Wyoming Administrative Code
Agency 024 - State Parks and Cultural Resources Department
Sub-Agency 0014 - State Parks Permits and Fees Program
Chapter 4 - General Information Regarding Long-Term Concessions
Section 4-2 - Specific Requirements

Universal Citation: WY Code of Rules 4-2

Current through September 21, 2024

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

(i) A Concessionaire may petition the Division in writing for a contract term in excess of twenty (20) years, except for those concessions located on Reclamation property. Contracts may only exceed twenty (20) years where extenuating circumstances or financial hardship can be satisfactorily documented. The Division staff shall review the petition and make a recommendation to the Commission. The Commission shall review the petition and Division staff recommendation and make a recommendation to the Department Director. The Department Director shall issue a written final decision on the petition.

(b) Contract Fee: The Division shall charge fair and reasonable contract fees based upon a percentage of gross revenue. The Concessionaire shall submit the contract fee to the Division annually by May 1. A penalty fee of five percent (5%) of the annual contract fee shall be assessed for untimely payments or returned checks.

(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 shall make a recommendation to the Commission who in turn will recommend to the Department 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 (5) 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 Concessions Manager, for a modification of the original or revised contract fee. Modifications may only be granted where extenuating circumstances and/or financial hardships are satisfactorily documented. The Division staff shall review the petition and provide a recommendation to the Commission. The Commission shall review the petition and Division staff recommendation and make a recommendation to the Department Director. The Department Director shall issue a written final decision on the petition.

(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 Division staff shall review the petition and make a recommendation to the Commission. The Commission shall review the petition and Division staff recommendation and make a recommendation to the Department Director. The Department Director shall issue a written final decision on the petition.

(d) Annual Reporting: The Concessionaire shall submit a signed and dated financial report, based on a calendar year, to the Division annually by May 1.

(i) At a minimum, the report shall include:
(A) The annual gross revenue received from all concession sales and services, by department/operation;

(B) The annual expenses incurred by all concession sales and services, by department/operation;

(C) The annual net income of all concession sales and services, by department/operation;

(D) A copy of the Concessionaire's sales tax return submitted to the Department of Revenue; and

(E) A copy of the Concessionaire's income tax return filed with the federal government.

(ii) The Concessionaire may submit a written request to the Concessions Manager for an extension of time to submit the financial report. The extension request must be received by the Concessions Manager on or before April 1. Any extension shall be approved in writing by the Division Administrator.

(iii) A penalty fee of five percent (5%) of the annual contract fee shall be assessed for failure to timely submit a financial report.

(iv) If payment is received without the financial report and supporting documents, the Division shall request the information from the Concessionaire in writing by U.S. Postal Service, Certified Mail, Return Receipt Requested. If the information is not received within thirty (30) days of receipt of the certified letter, the Division may, at its discretion, terminate the concession contract.

(v) Non-payment of fees and failure to file required forms in a timely fashion will be cause for termination of the concession contract.

(e) Start-up Period: A new Concessionaire shall have one (1) year from the effective date of the contract to be operational and open for business or be in default of the contract.

(f) Master Development Plan: All Concessionaires shall develop, at their own expense, a Master Development Plan. The Master Development Plan shall be submitted to and approved by the Division and Reclamation, if applicable, within one (1) year of the effective date of the contract.

(i) The Master Development Plan shall be based upon the requirements outlined in the RFP and shall conform to the applicable Park Master Plan.

(ii) Any amendments to the Master Development Plan shall be approved in writing by the Division and Reclamation, if applicable.

(iii) All capital improvements and enhancements shall conform to the approved Master Development Plan.

(iv) The Concessionaire shall comply with the approved Master Development Plan.

(g) Operation and Maintenance Plan: All Concessionaires shall develop, at their own expense, an annual Operation and Maintenance Plan. The Operation and Maintenance Plan shall be submitted to and approved by the Division and Reclamation, if applicable, within one (1) year from the effective date of the contract and then annually by January 1.

(i) Any amendments to the Operation and Maintenance Plan shall be approved in writing by the Division and Reclamation, if applicable.

(ii) All maintenance, renovations and upgrades shall conform to the approved Operation and Maintenance Plan.

(iii) The Concessionaire shall comply with the approved Operation and Maintenance Plan.

(h) Service Guaranty Performance Bond: The Division may require an insurance forfeiture bond to ensure the performance of all contractual requirements that provide 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.

(i) Construction Performance Bond: The Division may require an insurance forfeiture bond to ensure completion of capital construction. The construction performance bond may be for the amount of the value of the facilities that the Concessionaire is to construct under the terms of the contract. The bond will be released when the Division determines there is satisfactory completion of the facilities.

(j) 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. At a minimum, 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; and

(vi) The Department as lessor.

(k) Construction: All capital construction, renovation, or remodeling involving expenditures greater than $2,500 per project or any project that includes ground disturbance shall be made only with prior written approval from the Division, which shall not be unreasonably withheld. This does not include repairs, especially emergency, to existing electrical, plumbing or heating facilities. The Division Administrator shall set forth in writing with particularity the reasons for disapproval.

(i) All construction requests shall include detailed specifications, scaled drawings and elevations, site plans and evaluations of the work to be done in sufficient detail for Division review. A professional stamp of an engineer and/or architect registered in Wyoming may be required under local or state law or by the Division. 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 laws and regulations.

(ii) The Concessionaire shall supervise, direct and be solely responsible for and have control over construction costs, 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.

(iii) 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 in progress wherever located.

(iv) Construction Standards: The Concessionaire shall comply with applicable local, state and federal laws, applicable environmental regulations or rules and building code requirements, including those for accessibility. The Concessionaire shall obtain applicable permits and licenses, pay all charges, fees and taxes, and give all required notices.

(v) Historic Preservation: Concessionaires shall comply with Section 106 of the National Historic Preservation Act 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 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 shall bear all costs necessary to comply with the National Historic Preservation Act.

(vi) Final Inspection: When the project is completed, the Concessionaire shall notify the Division and negotiate a final inspection date. The Concessionaire shall 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.

(l) Inspection: The Division shall inspect the concession at least once per year to ensure compliance with contract requirements, the Department's rules and if applicable, Reclamation's Policies, Directives and Standards. The inspection results shall be documented on the Division's forms.

(m) Water, Sewage and Waste System: The Concessionaire shall provide and maintain at their cost all concession water, sewage and waste disposal systems. All of the above utilities shall be constructed to standards promulgated by the State of Wyoming and the federal government. Water wells and other water sources shall 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 shall be required to establish their own source of water or sewage treatment.

(n) Compliance with Laws: The Concessionaire shall comply with the Department's rules and regulations and all applicable local, state and federal laws and regulations.

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

(p) Records: The Concessionaire shall maintain records that are pertinent to the concession's financial operations including, but not limited to, transaction receipts, sales/use tax reports, income tax filings, balance sheets and income statements. 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.

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

(r) 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.

(s) 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.

(t) 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 State of Wyoming.

(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.

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

Disclaimer: These regulations may not be the most recent version. Wyoming may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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