[Federal Register Volume 65, Number 36 (Wednesday, February 23, 2000)]
[Notices]
[Pages 9060-9081]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-3510]



[[Page 9059]]

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Part II





Department of the Interior





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National Park Service



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Proposed National Park Service Standard Language Concession Contracts 
and Amended Proposed Environmental Protection Provisions; Notice

  Federal Register / Vol. 65, No. 36 / Wednesday, February 23, 2000 / 
Notices  

[[Page 9060]]


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DEPARTMENT OF THE INTERIOR

National Park Service


Proposed National Park Service Standard Language Concession 
Contracts and Amended Proposed Environmental Protection Provisions

AGENCY: National Park Service, Interior.

ACTION: Solicitation of public comments on exhibits to proposed NPS 
standard language concession contracts and amended proposed 
environmental protection provisions.

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SUMMARY: On September 3, 1999, the National Park Service (NPS) 
published in the Federal Register for public comment a proposed new 
standard language concession contract. Concession contracts are the 
means by which NPS generally authorizes private businesses to provide 
services to visitors to areas of the national park system. A new 
standard language concession contract is needed as a result of the 
passage of Public Law 105-391 which established new policies and 
procedures for NPS concession contracts. On December 22, 1999, NPS 
published for public comment in the Federal Register proposed new short 
form concession contracts. This notice publishes for public comment 
proposed Exhibits to the proposed standard concession contracts (as 
applicable). In addition, this notice publishes for public comment 
amended portions of the proposed standard concession contract 
originally published for public comment on September 3, 1999. Final 
standard concession contracts (and final exhibits) will be published in 
the Federal Register after consideration of public comments. NPS 
requests public comments on these matters as a matter of policy. It is 
not legally required to do so.

DATES: NPS will accept written comments on the following subjects on or 
before March 24, 2000.

ADDRESSES: Comments should be addressed to Concession Program Manager, 
National park Service, 1849 ``C'' Street, NW, Washington, DC 20240.

FOR FURTHER INFORMATION CONTACT: Wendelin Mann, Concession Program, 
National park Service, 1849 ``C'' Street, NW, Washington, DC 20240 
(202/565-1219).

SUPPLEMENTARY INFORMATION:  
     A. The proposed exhibits to the standard concession contract are 
as follows:

Exhibit ``A'': Nondiscrimination requirements
Exhibit ``B'': Assigned Land, Real Property Improvements
Exhibit ``C'': Assigned Government Personal Property
Exhibit ``D'': Description of Existing Leasehold Surrender Interest
Exhibit ``E'': Insurance Requirements
Exhibit ``F'': Maintenance Plan
Exhibit ``G'': Operating Plan
Exhibit ``H'': Construction Project Approval Procedures
Exhibit ``X'': Pertinent Leasehold Surrender Interest provisions of 
36 CFR PART 51

1. EXHIBIT ``A''--Nondiscrimination

Section I

Requirements Relating to Employment and Service to the Public
    A. Employment: During the performance of this concession permit the 
Concessioner agrees as follows:
    (1) The Concessioner will not discriminate against any employee or 
applicant for employment because of race, color, religion, sex, age, 
national origin, or disabling condition. The Concessioner will take 
affirmative action to ensure that applicants are employed, and that 
employees are treated during employment, without regard to their race, 
color, religion, sex, age, national origin, or disabling condition. 
Such action shall include, but not be limited to, the following: 
Employment upgrading, demotion, or transfer; recruitment or recruitment 
advertising; layoff or termination; rates of pay or other forms of 
compensation; and selection for training, including apprenticeship. The 
Concessioner agrees to post in conspicuous places, available to 
employees and applicants for employment, notices to be provided by the 
Secretary setting forth the provision of this nondiscrimination clause.
    (2) The Concessioner will, in all solicitations or advertisements 
for employees placed by on behalf of the Concessioner, state that all 
qualified applicants will receive consideration for employment without 
regard to race, color, religion, sex, age, national origin, or 
disabling condition.
    (3) The Concessioner will send to each labor union or 
representative of workers with which the Concessioner has a collective 
bargaining agreement or other contract or understanding, a notice, to 
be provided by the Secretary, advising the labor union or workers' 
representative of the Concessioner's commitments under Section 202 of 
Executive Order No. 11246 of September 24, 1965, as amended by 
Executive Order No. 11375 of October 13, 1967, and shall post copies of 
the notice in conspicuous places available to employees and applicants 
for employment.
    (4) Within 120 days of the commencement of a contract every 
Government contractor or subcontractor holding a contract that 
generates gross receipts which exceed $50,000 and having 50 or more 
employees shall prepare and maintain an affirmative action program at 
each establishment which shall set forth the contractor's policies, 
practices, and procedures in accordance with the affirmative action 
program requirement.
    (5) The Concessioner will comply with all provisions of Executive 
Order No. 11246 of September 24, 1965, as amended by Executive Order 
No. 11375 of October 13, 1967, and of the rules, regulations, and 
relevant orders of the Secretary of Labor.
    (6) The Concessioner will furnish all information and reports 
required by Executive Order No. 11246 of September 24, 1965, as amended 
by Executive Order No. 11375 of October 13, 1967, and by the rules, 
regulations, and orders of the Secretary of Labor, or pursuant thereto, 
and will permit access to the Concessioner's books, records, and 
accounts by the Secretary of the Interior and the Secretary of Labor 
for purposes of investigation to ascertain compliance with such rules, 
regulations, and orders.
    (7) In the event of the Concessioner's noncompliance with the 
nondiscrimination clauses of this concession permit or with any of such 
rules, regulations, or orders, this concession permit may be canceled, 
terminated or suspended in whole or in part and the Concessioner may be 
declared ineligible for further Government concession permits in 
accordance with procedures authorized in Executive Order No. 11246 of 
September 24, 1965, as amended by Executive Order No. 11375 of October 
13, 1967, and such other sanctions may be imposed and remedies invoked 
as provided in Executive Order No. 11246 of September 24, 1965, as 
amended by Executive Order No. 11375 of October 13, 1967, or by rule, 
regulation, or order of the Secretary of Labor, or as otherwise 
provided by law.
    (8) The Concessioner will include the provisions of paragraphs (1) 
through (7) in every subcontract or purchase order unless exempted by 
rules, regulations, or orders of the Secretary of Labor issued pursuant 
to Section 204 of Executive Order No. 11246 of September 24, 1965, as 
amended by Executive Order No. 11375 of October 13, 1967, so that such 
provisions will be binding upon each subcontractor or vendor. The 
Concessioner will take such action with respect to any subcontract or 
purchase order as the Secretary may

[[Page 9061]]

direct as a means of enforcing such provisions, including sanctions for 
noncompliance: Provided, however, that in the event the Concessioner 
becomes involved in, or is threatened with, litigation with a 
subcontractor or vendor as a result of such direction by the Secretary, 
the Concessioner may request the United States to enter into such 
litigation to protect the interests of the United States.
    B. Construction, Repair, and Similar Contracts: The preceding 
provisions A(1) through A(8) governing performance of work under this 
CONTRACT, as set out in Section 202 of Executive Order No. 11246 of 
September 24, 1965, as amended by Executive Order No. 11375 of October 
13, 1967, shall be applicable to this permit, and shall be included in 
all contracts executed by the Concessioner for the performance of 
construction, repair, and similar work contemplated by this permit, and 
for that purpose the term ``permit'' shall be deemed to refer to this 
instrument and to contracts awarded by the Concessioner and the term 
``Concessioner'' shall be deemed to refer to the Concessioner and to 
contractors awarded contacts by the Concessioner.
    C. Facilities: (1) Definitions: As used herein: (i) Concessioner 
shall mean the Concessioner and its employees, agents, lessees, 
sublessees, and contractors, and the successors in interest of the 
Concessioner; (ii) facility shall mean any and all services, 
facilities, privileges, accommodations, or activities available to the 
general public and permitted by this agreement.
    (2) The Concessioner is prohibited from: (i) publicizing facilities 
operated hereunder in any manner that would directly or inferentially 
reflect upon or question the acceptability of any person because of 
race, color, religion, sex, age, national origin, or disabling 
condition; (ii) discriminating by segregation or other means against 
any person.
    Title V, Section 504, of the Rehabilitation Act of 1973, as amended 
in 1978, requires that action be taken to assure that any ``program'' 
or ``service'' being provided to the general public be provided to the 
highest extent reasonably possible to individuals who are mobility 
impaired, hearing impaired, and visually impaired. It does not require 
architectural access to every building or facility, but only that the 
service or program can be provided somewhere in an accessible location. 
It also allows for a wide range of methods and techniques for achieving 
the intent of the law, and calls for consultation with disabled persons 
in determining what is reasonable and feasible.
    No handicapped person shall, because a Concessioner's facilities 
are inaccessible to or unusable by handicapped persons, be denied the 
benefits of, be excluded from participation in, or otherwise be 
subjected to discrimination under any program or activity receiving 
Federal financial assistance or conducted by any Executive agency or by 
the U.S. Postal Service.

Part A

Discrimination Prohibited
    A Concessioner, in providing any aid, benefit, or service, may not 
directly or through contractual, licensing, or other arrangements, on 
the basis of handicap:
    1. Deny a qualified handicapped person the opportunity to 
participate in or benefit from the aid, benefit, or service;
    2. Afford a qualified handicapped person an opportunity to 
participate in or benefit from the aid, benefit, or service that is not 
equal to that afforded others;
    3. Provide a qualified handicapped person with an aid, benefit, or 
service that is not as effective as that provided to others;
    4. Provide different or separate aids, benefits, or services to 
handicapped persons or to any class of handicapped persons unless such 
action is necessary to provide qualified handicapped persons with aid, 
benefits, or services that are as effective as those provided to 
others;
    5. Aid or perpetuate discrimination against a qualified handicapped 
person by providing significant assistance to an agency, organization, 
or person that discriminates on the basis of handicap in providing any 
aid, benefit, or service to beneficiaries of the recipient's program;
    6. Deny a qualified handicapped person the opportunity to 
participate as a member of planning or advisory boards; or
    7. Otherwise limit a qualified handicapped person in the enjoyment 
of any right, privilege, advantage, or opportunity enjoyed by others 
receiving an aid, benefit, or service.

Part B

Existing Facilities
    A Concessioner shall operate each program or activity so that the 
program or activity, when viewed in its entirety, is readily accessible 
to and usable by handicapped persons. This paragraph does not require a 
Concessioner to make each of its existing facilities or every part of a 
facility accessible to and usable by handicapped persons.

2. EXHIBIT ``B''--Land Assigned

    Land is assigned for housekeeping purposes in accordance with the 
boundaries shown on the following map[s]:

Real Property Improvements Assigned

    The following real property improvements are assigned to the 
concessioner for use in conducting its operations under this CONTRACT:
Building Number
Description

Approved, effective __________, 20____
By---------------------------------------------------------------------
Regional Director, __________ Region

3. EXHIBIT ``C''--Assigned Government Personal Property

    Government personal property is assigned to the concessioner for 
the purposes of this CONTRACT as follows:
Property Number
Description of Item

Effective, this ____ day of ________, 20 ____.
By---------------------------------------------------------------------
Regional Director, ________ Region

4. EXHIBIT ``D''--Leasehold Surrender Interest as of the Effective 
Date of this Contract

    Pursuant to Section 9(c)(2), the Concessioner's leasehold surrender 
interest in real property improvements as of the effective date of this 
CONTRACT is as follows:
Building Number
Description
Value
[If there are none, this exhibit should say ``NONE''.]

Exhibit D Approved Effective-------------------------------------------
Concessioner
United States of America
By:--------------------------------------------------------------------
By:--------------------------------------------------------------------
      Director, National Park Service

5. 5. EXHIBIT ``E''

I. Insurance Requirements

    The Concessioner shall obtain and maintain during the entire term 
of this CONTRACT, at its sole cost and expense, the types and amounts 
of insurance coverage necessary to fulfill the obligations of the 
CONTRACT:

I. Liability Insurance

    The following Liability Coverages are to be maintained at a 
minimum, all of which are to be written on an occurrence basis only. 
The Concessioner may attain the limits specified below by means of 
supplementing the respective coverage(s) with Excess or Excess 
``Umbrella'' Liability.

[[Page 9062]]

A. Commercial General Liability
    1. Coverage will be provided for bodily injury, property damage, 
personal or advertising injury liability (and must include Contractual 
Liability and Products/Completed Operations Liability).

Bodily Injury and Property Damage Limit  $
Products/Completed Operations Limit  $
Personal Injury & Advertising Injury Limit  $
General Aggregate  $
Fire Damage Legal Liability ``per fire''  $

    2. The liability coverages may not contain the following 
exclusions/limitations:

a. Athletic or Sports Participants
b. Products/Completed Operations
c. Personal Injury or Advertising Injury exclusion or limitation
d. Contractual Liability limitation
e. Explosion, Collapse and Underground Property Damage exclusion
f. Total Pollution exclusion
g. Watercraft limitations affecting the use of watercraft in the course 
of the concessioner's operations (unless separate Watercraft coverage 
is maintained)

    3. For all lodging facilities and other indoor facilities where 
there may be a large concentration of people, the pollution exclusion 
may be amended so that it does not apply to the smoke, fumes, vapor or 
soot from equipment used to heat the building.
    4. If the policy insures more than one location, the General 
Aggregate limit must be amended to apply separately to each location, 
or, at least, separately to the appropriate NPS location(s).
B. Automobile Liability
    Coverage will be provided for bodily injury or property damage 
arising out of the ownership, maintenance or use of ``any auto,'' 
Symbol 1. (Where there are no owned autos, coverage applicable to 
``hired'' and ``non-owned'' autos, ``Symbols 8 & 9,'' shall be 
maintained.)

Each Accident Limit  $
C. Liquor Liability
    Coverage will be provided for bodily injury or property damage 
including damages for care, loss of services, or loss of support 
arising out of the selling, serving or furnishing of any alcoholic 
beverage.

Each Common Cause Limit  $
Aggregate Limit  $
D. Watercraft Liability (or Protection & Indemnity)
    Coverage will be provided for bodily injury or property damage 
arising out of the use of any watercraft.

Each Occurrence Limit  $
E. Aircraft Liability
    Coverage will be provided for bodily injury or property damage 
arising out of the use of any aircraft.

Each Person Limit  $
Property Damage Limit  $
Each Accident Limit  $
F. Professional Liability/Errors & Omissions Liability (Describe 
Specific Coverage)
    Coverage will apply to damages resulting from the rendering or 
failure to render professional services.

Each Occurrence or Each Claim Limit  $
Aggregate Limit  $
G. Garage Liability
    This coverage is not required, but may be used in place of 
Commercial General Liability and Auto Liability coverages for some 
operations. Coverage will be provided for bodily injury, property 
damage, personal or advertising injury liability arising out of garage 
operations (including products/completed operations and contractual 
liability) as well as bodily injury and property damage arising out of 
the use of automobiles.

Each Accident Limits--Garage Operations
    Auto Only  $
    Other Than Auto Only  $
    Personal Injury & Advertising
    Injury Limit  $
    Fire Damage Legal Liability ``per fire''  $
Aggregate Limit--Garage Operations
    Other Than Auto Only  $

    If owned vehicles are involved, Liability coverage should be 
applicable to ``any auto'' (``Symbol 21'') otherwise, coverage 
applicable to ``hired'' and ``non-owned'' autos (``Symbols 28 & 29'') 
should be maintained.
H. Excess Liability or Excess ``Umbrella'' Liability
    This coverage is not required, but may be used to supplement any of 
the above Liability coverage policies in order to arrive at the 
required minimum limit of liability. If maintained, coverage will be 
provided for bodily injury, property damage, personal or advertising 
injury liability in excess of scheduled underlying insurance. In 
addition, coverage shall be at least as broad as that provided by 
underlying insurance policies and the limits of underlying insurance 
shall be sufficient to prevent any gap between such minimum limits and 
the attachment point of the coverage afforded under the Excess 
Liability or Excess ``Umbrella'' Liability policy.
I. Care, Custody and Control--Legal Liability (Describe Specific 
Coverage)
    Coverage will be provided for damage to property in the care, 
custody or control of the concessioner.

Any One Loss  $
J. Environmental Impairment Liability
    Coverage will be provided for bodily injury, personal injury or 
property damage arising out of pollutants or contaminants (on site and/
or offsite).

Each Occurrence or Each Claim Limit  $
Aggregate Limit  $
K. Special Provisions for Use of Aggregate Policies
    At such time as the aggregate limit of any required policy is (or 
if it appears that it will be) reduced or exhausted, the concessioner 
may be required to reinstate such limit or purchase additional coverage 
limits.
L. Self-Insured Retentions
    Self-insured retentions on any of the above described Liability 
insurance policies (other than Excess ``Umbrella'' Liability, if 
maintained) may not exceed $5,000.
M. Workers Compensation & Employers' Liability
    Coverage will comply with the statutory requirements of the 
state(s) in which the concessioner operates.

II. Property Insurance

A. Building(s) and/or Contents Coverage
    1. Insurance shall cover buildings, structures, improvements & 
betterments and/or contents for all Concession Facilities, as more 
specifically described in Exhibit B of this CONTRACT.
    2. Coverage shall apply on an ``All Risks'' or ``Special Coverage'' 
basis.
    3. The policy shall provide for loss recovery on a Replacement Cost 
basis.
    4. The amount of insurance should represent no less than 90% of the 
Replacement Cost value of the insured property.
    5. The coinsurance provision, if any, shall be waived or suspended 
by an Agreed Amount or Agreed Value clause.
    6. Coverage is to be provided on a blanket basis.
    7. The Vacancy restriction, if any, must be eliminated for property 
that will be vacant beyond any vacancy time period specified in the 
policy.
    8. Flood Coverage shall be maintained with a limit of not less 
than: $

[[Page 9063]]

    9. Earthquake Coverage shall be maintained with a limit of not less 
than: $
    10. Ordinance or Law Coverage shall be maintained with a limit of 
not less than $
B. Boiler & Machinery Coverage
    1. Insurance shall apply to all pressure objects within Concession 
Facilities, as more specifically described in Exhibit B of this 
CONTRACT.
    2. The policy shall provide for loss recovery on a Replacement Cost 
basis.
    3. The amount of insurance should represent no less than 75% of the 
Replacement Cost value of the insured property.
    4. The coinsurance provision, if any, shall be waived or suspended 
by an Agreed Amount or Agreed Value clause.
    5. Coverage is to be provided on a blanket basis.
    6. If insurance is written with a different insurer than the 
Building(s) and Contents insurance, both the Property and Boiler 
insurance policies must be endorsed with a joint loss agreement.
    7. Ordinance or Law Coverage shall be maintained with a limit of 
not less than $
C. Builders Risk Coverage
    1. Insurance shall cover new buildings or structures under 
construction at the Concession Facilities, and include coverage for 
property that has or will become a part of the project while such 
property is at the project site, at temporary off-site storage and 
while in transit. Coverage should also apply to temporary structures 
such as scaffolding and construction forms.
    2. Coverage shall apply on an ``All Risks'' or ``Special Coverage'' 
basis.
    3. The policy shall provide for loss recovery on a Replacement Cost 
basis.
    4. The amount of insurance should represent no less than 90% of the 
Replacement Cost value of the insured property.
    5. The coinsurance provision, if any, shall be waived or suspended 
by an Agreed Amount or Agreed Value clause.
    6. Any occupancy restriction must be eliminated.
    7. Any collapse exclusion must be eliminated.
    8. Any exclusion for loss caused by faulty workmanship must be 
eliminated.
    9. Flood Coverage shall be maintained with a limit of not less 
than: $
    10. Earthquake Coverage shall be maintained with a limit of not 
less than: $
D. Business Interruption and/or Expense
    1. Business Interruption insurance, if maintained by the 
Concessioner, should cover the loss of income and continuation of fixed 
expenses in the event of damage to or loss of Concession Facilities. 
Extra Expense insurance shall cover the extra expenses above normal 
operating expenses to continue operations in the event of damage or 
loss to covered property.
E. Deductibles
    Property Insurance coverages described above may be subject to 
deductibles as follows:
    1. Direct Damage deductibles shall not exceed the lesser of 10% of 
the amount of insurance or $25,000 (except Flood & Earthquake coverage 
may be subject to deductibles not exceeding $50,000).
    2. Extra Expense deductibles (when coverage is not combined with 
Business Interruption) shall not exceed $25,000.
F. Required Clauses
    a. Loss Payable Clause:
    A loss payable clause similar to the following must be added to 
Buildings and/or Contents, Boiler and Machinery, and Builders Risk 
policies:
    ``In accordance with the Concession Contract/Permit No. ____ dated 
__________, between the United States of America and the __________ 
(the Concessioner) payment of insurance proceeds resulting from damage 
or loss of structures insured under this policy is to be disbursed 
directly to the Concessioner without requiring endorsement by the 
United States of America.''

III. Construction Project Insurance

    Concessioners entering into contracts with outside contractors for 
various construction projects, including major renovation projects, 
rehabilitation projects, additions or new buildings/facilities will be 
responsible to ensure that all contractors retained for such work 
maintain an insurance program that adequately covers the construction 
project.
    The insurance maintained by the construction and construction-
related contractors shall comply with the insurance requirements stated 
herein (for Commercial General Liability, Automobile Liability, 
Workers' Compensation and, if professional services are involved, 
Professional Liability). Where appropriate, the interests of the 
Concessioner and the United States shall be covered in the same fashion 
as required in the Commercial Operator Insurance Requirements. The 
amounts/limits of the required coverages shall be determined in 
consultation with the Director taking into consideration the scope and 
size of the project.

IV. Insurance Company Minimum Standards

    All insurance companies providing the above described insurance 
coverages must meet the minimum standards set forth below:
    1. All insurers for all coverages must be rated no lower than A- by 
the most recent edition of Best's Key Rating Guide (Property-Casualty 
edition).
    2. All insurers for all coverages must have a Best's Financial Size 
Category of at least VIII according to the most recent edition of 
Best's Key Rating Guide (Property-Casualty edition).
    3. All insurers must be admitted (licensed) in the state in which 
the concessioner is domiciled.

V. Certificates of Insurance

    All certificates of Insurance required by this CONTRACT shall be 
completed in sufficient detail to allow easy identification of the 
coverages, limits, and coverage amendments that are described above. In 
addition, the insurance companies must be accurately listed along with 
their A.M. Best Identification Number (``AMB#''). The name, address and 
telephone number of the issuing insurance agent or broker must be 
clearly shown on the certificate of insurance as well.
    Due to the space limitations of most standard certificates of 
insurance, it is expected that an addendum will be attached to the 
appropriate certificate(s) in order to provide the space needed to show 
the required information.
    In addition to receiving certificates of insurance, the 
concessioner, upon written request of the Director, shall provide the 
Director with a complete copy of any of the insurance policies (or 
endorsements thereto) required herein to be maintained by the 
concessioner.

VI. Statutory Limits

    In the event that a statutorily required limit exceeds a limit 
required herein, the higher statutorily required limit shall be 
considered the minimum to be maintained.

6. EXHIBIT ``F''

    Exhibit ``F'' is a sample Maintenance Plan. A maintenance plan 
attached to an NPS concession contract delineates, consistent with the 
terms of the main body of the concession contract, the maintenance 
responsibilities of the Concessioner and NPS. There is no prescribed 
``standard'' NPS maintenance plan. An appropriate maintenance plan is 
to be developed by NPS for each

[[Page 9064]]

particular concession contract. The following proposed sample 
maintenance plan, subject to any changes that may be made after 
consideration of public comments, will be included for informational 
purposes only as Exhibit ``F'' of standard language concession 
contracts (where applicable). There is no requirement that any actual 
Exhibit ``F'' to a concession contract adhere to the sample set forth 
below except for the introductory paragraph. Each actual maintenance 
plan will be developed to meet the needs and mandates of the individual 
park area and concession operations. Some sections included in this 
sample plan will not apply to all concessioners, e.g., where the 
concessioner provides no employee housing or is not affected by snow 
removal issues. Additional sections, e.g., hurricane preparedness, may 
be included in actual maintenance plans.

(SAMPLE) MAINTENANCE PLAN

Park Unit Name

Table of Contents

I. Introduction
II. Maintenance of Concessioner Facilities
III. Terms Used in This Agreement
IV. Annual Maintenance Inspections
V. Concessioner's Responsibilities
    A. Facilities Assigned to the Concessioner
    B. Signs
    C. Snow Removal
    D. Litter and Garbage
    E. Grounds and Landscaping
    F. Roads, Trails, Parking Areas, and Walkways
    G. Firewood
    H. Utilities
VI. Service Responsibilities
    A. Facilities Assigned to the Concessioner
    B. Signs
    C. Snow Removal
    D. Litter and Garbage
    E. Grounds and Landscaping
    F. Roads, Trails, Parking Areas, and Walkways
    G. Integrated Pest Management
    H. Utilities

I. Introduction

    This Maintenance Plan between __________ (hereinafter referred 
to as the ``Concessioner'') and (Park Unit Name), National Park 
Service (hereinafter referred to as the ``Service'') shall serve as 
a supplement to Concession Contract CC-xxxxnnnn-yy (hereinafter 
referred to as the ``CONTRACT''). It sets forth the maintenance 
responsibilities of the Concessioner and the Service with regard to 
those lands and facilities within (Park Unit Name) which are 
assigned to the Concessioner for the purposes authorized by the 
CONTRACT.
    In the event of any apparent conflict between the terms of the 
CONTRACT and this Maintenance Plan, the terms of the CONTRACT, 
including its designations and amendments, shall prevail.
    This plan shall remain in effect until superseded or amended. It 
will be reviewed annually by the Superintendent in consultation with 
the Concessioner and revised as determined necessary by the 
Superintendent of (Park Unit Name). Revisions may not be 
inconsistent with the terms and conditions of the main body of this 
CONTRACT.

[From this point on, this document shall be tailored to the 
requirements of each individual park.]

II. Maintenance of Concessioner Facilities

    The Concessioner is required by the terms of the CONTRACT to 
maintain the facilities used in a manner that is considered 
satisfactory by the National Park Service. It is the purpose of this 
Maintenance Plan to help define the necessary maintenance requirements 
and to define the maintenance relationship between the Concessioner and 
the National Park Service. Both the Concessioner and the Service have 
specific responsibilities as outlined in the CONTRACT and this 
document.

III. Terms Used in this Agreement

    ``Concession Facilities'': As defined in the Concession CONTRACT.
    ``Assigned Areas'': Assigned areas are lands within (Park Unit 
Name), as defined by Land Assignment Maps in Exhibit ``B'' to the 
CONTRACT. These lands contain improvements and support facilities used 
by the Concessioner. The Concessioner has specific responsibilities, 
defined below, regarding the condition of these lands, together with 
the facilities, improvements and landscapes on them.
    Land Assignment Maps may also contain comments addressing 
maintenance responsibilities specific to an area.
    ``Exterior'': Exterior refers to structures, foundations, exterior 
walls and surfaces, roofs, porches, stairways, and other structural 
attachments. This includes all equipment, walkways, trails, parking 
lots, and other improvements, as well as the lands, landscapes, and 
utilities within the assigned area of responsibility.
    ``Interior'': Interior refers to the area of structures inside the 
external walls and under the roof, including doors and window frames. 
This also includes all equipment, appurtenances, improvements, and 
utility systems that penetrate the walls, roof, or foundation.
    ``Maintenance'': The preservation and upkeep of real or personal 
property in as nearly as is practicable to the originally constructed 
condition or its subsequently improved condition. Maintenance includes 
operational cyclic repair and rehabilitation of designated areas, 
facilities, infrastructure, equipment, and their component parts--up to 
and including replacement if necessary--to provide a safe, sanitary and 
aesthetically pleasing environment for park visitors and employees.
    ``Operations'': Operations refers to all aspects of activity by the 
Concessioner authorized under the concession CONTRACT. Operations 
include all services provided to the public and all non-public actions 
necessary to support those authorized services.
    ``Repair'': Repair is defined as the act of correcting an 
unsatisfactory physical condition. Replacement is an aspect of repair 
and may be a necessary and/or an economically sound approach to 
repairs. Repair is an aspect of maintenance, and the objective of 
repair is the same as the objective of the general act of maintenance 
as defined above.

IV. Annual Maintenance Inspections

    The Service and Concessioner shall conduct an annual joint 
inspection/review of Concessioner Facilities assigned to the 
Concessioner to determine what maintenance work is necessary, and if 
the facilities comply with applicable state and federal laws, 
regulations, guidelines, rules, codes, and policies. This review shall 
take place on a schedule to be established by the Service in 
consultation with the Concessioner.
    Based upon the annual review, deficiencies noted on periodic 
evaluations (see Operating Plan), and needs identified by concessioner 
staff, the Concessioner shall prepare a list of maintenance needs and 
an annual maintenance program proposal to submit for Service approval 
by December 1 of each year. This program will list specific projects 
and the manner by which the Concessioner intends to execute its 
maintenance responsibilities during the following year.

V. Concessioner's Responsibilities

    The following sections identify the responsibilities of the 
Concessioner.
A. Facilities Assigned to the Concessioner
    The Concessioner shall maintain and repair all Concession 
Facilities assigned to the Concessioner except as noted under ``Service 
Responsibilities.''
    The Concessioner's maintenance responsibilities include, but are 
not limited to:
     Lands, landscaping, and drainage structures;
     All improvements resting on the lands (buildings, 
walkways, trails,

[[Page 9065]]

parking areas, pavement markings, fences, curbing, culverts, etc.);
     Underground storage tanks and associated mitigation if 
needed;
     Intrusion and fire alarm systems; interior and exterior 
lighting systems;
     Fire suppression systems;
     Utility and utility distribution systems;
     Structural elements and surfaces (roofing, flooring, 
windows, doors, porches, etc. including hazard abatement);
     Heating and cooling systems;
     All installed fixtures and miscellaneous equipment.
    The Concessioner will carry out general preventative and cyclic 
maintenance and emergency repair in a timely manner to ensure that all 
Improvements assigned to the Concessioner achieve the basic goals 
described by the Concessioner Review Program and applicable codes and 
guidelines. Maintenance will be carried out as follows:
    1. Codes: The Concessioner shall comply with all applicable 
federal, state, and local codes, including but not limited to, the 
Uniform Building Code, Uniform Federal Accessibility Standards, the 
Uniform Plumbing Code, the National Electric Code, and the National 
Fire Protection Association's (NFPA) Life Safety Codes; unless a 
written exception has been provided by the Superintendent.
    2. Painting: To maintain the appearance of the structures, exterior 
painting shall be performed on a seven year cyclic basis or more often 
if needed to provide adequate protection to the structure. Interior 
painting shall be performed on a five year cyclic schedule or more 
often if needed to maintain a good appearance. The Service must provide 
advance written approval for lengthening intervals or change of paint 
color.
    3. Interior Systems: The Concessioner shall operate, repair, and 
replace lighting, heating, and cooling systems. The Concessioner shall 
clean and inspect all chimneys, fireplaces, stoves, and exhaust ducts 
prior to each operating season. The concessioner shall also provide and 
install any needed winterization covers for chimneys.
    4. Utility Systems: The Concessioner shall operate, repair, and 
replace all interior and exterior utility systems within Concessioner 
land assignments as described on Land Assignment Maps.
    5. Food Service Equipment: All equipment used in food service 
operations, including but not limited to dishwashers, refrigerators, 
freezers, and serving tables, will comply with safety, public health, 
and sanitation codes.
    6. Safety Equipment: The Concessioner will provide and maintain 
safety devices, fire detection and suppression equipment, and such 
additional appurtenances as are necessary for the protection of the 
employees and the public, as well as assigned Concessioner Facilities, 
by complying with all applicable county, state, and federal codes.
    7. Fire Equipment: The Concessioner is responsible for all hose 
boxes, fire hose, standpipes, and extinguishers within its assigned 
area of responsibility, and shall inspect the equipment on a regular 
basis to ensure proper working order and compliance with the NFPA Life 
Safety Code.
    8. Roof Replacement: As roof materials are replaced, type A 
materials will be used to maximize the fire protection provided to 
structures assigned to the Concessioner.
    9. Historic Structures: (Historic Items) Certain Concessioner 
Facilities are listed on, or may be nominated to, the National Register 
of Historic Places and the NPS List of Classified Structures (LCS).
    The Concessioner shall submit plans for all proposed work or 
actions affecting these resources to the Service to ensure compliance 
with laws, policies, and guidelines, including the National Historic 
Preservation Act of 1966, as amended. This applies to any undertaking 
that may affect an historic structure, historic district, cultural 
landscape, archeological site, or historic object or furnishing. The 
Concessioner must document proposed actions using the ``XXX Form'' 
which is available from the park. Service representatives will provide 
guidance to the Concessioner on the preparation of the form if 
requested. The proposed project may be reviewed by the Service cultural 
resources staff at the park and regional level, the State Historic 
Preservation Officer, and the Advisory Council on Historic 
Preservation. Service approval is required prior to undertaking the 
proposed action.
    10. Winter Closures: The Concessioner shall provide winter bracing 
in unoccupied buildings as needed to avoid damage to structures. The 
Concessioner shall install shutters on all windows that are susceptible 
to snow damage. Shutters shall be neatly made and fitted and shall 
match the color of the structure to which they are affixed. Shutters 
for the windows and doors of historic structures shall be installed in 
a manner approved by the Service.
    The Concessioner shall remove snow from roofs when snow 
accumulations threaten to injure persons or damage buildings. The 
Concessioner assumes sole responsibility for actions needed to correct 
damage that results from inadequate preventative measures.
    11. Concessioner Housing: The Concessioner will carry out general 
maintenance and repair of employee housing structures on a timely basis 
to ensure that employee housing are well maintained. The Concessioner 
will inspect and clean heating on a cyclic basis and prior to initial 
occupancy. The Concessioner shall monitor employee housing for 
compliance with fire, health and safety codes and Service policies and 
guidelines.
B. Signs
    The Concessioner will install, maintain, and replace all interior 
and exterior signs relating to its operations and services within the 
assigned areas and directional signs outside assigned areas that relate 
specifically to concession operations. Examples include identifying 
location of facilities, operating services and hours, and the 
Concessioner's rules or policies.
    The Concessioner shall ensure its signs are compatible with Service 
sign standards. Sign size, style, color, and location shall be 
submitted for Service approval prior to installation. No handwritten 
signs shall be permitted within the Concessioner's area of 
responsibility except on a short-term, interim basis.
    The Service may install signs within the areas assigned to the 
Concessioner.
C. Snow Removal
    The Concessioner shall clear ice and snow, and sand all walkways, 
roadways, and parking areas within its assignment zones, as necessary 
to make access reasonably safe for the visiting public, Concessioner 
employees, Service emergency operations, and Concessioner maintenance 
and support operations. The use of chemical or foreign material de-
icers must be pre-approved by the Service.
D. Litter and Garbage
    The Concessioner shall provide an effective system for the 
collection and disposal of garbage and trash within its areas of 
responsibility. The concessioner may engage an independent contractor 
for this activity. The Concessioner shall keep its assigned areas free 
of litter, debris, garbage, and abandoned equipment, vehicles, 
furniture, or fixtures. Refuse shall be stored in receptacles that are 
covered, waterproof, and bear-and vermin-proof.
    These containers will be kept clean, well maintained, and 
serviceable; sites

[[Page 9066]]

will be free of spills, waste, and odors. To prevent pest attraction 
and breeding, all wet garbage from concession operations will be 
adequately bagged and tied or stored in sealed containers. Waste must 
not accumulate in trash containers to the point of overflowing. Trash 
containers shall be conveniently located and in sufficient quantity to 
handle the needs of the area. The Concessioner will place cigarette 
receptacles at heavy use locations within assigned areas.
    In areas where trash/garbage pickup noise may disturb guests, the 
contractor is restricted to pick-ups between 8:00 a.m. and 5:00 p.m.
    Trash and garbage containers should be painted light brown or tan 
to distinguish between Service receptacles which are dark brown. Paint 
color should be approved by the Service prior to application.
    All materials generated as solid waste must be removed from parks 
at the Concessioner's expense and disposed of in an appropriate manner 
in an approved site. Applicable state and/or county codes shall also be 
followed.
E. Grounds and Landscaping
    The Concessioner shall prepare a written landscaping plan for each 
land assignment area and submit it to the Service for approval. The 
plan will include general statements regarding the desired regime 
(manicured, natural, etc.) and condition of the area and sub areas, as 
appropriate. It should include specific information including locations 
and scope of work proposed, safety and resource considerations, debris 
disposal, and proposed use of irrigation systems. The appropriate use 
of native vegetation, need for revegetation/restoration efforts, and 
the potential existence of cultural landscapes should be considered 
during this planning phase.
    The Concessioner shall ensure proper drainage control to protect 
landscapes, native vegetation, structures, facilities, improvements, 
and equipment while maintaining natural drainage patterns to the 
greatest extent possible.
    The Concessioner will remove trees within the Concessioner's 
assigned areas that have been identified by the Service as hazardous. 
Such trees and other trees requiring removal will be approved for 
removal in advance by the Superintendent by means of a written 
authorization that shall serve as a removal permit.
    In cases where grounds and landscaping activities require temporary 
modification or relocation of structures assigned to the Concessioner, 
the Concessioner shall carry out the temporary modification or 
relocations at its expense.
    The Concessioner will remove accumulated debris. The Concessioner 
should use creative methods of recycling natural debris, such as 
chipping woody materials for use as compost, dust control, and/or 
resource mitigation material. The Concessioner will remove slash 
buildup around buildings in its assigned area to reduce fire hazard.
    As facilities are removed or sites become heavily impacted by 
construction activities or overuse, the Concessioner shall prepare and 
implement a site restoration component for its landscaping plan. The 
park's Resources Management Division will provide advice and assistance 
during the preparation of these plans. Written approval from the 
Service is required prior to plan implementation.
F. Roads, Trails, Parking Areas, and Walkways
    The Concessioner shall maintain roads, parking areas, curbing, 
sidewalks, walkways, and trails within its assigned lands in a state of 
good repair and in a manner, which provides reasonable access to the 
general public, persons with physical disabilities, and emergency/
service vehicles. In all assigned areas, the Concessioner shall sweep, 
sign, and paint curbs and striping surfaces on a recurring schedule to 
ensure that public areas are consistently clean and free of litter and 
earthen debris and are well marked. Striping plans must have written 
approval from the Service prior to implementation.
    The Concessioner will control dust within the Concessioner's land 
assignment and dust which results from Concessioner use outside the 
Concessioner's land assignment.
    The Concessioner shall develop an exterior lighting system plan, 
which addresses installation and maintenance of directed lighting 
systems that provide the minimum necessary lighting for night-time 
walking in assigned walkway areas. This lighting system plan shall be 
submitted to the Service for approval.
    The Concessioner shall maintain trails assigned for its use.
G. Firewood
    The Concessioner shall acquire fully-cured firewood from outside 
the park for use in assigned facilities. The Service encourages the use 
of lower emission composite fuels when and wherever possible.
    To minimize hazards associated with fuel wood storage, the 
Concessioner will store wood away from existing structures and will 
comply with instructions provided by the Service's fire management 
staff.
H. Utilities
    Utility systems will not be extended or altered without prior 
written approval of the Superintendent. This does not include routine 
or minor maintenance such as replacement of system components with like 
kind.
    1. Electrical: The Concessioner shall maintain all electrical lines 
and equipment (conduit, fuses, panels, switches, transformers, lines, 
etc.) down line from the meter within all Concessioner land assignments 
and all fixtures (lamps, cords, and equipment) affixed to the secondary 
electrical lines.
    The Concessioner shall repair or replace any electrical system 
damage within assigned areas and damage occurring beyond the 
Concessioner assigned areas which results from negligence of the 
Concessioner and/or its employees while working or operating 
concessioner equipment.
    The Concessioner will ensure that all electrical circuits under its 
control meet or exceed the standards of the National Electric Code.
    2. L.P. Gas Systems: The Concessioner shall repair and maintain, 
according to NFPA codes, all L.P. gas systems in its assigned areas. 
This includes, but is not limited to, tanks, bottles, regulators, and 
piping.
    The Concessioner will conduct and document, semi-annual inspections 
of its gas storage and distribution systems.
    Placement of new or additional tanks must receive prior written 
Service approval. All gas installations must be inspected by an 
independent inspector at the Concessioner's expense.
    3. Water: The Concessioner shall repair and maintain water service 
and building plumbing systems down flow from the meter within the 
Concessioner land assignments or as shown and/or described on Land 
Assignment Maps. The Concessioner shall repair or replace any damaged 
portions of the water system within assigned areas and damage occurring 
beyond the Concessioner assigned areas which results from negligence of 
the Concessioner and/or its employees while working or operating 
concessioner equipment. The Concessioner shall also maintain all 
fixtures attached to the water system within all buildings and 
structures.
    The Concessioner shall implement water conservation measures as 
needs arise. As replacement of fixtures is needed, the Concessioner 
shall obtain and install low-flow and water conserving fixtures.

[[Page 9067]]

    The Concessioner shall implement a cross-connection control program 
in accordance with the most current version of the (Park Unit Name) 
Water System Cross-Connection Control Regulations.
    The Concessioner will provide for the daily monitoring and periodic 
sampling of water systems at its camps.
    4. Sewage: The Concessioner shall repair and maintain all sewage 
lines, connections, disposal systems, and appurtenances within the 
Concessioner land assignment to the sewer collection main or as shown 
and/or described on Land Assignment Maps. The Concessioner shall repair 
or replace any damage to the sewage disposal system within assigned 
areas and damage occurring beyond the Concessioner assigned areas which 
results from negligence of the Concessioner and/or its employees while 
working or operating concessioner equipment.
    The Concessioner shall maintain, repair, and replace fixtures 
attached to the sewage disposal system (including sinks, toilets, 
urinals, and dish washing equipment).
    The Concessioner shall install and maintain grease traps as 
necessary to assure that grease does not flow into wastewater systems. 
The Service will bill the Concessioner to recoup costs for clearing or 
replacing clogged sewer lines and cleaning lift station wet wells due 
to heavy grease accumulation when directly related to the 
Concessioner's operations.
    The Concessioner shall provide chemical toilets at designated areas 
associated with their operations, e.g., golf courses, stables, and raft 
takeout. The Concessioner will also provide for the proper operation 
and maintenance of composting toilets associated with its operations.
    5. Telephone Service: The Concessioner shall contract directly with 
commercial telephone operators for phone service to its assigned 
facilities. Agreements with commercial providers shall be in accordance 
with guidelines provided by the National Park Service. The Concessioner 
shall be responsible for all on premise equipment and wiring.
    6. Seasonal Operations: The Concessioner will drain all water and 
sewer lines that are defined above as the responsibility of the 
Concessioner and take all necessary steps to prevent damage from 
freezing.
    The Concessioner will charge and test all water and sewer lines for 
leaks prior to opening.
    The Concessioner shall comply with the Service's annual guidelines 
when reopening and repairing drinking water distribution systems.
    7. Fuel Storage Tanks and Pumps: The Concessioner shall maintain in 
a serviceable condition all fuel dispensing equipment (including 
nozzles, regulators, shut-offs, pumps, pump housing and related 
appurtenances). The Concessioner shall also be responsible for 
installation, maintenance or replacement of fuel storage tanks and 
underground pumps, pipes, etc. to the dispensing apparatus, and shall 
be responsible from the installation and maintenance of protection 
barriers to protect the dispensing equipment. All maintenance, repairs, 
remodeling, upgrading and fuel spill mitigation shall be consistent 
with applicable Federal, state and local regulations and codes. The 
Concessioner shall notify the park's Communication Center immediately 
upon the event of a hazardous material or fuel spill.

VI. Service Responsibilities

    During the execution of any Service responsibilities indicated 
below, should the Service disrupt areas or lands within the 
Concessioner's assigned lands, the Service shall provide mitigative 
signing, barriers, and revegetative efforts as are needed.
    The Service will interface with the Concessioner's maintenance 
program by executing the following responsibilities. All obligations of 
the Service are subject to the availability of appropriated funds.
A. Facilities Assigned to the Concessioner
    The Service will not maintain Concession Facilities assigned to the 
Concessioner. The Service will provide staff review of Concessioner 
plans and proposals, inspection and evaluation of Concessioner 
processes and programs, and technical advice and assistance when 
requested and as resources allow.
B. Signs
    The Service will install, maintain, and replace all regulatory 
signs. The Service will provide direction and assistance to the 
Concessioner during the design and installation of all approved 
signing.
    If requested, and subject to the availability of resources, the 
Service may on a reimbursable basis construct, maintain, and/or install 
signs for which the Concessioner is responsible. All requests for such 
service must be approved by the Chief, Facility Management, or his/her 
designated representative.
C. Snow Removal
(This paragraph should mesh with the Concessioner snow paragraph. Also, 
if snow removal is being provided to the Concessioner by NPS, 
provisions must be made as to price and availability.)
    The Service will hold (usually in the fall) an annual meeting to 
develop a snow removal plan and priority schedule for Service plowing 
operations; a representative of the Concessioner may attend.
D. Litter and Garbage
(This paragraph should be aligned with the related concessioner 
paragraph.)
    If requested and subject to the availability of funds, the Service 
may on a reimbursable basis provide garbage pick-up and disposal, bear-
proof dumpsters, and maintenance and repair of those dumpsters within 
the Concessioner's assigned areas. All requests for such service must 
be approved by the Chief, Facility Management or his/her designated 
representative.
    The Service will provide direction and guidance to the Concessioner 
regarding procedures and methods for keeping Concessioner refuse away 
from Park wildlife.
E. Grounds and Landscaping
    The Service will identify and periodically monitor hazardous trees 
in the Park. The Service will review the Concessioner's Landscaping 
Plans, provide standards as needed, review and approve (if appropriate) 
proposed work, and monitor Concessioner projects.
    The Service may make available to the Concessioner, when no cost to 
the Service is incurred, designated sites where limbs and other legally 
burnable forest debris may be transported for disposal.
F. Roads, Trails, Parking Areas, and Walkways
    The Service will be responsible for appropriate maintenance of all 
roads, parking areas, curbing, sidewalks, walkways, and trails in the 
Park, except those within the Concessioner's area of responsibility as 
shown on the Land Assignment Maps. The Service will review the 
Concessioner's maintenance plans, provide standards as needed, review 
and approve proposed work where appropriate, and monitor Concessioner 
projects. Use of assigned trails by the Concessioner is subject to 
specific terms and conditions as may be developed by the Superintendent 
for mitigation of impacts by the Concessioner resulting from the 
Concessioner use.

[[Page 9068]]

G. Integrated Pest Management
    The control of pests by chemical and other means is subject to park 
approval. Procedures are outlined in the Park's Integrated Pest 
Management Plan. Specific problems can be referred to the park's 
Integrated Pest Management Coordinator.

H. Utilities
    1. Electrical: Where currently provided or where duplicate efforts 
exist, the Service will offer electrical service to the Concessioner at 
rates established by the Service. The Service will allow commercial 
electrical service to be available at all locations assigned to the 
Concessioner where the provision of electrical service is indicated in 
General Management Planning documents.
    2. Water: The Service shall supply potable water to all Concession 
assigned areas to the extent possible using existing water systems at 
rates to be established by the Service. The Service will charge a fee 
to be determined annually.
    The Service will provide bacteriological monitoring and chemical 
analysis of potable water as required by applicable law or policy. In 
the case of the required water monitoring by the Concessioner, the 
Service will provide training and review the Concessioner's daily 
monitoring procedures. The Service will also process water samples 
taken by the Concessioner at its monitored areas.
    The Service will furnish water service, connections, meters, and 
shut-off valves. All piping and appurtenances down flow from the meter 
or as shown and/or described on Land Assignment Maps shall be the 
responsibility of the Concessioner to operate, repair, and maintain.
    3. Sewage: The Service shall provide waste water treatment and 
collection services to all Concession assigned areas or as described 
and/or marked on Land Assignment Maps. The Service will charge a fee to 
be determined annually.
    The Service shall assume responsibility for waste water collection 
at the sewer main where major points of collection occur and operate 
and maintain lift stations and wastewater treatment facilities 
including the pumping of sealed vaults within lands assigned to the 
Concessioner.
    The Service will provide advice and technical expertise, as 
available, to the Concessioner regarding the operation and the 
maintenance of composting toilets.

National Park Service

----------------------------------------------------------------------
Superintendent
Date: ____________

6. EXHIBIT ``G''

    Exhibit ``G'' is a sample Operating Plan. An operating plan 
attached to an NPS concession contract describes specific operational 
responsibilities of the Concessioner and NPS. There is no prescribed 
``standard'' NPS operating plan (except for the introductory paragraph 
of this sample plan). An appropriate operating plan is to be developed 
by NPS for each particular concession contract. The following proposed 
sample operating plan, subject to any changes that may be made after 
consideration of public comments, will be included for informational 
purposes only as Exhibit ``G'' of standard language concession 
contracts (where applicable). There is no requirement that any actual 
operating plan follow this sample except for its introductory 
paragraph. Each actual operating plan will be developed to meet the 
needs and mandates of the individual park area and concession 
operations. Some sections included in this sample plan will not apply 
to all concession contracts, e.g., where the concessioner provides no 
lodging or food service. Appropriate additional sections may be 
included in actual operating plans.

(Sample) Operating Plan

Park Unit Name

Table of Contents
I. Introduction
II. Management, Organization and Responsibilities
    A. Concessioner
    B. Area
III. Concession Operations
    A. Operational Evaluations
    B. Rates
    C. Schedule of Operation
    D. Staffing and Employment
    1. Concessioner Hiring
    2. Employee/Staffing Practices
    3. Service Employees and Families
    4. Training Program
IV. Scope and Quality of Service
    A. Overnight Accommodations
    1. General
    2. Television
    3. Telephone Services
    4. Lodging Reservations/Deposits/Refunds
    5. Conventions, Group Meetings, and Special Events
    B. Food and Beverage Service
    C. Alcoholic Beverage Sales
    D. Merchandising
    1. General
    2. Gifts and Souvenirs
    3. Sporting Goods and Clothing
    4. Firewood
    E. Interpretive Services
    1. General
    2. Guided Bus Tours
    3. Non-Personal Interpretive Services
    4. Interpretive Assistance
    F. Ski Touring Operations
    G. Automobile Service Stations
    H. Showers and Laundry Facilities
    I. Vending
V. Reports
    A. Concessioner
    1. Management Information System
    2. Utility Pass-Through Revenues
    3. Incident Reports
    4. Human Illness Reporting
    5. Other Reports Required by the CONTRACT
    B. Service
    1. Annual Review of Utility Rates
    2. Annual Utility Pass-Through Reconciliation
VI. Sanitation
VII. Loss Control (Risk Management) Program
VIII. Lost and Found Policy
IX. Integrated Pest Management
X. Complaints
XI. Advertisements/Public Information
XII. Protection and Security
    A. Visitor Protection
    B. Fire Protection
    C. Emergency Medical Care
    D. Concessioner Security Personnel
    E. Alarm Systems
XIII. Recycling and Conservation
    A. Source Reduction
    B. Recycling and Beverage Container Programs
    C. Water and Energy Conservation
XIV. Volunteers in the Park (VIP)
XV. Smoking in Public Buildings
XVI. Quiet Hours

I. Introduction

    This Operating Plan between __________ (hereinafter referred to as 
the ``Concessioner'') and (Park Unit Name) (hereinafter referred to as 
the ``Service'') shall serve as a supplement to Concession Contract CC-
xxxxnnnn-yy (hereinafter referred to as the ``CONTRACT''). It describes 
specific operating responsibilities of the Concessioner and the Service 
with regard to those lands and facilities within (Park Unit Name) which 
are assigned to the Concessioner for the purposes authorized by the 
CONTRACT.
    In the event of any conflict between the terms of the CONTRACT and 
this Operating Plan, the terms of the CONTRACT, including its 
designations and amendments, shall prevail.
    This plan will be reviewed annually by the Superintendent in 
consultation with the Concessioner and revised as determined necessary 
by the Superintendent of (Park Unit Name).
    Any revisions shall be consistent with the main body of this 
CONTRACT.

[From this point on, this document needs to be tailored to the 
requirements of each individual park.]

[[Page 9069]]

II. Management, Organization and Responsibilities

A. Concessioner
    1. The Concessioner will direct this concession operation. The 
Concessioner shall employ an on-site manager, who carries out the 
policies and directives of the Service as well as those of the 
Concessioner in the operation of the authorized concessions facilities 
and services in (Park Unit Name). To achieve an effective working 
relationship between the Concessioner and the Service, the Concessioner 
shall designate one representative who has full authority to act as a 
liaison in all concession matters within (Park Unit Name).
    2. The on-site manager will employ a staff with the expertise to 
operate all services authorized under the concession CONTRACT.
    3. The on-site manager will furnish the Service with an initial 
list identifying key concession management and supervisory personnel 
and their job titles, with updates as changes occur.
B. Area
    1. The Superintendent manages the total park operation, including 
concession operations. The Superintendent carries out the policies and 
directives of the Service, including oversight of concession contracts. 
Through staff representatives, the Superintendent reviews, supervises, 
and coordinates concession activities within (Park Unit Name).
    Monitoring concession contract compliance includes evaluating all 
concession operations and services, and reviewing and authorizing all 
rates, improvements to facilities, and construction.
    2. The Assistant Superintendent supervises and manages the 
functions of all divisions, as they relate to the overall park 
operation. This position has delegated authority and assists the 
Superintendent by making recommendations on all aspects of park 
management and serves as Acting Superintendent during the absence of 
the Superintendent.
    3. The Management Assistant is responsible for coordinating 
planning and development activities, overseeing environmental 
compliance, and supervising the concession management activities within 
the park.
    4. The Concessions Management Division coordinates the functions of 
other Service divisions relating to concession operations. The Chief 
makes recommendations on all aspects of the concessioner's operation to 
the Superintendent. He/she ensures that necessary evaluations and 
inspections are performed, including those required by the United 
States Public Health Service (USPHS), Park Safety Officer (including 
fire inspections), along with periodic evaluations required under the 
NPS Concessioner Review Program. The Chief ensures all concessioner 
rates are approved based upon current comparability studies or 
applicable guidelines. He/she has authority from the Superintendent to 
make field decisions pertaining to the concessions operation, and acts 
as liaison between the Concessioner and Superintendent.
    Concessions Management Specialist(s) review and coordinate the 
Concessioner's day-to-day activities; operational and maintenance 
activities; rate, service, and schedule changes; equal employment 
opportunity and affirmative action plans; advertisements; construction 
proposals; annual financial reports; insurance coverage; and any other 
contract requirements.
    5. The Park Safety Officer monitors the Concessioner's Loss Control 
program to ensure it meets all applicable standards.
    6. The Park Sanitarian monitors food and beverage services, grocery 
stores, solid waste disposal, water, and waste water systems to ensure 
adherence to all applicable public health standards.
    7. The Chief Ranger initiates, reviews, supervises, and coordinates 
the activities of personnel who provide visitor services and protection 
functions. District and Subdistrict Rangers, the Fire Management 
Officer, and the Chief Law Enforcement Specialist serve as the direct 
line of communication to the Concessioner on matters related to fire 
management, law enforcement, safety, prescribed fire, search and 
rescue, emergency medical services and resource protection. District 
and subdistrict rangers may assist with concession operational 
evaluations, PHS evaluations and critical item follow-up inspections.
    8. The Chief of Interpretation acts on behalf of the Superintendent 
in matters pertaining to interpretation, environmental education, 
museum services, and public information. The Interpretive Division will 
work with the Concessions Management Division to evaluate/monitor 
concession interpretive activities.
    a. District Interpreters provide interpretive programs for the 
visiting public and serve as the direct line of communication to the 
Concessioner about interpretive matters, including concession staff 
training.
    b. The Public Information Officer coordinates media relations and 
activities directly with the Concessioner. This office also prepares 
the Parks' newspaper, the Sequoia Bark.
    c. The Parks Cultural Resources Specialist serves as the direct 
line of communication to the Concessioner about the care, treatment, 
and preservation of the historic structures assigned to the 
Concessioner.
    9. The Chief of Maintenance acts on behalf of the Superintendent in 
matters pertaining to maintenance and supervises the activities of 
Facility Managers, the Park Sanitarian, and Park Communications Center.
    a. The Facility Managers, District Maintenance Supervisors and 
their staff provide day-to-day supervision of all maintenance 
activities and operations, including utilities, in their districts. 
They serve as the direct line of communications to the Concessioner on 
routine maintenance matters.
    b. The Exhibits Specialist provides technical advice and assistance 
to the Concessioner on all matters concerning maintenance to historic 
structures.
    10. The Chief of Resources Management acts on behalf of the 
Superintendent in all matters pertaining to natural resources 
management such as air quality monitoring, vegetation management, fish 
and wildlife management, and hazard tree mitigation.
    11. The Administrative Officer acts on behalf of the Superintendent 
in matters related to fiscal management associated with the concession 
activities, including billing for payment of franchise fees, utilities, 
lease fees, quarters rental, and personal services provided by the 
Service to the Concessioner.

III. Concession Operations

A. Operational Evaluations
    1. The Service and the Concessioner shall inspect and monitor 
concession facilities and services. The Service will evaluate all 
services and facilities operated by the Concessioner to ensure public 
safety and health, identify maintenance and operating deficiencies, and 
ensure satisfactory services and accommodations for the general public 
within assigned areas of responsibility .
    2. The Superintendent's representative(s), normally the Concessions 
Management Specialists, will conduct periodic inspections of 
concessioner facilities and services to ensure conformance to 
operational standards established by the Concessioner Review Program. 
Location managers will be contacted at the time of evaluations so that 
a representative of the Concessioner can accompany the Service 
evaluator.
    3. The Park's Safety Officer will conduct at least one annual

[[Page 9070]]

comprehensive safety and occupational health evaluation.
    4. The Park Sanitarian shall conduct periodic food service 
evaluations; inspections may be conducted without prior notice. The 
Concessioner will maintain and follow a formal, written food service 
sanitation self-inspection program. The Service will help develop and 
update the program as necessary.
    5. The Concessioner is responsible for developing and following a 
comprehensive safety program. The service will make unannounced 
inspections and evaluations of the safety program on a random basis.
    6. The Concessioner will perform annual interior and exterior fire 
and safety inspections of all concession buildings. Written records, 
verifying the completion of such inspections, will be maintained by the 
Concessioner and available to the Service upon request.
    7. The Service reserves the right, in accordance with the 
Concession CONTRACT, to enter the Concessioner's facilities at any 
reasonable time for inspections or when otherwise deemed necessary.
    8. The Concessioner must be responsive to dates assigned for 
correction of deficiencies and abatement plans for correction of 
identified deficiencies. The Concessioner will meet with Service 
officials to schedule and prioritize correction of deficiencies and 
improvement programs resulting from these inspections.
B. Rates
    The Concessioner shall provide its visitor services at rates 
approved by NPS.
C. Schedule of Operation
    The Concessioner will provide authorized services for (Park Unit 
Name) visitors on a year-round basis; some facilities close seasonally 
or provide limited services. The Concessioner will annually submit a 
written schedule of proposed opening and closing dates and operating 
hours for all concession facilities for the Superintendent's approval 
prior to implementation. The Service will give reasonable notice of any 
schedule changes that it may initiate. Weather and visitation may cause 
specific dates of operating seasons to fluctuate; these dates, however, 
will be agreed upon and approved by the Service.
D. Staffing and Employment
    1. Concessioner Hiring:
    a. The Concessioner will hire a sufficient number of employees to 
ensure satisfactory services during shoulder as well as peak visitor 
seasons.
    b. The Concessioner will attempt to offer its employees a full 
workweek whenever possible. Prior to employment, the Concessioner will 
inform employees of the possibility that less-than-full-time employment 
may occur during slow periods.
    c. The Concessioner will establish hiring policies that include 
appropriate background reviews of applicants for employment. The 
Concessioner will establish employment standards to ensure that guest 
safety and security is maintained and that sensitive positions, such as 
those with access to guest room keys, are identified.
    d. Drivers of delivery trucks or passenger carrying vehicles shall 
have a valid operator's license for the size and class of vehicle being 
driven. They shall also meet any additional State requirements 
established for the vehicle driven or passengers carried.
    2. Employee/Staffing Practices:
    a. All employees dealing with the public shall wear uniforms or 
standardized clothing with personal nametag. Employees will project a 
hospitable, friendly, helpful, positive attitude, be capable of and 
willing to answer visitors' questions, and provide visitor assistance. 
The Concessioner shall take appropriate steps to enforce these rules.
    b. The Concessioner shall have an affirmative action plan, as 
required by law, and shall post the plan in the office and work area.
    3. Service Employees and Families:
    The Concessioner shall not employ in any status a Service employee, 
his/her spouse, or minor children of Service employees without the 
Superintendent's approval. Service employees must submit a written 
request for approval to the Superintendent. The Concessioner shall not 
employ in any status the spouse or children of the Superintendent, 
Assistant Superintendent, Chief of Concessions Management, Concessions 
Management Specialists, Safety Officer, or Public Health Sanitarian.
    4. Training Program:
    a. The Concessioner will provide employee orientation and training 
and will inform employees of park regulations and requirements that 
affect their employment and activities while residing and working in 
(Park Unit Name). A Service representative may participate in scheduled 
orientation sessions.
    b. The Concessioner will provide appropriate job training to each 
employee prior to duty assignments and working with the public.
    c. The Service will provide orientation(s) to the Concessioner 
Review Program and other NPS Concession Programs, emphasizing the 
operational review program, to managers on an annual basis.
    d. The Concessioner will provide hospitality training for employees 
who have direct visitor contact and/or who provide visitor information.
    e. The Concessioner will design and provide interpretive training 
for all employees who provide interpretive and/or informational 
services. The Service will work closely with the Concessioner to refine 
the methods of preparing and conducting effective interpretive 
programs. The Service will evaluate interpretive visitor services to 
ensure appropriateness, accuracy, and the relationship of interpretive 
presentations to primary parkwide interpretive themes.

IV. Scope and Quality of Service

    Note to preparer: This section of the sample operating plan 
includes only a portion of the potential services that a 
concessioner might provide. Some of these sample sections may not 
apply to one concessioner. Other services for which sections might 
be developed include, for example:

 Horse operations
 Guided ski touring, hiking or technical climbing
 Sleigh rides
 Wagon rides
 Bus tours
 Cookouts
 Snowmobile operations
 Pack trips
 Hunting guide services
 Canoe or kayak livery
 Etc.

    All vehicular equipment used by the Concessioner will be properly 
licensed and maintained in a safe operating condition. Federal and 
state requirements must be adhered to. The Concessioner will park such 
equipment, when not in use, in an orderly fashion in an area approved 
by the Service.
A. Overnight Accommodations
    1. General: Total pillow count will not exceed the pillow 
limitation set forth in the General Management Plan and applicable 
development concept plans for this park area.
    The Concessioner will provide clean, well maintained overnight 
accommodations. Furnishings, bedspreads, pictures, draperies, etc. will 
retain a national park theme, with sensitivity to the history and 
resources of the park area. The Concessioner and Service will 
coordinate improvements to rooms and furnishings. The Concessioner must 
have prior written approval from the Superintendent

[[Page 9071]]

before implementation of any new improvements.
    2. Television: Television will not be included as a part of 
furnishings in designated park lodging rooms.
    3. Telephone Services: Telephone services shall provide public 
access to long distance services in accordance with ``The Telephone 
Operator Consumer Service Act.'' Charges to guests will not exceed the 
FCC approved AT&T tariff time-of-day and day-of-week, public switched-
message rates.
    4. Lodging Reservations/Deposits/Refunds:
    a. The Concessioner will adequately staff the Reservations Office 
to meet the need during peak periods.
    b. The Concessioner will accept reservations up to one year and one 
day in advance. A deposit may be required to hold a reservation. The 
deposit requirement and refund policy is part of the rate approval 
process. Any deposit may be paid by cash, check, money order, or major 
credit cards, including the type of credit cards issued to government 
employees.
    c. If cancellation is made 72 or more hours in advance of 
reservation, the deposit will be refunded in full. If the cancellation 
is made less than 72 hours in advance, the deposit is forfeited unless 
the rooms are filled. Rates confirmed by the Concessioner shall be 
honored at the time of stay. Refunds will be processed within one month 
of cancellation.
    5. Conventions, Group Meetings, and Special Events:
    a. The Concessioner shall limit convention and group meeting use of 
its facilities to the off-season period(s) and then only to fill 
accommodations which would otherwise be vacant. Facilities may not be 
set aside for exclusive use by special groups if they will interfere 
with the general public's use and enjoyment of the area or facility.
    b. Where occupancies are low, the Concessioner is encouraged to 
schedule special events that relate closely to park themes.
B. Food and Beverage Service
    1. All menus will maintain a price range that accommodates the 
general range of park visitors.
    2. The Concessioner will offer a range of food service providing 
for a wide variety of visitors, i.e., deli, fast food operation, 
cafeteria, and full service restaurants in the lodging facilities. Food 
service operations will offer variety at each location, including 
vegetarian entrees, light eater's portions, and children's menus. Taken 
all together, price ranges will accommodate the general range of Park 
visitors.
C. Alcoholic Beverage Sales
    1. The Concessioner will comply with applicable State laws and 
regulations, which will be enforced by the Service.
    2. Alcoholic beverage service will be available to the public with 
meal service (bona fide eating place) and at designated lounges. 
Alcoholic beverage sales will be available to the public at specific 
merchandising outlets. No promotional activities will center on 
alcoholic beverages (i.e., happy hours, two-for-one sales, etc.)
D. Merchandising
    1. General: Guidelines regarding merchandise sales operations are 
included in the Concession CONTRACT.
    2. Gifts and Souvenirs: A ``Gift Mission Statement'' for (Park Unit 
Name) is provided as Attachment 1 to this Operating Plan. The Gift 
Mission Statement connects primary parkwide interpretive themes with 
gifts and souvenirs chosen for sale in park gift shops.
    In (Park Unit Name), gift and souvenir sales will conform to Gift 
Mission Statement including the following guidelines:
    a. A broad range of gifts and souvenirs will provide visitors with 
opportunities to buy inexpensive as well as fine art items.
    b. Handicraft items representing park and regional themes, 
including crafts by local and Indian artists, will be actively sought 
and prominently displayed.
    c. Gift shops will offer items having a direct relationship to 
(Park Unit Name), its environs, its history, or other related 
environmental or cultural topics. This will provide visitors with 
opportunities to buy memorabilia of their park visit while at the same 
time obtaining information or educational messages related to the 
park's resources. Where possible and appropriate, informative tags will 
be attached to the sales item to show their relationship to park 
themes. Items of park interpretive value and general value in 
environmental and cultural education will be prominently displayed.
    d. Gifts and souvenir items which are commonly found outside the 
park and which do not relate to identified primary parkwide 
interpretive themes will not be restocked. Existing stocks may be sold 
until depleted.
    3. Sporting Goods and Clothing: The Concessioner shall carry a 
selection of clothing and sporting goods to meet the needs of visitors 
who may have forgotten items or need emergency replacements. The intent 
of this visitor service is to provide a narrow selection of items which 
nonetheless represents a range of price and quality levels.
    4. Firewood: The Concessioner shall acquire fully-cured firewood 
from outside the park for sale in its facilities. The Service 
encourages the use of lower emission composite fuels when and wherever 
possible.
E. Interpretive Services
    1. General: The Concessioner shall submit to the Service a written 
plan for its interpretive program which outlines, for both non-personal 
and personal services, a basic description of topics to be covered, 
bibliography of resource materials being used, and the scope of 
employee training.
    2. Guided Bus Tours:
    a. The Concessioner will provide guided bus tours using vehicles 
provided by the Concessioner.
    b. The Concessioner will provide a sufficient number of trained, 
courteous drivers and support staff to meet the operating schedule. 
Personnel will wear appropriate uniforms.
    c. The Concessioner will adequately train staff members in safe 
operating procedures and interpretive techniques. The Concessioner will 
provide and be evaluated upon thematic interpretation. Employees will 
demonstrate their knowledge of (Park Unit Name), Service goals, and 
appropriate interpretive techniques in their programs.
    3. Non-Personal Interpretive Services:
    a. In addition to personal interpretation, the Concessioner will 
actively pursue a non-personal interpretive program. At food service 
facilities, interpretive messages will be included on menus, placentas, 
paper cups, tent-cards, etc. The Concessioner will explore a wide array 
of avenues for conveying interpretive messages to visitors on park-
related themes and topics such as resource protection, appreciation of 
park values, and Service goals.
    b. Primary parkwide interpretive themes will carry over to 
merchandise sold in retail outlets.
    4. Interpretive Assistance: The Division of Interpretation is 
available to advise/assist the Concessioner in the development of an 
interpretive program which encompasses all of these efforts.
F. Ski Touring Operations
    1. Equipment will comply with standards expressed by the American 
Standard Testing and Materials (ASTM); employees will receive proper 
training to work with equipment according to the manufacturer's 
specifications and ASTM.

[[Page 9072]]

    2. Snowshoe and Nordic ski equipment rentals will be available when 
snow conditions permit. The Concessioner shall maintain an adequate 
supply of quality rental equipment in a wide variety of sizes to meet 
visitor needs. Staff shall possess the expertise needed to properly fit 
the equipment to the visitor's needs and abilities.
    3. Ski Trail Grooming: The Concessioner is authorized to groom loop 
trails using mechanical grooming equipment. Machine grooming will not 
occur until average snow depth exceeds 24 inches. Machines will not 
cross open streams unless snow bridges can be constructed from 
available snowpack. With specific permission from the District Ranger, 
a snowmobile may be used for grooming trails in less than 24 inches of 
snow if this does not result in any disturbance of vegetation or soils.
G. Automobile Service Stations
    1. Service stations will be full service facilities. Full service 
includes fuel pumped by an attendant, windows washed, oil and other 
fluid levels checked. Tire pressure will be checked on request.
    2. Stations will be equipped and supplied with sufficient parts to 
enable them to make emergency vehicle repairs. Stations will be 
equipped and supplied or have access to supplies (such as replacement 
fan belts) to enable visitors to make minor repairs. There will be a 
mechanic on call during regular business hours. Diesel fuel, in 
addition to unleaded gasoline, will be available.
    3. Emergency after-hours gasoline purchases will be available at 
the Service-approved call-out rate. When towing services are required, 
the Concessioner will recommend Service-approved towing services.
    4. The Concessioner will comply with all federal, state and local 
regulations regarding hazardous materials and environmental concerns. 
The Concessioner shall place a salvage drum at each service station and 
be equipped to immediately address any spill.
H. Showers and Laundry Facilities
    1. Shower enclosures and stalls will be well maintained and clean. 
Water pressure and temperature will remain constant and be comfortable. 
The concessioner shall provide at least two clothing hooks in each 
stall.
    2. An adequate number of washers and dryers, in good working 
condition, will be provided. Washers and dryers will be well maintained 
and clean. Change or tokens and laundry soap will be available either 
in vending machines onsite or at a convenient location nearby.
I. Vending
    1. Vending and ice machines and their location will be easily 
identified, adequately illuminated, conveniently located, and of a 
design and color which complements the aesthetics of nearby buildings 
and surroundings. All proposed locations must be approved by the 
Service. All machines will be clean, properly stocked, and in good 
working condition. Signing on the machine will be generic in nature. 
Brand information should only be visible when at the machine.
    2. Due to the inability to effectively regulate the use of 
cigarette vending machines by minors, cigarette vending machines will 
not be placed in the park.
    3. When out of order for the season, signs will be posted on the 
vending machines with appropriate information that will direct patrons 
to the closest available unit.

V. Reports

A. Concessioner
    1. Management Information System: To document visitor use impact, 
the Concessioner shall maintain a management information system on 
lodging and food service operations and shall provide the 
Superintendent a monthly report which will reflect the following 
information for each type of unit by location:

a. Units available
b. Units occupied
c. Percentage of occupancy
d. Total guest count
e. Number of guests per unit
f. Average length of stay
g. Number of meals served (breakfast, lunch and dinner).
h. For each type of guided activity:
    i. Number of trips conducted, by type
    ii. Number of participants on each.

    2. Utility Pass-Through Revenues: The Concessioner shall provide 
the Superintendent with monthly reports on any utility rates recouped 
as pass-through revenue during the reporting month.
    3. Incident Reports: The Concessioner will immediately report to 
the Service Communication Center: any fatalities or visitor-related 
incidents which could result in a tort claim to the United States; 
property damage over $500; any employee, visitor, or stock injuries 
requiring more than minor first aid treatment; any fire; all motor 
vehicle accidents; any incident that affects the park's natural and/or 
cultural resources; and any known or suspected violations of law 
involving persons not employed by the Concessioner.
    4. Human Illness Reporting: Information on all human illnesses, 
whether employees or guests, is to be promptly reported to the 
Service's Safety Office. This information, along with other information 
received, will be evaluated by the Park Sanitarian to help identify 
outbreaks of illness associated with contaminated water or food 
sources, or caused by other adverse environmental conditions. Reports 
shall be made by telephone.
    5. Other Reports Required by the CONTRACT:

a. Annual Financial Report--April 1 each year.
b. Certificate of Insurance--March 1 each year.
c. Statement of Insurance--March 1 each year.

(from Concessioner's insurance company)
B. Service
    1. Annual Review of Utility Rates: Operating costs for utility 
systems and services will be reviewed annually in July, and the 
Concessioner will be notified in writing by August 1 of the rates for 
the upcoming year (which will run from October 1--September 30).
    2. Annual Utility Pass-Through Reconciliation: The Concessioner's 
monthly pass-through reports will be reviewed annually in November to 
compare the projected and actual utility costs and rate pass-throughs. 
Differences (plus or minus) of 5% or less of utility costs will be 
ignored. Differences of more than 5% will result in adjustments for the 
following year.

VI. Sanitation

    A. The Service will inspect each food service facility, market, and 
public shower for sanitation on a periodic basis.
    B. At a minimum, the Concessioner will provide sanitation training 
to food service managers at the start of their employment in a food 
service facility and at least once every five years.

VII. Loss Control (Risk Management) Program

    A. Per the Occupational Safety and Health Act of 1970, the 
Concessioner will provide a safe and healthful environment for all of 
its employees and visitors.
    B. The Concessioner will develop, maintain, and implement a 
documented safety program (``Loss Control Plan''). An initial submittal 
and request of approval of this plan will be made to the Superintendent 
within 120 days of contract execution.

[[Page 9073]]

VIII. Lost and Found Policy

    Each found item shall be tagged, listing the item found, location 
found, date and time found, and by whom it was found. If an item is not 
claimed within seven (7) days, it shall be turned over to the Service 
or mailed or transmitted to the Park in accordance with the Parks' Lost 
and Found Policy.
    When possible, the Concessioner shall attempt to identify the 
ownership of the found item and provide this information to the 
Service.

IX. Integrated Pest Management

    The Concessioner shall be responsible for managing weeds, harmful 
insects, rats, mice and other pests on all lands and improvements 
assigned to the Concessioner under this CONTRACT. All such weed and 
pest management activities shall be in accordance with guidelines 
established by the Director.

X. Complaints

    A. The Service will send complaints or comments regarding 
Concessioner facilities to the Concessioner for investigation and 
response in a timely manner. The Concessioner will provide a copy of 
the response to the Superintendent. A copy of the Service's response 
will be forwarded to the Concessioner.
    In order to initiate valid and responsive visitor comments, the 
following notice will be prominently posted at all Concessioner cash 
registers and payment areas:

    This service is operated by (Name of Concessioner) , a 
Concessioner under contract with the U.S. Government and 
administered by the National Park Service. The Concessioner is 
responsible for conducting these operations in a satisfactory 
manner. The reasonableness of prices is based on comparability. 
Prices are approved by the National Park Service based upon prices 
charged by similar private enterprises outside the Park for similar 
services with due consideration for appropriate differences in 
operating conditions.
    Please address comments to: Superintendent, Park Unit Name, 
City, State Zip Code.

XI. Advertisements/Public Information

    A. All promotional material must be approved by the Superintendent 
prior to publication, distribution, broadcast, etc. Advertisements must 
include a statement that the Concessioner is authorized by the NPS, 
Department of the Interior, to serve the public in (Park Unit Name). 
Brochure changes and layout should be submitted to the Superintendent 
for review at least 30 days prior to projected need/printing dates. The 
Superintendent will make every effort to respond to minor changes to 
brochure and menu texts within 15 days. Longer periods may be required 
for major projects or where NPS assistance is required to help develop 
the product. The Concessioner should contact park staff well in advance 
to establish specific time frames for each project.
    B. When used, advertisements for employment must contain a 
statement that the company is an equal opportunity employer.

XII. Protection and Security

    A. Visitor Protection: Visitor protection shall be provided by the 
Service. Concessioner-employed security personnel, in regards to 
visitors, may act as private citizens but have no authority to take law 
enforcement action or carry firearms.
    Concessioner-employed security personnel are empowered to enforce 
the Concessioner's employee policies and housing regulations.
    B. Fire Protection: Fire protection shall be provided jointly by 
the Service and the Concessioner, with primary responsibility lying 
with the Service. The Concessioner has the responsibility to ensure 
that all buildings within its assigned area meet Fire and Life Safety 
Codes and that fire detection and suppression equipment is in good 
operating condition at all times. It is also the Concessioner's 
responsibility to report all structural fires immediately. The 
Concessioner will allow employees to be on the various developed area 
volunteer fire brigades and will allow time away from their primary 
duties for necessary training.
    The Service and Concessioner will enter into a separate agreement 
or memorandum of understanding prior to any active participation and/or 
training.
    C. Emergency Medical Care: The Service is responsible for emergency 
medical care. Any injury sustained by a visitor or employee in a 
concession facility and/or all medical emergencies should be reported 
promptly to the NPS Dispatcher. All employee and/or visitor illness 
complaints will be promptly reported to the Service through the 
appropriate District Ranger so that thorough investigating procedures 
can be completed as necessary.
    During the summer, the Concessioner shall provide a full-time 
employee qualified to provide health information and emergency medical 
treatment to Concessioner's employees. Minimum certification standard 
is EMT-1 qualification.
    D. Concessioner Security Personnel: During peak visitor periods 
(from May 1 through October 31), the Concessioner shall provide 
security personnel to handle in-house employee issues and to check 
concession facilities for security purposes.
    E. Alarm Systems: The Concessioner will maintain existing and new 
alarm systems in all concession buildings to the National Fire 
Protection Association (NFPA) Life Safety Code unless otherwise 
approved in writing by the Superintendent. Systems must be tested 
annually, prior to operations. Trained personnel must be utilized to 
repair all such systems. Repairs must be completed within 12 hours of 
initial report of deficiencies.

XIII. Recycling and Conservation

    A. Source Reduction: The Concessioner will implement a source 
reduction program designed to minimize its use of disposable products 
in its operations. Reusable and recyclable products are preferred over 
``throwaways.'' Polystyrene and plastics will be used as little as 
possible, and then only polystyrene not containing chlorofluorocarbons. 
Where disposable products are needed, products will be used which have 
the least impact on the environment. The use of post-consumer recycled 
products whenever possible is encouraged.
    B. Recycling and Beverage Container Programs: The Concessioner 
shall implement a recycling program that fully supports the efforts of 
the Service. Products to be recycled include but are not limited to 
paper, newsprint, cardboard, bimetals, plastics, aluminum, glass, waste 
oil, antifreeze, and batteries.
    Any beverage container deposits collected in excess of related 
operating expenses will be used for environmental projects as approved 
in writing by the Superintendent. An accounting of the beverage 
container deposits collected and distributed will be provided to the 
Service on an annual basis.
    C. Water and Energy Conservation: The Concessioner will implement 
water and energy conservation measures for each of its operations. As 
new technologies are developed, the Concessioner will explore the 
possibility of integrating them into existing operations where there is 
potential for increased efficiency, reduced water or energy 
consumption, or reduced impacts on the environment.

XIV. Volunteers in the Park (VIP)

    The Concessioner will allow its employees to participate in the 
Park's VIP Volunteers in the Park program.

XV. Smoking in Public Buildings

    Concession facilities must comply with Service policy and 
Department of

[[Page 9074]]

the Interior guidelines relative to Service areas. The Concessioner 
will post notices in all public buildings as necessary.

XVI. Quiet Hours

    Quiet hours will be enforced between the hours of 10:00 pm and 6:00 
am in all concession overnight facilities and the Concessioner's 
employee housing areas.
----------------------------------------------------------------------

Superintendent
Date:------------------------------------------------------------------

6. EXHIBIT ``H''

    Introduction to Exhibit H.
    NPS authorizes private businesses (concessioners) to provide 
visitor facilities and services within areas of the national park 
system and, in certain circumstances, permits concessioners to 
undertake the construction of new structures and the repair and 
maintenance of existing structures on park area lands under the terms 
of a concession contract. The following proposed procedures, to be 
included as an exhibit to concession contracts (where applicable), 
govern the undertaking by a concessioner of construction projects and 
repair and maintenance projects that substantially effect or alter 
existing Concession Facilities. However, the following proposed Exhibit 
is a guideline only. It may be changed from time to time by NPS 
officials as deemed appropriate in the circumstances of a particular 
proposed concession contract so long as any changes are consistent with 
the main body of the proposed contract and applicable NPS regulations.

EXHIBIT H--Concessioner Construction and Repair and Maintenance 
Project Procedures

A. Introduction

    This exhibit presents step-by-step procedures for Concessioner 
construction and repair and maintenance projects within the Park Area. 
Important terms are defined first. Project planning and design are 
presented second, followed by project supervision. All projects 
undertaken by the Concessioner requires a coordinated effort between 
the Concessioner and the Superintendent. This Exhibit applies to the 
construction of new structures or facilities, and the repair and 
maintenance of existing Concession Facilities that substantially effect 
or alter existing Concession Facilities (``R&M projects''). All 
construction and R&M projects must be proposed, approved, and 
accomplished under these procedures.
    Preventive maintenance and maintenance needed for facility 
operations are not considered R&M projects subject to these procedures 
and shall be directed and managed as presented in the Maintenance Plan.
    Construction and R&M projects not included in approved park 
planning documents prepared in response to the National Environmental 
Policy Act (NEPA) of 1969, as amended, may be required to comply with 
NEPA requirements. Projects within historic and culturally significant 
areas may require certain building management methods established by 
Section 106 of the National Historic Preservation Act of 1966, as 
amended (16 U.S.C. 470).
    The Concessioner is responsible for all aspects of project 
development and implementation. The role of NPS is to provide 
direction, authorization and over-site to accomplish the goals and 
objectives of NPS. The Concessioner and the Park staff are to work 
closely together.

B. Definition of Terms

    ``Annual Construction and Repair and Maintenance Management Plan'' 
(CMP)--A written document presenting all construction and R&M projects 
to be undertaken by the Concessioner during the following calendar year 
after the final submittal date.
    ``Approved Construction Documents''--Construction project drawings 
and specifications approved by the Park Superintendent used by the 
Concessioner to direct a contractor in the type, size and quality of 
construction or R&M.
    ``Change Order''--A written agreement between the ``Construction 
Supervisor'' and the Contractor or Consultant that changes the contract 
documents or scope of project work as agreed upon contractually.
    ``Construction Supervisor''--A Concessioner employee designated to 
administer and coordinate day-to-day construction and R&M projects 
representing the Concessioner and NPS and assuring quality work is 
performed. This person must have the authority to direct the contractor 
in any way that may change the contractual agreement between the 
Concessioner and the contractor.
    ``Conventional Design-Bid-Build Methods''--Construction developed 
and implemented under several separate agreements managed and 
coordinated directly by the Concessioner.
    ``Contact Person''--A Concessioner employee designated as the 
person to contact with regard to a specific matter, concern, or issue.
    ``Facilitator''--A Concessioner employee designated to have the 
role of providing structure and agendas for meetings with NPS and who 
records meeting discussions and outcomes.
    ``Guaranteed Maximum Price Design-Build Construction Methods''--An 
industry recognized type of construction where project consultants and 
contractors form an agreement to work as one entity providing facility 
construction in response to a developed request for proposal issued by 
the Concessioner. (Reference: Design Build Institute of America).
    ``Licensed Contractor''--An entity performing construction 
certified or licensed by the State to perform construction services 
within that State.
    ``Project Coordinator''--A Concession employee vested with the 
authority to direct consultants and contractors in the expenditure of 
construction and R&M funds.
    ``Project Statement'' (PS)--An agreement between NPS and the 
Concessioner approved by the Park Superintendent that authorizes the 
development and implementation of construction and R&M projects by a 
Concessioner on park property.
    ``Registered Technical Professionals''--Architects, engineers, or 
any subject area expert either certified or licensed by the State to 
perform specialized services or certified by a widely recognized 
industry regulator held responsible for quality and standard 
application of technical subject matter.
    ``Substantially Complete''--Project completion to the level where a 
list (``punch-list'') of items can be formulated (with the assistance 
of appropriate design consultants and inspectors) to direct the 
contractor in the completion of the construction or R&M project.
    ``Total Project Cost''--The total of all actual project 
expenditures (invoiced and paid) for completion of a construction or 
R&M project.
    ``Total Project Price''--The total of all anticipated project 
expenditures for completion of a construction or R&M project.

C. Project Planning and Design

    (1) Submit an Annual Construction and R&M Management Plan. Before 
approval to proceed with any construction or R&M project is granted by 
NPS, the Concessioner must submit a CMP for implementation the 
following year. Some projects may require several years of planning and 
design before construction. The purpose of the plan is to identify the 
need and tentative scope of construction and R&M a complete

[[Page 9075]]

year in advance of actual work to allow adequate time to prepare for 
project commencement. The plan should include any projects under 
discussion or identified in the Concessioner annual maintenance plan, 
any Concessioner capital improvement plans, and any NPS plans that 
involve Concessioner assigned facilities. The plan must include at 
least a project title; project concept description; a brief statement 
of justification; and anticipated NEPA and Section 106 planning and 
compliance established in collaboration with NPS staff.
    (2) Notify NPS of Intent-to-Proceed. The Park Superintendent shall 
receive formal written correspondence from the Concessioner providing 
notification of intent to proceed with any facility planning, design 
and/or construction and R&M. The project must be identified in the CMP 
the calendar year before. The time of notification shall be 
sufficiently in advance of any Concessioner budget formulation to 
assure the requirements of the Park Superintendent are included in the 
project scope.
    (3) Identify a Project Coordinator. The Concessioner project 
coordinator must be identified for each construction project.
    (4) Prepare a Project Statement (PS). Arrange and facilitate a 
project planning conference with NPS staff and prepare a PS to be 
submitted to the Park Superintendent for review. The conference should 
be performed on the proposed project site, if needed.
    (a) Conference goal and product. The primary goal of the conference 
is to clearly identify the project concepts and scope at sufficient 
detail to carry the project through to completion without significant 
deviation from an approved PS. The product of the conference should be 
a PS prepared by the Concessioner resulting from collaboration between 
the Concessioner and the Park Superintendent.
    (b) Project Statement Content. The PS shall include the following 
as a minimum: project description; justification; scope of work, 
including NEPA and Section 106 planning and compliance; estimated 
``Total Project Cost''; proposed schedule; milestones of NPS design 
review and third party project inspection and certification. The 
elements of the PS will function as check points of accountability and 
will vary in frequency and scope, contingent upon the nature, 
complexity and scope of the proposed project.
    (c) Leasehold Surrender Interest. If the Concessioner seeks 
leasehold surrender interest as a result of a construction project, the 
Concessioner must request and receive the written approval of the 
proposed construction project by the Park Superintendent in accordance 
with the terms of this leasehold surrender interest concession 
CONTRACT. An estimate of the amount of leasehold surrender interest 
shall be identified in advance if the Concessioner requests leasehold 
surrender interest. The estimated leasehold surrender interest costs 
shall be separately identified as part of the Total Project Price and 
substantiated with written and competitively acquired price proposals 
or construction contracts.
    (d) Methods of Establishing the Expected Value of Leasehold 
Surrender Interest. A number of methods are available to estimate the 
Concessioner's leasehold surrender interest as long as eligible direct 
and indirect costs are segregated from ineligible costs. The methods of 
identifying the expected value of leasehold surrender interest include 
guaranteed maximum price design-build construction methods, 
conventional design-bid-build methods, and construction price estimates 
professionally prepared by subject area experts.
    (e) Professional Services and Construction. For any project 
requiring professional services, such services shall be acquired from 
appropriate registered technical professionals. Licensed contractors 
shall perform all project work. The Concessioner shall provide for 
registered technical professionals to perform project inspection and/or 
facility certification, at the request of the Park Superintendent.
    (f) NPS Operations. Any aspect of the proposed work where the scope 
of work interfaces with NPS operations such as utility service 
connections or road maintenance operations must be clearly identified 
in the PS.
    (5) Submit Project Statement for NPS Review. The PS shall be 
submitted in written correspondence from the Concessioner to the Park 
Superintendent requesting review. A PS signed by the Park 
Superintendent constitutes official authority for the Concessioner to 
continue further project development to the level specified in written 
correspondence from the Superintendent. The Concessioner may obtain 
authority to complete a project when sufficient planning and design has 
been completed to meet the interests of the park. Projects that do not 
have the level of required planning are likely to receive only 
conceptual approval with authorization to proceed with further planning 
and/or design as required to assure park objectives are met.
    (a) Project Statements Claiming Leasehold Surrender Interest. A PS 
must present an estimate of project expenditures to be claimed for 
leasehold surrender interest purposes. The eligibility of any 
expenditures for leasehold surrender interest will not be identified 
until all project planning is complete to the satisfaction of the Park 
Superintendent including NEPA and Section 106 compliance, if required. 
An approved PS serves only as a guide for further project development 
to the level where the Park Superintendent may approve certain project 
costs as eligible for leasehold surrender interest. The Park 
Superintendent shall only approve final leasehold surrender interest 
expenditures after project completion and written project closeout.
    (b) Design Required for Leasehold Surrender Eligibility. The Park 
Superintendent may require an appropriate level of design before 
construction projects eligible for leasehold surrender interest are 
identified. The level of project planning may extend to concept design, 
schematic design, or preliminary engineering design, to clearly 
identify the construction elements eligible for leasehold surrender 
interest. Some projects may require the completion of construction 
drawings and specifications before the leasehold surrender interest is 
documented to the satisfaction of the Park Superintendent. All capital 
improvements for which leasehold surrender interest is claimed must be 
defined in record ``as-built'' construction drawings and 
specifications.
    (6) Establish a Project File. A file of all project documents shall 
be held by the Concessioner as a chronological audit trail of all 
project decision-making activity for each project from concept 
development to completion and NPS acceptance. Each project shall be 
identified with a unique project number assigned by the Park. All 
documents entered into the file should have the project identification 
number clearly displayed on it as part of document identity.
    (a) Leasehold Surrender Interest Project File. A leasehold 
surrender interest project file shall be established and maintained by 
the Concessioner and shall include all of the above. This file shall be 
submitted to the Park Superintendent as the basis for the leasehold 
surrender interest claim. As part of this file, the Concessioner must 
maintain auditable records of all expenditures attributable to each 
project and have them available for review if requested by NPS 
personnel. Invoices shall contain sufficient information to

[[Page 9076]]

identify the tasks completed or products delivered as agreed upon in 
contracts presenting a full scope of work. The file shall clearly 
provide a ``paper trail'' between expenditures deemed eligible for 
leasehold surrender interest purposes and the payment of those 
expenses.
    (b) Typical Project File. The organization of a typical project 
file is presented in the following sections:
    Section A. Project Statement. The PS, scope of work, and a copy of 
the notice-to-proceed letter, authorizing planning and design, sent to 
the Concessioner by the Park Superintendent should be filed in this 
section.
    Section B. Planning. This section should contain documents 
pertaining to any project planning. Typical documents include those 
produced for NEPA and Section 106 compliance. Also contained in this 
section should be any concept design, preliminary design, or schematic 
design correspondence and documents. When the Park Superintendent 
grants approval for any of the above stages of project development, 
correspondence from the Park Superintendent should be filed in this 
section.
    Section C. Assessment. This section should contain a record of any 
assessment performed during project implementation. Soil, vegetation, 
floodplain, structural, electrical assessments, for example, should be 
filed in this section. Any other existing site or facility 
investigative reports, and all quality assurance documents such as 
third party project inspection, testing and certification should also 
be filed in this section.
    Section D. Design. This section should contain a record of 
documents produced and decisions made during the design phase of a 
project. The design phase typically occurs when project activity has 
shifted from conceptual discussion to organizing detailed direction 
provided to a contractor for construction. Correspondence from the Park 
Superintendent providing design approval should be in this section.
    Section E. Project Work. This section should contain a record of 
decisions made during project work. The letter from the Park 
Superintendent granting notice-to-proceed with construction or R&M 
should be in this section. All contractor proposals, change-orders, 
design modification documents, daily construction activity records, 
weekly meeting minutes, etc. should be in this section. Documentation 
for larger construction and R&M projects should be organized according 
to subcontractor activity or standard specification enumeration. The 
final document filed in this section should be the NPS correspondence 
sent to the Concessioner providing project acceptance and closeout.
    Section F. Financial. This is a very important section where a copy 
of all contracts and contract modifications should be filed. It is 
important to assure that all expenditures are accounted for. All 
expenditures must have sufficient supporting documentation cross-
referenced with documents in other file sections, if necessary. Monthly 
financial detail reports shall be prepared and filed in this section 
with copies of all project budget documents. Correspondence claiming 
and recognizing leasehold surrender interest must be organized in this 
section. Also contained in this section shall be a copy of the project 
acceptance and closeout letter from the Park Superintendent that 
specifies the amount of leasehold surrender interest, if any, 
applicable to the project.
    (7) Submit Resource Compliance Documents for Review and Approval. 
Historic/cultural (Section 106), and NEPA compliance documents required 
for each project shall be submitted to the Park Superintendent for 
review and approval. The Concessioner must request the participation of 
NPS staff early in project planning to assure uninterrupted project 
implementation. Submittal of compliance documentation must occur as 
soon as possible. Every effort shall be made to perform compliance 
document preparation tasks concurrently with project planning and 
design.
    (a) Historic/cultural compliance. Historic and cultural compliance 
document approval is required for property listed in or eligible for 
inclusion in the National Register of Historic Places. Any undertaking 
effecting property listed shall be performed in accordance with ``The 
Secretary of the Interior's Standards for Rehabilitation & Illustrated 
Guidelines for Rehabilitating Historic Buildings''. The Concessioner 
must document proposed actions using the ``XXX Form'' (available from 
the National Park Service) before any work occurs for any project that 
may affect a historic structure, historic district, cultural landscape, 
archeological site or historic object or furnishing. Compliance will 
usually require the preparation of at least ``assessment of effect'' 
drawings and specifications to the level of final documents if 
required. Compliance shall carry through to submission of the 
``Construction or R&M Completion Report'' for many projects where 
significant changes are made to the historic structure and/or 
landscape. Therefore, compliance document approval usually will not 
occur until after submission of project documents. In-park historic 
compliance review and approval will require at least several weeks from 
date of submittal. Where submittal is made to the State Historic 
Preservation Officer or the Advisory Council on Historic Preservation, 
additional time will be required before approval may be given. This may 
be performed concurrently with approval of project documents.
    (b) Ground disturbance. Where ground disturbance will take place 
submittal of drawings that show area and depth of proposed ground 
disturbance will be required. Submittal of this document early in 
project planning is recommended. All project documents that include 
soil disturbance shall have the following specification included within 
them:

    ``Petroglyphs, artifacts, burial grounds or remains, structural 
features, ceremonial, domestic, and archeological objects of any 
nature, historic or prehistoric, found within the project area are 
the property of and will be removed only by the Government. Should 
Contractor's operations uncover or his/her employees find any 
archeological remains, Contractor shall suspend operations at the 
site of discovery; notify the Government immediately of the 
findings; and continue operations in other areas. Included with the 
notification shall be a brief statement of the location and details 
of the findings. Should the temporary suspension of work at the site 
result in delays, or the discovery site require archeological 
studies resulting in delays of additional work for Contractor, he/
she will be compensated by an equitable adjustment under the General 
Provisions of the CONTRACT.''

    (c) Archeological Monitoring. Monitoring project activity is a 
requirement of cultural compliance when significant ground disturbance 
occurs during project work. Any cultural resource monitoring required 
shall be performed under the direction of the NPS in accordance with 
the above project specification. The NPS shall be notified sufficiently 
in advance of the need for a monitor and will assist the Concessioner 
in making arrangements for the services of an archeological monitor at 
the expense of the Concessioner, if the NPS is unable to provide the 
expertise.
    (d) National Environmental Policy Act (NEPA) compliance. NEPA 
compliance document approval is required before any construction or R&M 
project occurs for any project that has an impact on the environment. 
Projects requiring compliance will be identified by the NPS early 
during project planning. The actual review period length may vary 
widely depending on the nature, scope,

[[Page 9077]]

and complexity of the project elements that relate to resource 
compliance. Projects that have an insignificant effect on park 
resources usually require a ``categorical exclusion''--a process that 
may require sufficient extended lead-time from submittal of review 
documents. Projects having a significant effect on park resources or 
that are not part of other NEPA compliance documentation may also 
require a longer period of implementation.
    (8) Submit Construction and R&M Documents for Review and Approval. 
The Concessioner shall submit construction or R&M documents for review 
and approval to establish Approved Construction or R&M Documents for 
purposes of project work. Approved Construction or R&M Documents 
establish the full scope of the project and the quality of work to be 
performed by the Concessioner. The scope of the documents required will 
be identified in the PS. The scope and detail of the documents will 
vary depending on the nature and complexity of the project. 
``Manufacturer's cut-sheets'' may be all that is required for some 
projects, and for others, complete detailed drawings and specifications 
may be required. The Concessioner is responsible for the technical 
accuracy and completeness of construction and R&M documents and shall 
provide the technical review as needed to assure compliance with all 
applicable federal, state and local statutes, codes, regulations and 
appropriate industry standards. Any exception to this will be by 
written authorization from the Superintendent.
    (9) Submit a Project Estimate and Schedule. An estimate of the 
``total project price'' and completion schedule shall be submitted to 
the Superintendent before work begins.

D. Construction and R&M Project Management Procedures

    (1) Identify a Project Supervisor. A Project Supervisor shall be 
identified and vested with the authority to direct the contractor on 
behalf of the Concessioner. The NPS will direct their communication 
concerning the nature and progress of day-to-day project activity to 
this person.
    (2) Submit a Total Project Price for Review. All construction and 
R&M projects completed under the terms of this concession CONTRACT 
shall include submittal of a Total Project Price in writing to the 
Superintendent for review.
    (a) Conditions of Total Project Price Approval Where Leasehold 
Surrender Interest is Requested. In cases where leasehold surrender 
interest is being requested, expected leasehold surrender interest 
expenditures shall be separately identified as part of the Total 
Project Price and substantiated by detailed pricing contained in a 
written, competitively acquired construction contract supported by 
record construction drawings and specifications. In addition, the 
Superintendent may require other correspondence or documentation to 
substantiate a claim.
    (b) Conditions of Total Project Price Approval Where Leasehold 
Surrender Interest is Not Requested. Where no leasehold surrender 
interest is being requested, the Total Project Price is provided as an 
informational item. Formal approval by the Superintendent is not 
required.
    (3) Notice-to-Proceed with Project. A ``Notice-to-Proceed'' with a 
construction or R$M project will be issued when all submittals 
requested by the Park Superintendent have been reviewed and approved. 
The Notice-to-Proceed must be received by the Concessioner in writing 
before any project work occurs.
    (4) Hold a Pre-Project Conference with the Contractor. The 
Concessioner shall arrange and facilitate a pre-project conference as 
needed or as requested by the NPS with the Contractor. The purpose of 
the conference is to provide the NPS the opportunity to meet the 
Contractor and confirm that the Contractor has full understanding and 
knowledge of all work to be performed. In addition, the conference 
provides the opportunity to confirm established communication linkages 
between the Concessioner, the Contractor and the NPS. Any questions the 
Contractor may have regarding any matter of the project or anything 
about Park access, rules and regulations may also be discussed.
    (5) Submit Project Activity Reports (as required). A record of 
project activity shall be provided by the Concessioner on all approved 
projects. The scope and frequency of performing this documentation 
shall be identified upon submittal of project documents for Park 
approval. The Concessioner is responsible for the accuracy and 
completeness of all design and completed construction and R&M projects.
    (a) Content. Project activity reports shall summarize daily project 
activity recording important observations and decisions. It shall also 
identify project expenditures to date if required for leasehold 
surrender interest. The reports shall identify any changes to the 
approved project documents either by change order or any other variance 
from approved project documents. The NPS shall be notified immediately, 
if a change is likely to occur in the Total Project Price if the 
project involves leasehold surrender interest. (See discussion below 
for review and approval of change orders and contract modifications.)
    (b) Regulatory code compliance and project inspection (as 
required). Inspection reports specifically addressing regulatory code 
compliance and adherence to project documents will be required, at the 
request of the Superintendent, during certain stages of the work. 
Independent industry certified inspectors or registered professional 
subject area experts shall perform all inspections and project 
component certification. Inspection reports shall be prepared that 
include all findings and results of code compliance inspection. Section 
and paragraph of applicable codes shall be referenced when deficiencies 
are noted. Recommendations presenting remediation shall accompany line 
item deficiencies in the report. All inspection reports shall be 
included in the final project completion report submitted before 
project acceptance by the Superintendent.
    (6) Submit Requests for Changes in Approved Project Documents. The 
Superintendent's approval will be required before any significant 
changes are made to the project scope during the construction or R&M, 
as identified in the Approved Project Documents. The Concessioner shall 
provide the NPS with written notification immediately upon identifying 
the need for a change in project scope that effects any of the items 
listed below. The written notification shall include a request for 
change in the Approved Project Documents complete with justification 
and explanation of effect of change on all other aspects of project 
design and work. Requests for any significant changes in the Approved 
Project Documents shall be reported in project activity reports with 
attachment of any documentation requested. Changes in approved project 
scope during the work that will require review and approval of the 
Superintendent include the following:
    (a) Changes affecting natural, cultural and/or historic resources;
    (b) Changes in designated visual appearance;
    (c) Changes in the interface with NPS utility and/or road facility 
maintenance operations;
    (d) Changes in project scope and/or the estimated leasehold 
surrender interest, as required for capital improvement projects.
    (e) Proposed changes where natural or cultural/historic resources 
are involved

[[Page 9078]]

may require a significant period of review depending on the complexity 
of the concern.
    (7) Submittal of Change Orders for Review and Approval (for 
Leasehold Surrender Interest only). When one of the four factors listed 
above exists, the Concessioner shall submit, for the review and 
approval of the Park Superintendent, documentation justifying the 
proposed changes. The Concessioner shall also submit a revised Total 
Project Price for each proposed change, as needed, indicating the 
proposed change in estimated leasehold surrender interest. All change 
orders or any other means of directing the Contractor having the effect 
of increasing the Total Project Price will require the Park 
Superintendent's review and approval, if the project has leasehold 
surrender interest implications.
    (8) NPS Project Inspection. The construction or R&M project will be 
inspected periodically by a representative of the Park Superintendent. 
The purpose of these inspections is not in lieu of or in any way a 
substitute for project inspection provided by the Concessioner. The 
responsibility to assure safe, accountable project activity and for 
providing the contractor with direction to fulfill the full scope of 
approved work is the responsibility of the Concessioner.
    (9) Project Supervision Documents. Project construction drawings 
and specifications must be kept on the project site complete with any 
design or project modifications, in a well-organized form. The Project 
Supervisor shall keep a current ``red-line'' copy of Approved Project 
Documents updated daily showing any changes. In addition, a well-
organized file of submittals required in the Approved Project Documents 
and approved by professional Architects and/or Engineers must also be 
kept on the project site with the project documents for periodic 
inspection by NPS staff.
    (10) Substantial Completion Inspection and Occupancy. Joint 
inspection by the NPS and the concessioner will occur upon notification 
that the project is substantially complete. A ``punch list'' of work 
items will be formulated and performed to ``close-out'' the project. 
The Superintendent, in writing will accept the project, when the 
``punch-list'' items are completed. The Concessioner is not to occupy 
the facility until authorized in writing by the Park Superintendent.
    (11) Claiming Leasehold Surrender Interest. Upon substantial 
completion of the construction or installation of capital improvements, 
as determined by the Park Superintendent, the Concessioner must provide 
the Superintendent a written schedule of leasehold surrender interest 
eligible expenditures incurred, which becomes the Concessioner's claim 
for leasehold surrender interest. The project file, containing actual 
invoices and the administrative record of project implementation must 
support these expenditures and shall be submitted to the Park 
Superintendent for review with the claim, as indicated above. If 
requested by the Park Superintendent, the Concessioner shall also 
provide written certification from a certified public accountant. The 
certification must state: (1) That all the elements of the construction 
cost were incurred by the Concessioner; (2) that all such elements are 
proper under the definition of construction cost as defined in NPS 
Regulations and the terms of this concession CONTRACT; and (3) that all 
such elements were capitalized by the Concessioner on its federal 
income tax returns.
    (12) Project Completion Report. Upon completion of any project, the 
Concessioner shall submit a Project Completion Report to the NPS. The 
completion report shall include the Total Project Cost; before and 
after photo documentation; warranties; operation and maintenance 
manuals, if required; all inspection and certification reports; and 
``as-constructed'' drawings (see item below) for any construction. 
Construction projects where leasehold surrender interest is claimed may 
require the submittal of any other similar documents deemed by the NPS 
necessary to establish complete construction documentation. The level 
of documentation requested may also include adequate photo-
documentation provided during construction to record significant 
unforeseen site and construction conditions resulting in changes to 
approved construction documents and the approved Total Construction 
Price.
    (13) ``As-Constructed Drawings''. The ``as constructed'' drawings 
included with the project completion report for all construction and 
R&M projects shall be full-size archival quality prepared in accordance 
with the latest AutoCAD Guidelines prepared by the National Park 
Service Denver Service Center before final project acceptance. At least 
two half-size sets of drawings shall also be provided. The drawings 
establishing leasehold surrender interest shall provide a full and 
complete record of all ``as-constructed'' facilities including 
reproduction of approved submittals and manufacture's literature 
documenting quality of materials, equipment and fixtures in addition to 
a record set of project specifications approved for construction.
    (14) Request Project Acceptance and Closeout by the Superintendent. 
The Concessioner shall request project acceptance by the Park 
Superintendent either at the time of submittal of the Project 
Completion Report or at any time thereafter. Project acceptance will be 
contingent upon fulfillment of all requested project completion work 
tasks and submittal of all project documentation in accordance with 
these guidelines and as requested by the NPS. For leasehold surrender 
interest projects, the project closeout letter issued by the 
Superintendent will specify the granted amount of leasehold surrender 
interest associated with the construction.

7. EXHIBIT ``X''--Excerpts From 36 CFR, Part 51 Concerning 
Leasehold Surrender Interest

(The text of this Exhibit will be added after regulations at 36 CFR, 
Part 51 have been finalized.)

    B. Amended sections of the Proposed Standard Language Concession 
Contract
    The following are proposed amended sections of the proposed NPS 
standard concession contract published for public comment on September 
3, 1999.The proposed amendments implement principles of environmental 
leadership and sustainability for National Park Service facilities. The 
amendments requiring the development and implementation of an 
environmental management program (EMP) for each concessioner. The EMP 
describes the structure by which the concessioner will ensure 
compliance with applicable Federal, state, and local environmental 
requirements and best management practices, but does not prescribe how 
the concessioner will carry out specific operations, actions, 
strategies, goals and targets. The proposed amendments provide guidance 
on issues the EMP must address. The EMP of each concessioner 
additionally will address issues specific to the required and 
authorized services of the concessioner under its contract. In the case 
of a small operation, the EMP may be brief and simple. For a larger 
organization, the EMP may require more detail. The proposed amendments 
require that the concessioner designates an Environmental Program 
Manager and provides certain notifications, reports and other 
environmental information to the National Park Service.
    A final NPS standard concession contract will be published in the

[[Page 9079]]

Federal Register after consideration of the public comments received as 
a result of the September 3, 1999 notice and this notice. In addition, 
final short from standard concession contracts will be published in the 
Federal Register after consideration of public comments received in 
response to the December 22, 1999, public notice that solicited public 
comment on the proposed short from standard concession contracts. To 
the extent that the final long-form standard contract is amended as a 
result of consideration of public comments, including public comments 
on the following proposed amendments and the short form standard 
contracts, those amendments will be applicable to all forms of standard 
concession (long form and short form) contracts to the extent otherwise 
applicable.

Proposed Amendments to Proposed Standard Concession Contract

    1. A new ``whereas'' clause is proposed as follows:

    Whereas, the Director desires the Concessioner to conduct these 
visitor services in a manner that demonstrates sound environmental 
management, stewardship and leadership;

    2. The definition of ``applicable laws'' as contained in the 
proposed standard concession contract is proposed to be amended and a 
new definition is added to read as follows:

    (a) ``Applicable Laws'' means the laws of Congress governing the 
Area, including, but not limited to, the rules, regulations, 
requirements and policies promulgated under those laws, whether now 
in force, or amended, enacted or promulgated in the future, 
including, without limitation, federal, state and local laws, rules, 
regulations, requirements and policies governing nondiscrimination, 
protection of the environment and protection of public health and 
safety.
    (b) ``Best Management Practices'' (BMPs) are operational 
policies and activities that, in addition to ensuring full 
compliance with all Applicable Laws regarding public health and the 
environment, apply the most current and advanced means and 
technologies available to the Concessioner to undertake and maintain 
a superior level of environmental performance reasonable in light of 
the circumstances of the operations conducted under this CONTRACT. 
BMPs are expected to change from time to time as technology evolves 
with a goal of sustainability of the operations of the Concessioner 
under this CONTRACT. Sustainability of operations refers to 
operations that have a restorative or net positive impact on the 
environment.

    3. Section 5 of the proposed standard concession contract is 
proposed to be amended to read as follows:

SEC. 5. Legal, Regulatory, Policy Compliance

(a) Legal, Regulatory and Policy Compliance

    This CONTRACT, operations thereunder by the Concessioner and the 
administration of it by the Director shall be subject to all Applicable 
Laws. The Concessioner must comply with all Applicable Laws in 
fulfilling its obligations under this CONTRACT at the Concessioner's 
sole cost and expense. Certain Applicable Laws relating to 
nondiscrimination in employment and providing accessible facilities and 
services to the public are further described in this CONTRACT.

(b) Notice

    The Concessioner shall give the Director immediate written notice 
of any violation of Applicable Laws and, at its sole cost and expense, 
must promptly rectify any such violation.

(c) How and Where to Send Notice

    All notices required by this CONTRACT shall be in writing and shall 
be served on the parties at the following addresses. The mailing of a 
notice by registered or certified mail, return receipt requested, shall 
constitute sufficient service. Notices sent to the Director shall be 
sent to the following address:

    Superintendent
    Park name
    Address
    Attention:

    Notices sent to the Concessioner shall be sent to the following 
address:

    Concessioner:
    Address:
    Attention:

    4. Section 6 of the proposed standard concession contract is 
proposed to be amended to read as follows:

SEC. 6. Environmental Management

(a) Environmental Management Objectives

    The Concessioner shall meet the following environmental management 
objectives (hereinafter ``Environmental Management Objectives'') in the 
conduct of its operations under this CONTRACT:
    (1) The Concessioner, including its agents, contractors and 
subcontractors, shall comply with all Applicable Laws pertaining to the 
protection of human health and the environment.
    (2) The Concessioner shall incorporate BMPs in its operation, 
construction, maintenance, acquisition, provision of visitor services, 
and other activities under this CONTRACT.

(b) Environmental Management Program

    (1) The Concessioner shall develop, document, implement, and comply 
fully with, to the satisfaction of the Director, a comprehensive 
written Environmental Management Program (EMP) to achieve the 
Environmental Management Objectives. The Concessioner shall update the 
EMP at least annually and shall make the EMP available to the Director 
upon request.
    (2) The EMP shall account for all activities with potential 
environmental impacts conducted by the Concessioner or to which the 
Concessioner contributes. The complexity of the EMP may vary based on 
the type, size and number of Concessioner activities under this 
CONTRACT.
    (3) The EMP shall include, without limitation, the following 
elements:
    (i) Policy. The EMP shall provide a clear statement of the 
Concessioner's commitment to the Environmental Management Objectives.
    (ii) Goals and Targets. The EMP shall identify environmental goals 
for the Concessioner that are consistent with all Environmental 
Management Objectives. The EMP shall also identify specific targets 
(i.e. measurable results and schedules) to achieve these goals.
    (iii) Responsibilities and Accountability. The EMP shall identify 
environmental responsibilities for Concessioner staff and contractors. 
The EMP shall include the designation of an environmental program 
manager. The EMP shall include procedures for Concessioner evaluation 
of staff and contractor performance against these environmental 
responsibilities.
    (iv) Documentation. The EMP shall identify plans, procedures, 
manuals, and other documentation maintained by the Concessioner to meet 
the Environmental Management Objectives.
    (v) Documentation Control and Information Management System. The 
EMP shall describe (and implement) document control and information 
management systems to maintain knowledge of Applicable Laws and BMPs. 
In addition, the EMP shall identify how the Concessioner will manage 
environmental information, including without limitation, plans, 
permits, certifications, reports, and correspondence.
    (vi) Reporting. The EMP shall describe (and implement) a system for 
reporting environmental information on a routine and emergency basis, 
including providing reports to the Director under this CONTRACT.
    (vii) Communication. The EMP shall describe how the environmental 
policy,

[[Page 9080]]

goals, targets, responsibilities and procedures will be communicated 
throughout the Concessioner's organization.
    (viii) Training. The EMP shall describe the environmental training 
program for the Concessioner, including identification of staff to be 
trained, training subjects, frequency of training and how training will 
be documented.
    (ix) Monitoring, Measurement, and Corrective Action. The EMP shall 
describe how the Concessioner will comply with the EMP and how the 
Concessioner will audit its performance under the EMP, a least 
annually, in a manner consistent with NPS protocol regarding audit of 
NPS operations. The audit should ensure Concessioner's conformance with 
the Environmental Management Objectives and measure performance against 
environmental goals and targets. The EMP shall also describe procedures 
to be taken by the Concessioner to correct any deficiencies identified 
by the audit.

(c) Environmental Performance Measurement

    The Concessioner shall be evaluated by the Director on its 
environmental performance under the terms of this CONTRACT on an annual 
basis.

(d) Environmental Data, Reports, Notifications, and Approvals

    (1) Inventory of Hazardous Substances and Inventory of Waste 
Streams. The Concessioner shall submit to the Director, at least 
annually, an inventory of federal Occupational Safety and Health 
Administration (OSHA) designated hazardous chemicals used and stored in 
the Area by the Concessioner. The Director may prohibit the use of any 
OSHA hazardous chemical by the Concessioner in operations under this 
CONTRACT. The Concessioner shall obtain the Director's approval prior 
to using any EPCRA extremely hazardous substance, as defined pursuant 
to Emergency Planning and Community Right to Know Act of 1986, in 
operations under this CONTRACT. The Concessioner shall also submit to 
the Director, at least annually, an inventory of all waste streams 
generated by the Concessioner under this CONTRACT. Such inventory shall 
include any documents, reports, monitoring data, manifests, and other 
documentation required by Applicable Laws regarding waste streams.
    (2) Reports. The Concessioner shall submit to the Director copies 
of all documents, reports, monitoring data, manifests, and other 
documentation required under Applicable Laws to be submitted to 
regulatory agencies. The Concessioner shall also submit to the Director 
any environmental plans for which coordination with Park operations are 
necessary and appropriate, as determined by the Director.
    (3) Notification of Releases. The Concessioner shall give the 
Director immediate written notice of any discharge, release or 
threatened release (as these terms are defined by Applicable Laws) 
within or at the vicinity of the Area, (whether solid, semi-solid, 
liquid or gaseous in nature) of any hazardous or toxic substance, 
material, or waste of any kind, including, without limitation, building 
materials such as asbestos, or any contaminant, pollutant, petroleum, 
petroleum product or petroleum by-product.
    (4) Notice of Violation. The Concessioner shall give the Director 
immediate written notice of any threatened or actual notice of 
violation of any Applicable Law.
    (5) Communication with Regulatory Agencies. The Concessioner shall 
provide timely written advance notice to the Director of 
communications, including without limitation, meetings, audits, 
inspections, hearings and other proceedings, between regulatory 
agencies and the Concessioner related to compliance with Applicable 
Laws concerning operations under this CONTRACT. The Concessioner shall 
also provide to the Director any written materials prepared or received 
by Concessioner in advance of or subsequent to any such communications. 
The Concessioner shall allow the Director to participate in any such 
communications. The Concessioner shall also provide timely notice to 
the Director following any unplanned communications between regulatory 
agencies and the Concessioner.

(f) Corrective Action

    (1) The Concessioner, at its sole cost and expense, shall promptly 
control and contain any discharge, release or threatened release, as 
set forth in this section or any threatened or actual violation, as set 
forth in this section, arising in connection with the Concessioner's 
operations under this CONTRACT, including, but not limited to, payment 
of any fines or penalties imposed by appropriate agencies. Following 
the prompt control or containment of any release, discharge or 
violation, the Concessioner shall take all response actions necessary 
to remediate the release, discharge or violation, and to protect human 
health and the environment.
    (2) Even if not specifically required by Applicable Laws, the 
Concessioner shall comply with directives of the Director to clean up 
or remove any materials, product or by-product used, handled, stored, 
disposed, transported onto or into the Area by the Concessioner to 
ensure that the Area remains in good condition.

(g) Indemnification and Cost Recovery for Concession Environmental 
Activities

    (1) The Concessioner shall indemnify the United States in 
accordance with section 12 of the CONTRACT from all losses, claims, 
damages, environmental injuries, expenses, response costs, allegations 
or judgments (including, without limitation, fines and penalties) and 
expenses (including, without limitation, attorneys fees and experts 
fees) arising out of the activities of the Concessioner, its agents, 
contractors and subcontractors pursuant to this section. Such 
indemnification shall survive termination or expiration of this 
CONTRACT.
    (2) If the Concessioner does not promptly contain and remediate an 
unauthorized discharge or release or correct any environmental audit 
finding of non-compliance in full compliance with Applicable Laws, the 
Director may, in its sole discretion and after notice to Concessioner, 
take any such action as the Director deems necessary to abate, 
mitigate, remediate, or otherwise respond to such release or discharge, 
or take corrective action for the environmental audit finding. The 
Concessioner shall be liable for and shall pay to the Director any 
costs of the Director associated with such action upon demand.
    5. Section 7 of the proposed standard concession contract is 
proposed to be amended by adding a section (a)(3) to read as follows:
    (3) The Concessioner is encouraged to develop interpretive 
materials or means to educate visitors about environmental programs or 
initiatives implemented by the Concessioner.
    6. Section 15(b) of the proposed standard concession contract is 
proposed to be amended to read as follows:

(b) Environmental Reporting

    The Concessioner shall submit environmental reports as specified in 
Section 6 of this CONTRACT, and as otherwise required by the Director 
under the terms of this CONTRACT.
    7. Section 16 of the proposed standard concession contract is 
proposed to be amended by deleting the word ``enhance'' and inserting 
after the word ``protection,'' in subsection (a) the

[[Page 9081]]

phrase ``conservation and preservation'' and deleting the word 
``enhancing'' and inserting after the word ``protecting'' in subsection 
(b) the phrase ``conserving or preserving.''

    Dated: February 9, 2000.
Maureen Finnerty,
Associate Director, Park Operations and Education.
[FR Doc. 00-3510 Filed 2-22-00; 8:45 am]
BILLING CODE 4310-70-P