CMCA WITH ARIZONA HIKE BIKE AND BOARD.PDF

Commercial Management Concessions Agreement
Between
Maricopa County
And
Arizona Hike Bike and Board, LLC
To Manage, Operate and Maintain a Commercial
Concession within the Maricopa County Regional
Park System

TABLE OF CONTENTS
Cover Page ……………………………………………………………… 00
Table of Contents………………………………………………………………… 01
Recitals……………………………………………………………………………………… 04
Agreement………………………………………………………………………………… 04
1. General Terms…………………………………………………………………. 05
1.1 Scope ………………………………………………………………………… 05
1.2 Operational Area…………………………………………………………….. 05
1.3 Other Concession Activities………………………………………………... 05
1.4 Annual Pass………………………………………………………………….. 05
2. Term and Termination....……………………………………………………….. 05
2.1 Effective Date…………………………………………………………………. 05
2.2 Contract Year………………………………………………………………… 05
2.3 Term and Renewal Option……………………………………………………. 05
2.4 Ownership of Property and Equipment upon Expiration or Termination … 06
2.5 Termination due to Conflict of Interest ……………………………………… 06
2.6 Termination for Cause ………………………………………………………... 06
2.7 Termination by the Concessionaire ………………………………………… 06
2.8 Holder Over…………………………………………………………………….. 06
3. Accounting and Fees……………………………………………………………… 07
3.1 Accounting Records…………………………………………………………… 07
3.2 Fee and Revenue Reporting……………………………………………… 08
4. Services and Facilities …………………………………………………………. 09
4.1 Services and Facilities……………………………………………………… 09
4.2 Performance Standards…………………………………………………… 09
4.3 Operation of Similar Concessions ………………………………………… 09
4.4 Operating Season……………………………………………………………. 09
4.5 Emergency Evacuation …………………………………………………….. 09
5. Operations, Maintenance, Improvement, Construction and Utilities… 10
5.1 Operations………………………………………………………………… 10
5.2 Maintenance ……………………………………………………………… 10
5.3 Improvements and Construction………………………………………… 10
5.4 Utilities……………………………………………………………………… 10
5.5 Condition of Property……………………………………………………… 10
5.6 Environmental Compliance………………………………………………… 11
6. General Provisions……………………………………………………………… 11
6.1 Indemnification and Insurance……………………………………………… 11
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Table of Contents (Continued)
6.2 Default, Insolvency, Remedies………………………………………… 13
6.3 Assignment……………………………………………………………………… 15
6.4 Park Closure …………………………………………………………………… 15
6.5 Compliance……………………………………………………………………… 15
6.6 Public Access…………………………………………………………………… 16
6.7 Accident Reporting……………………………………………………………….16
6.8 Concession Site Occupancy…………………………………………………… 16
6.9 Advertising and Media Releases……………………………………………… 16
6.10 Notices, Current Addresses and Points-of Contact…………………………. 17
6.11 Equal Opportunity Employment Requirements……………………………… 17
6.12 Immigration Reform Act of 1986 (I.R.C.A.) …………………………………. 17
6.13 Employer Sanctions Law ……………………………………………………… 18
6.14 Taxes…………………………………………………………………………….. 18
6.15 Covenants against Contingent Fees…………………………………………. 19
6.16 Organization – Employment Disclaimer……………………………………… 19
6.17 Waiver…………………………………………………………………………… 19
6.18 Agent, Employees, Contractors, Subcontractors…………………………… 19
6.19 Suspension and Debarment and Executive Orders 12549 and 12689….. 20
6.20 Consents and Approvals……………………………………………………… 20
6.21 Further Assurances; Cooperation……………………………………………. 20
6.22 No Third Party Beneficiaries…………………………………………………….20
6.23 Right of Entry…………………………………………………………………… 20
7. Entire Agreement; Modification…………………………………………………. 21
8. Attorney Fees……………………………………………………………………….. 21
9. Severability…………………………………………………………………………….. 21
10. Force Majeure……………………………………………………………………….....22
11. Authority ……………………………………………………………………………… 22
12. Legal Effect of the Agreement……………………………………………………. 21
13. Delegation of Authority ……………………………………………………………. 22
14. Representation and Warranties of County…………………………………….. 22
15. Counterparts ………………………………………………………………………… 22
16. Time is of the Essence……………………………………………………………… 22
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Table of Contents (Continued)
Exhibit 1.1 – Regional Park System ………………………………………………………… 24
Exhibit 3.2.1 – Fee Reporting and Payment Schedule…………………………………… 26
Exhibit 3.2.2 – Attendance and Revenue Statement …………………………………… 28
Exhibit 4.1 – Services and Facilities ……………………………………………………… 30
Exhibit 4.1.1 – Products to be Dispensed ……………………………………………….. 32
Exhibit 5.1.3 – Operational Constraints and Requirements …………………………… 33
Exhibit 6.5 – Park Rules……………………………………………………………………….. 36
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CMCA Arizona Hike Bike and Board, LLC.

Commercial Management Concessions Agreement
Between
Maricopa County
And
Arizona Hike Bike and Board, LLC
For the Management, Operation and Maintenance of a Commercial Concession within the
Maricopa County Regional Park System
This Commercial Management Concessions Agreement hereinafter referred to as
“Agreement,” is entered into between Maricopa County, a political subdivision of the State of
Arizona (hereinafter referred to as “County,”) and Arizona Hike Bike and Board, LLC, (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 the Maricopa County Regional Park System (“System); and
WHEREAS, the County believes the public interest can best be served by contract operation of
the Concession lying within the areas known as the Maricopa County Regional Park System; and
WHEREAS, the Parties agree the intent of this Agreement is solely for the operation,
management and maintenance of the Concession described within this Agreement and is not
intended to convey any interests in any property rights.
AGREEMENT
NOW THEREFORE, in consideration of the mutual representations, warranties, covenants and
agreements hereinafter contained, the County and the Concessionaire agree as follows:
1. General Terms.
1.1 Scope
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The County hereby grants the Concessionaire the right to manage, operate, and
maintain guided events such as hiking, mountain biking, and fishing activities
Concession (“Concession”) 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 parks: Adobe Dam Regional Park, Buckeye Hills
Regional Park, Cave Creek Regional Park, Estrella Mountain Regional Park, Lake
Pleasant Regional Park, McDowell Mountain Regional Park, San Tan Mountain
Regional Park, Usery Mountain Regional Park and White Tank Mountain 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 Operational Area.
The Park Supervisor will coordinate with the Concessionaire as to the area of the Park
where the Concession will be operated from. Site selection will consider 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.
1.3 Other Concession Activities.
The Concessionaire shall be restricted to Concession activities as stated in this
Agreement.
1.4 Concessionaire Annual Pass
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.
One pass will be issued for each Concession contract free of charge, additional passes
(i.e. tour guides) will be $ 3.00 each. The pass(es) will expire at the end of your
contract period yearly. Provided you remain in good standing, the pass will remain valid
as long as you are an approved vendor with Maricopa county Parks and Recreation.
2. Term and Termination.
2.1 Effective Date.
The effective date of this Agreement will be from the date executed by the Maricopa
County Board of Supervisors (the “Effective Date”).
2.2 Contract Year.
Contract Year 1 of this Agreement will be from the Effective Date through December 31,
2015. Subsequent Contract Years will be from January 1st through December 31st.
2.3 Term and Renewal Option.
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The term for this Agreement will be for a period from the Effective Date through
December 31, 2015. (the “Term”). Beginning on January 1, 2016, this Agreement shall
automatically renew for ten (10) additional terms of one (1) year each (“Renewal
Option”) unless 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, employees, agents or contractors at law or in equity for giving notice and not
entering into a Renewal Option.
2.4 Ownership of Property and Equipment upon Expiration or Termination.
2.4.1 Upon expiration, or termination, all property and equipment brought on to the
Concession Site by the Concessionaire in support of the Concession will be
removed from the Site within a period of forty eight (48) hours and the site
cleaned of all garbage and debris and restored to a condition acceptable to
the respective Park Supervisor unless otherwise authorized, in writing, by said
Park Supervisor. Any property or equipment of the Concessionaire not
removed within said forty eight (48) hour period shall be deemed to have been
abandoned by the Concessionaire and the County may use it or dispose of
such property or equipment in any fashion it may deem desirable. The
Concessionaire shall be solely responsible for paying any and all reasonable
costs incurred by the County to remove any property, equipment, garbage or
debris required to be removed by the Concessionaire hereunder which the
Concessionaire fails to remove within the time herein described.
2.4.2 The Concessionaire will be required to restore any modifications to existing
park utilities, buildings, roads, parking lots and other infrastructure to its
original condition upon occupation of the Site within forty eight (48) hours of
expiration or termination of the Agreement. Any restoration not completed
within forty eight (48) hours of expiration or termination of the Agreement shall
permit the County to complete the required actions. The Concessionaire shall
be solely responsible for paying any and all reasonable costs incurred by the
County.
2.4.3 The Concessionaire, upon expiration or termination, will retain ownership of all
personal property and equipment used in support of Concession operations.
No property or equipment will be stored with the boundary of the Park
throughout the term of the Agreement.
2.5 Termination due to Conflict of Interest.
The Parties acknowledge that this Agreement is subject to cancellation pursuant to the
provisions of A.R.S. §38-511.
2.6 Termination for Cause.
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This Agreement may be terminated in whole or in part, at any time, by the County, upon
fifteen (15) days prior notice to the Concessionaire without any penalty or liability to 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, Bureau of Reclamation, or its employees, agents, officers, directors, members,
successors or assigns from or relating in any way to the County’s termination of this
Agreement pursuant to this Section 2.6. Representative reasons for “cause” include,
but are not limited to:
2.6.1 New requirements make a continuation of the Agreement infeasible, i.e.
licensing or permitting requirements.
2.6.2 New Park operational or recreational requirements make a continuation of the
Agreement infeasible.
2.6.3 Unsatisfactory performance on the part of the Concessionaire or failure to
comply with the provisions of this Agreement. 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.
2.7 Termination by the Concessionaire.
The Concessionaire may terminate this Agreement without cause by providing advance
written notice of the intent to terminate. The Concessionaire must provide notice of
termination in writing a minimum of thirty (30) days in advance of the requested
termination date. The notice of termination will be effective providing that there are no
outstanding fees or other outstanding duties of the Concessionaire. If outstanding fees
or requirements do exist, the termination will be effective until all outstanding fees have
been paid and the requirements are satisfied.
2.8 Holder Over.
Should the Concessionaire, with the consent of the County, continue to provide the
services described herein after the expiration of the Term, without having entered into a
subsequent Agreement of like nature and content to this Agreement, such continued
service shall be deemed a holder over of the licensed facility on a month-to-month
basis, with all of the terms and conditions of this Agreement to continue in full force and
effect. The term of the holder over shall not exceed a period of ninety (90) days.
3. Accounting and Fees.
3.1 Accounting Records.
The Concessionaire will maintain an accounting system which conforms to the
Generally Accepted Accounting Principles (GAAP) and which accurately reflects the
results of the entire operation of the Concession. These financial records will be
retained for a seven (7) year period from the current Contract Year. These financial
records will be made available for inspection or audit by county, federal, or state
government, their agents or employees once per Contract Year.
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3.2 Fee and Revenue Reporting.
3.2.1 Administrative Fees and Additional Fees.
During the term of this Agreement, the Concessionaire will pay the County a
fee (“Fee”) as outlined in Exhibit 3.2.1 – Fee Reporting and Payment
Schedule.
3.2.2 Attendance and Revenue Statement.
An Attendance and Revenue Statement (a form mutually agreed upon
between the County and Concessionaire will be used to report participants
and gross revenue collected by the Concessionaire) will accompany the fee
payment. (See Exhibit 3.2.1 – Fee Reporting and Payment Schedule and
Exhibit 3.2.2 Attendance and Revenue Statement)
3.2.3 Checks or money orders for fee payment will be made payable to: Maricopa
County Parks and Recreation Department.
3.2.4 *Fee payment and Revenue Statement will be mailed to:
Maricopa County Parks and Recreation Department
Attn: Accounts Receivable
234 N. Central Avenue, Suite 6400
Phoenix, AZ 85004
*Do not send fee payment or reports directly to the Park
3.2.5 Late Payment Fee.
A Late Payment Fee shall be ten percent (10%) of the amount due. Invoiced
late fees are due the County by the Due Date stated on the invoice. Should
the County’s Due Date fall on a Saturday, Sunday or legal holiday, then the
Due Date shall be at the close of business on the first day thereafter which is
not a Saturday, Sunday or holiday.
3.2.6 Late Reporting Fee.
The County will invoice to the Concessionaire a Late Reporting Fee for
required reports not being received by the Due Date. (See Exhibit 3.2.1 –
Fee Reporting and Payment Schedule)
3.2.7 Failure to pay the required fees shall be considered a breach of this
Agreement. In the event of litigation to enforce this provision (collection or
default), the County is entitled to recover its attorney’s fees and costs in such
proceedings.
3.2.8 Audit Fee
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County has the right to audit payment records received for timeliness and
accuracy a minimum of once per Contract Year. Any fees determined to be
due County will be invoiced to the Concessionaire with payment due within
twenty (20) days. Should the Due Date fall on a Saturday, Sunday or legal
holiday, then said Due Date shall be at the close of business on the first day
thereafter which is not a Saturday, Sunday or legal holiday.
4. Services and Facilities.
4.1 Services and Facilities.
The Concessionaire is required to provide the services, facilities and amenities provided
in Exhibit 4.1 - Services and Facilities unless precluded by events of Force Majeure
(defined in Section 10). Changes from Exhibit 4.1 – Services and Facilities, as
published, shall require prior written approval of the County.
4.2 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 Maricopa County Parks and Recreation Department is responsible for
audits, a minimum of one time per Contract Year, of the Agreement to ensure
compliance with all terms of this Agreement and if areas are determined to be deficient,
these areas will be identified to the Concessionaire for correction. The Concessionaire
shall give full cooperation to the County in this evaluation process. Failure to correct
deficiencies will result in default on the part of the Contractor of which Section 6.2 will
apply.
4.3 Operation of Similar Concessions.
4.3.1 The County may operate or permit the operation of similar concessions that
offer “like” services throughout the Parks System. At the option of the County,
similar concessions may be operating during the same event.
4.3.2 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.
4.4 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.
4.5 Emergency Evacuation.
The Concessionaire will be required to take direction from the Park Supervisor in event
of emergency evacuation. In event of evacuation, items needed to support the
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Concession may be directed to remain on-site; the County will not be liable for any loss
or damage incurred.
5. Operations, Maintenance, Improvements, Construction and Utilities.
5.1 Operations.
5.1.1 The Concessionaire is responsible for all operational costs associated with the
Concession.
5.1.2 The Concessionaire shall be required, at Concessionaire expense, to obtain
all required permits and licenses necessary for any planned operations
.
5.1.3 Operational Constraints and Requirements. (See Exhibit 5.1.3 – Operational
Constraints and Requirements)
5.2 Maintenance.
5.2.1 The Concessionaire is responsible for all maintenance costs associated with
the Concession.
5.2.2 The Concessionaire shall provide, at its own expense, all equipment,
furnishings and supplies necessary to fulfill its obligations under the terms and
conditions of this Agreement.
5.2.3 The Concessionaire agrees to maintain the Concession Site, property and
equipment so that there is a neat, presentable appearance at all times.
5.3 Improvements and Construction.
No site improvements or construction will be completed by the Concessionaire that will
be permanent in nature or that will require formal planning and permitting. Temporary
structures, i.e. shade structures, tables, etc. will require the approval of the Park
Supervisor and will be removed upon completion of each day’s activity at the
Concession Site.
5.4 Utilities.
The County does not agree to provide any parking, water or other utilities or amenities to the
Concessionaire beyond what is currently available to users of the Park. The County will not
provide access to electricity. The County will not provide or relocate restroom facilities for use by
the Concessionaire beyond what is currently available to users of the Park.
5.5 Condition of Property.
The Concessionaire agrees to accept the property on which the Concession will be
operated in its condition as of the Date of Occupation, “as is”. The County does not
imply or provide any warranty with respect to the physical aspects of the operation site
except as set forth herein. “Date of Occupation” is defined as the date the
Concessionaire physically occupies the operation site. In addition, the Concessionaire
acknowledges that conditions and availability of portions of the Park are subject to
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change due to changing water levels, scheduled activities, safety considerations and
other factors. County does not provide any warranty concerning the availability of any
portion of the Park.
5.6 Environmental Compliance.
5.6.1 The Concessionaire will be responsible for ensuring compliance with the
Maricopa County air, water and waste control regulations as well as any other
applicable federal, state and local statutes, regulations and ordinances as they
pertain to environmental protection for their areas of responsibility within the
Concession.
5.6.2 Management and proper disposal of all hazardous material is the
responsibility of the Concessionaire. The Concessionaire must keep
appropriate and required documentation relating to the management and
disposal of all hazardous material.
5.6.3 The Concessionaire will report to the County within twenty four (24) hours of
knowledge of any event or occurrence at the Concession Site which may or
does result in pollution or contamination affecting lands, water or facilities
owned or managed by the County.
5.6.4 Waste water and other liquids generated as a result of Concessionaire
operation will be properly disposed of. Liquids will not be drained directly unto
the ground.
5.6.5 The Concessionaire shall protect, defend, indemnify and hold harmless the
County and Bureau of Reclamation from and against any and all liabilities,
costs, charges and expenses, including civil or criminal penalties, arising out
of, or related to, an activity involving or use of a regulated substance under
any applicable federal, state, or local environmental laws, regulations,
ordinances or amendments thereto because of:
A. Any such substance that came to be located on the Concession Site due
to the Concessionaire’s use or occupancy of the Concession Site after
occupation of the Concession Site in support of an event; or
B. Any release, threatened release or escape of any substance in, on, under
or from the Concession Site to the extent that it is caused by any willful
conduct, action or negligence of the Concessionaire.
6. General Provisions.
6.1 Indemnification and Insurance.
6.1.1 Indemnification.
A. In addition to the indemnification provisions provided for elsewhere in this
Agreement, the Concessionaire shall indemnify and hold harmless the
Bureau of Reclamation, the County, its departments, agencies, officers
and employees, from and against all claims, demands, judgments, actions,
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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 construction, use, operation, expansion and
maintenance of facilities at the Concession Site.
B. 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.
C. The Concessionaire agrees to indemnify and hold harmless the County, its
departments, agencies, officers and employees, from and against any and
all claims, demands, actions, judgments, settlements, liens, penalties,
damages, losses , injuries, costs and expenses, including reasonable
attorney’s fees, arising out of or in any way caused by or related to any
activity, condition or event arising out of the performance or non-
performance of the provisions of this Agreement, except to the extent
caused by the gross negligence or willful misconduct of the County or any
of its departments, agencies, officers, employees or agents.
6.1.2 Insurance.
The Concessionaire shall maintain the following insurance coverage:
A. General liability insurance: One million dollars ($1,000,000) peroccurrence;
Two million dollars ($2,000,000) per aggregate.
B. Additional insured status with an endorsement as broad as ISO Additional
Insured Endorsement CG20101185.
C. Vehicle liability: Five hundred thousand dollars ($500,000) combined
single limit for all vehicles.
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D. 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.
E. Waiver of subrogation/recovery against the County to be included in all
policies.
F. Coverage must include environmental clean-up unless documentation is
provided by the Concessionaire that this is not available or feasible.
6.1.3 Additional Requirements.
The County will be named as “additional insured” under all policies of insurance
with the exception of Worker’s Compensation policy. In addition, the Bureau of
Reclamation will be named as “additional insured” for conducting business at
Lake Pleasant. 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.
6.1.4 Concessionaire Property Losses.
The Concessionaire assumes all risk of loss and shall be responsible for any
and all losses to the Concessionaire’s property and all Concessionaire
improvements within the Concession Site. Loss to the property may result from,
but is not limited to, theft, vandalism, fire and any fire-fighting activities (including
prescribed burns), landslides, rising waters, winds, falling limbs or trees and acts
of God.
6.2 Default, Insolvency, Remedies.
6.2.1 Default by Concessionaire.
It shall be a default and breach of this Agreement if any of the following shall
occur at any time during the Term:
A. 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.
B. 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
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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
C. If (i) 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 (ii) a
receiver, guardian, conservator, trustee or assignee, or any other similar
officer or person shall be appointed to take charge of all of the property of
the Concessionaire, and such appointment is not vacated within ninety (90)
days after the date of filing, or (iii) the Concessionaire shall make any
general assignment for the benefit of creditors, or (iv) all of the
Concessionaire’s assets located at the Concession Site or interest in the
Concession is subjected to attachment, execution or other judicial seizure.
6.2.2 County’s Remedies on Default.
Upon default hereunder by the Concessionaire, the County shall be entitled to
exercise the following remedies:
A. The County may, at the election of the County, terminate this Agreement by
giving the Concessionaire notice of termination. On the giving of the notice
of termination, all of the Concessionaire’s rights in the Concession and
under this Agreement shall terminate. Promptly after notice of termination,
the Concessionaire shall surrender and vacate the Concession Site, and the
County may re-enter and take possession of the Concession and eject all
parties in possession, or eject some and not others, or eject none.
Termination under this Section shall not relieve 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.
B. The County may sue for specific performance and/or exercise any other
remedy available to the County at law or in equity.
6.2.3 Concessionaire’s Remedies.
The County shall be in default under this Agreement if the County fails to
perform any of its obligations hereunder and such failure to perform continues
for a period of thirty (30) days after written notice thereof from the
Concessionaire to the County (unless such failure cannot reasonably be cured
within thirty (30) days, in which event the County shall have commenced to cure
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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 Section 6.2.3, the Concessionaire
may terminate this Agreement with ninety (90) days written notice to the County.
6.3 Assignment.
The Concessionaire may not assign or subcontract any of the Concessionaire’s rights
or interests in the Agreement.
6.4 Park Closure.
The County reserves the right to close any area of the Park, including the area in which
the Concession is located 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 resourse 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.
6.5 Compliance.
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 6.5 – Park Rules), in effect now or as may be amended or added,
which apply to the development, management, operation and maintenance of the
Concession and to keep fully informed of, and in compliance with, any changes or
revisions thereto. The Concessionaire shall also pay all taxes, assessments, fees and
other expenses of any nature associated with the Concession. This Concession will
operate in full compliance with the Maricopa County Environmental Health Code and all
other applicable regulations.
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 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 guided trail ride and other concessionaire
opportunities for the purpose of education is allowable. upon advanced written
authorization by the Director of Maricopa County Parks & Recreation.
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6.6 Public Access.
6.6.1 The Concessionaire may restrict public access within the Concession during
hours of operation and non-operation for reasons of security or health and
safety.
6.6.2 The Concession will be open to the public. No person shall be denied use of
the Concession because of race, sex, age, handicap, disability, color,
religion, sexual orientation or national origin. 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.
6.7 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 the event an unsafe operation of the Concession is
noted by the Park Supervisor or park staff, operation will immediately be suspended
until the risk or threat has been resolved to the reasonable satisfaction of the Park
Supervisor or park staff. Such suspension will be without liability to the County for any
compensation to the Concessionaire for losses, including, but not limited to, lost
income, wages or other compensation which may be claimed by the Concessionaire.
6.8 Concession Site Occupancy.
No equipment or property will be stored outside of the Concession Site.
6.9 Advertising and Media Releases.
The Concessionaire is responsible for handling Advertising and Media Releases
as they relate to this Agreement. This includes, but not limited to:
6.9.1 Advertisements, signs, circulars, brochures, letterheads and other media or
materials shall not misrepresent in any way the accommodations or services
provided as pertains to this Agreement.
6.9.2 Advertisements, signs, circulars, brochures, letterheads and other media or
materials shall not portray a message beyond the scope of this Agreement.
6.9.3 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.
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6.9.4 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.
6.9.5 Major Media Releases. The Concessionaire will coordinate media releases
with the County prior to release. The Parks’ Public Information Officer (PIO)
will receive a copy of all press releases and media distribution.
6.10 Notices, Current Addresses and Points-of-Contact.
All notices required or permitted under this Agreement shall be in writing and given by
(1) United States Post Office certified mail, return receipt requested, or by Email with
Electronic Return Receipt/Read acknowledgement, 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/accepted or
delivery is refused.
For the County: Maricopa County Parks & Recreation Department
Attn: Contract Administrator
41835 N. Castle Hot Spring Road-Unit Operation Center
Morristown, AZ 85342
E-Mail: emilymiller@mail.maricopa.gov
For the Concessionaire: Arizona Hike Bike and Board, LLC
Attn: Joe Spangler
13031 E. Cochise Rd
Scottsdale, AZ 85259
Telephone: 480-767-3151
E-Mail: joe@arizonahikebikeboard.com
Notifications required to be made to the Park Supervisor will be made telephonically to
the phone numbers listed in Exhibit 1. 1 – Regional Park System.
6.11 Equal Opportunity Employment Requirements.
The Concessionaire shall not discriminate against any employee or applicant for
employment because of race, age, handicap, disability, color, religion, sex, sexual
orientation or national origin. The Concessionaire shall comply with Title VI and Title
VII of the Federal Civil Rights Act; the Federal Rehabilitation Act; the Age
Discrimination in Employment Act; the Americans with Disabilities Act of 1990, A.R.S.
§41-1461 et. seq., A.R.S. §41-1492 et. seq., 29 U.S.C. §721 (Section 504), and Arizona
Executive Order 75-5 which mandates that all persons shall have equal access to
employment opportunities.
6.12 Immigration Reform and Control Act of 1986 (I.R.C.A.).
The Concessionaire understands and acknowledges the applicability of the I.R.C.A.
The Concessionaire agrees to comply with the I.R.C.A. and Arizona statutes, in the
performance of this Agreement and, upon request, permit the County to inspect
personnel records to verify such compliance.
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6.13 Employer Sanctions Law.
The Concessionaire warrants that it is in compliance with A.R. S. § 41-4401 and further
acknowledges:
6.13.1 That the Concessionaire and its subcontractors, if any, warrant their
compliance with all federal immigration laws and regulations that relate to
their employees and their compliance with A.R.S. §23-214, Subsection A;
6.13.2 That a breach of a warranty under Subsection A above, shall be deemed a
material breach of the Agreement that is subject to penalties up to and
including termination of the Agreement;
6.13.3 That the contracting government entity retains the legal right to inspect the
papers of any Contractor or subcontractor employee who works on the
Agreement to ensure that the Contractor or subcontractor is complying with
the warranty provided under Subsection A above and that the Contractor
agrees to make all papers and employment records of said employee(s)
available during normal working hours in order to facilitate such an
inspection;
6.13.4 That nothing herein shall make any Contractor or subcontractor an agent or
employee of the contracting government entity.
6.14 Taxes.
6.14.1 The Concessionaire shall pay taxes of whatever character which may be
levied or charged upon:
A. The Concessionaire’s rights under this Agreement; or
B. Upon the Concessionaire’s furniture, equipment or other property; or
C. Upon the Concessionaire’s operations under this Agreement.
6.14.2 No leasehold or other real property interest is being created or conveyed
upon which tax consequences may exist.
6.15 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, the County shall have the right, as its exclusive remedy, to recover the full
amount of such commission, percentage, brokerage or contingency fee.
6.16 Organization – Employment Disclaimer.
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6.16.1 The Agreement is not intended to constitute, create, give to, or otherwise
recognize a joint venture agreement or partnership or formal business
organization of any kind between the County and the Concessionaire and
the rights and obligations of the Parties shall be only those expressly set
forth in this Agreement.
6.16.2 The Parties agree that no persons supplied by the Concessionaire in the
performance of obligations under the Agreement are considered to be the
County’s employees and that no rights of the County’s civil service,
retirement, or personnel rules apply to such persons.
6.16.3 The Concessionaire shall have total responsibility for determining employee
eligibility, all salaries, wages, insurance or any type, bonuses, retirement
withholdings, worker’s compensation, other employee benefits and all taxes
and premiums appurtenant thereto concerning such persons and shall save
and hold the County harmless with respect thereto.
6.17 Waiver.
The waiver by either Party of any breach of any one or more of the covenants,
conditions or provisions of this Agreement shall not be construed to be a waiver of any
subsequent or other breach of said covenants, conditions or provisions of this
Agreement. Any failure on the part of either Party to require or exact full and complete
compliance with any of the covenants, conditions or provisions of the agreement shall
not be construed to, in any manner, change the terms hereof or preclude such Party
from enforcing the full provisions of this Agreement.
6.18 Agent, Employees, Contractors, Subcontractors.
The Concessionaire will ensure full compliance with all applicable terms and conditions
of this Agreement by its agents, employees and contractors (including sub-contractors
of any tier) and their respective employees. Failure or refusal of the Concessionaire or
its agents, employees, contractors, sub-contractors or their employees to comply with
these terms and conditions will be deemed a breach of this Agreement.
6.19 Suspension and Debarment and Executive Orders 12549 and 12689.
6.19.1 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 making sub-
awards under covered transactions to Parties that are suspended or
debarred or whose principals are suspended or debarred.
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6.19.2 Effective November 26, 2003, when a Non-Federal Entity (the County)
enters into a covered transaction with an Entity at a lower tier, the Non-
Federal Entity (the County) must receive verification that the Entity is not
suspended or debarred or otherwise excluded. As such, each prospective
concessionaire must submit a certification (e.g. certified letter) within sixty
(60) days of award that it is not currently under such suspension or
debarment. Requirements for suspension and debarment are contained in
the Federal codification of the government-wide non-procurement
debarment and suspension common rule, which implements Executive
Orders 12549 and 12689, Debarment and Suspension.
6.20 Consents and Approvals.
The Parties agree to act in good faith and with fair dealing with one another in the
execution, performance and implementation of the terms and provisions of this
Agreement. Whenever the consent, approval or other action of a Party is required
under any provision of this Agreement, such consent, approval or other action shall not
be unreasonably withheld, delayed or conditioned by a Party unless the provision in
question expressly authorizes such Party to withhold or deny consent or approval or
decline to take action in accordance with a different standard, in which case the consent
or approval or the decision to not take action may be withheld, delayed or conditioned in
accordance with the different standard.
6.21 Further Assurances; Cooperation.
Each of the Parties hereto shall execute and provide all additional documents and other
assurances that are reasonably necessary to carry out and give effect to the intent of
the Parties reflected in this Agreement.
6.22 No Third Party Beneficiaries.
Except as may be otherwise expressly and specifically set forth in this Agreement, no
person or entity shall be deemed a third party beneficiary of any of the provisions of this
Agreement.
6.23 Right of Entry.
6.23.1 There is reserved to the County and Bureau of Reclamation and its
successors or agents, the right of the officers, agents, employees, licensees,
and Permittee’s, or the designees of public bodies, at all proper times and
places, freely to have ingress to, passage over, and egress from all of said
lands, for the purpose of exercising, enforcing, and protecting their rights
and the terms and conditions described in and reserved by this Agreement,
including the right of physical entry to the area for inspection, monitoring, or
any other purpose consistent with any right or obligation of the County under
any law or regulation, or for the purposes of surveying Park users and
customers at the Concession.
6.23.2 The County will notify the Concessionaire of any unsatisfactory condition
relative to the management, operation and maintenance of the Concession.
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The Concessionaire shall take immediate action to correct such conditions
at the Concessionaire’s expense.
7. Entire Agreement; Modification.
This Agreement, together with any supplemental provisions attached hereto, constitutes the
entire agreement between the Parties and sets forth all of the covenants, promises,
agreements, conditions or understandings, either oral or written, between the Concessionaire
and 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.
8. Attorney Fees.
If suit or action is commenced to enforce compliance with any term, covenant or condition of
this Agreement, including any action undertaken in the context of bankruptcy proceedings, the
Party not prevailing shall pay to the Prevailing Party a sum which the trial judge determines is
reasonable as attorney fees to be allowed in the suit or action, and court costs, and if appeal is
taken from any judgment or decree in the suit or action, the Party not prevailing on the appeal
shall pay to the Prevailing Party such further sum as the appellate court shall adjudge
reasonable as attorney fees on appeal, and court costs.
9. Severability.
If any term, covenant, condition or provision of this Agreement is held by a court of competent
jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall
remain in full force and effect and shall in no way be affected, impaired or invalidated.
10. Force Majeure.
The occurrence of any of the following events shall excuse performance of such obligations of
a Party as are rendered impossible or reasonably impracticable to perform while such
continues: strikes; lockouts; acts of God; inability to get materials; governmental restrictions;
enemy or hostile governmental action; fire or other casualty; and other causes beyond the
reasonable control of the Party obligated to perform (all events of “Force Majeure”).
11. Authority.
Each Party covenants and warrants to the other Party that: (a) it is duly authorized to
execute this Agreement; and (b) the execution of this Agreement has been duly
authorized by the Applicable Party.
12. Legal Effect of the Agreement.
This Agreement is terminable only in accordance with the express and specific provisions
hereof. This Agreement does not create a leasehold estate and the County shall at all times
remain the title holder of the real property.
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13. Delegation of Authority.
The Department Director or his 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.
14. Representation and Warranties of County.
14.1 The County represents and warrants to the Concessionaire that the following
statements are true, correct and complete:
14.1.1 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,
14.1.2 To the best of the County’s knowledge, there are no lease agreements,
maintenance contracts, service agreements or other contracts of any nature
which pertain to, cover or affect the Concession except as disclosed in this
Agreement.
14.2 In the event of a breach of a representation or warranty as set forth herein, 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.
15. Counterparts.
This Agreement may be executed in two or more counterparts, each of which shall be deemed
an original but all of which together shall constitute one and the same instrument. Faxed,
emailed and copied signatures, are acceptable as original signatures.
16. Time is of the Essence.
Time is of the essence of this Agreement. If the date for performance of any obligation
hereunder or the last day of any time period provided herein shall fall on a Saturday, Sunday or
legal holiday, then said date for performance or time period shall expire on the first day
thereafter which is not a Saturday, Sunday or legal holiday.
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EXHIBIT 1.1 – REGIONAL PARK SYSTEM
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Exhibit 1.1 – Regional Park System (Continued)
Parks Considered as part of this Agreement:
Adobe Dam Regional Park
Buckeye Hills Regional Park
Cave Creek Regional Park
Estrella Mountain Regional Park
Lake Pleasant Regional Park
McDowell Mountain Regional Park
San Tan Mountain Regional Park
Usery Mountain Regional Park
White Tank Mountain Regional Park
Park Notification Numbers:
Adobe Dam / Cave Creek Regional Park: 623-465-0431
Buckeye Hills / 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
*City Jurisdiction for Possible Business License:
Adobe Dam Regional Park City of Phoenix
Buckeye Hills Regional Park Buckeye or Unincorporated Maricopa
County
Cave Creek Regional Park: Town of Cave Creek
Estrella Mountain Regional Park: Avondale or Goodyear or Unincorporated
Maricopa County
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 or Unincorporated Maricopa
County
*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.
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EXHIBIT 3.2.1 – FEE REPORTING AND PAYMENT SCHEDULE
Concessionaire will pay County the following fees according to the payment schedule listed below.
Fee Amount
Administrative Fee (Initial and Each Amendment) $150.00
Quarterly Concession Fee $3.50 per Participant
Plus:
*Participants pay Gate Entry Fee, Unless:
Entry Via Van w/ Participants (up to 9 participants) (in $6.00 per Van
lieu of Participants paying Park Entry Fee), or
Entry Via Bus/Coach w/ Participants (10 to 29 $25.00 per Bus/Coach
participants) (in lieu of Participants paying park entry
fee)
Entry Via Commercial Bus w/ Participants (in lieu of $55.00 per Commercial Coach
Participants paying park entry fee)
Products sold at the Park (see Exhibit 4.1.1) 20% of Gross Revenue
CMCA Annual Pass (one free) – Each Additional $3.00 each
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.
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) By definition, Gross Revenue is all revenue collected in supported
of the Concession operation with no authorized deductions.
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. One pass will be
issued for each Concession contract free of charge, additional passes (i.e. tour guides,
instructors) will be $ 3.00 each yearly. The pass(es) will expire at the end of your contract
period. Provided you remain in good standing, the pass will remain valid as long as you are an
approved vendor with Maricopa County Parks and Recreation.
Participants will be required to pay the established Park Entrance Fee for vehicles driven into
the Park unless riding in the Concessionaire’s vehicle or in possession of a valid annual pass
for the respective Park.
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CMCA Arizona Hike Bike and Board, LLC.

Exhibit 3.2.1 – Fee Reporting and Payment Schedule (Continued)
Period Report Due County Payment Due County
July 1st – September 30th October 5th October 15th
October 1st – December 31st January 5th January 15th
January 1st – March 31st April 5th April 15th
April 1st – June 30th July 5th July 15th
There will be a Late Fee Penalty for Attendance Statement Reports (Reports) and a Ten Percent
(10%) Late Payment Fee of the amount due, per occurrence, if reports and payments are not
received by the Due Date listed.
Days Late Late Report Fee Penalty Late Concession Fee Penalty
1 – 15 $50.00 per occurrence 10% per occurrence
16 – 31 $100.00 per occurrence 10% per occurrence
32 – 60 $150.00 per occurrence 10% per occurrence
61+ Termination Proceedings Termination Proceedings
If the Agreement is terminated during a reporting period, payment is due the County within thirty
(30) days of termination date.
Should the County’s Due Date fall on a Saturday, Sunday or legal holiday, then said Due Date
shall be at the close of business on the first day thereafter which is not a Saturday, Sunday or
holiday.
Email the Report (preferred method) or mail to the address below, and an invoice will be generated
and emailed . You will then have the choice of mailing a check or you may pay via credit card after
invoice is generated.
Preferred Method: Email Report to: Emilymiller@mail.maricopa.gov. After an invoice is generated,
you can call 602-506-2930 with credit card payment. Please reference Invoice number.
If you wish to mail Report and pay via check, checks to be made payable to: Maricopa County
Parks and Recreation Department. Payment and copy of Report to be mailed to:
Maricopa County Parks and Recreation Department
Attn: Accounts Receivable
41835 N. Castle Hot Spring Road – Unit Operation Center
Morristown, AZ 85342
*Do not make payment directly to the Park.
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EXHIBIT 3.2.2 – ATTENDANCE AND R EVENUE STATEMENT
CONCESSIONAIRE NAME: Arizona Hike Bike & Board, LLC
Reporting Period: ________________________________
Park Name Attendance Products # Bus/ # Commercial
And Per Event Sold at Park #Vans Coaches Bus
Event Date $3.50 each @20% $6.00/ea $25.00/ea $55.00/ea
Totals:
Total Due Parks:
Submission of the Attendance Statement is in accordance with the reporting timelines as outlined in
Exhibit 3.2.1 – Fee Reporting and Payment Schedule. 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”. Attendance
Statements will be emailed or mailed prior to the 5th of the month to:
Email: emilymiller@mail.maricopa.gov
Mail: Maricopa County Parks and Recreation Department
Attn: Accounts Receivable
41835 N. Castle Hot Spring Road - Unit Operation Center
Morristown, AZ 85342
Do not send Attendance and Revenue Statements directly to the Park.
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EXHIBIT 4.1 –SERVICES AND FACILITIES
Exhibit 4.1 is designed to identify required services, facilities, amenities or maintenance
requirements for the Concession. There will be no additional services or products dispensed
other than stated in this Exhibit.
Concession Description: Guided Hiking, Mountain Biking and Paddle Board Tours within the
Maricopa County Regional Parks. Food and beverages will be limited to the items listed in
Exhibit 4.1.1 – Products to be Dispensed.
1. The Concession can be located in the areas designated by the respective Park Supervisor
at the following Parks: Adobe Dam Regional Park, Buckeye Hills Regional Park, Cave Creek
Regional Park, Estrella Mountain Regional Park, Lake Pleasant Regional Park, McDowell
Mountain Regional Park, San Tan Mountain Regional Park, Usery Mountain Regional Park
and White Tank Mountain Regional Park. The Concessionaire shall be responsible for
coordination of events with each respective Park Supervisor.
2. 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.
3. Services Overview (Concept):
A. Service to be provided and period on-site: Guided events such as hiking, mountain
biking, and paddle boards along with team building activities consisting of Arizona
Hike Bike and Board, LLC guides and their guests. Arizona Hike Bike and Board, LLC
is a service provider to local resorts and Arizona visitors and operates a business
offering guided hiking, mountain biking and paddle board tours through Arizona.
Mountain hiking tours will be restricted to designated trails or areas designated by the
Park Supervisor.
Provide prepackaged food, beverages and sundries items listed in Exhibit 4.1.1 –
Products to be Dispensed, to Concessionaire’s Participants only. Concession set-up
and operations will be restricted to the area designated by the Park Supervisor.
The Concessionaire is required to pay the Park Entrance Fee upon each entry to the
Park unless in possession of a valid CMCA annual pass for the respective Park. 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.
B. Product Dispensed: See Exhibit 4.1.1 – Products to be Dispensed.
C. Equipment to be brought on site: All equipment necessary for conduct of the event or
Concession operations and necessary safety gear. Prepackaged food and beverages
will be dispensed from a tent, truck or trailer.
D. Proposed Site Improvements: None.
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Exhibit 4.1 –Services and Facilities (Continued)
E. Utilities Required: None. The Concessionaire is authorized to operate a generator in
support of concession operations; however, the generator will be muffled and placed in
a location mutually agreed upon between the Concessionaire and the Park Supervisor.
The generator will not be operated between the hours of 10:00 pm and 6:00 am. The
Concessionaire is responsible for all operational and maintenance costs.
F. Additional Facilities required or to be provided by Parks: None.
G. Additional Amenities required or to be provided by Parks: None.
4. Park Support Requirements/Impact Fees.
A. Traffic Control Plan/Barricades/Traffic Cones: None.
B. Signage in Support of Concession: None.
C. Physical Space Required (Square Foot) for Concession: No fixed space required.
5. Maintenance Responsibilities.
A. The Concessionaire is responsible for the providing of trash receptacles and the
removing of trash and receptacles at the end of the event. The Park Supervisor may
increase the frequency of trash being emptied.
B. Tables, eating areas, shaded areas, Concession area, etc. will be kept clean, neat and
sanitary at all times.
C. The Concessionaire is authorized to set-up temporary structures/canopies, not to
exceed 10’x10’, for use during the event or Concession operations. The
Concessionaire will coordinate with the Park Supervisor as to location. Set-up will not
occur before the start of each day’s event or activity or as coordinated with the Park
Supervisor. Temporary structures will be removed upon completion of the event or
each day’s operations. The Concessionaire is responsible for proper staking, etc. to
preclude the temporary structure/canopy being blown down in event of wind or
inclement weather. Stakes will not exceed six (6) inches in length. The
Concessionaire is required to identify and obtain all necessary permits from the
appropriate permitting agencies for use of the temporary structures/canopies.
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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Exhibit 4.1 –Services and Facilities (Continued)
7. Restricted (Not Authorized) Services.
A. Sailing, fishing and pleasure boat/pontoon/houseboat rentals and sales.
B. Items currently identified or to be identified that through contractual arrangement
with the Scorpion Bay Marina, Maricopa County Parks and Recreation Department
concessions that would create unfair competition or that would be in violation of
said agreements. The intent of this restriction is to coordinate the providing of
recreational services and products not to unduly restrict. Desire of the
Concessionaire to introduce new recreational services or products will require
written approval of the Park Supervisor.
C. Sale of products containing alcohol.
D. Selling of food, on land or water, in the vicinity of Scorpion Bay Marina at Lake
Pleasant, or in the vicinity of each respective Parks Visitor Centers.
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CMCA Arizona Hike Bike and Board, LLC.

EXHIBIT 4.1.1 PRODUCTS TO BE DISPENSED/SOLD
1. Pre packaged Energy Bars and Energy “Gel” *
2. Bottled Water *
3. Bottled Energy Drinks and/or Vitamin Water *
4. Carbonated Beverages *
5. Coffee, Teas *
6. Catered Foods for Events
7. Prepackaged Foods for Events
8. Sundries, such as sunscreen, lip balm
*Will be dispensed in plastic, metal or paper containers – no glass containers will be permitted.
Products and services to be dispensed will be restricted to the above. Additions will require approval
by the County.
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CMCA Arizona Hike Bike and Board, LLC.

EXHIBIT 5.1.3 – OPERATIONAL 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. Concessionaire annual 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. 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.
7. The Concessionaire is authorized to use a generator following the park rules quiet time in
support of concession operations, at the discretion of and coordination through the Park
Supervisor.
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 event is
placed in an authorized container.
12. The Concessionaire’s operations are restricted to the area designated by the Park
Supervisor.
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EXHIBIT 5.1.3 – OPERATIONAL CONSTRAINTS AND REQUIREMENTS (continued)
13. It is the responsibility of the concessionaire to ensure the health and well-being of their staff and
participants. As such, it is highly recommended that guides and staff are trained and certified in
at-least basic first aid and cardio resuscitation techniques. Guides and staff will have with them
first aid kits and equipment to perform emergency medical services. Guides and staff will be
knowledgeable in the treatment of or prevention of inadequate hydration, over exertion,
musculoskeletal problems, or unsafe acts. In case of emergency, guides and staff will contact
appropriate emergency medical services then the Park Supervisor.
14. The Concessionaire, if desiring camping or facilities such as ramadas or other structures
in support of planned events, will be required to reserve the camping or facility through the
Park Supervisor and pay the established rental fee. Rental will be based on availability;
the Concessionaire’s request does not take precedence over other patrons desiring to rent
like camping or facilities. The rental fee does not apply to areas identified in Exhibit 4.1 –
Services and Facilities, i.e. designated trails, horse staging areas, trailhead staging
areas, etc.
15. The Concessionaire is responsible for providing emergency communication with either the
Concessionaire’s Headquarters or Park Headquarters for each guided event.
16. All guides (staff) will be competent and experienced in conducting guided trips. Guides
will have knowledge of the area, the Park and the trails. Guides will become an
ambassador for the Maricopa Count Parks System and inform riders that they are riding
within the boundaries of the White Tank Mountain Regional Park. They will do everything
in their power to make certain each guided event is a quality experience. Under no
circumstances will guides be in charge of events when they do not meet the qualifications
listed above or are not familiar with the particular trail being traveled.
17. The Concessionaire is restricted to designated trails and will not leave the designated
trails and conduct events in the open desert.
18. The Concessionaire is not allowed to create new trails or create trail shortcuts without the
approval of the Park Supervisor.
19. The Concessionaire may bring in his own catered food for his patrons.
20. The selling or dispensing of alcohol products within the Park in support of events is not
authorized.
21. The Concessionaire will coordinate with the Park Supervisor, per each visit, the area in
which to operate the Concession.
22. No equipment services or repairs are authorized on-site other than those necessary to
maintain the equipment used in support of this Agreement.
23. The Concessionaire is authorized to coordinate services currently provided by Parks, i.e.
Ranger Interpretative Programs.
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EXHIBIT 5.1.3 – OPERATIONAL CONSTRAINTS AND REQUIREMENTS (continued)
24. The dispensing of product or the performance of services other than stated in Exhibit 4.1
–Services and Facilities is unauthorized.
25. The Concessionaire is not authorized to an amplified sound system in support of
concession operations.
26. 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 or turf areas.
27. 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.
28. IF, operation of the Concession on the waters of Lake Pleasant from the deck of a pontoon
boat or similar vessel is authorized, the Concessionaire must be properly licensed; have
the required permits/certificates, including all required Health Permits; must be in
compliance with U.S. Coast Guard standards for captaining a boat; 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.
29. Transportation in support of Concession activities will be by watercraft only, i.e. boat,
kayak or canoe.
30. The number of passengers per watercraft will not exceed eight (8) or the number
recommended by the U.S. Coast Guard, manufacturer, or industry standard, whichever is
greater.
31. No boat/watercraft services or repairs are authorized other than those necessary to
maintain the boats/watercraft used in support of this Agreement. If an outside vendor is
contacted to complete the repairs, they would be required to pay the park entry fee upon
entry. The Concessionaire is required to coordinate any outside vendor repair work
through the Park Supervisor.
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CMCA Arizona Hike Bike and Board, LLC.

Exhibit 6.5 – Park Rules
Maricopa County Parks & Recreation Department
PARK RULES
Adopted August 13, 2003 by the Maricopa County Board of Supervisors
R-101 Definitions of insurance naming the Department as additionally insured,
The following definitions shall determine meanings for certain and/or provide for adequate medical, sanitary and security services.
Facilities, objects, entities or activities. 7. A performance payment bond may be required for any permittee
1. “Abandoned Vehicle” means any vehicle, boat, trailer, or who is providing a service that was solicited to provide any event
structure, which shows evidence of being left unattended for a or activity sponsored by the Department.
period of 48 hours unless displaying an official permit 8. The Department may impose conditions on the conduct of any
indicating a stay in excess of 48 hours. activity which are necessary to protect the area and maintain its
2. “Aircraft” means a structure or device for navigation of the air availability as a public park.
that is supported either by its own buoyancy or by the 9. A Special Use Permit is not required for any person operating under
dynamic action of the air against its surface. the provisions of a valid special use or commercial management
3. “Camping” means erecting a tent or shelter or arranging concessions agreement with the Department.
bedding or both, for the purpose of, or in such a way as will 10.Special Use Permit applications, which are compatible with the
permit, overnight use; or parking a trailer camper or other management objectives of the individual park, may be refused for
vehicle for the purpose of remaining overnight. health and safety reasons or to protect the park from significant
4. “Commission” means the Maricopa County Parks and damages. With respect to competing non-profit uses, the use of
Recreation Commission. park space shall be granted on a first-come, first-served basis. With
5. “County” means Maricopa County. respect to competing commercial uses, informal proposals shall be
6. “Department” means the Maricopa County Parks and solicited and the Special Use Permit awarded to that concessionaire
Recreation Department. which offers to provide the County with the highest potential revenue
7. “Loudspeaker or public address system” means a device to and/or best recreational value to park patrons, provided the
amplify or direct sound. concessionaire does not have a poor performance history on any
8. “Maricopa County Park(s)” means any land or areas under the prior permits.
control of the Maricopa County Board of Supervisors which 11.All persons entering a park under a Special Use Permit are subject
has been designated as a Park, Recreation Area or to all entrance and/or other fees, and all rules and regulations
Conservation Area. concerning park resource and facility use. The total amount of
9. “Roads” means the entire width between the boundary lines of entrance fees owed by persons entering a park under a Special Use
every way when any part thereof is open, kept or maintained Permit may be calculated in advance and paid in accordance with terms
for use by the public for purposes of vehicular travel. negotiated as part of the Special Use Permit.
10.“Special Use Permit” means commercial or non-commercial 12.A decision by the Department concerning any Special Use Permit may be
permits issued by the Department for activities outside a appealed to the Commission.
park’s activity design or which excludes the general public or 13.Applications for Special Use Permits may be obtained from an
for which there is monetary gain. authorized representative of the Department.
11.“Swimming” means to propel one’s self in water by natural
means; consequently aquatic activities including the full or R-103 Violations and Penalties
partial use of inner tubes, air mattresses or personal support 1. Any person who violates any of these rules shall be guilty of a
devices. Class 2 misdemeanor.
12.“Designated Trail” means an authorized recreational trail 2. Any person who violates any of these rules may also be evicted for
designed, constructed, and maintained according to standards failure to comply.
within the County manual; it is within Maricopa County Parks’
boundaries and has been included in the Maricopa County The following acts are prohibited in Maricopa County Parks:
Park trail system inventory.
R-104 Entry, Use, Occupancy, Fees
R-102 Special Use Permits, Fees and Approvals 1. Entering, using, or occupying of a Maricopa County park or its
1. Special Use Permits shall be required for eligible non-profit, facilities, designated trails or waterways under the supervision and
government or private, as well as commercial uses. control of the Department for any purpose when said parks or areas
2. For eligible non-profit uses, a Special Use Permit is required are posted against such entrance, use, occupancy or where barriers
of any person or group for any activity outside each park’s exist.
activity design, or for the use of specific park areas that 2. Entering upon or using for any purpose the land, water or facilities
3. A Special Use Permit shall also be obtained in advance by any within the boundaries of Maricopa County Parks when a fee, rental,
any person or group wishing to use a Maricopa County Park admission or other consideration has been established for such land,
for eligible commercial uses. water or facility has been paid said fee, rental, admission or other
4. Park Impact Fees for Special Use Permits shall be negotiated consideration.
by the Department used on the expenses related to the
administration of the activity, protection of the park and R-105 Animals and Pets
visitors, and in accordance with established fee schedules
when applicable. 1. Riding, permitting or allowing livestock, saddle, pack, or draft animals
5. The Department may require commercial applicants to enter except on designated trails or areas under special permit issued
an agreement with the County for a negotiated percentage of by the Department or by special provisions of a Use Management
gross receipts not to exceed twenty (20) percent. Agreement.
6. The Department may require the permittee to post a deposit 2. Possessing, allowing or permitting a dog and/or other pets in a Maricopa
against damage and clean-up expense, provide a certificate of County Park, unless the same shall be under immediate control on a
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Exhibit 6.5 – Park Rules (Continued)
leash not exceeding 6 feet in length, except the leash for any purpose.
requirement shall not apply to dogs while being used in hunting, 2. Engaging in noisy conduct, operating generators or motors, operating
in field trials, or while being trained when upon lands open to such radios, or otherwise making loud or disturbing noises that may disturb
uses and it does not interfere with other park activities. the peace of the area between the hours of 10:00 p.m. and 6:00 a.m.
3. Possessing, allowing or permitting a dog in a Maricopa County 3. Public urination or public defecation.
Park without a current license. 4. Engaging in noisy conduct that disturbs the peace.
4. Allowing dogs or other pets, other than seeing-eye or hearing
guide dogs, within the confines of public park buildings. R-112 Camping
except the leash requirement shall not apply to dogs while 1. Camping without first obtaining a written permit issued by the
5. Allowing dogs and/or other animals to create a nuisance, noise Department.
or disturbance in any area. 2. Failure to obey all written or posted camping regulations.
6. Failure of any owners of pets to properly dispose of any waste.
7. Scattering or depositing the ashes of any animal. R-113 Fires
1. Building fires except in designated places.
R-106 Firearms, Hunting and Trapping 2. Building fires in any area posted against such use.
1. Possessing a firearm, unless unloaded in both barrel and magazine 3.Building wood or charcoal fires at any time posted against such activity
in any area closed to the discharge of firearms unless permitted by (during fire ban).
state law. 4.Use of gas or propane stoves or grills when use is prohibited (during
2. Shooting a firearm, air rifle, air pistol, potato cannon, or any type of extreme fire ban).
cannon, paintball gun, slingshot, or shooting with a bow and arrow, 5.Abandoning any fire without completely extinguishing it.
or setting traps except in locations provided for that purpose by 6.Allowing a fire to escape from control.
Arizona Game and Fish rules.
R-114 Public or Commercial Activities
R-107 Motor Vehicle and Bicycles 1.Conducting any activity or assembly outside the individual park’s
1. Operating any motorized vehicle except on roads and parking areas activity design or requiring the use of park areas which exclude the use
designated by the Department for such purpose. of the general public without first obtaining a Special Use Permit from
2. Abandoning any vehicle in any area of a Maricopa County Park. the Department.
Vehicles violating this section may be towed at the owner’s expense. 2.Posting, placing, or distributing advertising material; erecting a fence or
3. Parking a motor vehicle or trailer or other device towed by a motor barrier (except under specific use management or lease agreements),
vehicle in such a manner whereby roads, parking areas or other constructing or occupying improvements; or enclosing County
traffic ways or traffic are blocked or otherwise impeded. Vehicles administered lands without first obtaining or enclosing a Special Use
violating this section may be towed at the owner’s expense if such Permit from the Department.
violation constitutes blockage of any emergency lane or otherwise 3. Using a loudspeaker or public address system, or amplifier, without first
interferes with park operations. obtaining a Special Use Permit from the Department.
4. Operating a bicycle in a careless or reckless manner, or in disregard 4. Using County administered lands for a commercial purpose without
of the safety of any person or property. first obtaining a Special Use Permit from the Department.
5. Utilizing bike ramps in non-designated areas.
6. Operating, without permission from the County, any motorized R-115 Glass Bottles
skateboard, motorized scooter, mo-ped or like device. 1. Possessing glass, ceramic or hard frangible plastic beverage bottles.
R-108 Watercraft and Swimming R-116 Aircraft and Engine Powered Models
1. Bringing into, or operating any watercraft upon a body of water 1. Operating any passenger carrying aircraft of any nature or parachute,
except at such places and in such a manner as designated for such including parasailing, except in areas designated for such use by the
use or purpose by the Department. Department or in an emergency situation.
2. Storing or leaving any watercraft without first obtaining a permit 2. Operating engine powered models and/or toys in any park area not
issued by the Department or its authorized concessionaire. designated for such use or in such manner that it could be a hazard
3. Swimming in areas posted against such use. to the public.
4. Cliff jumping.
R-117 Interference with a Park Ranger or a Park Police Officer
R-109 Vandalism 1. Interfering with any Park Ranger and/or Park Police Officer in the
1. Destroying, damaging, or removing any tree, shrub, wildflower, discharge of the Park Ranger’s and/or Park Police Officer’s duties.
cactus, or any other vegetation, or any other vegetative product 2. Failing or refusing to obey any lawful command of any Park Ranger
or by-products without first obtaining a written permit from the and/or Park Police Officer or other Certified Peace Officer.
Department.
2. Destroying, damaging, defacing or removing any County property R-118 Trails
or property administered by the Department. 1. Damaging, blocking, restricting or otherwise interfering with the use
of a trail.
R-110 Littering 2. Throwing or rolling rocks or other items into valleys or canyons, down
1. Depositing or abandoning garbage, sewage, refuse, trash, waste hillsides, mountainsides or trails.
or other obnoxious material, except in receptacles or containers 3. Leaving a designated trail or walkway between trailheads.
provided for such purposes. 4. Operating a bicycle, riding a horse, or hiking, except on trails designated
2. Throwing or breaking glass, plastic or ceramic objects leaving for that use.
Shards or other fragments on park property. 5. Failure to follow any sign that dictates the use or behavior on a trail.
R-111 Public Behavior
1. Conducting one’s self in a disorderly or intoxicated manner, or using
threatening, abusive, or boisterous or insulting language, or
conducting or participating in a disorderly assembly, or to solicit
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CMCA Arizona Hike Bike and Board, LLC.