GILA BEND AGREEMENT EFFEC FY2013.PDF

AGREEMENT FOR LAW ENFORCEMENT SERVICES
BETWEEN THE TOWN OF
GILA BEND
AND
MARICOPA COUNTY
on behalf of the Sheriff's Office
C-50-12--085-3-00
July 1, 2012 through June 30, 2017

TABLE OF CONTENTS
SECTION Page
I. General Provisions 3
A. Definitions 3
B. Legal Notices 4
e. Term ofthe Agreement 5
D. Automatic Renewal 5
E. Amendments 5
F. Termination 6
G. Insurance 6
H. Indemnification 7
I. Record Keeping and Audits 7
J. Construction of Agreement 7
II. Services 8
A. Service Provision 8
B. Establishment of Service Priorities 9
e. Maintenance of Sheriffs Substation 9
D. Community-Based Policing 10
E. Chain of Command and Responsibility for Performance Standards 10
F. Reports and Information 11
III. Reimbursement Costs and Charges 11
A. Reimbursement for Law Enforcement Services II
B. Explanation ofCharges 12
C. Payment 15
D. Cost of Incarceration 15
IV. Authorization and Signature 16
Exhibit A Worksheet - Cost Detail
Exhibit B. Report Format
2

Agreement for Law Enforcement Services
Town of Gila Bend
THIS INTERGOVERNMENTAL AGREEMENT FOR LAW ENFORCEMENT SERVICES ("this
agreement") is made and entered into ,2012 between the Town of Gila Bend, an Arizona municipal
corporation ("Gila Bend") and Maricopa County, a political subdivision of the State of Arizona (the "County") on
behalf ofthe Sheriff's Office.
WHEREAS, Gila Bend has the authority, pursuant to the laws ofthe State of Arizona, to provide for public
health, safety, and the welfare ofthe people and property within its corporate boundaries, including, but not limited
to police protection; and
WHEREAS, Gila Bend 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 Sheriffs Office will furnish Law Enforcement Services to Gila Bend.
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.
Basic Report means the standardized Sheriffs Office document communicating information
monthly to the Town regarding its calls for service, crime, criminal activity and response times.
Beat means the basic increment of Law Enforcement Services that equates to one 24 hours per day
x 7 days per week, 52 weeks per year post.
Board means the Maricopa County Board of Supervisors.
Calendar Year means a twelve-month period beginning January 1 and ending December 31.
County means Maricopa County, a political subdivision ofthe State ofArizona.
Day means calendar day.
District Commander means the Captain or designated Commander of the Sheriff's District
Office from which Enforcement Service for this Agreement is assigned.
Fiscal Year means a twelve-month period beginning July I 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 (I) FTE equals one (I)
position for the total number of budgeted working hours in a given fiscal year, as determined by
the County (typically 2080 or 2088).
3

Initial Term shall have the meaning set forth in Section I, Subsection C, below.
Law Enforcement Services means patrol, responses to emergency calls and arrests of suspects. It
includes:
Dispatch and Police Communications Services
Traffic Enforcement and Accident Investigations
Enforcement Support, including Specialized Response (Canine, Bomb Squad, S.W.A.T.,
Posse Coordination)
Investigations of Alleged Crimes
Community Crime Prevention and Awareness Programs and Activities
Property and Evidence Safekeeping
Perform the duties of the Town's Law Enforcement Agent (as defined in the Town Code)
as requested by the Town Manager, consistent with law enforcement priorities and
resource availability.
Sherifrs Office means the Maricopa County Sheriff and those functions, activities and facilities
for which he has responsibility.
Town means the Town of Gila Bend, an Arizona municipal corporation.
Town Council means the Mayor and Town Council of the Town of Gila Bend.
Town Manager means the Town Manager of the Town of Gila Bend, or his/her authorized
designee.
Transitional Start Up Phase means the time period between when the Agreement or an
amendment to the Agreement is approved through the time that contracted level of service is
attained or stabilized.
Worksheet <Exhibit A) means the annualized cost detail information page(s) for the designated
beat ofservice, or fraction of a beat of service on which monthIy billings for a given fiscal year are
based.
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 (I) 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:
Ifto the County: Tom Manos
Maricopa County Manager
30 I W. Jefferson, 10lb Floor
Phoenix, Arizona 85003
Ifto the Sheriffs Office: Joseph M. Arpaio
Maricopa County Sheriff
100 W. Washington, Suite 1900
Phoenix, Arizona 85003
4

Scott R. Freeman, ChiefofAdministration
Maricopa County Sheriff
100 W. Washington, Suite 1900
Phoenix, Arizona 85003
If to the Town: Hon. Ron Henry
Mayor of Gila Bend
644 West Pima Street
P.O. Box A
Gila Bend, AZ 85337
Frederick (Rick) Buss, Town Manager
Town ofGila Bend
644 West Pima Street
P.O. Box A
Gila Bend, AZ 85337
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 counselor 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 counselor other recipient to which a copy of the
notice may be sent, is deemed to have received the notice.
B. Term of the Agreement
This Agreement shall become effective July I, 2012 (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, 2017 (the "Initial Term"), unless terminated pursuant to Section I,
Subsection F ofthis Agreement.
C. Automatic Renewal
Following the Initial Term, this Agreement shall automatically renew for up to five (5) 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. Prior to the beginning of each Additional
Term, the parties shall meet and agree upon the annual cost of the Law Enforcement Services,
which shall be calculated pursuant to Section III, Subsection A, of this Agreement and which,
when agreed upon, shall be attached to this Agreement as Exhibit A. Notice of non-renewal by
either party shall be (i) in writing and (ii) delivered to the other party by April 15 to exercise
non-renewal of this Agreement.
D. 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.
5

E. Termination
1. Without Cause. Either party shall have the right, upon twelve (12) months written notice
to the other party, to terminate this Agreement without cause.
2. Uncured Breach. In the event ofbreach ofany ofthe provisions ofthis Agreement, either
party may terminate this Agreement for cause by serving written notice to the other party
specifically setting forth the nature ofthe breach. If said breach has not been resolved
within ninety (90) days after receipt ofnotice, 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,
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
6

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 Liabilitv. 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
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.
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, fmes 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
I. 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.
7

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 recorded January 25, 2008, No. 2008-007-0779,amended July 26,
2011.
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 anyone 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 Gila Bend in any
State or Federal Court.
5. Governing Law. This Agreement shall be interpreted in accordance with Arizona law.
6 Independent Contractors. For purposes ofAR.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.
7. Cancellation for Conflict of Interest. This Agreement is subject to the provisions of
AR.S. § 38-511. (Cancellation of political subdivision and state contracts.)
8. E-Verify. The parties mutually warrant that they are in compliance with AR.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 AR.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.
9. Scrutinized Business Operations. The parties certify that they do not have scrutinized
business operations in either Sudan or Iran, per AR.S. § 35-391.06 and 35-393.06.
8

II. SERVICES
For Fiscal Year 2012-13, the Sheriff's Office shall provide 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 below.
A. Service Provision
1. Scope of Services. The County, by and through the Sheriffs Office, shall provide the
Law Enforcement Services described in this Agreement within the incorporated limits of
the Town. The Sheriffs 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 Manager and the
District Commander shall establish between themselves the Sheriffs 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 I Calls
as follows:
a. Emergency Priority I 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. Should the Town choose to amend this agreement and deploy a minimum of one
(1) full-time beat, Emergency Priority I Calls shall have a deputy on scene
within five (5) minutes or less Detail on Emergency Priority I responses taking
longer than five (5) minutes to arrive on scene after dispatched will be furnished
by the Sheriffs Office upon request from the Town
c. It is mutually understood that due to the Town's current deployment of less than
one (1) full-time beat that guaranteeing deputy response times as noted in
section II.2.b above is not feasible. Based upon the Town's current deployment
of 0.45 beat, Emergency Priority I Calls the Sheriffs Office shall make all
reasonable efforts to have a deputy on scene within fifteen (IS) minutes or less
at a minimum of 90% of the time. Detail on Emergency Priority I responses
taking longer than fifteen (IS) minutes to arrive on scene after dispatched will
be furnished by the Sheriff's Office upon request from the Town. In the event
that the Town becomes concerned over deputy response times, and the Town
wishes to have guaranteed responses times as outlined in section II.2.b above,
the Town shall have the option to amend this agreement to increase level of
service to a minimum of one (I) full time beat.
3. Citation into Town Court. Misdemeanors, traffic infractions and civil violations
occurring within the corporate limits of the Town shall be cited into the Town's
Magistrate Court. There should be a rational nexus between monthly reporting by the
Sheriff's Office and Citations into the Town Court.
9

B. Establishment of Service Priorities
I. Personnel Utilization. District personnel shall be utilized in the most efficient manner to
meet the needs ofthe Town, as determined by the District Commander.
2. Setting Priorities. The District Commander and the Town Manager 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 Sheriffs Office chain of command to the patrol units providing
Law Enforcement Services within the Town's jurisdiction.
3. Criminal Activity Increases. If the Sheriffs Office, acting through the District
Commander in consultation with the Town Manager, 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.
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.
C. Maintenance of Sherifrs Substation
At all times during the term of this Agreement and any extension thereof, the Sheriffs Office shall
maintain at least one substation facility (303 West Pima Street) within the corporate limits of the
Town, at a location (or locations) mutually agreeable to the Sheriff's Office and the Town
Manager It is mutually recognized that the current facility utilized by Sheriff's deputies to
conduct both County and Municipal operations is maintained by Maricopa County and not the
Sheriff's Office or the Town. It is further recognized that should Maricopa County cease
maintaining this facility, the Sheriff's Office and Town Manager shall meet and confer to
determine an alternate facility or facilities necessary to conduct operations under this agreement.
In addition to the current facility, deputies may operate report writing operations out of Town Hall
(644 West Pima Street) and the Town's Multigenerational Facility (202 East Euclid Street). All
deputies assigned to duties within the Town shall operate out ofsuch substation(s).
D. Community-Oriented Policing
The District Commander shall ensure that policies and procedures are in place and implemented
within the corporate limits of Gila Bend 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
I. Town Manager Responsibilities. 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 Manager or authorized designee shall have
no chain of command authority to direct the operations of the deputies from the Sheriffs
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 Sheriffs Office 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
authorized designee with respect to the implementation of Law Enforcement Services.
2. Maricopa County Sheriff Responsibilities. The Maricopa County Sheriff is solely
responsible for the performance, evaluation discipline and movement of his deputies as
10

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 fmal and conclusive.
3. This section intentionally left blank.
4. Deputy Assignment. The Sheriff's Office will, from time to time, assign to the Town
sufficient deputies to provide the Law Enforcement Services required by this Agreement.
Staff will be assigned to the Town and will work within the Town limits unless required
to cross jurisdiction boundaries for pursuits, ongoing investigation of Town cases or other
temporary law enforcement emergency situations including responding to requests for
assistance from other officers in surrounding jurisdictions in emergency or dangerous
situations. It is the intent of the Town and Sheriffs Office that the Sheriff's Office
personnel who are selected for deployment to the Town shall make a one-year
commitment to this assignment in the Sheriff's Office and shall remain deployed to the
Town for such one-year period unless reassignment is requested by the Town Manager,
and such reassignment is agreed to by the Sheriffs Office. The Sheriffs Office reserves
the right to transfer personnel, with prior notification to the Town Manager, when such
transfer is in the best interests ofthe Town and the Sheriff's Office.
5. Removal ofAssigned 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
Sheriff's Office be reassigned or otherwise removed from service within the Town.
When such request is made, the Sheriffs 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. 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,
above and illustrated in the sample provided in Exhibit B, attached hereto and
incorporated herein by reference.
2. Information Requests. Requests for additional law enforcement service
information by the Town will be in writing to the District Commander and
responses will be limited to credible/verifiable information that is readily
available from the Sheriff's Records Management System (RMS), Computer­
Aided Dispatch (CAD) System, and any other law enforcement information
system that may be adopted by the Sheriff's Office during the term of this
Agreement.
3. Financial/Administrative Information. Requests by the Town 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 Sheriffs Office Chief
of Administration.
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 1,2012 through June
30,2013).
11

2. Annual Review of Costs. The reimbursement costs for this Agreement are reviewed and
revised on an annual basis. The Sheriffs Office recognizes the Town's need to have
information early for its budget and planning process. Therefore, the following schedule
should be adhered to each year:
a. By February 20 of each year that falls within the term of this Agreement, or any
extension thereof, the Sheriffs Office will provide the Town and updated
Worksheet (Exhibit A) with Law Enforcement Services charges for the coming
fiscal year.
b. The Sheriff's Office, the County or the Town cannot arbitrarily change costs.
Each annual worksheet proposal shall employ consistent methodology
applicable to all Sheriff's Office contract cities and towns.
c. 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), such as changes in retirement contribution rates, may only be
passed through to the Town pursuant to an amendment to this Agreement.
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, a letter of explanation from the County outlining the increases will be
required.
B. Explanation of Charges
The Sheriffs Office 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 necessary personnel for this Agreement is as follows:
1 beat = 7 day coverage per week, 24 hours per day with five (5) FTE deputies.
The formula for staffmg requirements (in addition to five (5) FTE deputies) per
beat shall be:
i I
FTE Staffing Requirements·
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. Such requests will
be incorporated in Part I, Personnel Services, ofthe Worksheet (Exhibit A).
The Staffing Allocation Factor represents the basic staffmg 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
12

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 Staffmg Allocation Factor to be applied in this Agreement is:
Staffing Allocation Factor
24 hour I 7 day post 5.00 FTE
8 hour I 7 day post 1.67 FTE
8 hour I 5 day post 1.19 FTE
b. Salary and Benefits shall be calculated by adding together the following:
(i) Hourly Rate: The hourly rate will be the actual average hourly salary
for the position (title) across the Patrol Districts according to payroll
system data (ADP) from the first pay period ending in January of the
then current fiscal year. Annual hours are the established number
budgeted hours per full time position by respective fiscal year.
(ii) Variable Fringe Benefits: This percent is the most current applicable
Employer's Retirement contribution Rate plus FICA/Medicare at the
time of Worksheet (Exhibit A) distribution, applicable to the hourly
rate.
(iii) Fixed Fringe/Workers ComplUnemployment: This is an average
annual lump sum cost per employee for health and other non-retirement
benefits plus the employer's workers compensation and unemployment
insurance contribution costs.
(iv) Special Pay--Overtime and Shift Differential: Overtime and Shift
Differential is an average cost per eligible FTE and is added to the
salary and benefit costs. The cost is based on actual expenditures of
overtime and shift across the patrol districts from the previously­
completed fiscal year.
2. Supplies. Reimbursement for supplies and annual uniform expense is an allocation per
FTE based on supply expenditures in the Patrol districts from the previously-completed
fiscal year.
3. Communications and Information Technolozv, Sophisticated and costly information and
communications systems are used in everyday Sheriffs Office law enforcement
operations. Costs for hardware, software, technology supplies, monthly service and/or
connection fees and system maintenance are incorporated as direct and reimbursable
expenses. Charges for Sheriffs Police Communications and Information Technology
shall be proportionate and based on the Town's portion of Sheriffs call and incident/calls
for service volume and County police radio communications system cost shall be based
on the number of system users.
a. Dispatch: Incident/Call for Service volume for the Town shall be taken from the
Sheriff's Computer-Aided Dispatch system and applied to estimated overall
dispatch costs for the Patrol Districts.
b. System Maintenance and User Support: These costs are comprised of the
Town's calculated share for applicable information system use, desktop support,
and data/information reporting, based on its percent of patrol service volume
13

applied to the overall patrol's share for applicable information systems, desktop
support, and datalinfonnation reporting.
c. Wireless and Mobile Data Computing Charges: The annual total of monthly
charges associated with the number ofradioslMDC's and, when applicable, cell
phones by FTE and dedicated patrol vehicle(s).
4. Vehicle Charges.
a. The number of miles driven will be used to determine charges for vehicle
mileage, vehicle depreciation, and vehicle equipment depreciation.
b. The number of miles driven will be estimated and will be used to determine
charges for new additions to fleet resulting from new service initiation and
Amendments for increases in service.
c. Vehicle depreciation and vehicle equipment charges allow timely replacement
ofpatrol vehicles using the County's vehicle replacement plan.
d. Maintenance of vehicles is the responsibility ofthe Sheriffs Office.
5. Other Equipment and One-Time Cost Reimbursement.
a. The Town will be required to fund one-time reimbursement for vehicles and
patrol vehicle equipment purchased upon initiation of service and for any
vehicles and patrol vehicle equipment purchased to meet increases in levels of
service authorized by Amendment(s) to this Agreement. Subsequent
replacements shall be funded by the County as provided in Section III,
Subsections B (4)(b) and (c), above.
b. The Town will be required to fund one-time reimbursement costs to equip
deputies upon initiation of service and for deputies added to service by
Amendment. These one-time cost items include: radios, laptop computers or
mobile data terminals, tasers, bulletproofvests and cell phones.
c. The Town may be required to fund replacement of equipment used to service the
Agreement. Such replacement would generally be included in conjunction with
the annual updating of Worksheet (Exhibit A) or by amendment to this
Agreement, and must be agreed to by the Town.
d. All one-time equipment items and replacement 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 delivery to
the Town. All transfers of ownership require Board action.
(iii) Vehicles transferred would be "as is," except in cases where removable
enhancements, funded by the Sheriffs Office, can be used in other
14

Sheriffs vehicles. Such enhancements would be removed and remain
County property. The Town will be responsible for the timely removal
of all County and Sheriffs Office markings.
(iv) The cost to the Town of transferred vehicles would be $1.00 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 equipment items. Such requests would be
coordinated through the Sheriffs Administration Command. Board
action would be required and reimbursements would take the form of a
credit or credits in the final month(s) invoices.
6. Indirect Cost Recovery. The Sheriffs Office reserves the right to address indirect costs
(administrative overhead) via amendment to this Agreement if it is determined by the
County that indirect cost recovery is necessary. If adopted, indirect cost recovery would
be implemented in conjunction with a new fiscal year.
C. Payment
1. The Town agrees to pay the sum of $319,357.00 for all Law Enforcement Services
rendered as outlined in the attached Worksheet (Exhibit A) for the first year of the Initial
Term (July 1, 2012, through June 30,2013), and at the rate agreed to by the parties (via
the Worksheet) each year thereafter. Payment for Law Enforcement Services for each
year of this Agreement will be made in twelve (12) installments on a monthly basis on or
before the 20th day ofeach month, beginning with the first month ofthe 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.
D. Cost of Incarceration
Nothing in this Agreement shall alter the fmancial responsibilities ofthe Town and the County for
the incarceration of prisoners arrested by the Sheriffs Office in the performance of its
responsibilities hereunder.
[SIGNATURES ON FOLLOWING PAGE]
15

IV. Authorization and Signatures
Gila Bend 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 ofthe date ofthe last signature set
forth below.
MARICOPA COUNTY, a political subdivision ofthe TOWN OF GILA BEND, an Arizona
State of Arizona municipal corporation
'rwt...,o.J ~ 0~NOV 051011 BY&~
By: _
Max Wilson Date Ron Henry Date
Chairman, Board of Supervisors Mayor
ATTEST:
/0 ·026 fJ,..
DEPUTY Frftft McCdnol),Cler,k oft Date
c...o'{\,,:>~nc.e, LOpe \.a nd
MA FF'S OFFICE
q,2t-t?--­
--'~-'--~-------------"--
Date
In accordance with the requirements of A.R.S. § ll-952(D), the undersigned attorneys acknowle that (i) they
have reviewed the above Agreement on behalf of their respective clients and (ii) as to their re
each attorney has rmined that this Agreement is in proper fi;zrm an that (i;­ execution here
and a 0 go- ed, ~ the laws ofthe State ofArizona.
--'~~=:;;:;;oo"'"-~/-h,------~L--"'O~~ I) ---'"--fF-~---- 10-2:S -/-y
-z.
ate Town Attorney Date
16

EXHIBIT A
TO
INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE TOWN OF GILA BEND
AND
MARICOPA COUNTY
[Cost Detail]
See foJ/owing pages.
17

Worksheet Exhibit A.
Town of Gila Bend
Maricopa County Sheriffs Office
Law Enforcement Reimbursement Costs and Charges
FY 2013
(July 1, 2012 through June 30,2013)
BEATS 0.45
Total Contract Cost $319,357
Part 1. Personnel Services $274,724
Annual Hours Budgeted 2088
Fixed Fringe
$8904 + Wkrs
Hourly Variable Hourly Plus Comp and
Position FTE Rate Fringe Rate Variable Unemp $313 Annualized
Patrol Beat Deputies 2.25 $24.58 32.78% $32.64 $ 9,217 $174,069
Detectil.es 0.27 $26.23 32.78% $34.83 $ 9,217 $22,123
Sergeants 0.28 $33.72 32.78% $44.77 $ 9,217 $28,757
Lieutenants 0.14 $40.95 32.78% $54.37 $ 9,217 $17,185
Captain 0.08 $49.77 32.78% $66.08 $ 9,217 $11,776
Clerical Office Assistant 0.07 $13.03 17.75% $15.34 $ 9,217 $2,888
Dispatcher (TCO) 0.25 $19.29 17.75% $22.71 $ 9,217 $14,188
Sub Total Salary and Benefits $270,986
Staffing Allocation Factor FTE Staffing Requirements
24 hour I 7 day post 5.00 FTE 0.50 Detectil.es 1 Beat
8 hour 17 day post 1.67 FTE 1.00 Sergeant for 9 Deputies
8 hour I 5 day post 1.19 FTE 1.00 Lieutenant for 18 Deputies
1.00 Captain for 30 Deputies
0.14 Clerical for 1 Beat
0.14 Trnsprt Deputy 1 Beat
Eligible
Special Pay FTEa Cost
Owrtime/Shift Differential 2.80 $1,335.04 3,738
Sub Total Personnel Sen,;ces $274,724
Part 2 Supplies and Rent $5177 ,
Applicable FTEs 3.0~' FlE total minus Dispatch
Supply Cost 643.21 Per applicable FTE 1,988
Ammunition 456.10 PerSwom FTE 3.02 1,377
Uniform Allowance 600.00 PerSwom FTE 3.02 1,812
Sub Total Supplies and Rent $5,177
Part 3. Communications and Intonnation Technology (IT) $7,608
Swom FTEs 3.02
Dispatch Costs (see Pers. S\Cs.) Located in Personnel Section 1. Abow
System Maintenance and User
Support 4,571 Proportionate based on Patrol Costs $4,571
Wireless and Mobile Data
Computing (MDC) Charges 3,037 Monthly Charges Per Unit by Swam FTE 3.02 & Vehicle (2) 3,037
Sub Total Communications and IT $7,608
18

Part 4. Vehicles and Equipment $31,848
Vehicle Cost with Warranty $ 35,057 Vehicle life 115,000 miles.
Equipment Costs $ 14,569 Equipment life 200,000 miles.
Per Mile Annual
Rate Miles Costs
Mileage Rate $0.350 43,747 $15,311 $15,311
Vehicle Depreciation $0.305 43,747 $13,343 13,343
Equipment Depreciation $0.073 43,747 $3,194 3,194
Sub Total Vehicle and Equipment $31,848
Part 5. One-Time Costs
This section is reserved for cost reimbursement ofreplacement 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 6. Indirect Cost Recovery
This section is reserved for items identified by Maricopa County that all1 necessary for full cost recovery.
When the methodology is detemined, the Agreement IIdIlbe amended and the rate IIdIlbe included in this
section.
Notice Date: 211512012
19

EXHIBIT B
TO
INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE TOWN OF GILA BEND
AND
MARICOPA COUNTY
[Report Format]
See following pages
20

MARICOPA COUNTY SHERIFF'S OFFICE
REPORT OF ACTIVITY
Town of (Name of Contract Town)
(DATE)
For the time period of (Starting date) to (Ending date), the Maricopa County Sheriffs Office
responded to calls for assistance or observed a total of (Number Input) situations requiring
intervention or response. Of these service indicators, (Number Input) were deputy-initiated on­
view activity and (Number Input) were citizen requests for service.
The number of citizen calls for service and deputy-initiated on-view activity are provided as one
indicator of the service level provided to your community. The activity indicators shown below
provide other statistical data related to the activity of the (Name of Contract Town) deputies.
The statistical crime data listed below is not the total number of incidents reported during this
period.
The following is a recap of certain service indicators in which the (Name of Contract Town)
Deputies responded.
PART 1: VIOLENT CRIMES
Criminal homicide o
Sexual assault o
Robbery o
Aggravated assault Q
Total Part 1 Violent Crimes: o
PART 1: CRIMES AGAINST PROPERTY
Burglaries:
Residentiallbusiness o
Automobile o
Stolen vehicle o
Theft o
Arson Q
Total Part 1 Property Crimes: o
TOTAL PART 1 CRIMINAL OFFENSES: o
21

PART 2: OTHER CRIMES AGAINST PERSONS
Other Assaults: o
Sexual Offenses: Q
Total Part 2 Crimes against Persons: o
PART 2: PUBLIC DISORDER CRIMES
Criminal Damage: o
Threats: o
Disorderly Conduct o
Violations of Court Order: o
Trespass: o
Weapons Violations Q
Total Part 2 Public Disorder Crimes: o
PART 2: DRUG AND ALCOHOL CRIMES
Narcotic / Drug Violations: o
Alcohol Violations: o
Total Part 2 Drug and Alcohol Crimes: o
PART 2: WHITE COLLAR CRIMES
Forgery: o
Fraud: Q
Total Part 2 White Collar Crimes: o
TOTAL PART 2 CRIMINAL OFFENSES: o
ARRESTS (IN-CUSTODY)
Homicide/Manslaughter o
Assault/Endangerment/Resisting o
Robbery o
Domestic Violence o
Threats o
Burglary/Theft o
Arson o
Forgery o
Narcotics o
Disorderly Conduct
Trespassing
Criminal Damage o
Traffic Violations o
DUl o
Alcohol Violations o
Violation of Court Order/Warrants o
Other:

Total o
ARRESTS (CITE AND RELEASE)
AssaultlEndangennent/Resisting 0
Domestic Violence 0
Threats/Weapons Violations 0
Theft/Burglary
Trespassing 0
Disorderly Conduct
Criminal Damage 0
Traffic Violations 0
DUI 0
Alcohol Violations 0
Narcotics 0
Curfuw 0
Town Code Violations Heavy trucks/Illegal Parking 0
Total 0
ARRESTS/JUVENILE
~~ 0
TRAFFIC CITATIONS
T~I 0
ENFORCEMENT ACTIVITY RECAPS
ENFORCEMENT ACTIVITY This Month Last Month Mo. Last Yr.
Criminal Arrests
Criminal Citations Issued
Driving Under Influence (DUI) Arrests
Interviews
Juvenile Referrals
Traffic Arrests
Traffic Violations
Traffic Warnings
Barking Dog Warnings Issued
False Alarm Warnings Issued
23

RESPONSE ACTIVITY RECAP
PATROL RESPONSE ACTIVITY This Month Last Month Mo. Last Yr.
Abandoned Vehicle
Accidents/Non-injury (including private property)
Accidents/Injury (including private property)
Alarms: Burglar, Panic, Robbery
Alcohol Violations
Animal Problem
Burglary Residential/Commercial
Burglary Vehicle
CitizenIMotorist Assist
Civil Matter/Standby
Code Violations
Drunk Disturbing
Fight - (Domestic Violence)
Fight
Injured/Sick Person
Mentally III
Speeding / Motorized Bike Disturbing
Narcotics
Neighbor trouble
Patrol Watch
Shooting Violation
Suspicious PersonIVehicle/Circumstances
Theft
Threatening/Annoying/Obscene Calls
Traffic Hazard
Trespassing
Welfare Check
POSSE ACTIVITY IN YOUR COMMUNITY
The Maricopa County Sheriffs Posse provided (number) man-hours and logged (Number) miles
on their vehicles for the month of(Name Month).
Community Patrol hours
Special Events hours
Business Watch hours
Neighborhood Vacation Watch hours
Traffic Control/Motorist Assist hours
Prisoner Transport hours
Total Posse Hours hours
24