09 CC-GRSM007-27 Exhibit B Op Plan.pdf

CC-GRSM007-27 Exhibit B: Operating Plan Table of Contents

EXHIBIT B

OPERATING PLAN

1) INTRODUCTION

2) MANAGEMENT RESPONSIBILITIES

A) Concessioner

B) Service

3) GENERAL POLICIES AND PROGRAMMATIC REQUIREMENTS

A) Environmental Management Program

B) Risk Management Program

C) Resource Protection

D) Property Management

E) Visitor Satisfaction

F) Purchasing

G) Protection and Emergency Services

H) Human Resources

I) Structure Fire

J) Utilities

4) GENERAL OPERATING STANDARDS AND REQUIREMENTS

A) Schedule of Operations

B) Rate Determination and Approval Process

C) Evaluations

D) Public Information

E) Interpretive Services

5) OPERATING STANDARDS AND REQUIREMENTS SPECIFIC TO SERVICE TYPE

A) Guided Horseback and Carriage and/or Wagon Rides: Smokemont Riding Stables

B) Retail: Smokemont Riding Stables

6) STOCK USE AND CARE

A) Treatment of Stock

B) Stock Examination

C) Quantity of Stock

D) Quality of Stock

E) Tack

F) Hay and Feed

7) REPORTING REQUIREMENTS

A) Emergency and Incident Reporting

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B) Operational Reporting

C) Concessioner Financial Reporting

8) SUMMARY OF INITIAL AND RECURRING DUE DATES

ADDENDUM 1 TO EXHIBIT B: OPERATING PLAN ................................................................................... - 1 -

9) ELEMENTS BY TOPIC AREA ............................................................................................................. - 1 -

A) Protection, Conserving, and Preserving Area Resources ................................................................ - 1 -

B) Visitor Services ............................................................................................................................. - 1 -

C) Environmental Management ........................................................................................................ - 1 -

D) Click or tap here to enter text. ..................................................................................................... - 1 -

ADDENDUM 1: ELEMENTS INCORPORATED FROM THE CONCESSIONER'S PROPOSAL

ATTACHMENT A: REFERENCED WEBSITES

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1) INTRODUCTION

This Operating Plan between Concessioner Name Click or tap here to enter text. (hereinafter referred to as the “Concessioner”) and the National Park Service (hereinafter referred to as the “Service” or “NPS”) describes specific operating responsibilities of the Concessioner and the Service regarding the visitor services within Great Smoky Mountains National Park (hereinafter referred to as the “Area”) that the Concessioner is required or authorized to provide under the Contract.

In the event of any conflict between the terms in the main body of the Contract and this Operating Plan, the terms in the main body of the Contract, including its amendments, will prevail.

This Operating Plan will be reviewed annually by the Superintendent of the Area in consultation with the Concessioner and revised as determined necessary by the Superintendent. Any revisions must be reasonable, consistent with the main body of the Contract, and in furtherance of the purposes of the Contract.

Elements of the Concessioner’s proposal for the Contract are incorporated into Addendum 1 to the Operating Plan with the same effect as the terms of this Operating Plan. Attachment A (Referenced Websites) at the end of this Operating Plan includes links to documents, polices, and procedures referenced in this Operating Plan.

2) MANAGEMENT RESPONSIBILITIES

A) Concessioner

(1) To achieve an effective and efficient working relationship between the Concessioner and the Service, the Concessioner must designate an on-site general manager who:

(a) Has the authority to manage and the managerial experience for the operations under the Contract.

(b) Employs staff with the expertise and training to operate all services provided under the Contract.

(c) Has full authority to act as a liaison in all Concessioner administrative and operational matters within the Area.

(d) Has the responsibility for implementing the policies and directives of the NPS applicable to the operations.

(2) In the absence of the general manager, the Concessioner must designate an acting general manager.

B) Service

The Superintendent of the Area has responsibility for all Area operations, including commercial services operations. The Superintendent carries out NPS policy, including policies documented in the NPS Commercial Services Guide (CS Guide) and the Contract. The Superintendent, directly or through designated representatives, such as the concession specialist(s) of the Area, reviews, directs, and coordinates, pursuant to NPS policy, the CS Guide, and applicable laws, Concessioner activities relating to the Area, including by:

(1) Evaluating Concessioner operations.

(2) Reviewing and approving rates charged for all commercial services within the Area.

(3) Reviewing and approving construction and improvements to Area lands and real property improvements.

(4) Reviewing and approving changes to services, the Concessioner’s plans, programs and procedures, and other requirements as outlined in the Operating Plan.

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3) GENERAL POLICIES AND PROGRAMMATIC REQUIREMENTS

A) Environmental Management Program

(1) Standards. The Concessioner must develop, implement, and maintain an Environmental Management Program (EMP) in accordance with NPS Environmental Management Program standards. The Concessioner must submit to the NPS a documented EMP within 60 days of the effective date of the Contract and must submit any revisions at least 30 days before implementation. The EMP must be updated in response to any environmental deficiencies found in environmental audits or other inspections. The EMP must account for all Concessioner activities with potential environmental impacts. The Concessioner must incorporate environmental best management practices throughout its operation.

(a) Inventory of Waste Streams. The Concessioner must submit to the Service an inventory of all waste streams generated by the Concessioner under the Contract annually by February 1.

The waste stream inventory will include solid waste streams, hazardous waste streams, and items diverted for recycling, composting, or other such uses. Additionally, the waste stream inventory will be in appropriate detail to distinguish for specific materials, such as plastics and food waste, and will include any documents, reports, monitoring data, manifests, and other documentation required by applicable laws regarding waste streams.

(2) Environmental Reporting

(a) The Concessioner must submit to the Service at least annually, by March 1 an inventory of federal Occupational Safety and Health Administration (OSHA) designated hazardous chemicals used and stored in the Area by the Concessioner. The Service may prohibit the use of any OSHA hazardous chemical by the Concessioner in its operations under the Contract.

The Concessioner must obtain the Service’s approval before using any extremely hazardous substance, as defined in the Emergency Planning and Community Right to Know Act of 1986, in its operations under the Contract.

(b) The Concessioner will submit corrective action information related to inspections or environmental audits to the Service upon request.

(c) The Concessioner must submit to the Service copies of all documents, reports, monitoring data, manifests, and other documentation required under applicable laws to be submitted to regulatory agencies. The Concessioner must also submit to the Service any environmental plans for which coordination with Area operations are necessary and appropriate, as determined by the Service in accordance with applicable laws.

(3) Notwithstanding any other provisions of the Contract, the Concessioner is not banned from and will not be penalized for using plastic straws in its operations under the Contract. The Concessioner may not use paper straws in its operations under the Contract.

B) Risk Management Program

(1) Standards. The Concessioner must develop, implement, and maintain a Risk Management Program (RMP) in accordance with NPS Risk Management Program standards. The RMP must account for all Concessioner activities with potential safety impacts. The Concessioner must submit its documented initial RMP to the Service within 60 days of the effective date of Contract and must submit any revisions at least 30 days before implementation. The Concessioner must update its RMP as needed to comply with applicable laws.

(2) Emergency Response Plans and Reporting. The Concessioner must provide sufficient plans, procedures, equipment, and training to employees to enable them to respond to emergencies effectively and in accordance with applicable laws. Required plans must be included or referenced in the RMP and may include, but are not limited to, the following, depending on operational context (e.g., level of emergency response and the quantity of hazardous materials in either above-ground or underground storage tanks maintained by the Concessioner, etc.):

(a) Emergency Action Plan

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(b) Emergency Response Plan

(c) Structural Fire Management Plan

(d) List of AEDs for incorporation into Service AED plan

(e) Facility Response Plan

(3) Structural Fire Management. The Concessioner must include or reference plans, programs, and systems of inspection and training records, as described in the Maintenance Plan and in accordance with applicable International Fire Code and National Fire Protection Association codes and standards, in its RMP.

(4) Hazard Communication Plan. The Concessioner must submit to the Service its Hazard Communication Plan, prepared in accordance with applicable laws, within 120 days of the effective date of the Contract. This plan must be referenced as part of the Concessioner’s RMP.

(5) Firearms. The Concessioner is responsible for determining how it will comply with federal and state firearm possession laws within its operations. The Concessioner must provide the Service a written possession of firearms policy detailing how it will implement these laws within its operation for review and approval within 60 days of the effective date of the Contract and as updated. Concessioner employees must not carry firearms while on duty in the Area. The Superintendent, at their sole discretion, may grant exceptions to this prohibition in consideration of a written request from the Concessioner.

(6) Exculpatory Agreements

(a) The Concessioner may ask visitors (or their legal guardian if the client is under 18 years of age) participating in the Concessioner’s services identified below as “high risk” to sign exculpatory agreements that include a visitor acknowledgment of risk (VAR), waiver of liability (WoL), and indemnification clauses.

(b) “High risk” services under the Contract are the following: Guided Horseback Rides, Guided Carriage and/or Wagon Rides.

(c) The Concessioner’s exculpatory agreements:

(i) Must comply with applicable state and federal law and Service policy;

(ii) Must not waive liability or preclude claims against or require indemnifying the Concessioner for its gross negligence, recklessness, or willful misconduct; and

(iii) Must waive liability against the United States by including the following language:

a) “The undersigned further waives liability of the United States and acknowledges and agrees that the United States and its officers and employees are fully released from any liability for injuries, damages, or losses that the undersigned sustains as a result of or in connection with the undersigned’s participation in this activity.”

(d) The Service will not as a matter of standard practice, collect, review or approve the Concessioner’s exculpatory agreements. However, the Service reserves the right to review the Concessioner’s exculpatory agreements and any modifications or replacements of the agreements at any time during the term of the Contract and require any revisions to ensure all the requirements of Service policy are met. The Service also reserves the right to require changes to Concessioner’s exculpatory agreements or, to the extent permitted by law, revoke the Concessioner’s allowance to use exculpatory agreements, if the Service determines the agreements are not compliant with Applicable Laws or Service policy. Any determination by the Service that a Concessioner’s exculpatory agreement is policy-compliant does not convey the Service’s view that the agreement is valid, enforceable, or otherwise endorsed by the Service for any purpose.

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C) Resource Protection

(1) Integrated Pest Management

a) The Concessioner must develop and implement an integrated pest management (IPM) program to manage invasive and nuisance species at Concession Facilities. The Concessioner must provide its documented IPM program to the Service within 120 days of the effective date of the Contract and as updated. The Concessioner’s IPM program must be received by the park concession specialist and approved by the Area’s IPM coordinator. The Service may conduct IPM inspections covering vector control and exclusion practices, pesticide application practices, and other aspects related to pest management.

b) Carpenter bee traps may be utilized if populations are impacting health and safety of visiting public and causing excessive damage to structures. Traps are only allowed to be placed from the 1st of March to the 1st of August. After this time window they must be removed. Clear Jar type traps will need to be cleaned monthly. Traps must be hung at least 20 feet from main entrance of facility. No baits are allowed in traps.

(2) Wildlife Interaction

(a) The feeding of wildlife within the Area is prohibited.

(b) The Concessioner must not display food in such a manner that may imply approval or encouragement of the feeding of wildlife.

(c) Concessioner staff must comply with NPS wildlife interaction notification protocols.

(d) The Concessioner must ensure food, potential attractants, trash, and recycling containers are wildlife proof; and must receive Service approval of all containers before use.

(e) The Concessioner must post signage within the Concession Facilities that prohibits unattended food outdoors. See Section 4) D) General Operating Standards and Requirements, Public Information,’ for sign requirements.

(3) Cultural and Archeological Resources

(a) The Concessioner must ensure protected sites and archaeological resources within the Area are not damaged or disturbed by the Concessioner, its employees, agents, or contractors, except in accordance with applicable laws and with the prior written approval of the Service.

(b) The Concessioner must report discoveries of any archeological resources immediately to the Service.

(c) The Concessioner must cease work or other disturbance that may impact any protected site or archeological resource until the Service grants approval, upon such terms and conditions as the Service deems necessary, to continue such work or other disturbance.

(4) Smoking Policy. All Concession Facilities are designated as non-smoking in accordance with the CS Guide 6.15.2 and Director's Order 50D

D) Property Management

(1) Lost and Found. The Concessioner must establish a lost and found policy. The Concessioner must submit this policy to the Service for approval within 60 days of the effective date of the Contract and as updated. This policy must address how the Concessioner will handle lost and found or unattended property. Procedures must conform to NPS guidelines found in Personal Property Management Handbook #44.

(2) Concessioner Vehicles

(a) All vehicles used to perform services under the Contract must be registered and licensed in accordance with all applicable laws.

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(b) The Concessioner must ensure operators of all Concessioner vehicles must have a valid state operator’s license for the size and class of vehicle driven.

(c) The Concessioner must ensure Service-approved designated areas are used to park and store its trailers, vehicles, and equipment in a safe, organized manner. The Concessioner must maintain unobstructed means of egress from all such areas.

(d) Concessioner vehicles used in the Area must display the Concessioner’s name and logo.

(e) The only vehicle maintenance allowed within the Area is topping off fluids in area(s) the Service designates for maintenance. All other vehicle maintenance activities must take place outside the Area.

(3) Abandoned Property. The Concessioner must take necessary and appropriate steps to remove and dispose of abandoned property found within Concession Facilities in accordance with applicable law and Service policy in a timely manner. The Concessioner must not store non-functioning or unserviceable equipment (including vehicles) within the Area. The Concessioner must notify the Service as soon as practicable of abandoned vehicles within the Concession Facilities. The Concessioner must tow abandoned employee vehicles at the expense of the owner, or if the owner cannot be located, at the expense of the Concessioner.

E) Visitor Satisfaction

(1) Visitor Satisfaction Surveys

(a) The Concessioner must establish a Service-approved visitor satisfaction survey. The Concessioner must submit its plan for this survey to the Service within 60 days of the effective date of the Contract. The survey may consist of electronic or hard-copy (e.g., comment cards) surveys depending upon which survey medium best suits the location and services being monitored. The survey must monitor visitor satisfaction with service standards, perceived value, and overall visitor satisfaction.

(b) The Service is developing standard visitor satisfaction questions. Once developed, the Concessioner must include these questions in its visitor satisfaction survey and make results available to the Service.

(c) The Concessioner must have an adequate supply of comment cards, or, if using an electronic system, information available on accessing the survey.

(2) Visitor Complaints. The Concessioner must respond to all visitor complaints received through its established visitor satisfaction survey or forwarded to the Concessioner by the Service.

(a) The Concessioner must provide the visitor with an initial response within 48 hours to, at minimum, acknowledge receipt.

(b) The Concessioner must investigate and begin resolving all visitor complaints regarding its services within five business days of receipt. Copies of the initial complaint, the Concessioner’s response, and any supporting documentation must be provided to the Service within five business days of the complaint, and the Service will copy the Concessioner on any response it makes to the visitor.

(c) The Service will forward to the Concessioner any complaints received regarding the Concessioner’s operations.

(3) Upon receipt, the Concessioner must provide copies to the Service of any visitor comments that allege misconduct by a Concessioner or NPS employee, or that pertain to the safety of visitors or the safety of Area resources.

F) Purchasing

The Concessioner may make purchases from a facility operated or owned by the Concessioner or its related entities, provided that the product is comparable in quality and price to equivalent products manufactured by unrelated suppliers.

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G) Protection and Emergency Services

(1) Law Enforcement

(a) Concessioner

(i) The Concessioner must comply with emergency and operational reporting requirements detailed in the “Reporting Requirements” section of this Operating Plan.

(ii) The Concessioner must secure the Concession Facilities and government personal property assigned to it under the Contract.

(iii) The Concessioner may be required to provide security guards during periods of escalated concern at Concession Facilities.

(iv) Concessioner-employed security personnel have no authority to take law enforcement action or to carry firearms. The Concessioner must report security violations immediately to the Service.

(b) Service

(i) The NPS provides visitor protection services within the Area, including responding to emergencies involving public safety, civil disturbances, and violations of the law.

(ii) The NPS handles all violations of NPS regulations and applicable federal, state, county, and city laws and ordinances within its jurisdiction.

(2) Emergency Medical Care

(a) Emergency medical services (EMS) are provided concurrently with the NPS and other local authorities.

(b) Concessioner

The Concessioner must maintain basic first aid supplies in Concessioner vehicles and at all Concession Facilities occupied by the public or used as Concessioner employee workspaces or communal housing.

(i) The Concessioner must maintain employee EMS certifications and training documentation if such certifications are required for the Concessioner’s provision of the required and authorized services. The Concessioner must provide this documentation when requested by the Service.

(ii) The Concessioner must train all its employees in proper emergency reporting procedures, including how to provide essential information (e.g., a call back number at their location) to facilitate the dispatch of rangers and emergency personnel.

(c) Service. The NPS may review or investigate all visitor and Concessioner employee incidents that require emergency response.

H) Human Resources

(1) Personnel List and Identification

(a) The Concessioner must provide to the Service a contact list of key management personnel within 30 days of the effective date of the Contract and annually by March 1.

(b) The Concessioner must immediately notify the Service of any changes and provide the Service an updated contact list.

(c) All Concessioner staff should be identifiable as employees of the Concessioner, including back-of-house and maintenance personnel, if applicable.

(2) Employee Hiring Procedures and Policies.

The Concessioner will submit to the Service within 60 days of the Contract effective date and as updated, a copy of its hiring policies, which address, at minimum, the following requirements:

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(a) Drug-free Awareness and Testing. The Concessioner must provide its employees with a statement of its policies regarding drug and alcohol abuse and conduct educational program(s) for its employees to deter drug and alcohol abuse. The Concessioner must require any employee who is in a safety-sensitive position (i.e., a person who is in a position where a lapse in attention could lead to serious injury, death, or property damage) to participate as appropriate in pre-employment and random drug testing. The Concessioner must make results of employee drug testing available to the Service upon request.

(b) Background Checks. The Concessioner must ensure background checks are performed on all employees as appropriate for the position. These may include wants/warrants checks, local criminal history checks, federal criminal records checks, national multi-jurisdictional database and sexual offender searches, social security number traces, and driving history checks. The Concessioner must not hire an employee with any active wants or warrants (current fugitive from justice). The Concessioner must make available, upon request, the type and status of background investigations conducted on employees to the Area Chief Ranger’s Office. The Concessioner must require prospective employees to allow the release of their background check information to the Service and make them aware of this possible release of information in advance of hire.

(c) NPS Employees. Department of Interior (DOI) ethics regulation 5 C.F.R. § 3501.105(b) requires that Service employees obtain written approval from an ethics counselor before engaging in outside employment with a prohibited source. This approval is documented on DOI form DI-7010. The Concessioner must not employ in any status an NPS employee who has not obtained written approval through the DI-7010 process. Because NPS employees may not work on any matter involving a business in which they, their spouse, or their minor children have a financial interest, it may not be feasible for NPS employees with management and oversight responsibilities of concession operations (including concession specialists, superintendents, and NPS management staff) to receive ethics clearance to continue to work on matters related to the Concessioner when their spouse or minor children work for the Concessioner. The Concessioner should retain a copy of any approved DI-7010 forms in their files.

(d) Employee Area Parking Tags

(i) The Concessioner must obtain Area parking tags for its permanent and seasonal employees.

(ii) The Concessioner must maintain a tracking system for parking tags that are issued and ensure appropriate distribution.

(iii) Area parking tags are to be used for official business associated with the concession, and the Concessioner must ensure all parking tags are surrendered upon termination of employment.

(3) Training

The Concessioner must develop and provide appropriate training to employees as required by all applicable laws and Service policies and standards (e.g., CS Guide, service standards, etc.). The Concessioner must maintain records of all employee training and must provide those records to the Service upon request. In addition, the Concessioner must provide the following training:

• Orientation Training. The Concessioner will provide introductory Area training to all new hires using qualified and certified staff. The Concessioner must orient its managers to Service evaluation and rate policies, as outlined in the Concessions Management Guidelines. The Concessioner must provide training regarding Area resources, visitor attractions, and visitor services for all employees who interact with the public. Training must incorporate information provided by the Service specifically for this purpose, if any.

• Hospitality and Customer Service Training. The Concessioner must provide hospitality and customer service training for employees who have direct visitor contact.

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• Interpretive Training. The Concessioner will provide interpretive skills training for all employees who provide interpretive, informational, and safety information and services.

Concession employees who will provide these services are encouraged to attend the seasonal orientation program provided by the Service for its resource education employees. This training is usually offered the first two weeks after Memorial Day and includes up-to-date resource information and interpretive skills training. The Service may be able to provide limited training for employees on-site at Smokemont Riding Stables at a time that is determined to be mutually convenient.

• Safety Training. The Concessioner must train its employees according to the training requirements in its Risk Management Plan.

• Environmental Training. The Concessioner must train its employees according to the training requirements in its Environmental Management Program

• Emergency Medical Training. The Concessioner must ensure staff involved with Guided Horseback Rides and Guided Wagon and/or Carriage rides have a current CPR and First Aid (or higher) certification on file and available to the Service upon request. The Concessioner is encouraged to allow all other employees to attend emergency medical training, including CPR and First Aid courses.

• Wildlife, Fish, and Vegetation Management. The Concessioner will provide Service-approved training in fish, wildlife, and vegetation management, including measures to prevent wildlife species from becoming habituated to human foods.

• Service Provided Training. The Concessioner must encourage and allow its employees to attend any Service-sponsored training relating to the Area. Employees, especially managers, may attend other Service training as space permits and determined appropriate by the Service. The Concessioner will pay employees their standard wages for attending Service-sponsored training.

(4) Employee Handbook

The Concessioner must develop an employee handbook and provide each of its employees with a copy. The handbook will contain the policies and regulations of the Service and the Concessioner that pertain to the Concessioner’s employees and contain information that ensures the Concessioner’s employees understand the requirements of this Operating Plan. The handbook will convey the requirement that employees adhere to all applicable laws while in the Area. The Concessioner’s employee handbook must include anti-harassment policies and reporting guidelines. The Concessioner must provide a copy of its employee handbook to the Service for review within 60 days of the effective date of the Contract and at least 30 days before publication and distribution of any updates to employees.

(5) Organized Labor Activity

The Concessioner is required to comply fully with the National Labor Relations Act (NLRA), 26 U.S.C. §§151-169, and the applicable rules, regulations, and orders of the Secretary of Labor.

The NLRA prohibits employers from interfering with, restraining, or coercing employees in the exercise of their rights relating to organizing, forming, joining, or assessing a labor organization for collective bargaining purposes; working together to improve terms and conditions of employment; or refraining from any such activity. Similarly, labor organizations may not restrain or coerce employees in the exercise of these rights.

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(6) Volunteers-in-Parks (VIP) Program

The Concessioner must permit its employees to participate in the NPS VIP program. More information on the VIP program can be found on the NPS website and at the Area website at http://www.nps.gov/grsm/supportyourpark/volunteer.htm.

I) Structure Fire

(1) Structural Fire Protection. The NPS has primary responsibility for fire response. It is the responsibility of the Concessioner to follow all Service-adopted fire prevention codes to provide a safe environment for its employees and visitors to ensure all structures are protected against the risk of fire. Specific requirements for structural fire protection responsibilities are identified in Director’s Order (DO) 58 and Reference Manual (RM) 58.

(a) Service

(i) The Service may conduct fire safety inspections at its discretion, including audits of the Concessioner’s fire management plan. The Service may contact the Concessioner at the time of the inspections so that a representative of the Concessioner may accompany the Service inspector.

(ii) The Service reserves the right to conduct periodic prescribed burns according to the NPS’s fire management plan around concession operations.

(b) Concessioner

(i) The Concessioner is responsible for fire prevention and protection within the Concession Facilities and must prepare a fire management plan addressing how the Concessioner will comply with all code and policy requirements of the Contract per DO-58 and RM-

58. The plan must identify who will be responsible for each element of the plan. The Concessioner must document and submit to the Service the results of its annual fire and life safety inspection and annual inspection and testing of fire protection systems, including but not limited to automatic fire alarm and suppression systems per RM-58.

(ii) The Concessioner’s operations must comply with the International Fire Code (IFC) and National Fire Protection Association (NFPA) codes or standards it references as well as all other codes, standards, and policies adopted by DO and RM-58.

(iii) The Concessioner must designate a Structural Fire Coordinator per RM-58 to ensure the Concessioner's compliance with its fire program responsibilities.

(iv) The Concessioner’s fire prevention, structural fire, wildland fire, and life safety plans and procedures must be prepared per applicable laws, integrated within the Concessioner’s Risk Management Program, and made available to the Service upon request.

(v) All plans and documents for new construction or building alterations must be prepared following RM-58 and approved by the designated Fire Code Official (FCO).

(vi) The Concessioner must conduct applicable fire prevention awareness training, including portable fire extinguisher training, for its staff as required by RM-58, as it may be amended, supplemented, or superseded throughout the term of the Contract.

(vii) Concessioner employees engaged in Area structural fire suppression programs must meet the training and certification requirements specified in DO and RM-58.

(viii) Inspections. The Concessioner must conduct the following inspections related to fire and life safety for Concession Facilities:

a) A comprehensive life safety and fire protection risk assessment of the property in compliance with all applicable laws (including IFC, NFPA and RM-58) by a licensed fire protection engineer within 60 days of the effective date of the Contract and every five (5) years thereafter. A report of inspection must be submitted to the Service within 30 days of the inspection.

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b) The Concessioner must ensure all required inspection, testing, and maintenance (ITM) of fire protection equipment and systems are performed by qualified personnel and accurately tracked in the system of record for all Concession Facilities.

The Service has adopted the IFC, and the Service directly adopted NFPA standards for fire suppression operations, firefighter training, and certifications with exceptions and modifications as noted in RM-58. All ITM requirements listed below are based on the IFC and where referenced current editions of the NFPA standards – where the standards have changed, current standards must be complied with in lieu of the schedule set forth below:

• Portable fire extinguishers (NFPA 10 requirements as indicated in IFC Table 901.6.1): The Concessioner must inspect all portable fire extinguishers within 30 days following the effective date of the Contract and monthly thereafter.

Reports must include information on monthly inspections, annual inspections, internal maintenance, and hydrostatic testing. Reports of these inspections must be provided to the Service upon request.

• Fire suppression systems: Within 30 days following the effective date of the Contract and annually thereafter, the Concessioner must inspect each type of system in accordance with applicable code requirements. Reports of these inspections and corrective actions taken on deficiencies must be provided to the Service upon request.

♦ Water-Based Suppression Systems (NFPA 25 requirements as indicated in IFC Table 901.6.1)

♦ For any other type of fire suppression system not listed above, the Concessioner must ensure they are inspected following the applicable code requirements such as the IFC and NFPA.

• Fire alarm systems (NFPA 72 requirements as indicated in IFC Table 901.6.1): The Concessioner must inspect all fire alarm systems within 30 days following the effective date of the Contract and annually thereafter. Reports of these inspections and corrective actions taken on deficiencies must be provided to the Service upon request.

(ix) In conducting any construction, alteration, and demolition activities, the Concessioner is responsible for maintaining levels of fire protection, limiting fire spread, establishing the appropriate operation of equipment, and promoting prompt response to fire emergencies under IFC Chapter 33 Fire Safety During Construction and Demolition and NFPA 241 as required for items not specifically addressed by the IFC.

(x) The Concessioner is responsible for limiting fire hazards by maintaining good housekeeping practices. The Concessioner must maintain records that note deficiencies along with the corrective actions taken. The Concessioner’s annual compliance inspection must include the basic fire and life safety requirements outlined in RM 58 and all relevant portions of the IFC (including Section 1008 – emergency lighting and exit signs and Section 906– fire extinguishers). Written records must be maintained verifying the completion of such inspections throughout the term of the Contract and provided to the Service upon request.

J) Utilities

(1) Concessioner

(a) The Concessioner must contract with independent suppliers to provide utility services not provided by the Service. The Concessioner must pay for these services on or before the payment due date.

(b) The Concessioner must participate in energy audits and incentives if offered by its electricity provider.

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(2) Service

The Service provides no utilities at Smokemont Riding Stables.

4) GENERAL OPERATING STANDARDS AND REQUIREMENTS

A) Schedule of Operations

(1) Minimum Operating Season and Hours. The Concessioner must provide the required services under the Contract in accordance with the minimum operating season hours outlined as follows:

Service Season Operating Season and Dates

Minimum Hours of Operation

Guided Horseback Rides, Wagon and/or Carriage Rides, Souvenirs

April 1 – October 31 April 1 – October 31 9:00 a.m. – 4:30 p.m.

Vending April 1 – October 31 April 1 – October 31 24 hours

Firewood and Ice April 1 – October 31 June 1 – August 31

Other Dates During Season

9:00 a.m. – 9:00 p.m.

9:00 a.m. – 6:00 p.m.

Camper Convenience Items

April 1 – October 31 April 1 – October 31 9:00 a.m. – 4:30 p.m.

(2) Allowable Operating Seasons and Hours for Authorized Services. The Concessioner may provide the authorized services under the Contract in accordance with the allowable operating season and hours outlined below but must provide the Service with a notice of intent to provide the services, to include an outline of its plan to provide services subject to Superintendent review, at least 30 days before operations may begin. This notice is necessary to ensure the Service has sufficient time to make operational preparations.

Service Season Operating Season and Dates

Minimum Hours of Operation

Souvenir Photography April 1 – October 31 April 1 – October 31 9:00 a.m. – 4:30 p.m.

(3) Proposed Schedule of Operations. The Concessioner must provide its proposed schedule of operating season(s) and hours of operation by service and location for Service review and approval, annually by September 1. If the Concessioner seeks to reduce minimum operating season dates and hours of operation, the Concessioner must submit a formal request in writing to the Service and may not implement such changes until receiving the Superintendent’s written approval.

(4) Holidays. The Concessioner must operate during the following holidays: Memorial Day, Juneteenth National Independence Day, Independence Day, Labor Day, and Columbus Day.

(5) Closures.

(a) The NPS may require an occasional closure, delayed opening, or early closing due to weather, natural disasters, utility work or projects to repair infrastructure, and similar

CC-GRSM007-27 Exhibit B: Operating Plan Page B-12 occurrences. The NPS will provide reasonable notice to the Concessioner of any scheduled work. Emergency work may occur without notice.

(b) Notwithstanding the minimum operating season and hours specified above, there may be times when the Concessioner will close or not offer all required and authorized services as a result of inclement weather, emergency situations, or other unusual circumstances. In general, the Concessioner will be expected to provide services in accordance with the approved operating season and hours unless it is reasonably anticipated that inclement weather, emergency situations, or other unusual circumstances would result in unsafe conditions or preclude providing satisfactory services to the public.

(c) Whenever there is a question as to whether conditions justify a closure or cancellation of services, the Concessioner should consult with the Concessions Management Specialist prior to initiating this action.

(d) In the event of inclement weather, emergency, or unusual circumstances that requires a sudden unscheduled closure, the Concessioner must notify the Park Communication Center (865-436-9171). The Concessioner also must notify the Concessions Management Division of unscheduled closures as soon as is possible.

(e) If the concession operation is closed, the Concessioner must make every reasonable effort to notify its patrons of the closure, duration, and reason for the closure. Additionally, the Concessioner must post a notice at the concession entrances or office advising the public of the duration of the closure and reason for the closure.

(6) Pre- and Post-Season Meetings. The Concessioner must attend a pre-season meeting with the Service to review this Operating Plan and to discuss planned operations for the season, and a post-season meeting with the Service to review the completed season's operation.

B) Rate Determination and Approval Process

(1) Rate Determination. All rates and charges to the public by the Concessioner must comply with the provisions of the Contract. The Service ensures the Concessioner’s rates and charges to the public are commensurate with the level of services and facilities provided under the Contract, and are reasonable, justified, and comparable with similar services and facilities provided by the private sector. The reasonableness of rates is determined based upon applicable laws and current concession rate approval policies and guidelines documented in the NPS Concession Management Rate Administration Guide (“Rate Administration Guide”) as it is amended, supplemented, or superseded.

(2) Rate Approval Methods. The Concessioner must set rates or submit all rate requests in accordance with the Rate Administration Guide and with the following rate approval methods by service type:

Facility and Location Service Classification Rate Approval Method Retail

Souvenirs, Souvenir Photography, Vending, Firewood and Ice, Camper Convenience Items

Retail Competitive Market Declaration

Activities Guided Horseback Rides, Carriage and/or Wagon Rides

Horse and Mule Competitive Market Declaration

(3) Changes to Rate Approval Methods

(a) Changes initiated by the Service. Changes in market conditions may result in the Service modifying the rate approval method for any service types offered under the Contract. If the

CC-GRSM007-27 Exhibit B: Operating Plan Page B-13

Service changes the rate approval method to comparability or core, the Concessioner will be notified by the Service of such a change at least 60 days in advance to allow for preparation of a rate request. The Service will provide sufficient notice of a change to rate approval methods for all other methods. The Service reserves the right to set interim reasonable and appropriate rates during the transition period to a different rate approval method.

(b) Changes requested by the Concessioner. The Concessioner may request a change to rate approval methods but must submit a request to change the rate approval method for a service at least 60 days prior to the next rate request due date for that service, if applicable.

A Concessioner request to change rate approval methods must include the following information:

(i) An analysis of market forces criteria, including:

a) A list of competitors who provide reasonable substitutes of the Concessioner’s service.

b) A review of the similarity of competitor services.

c) Identification of travel time/distance to competitors/the competitive market.

d) Availability of Concessioner and competitor rate/price information to visitors planning trips or shopping service options.

e) The criticality of the nature of the service to visitors.

(ii) For requests to use Competitive Market Declaration (CMD): A description of the Concessioner’s planned rate setting strategy including its understanding of market position and variance with competitor rates.

(iii) For requests to use CMD: The Concessioner’s proposed monitoring plan, including occupancy/utilization data and visitor satisfaction information.

(iv) For requests to use CMD: The Concessioner’s proposed financial offsets as described in the Rate Administration Guide Addendum Version 1.0 March 2024.

(4) Interim Implementation. Once the Service deems a request to change rate approval methods or a rate request complete, the Concessioner may notify visitors making reservations 90 or more days in advance of the anticipated rates subject to review. If the Concessioner’s anticipated rates are not approved, the Concessioner must refund the difference to the visitors except as described below under “Rate Implementation when Service Approval is Delayed.”

(5) Rate Approval Method and Rate Request Approval Timeframes

(a) Within 20 days of receipt of the request to change rate approval methods or a rate request (as applicable), the Service will provide the Concessioner with a written determination that the request is complete or, if not, a description of the information required for the request to be determined complete.

(b) For requests that do not require a full comparability study, the Service will inform the Concessioner of the approval or the reason for any disapproval or adjustment within 10 days of determining that the request was complete.

(c) If the request requires a full comparability study, the Service will inform the Concessioner of the approval of the rates or the reason for any disapproval or adjustment within 30 days of the Service determining that the request was complete.

(d) If the Service requires a longer response period due to extraordinary circumstances, the Service will inform the Concessioner and provide an expected response date.

(e) Rate Implementation when Service Approval is Delayed. If the Service does not meet the timeframes described above and has not notified the Concessioner in writing of extraordinary circumstances that justify delay, the Concessioner may implement the requested rates without a final, written decision from the Service. If the Service denies the requested change to rates or rate approval methods after the Concessioner implements the

CC-GRSM007-27 Exhibit B: Operating Plan Page B-14 requested rates or rate approval method, the Concessioner is not required to retroactively adjust rates for services booked prior to the denial.

(6) Management of Rates under the CMD Rate Approval Method. The Concessioner is permitted to set and change rates based upon what the Concessioner determines the market will bear for service types approved under the CMD rate approval method.

(a) Rate Adjustment. The Concessioner may adjust rates of CMD and non-core services without prior notification to or written approval from the Service.

(b) Concessioner Rate Monitoring Plan. Within 60 days of the effective date of the Contract, and as updated, the Concessioner must submit a rate monitoring plan that includes its rate setting strategy regarding how it will price against competitors and initiate its own adjustments to rates in response to changes in competitor rates, occupancy, and visitor satisfaction levels, and what thresholds, standards, or benchmarks it will use as actionable trigger points. The plan must also describe the type, source, and scope of available data, occupancy/utilization information, and visitor satisfaction information it will supply to the Service. The Concessioner’s rate monitoring plan is subject to Service approval. The Concessioner’s plan must describe a variety of monitoring components, including:

(i) Monitoring by service type

(ii) Competitors by service type

(iii) How it will track competitor pricing

(iv) What its strategy is for pricing against competitors

(v) How it will monitor utilization

(vi) How it will monitor visitor satisfaction

(c) Service Rate Monitoring. The Service will monitor the Concessioner’s rates to verify that rates remain reasonably like those of competitors, that utilization (occupancy) remains similar to prior periods and does not decline due to rates and charges, and that visitor satisfaction data demonstrate visitors are satisfied with the Concessioner’s services. Rate monitoring will be conducted by visitor service category using Concessioner data provided in accordance with Operational Reporting Requirements outlined in this Operating Plan and available data on the Concessioner’s competitors.

(7) Posted/Published Rates and Compliance. The Concessioner must prominently post or publish all rates for the visitor services it provides. Published rates must not exceed any respective maximum rates approved by the Service, if applicable. Posting and publishing of rates may include, but is not limited to, the Concessioner’s website and telephone reservation systems, and third-party booking agents’ websites and reservation systems. Third-party companies (travel agencies, online booking engines, etc.) that are selling services for the Concessioner must sell those services at or below any Service-approved maximum rate, if applicable. The Concessioner must include any service fee or commission that the third-party charges in the approved maximum rate.

(8) Reduced Rates for Government Employees. The Concessioner must provide reduced rates to federal government employees conducting official government business when the federal government is obligated to pay for the service or reimburse the federal government employee.

The Concessioner may not provide reduced rates for services to federal government employees who are not on official business, or to their families, unless such rates are equally available to the general public.

(9) Discounted Items. If the Concessioner offers an item or service at less than optimum condition (because of unavailable amenities, or because of poor service or other conditions), it must discount the item.

(10) Deposit and Cancellation Policies. The Concessioner may develop reservation procedures, including rates for deposits and cancellations, which are patterned after industry standards or those of businesses in the local market that serve as comparables or competitors to the Concessioner.