimile and electronic mail protests must be followed by a mailed or hand delivered identical copy of the protest and must arrive within the seven day time limit. Any bid protest filed with any other District office shall be forwarded immediately to the Manager of Purchasing. The bid protester can appeal the determination to the requesting organization’s Department Director. The appeal must be submitted to the Department Director no later than five working days from the date of receipt of the requesting organization’s determination on the protest. Such an appeal must be made in writing and must include all grounds for the appeal and copies of the original protest and the District’s response. The bid protester must also send the Purchasing Division a copy of all materials sent to the Department Director. The Department Director will make a determination of the appeal and respond to the protester by certified mail in a timely manner. If the appeal is denied, the letter will include the date, time, and location of the Board of Directors meeting at which staff will make a recommendation for award and inform the protester it may request to address the Board of Directors at that meeting.

The District may transmit copies of the protest and any attached documentation to all other parties who may be affected by the outcome of the protest. The decision of the District as to the validity of any protest is final. This District’s final decision will be transmitted to all affected parties in a timely manner.

IV. RFP RESPONSE SUBMITTAL INSTRUCTIONS AND INFORMATION

A. DISTRICT CONTACTS

All contact during the competitive process is to be through the contact listed on the first page of this RFP. The following persons are only to be contacted for the purposes specified below:

FOR INFORMATION ON THE CONTRACT EQUITY PROGRAM: Attn: Contract Equity Office PHONE: (510) 287-0114


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AFTER AWARD: Attn: Division Manager Kent Lambert EBMUD Mokelumne Watershed and Recreation Division E-Mail: [email protected] PHONE: (209) 772-8204

B. SUBMITTAL OF RFP RESPONSE

1. Late and/or unsealed responses will not be accepted.

2. RFP responses submitted via electronic transmissions will not be accepted. Electronic transmissions include faxed RFP responses or those sent by electronic mail (“e-mail”).

3. RFP responses will be received only at the address shown below, must be SEALED, and must be received by 4:00 p.m. on the due date specified in the Calendar of Events. Any RFP response received after that time or date, or at a place other than the stated address cannot be considered and will be returned to the Proposer unopened. All RFP responses must be received and time stamped at the stated address by the time designated. The Purchasing Division's timestamp shall be considered the official timepiece for the purpose of establishing the actual receipt of RFP responses.

4. RFP responses are to be addressed/delivered as follows:

Mailed: East Bay Municipal Utility District Pardee Rec. Area Concession RFP No. 17-492-04 EBMUD–Mokelumne Watershed & Rec. Division 15083 Camanche Parkway South Valley Springs, CA 95252

Hand Delivered or delivered by courier or package delivery service:

East Bay Municipal Utility District Pardee Rec. Area Concession RFP No. 17-492-04 EBMUD–Mokelumne Watershed & Rec. Division 15083 Camanche Parkway South Valley Springs, CA 95252

Proposer’s name, return address, and the RFP number and title must also appear on the mailing package.


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5. Proposers are to submit one (1) original hardcopy RFP response (Exhibit A – RFP Response Packet, including Contract Equity Program forms and all additional documentation stated in the “Required Documentation and Submittals” section of Exhibit A), all with original ink signatures.

6. All costs required for the preparation and submission of an RFP response shall be borne by the Proposer.

7. California Government Code Section 4552: In submitting an RFP response to a public purchasing body, the Proposer offers and agrees that if the RFP response is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the Proposer for sale to the purchasing body pursuant to the RFP response. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the Proposer.

8. Proposer expressly acknowledges that it is aware that if a false claim is knowingly submitted (as the terms “claim” and “knowingly” are defined in the California False Claims Act, Cal. Gov. Code, §12650 et seq.), the District will be entitled to civil remedies set forth in the California False Claim Act.

9. The RFP response shall remain open to acceptance and is irrevocable for a period of one hundred eighty (180) days, unless otherwise specified in the RFP documents.

10. It is understood that the District reserves the right to reject any or all RFP responses.

C. RESPONSE FORMAT

1. Proposers shall not modify any part of Exhibits A, B, and C, or qualify their RFP responses. Proposers shall not submit to the District a re-typed or otherwise re-created version of these documents or any other District-provided document.

2. RFP responses, in whole or in part, are NOT to be marked confidential or proprietary. The District may refuse to consider any RFP response or part thereof so marked. RFP responses submitted in response to this RFP may be subject to public disclosure. The District shall not be liable in any way for disclosure of any such records.

Exhibit A – RFP No. 17-492-03

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EXHIBIT A RFP RESPONSE PACKET

RFP No. 17-492-04 – Pardee Recreation Area Concession To: The EAST BAY MUNICIPAL UTILITY District (“District”) From:

(Official Name of Proposer) RFP RESPONSE PACKET GUIDELINES AS DESCRIBED IN SECTION IV- RFP RESPONSE SUBMITTAL INSTRUCTIONS AND

INFORMATION, PROPOSERS ARE TO SUBMIT ONE (1) ORIGINAL HARDCOPY RFP RESPONSE WITH ORIGINAL INK SIGNATURES, CONTAINING THE FOLLOWING, IN THEIR ENTIRETY:

o EXHIBIT A – RFP RESPONSE PACKET, INCLUDING CONTRACT EQUITY PROGRAM FORMS AND ALL ADDITIONAL REQUIRED DOCUMENTATION AS DESCRIBED IN EXHIBIT A- REQUIRED DOCUMENTATION AND SUBMITTALS

o EXHIBIT B- INSURANCE FORMS

PROPOSERS THAT DO NOT COMPLY WITH THE REQUIREMENTS, AND/OR SUBMIT AN INCOMPLETE RFP RESPONSE MAY BE SUBJECT TO DISQUALIFICATION AND THEIR RFP RESPONSE REJECTED IN TOTAL.

IF PROPOSERS ARE MAKING ANY CLARIFICATIONS AND/OR AMENDMENTS, OR TAKING

EXCEPTION TO ANY PART OF THIS RFP, THESE MUST BE SUBMITTED IN THE EXCEPTIONS, CLARIFICATIONS, AND AMENDMENTS SECTION OF THIS EXHIBIT A – RFP RESPONSE PACKET. THE DISTRICT, AT ITS SOLE DISCRETION, MAY ACCEPT AMENDMENTS/EXCEPTIONS, OR MAY DEEM THEM TO BE UNACCEPTABLE, THEREBY RENDERING THE RFP RESPONSE DISQUALIFIED.


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PROPOSER INFORMATION AND ACCEPTANCE 1. The undersigned declares that all RFP documents, including, without limitation, the RFP,

Addenda, and Exhibits, have been read and that the terms, conditions, certifications, and requirements are agreed to.

2. The undersigned is authorized to offer, and agrees to furnish, the articles and services specified in accordance with the RFP documents of RFP No. 17-492-04.

3. The undersigned acknowledges acceptance of all addenda related to this RFP. List Addenda for this RFP on the line below:

Addendum # Date

4. The undersigned hereby certifies to the District that all representations, certifications, and statements made by the Proposer, as set forth in this RFP Response Packet and attachments, are true and correct and are made under penalty of perjury pursuant to the laws of California.

5. The undersigned acknowledges that the Proposer is, and will be, in good standing in the State of California, with all the necessary licenses, permits, certifications, approvals, and authorizations necessary to perform all obligations in connection with this RFP and associated RFP documents.

6. It is the responsibility of each Proposer to be familiar with all of the specifications, terms, and conditions and, if applicable, the site condition. By the submission of an RFP response, the Proposer certifies that if awarded a contract it will make no claim against the District based upon ignorance of conditions or misunderstanding of the specifications.

7. Patent indemnity: General or Professional Service Providers who do business with the District shall hold the District, its Directors, officers, agents, and employees harmless from liability of any nature or kind, including cost and expenses, for infringement or use of any patent,


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copyright or other proprietary right, secret process, patented or unpatented invention, article, or appliance furnished or used in connection with the contract or purchase order.

8. Insurance certificates are not required at the time of submission. However, by signing Exhibit A – RFP Response Packet, the Proposer agrees to meet the minimum insurance requirements stated in the RFP. This documentation must be provided to the District prior to execution of an agreement by the District, and shall include an insurance certificate which meets the minimum insurance requirements, as stated in the RFP.

9. The undersigned Proposer hereby submits this RFP response and binds itself to the District. The RFP, subsequent Addenda, Proposers Response Packet, and any attachments, shall be used to form the basis of a Contract, which once executed shall take precedence.

10. The undersigned acknowledges ONE of the following (please check only one box)*:

Proposer is not an SBE and is ineligible for any Proposal preference; OR

Proposer is an SBE or DVBE as described in the Contract Equity Program (CEP) and Equal Employment Opportunity (EEO) Guidelines, and has completed the Contract Equity Program and Equal Employment Opportunity forms at the hyperlink contained in the Contract Equity Program and Equal Opportunity section of this Exhibit A.

*If no box is checked it will be assumed that the Proposer is ineligible for Proposal preference and none will be given. For additional information on SBE Proposal preference please refer to the Contract Equity Program and Equal Employment Opportunity Guidelines at the above referenced hyperlink.

Official Name of Proposer (exactly as it appears on Proposer’s corporate seal and invoice): Street Address Line 1: Street Address Line 2: City: State: Zip Code: Webpage: Type of Entity / Organizational Structure (check one):

Corporation Joint Venture

Limited Liability Partnership Partnership

Limited Liability Corporation Non-Profit / Church


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Other: Jurisdiction of Organization Structure: Date of Organization Structure: Federal Tax Identification Number: Primary Contact Information:

Name / Title: Telephone Number: Fax Number: E-mail Address:

Street Address Line 1: City: State: Zip Code:

SIGNATURE: Name and Title of Signer (printed): Dated this day of 20

Exhibit A – RFP No.17-492-04

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REQUIRED DOCUMENTATION AND SUBMITTALS All of the specific documentation listed below is required to be submitted with the Exhibit A – RFP Response Packet. Proposers shall submit all documentation, in the order listed below, and clearly label each section of the RFP response with the appropriate title (i.e. Table of Contents, Letter of Transmittal, Key Personnel, etc.). 1. Description of the Proposed Services: RFP response shall include a description of the terms

and conditions of services to be provided during the contract term including response times. The description must: (1) specify how the services in the RFP response will meet or exceed the requirements of the District; (2) explain any special resources or approaches that make the services of the Proposer particularly advantageous to the District; and (3) identify any limitations or restrictions of the Proposer in providing the services that the District should be aware of in evaluating its RFP response to this RFP.

2. Implementation Plan and Schedule: The RFP response shall include an implementation plan and schedule.

3. References:

(a) Proposers must use the templates in the “References” section of this Exhibit A – RFP

Response Packet to provide references. (b) References should have similar scope, volume, and requirements to those outlined in

these specifications, terms, and conditions. Proposers must verify the contact information for all references provided is

current and valid. Proposers are strongly encouraged to notify all references that the District may

be contacting them to obtain a reference. (c) The District may contact some or all of the references provided in order to determine

Proposer’s performance record on work similar to that described in this RFP. The District reserves the right to contact references other than those provided in the RFP response and to use the information gained from them in the evaluation process.

4. Exceptions, Clarifications, Amendments:

(a) The RFP response shall include a separate section calling out all clarifications,

exceptions, and amendments, if any, to the RFP and associated RFP documents, which shall be submitted with the proposer’s RFP response using the template in the “Exceptions, Clarifications, Amendments” section of this Exhibit A – RFP Response Packet.

Exhibit A – RFP No.17-492-04

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(b) THE DISTRICT IS UNDER NO OBLIGATION TO ACCEPT ANY EXCEPTIONS, AND SUCH EXCEPTIONS MAY BE A BASIS FOR RFP RESPONSE DISQUALIFICATION.

5. Contract Equity Program:

(a) Every proposer must fill out, sign, and submit the appropriate sections of the Contract Equity Program and Equal Employment Opportunity documents located at the hyperlink contained in the last page of this Exhibit A. Special attention should be given to completing Form P-25, "Employment Data and Certification". Any proposer needing assistance in completing these forms should contact the District's Contract Equity Office at (510) 287-0114 prior to submitting an RFP response.

REFERENCES


RFP 08/28/15

RFP No. 17-492-04 - Pardee Recreation Area Concession

Proposer Name: Proposer must provide a minimum of 3 references.

Company Name: Contact Person: Address: Telephone Number: City, State, Zip: E-mail Address: Services Provided / Date(s) of Service:






RFP 08/28/15

EXCEPTIONS, CLARIFICATIONS, AMENDMENTS

RFP No. 17-492-04 – Pardee Recreation Area Concession Proposer Name: List below requests for clarifications, exceptions, and amendments, if any, to the RFP and associated RFP documents, and submit with your RFP response. The District is under no obligation to accept any exceptions and such exceptions may be a basis for RFP response disqualification.

Reference to: Description Page No. Section Item No.

p. 23 D 1.c. Proposer takes exception to…

*Print additional pages as necessary


RFP 08/28/15

CONTRACT EQUITY PROGRAM & EQUAL EMPLOYMENT OPPORTUNITY The District’s Board of Directors adopted the Contract Equity Program (CEP) to enhance equal opportunities for business owners of all races, ethnicities, and genders who are interested in doing business with the District. The program has contracting objectives, serving as the minimum level of expected contract participation for the three availability groups: white-men owned businesses, white-women owned businesses, and ethnic minority owned businesses. The contracting objectives apply to all contracts that are determined to have subcontracting opportunities, and to all General or Professional Service Providers regardless of their race, gender, or ethnicity.

All Contractors and their subcontractors performing work for the District must be Equal Employment Opportunity (EEO) employers, and shall be bound by all laws prohibiting discrimination in employment. There shall be no discrimination against any person, or group of persons, on account of race, color, religion, creed, national origin, ancestry, gender including gender identity or expression, age, marital or domestic partnership status, mental disability, physical disability (including HIV and AIDS), medical condition (including genetic characteristics or cancer), genetic information, or sexual orientation.

Contractor and its subcontractors shall abide by the requirements of 41 CFR §§ 60-1.4(a), 60-300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities, and prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation, gender identity, or national origin in the performance of this contract. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, national origin, protected veteran status or disability.

All Contractors shall include the nondiscrimination provisions above in all subcontracts.

Please include the required completed forms with your proposal. Non-compliance with the Guidelines may deem a proposal non-responsive, and therefore, ineligible for contract award. Your firm is responsible for:

1) Reading and understanding the CEP guidelines.

2) Filling out and submitting with your bid the appropriate forms.

The CEP guidelines and forms can be found at the following direct link:

Contract Equity Program Guidelines and Forms

The CEP guidelines and forms can also be downloaded from the District website at the following link:

http://ebmud.com/business-center/contract-equity-program/

If you have questions regarding the Contract Equity Program please call (510) 287-0114.

http://www.ebmud.com/index.php/download_file/force/2808/821/?Contract_Equity_Guidelines_May_2016.pdf

http://www.ebmud.com/index.php/download_file/force/2808/821/?Contract_Equity_Guidelines_May_2016.pdf

http://ebmud.com/business-center/contract-equity-program/

Exhibit B – No. 17-492-04

Page 1

EXHIBIT B

INSURANCE REQUIREMENTS Insurance certificates are not required at the time of submission; however, by signing Exhibit A – RFP Response Packet, the Proposer agrees to meet the minimum insurance requirements stated in the RFP. This documentation must be provided to the District, prior to award.

The following are the minimum insurance limits, required by the District, to be held by the GENERAL OR PROFESSIONAL SERVICE PROVIDER performing on this RFP:

INDEMNIFICATION AND INSURANCE

A. Indemnification

GENERAL OR PROFESSIONAL SERVICE PROVIDER expressly agrees to defend, indemnify, and hold harmless the District and its Directors, officers, agents, and employees from and against any and all loss, liability, expense, claims, suits, and damages, including attorneys' fees, arising out of or resulting from GENERAL OR PROFESSIONAL SERVICE PROVIDER's, its associates', employees', subcontractors’, or other agents' negligent acts, errors or omissions, or willful misconduct, in the operation and/or performance under this Agreement.

B. Insurance Requirements

GENERAL OR PROFESSIONAL SERVICE PROVIDER shall take out and maintain during the life of the Agreement all the insurance required in this section, and if requested shall submit certificates for review and approval by the District. The Notice to Proceed shall not be issued, and GENERAL OR PROFESSIONAL SERVICE PROVIDER shall not commence work until such insurance has been approved by the District. The certificates shall be on forms approved by the District. Acceptance of the certificates shall not relieve GENERAL OR PROFESSIONAL SERVICE PROVIDER of any of the insurance requirements, nor decrease the liability of GENERAL OR PROFESSIONAL SERVICE PROVIDER. The District reserves the right to require GENERAL OR PROFESSIONAL SERVICE PROVIDER to provide insurance policies for review by the District.

C. Workers Compensation Insurance

GENERAL OR PROFESSIONAL SERVICE PROVIDER shall take out and maintain during the life of the Agreement Workers Compensation Insurance for all of its employees on the project. In lieu of evidence of Workers Compensation Insurance, the District will accept a Self-Insured Certificate from the State of California. GENERAL OR PROFESSIONAL SERVICE PROVIDER shall require any subcontractor to provide it with evidence of Workers Compensation Insurance.

Exhibit B – No. 17-492-04

Page 2

D. Commercial General Liability Insurance

GENERAL OR PROFESSIONAL SERVICE PROVIDER shall take out and maintain during the life of the Agreement Automobile and General Liability Insurance that provides protection from claims which may arise from operations or performance under this Agreement. If GENERAL OR PROFESSIONAL SERVICE PROVIDER elects to self-insure (self-fund) any liability exposure during the contract period above $50,000, GENERAL OR PROFESSIONAL SERVICE PROVIDER is required to notify the District immediately. Any request to self-insure must first be approved by the District before the changed terms are accepted. GENERAL OR PROFESSIONAL SERVICE PROVIDER shall require any subcontractor or Professional Service Provider to provide evidence of liability insurance coverages.

The amounts of insurance shall be not less than the following:

$2,000,000/Occurrence, Bodily Injury, Property Damage -- Automobile.

$2,000,000/Occurrence, Bodily Injury, Property Damage -- General Liability.

The following coverages or endorsements must be included in the policy(ies):

1. The District, its Directors, officers, and employees are Additional Insureds in the policy(ies) as to the work being performed under the contract.

2. The coverage is Primary and non-contributory to any other applicable insurance carried by the District.

3. The policy(ies) covers contractual liability.

4. The policy(ies) is written on an occurrence basis.

5. The policy(ies) covers the District’s Property in Consultant’s care, custody, and control.

6. The policy(ies) covers personal injury (libel, slander, and wrongful entry and eviction) liability.

7. The policy(ies) covers explosion, collapse, and underground hazards.

8. The policy(ies) covers products and completed operations.

9. The policy(ies) covers the use of owned, non-owned, and hired automobiles.

10. The policy(ies) and/or a separate pollution liability policy(ies) shall cover pollution liability for claims related to the release or the threatened release of pollutants into the environment arising out of or resulting from Consultant’s performance under this agreement.

11. The policy(ies) will not be canceled nor the above coverages/endorsements reduced without 30 days written notice to East Bay Municipal Utility District at the address above.

EXHIBIT C – SAMPLE CONTRACT

CONCESSION MANAGEMENT CONTRACT

PARDEE RECREATION AREA

TABLE OF CONTENTS CONCESSIONAIRE RIGHTS AND OBLIGATIONS 1.1 Use of the Premises ............................................................................................................... 1

a. Marinas, Moorage, Docks, Slips and Service Stations ................................................... 1 b. Food Service and Store Facilities .................................................................................... 2 c. Entrance Gates, Parking Lots, Picnic Areas, Staging Areas and Trails .......................... 2 d. Overnight Camping and Recreational Vehicle (RV) Facilities ....................................... 2

1.2 Concessionaire as Independent Contractors .......................................................................... 2 1.3 Maintenance of Facilities ...................................................................................................... 2

a. General ............................................................................................................................ 2 b. Routine Maintenance ...................................................................................................... 3

1.4 Standards of Concessionaire Performance ............................................................................ 3 a. General ............................................................................................................................ 3 b. Maintenance .................................................................................................................... 4 c. Services and Goods ......................................................................................................... 5 d. Personnel ......................................................................................................................... 5 e. Uniforms for Concessionaire Employees ........................................................................ 5 f. Vehicles ........................................................................................................................... 5 g. Unfit Persons ................................................................................................................... 6 h. Employee Orientation Training Program ........................................................................ 6 i. Sanitation, Safety and Patrol ........................................................................................... 6 j. Licenses ........................................................................................................................... 6 k. Compliance with Laws, Rules, Regulations, and Policies .............................................. 7 l. Contract Equity Program Compliance ............................................................................ 7 m. Non-discrimination .......................................................................................................... 7

1.5 Concession Operations Subject to Reservoir Uses ............................................................... 8 1.6 Residency Requirements and Promotions ............................................................................. 9 1.7 Signs, Advertisements and Promotions ................................................................................. 9 1.8 Utility Services .................................................................................................................... 10 1.9 Fire Protection ..................................................................................................................... 10 1.10 Photography ................................................................................................................... 10 1.11 Hazardous Substances ......................................................................................................... 10 1.12 Additional Recreation Operations ....................................................................................... 11 DISTRICT RIGHTS AND OBLIGATIONS 2.1 Public Recreation Season .................................................................................................... 11 2.2 Objectionable Sales and Uses.............................................................................................. 12 2.3 District Operating Rights and Titles .................................................................................... 12 2.4 Fisheries, Wildlife, Range and Forestry .............................................................................. 13 2.5 Utility Services .................................................................................................................... 13 2.6 Law Enforcement ................................................................................................................ 14


2.7 Low Water Access .............................................................................................................. 14 PAYMENTS, FEES AND LIABILITES 3.1 Gross Receipts ..................................................................................................................... 14 3.2 Concession Contract Payment ............................................................................................. 14 3.3 Maintenance/Capital Improvement Fund ............................................................................ 15

a. Concessionaire Payments .............................................................................................. 15 b. Approval of Work ......................................................................................................... 15

3.4 Concessionaire’s Records ................................................................................................... 17 3.5 Fees for Recreation .............................................................................................................. 17 3.6 Fishing Access Fund ........................................................................................................... 18 3.7 Payment of Debts-Prohibition of Liens ............................................................................... 18 3.8 Indemnification and Insurance ............................................................................................ 18 a. Indemnification ............................................................................................................. 18 b. Insurance Requirements ................................................................................................ 19 c. Worker’s Compensation Insurance ............................................................................... 19 d. Public Liability Insurance ............................................................................................. 19 e. Fire Insurance ................................................................................................................ 20 f. Business Auto Liability Insurance ................................................................................ 20 g. Excess or Umbrella Liability Insurance (Over Primary) .............................................. 21 h. Marine Operator’s Legal Liability ................................................................................ 21 i. Pollution Liability Insurance ......................................................................................... 21 j. Commercial Property Insurance .................................................................................... 21 3.9 Liability for Damage to District Property ........................................................................... 22 a. Destruction of Buildings ............................................................................................... 22 3.10 General Insurance Conditions ............................................................................................. 22 TERMS, AMENDMENTS AND OTHER 4.1 Term .................................................................................................................................... 23 4.2 Default and Termination ..................................................................................................... 23 4.3 Attorneys’ Fees ................................................................................................................... 24 4.4 Assignment Subject to District Consent .............................................................................. 24 4.5 Agreement in Writing .......................................................................................................... 24 4.6 Time of Essence .................................................................................................................. 25 4.7 Notices ................................................................................................................................. 25 4.8 Sub-Concession Agreement ................................................................................................ 25 ATTACHMENTS ATTACHMENT A – Recreation Area Maps ATTACHMENT B – Maintenance Standards ATTACHMENT C – Pardee MCIF Approved Expenditure Clarification ATTACHMENT D – MCIF Administrative Procedure ATTACHMENT E – The Pardee Fire Prevention Plan ATTACHMENT F – Red Flag Fire Danger Procedure


ATTACHMENT G – Tree Planting Guideline ATTACHMENT H – Specifications for Permanent Restroom and Chemical Toilet

Cleaning/Servicing and Maintenance ATTACHMENT I – Security standards


Pardee Concession Contract 1

EAST BAY MUNICIPAL UTILITY DISTRICT CONCESSION MANAGEMENT CONTRACT PARDEE RECREATION AREA

This Contract ("Contract") is made and entered into at Oakland, California, this ___ day of _________, 2017 by and between the East Bay Municipal Utility District, a public entity organized and existing under the laws of the State of California, hereinafter referred to as "District", and ______________________, hereinafter referred to as "Concessionaire".

WITNESSETH

WHEREAS, the District owns, operates and maintains Pardee Dam and Reservoir on the Mokelumne River in Amador and Calaveras Counties, State of California, and certain structures and lands adjacent to said reservoir, for a public water supply, and the generation of electrical power; and WHEREAS, District has permitted public fishing, hiking, boating, picnicking, day use, and camping at said reservoir and limited public recreation on certain lands adjacent thereto, all pursuant to applicable laws of the State of California, and subject to the terms of the following documents:

(a) Memorandum of Understanding with the California Department of Fish and Game entitled "Pardee Reservoir Cooperative Fisheries Program" and

(b) Federal Energy Regulatory Commission Project 2916, dated March 10, 1981.

WHEREAS the District desires to enter into a concession management contract for the operation, maintenance, and improvement of District owned public recreation facilities upon said Pardee Reservoir and portions of its surrounding lands as delineated in Attachment A attached hereto and made a part hereof (hereinafter referred to as the "Pardee Recreation Area"); NOW, THEREFORE, in consideration of the mutual covenants, conditions and agreements herein contained, Concessionaire, jointly and severally, agrees with District as follows: CONCESSIONAIRE RIGHTS AND OBLIGATIONS 1.1 Use of the Premises

a. Marinas, Moorage, Docks, Slips and Service Stations District conveys to Concessionaire the exclusive right, privilege and concession within the Recreation Area to operate the marina, docks, slips, service station, and mooring facilities, to rent boats, with and without outboard motors, for operation on Pardee Reservoir by the public for fishing and boating; and to issue fishing licenses, daily fishing access permits, boating and mooring permits for privately owned boats; and to sell



fishing tackle, fishing bait including live bait approved by the California Department of Fish and Game, gasoline and motor oil, propane, life jackets (Coast Guard approved) and marine supplies in connection with said rental services. Also, the District conveys to Concessionaire the exclusive right at the Recreation Area to sell as a dealer small boats and motors.

b. Food Service and Store Facilities

District conveys to Concessionaire, the exclusive right, privilege and concession within the Recreation Area to operate the existing food service and store facilities, or such other facilities as may be approved by the District, and to provide, sell and/or serve hot and cold foods, alcoholic (beer and wine only) and non-alcoholic beverages, tobacco, groceries, sundries, picnic and camping supplies, fuel wood, ice and other merchandise approved by District which are commonly sold at recreation areas in the State of California.

c. Entrance Gates, Parking Lots, Picnic Areas, Staging Areas and Trails District conveys to Concessionaire the exclusive right, privilege and concession within the Pardee Recreation Area to operate the entrance gates, parking lots, day use picnic areas, trail facilities and to sell vehicle parking permits and trail permits. d. Overnight Camping and Recreational Vehicle (RV) Facilities, Mobile Homes, Travel

Trailers, and Overnight Accommodations

District conveys to Concessionaire the exclusive right, privilege and concession to operate overnight camping facilities within the Pardee Recreation Area and to sell camping and RV site use permits.

1.2 Concessionaire as Independent Contractors Concessionaire, in the performance of the terms and conditions of this Contract, is and shall be an independent contractor; and neither it nor any of its agents, employees or representatives are or shall be agents or employees of the District.

1.3 Maintenance of Facilities

a. General

District shall not be obligated to make any improvements, alterations, additions or repairs in or upon any facility, structure, property or equipment operated or used by Concessionaire. Concessionaire shall, at its expense, perform such reasonable routine maintenance and repair, as District shall direct, on all property, equipment, structures and facilities operated or used by it in its operations under this Contract in accord with the Maintenance Standards as provided in Attachment B, attached hereto and incorporated herein by this reference; and such property as is owned or



furnished by District and used by Concessionaire shall be returned to District upon the termination of this Contract in as good condition as when received by Concessionaire, ordinary wear and tear excepted. Concessionaire waives the benefits of Section 1942 of the Civil Code of the State of California. However, certain maintenance and capital improvement projects shall be funded from the Maintenance/Capital Improvement Fund as set forth in Section 3.3 herein and expanded upon in Attachment C (Pardee MCIF Approved Expenditure Clarification), attached hereto and made a part hereof.

b. Routine Maintenance

The District agrees to maintain the perimeter fencing; water, wastewater, and electrical systems; and buoys, buoy lines, hazard markers, log booms, and floating restroom docks anchored off shore in the Recreation Area as set forth in Section 2.5. The maintenance and repair of all other systems, equipment and facilities within the Recreation Area, including, but not limited to, propane (from supplier's delivery point up to and including each gas manifold), above ground electrical, water and sewer connections, landscape, roadways, signs, fences (except perimeter fencing), parking areas, headwalls, culverts, drains and drainage ditches, and buildings shall be the responsibility of the Concessionaire. Detailed descriptions and maintenance performance standards are provided in Attachment B. Concessionaire shall report immediately to the Ranger Supervisor any and all hazards posed by trees. Concessionaire shall take such steps to limit these hazards, including closure of the affected area until the hazard can be corrected. Maintenance/Capital Improvement funding may be used on a case-by-case basis. District staff shall assist in the identification of such hazards. The District shall be responsible for removing hazardous trees from the water, and may from time to time remove other dead or diseased trees from the Recreation Area with the use of District forces, state labor crews or contractors.

1.4 Standards of Concessionaire Performance

a. General

Concessionaire shall at all times conduct their business and operations in conformity to the standards prescribed by District and in a safe, sanitary, orderly and professional manner. Concessionaire shall provide the personnel, labor, equipment, machinery, tools, inventories, supplies, utilities, telephone service, radio system, fuel and other services, goods and commodities (except as expressly provided by District hereunder), necessary for Concessionaire's performance of the services, operation, maintenance, repair and replacement responsibilities which it has assumed hereunder.



Concessionaire shall work directly with the Ranger Supervisor on day-to-day issues and concerns. Appeals and issues of a higher level can be directed to the Manager of Watershed and Recreation followed by the Department Director.

Concessionaire shall at all times maintain the water area encompassing or fronting the above-mentioned facilities and structures in an unobstructed manner as determined by District. Concessionaire recognizes that the boats owned by District or by private individuals must have full and unencumbered access to and use of the waters of said Reservoir at all designated use times. Concessionaire shall exercise general supervision and control over the operation of the public boat launch ramps to ensure all reasonable use by the public of the marina area and each facility, structure, or improvement in the Recreation Area or on the Reservoir. The Concessionaire shall provide services for the non-emergency assistance of disabled vessels on the Reservoir, including, but not limited to the towing of vessels and transportation of the passengers of disabled vessels. Non- emergency assistance shall be defined as all cases in which the Sheriff s Department of jurisdiction deems that there is no life emergency threat and declines response. It shall further be defined as incidents where boaters need aid due to mechanical breakdown of vessels, exhaustion of fuel supply or other conditions where vessels suffer loss of mobility and no known circumstances of weather, fire, medical conditions or other factors present emergency conditions. The Concessionaire shall be properly equipped and prepared to render these services during hours of darkness including operation of vessels in the performance of their duties. These services do not include recovery of sunken vessels. Fees collected for such services shall be at the rate approved by the District. The rates and instructions for obtaining such services shall be clearly posted at the marinas, entrance gates and park offices. Postings shall include instructions for reporting emergencies and for obtaining non-emergency assistance.

Response shall be made as soon as possible after the need is reported by the various Sheriff s Departments, EBMUD Rangers, or other responsible persons, or when such services are specifically requested by the boater, even through a third party. Response shall be underway within thirty (30) minutes of receiving an adequate report during the normal hours of marina operation and shall not be greater than two hours during off hours.

b. Maintenance

All buildings, structures and facilities occupied by Concessionaire hereunder, and the areas surrounding same, shall be maintained by Concessionaire at all times and in such a manner as to present a neat, clean, orderly, inviting and attractive appearance and in accordance with the provisions of Section 1.3, 2.5, 3.3 and Attachments B and C. Should Concessionaire fail to meet these standards for any reason, the District may arrange for the contracting out of services as a remedy and will direct the cost of such services to the Concessionaire.



c. Services and Goods All services and goods offered to the public by Concessionaire shall be subject to the conditions set forth in Section 2.2 and shall be in good taste and of high quality and shall be offered in sufficient quantity and variety and at such times as is necessary to meet the reasonable demands of the visiting public.

d. Personnel Concessionaire shall employ sufficient personnel to operate the facilities and equipment described in Section 1 hereof and to perform the services and the maintenance which Concessionaire has agreed to provide under this Contract. In order to operate the Recreation Area in a safe and orderly manner, the Concessionaire shall assign sufficient staff to meet specific security standards and schedules as contain in Attachment I. Concessionaire shall develop personnel work schedules and facility hours-of-operation for each aspect of the Recreation Area operations and such schedules shall be approved by the Ranger Supervisor. Concessionaire shall use good faith affirmative action efforts to recruit and employ minorities and women to operate the Recreation Area under this Contract. Such efforts shall include but not be limited to notification by Concessionaire of the existence of employment opportunities to the organizations set forth in Attachment D, attached hereto and made a part hereof. Concessionaire shall maintain records which document such good faith efforts. Quarterly reports shall be furnished to the District specifying the composition of the workforce by age, sex and ethnic origin, or more often if requested by the District.

Any on-site manager to be employed by Concessionaire for operation under the terms and conditions outlined herein shall first be approved by the District's Manager, Watershed and Recreation.

e. Uniforms for Concessionaire Employees Concessionaire's employees who come in direct contact with the public shall be suitably clothed and identified, to the satisfaction of District, as employees of Concessionaire. Such uniforms shall not be in conflict with the uniforms worn by District Ranger/Naturalists and shall be coordinated in advance with the Ranger Supervisor.

f. Vehicles

Concessionaire vehicles will all be the same color and clearly identify the vehicle as a Concessionaire vehicle. All vehicles as defined by California vehicle code shall be maintained in a clean and operational condition, be in compliance with



California Vehicle Code, and shall professionally display the company name and phone number. The MCIF will support one and only one utility vehicle for use in the park subject to terms set in attachment C, Pardee MCIF Approved Expenditure Clarification.

g. Unfit Persons

Concessionaire shall not employ or retain in its service, or permit to remain upon any portion of the Recreation Area, any person determined by District to be unfit for employment. All employees shall be subject to a background check which will at the very least include a review under Megan’s Law.

h. Employee Orientation Training Program

Concessionaire shall conduct an Orientation Program for its employees working within the Recreation Area. Such orientation shall be sufficient to enable Concessionaire's employees to address inquires about the Recreation Area from the visiting public. The employee Orientation Program is subject to the approval of the Ranger Supervisor.

i. Sanitation, Safety and Patrol

Concessionaire shall maintain the Pardee Recreation Area in a safe, and sanitary condition at all times, and shall not permit unsafe or unsanitary conditions or a public or private nuisance to develop or exist on adjacent property as a result of conditions in the Pardee Recreation Area. Concessionaire shall operate the Pardee Recreation Area and all buildings, facilities, structures, equipment areas thereon, and in particular, lands immediately adjoining Pardee Reservoir, in a safe, clean and sanitary condition, and in accordance with health, sanitation, safety, water pollution and water contamination laws, rules, regulations and mandates of all public agencies and authorities having appropriate jurisdiction. Concessionaire shall conform with rules and regulations governing the Pardee Recreation Area as from time to time are established by District. District shall have the right to inspect the Recreation Area at any time for any purpose. Concessionaire, in the performance of their responsibilities, shall provide a public information program to acquaint visitors with the proper use of the Pardee Recreation Area with emphasis on safety, health, rules and regulations, water quality and resource protection. Such program is to be reviewed and approved by Ranger Supervisor.

j. Licenses Concessionaire shall, at its expense, obtain from time to time and shall be in



possession of and display such licenses, permits, or certificates as may be required and issued by Federal, State or County health authorities certifying that the business operations, equipment, facilities, products on sale and methods of preparing, serving and selling thereof, all meet current health and sanitation regulations as well as all necessary business licenses and permits. Other Concessionaire responsibilities include submitting a Hazardous Materials Business Plan with the county, and performing periodic updates, inventories and associated plans utilizing the California Environmental Reporting System, and maintaining all Permits-to-Operate for facilities and equipment including but not limited to permits from California Department of Housing and Community Development for Special Occupancy Parks and Amador Air District Fuel Dispensing Facilities.

k. Compliance with Laws, Rules, Regulations, and Policies Concessionaire shall comply with all Federal, State, County and other local government laws, ordinances and regulations, including such rules, regulations, and policies as may be promulgated by District. Should the District propose significant changes to District rules, regulations, or policies, these changes shall be presented to the Concessionaire for review prior to implementation. Should these changes be such that they significantly affect the gross receipts or ability of Concessionaire to make a reasonable net profit then District agrees to renegotiate the percentage payments agreed to herein. Concessionaire recognizes and understands that this Contract may create a possessory interest subject to property taxation and that, if that occurs, Concessionaire shall be subject to the payment of property taxes levied on such interest. Should the Concessionaire receive any citations, cease and desist orders, or notices of law or regulatory violations, or levies of fines, related to the Recreation Area or its operation, the Concessionaire shall notify the District within 24 hours of Concessionaire's receipt of said item. Concessionaire shall be responsible for any such penalties incurred.

l. Contract Equity Program Compliance

Concessionaire expressly agrees that this Contract is subject to District's Contract Equity Program ("CEP"). Concessionaire is familiar with the District's CEP and Equal Opportunity Guidelines, and has read and understood all of the program requirements. Concessionaire understands and agrees to comply with the CEP and all requirements therein, including each of the Good Faith Efforts. Concessionaire further understands and agrees that non-compliance with the CEP requirements may result in termination of this Contract.

m. Non-discrimination

Concessionaire and its employees or agents shall not discriminate on the basis of sex, sexual orientation, race, religion, age, color, disability, or national origin,



against any person by refusing to furnish such person any accommodation, facility, service or privilege offered to or enjoyed by the general public. Nor shall Concessionaire publicize the accommodations, facilities, services or privileges in any manner that would directly or inferentially reflect upon or question the acceptability of the patronage of any person because of sex, sexual orientation, race, religion, age, color, disability, or national origin.

1.5 Concession Operations Subject to Reservoir Uses

Concessionaire understands that the waters of Pardee Reservoir are used as a domestic drinking water supply, and that the continued use of Pardee Reservoir and the adjacent land, including the Pardee Recreation Area, shall depend to a great extent on the ability of District to protect Pardee Reservoir and adjacent land from pollution, contamination or unsanitary conditions. Concessionaire, in the conduct of their business and operations hereunder, shall at all times diligently guard against the contamination or pollution of Pardee Reservoir and the adjacent lands, including the Pardee Recreation Area, or the creation of unsanitary conditions therein or thereon by themselves, their agents, employees, or representatives, or by the general public. Concessionaire shall keep those portions of Pardee Reservoir and Pardee Recreation Area in which they conduct their business and operations in a safe, clean and sanitary condition and shall promptly collect, remove and dispose of, away from property of the District, all rubbish, refuse and waste material accumulating from the conduct of their business or operations, including that resulting from the use of the facilities by the public. Concessionaire shall not dispose of any waste of whatever nature into Pardee Reservoir or upon the adjacent land and shall use diligence to prevent such disposal by the public using the Pardee Recreation Area facilities.

The water level at Pardee Reservoir is subject to fluctuations from time to time because of natural conditions and/or the use of the water therein for irrigation, flood control, power generation, satisfaction of other rights, present or future, or other purposes. Concessionaire hereby releases District and its officers, employees and agents from all claims on account of any loss or damage which it may sustain by reason of such fluctuations; and District may at all times operate said Reservoir and its facilities in connection therewith as it may deem advisable. District shall not be liable to Concessionaire in any respect whatsoever if public fishing on said Reservoir or public use of said Reservoir or of the Recreation Area is prevented or prohibited by action of any public official, agency, board or commission, or for any reason beyond the control of District. In the event that public use of the Recreation Area is diminished to where the Concessionaire's gross receipts or ability to make a reasonable net profit are significantly affected, District agrees to renegotiate the percentage payments agreed to herein.

Should it become necessary to close any part or all of Pardee Recreation Area or adjacent lands to recreational use when in the District's judgment conditions become unsafe or when it becomes necessary for water quality, water supply or other specified purposes, the following schedule shall apply: Closure from 0 to 15 days: No reopening of negotiations



Closure 16 days and over: Open negotiations for a reduction in percentage payments and an extension of term of the contract.

1.6 Residency Requirement of Concessionaire

During the term of this Contract, Concessionaire's manager, or other District approved representative with authority to represent Concessionaire's interests, shall reside in said Recreation Area in a location approved by District. It is understood and agreed that said residency requirement shall be solely for the purpose of the Concessionaire performing the operations, maintenance and capital improvement obligations assumed hereunder, and it is agreed that this representative shall be knowledgeable and ready to respond to park issues and emergencies, including after hours, and have a published contact phone number. Residency requirement shall be without charge to the Concessionaire except for the obligations assumed hereunder regarding electrical, propane, telephone and garbage service. It is further understood and agreed that said residency requirement shall in no way create any vested right to or interest in the property of District, and that said resident shall be fully responsible for any tax consequences resulting from said residence. Any such residency requirement shall cease and terminate upon the termination of this Contract as hereinafter provided. The privilege of residence may be extended in accordance with this Section, with approval of District's Manager, Watershed and Recreation, to additional employees or sub-Concessionaires of Concessionaire. Concessionaire shall be fully responsible for any tax consequences resulting from said additional residences. The area known as “employee hill” has 5 RV hook up sites available/maintained for this purpose and all installations and activities are subject to prior approval by Ranger Supervisor and all HCD rules, regulations and inspections.

Any such residency requirement shall cease and terminate upon the termination of this Contract as hereinafter provided. All residential use is subject to the terms and conditions of the Employee Occupancy Agreement renewed annually. District agrees to provide water service to the approved residence(s) at no service charge to Concessionaire provided, however, that any and all extensions and connections for said services as well as other utilities required, shall be at the sole expense of Concessionaire.

1.7 Signs, Advertisements and Promotions

Concessionaire shall not at any time place or display any sign, placard, notice or advertisement on or about the Reservoir or Recreation Area, nor on public roads around the Recreation Area, unless the approval of the Ranger Supervisor is first obtained. Concessionaire also agrees that it shall, at its sole cost and expense, undertake full



promotion, advertising and publicity of the Recreation Area, subject, however, to prior approval by the District's Manager of Watershed and Recreation, of any and all major promotional releases, brochures, scripts, advertisements, press releases, tapes or video spots, or any other means or method of said promotion, advertising or publicity. All promotional releases shall state that the Recreation Area is an East Bay Municipal Utility District facility and contain the District logo.

1.8 Utility Services

Concessionaire shall promptly pay when due all charges for public utility services in connection with its operations, including charges for all electrical power service except that used at district's water facilities.

1.9 Fire Protection

The local fire districts are responsible for all structure fires within the Recreation Area and the State Department of Forestry and Fire Prevention has the primary responsibility for wildland fire prevention and suppression activities on the Pardee Reservoir watershed lands.

Concessionaire shall take all necessary precautions to prevent fire in or about the facilities and area occupied by them, and they shall carefully observe all rules of District relative thereto. Concessionaire shall, at their expense, purchase, install and maintain such fire prevention and firefighting practices, apparatus or equipment and safety related items as may be required and are customary in public recreation areas of similar nature in the State of California, said practices and equipment to be subject to District approval. District agrees to furnish water for fire protection at no (service) cost to Concessionaire. The supplying of water by District hereunder shall not in any way be construed as an obligation, contractual or otherwise, of District to furnish fire protection services.

1.10 Photography

No photography for commercial purposes shall be permitted within the Recreation Area without the prior express written permission of District. Photography related to promotional endeavors such as for park brochures and local media promotions are allowed. District reserves the right to issue permits for the use of the Recreation Area to persons or corporations engaged in the production of commercials and for taking still and motion pictures when such permission will not interfere unreasonably with the business of Concessionaire.

1.11 Hazardous Substances

No goods, merchandise or material shall be kept, stored or sold in or on said premises which are in any way explosive or hazardous; and no offensive or dangerous trade,



business or occupation shall be carried on therein or thereon, and nothing shall be done on said premises, other than as is provided for in this Contract, and no machinery or apparatus shall be used or operated on said premises which will in any way damage said premises, adjacent buildings or the public. All hazardous materials, including gasoline and oil, shall be stored, handled, and dispensed in compliance with all applicable state and local laws, ordinances, rules and regulations. All storage containers and tanks shall be properly labeled, and required manifests shall be kept and accessible for inspection at any time. Routine inspection of storage facilities shall be reported to the District on a frequency established by the Ranger Supervisor. Hazardous materials spill kits shall be the responsibility of Concessionaire to provide and maintain and shall be kept in specific locations specified by the Ranger Supervisor. Concessionaire is responsible for maintaining a Hazardous Materials Business Plan, a Spill Prevention Control and Countermeasures Plan, and establishing protocols, procedures, policies, and personnel training as required by law. All plans shall be submitted through the California Environmental Reporting System (CERS). A complete set of Materials Safety Data Sheets will be available at all times for reference.

1.12 Additional Recreation Operations

In addition to the aforesaid concession operations and activities, Concessionaire may from time to time, as Concessionaire deems necessary or proper, provide additional service, accommodations or goods for the use of the public in said Recreation Area; provided, however, that Concessionaire shall provide no new, expanded, or supplemental recreational services without prior written approval of District and subject to mutually agreeable terms and conditions. District may promulgate specific regulations for application to approved additional services, accommodations and goods for the public within said Recreation Area and Concessionaire agrees to follow the same and be bound thereby.

DISTRICT RIGHTS AND OBLIGATIONS 2.1 Public Recreation Season

During the term of this Contract, Pardee Recreation Area facilities shall remain open to the public in continuous daily operation during such time and such business hours as District may from time to time establish; provided, however, it is understood and agreed that District intends to operate Pardee Recreation Area on a seven day week basis from the Thursday prior to Presidents Day Weekend in February through the first Sunday in November. Said facilities shall be operated by Concessionaire to their fullest extent and be adequately staffed to provide complete, full and adequate public service. Gate staffing and patrol coverage schedules to be reviewed and approved by District. District shall have the full right and authority, as it sees fit from time to time during



the period of this Contract, to determine, redetermine, fix and alter the time schedule, the months of each year, the particular days of each month and week, and the hours of each day on or during which Pardee Reservoir shall be open to public fishing and the Pardee Recreation Area shall be open to public use, and Concessionaire agrees to abide by such determination without demand or liability upon the District.

During the term of this Contract, the Recreation Area shall remain open to the public in continuous daily operation. Individual facilities such as the marina store and restaurant shall be open during such time and such business hours as District may from time to time establish. The facilities shall be operated by Concessionaire to their fullest extent and be adequately staffed to provide complete, full and adequate public service. During critical operating periods (such as dry years or during the off-season of use), District and Concessionaire will jointly determine which facilities shall be operated and at what level.

2.2 Objectionable Sales and Uses

a. District reserves the right to prohibit the sale, display, rental or use by Concessionaire of any article or item which District regards as objectionable or beyond the usual scope of merchandise or equipment deemed necessary for providing proper service to the public or of inferior quality.

b. Concessionaire and District shall from time to time review items sold and

containers or utensils used or dispensed by Concessionaire. Whenever possible Concessionaire shall eliminate the sale or use of non-returnable and non-recyclable containers, plastics, etc. Styrofoam cups and containers shall not be used or sold by Concessionaire.

c. No pesticides, herbicides or fungicides shall be sold by Concessionaire and

none of these products shall be used by Concessionaire unless it has obtained an approved Integrated Pest Management Plan clearly defining the proposed use.

2.3 District Operating Rights and Titles

The District has the following rights and titles:

a. The right to perform work which it determines to be necessary or beneficial for the creation, improvement, conservation, preservation, resource protection, maintenance, repair and/or operation of the Pardee Recreation Area, Pardee Reservoir, buildings, structures, areas and facilities in connection with Pardee Reservoir, and the adjacent land. Concessionaire shall be given reasonable notice, except in the event of any emergency, prior to performance of such work, and shall at all times adjust and coordinate their business matters in such a manner that District and its employees, agents and



contractors may proceed expeditiously with the work.

b. The right to close any part or all of the reservoir, the Recreation Area, or adjacent lands to recreational use, without penalty when in its judgment conditions become unsafe or when it becomes necessary for water quality or water supply purposes. In the event that 2.3(a) or (b) are implemented in such a manner that Concessionaire's gross receipts are significantly affected then District agrees to renegotiate the percentage payments agreed to herein.

c. The right to enter and inspect any or all of the structures, facilities and

equipment used by Concessionaire in performance of said concession operations, for any purpose whatsoever and at any time.

d. Title to all facilities and equipment described in Section 1 hereof, excepting

items and equipment purchased by the Concessionaire at its sole cost and expense and to any replacements, substitutions and modifications thereof, shall remain in District, and shall remain upon and within the Recreation Area and be surrendered upon termination of this Contract, whether by expiration of its term, cancellation or otherwise. No such facilities or equipment shall be removed from the Recreation Area by Concessionaire at any time; provided, however, that equipment may be temporarily removed from the premises to perform maintenance thereon and upon giving advance notice of such removal to the Ranger Supervisor.

2.4 Fisheries, Wildlife, Range and Forestry

District shall be responsible for the management of fishery, wildlife, range and forestry resources at Pardee Reservoir, the Recreation Area, and on adjacent District lands. Should the District propose significant changes to the management of any of these resources, but especially to the fishery, which could materially impact the Concessionaire operations, District will first meet and discuss these changes with the Concessionaire.

2.5 Utility Services

District shall provide and maintain, at no cost to the Concessionaire, all the underground water, (except for that used exclusively for irrigation) sewer, and electrical systems for the Recreation Area. The Concessionaire shall be responsible for propane from the supplier's delivery point up to and including each gas manifold. Maintenance of above ground hose bibs, faucets, hydrants, drinking fountains, valves and drains and the below ground portion of the water system used exclusively to irrigate turf, plants and trees shall be the responsibility of the Concessionaire. Major upgrade and replacement may be accomplished through the Maintenance/Capital Improvement Fund upon District approval. Where the District-owned electric service is underground, District shall maintain service up to the individual electrical distribution panels.



2.6 Law Enforcement

The local law enforcement agencies are primarily responsible for police protection and law enforcement. The District shall provide for additional law enforcement services to the Pardee Recreation Area as deemed necessary by the District. Additional security services shall be at the sole expense of Concessionaire and only after written District approval has been obtained.

2.7 Low Water Access

The District shall provide reasonable low water ramp access to the reservoir when and if water levels recede to an extent to make this necessary, subject to its ability to obtain required permits/approvals.

PAYMENTS, FEES AND LIABILITIES 3.1 Gross Receipts

The term "gross receipts", wherever used in this Contract, shall mean all money, property, or any other thing of value received by Concessionaire through the operation of the entire concession under this Contract including the various business operations specified, or from any other business carried on by them upon the Recreation Area, Pardee Reservoir or the adjacent land of District or from any other use of the Recreation Area or said Reservoir, without any deductions; provided, however, that the words "gross receipts" shall not include any sales or excise taxes imposed by any governmental agency or any portion of fishing license revenue remitted to the State or fishing access fees collected by Concessionaire; provided further that gross receipts shall not include any money, property or thing of value received by Concessionaire pursuant to approved subconcession agreements. Concessionaire agrees to pay District a percentage of all money, property or things of value received under said subconcession agreements, said percentage to be mutually agreed upon at the time District approves said subconcession agreement. Any thefts, defalcations or other losses of said gross receipts shall be borne solely by Concessionaire.

3.2 Concession Contract Payment

Concessionaire shall pay to District during the entire term of this Contract for the right to exercise the privileges herein contained, 3%∗ of the gross receipts as a cash franchise fee. The payment to District shall be made on or before the fifteenth day of each calendar month. The payment shall be based on gross receipts of the preceding calendar month and shall be paid to District at 375 11th Street, Oakland, California. In the event a payment is not made on or before the due date herein provided, Concessionaire shall

∗ this is for example only and represents the current 2017 fee



pay to the District a late charge on said unpaid amount at the rate of fifteen percent (15%) per month from and after the due date thereof until the date of payment.

3.3 Maintenance/Capitol Improvement Fund

a. Concessionaire Payments

In addition to the concession contract payment described in paragraph 3.2, Concessionaire agrees to provide monthly payments for major maintenance of District-owned facilities and/or for capital improvements to the Recreation Area. The amount of the monthly payment required shall be 8%*. On or before the fifteenth day of each calendar month, the Concessionaire shall deposit a percentage of the gross receipts, as specified in the above schedule, into a separate account designated as "Pardee Maintenance/Capital Improvement Fund" and maintain to the satisfaction of the District adequate records thereof. The account shall be interest bearing. All principal and interest earned on the funds shall be used exclusively for major maintenance or capital improvement purposes at Pardee Recreation Area.

b. Approval of Work

The Concessionaire shall prepare, with input from the District, an annual maintenance/capital improvement plan of proposed work by December 31 and forward a copy to the District for approval. No maintenance/capital improvement work shall begin without the District's prior written approval, obtained for each project on forms provided by the District specifically for this purpose.

In order to qualify as a justifiable Maintenance/Capital Improvement Fund expenditure, a minimum cost of $500.00 is necessary unless it has been otherwise identified within the Maintenance Standards (Attachment B) or the Pardee MCIF Approved Expenditure Clarification (Attachment C). Approval or denial of "Work Authorizations" in the past is not precedent setting as situations and management objectives change from time to time. Attachment C, Pardee MCIF Approved Expenditure Clarification, shows some of the activities, projects, and equipment acquisitions for which Maintenance/Capital Improvement funds may be expended. The List of Approved Pardee MCIF Expenditures (a living document to be updated periodically by mutual consent of District and Concessionaire) shall be incorporated into the contract. Expenditures for maintenance and capital improvements shall have the District's prior written approval and shall be made before December 31 of each year unless the District's written approval for carryover is given. It is contemplated that these

*This is for example only and represents the current 2017 fee



expenditures will include equipment rentals and purchases, contract construction, or the occasional use of the Concessionaire's labor force. Larger projects considered for completion by Concessionaire’s labor force must first be approved by Ranger Supervisor and the labor cost must be competitive with outside contract work, and the work be of professional quality. When Concessionaire uses its own labor, payment for such labor for the purpose of this Contract shall be calculated at two times the minimum wage. No payment for management/supervision will be allowed. Routine repairs (fixing pumps, unplugging sink drains, repairing lawn mowers, land based chemical toilets, copiers or fax machines) are part of the day-to-day maintenance requirements of operating a recreation area and are not justifiable "Fund" projects even though the equipment being repaired may belong to the District. Weed abatement, routine dock adjustment, chemical toilet routine maintenance and service contracts are not justifiable "Fund" items. It is recognized that certain improvements may cost in excess of the funds available from the Pardee Maintenance/Capital Improvement Fund. The District agrees that it shall pursue grants or other sources of revenue to assist in such work. It is understood and agreed that neither District nor Concessionaire shall be required to incur any cost or expense for the installation or construction of new buildings, structures or facilities during the term of this Contract, except as provided herein. At the commencement of this contract, there may be existing funds in the Pardee Maintenance/Capital Improvement Fund derived from the previous concession contract. Said funds shall be carried over into this Contract and, upon approval from the District, used pursuant to this Section. Any unexpended Pardee Maintenance/Capital Improvement Fund monies on hand at the termination of this contract shall become the property of the District. Concessionaire shall maintain ownership and control of the bank accounts associated with the MCIF and Fishing Access Fund (FAF) programs; however, expenditures from these accounts will be jointly managed. Manager of Mokelumne Watershed and Recreation shall be designated as the signatory and Manager of Natural Resources shall be designated as the backup for both accounts. Concessionaire shall be responsible for issuing IRS 1099 forms to all applicable MCIF and FAF vendors and shall remain fully compliant with all IRS and State of California tax requirements at all times. The MCIF Administrative Procedure (Attachment D) (a living document to be updated periodically) shall be incorporated into the contract. It may be changed from time to time as administrative circumstances necessitate. All such changes shall be in



writing.

3.4 Concessionaire’s Records Concessionaire shall maintain books, records, documents and other evidence in accordance with accepted business practice and appropriate accounting procedures and practices. District or any of its duly authorized representatives shall have access to such books, records, documents or other evidence, including business income tax returns or the business schedules from personal tax returns, for the purpose of inspection, audit and copying at any time during the term of this Contract and for a period of five (5) years following the termination of this Contract. Concessionaire shall provide proper facilities for such access and inspection. Concessionaire shall at their sole cost and expense, install and maintain such business equipment as may be deemed necessary by the District. Concessionaire shall furnish to the District, on or before the fifteenth day of each calendar month during the term of this Contract, an itemized statement of the revenue categories responsible for the gross receipts from Concession operations under this Contract during the preceding calendar month. Requirements for records retention shall follow current published District standards. The Concessionaire shall provide to the Ranger Supervisor on or before the 10th day of each calendar month during the term of this Contract a statement of the preceding month's total revenue and attendance by categories. Concessionaire shall annually (by March 15th) mail a “statement of Concessionaire’s gross receipts” for the previous calendar year, certified by a CPA or approved equivalent, to EBMUD Controller at PO Box 20455 Oakland CA 94623 and deliver one to the Mokelumne Watershed and Recreation Division Office. Statement shall include MCIF and FAF activity for the period. In addition to the above, the Concessionaire may be asked by the Ranger Supervisor to provide additional statistical information. This may include expanded visitor information including permanent residence, age category, number of disabled visitors, revenue reports, fish plants, fishing surveys and other recreational use information. Surveys may be required from time to time to identify the number of visitors per vehicle, peak weekend use and other requested information.

3.5 Fees for Recreation

Concessionaire shall collect all fees as District shall establish for vehicle entrance, daily fishing access, boat registration, boat and motor rentals, moorings, camping, RV site use fees, trail permits or other recreational activities. Establishment and modification of recreational fees shall be the sole responsibility of District. Concessionaire shall submit suggested adjustments to recreational fees, exclusive of boat rental fees, biennially and synchronized to the District’s established two-year rate cycle. Proposed adjustments shall be submitted by November 1,



fourteen months preceding this two-year cycle and shall include recent comparability information and complete justification for suggested adjustments, etc., and District agrees to reasonably consider said fee adjustments. Suggested adjustments to boat rental fees may be submitted annually. When recreational fees are established and amended from time to time the recreational fees for similar services in comparable recreation areas will be considered by the District to be significant. All other prices and charges collected by Concessionaire from the public for its business operations under this Contract shall be reasonable, consistent with good service, high quality food, and reasonable portions, and those usually applied in similar public recreation areas, and shall be subject to approval by District. Concessionaire shall also post the recreational fees in the Recreation Area at such places as may be designated by District. District shall have access to and the right to inspect the schedule of prices for all goods sold and services rendered or performed within the Recreation Area. Any price or charge determined by District to be unreasonable for the services rendered or the item sold, or any portion determined to be inadequate shall be modified by Concessionaire immediately as directed by District.

3.6 Fishing Access Fund

Concessionaire shall collect and deposit the Daily Fishing Access Fee receipts into an interest-bearing account for use solely for replanting Pardee Reservoir. Said interest-bearing account shall be titled Pardee Fishing Access Fund. Any unexpended Pardee fishing access fee monies on hand at the termination of this contract shall become the sole property of the District.

3.7 Payment of Debts-Prohibition of Liens

Concessionaire shall promptly pay all debts incurred by it for materials, supplies, equipment, merchandise or services used in or about or in connection with its business or operations in the Recreation Area, and the wages and salaries of all employees employed thereon. Concessionaire shall permit no liens to be levied upon or to attach to any property used by it in the performance of this Contract. It shall pay before delinquency all license fees, taxes and assessments imposed, levied or assessed upon it or upon any property used by it in the performance of this Contract or upon its possessory interest therein, upon its business or activity conducted hereunder or it’s right to conduct same, or based upon the proceeds of such business or activity.

3.8 Indemnification and Insurance

a. Indemnification

Concessionaire has the entire responsibility at the marinas and Recreation Area for any and all injury to the public and to individuals arising out of occupancy, use or operation of Recreation Area or Reservoir to the extent the Reservoir is used for recreation, and all



facilities and equipment therein, by concessionaire and the public under the terms and conditions of this Agreement except for the liability associated with District reservoir operations outside the scope of this Agreement , and except for the liability associated with infrastructure failure of the water and wastewater systems and the damage caused by same. The Concessionaire expressly agrees to indemnify, defend and hold the District, its agents, Directors, officers, and employees free and harmless from and against any and all loss, liability, expense, claims, costs, suits and damages including attorneys’ fees arising out of or resulting from Concessionaire’s, its associates’, employees’, contractors’, or agents’ performance under this Agreement , including, but not limited to the occupancy, use or operation of the Recreation Area or Reservoir to the extent the Reservoir is used for recreation, and all facilities and equipment therein as provided under the terms and conditions of this Agreement, except when such injury or damage is caused by the active negligence or intentional and willful misconduct of the District, its officers, employees or agents.

b. Insurance Requirements Concessionaire shall take out and maintain during the life of this Agreement, all the insurance required by this Section and shall submit Certificates for review and approval by the District. The Certificates shall only be on forms provided by District. Acceptance of the Certificates shall not relieve Concessionaire of any of the insurance requirements, nor decrease the liability of Concessionaire. District reserves the right to require Concessionaire to provide insurance policies for review by District. If copies of the insurance policy(ies) are requested, Concessionaire shall provide copies within ten (10) business days of a written request from District. A notice to proceed shall not be issued, and Concessionaire shall not commence work until such insurance is approved by District.

c. Workers’ Compensation Insurance

Concessionaire shall take out and maintain during the life of this Agreement, Workers’ Compensation Insurance on a state-approved policy form providing statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident for all covered losses and shall cover all employees working in the business or operations. Concessionaire shall require any of their contractors to provide it with evidence of Workers’ Compensation Insurance.

d. Commercial General Liability Insurance Concessionaire shall take out and maintain during the life of this Agreement, Commercial General Liability Insurance using “Commercial General Liability” policy form CG 00 01, with an edition date of 2007 or the exact equivalent. The policy shall provide protection from claims that may arise from operations or performance under this



Agreement. Coverage for an additional insured shall not be limited to its vicarious liability. Defense costs must be paid in addition to limits. Limits shall be no less than $2,000,000 per occurrence for all covered losses and no less than $2,000,000 annual general aggregate. The following endorsements/coverages must be included in the policy: Concessionaire’s policy shall contain no endorsements limiting coverage beyond the basic policy coverage granted for any of the following: The District, its Directors, officers, employees, volunteers and agents are Additional Insureds in the policy(ies) as to the operation of the Concessionaire under this Contract; Concessionaire agrees to endorse third party liability coverage required herein to include as additional insureds: District, its officers, employees and agents using ISO endorsement CG 20 10 with an edition prior to 2004.

(a) The policy(ies) covers District property in Concessionaire’s care, custody, and control;

(b) The policy(ies) covers personal injury (libel, slander, wrongful entry, and eviction) liability;

(c) The policy(ies) covers explosion, collapse, and underground hazards;

(d) The policy(ies) covers watercraft liability insurance including but not limited to, coverage for rental watercraft and marina operations;

(e) The policy(ies) covers liability associated with sale of alcohol and/or management of facilities that allow alcohol;

(f) The policy(ies) shall not be canceled nor the above coverages/ endorsements reduced without 30 days written notice to East Bay Municipal Utility District at the address below.

e. Fire Insurance Concessionaire shall maintain in full force and effect during the term of this Contract a standard form of fire insurance policy in an amount equal to the full insurable value on all District owned buildings, structures, facilities, machinery, and equipment (except the District-owned boat house and boat within) located within Pardee Recreation Area and occupied or used by Concessionaire, the loss under the policy to be payable to District. Concessionaire shall maintain in full force and effect during the term of this Contract a fire insurance policy in an amount equal to the full insurable value of any structures, facilities, machinery and equipment owned by Concessionaire (in excess of $1,000 in value), loss to be payable to Concessionaire. f. Business Auto Liability Insurance Concessionaire shall take out and maintain Business Auto Liability Insurance on ISO Business Auto Coverage form CA 00 01 including owned, non-owned and hired autos,



or the exact equivalent. Limits shall be no less than $2,000,000 per accident, combined single limit. If Concessionaire owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Concessionaire or Concessionaire’s employees will use personal autos in any way on this project, Concessionaire shall obtain evidence of personal auto liability coverage. g. Excess or Umbrella Liability Insurance (Over Primary) Excess or Umbrella Liability Insurance (Over Primary), if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Such policy or policies shall include as insureds those covered by the underlying policies, including additional insureds. Coverage shall be “pay on behalf”, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to District for injury to employees of Concessionaire, or others involved in the Work. The scope of the coverage provided is subject to approval of District following receipt of proof of insurance as required herein.

h. Marine Operator’s Legal Liability

Concessionaire shall take out and maintain coverage to protect the marina operator for property damage that may occur to private pleasure boats in its care, custody and control. Covered operations include repair, alteration, service, maintenance, storage, mooring, hauling or launching, and fueling of privately owned vessels. i. Pollution Liability Insurance

Concessionaire shall take out and maintain Pollution Liability Insurance. The policy(ies) shall cover pollution liability for claims related to the release or threatened release of pollutants into the environment arising out of or resulting from Concessionaire’s performance under this Agreement. j. Commercial Property Insurance

Concessionaire shall take out and maintain Commercial Property Insurance covering the leased premises, fixtures, equipment, building, all property situated in, on, or constituting a part of the premises and any improvements. Coverage shall be at least as broad as the Insurance Services Offices broad causes of loss form CP 10 20, and approved in writing by District. Coverage shall be sufficient to insure one hundred percent (100%) of the replacement value and there shall be no coinsurance provisions. The policy shall include an inflation guard endorsement, one hundred percent (100%) rents coverage, contents coverage, coverage for personal property of others, ordinance or law and increased cost of construction coverage. District shall not be liable for any business income or other consequential loss sustained by lessee. District shall not be



liable for any loss of lessee’s personal property even if such loss is caused by negligence of District, District’s employees or agents.

3.9 Liability for Damage to District Property

Concessionaire shall be liable for any and all damages to District property occurring by reason of its performance or operations under this Contract. a. Destruction of Buildings In the event of destruction, loss or damage by fire or other cause of any of the District-owned buildings, improvements, structures or facilities used by Concessionaire in connection with its operations or business hereunder, District shall not be obligated to replace any destroyed, lost or damaged property or be liable to Concessionaire for any loss of use or damage. In the event loss or damage occurs to any property for which insurance coverage has been obtained through Concessionaire’s policy(ies) and such insurance proceeds are adequate to cover the cost to replace the damaged property, then District agrees to use the proceeds of such insurance to rebuild or replace any property so damaged or destroyed, up to the amount of the proceeds.

3.10 General Insurance Conditions

a. Concessionaire agrees to waive rights of recovery against District regardless of

the applicability of any insurance proceeds, and to require all indemnifying parties to do likewise.

b. All insurance coverage maintained or procured by Concessionaire shall be endorsed to delete the subrogation condition as to District, or must specifically allow the named insured to waive subrogation prior to a loss.

c. All coverage types and limits required are subject to approval, modification and additional requirements by the District. Concessionaire may not make any reductions in scope or limits of coverage that may affect District’s protection without District’s prior written consent.

d. Proof of compliance with these insurance requirements, consisting of endorsements and certificates of insurance, shall be delivered to District within ten (10) working days of the execution of the Agreement or exercise an extension to the Agreement. If such proof of insurance is not delivered as required, or if such insurance is canceled at any time and no replacement coverage is provided, District has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests. Any premium so paid by the District shall be charged to and promptly paid by Concessionaire or deducted from sums due Concessionaire.



e. Concessionaire agrees to endorse the insurance provided pursuant to these requirements, to require thirty (30) day notice to District prior to cancellation of such coverage or any material alteration or non-renewal of any such coverage, and to require indemnifying parties to do likewise.

f. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Concessionaire or indemnifying party, is intended to apply first and on a primary non-contributing basis in relation to any other insurance or self-insurance available to the District.

g. Concessionaire agrees to request approval to self-insure or to use any self-insured retentions on any portion of the insurance required herein.

h. Concessionaire will renew the required coverage annually as long as the District, its Directors, officers, employees, and/or agents face an exposure from the operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is cancelled or terminated for any reason. Termination of this obligation is not effective until District executes a written statement to that effect.

TERMS, AMENDMENTS AND OTHER 4.1 Term

The term of this Contract shall be for a period commencing on December 1st 2017, and ending on November 30, 2022, unless terminated on an earlier date as provided below. The anniversary date of this Contract shall be December 1st.

At the sole discretion of the District, this Contract can be renegotiated at the end of the term stated above for an additional five year term. This renegotiation shall be based on the past performance of Concessionaire in all areas of responsibility assigned under this Contract and on the operational goals and objectives of the District. The renegotiation, if deemed appropriate by the District, shall commence by June 30, 2022.

4.2 Default and Termination a. In the event Concessionaire defaults under this Contract by:

1) Failing to pay to District at the times and in the manner required the sum or sums required to be paid in Section 3 of this Contract;

2) Failing to pay into the Maintenance Fund/Capital Improvement Fund at the times and in the manner required by Section 3, of this Contract;

3) Failing to operate the concession in accordance with the standards prescribed by District;

4) Permitting the operation of the concession to be conducted in an unlawful manner; or



5) Violating any of the other terms or conditions of this Contract,

District may, at its option and in addition to any other legal remedies it may have, terminate this Contract and take immediate possession of the premises, including any and all District property in possession of Concessionaire, and remove any and all persons or property from the premises. Before termination by reason of a curable default on the part of Concessionaire, District shall send written notice to Concessionaire specifying the particulars under which Concessionaire is in default and demanding performance in accordance with the terms of this Contract. If, within ten (10) days after such notice is given, Concessionaire complies with the notice, or has in good faith commenced the work or acts necessary to immediately and fully comply and diligently prosecutes these work or acts to completion, the Contract shall not be terminated; but in the event Concessionaire fails to immediately and fully comply with any default notice, District may terminate the Contract. Upon expiration of the term or other termination of this Contract, and if Concessionaire is not in default, Concessionaire shall within thirty (30) days remove from the Recreation Area and Reservoir, in a manner satisfactory to District, all personal property belonging to Concessionaire. If Concessionaire fails to remove its personal property, District may, at its election, consider the property as abandoned, and may dispose of the property at Concessionaire's expense. At termination of this contract, the Concessionaire will be compensated by District for unsold resale inventory at invoice cost.

4.3 Attorneys’ Fees

In the event either party to this Contract shall bring suit to compel performance of or to recover for breach of any covenant, agreement or condition contained in this Contract, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs of suit.

4.4 Assignment Subject to District Consent

Concessionaire shall not assign, transfer nor sublet any of the rights or privileges given to it under this Contract, voluntarily or involuntarily, or permit the exercise thereof by any third persons, firms or corporations, public or private, without the written consent of District having first been obtained. Concessionaire understands and agrees that the District has an absolute right to withhold consent to a proposed assignment or sublease for any reason, including but not limited to public policy reasons.

4.5 Agreement in Writing

This concession Contract contains and embraces the entire agreement between its



parties and neither it nor any part of it may be changed, altered, modified, limited or extended orally or by any agreement between the parties unless such agreement is in accord with provisions contained herein, is expressed in writing, and signed and acknowledged by District and Concessionaire or their successors in interest.

4.6 Time of Essence

Time shall be of the essence in the performance of this Contract. 4.7 Notices

All notices herein provided to be given, or which may be given by either party to the other shall be deemed to have been fully given when made in writing and deposited in the United States mail, certified and postage prepaid, and addressed as follows:

To Concessionaire:

To District:

East Bay Municipal Utility District Attn: Manager, Natural Resources 15083 Camanche Parkway South Valley Springs, CA 95252

Either or both of said addresses may be changed at any time by written notice given by one party to the other as hereinabove provided. Nothing herein contained shall preclude the giving of any such notice by personal service.

4.8 Sub-Concession Agreements

Concessionaire shall not enter into any sub-concession agreements without prior written approval of District. If consent to a sub-concession agreement is given by District, Concessionaire shall be, and hereby agrees to be, and remain fully bound and responsible hereunder for such duties and obligations as may be assigned to another.

Any sub-concession agreement entered into by Concessionaire shall expressly provide for a recognition and acceptance of all of the terms of this concession Contract as binding upon the sub-Concessionaire.



IN WITNESS WHEREOF, the parties hereto have executed this Contract the day and year first above written.

Approved as to form: EAST BAY MUNICIPAL UTILITY DISTRICT __________________ BY:

Shad Gulch

CHIL

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P RD

Plasse Gulch

K irkwoo

d Gulch

Sage

Gulch

Gale Gu

l c h

Lecler o GulchW eatherbee Gulch

SPILLWAY

JACKSONCREEKSPILLWAY

DAM

RECREATIONAREA

LOGBOOM

MIDDLE BARBRIDGE

WATERTOW

N RD

STONY CREEK ROAD

Copper Min e

Gulch

Tule Gulch

Con don Gulch

Ca ve Gulch Dufresne Gulch

Gra pevineGulch

School Land Gulch

Fletcher Gulch

McA

ff ee Gulch

Tha tc hers Gulch

PARDEE DAM

ROA

D

M okelumne River SA

ND

RETTO RO

AD

CAMPO SECO

CAMPO SECO ROAD

PALO

MA

ROAD Salt

Gulch

Yager’s Gulch

Chum

a Gulch

Spanish

GulchBlack Gulch

Stewa r t Gulch

PALOMA ROAD

GW

IN M

INE

ROA

D

Poorman

Gulc h

26

MOKEL

UMNE

HILL

RE S TRI C TE D A RE A

PA RD E E RE S E RV O I R

FO R RE FE RE N C E PU RPO S E S O N LY. D I S TA N C E S A RE A PPRO X I M A TE .

PA RD E E RE C RE A TI O N A RE A

PE A K S

SCA LE IN MILES

O 1.O 1.5 2.ON

PARD

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OUTLETTOWER

ROAD

JAC

KSO

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Rich Gulch

M ok e l um ne

R i ve

r

BIG DOMEELEV=1436'

GOAT HILLELEV=1518'

JOHN BULL PEAKELEV=1053'

CHROMEMOUNTAINELEV=1207'

WATERS PEAKELEV=950'

W iedemann G u l ch

Norton Gulch

Woodp ile Gulch

L awry G ulch

VALLEY SPRINGS

MID

DLE BA

R ROAD

Attachment A

35’

40’

40’

40’

40’

40’

40’

40’

40’

40’

40’

40’

40’

40’

40’

40’

40’

40’

40’

40’

40’

40’

40’

40’

40’

40’

40’

40’

40’

40’

40’

40’

40’

40’

40’

40’

40’

35’35’

40’

40’

40’

40’

40’

40’

40’

40’

40’

40’

40’

40’

40’

45’

35’

35’

35’

56

55

54

53

52

51

50

49

48

47

46

45

44

43

42 28

29

30

31

32

33

34

35

36

37

38

39

40

27

25

24

23

22

21

20

19

18

17

16

15

14

13

26

11

10

9

8

7

6

5

4

3

2

1

1241

COMMON PATH

COMMONAREA

Sites by maximum RV length

35 Ft. Sites 7–8, 12, 41

40 Ft. Sites 9–11, 14–26, 30–40, 42–55

45 Ft. Site 13

LEGEND

SITES

AMENITIES

RESTROOMS

SHOWERS

LAUNDRY

WATER

GRILL

FIREPIT

CAMPFIRE SEATING

SHORT-TERM SITES

LONG-TERM SITES

L-013 • 02-2017(3359)

PardeeRecreation Area

RV Park

NOT TO SCALE

RVGUESTPARKING

BOCCEBALLCOURT

HORSESHOEPITS

ATTACHMENT B


AND

PARDEE CONCESSIONAIRE

MAINTENANCE STANDARDS

Pursuant to the Concession Management Contract for Pardee Recreation Area, covering the period ______________ through __________________, the following is a routine maintenance schedule to be followed by the Pardee Concessionaire during the term of the contract. The terms and conditions of these Maintenance Standards may be revised by mutual agreement of both Concessionaire and the District when expressed in writing.* PART I: GENERAL

A: INSPECTION

General inspection of the premises under Concessionaire management will be made annually by District staff in company with Concessionaire management. The purpose of the inspections will be to identify specific maintenance items which require the attention of the Concessionaire for routine or major maintenance and to determine the level of compliance with the schedule and standards for maintenance established herein. A report listing items needing attention by the Concessionaire and required completion dates will be completed by the Ranger Supervisor with copies provided to the Manager of the Mokelumne Watershed & Recreation Division, the Concessionaire for action and to Concessionaire performance files.

These inspections do not relieve the Concessionaire of the responsibility for self- inspection to identify and correct deficiencies in accordance with the schedule and standards for maintenance. Between general inspections, independent inspections by the District may occur at any time. Maintenance reports generated as a result of these inspections will be given to the Concessionaire for corrective action in accordance with the schedule and standards for maintenance and attached to the succeeding general inspection report.

B: GROUNDS

The Concessionaire is responsible for all grounds maintenance and clean-up within the premises.

1. LITTER

* Refer to attachment C for clarification of MCIF support for the following standards.

Litter shall be removed as needed to maintain the clean appearance of the Recreation Area and all its facilities. Litter shall be removed at least once per day from within 50 feet of all open facilities including offices, gates, stores, snack bars, marinas, fish cleaning stations, restrooms and portable toilets. Litter shall be removed from all day-use areas, campgrounds, playgrounds, play fields, as needed but no less than twice per week. Litter shall be removed from the shoreline of all developed portions of the Recreation Area including along visitor access points and trails at least once per week. Litter includes but is not limited to cigarette butts, paper and paper products, plastic and plastic products, glass bottles or glass fragments, fishing line and other fishing apparatus, debris including cans, foil, metal articles or fragments thereof, Styrofoam and any inorganic product or excessive organic material not natural to the area. Concessionaire shall empty garbage containers and remove the refuse from the Recreation Area according to a schedule approved by the Ranger Supervisor. Particular attention must be taken to prevent trash cans and dumpsters from becoming over full and spilling on the ground.

2. SANITARY PATROL On weekends and holidays the shoreline must be inspected and cleaned at least twice per day. All developed shorelines should be inspected and cleaned at least weekly. This includes removal of litter, dead animals, grey water discharge, or any hazardous or unsanitary materials.

3. FIRE PREVENTION Prior to May 15th, a minimum 10 foot bare ground clearance shall be established and maintained around all fire rings and barbecues. All road edges shall be mowed or trimmed of grass and herbaceous materials to a width of 20 feet and a height not exceeding two inches. All park structures, mobile home sites, and RV Park perimeters will be cleared of vegetation in accordance with Public Resources Code Section 4291. Fire protection clearances will be inspected during the general maintenance inspection in May. The Pardee Fire Prevention Plan and Red Flag Fire Danger Procedure (both living documents to be updated periodically), attachments E and F, shall be incorporated into the contract.

4. LANDSCAPE MAINTENANCE Pruning

The Concessionaire is responsible for the annual routine pruning of trees in the developed portions of the recreation area including landscaped areas, along park

roadways, in campgrounds, day use areas and around park structures. All pruning shall conform to ANSI A300 (Part 1) - 2008 (R2014) Pruning. Trees must be pruned to keep signage visible, traffic ways and views clear, up to 14’ in height, fire protection maintained, hazards removed, and tree health and vigor maintained. The cutting, pulling, removing, trimming or otherwise disturbing of native oaks trees should be accomplished with the approval of the Ranger Supervisor. The Concessionaire is responsible for hazardous limb or tree removal, including stump removal. Use of outside contractors for major tree work must be coordinated with the Ranger Supervisor.

Irrigation

The Concessionaire shall provide sufficient water to newly planted trees and shrubs to maintain their healthy growth through five years of establishment and supplemental water in subsequent drought periods as recommended by the Ranger Supervisor. Care must be taken to not water existing mature oaks when irrigating lawn areas. Irrigation systems shall be maintained fully operational at all times and will be inspected prior to irrigation season and then routinely after that. Concessionaire shall comply with all water conservation directives issued by the District, and employ water conservation methods during irrigation. Protection

The Concessionaire is responsible for maintaining protective cages around new plantings until the Ranger Supervisor determines such protection is no longer necessary. Mulching

Mulch around new plantings should be maintained to a depth of 3 to 5" for at least five years after planting. Weeding

Landscaped areas must be kept weed free through manual removal, physical weed barriers and mulch. Individual trees and shrubs should be keep weed free at their base. Invasive Species Control

Concessionaire shall be responsible for taking appropriate action against the establishment of invasive vegetative species in the park and to implement an effective control program. An IPM plan proposal addressing this shall be submitted annually to the Ranger Supervisor for approval.

Mowing

Grassy areas developed for visitor use should be mowed regularly during the growing season in order to keep grass heights below three inches at all times.

General

Specific recommendations for landscaped areas must be followed unless express permission for variation is obtained from the Ranger Supervisor.

Planting and Replanting

Routine and normal replacement of all plants succumbing to disease, pests, drought, improper practices or other damage, in the developed portions of the Recreation Area shall be at the sole expense of the Concessionaire. Dead or missing plants must be replaced with the same species, subject to availability, fifteen gallon size healthy nursery stock, approved by the Ranger Supervisor. Replanting should normally occur from late October through January following the plants demise. Planting must follow the attached guidelines. (Attachment G).

New Plantings

Additional planting of trees, shrubs and turf shall be made only after approval of the Ranger Supervisor. Trails

Concessionaire shall be responsible for the maintenance of all trails within the recreation area, including all shoreline trails. Such maintenance will include clearing of downed and interfering vegetation and control of poison oak. When maintenance requires the excavation or moving of soils, Concessionaire shall consult with Ranger Supervisor prior to taking action.

5. CAMPGROUND AND DAY USE AREA MAINTENANCE General

Campground and day use areas should be cleaned weekly to remove personal property, loose cobbles, illegal rock fire rings, fallen limbs and to identify and remove hazards, fill in holes, and other actions are required. Tables

Tables must be maintained in a safe, sanitary and aesthetic condition. This includes immediate replacement of broken table boards, biennial restaining of table boards, and annual regrading of the table pad areas prior to the main season to fill in holes in the surrounding grade.

Drinking Fountains

All drinking fountains and hose bibs must be maintained in an operational condition, free of leaks, standing water or hazardous parts. Backflow prevention must be maintained on all fixtures. Repairs must be made within one week during the main season or within two weeks if the area is open during the off season. Campsite Numbering

Numbering must be maintained at all campsites and must be corrected every week to provide for regulatory compliance and emergency response. Fire Rings

Fire rings must be cleaned weekly to remove ashes and unburnt debris. Severely damaged fire rings must be replaced within the week or the campsite closed. Fire rings must be properly anchored to prevent theft, misuse and unsafe conditions. Unsecured fire rings must be reanchored or removed immediately.

Fences and Bollards

Concessionaire shall maintain all interior fences, bollards and other protective barriers within the park. Replacement or repair should be completed within two weeks or sooner if necessary to prevent damage to other park features. The District shall be responsible for maintenance of perimeter fences.

6. RESTROOM CLEANING & SERVICING

The Concessionaire shall ensure that all flush toilet restrooms are cleaned and serviced routinely and as-needed to maintain them in a safe, neat, clean, well- supplied and sanitary condition. Concessionaire shall be responsible for cleaning and maintaining all portable chemical toilets within the Recreation Area and shall be responsible for cleaning of all floating restrooms on the lake. District forces shall be responsible for pumping out floating restrooms weekly, or as necessary. Those floating restroom platforms and fishing piers attached to the shoreline in the marina area shall be adjusted to lake elevation changes as necessary, year round, by Concessionaire. Concessionaire shall perform these functions in accordance with the provisions outlined in Attachment H. Portable Toilets

Attention must be paid to chemical toilets to be certain that they are cleaned and serviced before they are overly full, particularly on holiday weekends. Chemical toilets should be placed and maintained in sufficient numbers and locations to meet visitor needs.

C. DRAINAGE, CULVERTS & DITCHES

The Concessionaire is responsible for maintaining adequate drainage of all concession areas of the park, to eliminate areas of standing water and erosion caused by improper drainage. This includes the annual clearing of all drainage ditches of silt, debris, vegetation and other impediments to proper flow. Culverts and drains must also be inspected, cleared and properly protected prior to the rainy season to prevent erosion and washout. This includes patrol during rainy periods to prevent failures.

D. SIGN MAINTENANCE

The Concessionaire is responsible for maintenance and replacement of all operational signs throughout the concession areas. All signs must be compatible with the Recreation area sign plan, the California Traffic Manual, and District color specifications. Variations must be approved by the Ranger Supervisor. Signs must be clean, readable, not obscured by vegetation, and maintained in a plumb and level orientation. Painted signs should be repainted every five years or sooner if identified in the general maintenance inspection.

E. ROAD AND PARKING LOT MAINTENANCE

Roads and parking areas shall be maintained by the Concessionaire.

1. PAVING

Annual Maintenance Cleaning and crack sealing. Keeping pavement free of debris and sealing cracks and joints annually will help prevent standing water that can cause damage. Cracks 1/8” and larger should be filled with an asphaltic crack sealer. Cracks should be cleaned of debris and vegetation prior to filling. Wide cracks (greater than 3” in width) – need patching. 5-Year Maintenance Annual maintenance plus seal coat. The purpose of a seal coat is to renew the asphalt surface that has worn off of the top layer of aggregate or been oxidized and to seal the pavement surface to help keep water from entering the tiny voids that allow asphalt to expand and contract seasonally. 10-Year Maintenance: Annual maintenance plus slurry seal. The purpose of slurry seal is much the same as seal coat except that it also replaces some of the thickness that may have worn away in heavy traffic areas and can fill minor ruts.

2. PATCHING

Routine patching of minor potholes should be accomplished monthly during the main season. Asphaltic cold patch should be used for paved areas, and class II road base for graveled areas.

3. STRIPING Striping should be accomplished every two years unless it is identified in the general maintenance inspection that it can go longer. Striping should meet the specifications of the California State Traffic Manual.

4. CLEANING Accumulations of loose gravel and other debris should be swept from paved surfaces where needed on a weekly basis.

5. WEED CONTROL

Weeds growing through cracks and encroaching on pavement edges must be removed monthly where present using mechanical means and as requested and approved in current year’s IPM plan.

PART II: BUILDINGS AND EQUIPMENT MAINTENANCE

A. STRUCTURES MAINTENANCE

Major renovation and repair shall be accomplished through the MCIF. Routine cleaning and minor repairs may not be deferred.

1. INTERIOR

Painting

Painting will be done on approximately a three year cycle or as identified in annual inspections. Routine touch up painting to cover graffiti or other damage should be completed monthly where necessary.

Heating and Air Conditioning

Heating and air conditioning systems servicing, repairs and operation are the responsibility of the Concessionaire.

Other

Repair and upkeep on windows, floor coverings, doors, light fixtures, floors, walls, trim and all other interior work will be identified in the annual inspections or routine maintenance reports.

2. EXTERIOR

Painting

Cyclic painting of the exterior of all buildings will be performed by the Concessionaire at least every five years or as identified in bi-annual inspections. The colors will be approved by the Ranger Supervisor.

Windows

Broken or cracked glass and window screens shall be replaced promptly by the Concessionaire. Roof Repair and Maintenance

Leaky roofs shall be repaired or replaced by the Concessionaire. Roofs and gutters will be swept clear of needles and leaves to prevent the buildup of rotten material prior and during the rainy season, and prior to fire season.

B. MARINA MAINTENANCE

1. ANCHORS & CABLING Concessionaire shall be responsible for maintaining and adjusting all cable and anchor systems as per their design and shall promptly remove or adequately mark all unused anchors and shall provide proper warning of all submerged cables to users of the area.

2. BUMPERS Concessionaire shall maintain sufficient bumper molding in berths and docks to prevent damage to vessels. Docks should be inspected regularly and unserviceable or missing bumper moldings replaced immediately if it is necessary to prevent damage to vessels.

3. DECKING Decking shall be inspected monthly and severely damaged boards, planks or sections replaced within a week of discovery or sooner if a recognizable hazard to users is evident.

4. FUEL DELIVERY SYSTEMS The Concessionaire is responsible for monitoring and reporting of fuel tanks and for maintenance and repair of fuel delivery systems. A Weekly Fuel System Inspection and Containment Berm Report shall be provided to the Ranger Supervisor. Systems and equipment shall comply with all rules and regulations. Maintaining annual

Permit to Operate and its conditions such as submitting and renewing annual Spill Prevention Control and Countermeasures Plan are the responsibility of the Concessionaire.

5. FISH CLEANING STATION This station shall be routinely monitored and cleaned daily. Fish waste shall not be allowed to accumulate and create odors.

C. EQUIPMENT INVENTORY

Concessionaire shall maintain District owned park equipment and fixtures in a clean, operable and safe condition. Concessionaire shall perform MCIF inventory audits as needed and at least annually and provide reports to Ranger Supervisor. Concessionaire shall be responsible for repairing and replacing such equipment. All new equipment purchased through the Fund must be reported in the following inventory. Concessionaire shall dispose of surplus equipment in a manner prescribed by the District. Boats and Motors

Concessionaire shall be responsible for the maintenance of District owned boats used for operations and public rentals. Concessionaire shall furnish, repair, maintain and have available for rental by the public at the Pardee Recreation Area at all times, a sufficient number of boats and engines for use at Pardee Reservoir to supply the reasonable demands of the public using the Pardee Recreation Area; the number and type of said boats and engines shall be reviewed by District from time to time with relation to satisfying reasonable public demand. These shall be maintained at all times in good repair and attractive condition and shall conform to the safety regulations of Federal, State, County and local governments. Each rental boat shall be equipped with at least one United States Coast Guard approved personal flotation device for each passenger, and the boat shall be plainly marked with the maximum weight that can be carried safely. The District shall review requests for engine replacement purchases, and require that new engines be efficient in reducing petroleum releases to the environment.

PART III: LAKE MARKERS

The District is responsible for the marking of submerged lake hazards, the placement and maintenance and adjustment of most regulatory buoys, the placement, adjustment and maintenance of boat restraining barriers, protective buoy lines, domestic water supply intake structures, and all other lake structures, excepting recreational docks and marinas specifically assigned to the Concessionaire. The Concessionaire shall provide, install and maintain "No Boat" zones through the use of regulatory buoys, and buoy lines at designated portions of shoreline as directed by the District.

ATTACHMENT C

PARDEE MCIF APPROVED EXPENDITURE CLARIFICATION

Updated 4/3/17

Tree Maintenance Major tree trimming, pruning or removal MCIF Annual routine pruning, storm damage, road clearance –labor Concess Tree/Shrub Replacement Materials - Including trees MCIF

Labor Concess

Irrigation Systems Installations MCIF Maintenance Concess Tables Materials purchase – boards, hardware and stain, new tables MCIF Labor to install hardware, boards, as needed Concess Biennial application of stains Concess Drinking Fountains

Installation District Maintenance Concess Restroom Maintenance Fixtures, valves, etc. Major, >$500 MCIF Minor repairs Concess Vandalism and theft Concess Chemical Toilets Replacement MCIF Maintenance Concess Campsite Numbering Markers MCIF Maintenance of markers, paint Concess Fire Rings Replacement rings MCIF Labor to replace Concess

Fences and Bollards Initial installation District Maintenance Concess Materials – bollards, posts, fencing MCIF Drainages, Culverts, and Ditches Minor maintenance - cleaning Concess Major - replacement MCIF Sign Maintenance Aluminum commercially-available signs replacement (as needed) MCIF A wooden campground sign with aluminum inserts, information boards Initial installation District Maintenance Concess Replacement MCIF Wood-backed informational signs replacement MCIF Road/Parking Lot Maintenance Patching material MCIF Labor to install Concess Major repairs, routine sealing MCIF Major replacement District Striping, including campsite pavement numbers, curbs, paints MCIF Cleaning - routine Concess Weed Control Concess Street sweeping, marina parking lots MCIF Structure Maintenance Building/Decks Major - >$500 MCIF Routine maintenance- parts (cumulative per unit) MCIF Routine maintenance- labor Concess Painting/Staining Includes facilities, decks and docks Major (entire interior or exterior) – materials and labor MCIF Minor- maintenance materials (paint, brushes, etc.) Concess Minor – maintenance labor Concess HVAC Major >$500, annual maintenance MCIF

Minor – routine cleaning, filters Concess Roof Maintenance Major (entire, > $500) MCIF Minor- maintenance materials (cumulative per unit) MCIF Minor- Labor Concess Dock and Floating Ramp Repair, renovation, and replacement MCIF Major repairs (> $500) MCIF Minor- maintenance materials (cumulative) MCIF Minor- Labor Concess Pest Control Buildings, structures, grounds MCIF Herbicides and other related products Concess Goats or other livestock for weed abatement Concess Squirrel Control Traps MCIF Labor (or contract) to trap MCIF Equipment Maintenance Office – computers, monitors, cash registers, card swipes, –

Replacement and repair Concess Peripheral equipment, i.e. UPS systems, external drives, printers Concess Portable Storage Devices (thumb drives, USB drives, etc.) Concess Copy machine and maintenance agreement Concess

Safety Equipment Fire extinguisher servicing, Concess Floatation devices MCIF Boats (rentals) Initial purchase MCIF Maintenance Routine- materials and labor Concess Repairs- materials and labor (cumulative) MCIF Boat motors Initial purchase and installation (includes props) MCIF

Maintenance Routine- materials Concess Routine-Labor Concess Repairs-material and labor (cumulative) MCIF Large Equipment – MCIF inventory items (e.g. work barge, tractors, forklift; inc. tires) Routine maintenance (cumulative) MCIF Repairs/replacement (cumulative) MCIF

Medium Equipment- MCIF Inventory Items (UTVs, riding mowers, mowing decks, pumper trailer)

Routine Maintenance (tires, fluids, brakes) Concess Repairs (cumulative) MCIF

Small Equipment (weed eaters, blowers, chainsaws, push mowers) Purchase, maintenance and repairs Concess

MCIF Inventoried Appliances Repairs/replacement MCIF Fuel Dispenser Pumps Repairs/replacement/annual inspections MCIF Information Technology:

Software specifically needed for Concess-EBMUD coordination such as Microsoft Office Concess

Wireless and WiFi Systems: Installation, maintenance, maintenance contracts and associated software Concess

Property Management Related Systems:

Reservation software Concess POS system hardware /software Concess

Routine Maintenance of Property Management Related Systems Concess Systems Maintenance Telephone System maintenance and repair, upgrades, payphone service Concess Radios (two-way on District frequencies)

and related equipment (purchase and repair) MCIF

Radios (two-way) and related equipment (installation) Concess Alarm system installation and maintenance MCIF Alarm system monitoring Concess Furniture Replacement MCIF Store and Restaurant

Maintenance > $500 MCIF Long term facility improvements/design, major renovations, appliances MCIF Short term improvements (Portable displays, special lighting, cosmetic floor and wall treatments) Concess

Swimming Pools Maintenance – routine Concess Maintenance – major (> $500) MCIF Chemicals Concess Reservoir Responsibilities Anchoring supplies (concessionaire’s area of responsibility (AOR) MCIF

Anchor fabrication (concessionaire’s area of responsibility (AOR) Concess Labor to install Concess Routine on-reservoir restroom maintenance/servicing Concess

Replacement MCIF Anchoring – marina area Concess Anchoring – main body of lake District Pumping District

To qualify for use of the Maintenance/Capital Improvement Fund, the single item purchase, renovation, replacement or maintenance cost shall be $500 or more.

Agreed upon “cumulative” per asset costs must be documented, and accrued over the course of a calendar year to meet the $500 minimum, and a project/maintenance log maintained for each demonstrating maintenance as specified in the respective service manuals for the type and model of equipment. The collection of boats and boat motors are each considered a single combined asset. Each separate, unattached floating structure is considered an individual asset (including attached ramp or floating walkway). Courtesy docks are to be considered a single combined asset and floating restrooms are to be considered a single combined asset.

Abused, misused, misplaced or stolen items and items damaged by the public are the responsibility of Concessionaire and/or their insurance.

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ADMINISTRATIVE PROCEDURE Maintenance / Capital Improvement Fund Administration This procedure is designed to aid EBMUD (District) staff in the administration of the Maintenance / Capital Improvement Funds (MCIF) for Camanche Recreations Area (CRC), Pardee Recreation Area (Pardee), and Camanche Hills Hunting Preserve (CHHP). This is a “living” document which is periodically revised to reflect current practices. All parties should ensure that the most recent version (see date in footer) is used as reference. New changes appear in bold/italics. Maintenance/Capital Improvement Funds ensure District assets within its parks are maintained and that improvements are accomplished in an efficient and cost-effective manner. Funds in MCIF accounts are the property of the District and fund activity is governed by the Director of Water and Natural Resources (the Program Manager) with proper oversight and administration of fund disbursements ensured by the Manager of the Watershed & Recreation Division (the Division Manager). MCIF Plan and project development, management oversight, and the appropriateness of disbursement requests are the responsibility of the Ranger Supervisor (the Supv). Work Authorization and Disbursement Voucher review, auditing, account maintenance, and records retention is the responsibility of the Senior Administrative Clerk (the SAC). The SAC has the role of financial auditor and follows established District accounting practices and records retention procedures whenever applicable. Compliance and adherence to the plan and process, and preparation of accurate, complete, and timely submissions are the responsibility of the Concessionaire. Electronic File Locations (master on the SAC’s P–Drive): V:\April\MCIF Admin\Camanche - 2012 MCIF Tracking Workbook.xls V:\April\MCIF Admin\CHHP MCIF 2012 Tracking Workbook.xls V:\April\MCIF Admin\Pardee MCIF 2012 Tracking Workbook.xls DEVELOPMENT OF ANNUAL PLAN Annual Plans are prepared and submitted by the Supv and concessionaire, recommended for approval by the Division Manager, and approved by the Program Manager. Submission of Work Authorizations (WA) is required for all Plan projects, including those approved in the Annual Plan. All planned projects and expenditures should be consistent with the current (concessionaire initials) MCIF Approved Expenditures. Concessionaire provides Item I: MCIF (Account Summary):

Projected income for the coming plan year Current account balances including a summary of outstanding or pending disbursements Projected remaining income for balance of the current year Adjustment for Item II Projects for the coming year Calculated projected total funding for the coming year

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Description of Carryover Projects, Phased Projects, and Savings for Major Projects (Carryover Projects were approved the previous year but not completed and so will be funded and completed in the next year; Phased Projects are planned to be completed over a period of years on a schedule to be included in the WA – only one WA is needed and it should carry funding allocations for each year of the entire project (amended WA is needed if the total amount or in-service date of the project is changed – otherwise, the same WA is used from year-to-year); and Savings for Major Projects are included in the plan with funding allocated (set aside) each year until there is sufficient reserve to complete the project. No WA should be submitted until the project is ready to begin. Ideally (i.e. when practical – with FULL notes whichever way forward is chosen), when the category II project is to be completed, a new category IV project will be added – referencing the II-## project AND allocated savings to fund the project. If the project is not identified in the current plan, the project should be approved as a Contingency project WITH all funds saved for the project added to the Contingency project header so that no loss will be incurred from Contingency without mgmt. approval. The Supv and Concessionaire compile Item II: Carryover Projects, Phased Projects, and Savings for Major Projects

Description of each project with funding plan

The Supv and Concessionaire review Item III: Annual Recurring Expenditures

Review need and appropriateness of each project Determine funding required using prior year expenditures for same/similar project Add/Remove items as necessary.

The Supv and Concessionaire prepare Item IV: Agreed-Upon Projects

Compile project list from previous year’s deferred projects and projects proposed for coming year

Evaluate cost/benefit ratio of projects from District and Concessionaire perspectives Prioritize list as to importance, giving highest priority to health and safety related items.

Item V: Contingency / Emergency or Agreed Upon Reserve

Projects are recommended and approved on a case-by-case basis. SUBMISSION AND APPROVAL OF WORK AUTHORIZATIONS. Approved WAs are REQUIRED prior to the start of any project. The Division Manager can approve any WA identified in the approved Annual Plan. The Division Manager can approve WAs not identified in the Annual Plan provided the associated project estimate is less than $5,000 – see Item V, page 6. The Division Manager has approval/denial authority for project overruns of $5,000 or less over the approved WA amount. Overruns in excess of $5,000 over the approved WA amount require the approval of the Program Manager. Any WA requiring the approval of the Program Manager must include a comprehensive description of the project (along with justification for amendments) and be submitted in typed–form. On Contingency requests, add to Comments section, “Contingency Request” and explain why the item wasn’t included in the annual plan (e.g. “CONTINGENCY REQUEST. Two outboard motors have recently failed and are not repairable. Emergency replacement needed to ensure adequate rental boats are available to customers.”)

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Faxing Work Authorizations is allowed provided all documentation is clear. PROJECT SUPERVISION

The Supv evaluates each project and determines if it will require his/her direct supervision/involvement, and if the project will be delegated to concessionaire for implementation and completion. Refer to the WA for specific Project Requirements. The concessionaire works closely with the Supv to obtain required approval, permits, and to ensure that the project meets District standards, environmental and regulatory considerations, and all applicable codes.

1. For contracted project work (labor and materials), a 10% pre-payment of total contract amount or $1000, whichever is less, is allowed if requested by contractor. Once materials for the project have been delivered to the work site, the contractor may request 100% payment on these materials.

2. For materials-only purchases, 100% pre-payment may be allowed, if requested by vendor.

3. Terms for all payments are net 30 days.

4. Purchasing/contracting arrangements made outside of this procedure must be approved by the Supv or the Division Manager.

SUBMISSION AND APPROVAL OF DISBURSEMENT VOUCHERS (DV) On recurring services, only CURRENT CHARGES will be reimbursed unless otherwise agreed between the District and concessionaire. ORIGINAL invoices with detailed documentation are required. 1. Disbursement Voucher (DV), a copy of the associated WA, original invoices, and all other

associated paperwork are submitted for approval – first to SAC. Whenever possible, fund disbursements will be made payable directly to the vendor. Reimbursements to the concessionaires for purchases, approved labor, and advance payments are allowed provided that original invoices are submitted with the DV. For split invoices, the concessionaire may retain the original document for their records PROVIDED THAT the portion of the invoice paid for through MCIF is less than 50% of the invoice total.

All documents are addressed to the SAC and placed in MCIF box in the Mokelumne Watershed Headquarters Admin office. All documents in process are returned to the SAC between approval steps. If the original invoice is not submitted with the DV, the concessionaire must then attach a copy of their payment check to document that the vendor has been paid AND must stipulate, on the DV, ‘Concessionaire paid vendor directly for this MCIF expense.’

2. When the concessionaire submits an original invoice or makes the above noted stipulation, it is implied (and is so documented here) that the concessionaire understands that any payment to a vendor for MCIF project work for which the concessionaire anticipates reimbursement is not shown, in their accounting system, as a business expense of their company – or, if it is shown as an expense, that the “income” received through reimbursement is properly reflected to offset the associated expense. Concessionaire assumes FULL liability for the accuracy of their business records.

3. When submitting DVs for reimbursement, concessionaire should note as such in the Description portion of the DV form. Descriptions such as, “Reimbursement for {work performed and location} which was previously paid by {concessionaire}” provides needed assurances as to what was

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purchased, for what purpose, while confirming that the vendor has already been paid and so reimbursement to the concessionaire is fair and warranted. Concessionaires should be aware that the Work Authorization and Disbursement Vouchers are internal/departmental forms designed to clearly describe project details so that recommending and approving agents of the District are assured that fund expenditures meet audit assurance and comply with the general purchasing practices of the District. When in doubt, more detail is preferred over insufficient detail.

4. The SAC enters DV and payment information into appropriate spreadsheet, verifying the project information and consistency of request with approved WA.

5. If a single check is paying multiple DVs, the SAC will add a comment to the check number field that details the project and amount of grouped disbursements and will note how many disbursements are in the subject check “group”. This is an end-of-year audit aid.

6. The SAC verifies that information on invoice is consistent with same approved under the WA and DV. The SAC contacts concessionaire directly for minor adjustments or requests for additional information/documentation. The purpose of the SAC’s review is to verify funding sources and allocations. If acceptable, the SAC will initial packet. The SAC will note inconsistencies, questions, or concerns on the DV Packet before routing to the Supv for recommendation. The Supv can, at their discretion, choose to “recommend” new DV submissions prior to submitting them to the SAC.

7. The concessionaire will ensure that a completed Vendor Fact Sheet is obtained from each new vendor or that one is on-file for all past/established MCIF vendors. Concessionaire is responsible for annual issuance of IRS Form 1099s and full compliance with IRS rules concerning 1099s.

8. Once the SAC has completed review, the SAC will place the DV Packet is in the Supv’s mail slot. Inventory Control Forms will remain with DV packet until returned to the SAC by the SUPV.

9. The Supv will perform operating level review. The Supv will address financial concerns identified by the SAC as needed. If adjustments are to be made by Concessionaire, the Supv will make contact with Concessionaire and will not “recommend” packet for approval until packet is complete, accurate, and acceptable. The SAC can also handle requesting adjustments from Concessionaire – supervisor’s discretion.

10. Upon acceptance of packet, the Supv will “Recommend” packet and return it to the SAC.

11. The SAC will forward packet to the Division Manager for approval signatures.

12. The Division Manager will approve or deny the packet and return all to the SAC.

13. The SAC will make a copy of the entire packet and return that copy to Concessionaire along with signed original check. For Camanche, only the DV and check copies need be returned to the concessionaire per their Controller in 2009. The SAC will attach a copy of the check to the file originals and notify concessionaire/supervisor that disbursement is ready for pickup. Unless otherwise requested, concession copies will be placed in an agreed location within the Mokelumne Watershed & Recreation Division administrative office.

14. Concessionaire is encouraged to await notification or call before visiting the office for pickup.

15. It is the responsibility of the concessionaire to deliver and pick up MCIF-related documents.

16. The SAC will maintain internal files of disbursement originals and other financial documents.

17. The SAC will work with the Supvs and other District staff to develop, design, update, and improve all MCIF administration forms.

18. It is the responsibility of the concessionaire to maintain MCIF account activity (check register) and

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to reconcile fund account statements on a monthly basis. The concessionaire will provide SAC with copies of all applicable monthly statements (MCIF bank statements, account activity, spreadsheets, etc.) The SAC will reconcile bank statements no less than quarterly and audit all accounts on an annual basis.

19. In the event that a MCIF check must be voided, the concessionaire should send written notice (email or fax) of the void, including the check number, to the SAC who will add that check number to the Void Check Log. Concessionaire can, at their option, forward the voided check to the SAC or retain it in their records. Only notification is mandatory.

20. Prior to last disbursement of each year, the SAC will review fund activity to ensure that no duplicate payments have been made, that Inventory Control Forms have been received as appropriate.

21. ALL checks issued from MCIF must be dated within the plan year. All DVs submitted after the first of the year will be dated December 31 of the plan year.

22. SAC will email a copy of the closed tracking workbooks to concessionaire within fourteen (14) days of the receipt of the final year’s disbursement.

23. The SAC and Supv will review MCIF inventory on an annual basis to ensure accuracy prior to preparation of annual county Business Property Tax Statements.

24. The SAC will produce reports needed for proper completion of Amador and Calaveras Counties Business Property Tax Statements. Returns will cover all MCIF disbursements, by county, by asset/tax category.

25. The SAC will receive Business Property Tax Statements directly from each county, prepare returns, submit returns and supporting reports to the counties by the April 1 deadline, and provide a copy of submissions to Real Estate Services and Accounting.

PROBLEM RESOLUTION Problem resolution will be handled by either the Supv or the SAC as agreed on a case–by–case basis. EXCLUSIONS AND ESTABLISHED PRACTICES The following items have been discussed and a determination made as a resource for current and future decisions. • Software, computer equipment, and other tools for tracking MCIF activity will be purchased by the

user (concessionaire buys theirs, District buys theirs) unless otherwise approved by the Division Manager. To qualify for exception, the user must demonstrate that the tool was either purchased at the specific request of the District or that the tool is specifically required in order for the user to meet District requirements regarding fund and/or project administration.

CONCESSIONAIRE GUIDELINES Provide Item I: MCIF (Account Summary):

Projected income for the coming plan year and basis for same Current account balances including a summary of outstanding or pending disbursements Projected remaining income for balance of the current year

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Adjustment for Item II Projects for the coming year Calculated projected total funding for the coming year.

Work with Supv to develop Items II-V as follows: Item II: Carryover Projects, Phased Projects, and Savings for Major Projects. Compile with Supv:

Describe each project and develop funding plan and timeline

Item III: Annual Recurring Expenditures

Review need and appropriateness of each project Determine funding required using prior year expenditures for same/similar project Add/Remove items as necessary

Item IV: Agreed-Upon Projects

Compile project list from previous year’s deferred projects and those proposed for coming year Evaluate cost/benefit ratio of projects from District and Concessionaire perspectives Prioritize list as to importance, giving highest priority to health and safety related items

Item V: Contingency – Emergency or Agreed Upon Reserve

Projects are recommended and approved on a case-by-case basis Submit Work Authorizations and Disbursement Vouchers: Work Authorizations for all projects approved in the plan must be submitted for approval by the Division Manager. Work Authorizations for Item V projects must be typed IF the project estimate is greater than $5,000. Amendments to approved WAs should be requested by submitting the Amended Work Authorization (AWA) with ALL areas completed and the description clearly explaining the need for the amendment (i.e., project cost exceeds original estimate; project scope has changed to include . . . , etc.) Amendments that increase the approved project amount by more than $5,000 must be approved by the Program Manager. The process for submission of AWA is identical to the process for submitting new WAs. Once received, the SAC will assign an alpha character suffix to the AWA to indicate that it is an approved amendment and return a copy of the AWA to the concessionaire. Fax and/or email approval is allowed and the District will provide same in most cases. Concessionaire is to meet and confer with the Supv prior to start of project if indicated on WA. CRC only: Provide weekly updates to Supv each Monday noting status of projects in progress, projects about to begin, and completed projects. Concessionaire should consult their current Concession Contract for clarification on eligible projects and seek assistance from the Supv as needed. Submit completed Disbursement Voucher (DV) . . . District’s preference is Direct Pay whenever practical. The description on the DV should provide information about the subject work performed under the project. Please DO NOT repeat the description of the project as written on the WA. For example: the WA description is “Drainage Improvement Space #61” and so the DV description should be something like:

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“Materials and outside/staff labor for culvert replacement.” Additionally, the invoice/service description area should only include a text description of the items billed on each invoice IF the concessionaire needs to share additional information with the Supv or Managers. Repeating information that is already on the invoices (other than possibly invoice numbers if there are numerous invoices) is not necessary. Labor submissions should clearly indicate dates, personnel, and specific labor performed. DVs lacking appropriate audit assurance will be rejected and returned to the concessionaire for correction. Resubmissions MUST include the “Rejected” DV. Current MCIF forms must be used (see bottom margin of form for version/date) and all project details should have the prior approval of the Supv. Concessionaire should remove carbons, duplicates, STAPLES, and internal paperwork (i.e. internal purchase orders, packing slips, purchase orders) from submissions. Packing slips and weight or other tags should not be included with DV unless invoice does not provide adequate detail. Statements, except when used by the vendor in place of invoices, are not acceptable. DO NOT submit materials invoices for outside-contracted (priced by the job) projects. EBMUD does not require materials receipts from outside contractors. Estimates submitted as invoices must either be direct-pay or be accompanied by a copy of concessionaire’s payment check. An original, complete invoice is REQUIRED within 30 days of pre-payments. Competitive Bid and Price Comparison Requirements: All contracts for services greater than $2,500 or single item purchases greater than $1,000 require at least three quotes from qualified/competitive vendors. Please see below for more information on these and other requirements. The term “qualified/competitive vendors” means that quotes must be obtained from vendors who provide an equal scope and level of service. Basically, the expectation is that concessionaires will compare apples to apples when obtaining quotes. Whenever possible, projects should proceed as follows: identify the project, create a Work Authorization and develop a written scope of the project (services/materials needed), submit WA and scope to Supv and, upon approval, contact vendors to obtain quotes, confer with Supv. regarding assignment of contract and proceed as agreed. At the direction of the Division Manager, additional requirements are added to ensure that concession staff meet or exceed the requirements of the District and ensure, at all times, that responsible financial and contracting decisions are made. It is the intention of the District to ensure that the best value is achieved and the fairest contracting practices are used at all times – in every MCIF purchase – REGARDLESS OF COST. In all cases, single item (material) purchases over $1,000 AND contracts for services (other than solely materials purchases) over $2,500 require a minimum of three informal (“phone”) quotes. Concessionaires will complete and submit a MCIF Quote Worksheet form and can obtain prices from telephone contacts, Internet searches (attach printed pages as reference), or other means. Quotes received may be used to satisfy this requirement for up to 12 months provided that the materials or services quoted are identical to new project specs (i.e. apples to apples). Purchases in excess of $70,000 require a formal, competitive RFQ process consistent with the District's internal purchasing practices. In all cases where bids are

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obtained, the MCIF Quote Worksheet should be included with DV submission. In cases where consistency of services or materials are vital, Ranger Supervisor may approve a variance from the procedural dollar amounts above up to current EBMUD purchasing limits. Agreed upon, sole-source vendor purchases and recurring purchases/services (such as an annual/semi-annual agreement with a successful bid vendor, etc.) are exceptions to the written and informal quote requirements. Sole-source vendor selection requires the approval of the Division Manager. District staff may, at any time, require cost comparisons for purchases under the minimum amounts stated. Again, it is the intention of the District to ensure that the best value is achieved and the fairest contracting practices are used at all times – in every MCIF purchase – regardless of cost. Inventory Control: Inventory Control Forms must be submitted with DVs for purchase of all equipment, machinery, tools, or parts that are serialized and are valued over $300. Additionally, an Inventory Control Form must be completed to remove an item from inventory whenever such item is no longer in use. Items removed from inventory shall be photographed, tagged for disposal as directed by the Supv, and placed in the designated storage area. The Supv and concessionaire will agree on disposal method. If the item is taken out of the inventory and placed in storage awaiting disposal, an Inventory Control Form marked “Remove from Inventory” must be completed and submitted to the SAC. Once an item has been disposed of, a closing Inventory Control Form, also marked “Remove from Inventory,” must be completed and submitted to the SAC. These steps are required to ensure that the District is not charged property tax for items that are no longer on District property. Full compliance here is crucial! Upon entry of inventory additions, SAC will return a photocopy of the Inventory Control Form to the Supv, who will then prepare a MCIF Asset label containing the inventory System Number. The Supv will return the inventory form and label to the concessionaire who will ensure that the asset label is affixed to the asset within 30 days. Labels will be removed from asset items at the time of disposal. Concessionaire will assist the Supv with verifying the MCIF Inventory at a minimum of once annually. Audit Requirements: Each DV that the concessionaire submits should be audit-ready. This means that each DV should include itemized ORIGINAL invoices, time cards, or other document to support the expense. DVs should include a copy of the approved Work Authorization for the project and inventory forms (if needed). If quotes are obtained for the project, these quotes should be included in the DV submission along with the MCIF Quote Worksheet that summarizes vendor selections. All math should be verified prior to submission to reduce District audit and processing time. Approved expenses must total at least $300 OR must be for the entire, completed project or they will be returned to the concessionaire for resubmission at a later date. Exceptions will be allowed for expenses on projects that cannot be completed in a short time span. This condition does not apply to Work Authorizations that cover multiple small projects such as facilities or machinery repairs; however, concessionaire is requested to submit all invoices associated with a single repair at the same time to allow for effective project tracking. Payment of Sales Tax: Concessionaire is responsible for ensuring that all applicable sales taxes are paid, including tax on Internet purchases and from out-of-state vendors. Deliveries to Calaveras County (CRC only) should reflect tax paid at the current Calaveras County sales tax rate. Deliveries to Amador County should reflect tax paid at the current Amador County sales tax rate. If vendor fails to charge tax on

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purchases subject to sales tax, the concessionaire is responsible for direct-payment of tax to the State of California Board of Equalization and must stipulate to the District that the tax was paid in the same quarter in which the purchase was made. Stipulation can be made by notation on the Disbursement Voucher or by separate statement and MUST contain the vendor name, invoice date, number, and amount (if not all of the invoice is taxable, the statement should provide audit assurance identifying taxable charges), and the amount of sales tax owed). Following are options for handling sales tax not charged on a taxable invoice: 1) Concessionaire has the vendor re-invoice and charge appropriate sales tax; 2) Concessionaire pays the invoice directly and seeks reimbursement through MCIF noting on the DV

that the reimbursement is for the invoice plus sales tax (clearly stipulating that the concessionaire will pay sales tax directly to the state within the purchase quarter). Should the purchase be made in the last quarter of the year – and so the sales tax wouldn’t be due until after the start of the year – the stipulation should state on what date the sales tax will be paid;

3) Concessionaires prepares two DVs - one for the direct payment of the invoice to the vendor and the other for reimbursement to concessionaire for sales tax paid directly to the state (the DV must clearly stipulate that sales tax will be paid directly to the state within the purchase quarter or the same can be provided in a separate letter attached to the DV. Should the purchase be made in the last quarter of the year – and so the sales tax wouldn’t be due until after the start of the year – the stipulation should state on what date the sales tax will be paid to the state.

REFERENCE ONLY: Sales & Use Tax: Most of the items that we purchase are taxable, except water treatment chemicals and fish food. Labor is never taxable if separately stated on the invoice. However, labor is taxable for videographers and photographers. If labor and materials are lumped together, then the entire amount is taxable. Shipping is not taxable if separately stated, except when the material was shipped to the vendor who supplied the material to us (in-bound freight).

Computer software purchases/upgrades are not taxable unless something tangible was provided to the District, i.e. manuals, disks, reports. Maintenance contracts for computers are taxable at 50%. If the maintenance contract specifies no tangible property (downloaded upgrades, patches, fixes, bundles, etc.), the maintenance is not taxable. However, the User is responsible for maintaining a log of such downloads. http://www.boe.ca.gov/cgi-bin/rates.cgi.

Resubmitting Rejected Disbursement Vouchers: When resubmitting DVs that have been previously rejected, concessionaire should provide all required detail and include the original “Rejected” DV with their resubmission. The new DV should be marked with “Resubmission” or some other alert so that the original entry can be used. Year-End Audit Procedure & Reporting: Prior to the 15th of January, all prior year disbursements must be received by the SAC. Final disbursement of the year will be held pending adjustments resultant of the year-end audit. Submitting DVs After the Start of the Next Plan Year: For work that was contracted for in the plan year, but invoices were not received until after the start of the next plan year, a line item will be incorporated into the current plan to identify these amounts to allow for payment of one year’s expenses in the following year. This exception is NOT intended to allow concessionaire additional time for submitting routine (or previously billed) DVs. ALL DVs must be received in accordance with agreed deadlines.

http://www.boe.ca.gov/cgi-bin/rates.cgi

Attachment E

PARDEE LAKE RECREATION, INC. FIRE PREVENTION PLAN

The Pardee Lake Recreation, Inc. concessionaire shall be responsible for maintaining a firesafe facility in accordance with State Public Resources Code 4291. The following procedures shall be followed by all Pardee Lake Recreation staff, including contract labor, during the local fire season as declared by the California Department of Forestry (CAL FIRE) or with the seasonal transition of the District’s Mokelumne fire danger rating above “LOW”. This procedure pertains to the use of any equipment, power tools (mowing, weedeating, discing, welding, cutting torch) or any other operations/activities that could cause sparks or generate ignition temperatures in dry fuels.

RISK ASSESMENT

Risk Level One (LOW) – This usually occurs during normal rainfall and low/moderate temperature months, February through April, creating low fire danger risk that requires only “prudent judgment” for fire prevention levels. This is normally indicated by EBMUD fire danger rating signs being posted at “LOW”. This level also applies to operations in irrigated turf and adjoining areas.

Examples: a) Turf areas near main parking lot c) Concessionaires living quarters turf area b) Coffee Shop turf area d) Other turf areas as determined or established

Risk Level Two (MODERATE or HIGH) – This occurs when moderate burning conditions are present either during the local fire season or when the District’s Mokelumne fire danger rating is above “LOW”. All fire prevention measures listed herein are required in order for Pardee Lake Recreation staff or contracted outside labor to undertake mowing, weedeating, discing, welding, cutting torch use or any other activity and operations that have the potential to cause sparks and generate ignition temperatures in dry fuels.

Risk Level Three (EXTREME) – This occurs in the local fire season during Red Flag events and all other high-risk conditions, including occasions when the EBMUD fire danger rating signs are posted at “EXTREME”. No mowing, weedeating, discing, welding, cutting torch use or any other activity and operations that have the potential to cause sparks and generate ignition temperatures in dry fuels shall take place under these circumstances.

COMMUNICATIONS

During Risk Level One or Two, while engaged in activities and operations as described above that can cause sparks and generate ignition temperatures in dry fuels, all Pardee Lake Recreation staff will have in their possession an operable low band radio at each work site capable of contacting the entrance gate, EBMUD admin offices and EBMUD Resource Patrol Unit staff. The concessionaire will obtain access to current fire weather information from the EBMUD weather station at Camanche. This information is found on-line at: http://raws.wrh.noaa.gov/cgi-bin/roman/meso_base.cgi?stn=CMAC1. This will be done prior to and during operations on an hourly basis to determine if the operation is still “in prescription”.

EXTINGUISHMENT METHODS

At each work site, during Risk Level One or Two, while engaged in mowing, weedeating, discing, welding, cutting torch use or any other activity and operations that have the potential to cause sparks and generate ignition temperatures in dry fuels, concession staff will have in their possession at all times the following: (1) shovel, (2) one 2 ½ lb. ABC fire extinguisher, and (3) a five gallon backpack pump (minimum requirements).

OBSERVATION

Any mowing, weedeating, discing, welding, cutting torch use or any other activity and operations that have the potential to cause sparks and generate ignition temperatures in dry fuels, will not take place in non-irrigated areas (dry fuels) unless there is an observer present. The observer will remain at the work site for a period of 15 minutes after the completion of the assigned work in order to determine potential ignition sites as well as incipient fire starts. All work must be completed at one site before commencing work in another area. The following parameters will be used to determine if these operations are “within prescription”:

Maximum Temperature: 90 F Minimum Relative Humidity: 25% Maximum Wind Speed: 10 MPH

If ANY of the parameters exceed prescription, all operations will cease.

In addition, the following precautions will be taken to minimize the risk of a fire start:

- Mowers will be kept free of flammable materials. - Exhaust systems and spark arresters will be kept free of carbon buildup. - All portable gasoline powered equipment shall have spark arresters. - Avoid striking rocks with equipment that have metal blades.

http://raws.wrh.noaa.gov/cgi-bin/roman/meso_base.cgi?stn=CMAC1

PARDEE RECREATION AREA CONCESSION CONTRACT

RED FLAG FIRE DANGER PROCEDURE *

* Excerpt from the EBMUD 2012 Mokelumne Area Fire Plan

The following procedure outlines the notifications and operational steps that will take place in the event a Fire Weather Watch or Red Flag Warning is issued for District property in the Mokelumne Area. The purpose of this procedure is to ensure that the District takes all prudent measures necessary to reduce potential fire hazards on District property and to maintain firefighting capability, equipment and patrols as directed in Policy 9.01, FIRE CONTROL AND FUELS MANAGEMENT ON WATERSHED LANDS.

Definitions Red Flag Event – A District term used to describe a fire weather advisory that is either a Fire Weather Watch or Red Flag Warning.

Fire Weather Watch – A National Weather Service (NWS) term used as an advisory issued 12-48 hours in advance of expected onset of critical weather conditions. It will remain in effect until NWS determines that a Red Flag Event will not develop or that the watch should be upgraded to a warning.

Red Flag Warning – A NWS term used as an advisory issued when onset of critical weather conditions is expected within 24 hours. It will remain in effect until NWS determines that critical weather conditions cease or fail to develop.

Notifications During the fire season, the NWS in Sacramento will send the current Fire Weather Report to the Telephone/Radio Operators (TRO’s) and the Supervising TRO in Oakland after 0930 and 1530 hours daily. In the event a Fire Weather Watch or Red Flag Warning is declared for District properties in the Bay Area or the Mokelumne Area, the TRO’s will send out a group Email to the Red Flag Alert Group, which includes the Pardee ACC; Pardee and Aqueduct Section Superintendents, Assistant Superintendents, supervisors, and clerical staff; Mokelumne Fisheries and Wildlife Section Supervisor, and clerical staff; and the Mokelumne Watershed and Recreation Division Manager, Ranger Supervisor, Senior Ranger, and clerical staff. Additionally, the FDO shall confirm the critical weather information is current and in effect for the Mokelumne Area by checking the National Weather Service website at: http://www.wrh.noaa.gov/sto/fire.php. Note: The above-mentioned email message will be sent in response to a Red Flag Event in any of Fire Weather Forecast Zones 219, 220, and 267.

Operations During a Red Flag Event, the following actions and operational changes shall occur.

Attachment F

http://www.wrh.noaa.gov/sto/fire.php

Pardee Section Pardee Section’s ACC will notify district employees via radio in a general announcement when we commence and conclude a Red Flag Event. The announcement will be:

“Notice to all District employees, the Mokelumne Area has entered into a Red Flag Event. Extreme fire weather conditions exist and all personnel are to follow Red Flag Event procedures. This warning will remain in effect until further notice.”

At the conclusion of the Event, the announcement will be: “Notice to all District employees, the Red Flag Event for the Mokelumne Area has been lifted. All personnel may return to normal operations.”

Pardee Section’s Water Quality Unit will ensure the water treatment plant operations are modified to maximize water tank storage. In addition, they will modify the tank level alarms for all Mokelumne area water tanks according to the following table:

Minimum Maximum

Pardee Center Tanks Raw Tank 7’0” 10’ Finished Tank 7’2” 9’2”

Pardee Recreation Area Tank 17’5” 22’

Camanche South Shore Filter Plant Tank 15’ 23’3”

Camanche North Shore Filter Plant Tank 18’5” 23’

Pardee Section supervisors will ensure water truck is available for immediate use.

Mokelumne Watershed & Recreation Division

Manager of the Mokelumne Watershed and Recreation Division (Division Manager) will be notified at the beginning and conclusion of a Red Flag Event. At any time, Division Manager may prohibit all outdoor campfires, BBQ’s, and/or camp stoves within the recreation area. This decision can be based on local weather conditions or at the request of Cal Fire personnel. If this occurs, the FDO will ensure notice is given to park users of this ban. Division Manager may also close the trail systems to further use. If time permits, the FDO can ensure a complete check of the trail is accomplished and advise current users to leave. When the staging area is empty, the gates will be closed and locked and informational signs posted advising visitors of the closure. The FDO will ensure that an email is sent to all recipients listed on the Trail Closure Notification Distribution List. A minimum of two Rangers will be on patrol for the duration of a Red Flag Event during normal working hours. All District firefighters will be on a heightened state of readiness and engaged only in projects/activities that facilitate a quick response to wildland fires within our area of concern.

The FDO will notify the Concessionaires at Camanche and Pardee Recreation Areas to curtail watering and to advise Mobile Home Park (MHP) residents to reduce water use. MHP residents should follow the Red Flag Event Guidelines. Resource Patrol Unit (RPU) staff will ensure signs are posted in the recreation areas and entrance stations advising park visitors and residents of the severe fire weather conditions. See “Appendix O” for posting procedure.

Concessionaire The following actions will be taken by all Mokelumne Recreation Area Concessionaires upon notification by the FDO that the Mokelumne Area has entered into a Red Flag Event:

No Concessionaire outdoor watering will be allowed for the duration of a Red Flag Event. At the first Red Flag Event of the season, circulate the MHP Residents Red Flag Event Guidelines flyer to all MHP residents requesting reductions in both outdoor and indoor water use for the duration of a Red Flag Event. Advise all park visitors of the Red Flag Event and request minimization of water use during their stay at the park. Make a reasonable effort to notify residents and park users at the conclusion of a Red Flag Event.

All Personnel

During a Red Flag Event, outdoor burning, cutting, welding or other spark generating practices are to be avoided or completely fire protected. This includes gas powered weed eating, chain sawing, or using any engine powered hand tools where there is wild land or grass fire potential. No first time over mowing or disking will be worked during a Red Flag Event. Notify the FDO if mission critical maintenance or emergency repairs that pose a fire hazard are to take place. Pardee Section supervisors and the FDO can coordinate a standby fire engine for the completion of such tasks.

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ATTACHMENT H

SPECIFICATIONS FOR

PERMANENT RESTROOM AND CHEMICAL TOILET CLEANING/SERVICING AND MAINTENANCE

I. Permanent Restrooms

A. Cleaning

1. Clean and disinfect all permanent restroom and shower structures including doors,

interior walls, partitions, exterior walls, roofs and roof projections, windows, sills, ledges, screens, ceilings, floors and service rooms. Eliminate all dust, dirt, mildew, iron stains, grime, urine, feces, graffiti, marks, webs, insects and their nests or other foreign matter. Clean all exposed surfaces of toilet bowls, seats and urinals, showers, sinks, mirrors, faucets and fixtures, plumbing and light fixtures. Wipe down interior walls and partitions. Clean and sweep all floors. Disinfect as needed. Floors of all restrooms will be mopped to prevent residue from cleaning operations to remain. Cleaning materials used should not unduly accelerate deterioration of structure or fixture materials or finishes. Replace seat gaskets, garbage liners, toilet tissue, sanitary napkin holders, soap, lights and other necessary supplies as needed to provide adequate facilities at all times. Sweep sidewalks adjacent to permanent restrooms, as needed.

2. Pickup and remove all litter, garbage, trash, refuse, cans, pull-top tabs, bottles,

fishing line, and other paraphernalia, broken glass, styrofoam, cigarette butts, matches, paper, plastic products, foil, and any type of material which is not natural to the area at permanent restroom locations. Replace trash can liners, as needed.

B. Frequency

All permanent restroom and shower facilities open to the general public shall be inspected by Concessionaire twice daily, during the operating season, once in the day and once in the evening to ensure that they are clean, well-stocked and serviceable. Restrooms open to the public shall be cleaned as needed, but no less than once per day during operating season. Concessionaire shall maintain a log to record date and times of cleaning.

C. Maintenance

Restroom/shower facilities shall be maintained in a clean and serviceable state. Concessionaire shall be responsible for making minor repairs to restroom structures including partitions, mirrors, roofs, vents, doors, drains, floors, ceilings, walls, light fixtures, faucets, painting, woodwork, plumbing, windows and screen, and electrical components which are for any reason unsanitary, hazardous or inoperable as soon as such conditions are discovered. Closures will be reported as soon as possible to the

Ranger Supervisor and necessary repairs shall be made by Concessionaire within a reasonable time period specified by the Ranger Supervisor.

D. Restrooms closed for any reason shall be inspected on a weekly basis.

II. Chemical Toilets (Land based and on reservoir)

A. Cleaning

1. All chemical toilets shall be cleaned and disinfected on all visible exterior and interior surfaces including doors, ceilings, walls, floors, seats and lids, urinals, vent pipes, toilet paper dispenser, seat gasket dispensers and screens. All graffiti, marks, insects, webs, nests, feces, dirt and grime, or other foreign matter shall be removed from exposed surfaces. Toilet paper, toilet seat covers, deodorant blocks, and other products shall be kept adequately stocked. Deodorizing products shall be used in all toilets in a manner prescribed by its manufacturer to reduce odors. Concessionaire shall maintain a log of dates and time of cleaning.

2. Pickup and remove all litter, garbage, trash, refuse, cans, pull-top tabs, bottles, fishing line, and other paraphernalia, broken glass, styrofoam, cigarette butts, matches, paper, plastic products, foil, and any type of material which is not natural to the area at permanent restroom locations. Replace trash can liners, as needed.

B. Frequency

Chemical toilets in the park and those on the reservoir in the marina area shall be inspected by Concessionaire twice daily during the operating season, once in the daytime and once in the evening. Those on the main body of the reservoir shall be cleaned weekly. Toilets shall be kept in a sanitary, serviceable and hazard free condition. Concessionaire shall maintain a log of date and times of cleaning.

C. Servicing Holding tanks of chemical toilets on the reservoir shall only be pumped by District forces. All others shall be pumped by Concessionaire to prevent overfilling, excessive odor or other objectionable conditions. Tanks will be pumped at least once per week during operating season, or more frequently as required. Pumping of tanks will be done in such a manner as to prevent spillage. Pumping schedules shall be submitted to the Ranger Supervisor for approval.

D. Maintenance

Tanks shall be inspected for leakage. Leaking tanks shall have effluent evacuated as soon as possible upon discovery to prevent contamination of the surrounding area. Any such conditions shall be repaired immediately or the toilet shall be removed from service or replaced. Concessionaire shall be responsible for performing all repairs on chemical restrooms.

Repairs will include, but not be limited to: woodwork, floors, thresholds, doors, latches, locks, springs, urinals, tubing, seat and lid, vent pipe, toilet paper dispenser, protective toilet seat cover dispenser, screens, and tubing.

E. Inspection and staffing District staff will routinely and periodically inspect permanent restrooms, and land based chemical toilets for compliance to established standards. All work performed must meet Ranger Supervisor's approval. Concessionaire shall maintain adequate staff to correct deficiencies within thirty (30) minutes of receiving a report thereof.

ATTACHMENT I


AND

PARDEE CONCESSIONAIRE

SECURITY STANDARDS AND SCHEUDLES AGREEMENT

Entrance gate shall open daily from 0500 to 2300 hours. Gates will be closed and secured outside these hours. Staffing:

Opening weekend through weekend prior to Memorial Day and after Labor

Day weekend

Sun-Thu: Gate staffed 0500-2000 and a final patrol check of campground between 2200-2300 hrs. Fri & Sat: Gate staffed 0500-2100 with a final patrol check of campground between 2200-2300 hrs. Every morning between 0800-0900 patrol check park for unpaid vehicles. Holiday Weekends: Gate staffed 0500-2300. Memorial Day Weekend through Labor Day Weekend

Sun-Thu: Gate staffed 0500-2000 with a final patrol check of campground between 2200-2300 hrs. Fri & Sat: 0500-2300. RPU & Sheriff will make quiet time patrols. Every morning between 0800-0900, check park for unpaid vehicles. Holiday Weekends: Gate staffed 0500-2300. Other gates:

All other gates within the park shall remain closed and locked. However, they may be left open on a temporary basis while work is being performed and gates are monitored. Exception: the maintenance yard gate may be left open during business hours.

EXHIBIT D – CURRENT and PROPOSED FUTURE

RECREATION AREA RATES & CHARGES

NOTE: Future/proposed rates are submitted to the East Bay Municipal Utility District Board of Directors

on a biennial basis for all recreation area. The proposed rates contained here, for 2018 and 2019, will be

reviewed by the Board and final approval is expected in June 2017.

SCHEDULE OF RATES AND CHARGES TO CUSTOMERS OF THE EAST BAY MUNICIPAL UTILITY DISTRICT

EFFECTIVE 01/01/17

AUTHORITY-RESOLUTION NUMBER 34039-15


2017 2018 2019

VEHICLE ENTRY AND PARKING - CAR/MOTORCYCLE/SMALL VAN

Daily/Nightly (Non-Camping) $10.00 10.00 10.50 Season 112.00 115.00 118.00 Combined Car/Boat Daily 17.00 15.00 16.00 VEHICLE ENTRY AND PARKING

LARGE VANS AND BUSES

Large Vans - 10-20 Passengers 22.00 22.00 22.00 Buses – 21+ Passengers 38.00 22.00 38.00 DOG 5.00 5.00 5.50 STANDARD BOAT LAUNCH Daily (Weekend included) 9.00 9.00 9.50 Season 100.00 103.00 106.00 CARTOP BOAT LAUNCH (Float Tube,

Kayak, Canoe, Scull)

Daily 5.00 5.00 5.50 Season 44.00 44.00 46.00 BOAT SLIP (excl. park entry) Daily 9.50 9.50 10.00 Weekly 45.00 45.00 50.00 Monthly 135.00 135.00 140.00 Season 680.00 680.00 690.00 Season (concurrent with season RV) 630.00 630.00 640.00 FISHING ACCESS Daily 6.00 6.00 6.50 Annual 195.00 195.00 200.00 MISCELLANEOUS RV/Campsite Reservation Fee 10.00 10.00 10.50


EFFECTIVE 01/01/17


PARDEE RECREATION AREA (continued)

2017 2018 2019

STANDARD CAMPSITE (w/vehicle parking) Nightly $28.00 $28.00 $29.00 Second Car Parking 10.00 10.00 10.00 Weekly 168.00 168.00 174.00 Second Car Parking 60.00 60.00 60.00 PREMIUM CAMPSITE (w/vehicle parking) Nightly 31.00 31.00 32.00 Weekly 186.00 186.00 192.00 CAMPSITE (walk-in/bicycle parking) (8 person/8 bike maximum) Nightly 22.00 22.00 23.00 Weekly 132.00 132.00 138.00 DOUBLE CAMPSITE (16 people/ 2 vehicles) Nightly 52.00 52.00 55.00 Third or Fourth Vehicle 10.00 10.00 10.00 RV SITE Nightly 38.00 38.00 40.00 Weekly 228.00 228.00 240.00 Monthly 500.00 500.00 520.00 Season 3,050.00 3,050.00 3,150.00 Season – Premium Site 3,150.00 3,150.00 3,250.00 RV/TRAILER/BOAT STORAGE (Excl. park

entry)

Weekly 20.00 20.00 25.00 Monthly 60.00 60.00 65.00 Season 490.00 500.00 510.00 Season – concurrent with season RV Site 440.00 440.00 445.00 12 Month Consecutive 660.00 660.00 670.00 TOWING 80.00 RESERVABLE SITE/FACILITY (charges in

addition to above fees) Small (25 or less persons)

60.00 65.00 70.00 Medium (26-100 persons) 90.00 95.00 100.00 Large (101-150 persons) 120.00 130.00 150.00 Over 150 persons 235.00 250.00 265.00 Café/Pool Day Use Area (refundable deposit) 50.00 55.00 60.00


EFFECTIVE 01/01/17


PARDEE RESERVOIR - DISCOUNTS, SPECIAL PROGRAMS, LIMITATIONS. Concessionaire Employees may receive free entrance to and use of rental boats during off-season hours, a 20% discount on food and merchandise, and a camping discount equal to the car entrance fee. Limited to one free vehicle entry and one free boat rental per employee per day. Concessionaire and/or District may provide free entry to and use of rental boats for disadvantaged groups (e.g. disabled, senior, youth, veteran), and for media to promote the recreation area. Current Camanche Regional Park Advisory Board members and active field public safety personnel in Amador, Calaveras and San Joaquin County receive free day use entry. Senior/Disabled – 50% Discount on annual entry and boat launch fees, and on non-holiday weekday boat rentals. Senior rates are for individuals with a driver’s license or ID showing age 62 or older. Distinguished Veteran Pass holders – Free day use and boat launch and 50% discount on non-holiday weekday boat rentals. Concessionaire or District can issue return coupons for free entry or camping for dissatisfied customers. Groups participating in volunteer District facility improvement programs receive 50% discount on entry and camping fees. Campsite charges include one vehicle entry, and RV site charges include a second/tow vehicle. Monthly and Seasonal RV Park fees include one vehicle entry, but do not include electricity charge. Electricity is metered and charged separately. Each of the daily charges, except the fishing access permit, shall be valid and effective for the calendar day upon which the charge was made, from one hour before sunrise until one hour after sunset. Fishing access permits are valid until midnight of said day. Each of the weekly charges shall be valid and effective for the calendar week in which the charge is made, terminating at 1:00 p.m. on the seventh consecutive day of said period. Each of the nightly charges shall be valid and effective for a period not exceeding 24 consecutive hours and terminating at 1:00 p.m. during said period. Premium Campsite or Premium RV site is a site that, due to enhanced amenities, waterfront access or other special features, is rented at a higher rate than a standard site. Standard campsites may have a maximum of 8 people and 2 vehicles. Short-term visitor passes may be issued for periods of up to one hour.

EXHIBIT E – SUMMARY OVERVIEW OF CURRENT RECREATION AREA ASSETS*



Equipment - ManLift, battery powered - Kawasaki Mule, 4X4 - Sewage pumping trailer - Zero-turn mowers (2) - Bush Hog rotary mower attachment 42” - Utility trailers, (2) various - High Pressure washer, Honda - Paint sprayer, Spraytech - Multiquip 15 kw trailered generator - Shop air compressor Electronics - Low Band mobile radios (equipment mounted) Motorola (3) - Low Band base station radio (office) Motorola - Dish Network Wally receivers (56) Vessels, etc. - Fishing boats, 13’ Tracker (10) - Fishing boats, 14’ Deluxe (2) - Pontoon boats, various makes, (5) - Work pontoon boat (1) - Boat trailers (5)

Restaurant - Fully equipped commercial kitchen - Tables, benches and counters for customer seating

*This list is a summary only of assets that remain with the park and does not constitute a complete inventory.

east bay municipal utility district · motorboats, deluxe boats, pontoon boats and deluxe pontoon...

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