AMENDMENT ONE ARIZONA OUTDOOR FUN 12 31 2015 WITH 7 YR RENEWAL.PDF

AMENDMENT ONE
TO
COMMERCIAL MANAGEMENT CONCESSIONS AGREEMENT
BETWEEN
MAR1COPA COUNTY
AND
ARIZONA OUTDOOR FUN RENTALS, LLC
RECITALS
WHEREAS, a Commercial Management Concessions Agreement ("Agreement') was
entered into between Maricopa County, herein after referred to as "County'' and Arizona
Outdoor Fun Rentals, LLC, herein after referred to as "Concessionaire" on March 16, 2011 (C-
30-11-037-3-00); and
WHEREAS, the County and the and Concessionaire desire to exercise three (3) of the
one (1) year renewal options and make other administrative corrections; and
WHEREAS, the County and Concessionaire desire to enter into this Amendment One to
the Agreement with the understanding that all other provisions of the Agreement shall remain in
full force and effect.
NOW THEREFORE, in consideration of the foregoing and other valuable considerations,
County and Concessionaire hereby agree as follows:
I. INCORPORATION OF RECITALS
The Recitals set forth above are hereby incorporated into this Agreement.
TERM AND TERMINATION
Delete Section 2 — Term and Termination in its entirety and replace with the following:
2. Term and Termination.
2.1 The effective date of this Agreement, upon being approved and executed
by the Maricopa County Board of Supervisors, will be March 16, 2011
(the "Effective Date").
2.2 The effective date of this Amendment is the date executed by the
Maricopa County Board of Supervisors.
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2.3 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 31".
2.4 Term and Renewal Option.
The term of this Agreement will be from March 16, 2011 through
December 31', 2015 with seven (7) one (1) — year renewal options
("Renewal Options") remaining. If the Concessionaire desires to exercise
the Renewal Options, the Concessionaire shall provide written notice to
the County on or before October 1" 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. 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. If the Concessionaire fails to exercise the Renewal
Option, the Term Shall expire on December 31" of the respective Contract
Year.
2.5 Ownership of Property and Equipment upon Expiration or Termination.
The Concessionaire, upon expiration or termination, will retain ownership
of all personal property and equipment used in support of Concession
operations. No property or equipment will be stored within the boundary
of the Park throughout the term of this Agreement unless otherwise
authorized by the Park Supervisor or otherwise stated in this Agreement.
2.6 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.
2.7 Termination for Cause.
This Agreement may be terminated in whole or in part, at any time, by the
County, upon fifteen (15) days prior notice to the Concessionaire without
any penalty or liability to County. Concessionaire and its employees,
agents, officers, directors, members, successors, or assigns hereby
waive any and all rights to bring any claim against County or its
employees, agents, officers, directors, members, successors or assigns
from or relating in any way to County's termination of this Agreement
pursuant to this Section 2.7. Representative reasons for "cause" include,
but are not limited to:
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2.7.1 New requirements make a continuation of the Agreement
infeasible, i.e. licensing or permitting requirements.
2.7.2 New Park operational or recreational requirements make a
continuation of the Agreement infeasible.
2.7.3 Unsatisfactory performance on the part of the Concessionaire or
failure to comply with the provisions of this Agreement. The
Director of the Parks and Recreation Department or his or her
designee is hereby given the authority to exercise the County's
termination rights in the event any payment required by this
Agreement is late by more than sixty (60) days, or if any report
required by this Agreement is delinquent by more than sixty (60)
days.
2.8 Termination by the Concessionaire.
The Concessionaire may terminate this Agreement without cause by
providing advance written notice of the intent to terminate. The
Concessionaire must provide notice of termination in writing a minimum of
thirty (30) days in advance of the requested termination date. The notice
of termination will be effective providing that there are no outstanding fees
or other outstanding duties of the Concessionaire. If outstanding fees or
requirements,do,exist, the termination will be effective until all outstanding
fees have.been paid and the requirements are satisfied.
2.9 Hold 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
hold 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 sixty (60) days upon which time the Hold Over
provision will expire.
III. ACCOUNTING AND FEES
Delete Section 3.2 — Fee and Revenue Reporting in its entirety and replace with the
following:
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 a fee ("Fee") as outlined in Exhibit 3.2.1 — Fee Reporting
and Payment Schedule.
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3.2.2 Attendance and Revenue Statement.
An Attendance and Revenue Statement (a form mutually agreed
upon between the County and Concessionaire will be used to
report participants and equipment rentals and gross revenue
collected by the Concessionaire) will accompany the fee payment.
(See Exhibit 3.2.1 — Fee Reporting and Payment Schedule and
Exhibit 3.2.2 Attendance and Revenue Statement)
3.2.3 Checks or money orders for fee payment will be made payable to:
Maricopa County Parks and Recreation Department.
3.2.4 *Fee payment and Income Statement will be mailed to:
Maricopa County Parks and Recreation Department
Attn: Accounts Receivable
234 N. Central Avenue, Suite 6400
Phoenix, AZ 85004
*Do not send fee payment or reports directly to the Park
3.2.5 Late Payment Fee.
A Late -Payment Fee shall be ten percent (10%) of the amount
due. - Invoiced late fees are due the County by the Due Date
stated on the invoice. Should the County's Due Date fall on a
Saturday, Sunday or legal holiday, then the Due Date shall be at
the close of business on the first day thereafter which is not a
Saturday, Sunday or holiday.
3.2.6 Late Reporting Fee.
The County will invoice the Concessionaire for a Late Reporting
Fee if required reports not received by the Due Date. (See
Exhibit 3.2.1 — Fee Reporting and Payment Schedule)
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 3.2.4. Should the
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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 "License to Use" Fee of one
hundred fifty dollars ($150.00) per month, twelve (12) months per
year, while the Agreement is in effect. This License to Use Fee is
for use of the structure referred to 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 invoice the Concessionaire for the amount due. The Due Date
for the structure License to Use Fee is 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 3.2.4. 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, per trailer or equipment to be
stored within Lake Pleasant Regional Park used in support of the
Concession. Storage locations will be as coordinated with the
Park Supervisor. The Park Supervisor, at the end of each month,
will provide a report to the Contract Administrator as to the
number of trailers or equipment stored at Parks. The Contract
Administrator will then invoice the Concessionaire. 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 3.2.4. 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 the trailer and equipment storage areas.
3.2.10 Failure to pay the 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.
3.2.11 The 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 the County will be invoiced to the
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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.
IV. GENERAL PROVISIONS
Delete Section 6.10 — Notices, Current Addresses and Points-of-Contact in its entirety
and replace with the following:
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 and Recreation Department
Attn: Contract Administrator
234 N. Central Avenue, Suite 6400
Phoenix, AZ 85004
For the Concession: Arizona Outdoor Fun Rentals, LLC
Attn: Joe Haldiman IV
1718 W. 3 rd Street
Tempe, AZ 85281
Telephone: 602-400-2445
E-Mail: joeRarizonaoutdoorfun.com
Notifications required to be made to the Park Supervisor will be made
telephonically to the phone number listed in Exhibit 1.1 — Regional Park
System.
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V. EXHIBIT 3.2.1 — FEE REPORTING AND PAYMENT SCHEDULE
Delete Exhibit 3.2.1 — Fee Reporting and Payment Schedule in its entirety and insert the
following:
Fee Amount
Administrative Fee (Initial and Each Renewal) $150.00
Concession Fee 20% of Gross Revenue
Electrical Fee Fee Based on Previous Year
Usage
License to Use Fee $150.00 per month x
monthly throughout year
Trailer and Equipment Storage Fee $12.50 per week per trailer
or equipment stored per
month as reported by the
Park Supervisor
By definition, "Gross Revenue" is all revenue collected by the Concessionaire in support
of the Concession with no authorized deductions.
The Administrative Fee, by definition, is the fee assessed by the County for the initial
development of the Agreement; subsequent renewals; and management of the
Agreement. The Administrative Fee is payable upon the Concessionaire signing
the initial Agreement or Renewal Amendment and prior to the Agreement being
presented to the Maricopa County Board of Supervisors ("Board") for execution. If
for some reason the initial Agreement or Renewal Amendment is not executed by the
Board, the Administrative Fee will be refunded to the Concessionaire; otherwise, the
Administrative Fee is non-refundable.
The Concession Fee, by definition, is the fee assessed by the County to offset impact to
the park and create funds to be applied towards Park operations. Payment is due the
County according to the fee payment schedule outlined below. (See Exhibit 3.2.1 — Fee
Reporting and Payment Schedule)
The Fee Payment Period is as shown. The date payment is due the County ("Due
Date"), is as indicated. The Attendance and Revenue Statement will accompany
payment made to the County for the respective period. (See Exhibit 3.2.2 —
Attendance and Revenue Statement)
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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 3.2.4. 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 is charged a "License to Use" Fee of one hundred fifty dollars
($150.00) per month, twelve (12) months per year, while the Agreement is in effect. This
License to Use Fee is for use of the structure referred to 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 invoice the Concessionaire for the amount due. The Due
Date for the structure License to Use Fee is 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 3.2.4. 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 is charged a flat rental fee of $12.50 per week, throughout the
Contract Year, per trailer Or equipment to be stored within Lake Pleasant Regional Park
used in support of the Concession. Storage locations will be as coordinated with the
Park Supervisor. The Park Supervisor, at the end of each month, will provide a report to
the Contract Administrator as to the number of trailers or equipment stored at Parks.
The Contract Administrator will then invoice the Concessionaire. 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 3.2.4. 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.
Fee Reporting and Payment Schedule.
Period Due Date
July 1st — September 30th November 25th
October 1st — December 31st January 25th
January 1 st — March 31st April 25
April 1 st — June 30th July 25th
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There will be a Late Reporting Fee Penalty for reports not received by the Due Date
stated above. The Late Reporting Fee Penalty, per occurrence, is as outlined below.
The County will invoice for the Late Reporting Fee.
Days Late Late Fee Penalty
1- 15 $50.00
16 — 31 $100.00
32 — 60 $150.00
61+ Termination Proceedings
If the Agreement is terminated during a reporting period, payment due the County for
that reporting period is due within thirty (30) days of the termination date.
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.
There will be a ten percent (10%) late payment fee of the amount due if payment is not
received by the Due Date for Concession Fees.
*The preferred payment method of the Application Fee and subsequent Concession
Fees is check. Checks will be made payable to: Maricopa County Parks and Recreation
Department. All payments and reports will be mailed or delivered to:
Maricopa County Parks and Recreation Department
Attn: Accounts Receivable
234 N. Central Avenue, Suite 6400
Phoenix, AZ 85004
*Do not submit payment or reports directly to the Park.
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VI. EXHIBIT 3.2.2 — ATTENDANCE AND REVENUE STATEMENT
Reporting Period:
Event Date Participant/Equipment Gross Revenue
Total Due
Parks (20%
of Gross
Revenue)
Submission of the Attendance and Revenue Statement is in accordance with the
timelines outlined in Exhibit 3.2.1 — Fee Reporting and Payment Schedule.
If no revenue is generated during the Reporting Period, the Concessionaire is still
required to submit the Attendance and Revenue Statement; however, indicate words to
the effect of "No Events" or "Zero Revenue".
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VII. EXHIBIT 4.1 — SERVICES AND PERFORMANCE STANDARDS
Delete Exhibit 4.1 — Services and Performance Standards in its entirety and replace with
the following:
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
restricted to roads and trails as authorized by the Park Supervisor.
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 Fishing equipment rentals and sales, to include live and artificial bait.
2.2 Sale of fishing licenses as authorized by the Arizona Department of
Game and Fish.
2.3 Camping equipment rentals and sales.
2.4 Beach equipment rentals and sales.
2.5 Stand-up Paddle Boards, Windsurfing Boards or the equivalent thereof
rentals.
2.6 Recreational vehicle rentals.
2.7 Wakeboard lessons using Concessionaire's equipment;
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2.8 Boat captaining, i.e. deliver Concessionaire boats for use by patrons, and
assist with fishing expeditions.
2.9 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.
3. Restricted (Not Authorized) Services.
3.1 On-site canoe and kayak rentals.
3.2 On-site fishing and pleasure boat/pontoon/houseboat rentals and sales.
3.3 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 lb Unduly restrict. Desire of the Concessionaire to introduce
new recreatibnal services or products will require written approval of the
Park SuperVisbr.
3.4 Sale of products containing alcohol.
3.5 Promoting or advertising off-site services or fee schedules on-site that are
in conflict with on-site services or fee schedules.
3.6 The Concessionaire will not solicit/promote the renting of
equipment/providing of services to be obtained from an off-site location
from within Lake Pleasant Regional Park.
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.
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4.5 fIhe Concessionaire shall comply with all requirements, applicable rules,
uidelines and standards pertaining to such areas as equipment
fn aintenance, food storage, etc. related to the Concession.
VIII. EXHIBIT 3.2.9 EQUIPMENT STORAGE STATEMENT
Delete Exhibit .2.9 — Equipment Storage Statement in its entirety.
DATED this --4' dfly of "Yvpro ,c_J+ , 2012.
MARICOPA COUNTY AZ OUTDOOR FUN RENTALS, LLC
BOARD OF SUPERVISORS
Chairman I Date
ATTEST
Date
Approved as to Form:
Attorney for Maricopa l County Date
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