Sec. 9-5.06.   Agreement Term, Annual Review and Consideration.
   A.   Commercial River Use Agreements are initially issued for one season or one year as specified within the final fully executed Agreement. Multiple-year contracts shall be provided as requested for Commercial Outfitters in good standing based on the annual review described in Section 9-5.06 B below.  (§ 2, Ord. 1421, eff. May 31, 2012)
   B.   Each year, the County shall review any violations or complaints regarding a Commercial Outfitter and require the Commercial Outfitter to provide statements regarding any complaints or violations received. The County reserves the right to refuse to enter into future Agreements with any Commercial Outfitter who continually violates any rules that govern the Commercial Outfitter, including the Agreement, or who receives numerous justified complaints.  (§ 2, Ord. 1421, eff. May 31, 2012)
   C.   Fees for commercial use of the river plan area will be divided into a three tiered system of collection as follows:
   1.    Base Fee: The first tier of fees will apply to all commercial outfitters using local rivers and streams.  First-tier fees shall be based upon a good faith estimate of the amount necessary for the County to process applications, develop and issue agreements, enforce and administer the provisions of this Chapter, and to otherwise cover the reasonable regulatory costs of the program implemented by this Chapter.
   2.   Park Use Fee: The second tier of fees will only apply to commercial outfitters using County parklands to facilitate their operations, including but not limited to using parklands for parking of vehicles, camping, picnicking, stopping or other similar and related activities.  Second-tier fees shall be based on a good faith estimate of the amount necessary to offset the impacts of the level of use proposed by a commercial outfitter.  The amount of the fee shall be sufficient to fully cover the cost of providing  the additional level of operations, maintenance and repair of park facilities and real property (including habitat features) that the Director determines, in his or her discretion, is reasonably necessary to offset the impacts of the level of use proposed by a commercial outfitter.  Such fees are authorized by California Government Code Section 50402 and other provisions of California law. 
   3.   Park Improvement Fee: The third tier of fees will only apply to commercial outfitters using County parklands to facilitate their operations, including but not limited to using parklands for parking of vehicles, camping, picnicking, stopping or other similar and related activities.  Third-tier fees shall be based on a good faith estimate of the amount necessary to plan and build new park facilities or additions to existing facilities and real property (including habitat features) that the Director determines, in his or her discretion, are reasonably necessary to accommodate the level of use proposed by a commercial outfitter.  The operation, maintenance, and repair of such new or expanded park facilities and real property shall be covered by the Park Use Fee, described above, following the completion of construction.  Such fees are authorized by California Government Code Section 50402 and other provisions of California law.
   4.   Fee Payment: Fee revenues may be placed into discrete funds that may be used exclusively for the purposes described in this subsection. Generally, fees that apply to more than one commercial outfitter shall be apportioned between the outfitters in a manner that reasonably reflects each Commercial Outfitter’s proportional share of costs of the program implemented by this Chapter.  The apportionment formula may be based upon the payment of a percentage of each Commercial Outfitter’s gross receipts for Commercial River Use or, alternatively, may be based upon a set fee per customer. If either of these approaches to fee apportionment and payment is utilized, then either the percentage of use must be reported each month or the number of persons commercially rafting must be reported using the County reporting document specified in the Agreement and the associated fees paid monthly to the County Parks Division.  Generally, fees within tiers that apply to all Commercial Outfitters shall be approved by the Board of Supervisors.  The Director is authorized to develop and include other categories of fees in individual Agreements, consistent with the fee structure set forth above, provided such fees are both consistent with this subsection and reasonably related to the benefits and burdens of the activities of the Commercial Outfitter to which the fees apply.  Any dispute between the Director and a Commercial Outfitter regarding such fees may be referred to the Board of Supervisors for resolution.(§ 2, Ord. 1421, eff. May 31, 2012)