CAREFREE AGREEMENT 2023 RENEWALRV2.PDF
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AGREEMENT FOR LAW ENFORCEMENT SERVICES
BETWEEN THE TOWN OF
CAREFREE
AND
MARICOPA COUNTY
on behalf of the Sheriff’s Office
C-50-___—0__-X-00
July 1, 2023 through June 30, 2026
With One, Three-Year, Automatic Renewal
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TABLE OF CONTENTS
SECTION
Page
I.
General Provisions
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A.
Definitions
B.
Legal Notices
C.
Term of the Agreement
D.
Automatic Renewal
E.
Amendments
F.
Termination
G.
Insurance
H.
Indemnification
I.
Record Keeping and Audits
J.
Construction of Agreement
II.
Services
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A.
Service Provision
B.
Establishment of Service Priorities
C.
Maintenance of Sheriff’s Substation
D.
Community-Based Policing
E.
Chain of Command and Responsibility for Performance Standards
F.
Reports and Information
III.
Reimbursement Costs and Charges
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A.
Reimbursement for Law Enforcement Services
B.
Annual Review of Costs
C.
Explanation of Charges
D.
Payment
E.
Cost of Incarceration
IV.
Authorization and Signature
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Exhibit A Worksheet - Cost Detail
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Agreement for Law Enforcement Services
between Town of Carefree
and Maricopa County
on behalf of the Sheriff’s Office
C-50-_____-____-X-00
THIS INTERGOVERNMENTAL AGREEMENT FOR LAW ENFORCEMENT SERVICES (this
“Agreement”) is made and entered into ____________, 2023 between the Town of Carefree, an Arizona
municipal corporation (“Carefree,” or “Town”) and Maricopa County, a political subdivision of the State
of Arizona (the “County”) on behalf of the Maricopa County Sheriff’s Office (“MCSO”).
RECITALS
WHEREAS, Carefree has the authority, pursuant to the laws of the State of Arizona, to provide for
public health, safety, and the welfare of the people and property within its corporate boundaries, including,
but not limited to police protection; and
WHEREAS, Maricopa County has provided continuous contracted Law Enforcement Services for
the Town of Carefree for many years and the current contract will expire June 30, 2023; and
WHEREAS, Carefree has neither the trained personnel nor the facilities to provide for Law
Enforcement Services, as defined herein, and desires to enter into this Agreement with Maricopa County
whereby the Maricopa County Sheriff’s Office will provide Law Enforcement Services to Carefree; the
following terms and conditions are provided.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by
reference, the promises and covenants set forth below, and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows:
I.
GENERAL PROVISIONS
A.
Definitions
As used throughout this Agreement, the following terms shall have the meanings set forth
in this Section:
Agreement means this document and all attachments hereto.
Annual Cost Notification Letter means the letter from the MCSO to the Town
Administrator that is issued by February 20 of each year with the updated Worksheet
Exhibit A. indicating the costs for the next fiscal year.
Automatic Renewal Period means the period of time following the Initial Term of this
Agreement as established in Section D. below whereby this Agreement automatically
renews for another term if neither party has provided notice to discontinue.
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Basic Law Enforcement Services means patrol, responses to emergency calls, incident
response, calls for service responses, arrests of suspects, dispatch and communications
services, crime investigations, community crime prevention and awareness programs and
activities, and vacation watch.
Beat means the basic increment of Law Enforcement Services used in determining service
levels and cost. One beat = 1 deputy posted 24 x 7. One beat of patrol service requires
five (5) Law Enforcement Officer FTE to staff plus corresponding FTE increments from
the FTE staffing requirements, plus corresponding facilities, vehicles, equipment, supplies,
technology, and dispatch communications services.
Board means the Maricopa County Board of Supervisors or “BOS.”
Calendar Year means a twelve-month period beginning January 1 and ending December
31.
Complaint means an allegation of employee misconduct. The complaint may be made
verbally or in writing, in person, by phone, by mail, or online; and may be by the individual
complainant, someone acting on the complainant’s behalf or anonymously; and with or
without a signature.
Contracted Level of Service means the number of beats or fractions of beats, optional
staffing and the component resources that support the Agreement and are incorporated in
Worksheet Exhibit A.
County means Maricopa County, a political subdivision of the State of Arizona.
Day means calendar day.
Deputy means sworn Law Enforcement Officer (LEO) for the Maricopa County Sheriff’s
Office and can also be referred as “Detective”; “School Resource Officer”; and “Traffic
Enforcement Officer.”
District means MCSO designated regional sub-division for County Law Enforcement that
is supported by a sub-station or sub-stations depending on the size.
District Commander means the Captain or designated Commander with rank of
Lieutenant or higher of the Sheriff’s District Office or substation located within the
corporate limits of Carefree from which Law Enforcement Services for this Agreement are
conducted.
Fiscal Year means a twelve-month period beginning July 1 through June 30.
FTE (full time equivalent) is a standard measure of unit for budgeted personnel that
makes workloads comparable across the organization.
FTE Staffing Requirements means the calculated allocation of FTE per market range
title/position per “unit” (e.g., beat, position type) required to staff one Beat of service for
basic law enforcement service.
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Indirect Cost Recovery means a predetermined percent applied to this contract’s direct
service costs to recover MCSO general administrative services costs such as Human
Resources; Budget and Finance; Procurement; Executive Administration; Professional
Standards Bureau, Sworn Officer Training; Risk Management; Fleet Management; and
certain technology costs, which are not covered elsewhere in this Agreement.
Initial Term shall have the meaning set forth in Section I, Subsection C, below.
Non-Renewal Notice means an official communication by either party to the other party
by April 15 of the last year of the Initial Term stating they do not desire the automatic
renewal term to take effect.
Optional Law Enforcement Services means continuing additional positions requested
by the Town for service beyond the FTE Staffing Requirements for Basic Law
Enforcement Service, and generally limited to contracts of one beat of service or more.
Examples include traffic deputies, School Resource Officers, Community Policing
Deputies, Crime Analysts, supplemental Clerical, and additional supervisory positions.
Other Law Enforcement Services means supplemental and/or specialized law
enforcement resources that are available within MCSO and deployed as necessary in
special situations or that occur daily and are not included in Worksheet Exhibit A.
Examples include Aircraft—helicopter and drones; Bomb Squad, Canine, Command
Posts; Counter Terrorism; Crime Lab; Mounted Patrol; Posse Coordination; Property and
Evidence; Special Investigations Division; Specialized Weapons and Tactics (S.W.A.T.);
Traffic Enforcement methods and Accident Investigations; required Arizona Peace Officer
Standards Training to maintain certifications, Records and ID, and Prisoner Transport.
Report means a regular (monthly, annual) Sheriff’s Office communication that includes
calls for service, crime, criminal activity, arrests, response times in report format to the
Town compared with information and crime statistics from previous periods.
MCSO means the Maricopa County Sheriff and those functions, activities and facilities
for which the Sheriff has mandated responsibility.
Staffing Allocation Factor means the FTE to staff one of three types of posts: 24-hour
/7-day post (5 FTE); 8-hour/ 7-day post (1.67) FTE; and 8-hour/5-day post (1.19) FTE.
Town means the Town of Carefree, an Arizona municipal corporation.
Town Administrator means the Town Administrator of the Town of Carefree, or Town
Administrator’s authorized designee.
Town Council means the Mayor and Town Council of the Town of Carefree.
Transitional Start Up Phase means any time period up to 12 months between when the
Agreement or an amendment to the Agreement to increase services is approved through
the time that contracted level of service and equipment is attained or stabilized.
Worksheet (Exhibit A) means the annualized cost detail information page(s) for the
contracted level of service that is updated annually and is the basis for monthly billing
amounts.
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B.
Legal Notices
Any notice or other communication required or permitted to be given under this Agreement
shall be in writing and shall be deemed to have been duly given if (1) delivered to the party
at the address set forth below, (2) deposited in the U.S. Mail, registered or certified, return
receipt requested, to the address set forth below or (3) given to a recognized and reputable
overnight delivery service, to the address set forth below:
If to the County:
Jen Pokorski, County Manager
Maricopa County
301 W. Jefferson, 10th Floor
Phoenix, Arizona 85003
Jen.Pokorski@Maricopa.gov
If to the Sheriff’s Office:
Paul Penzone, Sheriff
MCSO
550 W Jackson, Fifth Floor
Phoenix, Arizona 85003
Russ Skinner, Chief Deputy
MCSO
550 W Jackson, Fifth Floor
Phoenix, AZ 85003
James R Prindiville, Exec Chief Financial Officer
MCSO
550 W. Jackson, Fifth Floor
Phoenix, Arizona 85003
JamesPrindiville@mcso.maricopa.gov
If to the Town:
John Crane, Mayor
Town of Carefree
Carefree Town Hall
8 Sundial Circle
Carefree, AZ 85377
Gary Neiss, Town Administrator
Town of Carefree
Carefree Town Hall
8 Sundial Circle
Carefree, AZ 85377
e-mail: gary@carefree.org
or at such other address, and to the attention of such other person or officer, as any party
may designate in writing by notice duly given pursuant to this Section. Notices shall be
deemed received (1) when delivered to the party, (2) three business days after being placed
in the U.S. Mail, properly addressed, with sufficient postage or (3) the following business
day after being given to a recognized overnight delivery service, with the person giving the
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notice paying all required charges and instructing the delivery service to deliver on the
following business day. If a copy of a notice is also given to a party's counsel or other
recipient, the provisions above governing the date on which a notice is deemed to have
been received by a party shall mean and refer to the date on which the party, and not its
counsel or other recipient to which a copy of the notice may be sent, is deemed to have
received the notice.
C.
Term of the Agreement
This Agreement shall become effective July 1, 2023 (the “Effective Date”) following
approval by the Town Council and the Board. This Agreement shall remain in full force
and effect from the Effective Date through June 30, 2026 (the “Initial Term”), unless
terminated pursuant to Section I, Subsection F. or continued through automatic renewal
pursuant to Section I, Subsection D of this Agreement.
This Agreement can be extended past the three-year automatic renewal term by
Amendment approved by the Parties prior to the automatic renewal end date (6/30/2029).
D.
Automatic Renewal
This Agreement will automatically renew for one, three-year following the initial
term, with all the terms of this Agreement in effect, unless renegotiated or
terminated pursuant to Section I, Subsection F below.
E.
Amendments
This document contains the entire Agreement of the parties and cannot be changed orally.
Any changes or modifications of this Agreement must be in the form of a written
amendment (1) approved by the Town Council and the Board and (2) signed by both
parties.
F.
Termination
1.
Non-Renewal Notice. Either Party shall have the right to exercise non-renewal of
this Agreement by sending a Non-Renewal Notice to the other party not later than
April 15 of the last year of the initial term (2026).
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Without Cause. Either party shall have the right, upon twelve (12) months
written notice to the other party, to terminate this Agreement without cause.
3.
Uncured Breach. 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 ninety (90) days after 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.
G.
Insurance
The parties agree 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,
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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 available under any such
self-insurance program shall be equal to or greater than the required minimum coverage
amounts set forth below. The parties to this Agreement shall exchange certificates of
insurance or self-insurance.
1.
General:
a.
Maricopa County is self-insured and any claims for which Maricopa
County is found legally liable are paid under the Declaration of Trust for
Maricopa County, Arizona Self-Insured Risk Trust Fund, adopted January
14, 2015. Maricopa County has no legal right to extend or
convey “Additional Insured” status to the Town.
b.
Coverage Term: All insurance required herein shall be maintained in full
force and effect until all Law Enforcement Services required to be
performed under the terms of this Agreement are satisfactorily performed.
c.
Primary Insurance: County’s insurance shall be primary insurance with
respect to performance of the Law Enforcement Services included in this
Agreement and in the protection of Town as an Additional Insured.
d.
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.
2.
Required Insurance Coverage:
a.
Public Entity Liability: County shall maintain public entity liability
coverage for bodily injury and property damage with an unimpaired limit
of not less than $5,000,000 for each occurrence; no aggregate limit. The
policy shall cover liability arising from premises/operations and personal
injury.
b.
Automobile Liability: The 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.
c.
Workers’ Compensation Insurance: County shall maintain Workers’
Compensation 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 and shall
also maintain Employer’s Liability Insurance of $2,000,000 for each
accident, $500,000 disease for each employee and $2,000,000 disease-
policy limit.
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3.
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 the Town.
4.
Limitation on Insured Liability. The County shall only be liable for such claims,
losses, damages or injuries that result from negligent actions or misconduct related
to Law Enforcement Services by the Sheriff’s Office as contemplated by this
Agreement.
H.
Indemnification
l.
Mutual Indemnity. To the extent permitted by law and notwithstanding any
liability insurance or other conditions of this Agreement, each party hereby
covenants and agrees to indemnify, defend and hold harmless the other party, its
officers, employees, contractors and agents for, from and against all suits, actions,
legal or administrative proceedings, claims, demands or damages of any kind or
nature relating to this Agreement which are the result of any act or omission of the
party, its officers, employees, contractors, agents and/or anyone acting under its
direction or control whether intentional or negligent, in connection with or
incidental to this Agreement.
2.
Sheriff’s Office Actions. The Town shall not indemnify, defend or hold harmless
the County, but the County shall indemnify the Town, for any suits, actions, legal
or administrative proceedings, claims, demands or damages of any kind or nature
brought against the County as a result of any act or omission of the Sheriff’s Office
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 the Town, 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.
I.
Record Keeping and Audits
1.
Required Records. The parties agree to maintain and furnish to each other such
records and documents pertaining to the Law Enforcement Services provided
pursuant to this Agreement as may be required by applicable Federal and State
laws, rules and regulations.
2.
Audit. Each party, prior to conducting an audit, must give thirty (30) calendar
days’ notice to the other party. If the audit indicates that fees or billable items have
been charged incorrectly, each party agrees to make appropriate corrections and
adjustments.
Audit requests will be limited to information that does not exceed three most recent
fiscal years closed.
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J.
Construction of Agreement
1.
Superseding Prior Agreements. This Agreement replaces and supersedes any
existing Agreement for Law Enforcement or Enforcement Communications
Services between the two parties, the most recent being that certain Agreement for
Law Enforcement Services between the parties signed June 1, 2017, BOS #C-50-
17-096-3-00, amended April 25, 2019, (BOS #C-50-17-096-3-01).
2.
Severability. Every provision of this Agreement is and will be construed to be a
separate and independent covenant. If any provision in this Agreement or the
application of the same is, to any extent, found to be invalid or unenforceable, then
the remainder of this Agreement or the application of that provision to
circumstances other than those to which it is invalid or unenforceable will not be
affected by that invalidity or unenforceability. Each provision in this Agreement
will be valid and will be enforced to the extent permitted by law and the parties
will negotiate in good faith for such amendments of this Agreement as may be
necessary to achieve its intent, notwithstanding such invalidity or unenforceability.
3.
No Waiver; No Accord or Satisfaction. 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 any that may be due and owing at any
time shall not be construed as an accord and satisfaction.
4.
Entire Agreement. This Agreement contains all the terms and conditions agreed
to by the parties. No other understanding, oral or otherwise, regarding the subject
matter of this Agreement shall be deemed to exist or to bind any of the parties
hereto. Nothing in this Agreement shall be construed as consent to any suit or
waiver of any defense in a suit brought against the State of Arizona, Maricopa
County, or the Town of Carefree in any State or Federal Court.
5.
Counterparts. This IGA is effective when signed by the Parties. 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.
6.
Governing Law, Dispute Resolution, and Jurisdiction. This Agreement shall be
interpreted in accordance with Arizona law. Any litigation arising from the
agreement, or the performance thereof will be decided in the federal or state courts
of Maricopa County unless otherwise agreed to between the Parties. The laws of
the State of Arizona shall govern the construction and interpretation of this IGA.
This Agreement is subject to the provisions of A.R.S. § 12-1518 relating to the use
of arbitration.
7.
Compliance with Civil Rights. The Parties to this Agreement agree to comply
with A.R.S. Title 41, Chapter 9 (Civil Rights), Arizona Executive Order 2009-09,
and any other federal or state laws relating to equal opportunity and non-
discrimination, including the Americans with Disabilities Act. No Party shall
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engage in any form of illegal discrimination with respect to applications for
employment or student status or employees or students.
8.
No Joint Venture. It is not intended by this Agreement to, and nothing
contained in this Agreement shall, be construed to create any partnership,
joint venture, or employment relationship between the Parties or create any
employer-employee relationship between the Parties’ employees. Neither
Party shall be liable for any debts, accounts, obligations, or other liabilities
whatsoever of the other Party, including, but without limitation, the other
Party's obligation to withhold Social Security and income taxes for itself or
any of its employees.
Parties acknowledge that under this IGA no employee of the Town is to be
considered a County employee, and that no rights of County merit, County
retirement, or County personnel rules shall accrue to such individual. The Town
shall have total responsibility for all salaries, wages, bonuses, retirement,
withholdings, workman's compensation, occupational disease compensation,
unemployment compensation, other employee benefits, and all taxes and
premiums appurtenant thereto concerning such individuals and shall save and
hold MCSO harmless with respect thereto.
9.
Independent Contractors. For purposes of A.R.S. § 31-121(d), the Sheriff’s Office
and its employees shall be considered to be peace officers engaged as independent
contractors, not as employees, of the Town while performing the responsibilities
imposed by this Agreement.
10.
Cancellation for Conflict of Interest. This Agreement is subject to the provisions
of A.R.S. § 38-511. (Cancellation of political subdivision and state contracts.)
11.
E-Verify. The parties mutually warrant that they are in compliance with A.R.S. §
41-4401 and further acknowledge that they and their subcontractors, if any,
warrant their compliance with A.R.S. § 41-4401, and all federal immigration laws
and regulations that relate to their employees and their compliance with A.R.S. §
23-214, subsection A and shall keep a record of the verification for the duration of
the employee’s employment or at least three years, whichever is longer.
12.
Scrutinized Business Operations. The parties certify that they do not have
scrutinized business operations in either Sudan or Iran, per A.R.S. § 35-391.06 and
35-393.06.
II.
SERVICES
The Sheriff’s Office shall provide Law Enforcement Services at the level of patrol beats set forth
in the Worksheet (Exhibit A for FY 2024), attached hereto as and incorporated herein by reference.
Contracted service levels are supported by quantitative and qualitative data such as population,
crime, number of calls for service, call for service response times and proximity to MCSO
substation for backup support. MCSO will deploy its resources in the safest and most efficient
way. Requests for changes in service levels will only be considered with optional additional
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service items or sustained quantifiable reductions in demand indicators such as
population, calls for service, and crime rates.
A.
Service Provision
1.
Scope of Services. The County, by and through the Sheriff’s Office, shall provide
the Law Enforcement Services described in this Agreement within the
incorporated limits of the Town. The Sheriff’s Office shall have responsibility for
investigating and enforcing certain Town code violations that directly impact
public safety and that fall within the definition of Law Enforcement Services set
forth above. The Town Administrator and the District Commander shall establish
between themselves the Sheriff’s Office duties and responsibilities pertaining to
the Town code violations, animal control issues and other local enforcement
services that fall within the definition of Law Enforcement Services.
2.
Response Times. Deputy response to calls for service will be provided twenty-
four (24) hours per day, seven (7) days per week. Patrol deputies shall be
physically within the Town’s jurisdiction. The level of contracted service provided
for in this Agreement shall allow management of dispatch and deputy response
times for Emergency Priority 1 Calls as follows:
a.
Emergency Priority 1 Calls shall be answered within sixty (60) seconds.
The dispatch time shall be measured from the point at which the call is
answered to the time the dispatcher initiates radio notification to the
deputy assigned to respond. Any dispatch taking more than sixty (60)
seconds to complete shall be documented, and reports shall be made
available to the Town upon request.
b.
It is the goal of the office to have a deputy on scene responding to
Emergency Priority 1 Calls from the MCSO Dispatch within five (5)
minutes or less. Details on Emergency Priority I responses taking longer
than five (5) minutes to arrive on scene after dispatched will be furnished
by the Sheriff’s Office upon request from the Town.
c.
It is mutually understood that the outcome for on-scene deputy response,
as outlined in 2.b., above, is impacted when contract staffing levels are
less than 1 full beat of service. This contract is .30 of one beat.
d.
Parties acknowledge that the MCSO’s special response resources
shall be deployed within the Town, when necessary, as determined
by the Sheriff, for public safety. Such resources include:
Aviation (Helicopter and Drones)
Reserve and Posse Coordination and Resources
Specialized Response (K-9 Units, Technical Operations
Unit(s), Special Vehicles)
Command Posts
Specialized Weapons and Tactical Response (SWAT
3.
Citation in Town Court. Misdemeanors, traffic infractions and civil violations
occurring within the corporate limits of the Town shall be cited in the Town’s
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Magistrate Court. There should be a rational nexus between monthly reporting by
the Sheriff’s Office and Citations into the Town Court.
B.
Establishment of Service Priorities
1.
Personnel Utilization. District personnel shall be utilized in the most efficient
manner to meet the needs of the Town, as determined by the District Commander.
2.
Setting Priorities. The District Commander and the Town Administrator or
authorized designee shall meet at least once each quarter to establish priorities for
the delivery of Law Enforcement Services as desired by the Town. Priorities shall
be communicated through the appropriate Sheriff’s Office chain of command to
the patrol units providing Law Enforcement Services within the Town’s
jurisdiction.
3.
Criminal Activity Increases. If the Sheriff’s Office, acting through the District
Commander in consultation with the Town Administrator, observes that criminal
activity is dramatically increasing in the Town, the Sheriff’s Office may
temporarily deploy support units as deemed reasonably necessary to suppress such
activity. Increases and decreases in supplemental service will be supported by
relevant crime data. Short term deployments of additional resources will be at no
additional cost to the Town. Longer term deployments (in excess of three months)
will be subject to cost reimbursement via an amendment to this Agreement.
Charges for additional services shall incorporate the same methodology described
in Section III of this Agreement and shall be pro-rated as necessary. The parties
agree and understand that the length of time to establish and hire new positions can
be up to nine (9) months.
4.
Changes to Service Levels. Amendments to change the service levels in this
Agreement shall be made in accordance with Section I, Subsection E above.
Implementation of service level increases can take several months.
C.
Maintenance of Sheriff’s Substation
The sub-station from which this contract is managed is located in the Town of Cave
Creek. The Town’s share of the cost is explained in Section III.B.2.d. of this Agreement.
D.
Community-Oriented Policing
The District Commander shall ensure that policies and procedures are in place and
implemented within the corporate limits of Carefree consistent with the philosophy of
Community-Oriented Policing, which combines traditional aspects of law enforcement
with preventive measures, problem-solving, Community engagement and Community
partnerships.
E.
Chain of Command and Responsibility for Performance Standards
1.
Town Administrator Responsibilities. The Town Administrator or authorized
designee is responsible for coordinating all Law Enforcement Services within the
Town as well as conveying the wishes of the Town Council to the District
Commander with respect to Law Enforcement Services. While the Town
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Administrator or authorized designee shall have no chain of command authority to
direct the operations of the deputies from the Sheriff’s Office, such authority being
reserved to the Maricopa County Sheriff pursuant to Section II, Subsection E (2),
below, the parties to this Agreement understand that the Town expects the Sheriff’s
Office to reasonably respond to its needs for Law Enforcement Services as
communicated through the Town Administrator or authorized designee. The
District Commander shall, at all times, consider the request of the Town
Administrator or authorized designee with respect to the implementation of Law
Enforcement Services.
2.
Deputy Performance. The Maricopa County Sheriff is solely responsible for the
performance, evaluation discipline and movement of MCSO personnel as well as
other matters incidental to the provision of the Law Enforcement Services under
this Agreement. In the event of a dispute between the parties regarding the manner
of performance of such service, the determination made by the Maricopa County
Sheriff shall be final and conclusive.
3.
Citizen Complaints. MCSO employees are trained to consistently perform their
duties with professionalism and accountability. Citizen Complaint and Comment
Forms are available from deputies, on-line, and from the District Facilities.
Complaints will be processed through the MCSO according to policy.
4.
Removal of Assigned Staff. The Town, acting through the Town Administrator
shall have the right to request in writing that any staff assigned to service within
the Town by the Sheriff’s Office be reassigned or otherwise removed from service
within the Town. When such a request is made, the Sheriff’s Office shall comply
as soon as reasonably practical, but in any case, within no more than three weeks
after such request is made.
F.
Reports and Information
1.
Reporting. This Law Enforcement Services Agreement is limited to law
enforcement service delivery and the management thereof. The terms of this
Agreement provide for basic reporting as defined in Section I, Subsection A,
above. Reports will be presented consistent with current MCSO reporting
technology and reporting formats.
2.
Information Requests. The Town Administrator may request additional law
enforcement service information that is not included in the reports by sending a
written request to the MCSO Executive Chief of Enforcement or to the Chief
Deputy.
3.
Financial/Administrative Information. Requests from Town officials for financial
and other administrative information that are not applicable to day-to-day law
enforcement service will be in writing and directed to the MCSO Executive Chief
Financial Officer.
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III.
REIMBURSEMENT COSTS AND CHARGES
A.
Reimbursement for Law Enforcement Services
1.
Worksheet to Determine Reimbursement Amount. The Town agrees to reimburse
the Sheriff’s Office for all Law Enforcement Services rendered as outlined in the
attached Worksheet (Exhibit A) for the first year of this Agreement (July 1, 2023,
through June 30, 2024).
a.
The Worksheet (Exhibit A) template and calculation methodology is used
for all MCSO contracted law enforcement service with Cities and
Towns.
b.
Changes to the level of service effected by Amendment will result in a
new annualized Worksheet (Exhibit A) showing the impact of the
change for implementation coincidental to the effective date.
.
i.
Effective dates for implementation will be 90 to 180 days
following governing body approval.
ii.
The Town will be charged 1/12 the new annualized rate effective
with implementation.
iii.
If MCSO is unable to provide increased resources for increased
services by the implementation date, parties will agree on a new
date and the increase to the monthly amount payable will be
delayed or pro-rated, accordingly.
B.
Annual Review of Costs.
The reimbursement costs for this Agreement are reviewed and revised on an annual basis.
The Sheriff’s Office recognizes the Town’s need to have information early for its budget
and planning process.
1.
Annual Cost Notification. By February 20 of each year that falls within the term
of this Agreement, or any extension thereof, the Sheriff’s Office will provide the
Town Administrator an updated Worksheet (Exhibit A) that indicates the
calculated annualized amount for Law Enforcement Services for the coming
fiscal year.
a.
Unforeseeable and unavoidable cost increases effective with the coming
fiscal year but unknown at the time of the February 20 issuance of
Worksheet (Exhibit A), may only be passed through to the Town pursuant
to an amendment to this Agreement.
b.
Explanation of Cost Changes. An explanation of cost variances by
Worksheet Exhibit A. section from the current fiscal year will be
incorporated in the Annual Cost Notification.
16
2.
The MCSO, the County or the Town cannot arbitrarily change costs. Each
annual preparation of the Worksheet Exhibit A. shall employ consistent
methodology applicable to all Sheriff’s Office contract cities and towns.
The annual office-wide general fund vacancy rate from the previous fiscal
year ended may be applied to the next annual Worksheet Exhibit A. Special Pay
section when continuous vacancies result in unfilled posts and extraordinary
overtime across the MCSO Patrol Districts. An extraordinary, sustained vacancy
rate would be greater than 8%.
C.
Explanation of Charges
The Sheriff’s Office annual Worksheet (Exhibit A) shall be beat-driven and prepared with
the following sections:
l.
Personnel Services. The premise for the methodology used for calculating
Personnel Services is cost recovery using FTE (full-time equivalents) that align
with the contracted level of service.
a.
Annual full-time hours per FTE (full time equivalent) are 2088.
b.
Average Hourly Base Pay: The MCSO Patrol district-wide hourly
regular pay average by market range title for the current fiscal year.
c.
The Variable Benefits Rate Charge (retirement system, FICA, Medicare)
using the retirement system applicable to the position type, is the current
fiscal year rate.
d.
The Fixed Benefit (Health Care costs) amount is the current year fixed
benefit annual cost.
e.
Workers’ compensation and unemployment are employer payroll
expenses allocated per FTE.
f.
The Staffing Requirements applicable to MCSO’s contracted law
enforcement and this Agreement are as follows:
1 beat = 7 day coverage per week, 24 hours per day with five (5) FTE
deputies. The staffing requirements are:
Market Range Title/
Position
FTE
Allocation
Allocation Unit
# of Units
This Contract
Patrol Deputies
(LEO)
5
Beat
0.30
1.50
Detectives (LEO)
0.5
Beat
0.30
0.15
Sergeant
1
LEO's
8
0.27
Lieutenant
1
LEO's
18
0.12
Captain (LEO
Commander)
1
LEO's
30
0.07
Clerical/Admin Assist.
0.14
Beat
0.30
0.04
FTE Staffing Requirements
17
*Contracts with 1 beat of service or more may be expanded at the Towns
request for funding additional supervisory, specialized deputies, and/or
clerical positions beyond the beat-driven calculation. Such requests, when
approved by Amendment, are incorporated in Part l, Personnel Services,
of the Worksheet (Exhibit A).
g.
The Dispatcher/Communications allocation is determined by the previous
year’s number of calls for service/incidents that occurred applied as a
percent to Dispatch Costs that is converted to an FTE. This allocation is
calculated annually.
h.
The Staffing Allocation Factor represents the basic staffing requirement
(including required coverage and shift relief factors) in a single beat. The
Staffing Allocation Factor is determined according to the time period of
each post within a beat (i.e., 24 hours per day, seven days per week vs.
eight hours per day, five days per week) on an organization-wide basis,
which is then applied to all positions necessary to provide the Law
Enforcement Services to the Town. The Staffing Allocation Factor to be
applied in this Agreement is:
Staffing Allocation Factor
24 hour / 7 day post
5.00 FTE
8 hour / 7 day post
1.67 FTE
8 hour / 5 day post
1.19 FTE
i.
Special Pay
1.
Overtime
Overtime cost recovery is calculated using actual overtime cost
from the previous fiscal year closed plus current variable
benefits by District to arrive at an annual cost per sworn eligible
FTE.
2.
Shift Differential
Shift Differential cost recovery is calculated using actual
differential from the previous fiscal year closed by District plus
current year variable benefits to arrive at an annual cost per
sworn eligible FTE.
3.
Regular Over Budget
Regular Over Budget cost recovery is calculated by multiplying
the new base rates in the worksheet by 24 (hours) by 10 holidays
plus the current benefit rate for a cost per beat. That cost is
divided by the number of contracted sworn FTEs for a cost per
FTE.
18
2.
Supplies.
a.
Supplies cost recovery is calculated using actual supplies cost downloaded
from the financial accounting system for District for the previous fiscal
year closed. An annual cost per FTE is calculated and multiplied by
the number of FTE assigned from Worksheet Exhibit A “positions.”
b.
Ammunition cost recovery uses a four-year average actual ammunition
cost (this includes taser cartridges) and divides it by the current year
number of MCSO sworn FTE for a cost per FTE. That amount is then
multiplied by the number of FTE for sworn positions on Worksheet
Exhibit A.
c.
Uniform Allowance is the annual amount provided each sworn officer to
maintain a uniform and is charged by FTE.
d.
Rent and utilities charges are per FTE and are based on actual rent and
utilities costs from the previous fiscal year in District IV for the District
substation divided by the number of FTE in District IV.
3.
Communications and Information Technology. Sophisticated and costly
information and communications systems are used in everyday MCSO law
enforcement operations. Cost recovery includes but is not limited to system
hardware and software maintenance and licenses, technology supplies, monthly
service, data charges, information system connection fees, and data storage fees.
This Part of the Worksheet is comprised of several components:
a.
Information System Service Charge: The Town’s charge is calculated by
taking its percent of the previous year’s Patrol expense (using the
contracted total as the numerator) and applying it to the calculated amount
of technology system hardware and software licensing and maintenance
expense attributed to patrol.
b.
Monthly Radio Charges: The monthly charges per FTE (1 per) and per
vehicle (2 per) are per device calculated by Maricopa County Wireless and
based on the number of system users.
c.
Monthly Deputy Laptop Charges: The monthly deputy laptop data mobile
data charges are per device and based on the number of system users.
d.
Monthly I-phone charges are per device based on number system users.
Wiring installations and upgrades for MCSO designated space owned by the
Town. Costs incurred by MCSO for technology wiring installations, wiring
upgrades, voice or data communications connections, device docking stations,
charging stations, radio communications base stations and computing equipment
purchased for use in MCSO occupied spaces furnished by Town, either explicit or
implicit to this Agreement, will be recovered.
19
4.
Vehicle Charges.
Vehicle depreciation and vehicle equipment charges fund continuous replacement
of patrol vehicles through the County’s vehicle replacement plan. Maintenance of
vehicles is the responsibility of the MCSO.
a.
The current vehicle and vehicle equipment cost will be used to determine
vehicle depreciation and equipment depreciation amounts. The expected
life of vehicles is 125,000 miles and expected life of vehicle equipment
is 343,750 miles.
b.
The annual number of miles driven will be used in determining charges
for vehicle mileage, vehicle depreciation, and vehicle equipment
depreciation.
c.
Actual miles for the District from Fleet Management system reports from
the previous fiscal year are used in Worksheet Exhibit A.
d.
Per Mile Rates
•
The Per Mile Rate for mileage charge is the average cost per mile for
the previous fiscal year for all patrol vehicles.
•
The Per Mile Rate for Vehicle Depreciation is the current cost of a
vehicle with warranty divided by the established lifetime miles.
•
The Per Mile Rate for Equipment Depreciation is the current cost of
vehicle equipment divided by the number of established lifetime
miles.
5.
One-Time Costs
MCSO is obligated to recover costs from the Town for equipment replacement or
for new equipment items that are necessary to support the contracted level of Law
Enforcement Service and are not otherwise funded in the Sheriff’s operational
budget.
a.
The Town will be required to fund one-time reimbursement for the initial
purchase of vehicles and patrol vehicle equipment (lights; sirens; push
bars—not MDCs or radios) upon initiation of service and for any vehicles
and patrol vehicle equipment purchased to meet contracted increases in
levels of service authorized by Amendment(s) to this Agreement.
Subsequent vehicle and vehicle equipment replacements shall be funded
by the County as provided in Section III, Subsections B (4) of this
Agreement, and not by the Town.
b.
The Town will be required to fund the costs of items necessary to equip
contract positions upon initiation of service and for any positions
associated with increases to service by Amendment. Examples of such
items are radios (for sworn personnel and vehicles), computers, mobile
data terminals for vehicles, e-ticketing equipment for vehicles, Tasers
20
and accessories, radar guns, body cams, service weapons, body armor,
and cell phones.
c.
Reimbursement costs for replacement of equipment items listed in b.,
above, will occur in conjunction with the annual updating of Worksheet
(Exhibit A) as provided for in Section III, Subsection B. of this
Agreement. Any replacement cost reimbursement that is not included in
the annual updating will be handled by amendment as provided for in
Section III, Subsection B.1.a. of this Agreement.
d.
All one-time and replacement equipment items regardless of funding
source, shall be County property.
e.
Maintenance of vehicles is the responsibility of the Sheriff’s Office.
6.
Indirect Cost Recovery. A 3% administrative service charge will be applied to
operating costs, excluding one-time items to help recover a portion of
administrative support costs that are not recovered elsewhere in the Worksheet as
named in the Definitions Section of this Agreement.
D.
Payment
1.
The Town agrees to pay the total amount listed on Worksheet Exhibit A for FY
2023-24 for Law Enforcement Services rendered and at the rate agreed to by the
parties (via the Worksheet) and at the rates established each year thereafter.
Payment for Law Enforcement Services for each year of this Agreement including
the automatic renewal will be made monthly in twelve (12) equal installments
(1/12 of the annualized cost) on or before the 20th day of each month, beginning
with the first month of the Initial Term.
2.
Payment for increases in Law Enforcement Services authorized by Amendment to
this Agreement shall commence per the terms of the Amendment and shall be
applied to regular monthly payments unless otherwise specified by Amendment.
3.
Payment to reimburse the initial purchase of one-time items described in Section
III, Subsection B. (5), above, shall be billed separately as one-time
reimbursements.
E.
Cost of Incarceration
Nothing in this Agreement shall alter the financial responsibilities of the Town and the
County for the incarceration of prisoners arrested by the Sheriff’s Office in the performance
of its responsibilities hereunder.
[Signatures follow on next page.]
21
IV.
Authorization and Signatures
Carefree has the authority to enter into this Agreement pursuant to A.R.S. §9-498 and §11-952, and
the County has the authority to enter into this Agreement pursuant to A.R.S. §§11-951 et seq.
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the date of the last
signature set forth below.
TOWN OF CAREFREE,
MARICOPA COUNTY
an Arizona Municipal Corporation
a political subdivision of the
State of Arizona
BY:
BY:
Date
Date
Mayor
Chairman, Board of Supervisors
Mayor
ATTEST:
ATTEST:
Town Clerk
Date
Clerk of the Board
Date
MARICOPA COUNTY SHERIFF’S OFFICE
BY:
Paul Penzone
Sheriff
Date
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.
Town Attorney
Date
Deputy County Attorney
Date
22
EXHIBIT A
TO
INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE TOWN OF CAREFREE
AND
MARICOPA COUNTY
[Cost Detail]
See following pages.
23
Worksheet Exhibit A.
BEATS
0.30
Operating
566,358.42
$
3% Indirect
16,990.75
One Time
0.00
Total Contract Cost
583,349.17
$
Part 1. Personnel Services
511,862.58
$
Annual Hours Budgeted
2088
Position
FTE
Allocations
Average Hourly
Base Pay
Hourly
Variable
Benefits
Rate Charge
Hourly
Average
Base Plus
Variable
Benefits
Fixed
Benefit
Annualized
Patrol Beat Deputies (LEO)
1.50
$34.31
84.42%
$63.27
$13,632
218,607.13
$
Supplemental Traffic Enforcement--
40 hrs. per week October 1 through
March 31 (LEO)
0.50
$34.31
84.42%
$63.27
$13,632
72,869.04
$
Detectives (LEO)
0.15
$33.98
84.42%
$62.66
$13,632
21,669.06
$
Sergeants
0.27
$45.11
84.42%
$83.19
$13,632
50,346.67
$
Lieutenants
0.12
$54.07
84.42%
$99.72
$13,632
26,621.88
$
Captain
0.07
$68.81
84.42%
$126.90
$13,632
19,502.53
$
Clerical/Administrative Assistant
0.04
$23.13
19.82%
$27.71
$13,632
2,859.62
$
Worker's Comp
2.65
$1,059.87
(Fund-Wide Allocation per FTE)
2,807.33
$
Unemployment
2.65
$73.18
(Fund-Wide Allocation per FTE)
193.84
$
Dispatch
0.37
$26.38
19.82%
$31.61
$13,632
29,214.85
$
Sub Total Salary and Benefits
444,691.95
$
Type of Duty Post
FTE Allocation
Market Range Title/
Position
FTE
Allocation
Allocation Unit
# of Units
This Contract
24 hour / 7 day
5.00
Patrol Deputies
(LEO)
5
Beat
0.30
1.50
8 hour / 7 day
1.67
Detectives (LEO)
0.5
Beat
0.30
0.15
8 hour / 5 day
1.19
Sergeant
1
LEO's
8
0.27
Lieutenant
1
LEO's
18
0.12
Captain (LEO
Commander)
1
LEO's
30
0.07
Clerical/Admin Assist.
0.14
Beat
0.30
0.04
Dispatch/Communica-
tions
0.37
Special Pay
Sworn
Eligible
Sworn FTEs
District Rate Per
FTE
Cost
Overtime
2.42
$26,326.43
$63,677.06
Shift Differential
2.42
$3,074.09
$7,435.45
Regular Over Budget (Sworn FTE)
2.61
$1,746.30
$4,555.66
Sub Total Special Pay
75,668.17
$
FY 2022 Dept Wide Vacancy Credit (11.23%
-8,497.54
Net Total Special Pay
67,170.63
$
Town of Carefree
Maricopa County Sheriff's Office
FY 2024
(July 1, 2023 through June 30, 2024)
Law Enforcement Service Charges
Staffing FTE Allocation Factor
FTE Staffing Requirements
Cost allocation expressed as FTE using annual
number of calls for this contract.
Cost Includes 84.42%
Variable Benefits
24
Worksheet Exhibit A.
Part 2. Supplies and Rent
23,422.52
$
Applicable FTEs
2.65 FTE total minus Dispatch
Supply Cost (By District)
$326.03 Per applicable FTE
863.57
$
Ammunition
$469.65
Per Sworn FTE
2.61
1,225.20
Uniform Allowance
$800.00
Per Sworn FTE
2.61
2,087.00
Rent and Utility Costs
$7,266.35
Per applicable FTE
2.65
19,246.75
23,422.52
$
$ 24,377.95
Sworn FTEs
8.31
Information System Service
$13,490.84 Annual Cost
13,490.84
$
Monthly Radio Charges Vehicles
$124.19 Per Month (12); 2 per Vehicle
Vehicles
1.5
4,470.84
Monthly Radio Charges Sworn
$124.19 Per Month (12) per Sworn FTE
Sworn FTE
2.61
3,887.77
Deputy Laptop Connection
$40.01 Per Month (12) per Sworn FTE
Sworn FTE
2.61
1,252.51
I-Phone Monthly Charge
$40.76 Per Month (12) per Device per Sworn
Sworn FTE
2.61
1,275.99
24,377.95
$
Part 4. Vehicles and Equipment
6,695.37
$
Vehicle Cost with Warranty
49,338.12
$
Vehicle life 125,000 miles
Equipment Costs (Lights; Push
Bar; Etc.)
20,000.00
$
Equipment life 343,750
Component
Per Mile Rate
Annual
Miles
Costs
Mileage
$0.652
6,058
$3,951.97
3,951.97
$
Vehicle Depreciation
$0.395
6,058
$2,390.96
2,390.96
Equipment Depreciation
$0.058
6,058
$352.44
352.44
6,695.37
$
$ 16,990.75
Part 6. Indirect Cost Recovery
Indirect costs are recovered at 3% for Sections 1 - 4.
Part 5. One-Time Costs
This section is reserved for cost reimbursement of replacement or new equipment items that have been identified as
necessary for Law Enforcement Service delivery that are not otherwise funded in the Sheriff's operational budget. (Requires
amendment.)
Part 3. Communications and Information Technology (IT)
Sub Total Communications and IT
Sub Total Vehicles and Equipment
Sub Total Supplies and Rent
Town of Carefree
Maricopa County Sheriff's Office
FY 2024
(July 1, 2023 through June 30, 2024)
Law Enforcement Service Charges