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APRIL 27", 2018 - SPECIAL SESSION

JOINT ACTION RESOLUTION NO. JAR 18-01

INTRODUCED BY ALVIN NOT AFRAID, JR., CHAIRMAN

CROW TRIBAL EXECUTIVE BRANCH

JOINT ACTION RESOLUTION OF THE CROW TRIBAL LEGISLATURE AND THE

CROW TRIBAL EXECUTIVE BRANCH ENTITLED:

“RESOLUTION APPROVING THE CROW TRIBE’S LIMITED WAIVER OF

SOVEREIGN IMMUNITY IN THE LITTLE BIGHORN BATTLEFIELD

NATIONAL MONUMENT GUIDED INTERPRETIVE MOTORIZED TOURS

CONCESSION CONTRACT WITH THE NATIONAL PARK SERVICE”

WHEREAS, pursuant to Article V, Section 2(a) of the 2001 Crow Tribal

Constitution, the Crow Tribal Legislature (hereinafter, the “Legislature”) is vested with the

power and duty to promulgate and adopt laws, resolutions, ordinances, codes, regulations,

and guidelines in accordance with the 2001 Crow Constitution and federal laws; and

WHEREAS, the United States Department of Interior National Park Service entered

into a Concessioner Agreement Institute with Micro-Business Development/Little Big Horn

College (“Concessioner”) were granted Concessionaire status for the Little Big Horn

Battlefield National Monument;; and

WHEREAS, the Crow Tribe has negotiated with the United States Department of

Interior National Park Service to exercise its right through a ten-year contract as the

concessioner of the Little Bighorn Battlefield National Monument; and

WHEREAS, the United States Department of Interior National Park Service has

prepared the attached “Concession Contract No. CC-LIBI003-18” (hereinafter, the

“Concession Contract”) for the Tribe to provide guided interpretive motorized tours, and

step-on guide service, year-round; and

WHEREAS, the United States Department of Interior National Park Service required

a limited waiver of sovereign immunity provision in the Concession Contract in order to

enforce the Contract and allow for claims by visitors; and

WHEREAS, the Crow Tribe Department of Economic Development has done

extensive research and found the project would be profitable for the Tribe; and

April 27", 2018 - Special Session

Resolution Approving the Crow Tribe’s Limited Waiver of Sovereign Immunity in the Little bighorn

battlefield national monument guided interpretive motorized tours Concession Contract with the

National Park Service

Page 1 of 3

WHEREAS, the Chairman of the Executive Branch has authority and responsibility

pursuant to the “enumerated powers” in Article IV, Section 3 of the Constitution and Bylaws

of the Crow Tribe of Indians to represent the Crow Tribe in negotiations with Federal, State

and local governments and other agencies, corporations, associations, or individuals in

matters of economic development affecting the Crow Tribe, and to “negotiate and approve

limited waivers of sovereign immunity when such a waiver is necessary for business

purposes in accordance with Article V, Section 2(f) of [the] Constitution;” and

WHEREAS, the Chairman of the Executive Branch has negotiated the terms of the

limited waiver of the Crow Tribe’s sovereign immunity as set forth in Section 1(b) of the

Concession Contract; and

WHEREAS, the Legislative Branch has authority and responsibility pursuant to its

“powers and duties” in Article V, Section 2(f) of the Constitution to “grant final approval or

disapproval of limited waivers of sovereign immunity by the Executive Branch when waivers

are necessary for business purposes;” and

WHEREAS, entering into the Concession Contract is in the best interests of the

Crow Tribe and the limited waiver of sovereign immunity is necessary for the business

purpose of entering into the Concession Contract;

NOW, THEREFORE, BE IT RESOLVED BY THE CROW TRIBAL LEGISLATURE

AND THE CROW TRIBAL EXECUTIVE BRANCH:

Section 1. That the limited waiver of sovereign immunity in the form set

forth in the Concession Contract No. CC-LIBI1003-18 Section 1(b), attached hereto and

incorporated herein by reference, is hereby approved.

Section 2. Reporting to the Legislative Branch on the Revenue and

Expenditure Revenues.

Section 3. That the approval granted herein is effective on the date of

execution of the Concession Contract.

[Remainder of page intentionally left blank.]

April 27", 2018 - Special Session

Resolution Approving the Crow Tribe’s Limited Waiver of Sovereign Immunity in the Little bighorn

battlefield national monument guided interpretive motorized tours Concession Contract with the

National Park Service

Page 2 of 3

CERTIFICATION

Thereby certify that this Joint Action Resolution entitled “RESOLUTION APPROVING

THE CROW TRIBE’S LIMITED WAIVER OF SOVEREIGN IMMUNITY IN THE

LITTLE BIGHORN BATTLEFIELD NATIONAL MONUMENT GUIDED

INTERPRETIVE MOTORIZED TOURS CONCESSION CONTRACT WITH THE

NATIONAL PARK SERVICE” was duly enacted by the Crow Tribal Legislature with a

vote of 14 in favor _1_ opposed, and _0_ abstaining and that a quorum was present on this

27", day of April, 2018. © { cu A

Senator Pat Alden, Jr.

Speaker of the House

Crow Tribal Legislature

ATTEST:

Senator Lawrence DeCrane

Secretary

Crow Tribal Legislature

EXECUTIVE ACTION

I hereby

? S approve or

veto.

This Joint Action Resolution entitled “RESOLUTION APPROVING THE CROW

TRIBE’S LIMITED WAIVER OF SOVEREIGN IMMUNITY IN THE LITTLE

BIGHORN BATTLEFIELD NATIONAL MONUMENT GUIDED INTERPRETIVE

MOTORIZED TOURS CONCESSION CONTRACT WITH THE NATIONAL PARK

SERVICE” pursuant to the authority vested in the Chairman of the Crow Tribe by Article V,

Section 8 and Article IV, Section 3(k) of the Constitution and Bylaws of the Crow Tribe of

Indians, on this 277 day of foes | , 2018.

k_ ph a9 Paes

Alvin Not Afraid, Jr.-Chairman

Crow Tribal Executive Branch

April 27", 2018 - Special Session

Resolution Approving the Crow Tribe’s Limited Waiver of Sovereign Immunity in the Little bighorn

battlefield national monument guided interpretive motorized tours Concession Contract with the

National Park Service

Page 3 of 3

JAR “RESOLUTION APPROVING THE CROW TRIBE’S LIMITED WAIVER OF SOVEREIGN IMMUNITY IN THE

LITTLE BIGHORN BATTLEFIELD NATIONAL MONUMENT GUIDED INTERPRETIVE MOTORIZED TOURS

CONCESSION CONTRACT WITH THE NATIONAL PARK SERVICE”

Bill or Resolution: JAR18-01 Introduced by: Chairman Alvin Not Afraid Date of Vote:_4/27/2018

Number

REPRESENTATIVE:

M. White Clay

D. Spotted

F. White Clay

L.Hogan, III

B. Brown

S. Real Bird

V. Nomee

T. Yellowtail

T. Gros Ventre

M. Not Afraid

Vacant

J. Demontiney

B. Hugs

N. Old Crow, Jr.

B. Good Luck

H. Stone, Jr.

L. DeCrane, Secretary of the House

P. Alden, Jr., Speaker of the House

Total:

Result of Vote:

Passed

Cit aud

Yes

No Abstained

A | |

A | PS [PS IDK

Not Passed

S2¢

Sehator Pat Alden, Jr.

Speaker of the House

Crow Tribal Legislative a

Date

Tabled

Senator Lawrence DeCrane

Secretary of the House

Crow Tribal Legislative Branch

Veto-Override

Date

-t-+I9

United States Department of the Interior

NATIONAL

PARK

SERVICE

NATIONAL PARK SERVICE

INTERMOUNTAIN REGION

12795 West Alameda Parkway

P.O. Box 25287

Denver, Colorado 80225-0287

IN REPLY REFER TO:

IMR-ACM

CC-LIBI003-18 OCT 16 2017

Mr. Alvin Not Afraid Jr., Chairman

Crow Tribe of Indians

#1 Bacheeitch Avenue

Crow Agency, MT 59022

Dear Chairman:

Enclosed for your records is the fully awarded Concession Contract CC-LIB1I003-18 to provide guided

interpretive motorized tours within Little Bighorn Battlefield National Monument.

We still require your agreement to a limited waiver of sovereign immunity with respect to contracts and

tort claims arising out of or in connection with this Contract (see Contract, Sec. 1. Term of Contract).

Similar to the CC-BICA007-17 contract, we have given you 60 days to secure this waiver. Please provide

a copy of the waiver at your earliest convenience.

The Superintendent at Little Bighorn Battlefield National Monument will work with you to understand

the requirements of the new Contract. Please direct questions to the Superintendent at: (406) 638-2621 or

the Concessions Specialist at: (406) 638-3216.

Sincerely,

haw Water

Sue E. Masica

Regional Director

Enclosure

ce: Superintendent, Little Bighorn Battlefield National Monument

V3.30.2016

CATEGORY Ill CONTRACT

UNITED STATES DEPARTMENT OF THE INTERIOR

NATIONAL PARK SERVICE

LITTLE BIGHORN BATTLEFIELD NATIONAL MONUMENT

GUIDED INTERPRETIVE MOTORIZED TOURS

CONCESSION CONTRACT NO. CC-LIBIO03-18

Crow Tribe of Indians

P.O Box 159

Bacheeitche Avenue

Crow Agency, MT 59022

AJ.NotAfraid@crow-nsn.gov

(406) 702-0428

Doing Business As Crow Tribe

Covering the Period January 1, 2018 through December 31, 2027

CC-LIBIO03-18 Contract Table of Contents

CONCESSION CONTRACT

TABLE OF CONTENTS

SEC. 1. TERM OF CONTRACT.

SEC. 2. SERVICES AND OPERATIONS.

(a) Required and Authorized Visitor Services

(b) Operation, Maintenance and Quality of Operation

(d) Rat@Sisveascove od

(e) No Capital Improvements ............06

SEC.3. CONCESSIONER PERSONNEL.

SEC. 4. ENVIRONMENTAL ..

SEC. 5. FEES vcs

(a) Franchise Fee..

(b) Payments Due.

(CQ) Interest...........

SEC. 6. INSURANCE..

SEC..7. RECORDS AND REPORTS

(a) Accounting System..........

(b) Annual Financial Report...

SEC. 8. SUSPENSION, TERMINATION, OR EXPIRATION

(a) Termination and SUSPeNSION ......csceecseeeeeeeeeeseteeeeeneees

(b) Requirements in the Event of Suspension, Termination or Expiration.

SEC. 9. ASSIGNMENT, SALE OR ENCUMBRANCE OF INTERESTS.

SEC. 10. GENERAL PROVISIONS ~ SEE ADDENDUM 1

UUURERAWWWWWWWNNNNNNS> oo

Attachments:

Exhibit A Nondiscrimination f

Exhibit B Operating Plan

Exhibit C Assigned Government Personal Property

Exhibit D Insurance

Exhibit E Transition to a New Concessioner

Exhibit F Intellectual Property Licensed Marks

V3.30.2016

CC-LIBIO03-18 Contract , Page 1

This Contract is made and entered into by and between the United States of America, acting in this matter by

the Director of the National Park Service, through the Regional Director of the Intermountain Region,

hereinafter referred to as the “Director”, and The Crow Tribe of Indians, (hereinafter referred to as

"Concessioner"), a Native American Tribe, doing business as Crow Tribe under the authority of 54 U.S.C. §§

101911 et seq., including 54 U.S.C. §§ 100901 et seq., and other laws that supplement and amend these

laws. The Director and the Concessioner agree:

SEC. 1. TERM OF CONTRACT

(a) This Contract will have a term of ten years from January 1, 2018 until its expiration on December 31,

2027.

(b) As a condition to this term, however, the Concessioner agrees to grant voluntarily a limited waiver of its

sovereign immunity with respect to claims arising out of or in connection with this Contract as provided

in subsection below, retroactive to the effective date of the Contract. Should the Concessioner fail to

provide documentation establishing such a waiver to the Director in a timely manner, the Contract shall

terminate automatically on the 60th day after the effective date.

The Crow Tribe as Concessioner hereby grants a limited waiver of its sovereign immunity for contract and

tort claims arising out of or in connection with the Contract, provided, however that:

(i) With respect to contract claims, this limited waiver shall only extend to claims by the United States,

visitors or others for a period until ninety (90) days after the termination of this Contract as necessary

to enforce the rights and obligations hereunder, visitor contract claims shall be limited to the amount

of $10,000 and only be enforceable in a court of competent jurisdiction located within the State of

Montana, and the monetary relief available under this contract waiver shall not include any indirect,

consequential, tort, punitive or noncompensatory damages; and

(ii) With respect to tort claims, this limited waiver shall extend only to claims the amount and nature of

which are within the coverage and limits of the Concessioner’s liability insurance policies as specified

in Section 11, and shall not extend to any claims for punitive damages; and provide further

(iii) In no event shall any judgment or other relief awarded pursuant to the limited waiver in this

subsection (b) result in the encumbrance of any Tribal property or assets which are held in trust for

the Crow Tribe by the United States of America, unless required to do so by law.

The limited waiver in this subsection (b) shall be subject to approval by the Crow Tribal Legislature as

required by the Crow Tribe's Constitution and Bylaws. This waiver of immunity, and the United States’

acceptance of the limits of this waiver, is exclusive to this Contract.

SEC. 2. SERVICES AND OPERATIONS

(a) Required and Authorized Visitor Services

(1) The Concessioner must provide the following required Visitor Services within the Area:

Required Service Location

i. Guided interpretive motorized tours Battlefield tour road

(2) Authorized Visitor Services. The Concessioner is authorized but not required to provide the following

visitor services during the term of this Contract:

Authorized Service Location

it Step-on guide service, year-round Public access areas within the Monument

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CC-LIBIO03-18 Contract Page 2

(b) Operation, Maintenance and Quality of Operation

The Concessioner must provide, operate and maintain the Visitor Services in accordance with this Contract in

a manner considered satisfactory by the Director, including the nature, type and quality of the Visitor

Services. The Concessioner's authority to provide Visitor Services under the terms of this Contract is

nonexclusive. The Concessioner's operations and contract compliance will be evaluated on at least an annual

basis.

The Director will establish and revise, as necessary, after consultation with the Concessioner, specific

requirements for the operations of the Concessioner under this Contract in the form of an Operating Plan.

The initial Operating Plan is attached to this Contract as Exhibit B.

(d) Rates

All rates and charges to the public by the Concessioner for Visitor Services must be reasonable and

appropriate and must be approved by the Director.

(e) No Capital Improvements

The Concessioner may not construct any Capital Improvements upon Area lands.

SEC. 3. CONCESSIONER PERSONNEL

(a) The Concessioner must ensure that its employees are hospitable and exercise courtesy and consideration

in their relations with the public.

(b) The Concessioner must establish appropriate screening, hiring, training, safety, employment,

termination and other policies and procedures.

considered by the Concessioner or the Director to be inconsistent with the proper administration of the Area

and enjoyment and protection of visitors and must take such actions as are necessary to correct the situation.

(d) The Concessioner must maintain, to the greatest extent possible, a drug free work environment.

SEC. 4. ENVIRONMENTAL

The Concessioner must utilize appropriate best management practices (practices that apply the most current

and advanced means and technologies available to the Concessioner to undertake and maintain a superior

level of environmental performance reasonable in light of the circumstances of the operations conducted

under this Contract) in its provision of Visitor Services and other activities under this Contract.

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CC-LIBIOO3-18 Contract Page 3

SEC. 5. FEES

(a) Franchise Fee

(1) The Concessioner must pay a franchise fee to the Director as follows:

One percent (1%) of the Concessioner’s gross receipts for the preceding year or portion of a year or a flat fee

of $500, whichever is greater.

(2) The Concessioner has no right to waiver of the fee under any circumstances.

(b) Payments Due

(1) The minimum franchise fee of (1% is due on October 1. Any additional amount due to equal 1% of

gross receipts is due within 60 days after the end of the normal operating season. This quarterly payment

must include the franchise fee equal to the specified percentage of gross receipts for the preceding three

months.

(2) All franchise fees shall be deposited electronically by the Concessioner in accordance with all Applicable

Laws.

(3) The Concessioner must pay any additional fee amounts due at the end of the operating year as a result

of adjustments at the time of submission of the Concessioner’s Annual Financial Report. Overpayments will

be offset against the following year's fees. In the event of termination or expiration of this Contract,

overpayments will first be offset against any amounts due and owing the Government and the remainder will

be paid to the Concessioner.

An interest charge will be assessed on overdue amounts for each thirty (30) day period, or portion thereof,

that payment is delayed. The percent of interest charged will be based on the current value of funds to the

United States Treasury as published quarterly in the Treasury Fiscal Requirements Manual. The Director may

also impose penalties for late payment to the extent authorized by Applicable Law.

SEC. 6. INSURANCE

The Concessioner must obtain and maintain during the entire term of this Contract at its sole cost and

expense, coverage necessary to fulfill the obligations of this Contract. The insurance requirements are set

forth in Exhibit D.

SEC. 7. RECORDS AND REPORTS

(a) Accounting System

(1) The Concessioner must maintain an accounting system under which its accounts can be readily

identified with its system of accounts classification. Such accounting system must be capable of providing

the information required by this Contract. The Concessioner's system of accounts classification must be

directly related to the Concessioner Annual Financial Report Form issued by the Director.

(2) If the Concessioner's annual gross receipts are $500,000 or more, the Concessioner must use the

accrual accounting method.

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CC-LIBIO03-18 Contract Page 4

(3) The Concessioner must keep its accounts in such manner that there can be no diversion or concealment

of profits or expenses in the operations authorized under this Contract by means of arrangements for the

procurement of equipment, merchandise, supplies or services from sources controlled by or under common

ownership with the Concessioner or by any other device.

(b) Annual Financial Report

(1) The Concessioner must submit annually as soon as possible but not later than ninety days (90) days after

the last day of its fiscal year a financial statement for the preceding fiscal year or portion of a year as

prescribed by the Director (“Concessioner Annual Financial Report”).

(2) If the annual gross receipts of the Concessioner are in excess of $1,000,000, the financial statements

must be audited by an independent Certified Public Accountant in accordance with Generally Accepted

Auditing Standards (GAAS) and procedures promulgated by the American Institute of Certified Public

Accountants.

(3) If annual gross receipts are between $500,000, and $1,000,000, the financial statements shall be

reviewed by an independent Certified Public Accountant in accordance with Statements on Standards for

Accounting and Review Services (SSARS) and procedures promulgated by the American Institute of Certified

Public Accountants.

(4) If annual gross receipts are less than $500,000, the financial statements may be prepared without

involvement by an independent Certified Public Accountant, unless otherwise directed by the Director.

(1) Balance Sheet. If requested by the Director, within ninety (90) days of the execution of this Contract or

its effective date, whichever is later, the Concessioner must submit to the Director a balance sheet as of the

beginning date of the term of this Contract. The balance sheet must be audited or reviewed, as determined

by the annual gross receipts, by an independent Certified Public Accountant.

(2) The Director from time to time may require the Concessioner to submit other reports and data regarding

its performance under this Contract or otherwise, including, but not limited to, operational information.

SEC. 8. SUSPENSION, TERMINATION, OR EXPIRATION

(a) Termination and Suspension

(1) The Director may temporarily suspend operations under this Contract in whole or in part or terminate

this Contract in writing at any time in order to protect Area visitors, protect, conserve, and preserve Area

resources, or to limit Visitor Services in the Area to those that continue to be necessary and appropriate.

(2) The Director may terminate this Contract if the Director determines that the Concessioner has materially

breached any requirement of this Contract.

(3) In the event of a breach of the Contract, the Director will provide the Concessioner an opportunity to

cure by providing written notice to the Concessioner of the breach. In the event of a monetary breach, the

Director will give the Concessioner a fifteen (15) day period to cure the breach. If the breach is not cured

within that period, then the Director may terminate the Contract for default. In the event of a nonmonetary

breach, if the Director considers that the nature of the breach so permits, the Director will give the

Concessioner thirty (30) days to cure the breach, or to provide a plan, to the satisfaction of the Director, to

cure the breach over a specified period of time. If the breach is not cured within this specified period of time,

the Director may terminate the Contract for default. Notwithstanding this provision, repeated breaches (two

or more) of the same nature will be grounds for termination for default without a cure period. In the event

V3.30.2016

CC-LIBIO03-18 Contract Page 5

of a breach of any nature, the Director may suspend the Concessioner's operations as appropriate in

accordance with Section 8(a).

(b) Requirements in the Event of Suspension, Termination or Expiration

(1) In the event of suspension or termination of this Contract for any reason or expiration of this Contract,

no compensation of any nature will be due the Concessioner, including, but not limited to, compensation for

personal property, or for losses based on lost income, profit, or the necessity to make expenditures as a result

of the termination.

(2) Upon termination of this Contract for any reason, or upon its expiration, and except as otherwise

provided in this section, the Concessioner must, at the Concessioner's expense, promptly vacate the Area,

remove all of the Concessioner's personal property, and repair any injury caused by removal of the property.

This removal must occur within thirty (30) days (unless the Director in particular circumstances otherwise

determines). Personal property not removed from the Area will be considered abandoned property subject to

disposition by the Director, at full cost and expense of the Concessioner.

(3) Prior to and upon the expiration or termination of this Contract for any reason, and, in the event that

the Concessioner is not to continue the operations authorized under this Contract after its expiration or

termination, the Concessioner shall comply with all applicable requirements of Exhibit E to this Contract,

"Transition to a New Concessioner." This section and Exhibit E shall survive the expiration or termination of

this Contract.

SEC. 9. ASSIGNMENT, SALE OR ENCUMBRANCE OF INTERESTS

This Contract may not be assigned [e.g. sold] or encumbered [e.g. mortgaged] without the approval of the

Director in accordance with 36 CFR Part 51 with respect to proposed assignments and encumbrances.

SEC. 10. GENERAL PROVISIONS - SEE ADDENDUM 1.

Addendum 1 attached to this Contract is made a part of this Contract.

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CC-LIBIO03-18 Contract Page 6

IN WITNESS WHEREOF, the duly authorized representatives of the parties have executed this Contract on

the dates shown below.

UNITED STATES OF AMERICA

CONCESSIONER

A 2 Ay Z VUnek :

By__/, ett. J By. :

Signdture oo Sue E. Masica

Director, National Park Service

Alvin Not Afraid Jr.

Crow Tribe

pate: ACtaber3 _. 20\F vate: __ 0/1 ao ol F

V3,30.2016

CC-LIBIOO3-18 Addendum 1 Page Al-1

ADDENDUM 1

GENERAL PROVISIONS

1. DEFINITIONS

The following terms used in this Contract will have the following meanings, which apply to both the singular

and the plural forms of the defined terms:

(a) “Applicable Laws” means the laws of Congress governing the Area, including, but not limited to, the

rules, regulations, requirements and policies promulgated under those laws, whether now in force, or

amended, enacted or promulgated in the future, including, without limitation, federal, state and local laws,

rules, regulations, requirements and policies governing nondiscrimination, protection of the environment and

protection of public health and safety.

(b) “Area” means the property within the boundaries of Little Bighorn Battlefield National Monument.

(d) “Director” means the Director of the National Park Service, and his duly authorized representatives.

(e) “Exhibit” means the various exhibits, which are attached to this Contract, each of which is hereby made

a part of this Contract.

(f) “Gross Receipts” means the total amount received or realized by, or accruing to, the Concessioner from

all sales for cash or credit, of services, accommodations, materials, and other merchandise made pursuant to

the rights granted by this Contract, commissions earned on contracts or agreements with other persons or

companies operating in the Area, and gross receipts earned from electronic media sales, but excluding:

(1) Intracompany earnings on account of charges to other departments of the operation (such as

laundry);

2) Charges for employees' meals, lodgings, and transportation;

3) Cash discounts on purchases;

4) Cash discounts on sales;

5) Returned sales and allowances;

6) Interest on money loaned or in bank accounts;

7) Income from investments;

8) Income from subsidiary companies outside of the Area;

9) Sale of property other than that purchased in the regular course of business for the purpose of

resale;

(10) Sales and excise taxes that are added as separate charges to sales prices, gasoline taxes,

hunting and fishing license fees, and postage stamps, provided that the amount excluded will

not exceed the amount actually due or paid government agencies;

(11) Receipts from the sale of handicrafts that have been approved for sale by the Director as

constituting authentic American Indian, Alaskan Native, Native Samoan, or Native Hawaiian

handicrafts.

All monies paid into coin operated devices, except telephones, whether provided by the Concessioner or by

others, must be included in gross receipts. However, only revenues actually received by the Concessioner

from coin-operated telephones must be included in gross receipts. All revenues received from charges for inroom telephone or computer access must be included in gross receipts.

(g) “Superintendent” means the manager of the Area.

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CC-LIBIO03-18 Addendum 1 Page A1-2

(h) “Visitor Services” means the accommodations, facilities and services that the Concessioner is required

and/or authorized to provide by this Contract.

2. LEGAL AND REGULATORY COMPLIANCE

This Contract, operations under it by the Concessioner, and its administration by the Director, are subject to .

all Applicable Laws. The Concessioner must comply with all Applicable Laws in fulfilling its obligations under

this Contract at the Concessioner's sole cost and expense. The Concessioner must give the Director

immediate written notice of any violation of Applicable Laws by the Concessioner, including its employees,

agents or Contractors, and must promptly correct any violation.

3. SERVICES AND OPERATIONS

(a) All promotional material, regardless of media format (i.e., printed, electronic, broadcast media), provided

to the public by the Concessioner in connection with the services provided under this Contract must be

approved in writing by the Director prior to use. All such material will identify the Concessioner as an

authorized Concessioner of the National Park Service, Department of the Interior.

(b) The Concessioner will provide Federal employees reduced rates, in accordance with guidelines

established by the Director, when conducting necessary official business. Complimentary or reduced rates

and charges may otherwise not be provided to Federal employees by the Concessioner except to the extent

that they are equally available to the general public.

representatives, will have access to the records of the Concessioner as provided by the terms of Applicable

Laws.

(d) Subconcession or other third party agreements, including management agreements, for the provision of

Visitor Services required and/or authorized under this Contract, whether in consideration of a percentage of

revenues or otherwise, are not permitted.

(e) The Concessioner will ensure that any protected sites and archeological resources within the Area are not

disturbed or damaged by the Concessioner's activities. Discoveries of any archeological resources by the

Concessioner will be promptly reported to the Director.

4, ENVIRONMENTAL DATA, REPORTS, NOTIFICATIONS, AND APPROVALS

(a) Inventory of Hazardous Substances and Inventory of Waste Streams

The Concessioner must submit to the Director, upon request, an inventory of hazardous chemicals used and

stored in the Area by the Concessioner. The Concessioner must obtain the Director's approval prior to using

any extremely hazardous substance, as defined in the Emergency Planning and Community Right to Know

Act of 1986, in operations under this Contract. The Concessioner must also submit to the Director, upon

request, an inventory of all waste streams generated by the Concessioner under this Contract.

(b) Reports

The Concessioner must submit to the Director copies of all documents, reports, monitoring data, manifests,

and other documentation required under Applicable Laws to be submitted to regulatory agencies. The

Concessioner must also submit to the Director any environmental plans for which coordination with Area

operations are necessary and appropriate, as determined by the Director in accordance with Applicable Laws.

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CC-LIBIOO3-18 Addendum 1 Page Al-3

The Concessioner must give the Director immediate written notice of any discharge, release or threatened

release (as these terms are defined by Applicable Laws) within or at the vicinity of the Area (whether solid,

semi-solid, liquid or gaseous in nature) of any hazardous or toxic substance, material, or waste of any kind,

including, without limitation, building materials such as asbestos, or any contaminant, pollutant, petroleum,

petroleum product or petroleum by-product.

(d) Notice of Violation

The Concessioner must give the Director in writing 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

Concessioner, its agents or employees.

(e) Communication with Regulatory Agencies

The Concessioner must provide timely written advance notice to the Director of communications, including

without limitation, meetings, audits, inspections, hearings and other proceedings, between regulatory

agencies and the Concessioner related to compliance with Applicable Laws concerning operations under this

Contract. The Concessioner must also provide to the Director any written materials prepared or received by

the Concessioner in advance of or subsequent to any such communications. The Concessioner must allow the

Director to participate in any such communications. The Concessioner must also provide timely notice to the

Director following any unplanned communications between regulatory agencies and the Concessioner.

(f) Cost Recovery for Concessioner Environmental Activities

If the Concessioner does not promptly contain and remediate an unauthorized discharge or release arising out

of the activities of the Concessioner, its employees, agents ‘and Contractors, as set forth in this section, or

correct any environmental self-assessment finding of non-compliance, in full compliance with Applicable Laws,

the Director may, in its sole discretion and after notice to the Concessioner, take any such action consistent

with Applicable Laws as the Director deems necessary to abate, mitigate, remediate, or otherwise respond to

such release or discharge, or take corrective action on the environmental self-assessment finding. The

Concessioner will be liable for and must pay to the Director any costs of the Director associated with such

action upon demand. Nothing in this section precludes the Concessioner from seeking to recover costs from a

responsible third party.

5; FEES

(a) Adjustment of Franchise Fee

(1) The Concessioner or the Director may request, in the event that either considers that extraordinary,

unanticipated changes have occurred after the effective date of this Contract, a reconsideration and possible

subsequent adjustment of the franchise fee established in this section. For the purposes of this section, the

phrase “extraordinary, unanticipated changes” will mean extraordinary, unanticipated changes from the

conditions existing or reasonably anticipated before the effective date of this Contract which have or will

significantly affect the probable value of the privileges granted to the Concessioner by this Contract. For the

purposes of this section, the phrase “probable value” means a reasonable opportunity for net profit in

relation to capital invested and the obligations of this Contract.

(2) The Concessioner or the Director must make a request for a reconsideration by mailing, within sixty

(60) days from the date that the party becomes aware, or should have become aware, of the possible

extraordinary, unanticipated changes, a written notice to the other party that includes a description of the

possible extraordinary, unanticipated changes and why the party believes they have affected or will

significantly affect the probable value of the privileges granted by this Contract.

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CC-LIBIO03-18 Addendum 1 Page Al-4

(3) If the Concessioner and the Director agree that extraordinary, unanticipated changes have occurred,

the Concessioner and the Director will undertake good faith negotiations as to an appropriate adjustment of

the franchise fee.

(4) The negotiation will last for a period of sixty (60) days from the date the Concessioner and the Director

agree that extraordinary, unanticipated changes occurred. If the negotiation results in agreement as to an

adjustment (up or down) of the franchise fee within this period, the franchise fee will be adjusted

accordingly, prospectively as of the date of agreement.

(5) If the negotiation does not result in agreement as to the adjustment of the franchise fee within this

sixty (60) day period, then either the Concessioner or the Director may request binding arbitration to

determine the adjustment to franchise fee in accordance with this section. Such a request for arbitration

must be made by mailing written notice to the other party within fifteen (15) days of the expiration of the

sixty (60) day period.

(6) — Within thirty (30) days of receipt of such a written notice, the Concessioner and the Director will each

select an arbiter. These two arbiters, within thirty (30) days of selection, must agree to the selection of a

third arbiter to complete the arbitration panel. Unless otherwise agreed by the parties, the arbitration panel

will establish the procedures of the arbitration. Such procedures must provide each party a fair and equal

opportunity to present its position on the matter to the arbitration panel.

(7) The arbitration panel will consider the written submissions and any oral presentations made by the

Concessioner and the Director and provide its decision on an adjusted franchise fee (up, down or unchanged)

that is consistent with the probable value of the privileges granted by this Contract within sixty (60) days of

the presentations.

(8) Any adjustment to the franchise fee resulting from this section will be prospective only.

(9) Any adjustment to the franchise fee will be embodied in an amendment to this Contract.

(10) During the pendency of the process described in this section, the Concessioner will continue to make

the established franchise fee payments required by this Contract.

6. INDEMNIFICATION

The Concessioner agrees to assume liability for and does hereby agree to save, hold harmless, protect, defend

and indemnify the United States of America, its agents and employees from and against any and all liabilities,

obligations, losses, damages or judgments (including without limitation penalties and fines), claims, actions,

suits, costs and expenses (including without limitation attorneys fees and experts' fees) of any kind and

nature whatsoever on account of fire or other peril, bodily injury, death or property damage, or claims for

bodily injury, death or property damage of any nature whatsoever, and by whomsoever made, in any way

connected with or arising out of the activities of the Concessioner, its employees, agents or Contractors

under this Contract. This indemnification will survive the termination or expiration of this Contract.

7. NOTICE OF BANKRUPTCY OR INSOLVENCY

The Concessioner must give the Director immediate notice (within five (5) days) after the filing of any petition

in bankruptcy, filing any petition seeking relief of the same or different kind under any provision of the

Bankruptcy Act or its successor, or making any assignment for the benefit of creditors. The Concessioner

must also give the Director immediate notice of any petition or other proceeding against the Concessioner for

the appointment of a trustee, receiver, or liquidator, or, the taking by any person or entity of the rights

granted by this Contract or any part thereof upon execution, attachment or other process of law or equity.

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CC-LIBIO03-18 Addendum 1 Page A1-5

For purposes of the bankruptcy statutes, NPS considers that this Contract is not a lease but an executory

Contract exempt from inclusion in assets of Concessioner pursuant to 11 U.S.C. 365. The Director may

terminate this Contract if the Director determines that the Concessioner is unable to perform the terms of

Contract due to such bankruptcy or insolvency action.

8. ADDITIONAL PROVISIONS

(a) This Contract contains the sole and entire agreement of the parties, except for survival of the

Concessioner’s commitments as set forth in its Offeror's Transmittal Letter in response to the solicitation for

this Contract. No oral representations of any nature form the basis of or may amend this Contract. This

Contract may be extended, renewed or amended only when agreed to in writing by the Director and the

Concessioner.

(b) This Contract does not grant rights or benefits of any nature to any third party.

of this Contract.

(d) Waiver by the Director or the Concessioner of any breach of any of the terms of this Contract by the

other party will not be deemed to be a waiver or elimination of such term, nor of any subsequent breach of

the same type, nor of any other term of the Contract. The subsequent acceptance of any payment of money

or other performance required by this Contract will not be deemed to be a waiver of any preceding breach of

any term of the Contract.

(e) No member of, or delegate to, Congress or Resident Commissioner will be admitted to any share or

part of this Contract or to any benefit that may arise from this Contract but this restriction will not be

construed to extend to this Contract if made with a corporation or company for its general benefit.

(f) This Contract is subject to the provisions of 2 C.F.R. Part 1400, as applicable, concerning

nonprocurement debarment and suspension. The Director may recommend that the Concessioner be

debarred or suspended in accordance with the requirements and procedures described in those regulations,

as they are effective now or may be revised in the future.

(g) Nothing contained in this Contract shall be construed as binding the Director to expend, in any fiscal

year, any sum in excess of the appropriation made by Congress for that fiscal year or administratively

allocated for the subject matter of this Contract, or to involve the Director in any contract or other obligation

for the future expenditure of money in excess of such appropriations.

9. NATIONAL PARK SERVICE TRADEMARK LICENSE

(a) License Grant

The unique nature of a National Park Service concession blends commercial enterprise with the treasured

historic, cultural, and, natural assets that the Director is responsible for protecting. The Director hereby grants

to the Concessioner a royalty-free, non-exclusive, non-transferable license to use the marks as listed in Exhibit

F (“Marks”), for use solely to carry out the services described under this Contract in manner that promotes

National Park Service goals and values as stated herein. The Concessioner has the right to sub-license Marks

in order to carry out services described under this Contract upon written approval of the Director and under

same or substantially similar terms as contained herein. Any use of any Mark intended to identify the National

Park Service, or one of the Concession Facilities, shall inure to the benefit of the National Park Service. This

license shall cease upon termination or expiration of the Contract, or as otherwise determined by the Director

or by law. This license does not constitute a compensable interest to the Concessioner.

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CC-LIBIO03-18 Addendum 1 Page Al-6

(b) Quality Control and Goodwill

The Concessioner acknowledges that the maintenance of the high quality of the services, materials, products,

and merchandise produced, sold or otherwise prepared for public dissemination pursuant to or in order to

carry out services required under this Contract, as well as the control by the Director over their nature,

quality, and manner of delivery or distribution, are material conditions of this Contract. The Concessioner

shall maintain the distinctiveness of the Marks, the image of the National Park Service brand, and the image

and high quality of the services, materials, products, and merchandise bearing the Marks licensed herein.

Marks may be used and appear together with other marks used in connection with concession-related goods

and services but must stand by themselves. The Concessioner shall immediately cease use of a Mark used in

association with the services provided under this Contract on request of the National Park Service.

The Concessioner acknowledges that the National Park Service is the sole and exclusive owner of all right,

title and interest in and to its Marks, including those licensed under this agreement, as well as to all

combinations, forms, and derivatives which must be approved by the Director. The Concessioner further

acknowledges, represents and warrants that it has not acquired and shall not acquire (whether by operation

of law, by this Contract, or otherwise) any right, title, interest or ownership (collectively “Ownership Rights”)

in or to any National Park Service Marks or any part thereof. Should any Ownership Rights become vested in

the Concessioner, the Concessioner agrees to assign, and hereby assigns, all such Ownership Rights to the

Director free of consideration. The Concessioner shall immediately provide and execute all documents

reasonably requested by the Director to effectuate and record each such assignment. The Concessioner shall

not, during the term or at any time thereafter, do anything which, in the Director's sole judgment, could in

any way damage the validity and subsistence of the Marks. The Concessioner shall not attack, dispute, or

challenge the National Park Service's Ownership Rights in or to the Marks or the validity of this Contract, nor

shall the Concessioner assist others in so doing.

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CC-LIBIO03-18 Exhibit A: Nondiscrimination Page A-1

EXHIBIT A

NONDISCRIMINATION

SEC. 1 REQUIREMENTS RELATING TO EMPLOYMENT AND SERVICE TO THE PUBLIC

(a) Employment

During the performance of this Contract the Concessioner agrees as follows:

(1) The Concessioner will not discriminate against any employee or applicant for employment because of

race, color, religion, sex, sexual orientation, gender identity, age, national origin, or disabling condition. The

Concessioner will take affirmative action to ensure that applicants are employed, and that employees are

treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender

identity, age, national origin, or disabling condition. Such action shall include, but not be limited to, the

following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or

termination; rates of pay or other forms of compensation; and selection for training, including

apprenticeship. The Concessioner agrees to post in conspicuous places, available to employees and

applicants for employment, notices to be provided by the Secretary setting forth the provision of this

nondiscrimination clause.

(2) The Concessioner will, in all solicitations or advertisements for employees placed by on behalf of the

Concessioner, state that all qualified applicants will receive consideration for employment without regard to

race, color, religion, sex, sexual orientation, gender identity, age, national origin, or disabling condition.

(3) The Concessioner will send to each labor union or representative of workers with which the Concessioner

has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the

Secretary, advising the labor union or workers’ representative of the Concessioner's commitments under

Section 202 of Executive Order No. 11246 of September 24, 1965, as amended by Executive Order No.

11375 of October 13, 1967, and shall post copies of the notice in conspicuous places available to employees

and applicants for employment.

(4) Within 120 days of the commencement of a contract every Government contractor or subcontractor

holding a contract that generates gross receipts which exceed $50,000 and having 50 or more employees

shall prepare and maintain an affirmative action program at each establishment which shall set forth the

contractor's policies, practices, and procedures in accordance with the affirmative action program

requirement.

(5) The Concessioner will comply with all provisions of Executive Order No. 11246 of September 24, 1965, as

amended by Executive Order No. 11375 of October 13, 1967, and of the rules, regulations, and relevant

orders of the Secretary of Labor.

(6) The Concessioner will furnish all information and reports required by Executive Order No. 11246 of

September 24, 1965, as amended by Executive Order No. 11375 of October 13, 1967, and by the rules,

regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to the

Concessioner's books, records, and accounts by the Secretary of the Interior and the Secretary of Labor for

purposes of investigation to ascertain compliance with such rules, regulations, and orders.

(7) The Concessioner will comply with all provisions of Executive Order 13658- Establishing a Minimum Wage

for Contractors, and its implementing regulations, including the applicable contract clause, which are

incorporated by reference into this Contract as if fully set forth in this Contract. The applicable contract

clause is available at https://federalregister.gov/a/2014-23533.

(8) In the event of the Concessioner's noncompliance with the nondiscrimination clauses of this Contract or

with any of such rules, regulations, or orders, this Contract may be canceled, terminated or suspended in

V4.21.2015

CC-LIBIO03-18 Exhibit A: Nondiscrimination Page A-2

whole or in part and the Concessioner may be declared ineligible for further Government concession

contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, as

amended by Executive Order No. 11375 of October 13, 1967, and such other sanctions may be imposed and

remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, as amended by

Executive Order No. 11375 of October 13, 1967, or by rule, regulation, or order of the Secretary of Labor, or -

as otherwise provided by law.

(9) The Concessioner will include the provisions of paragraphs (1) through (8) in every subcontract or

purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to

Section 204 of Executive Order No. 11246 of September 24, 1965, as amended by Executive Order No.

11375 of October 13, 1967, so that such provisions will be binding upon each subcontractor or vendor. The

Concessioner will take such action with respect to any subcontract or purchase order as the Secretary may

direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however,

that in the event the Concessioner becomes involved in, or is threatened with, litigation with a subcontractor

or vendor as a result of such direction by the Secretary, the Concessioner may request the United States to

enter into such litigation to protect the interests of the United States.

(b) Construction, Repair, and Similar Contracts

The preceding provisions A(1) through A(8) governing performance of work under this Contract, as set out in

Section 202 of Executive Order No. 11246 of September 24, 1965, as amended by Executive Order No.

11375 of October 13, 1967, shall be applicable to this Contract, and shall be included in all contracts

executed by the Concessioner for the performance of construction, repair, and similar work contemplated by

this Contract, and for that purpose the term “Contract” shall be deemed to refer to this instrument and to

contracts awarded by the Concessioner and the term “Concessioner” shall be deemed to refer to the

Concessioner and to contractors awarded contracts by the Concessioner.

(1) Definitions: As used herein:

(i) Concessioner shall mean the Concessioner and its employees, agents, lessees, sublessees, and

contractors, and the successors in interest of the Concessioner;

(ii) Facility shall mean any and all services, facilities, privileges, accommodations, or activities available to

the general public and permitted by this agreement.

(2) The Concessioner is prohibited from:

(i) publicizing facilities operated hereunder in any manner that would directly or inferentially reflect

upon or question the acceptability of any person because of race, color, religion, sex, sexual

orientation, gender identity, age, national origin, or disabling condition;

(ii) discriminating by segregation or other means against any person.

SEC. 2 ACCESSIBILITY

Title V, Section 504, of the Rehabilitation Act of 1973, as amended in 1978, requires that action be taken to

assure that any “program” or “service” being provided to the general public be provided to the highest

extent reasonably possible to individuals who are mobility impaired, hearing impaired, and visually impaired.

lt does not require architectural access to every building or facility, but only that the service or program can

be provided somewhere in an accessible location. It also allows for a wide range of methods and techniques

for achieving the intent of the law, and calls for consultation with disabled persons in determining what is

reasonable and feasible.

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CC-LIBIO03-18 Exhibit A: Nondiscrimination Page A-3

No handicapped person shall, because a Concessioner's facilities are inaccessible to or unusable by

handicapped persons, be denied the benefits of, be excluded from participation in, or otherwise be subjected

to discrimination under any program or activity receiving Federal financial assistance or conducted by any

Executive agency or by the U.S. Postal Service.

(a) Discrimination Prohibited

A Concessioner, in providing any aid, benefit, or service, may not directly or through contractual, licensing, or

other arrangements, on the basis of handicap:

(1) Deny a qualified handicapped person the opportunity to participate in or benefit from the aid, benefit, or

service;

(2) Afford a qualified handicapped person an opportunity to participate in or benefit from the aid, benefit, or

service that is not equal to that afforded others;

(3) Provide a qualified handicapped person with an aid, benefit, or service that is not as effective as that

provided to others;

(4) Provide different or separate aids, benefits, or services to handicapped persons or to any class of

handicapped persons unless such action is necessary to provide qualified handicapped persons with aid,

benefits, or services that are as effective as those provided to others;

(5) Aid or perpetuate discrimination against a qualified handicapped person by providing significant

assistance to an agency, organization, or person that discriminates on the basis of handicap in providing any

aid, benefit, or service to beneficiaries of the recipient's program;

(6) Deny a qualified handicapped person the opportunity to participate as a member of planning or advisory

boards; or

(7) Otherwise limit a qualified handicapped person in the enjoyment of any right, privilege, advantage, or

opportunity enjoyed by others receiving an aid, benefit, or service.

(b) Existing Facilities

A Concessioner shall operate each program or activity so that the program or activity, when viewed in its

entirety, is readily accessible to and usable by handicapped persons. This paragraph does not require a

Concessioner to make each of its existing facilities or every part of a facility accessible to and usable by

handicapped persons.

V4.21.2015

CC-LIBIO03-18 Exhibit B: Operating Plan Table of Contents

OPERATING PLAN

RATE APPROVAL PROCESS...

D) EVALUATIONS

) VISITOR COMMENTS AND COMPLAINTS ..

F) GENERAL POLICIES

G) HUMAN RESOURCES MANAGEMENT...

H EMERGENCY MEDICAL CARE........0+e++

)) ENVIRONMENTAL MANAGEMENT PROGRAM

J) RESOURCE: PROTECTION scvvssessaveavievevesss

K) RISK MANAGEMENT (SAFETY) PROGRAM ....

L) ACCIDENT AND INCIDENT REPORTING ..

M) PUBLIC RELATIONS.

W) REPORTING REQUIREMEN US wccsisiencesssennirsencivnscenravenunwunvnsanynranasnnyendacusiuaccuesassararumerssercunsiaessasnnioinnsne 10

A) CONCESSIONER OPERATIONAL REPORTS...

B) SUMMARY OF INITIAL AND RECURRING DUE DATES.

ATTACHMENT B-4: GUIDED LAND TOUR OPERATING STANDARDS......ssscssescsrseerenesreenseeeeneeatienes suvneoan 12

CC-LIBIO03-18 Exhibit B: Operating Plan B-1

1) INTRODUCTION

This Operating Plan between Crow Tribe of Indians (hereinafter referred to as the “Concessioner") and the

National Park Service (hereinafter referred to as the “Service”) describes specific operating responsibilities of

the Concessioner and the Service for the purposes authorized by the Contract within Little Bighorn Battlefield

National Monument (hereinafter referred to as the “Area"’).

In the event of any conflict between the terms of the Contract and this Operating Plan, the terms of the

Contract, including its designations and amendments, will prevail.

This plan will be reviewed annually by the Superintendent in consultation with the Concessioner and revised

as determined necessary by the Superintendent of the Area. Any revisions shall be consistent with the main

body of this Contract. Any revisions must be reasonable and in furtherance of the purposes of the Contract.

2) Required and Authorized Visitor Services

A) Description

(1) Asset forth in the Contract, the Concessioner is required to provide guided interpretive

motorized tours. The Concessioner must use a minimum of one vehicle.

(2) Additionally, the Concessioner is authorized to provide guided interpretive motorized tours

using up to two additional vehicles.

(3) As set forth in the Contract, the Concessioner is authorized to provide step-on guide services

similar in duration, scope, and quality as the guided interpretive motorized tours outlined in

Section A) (1) above, year round, in public access areas within the Area,

Schedule of Operation

(1) The Concessioner must provide the required services for Area visitors on a seasonal basis from

Memorial Day to Labor Day.

(2) Each tour will be one hour in duration and depart the visitor center parking lot at 9 a.m., 10:30

a.m., 12 noon, 2 p.m. and 3:30 p.m.

(3) The Concessioner must submit any proposed changes in tour schedules to the Chief of

Interpretation for review prior to April 15 of each operating year.

Scope of Services

The Concessioner must provide all services in a consistent, environmentally-sensitive, and quality

manner. Standards provided by current Service Concession Management Guidelines are service

minimums. The Concessioner must monitor and evaluate its operations to ensure that they meet

quality standards. When in conflict, standards and guidelines described in this Operating Plan

supersede those identified on the Website.

(1) Service Standards. See the Commercial Services Website at

https://concessions.nps.gov/tools_others.htm for the Guided Land Tour Standards, which are also

provided as an Attachment to this Operating Plan. Additional general standards regarding

guided land tour operations are outlined below.

(2) Route. Tours originate at the Monument’s Visitor Center parking lot and travel by bus

approximately five miles south on an established route to the Reno-Benteen Battlefield, where

the Battle of the Little Bighorn began. Tour guides provide interpretation of the events

surrounding the battle. The tour concludes at Last Stand Hill and visitors are then returned to the

Visitor Center parking lot.

(3) Interpretive Services. The Concessioner must submit to the Service for review Tour Outlines and

Interpretive Materials within 90 days of Contract effective date and updated as needed.

(4) The Concessioner’s authority to provide Visitor Services under the terms of this Contract is

nonexclusive.

CC-LIBIO03-18 Exhibit B: Operating Plan B-2

(5)

(6)

(7)

(8)

(9)

The Concessioner must base its operations outside the Area. With the exception of a reservation

desk located inside the Visitor Center, the Service will not provide any facilities for this operation

within the Area.

The Concessioner must provide all personal property necessary for its operations under this

Contract.

Drivers may lead or accompany passengers during walking tours of the sites.

Any and all “step-on” guided tours provided by the Concessioner that enter the Park at any

point during the tour must be included in the Concessioner’s gross receipts under this Contract.

Motorized Tour Vehicles

(a) Vehicles used to provide the motorized tours will be universally accessible with a passenger

capacity of 14-24 seats.

(b) The Concessioner must ensure that all vehicles are equipped with approved safety belts for

all seats, and that the driver and all passengers are properly restrained with the seat belt

assembly at all times when the vehicle is in motion, as required by 49 CFR § 392.16 and as

described by FMCSA Part 392.

particularly those regulations administered by the Montana Department of Transportation

(DOT) for transportation of passengers for hire.

(d) The Concessioner must ensure that the original vehicle registration certificate, proof of

insurance and safety inspection is carried in each vehicle.

(e) Each vehicle must have a two-way radio connecting with a base station at the visitor

center.

(f) Each vehicle must be in sound mechanical condition and have an overall well maintained

and clean appearance. The interior and exterior must be in good physical condition.

Vehicles must be free of rust and chipped or discolored paint.

(g) Each vehicle must be free of fluid leaks and be maintained for minimum emissions.

(h) Each vehicle must be maintained in a safe operating condition, in accordance with

manufacturer's recommendations, including tire pressure.

(i) The Concessioner may not perform any vehicle maintenance within the Area.

() The Concessioner must remove its disabled vehicles from the Park immediately.

(k) The Concessioner must ensure its drivers keep vehicle idling to a minimum during

passenger pick up and drop off or at stopping points.

(l) Vehicles must not exceed their passenger capacities under any circumstances.

(m) Touring bus will be replaced in year 5.

(n) Tour Vehicle Parking

¢ During business hours, the Concessioner must park tour vehicles at the NPS-

designated locations, marked by traffic cones.

e After the close of business, the Concessioner must park the tour vehicles in the NPS-

designated employee parking lot.

(10) Driver Qualifications and Operating Procedures.

(a) Guides must be on the Concessioner’s payroll and covered by its insurance policies and

Workers Compensation Policy.

(b) Non-employee guides may only be allowed at the discretion of the Superintendent.

whenever the bus is in motion. Standing during operation is prohibited.

(d) The use of a cell phone by the driver of the vehicle is prohibited while the vehicle is in

motion.

CC-LIBIO03-18 Exhibit B: Operating Plan B-3

(e) First Aid and CPR Training. All drivers must possess current First Aid and CPR certification,

or an equivalent or higher level of certification. In order to be considered equivalent, the

course must include classroom/hands-on instruction and must be accredited.

(f) Defensive driving safety training will be part of training for CDL drivers.

(11) The Concessioner guides must stay on maintained trails and ensure tour visitors also stay on

maintained trails.

(12) Exclusions. The following Guided Land Tours standards as found on the Commercial Services

Website at https://concessions.nps.gov/tools_others.htm do not apply to this operation.

(a) Standards #1-23: since the Concessioner has no land assignment.

(b) Standards #26-38: since the Concessioner has no land assignment.

3) General Operating Standards and Requirements

The operation of services required and authorized by this Contract will be in accordance with NPS

interpretive standards, the evaluation standards set forth by the Concession Review Program, and with this

Operating Plan. The Concessioner must monitor its concession services with respect to Park policy,

applicable standards, authorized rates, safety, public health, impacts on cultural and natural resources, and

visitor concerns and reactions.

A) Responsibilities

(1) Concessioner. The Concessioner must designate a manager(s) as a point of contact who has the

responsibility for carrying out the policies and directives of the Service as well as those of the

Concessioner in the operation of the authorized concession services in the Area.

(2) Service. The Superintendent manages the Area with responsibility for all operations, including

oversight responsibility of concession operations. The Superintendent carries out Service Policy,

including concession contract management. Directly, or through designated representatives

including the Chief of Interpretation, the Superintendent reviews, directs, and coordinates

Concessioner activities relating to the Area including evaluation of Concessioner services, and

review and approval of rates charged for all services.

B) Rate Determination and Approval Process

(1) Rate Determination. All rates and charges to the public by the Concessioner must comply with

the provisions of Section 3(e) of the Contract, including (without limitation) Section 3(e)’s

requirements regarding approval by the Service of the rates and charges set. The reasonableness

and appropriateness of rates and charges under this Contract must be determined, unless and

until a different rate determination is specified by the Service, using the methodologies set out

below. As used in this Operating Plan, each of the specified methodologies has the same

meaning as that set out in the National Park Service Concession Management Rate Approval

Guide (February 2017) (“Rate Approval Guide”) (a copy which can be obtained by contacting the

Service), as it may be amended, supplemented, or superseded throughout the term of this

Operating Plan.

(2) Requests for Rate Changes

(a) The Concessioner's rate requests must list a maximum requested rate. The Concessioner

must submit requests for rate changes thirty days prior to desired implementation.

(b) To avoid delays in review and approval, the Concessioner must provide comparability data

to support proposed rates with the rate request, including a detailed description of the

proposed comparable operator's product or service, and other pertinent information as

required by current Service guidance.

specific written approval of the Superintendent.

(3) Deposits, Payments, Cancellations and Refunds

CC-LIBIO03-18 Exhibit B: Operating Plan B-4

(a) The Concessioner must develop a Cancellation, Refund, Deposit and Payment Policy

consistent with industry practice. This policy must be submitted to the Service for review

and approval. Initial submittal of this policy is due 60 days after the Contract effective

date, and any subsequent revisions to this policy must also be submitted to the Service for

review before the Concessioner can implement any changes.

(b) At minimum, the Concessioner must provide full refunds of deposits if cancellations are

received seven days in advance of the intended service date.

prominently on its website and include in rate brochures and advertisements as

appropriate.

C) Rate Approval Process

(1)

(2)

(3)

(4)

Approval Timing. The Service will approve, disapprove or adjust rates and will inform the

Concessioner within 45 days of the rate request submittal. If a longer response period is

needed, the Service will inform the Concessioner of the altered response date. All rate increase

requests must be made in accordance with the Rate Administration Guide and provide

information to substantiate the requested rate in sufficient detail for the Service to replicate

results using the applicable methodology specified in the Rate Administration Guide.

Approved Rate Posting. The Concessioner must make approved rates for goods and services

available to visitors. The Service will check rate compliance during periodic evaluations

throughout the year.

Rate Compliance

(a) The Service checks rate compliance during periodic operation evaluations and throughout

the year. Approved rates will remain in effect until superseded by written changes

approved by the Superintendent.

(b) The Concessioner is responsible for ensuring no published rates exceed the maximum rate

approved by the Service. Rate compliance includes, but is not limited to, concessioner

website, concessioner telephone reservations system, and third-party booking agents and

intermediaries (e.g. Expedia, Travelocity, Orbitz).

() Approved Rate Effective Period. Approved rates must remain in effect until superseded by

changes approved in writing by the Service.

(d) Advance Rate Approvals. The Concessioner may advertise and charge a higher advance rate

for its upcoming season prior to completion of formal rate approvals in accordance with

the Service's Rate Administration Guide.

Reduced Rates for Federal Government Employees

(a) Transportation. Federal employees on official business and others on park-related business,

as designated by the Superintendent, may receive reduced rates (i.e., complimentary or

reduced price tickets) for transportation. Reduced rates may only be given if extra seats are

available and may not take the place of a paying customer.

(b) Other goods and services may not be provided to government employees or their families

without charge or at reduced rates unless they are equally available to the general public.

D) Evaluations

(1) Concessioner Monitoring Program. The Concessioner must inspect and monitor its services with

respect to Applicable Laws, Service policy and standards, authorized rates, life and fire safety,

public health, environmental management and impacts on cultural and natural resources,

responsiveness to visitor comments, compliance with the Contract including all of its Exhibits

and other operational performance as appropriate. The Concessioner is responsible for

developing and implementing corrective action plans to respond in a timely manner to any

operating deficiencies it identifies. Specific inspection and testing requirements are described in

later sections of this Operating Plan.

CC-LIBIO03-18 Exhibit B: Operating Plan B-5

(2) Service Concession Review Program. The Service will evaluate the Concessioner’s services to

assess and rate Concessioner performance in accordance with the NPS Concession Review

Program. The. results of the individual program evaluations are used to prepare an Annual

Overall Rating Report. These activities may be conducted by Service personnel. The Service may

request the assistance of third-party subject matter experts. The findings of such experts may be

fully incorporated in Service evaluations. The Concessioner must provide full access to

management, property, documentation, and other resources necessary for the Service to

conduct these evaluations. The Concessioner must work with Service officials to prioritize,

schedule and correct deficiencies and implement improvement programs resulting from these

activities. The Concessioner’s performance in addressing deficiencies on schedule and in a

timely manner may be a consideration in determining the Concessioner's rating.

(a) Periodic Operational Evaluations. The Service will conduct both announced and

unannounced periodic operational evaluations of services to ensure conformance to

applicable operational standards.

Annual Overall Rating. The Service will determine and provide the Concessioner by March 1 an

Annual Overall Rating Report based upon the Service evaluation for the preceding calendar

year. The Annual Overall Rating will roll up the following individual reports and include one

score and rating for the entire operating year: Administrative Compliance Report, Operational

Performance Rating Report, Public Health Program Evaluation Report, Risk Management

Program Evaluation Report, Environmental Management Program Evaluation Report, and Asset

Management Program Evaluation Report.

(a) Administrative Compliance Evaluation and Report. The Administrative Compliance Report

and rating considers the Contract compliance criteria, including timely submission of the

annual financial report, timely and accurate submission of franchise fees, timely submission

of proof of general liability, automobile, workers compensation insurance.

(b) Operational Performance Report. The Operational Performance Report and rating considers

the individual periodic operational evaluations, and weights them if necessary.

evaluation of the Concessioner’s Risk Management Program (RMP). This evaluation will

consider performance in complying with NPS risk management standards, implementing

life safety and fire safety programs, and operating in accordance with the Concessioner's

documented RMP. The results of any life or fire safety inspections conducted by the Service

will also be a component of this evaluation and a component of Periodic Operational

Evaluations.

(d) Environmental Management Program Evaluation: The Service will conduct an annual

evaluation of the Concessioner’s Environmental Management Program (EMP). The

evaluation will consider performance in complying with NPS risk management standards,

protecting natural resources, meeting environmental compliance requirements, and

operating in accordance with the Concessioner’s documented EMP. Performance in

addressing Concessioner environmental audit findings will also be a component of this

evaluation.

Other Audits or Inspections

(a) Environmental Audits. The Service may conduct environmental audits to evaluate the

operations with respect to environmental compliance and environmental Best Management

Practices in accordance with the current Service Concession Environmental Audit Program

Operating Guide. Performance in closing audit findings is considered in the annual EMP.

Evaluation.

(b) Integrated Pest Management Inspections. The Service may conduct integrated pest

management inspections of Concessioner operations which may consider issues such as

vector control and exclusion practices, pesticide application practices and others.

informational services to ensure appropriateness, accuracy, quality, and the relationship of

CC-LIBIOO3-18 Exhibit B: Operating Plan B-6

interpretive presentations to Area themes in addition to service-specific reviews that occur

during periodic evaluations.

E) Visitor Comments and Complaints

(1)

The Concessioner must investigate and respond in writing to written visitor complaints about

Concessioner services and operations. The Concessioner must answer all written complaints

within 10 days. The Concessioner must provide the Service with copies of the complaint and the

Concessioner’s response as soon as possible, but no later than five days after the Concessioner

has issued the response.

The Service will promptly forward to the Concessioner any comments or complaints the Service

received regarding the Concession services for Concessioner response.

The Concessioner must cooperate with any Service investigations into the basis of complaints.

The Concessioner must, within 24 hours of receipt, provide to the Service any visitor comments

(written or verbal) that allege misconduct by Concession or Service employees, pertain to the

safety of visitors or Concessioner or Service employees, or concern the safety of Area resources.

In order to facilitate the solicitation of visitor comments, the Concessioner must prominently

display the following notice within each tour vehicle and on the Concessioner’s website:

“This service is operated by __ , a Concessioner under contract with the U.S.

Government and administered by the National Park Service. The Concessioner is responsible for

conducting these operations in a satisfactory manner. Services and prices are approved by the

National Park Service.

Please address comments to:

Superintendent

Little Bighorn Battlefield National Monument

P.O. Box 39

Crow Agency, Montana 59022-0039

General Policies

(1)

Entrance Fees. Little Bighorn Battlefield National Monument is a designated federal recreation

area. All guided interpretive motorized tour passengers must pay the appropriate entrance fee

or show visual verification of other appropriate entrance permits upon entering the Area.

(a) Guides leading trips will identify themselves. The guide's entrance fees will be waived.

(b) Guides entering the Park for personal activities must possess proof of paying applicable

entrance fees,

External Regulatory Agencies. Any notices of violation, requests for corrective action, or any

other type of performance/non-performance notices from external regulatory agencies must be

submitted to the Service as soon as possible, but not later than 10 days after receipt by the

Concessioner. External regulatory agencies are any agencies having authority and/or jurisdiction

over any facet of the Concessioner's operations or facilities in the Area. These agencies include,

but are not limited to, Montana Department of Environmental Quality, Montana Department of

Transportation, Occupational Safety and Health Administration, Department of Labor, Helena

Montana.

Firearms and Weapons

(a) On-duty employees must not possess or use weapons or firearms while providing visitor

services with the Area. The Superintendent may grant exceptions to this prohibition upon

consideration of a written request from the Concessioner with a thorough explanation of

the basis of the request. The Superintendent will provide a written response to the

Concessioner and the Concessioner must have written approval from the Superintendent

before implementing any exceptions.

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.