LAW ENF SERVICE MCSO AND FCDFINAL.DOCX

AGREEMENT FOR LAW ENFORCEMENT SERVICES
BETWEEN THE FLOOD CONTROL
DISTRICT OF MARICOPA COUNTY
AND
MARICOPA COUNTY
on behalf of the Sheriff’s Office
C-50-_______________________
C-69-_______________________
October 1, 2014 through September 30, 2019

Agreement for Law Enforcement Services
Flood Control District of Maricopa County
THIS INTERGOVERNMENTAL AGREEMENT FOR LAW ENFORCEMENT SERVICES (this
“Agreement”) is made and entered into ____________, 2014 between the Flood Control District of Maricopa
County, a political subdivision of the State of Arizona (“FLOOD CONTROL DISTRICT”) and Maricopa County, a
political subdivision of the State of Arizona (the “County”) on behalf of the Maricopa County Sheriff’s Office.
RECITALS
WHEREAS, FLOOD CONTROL DISTRICT is empowered by Arizona Revised Statutes (A.R.S.) Section
48-3603, as revised, to enter into this Agreement and has authorized the undersigned to execute this Agreement on
behalf of the FLOOD CONTROL DISTRICT; and
WHEREAS, FLOOD CONTROL DISTRICT owns, operates and maintains land and flood control
structures within and without Maricopa County that are subject to frequent vandalism and trespass; and
WHEREAS, municipal law enforcement agencies and the Sheriff’s Office do not have adequate resources
to patrol FLOOD CONTROL DISTRICT property to the extent required to prevent vandalism and trespass; and
WHEREAS, FLOOD CONTROL DISTRICT has neither the trained personnel nor the facilities to provide
for the necessary supplementary Law Enforcement Services, as defined herein, and desires to enter into this
Agreement with the County whereby the Sheriff’s Office will furnish supplementary Law Enforcement Services to
FLOOD CONTROL DISTRICT.
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.
Board of Directors means the FLOOD CONTROL DISTRICT Board of Directors.
Board of Supervisors means the Maricopa County Board of Supervisors.
Calendar Year means a twelve-month period beginning January 1 and ending December 31.
Chief Engineer and General Manager means the Chief Engineer and General Manager of the
FLOOD CONTROL DISTRICT.
County means Maricopa County, a political subdivision of the State of Arizona.
Day means calendar day.
District Commander means the Captain or designated Commander of the Sheriff’s District
Office overseeing the Sheriff’s Deputy assigned under this Agreement.
2

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 (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,
supplementing law enforcement services otherwise provided by the Sheriff’s Office and other law
enforcement agencies, as applicable.
Sheriff’s 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:
If to the County: Tom Manos
Maricopa County Manager
301 W. Jefferson, 10th Floor
Phoenix, Arizona 85003
If to the Sheriff’s Office: Joseph M. Arpaio
Maricopa County Sheriff
550 West Jackson Street
Phoenix, Arizona 85003
LeeAnn Bohn, Chief Financial Officer
Budget and Finance Bureau
Maricopa County Sheriff's Office
550 West Jackson Street
Phoenix, Arizona 85003
If to the District: William D. Wiley, P.E.
Chief Engineer and General Manager
Flood Control District of Maricopa County
2801 West Durango Street
Phoenix, Arizona 85009
Dianna Cunningham
Property Management Branch Manager
Flood Control District of Maricopa County
2801 West Durango Street
Phoenix, Arizona 85009
3

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.
C. Term of the Agreement
This Agreement shall become effective October l, 2014 (the “Effective Date”) following approval
by the Board of Supervisors and the Board of Directors. This Agreement shall remain in full force
and effect from the Effective Date through September 30, 2019 (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. Prior to the beginning of each Additional
Term, the parties shall meet and agree upon the annual cost of the Law Enforcement Services,
which shall be calculated pursuant to Section III, Subsection A, of this Agreement and which,
when agreed upon, shall be attached to this Agreement as Exhibit A. Notice of non-renewal by
either party shall be (i) in writing and (ii) delivered to the other party by April 15 to exercise
non-renewal of this Agreement.
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 Board of Supervisors and Board of Directors 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 Board of Supervisors and Board of Directors.
F. Termination
1. Without Cause. Either party shall have the right, upon three (3) 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 forty-five (45) 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. Indemnification
l. 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,
4

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 FLOOD CONTROL DISTRICT shall not indemnify,
defend or hold harmless the County, but the County shall indemnify the FLOOD
CONTROL DISTRICT, 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 District, 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.
H. 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.
3. The Sheriff's Office will prepare an annual true up of Flood Control deputy salary and
benefit costs prior to the second close of the fiscal year to allow for adjustments between
payments made and actual costs incurred.
I. Construction of Agreement
1. Superseding Prior Agreements. This Agreement replaces and supersedes any existing
Agreement for Law Enforcement between the two parties, the most recent being that
certain INTERGOVERNMENTAL AGREEMENT between the FLOOD CONTROL
DISTRICT and Maricopa County on Behalf of the Sheriff's Office between the parties
recorded October 19, 2009 No. 2009-0965445 and effective October 7, 2009.
2. Severability. Every provision of this Agreement is and will be construed to be a separate
and independent covenant. If any provision in this Agreement or the application of the
same is, to any extent, found to be invalid or unenforceable, then the remainder of this
Agreement or the application of that provision to circumstances other than those to which
it is invalid or unenforceable will not be affected by that invalidity or unenforceability.
Each provision in this Agreement will be valid and will be enforced to the extent
permitted by law and the parties will negotiate in good faith for such amendments of this
Agreement as may be necessary to achieve its intent, notwithstanding such invalidity or
unenforceability.
3. No Waiver; No Accord or Satisfaction. The failure of either party to insist in any one or
more instances upon the full and complete performance of any of the terms and
5

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 FLOOD CONTROL
DISTRICT 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 Sheriff’s Office and its
employees shall be considered to be peace officers engaged as independent contractors,
not as employees, of the FLOOD CONTROL DISTRICT 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
The Sheriff’s Office shall provide Law Enforcement Services at the level set forth in the Worksheet
(Exhibit A.) attached hereto as and incorporated herein by reference.
A. Service Provision
1. Scope of Services. The County, by and through the Sheriff’s Office, shall provide the
Law Enforcement Services described in this Agreement within Maricopa County and on
FLOOD CONTROL DISTRICT property within and without Maricopa County. The
Sheriff’s Office shall have responsibility for investigating and enforcing violations that
directly impact public safety and FLOOD CONTROL DISTRICT property rights and
that fall within the definition of Law Enforcement Services set forth above. The Chief
Engineer and General Manager, or his designated representative, and the District
Commander shall establish between themselves the Sheriff’s Office duties and
responsibilities pertaining to the enforcement services.
6

B. Establishment of Service Priorities
1. Personnel Utilization. District personnel shall be utilized in the most efficient manner to
meet the needs of the FLOOD CONTROL DISTRICT, as determined by the District
Commander.
2. Setting Priorities. The District Commander and the Chief Engineer and General Manager
or authorized designee shall meet as needed to establish priorities for the delivery of Law
Enforcement Services as desired by the FLOOD CONTROL DISTRICT. Priorities shall
be communicated through the appropriate Sheriff’s Office chain of command to the
patrol units providing Law Enforcement Services to the FLOOD CONTROL DISTRICT.
3. Changes to Service Levels. Amendments to change the service levels in this Agreement
shall be made in accordance with Section I, Subsection E above.
C. Use of Facilities
The FLOOD CONTROL DISTRICT may provide an outfitted office space if needed for the
assigned deputy.
D. Community-Oriented Policing
The District Commander shall ensure that policies and procedures are in place and implemented
on FLOOD CONTROL DISTRICT property 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. Chief Engineer and General Manager Responsibilities. The Chief Engineer and General
Manager or authorized designee is responsible for coordinating all Law Enforcement
Services under this Agreement. While the Chief Engineer and General Manager or
authorized designee shall have no chain of command authority to direct the operations of
the deputies from the Sheriff’s 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 FLOOD CONTROL DISTRICT expects the Sheriff’s
Office to reasonably respond to its needs for Law Enforcement Services as
communicated through the Chief Engineer and General Manager or authorized designee.
The District Commander shall, at all times, consider the request of the Chief Engineer
and General Manager or authorized designee with respect to the implementation of Law
Enforcement Services.
2. Maricopa County Sheriff Responsibilities. The Maricopa County Sheriff is solely
responsible for the performance, evaluation discipline and movement of his deputies as
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. District Commander Responsibilities. The Sheriff’s Office shall assign to the FLOOD
CONTROL DISTRICT a full time deputy acceptable to the Chief Engineer and General
Manager, who shall not unreasonably withhold approval of deputy assignment.
4. Deputy Transfer. The Sheriff’s Office shall avoid transfer of the assigned deputy, but
may transfer the assigned deputy with prior notification to the Chief Engineer and
7

General Manager, when such transfer is in the best interests of the FLOOD CONTROL
DISTRICT and the Sheriff’s Office.
5. Removal of Assigned Staff. The FLOOD CONTROL DISTRICT, acting through the
Chief Engineer and General Manager shall have the right to request in writing that any
staff assigned to service under this Agreement by the Sheriff’s Office be reassigned or
otherwise removed from service under this Agreement. 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. If desired, the Sheriff's
Office and the Flood Control District will establish between themselves a basic reporting
format applicable to this Agreement.
2. Information Requests. Requests for additional law enforcement service information by
the FLOOD CONTROL DISTRICT will be in writing to the District Commander and
responses will be limited to credible/verifiable information that is readily available from
the Sheriff’s Records Management System (RMS), Computer-Aided Dispatch (CAD)
System, and any other law enforcement information system that may be adopted by the
Sheriff’s Office during the term of this Agreement.
3. Financial/Administrative Information. Requests by the FLOOD CONTROL DISTRICT
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
Financial Officer.
4. Records. Records produced by Sheriff’s Office related to this Agreement, including
records produced by the deputy assigned to the FLOOD CONTROL DISTRICT shall be
considered Sheriff’s Office records. Public records requests related to such records shall
be referred to the Sheriff’s Office.
III. REIMBURSEMENT COSTS AND CHARGES
A. Reimbursement for Law Enforcement Services
1. Reimbursement Amount. The FLOOD CONTROL DISTRICT agrees to reimburse the
Sheriff’s Office for all Law Enforcement Services rendered under this Agreement based
on actual cost. The Sheriff’s Office shall provide to the District supporting
documentation for costs incurred.
2. Annual Estimate. On an annual basis, no later than January 15, the Sheriff’s Office shall
provide to the FLOOD CONTROL DISTRICT an itemized estimate of costs for the
coming fiscal year
3. Allowable Costs. Costs that are subject to reimbursement include direct personnel costs
with benefits, supervisory costs (calculated at 60% of the MCSO Sergeant-to-Deputy
ratio applied to other contracts due to the nature of the FLOOD CONTROL DISTRICT
position), supply costs, uniform costs, ammunition, wireless and Mobile Data Computing
charges, vehicle costs and equipment costs.
4. Disposition of Assets. The parties acknowledge that FLOOD CONTROL DISTRICT
funding associated with this Agreement is restricted funding and must be used for flood
control purposes. The parties additionally acknowledge that assets purchased under this
8

agreement may contain sensitive law enforcement information (e.g., computers, radios,
phones, etc.) or may have no use to the FLOOD CONTROL DISTRICT absent this
Agreement (e.g., officer safety equipment). Upon termination of this Agreement,
reduction in service levels, or the retirement of assets purchased under this Agreement,
the Chief Engineer and General Manager and District Commander shall agree upon an
asset disposition and reimbursement plan consistent with FLOOD CONTROL
DISTRICT and Sheriff’s Office funding restrictions and consistent with law enforcement
and security needs of the Sheriff’s Office.
6. Indirect Cost Recovery. The Sheriff’s Office reserves the right to address indirect costs
(administrative overhead) via amendment to this Agreement if it is determined by the
County that indirect cost recovery is necessary. If adopted, indirect cost recovery would
be implemented in conjunction with a new fiscal year.
C. Payment
1. The FLOOD CONTROL DISTRICT agrees to pay the estimated sum of $109,012
annualized in for all Law Enforcement Services rendered as outlined in the attached
Worksheet (Exhibit A.) for services rendered in FY 2015, and at the rate agreed to by the
parties (via the Worksheet) each fiscal year thereafter.
Unless purchased directly by the FLOOD CONTROL DISTRICT, the DISTRICT also
agrees to reimburse the Sheriff's Office for its purchase of any one-time capital and non-
capital equipment purchased for the Flood Control Deputy during any time period
covered by this agreement. Such items will be communicated and agreed upon between
the parties.
2. With the exception of FY 2015, where the first payment will be billed after October 1,
payment for Law Enforcement Services for each year of this Agreement will be made in
equal monthly installments with a recurring Journal Voucher or as otherwise agreed to by
the Chief Engineer and General Manager and the District Commander, or their designees.
The Sheriff's Office will provide an annual true up so that appropriate adjustments can be
made prior to third close of the fiscal year.
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.
4. One-time items purchased by the Sheriff's Office for use in this Agreement will be billed
separately.
V. Waiver
The parties to this agreement acknowledge that they are aware that the Civil Services Division of the
Maricopa County Attorney’s Office (Civil Division) may be chosen as the attorney for other parties to this
agreement, and the signing parties acknowledges that it is aware of a potential conflict of interest, and it
waives any claim of conflict of interest, which may arise by virtue of Civil Division’s representation of
other parties to this agreement.
9

VI. Authorization and Signatures
FLOOD CONTROL DISTRICT has the authority to enter into this Agreement pursuant to A.R.S.§48-3603,
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 State of Arizona
BY:
Denny Barney Date
Chairman, Board of Supervisors
ATTEST:
Fran McCarroll, Clerk of the Board Date
MARICOPA COUNTY SHERIFF’S OFFICE
BY:
Joseph M. Arpaio, 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.
Deputy County Attorney Date
10

FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
A Municipal Corporation
Recommended by:
William D. Wiley, P.E. Date
Chief Engineer and General Manager
Approved and Accepted:
By:
Chairman, Board of Directors Date
Attest:
By:
Clerk of the Board Date
The foregoing Intergovernmental Agreement IGA FCD-2014A014 has been reviewed pursuant to Arizona Revised
Statutes §11-952, as amended, by the undersigned General Counsel, who has determined that it is in proper form and
within the powers and authority granted to the Flood Control District of Maricopa County under the laws of the
State of Arizona
Flood Control District General Counsel Date
11

EXHIBIT A
TO
INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
AND
MARICOPA COUNTY
[Cost Detail]
See following pages.
12

Worksheet Exhibit A. (cont'd)
13

Worksheet Exhibit A.
Flood Control District
Maricopa County Sheriff's Office
Law Enforcement Reimbursement Costs and Charges
FY2015
ANNUALIZED
Billable amount will be applicable to October 1, 2014 through June 30, 2015
Total Annualized Cost $109,012
One Time Charges TBD
Part 1. Personnel Services $105,327
Annual Hours Budgeted 2088
Fixed Fringe
$8904 +
Variable Wkrs Comp
Hourly Fringe Hourly Plus and Unemp Annualized
Position FTE Rate Rate Variable Fringe $714 FY 2015
Patrol Beat Deputies 1.00 $28.40 47.37% $41.85 $ 9,618 $97,007
Sergeants 0.067 $37.43 47.37% $55.16 $ 9,618 $8,320
Sub Total Salary and Benefits $105,327
Part 2. Supplies and Rent $1,898
Applicable FTE's 1.00
Supplies and Services Cost 480.00 (Estimated $40/mo.)
Ammunition 618.24 Per Sworn FTE (Range practice for Sworn Requirements)
Uniform Allowance 800.00 Per Sworn FTE
Sub Total Supplies and Rent $1,898
Part 3. Communications and Information Technology (IT) $1,787
Cell Phone Charges (1) 0.00 Monthly DISTRICT TO PAY DIRECT CHARGES
MDC Charges (1) Unit 49.99 Monthly
Deputy Radio - XTS2500 VHF 32.98 Monthly
Deputy Radio - XTS5000 7/800 32.98 Monthly
Car Radio - VHF XTL 2500 32.98 Monthly
Sub Total Communications and IT (Annualized) $1,787
Part 4. Vehicles and Equipment DISTRICT TO PAY DIRECT COSTS AND CHARGES
Vehicle Cost with Warranty
Equipment Costs
Per Mile Annual
Rate Miles Costs
Mileage Rate/Operational Cost $0 $0
Vehicle Depreciation/
Future Replacement $0 0
Equipment Depreciation $0 0
Sub Total Vehicle and Equipment Costs
Part 5. One-Time Costs TBD
Actual costs will be invoiced to the District separately from monthly charges as the items are received.
14