(a) Notwithstanding Article 4 (commencing with Section 10335) of Chapter 2 of Part 2 of Division 2 of the Public Contract Code, the department may negotiate a service contract with an entity qualified to do business in the state as a ferry operator, for the transport of passengers via ferry service between the City of Tiburon and Angel Island State Park. The terms of the service contract shall include, but not be limited to, all of the following:

1. (1) Public ferry service seven days a week, at least 362 days of the year unless otherwise agreed to by the department.
2. (2) Public ferry service of at least three round trips per day unless otherwise agreed to by the department.
3. (3) A contract term of up to 10 years, with the option of term extensions for a total contract term of up to 20 years.

(b) The terms of the service contract may provide, but not be limited to, both of the following:

1. (1) The retention by the contractor of a portion of any fees, rent, or other return collected by the contractor as reimbursement for the cost of collection.
2. (2) Payment or credit by the department to the contractor of a flat fee for each public ferry trip or if a certain agreed upon percentage of ridership is not met.