C18-0873_FULLY EXECUTED_IGA BETWEEN CITY OF GLENDALE AND MARICOPA COUNTY.PDF

C18-0873
(5 0-\0- 015-300
INTERGOVERNMENTAL AGREEMENT
BETWEEN
CITY OF GLENDALE AND MARICOPA COUNTY
THIS INTERGOVERNMENTAL AGREEMENT (this “Agreement”) is entered into pursuant to
Arizona Revised Statutes (“A.R.S.”) § 11-952 by the City of Glendale (“Glendale”) and Maricopa County
(“Maricopa County”), collectively known herein as the “parties.”
RECITALS
A. The University of Phoenix Stadium in Glendale (the “Stadium”) is located within Glendale’s corporate
limits and Glendale has jurisdictional authority over and public safety interests in the operation of the
Stadium; and
B. The City of Glendale has the need for qualified personnel to provide law enforcement, security and
traffic management services at the Stadium; and
D. The parties desire to participate in providing law enforcement security, and traffic management services
to the City of Glendale, relating to the Stadium, by making available Maricopa County Sheriff's Office
(“MCSO”) and Glendale Police Department (“GPD”) officers in accordance with the terms set forth
herein.
E. The parties desire to enter into this Agreement to cooperatively provide the necessary law enforcement,
security services and traffic management services, while acknowledging Glendale’s primary
responsibility for law enforcement at the Stadium.
AGREEMENT
Therefore, in consideration of the foregoing recitals, the covenants, promises, terms and conditions
set forth herein, and other good and valuable consideration, the receipt and adequacy of which is hereby
acknowledged, the parties hereby agree as follows:
1. Purpose and Intent. The purpose of this Agreement is to provide the means through which the
parties intend to provide professional law enforcement, security, and traffic management services at
the Stadium by maximizing cooperation, by integrating the MCSO and GPD assets, and by addressing
issues including, command, control, personnel, planning, and training.
2. Supervision and Staffing.
2.1 Maricopa County acknowledges that command and control for all events worked for pursuant
to this Agreement (individually “Event” and collectively “Events”) shall be the duty and
responsibility of GPD.
2.2 In carrying out this responsibility, GPD will in good faith assign officers to work Events in
accordance with the procedures adopted in consultation with the Chiefs of Police for all the
member agencies providing officers to Events.
2.3 Maricopa County agrees and understands that entities other than Glendale and the GPD may
have input into the decisions regarding whether, and to what extent, law enforcement will
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provide service for Events; however, Glendale will provide information regarding staffing
decisions to Maricopa County as soon as it becomes available.
Assigned Personnel
3.1 Maricopa County shall have the discretion to determine which and how many of its officers
will be allowed to apply for assignments at Events and how many officers will be assigned to
the Events (hereinafter referred to as “Assigned Officers”).
a. All Assigned Officers will be required to enter into temporary employment contracts
with Glendale.
b. The contract will outline the mutual responsibilities of the Assigned Officer and
Glendale and will specify that the Assigned Officers are “at will” temporary
employees of Glendale and that either party can terminate the contract, with or
without cause at any time and without notice.
c. If possible, Glendale will consult with Maricopa County prior to terminating any
Assigned Officer.
3.2 While working an Event, the Assigned Officers must wear uniforms approved by MCSO, and
the Assigned Officers may carry other equipment authorized by MCSO.
3.3 When working an Event, GPD will make available to Assigned Officers forms and other
supplies that are necessary to work the Event.
3.4 Upon termination of this Agreement and conclusion of any assignments, all personal property,
assets, equipment, and supplies used by the parties and Assigned Officers in performance of
their responsibilities shall remain with or be returned to the owner of such property.
3.5 Any inconsistency between GPD and MCSO niles or regulations and all operational disputes
will immediately be brought to the attention of the Glendale Police Chief and will be fully and
finally addressed and resolved by the Glendale Police Chief in accordance with his or her
determination of the best practices under the circumstances. The Glendale Police Chief may
delegate this responsibility to a specific command officer.
Compensation, Insurance and Reporting
4.1 The parties agree that during Events the Assigned Officers shall be temporary employees of
Glendale for compensation purposes and not independent contractors; provided however,
that each such Assigned Officer will at all times also be deemed an employee of MCSO and
nothing in this Agreement is intended to contradict or otherwise modify the provisions of
A.RS. § 23-1022 (D).
4.2 Each Assigned Officer who works an Event will be paid the negotiated hourly rate.
a. Assigned Officers’ compensation shall be subject to all applicable federal and state
taxes, which shall be deducted prior to payment, and which shall be evidenced by a
W-2 statement issued by Glendale to each Assigned Officer.
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b. Each officer’s home agency (primary employer) shall provide the workers’
compensation coverage in such amounts and under the same terms and conditions as
other sworn, full-time employees for all Assigned Officers.
C. Except for liability coverage, Assigned Officers are not entitled to any other employee
benefits or compensation from Glendale.
4.3 Glendale shall make available, upon request, to the MCSO information about the hours
worked by Assigned Officers not later than seven days following each Event to enable MCSO
to properly monitor and regulate the hours worked by all of their Assigned Officers.
4.4 Each party affirms that it has complied with the provisions of A.R.S. § 23-1022 (E) with
respect to activities addressed by the Agreement.
Indemnification
5.1 To the extent permitted by law, Glendale shall indemnify, defend, save and hold harmless
Maricopa County, its departments, agencies, boards, commissions, officers, officials, agents,
and employees (hereinafter referred to as “Indemnitee”) for, from and against any and all
claims, actions, liabilities, damages, losses, or expenses (including court costs, attorneys’ fees,
and costs of claim processing, investigation and litigation) (hereinafter referred to as “Claims”)
for bodily injury or personal injury (including death), or loss or damage to tangible or intangible
property caused, or alleged to be caused, in whole or in part, by the negligent acts or willful
misconduct of the Assigned Officers.
5.2 Glendale’s indemnity includes any Claim or amount due arising out of the failure of such
Indemnitee to conform to any federal, state or local law, statute, ordinance, rule, regulation or
court decree.
5.3 It is agreed that Glendale will be responsible for primary loss investigation, defense and
judgment costs where this indemnification is applicable and in consideration of the covenants
and promises set forth in this Agreement, Glendale agrees to waive all rights of subrogation
against Maricopa County, its officers, officials, agents and employees for losses arising from
the work performed by MCSO Assigned Officers under this Agreement.
Media Releases and Relations
6.1 Any release of information to the media, other than a public records release, regarding an
Event or any activities under this Agreement will be coordinated by Glendale in cooperation
with Maricopa County but, except as provided below, no unilateral media releases will be
distributed by Maricopa County without the prior approval of Glendale.
6.2 A copy of all public record and media releases regarding an Event or any activities under this
Agreement shall be forwarded to Glendale prior to release; provided however, if an incident
is primarily focused upon or concerned with the actions of MCSO Assigned Officer, MCSO
will be responsible for the release of information to the media relative to the incident.
6.3 The parties will not reveal any investigative information or operational procedures except as
required by law.
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Arizona POST certification
7.1 Relative to its Assigned Officers, Maricopa County agrees that it will be responsible to the
Arizona Peace Officer's Standards and Training Board (“POST”) for complying with all
requirements mandated by Arizona Administrative Code Regulation R13-4-101 ef seq.;
including but not limited to, Maricopa County’s responsibilities to POST for the hiring, fitness
for duty, record-keeping, training, and testing requirements imposed upon law enforcement
agencies employing police officers in Arizona.
7.2 Glendale and Maricopa County agree to cooperate to ensure any issues that arise relative to
POST certification are resolved in a reasonable and efficient manner.
Execution, Duration and Renewal
8.1 This Agreement will be effective immediately upon the approval of both parties’ governing
bodies and shall remain in full force and effect until June 30, 2021.
8.2 This Agreement may be executed in counterparts.
8.3 This Agreement may be renewed for successive additional three (3) year periods upon mutual
consent of the parties.
General Provisions
9.1 Entire Agreement. This Agreement embodies the entire understanding of the parties and
supersedes any other agreement or understanding between the parties relating to the subject
matter of this Agreement.
9.2 Severability. The provisions of this Agreement are severable to the extent that any provision
or application held to be invalid by a court of competent jurisdiction shall not affect any other
provision or application of the Agreement which may remain in effect without the invalid
provision or application.
9.3 Governing Law. This Agreement shall be governed by and construed in accordance with the
laws of the State of Arizona.
9.4 Conflict of Interest. This Agreement may be canceled by any of the parties pursuant to the
provisions of A.R.S. § 38-511.
9.5 Termination. Maricopa County may, at any time, terminate this Agreement by giving Glendale
not less than sixty (60) days prior written notice. Glendale may at any time terminate this
Agreement by giving Maricopa County not less than sixty (60) days prior written notice.
9.6 Dispute Resolution. In the event of any dispute regarding the terms or the interpretation of
this Agreement the parties command staff will consult with each other in an effort to settle
the dispute, in good faith. If the parties are unable to settle the dispute, either party may
terminate this agreement.
9.7 Waiver. The waiver of any breach of this Agreement shall not be deemed to amend this
Agreement and shall not constitute a waiver of any other subsequent breach.
9.8 Headings. Headings of this Agreement are for convenience only and shall not affect the
interpretation of this Agreement.
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9.9 Further Acts. Each party shall execute and deliver all such documents and perform all such
acts as reasonably necessary, from time to time, to carry out the matters contemplated by this
Agreement.
10. E-Verify
10.1 The parties acknowledge that immigration laws require them to register and participate with
the E-Verify program (employment verification program administered by the United States
Department of Homeland Security and the Social Security Administration or any successor
program) as they both employ one or more employees in this state.
10.2 The parties warrant that they have registered with and participate with E-Verify.
10.3 If either party later determines that the other non-compliant party has not complied with E-
Verify, it will notify the non-compliant party by certified mail of the determination and of the
right to appeal the determination. The parties retain the legal right to inspect the papers of
any employee who works pursuant to this agreement or any related subcontract to ensure
compliance with the warranty given above. Either party may conduct a random verification
of the employment records of the other party to ensure compliance with this warranty.
10.4 Failure to comply shall be deemed a material breach of the Agreement that is subject to
penalties up to and including termination of the Agreement.
11. Non- Discrimination
The parties must not discriminate against any employee or applicant for employment on the
basis race, color, religion, sex, national origin, age, marital status, sexual orientation, gender
identity or expression, genetic characteristics, familial status, U.S. military veteran status or any
disability.
No Boycott of Israel
The Parties agree that they are not currently engaged in, and agree that for the duration of the
Agreement they will not engage in, a boycott of Israel, as that term is defined in A.R.S. § 35-
393.
[SIGNATURES APPEAR ON THE FOLLOWING PAGES]
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CITY OF GLENDALE
Kb
Kevin Phelps
City Manager
Vil
5	1	4	1	1	2	771	732	372	263	0.000000	LAA
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5	1	5	1	1	1	333	926	129	63	65.346695	JulieK.
5	1	5	1	1	2	477	949	113	30	82.303726	Bower
5	1	5	1	1	3	591	926	88	65	61.532326	Lity
5	1	5	1	1	4	692	949	90	31	87.955261	Clerk
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5	1	8	1	1	1	867	1065	359	31	96.031296	CERTIFICATION
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5	1	9	1	1	3	589	1182	317	41	92.115601	Intergovernmental
5	1	9	1	1	4	914	1183	189	40	96.483467	Agreement
5	1	9	1	1	5	1112	1182	142	31	96.673538	between
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5	1	9	1	1	7	1344	1182	38	31	96.896378	of
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5	1	9	1	1	10	1622	1183	158	42	96.454880	Maricopa
5	1	9	1	1	11	1792	1184	124	41	96.696045	County
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5	1	11	1	2	3	605	1589	67	42	96.551956	City
5	1	11	1	2	4	682	1590	154	42	96.398376	Attorney
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BY:
STEVE CHUCRI
NAME:
CHAIRMAN BOARD OF SUPERVISORS
TITLE.
DATE: JUL 11 208
ATIEST:
JUL 11 2018
CLERK OF THE BOARD ‘ahve
CERTIFICATION BY LEGAL COUNSEL
The foregoing Intergovernmental Agreement between City of Glendale and Maricopa County is in proper form
and is within the powers and authority of Maricopa County granted under the laws of the State of Arizona.
APPROVED/AS TO FORM AND AUTHORITY:
Lh
DEPUTY COUNTY ATTORNEY
(Collen Vay, a
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