Director of natural resources may construct and operatefacilities and collect fees for usage--concessioncontracts--limitations--renewal of contracts.
253.080. 1. The director of the department of natural resources mayconstruct, establish and operate suitable public services, privileges,conveniences and facilities on any land, site or object under thedepartment's jurisdiction and control, and may charge and collectreasonable fees for the use of the same. The director may chargereasonable fees for supplying services on state park areas. Any facilitiesso constructed under this provision shall only be done by appropriatedfunds.
2. The director may award by contract to any suitable person,persons, corporation or association the right to construct, establish andoperate public services, privileges, conveniences and facilities on anyland, site or object under the department's control for a period not toexceed twenty-five years with a renewal option, and may supervise andregulate any and all charges and fees of operations by private enterprisefor supplying services and operating facilities on state park areas.
3. All contracts awarded under this section shall be entered intoupon the basis of competitive sealed bids. A sworn financial statementshall accompany each bid, and all contracts shall be let by the director ata regular meeting after public notice of the time of the letting. All bidssubmitted prior to the opening of the meeting shall be considered.Advertisements for bids in daily or weekly newspapers shall be made by thedirector. The director shall accept the bid most favorable to the statefrom a responsible and reputable person but may, for good cause, reject anybid.
4. The director shall not enter into a contract or a renewal for acontract as provided in subsection 2 of this section for a period in excessof ten years unless the director determines that the extended contractperiod is necessary to allow the contractor to make substantial capital orother improvements to the site subject to the contract and suchimprovements are of sufficient value to the state to necessitate the longercontract term.
5. A good and sufficient bond conditioned upon the faithfulperformance of the contract and compliance with this law shall be requiredof all contractors, except that if the contractor states he is unable toprovide a bond, the contractor shall place a cash reserve in an escrowaccount in an amount proportional to the volume of the contractor'sbusiness on the lands controlled by the department of natural resources.
6. Any person who contracts under this section with the state shallkeep true and accurate records of his receipts and disbursements arisingout of the performance of the contract and shall permit the division ofparks and recreation of the department of natural resources and the statedirector of revenue to audit them. The division of parks and recreation ofthe department of natural resources and the state director of revenue shallaudit the receipts and disbursement of each contract once every two yearsand upon the expiration of the contract. For the purpose of subsection 5of this section and this subsection, no contract shall be deemed to extendto operations or management in more than one state park.
(L. 1953 p. 317 § 5, A.L. 1957 p. 304, A.L. 1961 p. 235, A.L. 1967 p. 362, A.L. 1977 H.B. 190, A.L. 1987 H.B. 559, A.L. 1989 H.B. 613, A.L. 2002 S.B. 1015)
Director of natural resources may construct and operatefacilities and collect fees for usage--concessioncontracts--limitations--renewal of contracts.
253.080. 1. The director of the department of natural resources mayconstruct, establish and operate suitable public services, privileges,conveniences and facilities on any land, site or object under thedepartment's jurisdiction and control, and may charge and collectreasonable fees for the use of the same. The director may chargereasonable fees for supplying services on state park areas. Any facilitiesso constructed under this provision shall only be done by appropriatedfunds.
2. The director may award by contract to any suitable person,persons, corporation or association the right to construct, establish andoperate public services, privileges, conveniences and facilities on anyland, site or object under the department's control for a period not toexceed twenty-five years with a renewal option, and may supervise andregulate any and all charges and fees of operations by private enterprisefor supplying services and operating facilities on state park areas.
3. All contracts awarded under this section shall be entered intoupon the basis of competitive sealed bids. A sworn financial statementshall accompany each bid, and all contracts shall be let by the director ata regular meeting after public notice of the time of the letting. All bidssubmitted prior to the opening of the meeting shall be considered.Advertisements for bids in daily or weekly newspapers shall be made by thedirector. The director shall accept the bid most favorable to the statefrom a responsible and reputable person but may, for good cause, reject anybid.
4. The director shall not enter into a contract or a renewal for acontract as provided in subsection 2 of this section for a period in excessof ten years unless the director determines that the extended contractperiod is necessary to allow the contractor to make substantial capital orother improvements to the site subject to the contract and suchimprovements are of sufficient value to the state to necessitate the longercontract term.
5. A good and sufficient bond conditioned upon the faithfulperformance of the contract and compliance with this law shall be requiredof all contractors, except that if the contractor states he is unable toprovide a bond, the contractor shall place a cash reserve in an escrowaccount in an amount proportional to the volume of the contractor'sbusiness on the lands controlled by the department of natural resources.
6. Any person who contracts under this section with the state shallkeep true and accurate records of his receipts and disbursements arisingout of the performance of the contract and shall permit the division ofparks and recreation of the department of natural resources and the statedirector of revenue to audit them. The division of parks and recreation ofthe department of natural resources and the state director of revenue shallaudit the receipts and disbursement of each contract once every two yearsand upon the expiration of the contract. For the purpose of subsection 5of this section and this subsection, no contract shall be deemed to extendto operations or management in more than one state park.
(L. 1953 p. 317 § 5, A.L. 1957 p. 304, A.L. 1961 p. 235, A.L. 1967 p. 362, A.L. 1977 H.B. 190, A.L. 1987 H.B. 559, A.L. 1989 H.B. 613, A.L. 2002 S.B. 1015)
Director of natural resources may construct and operatefacilities and collect fees for usage--concessioncontracts--limitations--renewal of contracts.
253.080. 1. The director of the department of natural resources mayconstruct, establish and operate suitable public services, privileges,conveniences and facilities on any land, site or object under thedepartment's jurisdiction and control, and may charge and collectreasonable fees for the use of the same. The director may chargereasonable fees for supplying services on state park areas. Any facilitiesso constructed under this provision shall only be done by appropriatedfunds.
2. The director may award by contract to any suitable person,persons, corporation or association the right to construct, establish andoperate public services, privileges, conveniences and facilities on anyland, site or object under the department's control for a period not toexceed twenty-five years with a renewal option, and may supervise andregulate any and all charges and fees of operations by private enterprisefor supplying services and operating facilities on state park areas.
3. All contracts awarded under this section shall be entered intoupon the basis of competitive sealed bids. A sworn financial statementshall accompany each bid, and all contracts shall be let by the director ata regular meeting after public notice of the time of the letting. All bidssubmitted prior to the opening of the meeting shall be considered.Advertisements for bids in daily or weekly newspapers shall be made by thedirector. The director shall accept the bid most favorable to the statefrom a responsible and reputable person but may, for good cause, reject anybid.
4. The director shall not enter into a contract or a renewal for acontract as provided in subsection 2 of this section for a period in excessof ten years unless the director determines that the extended contractperiod is necessary to allow the contractor to make substantial capital orother improvements to the site subject to the contract and suchimprovements are of sufficient value to the state to necessitate the longercontract term.
5. A good and sufficient bond conditioned upon the faithfulperformance of the contract and compliance with this law shall be requiredof all contractors, except that if the contractor states he is unable toprovide a bond, the contractor shall place a cash reserve in an escrowaccount in an amount proportional to the volume of the contractor'sbusiness on the lands controlled by the department of natural resources.
6. Any person who contracts under this section with the state shallkeep true and accurate records of his receipts and disbursements arisingout of the performance of the contract and shall permit the division ofparks and recreation of the department of natural resources and the statedirector of revenue to audit them. The division of parks and recreation ofthe department of natural resources and the state director of revenue shallaudit the receipts and disbursement of each contract once every two yearsand upon the expiration of the contract. For the purpose of subsection 5of this section and this subsection, no contract shall be deemed to extendto operations or management in more than one state park.
(L. 1953 p. 317 § 5, A.L. 1957 p. 304, A.L. 1961 p. 235, A.L. 1967 p. 362, A.L. 1977 H.B. 190, A.L. 1987 H.B. 559, A.L. 1989 H.B. 613, A.L. 2002 S.B. 1015)
