MOU.PDF

MEMORANDUM OF UNDERSTANDING
BETWEEN
MARICOPA COUNTY THROUGH ITS DEPARTMENT OF EMERGENCY
MANAGEMENT
AND
RUBIO'S COASTAL GRILL
FOR
PROMOTIONAL PARTNERSHIP FOR RESIDENTS PREPARDENESS CAMPAIGN
This is a Memorandum of Understanding (MOU) between the Maricopa County
Department of Emergency Management (MCDEM) and Rubio's Coastal Grill. When
referred to collectively, the MCDEM and Rubio's Coastal Grill (Rubio's) are referred to
as the "Parties".
BACKGROUND: Rubio's will provide one (1) Free Food Item via a virtual coupon once the
Maricopa County resident downloads the Ready.Maricopa.gov Preparedness app. The
campaign will end on June 10, 2019, at which time MCDEM will cease featuring the coupon
offer with the app and Rubio's will discontinue use of the approved Maricopa graphic.
1. AUTHORITIES: N/A
2. PURPOSE: The purpose of this MOU is to offer an incentive (one Free Food Item
selected by Rubio's) to persons who download the Ready.Maricopa.gov Preparedness
app. And is it limited to one Free Food Item per person redeemable at Rubio's
restaurant locations in Maricopa County. There will be no cost to MCDEM.
3. UNDERSTANDINGS OF THE PARTIES:
3.1. The Maricopa County Department of Emergency Management (MCDEM) will:
3.1.1. Use the Rubio's logo in accordance with Rubio's trademark guidelines in connection
with our own marketing efforts through MCDEM Social Media Platforms.
3.1.2 Put a link to the coupon on the Ready.Maricopa.gov app.
3.2. Rubio's will:
3.2.1. Provide Free Food Item, via virtual coupon, when the
Ready.Maricopa.gov Preparedness app is downloaded.
3.2.2. Provide advertising via Rubio's Beach Club using the approved Maricopa
graphic during the campaign
4. PERSONNEL: Each Party is an independent contractor and is responsible for all costs of
its personnel, including pay and benefits, support, and travel. Each Party is responsible
for supervision and management of its personnel.
5. GENERAL PROVISIONS:

5.1. POINTS OF CONTACT: The following points of contact will be used by the
Parties to communicate in the implementation of this MOU. Each Party may
change its point of contact upon reasonable notice to the other Party.
5.1.1. For the MCDEM:
Hector Andrade-Planning and Communications Supervisor
Office: 602.273.1411
5.1.2. For the Rubio's Coastal Grill
Danielle Mann-Multi-Regional Field Marketing Specialist
Cell: 480-205-8005
5.2. CORRESPONDENCE: All correspondence to be sent and notices to be given pursuant
to this MOU will be addressed to:
Maricopa County Department of Emergency Management
5630 E McDowell Road, Phoenix, AZ 85008
Attn: Hector Andrade- Planning Communication Supervisor
and, if to:
Rubio's Coastal Grill
2200 Faraday Ave, Suite 250
Carlsbad, CA 92008
Attn: Danielle Mann- Multi-Regional Field
Marketing Specialist
5.3. FUNDS AND MANPOWER: There is no Financial Impact on the County's side of
this MOU. Rubio's will provide one (1) Free Food Item Coupon to any resident who
downloads the Ready.Maricopa.gov Preparedness app during the one (1) week
campaign.
5.4. MODIFICATION OF MOU: This MOU may only be modified by the written agreement
of the Parties, duly signed by their authorized representatives. This MOU will be
reviewed annually on or around the anniversary of its effective date, and triennially in its
entirety.
5.5. INDEMNIFICATION: To the fullest extent permitted by law, and to the
extent that claims, damages, losses or expenses are not covered and paid
by insurance purchased by Rubio's, Rubio's shall defend indemnify and
hold harmless the County (as Owner), its officers, directors, officials and
employees from and against all claims, damages, losses and expenses
(including, but not limited to reasonable attorneys' fees, court costs,
expert witness fees and the costs and reasonable attorneys' fees for
appellate proceedings) arising out of, or alleged to have resulted from the
negligent acts, errors, omissions, or mistakes of Rubio's relating to its

performance of this MOU.
Rubio's duty to defend, indemnify, and hold harmless the County, its
officers, directors, officials, and employees shall arise in connection with
any claim, damage, loss, or expense that is attributable to bodily injury,
sickness, disease, death or injury to, impairment of, or destruction of
tangible property, including loss of use resulting there from, caused by
negligent acts, errors, omissions of Rubio's, any one directly or indirectly
employed by Rubio's, or anyone for whose acts Rubio's is liable, except
to the extent such claim, damage, loss or expense is caused by the
negligence or misconduct of a party indemnified hereunder.
MCDEM retains all responsibility for any claims, damages, losses or
expenses resulting from the Ready.Maricopa.gov Preparedness app.
5.6. TERMINATION OF UNDERSTANDING: This MOU may be terminated in writing at
will by either Party with at least a 30 day advance notice or as set forth in paragraph
5.10 of this MOU.
5.7. TRANSFERABILITY: This MOU is not transferable except with the written consent of
the Parties.

5.8. ENTIRE UNDERSTANDING: It is expressly understood and agreed that this MOU
embodies the entire understanding between the Parties regarding the MOU's subject
matter.
5.9. EFFECTIVE DATE: This MOU takes effect beginning on the day after the last Party
signs.
5.10. EXPIRATION DATE: This MOU expires on June 10, 2019
5.11. CANCELLATION OF PREVIOUS MOU: N/A
6. APPROVED:
For the Chairman, Board of Supervisor: For Rubio's Coastal Grill:
(Date) (Date)
L't
Clerk of the Board, Fran McCarroll
(Date)
Maricopa County Attorney: Approved as to Form:
(Date)