AMENDMENT TWO ARIZONA OUTDOOR FUN 12 31 2017 WITH 5 YR RENEWAL .PDF

C-5 0 - 1 t -0 2-s1-3- 02
AMENDMENT TVVO
TO
COMMERCIAL MANAGEMENT CONCESSIONS AGREEMENT
BETWEEN
MARICOPA 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 entered in Amendment One (C-30-
11-037-3-01) on April 11 2012 to exercise three (3) of the one (1) year renewal options and
make other administrative corrections; and
WHEREAS, the County and the Concessionaire desire to expand the scope of
recreational services to be available to the public and make other administrative corrections;
and
WHEREAS, the County and Concessionaire desire to enter into this Amendment Two 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.
II. TERM AND TERMINATION
Delete Section 2.4 — Term and Renewal Option, as amended, in its entirety and replace
with the following:
2.4 Term and Renewal Option
The term of this Agreement will be from March 16, 2011 through December 31,
2017 with five (5) one (1) — year renewal options ("Renewal Options") remaining.
If the Concessionaire desires to exercise the Renewal Options, the
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Concessionaire shall provide written notice to the County on or before October
V' of the ending Contract Year. Approval of the Renewal Option shall be at the
sole discretion of the County 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 ofthe respective Contract Year.
III. ACCOUNTING AND FEES
Delete Section 3.2.7 — Utility Payment, as amended, in its entirety and replace with the
following.
3.2.7 Utility Payment.
Fee payment for electricity ("Electrical Fee") will be averaged monthly based on
past usage reports; the Department Contract's Administrator will inform the
Concessionaire of the averaged amount through a one time invoice; the Due
Date will be as outlined in Exhibit 3.2.1 — Fee Reporting and Payment
Schedule. The average usage amount will be adjusted at the start of each
Contract Year (December 31) based on the previous twelve (12) month usage;
the Concessionaire is required to pay the new adjusted amount upon
determination.
Delete Section 3.2.8 — Structure "License to Use" Fee Payment, as amended, in its
entirety and replace with the following.
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
is for reference only and will not accept any mail delivery or other delivery
services. The Concessionaire will not be invoiced for the amount due; the Due
Date will be as outlined in Exhibit 3.2.1 — Fee Reporting and Payment
Schedule. The Concessionaire is not authorized to make any modifications to
the facility unless authorized by the Park Supervisor and upon termination of the
Agreement the Concessionaire will return the facility to the County in a condition
satisfactory to the Park Supervisor.
Delete Section 3.2.9 — Trailer and Equipment Rental Storage Payment in its entirety.
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IV. OPERATIONS, MAINTENANCE, IMPROVEMENTS, CONSTRUCTION AND
UTILITIES
Add Section 5.1.6 in its entirety.
5.1.6 Operational Constraints and Requirements. (See Exhibit 5.1.6 — Operational
Constraints and Requirements)
V. EXHIBIT 1.1 — REGIONAL PARK SYSTEM
Delete Exhibit 1.1 — Regional Park System in its entirety and replace with the following:
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EXHIBIT 1.1 — REGIONAL PARK SYSTEM
Mancopa County
Regional Park Srrem
I Are Pledsant El Kt giurwl Kirk.
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5
tlutrIror Desert Co okiREEK !•911T1•1111mowom
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cave Creek Mcliowell Mountain
Adobe Dam Regional park Runcil _Kirk
White Tank hApt.n4! ,,,.,, iegionalfkk 'Talc
Nation& Fnprt
Regiana I Park - Fort -
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---Yot.Thea )1 IN I Al',1
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Eall Fiver lste,!ty Mountail
!ALL Regional Park
•PXCL.NMLE-•
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-- Estrella Mountain QI. N
l3uc1eyeEi111s Regional Park EEK
R_e_4glonal. Park- opagOLIT• _
Cuway Itrv
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ti\s\ S.:--14a ii Mountain
Maticopa County R ' "onal Park
Parks an. Ricrtatiort
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e. AIME?'
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Exhibit 11 — Regional Park System (Continued)
Park Notification Numbers:
Cave Creek Regional Park: 623-465-0431
Estrella Mountain Regional Park: 623-932-3811
Lake Pleasant Regional Park: 602-372-7460
McDowell Mountain Regional Park: 480-471-0173
San Tan Mountain Regional Park: 480-655-5554
Usery Mountain Regional Park: 480-984-0032
White Tank Mountain Regional Park: 623-935-2505
*Citv Jurisdiction for Possible Business License:
Cave Creek Regional Park: Cave Creek
Estrella Mountain Regional Park: Goodyear
Lake Pleasant Regional Park: Peoria
McDowell Mountain Regional Park: Fountain Hills
San Tan Mountain Regional Park: Queen Creek
Usery Mountain Regional Park: Mesa
White Tank Mountain Regional Park: Surprise
*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 possible city that may have such licensing/permitting jurisdiction.
Fee payment for RV camping will be the responsibility of the patron entering into the
rental agreement with the Concessionaire and will be paid directly to the respective
Park.
The Concessionaire will have an established rental fee which will be reported to the
County per the required reports of which from that reported amount fees due the County
will be determined.
VI. EXHIBIT 3.2.1 — FEE REPORTING AND PAYMENT SCHEDULE
Delete Exhibit 3.2.1 — Fee Reporting and Payment Schedule, as amended, in its entirety
and replace with the following.
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EXHIBIT 3.2.1 — FEE REPORTING AND PAYMENT SCHEDULE
Fee Amount
Administrative Fee (Initial and Each Renewal) $150.00
Concession Fee 20% of Gross Revenue
Electrical Fee Fee Based on average usage
($38.48); Average amount
due monthly without invoice
License to Use Fee $150.00 per month x
monthly throughout year
without invoice
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 Electrical Fee, by definition, is the fee assessed by the County to offset electrical
costs incurred by the Concessionaire at the Concession Site. The fee is determined by
averaging, over a twelve (12) month period, the cost of electricity of which a one (1) time
invoice will be submitted to the Concessionaire. Payment is due the County according
to the fee payment schedule outlined below. (See Exhibit 3.2.1 — Fee Reporting and
Payment Schedule)
The License to Use Fee, by definition, is the fee assessed by the County to the
Concessionaire for use of the facility identified as the Tiki Hut. (See Section 3.2.8 -
Structure "License to Use" Fee Payment) Payment is due the County according to
the fee payment schedule outlined below. (See Exhibit 3.2.1 — Fee Reporting and
Payment Schedule)
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Exhibit 3.2.1 — Fee Reporting and Payment Schedule (Continued)
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. (See Exhibit 3.2.1 — Fee Reporting
and Payment Schedule and Exhibit 3.2.2 — Attendance and Revenue Statement)
Days Late Late Fee Penalty
1-15 $50.00
16 — 31 $100.00
32 — 60 $150.00
61+ Termination Proceedings
The Fee Reporting and Payment Schedule 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)
Fee Reporting and Payment Schedule — Due Date.
Administrative Fee Due upon initial and each subsequent
renewal; Fee amount is $150.00
Concession Fee Due by the 25 th of each month for fees
due from the previous month; Fee
based on submission of Exhibit 3.2.2 —
Attendance and Revenue Statement
due by the 251h of each month for the
previous month; Fee amount is 20% of
Gross Revenue
Electrical Fee Due by the 25 Th of each month for the
previous month's usage; Fee amount is
$38.48/month
License to Use Fee Due by the 25th of each month for the
previous month's usage
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Exhibit 3.2.1 — Fee Reporting and Payment Schedule (Continued)
There will be a ten percent (10%) late payment fee of the amount due if payment is not
received by the Due 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.
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.
*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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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 — 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. Services, with the exception of RV rentals, are
restricted to Lake Pleasant Regional Park. RV rentals are authorized to be placed at all
parks listed in Exhibit 1.1 — Regional Park System where camping is permitted.
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.
1.4 Recreation vehicle ("RV") rental.
A. RV's will be available for rental by Park patrons. The
Concessionaire is responsible for the entering into a rental
agreement with the patron; the patron is responsible for the
making of all required camping reservations and payment of all
required camping fees.
B. RVs shall not be older than ten (10) years from date of
manufacturer; must be serviceable; and must be in excellent
appearance.
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Exhibit 4.1 — Services and Performance Standards (Continued)
C. One (1) "representative" RV may be stored in the vicinity of the
Tiki Hut to enhance marketing opportunities of the recreational
service. The actual rental units must be stored outside of the Park
boundary. There will be no RV's stored, even on a temporary
basis, within the boundaries of Lake Pleasant Regional Park, with
the exception of the display unit.
D. Published RV rental fees will not differ from rental fees if the RV
were rented by a Patron at a location other than Lake Pleasant
Regional Park.
E. Provide adequate safeguards to ensure security of the RV that is
stored at the Tiki Hut. The County is not liable for loss or damage
caused to the RV.
F The Concessionaire will have an established rental fee which will
be reported to the County per the required reports of which, from
that reported amount, fees due the County will be determined.
(See Exhibit 3.2.1 — Fee Reporting and Payment Schedule)
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 Wakeboard lessons using Concessionaire's equipment;
2.7 Boat captaining, i.e. deliver Concessionaire boats for use by patrons, and
assist with fishing expeditions.
2.8 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 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 to unduly restrict. The desire of the Concessionaire to
introduce new recreational services and products will require written
approval of the County.
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 with the exception of RV and
OHV rentals.
4. Performance Standards.
4.1 There will be no maintenance performed within the Concession Area
other than operator maintenance, i.e. fuel and oil.
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 Through coordination with the Park Supervisor, an area will be identified
in the vicinity of the Tiki Hut to where the Concessionaire may store
equipment, when not in use or for overnight. Security measures for
stored equipment will be the responsibility of the Concessionaire. Fencing
and other security measures identified by the Concessionaire must be
coordinated with the Park Supervisor and Parks' Engineering Manager.
The Concessionaire is responsible for all costs associated with
implementation of the security measures. The County is not responsible
for security of the equipment and will not be liable in event of theft,
damage or any other action that
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Exhibit 4.1 — Services and Performance Standards (Continued)
may have occurred to the equipment while stored. This will be the only
area authorized for the Concessionaire's storage of equipment within the
boundary of Lake Pleasant Regional Park. The Concessionaire will have
exclusive use of the designated storage area in the vicinity of the Tiki Hut
4.4 The Concession Site and subsequent equipment storage area will be
neat and present a professional appearance at all times.
4.5 Tables, eating areas, shaded areas, etc. will be kept clean, neat and
sanitary at all times.
4.6 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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VII. EXHIBIT 5.t6 — OPERATIONAL CONSTRAINTS AND REQUIREMENTS
Add Exhibit 5.1.6 — Operational Constraints and Requirements in its entirety.
EXHIBIT 5.1.6— OPEATIONAL CONSTRAINTS AND REQUIREMENTS
The following operational constraints and requirements apply to this Agreement. Items listed in
this Exhibit are in addition to constraints or requirements stated in other parts of the Agreement.
1. Concessionaire entrance into the Park will be through an area designated by the Park
Supervisor. The Park Entrance Fee and fee provisions as outlined in the Agreement will
prevail.
2. The County is not responsible for the providing of any security of the Concession Site.
3. The County is not responsible for the providing of telecommunication lines, fax lines or
any other communication support.
4. The Concessionaire will have access to Port-a-johns and restroom facilities that are
located throughout the Park. Park staffs will not relocate Port-a-johns from other areas
within the Park. The Permittee is not authorized to contract for additional Port-a-johns.
5. The Concessionaire is responsible for the providing of a source of water that may be
required which would be in addition to what is currently available within the Park. Park
personnel are not responsible for the providing of additional water in support of activities.
6. The Concessionaire is authorized to set-up temporary shade structures or canopies per
the terms and conditions as stated in the Agreement.
7. The Concessionaire is not authorized to use a generator in support of concession
operations.
8. The Park will not provide additional trash containers in support of the Concession.
However, Parks staff will empty the trash containers, placed by Parks, on a schedule to
be determined by the Park Supervisor.
9. 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.
10. The Concessionaire agrees to maintain the Concession equipment in a manner to
ensure safe operation for the guests.
11. The Concessionaire agrees to maintain the Concession area so that it presents a neat,
presentable, sanitary appearance at all times. The Concessionaire will ensure that all
garbage or debris left in the vicinity of the Concession area after the completion of each
day's activities is placed in an authorized container.
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Exhibit 5.1.6 — Operational Constraints and Requirements (Continued)
12. The Concessionaire's operations are restricted to the area designated by the Park
Supervisor.
13. The catering of food in support of Concessionaire activities is authorized. The
Concessionaire is responsible for all required permits and certificates.
14. Storage of equipment is restricted to the storage area identified by and agreed to by the
Concessionaire and the Park Supervisor in the vicinity of the Tiki Hut. No equipment will
be stored outside of this storage facility. Equipment no longer being actively used by
participants, i.e. jet skis for which the rental period has ended, will be stored in the
storage facility and not at any other location within the Park. At no time will temporary
placement of equipment obstruct or create a hazard at the 10-lane boat ramp or other
public areas used for the launching of watercraft.
15. The selling or dispensing of products containing alcohol; i.e. beer, wine or liquor in
support of activities is not authorized.
16. Transportation of clients to and from the Park may be provided by the Concessionaire.
17. The Concessionaire is responsible for ensuring compliance with the U.S. Coast Guard,
manufacturer, or industry standards for operation of the Concession.
18. No equipment services or repairs are authorized on-site other than those necessary to
maintain the equipment used in support of this Agreement.
19. The Concessionaire is authorized to coordinate services currently provided by Parks, i.e.
Ranger Interpretative Programs.
20. The dispensing of product or the performance of services other than stated in Exhibit
4.1 —Services and Facilities is unauthorized.
21. The Concessionaire is not authorized to use an amplified sound system in support of
concession operations.
22. The Concessionaire, with the concurrence of the Park Supervisor, is authorized to
advertise concession activities within the Park. Location of signage, time constraints of
signage being posted, etc. will be as coordinated with the Park Supervisor.
23. One (1) RV, representative of the type available for rental by the Concessionaire, may
be stored in the vicinity of the Tiki Hut to facilitate marketing and will not be occupied
while at the Tiki Hut. Placement location will be as coordinated between the
Concessionaire and the Park Supervisor. The Concessionaire is responsible for all
security as may be required.
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Exhibit 5.1.6 — Operational Constraints and Requirements (Continued)
24. The County is responsible for all Park infrastructure repair and maintenance unless the
Concessionaire's actions are determined to be negligent in the causing of required repair
or maintenance. If this occurs, the Concessionaire is responsible for said repair or
maintenance to restore the infrastructure to its condition upon the Concessionaire
occupying the area where the Concessionaire stores equipment and conducts
operations.
DATED this 0..-X "") day of --) tA, f\-.) -C , 2012.
MARICOPA COUNTY AZ OUTDOOR FUN RENTALS, LLC
BOARD OF SUPERVISORS
• - JUL -25 207 r„
Chairman Date. Bye ate A/2Si
ATTEST
---JUL 25 2012
rk of therBoard /Date
Approved as to Form:
ttorney for aricopa County Date
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