Loading...
HomeMy WebLinkAboutRes 2007-19 L RESOLUTION NO.2007-19 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH MARICOPA COUNTY FOR LAW ENFORCEMENT SERVICES FOR FISCAL YEARS 2007-10. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. That the Intergovernmental Agreement between the Town of Fountain Hills and Maricopa County for law enforcement services for fiscal years 2007-10 is hereby approved in the form attached hereto as Exhibit A and incorporated herein by reference. SECTION 2. That the Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to cause the execution of the Agreement and to take all steps necessary to carry out the purpose and intent of this Resolution. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, June 7, 2007. FOR THE TO OF FOUNTAIN HILLS: ATTEST: >6.by W. J. Ni ols, a Bevelyn J. de own Clerk REVIEW APPROVED AS TO FORM: im thy G. is ering, To n anager Andrew J. McGuire,Town Attorney L. 730859.1 EXHIBIT A TO RESOLUTION NO. 2007-19 [Intergovernmental Agreement] See following pages. L L 730859.1 L AGREEMENT FOR LAW ENFORCEMENT SERVICES BETWEEN THE TOWN OF FOUNTAIN HILLS AND MARICOPA COUNTY July 1, 2007 through June 30, 2010 L TABLE OF CONTENTS SECTION Page I. General Provisions A. Definitions 3 B. Legal Notices 4 C. Term of the Agreement 5 D. Automatic Renewal 5 E. Amendments 5 F. Termination 5 G. Insurance 5 H. Indemnification 6 I. Record Keeping and Audits 7 J. Construction of Agreement 7 • II. Services A. Service Provision 8 B. Establishment of Service Priorities 8 C. Maintenance of Sheriffs Substation 9 D. Chain of Command and Responsibility for Performance Standards 9 E. Reports 10 III. Reimbursement Costs and Charges A. Reimbursement for Law Enforcement Services 10 B. Explanation of Charges 10 C. Payment 12 D. Cost of Incarceration 12 IV. Authorization and Signature 13 Exhibit A Level of Service Worksheet 14 Exhibit B Updated Law Enforcement Agreement Cost Detail 17 L 731192.3RVSO 2 AGREEMENT Cato FOR LAW ENFORCEMENT SERVICES THIS AGREEMENT FOR LAW ENFORCEMENT SERVICES (this "Agreement") is made and entered into as of the date of the last signature set forth below by and between the Town of Fountain Hills, an Arizona municipal corporation(hereinafter the"Town")and Maricopa County, a political subdivision of the State of Arizona (hereinafter the"County"). AUTHORITY The County has the authority to enter into this Agreement pursuant to A.R.S. §11-952. The Town has the authority to enter into this Agreement pursuant to A.R.S. § 9-240,9-498 and 11-952. PURPOSE The purpose of this Agreement is to provide for the delivery of Law Enforcement Services (as defined below)to the Town by the County, acting by and through Maricopa County Sheriff's Office. All rights and obligations of the parties shall be governed by the terms of this document, its Exhibits,Attachments and Appendices, if any, including any Subcontracts or Amendments as set forth on the following pages. 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. Beat means Law Enforcement Services on a 24-hour basis, 7 days per week, 52 weeks per year, utilizing a radio equipped patrol vehicle as well as routine and emergency back-up assistance as appropriate and civil standby coverage as appropriate. Board means the Maricopa County Board of Supervisors. Calendar Year means a twelve-month period beginning January 1 through December 31. County means Maricopa County,a political subdivision of the State of Arizona. Fiscal Year means a twelve-month period beginning July 1 through June 30. Law Enforcement Services means enforcement program activities and services provided by the Sheriff's Office pursuant to this Agreement,including,but not limited to: • Patrol,Responses to Emergency Calls and Arrests of Suspects • Dispatch and Police Communications Services • Traffic Enforcement and Accident Investigations • Enforcement Support and Specialized Response(Canine,Bomb Squad, S.W.A.T.) • Investigations of Alleged Crimes • Community Crime Prevention and Awareness Programs and Activities, including bicycle safety and vacation watch • Property and Evidence Safekeeping • Up-to-Date Police Information Systems to generate Reports and Facilitate Criminal Arrests • Posse Coordination • Court Security 731192.3RVSO 3 Mayor means the Mayor of the Town of Fountain Hills. Sheriff's Office means the Maricopa County Sheriff and those functions, activities and facilities for which he has responsibility. Town means the Town of Fountain Hills an Arizona municipal corporation. Town Council means the Mayor and Council of the Town of Fountain Hills. Town Manager means the Town Manager of the Town of Fountain Hills, or his authorized designee. B. Legal Notices Any notice or other communication required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if(1) delivered to the party at the address set forth below, (2) deposited in the U.S. Mail, 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 address set forth below: If to the County: David Smith Maricopa County Manager 301 W. Jefferson, 10th Floor Phoenix,Arizona 85003 If to the Sheriff's Office: Joseph M.Arpaio Maricopa County Sheriff Lire 100 W.Washington, Suite 1900 Phoenix,Arizona 85003 Loretta M.Barkell,Chief Financial Officer Maricopa County Sheriff 100 W.Washington, Suite 1900 Phoenix,Arizona 85003 If to the Town: Hon.W.J.Nichols Mayor of Fountain Hills 16705 E.Avenue of the Fountains Fountain Hills,AZ 85268 Mr.Timothy Pickering Town Manager 16705 E.Avenue of the Fountains Fountain Hills,AZ 85268 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 731192.3RVSO 4 refer to the date on which the party, and not its counsel or other recipient to which a copy of the cow notice may be sent,is deemed to have received the notice. C. Term of the Agreement This Agreement shall become effective (the "Effective Date") upon (1) approval by the Town Council and the Board and(2) filing with the Maricopa County Recorder. However, the County shall provide,and the Town shall compensate the County for the Law Enforcement Services as set forth in this Agreement for a three-year period beginning July 1, 2007. This Agreement shall remain in full force and effect from the Effective Date through June 30, 2010(the"Initial Term"), unless terminated earlier pursuant to Section I.F of this Agreement. D. Automatic Renewal This Agreement shall automatically renew for additional 1-year periods, (each, an "Additional Term"), with all the terms of this Agreement in effect,unless and until renegotiated or terminated. Written notice by either party shall be required by April 15 of the then current one-year term to exercise non-renewal of this Agreement. This Agreement shall supersede and replace that certain Agreement for Law Enforcement Services between the parties recorded June 14, 2004,No. 2004- 0670710,and re-recorded on July 14,2004,No.2004-0804680. E. 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, (2) signed by both parties and (3) filed in the Maricopa County Recorder's Office. Amendments to increase or decrease levels of Law Enforcement Service within a given year during the Initial Term or any Additional Term of this Agreement will not become effective until 90 days after the fully-executed amendment is recorded in the Maricopa County Recorder's Office. F. Termination Either party shall have the right,upon 24 months written notice to the other party,to terminate this Agreement without cause. 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 60 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. G. 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. L 731192.3RVSO 5 1. General: cry a. Additional Insured: The County's insurance coverage and self-insured retention or deductible portions, except workers' compensation insurance, shall name, to the fullest extent permitted by law for claims arising out of the performance of the Law Enforcement Services included in this Agreement,the Town, its agents, representatives, officers, directors, officials and employees as Additional Insured as specified under the respective coverage sections of this Agreement. 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. 2. Required Insurance Coverage: a. General Liability: County shall maintain "occurrence" form General Liability insurance with an unimpaired limit of not less than $10,000,000 for each occurrence, $10,000,000 General Aggregate Limit. The policy shall cover liability arising from premises,operations and personal injury. b. Vehicle Liability: The County shall maintain Business Automobile Liability insurance with a limit of$2,000,000 each occurrence on County's owned, hired and non-owned vehicles 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 Employers Liability Insurance of not less than $500,000 for each accident, $500,000 disease for each employee and$1,000,000 disease policy limit. 3. Cancellation and Expiration Notice: Insurance required herein shall not expire,be canceled, or materially changed without 30 days'prior written notice to the Town. H. Indemnification 1. 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. 731192.3RVSO 6 2. The Town shall not indemnify 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 result of any act or omission of the Sheriffs Office which occurs within the Town which is caused by the negligence or misconduct by any member of the staff of the Sheriffs Office or which occurs while any such staff member is performing Law Enforcement Services not directly related to this Agreement. The County shall pay, on behalf of the Town, all judgements, fines, penalties, interest on judgements, 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 until such time as both parties agree to terminate this Agreement or it terminates by its terms. Record Keeping and Audits 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. 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. J. Construction of Agreement • 1. 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 Lir 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. 2. 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. 3. This Agreement contains all the terms and conditions agreed to by the parties. No other understanding, oral or otherwise,regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. Nothing in this Agreement shall be construed as consent to any suit or waiver of any defense in a suit brought against the State of Arizona,Maricopa County, or the Town of Fountain Hills in any State or Federal Court. 4. This Agreement shall be interpreted in accordance with Arizona law. 5. For purposes of A.R.S. § 31-121(d), the Sheriffs 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. 731192.3RVS0 7 6. This Agreement is subject to the provisions of A.R.S. § 38-511. 4111WII. SERVICES A. Service Provision 1. The County, by and through the Sheriff's Office, shall provide the Law Enforcement Services described in this Agreement within the incorporated limits of the Town. The Sheriff's Office shall have responsibility for investigating and enforcing certain Town code violations. The Town Manager and the District Commander shall establish between themselves the Sheriff's Office duties and responsibilities pertaining to the Town code violations, animal control issues and other local enforcement services that fall within the definition of Law Enforcement Services. 2. The Sheriff's Office shall provide Law Enforcement Services at the level of patrol beats set forth in the then-current version of the Worksheet, Exhibit A, attached hereto and incorporated herein by reference,as may be amended pursuant to Section III.A.2 below. 3. Law Enforcement Services include activities listed in Section I,Definitions. 4. If the Sheriff's Office, acting through the District Commander or the Town Manager observes that criminal activity is dramatically increasing in the Town,the Sheriff's Office will temporarily deploy support units as deemed reasonably necessary to suppress such activity. 5. Misdemeanors, traffic infractions and civil violations occurring within the corporate limits of the Town shall be cited into the Town's Magistrate Court. Low B. Establishment of Service Priorities 1. District personnel shall be utilized in the most efficient manner to meet the needs of the Town,as determined by the.District Commander. 2. The District Commander and the Town Manager or authorized designee shall meet at least once each quarter to establish priorities for the delivery of Law Enforcement Services as desired by the Town. Priorities shall be communicated through the appropriate Sheriffs Office chain of command to the patrol units providing Law Enforcement Services within the Town's jurisdiction. The Town Manager and the District Commander shall meet as often as necessary on other occasions to ensure the highest quality overall provision of Law Enforcement Services to the Town. 3. The Town may request additional support services or Law Enforcement Services or extend the term of this Agreement, pursuant to an amendment adopted as set forth in Section I.E above. Charges for additional services shall incorporate the same methodology described in Section III of this Agreement. The parties agree and understand that the length of time to establish and hire new positions can be up to six months. 4. The level of contracted service provided for in this Agreement shall allow management of dispatch and response times for Emergency Priority 1 Calls as follows: a. Emergency priority 1 calls to be answered within sixty(60)seconds. 1. The dispatch time shall be measures from the point at which the call is answered to the time the dispatcher initiates radio notification to the deputy assigned to respond. 731192.3RVS0 8 2. Reports shall be made available to the Town that detail emergency priority dispatches taking more than sixty(60)seconds to complete. b. Emergency priority 1 calls shall have a deputy on scene within five(5)minutes or less. 1. The response time shall be measured from the time the deputy receives the call from dispatch through arrival to the scene. 2. Reports shall be made available to the Town that detail each emergency priority one response taking longer than five(5)minutes to arrive on scene. 5. Amendments to change the service levels in this Agreement shall be made in accordance with Section I.E.above. C. Maintenance of Sheriff's Substation At all times during the term of this Agreement and any extension thereof,the Sheriffs Office shall maintain at least one substation facility within the corporate limits of the Town, at a location(or locations) mutually agreeable to the Sheriff's Office and the Town Manager. All deputies assigned to duties within the Town shall operate out of such substation(s). The Sheriffs Office obligations set forth in this Section may be satisfied by maintaining and utilizing space from the Town in its Town Hall Building. D. Chain of Command and Responsibility for Performance Standards 1. 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. The District Commander shall, at all times, consider the request of the Town Manager or authorized designee with respect to the implementation of Law Enforcement Services. While the Town's designee shall have no chain of command authority to direct the operations of the deputies from the Sheriffs Office, such authority being reserved to the Maricopa County Sheriff pursuant to Section II.E.2., below, the parties to this Agreement understand that the Town expects the Sheriffs Office to reasonably respond to its needs for Law Enforcement Services as communicated through the Town Manager or authorized designee. 2. 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 parties regarding the manner of performance of such service, the determination made by the Maricopa County Sheriff shall be final and conclusive. 3. The Sheriffs Office shall assign to the Fountain Hills District a full time deputy,with the rank of Lieutenant or higher,who shall be designated the"District Commander"and who shall be responsible for the supervision and coordination of Law Enforcement Services by the Sheriff's Office within the Town. The Sheriffs Office will provide the Town Manager with a list of candidates from which to select the District Commander. The Sheriffs Office shall assign the District Commander to service within the Town for a term of at least two years and such individual will not be reassigned except upon mutual agreement of the Town and the Sheriffs Office. 4. The Sheriffs Office will, from time to time, assign to the Town sufficient deputies to provide the Law Enforcement Services required by this Agreement. Staff will be 731192.3RVSO 9 assigned to the Town n a full-time basis and will work within the Town limits unless required to cross jurisdiction boundaries for pursuits, ongoing investigation of Town cases or other temporary law enforcement emergency situations including responding to requests for assistance from other officers in surrounding jurisdictions in emergency or dangerous situations. To the extent possible, the Sheriff's Office personnel who are selected for deployment to the Town will be required to make a two year commitment to this assignment in the Sheriff's Office and shall remain deployed to the Town for such two-year period unless reassignment is requested by the Town Manager; provided, however, that the Sheriff's Office may transfer personnel, with prior notification to the Town Manager, when such transfer is in the best interests of the Town and the Sheriff's Office. 5. 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 Sheriff's Office be reassigned or otherwise removed from service within the Town. When such request is made, the Sheriff's Office shall comply as soon as reasonably practical, but in any case within no more than three weeks after such request is made. E. Reports Included in the Enforcement Services is delivery of routine statistical and management reports normally prepared by the Sheriff's Office concerning Law Enforcement Services provided pursuant to this Agreement. The District Commander and the Town Manager shall establish,by cooperation and based on information that is readily available from the Sheriff's Records Management System(RMS)and Computer-Aided Dispatch(CAD) System,the specific data to be included in these reports. III. REIMBURSEMENT COSTS AND CHARGES A. Reimbursement for Law Enforcement Services 1. The Town agrees to reimburse the Sheriff's Office for all Law Enforcement Services rendered as outlined in the attached Worksheet (Exhibit A) for the first year of this Agreement(July 1, 2007 through June 30,2008). 2. By February 15 of each year that falls within the term of this Agreement, or any extension thereof, the Sheriff's Office shall submit an Updated Worksheet (Exhibit A) notifying the Town of charges for the Law Enforcement Services requested for the subsequent fiscal year. Each annual worksheet proposal shall be prepared in accordance with the established formula originally developed cooperatively by the Town, the County Office of Management and Budget and the Sheriff's Office in the 1995 Law Enforcement Agreement Cost Allocation Formula, as updated to reflect communications and technology costs, a true and correct copy of which is attached hereto as Exhibit B and incorporated herein by reference, illustrating a direct cost recovery for actual services delivered. The Sheriff's Office,the County or the Town cannot arbitrarily change costs. 3. If the next year's amount is determined to be more than 3%higher than the total amount due under the then-current year of this Agreement, a letter of explanation from the County outlining the increases will be required. B. Explanation of Charges Sheriff's Office annual Worksheet (Exhibit A) shall be beat-driven and prepared with the cor following sections: 731192.3RVSO 10 1. Personnel Services corThe methodology used for calculating Personnel Services is a direct cost recovery formula for actual services delivered and shall not be arbitrarily changed. a. 1 beat=7 day coverage per week,24 hours a day with 5 deputy FTE. b. The formula for staffing requirements(in addition to 5 deputies FTE) per beat shall be: FTE Staffing Requirements Deputy FTEs Increment per beat Supported 0.50 Detectives 5 0.55 Sergeant 5 (1 Sgt. Per 9 deputies) 0.28 Lieutenant 5 (1 Lt. per 18 deputies) 0.14 Clerical 5 0.14 Transport Deputy 5 c. Position costs shall be calculated using average salary for the market range for filled positions plus benefits multiplied by the annual number of hours. d. Overtime and Shift Differential shall be added to the sub-total of position costs • for a total personnel services cost. e. Town may request and fund additional supervisory and/or clerical positions beyond the beat-driven calculation. Such requests will be incorporated in Part 1, Personnel Services,of the Worksheet(Exhibit A). f. Implementation of video hearings will impact the transport deputy allocation. 2. Supplies Reimbursement for supplies includes uniform expense, and an allocation per FTE based on average supply expenditures in the Patrol districts. 3. Services Proportionate charges for Sheriff's Police Communications and Information shall be based on the Town's portion of Sheriff's call volume and County police radio communications system cost shall be based on the number of system users. 4. Vehicle Charges a. The number of miles driven will be used to determine charges for vehicle mileage,vehicle depreciation,and vehicle equipment depreciation. b. The number of miles driven will be estimated and will be used to determine charges for new additions to fleet resulting from new service initiation and Amendments for increases in service. c. Vehicle depreciation and vehicle equipment charges allow timely replacement of patrol vehicles using the County's vehicle replacement plan. d. Maintenance of vehicles is the responsibility of the Sheriff's Office. 731192.3RVSO 11 05/30/2007 12:35 FAX 6023790177 fJ002/002 5. One-Time Cost Reimbursement a. The Town will be required to fund one-time reimbursement for vehicles and patrol vehicle equipment purchased upon initiation of service and for any vehicles and patrol vehicle equipment purchased to meet increases in levels of service authorized by Amendment(s) to this Agreement. Subsequent replacements shall be funded by the County as provided in Section III.B.4 above, b. The Town will be required to fund one-time reimbursement costs to equip deputies upon initiation of service and for deputies added to service by Amendment. These one-time cost items include: radios, laptop computers or mobile data terminals.tasers,bulletproof vests and cell phones. C. Payment 1. The Town agrees to pay the sum of S2,704,872 for all Law Enforcement Services rendered as outlined in the attached Worksheet(Exhibit A)for the first year(July 1,2007 through June 30,2008)of the Initial Term of this Agreement(July 1,2007 through June 30,2010). 2. Payment for Law Enforcement Services for each year of this Agreement will be made in 12 installments on a monthly basis on or before the 10th day of each month,beginning with the first month of the Initial Term. 3. 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. 4. Payment to reimburse the initial purchase of one-rime items described in Section III.A.2.a.5.,above shall be billed separately as one-time reimbursements: 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 Sheriff's Office in the performance of its responsibilities hereunder. (THIS SECTION LEFT INTENTIONALLY BLANK) • 73l 192.3RVSO 12 IV. Authorization and Signatures LIN 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 FOUNTAIN HILL an Arizona State of Arizona municipal corporation BY: BY: 7 07 Fulton Brock,Chairman Date W.J.N. ho s, r Da e Board of Supervisors ATTEST: ATTEST: Fran McCarroll, Clerk of the Board Bevelyn J ,.Bend To Clerk MARICOPA COUNTY SHERIFF'S OFFICE • BY: Joseph M.Arpaio,Sheriff Date In accordance with the requirements of A.R.S. § 11-952(D), the undersigned attorneys acknowledge that (i) they have reviewed the above Agreement on behalf of their respective clients and(ii) as to their respective clients only, each attorney has determined that this Agreement is in proper form and that execution hereof is within the powers and authority granted under the laws of the State of Arizona. /7/o7 Deputy County Attorney Date Andrew J.McGuire,Town Attorney Date 731192.3RVSO 13 EXHIBIT A TO INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND MARICOPA COUNTY [Level of Service Worksheet] See following pages. L 14 Worksheet--Exhibit A. Fountain Hills Maricopa County Sheriffs Office Law Enforcement Reimbursement Costs and Charges FY 2008 (Juy 1,2007 through June 30,2008) Total Number of Patrol Beats to be Provided , Transp Deputy adjusted for Video Visitation,incr Sergeant Part 1. Personnel Services Based on total bud eted hours of 2088 Classifications Number of Average Variable Fringe Average wl var. Fixed Fringe Annualized Patrol Deputies 19.00 $25.77 25.85% $32.43 $ 7,731 $1,433,513 Detectives 3.03 $25.77 25.85% $32.43 $ 7,731 $228,608 Sergeants 1) 3.00 $34.14 25.85% $42.97 $ 7,731 $292,327 Lieutenants 1.29 $44.36 25.85% $55.83 $ 7,731 $160,344 Captain 0.77 $53.28 25.85% $55.83 $ 7,731 $113,758 Clerical 1.00 $13.01 17.25% $15.25 $ 7,731 $39,582 High School SRO 1.00 $27.38 25.85% $34.46 $ 7,731 $79,679 Transportation Deputy') 0.10 $25.77 25.85% $32.43 $ 7,731 $7,545 Total Staff Salary and Benefits $2,355,356 Manpower Allocation Factor FTE Staffing Requirements 24 hour 17 day post 5.00 FTE Employees 0.67 Detectives 1 Beat 8 hour/7 day post 1.67 FTE Employees 1.00 Sergeant for 9 Deputies 8 hour/5 day post 1.19 FTE Employees 1.00 Lieutenant for 18 Deputies 1.00 Captain for 30 Deputies 0.14 Clerical for 1 Beat 0.14 Transport Deputy 1 Beat Special Pay FTE's Per FTE Cost Total Special Pay Costs Overtime/Shift Differential 27.13 $3,472.79 $94,217.00 ,,, . w ,' .>. , ," a ,4. '::: . . 1 . . ''''*4.! Part 2. Supplies and Rent Total FTE's 29.19 Supply Cost per Employee $21,893 ($750 average per FTE) Uniform Allowance $16,914 ($600 per Deputy) Nlior 731192.3RVSO 15 • Part 3. Services--Police Communications and Information Service Amount I Explanation Sworn FTE's 28.19 Dispatch 55,697 Radio System User Support 1,734 Proportionate cost based on actual number of Calls Received/Incidents. Info Systems Maint/Access and Reporting 9,538 County Wireless Radio System Cost 13,418$476 per sworn officer cost. ,noto • �. II�G�Y I 1) Reduce Transportation Deputy FTE to 1.0 and increase Sergeant FTE to 3.0 per Town of Fountain Hills request on 3/22/07. Part 4. Vehicles and Equipment Costs are based on full mileage rate,depreciation of vehicle,and depreciation of equipment multiplied by number of estimated miles. Vehicle Cost with Warranty $ 34,923 Vehicle life 100,000 miles. Equipment Costs $ 14,410 Equipment life 200,000 miles. Crown Vic patrol vehicles Per Mile Estimated Annualized Rate Annual Miles Costs Mileage Rate $0.210 129,545, $27,204 Vehicle Depreciation $0.349 129,545 $45,211 Equipment Depreciation $0.072 129,545 $9,327 Vehicle Cost with Warranty $ 38,361 Vehicle life 125,000 miles. Equipment Costs $ 14,410 Equipment life 200,000 miles. SUV patrol vehicles Per Mile Estimated Annualized Rate Annual Miles Costs Mileage Rate _ $0.290 64,773 $18,784 Vehicle Depreciation $0.307 64,773 $19,885 Equipment Depreciation $0 072 64,773 $4,664 Part 5. One-Time Costs Quantity Unit Cost Est Cost Tasers w/accessories 1 1,205 1,205 Ruggedized Laptop Computt 1 4,525 _ 4,525 Deputy Mobile Radio 1 5,300 5,300 Total Contract Costs Revised March 22,2007 L 731192.3RVSO 16 EXHIBIT B TO INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND MARICOPA COUNTY [Updated Law Enforcement Agreement Cost Detail Based upon 1995 Formula] See following pages. L L 731192.3RVSO 17 U N T O c Q a 'i n i o Q 0 c m a Z 2 )0a) 'g Mco c) 0) OCO Nr CO NO N U et a occ �[) COMMf��[) CO el .. Cn v M a0 C77) CON- CO Ell It) ~ E t•� •N N (A(- (A(fl M m „y N ^ Q 0) a) N 44 LQ 6 In f0 d O. d N (D "p y c a) m a) a) a) a) m CO m gc' o H warn co 0.- co w N M M M M M M M M+ d M Z C)N N N N N N N N E G d N N N N N N N N m U To 3 U. ao 3 w v x ° a o m �_ N CD m c ii w R _ >n N 8 to EA d3 EH(f3 O C U N N w O3 „ 8 m co L p' ,c co (c N T M U) (0 M L ' 7 Cr) (� N >2 0. 0 A N �".4 OD N Nt (5 0. • $ u to Lu m Ts cg 2 co c 0 3 Nv o Eataea(MA W N 4O 0 a O aw)r�i a R ao -8 7) o a 8i aL > c (p c cOfop O tf ~ o 0 o w �� U N N U N r c V m \\\ 42m Q c �' N rn7 0 � � come CN H O c E i v a m o a) m N _ acn JU UI- LL' --0-; w E pa d hiLC y LL` (ri w w t, U,• u• i uiy N N N N N N N\\\\ a J cm j / o LL V d O I� r- � CO OD v- O � ~ (a re N I` M N O M I- a) a) a) E w h- ' /< kcu co cia OoU- o a UJ d OM . C) I,- 000 V O I- O) N CO il a O OO N I- 00N- (5O (O � 0) 2. j a H O) M M O O to c H N LL O W 1' J w d L i o . ,) t~i CO a) O ate. m CD CI) Q = Cr OL .2 3 m To p N 0 c d = o c o E i �, 0L. 0 O e Op 2 O. O O CL E O. m N p. mY . 00ia m 't4 -0 -0 Q. (n Zco 0 > c m o N o o N) a) e► C) O •i) af6i awe) �m )(n n c .. E ;a ° arn = a c c 2So 000 a�i as a`) o) 2 H M .c > I-- Cl. ❑ (an) J (..) U2 H �-8 . 0000 O o S m rE 731192.3RVSO 18 (Ilki, .o 6° o �N v o E u a) 2 �� O n N O'C_ N N n O) Q O C N En' . c E m os K Oaf 111; N° a > afoE a o -c a) E a3M = E 0 E � aC3C r� a) oi ua v Ucn Untf O S L Uo � a) a ko /o o Omt ''' 00 - M,, - c 10 E Ud Cov w 'L a) C '02 z � O= C O p 40 X° NaNV Nv � 0 i0 • rGp 3 cm U . �nd O N ,, v a 2 To H ca 'a a v v m v \ / 0 HE 0 N O a) v)c § E LN dC.) c,)i C ou E \\W N a) �� ' vL c flI— QV Tr uNor. U 'd o at a / nvmco co W N o — o a a rncoch � N cor� )nv p ., � � a) C rL � p c � � a) _a, R y 3 d as a E 22 73 oo j Q W 0.a) � M � E w `o E) o .0 oi2a 1 z c,, a o U CO -I A./ N c0 a E N N E co a) a)a) f0 r cc z >) a a) Q R 00 O i 'j O a a) O. •a (aL .5 c a) w d E * cof) O W 8 0 V cn re 2 u) a) 4 a f0 4414 aEi . M C u) w I) a) oo o - U E y W Q CI) cn Z N LL >. E ., M o R t CO a o , ,Q o a f°Qco mC a c cfti 731192.3RVSO 19 f L o > O •U N .- V a) p N Co OctO N .0 CO� O40 N CU a) LID co co c O ON ELL O O 0 Ln T.c 01 ? O Ln .t O C V 5 M E L `E O O arm. O 7 Z w 6,0 1, O a " cam• y E -802 tri CO e O Y w L C ro ff0 LS N c p • O Q x N! d CD . V E V C E O H N N V M c _Cl) o C d O L a) N N Tr Efl N 00 0) �+ w E. co N ° O O O tf3 EA a) 0 , .� EA E1? C M •C2 u_ L -O • o c E 0 c 0 �_ o 0 0Q V LL V d o ai � � v co- tiNN- al <Y N U 00 , Ln Ln LO N O N N- Q. ++ r- L ,— = Ln o EA O) a- t co C >' > a) � � � � N OCOOO i O 'a 't — O 2 •= a) a) C� m m E co 0 E o To L. c a •.3 > ww -, 410a c °' wwQ 70 W d C a co O O N O I� N O a�i CAd NM O M � NMO fi c O a J 2 O ci 00 a5 a) 000 � U7 , = a) CO 69-Ea 0. a) E O c4 a) u a ,n m �.LIU �� Efl EA d � ER Ef3 = ' > w E ++ Inhi cc , 2 QO U > Y a 0 Za�i O ac) � 0 aa)) O aa) m0 aci 't ig: ) ..- � 0. > co fl. � 0. ° 0,4) o,`. ate) ,_ w+ CO L 71 p N L 7 L 7 > a) L 7 � > a) I— a O E > wIU > w > wcn > w o . tA+ L O > U w N O L U _ L > E 731192.3RVSO 20