12-Attachment C Scope of Services - Amended 9.21.26.docx

CONCESSION OPERATIONS AT JORDANELLE STATE PARK

ATTACHMENT C: SCOPE OF SERVICES

SECTION A: GENERAL OPERATIONAL REQUIREMENTS

1. CONCESSION SERVICE AREA: The designated CONCESSION SERVICE AREA footprints within Jordanelle State Park (Hailstone Area) 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 exclusively within the established commercial zones designated on Map 1, which includes the existing marina store, dry storage complexes, boat maintenance shop, boat launch zone, immediate water areas, and mooring/buoy fields.

MAP 1: OPERATIONAL FOOTPRINT - CORE REQUIRED SERVICES SHOWN IN PURPLE

(REFER TO SECTION B FOR THE DETAILED LIST OF CORE REQUIRED SERVICES)

b. Optional Development Footprint (Map 2): The commercial footprint may expand to include the areas designated on Map 2 only if the Division Director grants formal, written approval for the optional Capital Development Portfolio. The Concessionaire has no operational or occupancy rights to the Map 2 footprints unless a specific phase-in amendment is executed by the Division.

MAP 2: CAPITAL DEVELOPMENT FOOTPRINT

OPTIONAL DEVELOPMENT AREA SHOWN IN ORANGE

REFER TO SECTION B FOR THE LIST OF OPTIONAL DEVELOPMENT SERVICES

Note: 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).

2. CONCESSION PREMISES & IMPROVEMENT INVENTORY: The Concession Premises is the specific physical location within the broader Concession Service Area where the Concessionaire bases its physical footprint and structures. The Concessionaire shall use any concession buildings, dry storage spaces, and docks solely to provide products and services as described herein.

a. Storage Restrictions: The Concessionaire shall not store any commercial or personal property at the park in any location outside the designated Concession Premises, except for reasonable, temporary accommodations to allow for the immediate launch, recovery, check-in, or check-out of equipment.

b. Bi-Annual Property Inventory: To ensure a clear distinction between state-owned property and vendor-owned property, the Concessionaire shall maintain a comprehensive inventory identifying all improvements, equipment, and fixtures owned or constructed by the Concessionaire within the park. This list must be provided to the Park Manager and formally reviewed/updated every six (6) months during concession operations conferences.

3. 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 absolute 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 park safety operations, without any financial liability, damages, or rent reduction owed to the Concessionaire.

4. COMMERCIAL SERVICE EXCLUSIVITY (NON-COMPETE): While the 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 provide motorized watercraft rentals, non-motorized watercraft rentals, or public vessel dry storage within the Concessionaire's designated footprint during the active term of this contract. The Division retains the absolute right to grant other permits, licenses, or agreements for commercial activities, special events, or public use within Jordanelle State Park that do not unreasonably interfere with core marina operations. In accordance with historical guidelines, this exclusivity does not restrict the Division from retailing select incidental items (e.g., ice, firewood, state park merchandise) when Concession employees are unavailable, nor does it constitute an absolute monopoly on guided fishing services across the entire reservoir.

5. BUREAU OF RECLAMATION (BOR) PROVISIONS: This contract is subject to the federal management agreement between the Division and BOR. The Concessionaire’s operations are strictly subject to the following:

· Superior Rights: BOR’s rights are superior; Concessionaire operations are subordinate to BOR project purposes, including National Environmental Policy Act (NEPA) compliance for any ground-disturbing activity.

· Data Rights: BOR may request annual use data, financial reports, and operation and maintenance plans.

· Closure Power: BOR may close reservoir areas for safety, project operations, or national security; Concessionaire must comply immediately and holds no claim for damages against the State or Federal Government.

· Insurance: Concessionaire shall name BOR as an additional insured on all required policies.

· Signage: Use of the BOR seal, logo, or tagline is strictly prohibited.

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

7. LAND AND WATER CONSERVATION FUND (LWCF) ENCUMBERED LAND: The Concessionaire acknowledges that portions of the Service Areas 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 burden public recreation and leisure uses at these encumbered portions of the parks.

8. DIVISION OF FACILITIES CONSTRUCTION AND MANAGEMENT (DFCM) & ADDITIONAL BUILDINGS: Because all permanent improvements constructed on the premises eventually revert to State ownership, all land-based development falls under the statutory jurisdiction of DFCM pursuant to Utah Code § 63A-5b-604.

a. DFCM Building Permit & Plan Review: The Concessionaire, at its sole expense, must secure a formal building permit directly from DFCM prior to the commencement of any physical site work. To initiate the mandatory DFCM plan-review process, all architectural and engineering plans must be professionally "wet stamped" by a Utah-licensed Architect or Professional Engineer. DFCM shall retain sole authority to review and approve all plans, specifications, and technical designs.

b. Code Inspections & Compliance: In accordance with the Division's statutory obligations and any associated Memorandums of Understanding executed pursuant to Utah Code § 63A-5b-604(1)(c), the Concessionaire's project must comply fully with all DFCM codes, guidelines, and standards. DFCM's official inspectors shall oversee and approve all required specialty and code-compliance inspections throughout the construction lifecycle.

c. Architectural & Design Approval: Any Concessionaire-constructed buildings, additions, or structures must be designed and maintained in a manner consistent with other park facilities and appropriate for the location. All proposed aesthetics must match the established Jordanelle State Park architectural theme, coloring, and design standards, and require prior written approval from the Park Manager.

d. Multi-Agency Written Authorization: Any new construction or alteration of buildings, structures, or utility infrastructure (including water, electrical, or sewer lines) must be performed by a competent, licensed contractor. All architectural and engineering plans must be formally approved in writing by DFCM, the Division of State Parks, the Park Manager, and the Bureau of Reclamation (BOR) before any ground is broken.

e. Project Fees and Bonds: The Concessionaire is 100% responsible for all costs associated with construction plans, specifications, structural reviews, and DFCM regulatory fees. DFCM and the Division of State Parks retain the joint right to determine if project-specific construction or performance bonds are required prior to breaking ground.

9. UTILITY SYSTEMS & LIABILITY WAIVER: The Concessionaire shall pay for all utility costs (including but not limited to electricity, culinary water, propane, sewer, telephone, and data services) required to support the concession facilities and operations.

a. 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 on or serving the Concession Premises.

b. Pro-Rata Apportionment: Where practical, utilities shall be assessed by separate meters maintained at the Concessionaire’s expense. Where separate meters are impractical, utility costs shall be charged to the Concessionaire at a rate equal to the amount paid by the Division and apportioned based upon times of occupancy, square footage, or other operational factors at the sole judgment of the Division.

c. New Utility Connections: Any additional or non-existing utility connection requires prior written approval from the Park Manager. The Concessionaire must submit a utility connection proposal including plans and specifications “wet stamped” by a qualified, licensed engineer at its sole expense.

10. FUEL DISPENSING SERVICES: The Concessionaire shall manage, operate, repair, and maintain the marine fuel dispensing system at the designated fuel dock to provide commercial fueling services to the general public, state agency vessels, and the Concessionaire’s own watercraft fleet. The fuel dispensing system must meet all requirements set forth by local municipalities, Wasatch County, the State of Utah, and the International Fire Code. All fueling infrastructure and systems shall be formally approved by the Division, the State of Utah Division of Fleet Operations, and the State Fire Marshal. Systems are subject to unannounced inspections. The Concessionaire shall:

a. Train all employees regarding fuel spill emergency protocols, including containing and absorbing spilled fuel on the water and dock structures, and the proper disposal of hazardous materials.

b. Train all employees on ABC fire extinguisher operation and fighting Class B marine fires.

c. Provide a copy of the formal fueling safety and training plan to park management prior to beginning operations each calendar year.

d. Provide and maintain BC or ABC fire extinguishers on the fuel dock in the sizes and quantities required by fire code to control a marine fuel fire.

e. Turn off, electronically isolate, and lock all fuel pumps to secure them from unauthorized use or vandalism when unattended and at the close of each day’s operation.

f. Visually inspect all above-ground lines, dispensers, shut-off valves, and safety equipment before beginning each day's operations, logging the check on a signed pre-shift card.

g. Ensure all pump nozzles are manually held and operated exclusively by trained Concessionaire staff while fueling vessels; public self-service fueling is strictly prohibited.

h. Immediately report any fuel spill greater than one gallon to the Park Manager. The Concessionaire is solely responsible for 100% of the cleanup costs and associated environmental mitigation costs for any fuel spill caused by concession operations or infrastructure failures.

i. Install clear, professional boat fueling procedure signs at the pump stations, pre-approved by the Park Manager and the State of Utah Division of Risk Management before posting.

j. Maintain specialized fuel spill containment equipment on-site at all times (including containment booms and absorbent pads) sufficient to surround the largest vessel operating on the reservoir. All materials must meet State fire and environmental quality standards.

11. AQUATIC INVASIVE SPECIES (AIS) COMPLIANCE: The Concessionaire shall strictly enforce and comply with all Utah Division of Wildlife Resources (DWR) and Utah Division of State Parks AIS statutes, rules, and local regulations designed to prevent the spread of Quagga/Zebra mussels and other destructive invasive vectors at Jordanelle Reservoir.

a. Statutory Mandate: Concessionaire shall ensure its entire rental watercraft fleet, as well as any client or third-party vessels utilizing public dry storage or mooring fields under this contract, meet all decontamination requirements within Utah Code Title 23A, Chapter 10 (Aquatic Invasive Species Interdiction).

b. Certified Owner/Operator Requirement: To support the State’s efforts to combat AIS, the Concessionaire shall designate at least one owner/operator or senior manager to complete the annual online Mussel Aware Boater Program each year. This designated individual shall bear the direct operational responsibility of ensuring all concession employees are knowledgeable and compliant with current AIS rules.

c. Reporting: Upon completion of the online course each calendar year, the Concessionaire shall submit a copy of the completed course certification to the Park Manager. Any new vessels added to the Concessionaire’s inventory must be inspected and certified by authorized state AIS technicians before being launched or operated within the park footprint.

12. STRATEGIC NIGHT SKY PRESERVATION AND LIGHT POLLUTION MANDATE: Jordanelle State Park is an officially designated International Dark Sky Park. To protect this premier status and drive continuous conservation progress beyond historical baselines, the Concessionaire shall ensure all existing, retrofitted, or newly developed outdoor lighting strictly complies with the highest modern standards established by DarkSky International. All exterior luminaires must be 100% fully shielded with a strict 90-degree horizontal cutoff, ensuring zero direct uplight or vertical illumination is emitted into the atmosphere. To eliminate blue-light scatter and blinding glare, the Concessionaire is strictly prohibited from utilizing any outdoor light source exceeding a maximum warm-spectrum threshold of 3000 Kelvin Correlated Color Temperature. Furthermore, all exterior fixtures emitting over 600 lumens must feature verified zero-uplight configurations and integrate mandatory automated controls, including motion sensors, dimmers, or timers, to dynamically lower or extinguish non-essential illumination outside of standard operational business hours. Detailed manufacturer specification sheets for every intended structural fixture or security array must be submitted to the Park Manager for mandatory written approval prior to purchase or installation.

13. PERFORMANCE BOND & FINANCIAL SECURITY: To ensure the faithful, complete performance of all contractual obligations and capital improvement commitments under this contract, the Concessionaire shall provide and maintain a valid Performance Bond (or an irrevocable letter of credit) in the minimum amount of $20,000.00.

a. Surety Standards: This security must be issued by a surety company authorized to do business in the State of Utah, named in favor of the Division, and kept active without interruption or lapse for the entire active term of this agreement.

b. Failure to Maintain: Any failure to maintain the performance bond in full force and effect shall constitute an immediate material breach of contract and grounds for termination for cause.

14. UTILITY & SECURITY MONITORING SYSTEM REIMBURSEMENTS: The Concessionaire explicitly agrees to pay the Division for its pro-rata share (calculated by the number of monitored devices or sub-metered usage) of all centralized park infrastructure costs directly supporting the concession. This includes, but is not limited to, off-site monitoring fees for centralized security and fire alarm infrastructure, and shared main-line utility infrastructure managed by the park.

15. TAXES, ASSESSMENTS, AND FEES: The Concessionaire shall promptly pay all applicable federal, state, county, and local taxes, fees, or assessments levied against the Concession Premises, business operations, and any personal property, fixtures, appliances, or equipment owned or used therein. The Division assumes zero liability for any possessory interest taxes or property assessments levied by Wasatch County.

16. RESERVATION OF RIGHTS AND EASEMENTS: All real property rights, water rights, and subterranean rights remain strictly retained by the State of Utah and the United States. The Concessionaire’s rights under this contract are fully subordinate to all existing or future easements, rights-of-way, water distribution infrastructure, or resource management interests. The Division explicitly reserves the right to grant additional utility or infrastructure easements over, under, along, and across the Concession Premises at any time without owing financial compensation, damages, or rent reduction to the Concessionaire.

SECTION B: REQUIRED CONCESSION SERVICES

The Concessionaire shall provide, operate, and maintain the required concession services as well as any related support facilities and services to such an extent and in a manner considered satisfactory by the Division. Except for any such items that may be provided to the Concessionaire by the Division, the Concessionaire shall provide the personnel, equipment, goods, and commodities necessary for providing, operating, and maintaining the required concession services in accordance with this Contract. Any services the Concessionaire or the Division wish to include in the Contract beyond those identified here must be added to the Contract by formal amendment.

PART 1: CORE REQUIRED CONCESSION SERVICES

The Concessionaire must continuously provide, manage, and operate the following core services for the public within the Core Service Footprint (MAP 1) throughout the entire active term of this contract:

1. MOTORIZED & NON-MOTORIZED WATERCRAFT RENTALS: The Concessionaire shall provide, manage, and operate a high-quality, modern commercial watercraft rental fleet to accommodate public demand. All equipment and accessories rented to customers other than those explicitly listed below are subject to prior written approval by the Division.

a. Division Fleet Authority and Specifications: To ensure Jordanelle State Park maintains a premier, safe, and elite rental fleet, the Division retains absolute final authority over the total quantity, fleet composition, and minimum standards for all concession watercraft. On or before March 1st of each calendar year, the Concessionaire must submit an annual fleet inventory schedule to the Park Manager detailing the exact year, make, model, capacity, and hull identification number of each vessel for review and written approval. Fleet size and composition may be adjusted annually based on reservoir water levels, dock capacity, and public demand. No vessel exceeding a maximum operational age threshold or exhibiting severe visual or mechanical degradation shall be utilized for public rental operations.

b. Authorized Rental Fleet Categories: The motorized fleet must include a diverse mix of reliable, clean, and modern vessels, including pontoon boats, specialized fishing boats, high-performance ski and wakeboard boats, and personal watercraft (PWC) models such as Sea-Doos, Jet Skis, or WaveRunners. Non-motorized rental offerings must include stand-up paddleboards, single and tandem kayaks, and canoes.

c. Watersports Accessories & Towables: The Concessionaire shall maintain an ample commercial rental inventory of tow-behind water toys and watersports accessories to satisfy average public consumer demand during the peak recreation season. Authorized accessories include, but are not limited to, inner tubes, tow ropes, ski flags, wakeboards, wake surfers, and water skis. All such equipment must be regularly inspected and maintained in excellent, safe working condition.

d. Vessel Registration and Identification: Each concession vessel must be properly and currently registered, numbered, and insured according to State laws and rules whenever placed on the waters of the State. Each rental vessel must also clearly display the Concessionaire's business name.

e. Livery Registration and Ranger Inspections: The Concessionaire shall meet all statutory requirements to operate a boat livery (vessel rental business) and provide formal proof of boat livery registration to park management prior to the first day of business operation each calendar year. All vessels will be inspected on an annual basis by park rangers for required safety equipment before being made available for public rental.

f. Life Jacket Safety Compliance: The Concessionaire shall provide enough U.S. Coast Guard-approved life jackets per rented vessel to meet the maximum passenger carrying capacity of each respective watercraft. Life jackets must be provided to patrons free of charge with each vessel rental and must be available in a complete variety of sizes (from infant to adult extra-large) and ratings appropriate for the intended water activities.

g. Bilingual Safety Training Mandate: To protect public safety, 100% of rental operators must receive a comprehensive safety orientation and rules review prior to launch. All training videos, safety checklists, and rules materials must be fully available to the public in both English and Spanish.

h. Mandatory Liability Waivers: Prior to transferring control of any rental equipment, the Concessionaire must require 100% of participants to execute a comprehensive, legally binding liability waiver, assumption of risk, and parental indemnification agreement. For all minor participants under the age of eighteen (18), a parent or court-appointed legal guardian must execute the agreement on the minor's behalf. All waiver forms are subject to prior review and written approval by the Division and the State of Utah Division of Risk Management.

i. Staff Qualifications and Safety Training: Concession staff operating any motorized vehicles or vessels must possess a valid driver license and follow all applicable U.S. Department of Labor rules. Concession staff shall be comprehensively trained in all aspects needed to provide clear and understandable instructions to business patrons and park visitors, including general boating safety, minor maintenance, and equipment fueling.

j. Vessel Retrieval and Emergency Protocols: The Concessionaire shall be solely responsible for retrieving its own disabled, stranded, or abandoned rental vessels from the reservoir using its own operational watercraft at no cost to the Division or the public. The Concessionaire may also offer fee-based commercial vessel towing, jump-start, and fuel delivery services to the general public, provided that all proposed towing rates receive prior written approval from the Division pursuant to Section 7.5. Concessionaire staff shall contact emergency dispatch and park staff immediately upon recognizing a medical or safety emergency situation, and must report all watercraft accidents and property damage incidents to park management without delay.

k. On-Park Vessel Sales: If the Concessionaire utilizes its concession footprint or operations to engage in commercial boat sales or dealership displays, all such activity must receive prior written approval from the Park Manager. Every vessel sold on state park property is strictly subject to the gross revenue percentage return fees established in the contract's financial schedules.

l. Rental Docking Infrastructure Restrictions: The Concessionaire shall operate its commercial rental services from a dedicated rental dock footprint approved by the Park Manager. Because portions of the Jordanelle marina infrastructure are funded via federal Motorboat Access grants, the Concessionaire’s commercial fleet operations must remain structurally separate from public day-use docks, Park-operated courtesy docks, and public boat ramp staging lanes.

2. PUBLIC VESSEL DRY STORAGE: The Concessionaire shall provide, manage, operate, and maintain public boat and trailer dry storage complexes within the designated concession footprint.

a. Phase I: Current Operations (As-Is): The Concessionaire must initially accept, manage, maintain, and operate the existing covered and uncovered public dry storage facilities in their current configuration to ensure uninterrupted service to existing public tenants. As part of this continuity mandate, the Concessionaire must fully recognize, honor, and protect all active, pre-existing dry storage rental agreements established by the Division whose valid contractual terms extend beyond the effective transition date of this Contract. The onboarding, account verification, and management transfer of these active records shall be coordinated directly with Park Management upon contract award.

b. Phase II: Demolition, Redesign, and Capital Redevelopment Framework: To align with Division strategic goals, the Concessionaire may propose (or the Division may require) a comprehensive site redevelopment plan. Subject to prior written approval from the Park Manager, the Bureau of Reclamation (BOR), and the Jordanelle Special Service District (JSSD) for utility capacity engineering, this plan may include the phased demolition of existing structures and the subsequent construction of high-density covered storage, advanced electronic security gate systems, or modernized layout configurations. Any proposed high-density expansion or motorized stacked storage configurations introduced under this framework shall be strictly subject to the conditional development criteria, independent utility isolation requirements, and multi-agency approval processes established in Part 2 of this Section.

c. Capital Improvement and Reversion of Fixtures and Improvements: Any approved site demolition, high-density redevelopment, or new storage construction shall be performed at the sole expense of the Concessionaire. Pursuant to the structural terms of this Contract, title to all permanent structures, fixtures, and utilities shall vest in the State of Utah immediately upon construction. The Concessionaire shall utilize the long-term contract horizon to fund and amortize capital improvements, holding only a temporary operational license to recoup its investment through operational revenues. The State of Utah assumes zero financial obligation, buyout liability, or leasehold surrender interest upon the expiration or early termination of this Contract, and all improvements must be delivered to the Division in a first-class condition. All future storage rental revenues remain strictly subject to the gross revenue percentage return fees established in this contract. Any utility infrastructure built to support redeveloped facilities must draw from independent service connections or upgraded capacities coordinated through local utility providers, ensuring zero operational draw or electrical load disruption to existing park operations or campground grids.

3. CONCESSION STORE & PRO SHOP: The Concessionaire shall conduct all commercial activities necessary to operate a convenience store and pro shop within the designated footprint in accordance with all federal, state, and local laws and requirements.

a. Retail and Camping Inventory: The store must maintain an ample retail stock of general grocery items, snacks, beverages, bags of ice, sun care products, and camping supplies to satisfy daily park visitor demand.

b. Pro Shop and Safety Inventory: The pro shop must offer a diverse selection of watersports-related clothing, equipment, and miscellaneous boating supplies, including but not limited to life jackets, ski flags, fire extinguishers, marine accessories, fishing tackle, and bait.

c. Operational Layout and Modifications: The Concessionaire must maintain all retail spaces in a clean, well-lit, and first-class condition. The internal layout, structural modifications, and general types of retail merchandise offered for sale are subject to prior written approval by the Park Manager.

4. BOAT SHOP AND VESSEL REPAIR SERVICES: The Concessionaire shall provide, manage, operate, and maintain a commercial marine maintenance and vessel repair facility within the designated service footprint.

a. Phase I: Current Operations (As-Is): The Concessionaire must initially accept, manage, maintain, and operate the existing boat repair shop in its current configuration to ensure uninterrupted mechanical, winterization, and repair services for both the concession fleet and the public boating community.

b. Phase II: Demolition, Redesign, and Capital Redevelopment Framework: To align with Division strategic goals, the Concessionaire may propose (or the Division may require) a comprehensive site redevelopment plan. Subject to prior written approval from the Park Manager, the Bureau of Reclamation (BOR), and the Jordanelle Special Service District (JSSD) for utility capacity engineering, this plan may include the phased demolition of the existing repair facilities and the subsequent construction of a modernized marine service center. Any proposed commercial service facility expansions or infrastructure redevelopments introduced under this framework shall be strictly subject to the conditional development criteria, independent utility isolation requirements, and multi-agency approval processes established in Part 2 of this Section.

c. Environmental Compliance and Hazmat Controls: The Concessionaire must conduct all mechanical operations in strict compliance with all federal, state, and local environmental laws. The Concessionaire is solely responsible for the safe handling, storage, and proper disposal of all hazardous materials, including used motor oil, fuel, lubricants, and batteries. No hazardous runoff shall be permitted to enter the reservoir or surrounding soil.

d. Capital Improvement and Reversion of Fixtures and Improvements: Any approved site demolition, facility relocation, or new marine service center construction shall be performed at the sole expense of the Concessionaire. Pursuant to the structural terms of this Contract, title to all permanent structures, fixtures, and utilities shall vest in the State of Utah immediately upon construction. The Concessionaire shall utilize the long-term contract horizon to fund and amortize capital improvements, holding only a temporary operational license to recoup its investment through service revenues. The State of Utah assumes zero financial obligation, buyout liability, or leasehold surrender interest upon the expiration or early termination of this Contract, and all improvements must be delivered to the Division in a first-class condition. All future service revenues remain strictly subject to the gross revenue percentage return fees established in this contract. Any utility infrastructure built to support redeveloped facilities must draw from independent service connections or upgraded capacities coordinated through local utility providers, ensuring zero operational draw or electrical load disruption to existing park operations or campground grids.

5. CONCESSION DOCK INFRASTRUCTURE AND FUELING OPERATIONS: The Concessionaire shall manage, operate, maintain, and administer all assigned commercial rental docks, fuel walkways, and commercial staging structures within the designated concession footprint.

a. Structural Maintenance and Safety Compliance: The Concessionaire shall maintain all assigned rental docks, boarding walkways, transition gangways, cleats, and safety railings in a safe, clean, and first-class condition. Regular structural safety checks must be performed on all underwater anchoring lines, winch systems, and flotation modules supporting the concession footprint. Any structural modifications or configuration changes require prior written approval from the Park Manager.

b. Fuel Dock Operations: The Concessionaire shall manage and operate the marine fuel dispensing systems located on the fuel dock footprint. All fueling operations, spill containment protocols, staff fire trainings, and daily safety logs must be performed in strict accordance with the comprehensive safety requirements established in Section A of this RFP.

c. Mandatory Full-Service Operations: To minimize the risk of environmental contamination and flash fires over the state reservoir, unassisted public self-service fueling is strictly prohibited on the fuel dock. All marine vessel fueling operations must be performed directly by trained Concessionaire personnel.

6. PUBLIC LAUNCH AND RETRIEVAL SERVICES: The Concessionaire shall provide professional vessel launch, retrieval, and coordinated staging services to support dry storage tenants and designated day-use operations.

a. Operational Execution: The Concessionaire shall maintain an adequate fleet of specialized marine moving equipment, tractors, and trained operators to safely transport, launch, and retrieve customer watercraft between the dry storage yard and the designated water staging footprints.

b. Staging Area Coordination: The Concessionaire shall actively coordinate physical logistics with Park Management at the boat ramp staging areas and Park-operated courtesy docks to ensure that launched dry storage vessels are staged efficiently, do not congest public navigation lanes, and do not impede general public boat ramp access.

c. Service Accessibility: The Concessionaire shall establish a clear, reliable system for dry storage tenants to request launch and retrieval services, ensuring prompt response times that maximize the recreational utility of the park.

7. MOORING BUOY FIELD OPERATIONS AND MAINTENANCE: The Concessionaire shall manage, operate, maintain, and administer all commercial offshore mooring buoy fields designated within the assigned concession water footprint.

a. Rental Administration and Policy Compliance: The Concessionaire shall oversee all seasonal and short-term public leasing allocations for the mooring buoys, manage fee collections, and enforce all general park vessel mooring rules. To protect pre-existing park commitments, any active buoy leasing agreements established by the Division must be seamlessly honored and transitioned upon contract execution. All mooring rental rate structures, availability models, and waitlist management policies shall remain subject to annual review and prior written approval by the Park Manager.

b. Tackle Inspection and Safety Maintenance: To ensure public safety and prevent vessel breakaway incidents during severe weather events, the Concessionaire shall assume full operational and financial responsibility for the physical integrity of all mooring infrastructure. This requires the Concessionaire to conduct, at minimum, an annual underwater inspection of all mooring components. Staff or contracted dive teams must inspect the bottom anchors, heavy ground chains, galvanized shackles, swivels, light riding chains, and the physical surface buoys for structural fatigue, excessive wear, or severe corrosion. Any worn or degraded hardware must be replaced immediately using marine-grade components of equal or greater load rating.

c. Seasonal Installation and Winterization: The Concessionaire shall execute comprehensive seasonal management of the mooring field to prevent ice damage and winter infrastructure loss. This includes dropping or sinking lines appropriately, removing surface buoy shells before the winter freeze if required by park operational standards, and reinstating all surface equipment in proper alignment prior to the spring launch season.

d. Liability and Hazard Management: The Concessionaire shall maintain a current, detailed log of all buoy inspections and hardware replacements, which must be made available to the Park Manager immediately upon request. The Concessionaire shall be solely responsible for addressing any tangled lines, drifting buoys, or unauthorized vessel mooring within the designated field.

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

a. Core Operating Season: The Concessionaire must operate all primary guest services, including watercraft rentals, the concession store, and fueling stations, at a minimum from Memorial Day weekend through Labor Day weekend annually.

b. Baseline Operating Hours: To ensure consistent public service, the Concessionaire shall maintain a daily schedule that meets or exceeds the following operational baselines:

i. Peak Season (Memorial Day through Labor Day): Minimum operations from 9:00 AM to 7:00 PM daily.

ii. Shoulder Season (Pre-Memorial Day and Post-Labor Day closures): Minimum operations from 9:00 AM to 5:00 PM daily, subject to weather conditions.

c. 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.

d. Schedule Modifications: The Concessionaire shall not reduce operating hours below the established baselines, close facilities early, or alter seasonal schedules without receiving prior written authorization from the Park Manager. The Park Manager reserves the right to mandate extended operating hours during high-density holiday weekends or special park events to alleviate traffic and entrance logistics.

9. MAINTENANCE, UTILITIES, AND SANITATION SERVICES: The Concessionaire shall maintain all buildings, docks, utility systems, and assigned grounds within the concession footprint in a clean, safe, and first-class operating condition.

a. Routine Maintenance and Repairs: The Concessionaire shall perform all routine, preventive, and corrective maintenance on structures, boardwalks, walkways, and marine infrastructure within the concession boundary at its sole expense. This includes prompt replacement of damaged dock boards, structural repairs, painting, and electrical safety checks on all specialized marine systems.

b. Utility Payment and Stewardship: Pursuant to the standard terms of this Contract, the Concessionaire shall assume full operational and financial responsibility for all utilities serving the concession footprint. This includes ensuring all water lines, electrical connections, lighting systems, and marine fuel delivery lines are operated safely, monitored for leaks or hazards, and maintained in strict compliance with state regulatory standards.

c. Sanitation, Janitorial, and Litter Control: The Concessionaire shall conduct comprehensive daily janitorial cleaning and stocking of all public restrooms, changing areas, or facility interiors assigned within their footprint. The Concessionaire shall purchase and provide all janitorial consumables and cleaning supplies (including but not limited to toilet paper, paper towels, trash liners, hand sanitizer, and hand soap) at its sole operational expense. The Division shall not supply, fund, or reimburse the Concessionaire for any restroom consumables or cleaning inventory utilized within the concession footprint. Additionally, the Concessionaire shall perform continuous daily trash removal, litter sweeps, and waste container management across all land and water boundaries, including the marina store area, dry storage yards, fueling dock areas, and immediate shoreline spaces.

d. Safety and Hazard Mitigation: The Concessionaire shall immediately mitigate any safety hazards, structural failures, or environmental risks within the concession footprint. If a hazard cannot be instantly repaired, the Concessionaire must secure the area to protect the public and notify the Park Manager immediately.

PART 2: OPTIONAL CONCESSION SERVICES

The concession services and facility developments detailed within this Part are classified as strictly discretionary opportunities. The Division encourages the Concessionaire to introduce innovative business concepts throughout the lifecycle of this Contract. While the specific frameworks detailed below represent known park priorities, the Division actively welcomes alternative proposals for relevant products, commercial services, or emerging technological improvements that enhance the overall visitor experience, optimize operational efficiencies, and directly align with the stewardship and recreational mission of the Division. The Concessionaire is granted the right to formally propose the development, financing, construction, and operation of these optional service categories. However, the inclusion of any optional service within the active scope of this Contract remains explicitly subject to the presentation of a comprehensive development packet, concurrent written engineering and environmental approvals from all designated external regulatory authorities, and the final execution of a formal written contract amendment signed by the Division Director. The Division retains complete and absolute discretion to approve, condition, defer, or reject any optional proposal submitted by the Concessionaire, and assumes zero liability or financial obligation for any design, engineering, or scoping costs incurred by the Concessionaire during the planning process.

1. INFLATABLE OBSTACLE COURSE / AQUA PARK: The Concessionaire shall provide, manage, and operate a water-based inflatable obstacle course / aqua park (“Aqua Park”) for public recreation.

a. Design and Approvals: The precise location, layout, anchoring system, and physical size of the Aqua Park require prior written approval from the Park Manager and the Bureau of Reclamation (BOR).

b. Life Jacket Compliance: All participants, regardless of swimming proficiency, must continuously wear a properly fitted, U.S. Coast Guard-approved life jacket while on the Aqua Park.

c. Mandatory Liability Waivers: Prior to allowing access to the Aqua Park, the Concessionaire shall require 100% of participants to execute a comprehensive, legally binding liability waiver, assumption of risk, and parental indemnification agreement. For all minor participants under the age of eighteen (18), a parent or court-appointed legal guardian must execute the agreement on the minor's behalf. All waiver forms are subject to prior review and written approval by the Division and the State of Utah Division of Risk Management.

2. AUTHORIZED RENOVATION AND OPTIONAL EXPANSION CATEGORIES:

a. General Chartering, Captain Services, and Instruction: The Concessionaire may propose to offer captained vessel charters, boating lessons, water sports instruction, and guided lake tours. All operators must hold a current, valid United States Coast Guard (USCG) license. Utility Threshold: If this service requires a dedicated shoreside check-in kiosk, ticketing office, or shore-power staging station, such facilities must utilize independent or solar-augmented power connections to ensure zero draw on existing marina docks.

b. Commercial Vessel Towing and Public Marine Assistance: The Concessionaire may propose to offer fee-based commercial vessel towing, battery jump-starts, vessel un-grounding, and on-water fuel delivery services to the general public. All proposed customer-facing towing rates and fee schedules must receive prior written approval from the Division pursuant to Section 7.5. Staff performing public towing services must hold all required marine credentials and be thoroughly trained in marine vessel assistance protocols. Operational Threshold: Towing operations must utilize dedicated operational watercraft that do not compromise or reduce the baseline availability of required rental fleet safety vessels or emergency response craft.

c. Combined Storage and Boat Shop Facility Renovation: The Concessionaire may propose a capital development plan to remodel, renovate, or structurally combine the public dry storage complexes and the commercial boat repair shop into a singular, modernized marine service center. Utility Threshold: Because combining these operations introduces heavy machinery, diagnostic tools, and high-volume staging, this redevelopment explicitly triggers the mandatory electrical grid isolation and JSSD sewer capacity approvals detailed within Item 2 of this section.

d. Convenience Store and Pro-Shop Remodel: The Concessionaire may propose structural renovations, internal layout reconfigurations, or retail footprint updates to the existing concession store. Utility Threshold: Any increase to commercial refrigeration, commercial ice machines, or food-prep appliances beyond the 2026 baseline capacity requires the installation of independent sub-metering and dedicated grease-trap infrastructure approved concurrently by the Park Manager and JSSD.

e. New Restaurant and Event Space Construction: The Concessionaire may propose the financing, construction, and operation of a premier lakeside restaurant and event venue. Utility Threshold: This high-demand commercial footprint expansion is strictly contingent upon 100% Concessionaire-funded utility main line extensions, independent external electrical service line routing, and advanced wastewater infrastructure to eliminate environmental and odor risks.

f. Marina Infrastructure Maintenance and Management Upgrades: The Concessionaire may propose structural modifications, dock reconfigurations, or advanced management technology integrations across the commercial docks and fuel walkways. Utility Threshold: Any expansion of shore-power pedestals must feature dedicated breaker isolation to prevent electrical load or current leakage disruptions to the public boat launch and surrounding park grids.

3. MANDATORY INFRASTRUCTURE AND UTILITY INTEGRATION MANDATES:

a. Complete Capital Expense Responsibility: All costs associated with engineering studies, architectural designs, environmental assessments, local impact fees, utility main line extensions, trenching, separate metering, and infrastructure integration for any optional service shall be borne 100% by the Concessionaire. The Division assumes zero financial liability, construction obligation, or utility upgrade cost sharing under this framework.

b. Jordanelle Special Service District (JSSD) Engineering Concurrency: The park's internal culinary water well, storage tanks, and wastewater networks are operating at maximum baseline capacity and cannot support optional commercial expansions. Prior to breaking ground or receiving final Division authorization for any physical structure, the Concessionaire must coordinate directly with JSSD to design and execute formal utility connections. No construction shall begin without a verified utility capacity allocation and written engineering sign-off from JSSD.

c. Electrical Grid Isolation Requirements: To protect baseline park operations and eliminate power drop disruptions to public campgrounds, any redeveloped storage facility, commercial kitchen, or commercial building must draw power independently from a dedicated external service line or an upgraded substation configuration. The Concessionaire is strictly prohibited from routing high-demand commercial mechanical systems, commercial appliances, or motorized vehicle lifts through existing park panels or grids.

d. Wastewater System and Odor Mitigation Compliance: Any proposed food service facility or high-density redevelopment must integrate modern wastewater infrastructure engineered to completely eliminate environmental risks and sewer system odor issues. The design, capacity scaling, grease trap installation, specialized lift stations, and mainline tie-ins must achieve concurrent written approval from JSSD, the Park Manager, and the Bureau of Reclamation (BOR) prior to site deployment.

4. CAPITAL IMPROVEMENT AND REVERSION OF OPTIONAL FIXTURES:

a. Immediate Vesting of Title: Pursuant to the structural terms of this Contract, title to all permanent buildings, lakeside structures, utility main line extensions, grease traps, docks, and physical improvements developed under this optional framework shall vest in the State of Utah immediately upon the completion of construction.

b. Zero Buyout Liability: The State of Utah and the Division assume zero financial obligation, buyout liability, compensation requirement, or leasehold surrender interest upon the natural expiration, non-renewal, or termination for cause (default) of this Contract. The Concessionaire shall utilize the standard contract horizon exclusively to fund, amortize, and recoup its capital investments through authorized operational revenues.

c. Termination for Convenience Capital Recovery Schedule: In the event the Division terminates this Contract for convenience prior to the full amortization of any pre-approved, Concessionaire-funded capital improvement, the Division and the Concessionaire shall negotiate a graded capital recovery schedule as part of the formal written contract amendment authorizing the construction. This recovery schedule shall be based on a straight-line depreciation model (typically fifteen years) for verified, actual construction costs. If the Division exercises its right to terminate for convenience, the Division shall compensate the Concessionaire for the remaining unamortized portion of the asset. No capital recovery or compensation of any kind shall be owed to the Concessionaire if the contract is terminated for cause or expires naturally.

d. Delivery Condition: Upon contract conclusion, all developed facilities, renovated retail spaces, and integrated utility connections must be delivered to the Division in a fully operational, first-class condition, free of any financial liens, structural encumbrances, or outstanding utility debts.

END OF ATTACHMENT C: SCOPE OF SERVICES

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