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AMENDMENT NO. 5
TO
INTERGOVERNMENTAL AGREEMENT FOR
LAW ENFORCEMENT SERVICES
BETWEEN THE
MARICOPA COUNTY STADIUM DISTRICT
AND
MARICOPA COUNTY
Effective Date: August 21,2013
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AMENDMENT TO INTERGOVERNMENTAL AGREEMENT
FOR LAW ENFORCEMENT SERVICES
("Amendment No.5 to IGA")
C-78-98-040-2-01
THIS AMENDMENT No.5 to IGA, made and entered into effective this 2151 day of August,
2013, by and between the Maricopa County Stadium (the "District"), a tax levying public
improvement district and political taxing subdivision of the State of Arizona, and Maricopa
County (the "County"), a political subdivision of the State of Arizona ..
AUTHORITY: Maricopa County has the authority to enter into this Amendment No.5 to IGA
pursuant to AR.S. § 11-251, § 11-441 and § 11-952. The District has the authority to enter into
this Amendment No.5 to IGA pursuant to AR.S. § 48-4203, § 48-4204 and § 11-952.
RECITALS
A. The District and the County entered into an Agreement for Law Enforcement
Services dated and approved March 18, 1998 (the "Original IGA").
B. The District and County amended the Original IGA by replacing Exhibit A "1998
Billing Rates," in its entirety with a new Exhibit A, "2001 Billing Rates" approved April 18,
2001 and recorded April 20, 2001 as No. 2001-0323007, Records of Maricopa County, Arizona
("Amendment No.1 to IGA").
C. The District and County amended the Amendment No.1 IGA by replacing
Exhibit A "2001 Billing Rates," in its entirety with a new Exhibit A, "2004 Billing Rates"
approved June 2,2004 and recorded June 14,2004 as No. 2004-0670708, Records of Maricopa
County, Arizona ("Amendment No.2 to IGA").
D. The District and County amended the Amendment No.2 IGA by replacing
Exhibit A "2004 Billing Rates," in its entirety with a new Exhibit A, "2006 Billing Rates"
approved December 6, 2006 and recorded December 22, 2006 as No. 2006-1672218, Records of
Maricopa County, Arizona ("Amendment No.3 to IGA").
E. The District and County amended the Amendment No.3 to IGA by replacing
Exhibit A "2006 Billing Rates" in its entirety with a new Exhibit A, "2009 Billing Rates" with an
effective date of June 1, 2009 ("Amendment No.4 to IGA").
F. Pursuant to Section 16 of the Original IGA, the hourly rates applicable to the
Maricopa County Sheriffs Office ("MCSO") personnel assigned to provide the Event Law
Enforcement Services at Chase Field are calculated to account for all direct and indirect costs of
providing the services including salary.
G. MCSO personnel categories list in Exhibit A of Amendment No.4 have received
a salary increase from Maricopa County effective July 8, 2013. Accordingly, to account for the
additional cost of providing the Event Law Enforcement Services, the District and County now
desire to enter into this Amendment No.5 to IGA.
NOW THEREFORE intending to be legally bound and for valuable consideration, the
receipt and sufficiency of which are acknowledged, the County and District agree as follows:
AGREEMENT
1. The Original IGA, as subsequently amended, is hereby amended by the addition
of this new Exhibit A, "2013 Billing Rates" which is attached to this Amendment No.5 to IGA.
Except as amended by this Amendment No.5 to IGA, the Original IGA remains in full force
and effect according to its terms.
2. Under A.R.S. §§ 35-391.06 and 35-393.06, the parties certify that they do not
have scrutinized business operations in either Sudan or Iran.
3. The parties warrant that they are in compliance with A.R.S. § 41-4401 and further
acknowledge:
(A) That they and their subcontractors, if any, warrant their compliance with
all federal immigration laws and regulations that relate to their employees and their compliance
with A.R.S. § 23-214, subsection A;
(B) That a breach of a warranty under subsection 2(A) above shall be deemed
a material breach of the contract that is subject to penalties up to and including termination of the
contract;
(C) That the contracting government entity retains the legal right to inspect the
papers of any contractor or subcontractor employee who works on the contract to ensure that the
contractor or subcontractor is complying with the warranty provided under subsection 2(A)
above and that the contractor agrees to make all papers and employment records of said
employee(s) available during normal working hours in order to facilitate such an inspection.
(D) That nothing herein shall make any contractor or subcontractor an agent or
employee of the contracting government entity.
The parties acknowledge that undersigned legal counsel for each party has at times
provided, or may in the future provide, legal services to the other party, and both parties hereby
knowingly and affirmatively waive any conflict that may exist as a result of such representation.
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IN WITNESS WHEREOF, the parties enter into this Amendment No.5 to IGA to be
effective as provided above.
MARICOPA COUNTY MARICOPA COUNTY STADIUM DISTRICT
Andy Kunasek, Chairman Date Andy Kunasek, 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
_~-\-\ ~/'..._!!!o.,.........~~~:> ~~ ..1..))
Josep11\fOAfPaio, Sheriff Date
APPROVED AS TO FORM, power and authority to enter into this agreement:
Maricopa County Attorney's Office Sims Murray, Ltd.
Counsel to Maricopa County Counsel to the Stadium District
~~ &a= ~ d6l;> '4-£'~/1j
Deputy County Attorney I~ Date Paul E.~ Date
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The following entities hereby consent to the Maricopa County Stadium District entering into
"Amendment No.5 to Intergovernmental Agreement for Law Enforcement Services between the
Maricopa County Stadium District and Maricopa County," as set forth above.
TEAM FACILITY MANAGER
AZPB LIMITED PARTNERSHIP, AZPB FM LIMITED PARTNERSHIP,
A Delaware limited partnership a Delaware limited partnership
Derrick M. Hall Derrick M. Hall
Its: President & CEO Its: President & CEO
Date: Date: ----->..cf..L---__.::~~-....__/_3. _
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EXHIBIT A
2013 Billing Rates
Assignment Hourly Rate
MCSO Event Coordinator*
(Command Officers) $ 67.00
MCSO Event Supervisor $ 82.00
Deputy Sheriffs $ 60.00
TCO $ 42.00
Detention Officers* $ 42.00
*As required and only as applicable as determined by the Sheriffs Office.
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