024-4 Wyo. Code R. §§ 4-2 - Specific Requirements

(a) Length of Long-Term Contracts: The length of new long-term concession contracts may vary from one contract to another, but the length shall not exceed twenty (20) years except as provided in (a), (i) below. All contracts shall be subject to review at five (5) year intervals. The five year review is limited to a contract fee review, expansion or deletion of services as permitted within the lease, and a concession master plan review. The term of concession contracts cannot extend beyond the Division's contract with the landowner.

(i) Upon written submission to the Division, a Concessionaire may petition for a contract term in excess of twenty (20) years, except for those concessions located on BuRec property. The Division shall limit extension of contracts in excess of twenty (20) years to conditions where extenuating circumstances or financial hardship can be satisfactorily documented. The Commission will review all documentation, including staff recommendations, and will make their recommendation to the Department Director whose decision shall be final.

(b) Contract Fee: The Division shall charge fair and reasonable contract fees based upon a percentage of gross revenue.

(i) The contract fee in each existing contract shall be reviewed, and revised if necessary, by the Division once every five (5) years per the term of the existing contract. Division staff will make a recommendation to the Commission who in turn will recommend to the Division Director to revise the contract fee at the five (5) year contract interval. This applies only to existing leases which contain a clause specifying a five year renewal or new leases established after adoption of these regulations.

(ii) The Division shall consult with the Concessionaire before revising the contract fee amount. Division staff shall follow reasonable and prudent business practices to determine original and revised contract fee base percentage rates.

(iii) A concessionaire may petition the Division, in writing to the Concession Manager, for a modification of the original or revised base contract fee. Petitions shall be limited to satisfactorily documented extenuating circumstances and/or financial hardships. The Division staff will review the petition and provide a recommendation to the Commission who will review the petition and Division staff recommendations and make a recommendation to the Department Director.

(iv) The contract fee will be calculated according to BuRec standards as outlined in the Amendment to the MOU except in cases where the Division may request a waiver due to extenuating circumstances. However, fees may not be lower than the base fair market use value of the land based on appraisal.

(c) Contract Fee Exemptions: The following receipts shall be excluded from gross revenue: sale and use tax collections, gasoline tax collections, special fuel taxes, Game and Fish Department license sales and Division permit sales. Concessionaires may petition the Division, in writing, for additional exemptions. The petition will be reviewed by Division staff and the Commission who will make a recommendation to the Department Director whose decision shall be final.

(d) Start Up Period: A new Concessionaire shall have one (1) year from the beginning date of the contract term to be operational and open for business or be in default of the contract.

(e) Master Development Plan: All long-term Concessionaires shall develop, at their own expense, a Concession Master Development Plan. The plan shall include a conceptual design, facility layout, a narrative explaining how they will meet the objectives of both parties and the management practices to be undertaken to meet these objectives. The plan must be submitted to the Division within one (1) year of the granting of the contract. Any subsequent revisions to the plan must be approved by the Division.

(f) Capital Improvements: Concession capital improvements and enhancements shall conform to the Master Development Plan. Concession development, including architectural styles, facility placement, the nature of goods and services to be provided shall conform to and complement the park development plans. All concession capital improvements shall be constructed only with prior written approval from the Division and shall be in accord with construction standards and codes applicable to the work being done. A construction performance bond will be required to ensure that the work is completed. See item (h).

(g) Service Guaranty Performance Bond: An insurance forfeiture bond may be required by the Division to ensure the performance of all contractual requirements that include providing a specific service to park users. The amount of the service guaranty performance bond will be an estimate of revenue that the Division could reasonably expect from the Concessionaire during the operating year.

(h) Construction Performance Bond. An insurance forfeiture bond may be required to ensure completion of capital construction. The construction performance bond may be for the amount of the value of the facilities which the Concessionaire is to construct under the terms of the contract. The bond will be released upon satisfactory completion of the facilities as determined by the Division.

(i) Liability Insurance. The Concessionaire shall obtain and maintain liability insurance, prior to beginning operation or construction, to protect against any claim arising from the operations or construction of the concession. Proof of insurance shall be provided to the Division annually by providing a valid and current Certificate of Insurance. The Certificate of Insurance shall indicate:

(i) Name of insured.

(ii) Dates of coverage.

(iii) Amount of coverage.

(iv) Company issuing policy.

(v) Agency of record.

(vi) The Department as lessor.

(j) Construction on Long-Term Contracts: All capital construction, renovation, or remodeling, involving expenditures greater than $2,500 per project and/or disturbs the ground, to existing concession facilities shall be made only with prior written approval from the Division. This does not include repairs, especially emergency, to existing electrical, plumbing or heating facilities. Approval shall not be unreasonably withheld and reasons for disapproval shall be set forth in writing with particularity. All capital improvements and enhancements shall conform to the approved Concession Master Development Plan, Park Master Plan and where appropriate, BuRec approval. If an approved Concession Master Development Plan is not on file with the Division, the Concessionaire must develop and submit a Concession Master Development Plan to the Division before any construction will be approved. All construction requests must provide detailed specifications, scaled drawings and renderings, site plans and evaluations of the work to be done in sufficient detail for Division review along with containing a professional stamp of an engineer or architect registered in Wyoming. The Division shall be entitled to rely upon the accuracy and completeness of professional certification of engineering, design, and performance criteria of materials, systems or equipment. The Division's comments for any project are not all inclusive and do not relieve the concessionaire of the responsibility to meet all building, structural, electrical, mechanical, plumbing, fire codes, and environmental law and regulations. The concessionaire shall supervise, direct and will be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the work. The obligations of the concessionaire shall not extend to the liability of the Division, its consultants, agents or employees arising out of review or approval of maps, drawings, opinions, reports, surveys, change orders, designs or specifications. Primary responsibility for new construction, remodel work, historic restoration or preservation is the sole responsibility of the concessionaire and the concessionaire shall bear all costs.

(i) Performance Bond: A performance bond may be required to ensure completion of capital improvements. Liability insurance is required.

(ii) Start-up Dates: If Division approval is given for capital improvements, the Concessionaire shall notify the Division of the construction start-up date. The Division may inspect the project or facility at any stage of construction to verify that the construction complies with approved plans and specifications. The concessionaire shall provide the Division or its agents access to any construction work in preparation or progress wherever located.

(iii) Regulations: The concessionaire' shall comply with and give notices required by laws, ordinances, rules, regulations and lawful orders of public authorities bearing on performance of any construction work. The Concessionaire is required to procure all permits and licenses, pay all charges, fees and taxes, and give all notices necessary to the due and lawful prosecution of the work.

(iv) Historic Preservation: Concessionaires shall comply with Section 106 of the National Historic Preservation Act (NHPA) and implementing Regulations 36 CFR Part 800.5(b) for any proposed surface disturbance prior to initiation of construction. The approval process and request for technical advice shall be initiated through the Division who will forward to the appropriate federal agency for consultation with the State Historic Preservation Office (SHPO) and the Federal Advisory Council on Historic Preservation if necessary. This is a review and compliance procedure with the purpose of protecting cultural resources and may require a Class III inventory or detailed investigation procedures by authorized archaeologists as approved by the Division. The concessionaire will be required to bear all costs necessary to comply with the National Historic Preservation Act.

(v) Final Inspection: When the project is completed, the Concessionaire must notify the Division and negotiate a final inspection date. The Concessionaire must supply a mylar "as built" plan for the Division files. The Concessionaire shall provide a copy of each Certificate(s) of Occupancy issued by all appropriate regulating agencies upon completion of the project. After inspection and receipt of the Certificate(s) of Occupancy, the Division may authorize occupancy and arrange for release of the performance bond if the construction was completed satisfactorily.

(k) Inspection: The Division will inspect the concession at least once per year to ensure compliance with contract requirements, laws, ordinances, codes, rules, accounting systems, and regulations affecting operations. All of these items will be documented on an evaluation form.

(l) Water, Sewage and Waste System: The Division requires that the concession provide and maintain at their cost all concession water facilities, sewage and waste disposal systems. All of the above utilities must be constructed to standards promulgated by the State of Wyoming and the federal government. Water wells and other water sources must be approved and permitted by the Wyoming State Engineer. Where the Division provides water and or sewer services to an existing concessionaire, a contract shall be established for the fair and equitable payment of these services or the concessionaire should be required to establish their own source of water or sewage treatment.

(m) Compliance with Laws: The concessionaire shall maintain law and order, within the limits of their authority, on the contract area at all times. The Concessionaire and concession personnel shall comply with all State Park rules and regulations.

(n) Subleasing: The Concessionaire may not sublet or assign any portion of the concession without prior written permission from the Department.

(o) American with Disabilities Act (ADA): A concessionaire shall not discriminate against an individual(s) with a disability and shall comply with the American Disabilities Act, P. L. 101-336, 42 U.S.C. 12101, et seq. and/or properly promulgated rules and regulations related there to.

(p) Discrimination: The Concessionaire shall not discriminate because of race, creed, color, sex, handicap, national origin or age.

(q) Records: The Concessionaire shall maintain records that are pertinent to the Concession's financial operations. The Division may make audits or examinations of the Concessionaire's records at the Concessionaire's place of business during regular business hours. The Concessionaire shall be notified in advance of such audits or examinations.

(r) Hours: The Concession facilities shall be open during reasonable hours to provide the services intended.

(s) Cleanliness: The Concessionaire shall keep all facilities and grounds clean at all times with special attention being directed to public restrooms, potable water and areas where food is served, prepared or stored.

(t) Waste Disposal: The concessionaire shall provide sufficient trash containers and shall empty them at regular intervals. The contracted area shall present a neat, clean and orderly appearance at all times. The Concessionaire shall dispose of all trash in an appropriate refuse depository approved by the Department of Environmental Quality.

(u) Types of Activities:

(i) The concessionaire shall conduct only those enterprises that have been approved by the Division and are permitted by the contract agreement.

(ii) The Concessionaire shall not incur any obligation on behalf of the Division.

(iii) All improvements, constructed by the Division on concession leased property, shall be open to the public and the Concessionaire shall not charge for the use thereof. The Concessionaire may charge for additional services, such as boat launching and mooring, in connection with these improvements. Existing public facilities in current contracted areas or in areas to be contracted in the future are covered by this policy.

(v) Fee Waivers: Requests for fee waivers shall be submitted in writing with supporting documentation to the Director. Partial or total fee waivers may be granted by the Commission in cases where such waivers are in the best interest of the Division, park/site, visitors or if conditions beyond the control of the Concessionaire exist which sufficiently reduce gross income to a level that payment of fees would create undue hardship.

(w) Penalty: Violation of these rules and regulations may result in revocation of the concession and contract.

(x) Revenue Reporting Period: Unless so noted within an existing lease, concession fees are based on a calender year with the payment of lease fees and submission of any reports are due by April 15^th of the following year.

Notes

024-4 Wyo. Code R. §§ 4-2