IGA RE SHARED REC OPPORT LK PLEASANT WITH PEORIA.PDF

INTERGOVERNMENTAL AGREEMENT
BETWEEN
MARICOPA COUNTY
AND
THE CITY OF PEORIA
FOR SHARED RECREATIONAL OPPORTUNITIES, PROGRAMS, MARKETING, AND
SPECIAL EVENTS AT LAKE PLEASANT REGIONAL PARK
THIS INTERGOVERNMENTAL AGREEMENT (“Agreement”) is made and entered into between
Maricopa County, Arizona, a political subdivision of the State of Arizona (“County”), and the City
of Peoria, Arizona, a Municipal Corporation (“City”).
WITNESSETH
WHEREAS, the County and the City (hereinafter collectively referred to as the “Parties”)
are authorized to enter into this Agreement pursuant to A.R.S. §§ 11-951 through 11-954 as
amended; and
WHEREAS, the County, through its Parks and Recreation Department provides
recreational opportunities and programs to the public; and
WHEREAS, the City provides recreational, opportunities and programs to the public; and
WHEREAS, the County operates Lake Pleasant Regional Park (“LPRP”) pursuant to a
Recreational Management Agreement between the County and the United States Department
of the Interior, dated June 29, 1990; and
WHEREAS, LPRP is a self-funded operation and all programs and partnerships must
provide reasonable economic returns to sustain park operations; and
WHEREAS, the City annexed a large portion of the property within LPRP by Ordinance
#99-29 on July 15, 1999; and
WHEREAS, the County and City desired to work cooperatively on certain projects within
LPRP through a separate Intergovernmental Agreement (“IGA”) (C-30-07-007-3-00) dated
December 20, 2006; and
WHEREAS, the County or City desires that the other perform certain recreational,
opportunities and programs (“Projects”) as described in separate Project Scopes (See Exhibit A
– Project Scope Template) to be presented from time to time and the County or City desires to
perform such Projects upon and subject to the terms and conditions hereinafter set forth; and
WHEREAS, this Agreement will require administrative action from time to time to carry
out the spirit and intent of this Agreement, the County desires to delegate to the Director for the
Parks and Recreation Department the authority and responsibility for proper administration of
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this Agreement, whether or not specific authority is granted in any provision of this Agreement;
and
WHEREAS, this Agreement will require administrative action from time to time to carry
out the spirit and intent of this Agreement, the City desires to delegate to the Director for the
Community Services Department the authority and responsibility for proper administration of this
Agreement, whether or not specific authority is granted in any provision of this Agreement.
NOW, THEREFORE, the Parties agree as follows:
1. PURPOSE OF AGREEMENT
1.1 The County and the City desire to work in harmony for the common purpose of
providing sustainable outdoor recreation opportunities in the LPRP and educating
the public regarding the same. The current LPRP map is available on the
County Parks and Recreation’s website.
1.2 To jointly plan and develop trails, greenways, and open space opportunities
mutually beneficial to the County and the City. To provide perpetual public
access for the multi-use Maricopa Trail that will connect the County to the City.
1.3 To jointly plan, coordinate, implement, and market special events,
recreational and educational programs, mutually beneficial to the County and
the City.
1.4 To share facilities, personnel, electronic resources and equipment when in the
best interest of the Parties to include training, resource management and
development, task forces, public meetings and events.
1.5 To work together when appropriate to develop marketing campaigns that promote
the features, programs and services offered at Lake Pleasant Regional Park. This
may be done through, but not limited to, advertising, branding, events,
campaigns, photo libraries, sponsorships, social media, and other forms of
marketing, promotions, and communications.
2. SCOPE OF WORK
2.1 Maricopa County desires to enter into an Intergovernmental Agreement with the
City of Peoria. This Agreement will enable the County, through its Parks and
Recreation Department (“Parks”) to coordinate with the City of Peoria, through its
Community Services Department (“Community Service”), on an individual basis,
to conduct defined recreational opportunities, programs, and events, including
but not limited to marketing/promotions that will benefit the public and the
community in support of the Parks’ mission of “providing recreational and
educational opportunities while protecting park resources for residents and
visitors so they can enjoy a safe and meaningful outdoor experience.”
No City sponsored programs, events or projects will be conducted at LPRP
without approval of Maricopa County through its Parks and Recreation Director.
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2.2 Opportunities or programs selected by Parks under this Agreement will be
focused around the “Project Scope”, as outlined in Section 2.0, in support of
Parks’ Mission Statement. Specific “Project Scopes” will be developed and
approved by the Director, Parks and Recreation Department, for each Project.
(See Exhibit A –Project Scope Template)
2.2.1 Within each “Project Scope” will be a financial determination wherein
Parks will follow a “Cost of Recovery” model to determine the appropriate
funds paid to Parks either by the City or general public.
2.3 The City recognizes potential impacts and conflicts with its program types and
those offered by the County and its Concessionaires within the boundaries of
Lake Pleasant Regional Park. All consideration of program impacts, revenue
projections and existing county concessionaire contractual obligations within the
boundaries of Lake Pleasant Regional Park will be detailed and addressed in
each Project Scope. The City agrees to dedicate 10% of gross program
revenues on city sponsored programs performed within the boundaries of Lake
Pleasant Regional Park and where offering such a program within the
Boundaries of Lake Pleasant Park is deemed an impact to the County by the
Director.
2.4 A “Project Scope” presented to the County shall be subject to approval by the
County.
2.5 A “Project Scope” presented to the City shall be subject to approval by the City.
3.0 TERM AND TERMINATION:
3.1 Effective Date.
This Agreement will become effective (“Effective Date”) upon execution by both
the Maricopa County Board of Supervisors and the City Council of the City of
Peoria.
3.2 Term.
The initial term of the Agreement shall be effective upon the approval of both the
Maricopa County Board of Supervisors and the City Council of the City of Peoria
and shall continue in effect for a period of five (5) years. After the initial term, the
Agreement shall automatically renew for one (1) additional five (5) year period
thereafter, unless terminated sooner as provided herein. This Agreement shall
be subject to each Party’s ability to receive sufficient funding for the renewal of its
obligations contained herein. This Agreement may be modified, by written
amendment, at any time by mutual written consent of both Parties.
3.3 Termination without Cause.
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Either Party may, at any time, terminate this Agreement by giving the other Party
not less than thirty (30) days prior written notice. In the event this Agreement is
terminated by either Party pursuant to this Section, the terminating Party shall
remain responsible for payment to the other Party for all work performed through
the date of termination and for reimbursement to the other Party of all non-
cancelable commitments for both parties incurred in the conduct of the Project.
Non-cancelable commitments shall include, but not be limited to, employment or
equipment rental commitments. Should such termination ultimately be effective,
it will not terminate any obligations of any Party under Section 5.0 of this
Agreement. If this Agreement is terminated without cause pursuant to this
Section, each party shall be liable for its own costs, except as specifically stated
herein.
3.4 Termination with Cause.
This Agreement may be terminated, in the event of conduct amounting to a
material breach by the Breaching Party, upon thirty (30) days advance written
notice given by the Non-Breaching Party to the Breaching Party. However, prior
to the proposed termination pursuant to this Section, the Parties agree to submit
to the contract resolution process set forth in Section 6.0. In the event a Party
remains dissatisfied after participating in such dispute resolution process, such
Party may then terminate this Agreement. Should such termination ultimately be
effective, it will not terminate any obligation of a Party under Section 5.0. In the
event of a termination for cause, the County will not be liable to the City for non-
cancelable commitments.
4. GENERAL PROVISIONS:
4.1 Entire Agreement.
This Agreement, including the “Project Scope” for the individual projects,
embodies the entire understanding of the Parties and supersedes any other
agreement or understanding between the Parties relating to the subject matter.
The Parties agree that should any part of this Agreement be held to be invalid or
void, the remainder of the Agreement shall remain in full force and effect and
shall be binding upon the Parties.
4.2 Waivers.
No waivers, amendment or modification of this Agreement shall be valid or
binding unless written and signed by the Parties. Waiver by either Party of any
breach or default of any clause of this Agreement by the other Party shall not
operate as a waiver of any previous or future default or breach of the same or
different clause of this Agreement.
4.3 Governing Law.
This Agreement shall be governed by and construed in accordance with the laws
of the State of Arizona.
4.4 Cancellation for Non-Appropriations.
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4.4.1 The Parties recognize that performance by the County depends upon
appropriation of funds by the County. If the County fails to appropriate
necessary funds, or if appropriation is reduced during the fiscal year, the
County may reduce the scope of this Agreement, if appropriate, or cancel
this Agreement, without further duty or obligation. The County agrees to
notify the City as soon as reasonably possible after they are aware of the
loss of funds.
4.4.2 The Parties recognize that performance by the City depends upon
appropriation of funds by the City of Peoria. If the City of Peoria fails to
appropriate necessary funds, or if appropriation is reduced during the
fiscal year, the City may reduce the scope of this Agreement, if
appropriate, or cancel this Agreement, without further duty or obligation.
The City agrees to notify the County as soon as reasonably possible after
they are aware of the loss of funds.
4.5 Conflict of Interest.
This Agreement is subject to the provisions of A.R.S. § 38-511.
4.6 Independent Contractor.
The County and City are independent contractors and shall be free to exercise
their discretion and independent judgment as to the method and means of
performance of their work hereunder. Employees of each Party shall not be
considered employees of the other Party, and a Party’s personnel will not, by
virtue of this Agreement, be entitled or eligible, by reason of this Agreement, to
participate in any benefits or privileges given or extended by the other Party to its
employees. Each Party assumes full responsibility for the actions of its
personnel while performing services under this Agreement, and shall be solely
responsible for their supervision, daily direction and control, payment of salary
(including withholding income taxes and social security), worker’s compensation
and disability benefits.
4.7 Nondiscrimination.
The Parties agree to comply with all applicable state and federal laws, rules,
regulations and executive orders governing equal employment opportunity,
immigration, nondiscrimination and affirmative action.
4.8 News Release.
4.8.1 The County may not use the name of the City in news releases, publicity,
advertising, or other promotion, without the prior written consent of the
City, except for documents used for internal consumption by the County.
4.8.2 The City may not use the name of the County in news releases, publicity,
advertising, or other promotion, without the prior written consent of the
County, except for documents used for internal consumption by the City.
.
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4.9 Use of Name.
No Party shall use the name, logo(s), or likeness of the other Party, or its
employees or agents, in any publicity or advertising material without the other
Party’s express written consent, such as but not limited to when referencing
recreation at Lake Pleasant.
4.10 Confidentiality.
Parties shall not be responsible for the protection of confidential or proprietary
information belonging to the other Party. However, all Parties agree to apply
necessary safeguards and practices to minimize the inadvertent loss of
information.
5.0 LIABILITY INSURANCE AND INDEMNIFICATION:
5.1 The County maintains general liability insurance and worker’s compensation
coverage as required by state law and pertinent federal laws and regulations
under the Maricopa County’s Self-Insurance Trust and commercial insurance
program.
5.2 The City maintains general liability insurance and worker’s compensation
coverage as required by state law and pertinent federal laws and regulations
under the City of Peoria, Self Insured Retention program pursuant to its City
Charter.
5.3 Indemnification.
To the extent permitted by law, and consistent with the obligations set forth in
Sections 5.1 and 5.2 above, and the terms of A.R.S. § 12-2501, et.seq., City (as
“Indemnitee”) shall indemnify and hold harmless the County and Bureau of
Reclamation; the County shall indemnify and hold harmless City (as
“Indemnitee”) from and against any and all liability, claims, losses, costs and
expenses (including reasonable attorney’s fees) (hereinafter collectively referred
to as “claims”) related to their performance under this Agreement and arising out
of bodily injury of any person (including death) or property damage but only to the
extent that such claims which result in vicarious or derivative liability to the
Indemnitee are caused by the act, omission, negligence, misconduct, or other
fault of the Indemnitor, its officers, officials, agents, employees, or volunteers.
5.4 Each Party agrees to make all reasonable efforts, consistent with advice of
counsel and the requirements of applicable insurance policies and carriers, to
coordinate the defense of all claims in which another Party is either a named
party or has a substantial possibility of being exposed to potential liability.
5.5 The terms of this Agreement and its insurance and indemnification provisions do
not apply to participants who engage in any activity outside the scope of this
Agreement.
5.6 Binding Effect.
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The obligation set for the in this Section 5.0 shall be binding upon the Parties and
extend beyond the termination of this Agreement.
5.7 Environmental Compliance.
5.7.1 Regulated Use.
5.7.1.1 The City shall provide to the County, in writing, a complete list
identifying all hazardous materials or petroleum products
initially to be brought on Site. Thereafter, the City shall
provide written notice to the County only when other
hazardous material or petroleum products which were not
initially identified are brought on the Site.
5.7.1.2 Additionally, the City will prepare and implement any
necessary remediation action plan in accordance with all
applicable federal, state, the County, and city statutes, laws,
ordinances, rules and regulations. The City shall keep
Material Safety Data Sheets (MSDS) documents, or the
equivalent thereof, on site for those materials and products.
5.7.1.3 The City shall report to the County within twenty four (24)
hours of knowledge of any event or occurrence at the Site
which may or does result in pollution or contamination
adversely affecting lands, water or facilities owned or
managed by County.
5.7.2 Regulated Disposal.
5.7.2.1 The City shall protect, defend, indemnify and hold harmless
the County and Reclamation from and against all liabilities,
costs, charges and expenses, including civil or criminal
penalties, attorney’s fees and court costs 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 LPRP
or temporary facilities due to the City’s use or occupancy of
the Site after the signing of this Agreement ; or (b) any
release, threatened release or escape of any substance in, on,
under or from said Site that is caused in whole or in part, by
any conduct, action or negligence of the City.
5.7.2.2 For the purposes of this Agreement, the term "regulated
substances" shall include substances defined as "regulated
substances," "hazardous waste," "hazardous substances,"
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"hazardous materials," "toxic substances" or "pesticides" in the
Resource Conservation and Recovery Act, as amended by the
Hazardous and Solid Waste Amendments of 1984, the
Comprehensive Environmental Response, Compensation and
Liability Act, as amended in 1986 to include Superfund
Amendments and Reauthorization Act, the Hazardous
Materials Transportation Act, the Toxic Substance Control Act,
the Federal Insecticide, Fungicide and Rodenticide Act, the
relevant local and state environmental laws, and the
regulations, rules and ordinances adopted and publications
promulgated pursuant to the local, state and federal laws. This
indemnification shall include, without limitation, claims or
damages arising out of any violations of applicable
environmental laws, regulations, ordinances, rules or
subdivisions thereof. This environmental indemnity shall
survive the expiration or termination of this Agreement.
5.7.2.3 The City accepts sole responsibility and liability for all wastes
produced by its operation, activities and occupation of the Site
and shall comply with all applicable laws concerning such
wastes, including federal, state, county and local regulatory
requirements. Any such waste must be disposed of in
compliance with the above.
5.7.2.4 The City further hereby represents and warrants to the County
that the City, its agents, employees, and contractors, shall be
solely responsible for and assume any responsibility for
generating, storing, releasing, placing or allowing to remain on
the property any hazardous substances, hazardous wastes, or
toxic substances (hereinafter collectively referred to as
"Hazardous Substances"), as those terms are defined and
regulated under C.E.R.C.L.A., 42 U.S.C. 9601 et seq.,
R.C.R.A., 42 U.S.C. 6901 et seq., or T.S.C.A., 15 U.S.C. 2601
et seq. The City agrees to comply with all environmental laws
and regulations and to take such other actions as may be
reasonably required to protect against environmental liabilities.
Any such “Hazardous Substances” must be disposed of
pursuant to and in compliance with all required laws, rules and
regulations concerning the use and disposal of such
substances.
5.7.2.5 Management and proper disposal of all hazardous material,
including Hazardous Substances, is the responsibility of the
City. The City must keep appropriate and required
documentation relating to the management and disposal of
Hazardous Substances.
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5.7.2.6 The County will provide the City with environmental
information specific to LPRP so that it may assist in training
their staff such as but not limited to flora, fauna, geography,
etc.
6.0 ARBITRATION:
In the event of any dispute, claim, question, or disagreement arising from or relating to
this Agreement or the breach thereof, the Parties hereto shall use their best efforts to
settle the dispute, claim, question, or disagreement. Notice of a dispute must be
submitted to the other Party in writing (“Notice of Claim”). To this effect, they shall
consult and negotiate with each other in good faith and, recognizing their mutual
interests, attempt to reach a just and equitable solution satisfactory to both parties. If
they do not reach such solution within a period of sixty (60) days from the receipt of
written Notice of Claim, then, upon notice by either to the other (“Notice of Arbitration”),
all disputes, claims, questions, or differences shall be finally settled by arbitration to the
extent required under A.R.S. § 12-1518 and § 12-133. The Parties shall select a
mutually acceptable arbitrator within sixty (60) days of Notice of Arbitration. If a mutually
acceptable arbitrator cannot be agreed upon, each Party shall select an arbitrator and
the selected arbitrators shall appoint a third arbitrator to decide the claim. The
arbitration shall be governed by the American Arbitration Association’s Commercial
Arbitration Rules.
7.0 GOVERNANCE AND COOPERATION BETWEEN PARTIES:
This Agreement reflects the mutual interests of the Parties hereto and the public. This
Agreement contemplates a continuing spirit of cooperation between the Parties for the
attainment of results beneficial to all concerned. Each Party shall recognize and
promote the accomplishment of mutual objectives and this Agreement shall be
interpreted in a manner that best supports coordinated recreational opportunities and
programs. Each Party reserves the right to ask to have included in the Projects covered
by this Agreement, any additional features which it may deem reasonably necessary,
provided such Projects are consistent with the policies of the Parties, and each Party
hereby agrees to give reasonable consideration to all such requests.
8.0 ASSIGNMENT:
No Party has the right or the power to assign this Agreement, in whole or in part, without
a ninety (90) day prior written consent of the other Party and any purported assignment
in contravention of this provision shall be null and void. The provisions of this section
regarding assignment do not apply in those situations where a Party to this Agreement
assigns their right, duties, and obligations hereunder to a legal entity that is its successor
in interest or to a legal entity that has common ownership with that Party. Any Party may
assign, delegate, or transfer this Agreement in whole or in part to any affiliate, existing
now or in the future, or to any entity which succeeds to the applicable portion of its
business through a sale, merger, or other transaction, provided that such other entity
assumes the obligations of the Assigning Party hereunder.
9.0 COMPENSATION:
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Compensation shall be on a cost reimbursable basis. County shall pay the City and the
City shall pay the County according to an individually designated “Project Scopes” for a
specific Project. The amount of the contract price due for the Project shall be paid upon
receipt of invoices from the invoicing Party. Invoices are due and payable within thirty
(30) days.
10.0 NOTICES:
Whenever written notice is required or permitted to be given by any Party to another,
such notice shall have been deemed to have been sufficiently given if personally
delivered or deposited in the United States mail in a properly stamped envelope, certified
or registered mail, return receipt requested, addressed to:
Maricopa County: Maricopa County Parks and Recreation Department
Attn: Contract Administrator
234 N. Central Avenue, Suite 6400
Phoenix, AZ 85004
City of Peoria: City of Peoria
Attn: Community Services Director
9875 West 85th Avenue
Peoria, AZ 85345
11.0 RECORD RETENTION AND INSPECTION:
To the extent required by A.R.S. §35-214, the Parties agree to retain all books,
accounts, reports, files and other records relating to this Agreement and to make such
records available at all reasonable times for inspection and audit by the Parties or the
Auditor General of the State of Arizona, or their agents, during the term of and for a
period of five (5) years after the termination of this Agreement.
12.0 E-VERIFY
To the extent applicable under Arizona Revised Statutes § 41-4401, each Party and its
contractors and subcontractors warrant their compliance with all federal immigration
laws and regulations that relate to their employees and their compliance with the E-verify
requirements under Arizona Revised Statutes § 23-214(A). A breach of the
above-mentioned warranty by any Party or its contractors or subcontractors shall be
deemed a material breach of the Agreement and may result in the termination of the
Agreement by the non-breaching Party. Each Party retains the legal right to randomly
inspect the papers and records of the other Party's or its contractors' or
subcontractors' employees who work on the Project to ensure that the other Party
and its contractors and subcontractors are complying with the above-mentioned
warranty.
13.0 SCRUTINIZED BUSINESS OPERATIONS
Pursuant to ARIZ. REV. STAT. §§ 35-391.06 and 35-393.06, each Party certifies that
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it does not have scrutinized business operations in Sudan or Iran. For the purpose of this
section the term "scrutinized business operations" shall have the meanings set forth in
ARIZ. REV. STAT. §§ 35-391 or 35-393, as applicable. If either Party determines that
the other Party submitted a false certification, that Party may impose remedies as
provided by law including terminating this agreement.
14.0 NON-EXCLUSIVE AGREEMENT:
Each Party may enter into similar agreements with other institutions, provided that such
agreements do not materially interfere with the ability of each Party to carry out its
obligations hereunder.
15.0 ENTIRE AGREEMENT:
15.1 This Agreement shall constitute the entire Agreement between the Parties
pertaining to the subject matter hereof and correctly sets forth the rights, duties
and obligations of each to the other as of its date. This Agreement shall
supersede any prior agreements or proposals with respect to such matters. This
Agreement may be executed in multiple copies and each such copy shall be
deemed an original copy of this Agreement.
15.2 Further, this Agreement contains the entire understanding of the Parties hereto.
There are no representations or provisions other than those contained herein.
This Agreement shall not be amended or modified, in any manner, except by an
instrument in writing, signed by the Parties hereto. Significant changes in the
scope of the Agreement may be negotiated, subject to a fully executed contract
amendment.
15.3 This Agreement shall be subject to the provisions of Arizona Revised Statutes §
38-511.
16.0 AUTHORITY:
The persons signing this Agreement warrant that they have full authority to do so and
that their signature shall bind the Parties for whom they sign.
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IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by its
duly authorized representatives on the respective dates entered below.
MARICOPA COUNTY CITY OF PEORIA
BOARD OF SUPERVISORS
____________________________________ ___________________________________
Chairman Date Mayor Date
ATTEST
____________________________________ ___________________________________
Clerk of the Board Date City Clerk Date
Approved as to Form: Approved as to Form:
____________________________________ ___________________________________
Attorney for Maricopa County Date City Attorney Date
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EXHIBIT A –PROJECT SCOPE TEMPLATE
This Exhibit represents a “type” Project Scope to be associated with this Agreement. Proposed
“Project Scope” must be approved by both Parties. The below items shall be considered and
incorporated where appropriate.
Project Scope:
The purpose of this recreational opportunity (“Project”) is the coordination with and support of
joint recreational programs and events (“Programs”) at Lake Pleasant Regional Park (“LPRP”).
The focus of the Water Programs will be on water safety, while at the same time, providing the
recreants an opportunity, in a controlled environment, to (not limited to) kayak, canoe, boat,
scuba dive, snorkel, swim, fish or other activities on the waters of LPRP or to (not limited to)
camp, hike, do land orientation or other land based activities at LPRP with the goal of expanding
the participants recreational experiences in the hopes of their continuation of activities in the
outdoors. The Maricopa County (“County”) and the City of Peoria (“City”) (alone referred to as
“Party” or together as “Parties”) shall retain complete control over such programs, services and
responsibilities of its own that are outside the scope of this Project. The Effective Date of this
“Project Scope” is the date approved by both the County and the City.
1. County Responsibilities.
A. Provide the recreational venue according to the Point of Sale system and
planning coordination between the parties to set appropriate dates, times and
locations.
B. Provide, author or agree upon details of the County’s portion or participation in
joint programming or joint events.
C. Provide maintained, safe equipment for County sponsored programs or for its
portion of the equipment provided in joint programming.
D. Provide fee information for various use areas and to invoice the City where
necessary.
E. Will provide advertising and notice to the public on the Maricopa County Parks
and Recreation website and on flyers or notices in the park, information
pertaining to joint programming.
F. Will provide short-term storage of equipment if possible, to support programs
immediately adjacent in time to the program being offered. The County assumes
no liability for lost stolen or damaged items during the temporary storage.
G. Provide required qualified instructors or staff in support of Programs sponsored
by the County. Qualification of instructors is to be determined by the County for
Programs they are sponsoring.
H. At no time during the term of this “Project Scope” will the County be responsible
for the providing or maintaining of any additional facilities, amenities, personnel
or utilities other than agreed to within.
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I. Provide appropriate regulatory information, rules and regulations that pertain to
each program or project.
2. City Responsibilities.
A. Provide recreational plans of any activities, dates and times proposed. The City
will coordinate with the LPRP Park Supervisor and staff prior to the planned
program or event as to navigational hazards, off-limit areas, reservations, etc.
Adequate time to reserve an area of use (should one be needed) is required.
B. Provide, author or agree upon details of the City’s portion or participation in joint
programming or joint events.
C. Provide maintained, safe equipment for City sponsored programs or for their
portion of the equipment provided in joint programming.
D. Provide required instructors or staff in support of Programs sponsored by the
City. Qualification of instructors is to be determined by the City for Programs they
are sponsoring.
E. Will provide advertising and notice to the public on the City of Peoria website,
Visit Peoria website and on flyers or notices, information pertaining to joint
programming.
F. The City is responsible for all costs associated with the operation of the Program,
Lake Pleasant entry fees, use fees and maintenance of its own equipment, which
includes, but is not limited to, license fees, trailer and watercraft maintenance,
maintenance of equipment, insurance and removal of debris inside and outside
of the storage facility or area used in support of the Program.
G. The City may encounter or encourage fee based programs to its participants to
cover cost of recovery fees due to County fees or due to City Recreation
expenses.
H. Will have “day of” storage of equipment to support programs immediately
adjacent in time and proximity to the program being offered. The County
assumes no liability for lost stolen or damaged items during the temporary
storage. Longer storage a matter of days before or after an event may be
coordinated with and at the discretion of the Park Supervisor.
I. Information to the public intending to access Lake Pleasant Regional Park using
the trail system or water access within LPRP that the LPRP is a fee-based
recreation area and that all members of the public entering the County Park are
subject to paying the current applicable entrance fees. Nothing in this subsection
shall obligate the City to enforce or guarantee payment of any fees described
herein from any source of funds whatsoever.
J. Follow all procedures, regulations, etc.
3. Joint Responsibilities.
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A. All activities offered as part of the Program will be supervised by qualified
instructors or staff members. Each Party is responsible for the providing of
sufficient instructors or staff members for their portion of the Program for which
they are responsible.
B. Use of watercraft, equipment and accessories will be used only as part of the
sponsored Program. Neither Party will loan, rent or otherwise allow to be used,
the watercraft, equipment or accessories for non-Program activities.
C. For Joint programs both Parties will develop a written “Project Scope”. Once the
“Project Scope” is approved, the schedule can be determined at the Park level in
writing or e-mail prior to implementation.
D. Will provide advertising and notice to the public on the City of Peoria and
Maricopa County Parks and Recreation websites, and on flyers or notices,
information pertaining to joint programming. For joint programs, both agencies
approved name drops will be on any media. For any City programs approved by
the County using Lake Pleasant Regional Park, both agencies name drops will
be on any media including indicating “Lake Pleasant Regional Park managed by
Maricopa County Parks and Recreation Department.”
F. Upon agreement, during joint programming, equipment may be shared or used
by either party to conduct the program or event.
G. Both Parties may adopt a fee schedule for participants of the Program. Approval
of the fee schedule is dependent upon each Party’s policies or procedures and
the project budget.
H. Each Party will coordinate with the other for emergency preparedness and
coverage, and as may be required, i.e. Maricopa County Sheriff’s Department,
City of Peoria Fire Department during an emergency.
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