Concession Requirements.docx

EXHIBIT A:

GENERAL CONCESSION REQUIREMENTS

1. AUTHORITY

Pursuant to IC 14-19-1-2, the State provides facilities for the use and enjoyment of the public. The responsibility of the State is to either operate or contract for the operation of the facilities so as to maximize service and benefit to the public according to approved standards. Duties set forth herein outline the granting of this Contract for the operation of the Roush Lake FWA Shooting Complex (“Concession”) according to those standards of maximum use, service, and benefit to the public in a manner that does not impact the State adversely in any way. This Contract grants the right to the Contractor to provide only the goods and services specified within this Contract for only the operations and areas for the Concession specified within this Contract. It is understood that the State shall make all decisions related to the management of the property where the Concession is located, including which concession operations shall or shall not be located on the property.

2. COMPLIANCE WITH REGULATIONS

The Contractor agrees to comply with all Federal and State laws relating to nondiscrimination in connection with any use, operation, program, or activity on or related to the State’s facilities.

A. DNR Regulations. The Contractor shall adhere to all DNR General Property Regulations as found in 312 IAC 8, 312 IAC 5 (if applicable), and 312 IAC 9, and successor regulations. These rules and regulations are duly promulgated pursuant to IC 4-22-2 and have the force and effect of law.

B. Licensure, Certification, and Accreditation. The Contractor and its employees and subcontractors shall comply with all applicable licensing standards, certification standards, accrediting standards and any other laws, rules or regulations governing services to be provided by the Contractor pursuant to this Contract. The State shall not be required to reimburse Contractor for any services performed when Contractor or its employees or subcontractors are not in compliance with such applicable standards, laws, rules or regulations. If licensure, certification or accreditation expires or is revoked, Contractor shall notify State immediately and the State, at its option, may immediately terminate this Contract.

3. STANDARDS OF ABILITY

A. Financial Competence. The Contractor assures competence and financial ability to perform the work contemplated in the Contract and agrees, upon request, to furnish the State with evidence of competency and financial ability before the granting of the Contract, and anytime during the term of this Contract.

B. Operational Supervision. The Contractor shall give the business daily, personal supervision and shall operate the business under the Contract according to law. The Contractor shall be present at the Concession at all times that it is open for business or shall be represented by a responsible person. The Contractor shall establish, maintain, and operate the Concession in such manner as to provide the prescribed services to the public according to the best standards prevailing for a similar business. State operational standards of the Concession with respect to the quality of service rendered, hours the concession is open, accepted sanitation, proper exterior building maintenance, and other operational matters as the State may designate shall be determined by IDNR Property Management.

4. STANDARDS OF RESPONSIBILITY

A. No Unnamed Partners. The Contractor assures there are no unnamed partners legally interested in or having authority over the operation or management of the concession and further assures that the Contractor is the only person responsible for carrying out the duties as written in the Contract.

B. Outside Vendors. Only with prior agreement and written approval from the State, the Contractor may periodically have an outside vendor work for a specified, limited time on the property at events identified and described in Exhibit D of the Contract, only when such events fulfill Contractor responsibilities and expand daily Concession operations beyond standard capabilities. Written approval must be granted by the State thirty (30) days in advance of the Contractor hiring the outside vendor.

C. Subcontracts. The Contractor may execute subcontracts for services as the manager of the business authorized under the terms of this Contract. The subcontracts must include provisions that absolve the State of any obligation to the subcontract, and that automatic terminates the subcontract upon the termination of this Contract. Furthermore, any and all such subcontracts must include language for automatic termination in the event that the State enters into a direct agreement of exclusivity with a specific provider. The Contractor shall indemnify, defend and exculpate the State from any liability which may accrue or be asserted against the State under all contracts or agreements.

5. CONCESSIONAIRE FEES

A. Fee Structure. The Concessionaire Fees (“Fees”) payable by the Contractor to the State for the rights and privileges conveyed in this Contract shall be as marked below. Fees may be negotiated for subsequent contract terms.

__________ A sum equal to the percentages indicated below of the gross income of the business. Payment of the Fees shall be the first charge among all operating expenses incurred and shall be received by the State on or before the eighth (8th) day of each month for the entirety of the preceding calendar month or it shall be paid at such other times for such other periods as the State may direct.

_____X_____ A flat fee of $500.00 (five-hundred dollars) per concession year, due and payable before the Concession operation opens for the main season in March.

B. Gross Income. Gross income shall be the total amount of all the receipts in cash, credits, property, or interest of whatever kind received by the Contractor from all business done under the provisions of this Contract. However, gross income shall not include deferred credits, internal sales, sales tax receipts, nor other taxes which may be required to be collected from guests, nor any part of the receipts which constitute repayment by guests of monies advanced on their behalf and for their convenience by the Contractor.

C. Reporting. By the last day of the first month of a new concession year, the Contractor shall provide a gross sales and income report by revenue department for the Contractor’s previous year of operation. Contractor shall include in this report the amount collected from customers for all sales during the previous year.

D. Late Payment Interest. Rental fees due and payable to the State which are not paid in accordance with this section of the Contract shall bear and accrue interest daily until paid at the rate of 1-1/2% per month, or a flat late fee of $50.00, whichever is greater. Repeated violations of timely payment may result in the termination of this Contract by the State as defined within this Contract.

6. STATE BUILDINGS, GROUNDS, AND EQUIPMENT

The State is responsible for the general management of the property on which the Concession is located. The granting of this Contract to the Contractor for the operation of the Concession DOES NOT GRANT THE CONTRACTOR EXCLUSIVE RIGHTS TO THE ENTIRE PROPERTY where the Concession is located.

A. Designated Buildings and Equipment. The State has provided the below-listed buildings and items of equipment for use by the Contractor for the sole purpose of conducting the Concessions outlined within this Contract.

1 each – Range building 2 each – Mini split AC 4 each – In ceiling heater 1 each – Shooting range shed 1 each – Shooting range storage building (20x20) 1 each – Pistol/Rifle range (baffled area) 1 each – Shotgun range (including patterning area) 1 each – Archery range 5 each – Archery target 2 each –Trap house 3 each – Skeet house 2 each – Token machine 2 each – Trap thrower machine 2 each – Trap release foot pedal (with cord) 2 each – Trap release hand control (with cord) 4 each – Skeet thrower machine 3 each – Skeet release hand control (with cord) 1 each – Hoop gauge for skeet 1 each – Security system (including 7 cameras, 1 monitor, receiver box) 1 each – PA system (10 speakers, 1 amp, 2 microphones) 1 each – Corded telephone 1 each – Flags (1) American, (1) Indiana, and (1) red range flag (=3 total) 2 each – Flag pole 1 each – Defibrillator 6 each – Fire extinguisher 1 each – Wall mounted first aid kit 1 each – Mini sized refrigerator 1 each – Microwave oven 1 each – Vending machine 3 each – Metal range storage cabinet 19 each – Wooden picnic table 3 each – Muzzleloader loading table 15 each – Wooden shooting bench 2 each – Archery or shotgun patterning bench 3 each – Metal shooting stool 6 each - Movable deflector screen 4 each – Composite long gun stand 4 each - Wooden long gun stand 4 each - Composite bench 1 each - Pallet jack 18 each - Mobile target stands for pistol range 21 each – Stationary target stand (50 and 100 yard ranges) 26 each – 30 gallon metal trash cans with lid 3 each – 30 gallon plastic trash can 3 each – 13-gallon plastic trash cans with lid 1 each – Metal 2 drawer filing cabinet 1 each – Cabinet with countertop and sink 1 each – Counter top 1 each – Champion gun safe 1 each - Chemical bin for storage brass 1 each – Rolling brass collector 1 each - Rolling magnet 3 each - Plastic shooting equipment transport wagon 8 each – Metal shooting equipment transport wagon 13 each – Spare wagon wheels 2 each - 3’ x 6 ‘ wagon 1 each – Flammables cabinet 5 each – Angled broom 3 each – Dust pan 1 each – Mop and bucket 1 each - Plunger 13 each – Push broom 6 each - Extension cord 1 each – Miter saw 42 each – 5 gallon bucket 7 each – 8 foot fluorescent bulb 36 each – 4 foot fluorescent bulb 1 each – 8 foot folding ladder 2 each – Rolling office chair 1 each – Septic system 1 each – Wheeled salt spreader 1 each – Shop vacuum 5 each – Shovel 2 each – Snow shovel 10 each – Stapler gun 2 each – Smoking station 1 each – Water heater 1 each – Water softener

Concession Area. The licensed premises and assigned boundaries (“Concession Area”) – that are to be used by the Contractor for the sole purpose of conducting the Concessions operations in strict accordance with all terms and provisions imposed by this Contract – are depicted in Exhibit B of this Contract.

B. Agreement of Use. The Contractor is aware of and agrees that it shall use, occupy, and maintain the Concession Area in a business-like, careful, clean, and non-hazardous manner that conforms with all State and Federal laws, regulations, and/or requirements. Written approval by the State shall be required for other proposed use in conjunction with or in addition to those specified in this Contract. Contractor will practice all environmental and usage controls as outlined within the Contract as attached in Exhibit D and incorporated herein. Contractor further agrees that it shall permit no waste, nor suffer the same to be committed, nor injure, nor misuse the Buildings, Grounds, and Equipment owned by the State. Contractor to follow Range Standard Operating Procedures as outlined in Exhibit E.

C. Equipment. The Contractor agrees to accept equipment on an “as-is” basis. Any repairs required shall be at the sole expense of the Contractor. Any items of equipment that the Contractor does not wish to accept shall be removed by the State in a timely manner. The Contractor agrees to furnish the concession at the Contractor’s own expense with additional items of equipment as directed by the State. The State shall not be responsible for any loss of product or sales due to the malfunction of any equipment owned by the State.

D. Alteration of Buildings and Equipment. The Contractor shall not modify water supply lines, waste lines, electric lines, or other utility, machinery, or fixtures except upon written permission from the State. The Contractor shall not install, move, or alter any permanent or temporary equipment belonging to the State in or about the Concession Area.

E. Return and Disposition. The Contractor shall return State-owned buildings, supplies, and equipment to the State at the termination of this Contract in a condition equivalent to that in which they were received by the Contractor. If the State determines the need for cleaning after the Contractor returns the use of the Concession, the Contractor must reimburse the State for all costs incurred for such cleaning.

F. Option to Purchase. Upon the termination of this Contract for any reason, the State, or any person designated by the State, shall have the first option to purchase from the Contractor all on-hand supplies and equipment of the Contractor at the original cost or at their market value, whichever is less. However, the State or such designated persons are not obligated to purchase such items.

G. Lien and Inspection. To secure the payment of the Concessionaire Fees, the State is given a lien on all personal property belonging to the Contractor, which may be located on the assigned premises and used in the operation of the business conducted under the Contract. The Contractor hereby authorizes the State to file a Financial Statement, UCC-1. The State and/or any Federal parties with an interest in this Contract, at any and all reasonable times reserves the right to enter the Concession Area, without prior notification, for inspection and/or investigative reasons. This includes, but is not limited to, the State’s right to install and operate surveillance equipment in or on the premises within the Concession. Evidence obtained through personal, mechanical, electronic, or any other technological or other means may be used by the State in civil and/or criminal actions brought against the Contractor. The Contractor shall keep the Concession Area free from any and all liens arising out of any work performed, materials furnished, or obligations incurred by Contractor during the term of this Contract or any extension or renewal thereof.

H. No Sublets. The Contractor shall not assign this Contract or any interest therein, nor let or sublet the said premises or any part thereof or any right or privilege appurtenant thereto, nor permit the occupancy or use of any part thereof by any other person. Said let or sublet shall be grounds for termination of the Contract by the State.

I. Coin-Operated Amusement Machines. The Contractor shall not permit or provide for the installation of mechanical rides, pinball machines, coin-operated amusement machines, jukeboxes, (music boxes, record players), or similar devices in or about the Concession Area.

J. Vending Equipment. The Contractor shall secure written approval from the State prior to installation within the Concession Area of any vending equipment not owned by the State. The plan of operation of vending equipment, including the percent of revenue paid to the State, shall be on a basis satisfactory to the State. Revenue shall be entered on the records in the same manner as other revenue is reported.

K. Utilities. The Contractor shall pay all utilities used in or about the Concession Area as marked below, whether billed to the Contractor by the State or billed directly to the Contractor by any utility provider.

L. Snow Removal. The Contractor is responsible for all snow removal of all sidewalks and shooting areas. Property staff will remove snow from the access lane and parking areas.

M. Lawn and Landscaping. The Contractor will follow the instructions as outlined in Exhibit C for mowing and maintaining all lawn and landscaping within the boundaries of the Concession Area as shown in Exhibit B. The Contractor shall not alter vegetation or plantings without prior consultation and permission of the State. Contractor shall not make changes to the property which might result in standing water without first consulting the State.

N. Alcohol. At no time shall the Contractor or employees sell, display, store, or consume alcohol in the Concession Area or anywhere within the property where the Concession operation is located. Failure to comply with this provision may result in immediate termination of this Contract.

O. Parking. The Contractor and all employees of the Contractor shall park in areas designated by Property Management. The designated parking area may be changed by the State to facilitate construction or to protect the public or the property. The State is not responsible for damage or theft to vehicles of the Contractor or the Contractor’s employees.

7. MAINTENANCE AND SANITATION

The Contractor is responsible during the term of this Contract for routine maintenance, repair, sanitation, and cleanliness as defined herein of the identified buildings and items of equipment listed in above Section 6(A) of this Exhibit. The Contractor shall follow all standards and rules for sanitation and safety, as established by the Indiana State Board of Animal Health, the State Department of Health, and the State Fire Marshal.

A. State Responsibilities. The State shall be responsible for maintenance, repairs, and sanitation not assigned to the Contractor, including major repairs or replacement of the structure of the buildings, and the heating, air conditioning, ventilation, and other utility systems.

B. Specific Contractor Responsibilities. In addition to general expectations described herein, the Contractor is responsible for routine maintenance, repair, or replacement as associated with day-to-day usage of the following: light bulbs, toiletries, furnace air filters, water softener salt, and other consumable goods.

C. Fixtures and Furnishings. The Contractor shall maintain, keep in repair and redecorate, whenever necessary, the interior of the building(s) and shall maintain and keep in repair all fixtures, furnishings, and equipment of the State provided for use by the Contractor. The maintenance, repair, and decorating of the interior of all buildings and the maintenance and repair of plumbing, heating, lighting, and other fixtures, as associated with daily use, shall be done by the Contractor to the approval and satisfaction of the State.

D. Cleaning and Janitorial Services. The Contractor shall perform cleaning and janitorial services within the Concession Area. These services include, but are not limited to, the cleaning of all floors, windows, and fixtures, and the replacement of light bulbs.

E. Cleanliness. The Contractor shall maintain standards of cleanliness, which will reflect favorable public opinion on the Contractor and the State. The State may perform or have others perform the duties of the Contractor under this Section, if the State determines the Contractor has failed to maintain an acceptable standard of cleanliness. The Contractor shall pay the cost of such work, whether performed by the State or by others, at the discretion of the State.

F. Trash Removal. The Contractor shall collect and deposit, in approved sanitary containers for disposal by the State's representative, all garbage, waste, and debris from the building and grounds within and surrounding the Concession Area. The Contractor shall keep the Concession Area in a clean and sanitary condition and in conformity with standards and rules for sanitation and public health. Contractor agrees to either use the provided dumpster or remove trash from the property in another fashion agreed upon by the State. Perishable trash shall be removed daily.

G. Recycling. The Contractor shall make an aggressive and affirmative effort to implement the use and sale of recyclable or biodegradable items including, but not limited to, paper plates, cups, napkins, and non-toxic cleaning supplies.

8. OPERATING SCHEDULE

The Contractor shall be in full and complete operation with a full staff of employees for every business day within the term of this Contract, from the opening on the first day of the term to the closing on the last day of the term.

A. Hours and Days of Operation. The State and the Contractor shall keep the Concession open and available to patronage by the public in accordance with the following minimum hours and days of operation:

March 1 – November 30 (minimum 8 hrs./5 days week) Wednesday – Sunday 9:00 am - 5:00 pm EST

December 1 – February 28(29) (minimum 5 hrs./3 days week) Friday - Sunday 11:00 am - 5:00 pm EST

Hours of additional operation to the public or for private training classes in addition to these hours are allowed. One day a week must be closed to all shooting activities and be used for range maintenance.

B. Schedule Posting. The Operating Schedule of the Concession shall be posted and routinely updated in visible, open, and public locations at the Concession Area, and on the Contractor’s website (if applicable) no later than the first day of operation outlined in the term of this Contract.

C. Visitation. The State does not guarantee a specific number of visitors to the Concession during the Operating Schedule and accepts no responsibility for the lack of visitors for any reason.

D. Schedule Deviations. Any non-scheduled deviation from the operational schedule must be approved in advance and in writing by the State, unless circumstances beyond the control of either party make it necessary to take emergency action.

E. Holidays. Contractor may close on certain holidays as pre-approved in writing by the State.

Closed Thanksgiving Day Closed Christmas Eve and Christmas Day Closed New Years Day

F. Extended Hours of Operation. The Contractor may operate longer hours than indicated herein without receiving the State’s permission. However, the Contractor must not operate before or after the dates of the term of this Contract, unless specifically provided by an authorized and fully executed Amendment to the Contract.

G. Emergency Closures. In emergency situations, the Contractor must immediately report the circumstances to the State and provide a written summary to the State within 24 hours after the emergency is concluded. Closures due to weather must be approved or initiated by the State. Emergency closures must be posted immediately in visible locations at the Concession Area, on the Contractor’s website (if applicable), and on the telephone voice mail greeting for the Concession.

H. State Closures. The State shall keep the Concession open and available for use by the public in accordance with the Operating Schedule, unless the State makes written or verbal determination that funds are not appropriated or otherwise available to support the agreed upon schedule. The State shall notify the Contractor at the earliest possible convenience so that the Contractor can make any necessary changes to the operation of the Concessions.

I. Failure to Operate. If the Contractor is not in full operation for the entirety of the term of this Contract (except for causes wholly beyond the control of the Contractor and not involving neglect by the Contractor), this Contract, at the option of the State, may be terminated without notice. Upon termination, the State may re-enter the premises and obtain a new Contractor for the operation of the facilities. In addition, the State may assess liquidated damages of $50.00 per day, per facility for each day that any facility remains out of service because of non-performance by the Contractor or until a new Contractor is put in place.

9. CONCESSION MERCHANDISE

A. Quality of Merchandise. The Contractor shall exhibit good taste in offering items for sale, which will reflect positively on the State. Efforts shall also be made to provide items, which reflect natural, cultural and historical aspects of the State of Indiana. The State reserves the right to remove any items during site visitations, which the State deems do not reflect a positive image on the State.

B. Pricing of Merchandise. A minimum of ten (10) days before opening the Concession, the Contractor shall submit to Property Management for approval, a listing of the prices, rates, and charges proposed for use in the operation of the Concession. Such prices shall be within the guidelines established by the Natural Resources Commission. The Contractor shall maintain on public display, a neat and legible sign showing the approved prices, rates, and charges for the sale of goods. If practicable, such prices shall be no higher than prices charged for similar merchandise in the locality in which the concession is operated so as not to preclude use by members of the general public.

C. Prohibited Merchandise. The Contractor agrees by the acceptance of this Contract not to offer for sale prohibited merchandise. Prohibited items include, but are not limited to, those listed below. The State may add items to the list upon written notification to the Licensee.

· No ice picks, hatchets, axes, machetes, or darts.

· No explosive materials.

· No alcoholic beverages, "mock tails", or controlled substances.

· No yard darts.

· No suggestive plaques with off-color sayings, or other such items.

· No targets with human or recognizable features.

· No item which can be used to inflict injury on another person or break or deface State properties. (Exceptions granted at shooting range concessions if agreed by all parties.)

· No items such as "Fanny Whackers" or "Whoopie Cushions".

· No items such as animal pelts or skins, claws, feathers or skeletons.

· No Styrofoam products shall be used or sold by the concession.

· No environmentally unfriendly paper products shall be used or sold by the concession. All paper products possible, such as toilet tissue, paper towels, etc., shall be made of recycled materials.

· No improper use, disposal, or sale of environmentally unsafe chemicals shall occur. Much care will need to be used to read labels for proper use and disposal.

10. ADVERTISING

The Contractor is required to conduct a balanced advertising effort directed at developing more business under the provisions of the Contract.

A. Advertising Plan. All contracts, scripts, texts, and layouts must be submitted to the State for written approval at least sixty (60) days prior to execution or implementation, or no later than March 1st of each concession year. The Contractor agrees not to advertise in any manner or form, on or about the Concession Area, premises, buildings, or elsewhere, or in any newspaper or otherwise, except by means of signs or forms of advertising approved by the State. The Contractor shall not employ or use any person known as "hawkers", "spielers", "criers", or other noisemakers or means of attracting attention to the Contractor’s business.

B. Website Advertising. The Contractor shall update its website with information regarding upcoming Concession events at least thirty (30) days prior to the event.

11. CONCESSION EMPLOYMENT

The Contractor shall employ such persons as may be proper to operate the business in accordance with state and federal labor laws. The Contractor is not an employee of the State of Indiana. This Contract does not vest in the Contractor, or anyone employed by the Contractor, any title, tenure or any property belonging to the State located on or around the Concession Area.

A. Employee Training. To promote the facilities of the Department of Natural Resources and to provide quality service to the public, employees of the Contractor must receive thorough training. Concession operators and their employees must attend seasonal training programs on those properties, which have them. Training programs shall acquaint personnel with information about the property and information to disseminate to the general public.

B. Employment Records. Personnel records shall be located at the Concession or at another location as approved by the State. Records shall be open to State inspection at any time during the term of this Contract and for a period of one (1) year after the termination date of this Contract.

C. Moral Conduct. The Contractor shall prohibit any behavior that violates any federal, state, or local laws, regulations, and ordinances or that fails to conform to a reasonable standard of good conduct. As this Concession is located on property owned or managed by the State of Indiana, and because there is a high recognition and correlation between the services provided and the State, the State has a supreme interest in the quality of service provided and the appropriateness of behavior by Concession employees occurring on and off the premises. As such, the Contractor shall operate the Concession in a business-like manner, maintaining a high standard of conduct by the Contractor and its employees, volunteers, and agents. Furthermore, any act of misconduct by the Contractor or its employees, volunteers, or agents, are prohibited, including but not limited to dishonesty, theft, misappropriation or abuse of State property, moral turpitude, or any act that neglects, injures, abuses, or endangers others, or any act that is prejudicial to or reflects adversely upon the State.

D. Appearance. Employees of the Contractor coming in contact with the public shall be neat and clean. Employees shall be identifiable by the public. The State shall approve uniforms.

E. Background Checks. The Contractor shall be responsible for conducting background checks of personnel employed in Contractor’s operation. The Contractor shall not use or employ persons in Contractor’s operation who have a history of anti-social behavior regardless of where such person’s anti-social behavior may have occurred.

F. Corrective Action. Failure by the Contractor to take action to either correct or stop such behavior or misconduct may be considered a material breach of this Contract; and may be grounds for immediate termination in addition to other remedies available to the State. The Contractor shall immediately report any allegation or act of misconduct to the State. In the event of an allegation of misconduct against either the Contractor or its employees, volunteers, or agents, the person or persons who are the subject of the allegation shall be removed immediately from the Concession Area and IDNR property pending resolution of the matter. The Contractor shall cooperate with the State in implementing resolutions to the matter.

12. VIOLATIONS AND TERMINATION OF CONTRACT

This Contract has been established to provide services and/or goods to the general public and citizens of Indiana. Any failure to comply with all provisions of this Contract delays the administration of the Contract and risks losing the provided goods or services, depriving the State of revenue and diminishing the State’s good customer service reputation.

A. Notice of Violation. The Contractor will be provided with a "Notice of Violation" stating which provision has been violated and a date by which the stated violation must be corrected. If the violation has not been corrected by the date specified, the Contractor agrees to pay the State liquidated damages in the sum of $50.00.

B. Damages. If the violation has still not been corrected after a period of seven (7) days after the specified date, the Contractor agrees to pay an additional $100.00 in liquidated damages. An additional $100.00 fine shall be imposed for each additional 7-day period of time until the violation has been corrected. The State reserves the right to waive damages.

C. Termination due to Violations. Continued failure to correct violations and comply with the provisions of this Contract may result in immediate termination of the Contract as described herein. Immediate termination of this Contract may occur due to situations that include, but are not limited to, discourteousness to the public, insurance cancellation, surety bond cancellation, alcohol abuse, and other circumstances which could cause harm to the public or the State, or reflect adversely on the State. The decision of the State is final.

CONTRACT MODIFICATION AND TERMINATION

This Contract contains all the terms and conditions between the parties, and no alteration, amendment, or addition shall be valid unless in writing and signed by all concerned parties.

M. Conflict of Interest

1. The individual executing this Contract;

2. An individual who has an interest of three percent (3%) or more of Contractor, if Contractor is not an individual; or

3. Any member of the immediate family of an individual specified under subdivision 1 or 2.

B. The Department may cancel this Contract without recourse by Contractor if any interested party is an employee of the State of Indiana.

C. The Department will not exercise its right of cancellation under Section B above if Contractor gives the Department an opinion by the Commission indicating that the existence of this Contract and the employment by the State of Indiana of the interested party does not violate any statute or code relating to ethical conduct of state employees. The Department may take action, including cancellation of this Contract consistent with an opinion of the Commission obtained under this section.

D. Contractor has an affirmative obligation under this Contract to disclose to the Department when an interested party is or becomes an employee of the State of Indiana. The obligation under this section extends only to those facts, which Contractor knows or reasonably could know.

N. Termination

1. If this Contract is terminated before completion of the term of the Agreement, the Contractor shall vacate the Concession Area within seven (7) days of termination unless a lesser period of time is provided by court order. Contractor and/or his agents shall remove no personal property on which the State is given a lien from the Concession Area unless otherwise directed by court order, until all fees outlined in this Contract and other sums owed to the State have been paid.

2. If an Act of God renders this Contract inoperable for more than sixty (60) days, this Contract shall automatically terminate as of the date of that Act. The State shall receive its fees outlined in this Contract on all income to the date of termination, or to the date of sixty (60) days after termination, whichever income is greater, as if the term of the Agreement were then completed.

3. If the Contractor fails to make timely cure of repeated violations, the Director may terminate this Contract upon written notice of such termination by certified mail, or this notification may be delivered in person. The State shall receive fees outlined in this Contract on all income to the date of termination as if the term of the Agreement were then completed. The Contractor shall further pay to the State, as liquidated damages for breach of performance and for future performance, the sum of $1,000.00. This sum, plus any fees outlined in this Contract shall be paid to the State within fifteen (15) days of such termination.

4. If the Contractor terminates this Contract, the provisions relating to disbursement of income and to liquidated damages in Section N(3) shall apply. If, however, the Contractor gives written notice, by certified mail, to the State at least 30 days prior to the date of termination, the amount of liquidated damages shall be $500.00. This fee, and all fees outlined in this Contract shall be paid at the time of termination.

5. If the Contractor dies or becomes incapacitated, this Contract may be deemed terminated by the State and the provisions relating to the disbursement of income in Section N(1) shall apply, or, at its discretion, the State may authorize the estate, guardian, or conservator of the Contractor to operate the facilities under the terms of this Contract until completion of the term of the Agreement.

6. The State may, in cases where continued operation by the Contractor may result in significant or irreparable harm to the State and/or the public, terminate this Contract immediately. Examples include, but are not limited to, non-payment of fees, discourteousness to the public, insurance cancellation, bond cancellation, alcohol abuse, and other circumstances which could cause harm to the public or the State or reflect adversely on the State. All fees payable to the State shall be paid within 15 days of such termination along with a liquidated damages sum of $1,000.00 for breach of performance.

If the State finds it necessary to pursue legal action to recover monies owed by Contractor, Contractor shall also pay all court costs, attorney's fees, and other costs incurred as a result thereof.

EXHIBIT B:

Concession Area

The concession area is outlined in red and marked by a smooth wire with safety zone signs.

EXHIBIT C:

Lawn and Landscaping

The required mowed area (approx. 3.5 acres) is outlined in blue. Mowing should occur when grass is approximately five inches in height and not mowed shorter than 2.5” in height. Best management practices will be used to maintain the lawn and landscaping, including weed control. The area highlighted in red will be maintained by the property staff, but the blue outline needs to be mowed around the fence.

EXHIBIT D:

SCOPE OF WORK

The Concession granted under the provisions of this Contract is as follows:

· The Contractor has the right to operate the Concession and collect fees from guests for use of the rifle, pistol, and shotgun ranges.

Rates are as follows:

Hourly - $7.00 Day Pass - $20.00 Monthly (weekday only) - $25 Monthly (all month, + 2 guests) - $40.00 Monthly (all month, family/3 guests) - $50.00 Additional shooters - $5.00/hour Shotgun Range - $5.00/user

· The Contractor has the right to sell items that relate to shooting sports, outdoor activities, and consumables. Items such as (but not limited to) targets, hearing protection, ammo, firearms, bug spray, sunscreen, bait, snacks. The contractor also has the right to rent items for shooting sports and outdoor activities. Items such as (but not limited to) lead sleds, spotting scopes, and firearms.

· The Contractor must submit a schedule of promotional and training events at least one month prior to the event or promotion. Schedules should be submitted to the property management at Roush Lake FWA. Events for the range will be posted at the Headquarters Building. Property events will be posted at the Shooting Range Building.

· The Contractor shall keep record of the following:

· Number of users for the firearm range. The contractor will be asked to supply these to property staff on a monthly basis.

· Number of rounds fired per user for the rifle, pistol, and shotgun range during one weekend each month

· Monthly Gross Income

· Information should be submitted to property management within 5 days of the end of the month.

· The Contractor shall retain a NRA Range Safety Officer Certification. All employees supervising the firing line must also have the NRA Range Safety Officer Certification.

· If the contractor wishes to use social media platforms, the property manager, and the assistant property manager of Roush Lake FWA should be included as administrators. Property staff will not make any post through social media, but will act as editors to remove any post that can be considered inappropriate, in bad taste, or would reflect the State of Indiana in a negative manner. Social media accounts such as (but not limited to) Facebook, Instagram, and Twitter to be included. If a contract is terminated, all social media accounts will be handed over to the State of Indiana unless all reference to the State of Indiana, the Department of Natural Resources, Division of Fish and Wildlife, and Roush Lake FWA are removed.

· The contractor shall pay for the following utilities.

Trash removal, internet

· The contractor can sell food items within the concession area, but food must be consumed outside of the fenced pistol and rifle range area. Food service must meet State of Indiana Board of Health standards. Contractor assumes all liability for food items sold.

EXHIBIT E

STANDARD OPERATING PROCEDURES

J.E. ROUSH LAKE FWA SHOOTING RANGE

1002 EAST DIVISION ROAD

HUNTINGTON, IN 46750

PHONE #: (260) 468-2416

ORGANIZATIONAL INFORMATION

The Public Shooting Range at J.E. Roush Lake Fish and Wildlife Area is operated by the Indiana Department of Natural Resources, Division of Fish and Wildlife and is open to the public.

Personnel time and materials to operate the range are covered under the Fish & Wildlife Area Shooting Range Grant. The work plan’s objective is to provide safe shooting range opportunities by providing maintained facilities, rules and supervision. All personnel assigned as range safety officers (RSOs) are required to pass the NRA Basic Range Safety Course.

Presently, the range offers 33 shooting stations – 10 at 50 yards, 5 at 100 yards, and 18 for pistol (7-25 yards). Trap/skeet machines also are available, a shotgun patterning area, as well as an archery range.

The rules and procedures in the following Standard Operating Procedures (SOP) define the range’s intended use and provides for the safety of range users, range employees, and other property users.

RANGE CAPABILITIES

The main shooting range at Roush Lake FWA was designed for hunters to sight in their hunting firearms. Recreational shooters may also shoot safely with reasonable restrictions in place. Most rifle/handgun calibers and shotgun gauges are permitted to be fired at this range. Shooters can bring their own paper targets or purchase them at the range and attach them to the provided target holders only. Many of the rules and restrictions, which promote safety and address maintenance concerns, are in place due to the design features of this range.

RANGE OPERATIONS

Opening procedures:

· Complete range Inspection: target holders ready, signs intact, benches clear

· Unlock range building and disarm alarm, open and check restrooms

· Emergency procedures are accessible

· First Aid kit/trauma kit is accessible

· SOP is available

· Ramrods are available

· Check PA, telephones

· Raise flags (American, Indiana & red flag) to indicate range is operational

· Open trap/skeet houses as appropriate

· Open main gate after completing opening procedures and allow public to enter

Closing procedures:

· Close trap/skeet houses (approximately ½ hour before range close time)

· Remind shooters of closing time at 1 hour before to allow for adequate clean up time. Additional reminders may be necessary as closing time approaches

· Inspect range for trash and debris, clean and remove as necessary

· Perform range maintenance as necessary, such as replacing target holders, which can also be done in the morning before range users arrive

· Lower flags (American, Indiana, & red flag)

· Perform necessary clerical work for cash register income

· Put money in vault and lock

· Lock range building, shooting range building, and arm alarm to away

· Ensure all exterior doors and locks are secure

· Secure main gate upon exiting the range

FUNDAMENTAL RULES FOR SAFE GUN HANDLING

1. Always keep the gun pointed in a safe direction.

2. Always keep your finger off the trigger until ready to shoot.

3. Always keep the gun unloaded until ready to use.

4. Know your target and what is beyond.

5. Be sure the gun is safe to operate.

6. Know how to use the gun safely.

7. Use only the correct ammunition for your gun.

8. Wear eye and ear protection while at the range.

9. Never use alcohol or drugs before or while shooting.

10. Store guns so they are not accessible to unauthorized persons.

11. Be aware that certain types of guns and many shooting activities require additional safety precautions.

SHOOTING RANGE RULES

1. A person must register (sign-in) at the range with the RSO before using the range.

2. A person must be at least eighteen (18) years of age or accompanied by a person who is at least eighteen (18) years of age to use the shooting range. Depending on the age and competency, the RSO may determine or request that the minors be directly supervised while shooting, or request that additional minors in a group observe from a location away from the firing line.

3. The shooting range is closed if RSO is not present or designated. The range is open only when the RED flag is raised.

4. Know and obey all range rules and know where others are at all times.

5. Eye and ear protection are required on all firearm ranges.

6. Stop shooting immediately upon the command “Cease firing” Unload, open action, remove the magazine, insert open bolt indicator or empty chamber indicator (OBI/ECI), and ground and/or bench all firearms during a cease-fire.

7. Anyone on the range may call a cease-fire if an unsafe condition exists, but are most often called by the RSO. During a cease fire, all firearms must be unloaded, actions open, open bolt indicator or empty chamber indicator (OBI/ECI) inserted, grounded or benched, and shooters must stand behind the yellow line.

8. A person must not handle any firearm, ammunition, magazines or stand at the firing line where firearms are present during a cease-fire.

9. Firearms and equipment may not be taken to or from the firing line (benches) during a cease fire.

10. Air or CO2 propelled BB/pellet guns are allowed on the handgun range and must follow the same rules as all other firearms. Air or CO2 propelled BB/pellet guns, rim-fire rifles, and handguns are the ONLY firearms allowed on the handgun range (a handgun is defined as a range 25 yards or less). Firearms ARE allowed on the other ranges. The definition of a handgun is: a firearm (such as a revolver or pistol) designed to be held or fired with one hand WITHOUT the use of any additional arm bracing, shoulder, or stabilizing accessories.

11. Shooters who arrive during a cease fire may post targets if time permits but must wait until the live fire period before crossing the yellow line with firearms and equipment.

12. Shooters may post and pull targets only during a cease fire. An open bolt indicator or empty chamber indicator (OBI/ECI) must be used, especially if action will not lock open.

13. Shooters may cross the yellow line and resume shooting after all targets are posted, no one is downrange, and RSO announces that it is safe to resume shooting.

14. If a shooter arrives during live fire, he may place equipment on bench, handle firearms and wait for cease fire to a post target. When transporting firearms to and from the firing line, muzzles must be pointed up, magazines removed, and actions open.

15. Always keep the muzzle pointed at the backstop (down range) or up. Never allow the muzzle to point in any direction whereby an inadvertent discharge would allow the escape of a projectile into an outer area.

16. A person must shoot only at paper targets placed on target holders provided by the department. All firing must be down range with reasonable care taken to assure any projectile is stopped by the range backstop. Shoot only at authorized paper targets attached to target stands. Ground level targets are not authorized. Incendiary or exploding targets are prohibited. Only paper targets WITHOUT human or recognizable facial features will be allowed.

17. During live fire periods, shooters may pick up their own brass that falls between the red and yellow lines. Brass that falls beyond or down range of the firing line (shooting benches) may be picked up when instructed by the RSO or during a cease fire.

18. A person must not discharge a firearm using automatic fire on any Division of Fish & Wildlife Range.

19. A person must not discharge a firearm using rapid fire on any Division of Fish & Wildlife shooting range. For all Division of F&W ranges, rapid fire is defined as firing more than one shot per second and is prohibited (312 IAC 8-2-3(6) (A)).

20. A person must not use tracer, armor-piercing, or incendiary rounds.

21. Rapid fire, shooting from the hip, shooting target holders, debris, or objects other than a properly posted paper target are all considered unsafe behavior and may result in ejection from the range.

22. Any firearm capable of delivering more than 9,000 ft/lbf (foot pounds of force) are prohibited. (.50 caliber BMG is prohibited.)

23. Shot shells are allowed at the trap/skeet range or patterning area. Shot shells are prohibited at the rifle/pistol ranges.

24. Holstered or concealed firearms are prohibited anywhere on the shooting range, except by on-duty law enforcement officers in uniform.

25. A person must not play on, climb on, walk on, or shoot into or from the side berms.

26. Eating, drinking, and smoking are allowed in the parking lot only (outside chain link fence) IC 7.1-5-12.

27. Toy guns are not allowed on the range.

28. No more than one person at a time is allowed at or around each shooting bench or station and spotters must remain behind the shooter at all times. Binary triggers are not permitted on this range.

29. Pets are not allowed on the range. Service animals are the exception as long as the animal is kept in close proximity of the owner.

30. Use of alcohol and intoxicating drugs on the range is prohibited. Individuals suspected of being under the influence of such substances will not be admitted to the range or asked to leave.

31. A person must not shoot at clay pigeons, except on a site designated for shooting clay pigeons. Glass and other forms of breakable targets must not be used on a shooting range.

32. A person must remove and dispose of posted targets when finished shooting.

33. Permission must be obtained from the department in advance for a shooting event that involves any of the following:

a. An entry fee.

b. Competition for cash, awards, trophies, citations, or prizes.

c. The exclusive use of the range or facilities.

d. A portion of the event occurring between sunset and sunrise.

34. RSO Authority- a Range Safety Officer has the authority to ask a person to leave the range for a day if they are found violating any range rules. If DNR Law Enforcement responds and a citation is written, the property manager may eject the person from the range and/or property for up to one year with Division approval.

35. Patterning: The range may…