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,' OFFICIAL RECORDS OF
MARICOPA COUNTY RECORDER
HELEN PURCELL
20090965445 10/19/2009 02:48
ELECTRONIC RECORDING
COB217-6-1-1--
Hoyp
When Recorded Return to:
Flood Control District of Maricopa County
2801 West Durango Street
Phoenix, AZ 85009-6399
INTERGOVERNMENTAL AGREEMENT
between the
Flood Control District of Maricopa County
and the
Maricopa County on Behalf of the Sheriff's Office
for
Law Enforcement Service
IGA FCD 2009A014
FCDMC Agenda Item: C-69-10- OV+-3-00
MCSO Agenda Item: C-50-10-b3(o -n'l-OO
This Agreement is entered into by and between the Flood Control District of Maricopa County, a
municipal corporation and political subdivision of the State of Arizona, acting by and through the Board
of Directors hereinafter called the District and Maricopa County on behalf of the Sheriffs Office
hereinafter referred to as MCSO.
This Agreement shall become effective oci. -, ,2009 and upon filing with the Maricopa County
Recorder pursuant to Arizona Revised Statutes (ARS) Section 11-052,as amended.
Date filed with Maricopa County Recorder _::O:::..:c~+t>~Jo<b~e-.L.,...---"1~9'!"~'_.l!!!2~o~oO!!......J9!....._-,
STATUTORY AUTHORIZATION
Whereas MCSO is charged with preserving the peace within Maricopa County pursuant to ARS Section
11-441;and
Whereas the District is authorized to maintain flood control works and to enter into intergovernmental
Agreementsto carry out the objectives and purposes of the District pursuant to ARS Section 48-3603; and
Whereas the District is desirous of providing necessary security for its various facilities and properties.
Now therefore this Agreement is entered by and between MCSO and the District for the accomplishment
of these mutual purposes.
PURPOSE OF THE AGREEMENT
The purpose of this Agreement is to allow the MCSO to provide law enforcement services through an
assigned Sheriffs Deputy to the District and to identify the responsibilities, obligations and activities of
the District and ofMCSO in regard to those law enforcement activities.
DURATION OF AGREEMENT
This Agreement shall be for a term of five years, subject to termination as provided herein, and may be
renewed by mutual Agreement.
TERMS OF AGREEMENT
I. DISTRICT:
A. The District shall fund the actual annual salary and benefits of one (1) Sheriff's Deputy
full time position and all associated expenses related to law enforcement activities of the
Sheriffs Deputy assigned to this duty. The actual annual salary and benefits of the
assigned Deputy for FY 2010 shall-not-exceed $82,800 with exception to future annual
salary increases, if any.
B. The District shall provide a vehicle with standard Sheriffs vehicle markings. Upon
termination the District will have markings removed from the vehicle.
C. The District shall fund taser, bullet proof vest, VHF and 800 MHz radio units, mobile
data computing unit and ruggedized laptop with software. Equipment items provided by
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the District will remain the property of the District upon expiration or termination of this
Agreement.
D. The District shall fund all vehicle maintenance, gas and radio charges.
E. The District reserves the right to participate in the selection of the Sheriff's Deputy.
F. The District reserves the right to request a different Sheriff's Deputy should the District's
needs be better served by a change in the Deputy assigned
G. The District will provide day-to-day work assignments to the Sheriff's Deputy.
II. MCSO:
A. MCSO shall fund overtime costs incurred by the Sheriff's Deputy incidental to a County
law enforcement response that would cause the Deputy to work more than the scheduled
shift.
B. MCSO shall provide the District written notice of any changes in Deputy salary and
benefit costs.
C. MCSO shall provide one full-time, trained and certified Sheriff Deputy to service this
Agreement. Selection of the Sheriff Deputy will be made with input from the District.
D. MCSO shall ensure that District job assignment requests are carried out according to
MCSO policies and procedures and professional standards.
E. MCSO shall be solely responsible for all performance related issues related to the
Deputy's activities. A substitute Deputy will not be available during vacations, sick
leave and training assignments.
F. MeSO shall coordinate with Equipment Services the appropriate changes to the District's
vehicle that will be assigned to the Deputy.
G. MeSO shall reimburse the District for any physical damage deductible amounts and costs
relating to this vehicle in cases where the MeSO driver was at fault.
H. MeSO shall coordinate with Equipment Services routine preventive maintenance and
repairs on the vehicle. This will be done at quarterly intervals in compliance with MCSO
protocoL
I. MeSO shall provide a list of equipment items necessary to outfit the Deputy and will
work with the District to procure items. Items will include, but not be limited to: bullet-
proof vest; radio(s); a mobile data computing unit; a ruggedized Deputy laptop; and taser.
J. MeSO shall provide all reports regarding law enforcement activities containing all
information as requested by the District and as permitted by law.
III. Indemnification
To the extent permitted by law, each party to this Agreement shall indemnify, defend and hold the
other parties, their officers, departments, employees and agents, harmless from and against any
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and all suits, actions, legal or administrative proceedings, claims, demands or damages of any
kind or nature which result from any act or omission of the indemnifying party, its agents,
employees or anyone acting under its direction or control, whether intentional or negligent.
IV. Termination
This Agreement may be cancelled with a 30-day written notice by either party. All notices will
be sent by certified mail or hand delivery.
Notices will be provided as follows:
District: MCSO:
Timothy S. Phillips, P.E., Chief Engineer Loretta M. Barkell, Chief
and General Manager Business Operations Command
Flood Control District of Maricopa County Maricopa County Sheriffs Office
2801 West Durango 100 W . Washington, Suite 1900
Phoenix,~ 85009 Phoenix, ~ 85003
Upon expiration or termination of this Agreement, radio and computing equipment items funded
by the District will be transferred to the District following a data scrub, removal of software
programs, and re-setting of radios by Sheriff's Information Technology.
V. Business in Sudan or IRAN
Under A.R.S. Sections 35-391.06 and 35-393.06, the parties certify that they do not have
scrutinized business operations in either Sudan or Iran.
VI. E-verification of Employees:
The parties mutually warrant that they are in compliance with A.R.S. Section 41-4401 and further
acknowledge:
(A) That they and their subcontractors, if any, warrant their compliance with all federal
Immigration laws and regulations that relate to their employees and their compliance with
A.R.S. Section 23-214, subsection A;
(B) That a breach of a warranty under subsection A. shall be deemed a material breach of the
contract that is subject to penalties up to and including termination of the contract;
(C) The parties mutually retain the legal right to inspect the papers of any contractor or
subcontractor employee who works on the contract to ensure that the contractor or
subcontractor is complying with the warranty provided under subsection A. above and
that the contractor agrees to make all papers and employment records of said
employees(s) available during normal working hours in order to facilitate such an
inspection;
(D) That nothing herein shall make any contractor or subcontractor an agent or
employee of either of the contracting governmental entities.
This document contains the entire Agreement of the parties and cannot be changed orally.
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Maricopa County
Maricopa County Sheriff Office
By:
Joseph . Arpaio
Maricopa County Sheriff
Accepted:
Maricopa County Board of Supervisors
t"'!\Oi G0~
By:
Chairman, Board of Supervisors
Attest:
Date: OCT 0 7 2009
Approved as to Forms ,//
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,\ .'! I '~ l
V ~/VV" L;{, I .''"Cl h
Vretoria Marrgiapane; Deputy"Coumy-Attorney
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Flood Control District of Maricopa County
Recommended for Approval:
Timothy S. Phillips, PE Date
Chief Engineer and General Manager
ae1D. Wilson Date
Public Works Real Estate Div. Mgr.
Accepted:
By:~OiU0iw
ChaiI1ll'an, Board of Directors
Attest:
Date:._O_C_T_O_7_2OO_9
Approved as to Form:
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LIST OF ITEMS REQUIRED TO SUPPORT A DEPUTY
Cost Detail and Planning
for MCSO Deputy Assigned to Flood Control
9/15/2009
(Revised)
Continuing Costs: $93,340 (Annualized)
Personal Services (Salary and Benefits) $82,800 (NTE base rate of$27.51hr.)
Vehicle Ops & Maint. 7,500
Supplies/Uniform/Ammo/Radio (4) 2,500
and Tech Charges
Annual Charge for MDC 540 ($45 monthly to Verizon)
Total $93,340
One-Time COsts: $38,289
Vehicle
4-Wheel Drive Vehicle o Existing FCD Vehicle to be reassigned
Equipping Vehicle for Patrol 12,000 (Estimate--2 Radios (VHF and 800 MHz; lights,
cage, gun rack, markings)
Mobile Data Computing (MDC) 8,855
Sub-Total $ 20,855
Deputy
Radios (2) 10,600 (For Deputy's person-vl VHF and 1 800 MHz)
Ruggedized Laptop 4,928
Taser w/accessories 1,306
Bullet-Proof Vest 600
Sub-Total 17,434
Total $38,289
FY 2010 Costs: $108.519
Operating
9 Mos. Salary and Benefits: $ 62,100
9 Mos. Vehicle Ops and Maint: 5,625
SupplieslUniforml AmmolRadio( 4) 2,100
9 Mos. MDC charges 405
Sub Total: $ 70,230
OneTime: 38,289
Total for FY 2010 $108,519
These are close estimates. Sherfff's Office will furnish necessary information to procure specialized items.
*One-time items have a life expectancy of three to five years and may have to be replaced within the five-year time
frame of the contract.
Other:
Cost capturing and reimbursement processes that allow the simplest, accurate, and transparent budgeting and
reimbursement will be used for this service contract. Sheriffs Office Business Operations and Flood Control Finance will
cooperate to achieve this objective.
SRA
9/15/2009