UMA WITH SOUTHWEST WILDLIFE CONSERVATION CENTER.PDF
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Southwest Wildlife Conservation Center UMA Final
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Use Management Agreement
Between
Maricopa County
And
Southwest Wildlife Conservation Center
For the Promotion, Development, Management, Operation, and Maintenance of a Nature and Wildlife
Conservation Center located at McDowell Mountain Regional Park
#C_________________
This Use Management 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 through its
Parks and Recreation Department (hereinafter referred to as “MCPRD”) and Southwest Wildlife Conservation
Center, an Arizona nonprofit 501 (c) (3) tax-exempt corporation (hereinafter referred to as “Concessionaire”).
The County and the Concessionaire are collectively referred to as “Parties” or individually as a “Party.”
RECITALS
WHEREAS, the County is authorized to enter into this Agreement pursuant to A.R.S. §§11-201, 11-
251 and 11-933; and
WHEREAS, it is in the public interest for the County to arrange contract operation of a nature and
wildlife conservation center at McDowell Mountain Regional Park (“Park”) which comprises a portion of the
Maricopa County Regional Parks System; and
WHEREAS, in 1963, the United States of America, acting through its Bureau of Land Management
(“BLM”), leased a total of 620 acres to the County for establishment of the Park and in 1964, the County was
granted a land patent from the United States of America for the same lands pursuant to the Recreation and Public
Purposes Act (“R&PP”) of 1926. Through further land acquisition under the R&PP, the Park has been expanded
to encompass 21,099 acres; and
WHEREAS, this Agreement is the result of a notification (“180143-LOI Request for Expressions of
Interest for Development, Permitting, Construction, Operation, Management and Maintenance of a Native
Wildlife Rescue Conservation and Nature Center”) released by County on August 24, 2017 (“LOI”); and
WHEREAS, Concessionaire submitted a response to the LOI described immediately above and desires
to design and develop a new (up to eight thousand square foot) nature center (“Nature Center”) for the Park and
Concessionaire’s shared use and, in addition, design and develop the Concessionaire’s conservation and
veterinary medicine, wildlife rescue/rehabilitation, and wildlife sanctuary, and related office and administrative
space (“Southwest Wildlife Conservation Center Facility” or “SWCC Facility”) on approximately one hundred
(100) acres at the Park, collectively, the “Complex, as described in Concessionaire’s LOI response (“LOI
Response”); and
WHEREAS, the Parties agree the intent of this Agreement is solely for the development, operation,
maintenance, management and future improvement of the Complex and does not convey any interests in land or
any property rights; and
WHEREAS, as a result of the construction, development and operation by Concessionaire of the
Complex and infrastructure pursuant to this Agreement, County expects expansion of recreational opportunities
and programs at the Park, as well as an increase in the number of Park visitors, and therefore increased revenue.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual representations, warranties, covenants and agreements
herein contained and other good and valuable consideration, the sufficiency, and adequacy of which the Parties
acknowledge, the County and the Concessionaire agree as follows:
1.
Recitals. The Recitals, by this reference, shall be incorporated herein and made a part of this Agreement.
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2.
Definitions.
A. Annual Management Plan (AMP): The AMP is an annual review conducted jointly by the County
and Concessionaire to review present, and next year’s plan for, development and/or operations of
the Complex.
B. Contract Year: A Contract Year is from January 1st through December 31st, except the first
Contract Year of this Agreement, which will be from the Effective Date (as defined in Section 5(A)
below), through December 31, 2020.
C. Opening Date: The Opening Date is the date the Complex, or a portion thereof, initially opens to
the public.
3.
Incorporation of LOI. The LOI and the LOI Response are incorporated herein and made part of this
Agreement by reference. If there is any conflict between the provisions of the LOI, LOI Response and
this Agreement, the provisions of this Agreement shall supersede and control.
4.
Scope of the Complex.
A. The County hereby grants the Concessionaire the right to design and develop the Complex with the
improvements illustrated in Exhibit 1 – Complex Conceptual Site Plan, which is more fully
described in Exhibit 2 – Complex Activities and Parameters.
B. The Complex shall conform, at a minimum, to each of the descriptions, terms, and conditions set
forth in Exhibits 1 through 11 of this Agreement, all of which Exhibits are attached hereto and
incorporated herein by this reference, and shall comply with the requirements of the pertinent land
patents, the Park’s master plan and any approved amendments thereto.
C. The Concessionaire shall not use the Complex for any purposes other than the uses permitted under
the terms of this Agreement without the express written consent and approval of the County.
D. The Concessionaire shall pay and be responsible for obtaining all applicable permits, environmental
compliances, taxes, assessments, fees and other expenses of any nature associated with the
construction and use of the Complex, as well as improvement, management, operation and
maintenance of the Complex, as more fully described in Exhibits 1 through 11 attached hereto and
made a part hereof.
E. At the time of execution of this Agreement, Concessionaire anticipates the cost of Complex
construction, including infrastructure, to be approximately ten million dollars ($10,000,000.00).
MCPRD acknowledges Concessionaire’s need to raise capital funding for the Complex on a much
larger scale than Concessionaire has raised in the past, and that the success of the Complex depends
on successful fundraising activities by Concessionaire.
F. Concessionaire shall complete the design and construction of the Complex in accordance with the
schedule below and Exhibit 3 – Development of the Complex:
Phasing Schedule
Years
Description
1-4
Fundraising and design
1-3
Conceputal drawings, site master planning, design
3-4
Construction drawings and permitting of the nature
center and the initial phase of the SWCC Facility
(wildlife rescue/rehabilitation, wildlife sanctuary, and
education center)
4-5
Construction of permitted facilities
8-9
Design and permitting of conservation medicine facility
(may require additional fundraising)
10
Construction of permitted conservation medicine facility
13-14
Design and permitting of intern dormitories
15
Construction of permitted intern dormitories
1) If development impediments described in Exhibit 3 – Development of the Complex and/or
the inability to raise sufficient capital funds cause the Concessionaire to revise their conceptual
site plan and/or experience construction delays that will cause the development to extend past
the years set forth in the Phasing Schedule in this Section F, the County may, but is not required
to, grant a reasonable extension of the construction completion year, not to exceed two (2) years.
2) If Concessionaire concludes, in its reasonable judgment, that it will be unable to build all of the
improvements proposed on Exhibit 1 – Complex Conceptual Site Plan and/or develop and
use a significant portion of the land due to development impediments as noted in Exhibit 3 -
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Development of the Complex, then, in the County’s sole discretion, either: (i) the
Concessionaire shall immediately cease using the portion of the land that cannot be developed
and, within sixty (60) calendar days of Concessionaire’s notification to the County that the land
cannot be developed as set forth in this Agreement, the Parties shall amend this Agreement to
reflect the reduction in the size of the Complex and the revised Complex elements; or (ii) the
County may terminate the Agreement in accordance with Section 6 of this Agreement.
G. Concessionaire shall not occupy the Complex in any manner that requires an occupancy or partial
occupancy permit until an occupancy permit or partial occupancy permit is issued by the
jurisdictional authorities, along with the written consent and approval of the County. Concessionaire
shall commence operations and maintenance of the Complex, or portions of the Complex approved
for occupancy, within six (6) months from receipt of the final occupancy permit and the written
consent of the County.
H. The Concessionaire shall not commence with any modifications to the Complex, permitted plans,
or any new construction, development or improvements after Complex completion, without the
express prior written consent and approval of the County.
5.
Term and Fees.
A. The term of this Agreement shall be twenty five (25) years (“Term”) . The Parties recognize that
there currently exist governmentally-imposed restrictions on the ability of Concessionaire to
perform under this Agreement due to the presence of the Covid-19 pandemic. Therefore, the Term
of this Agreement shall not commence unless and until the current public health emergency declared
by the State of Arizona, or any extension thereof, has been rescinded, revoked, repealed or otherwise
cancelled (“Effective Date”).
B. Renewal Term. Upon Concessionaire’s request, at the County’s sole discretion, this Agreement may
be renewed for a period of up two (2) twenty five (25) year terms (“Renewal Term”) subject to each
of the following conditions:
1) The Concessionaire shall provide written notice of a request to renew not later than one hundred
and eighty (180) calendar days prior to the date the Term or Renewal Term, as the case may be,
is scheduled to expire; and
2) The Renewal Term shall be upon the same terms and conditions as the final year of the initial
Term, or the prior Renewal Term, as the case may be; and
3) The Renewal Term shall be approved by the County; and
4) The Parties hereby agree that the County shall not be liable to the Concessionaire or any of its
officers, employees, agents or contractors at law or in equity for not approving a Renewal Term.
C. There currently exist governmentally imposed restrictions on the ability of Concessionaire to
perform under this Agreement. In the event, at any time during the Term similar governmental
restrictions are imposed that prevent performance by Concessionaire that remain in place for a
period of one hundred eighty (180) days or fewer, then and in such event, the Term and Phasing
Schedule (as referenced in Section 4F and Exhibit 3) shall be extended one day for every day such
restrictions are in place up to a maximum of one hundred eighty days. In the event any such
restrictions are imposed that exceed one hundred eighty (180) days, the Term and Phasing Schedule
may only be extended by mutual agreement of the Parties.
D. Fees. Visitors to the Park shall pay the MCPRD published Park entry fees, regardless of which
facility they will be visiting. The Park entry fees shall be retained by MCPRD in lieu of the Complex
Use Fee, as defined and administered in Exhibit 8 - Accounting and Fees.
6.
Termination
A. This Agreement may be terminated for cause in whole or in part, at any time, by the County, upon
sixty (60) calendar days prior notice to the Concessionaire without any penalty or liability to County.
Concessionaire and its employees, agents, officers, directors, members, successors, or assigns
hereby waive any and all rights to bring any claim against County or its employees, agents, officers,
directors, members, successors or assigns from or relating in any way to County’s termination of
this Agreement. Representative reasons “for cause” include, but are not limited to: (i) the real
property, or a portion thereof, reverts to the agency from which any patent was received; (ii) the real
property is no longer useful for recreational purpose; and (iii) new requirements imposed upon the
County make a continuation of the Agreement unreasonable.
B. The Parties acknowledge that this Agreement is subject to cancellation pursuant to the provisions
of A.R.S. §38-511.
C. This Agreement may be terminated without cause with the mutual agreement of the Parties. The
Party requesting the termination must submit its request, in writing, a minimum of one hundred
eighty (180) calendar days in advance of the requested termination date. Notice of the request for
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termination shall be sent to the other Party pursuant to the notice provisions set forth in Section 16
of this Agreement. If the request for termination is initiated by the Concessionaire, the County may
select an interim operator (or may choose to become the interim operator) to act as the
Concessionaire until a replacement concessionaire has been selected. Within forty-five (45) calendar
days of the date the interim operator commences operations, or sooner if the Parties agree, the
Concessionaire shall pro-rate any fees paid for a future service or other fees and shall pay such pro-
rated amount to the interim operator. The Concessionaire shall pay to the interim operator all
security deposits received by Concessionaire for events or functions be held at the Complex that are
scheduled after the agreed-upon termination date of this Agreement.
D. Should the Concessionaire, with the consent of the County, continue to provide the services
described hereinafter the expiration of the Term and/or any Renewal Term, without having entered
into a subsequent agreement of like nature and content to this Agreement, this shall be deemed a
holdover of this 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. If the
Parties have not entered into a new agreement by the end of the six (6) month period, the
Concessionaire is required to vacate and may no longer holdover.
7.
Default.
A. It shall be a default and breach of this Agreement by Concessionaire if any of the following shall
occur at any time during the Term or Renewal Term:
1) Failure to make payment of any monetary sums specified to be paid by the Concessionaire
under this Agreement no later than the date the same shall become due, and such failure
continues for a period of thirty (30) calendar days after notice of such default is given to the
Concessionaire.
2) Failure to make satisfactory progress, in the County’s sole discretion, to meet the mutually
agreed-upon annual milestones set forth for each Contract Year.
3) Failure to operate and maintain the Complex, as more fully described in Exhibits 2 through
11, attached hereto and made a part hereof, pursuant to the terms and conditions of this
Agreement, where such failure continues for a period of thirty (30) calendar days after notice
of such default is given to the Concessionaire, provided, however, that if such default is of a
nature that it cannot reasonably be cured within said thirty (30) calendar days, then the cure
period may be extended by the County, in writing, for such longer time as may be reasonably
necessary, so long as the Concessionaire commences to cure the failure within said thirty (30)
day period, in good faith and with due diligence, and thereafter diligently and continuously
pursues the same to completion.
4) A breach of Concessionaire’s representations and warranties set forth in Section 14 of this
Agreement.
5) Institution or filing by or against the Concessionaire of insolvency, receivership or bankruptcy
proceedings or any other proceedings for the settlement of Concessionaire’s debts that are not
dismissed within ninety (90) calendar days from the date of such filing or institution.
6) Appointment of a receiver, guardian, conservator, trustee or assignee, or any other similar
officer or person to take charge of all of the property or businesses of the Concessionaire and
such appointment is not vacated within ninety (90) calendar days after the date of appointment.
7) Any general assignment for the benefit of creditors by Concessionaire.
8) All of the Concessionaire’s assets located at the Complex or interest in the Complex being
subjected to attachment, execution or other judicial seizure.
9) Insolvency of the Concessionaire.
10) Concessionaire’s dissolution or ceasing to do business.
B. Upon determination by the County that the Concessionaire is in default, the County shall be entitled,
at its sole discretion and selection, to exercise the following remedies:
1) Terminate this Agreement, without penalty or liability to County, by giving the Concessionaire
notice of termination. Upon the issuance of the notice of termination, all of the Concessionaire’s
rights in the Complex and under this Agreement shall terminate immediately. Within the notice
of termination, the County, in its sole discretion, shall direct the Concessionaire to: (i) surrender
and vacate the Complex, and the County may enter and take possession of the Complex and
eject all parties in possession, or eject some and not others, or eject none; and/or (ii) at
Concessionaire’s sole cost and expense, demolish and/or remove all, or a portion of,
improvements on the Complex and return the balance property, or a portion of the property, to
a condition as similar as possible to the condition of the property at the time of execution of this
Agreement; and/or (iii) remove all wildlife, personal property, trade fixtures, equipment, and
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inventory owned or held by Concessionaire, and repair any damage caused to the Complex as
a result of the removal of built-in fixtures; and/or (iv) remove all garbage and debris, to include
inoperable or obsolete equipment, from the Complex, all by the date(s) specified by the County.
a) Termination under this Section shall not relieve the Concessionaire of the obligation for
payment of any sums then due to the County or from any claim for damages previously
accrued or then accruing against the Concessionaire. In addition, if the Concessionaire fails
to remove all personal property, wildlife and garbage/debris from the Complex in the
timeframes specified by the County, Concessionaire shall pay all costs incurred by the
County to remove and dispose of such property, or re-home wildlife, in any manner it may
deem desirable, within thirty (30) calendar days of receipt of invoice from the County.
b) If the Agreement is terminated for default,, the Concessionaire shall, and hereby covenants
to, peaceably and quietly surrender the Complex to the County and to execute and deliver
to the County such instruments as shall be required by the County, to properly evidence
termination of the Concessionaire’s rights hereunder, its interest herein, and to certify that
the Concessionaire has not encumbered the Complex.
2) The County may exercise any other remedy available at law or in equity.
C. It shall be a default and breach of this Agreement by County if the County fails to perform any of
its material obligations hereunder and such failure to perform continues for a period of thirty (30)
calendar days after written notice thereof from the Concessionaire to the County (unless such failure
cannot reasonably be cured within thirty (30) calendar days, in which event the County shall have
commenced curing said breach or failure within said thirty (30) calendar day period and shall
diligently pursue cure of the failure or breach to completion to avoid being in default). Should the
County continue to be in default without the pursuit of a cure, the Concessionaire may terminate
this Agreement with a ninety (90) calendar day written notice to the County.
8.
Surrender.
Upon the expiration date or termination date for reasons other than the default of the Concessionaire, the
Concessionaire shall, unless otherwise approved by the County, within sixty (60) calendar days from the
expiration date or termination date of this Agreement, at the County’s sole discretion, conduct three (3)
or more of the following tasks:
A. Execute a Certificate of Acknowledgement that the Concessionaire has vacated and relinquished all
possessory rights to the Complex to the County as well as represent and warrant that the
Concessionaire has not encumbered the Complex; and/or
B. Demolish and/or remove all, or a portion of, the improvements on the Complex as specified by the
County and return the property to a condition as similar as possible to the condition of the property
at the time of execution of this Agreement; and
C. Remove wildlife, personal property, trade fixtures, equipment, and inventory owned or held by
Concessionaire from the Complex and repair any damage caused to the Complex as a result of the
removal of built-in fixtures. Any such items not removed within the specified timeframe shall be
deemed to be abandoned by Concessionaire. Concessionaire shall pay all costs incurred by the
County to remove and dispose of such property, or re-home wildlife, in any manner it may deem
desirable, within thirty (30) calendar days of receipt of invoice from the County; and
D. Remove all garbage and debris, to include inoperable or obsolete equipment, from the Complex. If
Concessionaire fails to remove all garbage and debris (including inoperable or obsolete equipment)
within such timeframe, Concessionaire shall pay all costs incurred by the County to remove and
dispose of said items within thirty (30) calendar days of receipt of invoice from the County.
9.
Dispute Resolution.
A. Any dispute that is not resolved by the Parties arising out of or relating to this Agreement shall be
submitted to mandatory, binding arbitration. Notice of the dispute must be in writing, made pursuant
to Section 16 of this Agreement, and shall provide a summary of the issue of the dispute. The
Parties shall confer within thirty (30) calendar days of the Party’s receipt of such notice and must,
within ten (10) calendar days after conferring, agree on a mutually acceptable arbitrator. If the
Parties cannot agree, each Party shall name one (1) arbitrator, who shall together select a third
arbitrator. Any decisions made shall be made by a majority of the panel of three (3) arbitrators.
Such arbitration shall be binding and subject to enforcement action.
B. The Party not prevailing in the arbitration shall pay to the prevailing Party a sum which the arbitrator
or panel determines is reasonable for attorneys’ fees and costs.
10.
Financing.
A. The Concessionaire may not mortgage or encumber any improvements that are permanently affixed
to the land or any lands upon which the Complex lies. Improvements that can be disassembled and
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removed without damage to the underlying real estate are not considered permanently affixed (e.g.
above ground water treatment). Thus, equipment financing or loans secured by charitable pledges
are permitted so long as no lien attaches to the real property.
B. The Concessionaire or any of its contractors or subcontractors shall not have any authority to create
any lien against the County for labor, materials, or services furnished by the Concessionaire, its
contractors or subcontractors. If, because of any act or omission (or alleged act or omission) of the
Concessionaire, any mechanic’s, materialman’s or other lien, charge or order for the payment of
money shall be filed or recorded against the County (whether or not such lien, charge or order is
valid or enforceable as such), the Concessionaire shall immediately notify the County. The
Concessionaire shall, at its own expense, cause the same to be canceled and discharged of record
within thirty (30) calendar days after the Concessionaire received notice of the filing thereof, or the
Concessionaire may, within said period of time, furnish to the County a bond satisfactory to the
County against said lien, charge or order, in which case the Concessionaire will have the right in
good faith to contest the validity or amount thereof, as provided by law.
11.
Indemnification and Insurance.
A. Concessionaire, for itself, its agents, officers, directors, partners, vendors, contractors, employees,
assignees, sub-concessionaires, licensees, invitees, or any and all other persons claiming rights
through the Concessionaire, shall, to the fullest extent permissible by law, indemnify, defend and
hold harmless the County, including agents, officers, directors, and employees thereof, from and
against any and all loss or expense of any nature whatsoever, except only negligence or fault by the
County, incurred as a result of any claim or suit of any nature whatsoever, which arises in any way,
either by neglect, willfulness, action, omission to act or other failure of any nature whatsoever
pursuant to this Agreement. Concessionaire shall be liable and responsible for, including but not
limited to, reasonable attorneys’ fees, court costs, awards and other expenses relating to the defense
against claims or litigation, incurred by the County. This clause shall, in all instances, be interpreted
to find that the obligation to defend, indemnify, and hold harmless in such circumstances does fall
to Concessionaire.
B. The Concessionaire shall secure and maintain the following insurance coverage within five (5)
business days of the Effective Date:
1) Public liability insurance, including bodily injury/property damage, auto liability, products and
completed operations liability, liquor liability, and contractual liability, providing limits of no
less than two million dollars ($2,000,000) per claim and four million dollars ($4,000,000)
aggregate limits, or evidence of self-insurance acceptable to the County, for injuries or damage
received or sustained by any person(s), or property at the Complex.
2) Waiver of Subrogation/recovery against the County shall be included in all policies.
3) Environmental cleanup and pesticide/herbicide coverage shall be included unless
documentation provided by the Concessionaire that this is not available or feasible.
4) Worker’s Compensation, if applicable, with limits not less than $1,000,000 for each accident,
$1,000,000 disease for each employee, and $1,000,000 disease policy limit.
5) 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.
C. The County shall be named as “additional insured” under all policies of insurance. Copies of all
insurance policies or certificates thereof shall be made available to the County upon request. Copies
of the Certificate of Insurance shall be furnished annually to the County. The County shall be given
thirty (30) calendar days advance written notice of cancellation of a policy, non-renewal, or change
in coverage or limits.
D. Property insurance shall be in an amount sufficient to rebuild the improvements in case of a casualty
loss, less only a commercially reasonable deductible amount. In the event that Concessionaire files
an insurance claim for the SWCC Facility, Concessionaire shall notify the MCPRD’s Contract
Administrator immediately upon any property insurance claim submission. County shall be an
“additional payee” pursuant to such policy. The Concessionaire will be entitled to receive and shall
be obligated to apply insurance proceeds to repair or reconstruct damaged improvements. Insurance
proceeds shall be disbursed pursuant to customary construction lending practices in the Phoenix,
Arizona area, as such repair and restoration are being made and subject to such procedures as the
County may reasonably require monitoring the application of such proceeds.
A. SWCC Facility. The Concessionaire assumes all risk of loss and shall be responsible for any
and all losses to the SWCC Facility and all improvements, acquired or developed within the
SWCC Facility during the Term (and any Renewal Term) of this Agreement. The loss to the
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SWCC Facility may result from, but is not limited to, theft, vandalism, fire and any fire-fighting
activities (including prescribed burns), floods, droughts, landslides, rising waters, winds, falling
limbs or trees and acts of God. If, prior to commencement of, or during the Term or Renewal
Term of this Agreement, any property, real or personal, under the control of the Concessionaire
or any buildings or improvements or such fixtures or equipment on, below, above, or
appurtenant to the Complex at the commencement of the Term or Renewal Term or thereafter
erected, installed or placed thereon shall be destroyed or damaged in whole or in part by any
cause except condemnation, the Concessionaire will notify the County immediately. The
Concessionaire will immediately secure the area to prevent injury, vandalism or further damage
to persons, improvements, and contents thereof, and direct its insurer to make any payment to
the appropriate Party. If the destroyed or damaged buildings, improvements, fixtures or
equipment under the control of the Concessionaire are capable of restoration, in the reasonable
judgment of the County and Concessionaire, this Agreement shall continue in full force and
effect. The Concessionaire will, as soon after the damage as reasonably possible, apply for all
required permits required to restore damaged improvements, and complete restorations or other
agreed-upon improvements within a date mutually agreeable to the Parties. Should such
damage or destruction occur within thirty-six (36) months of this Agreement’s scheduled Term
expiration date or Renewal Term expiration date, or if the damage destroys in excess of fifty
percent (50%) of the value of the SWCC Facility on the date of loss (as determined by
agreement of the parties, or if they are unable to agree within 30 days, then by an independent
appraiser, the cost of which shall be shared equally by the parties), then the Concessionaire or
the County shall have the option to terminate this Agreement. If this Agreement is terminated
pursuant to this provision, any insurance proceeds shall be applied first to remove any damaged
or destroyed improvements and second to pay any loans to the Concessionaire secured by its
interest in this Agreement or any property covered hereby. The balance of the proceeds shall
be divided by the County and the Concessionaire in equal proportions.
B. Nature Center. The County and Concessionaire shall share all risk of loss and be jointly
responsible for any losses to the Nature Center and all improvements acquired or developed
within the Nature Center after the Effective Date. Concessionaire and County shall each
provide casualty insurance for the Nature Center. County casualty coverage for the Nature
Center is provided through Self-Insurance. A loss to the Nature Center may result from, but is
not limited to, theft, vandalism, fire and any fire-fighting activities (including prescribed burns),
floods, droughts, landslides, rising waters, winds, falling limbs or trees and acts of God. If, prior
to commencement of, or during the Term or Renewal Term of this Agreement, any property,
real or personal, under the control of the Parties or any buildings or improvements or such
fixtures or equipment on, below, above, or appurtenant to the Nature Center at the
commencement of the Term or Renewal Term or thereafter erected, installed or placed thereon
shall be destroyed or damaged in whole or in part by any cause except condemnation, the
observing Party shall notify the other Party immediately. The Parties will immediately secure
the area to prevent injury, vandalism or further damage to persons, improvements, and contents
thereof, and direct their insurers to make any payment to the appropriate Party or Parties. If the
destroyed or damaged buildings, improvements, fixtures or equipment under the control of the
Parties are capable of restoration, in the reasonable judgment of the County and Concessionaire,
this Agreement shall continue in full force and effect. The County will, as soon after the damage
as reasonably possible, apply for all required permits required to restore damaged
improvements, and complete restorations within a date mutually agreeable to the Parties.
Should such damage or destruction occur within thirty-six (36) months of this Agreement’s
scheduled Term date or Renewal Term, or if the damage destroys in excess of fifty percent
(50%) of the value of the Nature Center on the date of loss(as determined by agreement of the
parties, or if they are unable to agree within 30 days, then by an independent appraiser, the cost
of which shall be shared equally by the parties), then the Concessionaire or the County shall
have the option to terminate this Agreement in whole or in part. If this Agreement is terminated
pursuant to this provision, any insurance proceeds shall be applied first to remove any damaged
or destroyed improvements.
12.
Assignment.
A. The Concessionaire shall not assign, sell, transfer or subcontract, in whole or in part, the
Concessionaire’s rights or interests in the Agreement without the prior written approval of the
County.
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B. The Concessionaire shall provide, at least ninety (90) calendar days’ prior to the date of proposed
transfer, written notice of a sale, transfer or assignment of this Agreement so any requested analysis,
study, and subsequent County approval can be completed prior to the effective date of the sale or
transfer.
1) The Concessionaire shall deposit with the County a minimum nonrefundable administrative
transfer fee (“Administrative Fee”) of five thousand dollars ($5,000.00) upon notification of a
potential sale, transfer or assignment to reimburse County for administrative costs associated
with the transaction.
2) In connection with a full sale, transfer or assignment to a designated assignee, the
Concessionaire shall provide the County, for review, any information requested by the County
for purposes of transfer, sale or assignment of this type of business operation including, but not
limited to, the following:
a) Business and management capability of the designated assignee; and
b) A financial analysis of the Complex operation, including an appraisal of real property
improvements and/or furniture, fixtures and equipment that are included in the transaction,
be conducted before approving a sale, transfer, or assignment; and
c) A background check including financial profile and criminal history of the key individuals
of the designated assignee.
C. The Concessionaire, upon no fewer than ninety (90) calendar days’ prior written notice to the
County, may partner or subcontract with other entity(ies) to operate units of the Complex, provided
that, all gross revenues from partners, subcontractors, vendors and events shall be included in the
Annual Financial Statement as defined in Exhibit 8 - Accounting and Fees. Concessionaire is
responsible for all actions, liabilities, and damages of partners, subcontractors, and other entity(ies).
13.
Compliance Requirements.
A. The Concessionaire, for itself and all subcontractors, if any, shall not discriminate against any
employee or applicant for employment because of race, age, handicap, disability, color, religion,
sex, sexual orientation or national origin. The Concessionaire 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 (“ADA”), except that Concessionaire
and County shall be jointly responsible for the Nature Center building’s compliance with the ADA;
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. The Concessionaire, for itself and all subcontractors, if any, 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. The Concessionaire, for itself and all subcontractors, if any, shall comply, and 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 the papers of Concessionaire or sub-
concessionaire employee(s) who work on the Complex to ensure that the Concessionaire and sub-
concessionaire are complying with the warranty provided above. The Concessionaire shall make all
papers and employment records of the said employee(s) available during normal working hours in
order to facilitate such an inspection. Nothing herein shall make any Concessionaire or sub-
concessionaire an agent or employee of the County.
D. The Concessionaire for itself and all subcontractors, if any, warrants that it complies with
verification of employment eligibility and E-Verify Program.
E. If Concessionaire engages in for-profit activity and has ten (10) or more employees, and if this
Agreement has a value of one hundred thousand dollars ($100,000) or more, Concessionaire certifies
it is not currently engaged in, and agrees for the duration of this Agreement to not engage in, a
boycott of goods or services from Israel. This certification does not apply to a boycott prohibited by
50 U.S.C. § 4842 or a regulation issued pursuant to 50 U.S.C. § 4842.
14.
Concessionaire’s Representations. Concessionaire represents and warrants to the County that the
following statements are true and correct:
A. No person or selling agency has been employed or retained to solicit or secure this Agreement upon
an agreement or understanding for a commission, percentage, brokerage, or contingency fee,
excepting bona fide employees or bona fide established commercial or selling agencies maintained
by the Concessionaire for the purpose of securing business. For breach or violation of this warranty,
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County shall have the right to recover the full amount of such commission, percentage, brokerage
or contingency fee.
B. This Agreement does not to constitute, create, give rise to, or otherwise recognize a joint venture
agreement or partnership or formal business organization of any kind between the County and the
Concessionaire and the rights and obligations of the Parties shall be only those expressly set forth
in this Agreement.
C. No person(s) supplied by the Concessionaire in the performance of obligations under the Agreement
is/are considered to be the County’s employees, and no rights of the County’s civil service,
retirement, or personnel rules apply to such person(s).
D. The Concessionaire has sole responsibility for determining employee eligibility, all salaries, wages,
insurance of any type, bonuses, retirement withholdings, worker’s compensation, other employee
benefits, and all taxes and premiums appurtenant thereto concerning persons supplied by
Concessionaire and shall save and hold the County harmless with respect thereto.
E. The Concessionaire will ensure full compliance with all applicable terms and conditions of this
Agreement by its agents, employees, vendors, and contractors (including subcontractors of any tier)
and their respective employees. Failure or refusal of the Concessionaire or its agents, employees,
vendors, contractors, sub-contractors, or their employees to comply with these terms and conditions
will be deemed a breach of this Agreement.
F. The Concessionaire has not been debarred, suspended, proposed for debarment, declared ineligible,
or voluntarily excluded from covered transactions by any Federal department or agency.
G. The Concessionaire has not, within a three (3) year period preceding this Agreement, been convicted
of or had a civil judgment rendered against it for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (Federal, State or local)
transaction or contract under a public transaction; violation of Federal or State antitrust statutes or
commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making
false statements, or receiving stolen property.
H. The Concessionaire is not presently indicted or otherwise criminally or civilly charged by a
government entity (Federal, State or local) with the commission of any of the offenses enumerated
in paragraph (G) of this certification.
I.
The Concessionaire has not, within a three (3) year period preceding this Agreement, had any
transactions terminated for default.
The Concessionaire shall include, without modification, Sections 14(F) through 14(I) above in all lower
tier covered transactions (e.g., transactions with vendors, contractors) and in all solicitations for lower
tier covered transactions related to this Agreement.
15.
Representation of County.
County represents that the existing land and improvements are being presented “as-is, where-is” as of
the Effective Date. The County does not imply or provide any warranty with respect to the physical
aspects or site conditions of the Complex except as set forth herein.
16.
Notices.
All notices required under this Agreement shall be in writing and given by email delivery with read
receipt, United States Post Office certified mail with return receipt requested, or by commercial courier
served with a receipt, or by hand delivery with a receipt, to each Party’s following address, or to such
other address as either Party may notify the other in writing as provided herein. Any such notice shall
be considered served when communication is received and signed for, or delivery is refused or returned
to sender as unclaimed.
For the County:
Maricopa County Parks & Recreation Department
Attn: Contract Administrator
41835 N. Castle Hot Springs Road
Morristown, AZ 85342
Email: emily.miller@maricopa.gov
Phone: (602) 506-9500
For the Concessionaire:
Southwest Wildlife Conservation Center
Attn: Linda Searles
8711 E. Pinnacle Peak Rd, PMB 115
Scottsdale, AZ 85255
Email: linda.searles@southwestwildlife.org
Phone: (480) 471-9109
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17.
General Provisions.
A. The waiver by either Party of any breach of any one or more of the covenants, conditions or
provisions of this Agreement shall not be construed to be a waiver of any subsequent or other breach
of said covenants, conditions or provisions of this Agreement. Any failure on the part of either Party
to require or exact full and complete compliance with any of the covenants, conditions or provisions
of the Agreement shall not be construed to, in any manner, change the terms hereof or preclude such
Party from enforcing the full provisions of this Agreement.
B. The paragraph or section headings used in this Agreement are for the purpose of convenience or
reference only. They shall not be construed in any manner, or to any extent, to limit or to extend
the effect or meaning of the terms and provisions contained thereunder.
C. The Parties intend for this Agreement to comply with applicable laws. If any provision of this
Agreement is determined to be invalid, void, or illegal, then such determination shall not affect,
impair, or invalidate any other provision hereof, and the remaining provisions shall remain in full
force and effect and the Parties shall use their commercially reasonable efforts to restate the invalid
provision to the end that it complies with applicable laws.
D. 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.
E. Except as may be otherwise expressly and specifically set forth in this Agreement, no person or
entity shall be deemed a third party beneficiary of any of the provisions of this Agreement.
F. The Concessionaire agrees to collect data related to recreation uses occurring within the Complex.
The County, or its designated representative, will provide the forms on which to collect the data.
The Concessionaire will not be required to collect or release data to the County that violates any
privacy statutes, regardless of the originator, or is of a nature that identifies specific individuals as
users of the Complex.
G. There is reserved to the County and their successors or agents, the right of the officers, agents,
employees, licensees, and permittees, or the designees of public bodies, at all proper times and
places, freely to have ingress to, passage over, and egress from all of said lands, for the purpose of
exercising, enforcing, and protecting their rights and the terms and conditions described in and
reserved by this Agreement, including the right of physical entry to the area for inspection,
monitoring, or any other purpose consistent with any right or obligation of the County under any
law or regulation, or for the purposes of surveying Park users and customers at the Complex. Unless
there is an emergency, right of entry by County must be coordinated with the Concessionaire to
ensure safe entry and reasonable flow of business and protection of wildlife at the Complex.
H. The Concessionaire shall not commit or permit any illegal, morally questionable nuisance or unsafe
condition to be created or maintained on the Complex. The Concessionaire shall not operate or
knowingly permit the operation of any illegal acts upon the Complex.
I.
The Concessionaire hereby agrees and shall provide, obtain and maintain at its sole cost and expense
all operating permits and licenses and shall comply with all applicable federal, state, county, local
and city statutes, laws, ordinances, rules, regulations, and instructions, including MCPRD’s rules
and regulations (see Exhibit 11 - Park Rules), in effect now or as may be amended or added, which
apply to the development, management, operation and maintenance of the Complex, as more fully
described in Exhibits 1 through 11, attached hereto and made a part hereof, and to keep fully
informed of, and in compliance with, any changes or revisions thereto. Upon the securing of
appropriate permits and licenses to sell liquor, the Concessionaire shall provide, at its sole cost and
expense, all insurance required for liquor sales. In addition to compliance with legal requirements,
the Concessionaire shall exercise prudent, responsible and experienced judgment in the serving of
liquor for consumption in designated areas at the Complex.
J.
This Agreement shall be deemed to be made under, and shall be construed in accordance with and
shall be governed, interpreted and regulated by, the laws of the State of Arizona.Any litigation that
occurs as a result of thie Agreement shall 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.
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K. 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, the Party not
prevailing shall pay to the prevailing party a sum which the trial judge or arbitrator(s) determines is
reasonable as attorneys’ fees and costs to be allowed in the suit or action, and if appeal is taken from
any judgment or decree in the suit or action, the Party not prevailing on the appeal shall pay the
prevailing Party such further sum as the appellate court shall adjudge reasonable as attorneys’ fees
on appeal and court costs.
L. The occurrence of any of the following events shall excuse performance of such obligations of a
Party as are rendered impossible or reasonably impracticable to perform while such continues:
strikes; lockouts; acts of God; governmental restrictions; enemy or hostile governmental action; fire
or other casualty; and other causes beyond the reasonable control of the Party obligated to perform
(each an event of “Force Majeure”).
M. Concessionaire covenants and warrants that the person executing this Agreement on behalf of
Concessionaire will be duly authorized to sign this Agreement and agrees to provide proof of such
authorization, for example bylaws or a resolution, prior to execution of this Agreement.
N. This Agreement does not create a leasehold estate, and County shall at all times remain the title
holder of the real property.
O. Since this Agreement will require administrative action from time to time to carry out the intent of
the Agreement, the MCPRD Director is 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.
P. This Agreement may be executed in two or more counterparts, each of which shall be deemed an
original but all of which together shall constitute one and the same instrument. Faxed, electronically
transmitted, and copied signatures are acceptable as original signatures.
Q. Time is of the essence of this Agreement. If the date for performance of any obligation hereunder
or the last day of any time period provided herein shall fall on a Saturday, Sunday or legal holiday,
then said date for performance or time period shall expire on the first day thereafter which is not a
Saturday, Sunday or legal holiday.
R. This Agreement, together with any amendments and exhibits attached hereto, constitutes the entire
Agreement between the Parties and sets forth all of the covenants, promises, agreements, conditions
or understandings, either oral or written, between the Concessionaire and the County, and those
agreements that are executed contemporaneously herewith. This Agreement shall be construed as
a whole and in accordance with its fair meaning and without regard to any presumption or other rule
requiring construction against the Party drafting this Agreement. This Agreement cannot be
modified or changed except by a written instrument executed by the Concessionaire and the County.
The Concessionaire and the County have reviewed this Agreement and have had the opportunity to
have it reviewed by legal counsel.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE(S) FOLLOW
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Southwest Wildlife Conservation Center UMA Final
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IN WITNESS WHEREOF the Parties have executed this Agreement on the dates set forth below.
CONCESSIONAIRE
SOUTHWEST WILDLIFE CONSERVATION CENTER, an Arizona nonprofit 501(c)(3) tax-exempt
corporation
Signature
Date
By:
Printed Name
Its:
Title
COUNTY
RECOMMENDED BY:
RJ Cardin
Date
Director, Maricopa County Parks & Recreation Dept.
MARICOPA COUNTY
____________________________________________
Chairman, Board of Supervisors
Date
ATTEST
Clerk of the Board
Date
Approved as to Form:
__________________________________
Deputy County Attorney
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Exhibit 1 – Complex Conceptual Site Plan
(Not to Scale)
SWCC - please provide conceptual site plan of facility layout
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Exhibit 1 (continued)
Complex Conceptual Site Plan - within McDowell Mountain Regional Park
(Not to Scale, acreage indicated is approximate)
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Exhibit 2 - Complex Activities and Parameters
Exhibit 2 - Complex Activities and Parameters, as stated herein, sets forth the allowable uses of the Complex.
This Exhibit will be reviewed annually, no later than December 31 of each year, as part of the AMP pursuant to
the terms of the Agreement.
The Concessionaire is authorized to organize, administer, and supervise wildlife education, viewing, rescue, and
rehabilitation activities, as well as provide nature and wildlife programs and clinics at the Complex. The
anticipated Complex use and activities are as follows:
1.
Complex Use. Concessionaire shall have the exclusive right to conduct events within, and schedule use
of, the SWCC Facility
2.
SWCC Facility Access. The Concessionaire will have access to the SWCC Facility outside of regular
Park hours as set forth on Exhibit 11 – Park Rules, attached hereto and made a part hereof, for the care
of wildlife, animal drop-offs, emergencies, and other mission-related purposes.
3.
Complex Activities. The Complex shall be open to the public during regular Park hours and the
Concessionaire is anticipated to provide or construct the following structures, support facilities, and
infrastructure associated with educational, wildlife, and recreational activities:
A. Nature Center
B. Wildlife Animal Enclosures
C. Wildlife Rehabilitation and Sanctuary Space which may include:
i.
Veterinary Hospital/Clinic or veterinary activities
ii.
Conservation Medicine Center or conservation medicine activities
D. Intern Dormitories (domiciles to be utilitized for temporary intern staff and not be used for
permanent residency.)
E. Warehouse, office, and food storage space or structures.
A. Other Complex Activities. These activities shall be coordinated with the Park Supervisor.
B. Sponsored Community Events. These events are community-based opportunities that benefit the
Complex which include, but are not limited to, wildlife education, recreation programs, fundraising,
and community outreach programs.
C. Special Events. These events are defined as events which include, but are not limited to, events that
include evening programming, an extension of Park hours of operation, special pricing days, use of
multipurpose/classroom(s) and/or other Park facilities not within the Complex (i.e., ramadas).
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Exhibit 3 – Development of the Complex
Exhibit 3 – Development of the Complex, as stated herein, sets forth the guidelines for the planning, design,
permitting, and construction of the Complex. This Exhibit will be reviewed annually, no later than December 31
of each year, as part of the AMP pursuant to the terms of the Agreement.
1.
Planning.
A. In Contract Years one (1) through four (4), in accordance with the Phasing Schedule set forth in
Section 4(F) of this Agreement, the Concessionaire, at its sole cost and expense, shall retain a
qualified and experienced firm(s) acceptable to MCPRD to conduct site viability and financial
feasibility study(ies) for the Complex development that, at a minimum, address the following:
1)
Site viability studies shall demonstrate the ability to construct the Complex contemplated in the
LOI Response.
2)
Financial feasibility studies shall include identification of sources and uses of all funds,
including detailed estimates of projected revenues, expenses, debt, and construction costs,
including identification of all permits and approvals required for the development of the
Complex as phased along with a timeline for obtaining each permit or approval identified. The
study(ies) shall also include a projection of annual operating expenses and annual entry fees
and/or fundraising activities required to continue to operate the Complex contemplated in the
LOI Response.
B. The Concessionaire’s Conceptual Transition Plan identified and made a part hereof as Exhibit 3 -
Development of the Complex Appendix One – (Concessionaire Conceptual Transition Plan),
provides details of the fundraising timeline and anticipated Complex design and construction during
Contract Years one (1) through five (5).
C. The Concessionaire shall provide conceptual site plans to identify specific Complex Elements and
infrastructure requirements for each proposed phase of development. As defined, Complex
Elements are those proposed elements identified in the LOI Response that are supported by the
County at the time of the execution of this Agreement, and any other facilities that may be agreed
upon from time-to-time between Concessionaire and the County.
1) Conceptual site plans should be sufficiently detailed and include information on land use and
construction (i.e., locations of public/non-public access, buildings, cages, fences.); and
2) Identify and provide to MCPRD studies that outline the infrastructure needs for the Complex.
The studies shall include an analysis of infrastructure capacity, ownership and operation of any
systems, and identification of all permitting and agreements needed to provide required
infrastructure.
D. The Concessionaire, at its sole cost and expense, may provide and install initial Complex signage at
the Park, upon approval of sign location and sign content, size and layout.
E. Within sixty (60) days prior to the onset of each Contract Year set forth in the Phasing Schedule in
Section 4(F) of this Agreement, the Concessionaire shall submit a detailed timeline of the
Concessionaire’s proposed milestones for the upcoming Contract Year for MCPRD review and
approval. In addition to the timeline submittal:
1) Concessionaire shall meet with representatives of MCPRD upon notice from MCPRD, but in
no event on less than a quarterly basis, to discuss the Concessionaire’s progress in achieving
the Contract Year goals. Nothing contained herein shall be construed as prohibiting any meeting
from occurring via telephone or other electronic forum, upon mutual agreement of the Parties,
unless the circumstances necessitate in person meeting(s).
2) Not fewer than five (5) business days prior to each such meeting, Concessionaire shall provide
written reports to MCPRD that provide a progress update on each of Concessionaire’s
responsibilities and identify compliance with the approved timeline.
F. In the event Concessionaire does not make satisfactory progress, in the County’s sole discretion, to
meet the mutually agreed-upon annual milestones set forth for each Contract Year, it shall be
considered a default of this Agreement.
2.
Development.
A. The Concessionaire, at its sole cost and expense, shall pay all costs associated with the Complex
design, plan preparation, and obtaining all permits from applicable jurisdictions and all associated
costs and fees thereof.
B. The Concessionaire shall design and develop the Complex, at its sole cost and expense, as a co-
located single structure or compound with the improvements set forth in Exhibit 2 - Complex
Activities and Parameters. The Complex will consist of two main facilities:
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Southwest Wildlife Conservation Center UMA Final
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1) Nature Center.
a) The shared use Nature Center shall contain approximately eight thousand (8,000) square
feet which, at a minimum, includes interpretive space, a gift shop, office space, multi-
purpose rooms, classrooms, and restrooms. Space within the gift shop will be shared
between the Parties (an approximately equal amount of space for each) for Concessionaire
and MCPRD sale of souvenirs. MCPRD shall also share the use of multipurpose and
classrooms as more fully detailed in Exhibit 7 – Administrative Functions.
b) The configuration of the Nature Center shall be further defined during the design process
in a collaborative process between the Parties. The Nature Center shall be comparable, in
terms of construction standards and appearance, to the Cave Creek Regional Park Nature
Center. Concessionaire is responsible for the entire cost of construction of the Nature
Center. MCPRD will share in the costs of the Nature Center’s exterior site improvements
(for example, parking, landscaping, and signage) if funding is available from County
budget appropriation.
c) Upgrades to the Nature Center will be the sole responsibility of the Party requesting the
upgrades, unless it is for safety or regulatory compliance, then upgrade costs shall be shared
proportionally.
2) SWCC Facility. The SWCC Facility shall, at a minimum, include wildlife viewing and
rescue/rehabilitation enclosures, sanctuary space (may include veterinary hospital/clinic or
veterinary activities and conservation medicine center or conservation medicine activities),
intern dormitories, and all associated infrastructure.
C. The Concessionaire shall work to procure commodities, services, and facilities that protect and
enhance the overall environment in a diligent, professional, and credible manner within reasonable
fiscal constraints. Practices should include sustainable design features, water conservation practices,
and recycling programs where applicable.
D. Development or improvements may require the completion of National Environmental Policy Act
(“NEPA”) reviews, cultural resource compliance, or other permits before any improvements or
construction activities commence. The Concessionaire must plan its activities and provide MCPRD,
and relevant permitting agencies, sufficient time to review all drawings and proposals, prepare
NEPA documentation, as well as prepare and review other documentation as required. Refer to
Exhibit 4 - Resource Management for additional compliance parameters.
E. The Concessionaire shall participate, as deemed appropriate by MCPRD, in any effort to amend the
McDowell Mountain Park Master Plan, including, without limitation, participation in public
outreach or public meetings.
F. The Parties may partner to undertake future improvement projects within the Complex that are
mutually beneficial.
G. The Concessionaire agrees to schedule and conduct any improvements or construction activity on
the Complex in a manner that minimizes hazards and inconvenience to the public.
H. Proposed construction materials stockpiling and/or equipment staging areas are subject to the prior
approval of the MCPRD. A plan that, at a minimum, specifies the quantity, type, and location of
the materials/equipment to be stored/staged, the proposed safety and security for the staging area(s),
and a storm water protection plan, shall be submitted for approval to MCPRD a minimum of sixty
(60) calendar days in advance of the proposed activity. Stockpiling of material on the streets or in
the public right-of-way is not allowed at any time.
3.
Plan Approval. All development and improvement plans for new construction or improvements shall be
submitted, in writing, to MCPRD for its prior review and written approval at the conceptual level, thirty
percent (30%), sixty percent (60%) and ninety percent (90%) stages with final stamped sets as required
by the respective permitting agency. Final stamped sets will include the budget, construction schedule,
and anticipated dollar expenditures. Any deviation from the final plans which is material must be
approved in writing by MCPRD. The Concessionaire may commence construction upon MCPRD’s
written notice to proceed after MCPRD has received approved plans and specifications, and the
Concessionaire has secured the necessary permits, licenses, and all other approvals required for the
construction of the Complex.
4.
Infrastructure. Required infrastructure improvements, which include, but are not limited to the
following, shall be developed as necessary to serve the development and/or accommodate traffic to and
from the Complex:
A. Roads.
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Southwest Wildlife Conservation Center UMA Final
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1) The County-maintained existing road(s) to and within the Park are shown in black on Exhibit
1 – Complex Conceptual Site Plan, attached hereto and made a part hereof. The
Concessionaire shall pay for all costs associated with the addition of new road(s) and/or
modifications to the existing road(s) to and from the Complex, as dictated by traffic impact
studies prepared, and standard engineering performed, by the Concessionaire. The scope of road
work shall be determined during the design stage and before the Concessionaire begins
construction at the Complex.
2) The use and final design of any new road(s), and/or modifications to the existing road(s) to/from
the Complex are subject to the approval of all agencies having authority over Parklands, the
adjoining properties (as applicable), and rights-of-way.
3) The County shall use its best efforts to assist the Concessionaire with identifying acceptable
and feasible Complex access corridors and facilitate discussions to memorialize land rights
and/or agreements necessary to construct and maintain the required roads.
4) The Concessionaire shall pay for all costs associated with acquiring necessary land rights for
the roads.
B. Water. County expressly disclaims all warranties, whether express or implied, and makes no
representations concerning the availability, quality, or sufficiency of water for present or future use.
1) Potable Water.
a) Water is currently extended into the Park and provided by EPCOR, a private water
company.
b) The Concessionaire, at its sole cost and expense, shall pay for all costs associated with
delivering potable water to the new facilities within the Complex, to include the installation
of meter(s) to separate the water usage reporting for the SWCC Facility from the Nature
Center.
i.
Establishing a new account with EPCOR for the potable water at the SWCC Facility
is the responsibility of the Concessionaire.
ii. Establishing a new account with EPCOR for the potable water at the Nature Center is
the responsibility of MCPRD.
2) Non-potable Water. The Concessionaire, at its sole cost and expense, shall pay for all costs
associated with obtaining an alternate source of non-potable water (if applicable), distribution
of non-potable water to and within the Complex, incorporating the use of non-potable water for
irrigation or non-potable water needs at the Complex, and tracking water usage (i.e. metering).
a) Non-potable water at the Park is a limited source of water per an annual allocation.
According to the Arizona Department of Water Resources (“ADWR”), the Annual
Allocation of non-potable water is limited to ten (10) acre feet from January 1 through
December 31 of each year (“Annual Allocation”). The County shall not be financially
responsible for finding or providing water from other sources if the non-potable water is
not available.
b) The Concessionaire shall provide an alternate source of water if the existing non-potable
water is not available or not adequate to fulfill the needs of the Complex. Concessionaire
may drill a well on-site, so long as it complies with all applicable permitting and ADWR
requirements. Any well installed will be registered in the name of the County since the
County has water use rights available for the Park. The County will file any required
annual ADWR reports associated with any new well(s).
3) Water Management Plan. The Concessionaire will develop a Water Management Plan (“Water
Management Plan”) to accompany the Complex’s conceptual preliminary design details and
describe management of the non-potable water supply system.
4) The Concessionaire shall provide to MCPRD during the design phase of the project, a finalized
Water Management Plan that forecasts daily, weekly, and monthly water demand use. The plan
shall illustrate water usage that does not exceed the ten (10 acre feet) acre feet Annual
Allocation.
C. Waste Water System.
1) Concessionaire shall be responsible for all costs for waste water disposal, to include all costs
associated with the design, permitting, construction, purchase, and maintenance of the
system(s) to be used in support of disposal of waste water, unless otherwise stated in this
Agreement. Hazardous materials may not be disposed of in sewer or septic systems (See
Exhibit 4 - Resource Management).
2) Waste water will need to be disposed of through a septic system or use of chemical toilets
depending upon the planning and permitting restrictions.
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D. Electrical. The Concessionaire, at its sole cost and expense, shall pay for all costs associated with
the installation and delivery of electrical service to and within the Complex to include the installation
of meter(s) to separate the SWCC Facility service from the Nature Center service, as more fully
described in Exhibit 8 – Accounting and Fees.
1) Establishing a new account with the provider for the electrical service at the SWCC Facility is
the responsibility of Concessionaire.
2) Establishing a new account with the provider for the electrical service at the Nature Center is
the responsibility of MCPRD.
E. Easements. The County reserves the right to establish or modify access or utility easements through
the Complex:
1) If the proposed new or modified easement is solely for the benefit of County, then the costs of
design, permitting, construction and maintenance of the easement, and improvements located
therein, will be the responsibility of the County. Reasonable notice will be provided to the
Concessionaire of the location of the proposed easement(s) and improvements. Construction
will be coordinated with Concessionaire.
2) If Concessionaire requests relocation of any existing utilities or new utility installation and/or
a new or modified access, Concessionaire shall submit the proposed location(s) of the
easement(s) and improvement(s) to MCPRD for MCPRD and County review and approval prior
to submission to the appropriate planning and permitting authorities. The Concessionaire shall
be responsible for all costs associated with the aforementioned relocation/installation of utilities
and/or access to include all fees, permits, and construction.
F. Impediments to Development. The Parties recognize that the Concessionaire has not had the benefit
of a contingency period under this Agreement which would enable it to confirm: (i) the ability to
obtain all permits required to complete the improvements contemplated by this Agreement and this
Exhibit 3 – Development of the Complex; (ii) that there are no obstacles to development such as
unfavorable soil conditions, soil contamination, access limitations, and similar matters; and (iii) that
there are no other unanticipated impediments to development such as neighborhood opposition or
political opposition to any aspect of the proposed projects to be undertaken in the Complex,
therefore, the Parties agree that the development of the Complex may be limited and that the
elements and features of the Complex are subject to reasonable change by the Concessionaire to
accommodate directives from regulatory agencies, changes in the marketplace, changes in federal
or state statutes or policy, changes dictated by planning and permitting guidelines or restrictions,
changes dictated by opposition to any proposed development, the inability to obtain utility services
or materials to operate any proposed element of the Complex; and the need to remodel and renovate
features. If any of the aforementioned items impede the proposed development set forth in the LOI
Response and the Agreement, Concessionaire shall promptly notify MCPRD of the impediment and
coordinate in good faith with MCPRD to address a possible solution which may include an
amendment to this Agreement. The County will, in its sole discretion, make the decision(s)
pertaining to whether development may deviate from the LOI Response and Agreement, and such
decision(s) cannot be appealed.
G. As-Built Plans. As defined, As-Built Plans shall be a final drawing produced at the completion of
the Complex.
1) As-Built Plans will be submitted to the permitting agencies upon completion of construction of
the Complex or any future improvements.
2) One (1) electronic copy of As-Built Plans and specifications shall be furnished to MCPRD
within sixty (60) calendar days of completion of construction of the Complex or future
improvements. The Concessionaire will be responsible for the costs incurred for additional
plans as may be required.
H. Legal Description. The Concessionaire will furnish to MCPRD a full site survey in paper and GIS
formats along with a legal description of the Complex as a whole and separate legal descriptions of
the lands considered to be within the SWCC Facility and the Nature Center sites respectively, within
sixty (60) calendar days of completion of construction of the Complex, at no cost to the County.
{00478722.3 }
Southwest Wildlife Conservation Center UMA Final
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Exhibit 3 - Development of the Complex
Appendix One – (Concessionaire Conceptual Transition Plan)
Southwest Wildlife Conservation Center
Transition Plan
Adopted of 05/20/2019 ‐ Updated 2/26/2020
Activity
2020
2021
2022
2023
2024
Measure
County Parks relationship
Complete and sign County agreement
Use Management Agreement completed by Spring 2020
Signs, other presence in county park
Beginning in 2020 w/signage at minimum
Operational management agreement
By 2023, agreement on shared operations and maintenance
Board, Volunteer, Staff Leadership
Board of Directors expansion
10 to 12 Board members by mid 2020
Staff Leadership/structure
ED transition, initial staff additions by 12/20
Advisory Committees/Teams
Lists developed of who might be helpful in Fall 2019 (and
ongoing); additional community involvement in planning,
advisory groups, committees started during 22020
Strategic Planning/Transition Financial
Planning
Preliminary business/financial plan completed by 12/30/20
Capital Campaign
Planning/camp. committee formation
Planning and positioning: 12 months Spring 2020 ‐ Spring 2021
Quiet Phase
Spring 2021 ‐ end of 2022
Public Phase
January 2023 ‐ mid 2024
Facility Design and Construction
Conceptual drawings & sketches
Completed and available by mid‐2020
Site master planning
9 months, completed by end of 2020
Architectural design/approval
18 months, completed mid‐2022
Construction drawings/permits
12 months, completed by mid‐2023
Construction
18 months, completed by end of 2024
{00478722.3 }
Southwest Wildlife Conservation Center UMA Final
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Exhibit 4 - Resource Management
Exhibit 4 - Resource Management, as stated herein, provides the resource management and environmental
compliance parameters. This Exhibit will be reviewed annually, no later than December 31 of each year, as part
of the AMP pursuant to the terms of the Agreement.
The Concessionaire is responsible for ensuring that adequate resource management and environmental practices
are adhered to as set forth herein. The Concessionaire 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.
1.
Environmental Compliance.
A. Environmental Review. The Concessionaire, at the Concessionaire’s sole expense, shall be
responsible for the completion of all applicable environmental studies or assessments, and obtaining
all applicable permits, licenses as well as conducting any type of environmental mitigation that may
be required within the Complex.
B. Air Quality. The Concessionaire, at the Concessionaire’s sole expense, shall be responsible for
obtaining all air quality permits, and/or licenses to ensure compliance with the Maricopa County air
and dust control, water and waste control regulations, as well as any other applicable federal, state
and local statutes, regulations and ordinances as they pertain to environmental protection.
C. Hazardous and Regulated Materials.
1) 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.
2) Management and proper disposal of all regulated substances is the responsibility of the
Concessionaire. Any such regulated substances must be disposed of pursuant to and in
compliance with all required laws and regulations concerning the use and disposal of such
regulated substances. The Concessionaire must keep appropriate and required documentation
relating to the management and disposal of all regulated substances.
3) If the Concessionaire’s activities result in a release of any regulated substances or any adverse
environmental impacts, the Concessionaire shall be solely responsible for any and all resulting
site assessment(s), studies, remediation and clean-up costs required to restore the property to as
close to its original condition as possible.
4) The Concessionaire may use commercially reasonable amounts of cleaning, office, and
veterinary supplies which may be regulated substances in its operations at the Complex, so long
as used, stored, and disposed of in compliance with law and required documentation for use
and safety are properly posted (i.e. Safety Data Sheets).
D) Regulated Use.
1) The Concessionaire will provide to County upon the start of any construction activities, and
within ninety (90) calendar days of the Opening Date, a complete list identifying all regulated
substances including, but not limited to, hazardous material or petroleum products to be stored
at the Complex. Changes from the initial list shall be provided by the Concessionaire to the
County, in writing, as they occur. The Concessionaire shall keep safety data sheets on site for
all regulated substances as required by law.
2) The Concessionaire shall prepare and implement any necessary remediation action plan in
accordance with all applicable federal, state, county and city statutes, laws, ordinances, rules
and regulations in the event that Concessionaire causes any contamination of the Complex or
the Park.
3) The Concessionaire shall provide, within twenty-four (24) hours of its knowledge, verbal
notification to the County, in accordance with Section 16 of this Agreement, information on
any event or occurrence at the Complex which may or does result in pollution or contamination
affecting lands, water or facilities owned or managed by the County or adjacent properties.
2.
Pest / Weed Control and Animal Salvage.
{00478722.3 }
Southwest Wildlife Conservation Center UMA Final
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A. The Concessionaire, at the Concessionaire’s sole expense, shall be responsible for managing vermin
and other pests, including weeds, on all lands and facilities within the SWCC Facility. In the event
of visible evidence of pest(s) infestation, Concessionaire will restore the area to as close to its
original condition as possible. Thirty (30) calendar days prior to Opening Date, the Concessionaire
shall develop and submit for MCPRD approval, a Pest Management Plan, defined as a plan that
details a safe and environmentally sensitive control or eradication of potential pests at the SWCC
Facility. At a minimum, the Pest Management Plan needs to include the product name and solution
ratio that will be used at the SWCC Facility. The Pest Management Plan will be evaluated annually
by MCPRD. Pest/weed control on the lands and facilities within the Nature Center shall be the
responsibility of MCPRD.
B. The Concessionaire, at the Concessionaire’s sole expense, shall be responsible for complying with
all training (federal, state, county and local), operational and licensing requirements pertinent to and
required for the application of pesticides in Arizona. The applicator shall hold all necessary licenses
and registrations required for lawful application of pesticides, herbicide, fungicide, fertilizer, and
similar chemicals/substances. The Concessionaire shall keep safety data sheets on site for those
materials and products set forth above as required by law.
C. The Concessionaire, at the Concessionaire’s sole expense, shall be responsible for securing all
permits and plans for the protection and/or relocation of endangered, threatened, or protected species
of wildlife in any area(s) of land disturbance (including potholing associated with construction or
operation of the Complex), per State/Federal guidelines. Two resources that may assist
Concessionaire with their research to determine required permits are: i) Environmental Review from
Arizona Game and Fish https://azhgis2.esri.com/; and ii) the US Fish & Wildlife Services
http://ecos.sws.gov/ipac/.
3.
Historic and Archeological Resources. The County has no knowledge of the presence of any artifacts,
antiquities, human remains or other items of archeological, scientific or cultural interest which would
impede the development of the Complex. However, the Concessionaire shall take all reasonable and
necessary precautions to protect and preserve any and all antiquities or other objects of archeological,
paleontological, cultural, historic or scientific interest that it finds on County lands within the Complex.
These objects include, but are not limited to, historic or prehistoric ruins, human remains, funerary
objects, and other artifacts. Should such sites or objects, or evidence of sites or objects, be discovered,
the Concessionaire shall:
A. Immediately suspend all work involving the area in question, make a reasonable effort to protect
and stabilize such discovery and provide a verbal notification to MCPRD’s Contract Administrator,
in accordance with Section 16 of this Agreement, of the existence of such discovery.
B. Forward a written report of their findings to MCPRD’s Contract Administrator in accordance with
Section 16 of this Agreement, and not resume work until written authorization to proceed is issued
by the County.
C. At its sole cost and expense, have the area inspected to determine its historical significance and
required next action (e.g. salvage, test excavations, and resumption of construction). If the property
has been determined to be a site of archeological significance, the removal of the artifacts will be
the responsibility of the County. All objects salvaged from public lands are the property of the
United States Government and will be turned over to County for disposition.
{00478722.3 }
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Exhibit 5 – Preventative Maintenance and Capital Improvements
Exhibit 5 – Preventative Maintenance and Capital Improvements, as stated herein, provides the preventative
maintenance and capital improvement parameters for the Complex. This Exhibit will be reviewed annually, no
later than December 31 of each year, as part of the AMP pursuant to the terms of the Agreement.
The Concessionaire shall perform Complex preventative maintenance and capital improvements as stated herein
and in the Agreement and as identified in Exhibit - 5 Preventative Maintenance and Capital Improvements
Appendix One, attached hereto and made a part hereof, in a diligent and professional manner satisfactory to the
County in compliance with all applicable statutes, laws, ordinances, rules, and regulations.
SWCC Facility
1.
Preventative Maintenance and General Repairs. Concessionaire shall be responsible for the preventative
maintenance and general repairs of all infrastructures, roadways, structures, wet utilities (potable/non-
potable), dry utilities, equipment, and facilities/amenities within, or associated with/within the SWCC
Facility. By definition, “Preventative Maintenance” means those activities that are completed to maintain
an area, facility or piece of equipment in a safe, properly functioning condition that complies with
commercial operating standards for that specific amenity and/or equipment as applicable. Preventative
Maintenance, as used in this Section, does not refer to those activities defined below in Section 2.
A. The Concessionaire is responsible for all Preventative Maintenance costs.
B. The Concessionaire, within ninety (90) calendar days of the Opening Date of the SWCC Facility,
shall develop and submit to MCPRD a Preventative Maintenance Plan (“PMP”) incorporating the
Concessionaire’s PMP responsibilities, as referenced in Section 1 above, pertaining to the SWCC
Facility.
2.
Capital Improvements. Captial Improvements are defined as new construction or major repair and/or
replacement of building components which substantially extend the useful life of existing facilities.
Concessionaire shall be responsible for all Capital Improvement costs and shall maintain the SWCC
Facility in a commercially reasonable manner to prevent disrepair within, or associated with, the SWCC
Facility.
A. Beginning with Contract Year two (2) and within ninety (90) calendar days after the end of each
Contract Year thereafter, the Concessionaire shall provide to the County, for its review, an Annual
Capital Improvement Project (“ACIP”) Plan for the ensuing year. The ACIP Plan shall include a
budget which details any planned Capital Improvement expenditures from the Capital Improvement
Project fund (CIP) as defined in Exhibit 8 – Accounting and Fees.
B. In the event the County and the Concessionaire disagree on the proposed Capital Improvement
expenditures for any Contract Year, then the determination of Concessionaire shall control so long
as it is consistent with the provisions of this Section 2.
Nature Center
1.
Preventative Maintenance and General Repairs. County and Concessionaire shall share the
responsibilities and costs proportionately, based on each Party’s square foot use of the Nature Center,
for the preventative maintenance and general repairs of all infrastructures, roadways, structures, wet
utilities (potable/non-potable), dry utilities, equipment, and facilities/amenities within the Nature Center.
County and Concessionaire shall also share the responsibility and costs proportionately, based on each
Party’s square foot use of the Nature Center, for maintaining the Nature Center in a commercially
reasonable manner to prevent disrepair, as well as to conduct major maintenance and repair of existing
facilities which will substantially extend the useful life of said existing facilities
2.
Capital Improvements. County and Concessionaire shall also share the responsibility and costs
proportionately for Capital Improvements within, or associated with, the Nature Center.
{00478722.3 }
Southwest Wildlife Conservation Center UMA Final
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Exhibit 5 – Preventative Maintenance and Capital Improvements
Appendix One
MAINTENANCE MATRIX
Operation and Maintenance Items
SWCC Facility
Nature Center
Shared Space
Nature Center
County Space
Waste Water System
SWCC
N/A
MCPRD
Water System Potable
SWCC
Proportionately
MCPRD
Water System Non-potable
SWCC
N/A
N/A
Electric Service (mainline), Meter and
Monthly Charges
SWCC
Proportionately
MCPRD
Parking Lots
SWCC
Proportionately
MCPRD
Irrigation, Landscaping, and
Pest/dust/weed control
SWCC
N/A
MCPRD
Restroom Facilities
SWCC
Proportionately
MCPRD
Repair of Storm or Casualty Damage
SWCC
Proportionately
MCPRD
Inspections of Facilities – yearly
(County, Concessionaire and Third
Party Inspector)
SWCC/MCPRD
Third Party
Inspector
N/A
MCPRD
Spill Plan (including equipment)
SWCC
Proportionately
MCPRD
Capital Improvements (incl. Major
Repairs/Replacements)
SWCC
Proportionately
MCPRD
Note: “Proportionately” means based on each Party’s square foot use of the Nature Center.
{00478722.3 }
Southwest Wildlife Conservation Center UMA Final
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Exhibit 6 - Marketing and Media
Exhibit 6 - Marketing and Media, as stated herein, provides the marketing and media parameters for the
Complex. This Exhibit will be reviewed annually, no later than December 31 of each year, as part of the AMP
pursuant to the terms of the Agreement.
The Concessionaire is responsible for ensuring that all Complex media, advertising materials, and marketing is
family oriented and is reviewed and/or approved by MCPRD as noted herein. Subject to Maricopa County Board
of Supervisors’ final decision and in its sole discretion, which may be withheld, delayed or conditioned,
Concessionaire is provided the opportunity to name the Complex, or a portion thereof for up to the Term of the
Agreement. The parties agree that the County reserves the right at any time to rename the Complex, or any portion
thereof, if, in its sole discretion, it determines that such name is no longer appropriate.
1.
Press Releases and Media Distribution. Prior to distribution, the Concessionaire will provide the
Contract Administrator, via email, a courtesy copy of all media releases relating or referring to the
Complex.
2.
Marketing & Advertising.
A. Advertisements, signs, circulars, brochures, letterheads, and other media or materials shall not
misrepresent in any way the accommodations or services provided.
B. All printed advertising and co-branding relating or referring to the Complex shall include a
statement to the effect that the Complex is being operated as “A Concessionaire of Maricopa County
at McDowell Mountain Regional Park.”
C. The Concessionaire is authorized to accept family oriented advertising from other Park
concessionaires and vendors not located at the Park (“Outside Vendors”) that desire to advertise
their particular business to visitors of the Complex.
D. The Concessionaire is authorized to assess a fee for advertising requested by Outside Vendors.
3.
Signage. Signs or other advertising posted on County land outside the Complex will be subject to County
and any other applicable administrative agency approvals as to location, design, size, color, and content
prior to construction or use.
A. The Concessionaire shall control signage within the SWCC Facility,
B. The MCPRD shall control signage within the Nature Center
C. The Parties shall collaborate on signage for the shared use portions of the Nature Center.
{00478722.3 }
Southwest Wildlife Conservation Center UMA Final
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Exhibit 7 - Administrative Functions
Exhibit 7 - Administrative Functions, as stated herein, provides the procedures for the daily administration of
the Complex. This Exhibit will be reviewed annually, no later than December 31 of each year, as part of the AMP
pursuant to the terms of the Agreement.
The Concessionaire shall provide administrative functions as stated herein and in the Agreement in a diligent,
professional and credible manner satisfactory to the County and in compliance with all applicable state, federal
and local statutes, laws, ordinances, rules, and regulations.
1.
The Concessionaire shall pay, at its sole cost and expense, for all costs associated with employment and
management of all of Concessionaire’s personnel, including volunteers for the operation of the Complex.
The Concessionaire is fully responsible for the proper supervision of all its employees, volunteers,
contractors, subcontractors, vendors, and all patrons using the Complex.
2.
Schedules.
A. Shared Use. The Parties shall collaborate on scheduling the use of all shared space (i.e., gift shop,
multipurpose rooms, and classrooms) in the Nature Center.
B. Operating Schedule. Within sixty (60) calendar days of the Opening Date and by January 2nd of
each calendar year thereafter, the Concessionaire shall submit to MCPRD for review and comment,
and as part of the AMP, an annual operating schedule showing the intended hours and days of
operation. The Concessionaire may modify the annual operating schedule, based on their prudent
business judgment; however, Concessionaire shall provide MCPRD notice, in writing, of such
changes thirty (30) calendar days prior to their effective date or as soon as reasonably practicable.
Hours of operation may be adjusted by Concessionaire or County; however, no event will begin
before 6:00 a.m. or proceed past posted Park closing hours without written authorization from
MCPRD. The Concessionaire will have access to the SWCC Facility outside of regular Park hours
for the care of wildlife, wildlife drop-offs, emergencies, and other mission-related purposes.
C. Rate Schedule(s). Within sixty (60) calendar days of the Opening Date and by January 2nd of each
calendar year thereafter, the Concessionaire will submit to MCPRD, for review and comment and
as part of the AMP, a general price list for goods and services that will be charged to the public at
the SWCC Facility and gift shop. Concessionaire may modify the rates and prices based on their
prudent business judgment; however, the Concessionaire shall provide MCPRD notice, in writing,
of such change within thirty (30) calendar days prior to their effective date or as soon as reasonably
practicable. The Concessionaire will post, and at all times keep on public display, the prices, rates,
and charges for goods (excluding public display items at the Nature Center) and services at the
Complex, as well as the acceptable forms of payment.
3.
Complex Annual Evaluation. An annual evaluation (see Exhibit 7 – Administrative Functions
Appendix One - Complex Annual Visual Evaluation Template, attached hereto and made a part
hereo) by MCPRD’s Contract Administrator in cooperation with appropriate County staff, will be made
of the quality of operation and maintenance of the Concessionaire’s operation within the Complex and
of compliance with all terms of this Agreement to determine if there are areas of deficiency to be
addressed and corrected.
A. As an integral part of the evaluation process, and as a demonstration of the Concessionaire’s
commitment to public safety and its long term investment and interests, the Concessionaire shall
obtain, starting in Contract Year two (2), or two (2) calendar years after completion of construction
timeline (as defined in Agreement Section 4(F)), whichever occurs later, annual inspections done
by third-party inspectors of the Complex (e.g. building structures, roofing, foundations, electrical
and fire systems) and shall provide MCPRD a copy of said inspections, at no cost to the County.
B. The Concessionaire shall fully cooperate with County in this evaluation process, and any deficiency
determination shall be at the County’s discretion. County will afford Concessionaire thirty (30)
calendar days to respond to such evaluation and provide a timeline, not to exceed ninety (90)
calendar days from date of evaluation, to correct any deficiencies that are required to be made to
comply with this Agreement. Failure to correct deficiencies identified by County shall be
considered an event of default that is curable in accordance with the provisions set forth in Section
7(A)(2) of this Agreement.
C. The County shall administer this Agreement diligently and professionally. The Concessionaire may
also evaluate County, on an annual basis, as to compliance with all terms of this Agreement to
determine if there are areas of deficiency to be addressed and corrected. The County shall fully
cooperate with the Concessionaire in this evaluation process.
{00478722.3 }
Southwest Wildlife Conservation Center UMA Final
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Exhibit 7 - Administrative Functions
Appendix One – Complex Annual Visual Evaluation
Please refer to Complex Annual Third-Party Inspection for Specific Conditions of the Complex
Template
Name of Complex:
Southwest Wildlife Conservation Center Facility
Location:
McDowell Mountain Regional Park
Date of Evaluation:
Name of Concessionaire:
Concessionaire’s Representative Present:
A. Nature Center and Public Areas Conditions:
1. Main buildings:
2. Exterior public auxiliary facilities and concessions:
3. Walkways, trails, and sidewalks:
4. Play equipment (if any):
5. Public parking areas:
6. Litter and trash control:
B. SWCC Facility:
1. Appearance/maintenance of enclosures, etc:
2. Complex lighting (common areas) is adequate and sufficiently shielded to eliminate/reduce “spill”
light from emanating above the horizontal plane:
3. Fencing/cages are well-maintained:
4. Fire extinguishers readily available:
5. Dust control measures evident and effective:
D. Maintenance and Repair Facility Observations
1. Equipment Buildings / Storage Areas conditions:
2. SDS “Right-To-Know” Station in Place; SDS sheets posted:
3. Manifests kept and logged on all contained/disposed of petroleum-based products, tires, or batteries:
4. OSHA notices and Hazmat placards posted as applicable:
5. Evidence of run-off controlled for containment of petroleum/hazmat:
6. All oils and fossil fuels stored on-site per environmental standards:
D. Customer Service
1. Examples of customer comments about service, pricing, policies, and quality of Complex (attach):
2. Example of a complaint that was received and how it was resolved:
F. Compliance:
1. Is the Concessionaire compliant with provisions of A.R.S. §41-4401 applicable to contractors:
2. Annual Operating Permits and Licenses (food, liquor, etc.) copies provided (permanent permits which
do not renew periodically do not need to be provided):
3. Annual third-party inspections (building, roofing, foundations, electrical & fire) copies provided:
G. Comments:
Confirmation:
Signature of Person Conducting Evaluation MCPRD Date
Signature of Person Conducting Evaluation County FMD Date
{00478722.3 }
Southwest Wildlife Conservation Center UMA Final
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Exhibit 8 – Accounting and Fees
Exhibit 8 - Accounting and Fees, as stated herein, provides administrative procedures for payments of annual
and minimum fees, payment of utilities, as well as provides procedures for the establishment of a Capital
Improvement Fund (defined below in Section 5) for the Complex. This Exhibit will be reviewed annually, no
later than December 31 of each year, as part of the AMP pursuant to the terms of the Agreement.
The Concessionaire shall maintain an accounting system and pay all fees as stated herein and in the Agreement
promptly and in compliance with all applicable statutes, laws, ordinances, rules, and regulations.
1.
Complex Use Fees. By definition, Complex Use Fees are fees paid by the Concessionaire to County for
the use of the Complex. In lieu of the Complex Use Fee, visitors to the Complex shall pay the MCPRD
published Park entry fees, which shall be retained by MCPRD. Prior to the Complex Opening Date, the
Parties shall collaborate to devise a mutually agreed upon system of entry fee collection and memorialize
the system in the AMP.
2.
SWCC Facility Entry Fees. The Concessionaire is responsible for the management and collection of all
SWCC Facility Entry Fees. By definition, SWCC Facility Entry Fees are fees paid by the visitors to the
Concessionaire for entry into the SWCC Facility. SWCC Facility Entry Fees shall be retained by the
Concessionaire. MCPRD shall not charge separate entrance fees for access to SWCC Facility.
3.
Sales Revenue Collection. Prior to the Complex Opening Date, the Parties shall collaborate to devise a
mutually agreed upon system of sales revenue collection and memorialize the system in the AMP.
4.
GAAP. The Concessionaire will maintain an accounting system which conforms to the Generally
Accepted Accounting Principles (GAAP) and which accurately reflects an accounting of the
Concessionaire’s entire operation within the Complex. These financial records will be retained for a
seven (7) year period from each current Contract Year (January 1 through December 31). These financial
records will also be made available for an annual inspection or audit by county, federal, or state
government, their agents or employees.
A. Annual Financial Report. Within one hundred twenty (120) calendar days of the end of each fiscal
year (January 1 through December 31), the Concessionaire, at its own expense, will prepare and
submit to County an Annual Financial Report (“AFR”) stating the income and expenses, including
a balance sheet, of the Concessionaire’s entire operation within the Complex for the calendar year
just completed. The financial statements shall be audited by a Certified Public Accountant prior to
submittal. The AFR shall include a statement that the amounts shown in the financial report are
consistent with those included by the Concessionaire’s federal and any state information or income
tax returns relating to the Concessionaire’s operation within the Complex. If these are not the same,
a statement explaining any differences shall be included. If the Concessionaire’s books, records and
other documents relevant to this Agreement are not sufficient to support and document fiscal
activity, the Concessionaire will, within twenty (20) calendar days of the auditor’s report, make
payment to the County, if required due to any amounts not adequately supported and documented.
B. Attendance Statement. Within thirty days (30) calendar days of the end of the each calendar year
(January 1 through December 31), the Concessionaire shall prepare and submit to the County an
annual attendance statement for the SWCC Facility for the calendar year just completed.
C. Audit. The County, at its own expense, has the right to audit monthly attendance reports and AFR
timeliness and accuracy.
5. Other Fees. Invoices generated by the County for utilities or other fees to be paid by the Concessionaire no
later than twenty (20) calendar days after the date submitted to Concessionaire (“Due Date”).
A. Signage. The Concessionaire, at its sole cost and expense, is responsible for all costs associated with
costs of signs used in support of the SWCC Facility.
1) The Parties will share the cost of signage for the gift shop in the Nature Center proportionately.
2) MCPRD will provide off-premises and directional signage to the Complex at the Park (i.e., Park
entrance).
B. Parking Lot. The County will invoice Concessionaire for its portion of the cost of maintenance of
the parking lot at the Complex proportionately, based on each Party’s estimated visitation of the
Complex.
C. Other Maintenance. The County will invoice Concessionaire for its portion of the cost for
maintenance of the restroom facilities, repairs of storm or casualty damage, and spill prevention
plan at the Nature Center based on each Party’s square foot use of the Nature Center.
D. Electrical Fees.
1) Concessionaire, at its sole cost and expense, shall pay the electrical provider directly for the
fees associated with the use of electrical service at the SWCC Facility.
{00478722.3 }
Southwest Wildlife Conservation Center UMA Final
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2) The County shall invoice the Concessionaire for fees associated with the proportionate share
for the use of electricity for delivery of the County’s potable water through a booster pumping
system to the point of connection for the Complex, based on monthly water meter readings.
3) The County shall invoice the Concessionaire for SWCC’s portion of the electricity service
charges for the Nature Center based on each Party’s square foot use of the Nature Center.
E. Water Fees.
1) Concessionaire, at its sole cost and expense, shall pay the potable water provider directly for
the fees associated with the use of potable water at the SWCC Facility.
2) The County shall invoice the Concessionaire for SWCC’s portion of the fees for potable water
usage at the Nature Center associated with the proportionate share for the use of potable water
used in the Nature Center, based on each Party’s square foot use of the Nature Center.
3) The County will not charge the Concessionaire for the use of up to the Annual Allocation of
non-potable water used at the SWCC Facility (see Exhibit 3 – Development of the Complex).
4) The County shall be responsible for submission of all annual use reports as required by the
ADWR for the withdrawal of more than ten (10) acre-feet of non-potable water used during the
calendar year. ADWR fees are determined based upon the ADWR published fee schedule and
the metered use of non-potable water during the calendar year. The County shall invoice
Concessionaire for water use over the ten (10) acre-feet of non-potable water used based on the
ADWR published fee schedule.
F. All reports, fees, and payments due to the County will be sent to:
Reports:
Email: emily.miller@maricopa.gov
Fees/Payments, if by credit card:
Phone 602-506-9500
Reports/Fees/Payments, if mailed:
Maricopa County Parks and Recreation Department
c/o Finance Department
41835 N. Castle Hot Springs Road
Morristown, AZ 85342
G. Late Payment Fee. A late payment fee shall be ten percent (10%) of the invoiced amount or amount
due for payments not made within twenty (20) calendar days of the due date.
6.
Capital Improvement Project Fund (“CIP Fund”). Concessionaire agrees to set up a CIP Fund for capital
improvements and/or major maintenance and repair of existing facilities, structures and other
improvements to substantially extend the useful life of the SWCC Facility and SWCC’s portion of the
Nature Center. (See Exhibit 5 - Preventative Maintenance and Capital Improvements, and its
Appendix One).
A. Beginning thirty (30) calendar days after issuance of the annual audit beginning after the first full
year of operation after the Opening Date of the SWCC Facility, the Concessionaire shall deposit
annually two and one-half percent (2.5%) of their annual operating budget toward the CIP Fund for
capital improvements and/or major maintenance and repair of existing facilities for each upcoming
Calendar Year. The CIP Fund after year two (2) of operation, shall not fall below fifty thousand
dollars ($50,000.00) in any calendar year.
B. The Concessionaire may direct the investment of the CIP Fund until needed for capital
improvements and/or major repairs.
C. The funds in the CIP Fund shall be transferred to the County in the event that the Concessionaire
defaults or upon the termination of this Agreement.
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Exhibit 9 - Safety
Exhibit 9 - Safety, as stated herein, provides the safety parameters for the Complex. This Exhibit will be
reviewed annually, no later than December 31 of each year, as part of the AMP pursuant to the terms of the
Agreement.
The Concessionaire is responsible for ensuring that adequate safety measures and personnel are on-site at all times
during Complex operating hours. All activities and events conducted by the Concessionaire will be conducted
in conformance with all relevant industry standards and in compliance with all applicable federal, state and local
statutes, regulations, and ordinances relating to safety.
1.
Security. The Concessionaire, at its sole cost and expense, shall provide appropriate security measures
to protect the Complex, its employees, volunteers and/or contractors, and the public.
2.
Safety Program.
A. The Concessionaire shall develop and implement a written safety program thirty (30) calendar days
prior to the scheduled Opening Date, and provide a copy of the program to MCPRD. All activities
and events conducted by the Concessionaire shall be conducted in conformance with all relevant
industry standards for safety and in compliance with all applicable federal, state, local safety,
occupational health regulations, statutes, laws, and ordinances.
B. The safety program shall include a self-inspection of all equipment, facilities, and work processes
by qualified personnel to verify compliance with established federal, state, county and local safety
and occupational health regulations. Changes or amendments to the safety program will be
submitted to MCPRD as they occur.
C. The County has the authority to immediately suspend any of the Concessionaire’s operations if it is
determined that there is an imminent risk or threat to the public, employees, or Park staff. Such
suspension shall remain in effect until the risk or threat has been resolved to the reasonable
satisfaction of the County. Such suspension will be without liability to County for any
Concessionaire losses, including, but not limited to, lost income, wages or other compensation
which may be claimed by the Concessionaire.
3.
Reporting.
A. The Concessionaire shall immediately report to the County any event which results in death, serious
injury, or medical transport. Reports shall be submitted to the Contractor Administrator, Park
Supervisor, and the Regional Superintendent as per the MCPRD organizational flow chart set forth
in Exhibit 10 - MCPRD Organizational Chart, as amended by MCPRD from time to time.
B. The Concessionaire shall annually provide the Contract Administrator copies of all insurance claims
(to include but not limited to incident reports) within thirty (30) calendar days after the end of each
calendar year.
4.
Park Access and Closure.
A. The Concessionaire reserves the right to deny any person use of portions of the Complex when it
reasonably believes that such use poses a direct threat to the health or safety of others or the
Complex.
B. The Concessionaire may restrict public access within the Complex during hours of operation and
non-operation for reasons of security, health and safety, or protection of animals.
C. The County reserves the right to close any area of the Park, including the area in which the Complex
is located, when deemed necessary for public safety and health purposes without any liability to
County for any Concessionaire losses, including, but not limited to, lost income, wages or other
compensation which may be claimed by the Concessionaire. Prior to taking such action, MCPRD
will attempt to coordinate said actions with the Concessionaire to minimize adverse impact to the
Complex operation.
D. The County may establish limits of visitation at any portion of the Complex, based on public health
and safety, or any other reason deemed by the County to be in the public interest (defined below),
in the judgment of the County, without any liability to County for any Concessionaire losses,
including, but not limited to, lost income, wages or other compensation which may be claimed by
the Concessionaire. By definition, “public interest” means, among other things, any action taken by
the County necessary to ensure public safety and health as well as safety of Park property, curb civil
unrest, for fire prevention, for flood prevention/clean-up or for other natural events which could
adversely impact the Park or users thereof. Prior to taking such action, MCPRD will attempt to
coordinate said actions with the Concessionaire to minimize adverse impact to the Complex
operation.
{00478722.3 }
Southwest Wildlife Conservation Center UMA Final
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5.
Emergency Evacuation Plan (“EEP”). The purpose of an EEP is to provide emergency evacuation
guidelines in the event emergency evacuations are necessary. The Contract Administrator will provide
the Concessionaire an EEP template for their use as soon as possible after the Effective Date of this
Agreement.
A. The Concessionaire shall, upon the Effective Date, provide the Contract Administrator with the
name and phone numbers of a primary and secondary point-of-contact to be notified in the event of
an evacuation.
B. The Concessionaire shall provide two (2) EEPs to the Contract Administrator. The requirements
for the submittals are set forth below:
1) The EEP(s) shall pertain only to portions of McDowell Mountain Regional specific to the
Concessionaire.
2) Construction. The first EEP shall be submitted prior to any work or construction at the site and
shall describe emergency evacuation procedures from the date that Complex construction starts
through the issuance of the final Certificate of Occupancy. The EEP for this timeframe shall,
at a minimum, set forth evacuation procedures and accessible routes for all personnel on-site
during construction as well as a procedure for notifying personnel of a change in the evacuation
plan/route due to construction materials or equipment staging.
3) Occupancy. The second EEP shall be submitted prior to the issuance of a Certificate of
Occupancy and shall describe the emergency evacuation procedures for the Complex that will
become effective on the date the Opening Date of the SWCC Facility. The EEP shall, at a
minimum, set forth evacuation procedures and routes for all persons on site during normal daily
operations, although the EEP may provide for personnel on site until all animals can be
evacuated.
C. Each EEP requires the approval of the County. MCPRD will coordinate County approval of the
EEP.
D. The Concessionaire shall train all contractors, vendors, employees, and regular volunteers of the
Complex regarding the details of the EEP within fourteen (14) calendar days of their first day of
employment, volunteering or working at the Complex. Volunteers may volunteer at the Complex
twice without needing training on the EEP, but regular volunteers must receive training prior to
volunteering a third time at the Complex.
E. The Concessionaire shall update the point-of-contact list as changes occur and shall provide a copy
of the list within seven (7) calendar days of contact change to the Contract Administrator.
{00478722.3 }
Southwest Wildlife Conservation Center UMA Final
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Exhibit 10 - MCPRD Organizational Chart
Organizational Flow Chart
RJ Cardin, Director
602‐506‐9500
rjcardin@maricopa.gov
Contract Administration
Emily Miller
Contract Administrator
602‐506‐9511
emily.miller@maricopa.gov
Operations and Facility Management
Jennifer Waller
Operations Manager
602‐506‐9500
jenniferwaller@mail.maricopa.gov
McDowell Mountain Reginal Park
Teresa Rettenbush
Eastside Regional Superintendent
480-888-8353 cell
Teresa.Retterbush@Maricopa.Gov
McDowell Mountain Regional Park
Ossana Wolff
Park Supervisor
602‐506‐2930 ext. 3
ossanawolff@maricopa.gov
{00478722.3 }
Southwest Wildlife Conservation Center UMA Final
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Exhibit 11 – 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 permittee 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.
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.
{00478722.3 }
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Exhibit 11 – Park Rules
(Continued)
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.
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.
{00478722.3 }
Southwest Wildlife Conservation Center UMA Final
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Exhibit 11 – Park Rules
(Continued)
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.