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AMENDED AND RESTATED
MEMORANDUM OF UNDERSTANDING
BY AND BETWEEN
THE CITY OF GLENDALE
AND
ARIZONA DEPARTMENT OF FORESTRY AND FIRE MANAGEMENT
AND
THE ARIZONA TOURISM AND SPORTS AUTHORITY
This Amended and Restated Memorandum of Understanding ("Amended MOU") is entered into
this __ day of __________, 20__, by and between the City of Glendale, a municipal corporation
("City''), the Arizona Department of Forestry and Fire Management ("DFFM"), and the Tourism
and Sports Authority, d/b/a Arizona Sports and Tourism Authority, existing pursuant to the
provisions of A.R.S. §§ 5-801 et seq. as a corporate and political body of the State of Arizona
("AZSTA"). The City, DFFM, and AZSTA are referred to individually as a “Party” and sometimes
hereinafter collectively called the "Parties".
RECITALS
A. WHEREAS, AZSTA owns and operates the stadium facility located on Maricopa County
Parcel No. 102-01-002P and contracts with an agent to assist in management of the
facility.
B. WHEREAS, AZSTA was formed by Arizona Revised Statute (“A.R.S.”) § 5-802.B as a
corporate and political body with all the rights, powers and immunities of municipal
corporations.
C. WHEREAS, A.R.S. § 37-1383.A.1 requires the Office of the State Fire Marshal to assist
in the enforcement of state laws and ordinances of cities and counties relating to fire
prevention and fire protection.
D. WHEREAS, A.R.S. § 37-1383.A.5 requires the Office of the State Fire Marshal to enforce
the fire code except in cities have a population of more than 100,000 who have also
assumed jurisdiction by adopting an ordinance to do so.
E. WHEREAS, to ensure continuity of service delivery for the multi-purpose facility in
Glendale that is owned by AZSTA, relating to the enforcement and regulation of fire code,
the Parties desire to have DFFM as the Authority Having Jurisdiction (“AHJ”) for both the
stadium and the adjacent private properties located within the municipal boundaries of
Glendale, Arizona inclusive of the following:
Maricopa County Assessor's Parcel Numbers 102-01-001P, 102-01-001M, 102-01-
00lQ, 102-01-001N, 102-01-002Y, 102-01-002W, 102-01-002S, 102-01-002T, 102-
01-002U, 102-01-257A, 102-01-002Z, 102-01-257B, 102-01-256 as identified on
Exhibit A; collectively with Maricopa County Parcel Number No. 102-01-002P as
shown on Exhibit A and hereinafter referred to collectively as the "Facility Property''.
F. WHEREAS, the City is willing to cede jurisdiction to DFFM for the sole purpose of fire code
enforcement on the Facility Property and if it does so DFFM will take responsibility for fire
code enforcement.
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G. WHEREAS, The Parties entered into an “MOU” as of August 21, 2018, relating to fire code
enforcement associated with the Facility Property.
H. WHEREAS, The Parties enter into this Amended MOU to completely amend and restate
the original MOU and to clarify responsibilities and procedures relating to fire code
enforcement associated with the Facility Property.
TERMS
For and in consideration of the mutual undertakings hereunder, and each Party intending to be
legally bound, the Parties agree as follows:
1. RECITALS. The recitals set forth above are incorporated into this Amended MOU and are
made a part of this Amended MOU by reference.
2. COMMENCEMENT AND DURATION. This Amended MOU commences on _________,
20__ ("Effective Date") and shall be in effect so long as the Facility Property continues
operating as its intended use as a multi-purpose sporting and event venue and parking
accommodations. Should the Facility Property or any portion thereof be developed for any
purpose other than uses in existence at the Effective Date of this Amended MOU, the City
shall adopt an ordinance to re-establish jurisdiction for fire code enforcement of the Facility
Property or the portion of the Facility Property for which the uses have changed.
3. FIRE CODE. For purposes of this Amended MOU the fire code that shall be applied to the
Facility Property will be the fire code and amendments as adopted by the City at the time
an application or submittal is received.
4. RESPONSIBILITIES. The Parties agree that the duties and responsibilities under this
Amended MOU are as follows:
A. DFFM will:
1) Act in the capacity of the AHJ responsible for enforcing the requirements of the fire
code for the Facility Property.
2) Conduct annual inspection of the Facility Property in accordance with the fire code.
3) Conduct general life safety inspections of the Facility Property in accordance with
the fire code as it relates to events and activities conducted at the Facility Property.
4) Assess and collect fees directly to the client or applicant for work performed
relating to annual inspections and event-related activities in accordance with the
DFFM Compensation Terms and Fire Inspection Requirements attached as
Exhibit C.
5) Work with the facility operators to prevent the blockage, obstruction, or diminished
access to private streets located on Exhibit A that would inhibit emergency
response as it pertains to event-related activity.
6) Work with the facility operators to prevent the blockage, obstruction, or diminished
access to any adjacent public right of way as it pertains to event-related activity.
7) Serve as the ultimate decision-making authority as it relates to interpretation of the
fire code and enforcement and regulation provisions.
8) Serve as the enforcement agency responsible for any legal action associated with
fire code violations.
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9) Collaborate with the City and AZSTA or its agent to create an operational flowchart
to serve as an administrative reference guide, which is the Stadium Plan Review,
Permitting, and Inspection Operational Guidelines attached hereto as Exhibit D,
with further details contained in the Fire Inspection Requirements contained in
Exhibit C.
10) Confer with the City and AZSTA every three years to review this Amended MOU
and revise as needed.
11) Confer with City regarding any new vertical construction that may occur at the
Facility Property
B. The City will:
1) Amend its code to cede fire code jurisdiction of the Facility Property to DFFM as
accomplished by Ordinance No. O18-60, adopted August 14, 2018, and attached
hereto as Exhibit B.
2) Continue to conduct all plan review, permitting, and inspection of construction at
the Facility Property with the exception of the fire code.
3) Work in cooperation with the State Fire Marshal to obtain the necessary fire code
review related to construction at the Facility Property.
4) Work directly with Facility Property clients or applicants to receive and transmit
documents and communique, issue permits, collect fees, and schedule
inspections related to construction.
5) Assess and collect fees directly to the client or applicant for work performed related
to building code permitting in accordance with the City's adopted fee schedule.
6) Conduct plan review in accordance with the minimum standards identified in the
City's publicly posted plan review turnaround times.
7) Work with facility operators to prevent the blockage, obstruction, or diminished
access to private streets shown on Exhibit A that would inhibit emergency
response as it pertains to construction.
8) Work with facility operators to prevent the blockage, obstruction, or diminished
access to any adjacent public right of way as it pertains to construction.
9) Cooperate with DFFM and AZSTA or its agent as it relates to the process for
obtaining DFFM plan review and inspection as needed for construction projects in
accordance with the DFFM Compensation Terms and Fire Inspection
Requirements attached as Exhibit C.
10) Coordinate with DFFM and AZSTA or its agent to create an operational flowchart
to serve as an administrative reference guide, which is the Stadium Plan Review,
Permitting, and Inspection Operational Guidelines attached hereto as Exhibit D,
with further details contained in the Fire Inspection Requirements contained in
Exhibit C.
11) Confer with DFFM and AZSTA every three years to review this Amended MOU
and revise as needed.
12) Continue to act as the first response agency for the Facility Property, responsible
for responding to any emergency or other situations at the Facility Property.
C. AZSTA and its agent will:
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1) Ensure that all facility end users submit required event or construction applications
to the appropriate agencies.
2) Consult with DFFM and the City in the event there is any question as to whether
an activity is considered a construction activity.
3) Pay, or cause a third party to pay, fees associated with services performed by
DFFM (in accordance with the DFFM Compensation Terms and Fire Inspection
Requirements attached as Exhibit C) or the City (with the City's adopted fee
schedule) for activities taking place on the Facility Property that are under the
purview of AZSTA or their agents.
4) Collaborate with the City and DFFM to create an operational flowchart to serve as
an administrative reference guide, which is the Stadium Plan Review, Permitting,
and Inspection Operational Guidelines attached hereto as Exhibit D, with further
details contained in the Fire Inspection Requirements contained in Exhibit C.
5) Confer with the City and DFFM every three years to review this Amended MOU
and revise as needed.
5. INDEMNIFICATION.
A. Each party shall indemnify, defend, save and hold harmless each other Party, 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 offending Party.
B. This indemnity includes any Claims or amount arising out of or recovered under the
Workers' Compensation Law or arising out of the failure of such Indemnitee to conform to
any federal, state or local law, statute, ordinance, rule, regulation or court decree.
6. MEDIA RELEASES AND RELATIONS.
A. Any release of information to the media, other than a public records release, regarding an
event or any activities carried out under this Amended MOU will be coordinated by AZSTA
or its agent in cooperation with the City and DFFM but, except as provided below, no
unilateral media releases will be distributed by the City or DFFM without the prior approval
of AZSTA or its agent.
B. A copy of all public record and media releases regarding an event or any activities carrying
out this Amended MOU shall be forwarded to AZSTA or its agent prior to release; provided
however, if an incident is primarily focused upon or concerned with the actions of a City
or DFFM employee, the City or DFFM will be responsible for the release of information to
the media relative to the incident.
C. The Parties will not reveal any investigative information or operational procedures except
as required by law.
7. GENERAL TERMS AND CONDITIONS.
A. Entire Agreement; Conflicts. This Amended MOU embodies the entire understanding of
the Parties and supersedes the MOU and any other agreement or understanding between
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the Parties relating to the subject matter of this Amended MOU. In the event of any
ambiguity, inconsistency or conflict between the terms of this Amended MOU and the
terms of that certain Amended and Restated Agreement dated as of ______________,
2022 between DFFM and ASM Global, as agent for AZSTA, the terms of this Amended
MOU will control.
B. Execution. This Amended MOU may be executed in counterparts.
C. Modification. Modifications within the scope of this Amended MOU shall be made by
mutual consent of the Parties, and by the issuance of a written modification, signed and
dated by all Parties, prior to any changes being performed.
D. Financial Matters. Nothing contained herein shall be construed as creating any financial
obligation on the part of any party to this Amended MOU. All services or other support to
be provided by the City or DFFM as it relates to Construction or Event activity taking place
at the Facility Property shall be handled in accordance with existing Development Services
or Inspection Services processes, procedures, fee schedules, and authority of the City or
DFFM.
E. Civil Rights Assurance and Nondiscrimination. The Parties agree to comply with Chapter
9, Title 41, Arizona Revised Statutes (Civil Rights), Arizona Executive Order No. 2009-09
and any other applicable federal or state laws relating to equal opportunity and non-
discrimination, including the Americans with Disabilities Act.
F. Records and Audits. Pursuant to A.R.S.§§ 35-214, 35-215, and 41-2548, all books,
accounts, reports, files and other records relating to this Amended MOU shall be subject,
at all reasonable times, to inspection and audit by the State during the term of this
Amended MOU and shall be maintained in accordance with the Arizona State Library,
Archives and Public Records published General Records Retention Schedules.
G. Conflicts. This Amended MOU is subject to cancellation for conflicts of interest under the
provisions of A.R.S. § 38-511.
H. Dispute Resolution. In the event of any dispute, claim, question, or disagreement arising
from or relating to this Amended MOU 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 all Parties. In the
event the Parties cannot settle the dispute, the Parties may agree to termination upon
mutual consent. Notwithstanding the foregoing, to the extent required by A.R.S. §§ 12-
1518(8) and 12-133, the Parties agree to resolve any dispute arising out of this Amended
MOU by arbitration.
I. Waiver. The waiver of any breach of this Amended MOU shall not be deemed to amend
this Amended MOU and shall not constitute a waiver of any other subsequent breach.
J. Headings. Headings of this Amended MOU are for convenience only and shall not affect
the interpretation of this Amended MOU.
K. 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 Amended MOU.
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L. Limitations. Nothing in this Amended MOU shall be construed as limiting the statutory
responsibilities of Parties or as expanding the statutory responsibilities of Parties beyond
those granted to them by law.
M. Assignment. No Party may assign this Amended MOU or any of its rights or obligations
hereunder to any other Party.
N. Severability. If any provision of this Amended MOU is declared invalid by a court of
competent jurisdiction, this Amended MOU shall be deemed terminated as of the effective
date of said declaration.
O. Governing Law. This Amended MOU shall be governed by and construed in accordance
with the laws of the State of Arizona.
P. Miscellaneous. This Amended MOU will be interpreted, applied and enforced according
to the fair meaning of its terms and not be construed strictly in favor of or against any
Party, regardless of which Party may have drafted any of its provisions. No provision of
this Amended MOU may be waived or modified expect by a writing signed by all Parties.
Exhibits.
EXHIBIT A- Facility Property Map
EXHIBIT B- City Ordinance No. O18-60
EXHIBIT C- DFFM Compensation Terms and Fire Inspection Requirements
EXHIBIT D- Stadium Plan Review, Permitting, and Inspection Operational Guidelines
[signatures appear on the following pages]
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ARIZONA STATE DEPARTMENT OF
FORESTRY AND FIRE MANAGEMENT
_________________________________
David Tenney, State Forester
ARIZONA TOURISM AND SPORTS
AUTHORITY, d/b/a ARIZONA SPORTS
AND TOURISM AUTHORITY
__________________________________
Tom Sadler, President-CEO
CITY OF GLENDALE
__________________________________
Kevin R. Phelps, City Manager
ATTEST:
__________________________________
Julie Bower, City Clerk
(SEAL)
APPROVED AS TO FORM AND AUTHORITY:
__________________________________
Michael D. Bailey, City Attorney