HomeMy WebLinkAboutRes 2003-06L
RESOLUTION NO.2003-06
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS,ARIZONA,APPROVING THE THIRD
AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT WITH
MARICOPA COUNTY FOR LAW ENFORCEMENT SERVICES.
WHEREAS,theTownof Fountain Hills(the "Town")and Maricopa County(the
"County")entered intothatcertain Agreement forLaw Enforcement Services (the"Initial
Agreement"),executed July30,2002and recorded on August 13,2002atNo.2002-0824107,
Records of Maricopa County,Arizona.
WHEREAS,the Initial Agreement was amended to reflect a change inthe Term ofthe
Agreement andthe provisions relating to Termination (the "First Amendment").The First
Amendment was executed July 30,2002 and recorded on August 13,2002 atNo.2002-0824108,
Records of Maricopa County,Arizona.
WHEREAS,the Initial Agreement was amended a second time (the "Second
Amendment")to clarify the method by which the County would provide an additional vehicle to
be utilized in Fountain Hills in connection withthe Initial Agreement (theInitial Agreement,the
First Amendment andthe Second Amendment are collectively referred toasthe "Agreement").
WHEREAS,the Town andthe County desire to further amend the Agreement (the
"Third Amendment")to(i)provide for additional terms and conditions relating to amendments
tothe Agreement,(ii)reduce the number of patrol beats from 3.0to 2.66 and(iii)reduce the
amount of compensation under the Agreement forthe period of March 1,2003 through June 30,
2003.
NOW,THEREFORE,BEIT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS,ARIZONA as follows:
Section 1:That the Third Amendment is hereby approved in the form attached hereto as
ExhibitAand incorporated hereinbyreference.
Section 2:That the Mayor,the Town Manager,the Town Clerk andthe Town Attorney
are hereby authorized and directed to take all steps necessary to cause the execution and
recordation of the Third Amendment.
PASSED AND ADOPTED bythe Mayor and Council of the Town of Fountain Hills,
February 20,2003.
FOR THE TOWN OF FOUNTAIN HILLS ATTEST:
Bevelyn J.B
REVIEWED-BY:
Timothy G.Pickering,Tow
9196.004XMCSO IGA-3rd amcnd.res.doc
2-13-03-1
APPROVED AS TO 1 ORM:
A*
Andrew J.McGuire,Town Attorney
,THIRD AMENDMENT TO AGREEMENT BETWEEN
(^THE TOWN OF FOUNTAIN HILLS AND
MARICOPA COUNTY
C-50-02-095-2-03
This Third Amendment to the Agreement between the Town of Fountain Hills and Maricopa
County (this 'Third Amendment")shall become effective upon approval of the Council of the Town of
Fountain Hills,the Maricopa County Board of Supervisors and filing with the Maricopa County Recorder
However,the amount of reimbursement for public safety services,resulting from this Amendment shall be
effective March 1,2003.
RECITALS
A.The Town of Fountain Hills (the 'Town")and Maricopa County (the "County")entered
into that certain Agreement for Law Enforcement Services (the "Initial Agreement"),executed July 30
2002 and recorded on August 13,2002 at No.2002-0824107.Records ofMaricopa County,Arizona.
B.The Initial Agreement was amended to reflect a change in the Term of the Agreement
and the provisions relating to Termination (the "First Amendment").The First Amendment was executed
July 30,2002 and recorded on August 13,2002 at No.2002-0824108,Records of Maricopa County
Arizona.
C.The Initial Agreement was amended asecond time (the "Second Amendment")to clarify
the method by which the County would provide an additional vehicle to be utilized in Fountain Hills in
connection with the Initial Agreement (the Initial Agreement,the First Amendment and the Second
Amendment are collectively referred toasthe "Agreement").
/D-Tne Town and the County desire to further amend the Agreement to (i)provide for
W additional terms and conditions relating to amendments to the Agreement,(ii)reduce the number of patrol
beats from 3.0 to 2.66 and (iii)reduce the amount of reimbursement under the Agreement for the period of
March 1.2003 throughJune 30,2003.
AGREEMENT
NOW.THEREFORE,in consideration of the foregoing and the covenants and conditions set forth
below,theTown and theCountyhereby agree as follows:
Section 4 is hereby deleted in its entirety and replaced with the following:
4.Amendments
This document contains the entire agreement of the parties and cannot be changed orally.
Any changes or modifications of this Agreement mustbeinthe form ofa written
amendment to this Agreement signed by both parties.Amendments resulting in cost
increases or decreases because of changes in service levels shall require a 30-day written
notice prior totheeffectivedate of changes.
Section 10(b)is hereby deleted in its entirety and replaced with the following:
10.Service Provision
(b)Public Safety services provided by the Sheriffs Office under this Agreement shall be
decreased from alevelof3.0 patrol beats to2.66 patrol beats effective March 1.2003,
.subject to the right of the Town Manager or Designee to request additional support(^services or extend service from time to time.Agreement must be reached among the
Town,the Maricopa County Board of Supervisors and the Sheriff concerning additional
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levels of services and the cost thereof prior to the amendment of this Agreement to reflect
additional service provisions.ICU
Section 18 is hereby deleted in its entirety and replaced with the following:
18 Reimbursement for Public Safety Services
The Town agrees to pay the sum of $1,462,406 for all public safety services rendered
during this agreement per attached worksheets.By April 1 of each year of this
Agreement,Maricopa County shall notify the Town of charges for services requested for
the following year Charges shall be prepared in accordance with the formula developed
cooperatively by the Town,the County Office of Management and Budget and the
Sheriffs Office in the 1995 Law Enforcement Agreement Cost Allocation Formula.The
Associated Worksheet attached to this Agreement shall reflect all credits to which theTownisentitledbyvirtueofanyprogramgrants,or other funds paid to Maricopa County
Ir J!,H t S°T,Ck °nubehalf °f thC T°Wn-Sh0U,d Maric°Pa Co^y fail to timelynotifytheTownofthechargeforservicesforanyfiscalyear,the charge shall be the
same asa previous year.
Payment for services for each year of this Agreement will be made in 12 equal
installments on a monthly basis on or before the 10*of each month.The first payment
shall include all monthly payments due from July 1.2001.In cases where an authorized
amendment to this Agreement results in a change to the established monthly rate,a new
rate will become effective with the date of the amendment allowing for payment of equalinstallmentsfortheremainderoftheterm.paymcm or equal
IN WITNESS WHEREOF,the parties have entered into this Agreement as of the last date set forth below:
MARICOPA COUNTY BOARD OF SUPERVISORS TOWN OF FOUNTAIN HILLS
BY:
BY:Chairman.Board of Supervisors Date Mayor
ATTEST:
Date
ATTEST:
Clerk of the Board Date Town Clerk 5^
MARICOPA COUNTY SHERIFF'S OFFICE
BY:
JosephM.Arpaio,SheriffDate
Deputy County Attorney Date Town Attorney Date