IGAS - FCD 2024A013 - MGT 6.1.35 - MCSO - 2024 - V7.9.24 AB021425.PDF

Maricopa County — Formal (2025-03-21)

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INTERGOVERNMENTAL AGREEMENT FOR LAW ENFORCEMENT SERVICES

FCD 2024A013
BETWEEN
THE FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
and
MARICOPA COUNTY
ON
Behalf of the Sheriff’s Office

MCSO Agenda ______________________
FCD Agenda ______________________

October 1, 2024, through September 30, 2030
Approved by the BOARD OF DIRECTORS of the
Flood Control District of Maricopa County

Date
Return to Contracts Branch
Flood Control District of Maricopa County
2801 W. Durango Street, Phoenix, AZ 85009

AGREEMENT FOR LAW ENFORCEMENT SERVICES
BETWEEN THE FLOOD CONTROL
DISTRICT OF MARICOPA COUNTY
AND
MARICOPA COUNTY
on behalf of the Sheriff's Oﬃce
MCSO Agenda ______________________
FCD Agenda ______________________

October 1, 2024, through September 30, 2030

Agreement for Law Enforcement Services
The Flood Control District of Maricopa County
THIS INTERGOVERNMENTAL AGREEMENT FOR LAW ENFORCEMENT SERVICES (this "Agreement")
is made and entered onto and effective as of October 1, 2024, 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,
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:
1.
GENERAL PROVISIONS
A. Deﬁnitions: As used throughout this Agreement, the following terms shall have the
meanings set forth in this Section:
a. Agreement means this document and all attachments hereto.
b. Board of Directors means the FLOOD CONTROL DISTRICT Board of Directors.
c. Board of Supervisors means the Maricopa County Board of Supervisors.
d. Calendar Year means a twelve-month period beginning January I and ending
December 31.
e. Chief Engineer and General Manager means the Chief Engineer and General
Manager of the FLOOD CONTROL DISTRICT.
f.
County means Maricopa County, a political subdivision of the State of Arizona.
g. Day means calendar day.
h. District Commander means the Captain or designated Commander of the Sheriff's
District Oﬃce overseeing the Sheriff's Deputy assigned under this Agreement.
i.
Fiscal Year means a twelve-month period beginning July 1 through June 30.
j.
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 2088).

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k. Initial Term shall have the meaning set forth in Section I, Subsection C, below.
l.
Law Enforcement Services includes but not limited to patrols, responses to
emergency calls, and arrests of suspects, support with encampment removal
procedures, supplementing law enforcement services otherwise provided by the
Sheriff’s Oﬃce and other law enforcement agencies, as applicable, and support
during annual Flood Drill exercises and events.
m. Sheriff’s Oﬃce means the Maricopa County Sheriff and those functions, activities,
and facilities for which he has responsibility.
n. 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, 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: Jen Pokorski
Maricopa County Manager
301 W. Jefferson St.,
Phoenix, Arizona 85003

If to the Sheriff's Oﬃce: Jerry Sheridan
Maricopa County Sheriff
550 West Jackson Street
Phoenix, Arizona 85003

James Prindiville
Chief Financial Oﬃcer
Budget and Finance Bureau
Maricopa County Sheriff’s Oﬃce
550 West Jackson Street
Phoenix, Arizona 85003

If to the District: Paul Baughman
Chief Engineer and General Manager
Flood Control District of Maricopa County
2801 West Durango Street
Phoenix, Arizona 85009

Erik Arntz
Operations & Maintenance Division Manager
Flood Control District of Maricopa County
2801 West Durango Street
Phoenix, Arizona 85009

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 according 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 another

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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 another 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 1, 2024 (the "Effective Date"),
following approval by the Board of Supervisors and the Board of Directors. It shall
remain in full force and effect from the Effective Date through September 30, 2030 (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 six (6)
successive one-year terms (each, an "Additional Term"), with all the terms of this Agreement in
effect, unless and until renegotiated or terminated according to (1) a non-renewal notice as set
forth below in this Subsection or (2) Section I, Subsection F. Before 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 Ill, 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 parties' entire Agreement 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 a 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. Suppose said breach has not been
resolved within forty-ﬁve (45) days after receipt of notice. In that case, 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 provided 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 is 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. 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 of the Law Enforcement Services provided according to this Agreement
as may be required by applicable Federal and State laws, rules, and regulations.
2. Audit. Each party, before 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 before 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 time parties recorded
November 6, 2014 No. 20140737278 and effective October 1, 2014.
2. Severability. Every provision of this Agreement is and will be construed to be a separate
and independent covenant. Suppose any provision in this Agreement or the application of
the same is, to any extent, found to be invalid or unenforceable. In that case, 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 enforced to the extent
permitted by law. The parties will negotiate in good faith for such amendments of this
Agreement as 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
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

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in any State or Federal Court. Governing Law. This Agreement shall be interpreted in
accordance with Arizona law.
5. Independent Contractors. For purposes of A.R.S. 31-121(d), the Sheriff's Oﬃce and its
employees shall be considered peace oﬃcers engaged as independent contractors, not
employees, of the FLOOD CONTROL DISTRICT while performing the responsibilities
imposed by this Agreement.
6. 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.)
7. E-Verify. The parties mutually warrant that they are in compliance with A.R.S. 414401 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 outlined in the Worksheet
(Exhibit A) attached hereto and incorporated herein by reference.
A. Service Provision
1. Scope of Services. By and through the Sheriff’s Oﬃce, the County 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 be responsible for investigating and enforcing violations that directly
impact public safety and FLOOD CONTROL DISTRICT property rights 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 of the enforcement
services.

B. Establishment of Service Priorities
1. Personnel Utilization. As determined by the district commander, district personnel shall
be utilized most eﬃciently to meet the needs of the FLOOD CONTROL DISTRICT.
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 oﬃce space for the assigned deputy if
needed.

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

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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 Il, 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 concerning 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
and 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 transferring the assigned
deputy but may transfer the assigned deputy with prior notiﬁcation to the
Chief Engineer and 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 a 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.

Reports and Information
1.
Basic Reporting. This Law Enforcement Services Agreement is limited to law
enforcement service delivery and management. If desired, the Sheriff’s Oﬃce
and the FLOOD CONTROL DISTRICT will establish 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 Sheriffs 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. The FLOOD CONTROL DISTRICT will
request ﬁnancial and other administrative information that does not apply to
day-to-day law enforcement service in writing and direct it to the Sheriff’s
Oﬃce Chief Financial Oﬃcer.
4.
Records. Records produced by the 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

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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
the District with supporting documentation for costs incurred.
2.
Annual Estimate. On an annual basis, no later than January 15, the Sheriff’s
Oﬃce shall provide 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 and must be
used for ﬂood control purposes. The parties additionally acknowledge that
assets purchased under this 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.
5.
Indirect Cost Recovery. The Sheriff’s Oﬃce reserves the right to address
indirect costs (administrative overhead) via amendment to this Agreement if
the County determines that indirect cost recovery is necessary. If adopted,
indirect cost recovery would be implemented with a new ﬁscal year.
B. Payment
1. The FLOOD CONTROL DISTRICT agrees to pay the estimated sum of $202,145.09
annually for all Law Enforcement Services rendered as outlined in the attached
Worksheet (Exhibit A) for services rendered in FY 2025 and at the rate agreed to by the
parties (via the Worksheet) each ﬁscal year thereafter.
2. 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
noncapital 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.
3. Payment for Law Enforcement Services will be billed for each year of this Agreement 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 before the third close of the ﬁscal year.
4. Payment for increases in Law Enforcement Services authorized by the Amendment to
this Agreement shall commence per the terms of the Amendment. It shall be applied
to regular monthly payments unless otherwise speciﬁed by the Amendment.
5. One-time items purchased by the Sheriff’s Oﬃce for use in this Agreement will be billed
separately.

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IV. WAIVER

The parties to this agreement acknowledge that they know that the Civil Services Division of
the Maricopa County Attorney's Oﬃce (Civil Division) may be chosen as the attorney for
other party. The signing parties acknowledge that they are aware of a potential conﬂict of
interest and waive any claim of conﬂict of interest that may arise by virtue of the Civil
Division's representation of the other party to this Agreement.

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VI. Authorization and Signatures

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:

Chairman, Board of Supervisors Date

ATTEST:

Clerk of the Board Date
Maricopa County Sheriff’s Oﬃce

Jerry Sheridan, 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

Deputy County Attorney Date

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THE FLOOD CONTROL DISTRICT OF MARICOPA
COUNTY
A Municipal Corporation

Recommended by:

Paul Baughman Date
Chief Engineer and General Manager

Approved and Accepted:

Chairman, Board of Directors Date

Attest:

Clerk of the Board Date

The foregoing Intergovernmental Agreement IGA FCD-2024A013 has been reviewed pursuant to
Arizona Revised Statues §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

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EXHIBIT A TO
INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
AND

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MARICOPA COUNTY
[Cost Detail]

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