MCSO DBACKS STADIUM LAW ENFORCEMENT AGREEMENT.FINAL (1-7-19 DB CLEAN).PDF

Agreement for Law Enforcement Service
Between
Maricopa County
on behalf of the Sheriff’s Office
and
AZPB Limited Partnership, A Delaware limited partnership, and
AZPB FM Limited Partnership, A Delaware limited partnership
C-50-19-046-3-00
January 2019

Agreement for Law Enforcement Service
at Chase Field
between Maricopa County, on behalf of the Maricopa County Sheriff’s Office, and
AZPB Limited Partnership, A Delaware limited partnership and
AZPB FM Limited Partnership, A Delaware limited partnership
This Agreement (“Agreement”), effective May 10, 2018 (“Effective Date”)is entered into this 16th of
January 2019 between Maricopa County, a political subdivision of the State of Arizona, on behalf of the
Maricopa County Sheriff’s Office (“MCSO”) and AZPB Limited Partnership, A Delaware limited
partnership (“AZPB”) and AZPB FM Limited Partnership, a Delaware limited partnership (“AZPB FM”),
together the “Parties” and individually, the “Party.”
Whereas, AZPB and AZPB FM operate a Major League Baseball stadium and related grounds in
downtown Phoenix known as Chase Field (the “Ballpark”), that is constructed on non-incorporated,
County land; and
Whereas, AZPB and AZPB FM host Major League Baseball games other revenue and non-revenue-
generating events that are attended by large crowds and that, for public safety reasons, are best served
by the level of security and related services provided by sworn law enforcement officers; and
Whereas, MCSO has provided contract law enforcement at the Ballpark since it opened in 1998,
pursuant to that certain Law Enforcement Services Agreements between Maricopa County, on behalf of
the Sheriff’s Office, and the Maricopa County Stadium District (“MCSD”) (such agreements are referred
to herein as the “IGAs”); and
Whereas, pursuant to that certain Memorandum of Understanding between MCSD and AZPB, effective
May 10, 2018, AZPB (and its’ related entities, including AZPB FM) has sole control and responsibility for
the operation and maintenance of the Ballpark, including providing security that includes contracting for
law enforcement services for events at the Ballpark; and
Whereas, MCSO desires to continue to provide law enforcement services at the Ballpark;
NOW, THEREFORE, the Parties agree as follows:
I. GENERAL PROVISIONS
1. Definitions
As used throughout this Agreement, the following terms shall have the meanings set forth:
Agreement means this document including referenced Exhibits attached hereto.
AZPB means the Arizona Diamondbacks Major League Baseball team (which may also be referred
to herein as the “Team”), which plays its exhibition, regular season and post-season home games
at the Ballpark.
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AZPB FM means Facility Manager for the Ballpark.
Ballpark means the facility, currently named Chase Field, and its immediate grounds with
approximate boundaries of 7th Street, Jefferson Street, 4th Street and Buchanan Street. This includes the
Chase Field Parking Garage south of the Ballpark, including any permitted and agreed upon extensions
into adjacent/surrounding streets for special events. County means Maricopa County, a political
subdivision of the State of Arizona.
Event means a scheduled activity at the Ballpark.
Event Coordinator means the MCSO employee with rank of Sworn Lieutenant or above that
coordinates and commands law enforcement service for Events.
Event Law Enforcement Services or “Services” means services provided by MCSO pursuant to this
Agreement, in connection with Events at the Ballpark.
MCSO means the Maricopa County Sheriff’s Office and those functions, activities and facilities for
which it has responsibility.
2. Legal Notices
Legal notice under this Agreement shall be given by e-mail (with proof of delivery), by personal
delivery, or by registered or certified mail to the addresses set forth below, and shall be effective upon
receipt by the party to whom addressed unless otherwise indicated in said notice:
AZPB Limited Partnership
Maricopa County Manager Chase Field
301 W. Jefferson, 10th Floor 401 East Jefferson
Phoenix, Arizona 85003 Phoenix, Arizona 85004
Attn: Joy Rich Attn: Russ Amaral
E-mail: CountyManagersOffice@mail.maricopa.gov E-mail: ramaral@dbacks.com
AZPB FM Limited Partnership
Maricopa County Sheriff Chase Field
550 West Jackson 401 East Jefferson
Phoenix, Arizona 85003 Phoenix, Arizona 85004
Attn: Paul Penzone Attn: Dave Ellis
E-mail: p_penzone@mcso.maricopa.gov E-mail: dellis@dbacks.com
Maricopa County Attorney's Office AZPB Limited Partnership
Division of County Counsel Attn: Nona M. Lee
222 N. Central, Suite 1100 401 E. Jefferson Street
Phoenix, Arizona 85004 Phoenix, Arizona 85004
Attention: Civil Division Chief E-mail: nlee@dbacks.com
E-mail: Liddyt@mcao.maricopa.gov
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3. Term of Agreement
This Agreement is effective retroactive to May 10, 2018 through December 31, 2019 unless terminated
earlier per Section 8 of this Agreement (“Term”). This Agreement supersedes the IGAs with MCSD, which
shall be of no further force and effect.
4. Automatic renewal
This Agreement will have one (1) automatic renewal for the period from January 1, 2020 through
December 31, 2020 (“Renewal Term”), with all terms, except costs, remaining in full force and effect until
renegotiated or terminated. If notice of intent to terminate has not been given any of the Parties by
November 15, 2019, this Agreement shall automatically renew for the Renewal Term.
5. Cost Updates
MCSO will notify AZPB and AZPB FM of the updated cost for the Services effective January 1, 2020, by
sending an updated Exhibit A to AZPB and AZPB FM by no later than October 15, 2019.
6. Amendments
This document contains the entire Agreement of the parties and cannot be changed orally. Any changes
or modifications of this Agreement, including any decrease or expansion of the Services, personnel type
used, space, equipment and hourly rates must be in the form of a written amendment to this Agreement
signed by all Parties.
7. No Other Agreements
AZPB and AZPB FM may not contract with individual MCSO employees to provide off-duty security at any
Events. Supplemental payment by AZPB and AZPB FM to individual MCSO employees for law enforcement-
related work at the Ballpark outside of this Agreement is not permitted.
8. Subcontractors
With AZPB and AZPB FM’s prior approval only, MCSO may subcontract with other law enforcement
agencies for sworn personnel to staff Events, at the same rates for MCSO personnel as set forth herein.
Such staff shall be under MCSO direction and under the authority of the MCSO Event Coordinator. Only
sworn officers whose home agency has entered into an agreement with Maricopa County assuring
workers’ compensation and other coverages for its employee would be used.
9. Termination
In the event of breach of any of the provisions of this Agreement, either Party may terminate this
Agreement for cause by serving written notice to the other Party specifically setting forth the nature of
the breach. If said breach has not been resolved within thirty (30) days of receipt of notice, then this
Agreement shall be deemed terminated and both Parties shall perform their respective obligations up to
the date of such termination and shall have no further obligations thereafter.
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Notwithstanding the foregoing paragraph, either Party shall have the right, upon thirty (30) days written
notice to the other Party, to terminate this Agreement without cause.
10. Insurance
The County agrees to secure and maintain insurance coverage for any and all risks that may arise out of
the terms, obligations, operations, and actions as set forth in this Agreement, including but not limited to
public entity insurance. The acquisition of insurance or the maintenance and operation of a self-insured
program may fulfill this insurance requirement; provided, however, that the unencumbered reserves
available under any such self-insurance program shall be equal to or greater than the required minimum
coverage amounts set forth below. The County shall provide certificates of insurance or self-insurance
evidencing the coverages required below.
A. General:
1. AZPB Additional Insureds: The County’s insurance coverage and self-insured retention
or deductible portions, except workers’ compensation insurance, shall name for claims arising out of the
performance of the Law Enforcement Services under this Agreement, AZPB, AZPB FM, AZPB REM limited
partnership, Arizona Diamondbacks Events and Entertainment, and the Arizona Diamondbacks
Foundation, and their respective agents, representatives, officers, directors, officials and employees
(collectively, the “AZPB Entities”), as Additional Insureds as specified under the respective coverage
sections of this Agreement.
2. Coverage Term: All insurance required herein shall be occurrence based, and shall be
maintained in full force and effect during the Term and Renewal Term, subject to any earlier termination
rights herein.
3. Primary/Non-Contributory Insurance: County’s insurance shall apply on a primary and
non-contributory basis with respect to performance of the Law Enforcement Services under this
Agreement, irrespective of any other insurance maintained by the AZPB Entities whether collectible or
not.
4. Policy Deductibles and or Self-Insured Retentions: The policies set forth in these
requirements may provide coverage that contains deductibles or self-insured retention amounts. The
County shall be solely responsible for any such deductible or self-insured retention amount. The existence
of any self-insurance (regardless of whether County has an insurance policy) shall not relieve County or
its carrier of the obligation to indemnify and defend the AZPB Entities as set forth in Section 11 from the
inception of any claim or action triggering such indemnity and defense obligations. In addition to the
County’s obligations above, in the event the County has any self-insurance exposure, it shall have the
same obligations that any open market insurance carrier would have.
B. Required Insurance Coverage:
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1. Public Entity Law Enforcement Professional Liability: County shall maintain public entity
law enforcement professional liability coverage for bodily injury and property damage with an unimpaired
limit of not less than $10,000,000 for each occurrence; no aggregate limit. The policy shall cover liability
arising from premises/operations and personal injury due to actions or performance of the Event Law
Enforcement Services, including any claims arising from or in connection with any alleged violations of
constitutional rights.
2. Automobile Liability: The County shall maintain Business Automobile Liability insurance
with a limit of $5,000,000 combined single limit each occurrence on County’s owned, hired and non-
owned automobiles assigned to or used in the performance of the Event Law Enforcement Services under
this Agreement.
3. Workers’ Compensation Insurance: County shall maintain Workers’ Compensation
insurance to cover obligations imposed by federal and state statutes having jurisdiction of County’s
employees engaged in the performance of Event Law Enforcement Services under this Agreement.
4. Employer’s Liability Insurance of $2,000,000 for each accident, $2,000,000 disease
foreach employee and $2,000,000 disease-policy limit.
5. Commercial General Liability Insurance. County shall maintain an occurrence based
Commercial General Liability Insurance Policy, providing coverage for bodily injury and property damage
and personal and advertising injury, including contractual liability and products/completed operations
liability coverage with minimum limits of $10,000,000 each occurrence, and $10,000,000 general
aggregate.
C. Cancellation, Material Changes and Expiration Notice: Insurance required herein shall not
expire, be canceled, or materially changed without thirty (30) days’ prior written notice to AZPB and AZPB
FM.
D. Other Terms/Conditions. The required coverage limits may be satisfied through a
combination of primary and umbrella policies. All insurance policies must be issued by an admitted
insurance carrier with an A.M. Best rating of A-VII or better. All liability insurance policies must provide
Cross Liability coverage (separation of insureds or severability of interest provisions). The Commercial
General Liability policy shall include no exclusions or limitations for (1) third-party-over actions, (2) claims
related to the use of firearms, weaponry or other security equipment (mace, tasers, etc.), or (3) terrorism.
All policies shall be endorsed to provide a waiver of subrogation in favor of the AZPB Entities. The
insurance requirements set forth will in no way modify, reduce, or limit the indemnification herein made
by County. Receipt of a certificate of insurance, endorsement or policy of insurance which is more
restrictive than the contracted for insurance shall not be construed as a waiver or modification of the
insurance requirements above or an implied agreement to modify same, nor is any verbal agreement to
modify same permissible or binding.
11. Indemnification
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The AZPB Entities shall not indemnify, defend or hold harmless the County, but the County shall defend,
indemnify, and hold harmless the AZPB Entities, for any suits, actions, legal or administrative proceedings,
claims, demands or damages of any kind or nature brought against the AZPB Entities (or any of them) as
a result of any act or omission of MCSO or any of its employees, agents or subcontractors in connection
with their activities, or while performing Event Law Enforcement Services pursuant to this Agreement.
The County shall pay, on behalf of the AZPB Entities (or any of them), all judgments, fines, penalties,
interest on judgments, fines and penalties, or costs including attorney’s fees, court costs, expert witness
fees and discovery costs associated with a claim brought hereunder. The indemnity under this Agreement
shall commence as of the Effective Date of this Agreement and shall continue in full force and effect with
respect to any and all actions, legal or administrative proceedings, claims, demands or damages of any
kind or nature arising out of or relating to this Agreement.
12. Construction of Agreement
The Parties agree that all of the provisions set forth herein are material to this Agreement, and a breach
of any provision is a breach of the Agreement.
Each article to this Agreement stands alone. Should an article or paragraph be found to be prohibited by
law, such finding shall not render the remaining portions of this Agreement invalid or inoperative.
The failure of either Party to insist in any one or more instances upon the full and complete performance
of any of the terms and provisions of this Agreement to be performed on the part of the other, or to take
any action permitted as a result thereof, shall not be construed as a waiver or relinquishment of the right
to insist upon full and complete performance of the same or any other covenant or condition either in the
past or in the future. The acceptance by either Party of sums less than may be due and owing at any time
shall not be construed as an accord and satisfaction.
This Agreement shall be interpreted in accordance with Arizona law. The venue for any dispute hereunder
shall be a court of competent jurisdiction in Phoenix, Arizona.
This Agreement is subject to the provisions of A.R.S. §38-511 (cancellation for conflict of interest).
13. Employee and Organizational Disclaimer
This Agreement is not intended to and will not constitute, create, give rise to or otherwise recognize a
joint venture, partnership or formal business association or organization of any kind between the Parties,
and the rights and the obligations of the Parties shall be only those expressly set forth in this Agreement.
Each Party agrees that no person supplied by it in the performance of its obligations under this Agreement
is the other Party's employee, and that no rights under its civil service, retirement or personnel rules
accrue to any person supplied by the other Party. Each Party shall have total responsibility for all salaries,
wages, bonuses, retirement, withholding, workers’ compensation, occupational disease compensation,
unemployment compensation, other employee benefits and all taxes and premiums appurtenant thereto
concerning such persons used by it in its performance of this Agreement; and each Party shall save and
hold the other Party harmless with respect thereto. The Parties understand and agree that should any
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MCSO personnel sustain an injury in the performance of the Services hereunder, MCSO personnel shall
file any claim for compensation with the County's worker's compensation carrier.
14. Non-assignability
This Agreement and the rights, duties and obligations set forth herein are only assignable by a written
amendment signed by both Parties. The foregoing notwithstanding, AZPB FM may assign this Agreement
to a successor facility manager without MCSO’s prior consent.
15. Israel Boycott
By signing this Agreement, the Parties certify that they are in compliance with Article 9, A.R.S. § 35-393
et seq.
II. SERVICES
1. Service Provision
A. MCSO shall provide the Services at the Ballpark as coordinated by AZPB and/or AZPB
Limited Partnership.
B. AZPB FM, in consultation with MCSO shall determine the staffing levels necessary to
maintain public safety for each non-baseball Event, and will establish with MCSO procedures to
implement this Agreement.
C. Minimum service for any baseball game Event includes an Event
Coordinator/Commander with the rank of Sworn Lieutenant or above, one law enforcement supervisor
for every six (6) deputy sheriffs assigned to the Event, one (1) deputy sheriff plus K-9, and communications
service.
D. MCSO shall, at its cost, provide the assigned MCSO personnel with standard equipment
and supplies (includes radios, body cameras, lethal and non-lethal weapons, body armor, etc.) necessary
to perform the Services under this Agreement. Such items will be used in accordance with the law and
MCSO policy (the latter of which requires MCSO personnel to activate body cameras when responding to
calls for service; such cameras will not be turned on at any other time). Additional time worked after an
Event to download data and administer law enforcement reports associated with the activation or use of
such items will be an MCSO responsibility and will not be charged to AZPB or AZPB FM.
E. As determined by the MCSO in conjunction with AZPB FM, Service will include detention
officers for booking and transport, mounted patrol, explosive ordnance detection, and the use of special
unit personnel, such as SWAT on a case-by-case basis.
2. Responsibility for Performance Standards
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A. AZPB has the right to bring any concerns about MCSO Personnel to the MCSO Executive
Chief of Enforcement for consideration, and to request that MCSO Personnel who are negligent in the
performance of their duties or about whom it may have other concerns not be assigned to provide
Services hereunder. The Maricopa County Sheriff is solely responsible for the provision of Services,
discipline of employees and other matters incidental to the provision of services under this Agreement.
In the event of dispute between the Parties as to the extent of duties and functions to be rendered
hereunder, or the manner of performance of such service, the determination made by the Maricopa
County Sheriff shall be final and conclusive.
B. Parties will meet at least once during each Agreement term to discuss any MCSO office-
wide changes that impact the Service, and any other items that are mutually beneficial, including
resources required to perform Service at requested and safe levels. Discussion will also include
technology infrastructure, equipment needs and any other requests to be funded through the Ballpark
Reserve Account, to the extent determined by AZPB in its sole and absolute discretion.
3. Reports
MCSO will furnish to AZPB and AZPB FM, Incident Report information during and following Events.
4. Space and Facilities
A. Subject to availability, AZPB and AZPB FM will provide six (6) secured parking spaces
onsite for MCSO specialized vehicles used in law enforcement, which includes the K-9 vehicle. In situations
where there is limited availability because of the type of Event, to the extent possible, AZPB and AZBP FM
will provide not less than two (2) secured parking spaces on site for MCSO.
B. For Events, AZPB FM will designate a space for MCSO in the control room and booking
room, and at least two (2) seats at the unified command post that includes communications. MCSO will
be responsible for equipping the space and for removing its equipment at its own cost when this
Agreement is terminated.
III. COST and PAYMENT
1. Personnel
A. Personnel costs will be charged on a per-hour basis to the nearest quarter of an hour.
Rates that are effective December 1, 2018 are set forth in Exhibit A to this agreement.
1. The Event Coordinator’s time will include all time spent planning and preparing
for an Event. Because the Event Coordinator is exempt from overtime, charges
will not exceed 40 hours worked in any given week unless the Event Coordinator
also works a holiday.
2. A minimum of four (4) hours will be charged for each member of MCSO personnel
assigned to each Event regardless of whether the MCSO personnel are dismissed
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after less than four (4) hours of work. The foregoing notwithstanding, this
minimum shall not apply in the event MCSO personnel is dismissed after less than
four (4) hours of work due to: A) MCSO’s scheduling error, or B) if AZPB or AZPB
FM has requested to the Events Coordinator that an individual be ordered off
premise for failing to take corrective action for negligence or intentional
misconduct in the performance of their duties, or C) at any time, without charge,
for any MCSO personnel has engaged in conduct that would bring disrepute on
AZPB and/or AZPB FM.
3. The charge per hour for Events held on County-designated holidays will be double
time. County-designated holidays include: New Year’s Day, Civil Rights Day,
Presidents Day, Memorial Day; 4th of July; Labor Day, Veterans Day,
Thanksgiving Day, Day after Thanksgiving Day and Christmas Day.
4. An administrative services charge of 3% will be assessed to personnel costs for
each event. This charge will be applied to the monthly invoice issued by the
Sheriff’s Office. This charge will be reduced to an equalizing rate of 2.25% for
holiday events where personnel costs are significantly higher and administrative
effort is unchanged. The cost to administer this contract is not limited to Law
Enforcement personnel. This rate considers time and effort from the following
components: administrative support for the MCSO Events Coordinator; MCSO
Business Services, MCSO Finance and MCSO Budget; MCSO Payroll; MCSO
Executive Command; and County Attorney and Risk Management.
5. Charges for services outlined in this Agreement are effective December 1, 2018.
Equipment and Resources
In large Event circumstances, resources and equipment that include but are not limited to extra
K-9’s, horses (mounted); quads, explosive ordnance detection, SWAT, the Bomb Squad Command Post;
and prisoner transport will be preplanned in consultation with the Parties and charged on a per Event
basis.
3. Payment
AZPB and AZPB FM agree to pay to Maricopa County the rates set forth in the attached Exhibits
for Services performed by the MCSO under this Agreement.
A. Except as otherwise provided, the County, through MCSO’s Budget and
Finance Bureau, will invoice the AZPB and AZPB FM monthly for all amounts owing from
the previous month.
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1. Invoices will include the date and name of each event and the cost by category:
Personnel; Equipment and Resources.; and monthly networking connection fees.
2. Invoices will be sent via e-mail to the designated representative at dbacks.com.
3. Payment is due within thirty (30) days of invoice receipt.
[Signatures follow on next page.]
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Agreement for Law Enforcement Service
IN WITNESS WHEREOF, the parties enter into this Agreement to be effective May 1, 2018
TEAM
AZPB LIMITED PARTNERSHIP, MARICOPA COUNTY
A Delaware limited partnership Board of Supervisors
By: ______________________________ BY: _____________________________
Derrick M. Hall Chairman
Its: President and CEO
Date: ___________________________ Date: ____________________________
FACILITY MANAGER ATTEST:
AZPB FM LIMITED PARTNERSHIP
A Delaware limited partnership ________________________________
Clerk of the Board Date
By: ______________________________
Derrick M. Hall
Its: President and CEO MARICOPA COUNTY SHERIFF’S
OFFICE
_________________________________
SHERIFF (or designee) Date
The undersigned attorneys acknowledge that (i) they have reviewed the above Agreement on
behalf of their respective clients and as to their respective clients only, each attorney has determined that
this Agreement is in proper form and that execution hereof is within the powers and authority granted
under the laws of the State of Arizona.
Counsel to AZPB and AZPB FM Maricopa County Attorney’s Office
_______________________________ ___________________________________
Counsel Deputy County Attorney
_______________________________ ____________________________________
Date Date
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Exhibit A
Law Enforcement Service
Personnel, Equipment and Resource Charges
December 1, 2018 to December 31, 2019
Personnel Charges
Position Hourly Holiday
Events Coordinator Lieutenant $ 81.95 $ 163.90
Events Coordinator Captain $ 101.35 $ 202.70
Supervisor/SGT. $ 99.75 $ 132.99
Deputy Sheriff $ 79.09 $ 105.45
Detention Officer $ 44.08 $ 58.76
PER Event Per Holiday Event
Communications Service $225.00 $350
Administrative Services 3% of Personnel Costs 2.25% of Personnel Costs
Equipment and Resource Charges Per Event
Item Cost Per Scheduled Event
K-9 $ 150 Per K-9, Per Event
Mounted $ 150 Per Mount As Planned and/or Required
Polaris Ranger $ 25 As Planned and/or Required
Prisoner Transport $ 150 As Planned and/or Required
Bomb Command Post $ 150 As Planned and/or Required
SWAT Armored Vehicle $ 150 As Planned and/or Required
TBD $ 150 As Planned and/or Required
Stand By Command Center $ 500 As Planned and/or Required
Monthly Century Link Fee for Ethernet Circuit Cost Reimbursement $385
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