OLD GLENDALE CONTRACT.PDF

C-8031
05/08/2012
INTERGOVERNMENTAL AGREEMENT
BETWEEN
CITY OF GLENDALE AND THE COUNTY OF MARICOPA
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 the County of
Maricopa ("Maricopa. County"), collectively known herein as the "parties" and individually as a "party".
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. Global Spectrum Enterprises, L.L.C., an Arizona limited liability company ("Global Spectrum") is
managing the Stadium on behalf of the Arizona Sports and Tourism Authority (the "AZSTA"); and
C. Global Spectrum has the need for qualified personnel to provide law enforcement and security
services at the Stadium; and
D. The parties desire to participate in providing law enforcement and security services to Global
Spectrum for the Stadium by making available Marieopa County Sheriffs Office ("MCSO") and
Glendale Police Department ("GPD") officers in accordance with the terms set forth herein.
The parties desire to enter into this Agreement to cooperatively provide the necessary law
enforcement and security 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:
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 Global Spectrum 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 Global
Spectrum 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 or all of
the member agencies providing officers to events.
2.3 Maricopa County agrees and understands that entities other than Glendale and the GPI)
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.
3. 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 (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 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.
4. 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 shall also all times also be an employee of MCSO and
nothing in this Agreement is intended to contradict or otherwise modify the provisions of
A.R.S. § 23-1022 p.
4.2 Each Assigned Officer who works an event will be paid the negotiated hourly rate, less the
$5.00 per hour administrative fee that is paid by Global Spectrum directly to Glendale and
applied to the cost of providing worker's compensation insurance as set forth below.
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.
b. Glendale shall provide the workers' compensation coverage and liability coverage in
such amounts and under the same terms and conditions as other sworn, full-time
GPD employees.
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c. Except for worker's compensation and liability coverage, Assigned Officers are not
entitled to any other employee benefits or compensation from Glendale.
4.3 Glendale shall make available 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 The parties affirms that it has complied with the provisions of A.R.S. § 234022 (E) with
respect to activities addressed by the Agreement.
5. Indemnification
5.1 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 arising out of or recovered under the
Workers' Compensation Law or arising out of the failure of such Indemintee 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 tosses
arising from the work performed by Maricopa County's Assigned Officers under this
Agreement.
6. 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 carried out 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 carrying
out 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's Assigned
Officer, MCSO will be responsible for the release of information to the media relative to the
incident.
6,3 The patties will not: reveal any investigative information or operational procedures except as
required by law.
7. Arizona POST certification
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7.1 Relative to its Assigned Officers, Maticopa 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 et seq.;
including but not limited to, Difaricopa 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 atiy 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 as to Maricopa County immediately upon the approval and
execution by Glendale and Maricopa County and shall remain in full force and effect until
February 15, 2015.
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.
9. 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 Severabilitv. 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, claim, question, or disagreement arising
from or relating to this Agreement or the breach thereof; the parties hereto shall use their
best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall
consult and negotiate with each other in good faith and, recognizing their mutual interests,
attempt to reach a just and equitable solution satisfactory to both parties. In the event the
parties cannot settle the dispute, the GPD Chief of Police shall have the final authority to
decide the dispute, claim, question or disagreement.
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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.
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.
9.10 Nondiscrimination. No party shall illegally discriminate in either the provision of services,
or in employment, against any person because of sex, race, disability, national origin,
veteran's status, sexual preference or religion. Each party agrees to comply with all
applicable federal and state laws, rules, regulations, and executive orders relating to non-
discrimination, affirmative action and equal employment opportunity.
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. Sudan and Iran
Pursuant to A.R.S. §§ 35-391.06 and 35-393.06, the parties hereby warrant, and represent that they
do not have, and their subcontractors do not have, and during the term hereof will not have a
scrutinized business operation in either Sudan or Iran.
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CITY OF GLENDALE
Ed Beasley, City Manager
NYIES'n
Pamela Hanna, City Clerk (SEAL)
CERTIFICATION BY LEGAL COUNSEL
The foregoing Intergovernmental Agreement between City of Glendale and the County of Maricopa is in
proper form and is within the powers and authority of the City of Glendale granted under the laws of the
State of Arizona.
APPROVED AS TO FORM AND AUTHORITY:
Craig Tindall, City Attorney
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COUNTY OF MARICOPA
BY:
liAIRMAN BOARD OF SUPERVIBOho
DATE: -OCT 091i}11
CERTIFICATION BY LEGAL COUNSEL
Intergovernmental Agreement between City of Glendale and the County of Maricopa is in
The foregoing form and is within the powers and authority of the County of Maricopa County granted under the
proper
laws of the State of Arizona,
S TaelaRM AND AUTHORITY:
DEPUTY MARICOPA COUNTY ATTORNEY
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