JOINT PROGRAM AND MARKETING AGMT SANTAN SHREDDERS.PDF
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1 of 14 JOINT PROGRAM AND MARKETING AGREEMENT Between MARICOPA COUNTY and SanTan Shredders 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”) through its Parks and Recreation Department (hereinafter referred to as “MCPRD”) and SanTan Shredders LLC, an Arizona limited liability company (hereinafter referred to as “STS”), 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. 2. MCPRD Director, or his or her designee, is authorized as the signatory on each Statement of Work (“SOW”), a template of which is attached hereto as Exhibit B and made a part hereof, as further detailed in Section E below, and all required documents related to the SOW activities. 3. The County’s Director of MCPRD and STS’s Manager, or their respective designees, shall administer this Agreement. B. Purpose. 1. The purpose of this Agreement is to develop a relationship between the Parties to work together to support and promote healthy outdoor lifestyles within all Maricopa County Regional Parks including the Maricopa Trail (collectively, “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 STS as they are “improving the quality of life, community health and wellbeing, creating exceptional mountain biking visitor experiences, connecting landscapes and trails, sustaining and maintaining park resources, and preserving and protecting the natural culture resources of the region.” 3. Together the Parties may conduct defined activities, including recreational opportunities, 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 (collectively, “Activities”) that the Parties expect will benefit the public. Activities under this Agreement will be developed through a SOW. C. Statement of Mutual Benefit and Interest. The Parties plan to establish Activities for the public. through cooperative interaction. The Parties will offer Activities through SOWs that provide highly interactive and hands-on experiences to the public. STS 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. 1. The primary goal of each Party is to supplement the other’s strengths so they may work together to accomplish common goals and objectives for the education, cooperative marketing, operation and management of sustainable outdoor recreational opportunities for the Users. 2. The secondary goal is to provide the community with experiences that will increase knowledge and skills that will promote safe and healthy lifestyles. D. Permitted Uses/Liability. The use of Parks under this Agreement shall be for the recreational and educational uses associated with each SOW Activity. STS acknowledges that the Activities described in each SOW may be inherently risky, possibly resulting in accidents that can cause severe bodily injury or death, and Users are using the Parks upon the invitation of STS, not 2 of 14 the County. The SOW Activity(ies) are limited for recreational and/or educational Users within the meaning of the landowner protection provisions of A.R.S. § 33-1551 (Liabilities and Duties on Property Used for Education and Recreation). All protections and immunities provided under Arizona law, including A.R.S. § 33-1551, shall be afforded to County and STS in their respective capacities. E. Disclaimer. STS 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 and it is the responsibility of STS to decide whether or not to use the Parks for certain Activities. STS 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 change them for the Activities. STS hereby expressly recognizes that any such use of Parks for Activities is for the benefit of STS and the Users. STS further represents and warrants that before allowing the Users to engage in any Activities, it has thoroughly and meaningfully explained to the Users, verbally and in writing, the risks and hazards present on the Parks and associated with participation in the Activities, and the disclaimers by STS and the County of any warranty or liability set forth herein, and Users have signed such explanation, a template of which is attached hereto (“Release”) and made a part hereof as Exhibit C. See Section H5 below. F. Activities. The Activities the Parties will offer include, but are not limited to, the following: 1. Education on Tail Etiquette 2. Wilderness/Desert Skills 3. Mountain Biking Tours 4. Campouts 5. Commercial Sales 6. Major Events/Races 7. Stewardship and/or Volunteer Activities 8. Bike Rentals 9. Joint Promotional and Marketing Opportunities G. Joint Responsibilities 1. Develop the SOW Operations Plan (“SOW-OP”) for each Activity. 2. Plan and develop, on a yearly basis, a platform for collaboration and cooperation of the Activities through the completion of an annual SOW. H. STS Responsibilities: 1. SOW’s a. Provide an annual SOW to MCPRD for approval one hundred and twenty (120) days prior to every calendar year end of forecasted Activities with a comprehensive slate of recreation, commercial tours, stewardship, joint sponsorships, cultural and educational programs. b. Provide updated quarterly SOW’s to MCPRD for approval. c. Assist MCPRD in development of a SOW-OP for all SOW’s. d. Email the final SOW to the County within thirty (30) days of the last day of the quarter. e. Meet with County annually for review of prior year’s SOWs: 3 of 14 i. Success/value of SOW’s. ii. Fee Schedules (i.e., User 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 opportunity Activities including, but not limited to: a. In store (kiosk with MCPRD information, maps) b. Website c. Advertising 4. Provide all necessary gear and equipment for each Activity. 5. Require each User e (or if the User is a minor, a parent or guardian) to execute an appropriate Release 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 User is registered for more than one Activity, then STS shall require such User to sign a Release for each Activity. STS shall not allow the User to take part in an Activity if the User does not sign the Release. 6. Contacts. a. Provide lead staff persons as liaison for all SOW’s. The lead staff persons are: Name: Jim Jensen Email: santanshredders@outlook.com Phone: 480-698-6884 Address: 22250 E. Stone Crest Ct. Queen Creek, AZ 85142 b. Provide County with an STS administrative contact person. The administrative contact person is: Name: Jim Jensen Email: santanshredders@outlook.com Phone: 480-698-6884 Address: 22250 E. Stone Crest Ct. Queen Creek, AZ 85142 I. MCPRD responsibilities: 1. SOW a. Meet with STS annually for review of forecasted annual SOW, one hundred and twenty days (120) days prior to calendar year end. b. Timely review forecasted monthly SOW’s for the individual Activity(ies). c. Collaborate with STS for development of the SOW-OP. d. Coordinate Activities with respective park. e. Confirm Activities by signing the SOW-OP. f. Prepare a quarterly invoice per Section J.1.b.v. g. Meet with STS annually for review of prior year’s SOWs: i. Success/value of SOW’s. ii. Fee Schedules (i.e., User 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 4 of 14 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 3. 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. 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 (“Effective Date”) and end on January 31, 2024 (“Term”). Thereafter, this Agreement may be extended by a written amendment executed by the Parties. b. Fees. i. Users shall pay the park entrance fee for all Activities, unless otherwise approved by the SOW-OP. ii. STS 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 County Authorized Deductions (defined as all discounts, credits, and allowances granted as a result of returns or billing errors, taxes and other governmental charges paid). iii. STS shall pay all facility rental fees, as per MCPRD’s published rate schedules, for STS events, programs, and commercial tours that are independent of this Agreement and/or are not jointly sponsored or promoted with MCPRD. iv. All Activities and associated fees will be evaluated annually and may be subject to change, only by an amendment to this Agreement executed by the Parties. v. The County will prepare a quarterly invoice that will be emailed to STS. Payment of all fees invoiced are due within twenty (20) days from date of the invoice. 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 STS, 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 of 14 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 and safety laws 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. MCPRD Park Rules are attached hereto as Exhibit D and made a part hereof. 6. 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. 7. 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, STS, 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. 8. 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. STS shall secure and maintain the following insurance coverage (unless otherwise stated below) within five (5) business days of the Effective Date. STS 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. Vehicle liability: Five hundred thousand dollars ($500,000) combined single limit for all vehicles. c. 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. d. Coverage must include environmental clean-up if STS and/or STS contractors and sub-contractors own /operate equipment that could give rise to environmental clean-up claims and/or for any events or activities determined by County to have a potential for environmental damage, for example events involving gasoline/diesel engines. e. A waiver of subrogation/recovery against the County shall be included in all policies. f. 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, non-renewal, or change in coverage or limits of a policy. g. The County reserves the right to revise the minimum required limits of insurance during the Term or extended term of this Agreement provided the changes are consistent with market conditions, prudent business judgment and industry standards. STS and County will meet yearly to review claims, if any, to determine if modification of limits is warranted. h. Assignment. STS shall not assign, sell, transfer or subcontract in whole or in part the STS’s rights or interests in the Agreement without prior written approval of the County. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK 6 of 14 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, cookouts 1m/2m 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 Motorcycles) 1m/2m 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 7 of 14 9. Compliance. a. STS shall not discriminate against any employee or applicant for employment because of race, age, handicap, disability, color, religion, sex, sexual orientation, or national origin. STS 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. STS agrees 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. STS warrants 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 STS 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 STS an agent or employee of the County. d. STS warrants full compliance with verification of employment eligibility and E-Verify Program. e. If STS’s activities result in adverse environmental impacts, whether known or unknown, STS will be fully accountable for any resulting site assessment and cleanup cost required to restore the Parks. STS shall not use and/or store any hazardous material at the Parks. STS shall report to County immediately once STS has knowledge of any event or occurrence at the Parks which may or does result in pollution or contamination adversely affecting lands, water or facilities owned or managed by County. f. STS shall protect, defend, indemnify and hold harmless County from and against all liabilities, costs, charges and expenses, including civil or criminal penalties, attorneys’ 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 at the Parks; or (b) any release, threatened release or escape of any substance in, on, under or from said Parks that is caused, in whole or in part, by any conduct, action or negligence of STS. For the purposes of this Agreement, the term “regulated substances” shall include substances defined as “regulated substances,” “hazardous waste,” “hazardous substances,” “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 and/or any transfer of all or any portion of the Parks and shall be governed by the laws of the State of Arizona, if applicable. STS accepts sole responsibility and liability for all wastes produced by its operation, activities and occupation of the premises and shall comply with all applicable laws concerning such wastes, including federal, state, and local regulatory requirements. Any such waste must be disposed of in compliance with the above. STS agrees it shall be solely responsible for and assumes all responsibility for its actions and the actions of its agents, employees and contractors in 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 as defined and regulated under CERCLA, 42 U.S.C. 9601 et seq., RCRA, 42 U.S.C. 6901 et seq., or TSCA, 15 U.S.C. 2601 et seq.. STS further 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 and regulations concerning the use and disposal of such substances. Management and proper disposal of all hazardous material is the responsibility of STS. 10. 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 9 of 14 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 10 of 14 Exhibit B Statement of Work -Template Name: Name: Phone: Phone: Email: Email: Name of Activity Anticipated Participants Park(s) Date(s) Facility Rentals Vendors Add'l Information: jennifer.waller@maricopa.gov Activities (may be multiple) Activities. STS will conduct the following Activities at Parks as indicated (Dates of Activity(s) are subject to mutual agreement by both parties): Activity Type Activity Description Jennifer Waller 602-506-9502 STATEMENT OF WORK (SOW) This SOW is made pursuant to the Joint Program and Marketing Agreement dated ______________ between Maricopa County (hereinafter referred to as County) by and through its Parks and Recreation Department (hereinafter referred to as MCPRD) and the SanTan Shredders, LLC (hereinafter referred to as STS) (the “Agreement”). This SOW may include a multitude of Activities (recreational opportunities, commercial tours, commercial sales, stewardship events, programs, promotions, and special events, including but not limited to planning, coordinating, implementing, promoting, sponsoring, educating, and marketing). All terms not defined in this SOW have the meaning ascribed to them in the Agreement. Upon completion of the SOW, MCPRD's will contact STS for additional information required for the Activity(ies) SOW operation plan (SOW-OP). Submit this SOW Scheduled Events worksheet to emily.miller@maricopa.gov a minimum of 30 days prior to start of each calendar year quarter. Contact Information Points of Contact. The parties designate the following persons as their respective points of contact in connection with the Activities described in this SOW: STS Point of Contact MCPRD Point of Contact 11 of 14 Exhibit C Release of Liability Template 12 of 14 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. 13 of 14 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. 14 of 14 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.