IGACAVECREEKLAWENFORCEMENT2018.PDF

RESOLUTION NO. R2018-10
A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF CAVE
CREEK, MARICOPA COUNTY, ARIZONA, AUTHORIZING THE MAYOR TO
EXECUTE ON BEHALF OF THE TOWN THAT CERTAIN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE TOWN OF CAVE CREEK AND MARICOPA COUNTY,
REGARDING LAW ENFORCEMENT SERVICES
WHEREAS, the Municipality of Cave Creek is desirous of contracting with
Maricopa County Sheriffs Office for law enforcement sell/ices for the Town and the
County is desirous of providing law enforcement services; and
WHEREAS, both of the parries hereto have the authority and the ability to enter
into Intergovernmental Agreements pursuant to the provisions of A.R.S. 11-951 et seq..
NOW, THEREFORE, IT IS RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF CAVE CREEK, ARIZONA AS FOLLOWS:
Section 1 - Authorization. The Mayor is authorized to execute on behalf of the
Town of Cave Creek that certain Intergovernmental Agreement with Maricopa County,
Arizona, a copy of which is attached to this Resolution as Exhibit "A".
Section 2 — Modification. The Town Manager is hereby authorized and directed
to approve non-substantive modifications to the Agreement that may be necessary to
correct scrivener's errors or clarify the meaning of the Agreement. Under no
circumstances is the Town Manager authorized to make or approve any modification
that changes the obligations of the Town under the Agreement.
PASSED fr ADOPTED by the Mayor and Council of the Town of Cave Creek,
Arizona, this IS day of June, 2018.
FOR THE TOWN OF CAVE CREEK: ATTESTED TO:
-
Ernie Bunch, Mayor / J ne Fuller, Deputy Town Clerk
APPRpVED AS TO FO
William J. Sims, wn Attorney

AGREEMENT FOR LAW ENFORCEMENT SERVICES
BETWEEN THE TOWN OF
CAVE CREEK
AND
MARICOPA COUNTY
on behalf of the Sheriff's Office
_13 cDti -3-00
July 1, 2018 through June 30, 2021

TABLE OF CONTENTS
SECTION Page
General Provisions 3
A. Definitions 3
B. Legal Notices 5
C. Term of the Agreement 6
D. Automatic Renewal 6
E. Amendments 6
F. Termination 6
G. Insurance 6
H. Indemnification 7
I. Record Keeping and Audits 8
J. Construction of Agreement 8
Services 9
A. Service Provision 9
B. Establishment of Service Priorities 10
C. Maintenance of Sheriffs Substation 11
D. Community-Oriented Policing 11
E. Chain of Command and Responsibility for Performance Standards 11
F. Reports and Information 12
Reimbursement Costs and Charges 12
A. Reimbursement for Law Enforcement Services 12
B. Explanation of Charges 13
C. Payment 17
D. Cost of Incarceration 18
IV. Authorization and Signature 19
Exhibit A Worksheet — (Cost Detail) A-2
Exhibit B. Report Format B-2
2

Agreement for Law Enforcement Services
between Town of Cave Creek
and Maricopa County
on behalf of the Sheriff's Office
C-50-14k-Oat -3-00
THIS INTERGOVERNMENTAL AGREEMENT FOR LAW ENFORCEMENT SERVICES (this
"Agreement") is made and entered intokeli t , 2018 between the Town of Cave Creek, an Arizona
municipal corporation ("Cave Creek" 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, Cave Creek has the jurisdiction and responsibility, 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, Cave Creek has determined that it is more cost effective to enter into an Agreement with the
Maricopa County Sheriffs Office to provide Public Safety Services and desires to enter into this Agreement with
the County whereby the MCSO will furnish Basic Law Enforcement Services to Cave Creek.
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 that is issued by
February 20 of each year with the updated Worksheet Exhibit A. indicating the costs for the next
fiscal year.
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.
Basic Reporting means a standardized document submitted by the District Commander to the
Town that communicates information monthly regarding its calls for service, crime, criminal
activity and public or community assists.
Beat means the basic increment of Law Enforcement Services that provides a post equal to one
deputy FTE 24 hours per day x 7 days per week, 52 weeks per year. One beat of service is
comprised of five (5) patrol deputies plus established FTE staffing requirements plus
corresponding facilities, vehicles, equipment, supplies, technology, and dispatch communications
services.
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Board means the Maricopa County Board of Supervisors.
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.
Town means Cave Creek, an Arizona municipal corporation
Town Council means the Mayor and Town Council of the Town of Cave Creek.
Town Manager means the Town Manager of the Town of Cave Creek or authorized designee
Contracted Level of Service means the number of beats or fractions of beats 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.
pay means calendar day.
Deputy means sworn Law Enforcement Officer for the Maricopa County Sheriffs Office and can
also be referred as "Detective"; "School Resource Officer"; and "Traffic Enforcement Officer."
District means the specific geographical area supported by a designated MCSO substation or
substations. MCSO has six Patrol Districts plus Lake Patrol.
District Commander means the Captain or designated Commander with a minimum rank of
Lieutenant, of the MCSO District Office that services the Agreement.
Fiscal Year means a twelve-month period beginning July 1 through June 30.
FTE (full time equivalent) means a unit that indicates the workload of an employed person in a
way that makes workloads comparable across the organization. One (1) FTE equals one (1)
position for the total number of budgeted working hours (2088) in a given fiscal year.
FTE Staffing Requirements: Means the Number of FTE per working title required to staff one
Beat of service. Examples: five (5) Patrol Law Enforcement Officers per Beat of Service; one-
half (.5) Detective Law Enforcement Officer per Beat of service; one (1) FTE Law Enforcement
Sergeant per nine (9) deputy positions; etc.
Other Law Enforcement Services means supplemental and/or specialized law enforcement
resources within MCSO that are deployed as necessary in special situations. Examples include:
Aircraft; Bomb Squad, Canine, Command Posts; Counter Terrorism; Crime Lab; Mounted Patrol;
Posse Coordination; Specialized Weapons and Tactics (S.W.A.T.); Traffic Enforcement methods
and Accident Investigations; and required Arizona Peace Officer Standards Training to maintain
certifications.
Sheriffs Office means the Maricopa County Sheriff and those functions, activities and facilities
for which he has responsibility, also referred to as MCSO.
Staffing Allocation Factor means the FTE to staff one of three types of posts: 24-hour /7 post
(5) FTE; 8 hour/ 7 day post (1.67) FTE; an 8 hour /5 day post (1.19) FTE.
Worksheet (Exhibit A) means the annualized cost detail information page(s) for the contracted
level of service this is updated annually and is the basis for monthly billing amounts.

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 following address:
If to the County: Joy Rich
Maricopa County Manager
301 W. Jefferson, 10 th Floor
Phoenix, Arizona 85003
If to the MCSO: Paul Penzone
Maricopa County Sheriff
550 West Jackson Street
Phoenix, Arizona 85003
Russ Skinner, Chief Deputy
Maricopa County Sheriff
550 West Jackson Street
Phoenix, Arizona 85003
If to the Town: Carrie Dyrek
Cave Creek Town Manager
37622 N Cave Creek Road
Cave Creek, Arizona 85331
The Honorable Ernie Bunch, Mayor
Town of Cave Creek
37622 N Cave Creek Road
Cave Creek, Arizona 85331
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 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.
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C. Term of the Agreement
This Agreement shall become effective July 1, 2018 (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, 2021 (the "Initial Term") and its automatic renewal terms, unless
terminated pursuant to Section I, Subsection F of this Agreement.
D. Automatic Renewal
Following the Initial Term, this Agreement shall automatically renew for up to three (3)
successive one-year terms, (each, an "Additional Term"), with all the terms of this Agreement in
effect, unless and until renegotiated or terminated pursuant to (1) a non-renewal notice as set forth
below in this Subsection or (2) Section I, Subsection F below. Costs shall be revised annually
per Section III.A. 2. of this Agreement.
Notice of non-renewal by either party shall be (1) in writing and (2) delivered to the other party by
April 15 to exercise non-renewal of this Agreement.
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. Requests for
amendments to increase or decrease levels of Law Enforcement Services within a given year
during the Initial Term or any Additional Term of this Agreement will not become effective until
90 days after approval by the Town Council and the Board, unless specifically stated otherwise.
F. Termination
1. Without Cause. Either party shall have the right, upon six (6) months written notice to
the other party, to terminate this Agreement without cause.
2. 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, 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. Additional Insured: The County's insurance coverage and self-insured retention
or deductible portions, except workers' compensation insurance, shall name, to
the fullest extent permitted by law for claims arising out of the performance of
the Law Enforcement Services included in this Agreement, the Town, its agents,
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representatives, officers, directors, officials and employees as Additional
Insured as specified under the respective coverage sections of this Agreement.
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. Such deductibles or self-insured retention shall
not be applicable with respect to the policy limits provided to Town. The
County shall be solely responsible for any such deductible or self-insured
retention amount.
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.
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 MCSO as contemplated by this Agreement.
H. Indemnification
1. 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.
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2. MCSO 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 MCSO which is caused or alleged to have
been caused by the negligence or misconduct of any member of the staff of the MCSO 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.
J. Construction of Agreement
1. Superseding Prior Agreements. This Agreement replaces and supersedes any existing
Agreement for Law Enforcement Services between the two parties, the most recent being
that certain Agreement for Law Enforcement Services between the parties executed
January 27, 2012 (C-50-12-051-M-00; CON-12-2027) and Amendment 1 to that
Agreement, effective January 8, 2014 (C-50-12-051-M-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, Law Enforcement Services, shall be deemed to exist or to bind any of the
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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 Cave Creek in any State or Federal Court.
5. Governing Law. This Agreement shall be interpreted in accordance with Arizona law.
6 Independent Contractors. 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.
7. 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.)
8. 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.
II. LAW ENFORCEMENT SERVICES
For Fiscal Year 2018-19, the MCSO shall provide Basic Law Enforcement Services at the level of patrol
beats set forth in the Worksheet (Exhibit A.) attached hereto as and incorporated herein by reference. For
the remaining fiscal years during the Initial Term, and for any Additional Terms, the level of patrol beats
shall be as set forth in the then-current Worksheet (Exhibit A.) as agreed upon by the parties pursuant to
Section III of this Agreement.
A. Service Provision
1. Scope of Services. The County, by and through the MCSO, shall provide the Law
Enforcement Services within the current incorporated limits of the Town, exclusive of the
Town's parcel of the Spur Cross Conservation Area (SCRCA), which is managed under a
separate Intergovernmental Agreement between Maricopa County and Town of Cave
Creek (C-30-01-017-2) and is not included in this Agreement. The MCSO shall
investigate and enforce criminal violations of state statute and Town code violations that
directly impact public safety and fall within the definition of Basic Law Enforcement
Service set forth above. The Town shall be primarily responsible for non-criminal Town
Code/Ordinance code enforcement violations and may request assistance with the Sheriff.
The Town Manager or designee and the District Commander shall establish between
themselves the MCSO duties and responsibilities pertaining to the Town code violations,
animal control issues and other local enforcement services that fall within the definition
of basic Law Enforcement Services within this Agreement.
2. Response Times. Deputy response to calls for service will be provided twenty-four (24)
hours per day, seven (7) days per week. The MCSO 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. Emergency Priority 1 Calls will have a deputy on scene within five (5) minutes
in Agreements with contracted levels of services of 1 (one) beat or more. Detail
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on Emergency Priority I responses taking longer than five (5) minutes to arrive
on scene after dispatched will be furnished by the MCSO upon request from the
Town.
3. MCSO Presence: MCSO presence within the Town's jurisdiction is determined by the
contracted level of service provided for in Worksheet (Exhibit A.) of this Agreement.
4. Citation into Town Court. Misdemeanors, traffic infractions and civil violations
occurring within the corporate limits of the Town shall be cited into the Magistrate Court
designated by the Town.
B. Establishment of Service Priorities
1. Personnel Utilization. District personnel shall be deployed and utilized in the safest,
most efficient manner to meet the needs of the Town and MCSO, as determined by the
District Commander in consultation with the Manager and within the overall contracted
level of service
2. Setting Priorities. The District Commander and the Town Manager shall meet at
least once each quarter to review progress and establish priorities for the delivery of Law
Enforcement Services as desired by the Town and that align with the priorities of the
Town and MCSO. Changes in priorities shall be supported by monthly incident report
data and Town-specific needs and reviewed by MCSO. Priorities shall be communicated
through the appropriate MCSO chain of command to the patrol units providing Law
Enforcement Services within the Town's jurisdiction.
3. Changes to Service Levels. The MCSO strives to consistently provide Basic Law
Enforcement Service within overall contracted levels that provide optimum safety for its
employees and the community.
a. Criminal Activity Increases.
If the MCSO, acting through the District Commander in consultation with
the Town Manager, observes that criminal activity is dramatically increasing
in the Town, the MCSO will temporarily deploy support units as deemed
reasonably necessary to suppress such activity.
• Increases and decreases in supplemental or optional service will be
supported by relevant crime and incident data.
• Short term or incidental deployments of additional resources will be at
no additional cost to the Town.
• Deployments of additional resources in excess of three months will
prompt a cost proposal for reimbursement via an amendment to this
Agreement and a review of the contracted level of Service for future
right sizing.
• 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 and in the
case of increases of 1 beat or more, longer.
b. Municipality Expansion through Annexation or Development.
A City or Town's expansion through annexation or development that includes,
but is not limited to: roadways, parks, housing, industrial parks, or land for new
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businesses, medical complexes or robust housing developments shall generate
an interim review of the terms and conditions of this contract. MCSO does not
guarantee long-term capacity to support continuous expansive growth.
c. Beat formula and continuous coverage. The staffing allocation factor, FTE
staffing requirements, and Special Pay are intended to cover shift overlap, sick
leave, vacation leave, normal short-term leaves and training. MCSO will make
every effort to continuously staff to contracted levels of service, prioritizing
Basic Law Enforcement Service.
d. Periodic review to right size service upon entering into new Agreement.
At the end of the Initial Term or final automatic renewal and upon entering into
any new agreement, MCSO and the Town Manager will review the following
items to confirm appropriateness of the current level of contracted service.
i. Criteria for discussion will include, but will not be limited to: incidents per
1,000 population; contracted sworn FTE (deputies and detectives) per 1,000
population; and incidents per sworn FTE assigned to contract.
ii. Data will be reviewed on the whole as compared with all of MCSO's
contracted law enforcement. Changes to levels of services will only be
recommended using two or more factors as a basis. Examples:
• A lower than average sworn FTE per 1,000 population and a
higher than average incident per sworn FTE will prompt a
recommended increase to contracted service.
• A higher than average sworn FTE per 1,000 population, a lower
than average incident per 1,000 and a lower than average incident
per sworn FTE will prompt a recommended decrease to contracted
service.
Amendments to change the service levels in this Agreement shall be made in accordance
with Section I, Subsection E of this Agreement.
C. Maintenance of Sheriff's Substation
[This section left blank intentionally.]
D. Community-Oriented Policing
The Town Manager or Designee will ensure that policies and procedures consistent with the
Sheriff's Office rules and regulations are instituted which facilitate efficient and effective
communication between local public access and the Sheriffs Office. The District Commander
shall ensure that policies and procedures are 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. Maricopa County Sheriff Directs Operations of Deputies. The Town Manager 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's designee
shall have no chain of command authority to direct the operations of the deputies from
the MCSO, such authority being reserved to the Maricopa County Sheriff pursuant to
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Section II, Subsection E (3), below, the parties to this Agreement understand that the
Town expects the MCSO to reasonably respond to its needs for Law Enforcement
Services as communicated through the Town Manager or authorized designee. The
District Commander shall, at all times, consider the request of the Town Manager or
Town's authorized designee with respect to the implementation of Law Enforcement
Services.
2. 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.
3. Deputy Performance. The Maricopa County Sheriff is solely responsible for the
performance evaluation, discipline and movement of his deputies 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.
4. Removal of Assigned Staff. The Town, acting through the Town Manager shall have the
right to request in writing that any staff assigned to service within the Town by the
MCSO be reassigned or otherwise removed from service within the Town. When such
request is made, the MCSO 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. Basic 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. of this Agreement.
The Town and District Commander may agree on a basic format personalized to the
Town. Exhibit B, attached hereto and incorporated herein by reference is an example of
the current reporting format used with the Town.
2. Information Requests. Requests for additional information by the Town that are
applicable to this Agreement will be in writing to the MCSO Executive Chief of
Enforcement.
III. REIMBURSEMENT COSTS AND CHARGES
A. Reimbursement for Law Enforcement Services
1. Worksheet to Determine Reimbursement Amount. The Town agrees to reimburse the
MCSO for all Law Enforcement Services rendered as outlined in the attached
Worksheet(s) (Exhibit A.) for the first year (July 1, 2018 through June 30, 2019) of the
first term (July 1, 2018 through June 30, 2021) of this Agreement.
2. Annual Review of Costs. The reimbursement costs for this Agreement are reviewed and
revised on an annual basis. The MCSO recognizes the Town's need to have information
early for its budget and planning process.
a. By February 20 of each year that falls within the term of this Agreement, or any
extension thereof, the MCSO will provide the Town an annual cost notification
letter with an updated Worksheet (Exhibit A.) with Law Enforcement Services
charges for the coming fiscal year.
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b. The MCSO, the County or the Town cannot arbitrarily change costs. Each
annual worksheet proposal shall employ consistent methodology applicable to
all MCSO contract cities and towns.
3. Explanation of Excessive Increase. If the next year's amount is determined to be more
than three percent (3%) higher than the total amount due under the then current year of
this Agreement, an explanation from the MCSO outlining the increases will be included
in the Annual Cost Notification Letter.
4. Unforeseeable and Unavoidable Cost Increases. Unforeseeable and unavoidable cost
increases that are applicable to all contracts and are effective with the coming fiscal year
but unknown at the time of the February 20 issuance of Worksheet (Exhibit A.) can only
be passed through to the Town pursuant to an amendment to this Agreement. Examples
of items might include mandated changes to FTE staffing requirements, safety standards
or reporting requirements, or acquisition and use of new equipment that is policy
mandated.
B. Explanation of Charges
The MCSO annual Worksheet (Exhibit A.) shall be beat-driven and prepared with the following
sections:
1. Personnel Services. The methodology used for calculating Personnel Services is a direct
cost recovery formula for actual services delivered and shall not be arbitrarily changed.
Personnel Costs are determined using FTE (full time equivalents).
a. Computation of personnel for this Agreement is as follows:
The basic increment of Law Enforcement Services for providing one deputy
FTE 24 hours per day x 7 days per week, 52 weeks per year post is the Beat. It
takes five (5) patrol deputies to cover one beat of law enforcement service plus
additional specific staffing requirements, and other items listed in Section I.
General Provisions. A. Definitions of this Agreement.
The formula for staffing requirements per beat shall be:
FTE Staffing Requirements*
5.00 Patrol Deputies 1 Beat
0.50 Detectives 1 Beat
1.00 Sergeant for 9 Deputies
1.00 Lieutenant for 18 Deputies
1.00 Captain for 30 Deputies
0.14 Clerical for 1 Beat
* The Town may request and fund additional supervisory, specialized deputies,
and/or clerical positions beyond the beat-driven calculation. In all cases, the
contracted supervisory personnel (Sergeant, Captain, and Lieutenant) FTE
staffing in aggregate must meet minimum requirements for supervisory
personnel that coincide with FTE staffing requirements. Such requests must be
consistent with Section II. B. 3. prior to incorporation into Part 1, Personnel
Services, of the Worksheet (Exhibit A).
13

The Staffing Allocation Factor represents the basic staffing requirement
(including required coverage and shift relief factors) in a single beat. 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
b. Salary and Benefits shall be calculated by adding together the following:
(i) Hourly Base Pay: The hourly base pay will be the actual average
hourly salary for the position (title) across the Patrol Districts according
to County payroll system data from the then current fiscal year.
(ii) Variable Benefits Rate: This is a percent, by retirement system group,
that is applied to hourly pay that covers the payroll expenses of
retirement, FICA and Medicare. Variable benefits are updated
annually and are the budgeted amounts for the current fiscal year.
(iii) Fixed Fringe Benefit: This payroll expense is an annual lump sum cost
per employee for health and other non-retirement benefits and are the
budgeted amounts for the current fiscal year.
(iv) Workers Compensation and Unemployment: These payroll expenses
are a fund-wide allocation per FTE.
(v) Special Pay:
Overtime, shift differential and regular over budget comprise special
pay. Overtime costs and Shift Differential costs are based on actual
expenditures by District for the previous fiscal year and applied as a
cost per FTE over the number of budgeted sworn overtime eligible
FTE.
Regular Over Budget is a cost applicable to holidays. As a 24 x 7
operation, this cost applies to MCSO. The calculation is beat driven
and is based on District average deputy hourly salary and variable
benefits for one, 24-hour day and applied to sworn eligible FTEs.
c. Dispatch charges are applied as an FTE equivalent.
The calculation is based on the Town's incidents as a percent of all
incidents and that percent is applied to previous year's actual Dispatch
costs. That cost is then converted to an FTE based on the current
average annual salary and benefits for the emergency dispatcher market
range title.
2. Supplies and Rent: The Supplies and Rent charges are comprised of several components
including the following:
a. Supplies charges consist of actual costs from the previous fiscal year for items in
the supplies and general services object codes by District and are apportioned by
District Fm.
14

b. Ammunition charges consist of actual costs from the previous fiscal year for
ammunition and are apportioned by sworn FTE.
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, if applicable, 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 working out of that substation.
3. Communications and Information Technology. Sophisticated and costly information and
communications systems are used in everyday MCSO law enforcement operations. Cost
recovely 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. Charges for Sheriffs Police Communications and
Information Technology are 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 and per vehicle
are per device calculated by Maricopa County Wireless and based on the
number of system users.
C. Monthly MDC Charges: The monthly mobile data computing (MDC) charges
are per device and based on the number of system users.
d. 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, 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.
4. Vehicle and Equipment 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. 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. The annual number of miles driven is calculated using the average number of
miles driven by District. The number of vehicles assigned to the District is
divided into the number of miles to arrive at an average number of miles per
vehicle. The Town's miles are calculated taking the number of vehicles
assigned to the contract, multiplied by the Town's number of beats, multiplied
by average number of miles per vehicle by District. The exception to this
15

calculation is for Districts that exist primarily to provide Law Enforcement
Services for one contracted municipality. In these cases, actual mileage is
discernible and is used.
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. Other Equipment Costs and One-Time Cost Reimbursement.
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 Sheriffs 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 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 A. (2) 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 A. (4) of
this Agreement.
d. All one-time and replacement equipment items regardless of funding source,
shall be County property subject to the following:
(i) The Town shall have the option to purchase, at the time they are
designated for retirement from the County fleet, any vehicles that were
initially funded by the Town as one-time purchases. Such a purchase
will require Board action.
(ii) In the event of early termination of this Agreement, or in the event of a
material reduction in service, the Town may request transfer of vehicle
ownership to the Town of any vehicle(s) originally purchased in
conjunction with contracted law enforcement service to the Town. All
transfers of ownership require Board action.
16

(iii) Vehicle transfers will be "as is," except in cases where removable
enhancements, funded by the MCSO, can be used in other Sheriffs
vehicles. Such enhancements would be removed and remain County
property. The Town will be responsible for the timely removal of all
County and MCSO markings.
(iv) The cost to the Town of transferred vehicles will be market value plus
any title and licensing transfer fees.
(v) In the event of early termination of this Agreement, the Town may
request a fair market value credit for its initial cash outlay for vehicles
or other one-time ore replacement equipment items. Such requests will
be coordinated through the Sheriffs Administration Command. Board
action is required. All authorized reimbursements will be transacted as
credits on amounts due on final month(s) invoices.
6. Indirect Cost Recovery. The MCSO reserves the right to address indirect costs
(administrative overhead) via amendment to this Agreement. Indirect cost recovery
would be implemented in conjunction with a new fiscal year.
7. Other Law Enforcement Services. The MCSO reserves the right to address cost
recovery for other law enforcement services listed in the Definitions section of this
Agreement via amendment to this Agreement. Continuing other services recovery will be
implemented in conjunction with a new fiscal year.
C. Payment
1. The Town agrees to pay the combined sum of $496,562.56 in 12 equal installments for
all Law Enforcement Services rendered as outlined in the attached Worksheet
(Exhibit A., for Fiscal Year 2019, July 1, 2018 through June 30, 2019, and at the updated
rates not yet determined but provided for in Section III. A. 2 of this Agreement
throughout the Initial Term (July 1, 2018 through June 30, 2021) and each year
thereafter.
2. Payment for Law Enforcement Services for each year of this Agreement will be made in
twelve (12) equal installments on a monthly basis and on or before the 20 th day of each
month, beginning with the first month of the Initial Term.
3. 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.
D. 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 MCSO in the performance of its responsibilities
hereunder.
[SIGNATURES ON FOLLOWING PAGE]
17

IV. Authorization and Signatures
Cave Creek 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. §9-498 and §§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.
MARICOPA COUNTY, a political subdivision of the TOWN OF CAVE CREEK, an Arizona
State of Arizona municipal corporation
I
AUG 13 2018
BY: \/ — BY:
Steve Chucri Date Date
Chairman, Board of Supervisors
ATTEST: ATTEST:
Cik4 c AUG 13 2018 Dtoincirl 11 . 2015
arrol , Clerk of the Board ate OfhoPS n Clerk Date
MARICOPA COUNTY SHERIFF'S OFFICE
BY:
Paul Penzone, Sheri
In accordance with the requirements of A.R.S. § 11-952(D), the undersigned attorneys acknowledge that (i) they have reviewed
the above A emspt on behalf of their respective clients and (ii) as to their respective clients only, each attorney has determined
that this r meths in proper fgplakand that execution hereof is within the pjAvers and authority grapte4 under the laws of the
State of
Deputy County Attorney Town Attorney Date
18

EXHIBIT A
TO
INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE TOWN OF CAVE CREEK
AND
MARICOPA COUNTY
on behalf of the
Maricopa County Sheriff's Office
[Cost Detail]
See following pages.

Town of Cave Creek
Maricopa County Sheriffs Office
Law Enforcement Reimbursement Costs and Charges
FY2019
(July 1, 2018 through June 30, 2019)
Beats 0.41
Total C ontract Cost $496,562.56
Part 1. Personnel Services $464,013.82
Annual Hours Budgeted 2088
FY 2019 Hourly FY 2019
Variable Hourly
Benefits Rate Average Base FY 2019 Fixed
FY 2019 Average Charge (FY Plus Variable Benefit (FY Annualized
Position FTE Hourly Base Pay 2018 Rates) Benefits 2018 Rates) FY 2019
Patrol Beat Deputies 2.05 $28.05 60.44% $45.00 $11,400.00 $216,003.00
Detectives 0.21 $29.24 60.44% $46.91 $11,400.00 $22,964.00
Sergeants 0.31 $38.93 60.44% $62.46 $11,400.00 $43,963.00
Lieutenants 0.15 $49.15 60.44% $78.86 $11,400.00 $26,408.00
Captain 0.09 $60.43 60.44% $96.95 $11,400.00 $19,246.00
Traffic Enforcement 0.50 $28.05 60.44% $45.00 $11,400.00 $52,684.00
Clerical/Administrative Assistant 0.06 $16.52 19.15% $19.68 $11,400.00 $3,150.00
Worker's Comp 3.37 $510.85 (Fund-Wide Allocation per FTE) $1,721.56
Unemployment 3.37 $20.40 (Fund-Wide Allocation per FTE) $68.75
Dispatch 0.62 (FTE is a total cost equivalent not to be used in other calculations) $39,463.71
Sub Total Salary and Benefits $425,672.02
Staffing Allocation Factor FTE Staffing Requirements
24 hour / 7 day post 5.00 FTE 5.00 Patrol Deputies 1 Beat
8 hour / 7 day post 1.67 FTE 0.50 Detectives 1 Beat
8 hour / 5 day post 1.19 FTE 1.00 Sergeant for 9 Deputies
1.00 Lieutenant for 18 Deputies
1.00 Captain for 30 Deputies
0.14 Clerical for 1 Beat
Special Pay
(Deputies/Detectives/Sgts.) FTEs Rate Per FIE Cost Includes 60.44% Variable Benefits
Overtime 3.07 9,995.03 $ 30,684.74
Shift Differential 3.07 1,051.70 $ 3,228.73
Regular Over Budget 3.07 1,442.45 $ 4,428.32
$ 38,341.80
Sub Total Special Pay $ 38,341.80
Part 2. Supplies and Rent $ 11,223.86
Applicable FTEs 3.37 FTE total minus Dispatch
Supply Cost 819.73 Per applicable FTE $ 2,762.49
Ammunition 9.77 Per Sworn FTE 3.31 $ 32.34
Uniform Allowance 800.00 Per Sworn FTE 3.31 $ 2,648.00
Rent and Utility Costs $1,715.44 Per applicable FTE $ 5,781.03
$ 11,223.86
Sub Total Supplies and Rent

Part 3. Communications and Information Technology (IT) $ 15,214.39
Sworn FTE's 3.31
Information System Service 11,964.09 Annual Cost $ 11,964.09
Monthly Radio Charges Vehicles 43.22 Per Month (2) per Vehicle Vehicles 1 $1,037.28
Monthly Radio Charges Sworn 43.22 Per Month per Sworn FTE $1,716.70
MDC Charges 41.36 Per Vehicle per month Vehicles 1 $496.32
Sub Total Communications and IT $ 15,214.39
Part 4. Vehicles and Equipment $ 6,110.49
Vehicle Cost with Warranty $ 37,520 Vehicle life 125,000 miles (combined average)
Equipment Costs (Lights; Push
Bar; Etc.) $ 12,577 Equipment life 343,750
Per Mile Annual
Rate Miles Costs
Mileage Rate $0.328 9,192.19 $3,015.04 $ 3,015.04
Vehicle Depreciation $0.300 9,192.19 $2,759.13 $ 2,759.13
Equipment Depreciation $0.037 9,192.19 $336.32 $ 336.32
Sub Total Vehicles and Equipment $ 6,110.49
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 Sheriffs operational budget. (Requires amendment.)
Part 6. Indirect Cost Recovery
This section is reserved for items identified by Maricopa County that are necessary for full cost recovery.

EXHIBIT B
TO
INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE TOWN OF CAVE CREEK
AND
MARICOPA COUNTY
[Report Format]
See following pages.

Town of Cave Creek
March 2018
Provided by District IV of the Maricopa County Sheriff's Office
This report documents the law enforcement services and activity within the Town of Cave Creek. The
Maricopa County Sheriff's Office has a contractual agreement with Cave Creek and provides the law enforcement
services. This report reflects the monthly activity along with a comparison of the previous 3 months activity. A call
for service or law enforcement activity does not always generate a written document by the Sheriff's Office.
This report provides a breakdown of the types of criminal activity within the Town of Cave Creek such as
assaults, burglaries, thefts, and drug and alcohol violations. The Uniform Crime Reporting procedure is being
utilized which is the standard for crime reporting by the FBI. A brief synopsis is provided at the end ofthis report
which documents any significant or notable incidents which have occurred.
Criminal / Traffic Activi
Activity Type March Feb Jan Dec March
2018 2018 2018 2017 2017
• tggravated Assault 0
I Arson 1 1 1 0
' Assault 5 4
Child Crime 1 0 1 2 1 1 1 0 1 0
Commercial/Residential/Vehicle 2 2 0
Burglary
I Criminal Damage/Graffiti 1 4 1 2 1_2 2 1 2
Disorderly- Conduct 4 2 4 0 2
I Drug/Alcohol/Underage 1 o 1 0 1 1
DIM 1 1 0
Murder/Manslaughter 1 0 1 1 1 0 1
Sexual Assault
Shoplifting 0 0 2 0
Theft/ Theft from Vehicle 2 2 2
Traffic Accidents 1 8 1 6 1 11 1 11 1 11
Traffic Warnings 9 3 16 11 23
I Traffic Citations 1 35 1 29 1 33 1 32 1 28
Public & Community Assist Activity
Activity Type March Feb Jan Dec March
2018 2018 2018 2017 2017
9-1-1 Hang Ups 0 0 0
Animal Problem 4 3 6
Citizen Assist 4 16 16 6
Civil Matter 6 5 10 9 4
Comma ciallResidential Alarm 27 23 23 16 11
Fight/Mutual Combat 3 3 3

• Harassment/Stalking 0 2 0 2
I Juvenile Disturbing/Runaway 1
Missing ?mon 2
Natural Death of Person 2 0 0
Neighbors Disturbing 4 8 18 1
Patrol/Vacation Watch/Welfare Check 113 148 132 117 136
Suicide
Suspicious Activity/Person or Vehicle 18 Ti 23 10
Tin euts/Threating/Obvtene Phone Calls 7 7 2
Trespassing 4 7 4 2
Notable Incidents Synopsis — Criminal and Traffic Activity
[Incidents with synopsis!
LOCAL TRAFFIC COMPLAINTS
CITATIONS:
Location: Cave Creek Rd/Carefree Highway Reason: Speed
Location: Cave Creek Rd/Blue Ridge Reason: Expired Registration
Location: Cave Creek Rd/Hidden Valley Reason: Expired Registration
Location: Cave Creek Rd/Jack Cartwright Reason: Speed
Location: Cave Creek Rd/Rancho Manana (29) Reason: Speed (29) / Suspended License (3)
Location: Cave Creek Rd/School House (2) Reason: No Ins Card/Stop Sign/No License
WARNINGS:
Location: 4700 East Carefree Hwy Reason: Speed
Location: Cave Creek Rd/School House Reason: Windshield Violation
Location: Cave Creek Rd/Carefree Hwy Reason: Plate not visible
Location: 4200 East Carefree Hwy Reason: Speed
Location: Cave Creek Rd/Vermeersch Reason: Headlight Violation
Location: 38000 North Cave Creek Rd (2) Reason: Speed (2)
Location: 6895 East Cave Creek Rd Reason: Fail to yield to pedestrian in x-walk
Location: Cave Creek Rd/Jaqueline Dr Reason: Fail to yield to pedestrian in x-walk
Reviewed by: Rich Johnson