MCSO DBACKS STADIUM LAW ENFORCEMENT AGREEMENT (2023)(AZPB .PDF
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Agreement for Law Enforcement Service
Between
Maricopa County
on behalf of the Sheriff’s Office
and
AZPB Limited Partnership, A Delaware limited partnership, and
AZPB FM Limited Partnership, A Delaware limited partnership
C-50-23-_______-X-00
January 2023
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Agreement for Law Enforcement Service
at Chase Field
between Maricopa County, on behalf of the Maricopa County Sheriff’s Office, and
AZPB Limited Partnership, A Delaware limited partnership and
AZPB FM Limited Partnership, A Delaware limited partnership
This Agreement (“Agreement”), effective January 1, 2023, (Effective Date”) is entered into this 16th day of
December, 2022 between Maricopa County, a political subdivision of the State of Arizona, on behalf of
the Maricopa County Sheriff’s Office (“MCSO”) and AZPB Limited Partnership, a Delaware limited
partnership (“AZPB”), and AZPB FM Limited Partnership, a Delaware limited partnership (“AZPB FM”),
together the “Parties” and individually, the “Party.”
Whereas, AZPB and AZPB FM operate a Major League Baseball stadium and related grounds in downtown
Phoenix known as Chase Field (the “Ballpark”), that is constructed on non-incorporated, Maricopa County
land; and
Whereas, AZPB and AZPB FM host Major League Baseball games and other revenue and non-revenue-
generating events that are attended by large crowds and that, for public safety reasons, are best served
by the level of security and related services provided by sworn law enforcement officers; and
Whereas the current Agreement for Law Enforcement Services between the Parties expires December 31,
2022.
NOW, THEREFORE, the Parties agree as follows:
I.
GENERAL PROVISIONS
1.
Definitions
As used throughout this Agreement, the following terms shall have the meanings set forth:
Agreement means this document including referenced Exhibits attached hereto.
AZPB means the Arizona Diamondbacks, a Major League Baseball team (which may also be
referred to herein as the “Team”), which plays its exhibition, regular season and post-season
home games at the Ballpark.
AZPB FM means the Facility Manager for the Ballpark.
Ballpark means the facility, currently named Chase Field, and its immediate grounds with
approximate boundaries of 7th Street, Jefferson Street, 4th Street and Buchanan Street. This
includes the Chase Field Parking Garage south of the Ballpark.
County means Maricopa County, a political subdivision of the State of Arizona.
Event means a scheduled activity at the Ballpark.
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Event Coordinator means the MCSO employee with rank of Sworn Lieutenant or above that
coordinates and commands law enforcement service for Events.
Event Law Enforcement Services means services provided by MCSO pursuant to this Agreement,
in connection with Events at the Ballpark.
Exhibit A means MCSO’s cost sheet for Law Enforcement Services
MCSO means the Maricopa County Sheriff’s Office and those functions, activities and facilities for
which it has responsibility.
2.
Legal Notices
Legal notice under this Agreement shall be given by e-mail (with proof of delivery), 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:
Maricopa County
AZPB Limited Partnership
Maricopa County Manager
Chase Field
301 W. Jefferson, 10th Floor
401 East Jefferson
Phoenix, Arizona 85003
Phoenix, Arizona 85004
Attn: Joy Rich
Attn: Mike Rock
E-mail: County ManagerOffice@mail.maricopa.gov
E-mail: mrock@dbacks.com
Maricopa County Sheriff
AZPB FM Limited Partnership
550 West Jackson Street
Chase Field
Phoenix, Arizona 85003
401 East Jefferson
Attn: Paul Penzone
Phoenix, Arizona 85004
Attn: Chris Taylor
Maricopa County Attorney’s Office
E-mail: ctaylor@dbacks.com
Division of County Counsel
225 W. Madison
AZPB Limited Partnership
Phoenix, Arizona 85003
Attn: Caleb E. Jay
Attention: Civil Division Chief
401 E. Jefferson Street
E-mail: Liddyt@mcao.maricopa.gov
E-mail: cjay@dbacks.com
3.
Term of Agreement
This Agreement is effective January 1, 2023, through December 31, 2025, unless terminated earlier per
Section 9 of this Agreement (“Term”). This Agreement replaces and supersedes Agreement C-50-19-046-
3-00 and its amendment C-50-19-046-3-01.
4.
Automatic renewal
This Agreement will have one (1) automatic renewal for a two-year period from January 1, 2026, through
December 31, 2027 (“Renewal Term”), with all terms, except costs (updated annually), remaining in full
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force and effect until renegotiated or terminated. If notice of intent to terminate has not been given any
of the Parties by November 15, 2025, this Agreement shall automatically renew for the Renewal Term.
5.
Cost Updates
MCSO will notify AZPB and AZPB FM of the updated cost for the Services effective January 1, of each new
calendar year by sending an updated Exhibit A to AZPB and AZPB FM by no later than October 15, of the
current calendar year.
6.
Amendments
This document contains the entire Agreement of the parties and cannot be changed orally. Any changes
or modifications of this Agreement, including any decrease or expansion of the Services, personnel type
used, space, equipment and rates for service that differ from a current Exhibit A must be in the form of a
written amendment to this Agreement signed by all Parties.
7.
No Other Agreements
AZPB and AZPB FM may not contract with any individual MCSO employee or MCSO volunteer to provide
off-duty security at any Events. Supplemental payment by AZPB and AZPB FM to individual MCSO
employees for law enforcement-related work at the Ballpark outside of this Agreement is not permitted.
8.
Subcontractors
With AZPB and AZPB FM’s prior approval only, MCSO may subcontract with other law enforcement
agencies for sworn personnel to staff Events under MCSO Direction and authority of the MCSO Event
Coordinator. Only sworn officers whose home agency has entered into an agreement with Maricopa
County assuring workers compensation and other coverages for its employee would be used.
9.
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 and shall have no further obligations thereafter.
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.
10.
Insurance
The County agrees to secure and maintain insurance coverage for any and all risks that may arise out of
the terms, obligations, operations, and actions as set forth in this Agreement, including but not limited to
public entity insurance. The acquisition of insurance or the maintenance and operation of a self-insured
program may fulfill this insurance requirement; provided, however, that the unencumbered reserves
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available under any such self-insurance program shall be equal to or greater than the required minimum
coverage amounts set forth below. The County shall provide certificates of insurance or self-insurance
evidencing the coverage required below.
A.
General:
1.
AZPB Additional Insureds: The County’s insurance coverage and self-
insured retention or deductible portions, except workers’ compensation insurance, shall
name for claims arising out of the performance of the Law Enforcement Services under
this Agreement, AZPB Limited Partnership, AZPB FM Limited Partnership, AZPB REM
Limited Partnership, Arizona Diamondbacks Events and Entertainment, LP, Arizona
Diamondbacks Foundation, Inc. and their respective agents, representatives,
officers, directors, officials and employees (collectively, the “AZBP Entities”), as
Additional Insureds as specified under the respective coverage sections of this
Agreement.
2.
Coverage Term: All insurance required herein shall be occurrence based and
shall be maintained in full force and effect during the Term and Renewal Term, subject
to any earlier termination rights herein.
3.
Primary/Non-Contributory Insurance: County’s insurance shall be primary and
non-contributory basis with respect to performance of the Law Enforcement Services
under this Agreement, irrespective of any other insurance maintained by the AZPB
Entities whether collectible or not.
4.
Policy Deductibles and or Self-Insured Retentions: The policies set forth in these
requirements may provide coverage that contains deductibles or self-insured retention
amounts. The County shall be solely responsible for any such deductible or self-insured
retention amount. The existence of any self-insurance (regardless of whether County has
an insurance policy) shall not relieve County or its carrier of the obligation to indemnify
and defend the AZPB Entities as set forth in Section 11 from the inception of any claim or
action triggering such indemnity and defense obligations. In addition to the County’s
obligations above, in the event the County has any self-insurance exposure, it shall have
the same obligations that any open market insurance carrier would have.
B.
Required Insurance Coverage:
1.
Public Entity Liability: County shall maintain public entity liability coverage for
bodily injury and property damage with an unimpaired limit of not less than
$10,000,000 for each occurrence; no aggregate limit. The policy shall cover liability
arising from premises/operations and personal injury due to actions or performance of
the Event Law Enforcement Services under this Agreement, including any claims arising
or in connection with any alleged violations of constitutional rights.
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2.
Automobile Liability: County shall maintain Business Automobile Liability
insurance with a limit of $5,000,000 combined single limit each occurrence on
County’s owned, hired and non-owned automobiles assigned to or used in the
performance of the Law Enforcement Services under this Agreement.
3.
Workers’ Compensation Insurance: County shall maintain Workers’ compensa-
tion insurance to cover obligations imposed by federal and state statutes having
jurisdiction of County’s employees engaged in the performance of Law Enforcement
Services under this Agreement.
4.
Employer’s Liability Insurance: County shall maintain Employer’s Liability
Insurance of $2,000,000 for each accident, $2,000,000 disease for each employee and
$2,000,000 disease-policy limit.
5.
Commercial General Liability Insurance: County shall maintain an
occurrence based Commercial General Liability Insurance Policy, providing coverage for
bodily injury and property damage and personal and advertising injury, including
contractual liability and products/completed operations liability coverage with minimum
limits of $10,000,000 each occurrence, and $10,000,000 general aggregate.
C.
Cancellation, Material Changes and Expiration Notice: Insurance required herein
shall not expire, be canceled, or materially changed without thirty (30) days’ prior
written notice to AZPB.
D.
Other Terms/Conditions. The required coverage limits may be satisfied through
a combination of primary and umbrella policies. All insurance policies must be issued by
an admitted insurance carrier with an A.M. Best rating of A-VII or better. All liability
insurance policies must provide Cross Liability coverage (separation of insureds or
severability of interest provisions). The Commercial General Liability policy shall include
no exclusions or limitations for (1) third-party-over actions, (2) claims related to the use
of firearms, weaponry or other security equipment (mace, tasers, etc.) or (3) terrorism.
All policies shall be endorsed to provide a waiver of subrogation in favor of the AZPB
Entities. The insurance requirements set forth will in no way modify, reduce, or limit the
indemnification herein made by County. Receipt of a certificate of insurance,
endorsement or policy of insurance which is more restrictive than the contracted for
insurance shall not be construed as a waiver or modification of the insurance
requirements above or an implied agreement to modify same, nor is any verbal
agreement to modify same permissible or binding.
11.
Indemnification
AZPB shall not indemnify, defend or hold harmless the County, but the County shall defend, indemnify
and hold harmless the AZPB Entities, for any suits, actions, legal or administrative proceedings, claims,
demands or damages of any kind or nature brought against AZPB Entities (or any of them) as a result of
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any act or omission of the MCSO or any of its employees, agents or subcontractors in connection with
their activities, or while performing Event Law Enforcement Services pursuant to this Agreement which is
caused or alleged to have been caused by the negligence or misconduct of any member of the staff of the
Sheriff’s Office or which occurs while any such staff member is performing Law Enforcement Services not
directly related to this Agreement. The County shall pay, on behalf of AZPB Entities (or any of them), all
judgments, fines, penalties, interest on judgments, fines and penalties, or costs including attorney’s fees,
court costs, expert witness fees and discovery costs associated with a claim brought hereunder. The
indemnity under this Agreement shall commence as of the Effective Date of this Agreement and shall
continue in full force and effect with respect to any and all actions, legal or administrative proceedings,
claims, demands or damages of any kind or nature arising out of or relating to this Agreement.
12.
Construction of Agreement
The Parties agree that all of the provisions set forth herein are material to this Agreement, and a breach
of any provision 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. The venue for any dispute hereunder
shall be a court of competent jurisdiction in Phoenix, Arizona.
This Agreement is subject to the provisions of A.R.S. §38-511 (cancellation for conflict of interest).
13.
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
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MCSO personnel sustain an injury in the performance of the Services hereunder, MCSO personnel shall
file any claim for compensation with the County's worker's compensation carrier.
14.
Non-assignability
This Agreement and the rights, duties and obligations set forth herein are only assignable by amendment
approved by the Parties. The foregoing notwithstanding, AZPB FM may assign this Agreement to a
successor facility manager without MCSO’s prior consent.
15.
Israel Boycott
By signing this Agreement, the Parties certify that they are in compliance with Article 9, A.R.S. § 35-393
et seq.
16.
Counterparts
This Agreement may be executed in two or more counterparts, each of which shall be deemed an
original but all of which together shall constitute the same instrument. Faxed, copied, electronic and
scanned signatures are acceptable as original signatures.
II. SERVICES
1.
Service Provision
A.
MCSO shall provide the Services at the Ballpark as coordinated by AZPB and/or AZPB
FM.
B.
AZPB FM, in consultation with MCSO, shall determine the staffing levels necessary to
maintain public safety for each non-baseball Event and will establish with MCSO
procedures to implement this Agreement.
C.
Minimum service for any ball game Event includes an Event Coordinator/Commander
with the rank of Sworn Lieutenant or above, one law enforcement supervisor for every
six deputy sheriffs/sworn personnel assigned to the event, and communications service
that may be handled from on or off site (HQ).
1.
Minimum service requirements for Events will be waived and adjusted when
there is a public health or safety emergency, and an external governing agency
mandates that general public attendance is prohibited or curtailed to less than
fifty (50%) capacity.
2.
In such circumstance, AZPB shall determine the minimum service requirements
for the affected Event in its sole and absolute discretion and will notify the
Sheriff in writing of changes and the effective date.
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D.
MCSO shall, at its cost, provide the assigned MCSO personnel with standard uniforms,
equipment and supplies (includes radios, smart phones, body cameras, lethal and non-
lethal weapons, body armor, etc.) necessary to perform the Services under this
Agreement. Such items will be used in accordance with law and MCSO policy. Additional
time worked after an Event to download data and administer law enforcement reports
associated with the activation or use of such items will be an MCSO responsibility and will
not be charged to AZPB or AZPB FM.
E.
As determined by the MCSO in conjunction with AZPB FM, Service may be comprised of
additional resources to include K-9’s with their handlers, detention officers for booking
and transport, mounted patrol, explosive ordinance detection, and the use of special unit
personnel, such as SWAT as safety and particular circumstances demand. Such decisions
will be made on a case-by-case basis.
2.
Responsibility for Performance Standards
A.
AZPB has the right to bring any concerns about MCSO Personnel to the MCSO Executive
Chief of Enforcement for consideration, and to request that MCSO Personnel who are
negligent in the performance of their duties or about whom it may have other concerns
not be assigned to provide Services hereunder. 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.
B.
Parties will meet at least once during each year of the Term to discuss any MCSO
officewide changes that impact the Service, and any other items that are mutually
beneficial, including resources to perform Service at requested and safe levels. Discussion
will also include technology infrastructure; equipment needs and any other requests to
be funded through the Stadium Reserve.
3.
Reports
MCSO will furnish AZPB and AZPB FM, Incident Report information during Events.
4.
Space and Facilities
A.
Subject to availability, AZPB and AZPB FM will provide six (6) secured parking spaces
onsite for MCSO specialized vehicles used in law enforcement, which may include the K-
9 vehicle.
In situations where there is limited availability because of the type of Event, AZPB and
AZBP FM will provide not less than two (2) secured parking spaces on site for MCSO.
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B.
For Events, AZPB FM will designate a space for MCSO the control room and booking room,
and at least two (2) seats at the unified command post that includes communications.
MCSO will be responsible for equipping the space and for removing its equipment at its
own cost when this Agreement is terminated.
C.
Networking and Technology Infrastructure Planning and Implementation matters will be
addressed in the Stadium Reserve for the Facility.
III. COST and PAYMENT
1.
Personnel
A.
Personnel costs will be charged on a per-hour basis to the nearest quarter of an hour.
Rates that are effective January 1, 2023, are in Exhibit A to this agreement.
1.
The Event Coordinator’s time will include all time spent planning and preparing
for an Event. Because the Event Coordinator is exempt from overtime, charges will not
exceed 40 hours worked in any given week unless the Event Coordinator also works a
holiday.
2.
A minimum of four (4) hours will be charged for each member of MCSO personnel
assigned to each event regardless of whether the MCSO personnel are dismissed after
less than four (4) hours of work. The foregoing notwithstanding, this minimum shall not
apply in the event MCSO personnel is dismissed after less than four (4) hours of work due
to: A) MCSO’s scheduling error, or B) if AZPB or AZPB FM has requested to the Events
Coordinator that an individual be ordered off premise for failing to take corrective action
for negligence of duties, or C) at any time, without charge, has engaged in conduct that
would bring disrepute on AZPB and/or AZPB FM.
3.
The charge per hour for Events held on County-designated holidays will be
double time. County-designated holidays include New Year’s Day, Civil Rights Day,
Presidents Day, Memorial Day; 4th of July; Labor Day, Veterans Day, Thanksgiving Day,
Day after Thanksgiving Day and Christmas Day.
4.
An administrative services charge of 3% will be assess to personnel costs for
each event. This charge will be applied to the monthly invoices issued by the Sheriff’s
Office. This charge will be reduced to an equalizing rate of 2.25% for holiday events
where personnel costs are significantly higher and administrative effort is unchanged.
The cost to administer this contract is not limited to Law Enforcement personnel. This
rate considers time and effort from the following components: administrative support
for the MCSO Events Coordinator; MCSO Business Services, MCSO Finance and Budget;
MCSO Payroll; MCSO Executive Command and County Attorney and Risk Management.
5.
Charges for service outlined in this Agreement are effective January 1, 2023.
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2.
Equipment and Resources
In large Event circumstances, resources and equipment that include but are not limited to extra K-9’s with
handlers, horses (mounted); quads (vehicles), explosive ordnance detection, SWAT, the Bomb Squad
Command Post; and prisoner transport will be preplanned in consultation with the Parties and charged
on a per Event basis.
3.
Payment
AZPB and AZPB FM agree to pay to Maricopa County the rates set forth in the attached Exhibits for
Services performed by the MCSO under this Agreement.
A.
Except as otherwise provided, the County, through MCSO, will invoice AZPB and AZPB
FM monthly for all amounts owing from the previous month and for unpaid amounts from
prior invoices.
1.
Invoices will include the date and name of each event and the cost by category:
Personnel; Administrative Services; Century Link Service Charge and Equipment and
Resources when applicable.
2.
Invoices will be sent via e-mail to: _invoicecapture@concursolutions.com
with a copy to the designated representative at dbacks.com.
3.
Payment is due within twenty (20) days of invoice receipt.
B.
MCSO may accommodate occasional requests from D-Backs for early, separate invoices
associated with extraordinary special events.
[Signatures follow on Next Page]
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IN WITNESS WHEREOF, the parties enter into this Agreement to be effective January 1, 2023.
TEAM
AZPB LIMITED PARTNERSHIP,
MARICOPA COUNTY
A Delaware limited partnership
Board of Supervisors
By: ______________________________
BY: _____________________________
Derrick M. Hall
Chairman
Its: President and CEO
Date: ___________________________
Date: ____________________________
FACILITY MANAGER
ATTEST:
AZPB FM LIMITED PARTNERSHIP
A Delaware limited partnership
________________________________
Clerk of the Board Date
By: ______________________________
Derrick M. Hall
Its: President and CEO
MARICOPA COUNTY SHERIFF’S OFFICE
_________________________________
SHERIFF (or designee) Date
The undersigned attorneys acknowledge that (i) they have reviewed the above Agreement on behalf of
their respective clients and 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.
Counsel to AZPB and AZPB FM
Maricopa County Attorney’s Office
_______________________________
___________________________________
Counsel
Deputy County Attorney
_______________________________
____________________________________
Date
Date
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Personnel Service Charges
Position
HOURLY
RATE
Holiday
Events Coordinator Sworn Lieutenant
(Exempt)
102.92
$
205.87
$
Events Coordinator Sworn Captain
(Exempt)
128.54
$
257.09
$
Sworn Lieutenant (Exempt)
102.92
$
205.87
$
Sworn Supervisor/SGT. (OT Eligible)
128.23
$
170.96
$
Sworn Officer
102.61
$
136.81
$
Detention Officer
57.81
$
77.08
$
Per Event
Holiday Event
MCSO Communications Center Service
320.21
$
426.91
$
Administrative Services (Applied to total
Personnel/Communications Svcs Cost)
3%
2.25%
Item
As Planned and/or Required
K-9
150
$
Per K-9
Mounted (Horses)
200
$
Per Mount
Polaris Ranger
25
$
Per Vehicle
Prisoner Transport
150
$
Bomb Command Post
150
$
SWAT Armored Vehicle
150
$
Specialized High Tech Equipment
150
$
Stand By Command Center
500.00
Recurring Monthly Cost:
Century Link Fee for Ethernet Circuit Cost Reimbursement
$385*
*Subject to increase--during CY 2023
Exhibit A
Law Enforcement Service Charges
Calendar Year 2023
January 1, 2023 through December 31, 2023
Equipment and Resource Charges If Used Per Event
Rate