10-Attachment C Scope of Services - as.docx

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AS27-122 Willard Bay State Park Concession Operations
Solicitation number
AS27-122
Issued by
Utah

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Summary

This is a Detailed Scope of Services attachment for concession operations at Willard Bay State Park issued by the State of Utah Division of State Parks. The State of Utah seeks a single contractor to provide motorized watercraft rentals and operate a floating inflatable Aqua Park within designated service areas at the park. Core services are limited to these two commercial categories within approved operational footprints shown on attached maps. The concessionaire must maintain a modern fleet of personal watercraft and multi-passenger powerboats or pontoon vessels, provide certified lifeguard supervision for the Aqua Park, and operate both services from Memorial Day weekend through Labor Day weekend with baseline hours from 9:00 AM to 7:00 PM daily. All rental vessels must comply with Utah boat livery permit requirements, include U.S. Coast Guard-approved life jackets at no charge to customers, and meet annual safety inspection standards. The contract term is five years with one five-year renewal option, and the vendor must guarantee its concession fee for the initial five-year period.

The concessionaire is responsible for acquiring all personal property, maintaining equipment in first-class condition, and bearing all operational costs including fleet fueling, maintenance, utilities within reasonable limits, and environmental remediation for fuel spills. A Performance Bond or Irrevocable Letter of Credit of $20,000 is required and must be maintained continuously throughout the contract term. The concessionaire must comply with strict environmental and aquatic invasive species prevention protocols, provide liability waivers approved by State Risk Management that release both the State of Utah Division of State Parks and the Bureau of Reclamation from liability, and name the Bureau of Reclamation as an additional insured on all commercial liability policies. The Division retains non-exclusive land and water use rights, authority to temporarily or permanently modify the concession service area without financial liability, and exclusive rights to non-motorized watercraft rentals, retail operations, slip rentals, public fueling, and vessel storage. All operations are subordinate to Bureau of Reclamation purposes and subject to federal closure authority for infrastructure maintenance or national security.

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CONCESSION OPERATIONS AT WILLARD BAY STATE PARK

ATTACHMENT C: DETAILED SCOPE OF SERVICES

SECTION A: GENERAL OPERATIONAL REQUIREMENTS

CONCESSION SERVICE AREA: The designated CONCESSION SERVICE AREA footprints within Willard Bay State Park are strictly tied to the approved operational maps attached to this contract:

a. Core Service Footprint (Map 1): On the effective date of this contract, the Concessionaire is authorized to operate within the established commercial zones designated on Map 1. This footprint includes assigned marina staging areas for temporary mobile check-in kiosks, motorized rental vessel slips/staging, boat launch access, and the designated open-water footprint for the floating inflatable Aqua Park.

b. Contingency Aqua Park Footprint - Willard Peak Pond (Map 2): To ensure operational continuity during periods of low reservoir water levels or Bureau of Reclamation (BOR) infrastructure maintenance, the Concessionaire is authorized to deploy the floating inflatable Aqua Park (including a temporary mobile check-in and life jacket distribution station) within the designated Concession Service Area at Willard Peak Pond. Deployment or seasonal relocation to Map 2 requires prior written review and approval from the Park Manager. The specific operational layout, anchoring grid, and mobile staging location within this boundary will be determined upon contract award and requires written authorization from the Park Manager prior to installation.

c. Boundary Precedence and Adjustments: All boundaries indicated on the attached concession maps are subject to final adjustment and formal mapping approval by the Division and the Bureau of Reclamation (BOR).

CONCESSION PREMISES, PROPERTY & INVENTORY: The Concession Premises is the specific physical footprint within the broader Concession Service Area where the Concessionaire establishes its temporary operational presence. The Concessionaire shall use assigned staging zones, mobile check-in spaces, and designated water zones solely to provide the authorized products and services described herein.

At its own expense, the Concessionaire shall acquire all personal property needed to operate the concession and perform this contract. The Concessionaire shall have rights of ownership or possession of this personal property and shall be responsible for maintenance and repairs of its own property, as well as repairs to any Division personal or real property damaged as a result of the acts of the Concessionaire, its employees, or its customers.

d. First-Class Condition: The Concessionaire shall at all times maintain all property, rental vessels, and mobile structures in a first-class manner throughout the term of this agreement. The term "first-class" shall mean free from any defects, in a safe condition, clean, or otherwise maintained to the complete satisfaction of the Division.

e. Storage Restrictions: The Concessionaire shall store all personal property (including motorized vessels, personal watercraft, trailers, floating Aqua Park modules, and mobile kiosks) strictly within the designated Concession Premises and Concession Service Area. Staging or storing commercial equipment outside designated areas is prohibited, except for reasonable, short-term accommodations necessary to launch, recover, or prepare equipment for seasonal use.

f. Bi-Annual Property Inventory: The Concessionaire shall maintain a comprehensive inventory identifying all temporary structures, vessels, floating equipment, and staging fixtures owned by the Concessionaire within the park. This list must be provided to the Park Manager and formally reviewed and updated every six (6) months during concession management conferences.

g. Mandatory 14-Day Cure Notice: If the Park Manager notifies the Concessionaire that any aspect of the Concessionaire's property does not meet the requirements of this provision, the Concessionaire shall correct the problem within fourteen (14) calendar days of that notice.

h. Material Terms of Agreement: The Concessionaire explicitly understands and agrees that the obligation to maintain all property in a first-class manner, and the obligation to store all personal property strictly within the identified boundaries, are material terms of this agreement.

NON-EXCLUSIVE LAND USE & PUBLIC ACCESS: The Concessionaire's use of the Concession Service Area shall be strictly non-exclusive. The premises remain public land and water, and the Concessionaire's operations must remain fully compatible with daily use by park visitors, recreational boaters, and Division employees. The Division and the Bureau of Reclamation (BOR) explicitly reserve the right to access all areas of the concession footprint at any time for inspections, emergency response, resource management, facility maintenance, or construction. Furthermore, the Division reserves the right to temporarily or permanently alter, reduce, or reconfigure the Concession Service Area to accommodate public infrastructure projects, water level fluctuations controlled by the BOR or Weber Basin Water Conservancy District, or park safety operations, without financial liability or damages owed to the Concessionaire.

COMMERCIAL SERVICE EXCLUSIVITY (NON-COMPETE): While land and water use is non-exclusive, the core commercial service privilege is exclusive to the Concessionaire within the designated concession footprint. The Division will not contract with or permit another third-party commercial vendor to operate motorized watercraft rentals or a commercial inflatable Aqua Park within the Concessionaire's designated footprint during the active term of this contract.

i. Retained and Excluded Services: Non-motorized watercraft rentals (such as kayaks, canoes, and paddleboards), retail store operations, slip rentals, public fueling, and vessel storage are explicitly retained by the Division or excluded from this contract.

j. Reservation of Permit Rights: The Division retains the unrestricted right to grant permits, licenses, or authorizations for other distinct commercial activities, special events, mobile food vending, or public recreational services within Willard Bay State Park that do not directly conflict with the core motorized rental and aqua park operations.

BUREAU OF RECLAMATION (BOR) PROVISIONS: This contract is subject to the master cooperative management agreement between the Division and the United States Bureau of Reclamation (BOR). The Concessionaire's operations are strictly subordinate to federal project purposes and subject to the following:

k. Superior Rights: BOR's rights are superior; Concessionaire operations are subordinate to BOR reservoir operations and flood control purposes, including National Environmental Policy Act (NEPA) compliance for any ground-disturbing activity.

l. Data Rights: BOR may request annual visitor usage data, financial reports, and operational plans.

m. Closure Authority: BOR or the Division may temporarily close reservoir areas for safety, infrastructure maintenance (such as siphon or dam repairs), or national security. The Concessionaire must comply immediately with all closure directives and holds no claim for damages against the State of Utah or the Federal Government.

n. Insurance Naming: The Concessionaire shall explicitly name the "Bureau of Reclamation" as an additional insured on all commercial liability policies.

o. Signage Limitations: Use of the official BOR seal, logo, or tagline on vendor signage or promotional material is strictly prohibited.

BUREAU OF RECLAMATION (BOR) INDEMNITY: The Concessionaire shall indemnify and hold harmless the United States and the Division from all damages, claims, or suits arising out of any act, omission, or misconduct in the performance of duties under this Contract. This provision does not waive any defense available to the State of Utah under the Governmental Immunity Act of Utah (Utah Code § 63G-7-101).

LAND AND WATER CONSERVATION FUND (LWCF) RESTRICTIONS: The Concessionaire acknowledges that portions of Willard Bay State Park may be encumbered by restrictions set forth by the Land and Water Conservation Fund Act (LWCFA) of 1965 (P.L. 88-578; 36 CFR Part 59). Concession activities shall not prevent or unalterably burden open public recreation and leisure access on these encumbered park lands.

TEMPORARY & MOBILE INFRASTRUCTURE STANDARDS: To protect park lands and maintain operational flexibility, no permanent buildings, concrete footings, or fixed real-property structures shall be constructed on the Concession Premises. All check-in kiosks, ticket booths, and storage shacks provided by the Concessionaire shall be strictly mobile, modular, or skid-mounted units.

p. Mobile Design: Structures must be easily towable or transportable and placed in locations pre-approved in writing by the Park Manager without disturbing asphalt or park soil.

q. Aesthetics and Branding: All mobile units must present a clean, professional, and well-maintained appearance that complements park facilities. All exterior signage must adhere to Division branding guidelines and receive prior written approval from the Park Manager before installation.

r. Mandatory Removal: Upon contract expiration, non-renewal, or termination, the Concessionaire shall remove all mobile kiosks, temporary staging assets, and vendor property within thirty (30) calendar days, restoring the area to its pre-operational condition at the Concessionaire's sole expense.

UTILITY SYSTEMS & LIABILITY WAIVER:

s. Self-Containment & Connections: Temporary kiosks and operational structures must be self-contained or utilize temporary, quick-disconnect utility hookups approved in writing by Park Management.

t. Liability Waiver: The Concessionaire explicitly waives all claims against the Division for compensation, business interruption, or damages caused by any defect, deficiency, outage, or impairment of any utility system serving the park or Concession Premises.

u. Utility Costs: Utility access provided by the park is included under the baseline concession fee structure, provided consumption remains within reasonable operational limits established by Park Management.

VENDOR FLEET FUELING & ENVIRONMENTAL SAFETY: There is no public fueling station or retail fuel dispensing authorized under this contract. Any fueling conducted by the Concessionaire to support its own rental fleet must adhere to strict environmental safety protocols:

v. Fueling Protocols: Fueling of rental vessels must be performed safely by trained staff utilizing approved mobile fuel tenders or designated staging points. Public self-service fueling and public retail fuel sales are strictly prohibited.

w. Spill Mitigation: The Concessionaire shall maintain specialized marine fuel spill containment equipment on-site at all times (including absorbent pads and booms) sufficient to manage localized leaks or spills.

x. Emergency Reporting: Any fuel spill entering reservoir waters must be reported immediately to the Park Manager. The Concessionaire is solely responsible for 100% of cleanup, containment, and environmental remediation costs resulting from its fueling operations.

AQUATIC INVASIVE SPECIES (AIS) INTERDICTION COMPLIANCE: The Concessionaire shall strictly enforce and comply with all Utah Division of Outdoor Recreation, Division of Wildlife Resources (DWR), and State Parks AIS statutes and rules to prevent the spread of Quagga mussels at Willard Bay.

y. Statutory Compliance: The Concessionaire shall ensure its entire motorized rental fleet strictly meets all decontamination requirements under Utah Code Title 23A, Chapter 10.

z. Certified Manager Requirement: The Concessionaire shall designate at least one owner or senior manager to complete the annual online Mussel Aware Boater Program prior to each operating season. Proof of completed certification must be submitted directly to the Park Manager.

aa. New Vessel Inspection: Any new or replacement watercraft added to the Concessionaire's inventory must be inspected and certified as mussel-free by authorized state AIS personnel before being launched on the reservoir.

OUTDOOR LIGHTING & PARK AESTHETICS: All exterior lighting attached to mobile kiosks or temporary operational areas must be designed to minimize glare and light pollution.

ab. Fixture Standards: All outdoor lighting fixtures must be fully shielded, down-directed, and utilize warm-spectrum light sources not exceeding 3000 Kelvin Correlated Color Temperature.

ac. Controls: Non-essential exterior lighting must be turned off outside of operational business hours, except for minimal security lighting pre-approved by Park Management.

PERFORMANCE BOND & FINANCIAL SECURITY: To ensure the faithful performance of all contractual obligations, fee remittances, and asset removals, the Concessionaire shall deliver and maintain a valid Performance Bond or Irrevocable Letter of Credit in the amount of $20,000.00.

ad. Surety Requirements: Security must be issued by a financial institution or surety authorized to do business in Utah, named in favor of the Division, and maintained continuously without lapse throughout the contract term.

ae. Material Breach: Failure to maintain active financial security shall constitute an immediate material breach of contract and grounds for termination for cause.

TAXES, ASSESSMENTS, AND FEES: The Concessionaire shall promptly pay all applicable federal, state, county, and local taxes, fees, or assessments levied against concession operations, mobile property, or equipment. The Division assumes zero liability for any possessory interest taxes or personal property assessments levied by Box Elder County.

RESERVATION OF RIGHTS AND EASEMENTS: All real property rights, water rights, and submerged land rights remain strictly retained by the State of Utah and the United States. The Concessionaire's rights are fully subordinate to existing or future easements, rights-of-way, water control structures, or resource management interests. The Division reserves the right to grant additional utility or infrastructure easements across the park at any time without owing financial compensation or rent adjustments to the Concessionaire.

SECTION B: REQUIRED CONCESSION SERVICES

The Concessionaire shall provide, operate, and maintain the required concession services as well as any related temporary support facilities in a first-class manner to the satisfaction of the Division. The Concessionaire shall provide all personnel, watercraft, safety gear, and operating equipment necessary to perform the required concession services in accordance with this Contract. Any services the Concessionaire or the Division wishes to include beyond those identified here must be approved by the Division and added by formal written amendment.

Core concession services are strictly limited to two operational categories within the designated footprints shown on Map 1 and Map 2:

1. Motorized Watercraft Rentals

2. Floating Inflatable Aqua Park Operations All non-motorized watercraft rentals (such as paddleboards, kayaks, and canoes), retail store operations, public boat slip leasing, and public dry storage are explicitly excluded from this contract and retained as park-managed services.

1. MOTORIZED WATERCRAFT RENTALS: The Concessionaire shall provide, manage, and operate a modern, high-quality commercial motorized watercraft rental fleet to serve park visitors. All rental operations, vessels, and procedres are subject to the following requirements:

a. Annual Fleet Inventory and Division Approval: On or before March 1st of each calendar year, the Concessionaire shall submit an annual fleet inventory schedule to the Park Manager for review and written approval. This schedule must detail the exact year, make, model, passenger capacity, and Hull Identification Number (HIN) for every motorized vessel. Fleet size and composition may be adjusted annually based on reservoir water levels, dock capacity, and visitor demand. No vessel exceeding a maximum operational age threshold or exhibiting mechanical or aesthetic degradation shall be placed into service.

b. Authorized Motorized Fleet Composition: The rental fleet must consist strictly of modern, late-model personal watercraft (PWCs such as Sea-Doos, Jet Skis, or WaveRunners) and multi-passenger family powerboats or pontoon vessels. All non-motorized watercraft rentals remain park-managed and are strictly prohibited from the Concessionaire's commercial offerings.

c. State-Provided Slips and Dry Storage Staging: To facilitate safe operations and minimize boat ramp congestion, the Division shall assign the Concessionaire two (2) dedicated boat slips at the marina and two (2) dedicated stalls within the park's gated dry storage yard.

1. These spaces are provided strictly for the Concessionaire's operational fleet, backup vessels, trailer staging, and guest boarding.

2. The Concessionaire holds zero commercial management or leasing rights to public slips or public dry storage, and shall not sublease, assign, or collect fees for wet slips or dry storage from the general public.

3. Any commercial watercraft, trailers, or equipment exceeding this State-provided allocation must be staged within the approved mobile kiosk footprint or removed from park property. Staging commercial inventory or customer trailers in public day-use parking stalls is strictly prohibited.

d. Watersports Accessories: The Concessionaire may offer watersports accessories for rent solely in conjunction with its motorized rental vessels. Authorized accessories include wakeboards, water skis, tow tubes, tow ropes, and orange safety flags. All towable and accessories must be inspected daily and maintained in safe working order.

e. Livery Permitting and Ranger Safety Inspections: Pursuant to Utah Code § 73-18-15.2, the Concessionaire shall maintain a valid Utah Boat Livery Permit and submit proof of current registration to the Park Manager prior to opening each season. All motorized rental vessels must be inspected annually by state park rangers for required safety equipment before being released for customer use. Each vessel must clearly display current state registration and the Concessionaire's commercial business name.

f. Life Jacket (PFD) Safety Compliance: The Concessionaire shall provide U.S. Coast Guard-approved life jackets free of charge in properly fitted sizes (infant through adult multi-XL) for every passenger boarding a vessel. Each motorized craft departing the dock must carry enough approved PFDs to satisfy maximum vessel capacity and passenger count. Concession staff must strictly enforce mandatory life jacket wear prior to launch for all PWC operators and passengers, children under 13 years of age, and individuals participating in towed watersports pursuant to Utah law. All life jackets must be in serviceable condition and inspected daily. Life jackets shall be immediately retired from service if damaged, torn, or compromised.

g. Mandatory Guest Boater Orientation and Bilingual Training: To protect visitor safety and comply with Utah Division of Outdoor Recreation rules, 100% of rental operators must complete a comprehensive safety briefing prior to launch.

1. The Concessionaire must verify that operators meet state-mandated boater education requirements before departure.

2. Training must cover engine cut-off switch (lanyard) operation, reservoir-specific navigational hazards, no-wake zones, boat ramp traffic patterns, and right-of-way rules.

3. All training checklists, safety videos, and operational guidelines must be fully available and delivered in both English and Spanish.

h. Guest Check-In and Dock Escort Procedures: To prevent congestion at the marina and boat ramp, Concessionaire staff must actively manage patron flow. Concession staff shall check guests in at the approved check-in facility, guide them through waiver verification, and personally escort rental operators down to the vessel boarding area. Staff must remain present on the dock to assist with vessel departures and docking returns.

i. Mandatory Liability Waivers: Prior to turning over control of any motorized vessel, the Concessionaire shall require 100% of rental operators and passengers to sign a comprehensive liability waiver, assumption of risk, and indemnification agreement. For minors under 18 years of age, a parent or legal guardian must sign. The waiver form must explicitly name and release both the "State of Utah, Division of State Parks" and the "United States Bureau of Reclamation" from liability, and must receive written approval from the Division and State Risk Management prior to use.

j. Staff Training, Fleet Fueling, and Maintenance: Concession staff operating motorized watercraft must hold a valid driver license and undergo documented boating safety training. All fleet maintenance and repairs must be conducted off-site or within assigned staging areas. Fueling of the Concessionaire's rental vessels must be performed exclusively by trained concession staff using approved mobile fuel containers or staging procedures. Specialized marine fuel spill kits must be stationed at the staging area at all times.

k. Vessel Retrieval and Emergency Assistance: The Concessionaire is solely responsible for towing and retrieving its own disabled, stranded, or grounded rental vessels using its own support craft at no cost to the State or the public. Concession staff must immediately contact Utah State Parks law enforcement and emergency dispatch upon identifying an on-water medical emergency, vessel collision, or hazardous event.

l. Ramp Congestion Mitigation and Staging Restrictions: Concessionaire operations must not obstruct public boat launch ramps, courtesy docks, or general boater access. Commercial vessels must stage strictly within the slips and footprints designated on Map 1.

m. On-Park Commercial Vessel Sales & Brokerage: Commercial vessel sales, brokerage, or dealership displays are prohibited unless specifically authorized in advance through the prior written approval of the Park Manager. If approved:

1. The Concessionaire shall stage display vessels strictly within designated operational footprints approved by Park Management, and shall not consume public day-use parking stalls or public courtesy docks.

2. Every commercial vessel sold on State Park property or through the on-site concession operation shall be strictly subject to the gross revenue percentage fee established in Attachment E.

3. This fee requirement applies to commercial boat sales and does not apply to the periodic liquidation of the Concessionaire's own retired rental fleet equipment, provided such capital asset sales are properly documented in monthly accounting reports.

n. Optional Captained Charters / Driver Services: The Concessionaire may offer captained boat services or VIP driver packages in conjunction with motorized vessel rentals, subject to the prior written approval of the Park Manager. Any staff operating a vessel with passengers for hire must hold a valid Captain’s License issued by the Utah Division of Outdoor Recreation (or USCG equivalent). All gross revenues derived from captained packages or driver fees are 100% subject to the contractual concession fee percentage.

o. Optional Commercial Staging / Courtesy Dock: Subject to prior written approval from the Park Manager and the Bureau of Reclamation (BOR), the Concessionaire may, at its sole expense, install and operate a temporary, modular floating courtesy dock within an assigned footprint on Map 1 to facilitate safe customer boarding and alleviate congestion at public launch facilities.

1. Design and Anchoring: The dock must be a modular, non-permanent floating system secured via approved marine anchor lines or removable spuds. Driven permanent pilings, poured concrete abutments, or permanent shoreline modifications are strictly prohibited.

2. Operational Purpose: The dock shall be designated strictly for commercial rental operations, pre-launch briefings, and customer boarding, and shall not obstruct public navigation channels or public courtesy docks.

3. End-of-Season Removal: The dock system must be completely removed from reservoir waters at the conclusion of each operating season or contract termination, restoring the shoreline to clean public access.

2. FLOATING INFLATABLE AQUA PARK OPERATIONS: The Concessionaire shall provide, manage, and operate a water-based commercial inflatable obstacle course and aqua park (Aqua Park) for public recreation within the authorized footprints designated on Map 1 (Marina) or Map 2 (Willard Peak Pond).

a. Design, Layout, and Federal Approvals: The precise location, dimensions, modular layout, and anchoring plan require prior written approval from the Park Manager and the Bureau of Reclamation (BOR). All anchoring must utilize removable commercial marine anchor systems. Permanent underwater structures, poured concrete footings, or seabed ground disturbance are strictly prohibited.

b. Water Level Adaptability: Willard Bay is subject to seasonal water level fluctuations and BOR reservoir drawdowns. The Concessionaire is responsible for monitoring water depths. If the Park Manager determines that reservoir levels at the primary marina footprint (Map 1) are insufficient to safely operate, the Concessionaire shall coordinate with Park Management to transition Aqua Park operations to the Willard Peak Pond Concession Service Area (Map 2) to maintain mandatory public service. The Concessionaire bears sole operational and financial responsibility for moving, resetting, and anchoring floating modules and temporary check-in assets between authorized footprints.

c. Certified Lifeguard Supervision: The Concessionaire shall provide dedicated, active lifeguard staffing during all operating hours. Lifeguards must hold current American Red Cross (or nationally recognized equivalent) Waterfront Lifeguarding and First Aid/CPR certifications. Opening or operating the Aqua Park without certified lifeguards actively on duty is strictly prohibited.

d. Mandatory Life Jacket (PFD) Wear: All participants, regardless of age or swimming proficiency, must continuously wear a properly fitted, U.S. Coast Guard-approved life jacket at all times while in the water staging area and on the Aqua Park. The Concessionaire shall supply approved life jackets free of charge in appropriate sizes.

e. Capacity Control and Timed Sessions: The Concessionaire shall manage patron throughput using a structured timed-entry session format (such as color-coded wristbands) to prevent overcrowding, enforce maximum manufacturer weight and user capacities, and maintain safe lifeguard-to-swimmer ratios.

f. Mandatory Liability Waivers: Prior to issuing wristbands or granting water access, the Concessionaire shall require 100% of participants to execute a comprehensive liability waiver, assumption of risk, and parental indemnification agreement. For minors under 18 years of age, a parent or legal guardian must sign. The waiver must explicitly name and release both the "State of Utah, Division of State Parks" and the "United States Bureau of Reclamation" from liability, and must be approved in writing by the Division and State Risk Management prior to use.

g. Daily Inspections and Seasonal Removal: Concession staff must conduct and log daily morning safety inspections of all inflatable chambers, pressure valves, connecting flaps, and underwater anchor lines prior to admitting guests. At the close of each recreation season or upon contract termination, the Concessionaire must completely remove all inflatables, lines, and mooring hardware from park waters.

SECTION C: OPERATING SCHEDULES, MAINTENANCE & SITE STANDARDS

1. HOURS AND SEASONS OF OPERATION: The Concessionaire shall maintain a predictable, reliable operating schedule that maximizes public access and safely accommodates park visitor traffic.

af. Operating Season: The Concessionaire must operate all primary guest services, including motorized watercraft rentals and the floating inflatable Aqua Park, from Memorial Day weekend through Labor Day weekend annually. Any operational activity outside this window requires prior written approval from the Park Manager.

ag. Baseline Operating Hours: The Concessionaire shall remain open for public service from 9:00 AM to 7:00 PM daily throughout the operating season (Memorial Day weekend through Labor Day weekend).

ah. Annual Schedule Approval: A formal, detailed schedule of daily operating hours for each phase of the recreation season must be submitted to the Park Manager for review and written approval prior to May 1st of each calendar year.

ai. Schedule Modifications and Weather Closures: The Concessionaire shall not reduce operating hours below the established baseline, close operations early, or alter seasonal schedules without receiving prior written authorization from the Park Manager. Early closures prompted by inclement weather (such as severe wind advisories or lightning) or hazardous reservoir conditions must be communicated immediately to Park Management. The Park Manager reserves the right to mandate extended operating hours during high-density holiday weekends or special park events to accommodate visitor demand.

1. MAINTENANCE, UTILITIES, AND SANITATION SERVICES: The Concessionaire shall maintain all mobile kiosks, assigned slips, floating equipment, and temporary staging grounds within the concession footprint in a clean, safe, and first-class operating condition.

a. Routine Maintenance and Equipment Care: The Concessionaire shall perform all routine, preventive, and corrective maintenance on its mobile check-in kiosks, ticket shacks, rental watercraft, and floating Aqua Park modules at its sole expense. This includes prompt replacement of worn components, daily pressure checks and anchoring adjustments on inflatables, and regular mechanical servicing of motorized vessels to ensure all property remains in first-class condition.

b. Utility Safety and Stewardship: The Concessionaire shall ensure all temporary utility cords, quick-disconnect lines, and mobile kiosk electrical setups comply with state electrical codes and fire safety standards. The Concessionaire shall monitor all utility connections for wear or hazards, promptly disconnect or repair faulty lines, and operate all equipment safely.

c. Sanitation and Litter Control: The Concessionaire shall maintain a clean, orderly commercial footprint at all times. Concession staff shall perform continuous daily litter sweeps and trash removal within and immediately surrounding the mobile check-in kiosks, equipment staging zones, assigned boat slips, and the adjacent shoreline area utilized by Aqua Park guests at either operational footprint (Map 1 or Map 2). The Concessionaire shall provide and service its own waste receptacles within its mobile check-in footprint to prevent overflow into general park trash cans.

d. Safety and Hazard Mitigation: The Concessionaire shall immediately mitigate any safety hazards, mechanical failures, or environmental risks within its operational footprint. If a safety hazard cannot be repaired immediately, the Concessionaire must restrict public access, remove the affected vessel or inflatable module from service, and notify the Park Manager without delay.

END OF ATTACHMENT C: SCOPE OF SERVICES

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