CMCA WITH ARIZONA OUTDOOR FUN.PDF

Mar icopa County
Parks and Recreation
Commercial Management Concessions Agreement
Between
Maricopa County
And
Arizona Outdoor Fun Rentals, LLC
go - // - og7 - J - &O
To Manage, Operate and Maintain a Commercial
Concession within the Maricopa County Regional
Park System
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TABLE OF CONTENTS
Cover Page 00
Table of Contents 01
Recitals 04
Agreement 04
1. General Terms 05
1.1 Scope 05
1.2 Operational Area 05
1.3 Other Concession Activities 05
2. Term and Termination 05
2.1 Effective Date 05
2.2 Contract Year 05
2.3 Term and Renewal Option 05
2.4 Ownership of Property and Equipment upon Expiration or Termination 06
2.5 Termination due to Conflict of Interest 06
2.6 Termination for Cause 06
2.7 Termination by the Parties 07
2.8 Holder Over 07
3. Accounting and Fees 07
3.1 Accounting Records 07
3.2 Fee and Revenue Reporting 07
4. Services and Performance Standards 10
4.1 Required Services 10
4.2 Optional Services 10
4.3 Restricted Services 10
4.4 Operations of Similar Concessions 10
4.5 Performance Standards 10
4.6 Operating Season 11
4.7 Emergency Evacuation 11
5. Operations, Maintenance, Improvement, Construction and Utilities 11
5.1 Operations 11
5.2 Maintenance 12
5.3 Improvements and Construction 12
5.4 Utilities 12
5.5 Condition of Property 13
5.6 Environmental Compliance 13
6. General Provisions 13
6.1 Indemnification and Insurance 13
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Table of Contents (Continued)
6.2 Default, Insolvency, Remedies 14
6.3 Assignment 16
6.4 Park Closure 16
6.5 Compliance 16
6.6 Public Access 17
6.7 Accident Reporting 17
6.8 Concession Site Occupancy 17
6.9 Advertising and Media Releases 17
6.10 Notices, Current Addresses and Points-of Contact 18
6.11 Equal Opportunity Employment Requirements 18
6.12 Immigration Reform Act of 1986 (I.R.C.A.) 18
6.13 Employer Sanctions Law 19
6.14 Verification of Employment Eligibility; E-Verify Program; Economic
Development 19
6.15 Verification Regarding Compliance with A.R.S. §§ 35-391.06 and
35-393.06, Business Relations with Sudan and Iran 20
6.16 Taxes 20
6.17 Covenants against Contingent Fees 20
6.18 Organization - Employment Disclaimer 21
6.19 Waiver 21
6.20 Agent, Employees, Contractors, Subcontractors 21
6.21 Suspension and Debarment and Executive Orders 12549 and 12689 21
6.22 Consents and Approvals 22
6.23 Further Assurances; Cooperation 22
6.24 No Third Party Beneficiaries 22
6.25 Right of Entry 22
7. Entire Agreement; Modification 23
8. Attorney Fees 23
9. Severabi I ity 23
10. Force Majeure 23
11. Authority 23
12. Legal Effect of the Agreement 24
13. Delegation of Authority 24
14. Representation and Warranties of County 24
15. Counterparts 24
16. Time is of the Essence 24
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Table of Contents (Continued)
Exhibit 1.1 — Regional Park System 26
Exhibit 3.2.1 — Fee Reporting and Payment Schedule 28
Exhibit 3.2.2 — Revenue Statement 30
Exhibit 3.2.9 — Equipment Storage Statement 32
Exhibit 4.1 —Services and Performance Standards 34
Exhibit 6.5 — Park Rules 36
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Commercial Management Concessions Agreement
Between
Maricopa County
And
Arizona Outdoor Fun Rentals, LLC
For the Management, Operation and Maintenance of a Commercial Concession within the
Maricopa County Regional Park System
This Commercial Management Concessions Agreement hereinafter referred to as
"Agreement," is entered into between Maricopa County, a political subdivision of the State of
Arizona (hereinafter referred to as "County,") and Arizona Outdoor Fun Rentals, LLC,
(hereinafter referred to as "Concessionaire"). County and Concessionaire are collectively
referred to as "Parties" or individually as a "Party."
RECITALS
WHEREAS, County is authorized to enter into this Agreement pursuant to A.R.S. §1l-
201, 11-251 and 11-933; and
WHEREAS, the Recitals by this reference shall be incorporated herein and made a part of
this Agreement; and
WHEREAS, the provisions of the Maricopa County Parks and Recreation Department Park
Rules ("Park Rules") are hereby incorporated herein and made a part of this Agreement; and
WHEREAS, pursuant to the Land Patents or management rights, the County is authorized
to enter into direct agreements with Concessionaire to manage, operate and maintain a
commercial concession within the Maricopa County Regional Park System ("System); and
WHEREAS, the County believes the public interest can best be served by contract
operation of the Concession lying within the areas known as the Maricopa County Regional
Park System; and
WHEREAS, the Parties agree the intent of this Agreement is solely for the operation,
management and maintenance of the Concession described within this Agreement and is not
intended to convey any interests in any property rights.
AGREEMENT
NOW THEREFORE, in consideration of the mutual representations, warranties, covenants
and agreements hereinafter contained, the County and the Concessionaire agree as follows:
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1. General Terms.
1.1 Scope
The County hereby grants the Concessionaire the right to manage, operate, and
maintain an Outdoor Adventure Fun Rental Concession ("Concession") within the Park
System, subject to the terms of this Agreement. For purposes of this Agreement, the
Park System consists of: Lake Pleasant Regional Park which is inclusive of the waters
known as Lake Pleasant. (See Exhibit 1.1 — Regional Park System) Proposed
changes or modification to the Concession as stated in this Agreement will be
concurred with by the County in writing.
1.2 Operational Area.
The Lake Pleasant Regional Park Supervisor will coordinate with the Concessionaire
as to the area of the Park where the Concession will be operated from. Site selection
will consider: required utilities, facilities needed to support operations; the nature of the
operations and other factors deemed important by the Park Supervisor; however, will
be focused on operating from the vicinity of the 10-Lane Boat Ramp.
1.3 Other Concession Activities.
The Concessionaire shall be restricted to Concession activities as stated in this
Agreement.
2. Term and Termination.
2.1 Effective Date.
The effective date of this Agreement will be the date executed by the Maricopa
County Board of Supervisors (the "Effective Date").
2.2 Contract Year.
Contract Year 1 of this Agreement will be from the Effective Date through December
31, 2012. Subsequent Contract Years will be from January 1s t through December
31st.
2.3 Term and Renewal Option.
The term for this Agreement will be for a period of approximately one (1) year
(Effective Date — December 31, 2012 (the "Term") with ten (10) one (1) - year
renewal options ("Renewal Options"). If the Concessionaire desires to exercise the
Renewal Options, the Concessionaire shall provide written notice to the County on or
before October 1 st of the ending Contract Year. Approval of the Renewal Option shall
be at the sole discretion of the County and the Parties hereby agree that the County
shall not be liable to the Concessionaire or any of its officers, employees, agents or
contractors at law or in equity for not approving the Renewal Option. If
Concessionaire exercises the Renewal Option and it is accepted by the County, this
Agreement shall continue in force for an additional period of one (1) year
commencing on January 1st of the new Contract Year with an expiration of December
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31 st of the respective Contract Year unless otherwise stated in the Renewal Option.
All terms and provisions of this Agreement shall remain in full force and effect
throughout the renewal term unless otherwise stated as part of the renewal
agreement. The County may execute multiple renewal options if determined by the
Director, Maricopa County Parks and Recreation Department, through the Maricopa
County Board of Supervisors, to be in the best interest of the County. If the
Concessionaire fails to exercise the Renewal Option, the Term shall expire on
December 31 st of the respective Contract Year.
2.4 Ownership of Property and Equipment upon Expiration or Termination.
2.4.1 Upon expiration, or termination, all property and equipment brought on to
the Concession Site by the Concessionaire in support of the Concession
will be removed from the Site within a period of forty eight (48) hours and
the site cleaned of all garbage and debris and restored to a condition
acceptable to the respective Park Supervisor unless otherwise authorized,
in writing, by said Park Supervisor. Any property or equipment of the
Concessionaire not removed within the forty eight (48) hour period shall be
deemed to have been abandoned by the Concessionaire and the County
may use it or dispose of such property or equipment in any fashion it may
deem desirable. The Concessionaire shall be solely responsible for paying
any and all reasonable costs incurred by the County to remove any
property, equipment, garbage or debris required to have been removed by
the Concessionaire hereunder in which the Concessionaire failed to remove
within the time herein described.
2.4.2 The Concessionaire will be required to restore any modifications to existing
park utilities, buildings, roads, parking lots and other infrastructure to its
original condition upon occupation of the Site within forty eight (48) hours of
event completion, or expiration or termination of the Agreement unless
otherwise agreed to, in writing, by the Park Supervisor. Any restoration not
completed within forty eight (48) hours of event completion or expiration or
termination of the Agreement shall permit the County to complete the
required actions. The Concessionaire shall be solely responsible for paying
any and all reasonable costs incurred by the County.
2.5 Termination due to Conflict of Interest.
The Parties acknowledge that this Agreement is subject to cancellation pursuant to
the provisions of A.R.S. §38-511.
2.6 Termination for Cause.
This Agreement may be terminated in whole or in part, at any time, by the County,
upon sixty (60) days prior notice to the Concessionaire without any penalty or liability
to the County. The Concessionaire and its employees, agents, officers, directors,
members, successors, or assigns hereby waive any and all rights to bring any claim
against the County or its employees, agents, officers, directors, members,
successors or assigns from or relating in any way to the County's termination of this
Agreement pursuant to this Section 2.6. Representative reasons for "cause"
include, but are not limited to:
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2.6.1 New requirements make a continuation of the Agreement infeasible, i.e.
licensing or permitting requirements.
2.6.2 New Park operational or recreational requirements make a continuation of
the Agreement infeasible.
2.6.3 Unsatisfactory performance on the part of the Concessionaire or failure to
comply with the provisions of this Agreement.
2.7 Termination by the Parties.
This Agreement may be terminated without cause with mutual agreement of both
Parties. The Party requesting the termination must submit its request, in writing, a
minimum of thirty (30) days in advance of the requested termination date. Said
request for termination will be sent to the intended other Party by U.S. Postal
Service, certified, return receipt requested. Delivery will not be complete until the
U.S. Postal Service has notified the sender the request as been delivered to the
other Party.
2.8 Holder Over.
Should the Concessionaire, with the consent of the County, continue to provide the
services described herein after the expiration of the Term, without having entered
into a subsequent Agreement of like nature and content to this Agreement, such
continued service shall be deemed a holder over of the licensed facility on a month-
to-month basis, with all of the terms and conditions of this Agreement to continue in
full force and effect for a period not to exceed three (3) months.
3. Accounting and Fees.
3.1 Accounting Records.
The Concessionaire will maintain an accounting system which conforms to the
Generally Accepted Accounting Principles (GAAP) and which accurately reflects the
results of the entire operation of the Concession. These financial records will be
retained for a seven (7) year period from the current Contract Year. These financial
records will be made available for inspection or audit by county, federal, or state
government, their agents or employees once per Contract Year.
3.2 Fee and Revenue Reporting.
3.2.1 Administrative Fees and Additional Fees.
During the term of this Agreement, the Concessionaire will pay the County
fees as outlined in Exhibit 3.2.1 — Fee Reporting and Payment Schedule.
3.2.2 Revenue Statement.
A Revenue Statement, used to report gross revenue collected by the
Concessionaire during the reporting period, will accompany the Concession
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Fee payment. (See Exhibit 3.2.1 — Fee Reporting and Payment
Schedule and Exhibit 3.2.2 — Revenue Statement) The Revenue
Statement, listed as part of this Agreement, may be modified if mutually
agreed to by the County and the Concessionaire.
3.2.3 Maricopa County Parks and Recreation Department will receive monies for
the Administrative Fee prior to submission of the Agreement to the
Maricopa County Board of Supervisors for execution. If for some reason
the Agreement is not executed by the Board of Supervisors, the
Administrative Fee will be refunded back to the Concessionaire. If the
Agreement is not executed for reasons controlled by the Concessionaire,
i.e. failure to provide required documents, the Administrative Fee is non-
refundable.
3.2.4 All users and visitors of the Concession Site, other than Concessionaire
Staff, will be required to pay the established Park Entrance Fee upon entry
into the Park. The Concessionaire staff will not be required to pay the Park
Entrance Fee if entering the Park for work-related duties. The
Concessionaire will provide the Park Supervisor a list of employees to verify
employment. If entering the Park on occasions other than for work-related
duties, the staff member(s) will be required to pay the established Park
Entrance Fee.
3.2.5 Fee payment will be made out to Maricopa County Parks and Recreation
Department. *Do not send fee payment or reports directly to the Park.
3.2.6 Fee payment and reports will be mailed to:
Maricopa County Parks and Recreation Department
Attn: Accounts Receivable
234 N. Central Avenue, Suite 6400
Phoenix, AZ 85004
3.2.7 Utility Payment.
The Park Supervisor will determine the fee for electricity based on the fee
paid for the same period the year before. The Park Supervisor will then
determine the amount to be charged to the Concessionaire; notify the
Department's Contract Administrator; and the Department's Contract
Administrator will invoice the Concessionaire for the amount due. The Due
Date for utility payments is the Due Date stated on the invoice. Payment will
be made to the Maricopa County Parks and Recreation Department and
mailed to the address stated in Section 3.2.6. Should the County's Due
Date fall on a Saturday, Sunday or legal holiday, then said Due Date shall
be at the close of business on the first day thereafter which is not a
Saturday, Sunday or holiday.
3.2.8 Structure "License to Use" Fee Payment.
The Concessionaire is charged a minimum License to Use Fee of $150.00
per month year-round, while the Agreement is effective, for the structure
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known as the "Tiki Hut" located at 40751 North Waterline Way, Peoria, AZ
85382. The address provided is for reference only and will not accept mail
delivery or other delivery services. The Department's Contract
Administrator will not invoice the Concessionaire for the amount due. The
Due Date for the structure license to use fee payments is not later than the
20th of the month following, i.e. license to use fee payments for March will
be due not later than April 20 th. Payment will be made to the Maricopa
County Parks and Recreation Department and mailed to the address stated
in Section 3.2.6. Should the County's Due Date fall on a Saturday, Sunday
or legal holiday, then said Due Date shall be at the close of business on the
first day thereafter which is not a Saturday, Sunday or holiday.
3.2.9 Trailer and Equipment Rental Storage Payment.
The Concessionaire is charged a flat rental fee of $12.50 per week,
throughout the Contract Year, for trailers or equipment to be stored within
Lake Pleasant Regional Park used in support of the Concession. Storage
locations will be as stated by the Park Supervisor. The Concessionaire will
report trailers and equipment stored as outlined in Exhibit 3.2.9 -
Equipment Storage Statement to the Department's Contract Administrator
not later than the 20 th of each month following. The Department's Contract
Administrator will invoice the Concessionaire based on the reported
quantity as verified by the Park Supervisor. The Due Date for trailer and
equipment storage payments is the Due Date stated on the invoice.
Payment will be made to the Maricopa County Parks and Recreation
Department and mailed to the address stated in Section 3.2.6. Should the
County's Due Date fall on a Saturday, Sunday or legal holiday, then said
Due Date shall be at the close of business on the first day thereafter which
is not a Saturday, Sunday or holiday. The Concessionaire will not have
exclusive use of trailer and equipment storage areas.
3.2.10 Late Payment Fee.
A Late Payment Fee shall be ten percent (10%) of the invoiced amount or
amount due. Invoiced late fees are due the County within twenty (20) days
of the date of the invoice. Should the County's Due Date fall on a Saturday,
Sunday or legal holiday, then said Due Date shall be at the close of
business on the first day thereafter which is not a Saturday, Sunday or
holiday.
3.2.11 Failure to pay required fees shall be considered a breach of this
Agreement. In the event of litigation to enforce this provision (collection or
default), the County is entitled to recover its attorney's fees and costs in
such proceedings.
3.2.12 County has the right to audit payment records received for timeliness and
accuracy a minimum of once per Contract Year. Any fees determined to be
due County will be invoiced to the Concessionaire with payment due within
twenty (20) days. Should the Due Date fall on a Saturday, Sunday or legal
holiday, then said Due Date shall be at the close of business on the first
day thereafter which is not a Saturday, Sunday or legal holiday.
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4. Services and Performance Standards.
4.1 Required Services.
The Concessionaire is required to provide the services listed in Exhibit 4.1 -
Services and Facilities under the section titled "Required Services" unless
precluded from doing so by permitting restrictions or by events of Force Majeure
(defined in Section 10). Changes from Exhibit 4.1 — Required Services, as
published, shall require prior written approval of the County
4.2 Optional Services.
The Concessionaire has the option to provide the services listed in Exhibit 4.1 -
Services and Facilities under the section titled "Optional Services". If the
Concessionaire desires to implement any of the optional services, the
implementation must be approved by the County in writing. The Concessionaire is
authorized to modify the list of optional services based upon such factors as user
surveys or market conditions; however changes shall not be implemented until
approved by the County in writing.
4.3 Restricted Services.
The Concessionaire is restricted from providing the services listed in Exhibit 4.1 -
Services and Facilities under the section titled "Restricted Services". These
services will not be provided by the Concessionaire unless approved by the County
in writing. The County is authorized to modify the list of restricted services based
upon such factors as user surveys or market conditions; however changes shall not
be implemented until agreed to by the Concessionaire in writing.
4.4 Operation of Similar Concessions.
4.4.1 The County may operate or permit the operation of similar concessions that
offer "like" services throughout the Parks System. At the option of the
County, similar concessions may be operating during the same period.
4.4.2 The County does not guarantee the Concessionaire any minimum number
of events or revenue throughout the Contract Year.
4.5 Performance Standards.
The Concessionaire shall furnish services as stated in this Agreement in a diligent,
professional and creditable manner satisfactory to the County in compliance with all
applicable statutes, laws, ordinances, rules and regulations. Evaluations will be
made by the respective Park Supervisor of the quality of operation of the
Concession; the Contract Administrator for Maricopa County Parks and Recreation
Department is responsible for audits, a minimum of one time per Contract Year, of
the Agreement to ensure compliance with all terms of this Agreement and if areas
are determined to be deficient, these areas will be identified to the Concessionaire
for correction. The Concessionaire shall give full cooperation to the County in this
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evaluation process. Failure to correct deficiencies will result in default on the part of
the Contractor of which Section 6.2 will apply.
4.6 Operating Season.
The intent is that the Operating Season will be three hundred sixty five (365) days
per year, seven (7) days per week in support of scheduled events or as agreed upon
between Parties.
4.7 Emergency Evacuation.
The Concessionaire will be required to take direction from the Park Supervisor in
event of emergency evacuation. In event of evacuation, items needed to support the
Concession may be directed to remain on-site; County will not be liable for any loss
or damage incurred.
5. Operations, Maintenance, Improvements, Construction and Utilities.
5.1 Operations.
5.1.1 The Concessionaire is allowed full access to the waters of Lake Pleasant
areas open to public recreation. The Concessionaire is responsible for
ensuring that all participants follow the rules and regulations pertaining to
the Lake and an area within known as the lower Aqua Fria River arm, which
has a closure normally during the period December 15 th to June 15th for the
Eagle Closure (dates may vary each year). Buoys will normally be placed
on the waterway to identify the closure. Any participant of the
Concessionaire who violates these rules and regulations will be removed
from the Park immediately. Continued violations by participants of the
Concessionaire will be considered a default of the Agreement.
5.1.2 Operation of All-Terrain Vehicles ("ATV's") or the equivalent thereof will not
be operated on or off the roadways within Lake Pleasant Regional Park
unless otherwise authorized by the Park Supervisor in writing. Until
authorized within the boundaries of Lake Pleasant Regional Park, off-road
travel is authorized only in areas designated for such recreational use and
must be trailered to the area of use.
5.1.3 The Concessionaire is responsible for all operational costs associated with
the Concession which is inclusive of, but not limited to, licensing, permits,
operating expenses, taxes, insurance, fuel and storage
5.1.4 The Concessionaire shall provide, at its own expense, all equipment,
furnishings and supplies necessary to fulfill its obligations under the terms
and conditions of this Agreement.
5.1.5 County is not responsible for the providing of any security of the
Concession Site or any other site locations for storage of trailers and
equipment as agreed upon between the Park Supervisor and the
Concessionaire or liable for any damage or loss of trailers or equipment.
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5.2 Maintenance.
5.2.1 The Concessionaire is responsible for all maintenance costs associated
with the Concession which is inclusive of maintenance required of the
storage facility and facility used by the Concessionaire referred to as the
"Tiki Hut" located at 40751 North Waterline Way, Peoria, AZ 85382.
Concessionaire agrees, throughout the term of this Agreement, to maintain
the facilities to standards determined by the Park Supervisor and that the
facilities will be returned for Park use at the end of the Agreement in a
condition equal to or better than what was on the Effective Date.
5.2.2 The Concessionaire agrees to maintain the Concession and Concession
Site so that there is a neat, presentable appearance at all times.
5.2.3 The County is responsible for all infrastructure repair or maintenance
unless Concessionaire's actions are determined to be negligent in the
causing of required repair or maintenance.
5.3 Improvements and Construction.
No site improvements or construction will be completed by the Concessionaire that
will be permanent in nature or that will require formal planning and permitting.
Temporary structures, i.e. shade structures, tables, port-a-johns, etc. will require the
approval of the respective Park Supervisor and will be removed upon vacating the
Concession Site.
5.4 Utilities.
5.4.1 The County will permit the Concessionaire access to water and electricity
currently located at the Concession Site. Payment of electricity will be as
outlined in Exhibit 31.1 — Fee Reporting and Payment Schedule;
water will be provided at no cost to the Concessionaire unless, in the
opinion of the Park Supervisor, an excessive amount of water is being
used at which time, the Concessionaire will be invoiced by County at a
rate equivalent to the rate charged by the City of Peoria. County will not
make special provisions for providing water or electricity or other utilities
beyond what is currently available at the area known as the 10-Lane Boat
Ramp.
5.4.2 The County agrees to allow the Concessionaire use of restroom facilities
located in support of the area known as the "10-Lane Boat Ramp".
Additional facilities required by the Concessionaire are the responsibility
of the Concessionaire. The Concessionaire would be responsible for
coordination of placement of additional facilities with the Park Supervisor
and is responsible for all costs associated with studies, permits, planning,
development, etc. pertaining to the additional restroom facilities.
5.4.3 The Concessionaire is responsible for the providing and maintaining of
telecommunication lines, fax lines or any other communication support.
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5.5 Condition of Property.
The Concessionaire agrees to accept the property on which the Concession will be
operated in its condition as of the date of occupation, "as is". The County does not
imply or provide any warranty with respect to the physical aspects of the Concession
Site except as set forth herein. "Date of Occupation" is defined as the day the
Concessionaire physically occupies the Concession Site. County reserves the right
to change the location on which the Concessionaire will conduct its operations during
the term of the Agreement.
5.6 Environmental Compliance.
5.6.1 The Concessionaire will be responsible for ensuring compliance with the
Maricopa County air, water and waste control regulations as well as any
other applicable federal, state and local statutes, regulations and
ordinances as they pertain to environmental protection for their areas of
responsibility within the Concession.
5.6.2 Management and proper disposal of all hazardous material is the
responsibility of the Concessionaire. The Concessionaire must keep
appropriate and required documentation relating to the management and
disposal of all hazardous material.
5.6.3 The Concessionaire will report to the County within twenty four (24) hours
of knowledge of any event or occurrence at the Concession Site which may
or does result in pollution or contamination affecting lands, water or facilities
owned or managed by the County.
5.6.4 The Concessionaire shall protect, defend, indemnify and hold harmless the
County from and against any and all liabilities, costs, charges and
expenses, including civil or criminal penalties, arising out of, or related to,
an activity involving or use of a regulated substance under any applicable
federal, state, or local environmental laws, regulations, ordinances or
amendments thereto because of:
A. Any such substance that came to be located on the Concession Site
due to the Concessionaire's use or occupancy of the Concession Site
after occupation of the Concession Site in support of an event; or
B. Any release, threatened release or escape of any substance in, on,
under or from the Concession Site to the extent that it is caused by any
willful conduct, action or negligence of the Concessionaire.
6. General Provisions.
6.1 Indemnification and Insurance.
6.1.1 Indemnification.
The Concessionaire agrees to indemnify and hold harmless the County,
its departments, agencies, officers and employees, from and against any
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and all claims, demands, actions, judgments, settlements, liens,
penalties, damages, losses , injuries, costs and expenses, including
reasonable attorney's fees, arising out of or in any way caused by or
related to any activity, condition or event arising out of the performance or
non-performance of the provisions of this Agreement, except to the extent
caused by the gross negligence or willful misconduct of the County or any
of its departments, agencies, officers, employees or agents.
6.1.2 Insurance.
The Concessionaire shall maintain the following insurance coverage:
A. Public liability insurance, including bodily injury/property damage,
auto liability, Concession Site liability, products and completed
operations liability, bailee legal liability and contractual liability,
providing limits of no less than one million dollars ($1,000,000) per
claim and three million dollars ($3,000,000) aggregate limits, or
evidence of self-insurance acceptable to the County, for injuries or
damage received or sustained by any person(s), or property at the
Concession. The insurance policy must include coverage for
environmental clean-up unless documentation is provided by the
Concessionaire that this is not available or feasible.
B. The Concessionaire is required to carry Worker's Compensation
within statutory limits.
6.1.3 Additional Requirements.
The County will be named as "additional insured" under all policies of
insurance with the exception of Worker's Compensation policy. Copies of
all insurance policies or certificates thereof will be made available to the
County upon request. Copies of the Certificate of Insurance (C01) will be
furnished annually to the County. The County will be given thirty (30) days
advance written notice of cancellation of a policy, non-renewal, or change
in coverage or limits.
6.1.4 Concessionaire Property Losses.
The Concessionaire assumes all risk of loss and shall be responsible for
any and all losses to the Concessionaire's property and all
Concessionaire improvements within the Concession Site. Loss to the
property may result from, but is not limited to, theft, vandalism, fire and
any fire-fighting activities (including prescribed burns), landslides, rising
waters, winds, falling limbs or trees and acts of God.
6.2 Default, Insolvency, Remedies.
6.2.1 Default by Concessionaire.
It shall be a default and breach of this Agreement if any of the following
shall occur at any time during the Term:
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A. Concessionaire shall fail to make payment of any monetary sums
specified to be paid by Concessionaire under this Agreement on
or before the date the same shall become due, and such failure
shall be continued for a period of twenty (20) days after notice of
such default is given to Concessionaire.
B. Concessionaire shall fail to observe or perform any of
Concessionaire's other covenants, agreements or obligations
hereunder, and such failure shall continue for a period of thirty
(30) days after notice of such default is given to Concessionaire,
provided, however, that if such default is of a nature that it cannot
reasonably be cured within said thirty (30) days, then the cure
period may be extended by mutual agreement by the Parties, in
writing, for such longer time as may be reasonably necessary, so
long as Concessionaire commences to cure failure within said
thirty (30)-day period, in good faith and with due diligence, and
thereafter diligently and continuously pursues the same to
completion; or
C. If (i) a petition to have Concessionaire adjudicate a bankrupt or
other proceeding under any Federal or State law relating to
bankruptcy, bankruptcy reorganization, insolvency or relief of
debtors is filed or instituted by Concessionaire or is filed or
instituted against Concessionaire, debtor, and not be dismissed
within ninety (90) days from the date of such filing or institution, or
Concessionaire fails to notify the County of any such filing within
twenty (20) days of the filing date of the petition, or (ii) a receiver,
guardian, conservator, trustee or assignee, or any other similar
officer or person shall be appointed to take charge of all of the
property of Concessionaire, and such appointment is not vacated
within ninety (90) days after the date of filing, or (iii)
Concessionaire shall make any general assignment for the benefit
of creditors, or (iv) all of Concessionaire's assets located at the
Concession Site or interest in the Concession is subjected to
attachment, execution or other judicial seizure.
6.2.2 County's Remedies on Default.
Upon default hereunder by Concessionaire, the County shall be entitled
to exercise the following remedies:
A. The County may, at the election of the County, terminate this
Agreement by giving Concessionaire notice of termination. On the
giving of the notice of termination, all of Concessionaire's rights in
the Concession and under this Agreement shall terminate.
Promptly after notice of termination, Concessionaire shall
surrender and vacate the Concession Site, and County may re-
enter and take possession of the Concession and eject all parties
in possession, or eject some and not others, or eject none.
Termination under this Section shall not relieve Concessionaire
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from the payment of any sums then due to County or from any
claim for damages previously accrued or then accruing against
Concessionaire. If the Agreement is terminated in accordance
with these provisions, Concessionaire hereby covenants to
peaceably and quietly surrender the Concession to the County
and to execute and deliver to the County such instruments as
shall be required by the County, as will properly evidence
termination of Concessionaire's rights hereunder and its interest
herein.
B. The County may sue for specific performance and/or exercise any
other remedy available to the County at law or in equity.
6.2.3 Concessionaire's Remedies.
The County shall be in default under this Agreement if the County fails to
perform any of its obligations hereunder and such failure to perform
continues for a period of thirty (30) days after written notice thereof from
the Concessionaire to the County (unless such failure cannot reasonably
be cured within thirty (30) days, in which event the County shall have
commenced to cure said breach or failure within said thirty (30) day
period and shall diligently pursue cure of the failure or breach to
completion to avoid being in default). Should the County be in default
pursuant to the terms of this Section 6.2.3, the Concessionaire may
terminate this Agreement with ninety (90) days written notice to the
County.
6.3 Assignment.
The Concessionaire may not assign or subcontract any of the Concessionaire's
rights or interests in the Agreement.
6.4 Park Closure.
The County reserves the right to close any area of the Park, including the area in
which the Concession is located, when deemed necessary for public safety and
health purposes without any liability to the County for any compensation to the
Concessionaire for losses, including, but not limited to, lost income, wages or other
compensation which may be claimed by the Concessionaire. The County may
establish limits of visitation at any portion of the Concession Site, based on public
health and safety, availability of parking spaces, or any other reason deemed by the
County to be in the public interest, in the judgment of the County, without any liability
to County for any compensation to the Concessionaire for losses, including, but not
limited to, lost income, wages or other compensation which may be claimed by the
Concessionaire.
6.5 Compliance.
The Concessionaire hereby agrees and shall comply with all applicable federal,
state, county and city statutes, laws, ordinances, rules, regulations and instructions,
including Maricopa County Parks and Recreation Department's rules and regulations
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(attached as Exhibit 6.5 — Park Rules), in effect now or as may be amended or
added, which apply to the development, management, operation and maintenance of
the Concession and to keep fully informed of, and in compliance with, any changes
or revisions thereto. The Concessionaire shall also pay all taxes, assessments, fees
and other expenses of any nature associated with the Concession.
6.6 Public Access.
6.6.1 The Concessionaire may restrict public access within the Concession
during hours of operation and non-operation for reasons of security or
health and safety.
6.6.2 The Concession will be open to the public. No person shall be denied
use of the Concession because of race, sex, age, handicap, disability,
color, religion, sexual orientation or national origin. Concessionaire
reserves the right to deny any person use of those portions of the
Concession when it reasonably believes that such use poses a direct
threat to the health or safety of others.
6.7 Accident Reporting.
The Concessionaire will immediately report to the County any event which results in
death or injury medical transport or requiring medical attention. Reporting will be to
the Park Supervisor or the Regional Superintendent in the Supervisor's absence. In
event an unsafe operation of the Concession is noted by the Park Supervisor or park
staff, operation will immediately be suspended until the risk or threat has been
resolved to the reasonable satisfaction of the Park Supervisor or park staff. Such
suspension will be without liability to the County for any compensation to the
Concessionaire for losses, including, but not limited to, lost income, wages or other
compensation which may be claimed by the Concessionaire.
6.8 Concession Site Occupancy.
No equipment or property will be stored outside of the Concession Site or sites not
authorized by the Park Supervisor.
6.9 Advertising and Media Releases.
6.9.1 Advertisements, signs, circulars, brochures, letterheads and other media
or materials shall not misrepresent in any way the accommodations or
services provided as pertains to this Agreement.
6.9.2 Signs or other advertising posted on County land outside the Concession
will be subject to County and any other applicable administrative agency
approval as to location, design, size, color and content prior to
construction or use. All such signs will comply with all applicable statutes,
laws, ordinances, rules and regulations.
6.9.3 The Concessionaire is authorized to accept advertising from vendors not
located ("Outside Vendors") at the Park that desire to advertise their
respective business to visitors of the Concession.
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6.9.4 The Concessionaire is authorized to assess a fee for advertising
requested by outside vendors. Advertising revenue generated will be
reported as Gross Revenue.
6.9.5 Major Media Releases.
Concessionaire will coordinate media releases with County prior to
release. Parks' PIO will receive a copy of all press releases and media
distribution.
6.10 Notices, Current Addresses and Points-of-Contact.
All notices required or permitted under this Agreement shall be in writing and given
by United States Post Office certified mail, return receipt requested, to each Party's
following address, or to such other address as either Party may notify the other in
writing. Any such notice shall be considered served when communication is
received and signed for or delivery is refused.
For the County: Maricopa County Parks & Recreation Department
Attn: Contract Administrator
234 N. Central Avenue, Suite 6400
Phoenix, AZ 85004
For the Concessionaire: Arizona Outdoor Fun Rentals, LLC
Attn: Joe Haldiman IV
1031 E. Riverview Drive
Phoenix, AZ 85034
Telephone: 602-400-2445
E-Mail: joe@arizonaoutdoorfun.com
Notifications required to be made to the respective Park Supervisor will be made
telephonically to the phone numbers listed in Exhibit 1. 1 — Regional Park System.
6.11 Equal Opportunity Employment Requirements.
The Concessionaire shall not discriminate against any employee or applicant for
employment because of race, age, handicap, disability, color, religion, sex, sexual
orientation or national origin. The Concessionaire shall comply with Title VI and Title
VII of the Federal Civil Rights Act; the Federal Rehabilitation Act; the Age
Discrimination in Employment Act; the Americans with Disabilities Act of 1990,
A.R.S. §41-1461 et. seq., A.R.S. §41-1492 et. seq., 29 U.S.C. §721 (Section 504),
and Arizona Executive Order 75-5 which mandates that all persons shall have equal
access to employment opportunities.
6.12 Immigration Reform and Control Act of 1986 (I.R.C.A.).
The Concessionaire understands and acknowledges the applicability of the I.R.C.A.
The Concessionaire agrees to comply with the I.R.C.A. and Arizona statutes, in the
performance of this Agreement and, upon request, permit the County to inspect
personnel records to verify such compliance.
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6.13 Employer Sanctions Law.
The Concessionaire warrants that it is in compliance with A.R. S. § 41-4401 and
further acknowledges:
6.13.1 That the Concessionaire and its subcontractors, if any, warrant their
compliance with all federal immigration laws and regulations that relate to
their employees and their compliance with A.R.S. §23-214, Subsection A;
6.13.2 That a breach of a warranty under Subsection A above, shall be deemed
a material breach of the Agreement that is subject to penalties up to and
including termination of the Agreement;
6.13.3 That the contracting government entity retains the legal right to inspect
the papers of any Contractor or subcontractor employee who works on
the Agreement to ensure that the Contractor or subcontractor is
complying with the warranty provided under Subsection A above and that
the Contractor agrees to make all papers and employment records of said
employee(s) available during normal working hours in order to facilitate
such an inspection;
6.13.4 That nothing herein shall make any Contractor or subcontractor an agent
or employee of the contracting government entity.
6.14 Verification of Employment eligibility; e-verify program; economic development
incentives; lost of registered employers (A.R.S. §§ 41-4401 and 23-214(A)).
6.14.1 After December 31, 2007, every employer, after hiring an employee, shall
verify the employment eligibility of the employee through the e-verify
program and shall keep a record of the verification for the duration of the
employee's employment or at least three (3) years, whichever is longer.
6.14.2 In addition to any other requirement for an employer to receive an
economic development incentive from a government entity, the employer
shall register with and participate in the e-verify program. Before
receiving the economic development incentive, the employer shall provide
proof to the government entity that the employer is registered with and is
participating in the e-verify program. If the government entity determines
that the employer is not complying with this subsection, the government
entity shall notify the employer by certified mail of the government entity's
determination of noncompliance and the employer's right to appeal the
determination. On a final determination of noncompliance, the employer
shall repay all monies received as an economic development incentive to
the government entity within thirty (30) days of the final determination.
For the purposes of this subsection:
A. "Economic development incentive" means any grant, loan or
performance-based incentive from any government entity that is
awarded after September 30, 2008. Economic development
incentive doses not include any tax provision under title 42 or 43.
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B. "Government entity" means this state and any political subdivision
of this state that receives and uses tax revenues.
6.14.3 Every three (3) months the attorney general shall request from the United
States department of homeland security a list of employers from this state
that are registered with the e-verify program. On receipt of the list of
employers, the attorney general shall make the list available on the
attorney general's website.
6.15 Verification Regarding Compliance with A.R.S. §§ 35-391.06 and 35-393.06,
Business Relations with Sudan and Iran.
6.15.1 By entering into the Agreement, the Concessionaire certifies it does not
have scrutinized business operations in Sudan or Iran. The
Concessionaire shall obtain statements from its subcontractors certifying
compliance and shall furnish the statements to the Procurement Officer
upon request. These warranties shall remain in effect through the term of
the Contract.
6.15.2 The County may request verification of compliance for any Contractor or
subcontractor performing work under the Agreement. Should the County
suspect or find that the Contractor or any of its subcontractors are not in
compliance, the County may pursue any and all remedies allowed by law,
including, but not limited to: suspension of work; termination of the
Agreement for default; and suspension and/or debarment of the
Contractor. All costs necessary to verify compliance are the responsibility
of the Contractor.
6.16 Taxes.
6.16.1 The Concessionaire shall pay taxes of whatever character which may be
levied or charged upon:
A. The Concessionaire's rights under this Agreement; or
B. Upon the Concessionaire's furniture, equipment or other property;
or
C. Upon the Concessionaire's operations under this Agreement.
6.16.2 No leasehold or other real property interest is being created or conveyed
upon which tax consequences may exist.
6.17 Covenants against Contingent Fees.
The Concessionaire warrants that no person or selling agency has been employed or
retained to solicit or secure this Agreement upon an agreement or understanding for
a commission, percentage, brokerage, or contingency fee, excepting bona fide
employees or bona fide established commercial or selling agencies maintained by
the Concessionaire for the purpose of securing business. For breach or violation of
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this warranty, County shall have the right, as its exclusive remedy, to recover the full
amount of such commission, percentage, brokerage or contingency fee.
6.18 Organization — Employment Disclaimer.
6.18.1 The Agreement is not intended to constitute, create, give to, or otherwise
recognize a joint venture agreement or partnership or formal business
organization of any kind between the County and the Concessionaire and
the rights and obligations of the Parties shall be only those expressly set
forth in this Agreement.
6.18.2 The Parties agree that no persons supplied by the Concessionaire in the
performance of obligations under the Agreement are considered to be the
County's employees and that no rights of the County's civil service,
retirement, or personnel rules apply to such persons.
6.18.3 The Concessionaire shall have total responsibility for determining
employee eligibility, all salaries, wages, insurance or any type, bonuses,
retirement withholdings, worker's compensation, other employee benefits
and all taxes and premiums appurtenant thereto concerning such persons
and shall save and hold the County harmless with respect thereto.
6.19 Waiver.
The waiver by either Party of any breach of any one or more of the covenants,
conditions or provisions of this Agreement shall not be construed to be a waiver of
any subsequent or other breach of said covenants, conditions or provisions of this
Agreement. Any failure on the part of either Party to require or exact full and
complete compliance with any of the covenants, conditions or provisions of the
agreement shall not be construed to, in any manner, change the terms hereof or
preclude such Party from enforcing the full provisions of this Agreement.
6.20 Agent, Employees, Contractors, Subcontractors.
The Concessionaire will ensure full compliance with all applicable terms and
conditions of this Agreement by its agents, employees and contractors (including
sub-contractors of any tier) and their respective employees. Failure or refusal of the
Concessionaire or its agents, employees, contractors, sub-contractors or their
employees to comply with these terms and conditions will be deemed a breach of
this Agreement.
6.21 Suspension and Debarment and Executive Orders 12549 and 12689.
6.21.1 The March 2004 OMB Circular A-133 Compliance Supplement pertaining
to the U.S.C. Code has been changed. Before November 26, 2003,
contractors receiving individual awards for one hundred thousand dollars
($100,000) or more and all sub-recipients have to certify that the
organization and its principals were not suspended or debarred. As of
November 26, 2003, when the County enters into a covered transaction
with an entity (contracts for goods and services expected to equal or
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exceed twenty five thousand dollars ($25,000) and sub-awards to sub-
recipients), the Federal Entities are prohibited from contracting with or
making sub-awards under covered transactions to Parties that are
suspended or debarred or whose principals are suspended or debarred.
6.21.2 Effective November 26, 2003, when a Non-Federal Entity (the County)
enters into a covered transaction with an Entity at a lower tier, the Non-
Federal Entity (the County) must receive verification that the Entity is not
suspended or debarred or otherwise excluded. As such, each prospective
concessionaire must submit a certification (e.g. certified letter) within sixty
(60) days of award that it is not currently under such suspension or
debarment. Requirements for suspension and debarment are contained
in the Federal codification of the government-wide non-procurement
debarment and suspension common rule, which implements Executive
Orders 12549 and 12689, Debarment and Suspension.
6.22 Consents and Approvals.
The Parties agree to act in good faith and with fair dealing with one another in the
execution, performance and implementation of the terms and provisions of this
Agreement. Whenever the consent, approval or other action of a Party is required
under any provision of this Agreement, such consent, approval or other action shall
not be unreasonably withheld, delayed or conditioned by a Party unless the provision
in question expressly authorizes such Party to withhold or deny consent or approval
or decline to take action in accordance with a different standard, in which case the
consent or approval or the decision to not take action may be withheld, delayed or
conditioned in accordance with the different standard.
6.23 Further Assurances; Cooperation.
Each of the Parties hereto shall execute and provide all additional documents and
other assurances that are reasonably necessary to carry out and give effect to the
intent of the Parties reflected in this Agreement.
6.24 No Third Party Beneficiaries.
Except as may be otherwise expressly and specifically set forth in this Agreement,
no person or entity shall be deemed a third party beneficiary of any of the provisions
of this Agreement.
6.25 Right of Entry.
6.25.1 There is reserved to the County and its successors or agents, the right of
the officers, agents, employees, licensees, and Permittee's, or the
designees of public bodies, at all proper times and places, freely to have
ingress to, passage over, and egress from all of said lands, for the
purpose of exercising, enforcing, and protecting their rights and the terms
and conditions described in and reserved by this Agreement, including
the right of physical entry to the area for inspection, monitoring, or any
other purpose consistent with any right or obligation of the County under
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any law or regulation, or for the purposes of surveying Park users and
customers at the Concession.
6.25.2 The County will notify the Concessionaire of any unsatisfactory condition
relative to the management, operation and maintenance of the
Concession. The Concessionaire shall take immediate action to correct
such conditions at the Concessionaire's expense.
7. Entire Agreement; Modification.
This Agreement, together with any supplemental provisions attached hereto, constitutes the
entire agreement between the Parties and sets forth all of the covenants, promises,
agreements, conditions or understandings, either oral or written, between the
Concessionaire and County, other than as set forth herein, and those agreements that are
executed contemporaneously herewith. This Agreement shall be construed as a whole and
in accordance with its fair meaning and without regard to any presumption or other rule
requiring construction against the party drafting this Agreement. This Agreement cannot be
modified or changed except by a written instrument executed by the Concessionaire and
County. The Concessionaire and County have reviewed this Agreement and have had the
opportunity to have it reviewed by legal counsel.
8. Attorney Fees.
If suit or action is commenced to enforce compliance with any term, covenant or condition of
this Agreement, including any action undertaken in the context of bankruptcy proceedings,
the Party not prevailing shall pay to the Prevailing Party a sum which the trial judge
determines is reasonable as attorney fees to be allowed in the suit or action, and court
costs, and if appeal is taken from any judgment or decree in the suit or action, the Party not
prevailing on the appeal shall pay to the Prevailing Party such further sum as the appellate
court shall adjudge reasonable as attorney fees on appeal, and court costs.
9. Severability.
If any term, covenant, condition or provision of this Agreement is held by a court of
competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions
hereof shall remain in full force and effect and shall in no way be affected, impaired or
invalidated.
10. Force Majeure.
The occurrence of any of the following events shall excuse performance of such obligations
of a Party as are rendered impossible or reasonably impracticable to perform while such
continues: strikes; lockouts; acts of God; inability to get materials; governmental restrictions;
enemy or hostile governmental action; fire or other casualty; and other causes beyond the
reasonable control of the Party obligated to perform (all events of "Force Majeure").
11. Authority.
Each Party covenants and warrants to the other Party that: (a) it is duly authorized to
execute this Agreement; and (b) the execution of this Agreement has been duly
authorized by the Applicable Party.
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12. Legal Effect of the Agreement.
This Agreement is terminable only in accordance with the express and specific provisions
hereof. This Agreement does not create a leasehold estate and County shall at all times
remain the title holder of the real property.
13. Delegation of Authority.
The Department Director, Maricopa County Parks and Recreation Department, is authorized
to conduct required administrative actions as may be necessary to carry out the spirit and
intent of the Agreement.
14. Representation and Warranties of County.
14.1 County represents and warrants to Concessionaire that the following statements are
true, correct and complete:
14.1.1 County has complete and full authority to execute this Agreement and to
grant to Concessionaire the rights contemplated by this Agreement. All
governmental actions required to be taken by County to authorize
execution of this Agreement by County and performances by County of its
obligations hereunder have been taken and this Agreement is binding
upon and enforceable against County in accordance with its terms;
14.1.2 To the best of the County's knowledge, there are no lease agreements,
maintenance contracts, service agreements or other contracts of any
nature which pertain to, cover or affect the Concession except as
disclosed in this Agreement.
14.2 In the event of a breach of a representation or warranty as set forth herein,
Concessionaire shall notify County of same and deliver to County such information
as is necessary to enable County to remedy the breach. Concessionaire shall
cooperate with County to remedy the breach.
15. Counterparts.
This Agreement may be executed in two or more counterparts, each of which shall be
deemed an original but all of which together shall constitute one and the same instrument.
Faxed and copied signatures are acceptable as original signatures.
16. Time is of the Essence.
Time is of the essence of this Agreement. If the date for performance of any obligation
hereunder or the last day of any time period provided herein shall fall on a Saturday, Sunday
or legal holiday, then said date for performance or time period shall expire on the first day
thereafter which is not a Saturday, Sunday or legal holiday.
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DATED this t a i u `141 day of March 2011.
MARICOPA COUNTY ARIZONA OUTDOOR FUN RENTALS,
BOARD OF SUPERVISORS LLC
ROI 91 TM
II
MAR 1 6 2011
Approved as to Form:
, ../7/,'/ . 3 p
-Attorney for Maricopa ounty Da
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EXHIBIT 1.1 — REGIONAL PARK SYSTEM
Nlitricopa Cum-ity
Regional 1)ar'g Swrem
t,
I Plvasurit 11;i1.111,-,1 l'Ark
Regional Park • Wain Park LnIrancs.
...X-4AE1131.P4;
?Spur Cross Ranch S CI 5 10 Ki ,or-Irtm
• AirlA J41114. Conservation Area Meld'a
e;11.17 -444. 5 0 1O ML
Otsrml
1, 7 — Outrinnr ex .- 1,45 I 1, ; ! ?.f • K , S
il Li ... -- FREE - •
Cave Creel; McDowell Mountain
Ad0b0 Dahl Regional Park Reg iunsil Kirk
While Tank Mourawn . Regional Pa'rk Toth:
Fo
Rpgional Park I..: • L.1:5 Fort
7, ' F,I IzrF R1F.F\ trve-11
11 rNtt:,... 3t. :NIP; 1 P.1`.1 1 R -
HILLS
] 70 ,;.t...
.6-1) • % • . . ., , fio i r3L . EK-01:- ,..., 1J411_17.1e L '.711°r r)r,ery Mal nta in
fT.3 1- 11- 1 E1 r, •- ) t:ef...1 •LiALL Regional Park !.
. PARK {5 r - -
.....- ...„.----W—I---- Avc-7,TecLE — -OLLE...orq _
.
..,--- —
I I RT
‘.1 F
Estrella Mountain
Duclye.ye I fills Regional Park 1:.;FIEEK
Regkmal Park NJ:kirk...TR CoLit. .1
Cuamy s...h,
\ si fr..
... i'l _.
IL:SAZD.I
0 \ Siilljall Mountain
Mancopa County Roiinnal Park
Var'mfl. rtmgmion
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Exhibit 1.1 — Regional Park System (Continued)
Park Notification Numbers:
Lake Pleasant Regional Park: 602-372-7460
*City Jurisdiction for Possible Business License:
Lake Pleasant Regional Park: Peoria
*The Concessionaire is required to obtain all required licenses and permits and payment
of required fees in order to conduct business in the respective Parks. The above listing
is the city that has such licensing/permitting jurisdiction.
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EXHIBIT 3.2.1 — FEE REPORTING AND PAYMENT SCHEDULE
Concessionaire will pay County the following fees according to the payment schedule listed
below.
Fee Amount
Administrative Fee $150.00
Concession Fee 20% of gross
revenue
Electrical Fee As invoiced by the
Department's
The County is not responsible to provide water or trash Contract
containers or service to the Concessionaire. Administrator on a
monthly basis
License to Use Fee $150.00 per Month;
year-round
Trailer and Equipment Storage Fee $12.50 per week per
trailer or equipment
stored as invoiced
by the Department's
Contract
Administrator on a
monthly basis
The Administrative Fee, by definition, is the fee assessed by County for the development of and
management of the Agreement. The Administrative Fee is payable upon signing of the
Agreement by the Concessionaire prior to going the Maricopa County Board of
Supervisors for execution.
The Concession Fee, by definition, is the fee assessed by County for such things as to offset for
impact to the respective Park and use of Park property in which the Concessionaire received
payment from users of the Concession. Payment is due County by the twentieth (20 1h) of each
month for the previous month, i.e. payment for October is due by November 20 th. Should the
County's Due Date fall on a Saturday, Sunday or legal holiday, then said Due Date shall be at
the close of business on the first day thereafter which is not a Saturday, Sunday or holiday.
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Exhibit 3.2.1 — Fee Reporting and Payment Schedule (Continued)
Exhibit 3.2.2 — Revenue Statement will be provided with the Concession Fee payment.
The Electrical Fee, by definition, is the fee assessed by County for reimbursement of electricity
used during the reporting period. The Department's Contract Administrator will invoice the
Concessionaire for reimbursement due. The Due Date is the date shown on the invoice. Should
the County's Due Date fall on a Saturday, Sunday or legal holiday, then said Due Date shall be
at the close of business on the first day thereafter which is not a Saturday, Sunday or holiday.
The License to Use Fee, by definition, is the fee assessed by County for use of the facility
known as the Tiki Hut.
The Trailer and Equipment Storage Fee, by definition, is the fee assessed by County for the
storage of trailers or equipment in support of Concession operations.
Gross revenue is defined as all revenue collected by the Concessionaire related to the
Concession operation with no deductions.
The Department's Contract Administrator will not invoice for the monthly Concession Fee or
License to Use Fee. Payment will be due by the 20th of the month as outlined in the Agreement.
The Department's Contract Administrator will invoice for the monthly Electrical Fee and Trailer
and Equipment Storage Fee. Payment will be due by the Due Date stated on the invoice as
outlined in the Agreement.
All checks for payment due will be made out to: Maricopa County Parks and Recreation
Department and mailed to: (Do not make payment directly to the Park)
Maricopa County Parks and Recreation Department
Attn: Accounts Receivable
234 N. Central Avenue, Suite 6400
Phoenix, AZ 85004
There will be a ten percent (10%) late payment fee of the amount due if payment is not received
by the Due Date.
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EXHIBIT 3.2.2 - REVENUE STATEMENT
Reporting Period:
Date *Gross Revenue Collected Comments
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
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Exhibit 3.2.2 —Revenue Statement (Continued)
*Concessionaire will provide income ledgers in support of gross income reported.
Submission of the Attendance and Revenue Statement is in accordance with the reporting
timelines as stated in the Agreement.
If there are no guest visits or revenue collected throughout the reporting period, the
Concessionaire is still responsible for submission of the required Attendance and
Revenue Statement; however indicate "No Guests" and "Zero Revenue".
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EXHIBIT 3.2.9 - EQUIPMENT STORAGE STATEMENT
Reporting Period:
Day Trailers & Equipment Stored
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
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Exhibit 3.2.9 — Equipment Storage Statement (Continued)
The Concessionaire will identify the type and quantity of trailers and equipment stored within
the boundaries of Lake Pleasant Regional Park by day. This will be used for invoicing of the
equipment as outlined in Exhibit 3.2.1 — Fee Reporting and Payment Schedule.
Information provided will be verified by the Park Supervisor.
The Equipment Storage Statement will be submitted to the Department's Contract
Administrator not later than the 20 th of each month for the previous month, i.e. income for
October is due not later than the 20 th of November. The preferred method of receipt of the
Income and Equipment Storage Statement is electronically; however, if mailed, mail to:
Maricopa County Parks and Recreation Department
Attn: Contract Administrator
234 N. Central Avenue, Suite 6400
Phoenix, AZ 85004
If no trailers or equipment stored during the Reporting Period, the Concessionaire is
still required to submit the Equipment Storage Statement; however indicate "No
Trailers or Equipment Stored".
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SAContracts\IGA's\Conunercial Mgmt Concession \AZ Outdoor Fun Rental\Final.docx

EXHIBIT 4.1 —SERVICES AND PERFORMANCE STANDARDS
Exhibit 4.1 is designed to identify required, optional and restricted services and performance
standards for the Concession. Services are authorized to be performed on-site. A change to
services provided will be approved by County in writing. There will be no additional services
provided other than those stated in this Exhibit. The Concessionaire is responsible for obtaining
all permits, licenses, etc. associated with rental or sale of the items listed below.
1 Required Services.
1.1 Jet ski rentals.
1.2 All Terrain Vehicles, Rhinos and equivalent off-road vehicle rentals.
1.3 Covered shade areas for use by the patrons of the Concession. The
Concessionaire will coordinate with the Park Supervisor as to location and size of
the shade structure(s) and as to items that may be stored under them, i.e. tables,
chairs, benches. The Concessionaire is responsible for proper anchoring of the
shade structures so as to be secure during wind and other inclement weather.
The Concessionaire is responsible for any permits that may be required from
permitting authorities. The Concessionaire is responsible for the repair of any
damage done as a result of the stakes used to anchor the shade structures.
2. Optional Services.
2.1 Canoe and kayak rentals.
2.2 Fishing equipment rentals and sales, to include live and artificial bait.
2.3 Sale of fishing licenses as authorized by the Arizona Department of Game and
Fish.
2.4 Camping equipment rentals and sales.
2.5 Beach equipment rentals and sales.
2.6 Stand-up Paddle Boards, Windsurfing Boards or the equivalent thereof rentals.
2.7 Recreational vehicle rentals.
2.8 Wakeboard lessons using Concessionaire's equipment;
2.9 Boat captaining, i.e. deliver Concessionaire boats for use by patrons, assist with
fishing expeditions;
2.10 On-site sales of such items as sun block, ice, non-alcoholic beverages, packaged
snacks and similar items. Sales of these items must be coordinated with the
Park Supervisor and manager of Scorpion Bay Marina and its sub-contractors so
as not to compete against, but enhance product availability to the visitors of Lake
Pleasant Regional Park.
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Exhibit 4.1 — Services and Performance Standards (Continued)
3. Restricted (Not Authorized) Services.
3.1 Fishing and pleasure boat/pontoon/houseboat rentals and sales.
3.2 Items currently identified or to be identified that through contractual arrangement
with the Scorpion Bay Marina, Maricopa County Parks and Recreation
Department concessions that would create unfair competition or that would be in
violation of said agreements. The intent of this restriction is to coordinate the
providing of recreational services and products not to unduly restrict. Desire of
the Concessionaire to introduce new recreational services or products will require
written approval of the Park Supervisor.
3.3 Sale of products containing alcohol.
4. Performance Standards.
4.1 There will be no maintenance performed within the Concession Area.
4.2 Equipment will not be displayed, stored or secured on-site in such a manner as
to interfere with operation of the 10-Lane Boat Ramp. Coordination of equipment
displays and storage will be coordinated with and approved by the Park
Supervisor.
4.3 The Concession Site and subsequent equipment storage areas will be neat and
present a professional appearance at all times.
4.4 Tables, eating areas, shaded areas, etc. will be kept clean, neat and sanitary at
all times.
4.5 The Concessionaire shall comply with all requirements, applicable rules,
guidelines and standards pertaining to such areas as equipment maintenance,
food storage, etc related to the Concession.
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EXHIBIT 6.5 — PARK RULES
(Published Separately)
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Exhibit 6.5 - Park Rules
Maricopa County Parks & Recreation Department
PARK RULES
Adopted August 13, 2003 by the Maricopa County Board of Supervisors
R-101 Definitions of insurance naming the Department as additionally insured,
The following definitions shall determine meanings for certain and/or provide for adequate medical, sanitary and security services.
Facilities, objects, entities or activities. 7. A performance payment bond may be required for any permittee
1. "Abandoned Vehicle" means any vehicle, boat, trailer, or who is providing a service that was solicited to provide any event
structure, which shows evidence of being left unattended for a or activity sponsored by the Department.
period of 48 hours unless displaying an official permit 8. The Department may impose conditions on the conduct of any
indicating a stay in excess of 48 hours. activity which are necessary to protect the area and maintain its
2. "Aircraft" means a structure or device for navigation of the air availability as a public park.
that is supported either by its own buoyancy or by the 9. A Special Use Permit is not required for any person operating under
dynamic action of the air against its surface. the provisions of a valid special use or commercial management
3. "Camping" means erecting a tent or shelter or arranging concessions agreement with the Department.
bedding or both, for the purpose of, or in such a way as will 10. Special Use Permit applications, which are compatible with the
permit, overnight use; or parking a trailer camper or other management objectives of the individual park, may be refused for
vehicle for the purpose of remaining overnight. health and safety reasons or to protect the park from significant
4. "Commission" means the Maricopa County Parks and damages. With respect to competing non-profit uses, the use of
Recreation Commission. park space shall be granted on a first-come, first-served basis. With
5. "County" means Maricopa County. respect to competing commercial uses, informal proposals shall be
6. "Department" means the Maricopa County Parks and solicited and the Special Use Permit awarded to that concessionaire
Recreation Department. which offers to provide the County with the highest potential revenue
7. "Loudspeaker or public address system" means a device to and/or best recreational value to park patrons, provided the
amplify or direct sound. concessionaire does not have a poor performance history on any
8. "Maricopa County Park(s)" means any land or areas under the prior permits.
control of the Maricopa County Board of Supervisors which 11. All persons entering a park under a Special Use Permit are subject
has been designated as a Park, Recreation Area or to all entrance and/or other fees, and all rules and regulations
Conservation Area. concerning park resource and facility use. The total amount of
9. "Roads" means the entire width between the boundary lines of entrance fees owed by persons entering a park under a Special Use
every way when any part thereof is open, kept or maintained Permit may be calculated in advance and paid in accordance with terms
for use by the public for purposes of vehicular travel. negotiated as part of the Special Use Permit.
10. "Special Use Permit" means commercial or non-commercial 12. A decision by the Department concerning any Special Use Permit may be
permits issued by the Department for activities outside a appealed to the Commission.
park's activity design or which excludes the general public or 13. Applications for Special Use Permits may be obtained from an
for which there is monetary gain. authorized representative of the Department.
11. "Swimming" means to propel one's self in water by natural
means; consequently aquatic activities including the full or R-103 Violations and Penalties
partial use of inner tubes, air mattresses or personal support 1. Any person who violates any of these rules shall be guilty of a
devices. Class 2 misdemeanor.
12. "Designated Trail" means an authorized recreational trail 2. Any person who violates any of these rules may also be evicted for
designed, constructed, and maintained according to standards failure to comply.
within the County manual; it is within Maricopa County Parks'
boundaries and has been included in the Maricopa County The following acts are prohibited in Maricopa County Parks:
Park trail system inventory.
R-104 Entry, Use, Occupancy, Fees
R-102 Special Use Permits, Fees and Approvals 1. Entering, using, or occupying of a Maricopa County park or its
1. Special Use Permits shall be required for eligible non-profit, facilities, designated trails or waterways under the supervision and
government or private, as well as commercial uses. control of the Department for any purpose when said parks or areas
2. For eligible non-profit uses, a Special Use Permit is required are posted against such entrance, use, occupancy or where barriers
of any person or group for any activity outside each park's exist.
activity design, or for the use of specific park areas that 2. Entering upon or using for any purpose the land, water or facilities
3. A Special Use Permit shall also be obtained in advance by any within the boundaries of Maricopa County Parks when a fee, rental,
any person or group wishing to use a Maricopa County Park admission or other consideration has been established for such land,
for eligible commercial uses. water or facility has been paid said fee, rental, admission or other
4. Park Impact Fees for Special Use Permits shall be negotiated consideration.
by the Department used on the expenses related to the
administration of the activity, protection of the park and R-105 Animals and Pets
visitors, and in accordance with established fee schedules
when applicable. 1. Riding, permitting or allowing livestock, saddle, pack, or draft animals
5. The Department may require commercial applicants to enter except on designated trails or areas under special permit issued
an agreement with the County for a negotiated percentage of by the Department or by special provisions of a Use Management
gross receipts not to exceed twenty (20) percent. Agreement.
6. The Department may require the permittee to post a deposit 2. Possessing, allowing or permitting a dog and/or other pets in a Maricopa
against damage and clean-up expense, provide a certificate of County Park, unless the same shall be under immediate control on a

Exhibit 6.5 - Park Rules (Continued)
leash not exceeding 6 feet in length, except the leash for any purpose.
requirement shall not apply to dogs while being used in hunting, 2. Engaging in noisy conduct, operating generators or motors, operating
in field trials, or while being trained when upon lands open to such radios, or otherwise making loud or disturbing noises that may disturb
uses and it does not interfere with other park activities. the peace of the area between the hours of 10:00 p.m. and 6:00 a.m.
3. Possessing, allowing or permitting a dog in a Maricopa County 3. Public urination or public defeca defecation.
Park without a current license. 4. Engaging in noisy conduct that disturbs the peace.
4. Allowing dogs or other pets, other than seeing-eye or hearing
guide dogs, within the confines of public park buildings. R-112 Camping
except the leash requirement shall not apply to dogs while 1. Camping without first obtaining a written permit issued by the
5. Allowing dogs and/or other animals to create a nuisance, noise Department.
or disturbance in any area. 2. Failure to obey all written or posted camping regulations.
6. Failure of any owners of pets to properly dispose of any waste.
7. Scattering or depositing the ashes of any animal. R-113 Fires
1. Building fires except in designated places.
R-106 Firearms, Hunting and Trapping 2. Building fires in any area posted against such use.
1. Possessing a firearm, unless unloaded in both barrel and magazine 3. Building wood or charcoal fires at any time posted against such activity
in any area closed to the discharge of firearms unless permitted by (during fire ban).
state law. 4. Use of gas or propane stoves or grills when use is prohibited (during
2. Shooting a firearm, air rifle, air pistol, potato cannon, or any type of extreme fire ban).
cannon, paintball gun, slingshot, or shooting with a bow and arrow, 5. Abandoning any fire without completely extinguishing it.
or setting traps except in locations provided for that purpose by 6. Allowing a fire to escape from control.
Arizona Game and Fish rules.
R-114 Public or Commercial Activities
R-107 Motor Vehicle and Bicycles 1. Conducting any activity or assembly outside the individual park's
1. Operating any motorized vehicle except on roads and parking areas activity design or requiring the use of park areas which exclude the use
designated by the Department for such purpose. of the general public without first obtaining a Special Use Permit from
2. Abandoning any vehicle in any area of a Maricopa County Park. the Department.
Vehicles violating this section may be towed at the owner's expense. 2. Posting, placing, or distributing advertising material; erecting a fence or
3. Parking a motor vehicle or trailer or other device towed by a motor barrier (except under specific use management or lease agreements),
vehicle in such a manner whereby roads, parking areas or other constructing or occupying improvements; or enclosing County
traffic ways or traffic are blocked or otherwise impeded. Vehicles administered lands without first obtaining or enclosing a Special Use
violating this section may be towed at the owner's expense if such Permit from the Department.
violation constitutes blockage of any emergency lane or otherwise 3. Using a loudspeaker or public address system, or amplifier, without first
interferes with park operations. obtaining a Special Use Permit from the Department.
4. Operating a bicycle in a careless or reckless manner, or in disregard 4. Using County administered lands for a commercial purpose without
of the safety of any person or property. first obtaining a Special Use Permit from the Department.
5. Utilizing bike ramps in non-designated areas.
6. Operating, without permission from the County, any motorized R-115 Glass Bottles
skateboard, motorized scooter, mo-ped or like device. 1. Possessing glass, ceramic or hard frangible plastic beverage bottles.
R-108 Watercraft and Swimming R-116 Aircraft and Engine Powered Models
1. Bringing into, or operating any watercraft upon a body of water 1. Operating any passenger carrying aircraft of any nature or parachute,
except at such places and in such a manner as designated for such including parasailing, except in areas designated for such use by the
use or purpose by the Department. Department or in an emergency situation.
2. Storing or leaving any watercraft without first obtaining a permit 2. Operating engine powered models and/or toys in any park area not
issued by the Department or its authorized concessionaire. designated for such use or in such manner that it could be a hazard
3. Swimming in areas posted against such use. to the public.
4. Cliff jumping.
R-117 Interference with a Park Ranger or a Park Police Officer
R-109 Vandalism 1. Interfering with any Park Ranger and/or Park Police Officer in the
1. Destroying, damaging, or removing any tree, shrub, wildflower, discharge of the Park Ranger's and/or Park Police Officer's duties.
cactus, or any other vegetation, or any other vegetative product 2. Failing or refusing to obey any lawful command of any Park Ranger
or by-products without first obtaining a written permit from the and/or Park Police Officer or other Certified Peace Officer.
Department.
2. Destroying, damaging, defacing or removing any County property R-118 Trails
or property administered by the Department. 1. Damaging, blocking, restricting or otherwise interfering with the use
of a trail.
R-110 Littering 2. Throwing or rolling rocks or other items into valleys or canyons, down
1. Depositing or abandoning garbage, sewage, refuse, trash, waste hillsides, mountainsides or trails.
or other obnoxious material, except in receptacles or containers 3. Leaving a designated trail or walkway between trailheads.
provided for such purposes. 4. Operating a bicycle, riding a horse, or hiking, except on trails designated
2. Throwing or breaking glass, plastic or ceramic objects leaving for that use.
Shards or other fragments on park property. 5. Failure to follow any sign that dictates the use or behavior on a trail.
R-111 Public Behavior
1. Conducting one's self in a disorderly or intoxicated manner, or using
threatening, abusive, or boisterous or insulting language, or
conducting or participating in a disorderly assembly, or to solicit