2. QC AMENDMENT 2 TO TERMINATE.PDF

Maricopa County — Formal (2021-11-17)

View PDF Item 19 Meeting page

Extracted text (via pymupdf) 15972 characters
1 
 
      
 
 
 
 
 
 
 
AMENDMENT #2 
 
AGREEMENT FOR LAW ENFORCEMENT SERVICES 
 
BETWEEN THE TOWN OF 
 
QUEEN CREEK 
 
AND 
 
MARICOPA COUNTY 
 
ON BEHALF OF THE SHERIFF’S OFFICE 
 
Concerning Termination 
 
C-50-19-080-3-02

2 
 
Amendment #2 to Agreement for Law Enforcement Services 
between Town of Queen Creek 
and Maricopa County 
on behalf of the Sheriff’s Office Concerning Termination 
C-50-19-080-3-02 
 
This AMENDMENT #2 TO INTERGOVERNMENTAL AGREEMENT FOR LAW 
ENFORCEMENT SERVICES (“Amendment”) 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”), the Parties, is 
effective upon signature of the parties. 
 
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 the MCSO provides contracted Law Enforcement Service to the Town under the 
“Agreement for Law Enforcement Services” (C-50-19-080-3-00) executed on June 24, 2019, and its 
Amendment #1 (C-50-19-080-3-01), executed and July 17, 2019 
 
WHEREAS the Town is establishing its own law enforcement agency and initially issued written 
notice to the Maricopa County Sheriff dated June 22, 2020, concerning termination of the Agreement to be 
effective January 2, 2020, and requested in a letter to the Maricopa County Sheriff dated August 31, 2021, 
an extension of the termination date to January 11, 2022, and  
 
WHEREAS the Parties mutually desire a seamless transfer of public safety responsibility including 
the transfer of certain vehicles and equipment, the Parties enter into this amendment to the Agreement. 
 
AGREEMENT 
 
 
MCSO will provide contracted Law Enforcement Service through January 11, 2022, at 12:00 A.M., 
at which time management and leadership of the Town’s public safety and law enforcement will transfer to 
the Town’s Police Department.  
 
1. Substation 
MCSO’s District VI patrol shift operations will re-locate from sub-station space owned by the 
Town to designated sub-station space owned by the County not later than December 1, 2021. 
 
A component of MCSO District VI employees, primarily command staff and administrative 
support, will remain at the current Town substation with their equipment until 12:00 A.M. on 
January 11, 2022.   
 
Other MCSO District VI employees will also work intermittently from the Town substation as 
needed through the last shift on January 10, 2022 (ending at 12:00 A.M. the morning of January 
11, 2022). 
 
MCSO technology and other MCSO and County service personnel will be on site at the Town sub-
station as needed to dismantle and relocate various County equipment and systems as applicable.  
Parties will cooperate and communicate to complete the transition in a good and timely manner.

3 
 
2. Law Enforcement Calls for Service 
The Town’s communications service will transfer to City of Mesa at 12:00 A.M. (Tuesday 
morning) January 11, 2022. 
 
MCSO will provide to the Town’s new police department premise history information and 
applicable crime data through the last shift of Enforcement Service on January 10, 2022 (ending at 
12:00 A.M. the morning of January 11, 2022). 
 
The Parties agree to cooperate to facilitate a smooth transfer of calls for service with no interruption 
of public safety. 
 
Respective Parties will be responsible for official communications to respective agencies. 
 
3. Law Enforcement Cases  
MCSO Command, through its District VI Commander, and Chief of the Queen Creek Police 
Department will discuss and agree on case handling and related property and evidence matters.   
The parties agree that MCSO will be responsible for cases opened through 12:00 A.M. the morning 
of January 11, 2022.   
 
4. Technology and Infrastructure 
MCSO Technology and Infrastructure items installed at District VI will be removed; 
decommissioned; or otherwise disposed of coincidental with steps in the transition through 
termination of the Agreement.   These include but are not limited to I-Record and the BDA antenna 
with base stations(s).  A complete list will be available upon request by November 15, 2021. 
 
5. Transfers and Credits:    
 
Schedule A.  Vehicles 
The County will transfer 27 vehicles, including two (2) ATVs identified in Schedule A 
attached to this amendment, at a cost of $1 per vehicle to the Town for a cost of $27.    
 
Prior to the transfer, radio units upgraded in the County’s refresh program will be replaced 
with the type and model reimbursed by the Town.  
 
All vehicle radio units will be deprogrammed by the County prior to transfer. 
 
Unless otherwise stated, vehicles will be transferred as is and up to date with preventive 
maintenance.   
 
 
The Town will be responsible for removal of markings and decals. 
 
The Town will be responsible for title transfer transaction fees.  The titles will be available 
for pick up at Maricopa County Equipment Services as specific vehicle transfers take place.    
 
MCSO will operate and manage its fleet to allow for a smooth and timely transfer of 
vehicles to the Town. 
 
 
Schedule B.  Sworn Radios     
MCSO will credit the Town a total amount $35,403 for 21 radio units identified as having 
been reimbursed by the Town to be retained by the MCSO.  This is a depreciated value.   
A list of these items is provided in Schedule B attached to this amendment.

4 
 
Schedule C.  Non-Capital Miscellaneous items    
MCSO will transfer non-Capital miscellaneous items reimbursed by town with no credit 
value as listed in Schedule C attached to this amendment. 
 
Schedule D. Non-Capital Employee Specific/Employee-Assigned Devices and 
Equipment 
The MCSO will Credit the Town $22,273 for the items identified in Schedule D attached 
to this Amendment that will remain with the MCSO. 
 
6. MCSO and County Issued items  
Sworn personnel items issued to MCSO employees that are not on Schedules A, B, C, or D will 
remain with MCSO.  Examples include but are not limited to body worn cameras, tasers, charging 
stations, weapons, laptops, radios, base stations, night vision goggles, and I-phones.   
 
7. Data, Information and Software Programs: 
All devices used by MCSO that remain with the Town will be cleared of data, files, and programs 
by MCSO Technology.  
 
8. Billing and Payment Schedule: 
The MCSO will not issue its monthly bill for service at the beginning of December or January.   
Regularly established monthly billing and payment will end with the November invoice. 
 
MCSO will issue a final bill to the Town not later than January 31, 2022, that will include the 
following: 
 
a) Law Enforcement Service for the month of December billed at the normal rate of 1/12 
($671,534.94) the annualized cost for service ($8,058,419.26) per Worksheet Exhibit 
A, issued February 2021 (Attached).  
 
b) Law Enforcement Service for ten (10) days in the month of January billed at a rate of 
$22,077.86 each (1/365 of the annualized cost for service $8,058,419.26) for a total 
amount of $220,778.61. 
 
c) The normal quarterly credit for positions that are vacant longer than three (3) 
consecutive months through payroll period ending December 19, 2021. 
 
d) The cost and credits referenced for various items in Sections 5. of this Amendment. 
 
 
The Town will pay the invoice within 30 days of receipt.    
 
9. Non-Material Changes/Corrections to Schedules A, B, C, and D 
Non-material corrections and changes (less than $10,000 in value) relating to the transfer Schedules 
A, B, C, and D or to section 4, above, that occur between the effective date of this amendment and 
termination of the contract will require written communication between the parties for 
consideration in the final invoice, if applicable.   
 
10. Amendments 
This is the complete understanding between the parties concerning termination of the Agreement.  
Except for section 9, above, mutual written consent of authorized representatives for all Parties and 
Board approval is required for material changes, such as the termination date.

5 
 
 
 
11. Counterparts 
This Amendment may be executed in two or more counterparts, each of which shall be deemed an 
original but all of which together shall constitute one and the same instrument.   E-signed, Faxed, 
copied, and scanned signatures are acceptable signatures. 
 
12. 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. 
 
 
 
TOWN of QUEEN CREEK 
MARICOPA COUNTY,   
an Arizona Municipal Corporation 
A political subdivision of the State of Arizona 
 
 
 
 
 
BY: 
 
BY: 
 
Mayor 
Date 
 
Jack Sellers 
 
Date 
 
 
 
Chairman, Board of Supervisors  
 
 
 
 
ATTEST: 
ATTEST: 
 
 
 
 
 
 
Town Clerk 
Date 
Juanita Garza, Clerk of the Board 
 Date 
 
 
MARICOPA COUNTY SHERIFF’S OFFICE 
 
 
 
 
 
BY: 
 
 
 
        Paul Penzone, 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. 
 
 
 
 
 
 
Town Attorney 
Date 
Deputy County Attorney    
     Date

6 
 
 
Schedule A. 
 
Vehicle List 
 
 
 
 
 
Description
Acquisition 
Date
VEH VIN or SN
1 1/2 TON CREW CAB 4X2 PICKUP
04/15/2020
1FTEW1C41LKD91628
2 MEDIUM SIZE CROSS OVER  SUV  AWD
04/16/2019
2GNAXSEVXK6246197
3 2014  CHEVROLET TAHOE
01/13/2014
1GNLC2E01ER198235
4 FULL SIZE BODY ON FRAME SUV  4X2 PPV MARKED
12/23/2014
1GNLC2EC0FR543007
5 2014 CHEVROLET TAHOE
11/07/2013
1GNLC2E03ER176382
6 2015 FORD EXPEDITION
02/23/2015
1FMJU1GT0FEF19278
7 2016 FORD EXPEDITION
02/24/2016
1FMJU1GT5GEF26650
8 2016 FORD EXPEDITION
03/21/2016
1FMJU1GT0GEF26670
9 2016 FORD EXPEDITION
03/25/2016
1FMJU1GT4GEF26655
10 EXPEDITION 4X4 DET SUV
02/17/2015
1FMJU1GTXFEF24116
11 EXPEDITION 4X4 DET SUV
02/17/2015
1FMJU1GT1FEF24117
12 EXPEDITION 4X4 DET SUV
03/17/2015
1FMJU1GT3FEF24118
13 EXPEDITION 4X4 PATROL SUV
02/23/2015
1FMJU1GT5FEF19275
14 EXPEDITION 4X4 PATROL SUV
02/23/2015
1FMJU1GT7FEF192756
15 EXPEDITION 4X4 PATROL SUV
03/03/2015
1FMJU1GT9FEF19277
16 FULL SIZE  BODY ON FRAME  SUV  4X4  SSV  
03/12/2020
1GNSKFEC4LR274219
17 FULL SIZE  BODY ON FRAME  SUV 4X4  SSV MARKED
03/10/2020
1GNSKFECXLR274709
18 FULL SIZE BODY ON FRAME SUV  4X2 PPV MARKED
03/21/2018
1GNLCDEC2JR262878
19 FULL SIZE SPORTS UTILITY
02/24/2014
1FMJU1G54EEF24015
20 FULL SIZE SUV
04/05/2016
1FMJU1GT8GEF26660
21 FULL SIZE SUV
05/23/2017
1FMJU1GT6HEA63886
22 FULL SIZE UTILITY VEHICLE
02/12/2014
1FMJU1G58EEF24020
23 SPORTS UTILITY FULL SIZE
01/21/2014
1FMJU1G53EEF15046
24 FULL SIZE BODY ON FRAME SUV  4X2 PPV MARKED
10/30/2013
1GNLC2E02ER193397
25 TAHOE PPV PATROL
11/12/2013
1GNLC2E09ER193414
26 SPRORTSMAN 850  ATV 4 x 4
02/23/2015
4XASXA85XFA205412
27 SPRORTSMAN 850  ATV 4 x 4
03/03/2015
4XASXA855FA209805

7 
 
Schedule B 
Other Asset Transfers 
 
 
Radios Retained by MCSO 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
          Credit:  $35,403 
 
 
FA No
Comp 
Value
Description
Acquisition 
Date
Serial No
Model No
Proposed 
Credit to 
Town
1
F1500410
6671.91 APX7000 PORTABLE RADIO
04/10/2015 655CRF1754
APX7000
2,669
        
2
F1500411
6671.92 APX7000 PORTABLE RADIO
04/10/2015 655CRF1755
APX7000
2,669
        
3
F1500412
6671.92 APX7000 PORTABLE RADIO
04/10/2015 655CRF1756
APX7000
2,669
        
4
F1500413
6671.92 APX7000 PORTABLE RADIO
04/10/2015 655CRF1757
APX7000
2,669
        
5
F1500414
6671.92 APX7000 PORTABLE RADIO
04/10/2015 655CRF1758
APX7000
2,669
        
6
F1500415
6671.92 APX7000 PORTABLE RADIO
04/10/2015 655CRF1759
APX7000
2,669
        
7
F1500416
6671.92 APX7000 PORTABLE RADIO
04/10/2015 655CRF1760
APX7000
2,669
        
8
F1500417
6671.92 APX7000 PORTABLE RADIO
04/10/2015 655CRF1761
APX7000
2,669
        
9
F1500418
6671.92 APX7000 PORTABLE RADIO
04/10/2015 655CRF1762
APX7000
2,669
        
10
F1700605
6759.26 APX7000 PORTABLE RADIO
04/20/2017 655CSX0102
APX7000
3,380
        
11
F1201180
6456.79 RADIO PORTABLE APX7000
05/08/2012 655CNF1503
H97TGDP9PW1AN
646
            
12
F1201349
6456.79 RADIO PORTABLE APX7000
05/08/2012 655CNH1914
H97TGDP9PW1AN
646
            
13
F1201391
6456.79 RADIO PORTABLE APX7000
05/08/2012 655CNH2546
H97TGDP9PW1AN
646
            
14
F1400779
6243.58 RADIO, PORTABLE, APX7000
02/06/2014 655CQB0981
H97TGD9PW1AN
1,873
        
15
F1300728
6464.22 RADIO,PORTABLE, APX7000
10/11/2012 656CNR5743
H97TGD9PW1AN
646
            
16
F1300738
6464.22 RADIO,PORTABLE, APX7000
10/11/2012 656CNR5753
H97TGD9PW1AN
646
            
17
F1300749
6464.22 RADIO,PORTABLE, APX7000
10/11/2012 656CNR5764
H97TGD9PW1AN
646
            
18
F1300752
6464.23 RADIO,PORTABLE, APX7000
10/11/2012 656CNR5767
H97TGD9PW1AN
646
            
19
F1300758
6464.23 RADIO,PORTABLE, APX7000
10/11/2012 656CNR5773
H97TGD9PW1AN
646
            
20
F1300768
6464.23 RADIO,PORTABLE, APX7000
10/11/2012 656CNR5783
H97TGD9PW1AN
646
            
21
D71934
3152.48 APX7500 MOBILE RADIO
10/12/2017 656CSX0969
APX7500
315

8 
 
 
Schedule C. 
Other Asset Transfers 
 
 
Non-Capital Miscellaneous Items to Transfer to Town 
 
 
 
 
 
All computer and data processing items must be scrubbed clean by MCSO Technology of programs, files, 
and applications prior to transfer to Town.    
 
 
Quantity
Year 
What
1
2017 Desktop w/Monitor (Dell)
8
2015
7 Desktops w/DVDs/Monitors; 1 
Enhanced Desktop w/2 monitors
2
2006 Computers
11
3
2008 Moving Radar
3
2007 Moving Radar
1
2007 Moving Radar
7
1
2008 Ruggedized Laptop  Computer
6
2008 Ruggedized Laptop  Computers
3
2006 Ruggedized Laptop  Computers
10
1
2020 Laptop/Dock(s); Adapter
2
2015 Laptops and accessories
3
1
2017 Electronic Ticketing Equipment
6
2015 Electronic Ticketing Equipment
7
One-Time Initially Reimbursed by Town Items

9 
 
Schedule D. 
Items to be Retained by MCSO for Credit 
(Originally reimbursed by Town) 
 
 
Non-Capital Employee Specific/ 
Employee-Assigned Devices and Equipment 
 
 
 
 
Where there is no credit, the original value is diminished.   There were no replacement or 
refresh charges assessed to the Town.     
 
 
Quantity
Year 
What
Purchase 
Amount
Proposed 
Credit
1
2020 Taser and Holster
778
          
467
          
1
2020 Body Camera
1,349
       
809
          
1
2017 Taser and Holster and warranty
2,441
       
1,464
       
1
2017 Body Camera
1,213
       
728
          
9
2015
TASERS/Camera/Cartridges/Hol
sters/Warranty/Battery Packs
22,141
     
5,535
       
1
2008 Taser
1,281
       
-
          
6
2008 Taser w/accessories
7,688
       
-
          
3
2006 Tasers
2,625
       
-
          
2
2006 Tasers
1,078
       
-
          
25
1
2020 I-Phones
263
          
210
          
1
2017 I-Phones
358
          
150
          
9
2015 I-Phones
2,403
       
900
          
1
2015 I-Phones
267
          
100
          
12
1
2020 Rifle w/Case and Optics
1,153
       
922
          
1
2020 Pistol
439
          
351
          
1
2017 Rifle w/Case and Optics
1,182
       
709
          
1
2017 Pistol
386
          
232
          
9
2015 Patrol Rifles
6,603
       
3,962
       
9
2015 Service Pistols 
8,715
       
5,229
       
22
1
2020 Body Armor
637
          
382
          
1
2017 Bullet Proof Vest
616
          
123
9
2015 Bullet Proof Vest
5,526
       
-
          
11
22,273