Attachment 5 - Draft Scope of Work - Reference Only.pdf

Section 3 DRAFT Scope of Work – For Reference Only – Not Final

3.1 General Description of Services

The Contractor shall operate a commercial concession at Honey Creek Resort (HCR) on publicly-owned property to provide specified recreational facilities and services to the public for profit.

DAS desires that a private commercial enterprise operate HCR in a profitable and sustainable manner so as to support the economic base of the region and communities surrounding the resort and to ensure a valuable State resource is maintained with minimal public financial and administrative resources.

3.1.1 This Contract gives the Contractor exclusive rights to conduct concession operations within the Land Area Assignment and for its employees, contractors, agents and representatives to use the Land Area Assignment and to ingress and egress therefrom, to prepare for and perform the concession operations and all other services necessary or desirable to perform the obligations of the Contractor under this Contract. The Contractor must have DAS approval prior to allowing other vendors to do business in the Land Area Assignment.

3.1.2 The Contractor shall charge rates that are reasonable and appropriate for the type and quality of the facilities or services. These rates shall be comparable with similar facilities and services provided in the private sector. DAS shall have the right to review said rates.

Details on the rate review process and procedures for establishing complimentary or reduced rates is provided within the Operating and Maintenance Plan.

3.1.3 The Contractor shall be allowed to charge a "Conservation Fee" of at least three point seven five (3.75%) percent on the fee for rooms, cottages, golfing, and cart and RV campsite rentals. Any increases to this fee shall be reviewed and approved in writing by DAS. These fees shall be used for the furtherance of Sustainability and Naturalist Activities.

2.1 Resort Operations

The Contractor shall manage, operate, and staff the following Resort facilities and amenities in accordance with all applicable federal, state, and local laws, rules, regulations, permits, and applicable industry standards:

2.1.1 Main Lodge

2.1.2 Cottages

2.1.3 Rathbun Lakeshore Grill

2.1.4 Recreational Amenities (including the pavilion/outdoor shelter, restrooms, playground, basketball court, and resort beach).

2.1.5 Courtesy Dock

2.2 Golf Course Operations

2.2.1 The Preserve & Pro Shop

2.3 Compliance with Lease Agreement

Respondent must act in compliance with lease agreement with Secretary of the Army No.

DACW41-1-97-233.

2.4 Compliance with Human Trafficking Prevention Training Certification Respondent must be in compliance with Iowa Code section 80.45A.

https://www.legis.iowa.gov/docs/code/80.45A.pdf

2.5 Capital Improvements

The Contractor may propose capital improvements to HCR. Contractor shall not implement any of these Capital Improvements without following the procedures set forth in Section 2.6. The funds for these improvements will not be from the Contractor Fees described in Section 4, or from the Personal and Real Property Replenishment Fund (PRF).

2.6 Contractor Investment

Contractor shall provide $xx over the 5-year period of Contractor Agreement to be used exclusively for the following enhancements:

3.7.1 TBD

3.7.2 TBD

3.8 Personal Property

3.8.1 State Personal Property

The Contractor is authorized to use State-owned Personal Property solely for the performance of this contract. A complete inventory of the Personal Property provided is detailed in Attachment X. The Contractor shall maintain and return all property in good condition, subject to normal wear and tear, unless otherwise specified in the contract.

3.8.2 Contractor Personal Property

Contractor shall provide any and all other Personal Property needed in performance of the Contract. Any such additional Personal Property provided by Contractor shall remain the property of Contractor in the event of suspension or termination.

3.9 Maintenance Responsibility

The Contractor shall maintain all Facilities and Personal Property in a clean, sanitary, and safe manner, and shall likewise keep the same in good order and repair to the reasonable satisfaction of the DAS. DAS will perform periodic inspections of Facilities and Personal Property.

3.9.1 The Contractor shall maintain all DAS Facilities and DAS Personal Property along with all Contractor Personal Property in a clean, sanitary, and safe manner, and shall likewise keep the same in good order and repair to the reasonable satisfaction of the DAS, in all cases, as required by and based upon the standards outlined in the Operating and Maintenance Plan.

https://www.legis.iowa.gov/docs/code/80.45A.pdf

3.9.2 Disposal and replacement

When DAS Personal Property ceases to be serviceable, it shall be disposed of by the Contractor after notification to DAS. The Contractor shall be responsible for coordinating disposal. Proceeds from the disposal, minus administrative and disposal fees if any, shall be the property of DAS.

3.10 Environmental Protection

3.10.1 Reporting and Notice

The Contractor shall make available upon request an inventory of federal Occupational Safety and Health Administration (OSHA) designated hazardous chemicals used and stored in the Land Area Assignment by the Contractor. The Contractor shall make available upon request copies of all documents, reports, monitoring data, manifests, and other materials required under applicable laws to be submitted to regulatory agencies.

3.10.1.1 The Contractor shall provide DAS immediate notice of any Environmental

Condition of which it is or should have been aware.

3.10.1.2 The Contractor shall provide DAS immediate notice of any written threatened or actual notice of violation from other regulatory agencies of any applicable law arising out of the activities of the Contractor its agents or employees.

3.10.2 Corrective Action

The Contractor, at its sole cost and expense, shall promptly control and contain any Environmental Condition arising during the term of this Contract solely and directly from the actions or omissions of the Contractor or its Subcontractors or affiliates under this Contract, including but not limited to payment of any fines or penalties imposed by appropriate agencies; provided that Contractor shall not be responsible for, or have any liability related to any Environmental Condition present in, on, over, under or at the Land Area Assignment or the DAS Facilities as of the date of this Contract or created by any acts, or failures to act, by the State or prior contractors.

3.10.3 Pest, Invasive Plant, and Weed Management

The Contractor shall be responsible for managing weeds and invasive plants, harmful insects, rats, mice, and other pests within the Land Area Assignment.

3.11 Employees

Contractor shall retain all personnel necessary to provide the visitor services required and authorized by this Contract. The Contractor shall comply with all applicable laws relating to employment and employment conditions.

3.12 Advertising

The Contractor shall use a high-level of professional discretion in all forms of advertising, marketing, and promotions. All promotional material, regardless of media format (i.e., printed, electronic, broadcast media) provided to the public by the Contractor in connection with the services provided under this Contract shall identify the Contractor as an authorized Contractor of

DAS.

3.12.1 The following are all the property of the State of Iowa and may be used only with the prior advance written approval from DAS (not to be unreasonably withheld, conditioned or delayed) in advertising, promotions, or other marketing materials:

● HCR's park name and logo and trademarks;

● "Iowa State Parks" name and associated logos or trademarks;

● DAS's logo and trademark; DAS's web domain (www.das.iowa.gov);

● the existing names or any new names established during the term of this Contract for

HCR's cottages, bedrooms, banquet halls or meeting spaces, recreation facilities, or common areas; the names of internal park roads, buildings, pavilions, open spaces, portals, or other such areas on the property; and HCR's web domain (www.honeycreekresort.com).

3.12.2 Under no circumstance shall Contractor be entitled to any compensation for the use of these names, domains, logos, or trademarks nor shall Contractor be entitled to any compensation for any DAS-approved redesigns made or commissioned by Contractor to the same.

3.12.3 All advertising, promotions, and marketing efforts shall comply with all applicable state or federal laws.

3.13 The Contractor shall comply with all laws, rules, and regulations of the state of Iowa and the local political subdivision and secure all necessary licenses and permits as they pertain to the operation of the various parts of the concession. The Contractor shall also pay other fees required by law for the various permits, items, or operations in connection with the concession.

3.14 Hours and Days of Operation

From time to time in its reasonable discretion, the Contractor may adjust the hours and days of operations of HCR or any of the amenities to reflect demand (or lack of demand) by customers and visitors.

3.15 Records and Reports

The Contractor shall submit to DAS on an annual basis financial statements reviewed by an independent Certified Public Accountant in accordance with Generally Accepted Auditing Standards and procedures promulgated by the American Institute of Certified Public Accountants.

In addition, the Contractor shall provide to the DAS specific usage and financial reports as dictated more fully in the Operating and Maintenance Plan. The Contractor shall maintain books, records, and documents that sufficiently and properly document and calculate all charges billed to the DAS throughout the term of this Contract for a period of at least five years following the date of final payment or completion of any required review, whichever is later. Records to be maintained include both financial records and service records. The Contractor shall permit the Auditor of the State of Iowa or any authorized representative of the State to access and examine, audit, excerpt, and transcribe any directly pertinent books, documents, papers, electronic or optically stored and created records or other records of the Contractor relating to orders, invoices, or payments or any other documentation or materials directly pertaining to this Contract, wherever such records may be located. The Contractor shall not impose a charge for audit or examination of the Contractor 's books and records.

http://www.das.iowa.gov/ http://www.honeycreekresort.com/

3.16 Facilities

Smoking is prohibited in all buildings and shall be allowed only in designated areas outside.

3.17 Monitoring and Review

3.17.1 In compliance with the State of Iowa Accountable Government Act, DAS will monitor the performance of the Contractor to make sure that Contractor is meeting the standards defined in the Contract and achieving the specified results. Once a quarter, or more frequently if warranted, the Contractor shall meet with DAS staff for the purpose of reviewing operational and financial performance, condition of personal property, real property operation, maintenance and development, as well as other operational issues that may be of relevance to both parties. Meetings shall take place at HCR. Performance Measures shall include:

• Contract Compliance

• Facility Condition and Deferred Maintenance progress

• Customer Experience Satisfaction

• Operational Performance

• Operational Servicing and Maintenance Requirements

• Operational and Capital Budgeting

• Sales and Marketing Functions

• Community Involvement

3.17.2 DAS shall schedule a meeting to review the annual inspection findings with the

Contractor.

3.17.3 The Contractor shall develop a plan and schedule to address any deficiencies identified within the annual inspection. The DAS shall then monitor the progress of the Contractor's plan for compliance.

3.18 Accounts

3.18.1 Maintenance Reserve Fund (MRF)

3.18.2 Personal and Real Property Replenishment Fund (PRF)

The Contractor shall establish and fund an interest-bearing account for deferred maintenance of Real Property and replacement of Personal Property, into which it shall deposit x% of monthly Gross Revenue. Such amounts shall be deposited no later than the fifteenth (15th) day of the month following the month in which such Gross Revenues were measured. Failure to timely deposit funds shall result in the interest accumulation of one percent of the unpaid amount per month for each unfunded month. Access and visibility to this fund shall be provided to the Agency.

DAS shall have full control of this fund and any expenditure from this fund. Generally, expenditures from this account will be made for major maintenance repairs to Real Property, or replacement of Personal Property used for the maintenance and operations of the facility by DAS, or for any other purpose determined by DAS to further Resort operations. Any property purchased using these funds shall be considered property of the State and shall remain with the State upon termination of the Contract. This account will not be used for routine maintenance or preventative

Brincks, Jocelyn Pending Nathan / Ryan review via email 9/4/26 maintenance or other similar operating expenses of the Contractor. This account will not be used for Capital Improvements proposed as part of the Contractor’s required investment (‘Capital Investment Contribution’ as defined in Section 3.18.3).

3.18.3 Capital Improvement Investment

3.18.4 Gift Card Account

The Contractor shall establish a Gift Card account into which it shall deposit $XXXX provided by the Existing Operator/DAS on or before [DATE] to offset Contractor’s expenses associated with the redemption of gift cards and gift certificates issued by the Existing Operator.