GLENDALE CARDINALS IGA FINAL.PDF

DPS Contract No: 2016-211
INTERGOVERNMENTAL AGREEMENT
BETWEEN
ARIZONA DEPARTMENT OF PUBLIC SAFETY
AND
MARICOPA COUNTY BY AND THROUGH THE
MARICOPA COUNTY SHERIFF’S OFFICE
This intergovernmental agreement (this “Agreement”) is entered into pursuant to Arizona
Revised Statutes (“A.R.S.”) § 11-952 by the Arizona Department of Public Safety and Maricopa
County by and through the Maricopa County Sheriff’s Office, collectively known herein as the
“parties”.
RECITALS
A. The University of Phoenix Stadium in Glendale (the “Stadium”) is governed by A.R.S. § 5-801 et
al, and operates under the authority of the Arizona Sports and Tourism Authority, the owner of
the Stadium; and
B. The Arizona Sports and Tourism Authority delegated its authority for the operation and
maintenance of the Stadium to Stadium Management Group, (“SMG”) both of whom has an
interest in ensuring the safety and security of those attending events at the Stadium by ensuring
proper traffic control and a visible law enforcement presence during certain scheduled events at
the Stadium; and
C. SMG has the need for qualified personnel to provide law enforcement and other personnel
services at the Stadium; and
D. The DPS has entered into an agreement with SMG pursuant to A.R.S. §41-1713(B)(3), to provide
law enforcement services at the Stadium; and
E. Maricopa County Sheriff’s Office desires to assist DPS in providing law enforcement security
services to SMG for the Stadium by making available Maricopa County Sheriff’s deputies in
accordance with the terms set forth herein.
F. The parties desire to enter into this Agreement to cooperatively provide the necessary law
enforcement and security services.
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:
Page 1 of 8

DPS Contract No: 2016-211
1. Purpose and Intent - The purpose of this Agreement is to provide the means through which the
parties intend to provide professional law enforcement and security services to SMG by
maximizing cooperation, by integrating the Maricopa Sheriff’s Office and DPS assets, and by
addressing issues including, command, control, personnel, planning and training.
2. Supervision and Staffing
2.1 Maricopa County Sheriff’s Office acknowledges that command and control for all events
worked for SMG pursuant to this Agreement (individually “Event” and collectively
“Events”) shall be the duty and responsibility of DPS.
2.2 In carrying out this responsibility, DPS will in good faith assign officers to work Events
in accordance with the procedures adopted in consultation with the Chiefs of Police for
all of the member agencies providing officers to Events.
2.3 Maricopa County Sheriff’s Office Agrees and understands that entities other than the
State of Arizona and the DPS have input into the decisions regarding whether, and to
what extent, law enforcement will provide service for Events; however, DPS will provide
information regarding staffing decisions to Maricopa County Sheriff’s Office as soon as
it becomes available.
3. Assigned Personnel
3.1 Maricopa County Sheriff’s Office 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 the State of Arizona.
b. The contract will outline the mutual responsibilities of the Assigned Officer and DPS
and will specify that the Assigned Officers are “at will” temporary employees of DPS
and that either party can terminate the contract, with or without cause at any time and
without notice.
c. If possible, DPS will consult with Maricopa County Sheriff’s Office prior to
terminating any Assigned Officer.
3.2 While working an Event, the Assigned Officers must wear uniforms approved by DPS
and Maricopa County Sheriff’s Office and the Assigned Officers may carry other
equipment authorized by Maricopa County Sheriff’s Office.
3.3 When working an Event, DPS will make available to Assigned Officers forms and other
supplies that are necessary to work the Event.
Page 2 of 8

DPS Contract No: 2016-211
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 DPS and Maricopa County Sheriff’s Office rules or
regulations and all operational disputes will immediately be brought to the attention of
the Director of DPS and will be fully and finally addressed and resolved by the DPS
Director in accordance with his or her determination of the best practices under the
circumstances. The Director may delegate this responsibility to a specific command
officer.
4. Compensation, Insurance and Reporting
4.1 The parties agree that during Events the Assigned Officers shall be temporary employees
of DPS for compensation purposes and not independent contractors; provided however,
that each such Assigned Officer will at all times also be deemed an employee of
Maricopa County Sheriff’s Office and nothing in this Agreement is intended to contradict
or otherwise modify the provisions of A.R.S. § 23-1022 (D).
4.2 Each Assigned Officer who works an Event will be paid the specified hourly rate, laid out
in the temporary employment agreement.
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 DPS to each Assigned Officer.
b. Each officer’s home agency (primary employer) shall provide the workers’
compensation coverage for all Assigned Officers in such amounts and under the
same terms and conditions as other sworn, full-time employees.
c. Except for liability coverage, Assigned Officers are not entitled to any other
employee benefits or compensation from DPS.
4.3 DPS shall make available to the Maricopa County Sheriff’s office information about the
hours worked by Assigned Officers not later than seven days following each Event to
enable Maricopa County Sheriff’s Office 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.
Page 3 of 8

DPS Contract No: 2016-211
5. Indemnification
5.1 Each party (as "indemnitor") agrees to indemnity, defend, and hold harmless the other
party (as"indemnitee") from and against any and all claims, losses, liability, costs, or
expenses (including reasonable attorney's fees) (hereinafter collectively referred to as
"claims") arising out of bodily injury of any person (including death) or property damage,
but only to the extent that such claims which result in vicarious/derivative liability to the
indemnitee, are caused by the act, omission, negligence, misconduct, or other fault of the
indemnitor, its officers, agents, employees, or volunteers.
6. Agreement
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 DPS in cooperation
with Maricopa County Sheriff’s Office but, except as provided below, no unilateral
media releases will be distributed by Maricopa County Sheriff’s Office without the prior
approval of DPS.
6.2 A copy of all public record and media releases regarding an Event or any activities under
this Agreement shall be forwarded to DPS prior to release; provided however, if an
incident is primarily focused upon or concerned with the actions of Maricopa County
Sheriff’s Office Assigned Deputy, Maricopa County Sheriff’s Office 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.
7. Arizona POST Certification
7.1 Relative to its Assigned Officers, Maricopa County Sheriff’s Office agrees that it will be
responsible to the Arizona Peace Officers Standards and Training Board (“POST”) for
complying with all requirements mandated by Arizona Administrative Code Regulation
R13-4-101 et seq.; including but not limited to, Maricopa County Sheriff’s Office
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.
Page 4 of 8

DPS Contract No: 2016-211
7.2 DPS and Maricopa County Sheriff’s Office agree to cooperate to ensure any issues that
arise relative to POST certification are resolved in a reasonable and efficient manner.
8. 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, 2017.
8.2 This Agreement may be executed in counterparts.
8.3 This Agreement may be renewed for successive additional one (1) year periods for up to
(5) years upon mutual consent of the parties.
9. General Provisions
9.1 Entire Agreement. This Agreement embodies the entire understanding of the parties and
supersedes any other agreement of 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 of application held to be invalid by a court of competent jurisdiction shall not
affect any other provision of application of the Agreement which may remain in effect
without the invalid provision of 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 Sheriff’s Office may, at any time, terminate this
Agreement by giving DPS not less than sixty (60) days prior written notice. DPS may at
any time terminate this Agreement by giving Maricopa County Sheriff’s Office 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. In the event of a dispute under this IGA, the parties agree
to use arbitration to the extent required under A.R.S. §§ 12-1518 and 12-133.
Page 5 of 8

DPS Contract No: 2016-211
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 the convenience only and shall not affect
the interpretation of this Agreement.
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 noncompliant 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. Availability of Funds
Every payment obligation of DPS under this agreement is conditioned upon the availability of
funds appropriated or allocated for the payment of such obligation. If funds are not allocated and
available for the continuance of the agreement, the agreement may be terminated by DPS at the
end of the period for which funds are available. No liability shall accrue to DPS in the event this
provision is exercised, and DPS shall not be obligated or liable for any future payments or for any
damages as a result of termination under this paragraph.
Page 6 of 8

DPS Contract No: 2016-211
12. Non-Discrimination
The parties must not discriminate against any employee or applicant for employment on the basis
of 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.
{signatures appear on the following page}
Page 7 of 8

DPS Contract No: 2016-211
ARIZONA DEPARTMENT OF PUBLIC SAFETY MARICOPA COUNTY
_________________________________________ _______________________________________
Colonel Frank L. Milstead, Director Chairman
Maricopa County Board of Supervisors
________________________________ ________________________________
Date Date
ATTEST:
_______________________________________
Clerk of the Board
________________________________
Date
_______________________________________
Sheriff
Maricopa County Sheriff’s Office
________________________________
Date
CERTIFICATION BY LEGAL COUNSEL
The foregoing Intergovernmental Agreement between DPS and Maricopa County on behalf of
the Maricopa County Sheriff’s Office and is in proper form and is within the powers and
authority of the DPS granted under the laws of the State of Arizona.
APPROVED AS TO FORM AND AUTHORITY:
__________________________________ ___________________________________
State of Arizona Deputy County Attorney
________________________________ ________________________________
Date Date
Page 8 of 8