GUADALUPE IGA FOR PATROL SERVICES.PDF

C2024-09

AGREEMENT FOR LAW ENFORCEMENT SERVICES
BETWEEN THE TOWN OF
GUADALUPE
AND
MARICOPA COUNTY

on behalf of the Sheriff's Office

C-50-24- -X-00
July 1, 2024 through June 30, 2027

Plus One, Three-Year Automatic Renewal

SECTION

L General Provisions
A. Definitions
B. Legal Notices
C. Term of the Agreement
D. Automatic Renewal
E. Amendments
F. Termination
G. Insurance
H. Indemnification
I Record Keeping and Audits
J. Construction of Agreement

Ti. Law Enforcement Services
A. Service Provision
B. Establishment of Service Priorities
C. Maintenance of Sheriff's Substation
Dz. Community-Oriented Policing
E. Chain of Command and Responsibility for Performance Standards
BP. Reports and Information

i. Reimbursement Costs and Charges
A. Reimbursement for Law Enforcement Services
B. Annual Review of Costs
C. Explanation of Charges
Dz. Payment
E. Cost of Incarceration

CONTENTS

IV. Authorization and Signature

Exhibit A Worksheet - (Cost Detail)

Page

10

13

18

Agreement for Law Enforcement Services
between Town of Guadalupe and Maricopa County
on behalf of the Sheriff’s Office
C-50-24- -X-00

THIS INTERGOVERNMENTAL AGREEMENT FOR LAW ENFORCEMENT SERVICES (this
“Agreement”) is made and entered into __ , 2024 between the Town of Guadalupe, an Arizona municipal
corporation (“Guadalupe” or “Town”) and Maricopa County, a political subdivision of the State of Arizona (the
“County”) on behalf of the Maricopa County Sheriff's Office (“MCSO”), together the “Parties.”

RECITALS

WHEREAS, Guadalupe has the jurisdiction and responsibility, 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, Maricopa County has provided continuous contracted Law Enforcement Services for the Town
of Guadalupe for many years and the current contract will expire June 30, 2024; and

WHEREAS, Guadalupe 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 Maricopa County whereby the Maricopa
County Sheriff's Office will provide Law Enforcement Services to Guadalupe; the following terms and conditions are
provided.

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:

L 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.

Automatic Renewal Period means the period of time following the Initial Term of this Agreement
as established in Section D. below whereby this Agreement automatically renews for another term
if neither party has provided notice to discontinue.

Basic Law Enforcement Services means patrol, responses to emergency calls, incident response,
calls for service responses, arrests of suspects, dispatch and communications services, crime
investigations, community crime prevention and awareness programs and activities and vacation
watch.

Beat means the basic increment of Law Enforcement Services used in determining service levels
and cost. One beat = 1 deputy posted 24 hours per day x 7 days per week. One beat of service
requires five (5) Law Enforcement Officer FTE to staff plus corresponding FTE increments from

the FTE staffing requirements plus corresponding facilities, vehicles, equipment, supplies,
technology, and dispatch communications services.

Board means the Maricopa County Board of Supervisors or “BOS.”

Calendar Year means a twelve-month period beginning January 1 and ending December 31.
Complaint means an allegation of employee misconduct. The complaint may be made verbally or
in writing, in person, by phone, by mail, or online; and may be by the individual complainant,

someone acting on the complainant’s behalf or anonymously; and with or without a signature.

Contracted Level of Service means the number of beats or fractions of beats and the component
resources that support the Agreement and are incorporated in Worksheet Exhibit A.

County means Maricopa County, a political subdivision of the State of Arizona.
Day means calendar day.

Deputy means sworn Law Enforcement Officer (LEO) for the Maricopa County Sheriff's Office
and can also be referred as “Detective”; “School Resource Officer”; and “Traffic Enforcement
Officer.”

District means MCSO designated regional sub-division for County Law Enforcement that is
supported by a designated substation or substations depending on the size and population of the area
serviced.

District Commander means the Captain or designated Commander with a rank of Lieutenant or
higher of the Sheriff's District Office or, if applicable, the substation located within the corporate
limits of City or Town 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) is a standard measure of unit for budgeted personnel that makes
workloads comparable across the organization.

FTE Staffing Requirements means the calculated allocation of FTE per market range title/position
per “unit” (e.g., beat, position type) required to staff one Beat of service for basic law enforcement
service.

Indirect Cost Recovery means a predetermined percent applied to this contract’s direct service
costs to recover MCSO general administrative services costs such as Human Resources; Budget and
Finance; Procurement; Executive Administration; Professional Standards Bureau, Sworn Officer
Training; Risk Management; Fleet Management; and certain technology costs, which are not
covered elsewhere in this Agreement.

Initial Term shall have the meaning set forth in Section I, Subsection C, below.

Non-Renewal Notice means an official communication by either party to the other party by April
15 of the last year of the Initial Term stating they do not desire the automatic renewal term to take
effect.

Optional Law Enforcement Services means continuing additional positions requested by the
Town for service beyond the FTE Staffing Requirements for Basic Law Enforcement Service, and
generally limited to contracts of one beat of service or more. Examples include traffic deputies,
School Resource Officers, Community Policing Deputies, Crime Analysts, supplemental Clerical,
and additional supervisory positions.

Other Law Enforcement Services means supplemental and/or specialized law enforcement
resources that are available within MCSO and deployed as necessary in special situations. Or that
occur daily and are not included in Worksheet Exhibit A. Examples include: Aircraft—helicopter
and drones; Bomb Squad, Canine, Command Posts; Counter Terrorism; Crime Lab; Mounted Patrol;
Posse Coordination; Property and Evidence; Special Investigations Division; Specialized Weapons
and Tactics (S.W.A.T.); Traffic Enforcement methods and Accident Investigations; required
Arizona Peace Officer Standards Training to maintain certifications, Records and ID, and Prisoner
Transport.

Report means a regular (monthly, annual) Sheriff's Office communication that includes calls for
service, crime, criminal activity, arrests, response times in report format to the Town compared with
information and crime statistics from previous periods.

Sheriff’s Office means the Maricopa County Sheriff and those functions, activities and facilities for
which he has responsibility, also referred to as MCSO.

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.

Town means Guadalupe, an Arizona municipal corporation.
Town Council means the Mayor and Town Council of the Town of Guadalupe.

Town Manager means the Town Manager of the Town of Guadalupe or authorized designee.

Transitional Start Up Phase means any time period up to 12 months between when the Agreement
or an amendment to the Agreement to increase services is approved through the time that contracted
level of service and equipment is attained or stabilized.

Worksheet (Exhibit A) means the annualized cost detail information page(s) for the contracted
level of service. This is updated annually and is the basis for monthly billing amounts.

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:

Tf to the County: Jen Pokorski, Manager
Maricopa County
301 W. Jefferson, 10" Floor
Phoenix, Arizona 85003

If to the MCSO: Russ Skinner, Sheriff
Maricopa County
550 West Jackson Street
Phoenix, Arizona 85003

Stephanie Molina, Chief Deputy
Maricopa County Sheriff

550 West Jackson Street
Phoenix, Arizona 85003

If to the Town: Jeff Kulaga, Town Manager
Town of Guadalupe
9241 S Avenida del Yaqui
Guadalupe, Arizona 85283

The Honorable, Valerie Molina
Mayor, Town of Guadalupe
9241 S Avenida del Yaqui
Guadalupe, Arizona 85283

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.

Term of the Agreement

This Agreement shall become effective July |, 2024 (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, 2027 (the “Initial Term”), unless terminated pursuant to Section I,
Subsection F of this Agreement or continued through automatic renewal pursuant to Section I,
Subsection D of this Agreement.

This Agreement can be extended past the three-year automatic renewal term by Amendment
approved by the Parties prior to the automatic renewal end date (6/30/2030).

Automatic Renewal
This Agreement will automatically renew for one (1) three-year term, with all the terms of this
Agreement in effect, unless renegotiated or terminated pursuant to Section I, Subsection F below.

Costs shall be revised annually per Section ILA of this Agreement.

Parties can extend this Agreement past the three-year automatic renewal term by amendment
approved by the Parties prior to the automatic renewal end date (6/30/2030).

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 of Supervisors and (2) signed by both parties.
Termination
1. Non-Renewal Notice. Either Party shall have the right to exercise non-renewal

of this Agreement by sending a Non-Renewal Notice to the other party not later

than April 15 of the last year of the initial term (2027).

2. Without Cause. Either party shall have the right, upon six (6) months written notice to the
other party, to terminate this Agreement without cause.

Insurance

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.

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.

Maricopa County is self-insured and any claims for which Maricopa County is
found legally liable are paid under the Declaration of Trust for Maricopa County,
Arizona Self-Insured Risk Trust Fund, adopted January 14, 2015. Maricopa
County has no legal right to extend or convey “Additional Insured” status to the
Town.

Coverage Term: Al] 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.

Primary Insurance: County’s insurance shall be primary insurance with respect
to performance of the Law Enforcement Services included in this Agreement.

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.

Required Insurance Coverage:

b.

Public Entity Liability: Cotinty 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.

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.

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.

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.

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

1.

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.

Sheriff's Office 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.

1 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.

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.

Audit requests will be limited to information that does not exceed the three most recent
fiscal years closed.

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 on;
June 28, 2018 (C-50-18-077-3-00) and Amendment 1 (C-50-18-077-3-01) effective July
1, 2019.

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.

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.

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, Law Enforcement Services, 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 Town of Guadalupe in any State or Federal Court.

Counterparts. This IGA is effective when signed by the Parties. This Agreement
may be executed in two or more counterparts, each of which shall be deemed an original
but all of which together shall constitute the same instrument. Faxed, copied, electronic
and scanned signatures are acceptable as original signatures.

Governing Law. Dispute Resolution and Jurisdiction. This Agreement shall be interpreted
in accordance with Arizona law. Any litigation arising from the agreement, or the
performance thereof will be decided in the federal or state courts of Maricopa County
unless otherwise agreed to between the Parties. The laws of the State of Arizona shall
govern the construction and interpretation of this IGA. This Agreement is subject to the
provisions of A.R.S. § 12-1518 relating to the use of arbitration.

Compliance with Civil Rights. The Parties to this Agreement agree to comply with
ARS. Title 41, Chapter 9 (Civil Rights), Arizona Executive Order 2009-09, and any other
federal or state laws relating to equal opportunity and non-discrimination, including the
Americans with Disabilities Act. No Party shall engage in any forni of illegal
discrimination with respect to applications for employment or student status or employees
or students.

No Joint Venture. It is not intended by this Agreement to, and nothing contained in this
Agreement shall, be construed to create any partnership, joint venture, or employment
relationship between the Parties or create any employer-employee relationship between the
Parties’ employees. Neither Party shall be liable for any debts, accounts, obligations, or
other liabilities whatsoever of the other Party, including, but without limitation, the other
Party's obligation to withhold Social Security and income taxes for itself or any of its
employees.

Parties acknowledge that under this IGA no employee of the Town is to be considered a
County employee, and that no rights of County merit, County retirement, or ~ County
personnel rules shall accrue to such individual. The Town shall have total responsibility
for all salaries, wages, bonuses, retirement, withholdings, workman's compensation,
occupational disease compensation, unemployment compensation, other employee

IH.

10.

ll.

12.

benefits, and all taxes and premiums appurtenant thereto concerning such individuals and
shall save and hold MCSO harmless with respect thereto.

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 Town while performing the responsibilities imposed by this
Agreement.

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.)

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 Jaws 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.

Scrutinized Business Operations. The parties certify that they do not have scrutinized
business operations in either Sudan or Iran, per A.R.S. § 35-391.06 and 35-393.06.

LAW ENFORCEMENT SERVICES

The Sheriffs Office shall provide Law Enforcement Services at the level of patrol beats set forth in the
Worksheet (Exhibit A for FY 2025), attached hereto as and incorporated herein by reference.

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 changes 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.

A. Service Provision

1.

Scope of Services. The County, by and through the MCSO, shall provide the Law
Enforcement Services within the current incorporated limits of the Town. The MCSO shall
investigate and enforce criminal violations of state statute and Town code violations that
directly impact public safety and fall within the definition of Basic Law Enforcement
Service set forth above. The Town shall be primarily responsible for non-criminal Town
Code/Ordinance code enforcement violations and may request assistance with the Sheriff.
The Town Manager or designee and the District Commander shall establish between
themselves the MCSO duties and responsibilities pertaining to the Town code violations,
animal contro] issues and other local enforcement services that fall within the definition of
Law Enforcement Services within this Agreement.

Response Times. Deputy response to calls for service will be provided twenty-four (24)
hours per day, seven (7) days per week. The level of contracted service provided for in
this Agreement 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
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.

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b. Emergency Priority 1 Calls will have a deputy on scene within five (5) minutes in
Agreements with contracted levels of services of 1 (one) beat or more. 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.

c. It is mutually understood that the outcome for on-scene deputy response, as
outlined in 2.b., above, is impacted when contract staffing levels are less than 1
full beat of service. This contract is 1.66 beats.

d. Parties acknowledge that the MCSO’s special response resources
shall be deployed within the Town, when necessary, as determined
by the Sheriff, for public safety. Such resources include:

Aviation (Helicopter and Drones)

Reserve and Posse Coordination and Resources
Specialized Response (K-9 Units, Technical Operations
Unit(s), Special Vehicles)

Command Posts

Specialized Weapons and Tactical Response (SWAT)

MCSO Presence: MCSO presence within the Town’s jurisdiction is determined by the
contracted level of service provided for in Worksheet (Exhibit A.) of this Agreement.

Citation into Town Court. Misdemeanors, traffic infractions and civil violations occurring
within the corporate limits of the Town shall be cited in the Tempe Municipal Court or
such other appropriate 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.

Setting Priorities. The District Commander and the Town Manager shall meet at
least once each quarter to review progress and establish priorities for the delivery of Law
Enforcement Services as desired by the Town and that align with the priorities of the
Town and MCSO. Changes in priorities shall be supported by monthly incident report
data and Town-specific needs and reviewed by MCSO. Priorities shall be communicated
through the appropriate MCSO chain of command to the patrol units providing Law
Enforcement Services within the Town’s jurisdiction.

Criminal Activity Increases. If the MCSO, acting through the District Commander in
consultation with the Town Manager, 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
or optional service will be supported by relevant crime and incident data. Short term or
incidental deployments of additional resources will be at no additional cost to the Town.

Deployments of additional resources in excess of three months will prompt a cost
proposal for reimbursement via an amendment to this Agreement and a review of the
contracted level of Service for future right sizing. Charges for additional services shall
incorporate the same methodology described in Section I 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.

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4. Beat formula and continuous coverage. The staffing allocation factor, FTE staffing
requirements, and Special Pay are intended to cover shift overlap, sick leave, vacation
leave, normal short-term leaves and training. MCSO will make every effort to
continuously staff to contracted levels of service, prioritizing Basic Law Enforcement
Service.

Amendments to change the service levels in this Agreement shall be made in accordance
with Section I, Subsection E of this Agreement.

Maintenance of Sheriff’s Substation
[This section left blank intentionally.]

Community-Oriented Policing

The Town Manager or Designee will ensure that policies and procedures consistent with the
Sheriff's Office rules and regulations are instituted which facilitate efficient and effective
communication between local public access and the Sheriff's Office. The District Commander shall
ensure that policies and procedures are 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.

Chain of Command and Responsibility for Performance Standards

1. Maricopa County Sheriff Directs Operations of Deputies. |The Town Manager 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’s 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 IL, Subsection
E (3), 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 Manager or authorized designee. The District Commander shall, at all times,
consider the request of the Town Manager or Town’s authorized designee with respect to
the implementation of Law Enforcement Services.

2. Deputy Performance. 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 paities regarding the manner of performance of such service,
the determination made by the Maricopa County Sheriff shall be final and conclusive.

3. Citizen Complaints. MCSO employees are trained to consistently perform their duties with
professionalism and accountability. Citizen Complaint and Comment Forms are available
from deputies, on-line, and from the District Facilities. Complaints will be processed
through the MCSO according to policy.

4. Removal of Assigned Staff. The Town, acting through the Town Manager 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.

Reports and Information

1. Reporting. This Law Enforcement Services Agreement is limited to law enforcement
service delivery and the management thereof. The terms of this Agreement provide for

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Basic Reporting as defined in Section I, Subsection A of this Agreement. Reports will
be presented consistent with current MCSO reporting technology and reporting formats.

Information Requests. Requests for additional information by the Town that are applicable
to this Agreement will be in writing to the MCSO Executive Chief of Enforcement.

i. REIMBURSEMENT COSTS AND CHARGES

A.

Reimbursement for Law Enforcement Services

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, 2024 through June 30, 2025) of the Initial Term (July 1, 2024 through
June 30, 2027) of this Agreement.

The Worksheet (Exhibit A) template and calculation methodology is used for all MCSO contracted
law enforcement services with Cities and Towns and is updated annually.

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.

1.

Annual Cost Notification. By February 20 of each year that falls within the term of this
Agreement, or any extension thereof, the MCSO will provide the Town an annual cost
notification letter with an updated Worksheet (Exhibit A.) with Law Enforcement
Services charges for the coming fiscal year.

a. Unforeseeable and Unavoidable Cost Increases. 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.) can only be passed through to the Town pursuant to an
amendment to this Agreement. Examples of items might include mandated
changes to FTE staffing requirements, safety standards or reporting
requirements, or acquisition and use of new equipment that is policy mandated.

b. Explanation of Cost Changes. An explanation from the MCSO of cost variances
by Worksheet Exhibit A section from the current fiscal year will be explained in
the Annual Cost Notification Letter.

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.

The annual office-wide general fund vacancy rate from the previous fiscal year ended
may be applied to the next annual Worksheet Exhibit A. Special Pay section when
continuous vacancies result in unfilled posts and extraordinary overtime across the
MCSO Patrol Districts. An extraordinary, sustained vacancy rate would be greater than
8%.

13

Explanation of Charges

The MCSO annual Worksheet (Exhibit A.) shall be beat-driven and prepared with the following
sections:

L Personnel Services. The premise for the methodology used for calculating Personnel
Services is a cost recovery using FTE (full-time equivalents) that align with the contracted
level of service. The contracted level of service under this agreement is 1.66 beats.

a. Annual full-time hours per FTE (full time equivalent) are 2088.

b. Average Hourly Base Pay: The MCSO Patrol district-wide hourly pay average
by market range title according to County payroll system data for the current fiscal
year.

c. The Variable Benefits Rate Charge (retirement system, FICA and Medicare) using
the retirement system applicable to the position type, is the current fiscal year rate.

d. The Fixed Benefit (Health Care costs) amount is the current-year fixed benefit
annual cost.

e. Workers Compensation and Unemployment are employer payroll expenses and
are allocated per FTE.

f. 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, and other items listed in Section I.
General Provisions. A. Definitions of this Agreement.

The formula for staffing requirements per beat shall be:

FTE Staffing Requirements
Market Range Title/ FTE

Position Allocation Allocation Unit

- Patrol Deputies (LEO) 5 1 Beat

Detectives (LEO) 0.5 1 Beat
Sergeant 1 8 Law Enforcement Officers
Lieutenant 1 18 Law Enforcement Officers
Captain (LEO Commander) 1 30 Law Enforcement Officers

Clerical/Admin Assist. 0.14 1 Beat

g. 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.

h. The Town may request and fund additional supervisory, specialized deputies,
and/or clerical positions beyond the beat-driven calculation. In all cases, the

14

contracted supervisory personnel (Sergeant, Captain, and Lieutenant) FTE
staffing in aggregate must meet minimum requirements for supervisory
personnel that coincide with FTE staffing requirements. Such requests must be
consistent with Section II. B. 3. prior to incorporation into Part 1, Personnel
Services, of the Worksheet (Exhibit A). | Any additional allocations are
contingent upon MCSO’s ability to staff them.

i. The Staffing Allocation Factor represents the basic staffing requirement
(including required coverage and shift relief factors) in a single beat. 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
I. Special Pay:
1. Overtime. Overtime cost recovery is calculated using actual overtime

cost from the previous fiscal year closed plus current variable
benefits by District to arrive at an annual cost per sworn eligible FTE.

2. Shift _differential. Shift Differential cost recovery is calculated using
actual differential from the previous fiscal year closed by District plus
current year variable benefits to arrive at an annual cost per sworn
eligible FTE.

Regular Over Budget. Regular Over Budget cost recovery is applicable
to holidays. As a 24 x7 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.

Ww

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 cost recovery uses a four-year average actual ammunition cost

(this includes lethal and non lethal) and divides it by the current year number of
MCSO sworn FTE for a cost per FTE. That amount is then multiplied by the
number of FTE for swom positions on Worksheet Exhibit A.

c. Uniform Allowance is the annual amount provided for each sworn officer to
maintain a uniform and is charged by FTE.

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 and licenses, technology supplies, monthly service,
data charges, information system connection fees, and data storage fees. Charges for

15

5.

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.

Monthly Radio Charges: The monthly charges per FTE (1 per) and per vehicle
(2 per) are per device calculated by Maricopa County Wireless and based on the
number of system users.

Monthly Deputy Laptop Charges: The monthly deputy laptop mobile data
charges are per device and based on the number of system users.

Wiring installations and upgrades for MCSO designated space owned by
the Town. Costs incurred by MCSO for technology wiring installations, wiring
upgrades, voice or data communications connections, docking stations, charging
stations, radio communications base stations and computing equipment
purchased for use in MCSO occupied spaces furnished by Town, either explicit
or implicit to this Agreement, will be recovered.

Vehicle and Equipment Charges.

Vehicle depreciation and vehicle equipment charges fund continuous replacement of patrol
vehicles through 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 determine vehicle
depreciation and equipment depreciation amounts.

The annual number of miles driven will be used in determining charges for vehicle
mileage, vehicle depreciation, and vehicle equipment depreciation.

The annual number of miles driven is calculated using the average 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.

Per Mile Rates

e The Per Mile Rate for mileage charge is the average cost per mile for the
previous fiscal year for all patrol vehicles.

e The Per Mile Rate for Vehicle Depreciation is the current cost of a vehicle
with warranty divided by the established lifetime miles.

e The Per Mile Rate for Equipment Depreciation is the current cost of vehicle
equipment divided by the number of established lifetime miles.

Other Equipment Costs and One-Time Cost Reimbursement.

16

MCSO is obligated to recover costs from the Town for equipment replacement or for new
equipment items that are necessary to support the contracted level of Law Enforcement
Service and are not otherwise funded in the Sheriffs operational budget.

a. The Town will be required to fund one-time reimbursement for the initial
purchase of vehicles and patrol vehicle equipment (lights; sirens; push bars—not
MDCs or radios) upon initiation of service and for any vehicles and patrol vehicle
equipment purchased to meet contracted increases in levels of service authorized
by Amendment(s) to this Agreement. Subsequent vehicle and vehicle equipment
replacements shall be funded by the County as provided in Section I,
Subsections B.4 of this Agreement, and not by the Town.

b. The Town will be required to fund the costs of items necessary to equip contract
positions upon initiation of service and for any positions associated with increases
to service by Amendment. Examples of such items are: radios (for swom
personnel and vehicles), computers, mobile data terminals for vehicles, e-
ticketing equipment for vehicles, Tasers® and accessories, radar guns, body
cameras, service weapons, body armor, and cell phones.

c. Reimbursement costs for replacement of equipment items listed in b., above, will
occur in conjunction with the annual updating of Worksheet (Exhibit A) as
provided for in Section HI, Subsection B. of this Agreement. Any replacement
cost reimbursement that is not included in the annual updating will be handled by
amendment as provided for in Section II], Subsection B. of this Agreement.

d. All one-time and replacement equipment items regardless of funding source, shall
be County property.

Indirect Cost Recovery. A 3% administrative service charge will be applied to operating
costs, excluding one-time items to help recover a portion of administrative support costs
that are not recovered elsewhere in the Worksheet as named in the Definitions Section of
this Agreement.

Other Law Enforcement Services. The MCSO reserves the right to address cost recovery
for other law enforcement services listed in the Definitions section of this Agreement via
amendment to this Agreement. Continuing other services recovery will be implemented in
conjunction with a new fiscal year.

c. Payment

1,

The Town agrees to pay the amount listed on Worksheet Exhibit A for FY 2024 — 25 for
all Law Enforcement Services rendered July 1, 2024, through June 30, 2025, and at the
updated rates not yet determined but provided for in Section III, Subsection B of this
Agreement throughout the Initial Term (July 1, 2024, through June 30, 2027) and each year
thereafter.

Payment for Law Enforcement Services for each year of this Agreement will be made in
twelve (12) equal installments on a monthly basis and on or before the 20" day of each
month, beginning with the first month of the Initial Term.

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.

17

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.

Tv. Authorization and Signatures
Guadalupe 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 GUADALUPE, an Arizona
State of Arizona municipal corporation
\. (,

BY: BY: ke 5/22/2024
Jack Sellers Date Valerie Molina Date
Chairman, Board of Supervisors Mayor

ATTEST: ATTEST:

CY / (A = __ snanors

Juanita Garza, Clerk of the Board Date a ‘Fown vr / Clerk Date

MARICOPA COUNTY SHERIFF’S OFFICE

BY:

Russ Skinner, 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 attomey 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.
Dew A 5/22/2024
Deputy County Attorney Date David Ledyard Ksq. Date
FAITH, LEDYARD & FAITH, PLC
Town Attorneys

18

EXHIBIT A
TO
INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE TOWN OF GUADALUPE
AND
MARICOPA COUNTY
on behalf of the
Maricopa County Sheriff’s Office

[Cost Detail]

See following pages.

Worksheet Exhibit A.

Town of Guadalupe _

~ Maricopa County Sheriff's Office

Law Enforcement Reimbursement Costs and Charges

FY 2025
___ Wuly 1, 2024 through June 30, 2025)
BEATS i 1.66
Operating $  2,501,746.99
3% Indirect 75,052.41
One Time 0.00
Total Contract Cost $_2,576,799.40
t
Part 1. Personnel Services $ 2,339,750.87
Annual Hours Budgeted 2088
Hourly Hourly
FTE Variable |Average Base
Allocations | Average Hourly Benefits | Plus Variable Fixed Annualized
Position (Rounded) Base Pay Rate Charge| Benefits _ Benefit Fy 2024 |
Patrol Beal Deputies (LEO) 8.30 $35.26 82.04% $64.18 $13,632__|$ _ 1,225,325.95
‘Suppl. Community Police Deputy (LEQ) 0.50 $35.26 82.04% $64.18 $13,632__ |S 73,814.82
Detectives (LEO) 0.83 $35.05 82.04% $63.80 $13,632__|$ 121,876.21
Sergeants 4.20) $47.12 82.04% $85.78 $13,632__|$ 231,288.46
Lieutenants 0.54 $56.30 82.04% $102.49 $13,632__|$ 422,917.05
Captain 0.32 $72.23 82.04% $131.49 $13,632__|$ 92,219.93
Clerical/Administrative Assistant 0.23 $21.16 19.94% $25.38 $13,632__|$ 15,322.34
Worker's Comp 11.92 $921.38 (Fund-Wide Allocation per FTE) $ 10,982.88
Unemployment 11.92 $56.92 (Fund-Wide Allocation per FTE) $s 678.45,
Dispatch 0.93 $27.47 19.94% $32.95 $13,632_| $ 76,806.42
Sub Total Salary and Benefits $ _1,971,232.51
Staffing FTE Allocation Factor FTE Staffing Requirements
FTE Market Range Title/ FTE
Type of Duty Post Allocation Position Allocation | Allocation Unit | _# of Units This Contract
24 hour / 7 da) §.00___Patrol Deputies (LEO) 5 Beat 1.66) 8.30
8 hour / 7 day 1.67 _ [Detectives (LEO) 0.5 Beat 1.66 0.83
8 hour/ 5 day 1.19 |Sergeant 1 LEO's 8 1.20
Lieutenant 1 LEO's 18 0.54
Captain (LEO
Commander) 4) _LEO's 30 0.32
Clerical/Admin Assist. 0.14 Beat 1.66 0.23
Dispatch/Communica- Cost allocation expressed as FTE using annual
tions 0.93] number of calls for this contract.
Special Pay Eligible Cost Includes 82.04%
Sworn Sworn FTEs [District Rate Per FTE Cost Variable Benefits
Overtime 10.83 $34,370.43| $372,231.74
Shift Differential 10.83 $1,748.30] _ $18,934.13
Regular Over Budget 11.69 $2,187.23) _ $25,568.68
Sub Total Special Pay $ 416,734.55
FY 2023 Dept Wide Vacancy Credit (11.57%) 48,216.19]
Net Total Special Pay $368,518.36
Part 2. Supplies and Rent $ 19,390.20
Applicable FTES 11.92|FTE total minus Dispatch
‘Supply Cost (By District) $316.37 |Per applicable FTE $ 3,771.17
Ammunition $536.10 Per Sworn FTE 11.69 6,267.04
Uniform Allowance $800.00 Per Sworn FTE 11.69 9,352.00
Sub Total Supplies and Rent. $ 19,390.20