CAREFREE LAW ENFORCEMENT SERVICES.PDF
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AGREEMENT FOR LAW ENFORCEMENT SERVICES
BETWEEN THE TOWN OF
CAREFREE
AND
MARICOPA COUNTY
on behalf of the Sheriffs Office
C-50-17- -3-00
July 1, 2017 through June 30, 2020
TABLE OF CONTENTS
SECTION Page
General Provisions 3
A. Definitions 3
B. Legal Notices 5
C. Term of the Agreement 6
D. Automatic Renewal 6
E. Amendments 6
F. Termination 6
G. Insurance 6
H. Indemnification 7
I. Record Keeping and Audits 8
J. Construction of Agreement 8
Services 9
A. Service Provision 9
B. Establishment of Service Priorities 10
C. Maintenance of Sheriff's Substation 10
D. Community-Based Policing 10
E. Chain of Command and Responsibility for Performance Standards 11
F. Reports and Information 11
Reimbursement Costs and Charges 11
A. Reimbursement for Law Enforcement Services 11
B. Explanation of Charges 12
C. Payment 16
D. Cost of Incarceration 16
IV. Authorization and Signature 17
Exhibit A Worksheet — (Cost Detail)
Exhibit B. Report Format
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Agreement for Law Enforcement Services
between Town of Carefree
and Maricopa County
on behalf of the Sheriff's Office
C-50-17- -3-00
THIS INTERGOVERNMENTAL AGREEMENT FOR LAW ENFORCEMENT SERVICES (this
"Agreement") is made and entered into , 2017 between the Town of Carefree, an Arizona municipal
corporation ("Carefree" or "Town") and Maricopa County, a political subdivision of the State of Arizona (the
"County") on behalf of the Maricopa County Sheriffs Office ("MCSO").
RECITALS
WHEREAS, Carefree has the authority, pursuant to the laws of the State of Arizona, to provide for public
health, safety, and the welfare of the people and property within its corporate boundaries, including, but not limited
to police protection; and
WHEREAS, Carefree has neither the trained personnel nor the facilities to provide for Law Enforcement
Services, as defined herein, and desires to enter into this Agreement with the County whereby the MCSO will
furnish Law Enforcement Services to Carefree.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by
reference, the promises and covenants set forth below, and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the Parties hereby agree as follows:
I. GENERAL PROVISIONS
A. Definitions
As used throughout this Agreement, the following terms shall have the meanings set forth in this
Section:
Agreement means this document and all attachments hereto.
Annual Cost Notification Letter means the letter from the MCSO to the Town that is issued by
February 20 of each year with the updated Worksheet Exhibit A. indicating the costs for the next
fiscal year.
Basic Reporting means the standardized MCSO document submitted by the District Commander
to the Town that communicates information monthly regarding its calls for service, crime,
criminal activity and public or community assists. Exhibit B. to this agreement.
Beat means the basic increment of Law Enforcement Services that provides a post equal to one
deputy FTE 24 hours per day x 7 days per week, 52 weeks per year. There are five (5) patrol
deputies plus established staffing requirements in one beat of service.
Board means the Maricopa County Board of Supervisors.
Calendar Year means a twelve-month period beginning January 1 and ending December 31.
Contracted Level of Service means the number of beats or fractions of beats indicated in
Worksheet Exhibit A. plus any additional optional positions; the associated supplies, services,
technology and equipment that support the Agreement.
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County means Maricopa County, a political subdivision of the State of Arizona.
Day means calendar day.
Deputy means sworn Law Enforcement Officer for the Maricopa County Sheriffs Office and can
also be referred as "Detective,"; "School Resource Officer"; and "Traffic Enforcement Officer."
District Commander means the Captain or designated Commander of the MCSO District Office
which includes the corporate limits of Carefree from which Law Enforcement Services for this
Agreement are conducted.
Fiscal Year means a twelve-month period beginning July 1 through June 30.
FTE (full time equivalent) means a unit that indicates the workload of an employed person in a
way that makes workloads comparable across the organization. One (1) FTE equals one (1)
position for the total number of budgeted working hours in a given fiscal year, as determined by
the County (2088).
Initial Term shall have the meaning set forth in Section I, Subsection C. of this Agreement.
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, including
vacation watch
• Property and Evidence Safekeeping
• Court Security on an on-call basis and after consultation between the District
Commander, the Town Administrator and the Town's Presiding Judge
• Perform the duties of the Town's Law Enforcement Agent (as defined in the Town Code)
as requested by the Town Administrator.
MCSO means the Maricopa County Sheriff and those functions, activities and facilities for which
he has responsibility.
Staffing Allocation Factor means the FTE to staff one of three types of posts: 24-hour /7 post
(5) FTE; 8 hour/ 7 day post (1.67) FTE; an 8 hour /5 day post (1.19) FTE.
Staffing Requirements means established staffing ratios used for contracted law enforcement
services. Examples: five (5) Patrol Law Enforcement Officers per Beat of Service; one-half (.5)
Detective Law Enforcement Officer per Beat of service; one (1) FTE Law Enforcement Sergeant
per nine (9) deputy positions; etc.
Town means the Town of Carefree, an Arizona municipal corporation.
Town Administrator means the Town Administrator of the Town of Carefree, or his/her
authorized designee.
Town Council means the Mayor and Town Council of the Town of Carefree.
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) at the contracted
level of service on which monthly billings for a given fiscal year are based and is updated
annually.
B. Legal Notices
Any notice or other communication required or permitted to be given under this Agreement shall
be in writing and shall be deemed to have been duly given if (1) delivered to the party at the
address set forth below, (2) deposited in the U.S. Mail, registered or certified, return receipt
requested, to the address set forth below or (3) given to a recognized and reputable overnight
delivery service, to the following address:
If to the County: Joy Rich
Maricopa County Manager
301 W. Jefferson, 10th Floor
Phoenix, Arizona 85003
If to the MCSO: Paul Penzone
Maricopa County Sheriff
550 West Jackson Street
Phoenix, Arizona 85003
Chief of Administration
Maricopa County Sheriff
550 West Jackson Street
Phoenix, Arizona 85003
If to the Town: Honorable Les Peterson
Mayor of Carefree
Carefree Town Hall
8 Sundial Circle
Carefree, AZ 85377
Gary Neiss
Town Administrator
Carefree Town Hall
8 Sundial Circle
Carefree, AZ 85377
e-mail: gary@carefree.org
or at such other address, and to the attention of such other person or officer, as any party may
designate in writing by notice duly given pursuant to this Section. Notices shall be deemed
received (1) when delivered to the party, (2) three business days after being placed in the U.S.
Mail, properly addressed, with sufficient postage or (3) the following business day after being
given to a recognized overnight delivery service, with the person giving the notice paying all
required charges and instructing the delivery service to deliver on the following business day. If a
copy of a notice is also given to a party's counsel or other recipient, the provisions above
governing the date on which a notice is deemed to have been received by a party shall mean and
refer to the date on which the party, and not its counsel or other recipient to which a copy of the
notice may be sent, is deemed to have received the notice.
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C. Term of the Agreement
This Agreement shall become effective July 1, 2017 (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, 2020 (the "Initial Term") and its automatic renewal terms, unless
terminated pursuant to Section I, Subsection F of this Agreement.
D. Automatic Renewal
Following the Initial Term, this Agreement shall automatically renew for up to three (3)
successive one-year terms, (each, an "Additional Term"), with all the terms of this Agreement in
effect, unless and until renegotiated or terminated pursuant to (1) a non-renewal notice as set forth
below in this Subsection or (2) Section I, Subsection F below.
Notice of non-renewal by either party shall be (1) in writing and (2) delivered to the other party by
April 15 to exercise non-renewal of this Agreement.
E. Amendments
This document contains the entire Agreement of the parties and cannot be changed orally. Any
changes or modifications of this Agreement must be in the form of a written amendment (1)
approved by the Town Council and the Board and (2) signed by both parties. Requests for
amendments to increase or decrease levels of Law Enforcement Services within a given year
during the Initial Term or any Additional Term of this Agreement will not become effective until
90 days after approval by the Town Council and the Board.
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 Town, its agents,
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representatives, officers, directors, officials and employees as Additional
Insured as specified under the respective coverage sections of this Agreement.
b. Coverage Term: All insurance required herein shall be maintained in full force
and effect until all Law Enforcement Services required to be performed under
the terms of this Agreement are satisfactorily performed.
C. Primary Insurance; County's insurance shall be primary insurance with respect
to performance of the Law Enforcement Services included in this Agreement
and in the protection of Town as an Additional Insured.
d. Policy Deductibles and or Self-Insured Retentions: The policies set forth in
these requirements may provide coverage that contains deductibles or
self-insured retention amounts. Such deductibles or self-insured retention shall
not be applicable with respect to the policy limits provided to Town. The
County shall be solely responsible for any such deductible or self-insured
retention amount.
2. Required Insurance Coverage:
a. Public Entity Liability: County shall maintain public entity liability coverage
for bodily injury and property damage with an unimpaired limit of not less than
$5,000,000 for each occurrence; no aggregate limit. The policy shall cover
liability arising from premises/operations and personal injury.
b. Automobile Liability: The County shall maintain Business Automobile
Liability insurance with a limit of $5,000,000 combined single limit each
occurrence on County's owned, hired and non-owned automobiles assigned to
or used in the performance of the Law Enforcement Services under this
Agreement.
C. Workers' Compensation Insurance: County shall maintain Workers'
Compensation insurance to cover obligations imposed by federal and state
statutes having jurisdiction of County's employees engaged in the performance
of Law Enforcement Services under this Agreement and shall also maintain
Employer's Liability Insurance of $2,000,000 for each accident, $500,000
disease for each employee and $2,000,000 disease-policy limit.
3. Cancellation, Material Changes and Expiration Notice: Insurance required herein shall
not expire, be canceled, or materially changed without thirty (30) days' prior written
notice to the Town.
4. Limitation on Insured Liability. The County shall only be liable for such claims, losses,
damages or injuries that result from negligent actions or misconduct related to Law
Enforcement Services by the MCSO as contemplated by this Agreement.
H. Indemnification
Mutual Indemnity. To the extent permitted by law and notwithstanding any liability
insurance or other conditions of this Agreement, each party hereby covenants and agrees
to indemnify, defend and hold harmless the other party, its officers, employees,
contractors and agents for, from and against all suits, actions, legal or administrative
proceedings, claims, demands or damages of any kind or nature relating to this
Agreement which are the result of any act or omission of the party, its officers,
employees, contractors, agents and/or anyone acting under its direction or control
whether intentional or negligent, in connection with or incidental to this Agreement.
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2. MCSO Actions. The Town shall not indemnify, defend or hold harmless the County, but
the County shall indemnify the Town, for any suits, actions, legal or administrative
proceedings, claims, demands or damages of any kind or nature brought against the
County as a result of any act or omission of the MCSO which is caused or alleged to have
been caused by the negligence or misconduct of any member of the staff of the MCSO or
which occurs while any such staff member is performing Law Enforcement Services not
directly related to this Agreement. The County shall pay, on behalf of the Town, all
judgments, fines, penalties, interest on judgments, fines and penalties, or costs including
attorney's fees, court costs, expert witness fees and discovery costs associated with a
claim brought hereunder. The indemnity under this Agreement shall commence as of the
Effective Date of this Agreement and shall continue in full force and effect with respect
to any and all actions, legal or administrative proceedings, claims, demands or damages
of any kind or nature arising out of or relating to this Agreement.
I. Record Keeping and Audits
1. Required Records. The parties agree to maintain and furnish to each other such records
and documents pertaining to the Law Enforcement Services provided pursuant to this
Agreement as may be required by applicable Federal and State laws, rules and
regulations.
2. Audit. Each party, prior to conducting an audit, must give thirty (30) calendar days'
notice to the other party. If the audit indicates that fees or billable items have been
charged incorrectly, each party agrees to make appropriate corrections and adjustments.
J. Construction of Agreement
1. Superseding Prior Agreements. This Agreement replaces and supersedes any existing
Agreement for Law Enforcement Services between the two parties, the most recent being
that certain Agreement for Law Enforcement Services between the parties executed June
20, 2012 (C-50-12-087-3-00) and Amendment 1 to that Agreement, effective February
12, 2014 (C-50-12-087-3-01).
2. Severabilitv. Every provision of this Agreement is and will be construed to be a separate
and independent covenant. If any provision in this Agreement or the application of the
same is, to any extent, found to be invalid or unenforceable, then the remainder of this
Agreement or the application of that provision to circumstances other than those to which
it is invalid or unenforceable will not be affected by that invalidity or unenforceability.
Each provision in this Agreement will be valid and will be enforced to the extent
permitted by law and the parties will negotiate in good faith for such amendments of this
Agreement as may be necessary to achieve its intent, notwithstanding such invalidity or
unenforceability.
3. No Waiver; No Accord or Satisfaction. The failure of either party to insist in any one or
more instances upon the full and complete performance of any of the terms and
provisions of this Agreement to be performed on the part of the other or to take any
action permitted as a result thereof shall not be construed as a waiver or relinquishment
of the right to insist upon full and complete performance of the same or any other
covenant or condition either in the past or in the future. The acceptance by either party of
sums less than any that may be due and owing at any time shall not be construed as an
accord and satisfaction.
4. Entire Agreement. This Agreement contains all the terms and conditions agreed to by the
parties. No other understanding, oral or otherwise, regarding the subject matter of this
Agreement shall be deemed to exist or to bind any of the parties hereto. Nothing in this
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Agreement shall be construed as consent to any suit or waiver of any defense in a suit
brought against the State of Arizona, Maricopa County, or the Town of Carefree in any
State or Federal Court.
5. Governing Law. This Agreement shall be interpreted in accordance with Arizona law.
6 Independent Contractors. For purposes of A.R.S. § 31-121(d), the MCSO and its
employees shall be considered to be peace officers engaged as independent contractors,
not as employees, of the Town while performing the responsibilities imposed by this
Agreement.
7. Cancellation for Conflict of Interest. This Agreement is subject to the provisions of
A.R.S. § 38-511. (Cancellation of political subdivision and state contracts.)
8. E-Verify. The parties mutually warrant that they are in compliance with A.R.S. § 41-
4401 and further acknowledge that they and their subcontractors, if any, warrant their
compliance with A.R.S. § 41-4401, and all federal immigration laws and regulations that
relate to their employees and their compliance with A.R.S. § 23-214, subsection A and
shall keep a record of the verification for the duration of the employee's employment or
at least three years, whichever is longer.
II. SERVICES
Services shall be provided at levels designated by contract in Worksheet (Exhibit A.) Contracted service
levels are supported by quantitative and qualitative data such as population, crime, number of calls for
service, call for service response times and proximity to MCSO substation for backup support. MCSO
will deploy its resources in the safest and most efficient way. Requests for reductions in service levels will
only be considered with optional additional service items or sustained quantifiable reductions in demand
indicators such as population, calls for service, and crime rates.
For Fiscal Year 2017-18, the MCSO 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 of this Agreement.
A. Service Provision
1. Scope of Services. The County, by and through the MCSO, shall provide the Law
Enforcement Services described in this Agreement within the incorporated limits of the
Town. The MCSO shall have responsibility for investigating and enforcing certain Town
code violations that directly impact public safety and that fall within the definition of
Law Enforcement Services set forth above. The Town Administrator and the District
Commander shall establish between themselves the MCSO 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. However, Patrol deputies shall be physically
within the Town's jurisdiction at the level of contracted service provided for in
Worksheet (Exhibit A.) of this Agreement. The MCSO shall allow management of
dispatch and deputy response times for Emergency Priority 1 Calls as follows:
a. Emergency Priority 1 Calls shall be answered within sixty (60) seconds. The
dispatch time shall be measured from the point at which the call is answered to
the time the dispatcher initiates radio notification to the deputy assigned to
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respond. Any dispatch taking more than sixty (60) seconds to complete shall be
documented, and reports shall be made available to the Town upon request.
b. Emergency Priority 1 Calls 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 MCSO upon
request from the Town.
3. Citation into Town Court. Misdemeanors, traffic infractions and civil violations
occurring within the corporate limits of the Town shall be cited into the Magistrate Court
designated by the Town.
B. Establishment of Service Priorities
1. Personnel Utilization. District personnel shall be deployed and utilized in the safest,
most efficient manner to meet the needs of the Town and MCSO, as determined by the
District Commander.
2. Setting Priorities. The District Commander and the Town Administrator or their
authorized designees 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 MCSO chain of command to the patrol units
providing Law Enforcement Services within the Town's jurisdiction. The Town
Administrator and the District Corrunander shall meet as often as necessary on other
occasions to ensure the highest quality overall provision of Law Enforcement Services to
the Town.
3. Criminal Activity_ Increases. If the MCSO, acting through the District Commander in
consultation with the Town Administrator, observes that criminal activity is dramatically
increasing in the Town, the MCSO will temporarily deploy support units as deemed
reasonably necessary to suppress such activity. Increases and decreases in supplemental
service will be supported by relevant crime data. Short term deployments of additional
resources will be at no additional cost to the Town. Longer term deployments (in excess
of three months) will be subject to cost reimbursement via an amendment to this
Agreement. Charges for additional services shall incorporate the same methodology
described in Section III of this Agreement and shall be pro-rated as necessary. The
parties agree and understand that the length of time to establish and hire new positions
can be up to nine (9) months.
4. Changes to Service Levels. Amendments to change the service levels in this Agreement
shall be made in accordance with Section I, Subsection E of this Agreement.
C. Maintenance of Sheriff's Substation
The sub-station from which this contract is managed is located in the Town of Cave Creek.
Carefree's share of the cost is explained in Section III.B.2. of this Agreement.
D. Community-Oriented Policing
The District Commander shall ensure that policies and procedures are in place and implemented
within the corporate limits of Town 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.
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E. Chain of Command and Responsibility for Performance Standards
1. Town Administrator Responsibilities. The Town Administrator or authorized designee is
responsible for coordinating all Law Enforcement Services within the Town as well as
conveying the wishes of the Town Council to the District Commander with respect to
Law Enforcement Services. While the Town Administrator or authorized designee shall
have no chain of command authority to direct the operations of the deputies from the
MCSO, such authority being reserved to the Maricopa County Sheriff pursuant to
Section II, Subsection E (2), below, the parties to this Agreement understand that the
Town expects the MCSO to reasonably respond to its needs for Law Enforcement
Services as communicated through the Town Administrator or authorized designee. The
District Commander shall, at all times, consider the request of the Town Administrator or
authorized designee with respect to the implementation of Law Enforcement Services.
2. 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 Assigned Staff. The Town, acting through the Town Administrator shall
have the right to request in writing that any staff assigned to service within the Town by
the MCSO be reassigned or otherwise removed from service within the Town. When
such request is made, the MCSO shall comply as soon as reasonably practical, but in any
case within no more than three weeks after such request is made.
F. Reports and Information
1. Basic Reporting. This Law Enforcement Services Agreement is limited to law
enforcement service delivery and the management thereof. The terms of this Agreement
provide for Basic Reporting as defined in Section I, Subsection A. of this Agreement.
The Town and District Commander may agree on an alternate basic format personalized
to the Town. Exhibit B, attached hereto and incorporated herein by reference is the
reporting format for this Agreement.
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 MCSO 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 MCSO Chief of Administration.
HI. REIMBURSEMENT COSTS AND CHARGES
A. Reimbursement for Law Enforcement Services
1. Worksheet to Determine Reimbursement Amount. The Town agrees to reimburse the
MCSO for all Law Enforcement Services rendered as outlined in the attached
Worksheet(s) (Exhibit A.) for the first year (July 1, 2017 through June 30, 2018) of the
first term (July 1, 2017 through June 30, 2020) of this Agreement.
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2. Annual Review of Costs. The reimbursement costs for this Agreement are reviewed and
revised on an annual basis. The MCSO recognizes the Town's need to have information
early for its budget and planning process. 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 MCSO will provide the Town and updated Worksheet
(Exhibit A.) with Law Enforcement Services charges for the coming fiscal year.
b. The MCSO, the County or the Town cannot arbitrarily change costs. Each
annual worksheet proposal shall employ consistent methodology applicable to
all MCSO contract cities and towns.
c. Unforeseeable and unavoidable cost increases that are applicable to all contracts
and are effective with the coming fiscal year but unknown at the time of the
February 20 issuance of Worksheet (Exhibit A.), such as changes in retirement
contribution rates, mandated changes to staffing requirements, safety standards
or reporting requirements, or acquisition and use of new equipment that is policy
mandated 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, an explanation from the County outlining the increases will be included
in the Annual Cost Notification Letter.
B. Explanation of Charges
The MCSO annual Worksheet (Exhibit A.) shall be beat-driven and prepared with the following
sections:
1. Personnel Services. The methodology used for calculating Personnel Services is a direct
cost recovery formula for actual services delivered and shall not be arbitrarily changed.
Personnel Costs are determined using FTE (full time equivalents).
a. Computation of personnel for this Agreement is as follows:
The basic increment of Law Enforcement Services for providing one deputy
FTE 24 hours per day x 7 days per week, 52 weeks per year post is the Beat. It
takes five (5) patrol deputies to cover one beat of law enforcement service plus
additional specific staffing requirements.
The formula for staffing requirements per beat shall be:
FTE Staffing Requirements*
5.00 Patrol Deputies 1 Beat
0.50 Detectives 1 Beat
1.00 Sergeant for 9 Deputies
1.00 Lieutenant for 18 Deputies
1.00 Captain for 30 Deputies
0.14 Clerical for 1 Beat
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* The Town may request and fund additional supervisory, specialized deputies,
and/or clerical positions beyond the beat-driven calculation. In all cases, the
contracted supervisory personnel (Sergeant, Captain, and Lieutenant) FTE
staffing in aggregate must meet minimum requirements for supervisory
personnel. Such requests will be incorporated in Part 1, Personnel Services, of
the Worksheet (Exhibit A).
The Staffing Allocation Factor represents the basic staffing requirement
(including required coverage and shift relief factors) in a single beat. The
Staffing Allocation Factor is determined according to the time period of each
post within a beat (i.e. 24 hours per day, seven days per week vs. eight hours per
day, five days per week) on an organization-wide basis, which is then applied to
all positions necessary to provide the Law Enforcement Services to the Town.
The Staffing Allocation Factor to be applied in this Agreement is:
Staffing Allocation Factor
24 hour / 7 day post 5.00 FTE
8 hour /7 day post 1.67 FTE
8 hour / 5 day post 1.19 FTE
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 then current fiscal year. 2088 is the annual
number of hours used for one FTE.
(ii) Variable Fringe Benefits: This percent is the Employer's Retirement
contribution Rate, Long-Term Disability, FICA and Medicare
applicable to the hourly rate. Variable benefits are based on current
fiscal year budgeted amounts.
(iii) Fixed Fringe Benefit: This is an average annual lump sum cost per
employee for health and other non-retirement benefits and based on
current fiscal year budgeted amounts.
(iv) Workers Compensation and Unemployment: These are annual payroll
costs allocated per FTE.
(v) Special Pay—Overtime; Shift Differential and Regular Over Budget:
Overtime, Shift Differential and Regular Over Budget is an average
cost per eligible FTE and is added to the salary and benefit costs.
• Overtime costs and Shift Differential costs are based on actual
expenditures by District for the previous fiscal year and applied as
a cost per FTE over the number of budgeted sworn overtime
eligible FTE.
• Regular Over Budget is a cost applicable to holidays. As a 24 x 7
operation, this cost applies to MCSO. The calculation is beat
driven and is based on District average deputy hourly salary and
variable benefits for one, 24-hour day and applied to sworn eligible
FTEs.
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c. Dispatch charges are applied as an FTE equivalent. The
calculation is based on the Town's incidents as a percent of all
incidents and that percent is applied to previous year's actual Dispatch
costs. That cost is then converted to an FTE based on the current
average annual salary and benefits for the emergency dispatcher market
range title.
2. Supplies and Rent: The Supplies and Rent charges are comprised of several components
including the following:
a. Supplies charges consist of actual costs from the previous fiscal year for items in
the supplies and general services object codes by District and are apportioned by
District FTE.
b. Ammunition charges consist of actual costs from the previous fiscal year for
ammunition and are apportioned by sworn FTE
c. Uniform Allowance is the annual amount provided each sworn officer to
maintain a uniform and is charged by FTE.
d. Rent and utilities charges are per FTE and are based on actual rent and utilities
costs from the previous fiscal year in District IV for the District substation
divided by the number of FTE in District IV.
3. Communications and Information Technology. Sophisticated and costly information and
communications systems are used in everyday MCSO law enforcement operations. Cost
recovery includes but is not limited to system hardware and software maintenance,
technology supplies, monthly service and/or connection fees, and data storage fees.
Charges for Sheriff's Police Communications and Information Technology are comprised
of several components:
a. Information System Service Charge: The Town's charge is calculated by taking
its percent of the previous year's Patrol expense (using the contracted total as
the numerator) and applying it to the calculated amount of technology system
hardware and software licensing and maintenance expense attributed to patrol.
b. Monthly Radio Charges: The monthly charges per FTE and per vehicle
are per device calculated by Maricopa County Wireless and based on the
number of system users.
c. Monthly MDC Charges: The monthly mobile data computing (MDC) charges
are per device and based on the number of system users.
4. Vehicle and Equipment Charges.
Vehicle depreciation and vehicle equipment charges allow timely replacement of patrol
vehicles using the County's vehicle replacement plan. Maintenance of vehicles is the
responsibility of the MCSO.
a. The current vehicle and vehicle equipment cost will be used to arrive at vehicle
depreciation and equipment depreciation amounts. Expected life of vehicles is
125,000 miles and expected life of vehicle equipment is 343,750 miles.
b. The number of number of miles driven will be used in determining charges for
vehicle mileage, vehicle depreciation, and vehicle equipment depreciation.
14
c. The Annual number of miles driven is calculated using the number of miles
driven by district. The number of vehicles assigned to the District is divided
into the number of miles to arrive at an average number of miles per vehicle.
The Town's miles are calculated taking the number of vehicles assigned to the
contract, multiplied by the Town's number of beats, multiplied by average
number of miles per vehicle by district.
d. Per Mile Rates
• The Per Mile Rate for mileage charge is the average cost per mile for the
previous fiscal year for all patrol vehicles.
• The Per Mile Rate for Vehicle Depreciation is the current cost of a vehicle
with warranty divided by the lifetime miles.
• The Per Mile Rate for Equipment Depreciation is the current cost of vehicle
equipment divided by the number of established lifetime miles.
5. Other Equipment 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) of this Agreement.
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 (for sworn personnel
and vehicles), computers, mobile data terminals for vehicles, e-ticketing
equipment for vehicles, Tasers and accessories, body cams, service weapons,
bulletproof vests (5-year life) 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 MCSO, can be used in other Sheriff's
vehicles. Such enhancements would be removed and remain County
15
property. The Town will be responsible for the timely removal of all
County and MCSO markings.
(iv) The cost to the Town of transferred vehicles 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 Sheriff's 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 MCSO 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 combined sum of $364,165.17 in equal installments for all
Law Enforcement Services rendered as outlined in the attached Worksheet (Exhibit A.,
for Fiscal Year 2018, July 1, 2018 through June 30, 2019, of the Initial Term (July 1,
2017, through June 30, 2020) and at the updated rates agreed to by the parties on the
Worksheet Exhibit A. each year thereafter.
2. Payment for Law Enforcement Services for each year of this Agreement will be made in
twelve (12) equal installments on a monthly basis on or before the 20 th day of each
month, beginning with the first month of the Initial Term.
3. Payment for increases in Law Enforcement Services authorized by Amendment to this
Agreement shall commence per the terms of the Amendment and shall be applied to
regular monthly payments unless otherwise specified by Amendment.
D. Cost of Incarceration
Nothing in this Agreement shall alter the financial responsibilities of the Town and the County for
the incarceration of prisoners arrested by the MCSO in the performance of its responsibilities
hereunder.
[SIGNATURES ON FOLLOWING PAGE]
16
IV. Authorization and Signatures
Carefree has the authority to enter into this Agreement pursuant to A.R.S. §9-498 and §11-952, and the
County has the authority to enter into this Agreement pursuant to A.R.S. §9-498 and §§11-951 et seq.
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the date of the last signature set
forth below.
MARICOPA COUNTY, a political subdivision of the TOWN OF CAREFREE, an Arizona
State of Arizona municioreqrporation
BY: BY:
Denny Barney Date Le§ Peterson Date
Chairman, Board of Supervisors Mayor
ATTEST: ATTEST:
f r71--
Fran McCarron, Clerk of the Board Date 7Acown dlerk Date
MARICOPA COUNTY SHERIFF'S OFFICE
BY:
Paul Penzone, Sheriff Date
In accordance with the requirements of A.R.S. § 11-952(D), the undersigned attorneys acknowledge that (i) they have reviewed
the above Agreement on behalf of their respective clients and (ii) as to their respective clients only, each attorney has determined
that this Agreement is in proper form and that execution hereof is within the powers and authority granted under the laws of the
State of Arizona.
-5724
Deputy County Attorney Date ./Town Attorney DatisA7/7
17
EXHIBIT A
TO
INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE TOWN OF CAREFREE
AND
MARICOPA COUNTY
on behalf of the
Maricopa County Sheriff's Office
[Cost Detail]
See following pages.
Worksheet Exhibit A.
3/30/2017
Town of Carefree
Maricopa County Sheriffs Office
FY2018
(July 1, 2017 through June 30, 2018)
BEATS 0.30
Total Contract Cost $364,165.17
Part 1. Personnel Services $336,397.51
Annual Hours Budgeted 2088
FY 2018
Hourly FY 2018
Variable Hourly
Benefits Rate Average Base FY 2018 Fixed
FY 2018 Average Charge (FY Plus Variable Benefit (FY Annualized
Position FTE Hourly Base Pay 2017 Rates) Benefits 2017 Rates) FY 2018
Patrol Beat Deputies 1.50 $27.88 52.97% $42.65 $11,400.00 $150,673.65
Detectives 0.15 $28.02 52.97% $42.86 $11,400.00 $15,134.44
Sergeants 0.24 $38.89 52.97% $59.49 ' $11,400.00 $32,547.65
Lieutenants 0.12 $47.89 52.97% $73.26 $11,400.00 $19,723.36
Captain 0.07 $59.88 52.97% $91.60 $11,400.00 $14,186.03
Traffic Enforcement-- 40 hrs. per
week October 1 through March 31 0.50 $27.88 52.97% $42.65 $11,400.00 $50,224.55
Clerical Office Assistant 0.04 $14.98 19.13% $17.85 $11,400.00 $1,946.47
Dispatch (FTE is a cost equivalent) 0.51 $32,432.00
Worker's Comp (Fund-Wide
Allocation per FTE) 3.13 $387.74 $1,214.91
Unemployment (Fund-Wide
Allocation per FTE) , 3.13 $21.89 $68.59
Sub Total Salary and Benefits $318,151.63
Staffing Allocation Factor FTE Staffing Requirements
24 hour / 7 day post 5.00 FTE 5.00 Patrol Deputies 1 Beat
8 hour / 7 day post 1.67 FTE 0.50 Detectives 1 Beat
8 hour / 5 day post 1.19 FTE 1.00 Sergeant for 9 Deputies
1.00 Lieutenant for 18 Deputies
1.00 Captain for 30 Deputies
0.14 Clerical for 1 Beat
Special Pay
(Deputies/Detectives/Sgts.) FTEs Rate Per FTE Cost Includes 52.97% Variable Benefits
Overtime 2.39 5,617.11 $ 13,424.89
Shift Differential 2.39 972.71 $ 2,324.78
Regular Over Budget 2.39 1,044.44 $ 2,496.21
$ 18,245.88
Sub Total Special Pay $ 18,245.88
Part 2. Supplies and Rent $9,466.94
Applicable FTEs 2.62 FTE total minus Dispatch
Supply Cost 665.10 Per applicable FTE 3.22 $2,141.62
Ammunition 282.51 Per Sworn FTE 2.58 $728.88
Uniform Allowance 800.00 Per Sworn FTE 2.58 $2,064.00
Rent and Utility Costs $1,729.94 Per applicable FTE 2.62 $4,532.44
Sub Total Supplies and Rent $9,466.94
A-2
Part 3. Communications and Information Technology (IT) $9,287.80
Sworn FTEs 2.58 Vehicles 1.5
Information System Service 6,776.35 Annual Cost $6,776.35
Monthly Radio Charges 36.09 Per Month per Vehicle and Sworn FTE $1,766.97
MDC Charges 41.36 Per Vehicle per month $744.48
Sub Total Communications and IT $9,287.80
Part 4. Vehicles and Equipment $9,012.92
Vehicle Cost with Warranty 37,520 Vehicle life 125,000 miles (combined averaged
Equipment Costs (Lights; Push Bar;
Etc.) $ 10,552 Equipment life 343,750
Annual
Per Mile Rate Miles Costs
Mileage Charges $0.334 13,556.13 $4,528 $4,527.75
Vehicle Depreciation $0.300 13,556.13 $4,069 $4,069.05
Equipment Depreciation $0.031 13,556.13 $416 $416.12
Sub Total Vehicles and Equipment $9,012.92
Part 5. One-Time Costs
This section is reserved for cost reimbursement of replacement or new equipment items that have been identified as necessary for
Law Enforcement Service delivery that are not otherwise funded in the Sheriff's operational budget. (Requires amendment.)
Part 6. Indirect Cost Recovery
This section is reserved for items identified by Maricopa County that are necessary for full cost recovery.
EXHIBIT B
TO
INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE TOWN OF CAREFREE
AND
MARICOPA COUNTY
[Report Format]
See following pages.
Town of Carefree
Januarv 2017
Provided by District IV of the Maricnpa County Sheriffs Office
This report documents the law enforcement services and activity within thc Tovnatarcfree.
The Maricopa County Sherifrs Office has a contractual agreement with Carefree and prpoiides the law
enforrnent services. This report reflects the monthly activity along withit-Itontpari0 of the previous 3
months activity. A call for service or law enforcement activilydoes not nIiy 1 ratc a written
document by the Sheriff's Office,
This report provides a breakdown of the types of crintinaLactiVikwithilftheTown of Carefree
such as assaults, burglaries, theft, drug, and alcohol violatioirefklittifAtCrimc - Reporting procedure
is being utilized which is the standard for crime reporting Wthe FBI.W.Oriettynopsis is provided at the
end of this report which documents any significant offnot:thlefilekrientWhich have occurred,
Criminal-/ fiaffic
Aetivity Type Jan Dec - Nov Oct Jan
2017 2016 2016 2016 2016
: 11aumqWtots5ng
them
thlki [Arra
e;:efiernettreitia4CRAIV _L: fl 'istilOugipry
Criminal Daglateigi*S1
Infortletlytai*.ct,
1 DrudAlcntiolitinderage
_.C101•
MurdariNtaralought.0
1 1
.hopuiti,-..„
14f00-04i***044§.§4f ,:::
[ TrarneAcodifro
Traffic CitIar I 21 I 23 27 I5
Page I 1
Public & Community Assist Activity
Activity Type Jim Dec Nov Oct Sept.
24111 2016 2016 2016 2016 2016
Animal 1/3Alein
-1001 1
I aril Matter 6 if
filiisie cllltia " 1 :A arm_ 11 "
Ft0h1/Matua1 Combat I)
MOM
fle1-1.**11AT411114.1g
Juvenile faturbing/flunaway 0
IgrissItii1irktfn
tta turai Death of Person.
2 a
Patrol/Vacalkin Watch/Welfare check 09 70 20
sitspldoys.Acauttyillen ar
Page I
Notable Incidents Synopsis—Criminal and Traffic Activity
BURGLARY On 1/1117 at approximately 0130 hours, a report swis taken fora Burglary in the
vicinity oldie 37000 block of N. Mule Train Road., An unknown suspect
unlawfully entered the hotel mom of the victim and committed a theft.
CIVIL MATTER On 1/6117 at approximately i100 hours, a report was taken for a „Qtvil Matter in
the vicinity of the 100 block of East Street individuals were invaved in a
physical fight during a civil dispute overthe owneishipof
_
ILLEGAL On 1120117 at approximately 2000 hours-orepor(witsOlien for Illegal Alcohol
ALCOHOL Consumption in the vicinity of the 59001314 ol-B4eisure,,Otne. Suspects +sere
CONSUMPTION cited for alcohol offenses.
SHOPLIFTING On 1/22117 at approximately 11[10 hours, a -report was taken for Shoplifting iii the
vicinity of the 100 block of East Street. Suspect was cited and released for
shoplifting a knife from the
THEFT On 1120/17 al aPProNtittittt 1000100, a -Nport was taken fora theft in the
vicinity of E. IlumOid. A.OnimosviAuspeet stole various items ofjewelry
from the victim'S beellft
District Commander Name Signature Date
Page 3