JOINT PROJGRAM AND MARKETING WITH ARAVAIPA RUNNING.PDF

Maricopa County — Formal (2021-01-27)

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JOINT PROGRAM AND MARKETING AGREEMENT
Between
MARICOPA COUNTY
and
ARAVAIPA RUNNING LLC
This Joint Program and Marketing 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”) acting on behalf
of its Parks and Recreation Department (hereinafter referred to as “MCPRD”) and Aravaipa Running LLC, an Arizona
Limited Liability Company (hereinafter referred to as “Aravaipa”), together hereinafter collectively referred to as
“Parties” or individually as a “Party.”
A. Authority.
1. The County is authorized to enter into this Agreement pursuant to A.R.S. §§11-201, 11-251, and 11-933 et
seq.
2. This Agreement is the result of a solicitation released by County, Serial #180226-ITN Invitation to Negotiate
Sponsorship and Partnering Programs – for Maricopa County on behalf of its Parks and Recreation
Department on February 1, 2018 (“ITN”) and Aravaipa is one of the successful respondents to the ITN.
3. MCPRD Director, or his or her designee, is authorized as the signatory on each Statement of Work (“SOW”)
attached hereto as Exhibit B and made a part hereof, as further detailed in Section D below, and all required
documents related to the SOW activities.
4. Since this Agreement will require administrative actions from time to time to carry out the intent of this
Agreement, the County’s Director of MCPRD and Aravaipa’s Manager, or their respective designees, are
hereby given the authority and charged with the responsibility for proper administration of this Agreement,
whether or not specific authority is granted in any provision of this Agreement.
B. Purpose.
1. The purpose of this Agreement is to develop a relationship between the Parties to work in harmony to reflect
the mutual interest in supporting and promoting healthy outdoor lifestyles within all Maricopa County
Regional Parks including the Maricopa Trail (“Parks”), a map of which is attached hereto as Exhibit A and
made a part hereof.
2. MCPRD’s mission “through responsible stewardship, is to provide the highest quality parks, trails, programs,
services and experiences that energize visitors and create life-long users and advocates” aligns with the core
values of Aravaipa as they “build a community of people, events and inspiration around the sport of trail and
endurance running… to inspire the next generation of trail enthusiasts both young and old.”
3. Aravaipa, sometimes in conjunction with the County, will conduct defined activities, including recreational
opportunities, competitive events, commercial tours, commercial sales, stewardship and or volunteer events,
programs, promotions and special events, including but not limited to planning, coordinating, implementing,
promoting, sponsoring, educating and marketing (“Activities”) that the Parties expect will benefit the public.
Activities under this Agreement will be developed through the SOW.
C. Statement of Mutual Benefit and Interest.
The mutual benefit and interest for the Parties are to establish Activities for the public through cooperative interaction
between County and Aravaipa. Both Parties will engage in Activities that provide highly interactive and hands-on
experiences. Aravaipa will teach participants (“Users”) how to recreate within the Parks responsibly while challenging
them to learn new outdoor skills and experience the healthy and transformational lifestyle the outdoors provides.
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1. The primary goal of the Agreement is for each Party to supplement the other’s strengths by creating a
beneficial relationship by which they may work together to accomplish common goals and objectives for the
education, cooperative marketing, operation and management of sustainable outdoor recreational
opportunities.
2. The secondary goal is to provide the community with experiences that will increase their knowledge and
provide skills that will provide safe and healthy lifestyles.
D. Permitted Uses.
The permitted use of Parks under this Agreement shall be the recreational use associated with each SOW Activity.
Aravaipa acknowledges that the Activities described in each SOW may be inherently risky in nature, including
accidents that can cause severe bodily injury or death, and participants using the Parks as part of the recreational use
associated with each SOW, are not using the Parks upon the invitation of the County and are not invitees of the County.
The SOWs are limited only to recreational users and/or educational users within the meaning of the landowner
protection provisions of A.R.S. § 33-1551 (Arizona Recreational Use Statute) participating in an Activity. All
protections and immunities provided under Arizona law, including A.R.S. § 33-1551, shall be afforded to County and
Aravaipa in their respective capacities.
E. Disclaimer.
Aravaipa hereby acknowledges that all or portions of Parks:
1. May be comprised of steep, rugged or otherwise hazardous terrain;
2. May be comprised of steep or undeveloped access routes or trails that are not constructed or improved and
have been largely created by visitor use;
3. Have flora and fauna which can be dangerous, poisonous or otherwise capable of causing bodily harm or
death;
4. May contain mine shafts, caverns, mines and other hazards, known or unknown.
Accordingly, County makes no warranty, express or implied, including warranty of fitness of the Parks for any
particular purpose including any Activities permitted under this Agreement. Aravaipa agrees that the Parks are,
therefore, used on an “as is, where is” basis, and County shall be under no duty or obligation to improve or otherwise
make them safe for the Activities.
Aravaipa hereby expressly recognizes that any such use of Parks and conducting of Activities is for the benefit of
Aravaipa and the Users. Aravaipa further represents and warrants that before allowing the Users to engage in any
Activities, it has thoroughly and meaningfully explained to the Users, to the satisfaction of the Users, the risks and
hazards present on the Parks, the risks and hazards associated with the participation in the Activities, and the
disclaimers by Aravaipa and the County of any warranty or liability set forth herein.
F. Activities.
The Activities the Parties will offer are, but not limited to, as follows:
1. Commercial Tours
2. Backpacking
3. Wilderness/Desert Skills
4. Water Activities
5. Campouts
6. Commercial Sales
7. Major Events/Competitive Races (i.e., 100 Miles in 100 Days Challenge, Trail Running Series)
8. Stewardship and/or Volunteer Activities
9. Joint Promotional and Marketing Opportunities
G. Joint Responsibilities
1. The Parties shall work together to develop the SOW Operations Plan (“SOW-OP”) for each Activity.
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2. The Parties will jointly plan and develop, on a yearly basis, a platform for collaboration and cooperation of
the Activities through the completion of an annual SOW.
3. The Parties will meet yearly with County Risk Management to review any claims and insurance coverage
requirements to determine if limits need to be modified during the contract term.
H. Aravaipa Responsibilities:
1. SOWs
a. Provide to MCPRD forecasted Activities geared towards events and programs with a comprehensive
slate of recreation, competitive events, commercial tours, stewardship, joint sponsorships, cultural and
educational programs targeted toward community through MCPRD for approval by submission of an
annual SOW, one hundred and twenty days (120) days prior to calendar year end.
b. Provide forecasted monthly SOWs for individual Activity(ies) to MCPRD for approval.
c. Assist MCPRD in development of a SOW-OP for all SOW’s.
d. Provide the County with the final SOW with participant count and revenue generated and email this
finalized SOW to the County within thirty (30) days of the last day of the Activity date.
e. Meet with County annually for review of prior year’s SOWs:
i. Success/Value of SOW’s.
ii. Fee Schedules (i.e., participant costs, gross revenue, authorized deductions)
iii. Benefit (to Public and each Party).
iv. Marketing/branding.
2. Coordinate all stewardship and volunteer activities through MCPRD’s Volunteer Coordinator.
3. Provide marketing opportunities, to include but not limited to:
a. Social Media posts
b. Website
c. Advertising
4. Provide all necessary gear and equipment for each Activity.
5. Use its liability release form (“Release”) attached here as Exhibit C and by this reference incorporated herein.
The Release shall be executed by each Aravaipa User (or if the Aravaipa User is a minor, by signature of a
parent or guardian) prior to participation in the Activities. The Release shall specifically include the County
by name and contain a full release and waiver of all liability in favor of County. If the Aravaipa User is
registered for more than one Activity, then Aravaipa shall require such Aravaipa User to sign a Release for
each Activity. Aravaipa shall not allow the Aravaipa User to take part in an Activity if the participant does
not sign the Release.
6. Contacts.
a. Provide lead staff persons as liaison for all SOW. The lead staff persons are:
Jamil Coury:
Aravaipa Running
2401 S. 24th Street
Phoenix, AZ 85020
Email: jamil@aravaiparunning.com
Cell Phone: 602-361-7440
b. Provide County with an Aravaipa administrative contact person. The administrative contact person is:
Hayley Pollack:
Aravaipa Running
2401 S. 24th Street
Phoenix, AZ 85020
Email: hayley@aravaiparunning.com
Cell Phone: 480-145-8454
I. MCPRD responsibilities:
1. SOW
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a. Meet annually with Aravaipa following receipt of their annual submission of SOW for review of
forecasted Activities, .
b. Timely review forecasted monthly SOWs for the individual Activity(ies).
c. Collaborate with Aravaipa for development of the SOW-OP.
d. Coordinate Activities with respective park.
e. Confirm Aravaipa Activities by signing the SOW-OP.
f. Prepare a quarterly invoice per Section J.1.b.v.
g. Meet with Aravaipa annually for review of prior year’s SOWs:
i. Success/Value of SOWs.
ii. Fee Schedules (i.e. participant costs, gross revenue, authorized deductions).
iii. Benefit (to Public and each Party).
iv. Marketing/branding.
2. Contacts
a. Provide a lead staff person as liaison for all SOWs. The lead staff person is:
Jennifer Waller
Operations Manager
41835 N. Castle Hot Springs Road
Morristown, AZ 85342
Email: jennifer.waller@maricopa.gov
Office Phone: 602-506-9502
Cell Phone: 623-810-0372
b. Provide a County administrative contact person. The administrative contact person is:
Emily Miller
Contract Administrator
41835 N. Castle Hot Springs Road
Morristown, AZ 85342
Email: emily.miller@maricopa.gov
Office Phone: 602-506-9511
Cell Phone: 480-205-7976
c. Provide a County volunteer coordinator. The volunteer coordinator contact person is:
Bill Klewer
Volunteer Coordinator
41835 N. Castle Hot Springs Road
Morristown, AZ 85342
Email: bill.klewer@maricopa.gov
Office Phone: 602-506-9512
J. IT IS MUTUALLY UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES THAT:
1. Term, extension, and fees.
a. Term. This Agreement shall commence on the date it is fully executed by Aravaipa and the County
(“Effective Date”) and end on January 31, 2024 (“Term”). Thereafter, this Agreement may be extended
by a written amendment mutually agreed to by the Parties.
b. Fees.
i. Aravaipa Users shall pay the park entrance fee for all Activities unless otherwise approved by the
SOW-OP.
ii. Aravaipa shall pay the County five percent (5%) of the Gross Revenue (defined as the money
generated by the Activity) as indicated on each SOW-OP, less allowable County Authorized
Deductions (defined as all discounts, promotional, trade, volume and/or cash discounts, credits, and
allowances granted on account of returns or billing errors, taxes, and other governmental charges
paid).
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iii. The Parties acknowledge that there may be multi-day Activities that take place both within the Parks
and on lands surrounding the Parks, owned by other entities (i.e. United States Forest, Bureau of
Land Management). Therefore, the Gross Revenue for a multi-day Activity shall only include the
percentage of money generated attributable to the portion of the Activity that takes place within the
Parks.
iv. Aravaipa shall pay all facility rental fees, as per MCPRD’s published rate schedules, for Aravaipa
events, programs, and commercial tours that are independent of this Agreement and/or are not
jointly sponsored or promoted with MCPRD.
v. All Activities and associated fees will be evaluated annually and may be subject to change, only by
mutually approved Amendment to this Agreement.
vi. The County will prepare a quarterly invoice that will be emailed to Aravaipa. Payment of all fees
invoiced is due within twenty (20) days of the invoice date. Payment can be paid via credit card or
mailed to:
MCPRD Finance Department
41835 N. Castle Hot Springs Road
Morristown, AZ 85342
602-506-9500
2. Termination.
a. Either Party may terminate the Agreement with or without cause at any time upon sixty (60) days prior
written notice to the other Party.
b. This Agreement is subject to cancellation pursuant to the provisions of A.R.S. §38-511.
c. Should Aravaipa, with the consent of the County, continue to provide the services described hereinafter
after the expiration of the Term and any extended term, without having entered into a subsequent
agreement of like nature and content to this Agreement, such continued service shall be deemed an
agreement on a month-to-month basis, not to exceed a period of six (6) months, with all of the terms and
conditions of this Agreement to continue in full force and effect.
3. Modification or Amendment. Modifications or amendments of the Agreement shall be binding only if in
writing, signed and dated by both Parties.
4. This Agreement is not intended to, and does not, create any right or benefit, substantive or procedural,
enforceable at law or in equity by any Party against the County, its departments, agencies, or entities, its
officers, employees, or agents, or any other person.
5. Laws, Rules and Regulations. Both Parties shall, and shall cause, its agents to comply, at all times with all
applicable federal, state, county, local and city statutes, laws, ordinances, rules, regulations and instructions,
including, without limitation, environmental health safety and regulations respecting the premises used, in
effect now or as may be amended or added. This compliance shall be at each Party’s sole cost and expense.
6. MCPRD Park Rules are attached hereto as Exhibit D and made a part hereof.
7. Participation in Similar Activities. This Agreement in no way restricts the Parties from participating in similar
activities with other public or private agencies, organizations, and individuals.
8. Indemnification. Each Party and each of its affiliates and each of their officers, directors and employees (as
"Indemnitor'') agrees to indemnify, defend, and hold harmless the other Party and each of its affiliates and
each of their officers, directors and employees (as "Indemnitee") from and against any and all damage, claims,
losses, liability, costs, or expenses whatsoever, whether absolute, contingent or otherwise (including
reasonable attorney's fees) (hereinafter collectively referred to as "Claims") arising from or in connection
with any negligent performance of this Agreement, but only to the extent that such Claims which result in
vicarious/derivative liability to the Indemnitee directly or indirectly due to (i) the Users engaging in any of
the Activities; (ii) the entry of the Users onto the Parks; (iii) any other act of omission of County, Aravaipa,
the Users, or any other person or entity; and (iv) the act, omission, negligence, misconduct, or other fault of
the Indemnitor, its officers, officials, agents, employees, or volunteers.
9. Insurance. The Parties acknowledge that the County is self-insured as provided in A.R.S. 11-981 and that
this self-insurance fully complies with the requirements under Section 8.a through c. Aravaipa shall secure
and maintain the following insurance coverage (unless otherwise stated below) within five (5) business days
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of the Effective Date. Aravaipa is responsible for ensuring all contractors and subcontractors have insurance
in the limits required under this agreement.
a. General liability insurance as per Table One.
b. Coverage must include sexual molestation for the limits of $1,000,000 per occurrence and $2,000,000
aggregate.
c. Vehicle liability: Five hundred thousand dollars ($500,000) combined single limit for all vehicles.
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. Coverage must include environmental clean-up for any events or activities determined to have a potential
for environmental damage, for example events involving gasoline/diesel engines that can leak in/on
County owned property/waterways. While Aravaipa may not be required to provide proof of coverage
for an event their contractors and sub-contractors may be required to provide proof of coverage if they
own /operate equipment that could give rise to environmental clean-up claims.
f. A Waiver of Subrogation/recovery against the County shall be included in all policies.
g. Additional insured status with an endorsement as broad as ISO Additional Insured Endorsement
CG20101185. The County, Bureau of Reclamation, Bureau of Land Management, Tonto National
Forest and State Trust Land shall be named as “additional insured” under all policies of insurance with
exception of Worker’s Compensation policy. Copies of all insurance policies or certificates thereof shall
be made available to the County upon request. Copies of the Certificate of Insurance (“COI”) will be
furnished annually to the County. The County shall be given thirty (30) days advance written notice of
cancellation of a policy, non-renewal, or change in coverage or limits.
h. The County reserves the right to revise the minimum required limits of insurance during the term of this
Agreement provided the changes are consistent with market conditions, prudent business judgment and
industry standards. Aravaipa and County will meet yearly to review claims, if any, to determine if
modification of limits is warranted.
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Table One
Description General Liability / Aggregate
Food Vending Services, i.e. hot dog, hamburgers, shaved ice 1m/2m
Food Vending via Boat - float on water concession 1m/2m
Equestrian, such as horseback riding, wagon/stage coach rides,
1m/2m
cookouts
Equestrian Rodeo Events, i.e. team roping, barrel racing etc. 2m/4m
Equestiran Competition rides (Endurance Races) 2m/4m
Mountain Bike Demonstration - rentals 1m/2m
Guided Mountain Biking on designated Park Trails 1m/2m
Guided Hiking on designated Park Trails 1m/2m
Races on Park Trails - Competitive Mountain Bike 1m/2m
Races on Park Trails - Foot Race 1m/3m
Triathlon - running, biking and swimming 1m/2m
Duathlon - running and biking 1m/2m
Organized Non Profit Events (ie Boyscout Jamboree) 1m/2m
Track Meets on designated Park Trails or open areas (ie Adobe) 1m/2m
Fireworks 2m/4m
Guided Sailing tours 1m/2m
Guided Boat tours 1m/2m
Guided Fishing tours 1m/2m
Guided Rafting/Kayaks 1m/2m
Guided/Rentals Paddle Boards 1m/2m
Fishing Derby 1m/2m
Sail Boat Regattas 2m/4m
Jet Ski Rentals 1m/3m
Boat Rentals 1m/3m
Powerboats 1m/3m
Flyboarding 2m/4m
Wakeboarding 2m/4m
Scuba Instruction and certification with Dive Masters 1m/3m
Seaplanes 2m/4m
Film Shoots 1m/2m
Photography Shoots 1m/2m
Family Events, i.e. Bounce Stations 2m/4m
Festivals 1m/2m
Concerts 2m/4m
Motorcycle Demonstration 2m/4m
Motorcycle Track Racing (ie, Flattrack motorcycle, MiniMoto
1m/2m
Motorcycles)
Softball, Baseball Adult; organized league play 1m/2m
Softball, Baseball Children/teens; organized league play 1m/2m
Multipurpose field use - soccer or football; organized league play 1m/2m
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10. Assignment. Aravaipa shall not assign, sell, transfer or subcontract in whole or in part the Aravaipa’s rights
or interests in the Agreement without prior written approval of the County.
11. Compliance.
a. Aravaipa shall not discriminate against any employee or applicant for employment because of race, age,
handicap, disability, color, religion, sex, sexual orientation or national origin. Aravaipa 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.
b. Aravaipa shall agree to comply with the Immigration Reform and Control Act (“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.
c. Aravaipa shall warrant full compliance with all federal immigration laws and regulations that relate to
their employees, and their compliance with A.R.S. §23-214 et seq. A breach of this warranty shall be
deemed a material breach of this Agreement that is subject to penalties up to and including termination
of this Agreement. The County retains the right to inspect Aravaipa records indicating its compliance
with all federal immigration laws and regulations that relate to their employees, and A.R.S. §23-214 et
seq. Nothing herein shall make Aravaipa an agent or employee of the County.
d. Aravaipa warrants compliance with verification of employment eligibility and E-Verify Program.
12. Performance. 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.
13. Compensation. Compensation shall be to the County according to an individually signed SOW for a specific
Activity per Section J.1.b.
14. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be
invalid, void, or unenforceable, then the remaining provisions shall remain in full force and shall in no way
be affected, impaired or invalidated.
15. Waiver of Breach. Waiver of any breach of any term, condition or covenant of this Agreement shall not be
deemed to be a waiver of any subsequent breach of any term, condition or covenant.
16. No Publicity. Neither Party may use the other Party’s name or mark in any advertising, written sales
promotion, press release and/or other publicity matters relating to this Agreement without the other Party’s
prior written consent.
17. Governing Law. This Agreement shall be construed in accordance with and shall be governed, interpreted
and regulated by, the laws of the State of Arizona, and arbitration proceedings, if applicable, or suit to enforce
any provision of this Agreement or to obtain any remedy with respect hereto may be brought in the Superior
Court of the State of Arizona, Maricopa County, and for this purpose each Party hereby expressly and
irrevocably consents to the jurisdiction of said Court.
18. Fees and Costs. 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 and any appeal,
the Party not prevailing shall pay to the prevailing party a sum which the trial judge determines is reasonable
as attorneys’ fees to be allowed in the suit or action, and court costs.
19. Entire Agreement. This Agreement, including the SOWs for the individual Activities and any other exhibits,
constitutes the entire understanding of the Parties and supersedes any other prior agreement or understanding
between the Parties relating to the subject matter.
20. Damages Limitation. In no event will the Countybe liable to the other for an incidental, indirect, special or
consequential or punitive damages for any claim arising under this Agreement, including damages arising
from loss of revenues, profits, business opportunity or use regardless of the cause of action and even if a
Party has been advised of the possibility of such damages.
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IN WITNESS WHEREOF the Parties hereto have caused these present to be executed as of the dates set forth
below:
MARICOPA COUNTY
________________________________________
Chairman, Board of Supervisors Date
Attest:
________________________________________
Clerk of the Board Date
Approved as to form:
__________________________________________
Deputy County Attorney Date
By:
Name: Jamil Coury
Title: CEO
Date: 12/15/2020
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Exhibit A
Maricopa County Parks and Maricopa Trail Map
Park Name Phone
• Adobe Dam / Cave Creek Regional Park / Spur Cross Ranch Cons. Area: 602-506-2930 Ext 8
• Estrella Mountain Regional Park/ Buckeye Hills Regional Park: 602-506-2930 Ext 6
• Lake Pleasant Regional Park: 602-506-2930 Ext 2
• Desert Outdoor Center: 602-372-7470
• McDowell Mountain Regional Park: 602-506-2930 Ext 3
• San Tan Mountain Regional Park: 602-506-2930 Ext 7
• Usery Mountain Regional Park: 602-506-2930 Ext 4
• White Tank Mountain Regional Park: 602-506-2930 Ext 5
• Maricopa Trail: 602-506-2930 Ext 2
• Vulture Mountains Recreation Area: 928-684-2772
• Hassayampa River Preserve: 928-684-2772
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as to as to marketing SOW:
referred referred events, and (SOW-OP). this in parties): Date
(hereinafter (hereinafter stewardship educating, plan described both Description
by
County LLC sales, sponsoring, operation Activities agreement Activity
Running, commercial SOW the Contact
Maricopa with of mutual
Aravaipa tours, promoting, Activity(ies) Point to MCPRD
between connection MCPRD subject by
(SOW) the and commercial implementing, the for in are Vendors Review
________________ MCPRD) eventss, required contact Activity(s) for
B WORK coordinating, of multiple) of Rental Equipment Received
as to competitive Agreement. information Information points be (Dates
EXHIBIT OF dated referred respective (may
planning, the in additional Contact Name: Phone: Email: Activities indicated Proposed Date(s) Time(s)
Agreement (hereinafter opportunities, to them their as
STATEMENT limited to for as Parks
Marketing not ascribed Aravaipa persons at Proposed Park(s)
Department (recreational but Activities Date
and including meaning contact following
Program Recreation Activities the will the Contact following Activity
Joint and of events, have MCPRD's designate of the of Name
the to Parks multitude special SOW Point conduct
pursuant its “Agreement”). a and this in SOW, the parties Aravaipa will
made through include promotions, defined of The Aravaipa Type
is and by (the may not completion Contact. Activity Information: By:
SOW This County) Aravaipa) SOW This programs, terms Upon of Points Name: Phone: Email: Activities. Add'l Submitted Signature
All
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Exhibit C Release of Liability Template
ARAVAIPA TO PROVIDE
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Exhibit D
MCPRD Park Rules
MARICOPA COUNTY PARKS AND RECREATION
PARK RULES
Adopted August 13, 2003 by the Maricopa County Board of Supervisors
Revised January 13, 2016 by the Maricopa County Board of Supervisors
R-101 DEFINITIONS
The following definitions shall determine meanings for certain facilities, objects, entities or activities.
1. “Abandoned Vehicle” means any vehicle, boat, trailer, or structure, which shows evidence of being left unattended for a period of
48 hours unless displaying an official permit indicating a stay in excess of 48 hours.
2. “Aircraft” means a structure or device for navigation of the air that is supported either by its own buoyancy or by the dynamic
action of the air against its surface.
3. “Camping” means erecting a tent or shelter or arranging bedding, or both, for the purpose of, or in such a way as will permit,
overnight use; or parking a trailer camper or other vehicle for the purpose of remaining overnight.
4. “Commission” means the Maricopa County Parks and Recreation Commission.
5. “County” means Maricopa County.
6. “Department” means the Maricopa County Parks and Recreation Department.
7. “Loudspeaker or public address system” means a device to amplify or direct sound.
8. “Maricopa County Park(s)” means any land or areas under the control of the Maricopa County Board of Supervisors which has
been designated as a Park, Recreation Area or Conservation Area.
9. “Roads” means the entire width between the boundary lines of every way when any part thereof is open, kept or maintained for
use by the public for purposes of vehicular travel.
10. “Special Use Permit” means commercial or non-commercial permits issued by the Department for activities outside a park’s
activity design or which excludes the general public or for which there is monetary gain.
11. “Swimming” means to propel one’s self in water by natural means; consequently aquatic activities including the full or partial use
of inner tubes, air mattresses or personal support devices.
12. “Designated Trail” means an authorized recreational trail designed, constructed, and maintained according to standards within
the county manual; it is within Maricopa County Parks’ boundaries and has been included in the Maricopa County Park trail system
inventory.
R-102 SPECIAL USE PERMITS, FEES AND APPROVALS
1. Special Use Permits shall be required for eligible non-profit, government or private, as well as commercial uses.
2. For eligible non-profit uses, a Special Use Permit is required of any person or group for any activity outside each park’s activity
design, or for the use of specific park areas that require the exclusion of general public usage.
3. A Special Use Permit shall also be obtained in advance by any person or group wishing to use a Maricopa County Park for
eligible commercial uses.
4. Park Impact Fees for Special Use Permits shall be negotiated by the Department based on the expenses related to the
administration of the activity, protection of the park and visitors, and in accordance with established fee schedules when applicable.
5. The Department may require commercial applicants to enter into an agreement with the County for a negotiated percentage of
gross receipts not to exceed twenty (20) percent.
6. The Department may require the permittee to post a deposit against damage and clean-up expense, provide a certificate of
insurance naming the department as additionally insured, and/or provide for adequate medical, sanitary and security services.
7. A performance and payment bond may be required from any permitee who is providing a service that was solicited to provide any
event or activity sponsored by the department.
8. The Department may impose conditions on the conduct of any activity, which are necessary to protect the area and maintain its
availability as a public park.
9. A Special Use Permit is not required for any person operating under the provisions of a valid special use or commercial
management concessions agreement with the department.
10. Special Use Permit applications, which are compatible with the management objectives of the individual park, may be refused
for health and safety reasons or to protect the park from significant damages. With respect to competing non-profit uses, the use of
park space shall be granted on a first-come, first-served basis. With respect to competing commercial uses, informal Proposals shall
be solicited and the Special Use Permit awarded to that concessionaire which offers to provide the County with the highest potential
revenue and/or best recreational value to park patrons, provided the concessionaire does not have a poor performance history on
any prior permits.
11. All persons entering a park under a Special Use Permit are subject to all entrance and/or use fees, and all rules and regulations
concerning park resource and facility use. The total amount of entrance fees owed by persons entering a park under a Special Use
Permit, may be calculated in advance and paid in accordance with terms negotiated as part of the Special Use Permit.
12. A decision by the Department concerning any Special Use Permit may be appealed to the Commission.
13. Applications for Special Use Permits may be obtained from an authorized representative of the Department.
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Exhibit D (Continued)
MCPRD Park Rules
R-103 VIOLATIONS AND PENALITIES
1. Any person who violates any of these rules shall be guilty of a Class 2 misdemeanor.
2. Any person who violates any of these rules may also be evicted for failure to comply.
THE FOLLOWING ACTS ARE PROHIBITED IN MARICOPA COUNTY PARKS:
R-104 ENTRY, USE, OCCUPANCY, FEES
1. Entering, using, or occupying of a Maricopa County Park or its facilities, designated trails or waterways under the supervision and
control of the Department for any purpose when said parks or areas are posted against such entrance, use, occupancy or where
barriers exist.
2. Entering upon or using for any purpose, the land, water or facilities within the boundaries of Maricopa County Parks when a fee,
rental, admission or other consideration has been established for such land, water or facilities, unless the person entering or using
such land, water or facility has paid said fee, rental, admission or other consideration.
R-105 ANIMALS AND PETS
1. Riding, permitting or allowing livestock, saddle, pack, or draft animals except on designated trails or areas under special permit
issued by the Department or by special provisions of a use management agreement.
2. Possessing, allowing or permitting a dog and/or other pets in a Maricopa County Park, unless the same shall be under immediate
control on a leash not exceeding 6 feet in length, except the leash requirement shall not apply to dogs while being used in hunting,
or in field trials, or while being trained, when upon lands open to such uses and it does not interfere with other park activities.
3. Possessing, allowing or permitting a dog in a Maricopa County Park without a current dog license.
4. Allowing dogs or other pets, other than seeing-eye or hearing guide dogs, within the confines of public park buildings.
5. Allowing dogs and/or other animals to create a nuisance, noise or disturbance in any area.
6. Failure of owners of pets to properly remove and dispose of any waste.
7. Scattering and/or depositing the ashes of any animal.
R-106 DISCHARGE OF FIREARMS, HUNTING AND TRAPPING
1. Except as provided by state law, discharging a firearm, shooting with bow and arrow, or setting traps except in locations provided
for that purpose and as permitted by Arizona Game and Fish rules.
R-107 MOTOR VEHICLES AND BICYCLES
1. Operating any motorized vehicle except on roads and parking areas designated by the Department for such purpose.
2. Abandoning any vehicle in any area of a Maricopa County Park. Vehicles violating this section may be towed at the owner’s
expense.
3. Parking a motor vehicle or trailer or other device towed by a motor vehicle in such a manner whereby roads, parking areas or
other traffic ways or traffic are blocked or otherwise impeded. Vehicles violating this section may be towed at the owner’s expense if
such violation constitutes blockage of any emergency lane or otherwise interferes with park operations.
4. Operating a bicycle in a careless or reckless manner, or in disregard of the safety of any person or property.
5. Utilizing bike ramps in non-designated areas.
6. Operating, without permission from the County, any motorized skateboard, motorized scooter, moped or like device.
R-108 WATERCRAFT AND SWIMMING
1. Bringing into, or operating any watercraft upon any body of water, except at such places and in such manner as designated for
such use or purpose by the Department.
2. Storing or leaving any watercraft without first obtaining a permit issued by the Department or its authorized concessionaire.
3. Swimming in areas posted against such use.
4. Cliff jumping.
R-109 VANDALISM
1. Destroying, damaging, or removing any tree, shrub, wildflower, cactus, or any other vegetation, or any other vegetative product or
by-products without first obtaining a written permit from the Department.
2. Destroying, damaging, defacing or removing any County property or property administered by the Department.
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Exhibit D (Continued)
MCPRD Park Rules
R-110 LITTERING
1. Depositing or abandoning garbage, sewage, refuse, trash, waste, or other obnoxious material, except in receptacles or containers
provided for such purposes.
2. Throwing or breaking any glass, plastic or ceramic object leaving shards or other fragments on park property.
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 for any purpose.
2. Engaging in noisy conduct, operating generators or motors, operating radios, or otherwise making loud or disturbing noises that
may disturb the peace of the area between the hours of 10:00 p.m. and 6:00 a.m.
3. Public urination or public defecation.
4. Engaging in noisy conduct that disturbs the peace.
R-112 CAMPING
1. Camping without first obtaining a written permit issued by the Department
2. Failure to obey all written or posted camping regulations.
R-113 FIRES
1. Building fires except in designated places.
2. Building fires in any area posted against such use.
3. Building wood or charcoal fires at any time posted against such activity (during fire ban).
4. Use of gas or propane stove or grills when use is prohibited (during extreme fire ban).
5. Abandoning any fire without completely extinguishing it.
6. Allowing a fire to escape from control.
R-114 PUBLIC OR COMMERCIAL ACTIVITES
1. Conducting any activity or assembly outside the individual park’s activity design or requiring the use of park areas which exclude
the use by the general public without first obtaining a Special Use Permit from the Department.
2. Posting, placing, or distributing advertising material; erecting a fence or barrier (except under specific use management or lease
agreements), constructing or occupying improvements; or enclosing County administered lands without first obtaining a Special Use
Permit from the Department.
3. Using a loudspeaker, or public address system, or amplifier without first obtaining a Special Use Permit from the Department.
4. Using County administered lands for a commercial purpose without first obtaining a Special Use Permit or use management or
lease agreement from the Department.
R-115 GLASS BOTTLES
1. Possessing glass, ceramic or hard frangible plastic beverage bottles.
R-116 AIRCRAFT AND ENGINE POWERED MODELS
1. Operating any passenger carrying aircraft of any nature or parachute, including parasailing, except in areas designated for such
use by the Department or in an emergency situation.
2. Operating engine powered models and/or toys in any park area not designated for such use or in such a manner that it could be a
hazard to the public.
R-117 INTERFERENCE WITH A PARK RANGER OR A PARK POLICE OFFICER
1. Interfering with any Park Ranger and/or Park Police Officer in the discharge of the Park Ranger’s and/or Park Police Officer’s
duties.
2. Failing or refusing to obey any lawful command of any Park Ranger and/or Park Police Officer or other Certified Peace Officer.
R-118 TRAILS
1. Damaging, blocking, restricting or otherwise interfering with the use of a trail.
2. Throwing or rolling rocks or other items into valleys or canyons, down hillsides, mountainsides or trails.
3. Leaving a designated trail or walkway between trailheads.
4. Operating a bicycle, riding a horse, or hiking, except on trails designated for that use.
5. Failure to follow any sign that dictates the use or behavior on a trail.
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