LEASE CONCESSION FOR GILBERT KAHELE RECREATION AREA FOR THE DEPARTMENT OF PARKS AND RECREATION, COUNTY OF HAWAI'I

NOTICE TO OFFERORS
(Chapter 102, HRS)

Invitation for Bids (IFB)

notice is hereby given that pursuant to chapter 102, hawai‘i revised statutes, as amended, the county of hawai‘i is requesting bids/proposals for the following:

INVITATION FOR BID NO. 26-0184

PROPOSAL AND SPECIFICATIONS FOR A LEASE CONCESSION FOR GILBERT KAHELE RECREATION AREA FOR THE DEPARTMENT OF PARKS AND RECREATION, COUNTY OF HAWAI'I

Background

The County of Hawaiʻi is seeking a qualified Contractor to provide food and beverage services, sundries sales, camping gear rental services, and to provide key management services for the cabin and bunkhouse rentals at the Gilbert Kahele Recreation Area. The term of the contract shall be for a period of two (2) years with the option for renewal for up to three (3) additional one (1) year periods a the option of the County.

The undersigned hereby proposes to provide concession services at Gilbert Kahele Recreation Area, all in strict compliance with the Specifications and Special Provisions included herewith and General Terms and Conditions for Goods and Services dated May 10, 2023 made a part hereof.

The undersigned further agrees that he/she has carefully read and understands the Proposal for this contract and that the Director of Finance, County of Hawaiʻi, reserves the right to accept or reject any and/or all bids or accept other than the high bid, if in his/her judgment, by so doing, it will be for the best interest of the public and the County of Hawaiʻi.

Project Details

Reference ID: IFB 26-0184
Department: Parks and Recreation
Department Head: Clayton Honma (Director)

Important Dates

Questions Due: 2026-04-08T09:59:00.000Z
Pre-Proposal Meeting: 2026-03-31T22:00:00.000Z — TWO Pre-Bid Site Visits: March 31, 2026 at 12:00pm HST, and April 7, 2026 at 12:00pm HST

Addenda

Addendum #1 (released 2026-03-21T04:18:07.565Z) —
ADDENDUM 1: Edit to Project Details Section 1.3 MINIMUM QUALIFICATIONS.
Please use the See What Changed link to view all the changes made by this addendum.
Addendum #2 (released 2026-04-21T02:14:00.720Z) —
ADDENDUM 2: The following questions and answers are hereby incorporated into and made a part of this Invitation for Bid (IFB)

Evaluation Criteria

Important Instructions for Electronic Submittal —
The County of Hawaii is accepting electronic bid submissions. Bidders shall create a FREE account with OpenGov Procurement by signing up at https://procurement.opengov.com/signup. Once you have completed account registration, browse back to this page, click on "Submit Response", and follow the instructions to submit the electronic bid.
INTRODUCTION —
The County of Hawaiʻi is seeking a qualified Contractor to provide food and beverage services, sundries sales, camping gear rental services, and to provide key management services for the cabin and bunkhouse rentals at the Gilbert Kahele Recreation Area (formerly Mauna Kea Recreation Area, formerly Mauna Kea State Park, hereinafter “GKRA” and/or “Park”). GKRA is situated in Kaʻohe Mauka, Hāmākua District of Hawaiʻi County, on an approximately 31.88 acre portion of TMK (3)4-4-016:003, which was placed under County of Hawaiʻi operational control effective July 1, 2014.

The park contains the following facilities and areas open to, or available for use by, the public: seven (7) cabins, two (2) of which are ADA-compliant; two (2) four-unit bunkhouses; a dining/recreation hall; maintenance yard; two (2) comfort stations; children's playground; an exercise path with fitness equipment; picnic areas; nature trail; paved parking areas; and other improvements.

Additionally, GKRA contains a maintenance yard and buildings for the Department of Parks and Recreation’s maintenance operations; water tanks and equipment buildings in support of the Park’s infrastructure; and the former park headquarters building.

A fenced area reserved for use by the State Department of Land and Natural Resources’ Division of Conservation and Resource Enforcement (DOCARE) is physically situated within the GKRA’s boundaries but is not subject to the County’s rules that are applicable to GKRA.
MINIMUM QUALIFICATIONS —
Each bidder must have a minimum of 3 years of continuous experience owning or managing a single, similarly sized or larger restaurant operation (with or without the sundries sale, camping equipment rental, and/or key management responsibilities) all of which must have occurred in the past 5 years. Bidder must provide proof of the financial success of the operation it cites in its experience qualifications. A vending machine operation shall not qualify as qualifying experience for this requirement. Each bidder must clearly demonstrate in its proposal that it meets the minimum qualifications, or its proposal will be rejected as non-responsive and/or non-responsible.
SITE INVESTIGATION —
All bidders are advised and encouraged to visit GKRA to generally familiarize itself with the Park’s setting, layout, environment, and public use characteristics to understand the configuration of the park and its operation; identify opportunities, constraints, and unique features; experience how the public utilizes the Park; and inform itself of all conditions that exist that may impact operations of a concession under this Contract.

All bidders shall make appropriates allowances in its bid to account for all difficulties, contingencies and special/unique circumstances he/she may encounter.

All bidders are hereby informed that the County cannot guarantee occupancy rates for the bunkhouses and cabins, the types of users/uses of the park, environmental conditions that may affect the park, etc. and represents that there may be periods of time where the facility may experience low occupancy or closures.
PERFORMANCE SECURITY —
Upon the acceptance and award of this proposal by the Director of Finance, the undersigned hereby agrees to enter into and execute the agreement and furnish a performance bond as required (Sec. 102-11, Hawaiʻi Revised Statutes) in the amount equivalent to two months’ rental.
BIDDER'S BOND —
The bidder must submit with its proposal, a bidder's bond in the amount of $2,500.00 plus two (2%) percent of its bid amount exceeding $50,000.00 as stated below. Acceptable types of bid bonds:
- Cash
- Cashier's Check
- Certified Check
- Certificate of Deposit
- Surety Bond
In accordance with Sec. 102-6, HRS. All bids shall be accompanied by a deposit of legal tender, or a certificate of deposit, cashier's check or certified check of a bank insured by the Federal Deposit Insurance Corporation, or in the form of a surety bond conforming to the requirements of sub-section (b) of 102-6, HRS. Bid bonds shall be submitted in person to the County of Hawaiʻi, Purchasing Division, 25 Aupuni Street, Suite 1101, Hilo, HI 96720. (PERSONAL OR BUSINESS CHECKS WITHOUT CERTIFICATION ARE NOT ACCEPTABLE AS BID BONDS)

Based upon the upset price, a bid bond amount shall thus be not less than the following:

          Minimum bid: ($3,500 per month x 48 months).......... $168,000.00

                                       Less:...........................................................$50,000.00

                                                                                =$118,000.00

                                                                                        x 2.00%     =   $3,360.00

                                                                                                        +   $2,500.00

                                       Minimum Bid Bond...................................... $5,860.00

Upon award of this concession, subsequent failure of a bidder to enter into a contract for any reason, including failure to obtain required insurance or furnish any other submittals required by the bid, will result in the forfeiture of this bid bond.
SUBMITTAL —
Bidder is to complete and submit the following:
1. 1. Notarized Notice of Intention to Bid
  2. Bid bond submitted in person
  3. Input bid pricing (proposed rental payment) on the Open Gov website
  4. Experience/Reference sheet
  5. Signature page
  6. Upload bid documents in its entirety in Open Gov, including proposal, specifications, special provisions sections, AND equipment sheet, experience/reference sheet, and signature page
  7. Upload County of Hawaiʻi and State of Hawaiʻi permits in Open Gov
  8. Upload any other pertinent documents
BID —
All bids shall be in an amount equal to or higher than the upset price. The upset price shall be no less than three thousand five hundred dollars ($3,500) per month. The "upset price" shall mean the minimum amount acceptable to the County for the contracting of the required services.

In addition, in any annual period in which ten percent (10%) of the total gross sales of the concession exceed the amount of the total annual lease payments, an additional ten percent (10%) of gross sales over and above the lease payment shall be assessed and paid to the County no later than thirty days following the receipt of audited financial statements.

For example, if the awarded concession bid is $3,500.00 per month, and the concession's total annual gross sales amount to $500,000.00, an additional $8,000.00 would be due the County:

10% of gross sales ($500,000.00)         $50,000.00
Annual lease rent                           -    $42,000.00
Amount due                                 =     $8,000.00

Gross sales shall be defined as all gross income of whatever kind derived from the concession, unadjusted for the costs related to generating those sales, and taken prior to any applied discounts or comps, and excluding excise tax.
TERM OF CONTRACT —
The term of the Contract shall be for a period of two (2) years,
commencing at noon on the 1st day of July, 2026, or one month from the date specified in the Notice to Proceed, whichever is later, and
terminating at noon on the 31st day of May, 2028 or 30th day of June, 2028 (if the term of the Contract commences one month from the date specified in the Notice to Proceed)
The Contract may be renewed for up to three (3) additional one (1) year periods at the option of the County of Hawaiʻi (hereinafter, “County”) via execution of a contract amendment.

The successful bidder understands and agrees that time is of the essence in executing and fulfilling this Contract and, therefore, shall expedite its execution of the Contract and provide all necessary supporting documentation, in full. The Contractor shall make all necessary allowances for the set-up and installation of its operation, as well as removal of its property and all necessary cleaning and shut down activities within the term of the Contract. Additional time shall not be provided prior to or after the contact term for setup at, preparation of, shutdown of, cleaning of, or exiting of, the Premises.
DESCRIPTION OF PREMISES —
The concession premises is located at Gilbert Kahele Recreation Area (hereinafter “GKRA” or the “Park”) 44-5400 Daniel K. Inouye Highway and is comprised of the former park headquarters building, in its entirety, and the surrounding area as illustrated below in Exhibit "A" and constitutes approximately 8,350 square feet of land and is hereinafter referred to as the “Premises.” The former park headquarters building, including its covered front lanai and entry area, hereinafter referred to as the “Facility,” comprises approximately 2,350 square feet and includes a main room (lobby), kitchen, office, storage room, 2 unisex restrooms, and a utility room as illustrated in Exhibit “1”.

EXHIBIT A
1. Kitchen Equipment:
  1. The Facility is furnished with the following County-owned kitchen equipment for use of the Contractor at the Premises only, and for sale of products only at the Park:
    1. Range and single oven, electric – Verona, Model No. VEFSEE365SS
    2. Range hood – Greenheck, custom, with filters
    3. Range hood exhaust fan, roof-mounted – Greenheck, Model CUBE-101HP-5
    4. Refrigerator/Freezer, side-by-side – Viking, Model VCSB5423
    5. Refrigerator/Freezer, glass door – Beverage-Air, Model MMF44-1-B-LED
    6. Water Heater, electric – Bradford White, Model RE340T61NCWW
    7. 3-Compartment sink w/ drain board, integrated shelving, adjustable bullet legs, stainless steel – Custom fabricated
    8. Stainless steel shelving, wall-mounted
    9. Hand sink S/S;
    10. Floor-mounted mop sink; and
    11. Grease Separator, in-ground, 320 gallon – Jensen Precast, Model HJ320G
    12. Range Hood Fire Suppression System
  2. Detailed information for the above equipment is provided in Exhibit “2”. The County provides no guarantees or assurances, implied or otherwise, as to the condition of the equipment or its expected remaining useful life. All equipment items were purchased and installed new for the County at the Premises in 2016 and have never been used.
2. Water:
  1. The Premises is furnished with both potable and non-potable water via two separate water sources located in the Park. All sinks and lavatories are connected to the potable water system, while all toilets, urinals, and exterior hose bibs are connected to the non-potable water system. See Exhibit "3" for the Facility’s water piping diagram.
  2. The potable and non-potable water sources at GKRA are maintained and managed by DPR. Potable water is trucked to the site via contracted water haulers, transferred to a designated potable water storage tank, automatically monitored and treated to maintain acceptable chlorine levels, then pumped and pressurized for distribution throughout the Park. The non-potable water is collected from various surface spring sources on the nearby mountainside, collected and stored in dedicated non-potable tanks, then gravity fed and pressured for distribution throughout the Park. There is no interconnectivity between the potable system and the non-potable system.
  3. The Contractor is hereby informed that purposeful conservation efforts and efficient use of water is imperative; excessive or irresponsible use of water resources may be cause for temporary suspension or cancellation of the Contract. Contractor shall coordinate with the Director in advance of any anticipated high usage activities and ensure there is sufficient water available for the anticipated use(s) and refilling is scheduled immediately following such use(s).
  4. The Contractor shall inform its staff/employees of the separate water systems, water conservation/efficiency requirements, and always ensure responsible water management.
  5. Submetering and payment: The Facility is equipped with water submeters on both its potable and non-potable water supplies that record the water consumed thereat, which is supplied to the Premises via the County’s water systems. The Contractor shall pay the County for all water it consumes at the Premises.
    1. The County shall take readings at the Facility’s water submeters on or about the last day of every calendar month.
    2. The County will calculate the Contractor’s usage, determine the current water rate charged to the County for potable water hauling, and send an invoice to the Contractor thereafter.
    3. The Contractor shall pay the County for its water usage within thirty (30) consecutive calendar days.
    4. Water charges, for both potable and non-potable water, will be dependent upon the current potable water hauling prices that are charged to the County and may not remain fixed for the duration of this Contract. The County’s current rate (at the time of issuance of this solicitation) is $600.00 per 5,000 gallons.
    5. The Contractor may request, in writing, a copy of the County’s water hauling invoices for the Park at any time.
3. Power/Electric:
  1. The Park is provided power via Hawaiian Electric’s grid and there are no emergency or standby power sources in the case of power disruptions stemming from Hawaiian Electric’s service. Any Hawaiian Electric related disruptions to electrical services at the Park that adversely affects the water systems are outside the County’s control and shall not be grounds for compensation to the Contractor by the County. See Exhibit “4” for the Facility’s electrical diagram.
  2. Submetering and payment: The Facility is equipped with an electrical submeter that records the power consumed thereat, which is supplied to the Facility via the County’s service with Hawaiian Electric. The Contractor shall pay the County for all power it consumes at the Premises.
    1. The County shall take a reading at the Facility’s electrical submeter on or about the last day of every calendar month.
    2. The County will calculate the Contractor’s usage, determine the current power rate charged to the County, and send an invoice to the Contractor thereafter.
    3. The Contractor shall pay the County for its power usage within thirty (30) consecutive calendar days.
    4. Power charges will be dependent upon the current Hawaiian Electric prices that are charged to the County and may not remain fixed for the duration of this Contract. The County’s current rate (at the time of issuance of this solicitation) is $0.4243 Per KwH.
    5. The Contractor may request, in writing, a copy of the County’s power bill for the park at any time.
4. Parking and Loading:
  1. Parking shall be available on a first-come, first-served basis and shall not be reserved for Contractor’s staff, employees, or patrons.
  2. Concession staff and employees shall not park in marked parking stalls or paved areas. Instead, they shall park in areas denoted yellow in the map below. This parking area denoted in yellow in the map below is not for the exclusive use of the Contractor and should an alternate or additional area be required, such shall be designated by the Director of the Department of Parks and Recreation (hereinafter “Director”).
  3. If any concession staff member or employee requires an accommodation for accessible parking under the ADA, Contractor shall submit a written request to the Director for approval, and an accommodation will be considered that is commensurate with the established need.
  4. Loading and unloading equipment, goods, and materials necessary for the concession’s operations shall not block required accessible routes, parking stalls, driveways, roadways, utility handholes, panels, shutoffs, etc., or other accessible elements. There is no dedicated loading zone established at GKRA.
5. Restrooms:
  1. The Premises has two (2) separate unisex restrooms, one of which is ADA-compliant. Contractor shall always allow public use of the restrooms while its operations are open to the public. The Contractor shall not restrict access or availability there to, nor shall it store anything in either room that is not essential to the public’s safe use of the restroom functions of those spaces.
  2. The restrooms shall be cleaned regularly and always be well-maintained. Contractor shall provide its own toilet paper, hand soap, hand towels, etc. and ensure restrooms are properly stocked.
6. Refuse:
  1. The County collects all refuse deposited by the public in County-furnished trash receptacles at GKRA and transports that waste to an approved location for disposal in the municipal solid waste system.
  2. Contractor shall provide adequate trash receptacles in the Facility and at the Premises, as approved/required by the Director, for its patrons to dispose of refuse generated by their patronage. Contractor-furnished trash receptacles shall always be publicly available during Contractor’s hours of operations.
  3. Contractor shall be responsible for the collection, transport, and disposal of its own refuse, whether generated directly by its operations or otherwise deposited in its trash receptacles. Contractor shall not dispose of its trash in the County’s receptacles, nor shall it encourage or direct its patrons to do the same. Contractor shall ensure that all its trash is properly disposed of on a regular basis.
  4. Contractor provided trash receptacles, bins, or other containers shall be such that they will not blow away in high winds (common at the Park) or become vulnerable or accessible to wildlife or vermin (i.e., pigs, goats, sheep, rats/mice, cats, etc.). Trash shall not be collected or stored in a manner or for a duration that creates a nuisance at GKRA. The County will work with the Contractor to identify an appropriate location(s) for the placement of its trash containers.
  5. Trash service: Should the Contractor contract a private trash hauler or similar third party for trash collection, transport, and/or disposal service, Contractor shall notify the County of such decision and require its contractor to furnish a Certificate of Insurance that indemnifies the County and State of Hawaiʻi.
7. Wastewater:
  1. Wastewater generated at the Facility is conveyed to an Individual Wastewater System (“IWS”), located just behind the Facility, consisting of a 1,200 gallon concrete septic tank, a 320 gallon concrete grease interceptor, a 443 square foot absorption bed, and various cleanouts, pipes, and other features (see Exhibit “5”). The Contractor shall be solely responsible to manage, maintain, and service IWS, as necessary, to maintain optimal function and lifespan through its Contract.
  2. Wastewater generated by the kitchen sinks and drains in the Facility is conveyed to the grease interceptor, then conveyed to the septic tank. The Contractor is responsible for ensuring all grease containing waste generated by its operations is properly disposed of and that its grease interceptor is always functioning properly and appropriately maintained.
  3. The presence of grease in the septic tank of the IWS shall be the Contractor’s sole responsibility to remedy to the Director’s satisfaction. All costs associated with remedial actions thereof, including, but not limited to special pumping, hauling, disposal, use of temporary restrooms, etc. shall be the Contractor’s sole financial responsibility.
  4. The County will regularly inspect the components of the IWS at the Premises and will inform the Contractor of any observations that indicate something may be amiss or if servicing appears due. However, the Contractor shall not rely on the County’s inspections; it shall perform its own maintenance functions including, but not limited to, actively and regularly monitoring its grease interceptor, diverter box, septic tank, and leach field’s inspection ports, scheduling pumping and cleaning, and ensuring all covers are properly seated, sealed, and visible.
  5. Payment: The Contractor shall utilize the County’s price term agreement for septic and/or grease pumping, hauling, and disposal and shall coordinate such work with the County’s representative. Whenever its septic tank and/or grease interceptor is pumped/serviced, the Contractor shall fully adhere to the County’s terms of services. Contractor shall pay the County’s septic pumping and hauling contractor directly and submit copies of all invoices, reports, etc. to the Director immediately upon receipt.
8. United States Geologic Survey (“USGS”) Equipment:
  1. The Facility houses sensitive equipment owned, operated and maintained by the USGS (pictured at right) under agreement with the County of Hawaiʻi. The equipment occupies approximately 3 square feet of floor space, with some wall mounted items, in the southern corner of the Lobby and shall remain in place, always protected from access or disturbance by the public. Power and internet connectivity shall be always maintained.
  2. The Contractor shall accommodate all access necessary to operate and maintain this equipment by the USGS or its contractors or agents.
SCOPE OF CONCESSION —
The Contractor shall occupy and maintain a physical presence in the Facility and shall perform all its primary concession functions at the Facility. The Contractor shall have the exclusive right and responsibility to provide the following services to the public at GKRA, as set forth hereinafter:
1. Hours of Operations:
  1. Contractor shall open the Facility for business daily, beginning no later than 6:00 a.m. and closing no earlier than 8:00 p.m. and it shall have at least one employee available to always conduct public transactions therein. Contractor shall post its hours of operations in a conspicuous location on the exterior of the facility. When open, Contractor shall conspicuously post an illuminated “open” sign at the Facility’s exterior, likewise, an illuminated “closed” sign shall be posted otherwise.
2. Food & Beverage Services:
  1. Provide a minimum of one (1) freshly prepared hot meal for purchase by the public from 11:00 a.m. though 1:00 p.m. and from 5:00 p.m. through 7:00 p.m. daily. The one required meal shall vary daily, and the same entrée shall not be offered more frequently than at three (3) calendar day intervals unless it is offered in addition to the one required unique entrée.
  2. Provide, at minimum, freshly brewed hot coffee (caffeinated and decaffeinated), hot tea, and hot cocoa/chocolate for purchase by the public from 6:00 a.m. through 8:00 p.m. daily.
  3. Provide a varied selection of, at minimum, a dozen different types of canned/bottled beverages for purchase by the public from 6:00 a.m. through 8:00 p.m. daily. Beverage types shall be varied and may include bottled water, milk, juice drinks, carbonated beverages, energy drinks, etc.
  4. The Contractor may provide additional food, snack and beverage options that it deems appropriate based on its operational capabilities and consumer demand.
  5. The Contractor may provide standalone vending machine(s) for sale of beverages and for sale of snacks in addition to, not in place of, the prior requirements. The quantity and placement of vending machines shall be approved by the Director in advance, and they shall be inspected and stocked daily and always maintained in pristine condition. Improperly/inadequately maintained, managed or stocked shall be removed immediately upon written order of the Director. Ordered removal of any vending machine(s) for cause shall not entitle the Contractor to any additional compensation by the County.
  6. The Contractor may use the exterior areas of the premises to provide food, snack and beverage items with the Director’s written approval. However, at no time shall the Contractor situate or operate a food truck at the Park without the Director’s express written permission.
  7. The Contractor is hereby informed that the Hawaiʻi County Code and the Department of Parks and Recreation’s (hereinafter “DPR”) Administrative Rules do not prohibit persons from bringing personal food and beverages for their preparation and consumption within the GKRA at any time. In fact, bunkhouse and cabin permittees are provided kitchen facilities (separate from the Contractor’s) at which they are allowed to store, prepare, and serve meals for their (and their guests’) consumption.
3. Sundries & Camping Gear Sale and Rental Services:
  1. The Contractor shall provide the following items for purchase by the public during its hours of operations:
    1. Toothbrush, toothpaste, dental floss, mouthwash; and
    2. Bath soap, liquid hand soap, shampoo and conditioner; and
    3. Dishwashing liquid, dishwashing sponge, dishwashing scouring pad; and
    4. Flashlight w/corresponding battery types; and
    5. Pre-packaged, single-use pain reliever products including but not limited to Acetaminophen, Ibuprofen and similar; and
    6. Pre-packaged, self-adhesive bandage strips; antiseptic first-aid wipes; first-aid antibiotic cream/ointment; first-aid burn gel packets; anti-itch cream/ointment; and
    7. Bath towels and wash cloths.
    8. The Contractor is encouraged to provide additional and varied items for sale to the public as determined appropriate for a public park setting. The Contractor shall not offer for sale, purchase, use or consumption any alcohol, tobacco products, e-cigarettes or vaping accessories, pornographic content, weapons, or any other items whose use are expressly prohibited at GKRA.
  2. The Contractor shall maintain the following minimum inventory of camping equipment for rental to persons with a valid camping permit at GKRA during its hours of operations:
    1. Camping Cots: 12 units; 80” L x 36” W sleeping area; 600-lb. weight capacity; aluminum frame w/polyester sleeping surface; protective feet to prevent damage to floors; foldable w/carry bag; and
    2. Sleeping Bags: 12 units; 84” L x 34” W, Rectangular (mummy or tapered styles NOT allowed); 40-degree Fahrenheit rated; fully-zippered; washable; w/carry bag.
    3. The Contractor is responsible for proper washing/cleaning of rental gear following each rental use and it shall maintain all equipment in good condition. The Contractor is encouraged to provide additional and varied items for rental to the public in addition to the minimum required.
    4. Rental equipment shall be maintained in like-new, fully functional condition and items shall be replaced by the Contractor with new items as its existing inventory is worn, broken, stolen, or otherwise unavailable for use at the Park.
4. Key Management Services:
  1. The Contractor shall be responsible for all aspects of the management of keys for the individual bunkhouse units, cabin units, dining hall and other facilities or rooms/spaces that bunkhouse and cabin permittees may require routine or special access to as determined by the Director;
  2. The Contractor shall be responsible for the daily issuance of keys to bunkhouse permittees, cabin permittees and other authorized facility users as approved by the Director. Key issuance shall be at the Contractor’s primary retail transaction counter and shall be in accordance with the times set forth in the Department of Parks and Recreation RULE 16: RULES RELATING TO GILBERT KAHELE RECREATION AREA, attached as Exhibit “6” (hereinafter “Rules”). The County reserves the right to modify or amend the Rule at any time through normal Rule amendment procedures.
  3. The Contractor is required to provide alternative means of key issuance for permittees that arrive at GKRA after mandated check-in times. Contractor is informed that after-hours check-in by the public is a regular occurrence at GKRA.
  4. The Contractor shall be responsible for the daily retrieval of keys turned in by bunkhouse permittees, cabin permittees, and other authorized users at designated drop boxes/locations within 1-hour, but no sooner than 1/4-hour, after checkout times mandated by the Rules. Contractor shall immediately notify the Director’s designee, via approved method of communication, of any late, damaged, or missing keys.
  5. The Contractor shall provide a secure, lockable key cabinet for safe storage of all keys under its control and management or utilize the key cabinet provided; and
  6. Disclaimer: The County shall not knowingly permit any other individual or entity to provide food and beverage services, sundries sales, and camping equipment rental for compensation at GKRA. However, when a special event or non-typical use of the premises is authorized by the Director, the event shall be allowed to provide its attendees, guests, staff, volunteers, and others associated with its function the meals, snacks and/or beverages, for free or at a cost, as approved by the Director.
OPERATIONAL CONTROL —
1. Hours of Access:
  1. The Contractor may access and utilize the Premises at any time of the day necessary to support the needs of its concession operation provided its use beyond the minimum hours of operation stated in Item 3.A. does not create a nuisance of any type to campers or other park users. No person shall be allowed to reside in or occupy the Premises overnight; overnight use is reserved only for active concession operations, when approved by the Director.
  2. The Contractor shall refer to Rule 16 of the DPR’s Administrative Rules and Regulations for GKRA’s standard hours of operation (See Exhibit “6”). In accordance with those rules, any activity it intends to engage in that requires prior approval of the Director shall be requested in writing and approval provided in writing.
2. Park Closures:
  1. The Contractor is advised that certain emergent circumstances (predominantly outside the DPR’s control) may require partial or complete, short-term or long-term closure(s) of the Park. When closure of the Park is necessary, the County shall inform the Contractor of such decision and duration. The Contractor shall immediately cease its operations, secure the Premises, and shall vacate the Premises in an orderly manner. Such closures have occurred in the past due to wildfires, localized high wind events, approaching hurricane/tropical storms, volcanic eruptions, etc.
  2. The Park’s only regularly scheduled annual closures occur four (4) times per year (once per quarter) and are limited to 6 a.m. through 12 p.m. for vector control activities. These closures are typically scheduled a year in advance, though they may be altered due to weather conditions, staffing, and other unforeseeable issues. During these scheduled closures unauthorized persons are not allowed in the Park, hence the concession shall not open for business during the stated closure periods and the Contractor shall not be present at the Park.
3. Penalties:
  1. The Contractor acknowledges and agrees that the services it is required to provide under this Contract are important to the County and serve a public need, and therefore, failure to comply with the terms of this Contract reflect poorly on the County and may require dispatch of County personnel on overtime to address unmet needs. As such, the following shall apply:
    1. On each calendar day that the Park is open to the public and the concession is not open for business, the Contractor shall be assessed a fee of $500.00/day.
    2. On any calendar day when the concession is not open to the public for its minimum required hours of operation, the Contractor shall be assessed a fee of $50.00/hour, rounded up to the nearest full hour. Any instance of opening late, closing early, or midday closures, shall be assessed separate fees.
    3. In the case of personal emergencies involving the Contractor’s staff and employees that require closure without prior approval, the Contractor shall notify the Director at its earliest opportunity to notice the Director of the unauthorized closures and present the circumstances that necessitated such. The Director, at his/her sole discretion, shall determine whether the nature of the emergency and resulting unscheduled closure warrant waiver of fee(s).
4. Equipment & Improvements:
  1. The Contractor shall furnish, at its own expense, all equipment (unless otherwise stated in this solicitation), furniture, dishes, glassware, utensils, supplies, and other items necessary for the proper operation of the concession within thirty (30) days after the commencement date of the Contract. This date may be extended upon prior written approval of the Director. All placement and installation of tables and seating and other furnishings shall be made only upon approval of the Director and shall consist of at least one ADA-compliant table.
    1. All kitchen equipment shall meet the requirements of the Department of Health, State of Hawaiʻi. The Contractor agrees to utilize, maintain and repair (at the Contractor’s cost) all County-furnished equipment for the duration of this contract. Should any County-furnished equipment break or fail function properly, the Contractor shall repair or dispose-and-replace the item(s), at the Contractor’s cost, to the Director’s satisfaction.
    2. The Contractor shall be responsible for providing appropriately sized and classified fire extinguishers at the Facility, and their annual servicing and inspection. Contractor shall replace or recertify fire extinguishers prior to their expiration.
    3. Temporary equipment meeting the approval of the Director may be used during the first thirty (30) day period.
    4. The Contractor shall abide by Hawaiʻi County Code Chapter 20, Article 5, Polystyrene Foam Food Container and Food Service Ware Reduction and associated Administrative Rules – No Polystyrene Foam Food Containers Allowed.
    5. The Contractor shall abide by Hawaiʻi County Code Chapter 20, Article 6, Plastic Bag Reduction.
    6. All new/used equipment intended for use at the Premises will require the prior written approval of the Director and shall meet the requirements of the Department of Health.
    7. All equipment and improvements shall be kept in good order, condition, repair and appearance and shall be immediately removed from the Premises upon written notification from the Director when such equipment does not meet such requirement. Failure to comply may be considered a breach of the Contract.
    8. At the termination of the Contract, the County of Hawaiʻi shall be given the option to purchase any equipment and furnishing at fair market value.
5. Sales Accountability.
  1. All individual sales shall be on a cash basis or in other forms as approved by the Director of Finance. Each sale shall be immediately registered in the cash register in the presence of the customer, and a receipt shall be given to the customer at the time of the transaction. No money will be set aside for a later ring-up. Non-registering of sales at the time of the transaction or failure to furnish a receipt to the customer at the time of the transaction shall be deemed to constitute a breach of Contract, and the County shall have the right to terminate the Contract. Any type of in-house charge or credit system is not allowed.
  2. The Contractor shall be responsible to place at the front of its cash register, in plain view of the customer, a sign that reads as follows: “This concession is a public facility; therefore, the salesperson is required to provide you a receipt.”
6. Cash Register/POS System Requirements:
  1. All sales from the concession operation shall be registered in a point of sales system (POS) approved by the Director of Finance and shall have the following minimum features:
    1. Non-resettable cumulative total, sealed to prevent tampering;
    2. Detailed (“audit”) tape;
    3. Cumulating capacity adequate for the particular business;
    4. 4-digit overrun counter mechanism, a consecutive transaction numbers print-out, sealed to prevent tampering, and a cumulating capacity of 10,000 on the detail (“audit”) tape;
    5. Visual indication on both front and back of register;
    6. Non-resettable group with 7-wheel accumulative capacity; and
    7. Cash register must be serviced in the County of Hawaiʻi by an established company.
  2. The Contractor shall immediately notify the Director before removing any cash register from the premises for repairs or for other purposes. The Director shall also be advised, in writing, of the balance in the cash register prior to the removal of the register. Further, in the event the register must be repaired or replaced, the cash register company servicing the register shall inform the Director of any information obtained while making such repair or replacement.
  3. The Director shall be advised by written notice from the cash register company upon the sale and installation or removal of any register, either as an initial sale or subsequent replacement or otherwise, the following cash information including but not limited to:
    1. Model name and model number;
    2. Serial number;
    3. Present reading in that cash register; and
    4. Overrun counter reading.
  4. The County reserves the right to enter the concession premises at all reasonable times for the purposes of examining the cash totals and also for the purpose of determining whether the terms, covenants and conditions contained in the Contract are being fully and faithfully observed and performed.
  5. The Contractor shall, for a period of not less than three (3) years, maintain and keep all pertinent original sales records including cash register tapes, serially numbered sales slips and such other sales records.
  6. Failure of the Contractor to comply with these cash register requirements shall be deemed a breach of the Contract, which may warrant termination of the Contract.
7. Service, Food, Drinks, Rental, Sundries and Price.
  1. The prices charged by the Contractor for services, food, drinks, rentals and sundries shall be reasonable and shall not be more than prices prevailing elsewhere for the same kind and quality of service. The Director shall have the sole authority to determine the reasonableness of prices charged by the Contractor, and Contractor shall respect the prices authorized by the Director.
  2. Any increase in prices for consumables and rentals during the Contract period must be approved in writing by the Director prior to the increase. Documentation justifying the increase shall be required to accompany all such requests. Requests will only be entertained by the County on an annual basis unless the Contractor can justify necessary increases due to conditions that were not anticipable previously – such as regulatory changes, mandated minimum wage increases, imposition of tariffs, etc.
  3. Contractor shall provide a menu of items and pricing to the Director for approval prior to the concession’s initial start date.
8. Quality of Food and Beverages.
  1. It is the intention of the County that food and beverage concession services be of the highest quality. All food and beverage preparation, storage, dispensing, consumption, dining or sales areas are to always be kept clean, orderly, and sanitary and in strict accordance with all applicable laws, ordinances, and rules and regulations.
    1. The Contractor shall always maintain and repair the equipment, utensils and supplies, and all areas used by or assigned to the Contractor in a clean and sanitary condition in compliance with the requirements of the State Department of Health.
    2. The Contractor shall always keep available and maintain an Ingredients Directory of Food Items that contains a current listing of all food items offered for purchase with all ingredients used in each item for public reference.
    3. Be responsible for maintaining and keeping all areas used by or assigned to the Contractor free of trash, debris, spills and used cooking oil.
    4. Provide and use sanitary and suitably covered receptacles or containers for all garbage and other refuse.
    5. Ensure all products sold or kept for sale conform in all respects to Federal, State and Municipal food and other applicable laws, ordinances and regulations. No imitation, adulteration or misbranded articles shall be sold or kept for sale; all merchandise kept on hand shall be stored and handled with due regard to sanitation.
    6. Leftover perishable merchandise shall not be sold at any time.
    7. It is the desire of the County that efforts be made to operate a “green” food and beverage operation at GKRA. All disposable utensils, containers and packages shall be, at the very minimum, biodegradable.
    8. The Contractor shall not sell, or have available, chewing gum, chewing tobacco, cigars, cigarettes, or e-cigarettes.
    9. The Contractor must follow all rules set forth in the Color Coded Placard Program implemented on February 24, 2014 under the State of Hawaiʻi Administrative Rules Title 11, Chapter 50. Contractor shall have a current green placard at time of concession opening and throughout the Contract. If at any time during the Contract there is a change in the color of the placard, the Director must be notified immediately. Failure to maintain a “green” placard at any time shall be considered a breach of Contract and may be grounds for termination of the Contract.
9. Conduct of Business.
  1. The Contractor shall conduct its operation in such manner as to avoid the creation, commission, or maintenance of a nuisance on the Premises and at the Park, or the causing or creation of unusual or objectionable noises, or noxious smoke, gases, vapors, or odors.
    1. The Contractor shall not permit the concession premises to be used for any illegal purpose, immoral or indecent activity, or for lodging or sleeping purposes, nor shall it permit disorderly persons to remain upon or loiter within the concession area. No inventory items or personal articles shall be kept or stored in public areas of the Premises or the Park.
    2. The Contractor shall be responsible for securing the Premises and the safekeeping of its contents. If damages caused by itself, its employees, guests or park patrons should occur to the Premises, the Contractor shall be responsible for the prompt repairs of any condition or defect in the premises which creates a risk of harm to persons or property, or which exposes the premises to rapid deterioration more than normal weathering. For major repairs and maintenance, the Contractor may approach the County for assistance to resume operations in a timely manner (maximum 30 days unless major work required which must be approved);
    3. The Contractor shall not allow smoking (including e-cigarettes) or use of any tobacco products anywhere within GKRA at any time by its staff or employees.
    4. The Contractor shall not, at any time, engage in or promote the feeding of wildlife at GKRA, nor sell any products of any kind for such purposes; and
    5. The Contractor shall not, at any time, allow its staff or employees to bring their personal pets or other animals to the GKRA unless they are service animals required in the performance of Contract related work (complying with the Americans with Disabilities Act).
10. Disposal of Garbage, Rubbish and Other Refuse.
  1. The Contractor shall arrange for adequate sanitary handling and disposal from the premises of all garbage, rubbish and other refuse caused by or resulting from the operation of the concession. The Contractor shall provide and use sanitary and suitably covered receptacles or containers for all garbage, rubbish and other refuse. Piling of boxes, cartons, barrels, or other similar items shall be prohibited at the Premises, except within the enclosed refuse storage area provided for this purpose. The Contractor shall arrange to have all refuse removed from the premises regularly, no less than every other day, in accordance with a removal schedule approved by the Director.
11. Maintenance and Clean-Up.
  1. The Contractor shall always keep and maintain the Premises and the equipment and supplies thereat, as well as all areas used by him/her, in a clean and sanitary condition in conformance with the requirement of the State Department of Health and to the satisfaction of the Director.
    1. The Contractor shall maintain and keep the areas surrounding the concession premises free and clear of trash and other unsightly objects attributable to the concession operation and its patrons.
    2. The Contractor shall maintain and keep all filters associated with the kitchen operations clean and in full working order. At minimum, all filters shall be thoroughly cleaned on a weekly basis and replaced as needed to ensure proper operation of the exhaust system and prevent the development of any unsanitary conditions.
    3. The Contractor shall contract a professional exhaust flue cleaning service to thoroughly clean the kitchen’s exhaust system on a semi-annual basis (or more frequently, as needed) beginning not less than six months from the start of this Contract.
    4. The Contractor shall maintain the range hood’s fire suppression system in proper working condition at all times and contract for routine inspection by a qualified firm to ensure compliance with NFPA and Department of Health regulations.
    5. The Contractor shall install and maintain grease traps on all kitchen equipment and sinks to separate grease from the sanitary waste effluent nearest the source of generation to prevent the degradation of the facility’s sanitary waste lines and septic system. All waste grease and related food refuse shall be properly contained and disposed of on a regular basis. The Contractor shall be solely responsible for all costs attributed to its failure to properly install, monitor and maintain its grease traps. The facility’s in-ground grease separator is a second line of defense against grease entering the facility’s septic system and should not be considered a substitute for the Contractor’s requirement to install and maintain its own point-source grease traps.
    6. The Contractor shall regularly inspect the facility’s existing in-ground grease interceptor (that was designed and installed specifically to protect the Facility’s septic system from the adverse effects of the grease generated at the concession), on not less than a quarterly basis, to ensure it is functioning properly.
    7. The Contractor shall contract a properly licensed firm to pump and clean the grease interceptor on an as-needed basis and ensure the waste is disposed of properly. Because the grease interceptor serves only the concession, the Contractor shall adjust its inspection practices as necessary based on its operation’s generation of grease; however, inspections shall occur more frequently than as required, never less.
    8. The Contractor is required to maintain its premises vermin-free and he/she shall contract a licensed pest control company for removal/extermination of any animals that are harmful to people or detrimental to the successful operation of the concession and character and usability of the premises. The Contractor shall not be due any refunds, credits, payments or financial considerations associated with the treatment for vermin or any damages associated therewith. The Contractor shall be responsible for all cleaning necessary following the extermination procedures. The Contractor shall inform the DPR a minimum of two (2) weeks in advance of any pest removal/treatment operations and it shall post signs notifying/warning the public accordingly. The Contractor shall make necessary arrangements for uninterrupted continuation of its key management services at all times – no exceptions.
    9. The Contractor shall, at a minimum, strip and wax floors of the Facility as needed or at least once per year to prevent wear and tear on the tile floors. The wax shall be commercial grade and shall consist of at least three coats per application. This shall be coordinated with the DPR to ensure the waxing is completed on one of the County’s scheduled maintenance closure days. Kitchen floor and wall surfaces shall be thoroughly cleaned on a regular basis (at least annually) to prevent build up of grease and grime and to ensure permanent staining does not occur
    10. The Contractor shall be responsible for the reasonable and proper care of the Facility. The restrooms at the Facility shall be the responsibility of the Contractor and shall be kept clean and sanitary at all times.
12. Signs and Advertising.
  1. The Contractor may furnish, install and maintain signs listing the prices for its services. Before posting or installation, all signs must be approved in writing as to the appropriateness, size, design and location by the Director. All signs must also comply with the County Sign Ordinance, if applicable. The Contractor may also provide flyers to bunkhouse and cabin permittees at the time of key pick-up, introducing them to the services they may avail themselves of at the premises.
    1. No hawking, solicitation or unauthorized advertising shall be made by the Contractor or its employees on or outside of the premises or on a public address system; and
    2. The Contractor shall not engage in or have any form of advertising without the prior written approval of the Director.
    3. The Contractor, with the Director’s concurrence, may engage with the State Department of Transportation, Highways Division (DOT-H) for placement of appropriate signage on/at Daniel K. Inouye Highway. However, without the Director’s or DOT-H’s approval, no signs shall be placed on/at the highway.
13. Repair.
  1. The Contractor shall accept the Premises “as is,” in the condition that exists at the time of the commencement of this Contract. For the safe and successful operation of the concession, all repairs to the Premises due, but not limited to, theft, criminal property damage, vandalism, mischief, unlawful entry, normal wear and tear, etc. shall be the Contractor’s sole responsibility.
    1. The Contractor shall maintain the Premises in a condition better than or equal to the condition which existed at the commencement of this Contract. All maintenance and repair activities required to comply with this requirement shall be initiated and completed at the Contractor’s sole expense; and
    2. In the event of any damage to the structure, regardless of cause or intentionality, the Contractor shall immediately implement all repairs necessary to restore the building to a basic state of being secure and watertight and so as not to be susceptible to subsequent or compounded damage due to rain, wind, or unauthorized entry. Contractor shall implement all necessary safety measures to establish and secure a perimeter clear zone for safety of the public.
    3. At any time during this Contract, the Contractor shall bear the burden of proving that any deficient condition of the Premises existed at the commencement of this Contract. Unless documentation is provided to substantiate the contrary, the Premises shall be considered in acceptable, sound, uncompromised and fully functional capacity. Final determination of any disputed condition(s) shall be at the sole discretion of the Director.
14. Employees.
  1. The Contractor shall maintain an adequate staff to always provide efficient, prompt and courteous service. The Director shall be the final authority in determining the number of employees needed on duty.
    1. The Contractor shall comply with all Federal and State laws and regulations concerning employees, including but not limited to non-discrimination, minimum wages, unemployment and TDI benefits, workers compensation insurance, fair labor standards, etc.;
    2. The Contractor shall employ only persons of good moral character, neat appearance and polite manners. The County shall have the right to eject from the premises any employee of the Contractor whose conduct is improper, inappropriate or offensive. The County, in that event, shall have the right to require the Contractor to supply an acceptable replacement within a reasonable time after date of ejection. If the Contractor is unable or unwilling to furnish a replacement acceptable to the Director, then the Contract shall be deemed to have been breached and the County shall have the right to terminate the Contract.
    3. All employees must have and maintain in good standing all necessary health clearances;
    4. The contractor shall have an employee standards/training program for the following items:
      1. Employee performance/dress standards;
      2. Customer service/dealing with the public;
      3. Cash handling and reporting procedures;
      4. Workplace safety/sanitation best practices;
      5. Sexual harassment; and
      6. Manager training.
    5. Contractor shall provide a staffing plan to the Director prior to concession opening date.
15. Non-discrimination.
  1. The Contractor shall operate the concession and render the services required without discrimination because of race, ancestry/national origin, religion, color, disability, age, marital status, military status, veteran's status, sexual orientation, lactation, arrest and court record, citizenship, or any other classification protected by State or Federal law.
16. Inspection by the County.
  1. The County shall have the right to enter the Premises at all reasonable times for the purpose of examining the state of repair and condition of the Premises and the County’s equipment and for purposes of determining whether the terms, covenants and conditions contained in the Contract are being fully and faithfully observed and performed. This right shall include permitting authorized personnel from the County of Hawaiʻi to procure periodic register readings for accounting purposes.
17. Phone and Data Connectivity.
  1. The Contractor is required to furnish a cellular or landline phone service and a computer or electronic device with wireless data service, capable of receiving and viewing emails and the internet for the purposes of immediate communication with the County and for access to the County’s permitting system for GKRA. Contractor shall ensure all employees are adequately trained and always have access to these means of communications while working at the Park.
COUNTY OPERATIONS —
GKRA hours of operations: The Park is open 365 days a year from 6:00 a.m. through 6:30 p.m.

The DPR employs personnel that are permanently assigned to the Park to perform routine maintenance work including, but not limited to grounds maintenance, trash collection and disposal, restroom cleaning, cabin/bunkhouse/mess hall cleaning and preparation, etc. This staff is generally present at the Park daily, from 6:00 a.m. through 5:30 p.m.

The DPR also employs staff that periodically perform specialized work tasks at GKRA, such as vector control, electrical, plumbing, carpentry, painting, tree trimming, floor care, welding, etc. as needed. When specialized work is required, the Park may be partially closed to allow for safe operation and performance of said work. However, all efforts will be made by the County to ensure the Contractor’s operations are not directly impacted unless unavoidable.
CONTRACTED SECURITY SERVICES —
The County contracts private security guard service at the park to provide for patron safety and safety of cabin and bunkhouse permittees. Security services are provided daily, from 6:15 p.m. through 6:15 a.m. The County’s security services, while encompassing the entirety of GKRA, is not intended to provide the Contractor with any specific levels of enhanced security service or coverage or assurances of safety for its staff, employees, or property. Neither the County or its contracted security company are responsible for any loss, theft, damage, or vandalism to the Premises and Facility.

The Contractor may elect to contract its own security service, whether in-person guard services and/or remote/electronic surveillance systems/services. However, Contractor shall not engage the County’s contracted security company for any specialized or directed services. Contractor shall inform and coordinate with the Director on any security service it intends to employ/engage with on the Premises.
PAYMENTS —
1. Commencement of Contract:
It is intended that this Contract begin on the first day of the calendar month following the execution of the contract.
1. Monthly Lease:
The Contractor shall pay the first monthly rental amount to the County on or before July 1, 2026, or one month from the date specified in the Notice to Proceed, whichever is later. Thereafter, the Contractor shall pay the monthly rental on the first day of each month for the duration of the Contract period.
1. Monthly Utilities:
Refer to the following sections for payment of utilities provided via the County’s existing service agreements:
2.B.v. – Description of Premises, Water, Submetering and Payment.
2.C.ii – Description of Premises, Power/Electric, Submetering and Payment.
Contractor shall be responsible for coordinating installation, managing accounts, and payment of all other utilities and services costs (e.g. phone, internet, etc.) necessary for the successful operation of its operations directly.
1. Payment:
All checks shall be made payable to the “Director of Finance” and paid at or mailed to the Department of Parks and Recreation, 101 Pauahi Street, Suite 6, Hilo, Hawaiʻi 96720, addressed to “Business Manager.” Failure to pay any part of the lease, rent or utilities, when due, shall constitute a breach of the Contract and shall be grounds for termination of the Contract by the County. Without prejudice to any of the other remedies herein given the County, interest at the rate of 1% simple interest per month or fraction thereof shall be assessed for any overdue payment of rent.
1. Advance Payment:
The County shall accept advance payment(s) of monthly rental provided the advance payment is made in the amount of one or more full monthly rental payments, without exception. No interest shall be accrued and credited the Contractor on such payments in advance.
PAYMENT OF TAXES AND OTHER CHARGES —
The Contractor shall pay for all taxes or other charges incurred or assessed against the operation of the Concession herein granted, including but not limited to, property tax, telephone, and electricity.
1. The Contractor shall pay promptly, when due, all real property taxes, rates, assessments, impositions, duties, charges, and fines, which shall, during the term of this lease, be lawfully charged, assessed, imposed, become a lien upon, or become due and payable upon or on account of each and every part and parcel of land leased by the Contractor.
1. To be utilized as a gauge, the estimated tax is as follows based on the current tax rate:
Commercial Rate - $10.70/$1,000.00
Estimated Tax - $3,218.56 ($306,800 x $0.01070)
1. If the Contractor qualifies for such, the Contractor may apply for a real property tax exemption pursuant to procedures established by the County Department of Finance. However, the Contractor is solely responsible for this process and shall pay for all taxes until and unless an exemption is authorized and in effect.
BUSINESS RECORDS AND INCOME ACCOUNTABILITY —
Within sixty (60) days after the close of each calendar year (or such fiscal year as the Contractor may use for purpose of business recording and taxation), the Contractor shall furnish the Director a Balance Sheet and Profit & Loss Statement, audited by a Certified Public Accountant, on the operation of the concession for the period, showing in detail operating revenues from all sources and all operating expenses by type. The Balance Sheet and Profit & Loss Statement shall be in forms agreeable to the DPR; further, the level of detail of each shall be subject to review and enhancement at the discretion of the Director of Finance.
ALTERATIONS AND IMPROVEMENTS BY CONTRACTOR —
The Contractor is encouraged to make improvements or alterations to/at the Premises that will enhance the opportunities for success of its concession operations in conjunction with the following:
1. The Contractor shall not make any alterations or improvements to or at the Premises without the prior written approval of the Director.
1. All requests to make such alterations or improvements shall be submitted in writing and shall be accompanied by plans, specifications, and cost estimates. Such alterations or improvements may include, but not be limited to, improvements to restaurant facilities.
1. All costs for such alterations or improvements shall be the responsibility of the Contractor and such alterations or improvements shall be maintained by the Contractor during the term of the Contract and shall become the property of the County of Hawaiʻi, at no cost to the County, at the termination of the Contract.
1. All plans, specifications and cost estimates shall be prepared and stamped by an appropriately licensed architect and/or engineer per State and County requirements;
1. All plans shall be submitted to the State’s Disability and Communications Access Board (“DCAB”) for review and a clean document review obtained before the project will be allowed to commence.
1. The Contractor shall obtain all necessary permits prior to commencing any construction activities.
1. The Contractor shall promptly discharge all debts incurred in making any such alteration or improvement and shall, within sixty (60) days after completion, render receipted statements to the DPR. In the event of mechanics and/or material liens being attached on said Premises, the Contractor shall dissolve such liens within fifteen (15) days from the date of such attachment.
ALTERATIONS AND IMPROVEMENTS BY THE COUNTY —
The County reserves the right to make alterations, improvements, modifications, or additions to GKRA/Park at its reasonable discretion, as the County deems necessary or desirable, whether via its own staff, construction contractor(s), and/or via other government agencies that will enhance or restore the Park in conjunction with the following: Such work shall not require compensation to the Contractor as long as such alterations, improvements, modifications, or alterations, do not materially alter Contractor's use of the Premises.The DPR reserves the right to make improvements or alterations to/at GKRA, either of its own undertaking or in partnership with other agencies or entities, that will enhance or restore the Park in conjunction with the following:
1. The County shall inform the Contractor of any work in the vicinity of the Premises or that may affect the Contractor’s operations prior to its implementation so the Contractor may make informed decisions about how the work may affect their operation, if at all, and plan for and implement alternative or modified concession procedures. Currently, the County plans is aware of the following projects that may be initiated during the term of this contract and/or any incorporated extensions:
  1. New Electric Vehicle “EV” charging stations and parking lot expansion at main parking lot fronting the Premises and nearby comfort station.
2. Contractor’s consent shall not be required with respect to any such alterations, improvements, modifications, or additions.
3. The County shall make reasonable efforts to minimize any disruption of Contractor’s operations.
4. The Contractor shall accommodate the County’s staff and/or contractors/agencies in the performance and execution of the work by not interfering with such directly or indirectly. Contractor shall temporarily relocate its vehicles, adjust delivery methods, redirect patron traffic, etc. as becomes necessary and as is determined to be reasonable by the Director.
5. Such work shall not require compensation to the Contractor as long as such alterations, improvements, modifications, or alterations, do not materially alter Contractor's use of the Premises.
6. Any major disruptions to the Contractor’s concession operations that are sustained for more than 2 hours during the Contractor’s normal business hours may be grounds for compensation to the Contractor by the County. A major disruption means any loss of functional utilities, loss of patron access to the concession, or similar insurmountable inconvenience caused by the County’s work. The Director shall have sole discretion to determine what constitutes a major disruption, and what the appropriate compensation shall be. Contractor shall bear the burden of proof and shall establish its case for determining grounds for compensation and shall submit all claims and supporting documents to the Director for determination. Compensation shall be in the form of a credit or offset against future monthly rental payments due the County for a period of up to six (6) months’ rent. Required compensation that is greater than the equivalent of 12 months’ rent, and the method of payment therefor, shall be determined by the Director in consultation with the County’s Finance Director.
INSURANCE —
1. The Contractor shall, at its expense, during the life of the Contract procure and maintain insurance coverages and limits against all claims for injuries to persons or damages to property which may arise from, or in connection with, the performance of work by the Contractor, or its agents, representatives, employees or subcontractors. County’s review or acceptance of insurance is not intended to limit or qualify the liabilities or obligations assumed by the Contractor. Insurance shall be issued by insurance companies authorized to do business in the State of Hawaiʻi with at least an A.M. Best’s Key Rating of A- VII. The limits required under the Contract/Agreement may not be adequate and any limit requirement contained in the Contract/Agreement shall not act as a limitation of the Contractor’s indemnification and/or liability. County of Hawaiʻi retains the right to review the coverages, policy forms and amounts of the insurance required by this Contract. If in its reasonable judgment the insurance provisions in this Contract do not provide adequate protection, then the Contractor may be required to obtain insurance sufficient in coverages, forms, and amounts to provide such additional protection. The County reserves the right to require complete certified copies of all required insurance policies, including the policy declarations and endorsements affecting the coverage at any time. In the event the Contractor fails to furnish a proper certification within ten (10) calendar days of notification of intent to award, the County may consider the Contractor’s offer void and award to next responsible, responsive vendor.
Modifications or Cancellations of Insurance Policy:
The Contractor is required to notify the County at least sixty (60) days prior to the Contractor seeking to modify or cancel any of the insurance policies required by this Contract/Agreement. The CONTRACTOR/PROPOSER/CONSULTANT is also required to notify the County immediately of any modification or cancellation of any required insurance policy that is initiated by the insurance carrier.

CONTRACTOR/PROPOSER/CONSULTANT shall provide certificate(s) of insurance with the execution of the agreement and before any work begins to:
                    County of Hawaiʻi
                    Attn: Department of Parks & Recreation
                    25 Aupuni Street
                    Hilo, HI 96720
                    Project: Concession Services at Gilbert Kahele Recreation Area

Certificate of Insurance wording: “County of Hawaiʻi and its officers and employees are included as an “Additional Insured” on the policy(s) evidenced (i.e. General Liability and Automobile Liability) as respect to work performed by, or on behalf of, the Insured. Such insurance shall be on a Primary and Non-Contributory basis with a Waiver of Subrogation in favor of the County of Hawaiʻi.”
1. Commercial General Liability (CGL).
Coverage written on an occurrence basis covering the liability for all operations of the Contractor, including operations under all Subcontracts.
Coverage at least as broad as to Insurance Services Office (ISO) Form CG 00 01 for bodily injury, property damage, products and completed operations and personal & advertising injury.
Providing limits of liability of not less than:
                                      $1,000,000           Each Occurrence
                                      $2,000,000           General Aggregate
                                      $2,000,000           Products/Completed Operations Aggregate
                                     $1,000,000           Personal and Advertising Injury
                                     $1,000,000           Damage to Rented Premises (Each Occurrence)
Such insurance shall be on a Primary and Non-Contributory basis with a Waiver of Subrogation in favor of the County of Hawaiʻi. County of Hawaiʻi and its officers and employees are included as an “Additional Insured” with respect to work performed by, or on behalf of, the Insured.
1. Business Automobile Liability.
Coverage at least as broad as ISO Form CA 00 01 covering all owned, non-owned and hired automobiles (assuming the Contractor will be using vehicle(s) in performance of the scope of work). With limits of liability of not less than $1,000,000.00 in combined single limit, or equivalent split limits, for each accident. Such insurance shall be on a Primary and Non-Contributory basis with a Waiver of Subrogation in favor of the County of Hawaiʻi. County of Hawaiʻi and its officers and employees are included as an “Additional Insured”.
1. Workers’ Compensation and Employers’ Liability.
As required by Hawaiʻi Revised Statutes Chapter 386 and regulations thereunder providing limits of liability of not less than Workers’ Compensation: Statutory limits and Employers’ Liability: Bodily Injury with minimum limits of $1,000,000 for each accident; $1,000,000 by disease – each employee; and $1,000,000 by disease – policy limit. With a Waiver of Subrogation in favor of the County of Hawaiʻi.
1. Property.
The Contractor shall obtain property insurance coverage written on an all risk, replacement cost basis in an amount not less than 100% of the replacement cost of the building(s) and contents, including tenant improvements and betterments, made by the Tenant or Lessee, located on the premises. Lessee shall agree to be fully responsible for any deductible or self-insured retention, and to provide this coverage on primary basis. including flood and windstorm.
Certificate of Insurance wording: “County of Hawaiʻi is included as “Loss Payee” as respect premises leased by, or on behalf of the Insured”.

In the event of loss or damage to the premises, the County may, at its discretion, retain the proceeds of such insurance if it undertakes to rebuild, replace or repair the same according to the original plans and evaluation therefor, with due allowances for normal wear and tear, or according to modified plans and elevation approved by the County. The Contractor shall also procure, at his/her own expense, fire insurance coverage protecting its furnishings and trade fixtures
ASSUMPTION OF RISK —
The Contractor assumes the risk of any loss or damage to its property left on the premises. The County, its officers, agents and employees shall not be responsible or liable for any loss of, or damage to, the aforesaid property while on the premises, regardless of how or in the manner in which such loss or damage is sustained. It is recommended that the Contractor obtain security services.
INDEMNIFICATION —
The Contractor shall so conduct its activities so as not to endanger any person or customer lawfully thereon, and shall indemnify, save and hold harmless the County of Hawaiʻi and all of its officers, agents and employees from any and all claims for losses, injuries, damages and liabilities to persons or property occasioned wholly or in part by the acts or omissions of the Contractor, its agents, officers, employees, guests, patrons, or any person or persons admitted to said premises which said premises are used by or under the control of the Contractor.
ASSIGNMENTS —
The Contractor shall not sublet the whole or any part of the premises, nor assign, hypothecate or mortgage the Contract, or any of the rights thereunder, without the prior written consent of the Mayor, County of Hawaiʻi. Any consent by the Mayor, County of Hawaiʻi, shall not operate as a waiver of this condition from future subletting, assignment, hypothecating or mortgage.
DESTRUCTION OF OR DAMAGE TO PREMISES —
If the Premises are destroyed or are damaged, either wholly or in part, by an act of God, war, fire or other catastrophe that the same cannot be repaired within three (3) months after such occurrence, and during said three (3) months period, the Contractor is unable to continue the operation of the concession, the Contractor may terminate the Contract as of the date of such damage or destruction, and the Contractor shall pay rental only up to the time of such damage or destruction. The Contractor may then have the option of continuing the Contract upon completion of repairs regardless of the length of time required to complete them or cancellation of the Contract. The Contractor shall give notice of its intention within ten (10) days of such loss or damage.
EXCUSE OF PERFORMANCE —
Performance by the Contractor shall be excused only by reason of the following causes:
1. When such performance is prevented by destruction or damage to the Premises as stated in Section 16, above.
2. When such performance is prevented by an act of the public enemies of the State of Hawaiʻi or of the United States of America or by a declared state of emergency due to natural or man-made disaster; and
3. Upon prior approval of the Director, Contractor may temporarily close the operation of its concession at the Facility for a period due to extenuating circumstances, for necessary maintenance work, for approved physical improvements, and for other justifiable purposes that do not extend beyond seven (7) consecutive calendar days.
4. When such performance is prevented due to malfunctioning and/or shutdown of utility or wastewater systems.
5. At all times the concession is closed, regardless of cause, the Contractor shall:
  1. Prominently post the duration of closure and anticipated reopening date at the main public entrance to the Facility.
  2. Maintain basic key management operations for servicing of permitted campers at the Park. The system developed for managing keys shall be reviewed and approved by the Director prior to any closure.
  3. Maintain outside vending machines for the duration of their presence at the Premises. The Contractor shall not retain any vending machines that are non-operable, not regularly stocked/serviced, or unmaintained at any time its concession is closed.
DEATH OR DISABILITY OF CONTRACTOR —
In the event of the death or disability of the Contractor during the term of the Contract, the executor or administrator of the estate of the Contractor or the Contractor acting personally or by guardian, as the case may be, shall dispose of the Contract and the concession covered by the Contract within two (2) months after such death or disability, or within such further time as may be allowed by the Director of Finance, by assignment, subject to the prior written consent of the Director of Finance, to a person who at the time of such assignment meets the qualifications set out by the Director of Finance.
BREACH OF CONTRACT, BANKRUPTCY, INSOLVENCY —
In the event the Contractor shall fail to pay the rent when the same becomes due, whether the same shall or shall not have been legally demanded, or does not provide the services required herein, or shall fail in any other respect to faithfully observe or perform any condition or covenant of the Contract, or if the Contractor shall become bankrupt or insolvent or shall make an assignment for the benefit of its creditors, or if the Contractor should file any debtor proceedings or take any proceedings of any kind or character whatsoever under any provisions of the Federal Bankruptcy Act seeking any readjustment, arrangement, postponement, composition, or reduction of Contractor's debts, liabilities or obligations, or if any such proceedings under the Federal Bankruptcy Act shall be taken against the Contractor and the same shall not be frivolous, or if the Contractor shall abandon the concession premises, or suffer the Contract or interest thereunder to be taken under any writ of execution, then the County may at once enter into and upon the premises or any part thereof in the name of the whole, and at its option terminate the Contract and thereupon take possession of the premises and all improvements and equipment thereon and thereby become wholly vested with all right, title and interest of the Contractor and of those claiming under him/her, all without service of notice or resort to any legal process and without being deemed guilty of any trespass or becoming liable for any loss or damage which may be occasioned thereby, and without prejudice to any other remedy or right of action which the County may have for arrears of rent or for other or preceding breach of covenant of the Contract on the part of the Contractor.
SURRENDER OF PREMISES UPON TERMINATION —
Upon termination of the Contract, other than for the breach thereof, the Contractor shall remove its merchandise and equipment and shall peaceably surrender possession of the premises in good order, condition and repair, reasonable wear and tear excepted. Any and all permanent improvements (i.e., walls, windows, doors; built-in cabinets, shelving and counters; lighting fixtures; ceiling fans; range hoods and exhaust vents; sinks and faucets; and flooring, etc.) existing prior to or installed during this Contract shall become the property of the County. The equipment and fixtures furnished by the Contractor shall become the undisputed property of the County, free and clear. Should said equipment be damaged or unduly worn, the Contractor shall repair or replace the equipment in its entirety, or certain affected parts thereof, at its sole expense and to the satisfaction of the Director. The Contractor shall professionally clean the entire premises, interior and exterior, including but limited to, steam cleaning of bare and carpeted floors; sealing and waxing hard floors; treating mildew and cleaning ceiling, walls, windows, doors, etc.; cleaning all doors, windows, screens, trims, etc.; cleaning and flushing of all sanitary waste lines; cleaning all lighting fixtures, fans and accessories; cleaning all flues, exhaust vents, fans and filters; replacing all window screens and filters with new of similar quality and character; clean all shelves, cabinets, countertops and storage areas; and all other cleaning activities identified by the DPR prior to the end date or termination of this Contract.
ACCEPTANCE OF RENT —
The acceptance of the rent or any sum reserved in the Contract by the County shall not be deemed to be a waiver by the County of any breach by the Contractor of any covenant or condition contained in the Contract.
INDEPENDENT CONTRACTOR —
The Contractor is deemed to be an Independent Contractor and not the agent, employee, partner nor joint venture partner of the County.
LAWS TO BE OBSERVED —
The Contractor shall observe, perform and comply or require compliance with all governmental laws, ordinances, rules and regulations of the United States, the State of Hawaiʻi, the County of Hawaiʻi, or any department or agency thereof, which in any manner affect the construction and installation of the concession facilities, and in the operation and maintenance of the concession. Any reference to such laws, ordinances, rules and regulations shall include any amendments thereto.

The Contractor shall familiarize itself and its employees with ADA and any related federal, state and county laws or requirements, regarding its potential impact on the concession or the conduct of the Contractor on the premises. The Contractor shall make all temporary improvements to accommodate and provide access to all patrons who wish to use the prior to the permanent improvements the County will undertake as stated in Paragraph 11 “ALTERATIONS AND IMPROVEMENTS”. All temporary accommodations shall fully comply with the Americans with Disabilities Act Accessibility Guidelines and the Hawaiʻi Revised Statutes and shall be at the sole expense of the Contractor.
COSTS OF ENFORCEMENT AND LITIGATION —
In the event the County shall, without any fault, be made a party to any litigation other than condemnation or like proceedings, commenced by or against the Contractor arising out of the Contractor's use of occupancy of the premises or attributable to any structure or objects placed thereupon or therein by the Contractor, then the Contractor shall pay all costs and reasonable attorneys' fees incurred by or imposed upon the County in connection with such litigation.
AMENDMENTS —
The Contract shall not be varied except by an instrument in writing executed subsequently hereto by both parties.
ESTOPPEL CERTIFICATE —
The Contractor shall, upon a written request by the County, acknowledge and deliver a written statement certifying that this lease agreement is unmodified and in full force and effect (or if there has been any modification, that it is in full force and effect as modified and stating the modification); there are no defaults existing (or if there is any claimed default, stating its nature and extent); and the dates to which the rent and other charges have been paid in advance. It is expressly understood and agreed that any such statement delivered pursuant to this section may be relied upon by any third party.
QUESTIONNAIRE —
Each bidder shall include with its proposal a completely filled out questionnaire, attached hereto as Exhibit “F," for the purpose of fully explaining the bidder's experience in restaurant/bar operations, equipment owned or to be acquired through purchase or lease, identification of management personnel to be employed and officers of corporation, if any, statement of general operating procedures and full menu complete with proposed prices.
POST-AWARD MEETING —
Awarded Contractor shall meet, in-person, with the Director and his/her staff prior to the commencement of any on-site preparation work to establish clear communication with DPR staff with varying responsibilities to/at GKRA and the Contract, and to develop and ensure a clear understanding of implementation and delivery of the work to be performed and the expectations of the County.
TERMINATION —
Any termination of this contract may be authorized by the Director of Parks and Recreation or the County’s chief procurement officer and shall be governed by the County’s General Terms and Conditions for Goods and Services dated May 10, 2023, including but not limited to Section 12.11, 12.12 and 12.13.

Submission Requirements

Proposal Requirements (required) —
Did you read through and confirm that you met all of the proposal requirements including the sections:
1. General Conditions
2. Special Provisions and Specifications
Proposal (without Cost Proposal) (required) —
Please Upload your COMPLETE Proposal here. Upload fee proposal separately in the next step.
Separate Cost Proposal (required) —
Confirm that your fee proposal is not attached in your Proposal and is attached separately here.
Bid Bond (required) —
Each bid shall be accompanied by a bid bond, in the amount of $2,500.00 plus 2% of its bid amount exceeding $50,000.00, payable toCounty of Hawaii, as a guarantee that the bidder, if its bid is accepted, will promptly execute the Agreement..
Please scan and upload a copy of your bid bond/cashier's check. Bidder must also had deliver bid guarantee no later thanThursday, April 30, 2026 addressed to:
County of Hawaii
Stephanie Letro
Purchasing Division Office at 25 Aupuni St., Ste. 1101
Hilo,HI96720
Please have the Bidder Name, Contract Title ("LEASE CONCESSION FOR GILBERT KAHELE RECREATION AREA FOR THE DEPARTMENT OF PARKS AND RECREATION, COUNTY OF HAWAI'I"), and Contract Number ("IFB 26-0184") listed clearly on the outside of the envelope.
Contract Execution, Payment Bond, Performance Bond, and Certificate(s) of Insurance (required) —
The contract shall be executed by the successful bidder and a Performance Bond delivered to County of Hawaii so that it is received prior to commencement of contract and after the bidder has received the executed contract. Certificate(s) of Insurance will be requested upon award of bid and shall be delivered to County of Hawaii to be included with the contract. Failure to do so shall be just cause for forfeiture of the proposal guaranty.
Bidder/Proposal Signature Page (required) —
Please download the below documents, complete, and upload.
Exhibit F Notice of Intention to Bid Form —
Please download the below document, complete, notarize, and hand deliver to the Purchasing Division Office at 25 Aupuni St., Ste. 1101, Hilo, HI 96720 by April 24, 2026, 4:30pm (Hawaii Standard Time).
Bid Bond (required) —
Will this solicitation require a bid bond?
Electronic Pricing Table (required) —
Would you like to have bidders respond to an electronic pricing table through OpenGov?
Some examples of of when to say "yes":
1. This is a quote for goods or commodities
2. This is a public works bid, with a pricing table that can be uploaded into ProcureNow from an excel spreadsheet
3. Seeking services for hourly rate schedules
Separate Fee Proposal Upload (required) —
If you are NOT using the Electronic Pricing Table option, will you want your bidder to separate a Price Proposal from the rest of their Response? You'll want to do this if you open your bids initially WITHOUT showing price, and then come back in after a technical evaluation to unseal pricing later.
Evaluation Committee? (required) —
Will there be an evaluation committee to review the proposals and score them based on weights and multiple criteria?

Questions & Answers

Q (management of 7 cabins): The awarded contractor will also be required to manage 7 cabins? Check in visitors, act as concierge of sorts, check out & subsequently clean units post stay? Also, can contractor keep a food trailer on site 24/7.

A: The awarded entity is responsible to manage the keying system as set forth in Section 1.11.D of the Project Details. The County will continue to manage the 7 cabins, 2 bunkhouses, and the dining hall facility, which includes post-use inspections, cleaning, repairs, etc. Regarding placement of a permanent food trailer at the site - there are currently no provisions in the Project Details that specifically allow for this. Placement of a permanent trailer on the site would likely be governed by Section 1.18 of the Project Details and is subject to approval of the Director as it may require a permit to legally authorize.

Q (No subject): Aloha. Is the contract, or parts thereof, at all negotiable? Mahalo.

A: The County’s bid specifications and all related documents in our solicitation are not open to negotiation. All bidders must base their proposals on the County’s solicitation as written to ensure that all bids are on equal footing. Minor and non-substantive clarifications may be considered by the County during the contract execution phase, but only if such is/are in the County’s best interests.

LEASE CONCESSION FOR GILBERT KAHELE RECREATION AREA FOR THE DEPARTMENT OF PARKS AND RECREATION, COUNTY OF HAWAI'I

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