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:
(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.