CMCA WITH PERFECT BOAT RENTAL DBA WESTSIDE ADVENTURE.PDF

Commercial Management Concessions Agreement
Between
Maricopa County
And
Perfect Boat Rentals, LLC
Dba Westside Recreation
To Manage, Operate and Maintain a Commercial
Concession within the Maricopa County Regional
Park System

TABLE OF CONTENTS
Cover Page …………………………………………………………………………………………………..
Table of Contents …………………………………………………………………………………………… 1
Recitals………………………………………………………………………………………………………. 2
Agreement…………………………………………………………………………………………………… 3
1. General Terms………………………………………………………………………………………….. 3
1.1 Facilities, Services, Operations and Maintenance……………………………………………….. 3
1.1 Annual Management Plan……………………………………………………………………….. 4
1.2 Safety…………………………………………………………………………………………….. 5
1.3 Marketing and Media…………………………………………………………………………….. 5
1.4 MCPRD Organizational Chart…………………………………………………………………… 5
1.5 Notices, Current Addresses and Point of Contact……………………………………………….. 5
2. General Provisions…..…………………..………………………………………………………......... 6
2.0 Term……………………………………………………………………………………………… 6
2.1 Termination…………………………………….………………………………………………… 6
2.2 Default, Insolvency, Remedies…………………………………………………………………… 8
2.3 Indemnification and Insurance…………………………………………………………………… 10
2.4 Compliance...…………………………………………………………………………………….. 11
2.5 Assignment……………………………………..………………………………………………… 12
2.6 Equal Opportunity Employment Requirements .………………………………………………… 12
2.7 Immigration Reform and Control Act of 1986 (I.R.C.A.)..……………………………………… 12
2.8 Employer Sanctions Law and Employment Eligibility …………………………………………. 12
2.9 Taxes……………………………………………………………………………………………… 13
2.10 Covenants against Contingent Fees ……………………………………………………………… 13
2.11 Organization – Employment Disclaimer ………………………………………………………… 13
2.12 Waiver …………….…………………...………………………………………………………… 14
2.13 Agent, Employees, Contractors, Subcontractors ………………………………………………… 14
2.14 Paragraph/Section Headings …………..………………………………………………………… 14
2.15 Severability/Validity …………………..………………………………………………………… 14
2.16 Suspension and Debarment and Executive Orders 12549 and 12689…………………………… 14
2.17 Consents and Approvals………………..……………………………………………………….. 15
2.18 Further Assurances; Cooperation……..………………………………………………………… 15
2.19 No Third Party Beneficiaries …………………..………………………………………………. 15
2.20 Conflict of Interest… …………………..………………………………………………………… 15
3. Entire Agreement, Modification……………………………………………………………………….. 16
4. Attorney Fees……….………………..………………………………………………………………… 16
5. Severability………….………………..………………………………………………………………… 16
6. Force Majeure……….………………..………………………………………………………………… 16
7. Authority…………….………………..………………………………………………………………… 16
8. Legal Effect of the Agreement………..………………………………………………………………… 16
9. Delegation of Authority……………..………………………………………………………………….. 17
10. Representation and Warranties of County……………………………………………………………… 17
13. Counterparts……….…………………..………………………………………………………………… 18
14. Time is of the Essence.………………..………………………………………………………………… 19
Exhibit 1.0 System, Services, Operations and Maintenance
Exhibit 1.1.3.2 Administrative Functions
Exhibit 1.1.3.3 Accounting and Fees
Exhibit 1.3 Safety
Exhibit 1.4 Marketing and Media
Exhibit 1.5 MCPRD Organization Chart
Exhibit 2.4 Park Rules
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CMCA WITH PERFECT BOAT RENTAL DBA WESTSIDE ADVENTURE.DOCX

Commercial Management Concessions Agreement
Between
Maricopa County
And
Perfect Boat Rentals, LLC
Dba Westside Recreation
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,”) by and through its Parks and Recreation
Department (hereinafter referred to as “MCPRD”) and Perfect Boat Rentals, LLC dba Westside
Recreation (hereinafter referred to as “Concessionaire”). The 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. §§§11-
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 MCPRD (herein after “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, this Agreement will require administrative or operational action from time to
time to carry out the spirit and intent of this Agreement, the County desires to delegate to the
Director or his or her designee of the MCPRD, the authority and responsibility for proper
administration of this Agreement, whether or not specific authority is granted in any provision of
this Agreement; 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.
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AGREEMENT
NOW THEREFORE, in consideration of the mutual representations, warranties, covenants
and agreements hereinafter contained, the County and the Concessionaire agree as follows:
1. General Terms.
1.1 Scope
The County hereby grants the Concessionaire the right to manage, operate, and
maintain a commercial concession for boat rentals (offsite) and boat
maintenance, from the waters of Lake Pleasant, within the Maricopa County Park
System (“Park System”) subject to the terms of this Agreement. For purposes of
this Agreement, the Park System consists of the following park: Lake Pleasant
Regional Park. (See Exhibit 1.1 – Regional Park System). No changes or
modifications to the Concession and this Agreement are allowed without the
concurrence of the County in writing.
1.2 Annual Management Plan
All operational and maintenance functions will be implemented in an annual
management plan (hereinafter referred as “Annual Management Plan” or “AMP”).
The purpose of the AMP is to identify management, operational procedures and
methodologies to clarify responsibilities, understandings and actions as they
pertain to the Concessionaire’s operations in place for the year. The AMP is to be
consistent with the terms of the Agreement.
1.2.1 The achievement of the objectives set out in the AMP will require the
commitment and efforts of MCPRDs and the Concessionaire.
1.2.2 The AMP shall be developed and implemented annually by both parties.
The AMP shall be approved annually by the Concessionaire and the
MCPRD’s Director or his or her designee. The AMP shall remain in effect
until superseded by a new AMP in the following year. If variations are
necessary during the current year:
1.2.2.1 Notifications of variations requested must be sent to MCPRD per
Section 1.6.
1.2.2.2 No variation or deviation will be implemented until written approval
and execution by both parties for an AMP amendment.
1.2.3 The AMP provides for the annual review of the following working
documents for the management of the Concession. These exhibits
reference the base items to be contained in the AMP. Additional items
can be added/determined per Section 1.1.2 above.
1.2.3.1 All management and maintenance operations associated with the
Concession will be conducted inside the boundary of the System,
as outlined in this Agreement as described therein and attached
hereto as Exhibit 1.0 System, Services, Operations, and
Maintenance.
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1.2.3.2 Administrative Functions.
Administrative Functions provide the daily administrative functions
for interaction within the System as described therein and
attached hereto as Exhibit 1.1.3.2 Administrative Functions.
1.2.3.3 Accounting and Fees.
Concessionaire is to provide all accounting and fee provisions as
described therein and attached hereto as Exhibit 1.1.3.3
Accounting and Fees.
1.3 Safety.
Safety provides all safety measures for this Concession, as described therein
and attached hereto as Exhibit 1.3 Safety.
1.4 Marketing and Media.
Concessionaire is to abide by all marketing and media provisions described
therein and as attached hereto as Exhibit 1.4 Marketing and Media.
1.5 MCPRD Organization Chart.
MCPRD Organization Chart is provided for points of contact in relation to AMP,
as provided therein and as attached hereto as Exhibit 1.5 MCPRD
Organizational Chart.
1.6 Notices, Current Addresses and Points-of-Contact.
All formal 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 if delivery is refused.
For the County: Maricopa County Parks & Recreation Department
Attn: Contract Administrator
41835 N. Castle Hot Springs Road
Morristown, AZ 85342
Email: emilymiller@mail.maricopa.gov
Phone: (928) 501-9211
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For the Concessionaire: Perfect Boat Rentals, LLC dba Westside Recreation
Attn: Guy Baram
8700 W Carefree Hwy
Peoria, AZ 85383
Telephone: 480-326-3482
E-Mail: info@perfectboatrentals.com
2. General Provisions.
2.0 Term.
2.0.1 Effective Date.
The effective date of this Agreement will be from the date approved
by the Maricopa County Board of Supervisors (the “Effective Date”).
2.0.2 Contract Year.
Contract Year 1 of this Agreement will be from the Effective Date
through December 31, 2016. Subsequent Contract Years will be
from January 1st through December 31st.
2.0.3 Term and Renewal Option.
The term for this Agreement will be for a period from the Effective
Date through December 31, 2017 (herein after referred to as
“Term”).
Beginning on January 1, 2017, this Agreement shall automatically
renew for ten (10) additional terms of one (1) year each (herein after
referred to as “Renewal Option”). Automatic renewals are based on:
2.0.3.1 If either Party requests changes to the AMP and changes
been reviewed and approved by both Parties by October 1st
of the ending Contract year.
2.0.3.2 If both Parties agree in writing that the AMP has no
modifications.
2.0.3.3 If either Party provides written notice to the other Party on or
before October 1st of the ending Contract Year of its intent not
to enter into the Renewal Option for the next Contract Year
and, if such notice is given, the Agreement shall expire on
December 31st of the respective Contract Year.
Each Renewal Option shall continue in full force and effect for the
period commencing January 1st of the new Contract Year through
December 31st of the respective Contract Year. All Terms and
provisions of this Agreement shall remain in full force and effect
throughout each Renewal Option. The Parties hereby agree that the
County shall not be liable to the Concessionaire or any of its officers,
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employees, agents or contractors at law or in equity for giving notice
and not entering into a Renewal Option.
2.1 Termination
2.1.1 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.
2.1.2 Termination for Cause.
This Agreement may be terminated in whole or in part, at any time,
by the County, upon thirty (30) 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 2.1. Representative reasons for “cause” include, but are
not limited to:
2.1.2.1 For any reason the real property reverts back to the agency from
which the respective patent was received.
2.1.2.2 New requirements make a continuation of the Agreement
infeasible, i.e. licensing or permitting requirements.
2.1.2.3 New Park operational or recreational requirements make a
continuation of the Agreement infeasible.
2.1.2.4 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.
2.1.3 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.
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2.1.4 Hold Over.
Should the Concessionaire, with the consent of the County, continue
to provide the services described herein after the expiration of the
Term or Renewal Option, 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. The term of the
hold over shall not exceed a period of ninety (90) days.
2.2 Default, Insolvency, Remedies.
2.2.1 Default by the Concessionaire.
It shall be a default and breach of this Agreement if any of the following
shall occur at any time during the Term or Renewal Option:
2.2.1.1 The Concessionaire shall fail to make payment of any monetary
sums specified to be paid by the 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 the Concessionaire, or
2.2.1.2 The Concessionaire shall fail to observe or perform any of the
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 the
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 the 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
2.2.1.3 If a petition to have the 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 the Concessionaire or is filed or
instituted against the Concessionaire, debtor, and not be
dismissed within ninety (90) days from the date of such filing or
institution, or the Concessionaire fails to notify the County of any
such filing within twenty (20) days of the filing date of the petition,
or
2.2.1.3.1 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 the Concessionaire,
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and such appointment is not vacated within ninety (90)
days after the date of filing, or
2.2.1.3.2 The Concessionaire shall make any general assignment
for the benefit of creditors, or
2.2.1.3.3 The Concessionaire shall make any general assignment
for the benefit of creditors, or
2.2.1.3.4 All of the Concessionaire’s assets as an interest in the
Concession are subjected to attachment, execution or
other judicial seizure.
2.2.2 County’s Remedies on Default.
Upon default hereunder by the Concessionaire, the County shall be
entitled to exercise the following remedies:
2.2.2.1 On the giving of the notice of termination, all of the
Concessionaire’s rights in the Concession and under this
Agreement shall terminate. Termination under this Section
shall not relieve the Concessionaire from the payment of any
sums then due to the County or from any claim for damages
previously accrued or then accruing against the
Concessionaire. If the Agreement is terminated in
accordance with these provisions, the 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 the Concessionaire’s rights
hereunder and its interest herein.
2.2.2.2 The County may sue for specific performance and/or exercise
any other remedy available to the County at law or in equity.
2.2.3 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 2.2.3, the
Concessionaire may terminate this Agreement with thirty (30) days
written notice to the County.
2.3 Indemnification and Insurance.
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2.3.1 Indemnification.
2.3.1.1 In addition to the indemnification provisions provided for
elsewhere in this Agreement, the Concessionaire shall
indemnify and hold harmless the, the County, its
departments, agencies, officers and employees, from and
against all claims, demands, judgments, actions,
settlements, liens, penalties, damages, losses, injuries,
costs and expenses, including attorney’s fees and court
costs and court costs by third parties in connection with the
use and operation of facilities for the Concession or, 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.
2.3.1.2 The Concessionaire or any of its contractors or
subcontractors shall not have any authority to create any
lien against the County for labor, materials, or services
furnished by the Concessionaire, its contractors or
subcontractors. If, because of any act or omission (or
alleged act or omission) of the Concessionaire, any
mechanic’s, materialman’s or other lien, charge or order for
the payment of money shall be filed or recorded against the
County (whether or not such lien, charge or order is valid or
enforceable as such), the Concessionaire shall immediately
notify the County. The Concessionaire will, at its own
expense, cause the same to be canceled and discharged of
record within thirty (30) days after the Concessionaire will
have received notice of the filing thereof, or the
Concessionaire may, within said period of time, furnish to
the County a bond satisfactory to the County against said
lien, charge or order, in which case the Concessionaire will
have the right in good faith to contest the validity or amount
thereof.
2.3.1.3 The Concessionaire shall indemnify and hold harmless County,
its successors in interest and assigns, from any liability,
damage, expenses, costs or attorney(s’) fees incurred arising
from any and all claims as a result of the consumption of food
and beverage (alcohol and non-alcohol) sold by Concessionaire
or any of its agents, contractors, vendors, officers, employees,
assigns, designees or invitees due to the rights granted to the
Concessionaire pursuant to the terms of this Agreement or as a
result of any negligent act or omission by the Concessionaire or
any of its agents, contractors, vendors, officers, employees
assigns, designees or invitees.
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2.3.2 Insurance.
The Concessionaire shall maintain the following insurance coverage:
2.3.2.1 General liability insurance: One million dollars ($1,000,000)
per occurrence; Two million dollars ($2,000,000) per
aggregate.
2.3.2.2 Additional insured status with an endorsement as broad as
ISO Additional Insured Endorsement CG20101185.
2.3.2.3 Vehicle liability: Five hundred thousand dollars ($500,000)
combined single limit for all vehicles.
2.3.2.4 Statutory workers’ compensation and employer’s liability of
five hundred thousand dollars ($500,000) per accident, five
hundred thousand dollars ($500,000) per disease and five
hundred thousand dollars ($500,000) disease policy limits.
2.3.2.5 Waiver of subrogation/recovery against the County to be
included in all policies.
2.3.2.6 Coverage must include environmental clean-up unless
documentation is provided by the Concessionaire that this
is not available or feasible.
2.3.3 Additional Requirements.
The County and Bureau of Land Management 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 (COI) 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.
2.4 Compliance.
2.4.1 The Concessionaire hereby agrees and shall comply with all
applicable federal, state, county and city statutes, laws, ordinances,
rules, policies, regulations and instructions, including Maricopa
County Parks and Recreation Department’s rules and regulations
(attached as Exhibit 2.4 Park Rules), in effect now or as may be
amended or added, which apply to the management, operation and
maintenance of the Concession and to keep fully informed of, and in
compliance with, any changes or revisions thereto. .
2.4.2 Maricopa County has issued Policy A1515, Acceptance of Gifts by
County Employees is Prohibited. It has been Maricopa County’s
policy that employees may not accept any gifts or favors that would
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lead toward favoritism or the appearance of favoritism. Similarly,
Arizona law prohibits County employees and members of boards,
committees, and commissions from receiving anything of value or
any compensation other than their normal salary for any service
rendered in connection with that person’s duties with Maricopa
County. (See A.R.S 38-505). Further, in compliance with the
Maricopa County Solicitation Policy #A1515, authorization for Parks
and Recreation Department Staff and Volunteers to accept
concessionaire opportunities for the purpose of education is
allowable upon advanced written authorization by the Director of
Maricopa County Parks & Recreation or his or her designee.
2.5 Assignment.
The Concessionaire may not assign or subcontract any of the Concessionaire’s
rights or interests in the Agreement without prior written approval of the Director
of MCPRD as an administrative action and such approval shall be at the
discretion of the County.
2.6 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.
2.7 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.
2.8 Employer Sanctions Law and Employment Eligibility.
2.8.1 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;
2.8.2 That a breach of a warranty under Subsection A above, shall be deemed
a material breach of the contract that is subject to penalties up to and
including termination of the contract; and
2.8.3 That the contracting government entity retains the legal right to inspect
the papers of any Concessionaire or sub-concessionaire’s employee who
works on the contract to ensure that the Contractor or subcontractor is
complying with the warranty provided under Subsection A above and that
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the Concessionaire agrees to make all papers and employment records
of said employee(s) available during normal working hours in order to
facilitate such an inspection; and
2.8.4 That nothing herein shall make any Concessionaire or sub-
concessionaire an agent or employee of the contracting government
entity; and
2.8.5 The Concessionaire warrants that it is in compliance with verification of
employment eligibility and E-Verify Program.
2.9 Taxes.
2.9.1 The Concessionaire shall pay taxes of whatever character which may be
levied or charged upon:
2.9.1.1 The Concessionaire’s rights under this Agreement; or
2.9.1.2 Upon the Concessionaire’s furniture, equipment or other
property; or
2.9.1.3 Upon the Concessionaire’s operations under this Agreement.
2.9.2 No leasehold or other real property interest is being created or conveyed
upon which tax consequences may exist.
2.10 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 this warranty, County shall have the right, as
its exclusive remedy, to recover the full amount of such commission, percentage,
brokerage or contingency fee.
2.11 Organization – Employment Disclaimer.
2.11.1 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.
2.11.2 The Parties agree that no person(s) 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 person(s).
2.11.3 The Concessionaire shall have total responsibility for determining
employee eligibility, all salaries, wages, insurance or any type, bonuses,
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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.
2.12 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.
2.13 Agent, Employees, Contractors, Subcontractors.
The Concessionaire will ensure full compliance with all applicable Terms and
Renewal Options 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.
2.14 Paragraph/Section Headings.
The paragraph or section headings used in this Agreement are for the purpose of
convenience of reference only. They will not be construed in any manner, or to
any extent, to limit or to extend the effect or meaning of the terms and provisions
contained thereunder.
2.15 Severability/Validity.
The Parties intend for this Agreement to comply with applicable laws. If any
provision of this Agreement is determined to be invalid, void, or illegal, then such
determination shall not affect, impair, or invalidate any other provision hereof, the
remaining provisions shall remain in full force and effect and the Parties shall use
their commercially reasonable efforts to restate the invalid provision to the end
that it complies with applicable laws.
2.16 Suspension and Debarment and Executive Orders 12549 and 12689.
2.16.1 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
exceed twenty five thousand dollars ($25,000) and sub-awards to sub-
recipients), the Federal Entities are prohibited from contracting with or
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making sub-awards under covered transactions to Parties that are
suspended or debarred or whose principals are suspended or debarred.
2.16.2 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.
2.17 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.
2.18 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.
2.19 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.
2.20 Conflict of Interest.
The Parties acknowledge that this Agreement is subject to cancellation pursuant
to the provisions of A.R.S. §38-511(A) which reads that “The state, its political
subdivisions or any department or agency of either may, within three years after
its execution, cancel any contract, without penalty or further obligation, made by
the state, its political subdivisions, or any of the departments or agencies of
either if any person significantly involved in initiating, negotiating, securing, draft
creating the contract on behalf of the state, its political subdivisions or any of the
departments or agencies of either is, at any time while the contract or any
extension of the contract is in effect, an employee or agent of any other party to
the contract in any capacity or a consultant to any other party of the contract with
respect to the subject matter of the contract.”
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3. 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 the 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 the County.
The Concessionaire and the County have reviewed this Agreement and have had
the opportunity to have it reviewed by legal counsel.
4. 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.
5. 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.
6. 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”).
7. 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.
8. Legal Effect of the Agreement.
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This Agreement is terminable only in accordance with the express and specific
provisions hereof. This Agreement does not create a leasehold estate and the
County shall at all times remain the patent holder of the real property.
9. Delegation of Authority.
The Department Director or his or her designee, 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.
10. Representation and Warranties of County.
10.1 The County represents and warrants to the Concessionaire that the
following statements are true, correct and complete:
10.1.1 The County has complete and full authority to execute this
Agreement and to grant to the Concessionaire the rights
contemplated by this Agreement. All governmental actions required
to be taken by the County to authorize execution of this Agreement
by the County and performances by the County of its obligations
hereunder have been taken and this Agreement is binding upon and
enforceable against the County in accordance with its terms; and,
10.1.2 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.
10.2 In the event of a breach of a representation or warranty as set forth herein,
the Concessionaire shall notify the County of same and deliver to the County
such information as is necessary to enable the County to remedy the
breach. The Concessionaire shall cooperate with the County to remedy the
breach.
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11. 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, emailed and copied signatures, are acceptable as original
signatures.
12. 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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EXHIBIT 1.0 System, Services, Operations, and Maintenance
Exhibit 1.0 System, Services, Operations, and Maintenance as stated herein, provides the
working document for the systems, services provided, daily operation and maintenance
parameters that will be reviewed annually, no later than December 31 of each year, as part of
the Annual Management Plan (AMP) pursuant to the terms of the Agreement.
1. Although not specific of the Concession operations, the Concessionaire is restricted to
designated trails and will not leave the designated trails and/or designated event areas
(ie boat ramps, ramadas, etc) and conduct events in the open desert. The
Concessionaire is not allowed to create new trails or create trail shortcuts without the
approval of the Park Supervisor.
2. System Maps:
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EXHIBIT 1.0 System, Services, Operations, and Maintenance Continued
3. Parks Considered as part of this Agreement:
Lake Pleasant Regional Park
Park Notification Numbers:
Lake Pleasant Regional Park: 928-501-1702
City Jurisdiction for Possible Business License:
Lake Pleasant Regional Park: Peoria
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EXHIBIT 1.0 System, Services, Operations, and Maintenance Continued
4. Services
Provide on-water activities to include off-site boat rentals and minor boat maintenance
which involve use of the waters located at Lake Pleasant Regional Park, located within
the Maricopa County Regional Parks.
4.1 The Concession provides drop off points for boats located in the areas
designated by the respective Park Supervisor at the Lake Pleasant Regional
Park. The Concessionaire shall be responsible for coordination of events with
each respective Park Supervisor.
4.2 The Concession provides minor boat repairs for boats located at Lake Pleasant.
Minor boat repairs as defined for purposes of this agreement include the repair of
props, batteries, starters, carburetor tuning among other minor repairs that does
not include full motor replacements or full dismantling of motors. Minor repairs do
not include any type of repairs that would risk contamination to the parking lot,
lake or shores. Care is to be provided to protect surfaces where repairs are
being made, i.e. mat under removal of batteries or any hazardous substance. All
discarded maintenance items (i.e. batteries) must be removed by
Concessionaire. No discarded items are to be left on site or in County
dumpsters. County will not be held responsible for damage to boats based on
the negligence of Concessionaire.
4.3 The Concessionaire is responsible for obtaining all required licenses, permits and
certificates; The Concessionaire is responsible for the filing of all tax-related
documents and payment of fees thereof.
4.4 All boating vessels must be properly licensed; have the required
permits/certificates and must be in compliance with U.S. Coast Guard standards;
and will operate only in areas authorized by the Park Supervisor or as otherwise
directed by representatives in authority, i.e. Maricopa County Sheriff’s Office,
Arizona Fish and Game Department. Vehicle and trailer parking will be in a
location authorized by the Park Supervisor.
4.5 Concessionaire shall furnish operations, services, facilities or maintenance as
stated herein and in the Agreement in a diligent, professional and creditable
manner satisfactory to the County. There will be no additional services or
products dispensed other than stated in this Exhibit.
5. Operations
5.1 The AMP will provide the overarching department guidance. The Park
Supervisor will be responsible for specific coordination to include, but not limited
to the following:
5.1.1 The Concessionaire shall be responsible for coordination of pick-up
points with Park Supervisor. The Park Supervisor will accommodate
dependent upon availability.
EXHIBIT 1.0 System, Services, Operations, and Maintenance Continued
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5.1.1.1 Participants for loading and unloading from boat, from the 10 lane
boat ramp, must be coordinated with Park Supervisor and will be
restricted to areas designated by the Park Supervisor.
5.1.1.2 Concessionaire will not be allowed to block the use of the 10 lane
launch ramp while waiting for participants to arrive.
Concessionaire can stay in the “no-wake” area until guests arrive
and then may tie off at dock.
5.1.1.3 Concessionaire will not be allowed to do repairs at 10 lane launch
ramp or at dock.
5.1.1.4 Site selection will consider factors including, but not limited to,
required facilities needed to support operations; other activities or
concessions during the same period; the nature of the event to be
supported, etc.
5.2 Concessionaire’s locations for group gathering shall be arranged and
coordinated through Park Supervisor prior to an activity. If groups regularly
gather at locations and it is determined by the Park Supervisor that adverse
impact is being caused to an area, such gatherings may be halted or confined to
designated areas.
5.2.1 The Concession will operate only in areas authorized by the Park
Supervisor or as otherwise directed by representatives in authority, i.e.
Maricopa County Sheriff’s Office, Arizona Fish and Game Department.
Entering into this Agreement does not construe that Concessionaire is
allowed exceptions to access closed areas of Lake Pleasant nor does it
allow for extended use of the 10 or 4 lane launch ramp, special parking or
boat docks.
5.2.2 The Concessionaire’s and vehicles and equipment will park only in areas
designated by the Park Supervisor. There will be no parking of vehicles
or equipment off of designated roadways or in the open desert areas
unless authorized by Park Supervisor.
5.2.3 Camping or facilities such as ramadas or other structures in support of
planned events, will require reservations and pay the established fee, no
more than two (2) years in advance. Rental will be based on availability;
the Concessionaire’s request does not take precedence over other
patrons desiring to rent like camping or facilities.
5.3 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, such as but not limited to life jackets and necessary safety gear.
The Concessionaire agrees to maintain the Concession equipment in a manner
to ensure safe operation for the guests.
EXHIBIT 1.0 System, Services, Operations, and Maintenance Continued
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5.4 The Concessionaire is responsible for providing emergency communication with
Park Supervisor
5.5 In event an unsafe operation of the Concessionaire 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, lost revenue, wages or other compensation which may be claimed by
the Concessionaire.
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EXHIBIT 1.0 System, Services, Operations, and Maintenance Continued
5.6 Restricted (Not Authorized) Services. 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.
6. Maintenance
6.1 Waste water and other liquids generated as a result of Concessionaire’s
operation will be properly disposed of. Liquids will not be drained directly onto the
ground. 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.
6.2 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 Concession Site.
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Exhibit 1.1.3.2 Administrative Functions
Exhibit 1.1.3.2 Administrative Functions as stated herein, provides the working document for
the daily administration parameters that will be reviewed annually, no later than December 31 of
each year, as part of the Annual Management Plan (AMP) pursuant to the terms of the
Agreement.
The Concessionaire shall provide administrative functions as stated herein and in the
Agreement in a diligent, professional and creditable manner satisfactory to the County in
compliance with all applicable statutes, laws, ordinances, rules and regulations.
1. 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 Park Supervisor of the quality of operation of the Concession; the Contract
Administrator for MCPRD 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 AMP,
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 evaluation process. Failure to correct deficiencies will result in default on
the part of the Contractor of which Section 2.1 will apply.
2. Equipment
All equipment is either provided by the participant or the staff representing the
Concessionaire. The Concessionaire agrees to maintain the Concessionaire’s
equipment in a manner to ensure safe operation for the guests.
3. Licenses, Permits
3.1 The Concessionaire is responsible for obtaining all required licenses, permits and
certificates for services offered.
3.2 The Concessionaire’s boat must be properly licensed; have the required
permits/certificates, including all required Health Permits (if applicable); must be
in compliance with U.S. Coast Guard standards; captaining of boats will require
Merchant Mariner Credentials issued by United States Coast Guard.
3.3 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.
4. Operation of Similar Concessions.
4.1 The County may operate or permit the operation of similar concessions that offer
“like” services throughout the System. At the option of the County, similar
concessions may be operating during the same event.
Exhibit 1.1.3.2 Administrative Functions - continued
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4.2 The County does not guarantee the Concessionaire any minimum number of
events throughout the Contract Year or any guaranteed revenue amount
throughout the Contract Year.
5. 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 by the
Parties.
6. Park Closure.
The County reserves the right to close any area of the Park, including the area in which
the Concession is located and operated, 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 or area of operation, 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, or closure that may
be deemed necessary due to resource management, such as Eagle closure, habitat
development, species management, including Federal Regulations at Lake Pleasant,
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.
7. Public Access.
7.1 The Concessionaire may restrict public access within the Concession during
hours of operation and non-operation for reasons of security or health and safety.
7.2 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. The 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.
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EXHIBIT 1.1.3.3 Accounting and Fees
Exhibit 1.1.3.3 Accounting and Fees as stated herein, provides the working document for the
overall financial parameters that will be reviewed annually, no later than December 31 of each
year, as part of the Annual Management Plan (AMP) pursuant to the terms of the Agreement.
The accounting and fee parameters provides the administrative procedures for payments of
annual and minimum fees, payment of utilities. All fee, payment and fund structures as defined
below may be adjusted annually as per the AMP.
1. Admission and Park Entrance Fees
1.1 The Concessionaire is responsible for the management and collection of all fees
for their events or programs.
1.2 Users of the Concession will be required to pay the Park Entrance Fee upon
each entry to the Park unless in possession of a valid annual pass.
1.3 The Concessionaire is required to pay the Park Entrance Fee unless in
possession of an annual pass (“CMCA Pass”) see Section 1.2 below
2. Concessionaire Annual Pass
2.1 A Concessionaire Annual pass will be issued in conjunction with this agreement.
The pass is restricted for business use only; using the pass for any reason
beyond business operations may result in revocation of privileges, including
termination of your contract.
2.2 One pass will be issued for each Concession contract free of charge, additional
passes (i.e. tour guides) will be $ 3.00 each yearly. Provided you remain in good
standing, the pass will remain valid as long as you are an approved vendor with
MCPRD.
3. Accounting Records.
3.1 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 once per
Contract Year.
3.2 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.
EXHIBIT 1.1.3.3 Accounting and Fees - Continued
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4. Fee and Revenue Reporting.
4.1 Fees.
During the term of this Agreement, the Concessionaire will pay the County a fee
schedule as outlined in in this Exhibit. By definition, the fee is defined as the
payment due County (“Fee”). This fee structure is subject to change upon review
of the AMP and/or contract renewal.
4.2 Attendance and Revenue Statement and Fee Payments.
4.2.1 An Attendance and Revenue Statement (“Statement”) is a form mutually
agreed upon between the County and Concessionaire will be used to
report participants and gross revenue (defined in Section 4.2.8 below)
collected by the Concessionaire. Statement shall be in the following
format:
ATTENDANCE AND REVENUESTATEMENT
CONCESSIONAIRE NAME: PERFECT BOAT RENTALS
Quarterly Reporting Period: _________________________________
Event Date Participant Count 20% Gross Revenue
Total Due Parks ($3.00 per participant or
8% Gross Revenue, whichever is greater:
4.2.2 If no events were held or revenue generated during the Reporting Period,
the Concessionaire is still required to submit the Attendance Statement;
however indicate “No Events Held or Revenue Generated During this
Reporting Period”.
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EXHIBIT 1.1.3.3 Accounting and Fees - Continued
4.2.3 Fee Reporting and Payment Schedule shall be due as listed in the table
below. 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.
Attendance & Fee Payment
Period Revenue Statement Date Due
Date Due County County
July 1st – September 30th October 10th October 15th
October 1st – December January 10th January 15th
31st
January 1st – March 31st March 10th April 15th
April 1st – June 30th July 10th July 15th
4.2.4 Fee Payments (unless called in with Credit Card) and Statements are to
be emailed or mailed to:
Maricopa County Parks & Recreation Department
Attn: Contract Administrator
41835 N. Castle Hot Springs Road
Morristown, AZ 85342
Email: emilymiller@mail.maricopa.gov
Phone: (928) 501-9211
Do not send Payments and Attendance and Revenue Statements
directly to the individual Park.
4.2.5 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.
4.2.6 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.
4.2.7 Concessionaire will pay County the following fees according to the
payment schedule listed below. Payments accepted by credit card,
checks or money orders, made payable to Maricopa County Parks &
Recreation Department per Section 4.2.4 above.
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EXHIBIT 1.1.3.3 Accounting and Fees - Continued
Fee Amount
Administrative Fee (Initial and Each Amendment) $150.00
Participant Fee 20% Gross Revenue
Camping Permits Current fees listed on MCPRD website
Ramada Reservations Current fees listed on MCPRD website
for actual hours of event usage (not
including setup & teardown)
CMCA Annual Pass (one free) – Each additional pass $3.00 each
4.2.8 The Administrative Fee, by definition, is the fee assessed by the County
for the initial development of the Agreement; subsequent Amendments
and management of the Agreement. The Administrative Fee is payable
upon the Concessionaire signing the initial Agreement or Amendments to
Agreement, 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 Amendment is not executed by the Board, the
Administrative Fee will be refunded to the Concessionaire; otherwise, the
Administrative Fee is non-refundable.
4.2.9 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 above in Section 3.2.2. By definition, Gross Revenue
is all revenue collected in supported of the Concession operation with no
authorized deductions.
4.2.10 A Concessionaire Annual pass will be issued in conjunction with this
agreement. One pass will be issued for each Concession contract free of
charge, additional passes will be $ 3.00.
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Exhibit 1.2 Safety
The Concessionaire is responsible for ensuring that adequate safety measures and personnel
are on-site for all events as defined in the Agreement and per Exhibit 1.0 Facilities, Services,
Operations and Maintenance. All activities and events conducted by the Concessionaire will
be conducted in conformance with all relevant industry standards and in compliance with all
applicable federal, state and local statutes, regulations and ordinances relating to safety.
1. The Concessionaire is responsible for providing guides or staff trained in emergency
medical services or procedures on each event. Guides will have with them first aid kits
and other items needed to perform emergency medical services and in a quantity
sufficient for the group size. Guides or staff will be knowledgeable in the treatment of or
prevention of inadequate hydration, over exertion, mechanical problems, unsafe acts,
etc.
2. The Concessionaire is responsible for providing emergency communication with either
the Concessionaire’s Headquarters or Park Supervisor for each guided event.
3. The County is not responsible for the providing of any security of the Concession Site.
4. Emergency Evacuation.
4.1 The Concessionaire will be required to take direction from the Park Supervisor in
event of emergency evacuation.
4.2 In event of evacuation, items needed to support the Concession may be directed
to remain on-site; the County will not be liable for any loss or damage incurred.
5. Accident Reporting.
The Concessionaire will immediately report to the County any event which results in
death or injury requiring medical transport or medical attention. Reporting will be to the
Park Supervisor or the Regional Superintendent and/or Parks Operation Manager in the
Park 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
designated person. 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.
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Exhibit 1.3 Marketing and Media
The Concessionaire is responsible for ensuring that all media, advertising materials and
marketing is family oriented and is reviewed and approved by MCPRD as noted herein. This
includes, but not limited to:
1. MCPRD or County will not provide promotion of this Concession on County
websites or social media.
2. 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.
3. Signs or other advertising posted on County land outside the Concession will be
subject to the County’s and any other applicable administrative agency’s
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.
4. The Concessionaire is not 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.
5. The Concessionaire will coordinate media releases with the County prior to
release. The Parks’ PIO will receive a copy of all press releases and media
distribution.
6. Logos and labels on the products dispensed will be limited to nutritional facts,
manufacturer information, the Concessionaire’s name and an encouraging
scripture. No other forms of advertising, brochures or material will be provided
by the Concessionaire.
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Exhibit 1.4 MCPRD Organizational Chart
RJ Cardin, Director
928‐501‐9200
rjcardin@mail.maricopa.gov
Operations and Facility Contract Administration Finance Department Marketing and Media
Management
Jennifer Waller Emily Miller Patty Sanford Dawna Taylor
Operations Manager Contract Administrator Financial Analyst Public Information Officer
928‐501‐9202 928‐501‐9211 928‐501‐9208 928‐501‐9204
jenniferwaller@mail.maricopa.gov emilymiller@mail.maricopa.gov pattysanford@mail.maricopa.go dawnataylor@mail.maricopa.go
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Exhibit 2.4 – 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
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Exhibit 3.4 – 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 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-112Camping
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-117Interference 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
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