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Agenda Item Id:
Item Title
AMENDMENTTO AGREEMENTFORLAW ENFORCEMENTWITHSTADIUMDISTRICTFOR
SECURITYSERVICESAT CHASEFIELD
C Number: C-50-98-065-0-04
Action Requested:
Approve Amendment No.4 to the Intergovernmental Agreement (IGA) for Law
Enforcement Services between the Maricopa County Stadium District and Maricopa
County. The originallGA was effective March 18, 1998 to enable Maricopa County
through the Maricopa County Sheriff's Office to provide law enforcement and security
services to the Maricopa County Stadium District for Diamondbacks baseball games
and Stadium District events held at Chase Field. Thisamendment increases the hourly
billing rates for various ranks of officers that would be assigned to an event and is
effective June 1,2009. All other terms and conditions remain the same.
Board Required Information:
Approval of this agenda item will allow the Sheriff's Office to recover its personnel costs
associated with enforcement services to Chase Field during Diamondbacks baseball
games and events scheduled by the Stadium District. Hourly rates and benefits have
increased since 2006 and this amendment reflects the impact of those changes. A
corresponding agenda item is listed on the Stadium District Agenda under C-78-98-040-
2-01.
Additional Information:
The most recent amendment to this agreement (Amendment No.3) was approved on
December 6,2006, agenda C-50-98-065-0-03. Thisamendment increases Deputy/TCO
and Sergeant rates based on actual salary and benefit costs (average of regular and
overtime) and reduces the MCSO Event Coordinator hourly rate because it is now an
exempt classification.
Thisisan as needed contract with established hourly rates. There is no set level of
service, expenditures are primarily overtime and overtime benefits. The amount
iindicates the plan for FY2010.
Expenditure Impact By FY:
FY2010: $581,545
Item Notes:
(6/10/20095:29:44 PM) - Comments From LeeAnn Bohn - OMBX
Recommend approval
(6/10/20095:01 :16 PM) - Comments From Ryan Wimmer - OMBX
Recommend approval.
(6/10/20099:00:53 AM) - Comments From Juanita Garza - COBX
Routing check complete
(6/9/20095:04:30 PM) - Comments From Bradley Kendrex - OMBX
Recommend approval.
(6/9/2009 1:20:43 PM) - Comments From Suzanne Ashmore - SHERIFFX
So noted. It will be coming back.
(6/9/2009 1:07:43 PM) - Comments From Bradley Kendrex - OMBX
Please revise the financial impact statement to show budgeted expenditures (for the
payment of the officers) corresponding to the revenue received from the Stadium
District.
MCSO notes that the estimated hours used will be fewer, offsetting the higher rates, thus
no appropriation adjustment is needed.
(6/9/2009 1:00:12 PM) - Comments From Victoria Mangiapane
Suzanne: A correction needs to be made to Amendment #4. The first paragraph
should state that the effective date is June 1,2009 (not 2006). Please make that
change and attach the corrected IGA.
Otherwise, item is approved.
(6/8/20094:33:53 PM) - Comments From Bradley Kendrex - OMBX
OMB approval pending revision to the placeholder to include specifics that are
currently omitted.
(6/2/20099:07:42 AM) - Comments From Shirley Million - COBX
Routing check complete. Betty, please review.
(6/2/20098:20:17 AM) - Comments From Steve Dahle - MMX
Not a MMD item.
(6/1/20094:18:48 PM) - Comments From Suzanne Ashmore - SHERIFFX
This is a place holder item. Amendment details are being worked out.
Isthere a Financial Impact?
yes
Is there related Managing for Resultsinformation?
yes
Enforcement Patrol # of Call for Services Call for service
Response response to the public
feels safe and secure
in the community
General Item Information
Department: Sheriff's Office
Constellation:
Contact Name: Suzanne Ashmore - SHERIFFX
Phone Number: 602-876-1633
Return To: Suzanne Ashmore - SHERIFFX
Phone Number: 602-876-1633
Location: Supervisors Auditorium
Board:
Meeting Date: 6/17/2009
Item Tracking
Originator APPROVE Suzanne Ashmore - 6/1/2009 4:18:48 PM
SHERIFFX
DeptCoor APPROVE Suzanne Ashmore - 6/1/2009 4:28:35 PM
SHERIFFX
DeptHead APPROVE Loretta Barkell - 6/1/2009 4:43:59 PM
SHERIFFX
DepartmentChief APPROVE David Hendershott - 6/1/2009 4:50:49 PM
SHERIFFX
II ' • (
MtlsMgt MOVE FORWARD Steve Dahle - MMX 6/2/2009 8:20:17 AM
OriginatorMonitor RECALL Suzanne Ashmore - 6/9/2009 7:31:39 AM
SHERIFFX
Originator APPROVE Suzanne Ashmore - 6/9/2009 10:39:34AM
SHERIFFX
DeptCoor APPROVE Suzanne Ashmore - 6/9/2009 11:03:59 AM
SHERIFFX
DeptHead APPROVE Loretta Barkell - 6/9/2009 11:18:48AM
SHERIFFX
DepartmentChief APPROVE David Hendershott - 6/9/2009 11:36:01 AM
SHERIFFX
OriginatorMonitor RECALL Suzanne Ashmore - 6/9/2009 1:22:10 PM
SHERIFFX
Originator APPROVE Suzanne Ashmore - 6/9/2009 1:37:59 PM
SHERIFFX
DeptCoor APPROVE Suzanne Ashmore - 6/9/2009 1:41:17 PM
SHERIFFX
DeptHead APPROVE Loretta Barkell - 6/9/2009 1:46:01 PM
SHERIFFX
DepartmentChief APPROVE David Hendershott - 6/9/20094:36:32 PM
SHERIFFX
CountyAtty APPROVE Victoria Mangiapane 6/10/20099:04:17 AM
OMB APPROVE LeeAnn Bohn - OMBX 6/10/20095:29:44 PM
Sheriff APPROVE Suzanne Ashmore - 6/11/20099:47:41 AM
SHERIFFX
CountyManager IN QUEUE
OFFICIAL RECORDS OF
MARICOPA COUNTY RECORDER
HELEN PURCELL
20090581660 06/25/2009 09:44
ELECTRONIC RECORDING
COB179-6-1-1--
sarabiam
AMENDMENT NO.4
To
INTERGOVERNMENTAL AGREEMENT FOR
LAW ENFORCEMENT SERVICES
BETWEEN THE
MARICOPA COUNTY STADIUM DISTRICT
AND
MARICOPA COUNTY
Effective Date: June 1, 2009
C-SO-98-06S-0-04
C.-l ~- Cf<6-D'to-;;t-01
AMENDMENT TO INTERGOVERNMENTAL AGREEMENT
FOR LAW ENFORCEMENT SERVICES
(Amendment No.4)
C-50-98-065-0-04
C:-l~ -tUi -OifC - ;)..-0 I
THIS AMENDMENT No.4 made and entered into this ~day of June, 2009, 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, shall have an effective date of June 1,2009.
AUTHORITY: Maricopa County has the authority to enter into this Agreement pursuant to
A.R.S. §11-251, §11-441 and §11-952. The District has the authority to enter into this
Agreement pursuant to A.R.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 to 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 to 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 desire to make the following amendment:
The Original IGA, as amended by the addition of this new Exhibit A, "2009 Billing
Rates," which is attached to this Amendment No.4, to be effective June 1,2009, remains
in full force and effect according to its terms.
F. The following two clauses now required in County IGA's have been added:
2
1. 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."
2. 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.
IN WITNESS WHEREOF, the parties enter into this Agreement:
MARICOPA COUNTY MARICOPA COUNTY STADIUM DISTRICT
Y'N\C>.J~uiw
hv\~L\~ .JUN 2 4 2009
Chair \ Z 4 2009 Chair ' Date
Maricopa County Board of Supervisors Stadium District Board of Directors
ATTEST:
~j7.~Id~ , 2 4 2009
DEPUlY
MARICO~TY SHERIFF'S OFFICE
~ 6-11-°1
oseph M. Arpaio, Sheriff Date
3
APPROVED AS TO FORM, power and authority to enter into Agreement:
Maricopa County Attorney's Office Moyes Sellers & Sims as Counsel
as Counsel to Maricopa County to the Stadium District
~ 2/~~-/l:::"7
Paul Golab Date
4
·.
The following entities hereby consent to the Maricopa County Stadium District entering into
"Amendment No.4 to Intergovernmental Agreement for Law Enforcement Services between the
Maricopa County Stadium District and Maricopa County," in the form attached hereto.
TEAM FACILITY MANAGER
AZPB LIMITED PARTNERSHIP, AZPB FM LIMITED PARTNERSHIP,
A Delaware limited partnership a Delaware limited partnership
By: AZPB, INC., an Arizona corporation
Its: General Partner
y]~J!
By: By:
~
Derrick M. Hall, President & Derrick M. Hall, President &
Chief Executive Officer Chief Executive Officer
Date:
TOUR OPERATOR REAL ESTATE MANAGER
ARIZONA DIAMONDBACKS AZPB REM LIMITED PARTNERSHIP,
CHARITIES, INC., an Arizona a Delaware limited partnership
::n-~
By:~~~~~~Jd_
15eITiCkM. Hall, President & Derrick M. Hall, President &
Chief Executive Officer Chief Executive Officer
Date: Date: 6, 110109
I I I ,
5
, ,
EXHIBIT A
2009 Billing Rates
Assignment Hourly Rate
MCSO Event Coordinator*
(Command Officers) $56.00
MCSO Event Supervisor
(Sergeants) $64.00
Deputy Sheriffs/TCO $53.00
*MCSO billing for this position under this IGA recognizes regular hours worked by the assigned
employee for the Stadium District during that employee's normal40-hour work week schedule.
This hourly rate represents regular salary and benefits.
6