LITCHFIELD PARK AGREEMENT.PDF

AGREEMENT FOR LAW ENFORCEMENT SERVICES
BETWEEN
THE CITY OF LITCHFIELD PARK
AND
MARICOPA COUNTY
on behalf of the Sheriff's Office
C-50-12-088-3-00
July 1, 2012 through June 30, 2017

TABLE OF CONTENTS
SECTION Page
I. General Provisions 3
A. Definitions 3
B. Legal Notices 4
C. Term of the Agreement 5
D. Automatic Renewal 5
E. Amendments 5
F. Termination 6
G. Insurance 6
H. Indemnification 7
1. Record Keeping and Audits 8
J. Construction of Agreement 8
II. Services 9
A. Service Provision 9
B. Establishment of Service Priorities 10
C. Maintenance of Sheriffs Substation 10
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 11
B. Explanation of Charges 12
C. Payment 15
D. Cost of Incarceration 15
IV. Authorization and Signature 16
Exhibit A Worksheet - Law Enforcement Reimbursement Costs and Charges
Exhibit B. Report Format
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Agreement for Law Enforcement Services
City of Litchfield Park
THIS INTERGOVERNMENTAL AGREEMENT FOR LAW ENFORCEMENT SERVICES (this
"Agreement") is made and entered into , 2012 between the City of Litchfield Park, an Arizona
municipal corporation ("Litchfield Park") and Maricopa County, a political subdivision of the State of Arizona (the
"County") on behalf of the Maricopa County Sheriffs Office.
RECITALS
WHEREAS, Litchfield Park has the authority, pursuant to the laws of the State of Arizona, to provide for
public health, safety, and the welfare of the people and property within its corporate boundaries, including, but not
limited to police protection; and
WHEREAS, Litchfield Park has neither the trained personnel nor the facilities to provide for Law
Enforcement Services, as defmed herein, and desires to enter into this Agreement with the County whereby the
Sheriff's Office will furnish Law Enforcement Services to Litchfield Park.
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 Sheriff's Office document communicating information
monthly to the City 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.
City means the City of Litchfield Park, an Arizona municipal corporation.
City Council means the Mayor and City Council of the City of Litchfield Park.
City Manager means the City Manager of the City of Litchfield Park, or hislher authorized
designee.
County means Maricopa County, a political subdivision of the State of Arizona.
Day means calendar day.
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District Commander means the Captain or designated Commander of the Sheriffs District
Office who is responsible for the corporate limits of Litchfield Park from which Law Enforcement
Services for this Agreement are conducted.
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).
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.AT.,
Posse Coordination)
Investigations of Alleged Crimes
Community Crime Prevention and Awareness Programs and Activities, including
vacation watch, and the city's Block Watch Program
Property and Evidence Safekeeping
Court Security on an on-call basis and after consultation between the District
Commander, the City Manager and the City's Presiding Judge
Assistance with City of Litchfield Park Ordinance Enforcement
Sheriffs Office means the Maricopa County Sheriff and those functions, activities and facilities
for which he has responsibility.
Worksheet (Exhibit A) means the annualized cost detail information page(s) for the designated
beat of service, or fraction of a beat of service on which monthly 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 (1) delivered to the party at the
address set forth below, (2) deposited in the U.S. Mail, registered or certified, return receipt
requested, to the address set forth below or (3) given to a recognized and reputable overnight
delivery service, to the address set forth below:
Ifto the County: Tom Manos
Maricopa County Manager
301 W. Jefferson, io" Floor
Phoenix, Arizona 85003
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If to the Sheriff's Office: Joseph M. Arpaio
Maricopa County Sheriff
100 W. Washington, Suite 1900
Phoenix, Arizona 85003
Scott R. Freeman, Chief of Administration
Maricopa County Sheriff
100 W. Washington, Suite 1900
Phoenix, Arizona 85003
If to the City: Honorable Thomas L. Schoaf
Mayor of Litchfield Park
214 W. Wigwam Blvd.
Litchfield Park, AZ 85340
Darryl H. Crossman, Manager
City of Litchfield Park
214 W. Wigwam Blvd.
Litchfield Park, AZ 85340
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.
C. Term of the Agreement
This Agreement shall become effective July 1, 2012 (the "Effective Date") following approval by
the City 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. of this Agreement.
D. 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. 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.
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 City 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
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during the Initial Term or any Additional Term of this Agreement will not become effective until
90 days after approval by the City Council and the Board.
F. 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 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 City, 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 City 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 City. The County
shall be solely responsible for any such deductible or self-insured retention
amount.
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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 City.
4. Limitation on Insured Liability. The County shall only be liable for such claims, losses,
damages or injuries that result from negligent actions or misconduct related to Law
Enforcement Services by the Sheriff's Office as contemplated by this Agreement.
H. Indemnification
1. Mutual Indemnitv. 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 City shall not indemnify, defend or hold harmless the
County, but the County shall indemnify the City, 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 City, 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. This indemnification obligation shall survive
the termination or expiration of this Agreement.
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1. 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 or Enforcement Communications Services between the
two parties, the most recent being that certain Agreement for Law Enforcement Services
between the parties recorded October 5, 2007 No. 2007-1096518 and amended and
recorded April 21, 2009 No. 2009-0349900.
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 City of Litchfield Park in
any State or Federal Court.
5. Governing Law. This Agreement shall be interpreted in accordance with Arizona law.
6 Independent Contractors. For purposes of A.R.S. § 3l-l21(d), the Sheriffs Office and its
employees shall be considered to be peace officers engaged as independent contractors,
not as employees, of the City 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.)
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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.
9. Scrutinized Business Operations. The parties certify that they do not have scrutinized
business operations in either Sudan or Iran, per A.R.S. § 35-391.06 and 35-393.06.
II. SERVICES
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 City. The Sheriffs Office shall have responsibility for investigating and enforcing
certain City code violations that directly impact public safety and that fall within the
definition of Law Enforcement Services set forth above. The City Manager and the
District Commander shall establish between themselves the Sheriffs Office duties and
responsibilities pertaining to the City 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. This is a partial beat contract, patrol deputies
shall be physically within the City's jurisdiction as contracted. 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 City upon request.
b. 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 City.
3. Citation into City Court. Misdemeanors, traffic infractions and civil violations occurring
within the corporate limits of the City shall be cited into the City's Magistrate Court.
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B. Establishment of Service Priorities
1. Personnel Utilization. District personnel shall be utilized in the most efficient manner to
meet the needs of the City, as determined by the District Commander.
2. Setting Priorities. The District Commander and the City 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 City. Priorities shall be communicated through
the appropriate Sheriffs Office chain of command to the patrol units providing Law
Enforcement Services within the City's jurisdiction. The City Manager and the District
Commander shall meet as often as necessary on other occasions to ensure the highest
quality overall provision of Law Enforcement Services to the City.
3. Criminal Activity Increases. If the Sheriffs Office, acting through the District
Commander in consultation with the City Manager, observes that criminal activity is
dramatically increasing in the City, the Sheriffs Office will temporarily deploy support
units as deemed reasonably necessary to suppress such activity. Increases and decreases
in supplemental service will be supported by relevant crime data. Short term
deployments of additional resources will be at no additional cost to the City. Longer term
deployments (in excess of three months) will be subject to cost reimbursement via an
amendment to this Agreement. Charges for additional services shall incorporate the same
methodology described in Section III of this Agreement and shall be pro-rated as
necessary. The parties agree and understand that the length of time to establish and hire
new positions can be up to six (6) months.
4. Changes to Service Levels. Amendments to change the service levels in this Agreement
shall be made in accordance with Section I, Subsection E above.
5. The Sheriffs Office will, to the extent possible, inform the Litchfield Public Works
Director of any flooding/weather-related problems, malfunctioning streetlights, missing
storm grates, and other conditions that may pose a risk management or safety threat as it
pertains to the City of Litchfield Park property, observed by the Deputy on Patrol.
C. Maintenance of Sheriff's Substation
The Sheriffs Office District II Command Post, from which patrol deputies assigned to the City
start and end their work days and, on occasion, are required to attend command meetings, is
located at 920 E. Van Buren in Avondale. For efficiency and public safety visibility, deputies
are encouraged to use designated space at City Hall provided by the City to conduct Sheriffs
Office Business.
D. Community-Oriented Policing
The primary responsibility and priority of the patrol unit assigned to Litchfield Park is to provide
Law Enforcement Services to Litchfield Park. The District Commander shall ensure that policies
and procedures are in place and implemented within the corporate limits of Litchfield Park
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. City Manager Responsibilities. The City Manager or authorized designee is responsible
for coordinating all Law Enforcement Services within the City as well as conveying the
wishes of the City Council to the District Commander with respect to Law Enforcement
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Services. While the City 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 City expects
the Sheriffs Office to reasonably respond to its needs for Law Enforcement Services as
conununicated through the City Manager or authorized designee.
2. Maricopa County Sheriff Responsibilities. 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.
3. Removal of Assilmed Staff. The City, acting through the City Manager shall have the
right to request in writing that any staff assigned to service within the City by the
Sheriff's Office be reassigned or otherwise removed from service within the City. When
such request is made, the Sheriff s Office shall comply as soon as reasonably practical,
but in any case within no more than three weeks after such request is made.
F. Reports and Information
1. 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 City will be in writing to the District Commander and responses will be limited to
credible/verifiable information that is readily available from the Sheriffs Records
Management System (RMS), Computer-Aided Dispatch (CAD) System, and any other
law enforcement information system that may be adopted by the Sheriffs Office during
the term of this Agreement.
3. FinanciaVAdministrative Information. Requests by the City 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 Sheriff's Office Chief of Administration.
III. REIMBURSEMENT COSTS AND CHARGES
A. Reimbursement for Law Enforcement Services
1. Worksheet to Determine Reimbursement Amount. The City agrees to reimburse the
Sheriff s Office for all Law Enforcement Services rendered for the contracted level of
service as outlined in the Worksheet Exhibit A. Maricopa County Sheriffs Office Law
Enforcement Reimbursement Costs and Charges (by fiscal year). The City of Litchfield
Park Worksheet Exhibit A., cost specific to FY 2013, is attached to this document and
will be replaced annually for the duration of this Agreement.
2. Annual Review and Revision of Costs. The reimbursement costs for this Agreement are
reviewed and revised annually in response to actual changes in costs, e.g. average hourly
pay rates, special pay, employer benefits costs and mileage charges. The Sheriffs
Office recognizes the City's need to have information early for its budget and planning
process. Therefore, the following schedule should be adhered to each year:
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a. By February 20 of each year that falls within the term of this Agreement and for
each one-year term of the up to five automatic annual renewal terms, the
Sheriffs Office will provide the City an updated Exhibit A. Maricopa County
Sheriffs Office Law Enforcement Reimbursement Costs and Charges (by
fiscal year) stating costs and charges for the coming fiscal year.
b. Each annual worksheet proposal shall employ consistent methodology
applicable to all Sheriff's Office contract cities and towns. The Sheriffs Office,
the County or the City cannot arbitrarily change costs.
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 City 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 staffing requirements (in addition to five (5) FTE deputies) per
beat shall be:
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 City may request and fund additional supervisory, specialized deputies,
and/or clerical positions beyond the beat-driven calculation. Such requests will
be incorporated in Part 1, Personnel Services, of the 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
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 City.
The Staffing Allocation Factor to be applied in this Agreement is:
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Staffing Allocation Factor
24 hour I 7 day post 5.00 FTE
8 hour I 7 day post 1.67 FTE
8 hour 15 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
th(jifcllfrent 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 Infonnation Technology. Sophisticated and costly information and
communications systems are used in everyday Sheriff's 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 City's portion of Sheriff's 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 City shall be taken from the
Sheriffs 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 City's
calculated share for applicable information system use, desktop support, and
datalinfonnation reporting, based on its percent of patrol service volume applied
to the overall patrol's share for applicable information systems, desktop support,
and datalinformation reporting.
c. Wireless and Mobile Data Computing Charges: The annual total of monthly
charges associated with the number ofradios/MDC's and, when applicable, cell
phones by FTE and dedicated patrol vehic1e(s).
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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
of patrol vehicles using the County's vehicle replacement plan.
d. Maintenance of vehicles is the responsibility of the Sheriffs Office.
5. Other Equipment and One-Time Cost Reimbursement.
a. The City 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 City 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, bulletproof vests and cell phones.
c. The City 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 City.
d. All one-time equipment items and replacement regardless of funding source,
shall be County property subject to the following:
(i) The City 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 City 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 City may request transfer of vehicle
ownership to the City of any vehicle(s) originally purchased in
conjunction with contracted law enforcement service delivery to
the City. 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
Sheriffs vehicles. Such enhancements would be removed and remain
County property. The City will be responsible for the timely removal
of all County and Sheriffs Office markings.
(iv) The cost to the City of transferred vehicles would be $1.00 plus any
title and licensing transfer fees.
14

(v) In the event of early termination of this Agreement, the City 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
COUDty that indirect cost recovery is necessary. If adopted, indirect cost recovery would
be implemented in conjunction with a new fiscal year.
;-t;{ "
C. Payment
1. The City agrees to pay for all Law Enforcement Services rendered as outlined in
Worksheet (Exhibit A), beginning with Fiscal Year 2013, the amount of which is
$503,331. 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 zo" day of each
month, beginning with the first month of the Initial Term. The annual reimbursement
amount for Law Enforcement Services beginning with Fiscal Year 2014 and for each
year thereafter through the Initial Term and subsequent automatic renewal terms will be
determined and issued per Section III. Subsection A. of this Agreement.
2. Payment for increases (or decreases) 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 financial responsibilities of the City 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
Litchfield Park has the authority to enter into this Agreement pursuant to A.R.S. §9-498 and §11-952, and
the County has the authority to enter into this Agreement pursuant to A.R.S. §§11-951 et seq.
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the date of the last signature set
forth below.
MARICOPA COUNTY, a political subdivision of the CITY OF LITCHFIELD PARK, an Arizona
State of Arizona municipal corporation
By: "--­ _
Max W. Wilson Date af Date
Chairman, Board of Supervisors
ATTEST: ATTEST:
-v4'-J4Lf.J...'IL..!..-~~~--~iuJ 2012 /?l~f?~/ h~ l-/t r ; .l.­
MaryR6; Evans, CIty Clerk Date
M~COPACO
BY~
Joseph M. Arpaio, Sheriff
In accordance with the requirements of A.R.S. § 11-952(D), the undersigned attorneys acknowledge that (i) they have reviewed
the above Agreement on behalf of their respective clients and (ii) as to their respective clients only, each attorney has determined
that this Agreement is in proper form and that execution hereof is within the powers and authority granted under the laws of the
State of Arizona.
~~&.dz.~ - 7~/ro-{L
Deputy County Attorney Date
16

Worksheet Exhibit A.
City of Litchfield Park
Maricopa County Sheriffs Office
Law Enforcement Reimbursement Costs and Charges
FY 2013
(July 1, 2012 through June 30, 2013)
BEATS 0.75
Total Contract Cost $503,331
Part 1 Personnel Services $453,480
Annual Hours Budgeted 2088
Fixed Fringe
$8904 + Wkrs
Hourly Variable Hourly Plus Compand
Position FTE Rate Fringe Rate Variable Unemp $313 Annualized
Patrol Beat Deputies 3.75 $24.58 32.78% $32.64 $ 9,217 $290,115
Detectives 0.45 $26.23 32.78% $34.83 $ 9,217 36,872
Sergeants 0.47 $33.72 32.78% $44.77 $ 9,217 48,271
Lieutenants 0.23 $40.95 32.78% $54.37 $ 9,217 28,232
Captain 0.14 $49.77 32.78% $54.37 $ 9,217 20,608
Clerical Office Assistant 0.12 $13.03 17.75% $15.34 $ 9,217 4,950
Dispatcher (TCO) 032' $19.29 17.75% $22.71 $ 9,217 18,197
Sub Total Salary and Benefits $447,245
Staffing Allocation Factor FTE Staffing Requirements
24 hour / 7 day post 5.00 FTE 0.50 Detectiws 1 Beat
8 hour / 7 day post 1.67 FTE 1.00 Sergeant for 9 Deputies
8 hour / 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 1 Beat
Eligible
Special Pay FTEs Cost
Owrtime/Shift Differential 4.67 $1,335.04 6,235
Sub Total Personnel Ser'.1ces $453,480
Part 2 Supplies and Rent $9095 ,
Applicable FTEs 5.16 FTE total minus Dispatch
Supply Cost 643.21 Per applicable FTE 3,319
Ammunition 546.10 Per Sworn FTE 5.04 2,752
Uniform Allowance 600.00 Per Sworn FTE 5.04 3,024
Sub Total Supplies and Rent $9,095
Part 3. Communications and Information Technology (IT) $10,069
Sworn FTEs 5.04
Dispatch Costs (see Pers. S\Cs.) Located in Personnel Section 1. Above
System Maintenance and User
Support 7,141 Proportionate based on Patrol Costs 7,141
Wireless and Mobile Data Monthly Charges Per Unit by Sworn FTE 5.04
Computing (MDC) Charges 2,928 & Vehicle (1) 2,928
Sub Total Communications and IT $10,069
A-I

Part 4. Vehicles and Equipment $30,686
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 42,151 $14,753 14,753
Vehicle Depreciation $0.305 42,151 $12,856 12,856
Equipment Depreciation $0.073 42,151 $3,077 3,077
Sub Total Vehicles and Equipl $30,686
Part 5. One-Time Costs
This section is reserved for costreimbursement ofreplacement or newequipment 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.
When the methodology is detemined, the Agreement viII be amended and the rate Voill be included in
this section.
Notice Date: 2115/2012
A-2

Worksheet Exhibit B.
MARICOPA COUNTY SHERIFF'S OFFICE
REPORT OF ACTIVITY
City of (Name of Contract City)
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 City) 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
City) Deputies responded.
PART 1: VIOLENT CRIMES
Criminal homicide o
Sexual assault o
Robbery o
Aggravated assault o
Total Part 1 Violent Crimes: o
PART 1: CRIMES AGAINST PROPERTY
Burglaries:
Residentiallbusiness o
Automobile o
Stolen vehicle o
Theft o
Arson o
Total Part 1 Property Crimes: o
TOTAL PART 1 CRIMINAL OFFENSES: o
B-1

Worksheet Exhibit B.
PART 2: OTHER CRIMES AGAINST PERSONS
Other Assaults: o
Sexual Offenses: o
Total Part 2 Crimes against Persons: o
PART 2: PUBLIC DISORDER CRIMES
Criminal Damage: o
Threats: Tij\~""~,,lm o
Disorderly Conduct o
Violations of Court Order: o
Trespass: o
Weapons Violations o
Total Part 2 Public Disorder Crimes: o
PART 2: DRUG AND ALCOHOL CRINIES
Narcotic / Drug Violations: o
Alcohol Violations: Q
Total Part 2 Drug and Alcohol Crimes: o
PART 2: WHITE COLLAR CRIMES
Forgery: o
Fraud: o
Total Part 2 White Collar Crimes: o
TOT AL PART 2 CRIMINAL OFFENSES: o
ARRESTS (IN-CUSTODY)
HomicidelManslaughter 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
DUI o
Alcohol Violations o
Violation of Court Order/Warrants o
Other:
Total o
B-2

Worksheet Exhibit B.
ARRESTS (CITE AND RELEASE)
AssaultlEndangennentlResisting o
Domestic Violence o
Threats/Weapons Violations o
Theft/Burglary
Trespassing o
Disorderly Conduct
Criminal Damage o
Traffic Violations o
DUI o
Alcohol Violations o
Narcotics o
Curfew o
City Code Violations Heavy trucks/Illegal Parking o
Total o
ARRESTS/JUVENILE
Total o
TRAFFIC CITATIONS
Total o
ENFORCEMENT ACTIVITY RECAPS
ENFORCEMENT ACTIVITY This Month Last Month Mo. Last Yr.
Criminal Arrests
Criminal Citations Issued
Driving Under Influence (DUT) Arrests
Interviews
Juvenile Referrals
Traffic Arrests
Traffic Violations
Traffic Warnings
Barking Dog Warnings Issued
False Alarm Warnings Issued
B-3

Worksheet Exhibit B.
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
Citizen/Motorist 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 Sheriff's Posse provided (number) man-hours and logged (Number) miles
on their vehicles for the month of (Narne 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
B-4