CONTRACT WITH CITY OF PEORIA FOR SUMMER PROGRAM EVENT.PDF

Participation Agreement
This City of Peoria Participation Agreement (“Agreement”) is entered into this 20th day of April
2016, by and between the City of Peoria, an Arizona municipal corporation (“City”) and Maricopa
County, (“Participant”), whose address is
Participant Name: Maricopa County administered by it Human Services Department
Address: 234 North Central, 3rd Floor, Phoenix, AZ 85004
Phone: 602-506-5911
Contact Name: Bruce Liggett
for the Passport to Summer on May 7, 2016 at Rio Vista Recreation Center, 8866 W.
Thunderbird Rd., Peoria, AZ 85381
The City agrees that Participant shall receive the following:
 1- 6’ table plus 2 chairs
Total Participant costs: $0
The undersigned Participant and the City of Peoria hereby agree to the terms as specified above pursuant to the terms
and conditions set forth in this Agreement and in City of Peoria’s TERMS AND CONDITIONS set forth on the following
page. Participant agrees that no promises of any kind not set forth herein shall bind or in any way affect the obligations
of the parties to this Agreement. This Agreement shall be non-assignable and non-cancelable by Participant upon
acceptance by the City of Peoria.
* Certificate of Liability Insurance required per item “n” of TERMS AND CONDITIONS.
City of Peoria, an Arizona Municipal Corporation
Maricopa County: City Contact:
______________________________________ __________________________________________
Clint L. Hickman Date Debbie Pearson Date
Chairman, Board of Supervisors Human Services Coordinator
Attested to:
Date
___________________________________ __________________________________________
Clerk, Board of Supervisors Chris Jacques
Planning and Community Development Director
Approved As To Form:
___________________________________
Deputy County Attorney Date

CITY OF PEORIA – TERMS AND CONDITIONS:
a. The parties shall be and act as independent contractors, and under no circumstances shall this Agreement be
construed as one of agency, partnership, joint venture or employment between the parties. Neither party
hereto shall have the authority to bind the other in any respect. Participant shall be solely responsible for all
wages, income taxes, workers compensation and any other requirements for its employees and personnel.
b. Participant will relinquish all ownership rights to any cash or other property provided and will not charge any
costs of Participation to the City. Participant agrees that any Participation property (i.e. gift cards, etc.) left over
may be redirected to other programs as determined by the Planning and Community Development Director.
c. Participant will not use City logos as an incidental benefit of this Participation.
d. The City reserves the right, in its discretion, not to accept any advertisement copy provided by Participant.
e. The City reserves the right to limit the amount of space afforded any one Participant.
f. The acceptance by the City of Participant’s advertisement does not constitute any endorsement of
Participant’s product or service by the City.
g. The City shall have the absolute right to designate the location and placement of any Participant.
h. Participant shall, at its sole cost and expense, indemnify, hold harmless and defend the City of Peoria, sellers,
distributors or person from the product or service provided by Participant and from any and all liabilities,
damages, costs, expenses (including but not limited to attorney’s fees and litigation expenses) and/or claims
arising or alleged to have arisen, directly or indirectly, out of the product or service provided by Participant,
whether such claim is based on alleged misrepresentation, misappropriation, unfair competition or otherwise.
Furthermore, to the fullest extent permitted by law, Participant shall defend, indemnify and hold harmless the
City, its agents, representatives, officers, directors, officials and employees from and against all claims,
damages, losses and expenses (including but not limited to attorney fees, court costs, and the cost of
appellate proceedings), relating to, arising out of, or alleged to have resulted from the provision by Participant
to the public of any items bearing Participant's advertisements pursuant to this Agreement. Participant's duty
to defend, hold harmless and indemnify the City, its agents, representatives, 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, or destruction of property including loss of use
resulting therefrom, caused by the provision by Participant to the public of any items bearing Participant's
advertisements pursuant to this Agreement.
i. Unilateral cancellation to provide the service or product by Participant pursuant to the terms of the Agreement
is not permitted, in whole or in part, before the scheduled date for Participant to provide the service or product.
Any attempt to do so shall not reduce Participant’s obligations to pay all sums due hereunder.
j. This Agreement is subject to the provisions of and may be cancelled by the City pursuant to A.R.S. § 38-511
for conflict of interest. In addition, the City, at its sole option, may cancel this Agreement at any time in the
event that Participant fails to pay the aggregate sums due hereunder, or in the event of any other breach of
this Agreement by Participant. Upon such cancellation, all costs and damages incurred by the City for
Participant shall become immediately due and payable.
k. In the case that the events and/or Participant’s ability to perform the services or provide the products are
prevented or omitted because of war, an act of God, public emergency or necessity, legal restriction, strikes,
boycotts, cancellation, mechanical or electrical breakdowns, or for any other reason beyond the control of the
City and the events cannot be rescheduled, Participant shall be entitled to a pro rata refund of the fee paid.
l. This Agreement shall be interpreted and governed under the laws of the State of Arizona.
m. This Agreement cannot be amended except by a written agreement signed by the authorized representatives
of both parties as specifically referring to this Agreement.
n. All Participants and their affiliates or representatives who will conduct on-site promotional activities will be
required to present a certificate of Commercial General Liability insurance with a limit not less than $1,000,000
general liability and $2,000,000 general aggregate coverage. The policy must name the City of Peoria as an
additional insured. Maricopa County is a self-insured political subdivision and will provide a certificate of self-
insurance reflecting the same.