MARICOPA COUNTY - ADOA_COUNTIES AGREEMENT (MCSO LUMP SUMS 2023).PDF

Douglas A. Ducey
Governor
Andy Tobin
Director
ARIZONA DEPARTMENT OF ADMINISTRATION
DIRECTORS OFFICE
100 NORTH FIFTEENTH AVENUE ● SUITE 302
PHOENIX, ARIZONA  85007
ADOA Agreement Number DBFFY23L22CH31308
This Agreement is entered into by and between Maricopa County and the Arizona Department of
Administration (hereinafter referred to as “ADOA”), and shall be effective as indicated in Section 1
- Term of Agreement.
A.
Maricopa County and ADOA enter into this Agreement pursuant to Laws 2022, Ch.313, Sec.
110 of the Second Regular Session. Whereas $53,405,000.00 was appropriated from the Border
Security Fund established by section 26-105, Arizona Revised Statutes, in fiscal year 2022-2023 to
the Arizona Department of Emergency and Military Affairs to allocate to the ADOA for one-time
payments to line-level deputies and detention officers in accordance with the provisions of Laws
2022, Chapter 313, Section 110.
B.
Pursuant to A.R.S. § 41-703(7), the ADOA Director can contract with or assist other
departments, agencies and institutions of the state, local and federal governments in the
furtherance of the department's purposes, objectives and programs..
C.
Pursuant to A.R.S. § 41-703(8), the ADOA Director can accept and disburse grants, gifts,
donations, matching monies and direct payments from public or private agencies for the conduct of
programs that are consistent with the overall purposes and objectives of the department.
For and in consideration of the terms and conditions set forth herein, the parties agree as follows:
1.
Term of Agreement
This Agreement shall be effective from October 1st, 2022 and shall remain in effect until June
30th, 2025.
2.
Scope of Services
The ADOA shall provide a $10,000 one time payment to line-level deputies and detention officers
employed by Maricopa County Sheriff's Office as of May 1st, 2022.
The Maricopa County
Sheriff's Office shall distribute the payment to eligible employees in equal quarterly installments
over two years. Due to the lag in the availability of the funds to the Maricopa county, the equivalent
of two quarterly payments may be made in either the 4th quarter of 2022 or the 1st quarter of 2023.
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The Maricopa County Sheriff's Office will be eligible for up to $24,655,000 and for the purposes
of providing a one time recruitment payment not to exceed $5,000 per new hire, the amount of
which to be determined at the discretion of each individual Sheriff, for line level deputies and
detention officers at the County Sheriff’s department hired into the agency from May 1, 2022 until
April 30, 2023.
Line level deputies and detention officers employed by the county sheriff's office are defined as the
below:
Full time staff either under general supervision or in a first level supervisory role. Line level
deputy and detention officer may include those that have a rank one level above the first
level supervisory role, but act in the same capacity as the first level supervisor due to
staffing shortages.
In the event a deputy or detention officer separates from their agency prior to receiving all eligible
quarterly payments, the deputy or detention officer will no longer be entitled to the remainder of the
unpaid balance.
A deputy or detention officer that resigns from their agency prior to receiving all eligible quarterly
payments and takes a position with another sheriff’s office in Arizona is not eligible for a recruitment
payment from the new agency.
In the event an eligible employee is promoted to an ineligible position between May 1, 2022 and
April 30, 2024, the employee will continue to receive the remainder of the quarterly payments as
part of the original retention agreement.
An employee that has received any part of the recruitment or retention payment from one sheriff’s
agency and transfers to another sheriff's agency is ineligible for the recruitment payment from the
new agency.
3.
Changes to Scope of Services
Either party may request changes to the Scope of Services provided. Such a request by a party
must be in writing to the other party, and the change to the Scope of Services must be approved in
writing by Maricopa County and ADOA.
4.
Reporting Requirements
Financial:
Maricopa County shall submit a report to ADOA on the actual use of the monies
received and the most recent staffing and retention data for the positions receiving the payment.
Each report shall be submitted to ADOA on or before August 30th, 2023 and August, 30th, 2024.
5.
Manner of Financing
The ADOA shall:
1.
Provide up to a total amount not to exceed $24,655,000 from the Border Security Fund for
reimbursement to Maricopa County for costs associated with the activities listed in Section 2.
Maricopa County shall:
1.
Provide documentation for reimbursement requests not to exceed $24,655,000.
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2.
Submit reimbursement requests based off of the schedule from Table A.
3.
Use the funds to support the activities outlined in Section 2.
6.
Termination
Either party may terminate this Agreement upon sixty (60) calendar days written notice to the other
party.
7.
Reports and Records
Each party shall establish and maintain records regarding its performance under this Agreement, in
accordance with the records retention standards established by the Arizona State Library, Archives
and Public Records or such other commercially reasonable standards, as applicable.
8.
Availability of Funds
Every payment obligation of the ADOA under this Agreement is conditioned upon the availability of
funds allocated for the payment of such obligation. If funds are not allocated and available for the
continuance of this Agreement, this Agreement may be terminated by the ADOA or any other
agency of the State of Arizona at the end of the period for which funds are available. No liability
shall accrue to the ADOA or any other agency of the State of Arizona in the event this provision is
exercised, and neither the ADOA nor any other agency of the State of Arizona shall be obligated or
liable for any future payments or for any damages as a result of termination under this paragraph.
9.
Executive Order 2009-9
The parties shall comply with Executive Order 2009-9, which mandates that all persons, regardless
of race, color, religion, sex, age, national origin or political affiliation,shall have equal access to
employment opportunities, and all other applicable state and Federal employment laws, rules, and
regulations, including the Americans with Disabilities Act. The parties shall take affirmative action to
ensure that applicants for employment and employees are not discriminated against due to race,
creed, color, religion, sex, national origin or disability.
10.
Alternate Dispute Resolution
The parties to this Agreement agree to resolve all disputes arising out of or relating to this
Agreement through arbitration, after exhausting applicable administrative review, to the extent
required by A.R.S. § 12-1518 except as may be required by other applicable statutes.
11.
Governing Law
This Agreement is pursuant to Laws 2022, Ch.313, Sec. 110 of the Second Regular Session. This
Agreement shall be construed in accordance with the laws of the State of Arizona.
12.  Miscellaneous
It is mutually agreed by the parties that:
a.
Subject to Section 3, any amendments to this Agreement must be in writing and signed
by both parties.
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b.
The undersigned is authorized to enter into and execute this Agreement on behalf of the
respective party.
c.
All notices pertaining to this Agreement shall be addressed or faxed to the parties
respectively as follows:
Maricopa County:
ADOA:
Maricopa County
Arizona Department of Administration
Attn: County Managers Office
301 W Jefferson st
100 N. 15th Avenue
Phoenix, AZ 85003
Suite 302
Phoenix, AZ  85007
ATTN: Andy Tobin
Director
Phone Number: 602-506-3098
E-Mail:joy.rich@maricopa.gov
Phone Number:  602.542.1500
THIS
AGREEMENT
IS
THE
COMPLETE
AND
EXCLUSIVE
STATEMENT
OF
THE
UNDERSTANDING BETWEEN THE PARTIES, AND IT SUPERSEDES ALL PROPOSALS, ORAL
OR WRITTEN, AND ALL OTHER DOCUMENTS OR COMMUNICATIONS BETWEEN THE
PARTIES
RELATIVE
TO
THE
SUBJECT MATTER HEREIN COVERED, UNLESS SUCH
DOCUMENTS OR COMMUNICATIONS ARE SPECIFICALLY INCLUDED BY REFERENCE.
IN WITNESS WHEREOF, the parties have executed this Agreement:
Maricopa County:
ADOA:
Maricopa County
Arizona Department of Administration
By:  _____________________________
By: ______________________________
Joy Rich
Andy Tobin, Director
Date: ___________________________
Date: ____________________________
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November 3, 2022