AGREEMENT MCSD AND MCSO CLEAN 2_23_15.DOCX

Agreement for Law Enforcement Service
Between
Maricopa County
on behalf of the Sheriff’s Office
and
The Maricopa County Stadium District
Effective Date: March 25, 2015 – June 30, 2016
With up to Four (4) Automatic Renewals Through June 30, 2020

GENERAL PROVISIONS
1. Definitions
As used throughout this Agreement, the following terms shall have the meanings set forth:
Agreement means this document including Exhibit A attached hereto.
County means Maricopa County, a political subdivision of the State of Arizona.
District means the Maricopa County Stadium District, a tax levying public improvement district and
political taxing subdivision of the State of Arizona.
Sheriff's Office means the Maricopa County Sheriff and those functions, activities and facilities for which
he has responsibility.
Event Law Enforcement Services means services provided in connection with events at Chase Field by
the Sheriff's Office pursuant to this Agreement.
2. Legal Notices
Legal notice under this Agreement shall be given 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.
Tom Manos Maricopa County Stadium District
Maricopa County Manager Chase Field
301 W. Jefferson, 10th Floor 401 East Jefferson
Phoenix, Arizona 85003 Phoenix, Arizona 85004
Attention: EDR
Joseph M. Arpaio Maricopa County Attorney's Office
Maricopa County Sheriff Division of County Counsel
550 West Jackson 222 N. Central, Suite 1100
Phoenix, Arizona 85003 Phoenix, Arizona 85004
Attention: Chief County Counsel
3. Term of Agreement
This Agreement shall become effective upon approval of the Maricopa County Board of Supervisors and
the District's Board of Directors. However, the terms of this Agreement, including reimbursement for
Event Law Enforcement Services as noted in the attached Exhibit A, shall apply to all Event Law
Enforcement Services provided at Chase Field through June 30, 2016, unless terminated earlier. This
Agreement supersedes all previous agreements between Maricopa County Stadium District and
Maricopa County and the five amendments per the Sheriff’s Office agenda items beginning with C-50-
98-065-M-00 et seq. and corresponding Stadium District agendas beginning with C-78-01-006-2-00 et
seq.
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4. Automatic renewal.
If notice of intent to terminate has not been given by February 1 of each contract year this Agreement
shall automatically be renewed for the following fiscal year (July 1 through June 30) with all terms
remaining in full force and effect, until renegotiated or terminated. Automatic renewal under this
agreement is limited to four (4) one-year automatic renewals with termination June 30, 2020.
5. Amendments
This document contains the entire Agreement of the parties and cannot be changed orally. Any changes
or modifications of this Agreement including expansion of service, personnel type used, and hourly rates
must be in the form of a written amendment to this Agreement signed by both parties.
6. 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.
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.
7. Insurance
Maricopa County shall secure and maintain insurance coverage for any and all risks which may arise out
of the terms, obligations, operations, and actions as set forth in this Agreement. This insurance may be
fulfilled, at Maricopa County's option, by the acquisition of insurance or the maintenance and operation
of a self-insurance program. Maricopa County shall provide a certificate of insurance or self- insurance
acceptable to the District evidencing such coverage. The certificate of insurance shall list as additional
insureds those reasonably requested by the District, including, but not limited to the District’s facility
manager (AZPB FM Limited Partnership) and AZPB Limited Partnership.
8. Indemnification
Maricopa County agrees to indemnify, defend and hold harmless the District and its officials, officers,
employees, agents and any entity or person for which the District is legally liable, as well as the District’s
facility manager (AZPB FM Limited Partnership) and AZPB Limited Partnership (collectively the
"Indemnitees"), from and against any and all claims, demands, suits, actions, proceedings, losses, costs
and damages of every kind, including but not limited to attorneys' fees, which may be made or brought
against indemnitees or on account of (a) any loss or damage to property or for injury to or death of any .
person to the extent that said loss, damage, injury or death is the result of any error, omission, or
intentional or negligent act of the on-duty Sheriff deputies providing Event Law Enforcement Services
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and (b) any workers compensation claims by Sheriff's Office personnel arising out of Event Law
Enforcement Services.
9. Construction of Agreement
The parties agree that all of the conditions set forth herein are material to the Agreement and a breach
of any condition 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.
This Agreement is subject to the provisions of A.R.S. §38-511.
10. 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 Sheriff’s Office personnel sustain an injury that is eligible
under workers' compensation insurance, the Sheriff's Office personnel shall file any claim for
compensation with Maricopa County's worker's compensation carrier.
11. Non-assignability
This IGA and the rights, duties and obligations set forth herein are not assignable.
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SERVICES
1. Service Provision
The County through the Sheriff's Office shall provide Event Law Enforcement Services at Chase Field as
coordinated by the District's facility manager. The District's facility manager with advisement by the
Sheriff’s Office shall determine the staffing levels necessary to maintain public safety for each event and
will establish with the Sheriff’s Office the procedures to implement this Agreement. The County through
the Sheriff's Office shall provide the assigned Sheriff's personnel with standard equipment and supplies
necessary to perform their Event Law Enforcement Services duties. Minimum service includes an Event
Coordinator, one law enforcement supervisor (sergeant), a number of law enforcement officers and one
communications operator. Direct costs for expanded service and additional equipment resulting from
Event Law Enforcement Service will be reimbursable. These might include a detention officer(s) for
booking and transport, and additional law enforcement officers with corresponding supervisor
depending on the event.
This Agreement recognizes that the Event Law Enforcement Service Event Coordinator's time and effort
extends beyond one hour before and one hour after the event. This time is a direct cost and it is
reimbursable to the Sheriff's Office. The Event Coordinator is an exempt employee and reimbursement
will be at straight time plus ERE (employer related expenses--FICA/Medicare/Retirement). The charge
maximum is actual hours worked up to 40 in the seven-day work period.
For public safety reasons, including ready access to specialized police equipment stowed in vehicles, the
District will ensure secured parking spaces on site for Sheriff's Office specialized vehicles used in Law
Enforcement, which includes the K-9 vehicle.
2. Responsibility for Performance Standards
The District has the right to bring any concerns about Sheriff's Personnel to the Chief of Enforcement for
consideration. The Maricopa County Sheriff is solely responsible for the provision of services, discipline
of officers 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.
Sheriff's Office Officials will meet at least once annually with the Stadium District to mutually evaluate
the service, discuss any office wide changes that impact the service, and any other items that are
mutually beneficial, including availability of funds to perform service at requested and safe levels. This
Agreement is subject to availability of funds.
3. Reports
The Sheriff's Office will furnish the District and the District's facility manager, upon request, routine
statistical and/or management reports normally prepared by the Sheriff’s Office, concerning the services
provided pursuant to this Agreement.
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REIMBURSEMENT
RESPONSIBILITIES FOR OTHER CHARGES/COSTS
1. Payment
As consideration for the Event Law Enforcement Services to be provided hereunder, the District agrees
to pay to Maricopa County the hourly rates set forth in the attached Exhibit A for work performed under
this Agreement by Sheriff’s Office personnel. These rates have been calculated to account for all direct
costs of providing the Event Law Enforcement Services. The County, through the Sheriff's Office, will
charge the District a minimum of four (4) hours for each member of personnel assigned to each event
regardless of whether the Sheriff’s Office personnel are dismissed after less than four (4) hours of work.
Except as otherwise provided, the County, through the Sheriff’s Office Budget and Finance Bureau, will
officially invoice the District monthly for all amounts owing from the previous month, showing the actual
hours worked by Sheriff’s Office personnel at each event. Copies of actual ADP time sheets will be
provided upon request. The District will make payment to the County within thirty (30) days after
receipt of each invoice.
At the request of the District's facility manager, the County, through the Sheriff's Office will also submit
a preliminary invoice to the facility manager at the time of an event when the facility manager requires
such invoice to pass the cost of the Event Law Enforcement Services on to the event promoter.
This is a reimbursement contract with flat rate charges that reflect average amounts for overtime pay
and benefits in each market range title. A periodic analysis of actual pay versus billing amounts will be
conducted, at least once every two years, to validate cost recovery and appropriate charges.
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IN WITNESS WHEREOF, the parties enter into this Agreement to be effective March 25, 2015.
MARICOPA COUNTY MARICOPA COUNTY STADIUM DISTRICT
___________________________________ ________________________________
Chairman Date Chairman Date
Maricopa County Board of Supervisors Stadium District Board of Directors
ATTEST: ATTEST:
_________________________________ ________________________________
Clerk of the Board Date Official Record Keeper Date
MARICOPA COUNTY SHERIFF’S OFFICE
__________________________________
Joseph M. Arpaio, Sheriff Date
(or designee)
In accordance with the requirements of A.R.S. § 11-952(D), the undersigned attorneys
acknowledge that (i) they have reviewed the above Agreement on behalf of their respective clients and
(ii) 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.
Maricopa County Attorney’s Office Sims Murray, LTD.
Counsel to Maricopa County Counsel to the Stadium District
_______________________________ ____________________________
Deputy County Attorney Date Paul E. Golab Date
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The following entities hereby consent to the Maricopa County Stadium District entering into this
Agreement for Law Enforcement Services between the Maricopa County Stadium District and Maricopa
County on behalf of the Sheriff’s Office as set forth above.
TEAM FACILITY MANAGER
AZPB LIMITED PARTNERSHIP, AZPB FM LIMITED PARTNERSHIP
A Delaware limited partnership A Delaware limited partnership
By:______________________________ BY:_____________________________
Derrick M. Hall Derrick M. Hall
Its: President and CEO Its: President and CEO
Date: ___________________________ Date: ____________________________
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Exhibit A
Law Enforcement Services
FY 2015 - 16
Hourly Staffing Charges
Events Coordinator $69
Law Enforcement Sergeant $88
Law Enforcement Officer $64
Detention Officer (Firearms Qualified) $43
TCO (Supervisor) $43
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