STATE OF ALABAMA ) CONCESSION CONTRACT STATE PARK MONTGOMERY COUNTY ) BETWEEN DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES AND CONCESSIONAIRE

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1 STATE OF ALABAMA ) CONCESSION CONTRACT STATE PARK MONTGOMERY COUNTY ) BETWEEN DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES AND CONCESSIONAIRE THIS AGREEMENT by and between the STATE OF ALABAMA, DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES (hereinafter referred to as DCNR ), and (hereinafter referred to as Concessionaire ). WHEREAS, DCNR owns and operates State Park; and WHEREAS, Concessionaire is engaged in the business of providing ; WHEREAS, Concessionaire desires to provide certain services and property to DCNR for the public at DCNR approved locations within said State Park; NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE PREMISES and other mutual covenants and agreements hereinafter contained and other good and valuable consideration, the parties hereto agree as follows: 1. DCNR grants to Concessionaire the right to sell to the public at the, and similar types of products as approved by DCNR, and other similar products as requested and approved by DCNR. Items may be added or deleted as requested and approved by DCNR. 2. This agreement shall commence on and shall expire on, unless terminated as hereinafter provided, with a right by DCNR, at its sole discretion, to renew said contract for an additional year with a letter to Concessionaire. A) Concessionaire agrees as follows: B) To provide for sale to the public, during the hours and days of the week as approved by DCNR, at a pre approved location or locations at the. Concessionaire s products offered for sale and rent shall be of good quality at all times, and Concessionaire shall provide full and timely maintenance and upkeep of any facilities or equipment utilized for sale or rent of products at the park. C) To charge a reasonable fee for the items offered for sale or rent under this agreement. All rates, charges and fees shall be subject to audit and/or adjustment by the Commissioner of the Department of Conservation and Natural Resources. 1

2 D) DCNR reserves the right to prohibit the sale or rent of any item in the event it determines that such prohibition is necessary or appropriate. E) Concessionaire understands and agrees that under no circumstances shall the gross receipts of Concessionaire hereunder exceed $100,000 per contract year. 3. Concessionaire shall remit to DCNR, by the 1 st of each month in operation, an amount equal to percent ( %) of all gross receipts received for concession operations pursuant to this agreement, including all sales and rentals. Said remittance shall be accompanied by a categorized breakdown of receipts by various categories in for acceptable to DCNR. All books, receipts, and records of Concessionaire shall be subject to inspection and audit by DCNR at all reasonable times. 4. Concessionaire shall pay all permit fees and license fees as required by law to provide the services or items rendered under this contract. Concessionaire shall comply with all state, federal, county and city laws, statutes, ordinances, and regulations, including, but not limited to, all applicable health and sanitation requirements. 5. Concessionaire, at its expense, shall keep in force a policy or policies of comprehensive liability insurance satisfactory to DCNR for the protection of DCNR, its officers, employees and agents, against the claims, liabilities, judgments, costs, damages and expenses which may accrue against, be charged to, or be recovered from DCNR, its officers, employees, and/or agents, by reason of damage to the property of, injury to or death of any person or persons on account of any matter or thing which may occur in connection with this agreement including public liability and property damage, with a minimum combined single limit of liability of One Hundred Thousand and No/100 Dollars ($100,000). The policy or policies shall; (1) name the DCNR, its officers, employees, and agents as additional insureds; (2) be issued by an insurance company that is acceptable to the DCNR; (3) provide that the insurance shall not be cancelled, nor shall there be any change in the scope or amount of coverage of the policy unless fifteen (15) days prior written notice shall have been given to DCNR. The policy or policies, or certificates thereof shall be delivered to DCNR. 6. The Concessionaire shall have the authority to assign his rights and obligations under this Agreement only upon prior written approval from DCNR. 7. It is agreed and understood by the parties hereto that the Concessionaire is acting as an independent contractor and is not an agent, servant, or employees of the DCNR or of the State of Alabama. 2

3 8. Concessionaire agrees that neither it nor any of its agents or employees shall be entitled to any merit system benefits of the State of Alabama. 9. This contract can be cancelled by the DCNR by giving thirty (30) days written notice to Concessionaire. 10. It is agreed that the terms and commitments contained herein shall not be constituted as a debt of the State of Alabama in violation of Article II, Section 213 of the Constitution of Alabama, 1901, as amended by Amendment Number 26. It is further agreed that if any provision of this contract shall contravene any statute or Constitutional provision or amendment, either now in effect or which may, during the course of this contract, be enacted, then that conflicting provision in the contract shall be deemed null and void. Except as provided in paragraph 12, the contractor s sole remedy for the settlement of any and all disputes arising under the terms of this agreement shall be limited to the filing of a claim with the Board of Adjustment for the State of Alabama. 11. For any and all disputes arising under the terms of this contract, the parties hereto agree, in compliance with the recommendations of the Governor and Attorney General, when considering settlement of such disputes, to utilize appropriate forms of non binding alternative dispute resolution including, but not limited to, mediation by and through the Attorney General s Office of Administrative hearings or where appropriate, private mediators. 12. It is expressly understood and mutually agreed that any commitment of funds herein shall be contingent upon the receipt and availability of funds to DCNR under the program for which this Agreement is awarded. 13. In the event of the proration of the fund from which payment under this contract is to be made, the contract will be subject to termination. 14. By signing this contract, the contracting parties affirm, for the duration of the agreement, that they will not violate federal immigration law or knowingly employ, hire for employment, or continue to employ an unauthorized alien within the state of Alabama. Furthermore, a contracting party found to be in violation of this provision shall be deemed in breach of the agreement and shall be responsible for all damages resulting there from. 15. In addition to the other provisions of this agreement, Concessionaire will operate and manage said facilities in compliance with all federal, state, and municipal laws, statutes, and regulations and ordinances and further, agrees to not discriminate on the basis of race, color, religion, age, gender, national origin, genetic information, veteran status, or disability in its hiring or 3

4 employment practices nor in admission to, access to, or operations of its programs, services, or activities. Concessionaire s compliance with these laws will be indicated by the placement of signs in public areas and by statements in public information brochures. Where applicable, the facilities are to be operated by Concessionaire for public outdoor recreation purposes in compliance with provisions of the Land and Water Conservation Fund Act and its implementing guidelines found at 36 C.F.R. 59. Further, the facilities are to be identified as publically owned and operated as a public outdoor recreation facility, operated by the Concessionaire, in all signs, literature, and advertising. The Concessionaire shall have the exclusive right to operate and manage said facilities upon the terms of this contract. The Concessionaire shall keep the facilities open to the public at reasonable rates competitive with similar private facilities approved by DCNR, such approval not to be unreasonably withheld or denied. 16. Concessionaire shall indemnify and hold harmless DCNR, its officers, agents and employees, from and against any and all claims arising from Concessionaire s use of the premises, or from the conduct of Concessionaire s business or from any activity, work or things done, permitted or suffered by Concessionaire in or about the premises or elsewhere and shall further indemnify and hold harmless DCNR, its officers, agents and employees from and against any and all claims arising from breach or default in the performance of any obligation on Concessionaire s part to be performed under the terms of this agreement, or arising from any negligence of the Concessionaire, or any of Concessionaire s agents, contractors, or employees, and from and against all costs, attorneys fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon; and in case any action or proceeding be brought against DCNR, its officers, agents or employees by reason of any such claim, Concessionaire upon notice from DCNR shall defend the same at Concessionaire s expenses by counsel satisfactory to DCNR. Concessionaire, as a material part of the consideration to DCNR, hereby assumes all risk of damage to property or injury to persons, in, upon or about the premises arising from any cause and Concessionaire hereby waives all claims in respect thereof against DCNR, its officers, agents and employees. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by its Commissioner on this, the day of,. 4

5 Immigration Statement By signing this contract, the contracting parties affirm, for the duration of the agreement, that they will not violate federal immigration law or knowingly employ, hire for employment, or continue to employ an unauthorized alien within the State of Alabama. Furthermore, a contracting party found to be in violation of this provision shall be deemed in breach of the agreement and shall be responsible for all damages resulting therefrom. Contracting Party RECOMMENDED: State Parks Director STATE OF ALABAMA, Department of Conservation and Natural Resources N. Gunter Guy, Jr., Commissioner CONCESSIONAIRE: NAME: ADDRESS: By: Title: Signature: APPROVED: ATTEST: Governor of Alabama Secretary of State 5

6 STATE OF ALABAMA ) COUNTY ) I, the undersigned authority, a Notary Public in and for said State and County, hereby certify that N. Gunter Guy, Jr., whose name as Commissioner of Conservation and Natural Resources of the State of Alabama is signed to the foregoing instrument and who is known to me, acknowledged before him on this day that, being informed of the contents of the within instrument, he, in his capacity as such Commissioner of Conservation and Natural Resources of the State of Alabama, executed the same voluntarily on the day the same bears date. Given under my hand and seal this the day of, 20. STATE OF ALABAMA ) COUNTY ) Notary Public I, the undersigned authority, a Notary Public in and for said State and County, hereby certify that, whose name as, is signed to the foregoing instrument and who is known to me, acknowledged before him on this day that, being informed of the contents of the within instrument, he/she, in their capacity as such, executed the same voluntarily on the day the same bears date. Given under my hand and seal this the day of, 20. Notary Public 6