5. QUEEN CREEK IGA EFF 1_1_2019_SIGNED.PDF

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

on behalf of the Sheriff’s Office

C-50-19- 02) -3-00

January 1, 2019 through June 30, 2022

TABLE OF CONTENTS

SECTION

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

Il. Services
A. Service Provision
B. Establishment of Service Priorities
Cc. Maintenance of Sheriff's Substation
Dz. Community-Oriented Policing
E. Chain of Command and Responsibility for Performance Standards
F. Reports and Information

Ui. Reimbursement Costs and Charges
A. Reimbursement for Law Enforcement Services
B. Explanation of Charges
C. Payment
Dz. Cost of Incarceration

IV. Authorization and Signature

Exhibit A Worksheet - (Cost Detail) FY 2019 January 1 through June 30
Worksheet Exhibit A (Revision 1) FY 2020

Page

Agreement for Law Enforcement Services
between Town of Queen Creek
and Maricopa County
on behalf of the Sheriffs Office
C-50-19-Q8()-3-00

THIS INTERGOVERNMENTAL AGREEMENT FOR LAW ENFORCEMENT SERVICES (this
“Agreement”) is made and entered into Wey 22, 2019 between the Town of Queen Creek, an Arizona
municipal corporation (“Queen Creek” 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”).

RECITALS

WHEREAS, Queen Creek 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, Queen Creek has determined that it is more cost effective to enter into an Agreement with the
Maricopa County Sheriff's Office to provide Public Safety Services and desires to enter into this Agreement with the
County whereby MCSO will furnish Basic Law Enforcement Services to Queen Creek.

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.

Annual Cost Notification Letter_means the letter from 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.

Annual Report means a crime statistics report furnished by the District Commander in February of
each year to the Town, comparing crime of the newly completed calendar year with the previous
calendar year.

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,

Basic Reporting means a standardized document submitted by the District Commander to the Town
that communicates information monthly regarding its calls for service, crime, criminal activity and
public or community assists.

Beat means the basic increment of Law Enforcement Services that provides a post equal to one
deputy FTE 24 hours per day x 7 days per week, 52 weeks per year. One beat of service is comprised
of five (5) patrol deputies plus established FTE staffing requirements plus corresponding facilities,
vehicles, equipment, supplies, technology, and dispatch communications services.

Board means the Maricopa County Board of Supervisors.
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 for the Maricopa County Sheriff's Office and can
also be referred as “Detective”; “School Resource Officer”; and “Traffic Enforcement Officer.”

District means the specific geographical area supported by a designated MCSO substation or
substations. MCSO has six Patrol Districts plus Lake Patrol.

District Commander means the Captain or designated Commander with a minimum rank of
Lieutenant, of the MCSO District Office that services the Agreement.

Fiscal Year means a twelve-month period beginning July | 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 (2088) in a given fiscal year.

FTE Staffing Requirements means the Number of FTE per working title required to staff one Beat
of service. Examples: five (5) Patrol Law Enforcement Officers per Beat of Service; one-half (.5)
Detective Law Enforcement Officer per Beat of service; one (1) FTE Law Enforcement Sergeant
per nine (9) deputy positions; etc.

Optional Law Enforcement Services means additional and positions requested by that Town for
service that reach beyond the beat formula staffing for Basic Law Enforcement Service that are
dedicated to a specific function. Examples are: traffic deputies, School Resource Officers,
Community Policing Deputies, Crime Analysts, Clerical, and additional supervisory positions.

Other Law Enforcement Services means supplemental and/or specialized law enforcement
resources within MCSO that are deployed as necessary in special situations. Examples include:
Aircraft; 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; and required
Arizona Peace Officer Standards Training to maintain certifications.

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 Queen Creek, an Arizona municipal corporation

Town Council means the Mayor and Town Council of the Town of Queen Creek.
Town Manager means the Town Manager of the Town of Queen Creek or authorized designee

Worksheet (Exhibit A) means the annualized cost detail information page(s) for the contracted
level of service that 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:

If to the County: Joy Rich
Maricopa County Manager
301 W. Jefferson, 10" Floor
Phoenix, Arizona 85003

If to MCSO: Paul Penzone
Maricopa County Sheriff
550 West Jackson Street
Phoenix, Arizona 85003

Russ Skinner, Chief Deputy
Maricopa County Sheriff
550 West Jackson Street
Phoenix, Arizona 85003

If to the Town: John Kross, Town Manager
Town of Queen Creek
22358 S. Ellsworth Road
Queen Creek, Arizona 85142

The Honorable, Gail Barney
Mayor, Town of Queen Creek
22358 S. Ellsworth Road
Queen Creek, Arizona 85142

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. Ifa 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 be effective retroactive to January 1, 2019 (the “Effective Date”) and with
approval by the Town Council and the Board. This Agreement shall remain in full force and effect
from the Effective Date through June 30, 2022 (the “Initial Term”) and its automatic renewal terms,
unless terminated pursuant to Section I(F) of this Agreement.

Automatic Renewal

Following the Initial Term, this Agreement shall automatically renew for up to three (3) 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 (F) below. Costs shall be revised annually per Section HI(A)( 2). of
this Agreement.

Notice of non-renewal by either party shall be (1) in writing and (2) delivered to the other party by
April 15 to exercise non-renewal of this Agreement.

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 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 Town Council and the Board, unless specifically stated otherwise.

Termination
1; Without Cause. Either party shall have the right, upon 12 months written notice to the

other party, to terminate this Agreement without cause. In the event of such a termination,
parties will cooperate in good faith to ensure community safety and a smooth transition.

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 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.

Insurance

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.

General:

a. The County is self-insured. The Town of Queen Creek understands that the
County cannot name additional municipalities to the self-insurance. The County
avows that the County self-insurance will cover the requirements listed under

(D(G)2).

b. Coverage Term: All 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.

c. Primary Insurance: County’s insurance shall be primary insurance with respect
to performance of the Law Enforcement Services included in this Agreement and
in the protection of Town as an Additional Insured.

d. 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. Such deductibles or self-insured retention shall not be
applicable with respect to the policy limits provided to Town. The County shall
be solely responsible for any such deductible or self-insured retention amount.

Required Insurance Coverage:

a. Public Entity Liability: County 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.

b. 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.

c. 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 MCSO as contemplated by this Agreement.

Indemnification

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.

MCSO 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 MCSO which is caused or alleged to have been caused
by the negligence or misconduct of any member of the staff of 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 when
the County is solely liable. 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.

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.

Construction of Agreement

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;
August 27, 2014 (C-50-15-008-3-00) and Amendment | (C-50-15-008-3-01) effective
April 1, 2015, Amendment 2 (C-50-15-008-3-02) effective July 1, 2016, and Amendment
3 (C-50-15-008-3-03) retroactively effective to July 1, 2017.

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

Il.

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 Queen Creek in any State or Federal Court.

Governing Law. This Agreement shall be interpreted in accordance with Arizona law.
Independent Contractors. 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 laws and regulations that
relate to their employees and their compliance with A.R.S. § 23-214(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.

LAW ENFORCEMENT SERVICES

For the second half of Fiscal Year 2018-19, MCSO shall provide Basic Law Enforcement Services at the
level of patrol beats set forth in the Worksheet (Exhibit A) annualized for FY 2018-19 attached hereto as
and incorporated herein by reference. In Fiscal Year 2019-20, the level of Law Enforcement will increase
to the level of 6 (six) patrol beats set forth in Worksheet (Exhibit A) annualized for FY 2019-20 attached
hereto as and incorporated herein by reference. For the remaining fiscal years during the Initial Term, and
for any Additional Terms, the level of patrol beats shall be as set forth in the then-current Worksheet
(Exhibit A) as agreed upon by the parties pursuant to Section II of this Agreement.

A. Service Provision

Scope of Services. The County, by and through MCSO, shall provide the Law
Enforcement Services within the current incorporated limits of the Town. 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 MCSO duties and responsibilities pertaining to the Town code violations,
animal control issues and other local enforcement services that fall within the definition of
basic 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. MCSO 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.

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 MCSO upon request from the Town.

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 into the Magistrate Court designated
by the Town.

B. Establishment of Service Priorities

1.

Personnel Utilization. MCSO 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 MCSO District Commander in consultation with the Manager and within the overall
contracted level of service

Setting Priorities. The MCSO 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.

a) Changes in priorities shall be supported by monthly incident report data and Town-
specific needs and reviewed by MCSO.

b) Priorities shall be communicated through the appropriate MCSO chain of command
to the patrol units providing Law Enforcement Services within the Town’s jurisdiction.

c) Establishing new priorities should always take into account the Town’s policing
program goals.

Changes to Service Levels. MCSO strives to consistently provide the police program
recommended by the Town Council and agreed upon by the District Commander and the
Town Manager; and that the program provides optimum safety for its employees and the
community.

a. The Town may request in writing to the Sheriff a cost review for contract cost credit
for situations where there is a sustained decrease in deployment of FTE for a period of
greater than three consecutive months for reasons including, but not limited to
extended sick leave, administrative leave, or retirement. Credits will require
authorization by Amendment to this Agreement.

b. Criminal Activity Increases. If MCSO, acting through the District Commander in
consultation with the Town Manager, observes that criminal activity is dramatically
increasing in the Town, MCSO will temporarily deploy support units as deemed
reasonably necessary to suppress such activity.

i. Increases and decreases in supplemental or optional service will be supported
by relevant crime and incident data.

ii. Short term or incidental deployments of additional resources will be at no
additional cost to the Town.

iii. Deployments of additional resources in excess of three months will prompt a

cost review and proposal for reimbursement via an amendment to this
Agreement and a review of the contracted level of Service for future right

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sizing.

iv. Charges for additional services shall incorporate the same methodology
described in Section III 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 and in the case of increases of | beat
or more, longer.

c. Municipality Expansion through Annexation or Development.
A City or Town’s expansion through annexation or development that includes,
but is not limited to: roadways, parks, housing, industrial parks, or land for new
businesses, medical complexes or robust housing developments shall generate
an interim review of the terms and conditions of this contract. MCSO does not
guarantee long-term capacity to support continuous expansive growth.

d. 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.

e. Periodic review to right size service upon entering into new Agreement. At the
end of the Initial Term or final automatic renewal and upon entering into any new
agreement, MCSO and the Town Manager will review the following items to
confirm appropriateness of the current level of contracted service. All level of
service reviews will include the town’s police program definition and community
policing goals and outcomes and a quantitative demonstration that desired
outcomes cannot be achieved within current directed patrol hours available and
MCSO’s span of control and operational policies. Metrics for consideration are
included below. These do not preclude minimum policing standards determined
mutually necessary by MCSO and the Town Manager.

i. Criteria for discussion will include, but will not be limited to: incidents per
1,000 population; contracted sworn FTE (deputies and detectives) per 1,000
population; and incidents per sworn FTE assigned to contract.

ii. Data will be reviewed on the whole as compared with all of MCSO’s
contracted law enforcement. Changes to levels of services will only be
recommended following a review of the accepted police program and
identification of a priority of services using two or more factors as a basis.
Examples:

e A lower than average sworn FTE per 1,000 population and a
higher than average incident per sworn FTE will prompt a
recommended increase to contracted service.

e Ahigher than average sworn FTE per 1,000 population, a
lower than average incident per 1,000 and a lower than
average incident per sworn FTE will prompt a recommended
decrease to contracted service.

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

Maintenance of Sheriff’s Substation

The Town is responsible for providing safe, operational space and parking to accommodate
contracted levels of service which includes utilities and wiring that is sufficiently robust to meet
day to day operational needs of a Law Enforcement operation.

Costs incurred by the Sheriffs Office that are associated with Town-provided space will be
recovered (Section III(B)(3)(d). of this Agreement.).

This Agreement will recognize any rental or space use license agreements negotiated separately
between the Town and County on Behalf of the Sheriff's Office and will recover from the Town
costs incurred.

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. Town Manager Responsibilities. 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 MCSO District Commander with respect to Law
Enforcement Services.

2. Maricopa County Sheriff Directs Operations of Deputies. Maricopa County Sheriff Directs
Operations of Deputies., and while the Town’s designee shall have no chain of command
authority to direct the operations of the MCSO Commander, deputies, and other MCSO
employees, such authority being reserved to the Maricopa County Sheriff pursuant to
Section II(E)(3), below, the parties to this Agreement understand that the Town expects
MCSO to reasonably respond to its needs for Law Enforcement Services as communicated
through the Town Manager or authorized designee. The MCSO 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. 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 MCSO according to policy.

3. Deputy Performance. The Maricopa County Sheriff is solely responsible for the
performance evaluation, discipline and movement of his Command Staff and 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.

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 MCSO be
reassigned or otherwise removed from service within the Town. When such request is
made, MCSO shall comply as soon as reasonably practical, but in any case within no more
than three weeks after such request is made.

12

Il.

Training: Any and all Training of MCSO staff will be provided by the Maricopa County
Sheriff's Office. Requests for MCSO employees to attend training programs sponsored
by the Town require the Sheriff's pre-authorization.

F. Reports and Information

L,

Basic Reporting. This Law Enforcement Services Agreement is limited to law enforcement
service delivery and the management thereof. The terms of this Agreement provide for
Basic Reporting as defined in Section I(A). of this Agreement. The Town and District
Commander may agree on a basic format personalized to the Town.

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.

The MCSO District Commander will provide an Annual Report (Crime Statistics) to the
Town each February.

REIMBURSEMENT COSTS AND CHARGES

A. Reimbursement for Law Enforcement Services

1.

Worksheet to Determine Reimbursement Amount. The Town agrees to reimburse the

MCSO for all Law Enforcement Services rendered as outlined in the attached Worksheet
(Exhibit A FY 2018-19) for increased levels in service in the second half of Fiscal
Year 2019 (January 1, 2019 through June 30, 2019) of this Agreement. The Town
also agrees to reimburse MCSO as outlined in Worksheet (Exhibit A FY 2019-
20) beginning July 1, 2019 through June 30, 2020 for additional increases in
service.

Changes to level of service effected by Amendment will result in a contract amendment
with a new Worksheet (Exhibit A) with an updated annualized cost at the new level of
service.

Charges for new levels of service will take effect the first day of the pay period that
coincides with implementation. If MCSO is unable to fill positions by the planned
implementation date, Town will be credited on the monthly invoice for non-deployment of
personnel until new positions are filled.

Annual Review of Costs. The reimbursement costs for this Agreement are reviewed and
revised on an annual basis. MCSO recognizes the Town’s need to have information early
for its budget and planning process.

a. By February 20 of each year that falls within the term of this Agreement, or any
extension thereof, 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.

b. 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.

Explanation of Excessive Increase. If the next year’s amount is determined to be more
than three percent (3%) higher than the total amount due under the then current year of this

13

Agreement, an explanation from MCSO outlining the increases will be included in the
Annual Cost Notification Letter.

4. 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.

Explanation of Charges

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

lL. Personnel Services. The methodology used for calculating Personnel Services is a direct
cost recovery formula for actual services delivered and shall not be arbitrarily changed.
Personnel Costs are determined using FTE (full time equivalents).

a. 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
5.00 Deputies 1 Beat
0.50 Detectives 1 Beat
1.00 Sergeant for 8 Deputies
1.00 Lieutenant for 18 Deputies
1.00 Captain for 30 Deputies
0.14 Clerical for 1 Beat

* The Town may request and fund additional supervisory, specialized deputies,
analysts, and/or clerical positions beyond the beat-driven calculation. In all cases,
the 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 I, Personnel Services, of the
Worksheet (Exhibit A).

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

14

Salary and Benefits shall be calculated by adding together the following:

(i)

(ii)

(iii)

(iv)

(vy)

Hourly Base Pay: The hourly base pay will be the actual average hourly
salary for the position (title) across the Patrol Districts according to
County payroll system data from the then current fiscal year.

Variable Benefits Rate: This is a percent, by retirement system group,
that is applied to hourly pay that covers the payroll expenses of
retirement, FICA and Medicare. Variable benefits are updated annually
and are the budgeted amounts for the current fiscal year.

Fixed Fringe Benefit: This payroll expense is an annual lump sum cost
per employee for health and other non-retirement benefits and are the
budgeted amounts for the current fiscal year.

Workers Compensation and Unemployment: These payroll expenses are
a fund-wide allocation per FTE.

Special Pay:

Overtime, shift differential and regular over budget comprise special
pay. Overtime costs and Shift Differential costs are based on actual
expenditures by District for the previous fiscal year and applied as a cost
per FTE over the number of budgeted sworn overtime eligible FTE.

Regular Over Budget is a cost applicable to holidays. As a 24 x 7
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.

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.

d. Prisoner Transport

[This space left blank intentionally.]

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.

Ammunition charges consist of an actual cost average from the 4 previous fiscal
years for ammunition (including taser cartridges) and is apportioned by sworn
MCSO FTE.

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

d. Rental costs, if applicable, for space referenced in II. C., above that are incurred
by the County through a real estate license or other type of space use agreement
between the County and Town and charged to the County will be recovered
through this agreement.

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 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.

b. 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.

c. Monthly MDC (Mobile Data Computing) Charges: The monthly charges per FTE
(1 per sworn.) are per device calculated and based on number of system users.

d. 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.

e. I-Phone Monthly Charges: The monthly charges per device are allocated per
applicable FTE.

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 MCSO.

a. The current vehicle and vehicle equipment cost will be used to determine vehicle
depreciation and equipment depreciation amounts. Expected life of vehicles is
125,000 miles and expected life of vehicle equipment is 343,750 miles.

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

c. 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. The exception to this
calculation is for Districts that exist primarily to provide Law Enforcement

16

Services for one contracted municipality. In these cases, actual mileage is
discernible and is used.

Per Mile Rates

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

¢ 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.

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 Sheriff's 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 III(B)(4) of
this Agreement, and not by the Town.

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 sworn
personnel and vehicles), computers, mobile data terminals for vehicles, e-
ticketing equipment for vehicles, Tasers and accessories, radar guns, body cams,
service weapons, body armor, and cell phones.

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 III (A)(2) 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 III(A)(4) of this Agreement.

All one-time and replacement equipment items regardless of funding source, shall
be County property subject to the following:

(i) The Town shall have the option to purchase, at the time they are
designated for retirement from the County fleet, any vehicles that were
initially funded by the Town as one-time purchases. Such a purchase
will require Board action.

(ii) In the event of early termination of this Agreement, or in the event of a
material reduction in service, the Town may request transfer of vehicle
ownership to the Town of any vehicle(s) originally purchased in
conjunction with contracted law enforcement service to the Town. All
transfers of ownership require Board action.

17

Cc.

(iii) Vehicle transfers will be “as is,” except in cases where removable
enhancements, funded by MCSO, can be used in other Sheriff's vehicles.
Such enhancements would be removed and remain County property.
The Town will be responsible for the timely removal of all County and
MCSO markings.

iv) The cost to the Town of transferred vehicles that the Town reimbursed
the initial one-time purchase and that the Town has funded
depreciation/replacement costs through MCSO’s annual operations
charges is $1.00 plus any title and licensing transfer fees.

(v) In the event of early termination of this Agreement, the Town may
request a fair market value credit for its initial cash outlay for vehicles
or other one-time ore replacement equipment items. Such requests will
be coordinated through the Sheriff's Administration Command. Board
action is required. All authorized reimbursements will be transacted as
credits on amounts due on final month(s) invoices.

Indirect Cost Recovery. A 3% administrative service charge will be applied to operating
costs, excluding one-time items, beginning July 1, 2019 and each year thereafter. This
percent can only be changed via amendment and takes effect at the start of a new fiscal
year.

Other Law Enforcement Services. 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.

Payment

Les

The Town agrees to pay the County the sum of $3,562,041.74 for the period January 1,
2019 through June 30, 2019 for increased service per Worksheet Exhibit A, Effective
1/1/2019 plus an estimated amount of $281,917 for one-time items. The costs for one-time
items not received by June 30, 2019 will be carried over and added to FY the 2019-20 one-
time costs. TBD

The Town also agrees to pay the County the sum of $8,309,671.94 in 12 equal installments
for all Law Enforcement Services rendered as outlined in the attached Worksheet
(Exhibit A.), for Fiscal Year 2020, July 1, 2019 through June 30, 2020, plus separate
applicable one-time costs estimated to be $281,814outlined in the Worksheet. The one-
time amount is subject to change depending on whether there are carry over items from FY
2019. Payments for FY 2020, which incorporate an increase in level of service, are subject
to Sections III(A)(1)(b) and I1(B)(3)(b)(iv).

The Town agrees to pay updated rates not yet determined but provided for in Section
III(A)( 2) of this Agreement throughout the Initial Term (January 1, 2019 through June
30, 2022) and each year thereafter.

Payment is due monthly for each year of this Agreement and will be made in twelve
(12) equal installments on or before the 20" day of each month, beginning with the first
month of the fiscal year.

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.

18

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 MCSO in the performance of its responsibilities hereunder.

IV. Authorization and Signatures
Queen Creek 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 QUEEN CREEK, an Arizona
State of Arizona Municipal Corporation
c
By. BLO Gt JUN24 208 py. eZee tere L [sl9
Bill Gates Date Mayor

Chairman, Board of Supervisors

ATTEST: ATTEST:

Daan lane wn 248 (\p nf Kebwwwr ols f'F
Fran McCarroll, Clerk of the Board Date 0522 i Clerk Date
MARICOPA INTY SHERIFF’S OFFICE
om Mele uf

Paul Penzone, ‘Shoilf : /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 gr: under the laws of the
State of Arizona.

(es 6/2419 A
eputy County Attorney Date Town Attorney — 7 Date f

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

[Cost Detail]

See following pages.