AMENDMENT 2ASU MCSO TRAFFIC STOPV3_7_25 (OGC).PDF
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SECOND AMENDMENT TO MASTER SERVICES AGREEMENT BETWEEN THE ARIZONA BOARD OF REGENTS FOR AND ON BEHALF OF ARIZONA STATE UNIVERSITY AND ITS CENTER FOR VIOLENCE PREVENTION AND COMMUNITY SAFETY AND MARICOPA COUNTY BOARD OF SUPERVISORS ACTING ON BEHALF OF THE MARICOPA COUNTY SHERIFF’S OFFICE (Maricopa County Agenda # ________________________) THIS SECOND AMENDMENT TO MASTER SERVICES AGREEMENT (this “Amendment”) is made and entered into effective as of July 1, 2016 by and between the Arizona Board of Regents for and on behalf of Arizona State University and its Center for Violence Prevention and Community Safety (“ASU”), and the Maricopa County Board of Supervisors acting on behalf of the Maricopa County Sheriff’s Office (“MCSO”). RECITALS A. MCSO entered into a Master Services Agreement (the “Master Agreement”) with ASU for consulting services not to exceed five years effective April 8, 2015 for the purpose of receiving services outlined in Exhibit A of the Master Agreement. B. The parties entered into a First Amendment to the Master Agreement to address insurance requirements. C. The parties desire to further amend the Master Agreement by replacing Exhibit A to the Master Agreement with a new Exhibit A, which outlines the parties’ objectives and cost of furthering the Traffic Stop Data Project in Fiscal Year 2017, beginning July 1, 2016. AGREEMENT NOW, THEREFORE, the parties hereto agree as follows: 1. Amendment of Exhibit A. Effective as of July 1, 2016, Exhibit A of the Master Agreement is hereby amended and restated in its entirety and shall read as set forth on Attachment 1 hereto. 2. Effect of Amendment. Except as modified by this Amendment, and only to the extent so modified, all other terms and conditions of the Master Agreement shall remain unmodified and in full force and effect. 3. Conflict or Inconsistency. In the event there is any conflict or inconsistency between the terms and conditions of this Amendment and the terms and conditions of the Master Agreement, the terms and conditions of this Amendment shall govern and control the rights and the obligations of the parties. 4. Counterparts. This Amendment may be executed in any number of counterparts, each of which shall be an original, but all of which taken together shall constitute one and the same instrument. 1 IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their duly authorized representatives on the date first above written. THE ARIZONA BOARD OF REGENTS MARICOPA COUNTY BOARD OF FOR AND ON BEHALF SUPERVISORS ARIZONA STATE UNIVERSITY By: By: Mark Searle Date Clint Hickman Date University Provost Chairman of Board ATTEST: By: Fran McCarroll Date Clerk of the Board APPROVED AS TO FORM APPROVED AS TO FORM By: By: Associate General Counsel Date Deputy County Attorney Date Arizona State University 2 ATTACHMENT 1 Amended Exhibit A A. Provision of Analytical Technical Assistance to the MCSO for Traffic Stop, April 2016 to 2017 The purpose of this Agreement is to develop the MCSO’s capacity to audit traffic stop data and conduct trend analysis on traffic stops, traffic stop outcomes, and searches and seizures. Objective 1: Data Audit. ASU will provide technical assistance and input to assist the MCSO to develop an oversight mechanism that determines error rate standards and provides precise information on the causes and consequences of errors in traffic stop data collection. ASU will engage key stakeholders to identify and prioritize their concerns about data quality, and how various interventions might be used to ameliorate recurring problems associated with problem data elements. The final result will be a data audit document that discusses the quality of the data on a yearly (corresponding to the fiscal year) basis. Objective 2: Developing Analytical Capacity. ASU will develop a 2-hour training module for MCSO staff about the development and implementation of monthly, quarterly and annual traffic stop data reports. ASU will conduct the training classes at least on 5 dates mutually agreed upon by the parties in each twelve (12) month period. ASU will train MCSO staff on: 1) research related to prior reviews of traffic stop data, 2) strengths and weaknesses of prior research, 3) contemporary methods in collecting, auditing, analyzing, and disseminating traffic stop data, 4) analytical methods for auditing and analyzing traffic stop data, and 5) data dissemination strategies. ASU will provide ongoing technical assistance to the primary MCSO personnel with respect to statistical training, use of predictive analytics software, Statistical Package for the Social Sciences (SPSS), and manipulation of SPSS syntax and output. Participants in the technical assistance interaction will develop familiarity with the basic statistical techniques used in the analysis of the data and develop the capacity to critically evaluate the various reports produced by the MSCO-ASU research partnership. This technical assistance goes beyond what is seen in the trainings, and will assist with report writing and manipulation of SPSS syntax to automate the report writing. Technical assistance will begin immediately upon execution of the agreement between MSCO and ASU and continue throughout the life of the project. Objective 3: Planning for Implementation. The Parties will plan for the implementation of monthly, quarterly, and annual reports. This will include but not be limited to the development of an outline of the contents of each report, determination of the data that will be included in each report, methodological and analytical strategies that will be used to analyze data for the report, and identification of strategies to disseminate reports. Objective 4: Benchmarking. ASU will collaborate with MCSO to analyze various benchmarks to be used when analyzing the traffic stop data. 3 Objective 5: Review Traffic Stop Data. ASU will collaborate with MCSO to analyze and report on traffic stop data. This will include methods and techniques for managing data, provision of technical assistance for using appropriate statistical techniques, and conducting parallel analyses to audit the quality of data analyses. The end products will include completed monthly, quarterly, and annual reports. The monthly and quarterly reports will include standardized reports as well as reports on special topics. The annual report will be comprised of a number of different chapters that focus on individual, group, and neighborhood level factors. Objective 6: Inferential Analysis of Traffic Stop Data. ASU will conduct complex statistical analyses testing various methods of determining whether racially biased policing is occurring. Analyses may include a veil of darkness analysis, post-stop outcome analysis, and length of stop analyses using situational, driver, and deputy level characteristics to predict certain outcomes. Technical Assistance Process ASU will respond to MSCO inquiries regarding technical assistance within 24 hours of receiving them during the regular M-F work week and within 48 hours for inquiries received on weekends or holidays. ASU research/technical assistance team members will be available (at the request of MSCO) to be onsite at MSCO for up to two days each month in addition to attending monthly and special meetings organized by MSCO. The ASU team will provide MSCO with a quarterly report of technical assistance activity/services provided to MSCO. B. Budget, April 2016 to 2017 MCSO will pay ASU a maximum of $176,820 for FY 2017 of which a maximum of $99,320 will be used for project administration. The remaining sums will be paid at the rate of $125/hour and invoiced monthly. ASU will issue monthly invoices to MCSO for services rendered. The invoice will be accompanied by descriptive information on the nature of services provided as well as the amount of time spent on various tasks. C. Invoicing ASU will submit an invoice to MCSO for Services rendered once every 30 days. The invoice will be accompanied by descriptive information on the nature of Services provided as well as the amount of time spent on various tasks. Payment terms in the proposal are fixed price monthly for Project support and as invoiced monthly for hourly technical assistance provided for that period. Invoices will be sent to: Payment will be made to: Maricopa County Sheriff’s Office Center for Violence Prevention & Community Safety Financial Services Division (4th Floor) 411 N Central Ave., Suite 680 550 W Jackson Street Phoenix, AZ 85004 Phoenix, AZ 85003 4