2026.06.25 AZ MILLS MALL CONTRACT FY26-27.PDF

Arizona Mills Mall, LLC / City of Tempe Police
Police Officer Duty and Expense Sharing Agreement

The Tempe Police Department, City of Tempe, and Arizona Mills Mall, LLC are agreeing on a contractual basis
to share the costs of providing dedicated and specific police services as described in this agreement.

The intent of this agreement will be to assign the equivalency of one City of Tempe Police Officer position to the
Arizona Mills Mall. The cost of this dedicated police service shall be paid by Arizona Mills Mall, LLC. The cost
to Arizona Mills Mall, LLC for the Police Officer salary and related benefits for Fiscal Year 2026-27 (July-June)
is $182,060.28.

OBLIGATIONS

The Tempe Police Department Shall:

1,
2.
3.

Assign the equivalency of one full-time Police Officer position to the Arizona Mills Mall.

Provide the Officer with a vehicle, all police equipment, city benefits, and training.

Provide the Arizona Mills Mall, LLC local designee with specific information as to the Officer’s work hours,
duties, responsibilities, and limitations.

The Arizona Mills Mall, LLC Shall:

1. Provide the Officer with an appropriate work environment, including an established beat office.
2. Provide the Officer with radios to be able to communicate with mall security.
3. Maintain current off-duty law enforcement staffing level, which currently consists of Tempe Police Officers.

TERMS

The Police Officer works for and is solely employed by the City of Tempe. The Police Officer will take
any and all actions that they deem necessary in their obligation to enforce the laws of the State of Arizona
and the City of Tempe.

While the Police Officer will normally be assigned to cover a four-day work schedule, vacation, sick and
other leave time that the Officer utilizes will, at times, reduce the Tempe Police Department’s coverage at
the mall. Other Police Officers will not normally be called in to take the place of a “Mall Officer” that is
off on leave.

While the Police Officers will be given duties which include providing a high degree of visibility in the
common mall areas, the Police Officer shall not be asked to utilize a punch key or any other logging
device that requires the Police Officer to track the areas in the mall that the Officer passes.

While it is anticipated that mall staff and other police agencies will interact with the Police Officer, the
Police Officer shall report to and receive direction from City of Tempe Police supervisors only. :

The assigned Police Officer will be considered “on duty” while at the mall, and, while the Police
Department shall take all steps to minimize redeployment, on occasion, the Officer may need to be
removed from the mall to assist in other areas. Some situations, including by not limited to incidents of
civil unrest, searches, aircraft failure, large tactical situations, etc., may necessitate the need to
temporarily place the Police Officer in service positions outside of the mall area.

The assigned Police Officer will be called upon to perform a great variety of activities at the mall. A
schedule of recommended hours to be devoted to particular activities (taking calls for service, crime
prevention, education programs, etc.) will be developed with input from Mall Management
Representatives.

7. To the extent permitted by law, each party shall indemnify and hold harmless the other party, and its
directors, Officers, agents and employees, against and from all claims, demands, suits, losses, damages,
expenses, and liabilities, including without limitation, reasonable costs of defense, reasonable attorney’s
fees and reasonable witness fees, of any type arising in connection with a breach of this Agreement, or in
connection with any injury to or death of any person or persons, including but not limited to employees of
either party, or damage or damages to property, including by not limited to the property of either party,
that such party incurs as a result of any negligence or tortious act, action or omission, by the other party or
its directors, Officers, agents, servants, employees, or subcontractors or persons employed by them.

8. Nothing herein contained in the Agreement shall ever be construed to create an association, joint venture,
trust or partnership, or to impose a trust or partnership covenant, obligation or liability on or with regard
to the parties. Neither party shall be under the control of nor shall be deemed to control the other party.
Neither party shall be the agent of or have a right or power to bind the other party without its express
written consent, except as expressly provided in this Agreement.

9. No assignment or other transfer of this Agreement shall be binding or create any rights in any assignee
until each assignment or other transfer is approved or accepted in writing by the other party.

10. In the event that any of the terms, covenants or conditions of this Agreement, or the application of any
such term, covenant or condition, shall be held invalid as to any person or circumstance by any court
having jurisdiction in the premises, all other terms, covenants or conditions of such agreements and their
application shall not be affected thereby, but shall remain in force and effect.

11. This Agreement constitutes the entire agreement between the parties, and no understandings or
obligations not herein or therein expressly set forth shall be binding upon them. No modification,

amendment or alteration of this Agreement shall be valid unless it is in writing and signed by both parties.

12. This Agreement shall be governed by State of Arizona law and suits pertaining to this agreement may
only be brought in courts located in Maricopa County, Arizona.

13. This agreement is subject to the cancellation provisions of A.R.S. Section 38-511.
14, The term of this agreement shall be for one year, beginning on July 1, 2026, and terminating on June 30,

2027.

This Agreement is made and entered into with an effective date of July 1, 2026, by and between the Tempe Police
Department, City of Tempe, and Arizona Mills Mall, LLC.

J Dt-2—

Kenneth McCoy Date Billy Patton Date
Chief of Police General Manager, Arizona Mills Mall, LLC

Costs for Sworn Officer
City of Tempe Police Department
Fiscal Year 2026-27

Salary $ 105,010.50
Overtime (30 annual hours) $ 2,271.86
FICA (7.65%) $ 8,207.10
Retirement (43.94%) $ 47,139.82
Health Insurance (flat rate) $ 18,331.00
Uniform Reimbursement (flat rate) $ 1,100.00

Total $ 182,060.28

Monthly Billing Amount: $ 15,171.69 |