Appendix 09 Sample Minimum Content of the Proposed Annual Operating Plan.pdf

United States Department of Agriculture

Prospectus for Campground and Related Granger-Thye Concessions

Chequamegon-Nicolet National Forest

Appendix 09: Minimum Content of the Proposed Annual

Operating Plan i

Appendix 9

Minimum Content of the Proposed Annual Operating Plan

This appendix enumerates the minimum that must be included in the applicant’s proposed annual operating plan. Please describe how you will address all items listed in this appendix.

The applicant’s proposed annual operating plan must be consistent with the concession prospectus (prospectus) and concession permit (permit). The applicant’s proposed operating plan may not contain any language that shifts, or could be interpreted as shifting, responsibility to the Forest Service for all or part of the applicant’s responsibilities under the permit, including but not limited to the applicant’s responsibilities for public health and safety such as inspecting, identifying, and felling of hazard trees in the permit area.

The Forest Service will evaluate the applicant’s proposed annual operating plan based on the criteria specified in the prospectus. The selected applicant’s proposed annual operating plan will be submitted to the authorized officer for review and approval.

If you have questions, please contact:

Karen Katz 500 Hanson Lake Road Rhinelander, WI 54501

Telephone: 715-362-1381 Email: karen.katz@usda.gov ii

Contents Appendix 9 ....................................................................................................................................... i

Minimum Content of the Proposed Annual Operating Plan ........................................................ i

1. Annual Operating Season

2. Restaurant Services

3. Recreation Services

4. Staffing

5. Customer Service

6. Pre-Season Operations

6a. General Requirements 6b. Pre-Season Requirements for Water Systems

7. Operating Season MRR 7a. Holder MRR During the Operating Season 7b. Operational and Maintenance Requirements for Water Systems 7c. Standards for Facility Cleaning and Holder MRR

8. Post-Season Operations 8a. General Requirements 8b. Post-Season Requirements for Water Systems 8c. Utilities

9. Signs, Posters, and Advertising

10. Fire Safety Plan

11. Emergency Response & Law Enforcement

12. Bears and Other Wildlife

13. Rodent Control

14. Vegetation Management

15. Hazard Trees

15b. Disposal of Trees that Meet Utilization Standards

16. Performance Evaluations

Appendix 9: Minimum Content of the Proposed Annual Operating Plan

1. Annual Operating Season The annual operating season is the period each calendar year that the buildings are open to the public.

Please describe your proposed operating season incorporating the following requirements.

1. Specify dates for the annual operating season. The minimum annual operating season is Thursday before Memorial Day to Labor Day. Applicants may propose a longer annual operating season.

2. All facilities in the concession opportunity must be open five days per week, including holidays, during the minimum annual operating season. Weekly schedule during the minimum operating season must include open days every Thursday, Friday, Saturday and Sunday.

3. If the proposed annual operating plan includes year-round operation, the proposal should specify any distinct schedules by season, and dates of preseason, midseason, and post season inspections.

(The Forest Service is amenable to flexible scheduling outside of the minimum operating season when the permit is issued to accommodate uncontrollable circumstances such as low or no snow winters. Written notice of schedule changes must be given to the Forest Service in advance)

2. Restaurant Services The proposed annual operating plan must describe the restaurant service including:

1. Sample menu and proposed pricing.

2. Optional: Special events, if any desired.

3. Recreation Services Please describe your plan for recreation services including:

1. Types of offerings, frequency/amount of rental availability, and proposed pricing for any recreational rentals, including, but not limited to non-motorized and/or motorized boats, bikes and fishing equipment.

2. Sale of convenience items and proposed pricing (e.g., firewood, camping supplies, or fishing bait, etc.). (Convenience items are optional).

4. Staffing Please describe your plan for staffing the facility including:

1. Please identify a representative who will serve as the liaison between the applicant and the Forest Service and have full authority to act on the terms of the permit. There may be more than one designee, each of whom has the authority to act on one or more permit terms (i.e., one person may deal with operations issues, one may deal with maintenance issues, and another may deal with financial issues). The designees’ names and job titles must be included in the application.

2. Please describe the training for the applicant’s employees.

3. Please describe how you will handle employee conduct and compliance with all applicable federal, state, and local laws. Federal prohibitions include but are not limited to:

a. Engaging in conduct prohibited by Forest Service regulations at 36 CFR Part 261, Subpart A; and

b. Being under the influence of intoxicating beverages or narcotic drugs while on duty.

4. Please describe your plan for employee uniforms/dress. Concessionaire employees should be easily identifiable to the public. The applicant’s employees may not wear any component of the Forest Service uniform, including Forest Service volunteer uniform components.

5. Please describe your plan for any motor vehicles used in maintenance activities. Motor vehicle use is allowed on National Forest System roads and National Forest System trails only if they are designated for that purpose or if motor vehicle use of those roads and trails is expressly authorized by the permit. If a motor vehicle is driven on grounds for maintenance purposes (e.g., golf cart to service picnic area), the motor vehicles should be clean, quiet, well-maintained, and identifiable by the public.

5. Customer Service Please describe your plan for delivering quality customer service, including:

1. Customer service comment cards available to the public. A sample comment card is included in FS-2700-34, Appendix 6.

The Forest Service reserves the right to conduct random use counts and surveys in the permit area regarding the service they are receiving. These surveys may be used for ongoing monitoring, as well as the holder’s annual performance evaluation (FS-2700-34, Appendix 7).

6. Pre-Season Operations

6a. General Requirements Please describe your plan to conduct the following pre-season inspections and maintenance before the annual operating season begins including:

1. If year-round operations are proposed, the applicant must propose an annual inspection and maintenance date prior to the start of the minimum operating season.

2. Inspection of hazard trees. (For purposes of this operating plan, “hazard tree” is defined as a standing tree that presents a visible hazard to people or property due to conditions such as deterioration of or damage to the root system, trunk, stem, or limbs or the direction or lean of the tree.)

3. Correcting any safety and maintenance deficiencies identified during the inspection, including identifying and felling of hazard trees, before the operating season begins.

4. Documenting any corrective actions taken.

5. The proposed operating plan must provide for thorough cleaning of all facilities prior to the operating season. Please reference Appendix 21 for a list of required responsibilities.

The Forest Service has no duty to inspect the permit area or operations of the selected applicant for hazardous conditions or compliance with health and safety requirements or to correct hazards identified in the permit area. The proposed annual operating plan must provide that the applicant is solely responsible for performing and documenting an annual pre-season safety and facility inspection of the permit area. The proposed annual operating plan must provide that the applicant is solely responsible for eliminating or mitigating high-risk conditions as soon as practicable and for closing affected areas until the high-risk conditions are eliminated or mitigated.

6b. Pre-Season Requirements for Water Systems

The proposed annual operating plan must provide for compliance with all existing and future applicable federal, state, and local public health and safety requirements for operation of the water systems, including any required certifications. The water is sourced from a public well.

The proposed annual operating plan must provide for properly activating the water systems before opening the facility. The proposed annual operating plan must provide for the applicant to affect all repair of water system components necessitated by vandalism or improper operation or maintenance, such as damage to valves, water lines, and other system components due to improper winterization.

The proposed operating plan must include procedures for ensuring the safety of the water system year round. Please reference Appendix 20 for specific requirements. Coordination with the Forest Service will be needed if the operating season is less than the dates Forest Service needs water in the Caretaker's residence.

7. Operating Season MRR The proposed annual operating plan must address the following operational requirements and holder Maintenance, Reconditioning or Renovation (MRR) during the operating season.

7a. Holder MRR During the Operating Season The proposed annual operating plan must specify the types and frequency and provide for documentation of holder MRR. Holder MRR is not subject to Granger-Thye (GT) fee offset. Only Government maintenance, reconditioning, renovation, and improvement is subject to GT fee offset under a GT fee offset agreement.

Please describe your plan for conducting a mid-season inspection and taking any corrective action identified in the inspection. The Forest Service has no duty to inspect the permit area or operations of the selected applicant for hazardous conditions or compliance with health and safety requirements or to correct hazards identified in the permit area. The proposed annual operating plan must provide that the applicant is solely responsible for eliminating or mitigating high-risk conditions as soon as practicable and for closing affected areas until the high-risk conditions are eliminated or mitigated.

7b. Operational and Maintenance Requirements for Water Systems The proposed annual operating plan must provide for compliance with Appendix 10 (FS-2700-4h, Appendix G/F, Operation of Federally Owned Drinking Water Systems) and Appendix 20, and all existing and future applicable federal, state, and local requirements for operation and maintenance of the water systems during the operating season. Coordination with the Forest Service will be needed if the operating season is less than the dates Forest Service needs water in the Caretaker's residence.

In your proposed annual operating plan please describe how you will comply with Appendix 10 and Appendix 20 including but not limited to:

1. Certification and training for those operating water system

2. Plan for implementing sanitary testing as described in Appendix 20

3. Record keeping plan for operation and maintenance of water system

a. How the Forest Service can access this log upon request

4. Plan for repairs

7c. Standards for Facility Cleaning and Holder MRR Please describe your plan for cleaning facilities and completing holder MRR that at a minimum address the following:

1. All facilities:

a. Removal of graffiti and repair of vandalized facilities.

b. Cleaning and maintenance of facilities.

c. Eliminating or mitigating any high-risk conditions identified during the operating season as soon as practicable or closing affected areas.

d. Ensuring electrical systems meet applicable state and local requirements.

e. Cutting grass and trimming overhanging brush around picnic tables, bulletin boards, water hydrants, barriers, signs, buildings, parking areas, paths, and other facilities.

2. Toilet facilities:

a. Cleaning frequency and procedures, including odor control, removal of human waste, maintaining vault toilet building, and pumping vault toilet and septic tanks for flush toilets to an approved sanitary landfill or treatment plant on a schedule agreed to with the Forest Service. See Appendix 21.

3. Grounds:

a. Keeping the facility free of litter and domestic animal waste.

b. Preventing or correcting loss of vegetation and erosion caused by recreational use in accordance with the approved vegetation management plan.

c. Removing any nails, ropes, and wire from trees.

d. Mowing grass and trimming vegetation.

e. Maintaining a level surface around picnic tables.

f. Maintaining grills and ensuring proper disposal of ashes, charcoal, and unburned wood from grills. Keeping area near grill clear of combustible materials.

g. Providing sufficient trash receptacles, keeping them clean and free of objectionable odors, and emptying trash before it exceeds capacity. Disposing of all trash from National Forest System Lands in accordance with applicable state and local law.

4. Roads and Trails:

a. Maintaining walkways and paths, including clearing debris and trimming overhanging vegetation and maintaining proper drainage to minimize water damage.

b. Plowing in winter if year-round operations are proposed.

8. Post-Season Operations

8a. General Requirements Please describe your plan for post-season safety and facility inspection including:

1. If year-round operations are proposed, the applicant must propose an annual inspection and maintenance date after the end of the minimum operating season.

2. Inspection of hazard trees, plan for removal of hazard trees prior to the next season, and preparing and submitting a report of the inspection to the Forest Service.

3. Correcting any safety and maintenance deficiencies identified during the inspection.

4. Preparing the facility for a period of no-use if year-round operations are not proposed.

5. Documenting any corrective actions taken.

The Forest Service has no duty to inspect the permit area or operations of the selected applicant for hazardous conditions or compliance with health and safety requirements or to correct hazards identified in the permit area. The proposed annual operating plan must provide that the applicant is solely responsible for conducting and documenting an annual post-season safety and facility inspection of the buildings and grounds. The proposed annual operating plan must provide that the applicant is solely responsible for correcting any safety and holder MRR deficiencies identified during the inspection, including identifying and felling hazard trees, before the next operating season begins. The proposed annual operating plan must provide that the applicant is solely responsible for eliminating or mitigating high-risk conditions as soon as practicable but no later than before the next operating season begins.

8b. Post-Season Requirements for Water Systems If year-round operations are not proposed, the annual operating plan must provide for properly shutting down the water systems during the winter season, including:

1. Draining all pumps, holding tanks, water lines, hydrants, and faucets, ideally by pressurizing them with an air compressor.

2. Securing hand pumps so that water is not available to the public.

3. Coordination with Forest Service to ensure supply of water to the caretaker's residence if operating season is less than time Forest Service needs operation of water in caretaker's residence.

If year-round operations are proposed, the frequency of operations must be adequate to prevent risk of damage from inattention.

8c. Utilities If year-round operations are not proposed, the proposed annual operating plan must:

1. Plan for garbage dumpsters to be secured or removed to prevent overflow from off-season visitors.

9. Signs, Posters, and Advertising Please describe signs and posters you intend to post on site. Required signs include:

1. The proposed annual operating plan must provide for posting a sign on the entrance board (located between parking lot and lodge) for the facility stating that the facility is operated under a permit issued by the Forest Service and including the name of the concessioner and the concessioner’s contact information.

2. The proposed annual operating plan must provide for posting signage with Forest Service-approved wording documenting compliance with Title VI of the Civil Rights Act of 1964, such as USDA’s And Justice for All poster.

3. The proposed annual operating plan must provide for the Unicor P23-43 Welcome to Your National Forests poster or a Forest Service-approved equivalent to be posted on entrance boards to inform the public of applicable prohibitions in Forest Service regulations at 36 CFR Part 261, Subpart A.

4. The proposed annual operating plan must provide for the location, design, size, color, and content of any additional signs or advertising posted on National Forest System lands to be approved by the Forest Service.

5. Ensuring that information boards look professional and uncluttered and contain appropriate and current information in multiple languages, as needed, and are well-maintained and meet Forest Service sign standards.

6. The proposed annual operating plan must provide that the applicant may not misrepresent in any way, either orally, online, or in print, any aspect of the authorized use and occupancy, including services provided by the applicant, the status of the permit, or the permit area.

7. The proposed annual operating plan must provide for all forms of the applicant’s advertising to state that the permit area is located in the Chequamegon-Nicolet National Forest. All signs and posters need to be approved by the Forest Service. Companies that sell Forest Service-approved signs include Unicor.

8. The proposed annual operating plan must provide for all forms of advertising to state that the applicant is an equal opportunity provider.

10. Fire Safety Plan The proposed annual operating plan must address fire safety:

1. Visitor and employee safety, including but not limited to an emergency evacuation plan and communication plan.

2. Fire extinguishers are provided in inventory; applicant must provide a plan for replacement and inspection.

11. Emergency Response & Law Enforcement The proposed annual operating plan must address the applicant’s response to medical, law enforcement, facility, fire, flood, and other types of emergencies that might occur in and around the facility. Forest Service, state, and local law enforcement and the selected applicant each have enforcement roles at concession sites. Form FS-2700-34, Appendix 08, addresses enforcement authorities and responsibilities at concessions (FSM 2342.1, exhibit 01). Please describe how you will keep the facility secure, including but not limited to:

1. Reporting vandalism, destruction of federal or personal property, and criminal violations within 24 hours of discovery or notification to local law enforcement and the Forest Service.

2. Measures that will be taken to prevent vehicle parking from causing resource damage and blocking traffic.

3. Rules of use addressing the following:

a. Leashing of dogs.

b. Excessive noise.

c. Overnight camping in parking areas.

d. Discharge of firearms in the permit area.

e. Vandalism, particularly of toilet facilities and trees.

f. Illegal campfires.

g. Applicable noise restrictions.

12. Bears and Other Wildlife The proposed annual operating plan must address facilitation of safe human-wildlife interactions, including but not limited to posting the following precautions and guidelines:

1. Do not feed bears or other wildlife.

2. Report unusual bear activity within 24 hours to the state department of fish and wildlife.

3. Post messages relating to bear activity on signboards.

4. Use approved wildlife-proof trash containers, as needed.

5. Keep all food in secure containers.

6. Properly dispose of all trash and wastewater containing food as soon as possible.

13. Rodent Control The proposed annual operating plan must address rodent control within all buildings within the permit area.

14. Vegetation Management The proposed annual operating plan must include a proposed vegetation management plan specifying the methods, frequency, and types of vegetation management to be conducted by the applicant to meet operation and maintenance requirements in the proposed annual operating plan.

1. The proposed vegetation management plan must provide for use of pesticides in accordance with the terms of the permit, including but not limited to submission of a Pesticide-Use Proposal for concurrence by the Forest Service.

2. The proposed vegetation management plan must provide for preventing the infestation and spread of noxious weeds in the permit area, including the ability to identify common noxious weeds in the permit area; performing timely treatment by mechanical or chemical means in accordance with a Pesticide-Use Proposal; and performing timely and effective revegetation of disturbed areas where noxious weeds may grow. The proposed vegetation management plan may provide for use of a collection agreement with the Forest Service for noxious weed treatments.

15. Hazard Trees The proposed annual operating plan must provide for the applicant to submit a request to the authorized officer to remove any hazard trees identified by the holder as soon as practicable after identification. The proposed annual operating plan must provide for the authorized officer to respond to the request in writing as soon as practicable.

Consistent with the prospectus, the proposed annual operating plan must provide that:

1. The applicant’s annual responsibility for the costs of felling hazard trees in the permit area is limited to 1% of the applicant’s annual adjusted gross revenue.

2. The Forest Service is responsible for paying the annual costs of felling hazard trees in the permit area only to the extent the annual costs exceed 1% of the applicant’s annual adjusted gross revenue.

3. The Forest Service’s responsibility for the annual costs of felling hazard trees in the permit area that exceed 1% of the holder’s annual adjusted gross revenue in no way affects the applicant’s sole responsibility for inspection, identification, and felling of hazard trees in the permit area.

4. Only the annual costs of felling hazard trees in the permit area that exceed 1% of the applicant’s annual adjusted gross revenue are eligible for GT fee offset.

5. The extent to which the annual costs of felling hazard trees that exceed 1% of the applicant’s annual adjusted gross revenue are eligible for GT fee offset must be identified in the GT fee offset agreement.

The proposed annual operating plan must provide for the applicant to notify the authorized officer when approved cutting, destruction, or trimming of hazard trees and other types of vegetation has been completed.

15a. Disposal of Trees that Do Not Meet Utilization Standards

The proposed hazard tree management plan must provide for the applicant to:

1. Cut all stumps from hazard tree removal flush with the ground to reduce tripping hazards;

2. Buck slash and logs; and

3. Stack slash and logs for customer use, remove them from the grounds, or scatter.

The proposed vegetation management plan must provide for the applicant to remove any slash or logs that are a barrier to use of a campsite or constitute a safety hazard. The proposed annual operating plan may provide for slash and logs 6 inches or less in diameter to be bucked for free firewood and for slash and logs greater than 6 inches in diameter to remain on-site as woody material for wildlife.

15b. Disposal of Trees that Meet Utilization Standards The proposed vegetation management plan must provide for the Forest Service to determine the method of disposal of trees felled in the permit area that meet utilization standards. The proposed annual operating plan must provide for disposal to be by sale or without charge per 36 CFR Part 223, as may be most advantageous to the United States.

The proposed annual operating plan must provide that if sale to the applicant is deemed appropriate for disposal by the authorized officer, in consultation with the local timber management staff, any such timber sale contract between the Forest Service and the applicant will not be interpreted to override or modify the Damage to United States Property clause, clause III.G, and the Indemnification of the United States Clause, clause III.J, in the permit or in any way affect the Forest Service’s ability to recover as an additional insured under the insurance obtained by the applicant under the Insurance Clause, clause III.K, in the permit for any injury, loss, or damage arising from the applicant’s use and occupancy, including cutting, destruction, or trimming of vegetation in the permit area.

16. Performance Evaluations The proposed annual operating plan must provide for the Forest Service, to the extent deemed feasible and appropriate by the Forest Service, to conduct a performance evaluation during the applicant’s annual operating season and, to the extent deemed feasible and appropriate by the Forest Service, to conduct a follow-up performance evaluation before the end of the holder’s annual operating season to determine whether any noncompliance identified during the mid-season performance evaluation has been corrected.

16. Performance Evaluations