(a) The director may enter into a contract with a person, firm, corporation, foundation or public agency for the operation of a commissary, restaurant, recreational facility or other establishment within the state parks and public recreational system, for a duration not to exceed ten years, but the contract may provide for an option to renew at the director’s discretion for an additional term or terms not to exceed ten years at the time of renewal: Provided, That an operational contract for the operation of Prickett’s Fort by the Prickett’s Fort Memorial Foundation, Inc., funded by an appropriation for the specific purpose of such operational contract is exempt from the provisions of article three, chapter five-a of this code. Prior to initiating of a contract for the operation of a state park lodge, cabin, campground, gift shop, golf facility, including pro shop operations, or ski facility, the director shall submit written notice of the specific location subject to the contract to the Legislature by letter to the Senate President and the Speaker of the House of Delegates.
(b) Prior to initiating a contract for a previously state-operated state park lodge, cabin, campground, gift shop, golf facility, including pro shop operations, or ski facility, the director shall conduct a public hearing to be held at a reasonable time and place within the county in which the facility is located. Notice of the time, place and purpose of the public hearing shall be provided as a Class II legal advertisement in accordance with the provisions of section two, article three, chapter fifty-nine of this code which notice shall be given at least for the first publication twenty days in advance of said hearing.
(c) Any contract entered into by the director shall provide an obligation upon the part of the operator that he or she maintain a level of performance satisfactory to the director and shall further provide that any contract may be terminated by the director in the event he or she determines that the performance is unsatisfactory and has given the operator reasonable notice of the termination.
Structure West Virginia Code
Article 5. Parks and Recreation
§20-5-1. Section of Parks and Recreation; Chief of Section; Existing Obligation; Appropriations
§20-5-2. Powers of the Director With Respect to the Section of Parks and Recreation
§20-5-3. Section of Parks and Recreation; Purpose; Powers and Duties Generally
§20-5-4. Definitions; State Parks and Recreation System
§20-5-5. Authority of Director to Issue Park Development Revenue Bonds; Grants and Gifts
§20-5-7. Investment in Notes, Bonds and Security Interests
§20-5-8. Disclaimer of Any Liability of State of West Virginia
§20-5-9. Trustee for Holders of Park Development Revenue Bonds
§20-5-10. Proceeds of Park Development Revenue Bonds, Grants and Gifts
§20-5-11. Authority of Director to Pledge Revenue From Recreational Facilities as Security
§20-5-12. Management and Control of Project
§20-5-13. Provisions of Constitution and Law Observed; What Approval Required
§20-5-14. Restaurants and Other Facilities
§20-5-17. Correlation of Projects and Services
§20-5-18. Discounts for West Virginia Residents Over the Age of Sixty-Two
§20-5-19. Discounts for West Virginia Residents Who Are Totally and Permanently Disabled
§20-5-22. Powers and Duties of the Director Relating to Oil and Gas Access Roads on State Forests