AMENDMENT 3 TO AGREEMENT CORRECT CHARGESV2.PDF
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Amendment 3 to Agreement for Law Enforcement Services Between the Town of Queen Creek And Maricopa County on behalf of the Sheriff’s Office C-50-15-008-3-03 Amendment Effective Retroactive to: July 1, 2017 Amendment 3 to Agreement for Law Enforcement Services Between the Town of Queen Creek and Maricopa County on behalf of the Sheriff’s Office C-50-15-008-3-03 THIS THIRD AMENDMENT TO AGREEMENT FOR LAW ENFORCEMENT SERVICES (this “Third Amendment”) is made and entered into this _____ day of ________________, 2018 by the Town of Queen Creek (“Town”) and Maricopa County (“County”) Acting on behalf of the Maricopa County Sheriff’s Office (“MCSO”) collectively, “Parties.” RECITALS WHEREAS, the Town and the County on behalf of MCSO entered into an Agreement for Law Enforcement Services dated July 1, 2014 (“Original Agreement”); and WHEREAS, the Town and the County on behalf of MCSO entered into a first amendment to the Original Agreement (Amendment 1) dated on or about June 10, 2015, to establish an additional service of Short Term Intermittent Saturation Traffic Enforcement; and WHEREAS, the Town and the County acting on behalf of the MCSO entered into a second amendment to the Original Agreement (Amendment 2) on August 3, 2016 to accomplish the following: a) increase the current level of service by one deputy position b) upgrade the “clerical office assistant” position, c) amend the explanation of charges, d) amend the table of contents and e) extend the term of the Original Agreement. WHEREAS, the MCSO has identified an inconsistency in charges to the Town for an item that is uniformly charged to all Law Enforcement Service Contracts WHEREAS, the Town and the County on behalf of MCSO are obligated to correct this consistency NOW, THEREFORE, the parties hereto agree as follows: 1) The FY 2018 Fixed Benefit charge to contract cities and towns is $11,400 per FTE. The Town was charged $10,671.22 per FTE, resulting in underpayment of $32,204.78. The original Worksheet with a total of $6,086,390.87 and the corrected revised worksheet with a total of $6,118,595.65 are attached hereto for reference. 2) The Town agrees to pay the County the difference of $32,204.78 by October 31, 2018. 3) The FY 2019 Fixed Benefit charge is $11,400 per FTE. The Town was charged $10,671.22 per FTE in the Worksheet Exhibit A provided the Town in February 2018 and is attached hereto for reference. The FY 2019 Worksheet is corrected and revised and is also attached hereto for reference. 4) The corrected and revised FY 2019 Worksheet will be the basis for FY 2019 monthly charges beginning July 1, 2019. 2 5) Effect of Third Amendment. Except as modified by this Third Amendment, and only to the extent so modified, all other terms and conditions of the Original Agreement will remain unmodified and in full force and effect. 6) Conflict or Inconsistency. In the event there is any conflict or inconsistency between the terms and conditions of this Third Amendment and the terms and conditions of the Original Agreement, the terms and conditions of this Third Amendment will govern and control the rights and the obligations of the parties. 7) Queen Creek has the authority to enter into this Third Amendment pursuant to A.R.S. §9-498 and §11-951 et seq, and the County has the authority to enter into this Third Amendment pursuant to A.R.S. §§11-951 et seq. [Signature page follows] 3 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, an Arizona municipal MARICOPA COUNTY, a political subdivision Corporation of the State of Arizona BY: BY: Gail Barney Date Steve Chucri Date Mayor Chairman, Board of Supervisors ATTEST: ATTEST: Town Clerk Date Fran McCarroll, 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 Agenda: C-50-15-008-3-03 4 Amendment 3 Original Worksheet Exhibit A for FY 2018 Worksheet Exhibit A. Final 2/16/2017 Town of Queen Creek Maricopa County Sheriff's Office Law Enforcement Reimbursement Costs and Charges FY2018 (July 1, 2017 through June 30, 2018) BEATS 5.0 Total Contract Cost Operating $6,086,390.87 Part 1. Personnel Services $5,584,466.93 Annual Hours Budgeted 2088 FY 2018 Hourly FY 2018 Variable FY 2018 Hourly Average Benefits Rate Average Base FY 2018 Fixed Hourly Base Charge (FY Plus Variable Benefit (FY Annualized Position FTE Pay 2017 Rates) Benefits 2017 Rates) FY 2018 Patrol Beat Deputies 25.00 $27.88 52.97% $42.65 $10,671.22 $2,493,007.98 Detectives 3.00 $28.02 52.97% $42.86 $10,671.22 $300,502.44 Sergeants 6.00 $38.89 52.97% $59.49 $10,671.22 $809,318.45 Lieutenants 1.00 $47.89 52.97% $73.26 $10,671.22 $163,632.53 Captain 1.00 $59.88 52.97% $91.60 $10,671.22 $201,928.75 Community Police Deputy 3.00 $27.88 52.97% $42.65 $10,671.22 $299,160.96 School Resource Officer 2.19 $27.88 52.97% $42.65 $10,671.22 $218,387.50 *Crime Analyst 1.00 $26.04 19.13% $31.02 $10,671.22 $75,444.01 Administrative Assistant. 2.00 $17.01 19.13% $20.26 $10,671.22 $105,964.96 Dispatch (FTE is a cost equivalent) 5.27 $332,951 Worker's Comp (Fund-Wide Allocation per FTE) 49.46 $387.74 $19,177.62 Unemployment (Fund-Wide Allocation per FTE) 49.46 $21.89 $1,082.68 Sub Total Salary and Benefits $5,020,558.89 Staffing Allocation Factor FTE Staffing Requirements--W/Exceptions* 24 hour / 7 day post 5.00 FTE 0.50 Detectives 1 Beat 8 hour / 7 day post 1.67 FTE 1.00 Sergeant for 9 Deputies 8 hour / 5 day post 1.19 FTE 1.00 Lieutenant for 18 Deputies 1.00 Captain for 30 Deputies 0.14 Clerical for 1 Beat (Deputies/Detectives/Sgts.) FTEs Rate Per FTE Cost Includes 52.97% Variable Benefits Overtime 39.19 12,126.32 $ 475,230 Shift Differential 39.19 956.88 $ 37,500 Regular Over Budget 39.19 1,305.88 $ 51,177 $ 563,908 Sub Total Special Pay $ 563,908.05 Part 2. Supplies and Rent $64,790.74 Applicable FTE's 44.19 FTE total minus Dispatch Supply Cost 461.82 Per applicable FTE 20,407.83 Ammunition 282.51 Per Sworn FTE 41.00 11,582.91 Uniform Allowance 800.00 Per Sworn FTE 41.00 32,800.00 Sub Total Supplies and Rent $64,790.74 5 Amendment 3 Corrected and Revised FY 2018 Worksheet Exhibit A Worksheet Exhibit A. Final Corrected and Revised 14-Jun-18 Maricopa County Sheriff's Office Law Enforcement Reimbursement Costs and Charges FY2018 (July 1, 2017 through June 30, 2018) BEATS 5.0 Total Contract Cost Operating $6,118,595.65 Part 1. Personnel Services $5,616,671.72 Annual Hours Budgeted 2088 FY 2018 Hourly FY 2018 Variable FY 2018 Hourly Average Benefits Rate Average Base FY 2018 Fixed Hourly Base Charge (FY Plus Variable Benefit (FY Annualized Position FTE Pay 2017 Rates) Benefits 2017 Rates) FY 2018 Patrol Beat Deputies 25.00 $27.88 52.97% $42.65 $11,400.00 $2,511,227.48 Detectives 3.00 $28.02 52.97% $42.86 $11,400.00 $302,688.78 Sergeants 6.00 $38.89 52.97% $59.49 $11,400.00 $813,691.13 Lieutenants 1.00 $47.89 52.97% $73.26 $11,400.00 $164,361.31 Captain 1.00 $59.88 52.97% $91.60 $11,400.00 $202,657.53 Community Police Deputy 3.00 $27.88 52.97% $42.65 $11,400.00 $301,347.30 School Resource Officer 2.19 $27.88 52.97% $42.65 $11,400.00 $219,983.53 *Crime Analyst 1.00 $26.04 19.13% $31.02 $11,400.00 $76,172.79 Administrative Assistant. 2.00 $17.01 19.13% $20.26 $11,400.00 $107,422.52 Dispatch (FTE is a cost equivalent) 5.27 $332,951 Worker's Comp (Fund-Wide Allocation per FTE) 49.46 $387.74 $19,177.62 Unemployment (Fund-Wide Allocation per FTE) 49.46 $21.89 $1,082.68 Sub Total Salary and Benefits $5,052,763.68 Staffing Allocation Factor FTE Staffing Requirements--W/Exceptions* 24 hour / 7 day post 5.00 FTE 0.50 Detectives 1 Beat 8 hour / 7 day post 1.67 FTE 1.00 Sergeant for 9 Deputies 8 hour / 5 day post 1.19 FTE 1.00 Lieutenant for 18 Deputies 1.00 Captain for 30 Deputies 0.14 Clerical for 1 Beat (Deputies/Detectives/Sgts.) FTEs Rate Per FTE Cost Includes 52.97% Variable Benefits Overtime 39.19 12,126.32 $ 475,230 Shift Differential 39.19 956.88 $ 37,500 Regular Over Budget 39.19 1,305.88 $ 51,177 $ 563,908 Sub Total Special Pay $ 563,908.05 Part 2. Supplies and Rent $64,790.74 Applicable FTE's 44.19 FTE total minus Dispatch Supply Cost 461.82 Per applicable FTE 20,407.83 Ammunition 282.51 Per Sworn FTE 41.00 11,582.91 Uniform Allowance 800.00 Per Sworn FTE 41.00 32,800.00 Sub Total Supplies and Rent $64,790.74 6 Part 3. Communications and Information Technology (IT) $120,376.85 Sworn FTEs 41.00 Vehicles 18 Information System Service 85,891.37 Annual Cost 85,891.37 Monthly Radio Charges 36.09 Per Month per Vehicle and Sworn FTE 25,551.72 MDC Charges 41.36 Per Vehicle per month 8,933.76 Sub Total Communications and IT $120,376.85 Part 4. Vehicles and Equipment $316,756.35 Vehicle Cost with Warranty $ 37,520 Vehicle life 125,000 miles (combined average) Equipment Costs (Lights; Push Bar; Etc.) $ 10,552 Equipment life 343,750 Annual Crown Vic Patrol Vehicles Per Mile Rate Miles Costs Mileage Rate $0.334 476,426 $159,126.25 159,126.25 Vehicle Depreciation $0.300 476,426 $143,005.63 143,005.63 Equipment Depreciation $0.031 476,426 $14,624.47 14,624.47 Sub Total Vehicles and Equipment $316,756.35 Part 5. One-Time Costs This section is reserved for cost reimbursement of replacement or new equipment items that have been identified as necessary for Law Enforcement Service delivery that are not otherwise funded in the Sheriff's operational budget. (Requires amendment.) Part 6. Indirect Cost Recovery This section is reserved for items identified by Maricopa County that are necessary for full cost recovery. 7 Amendment 3 Original Worksheet Exhibit A for FY 2019 Worksheet Exhibit A. 2/12/2018 Town of Queen Creek Maricopa County Sheriff's Office Law Enforcement Reimbursement Costs and Charges FY2019 (July 1, 2018 through June 30, 2019) BEATS 5.0 Total Contract Cost $6,350,815.11 Part 1. Personnel Services $5,781,915.64 Annual Hours Budgeted 2088 FY 2019 Hourly FY 2019 Variable FY 2019 Hourly Average Benefits Rate Average Base FY 2019 Fixed Hourly Base Charge (FY Plus Variable Benefit (FY Annualized Position FTE Pay 2018 Rates) Benefits 2018 Rates) FY 2019 Patrol Beat Deputies 25.00 $28.05 60.44% $45.00 $10,671.22 $2,615,959.02 Detectives 3.00 $29.24 60.44% $46.91 $10,671.22 $325,874.54 Sergeants 6.00 $38.93 60.44% $62.46 $10,671.22 $846,517.33 Lieutenants 1.00 $49.15 60.44% $78.86 $10,671.22 $175,323.09 Captain 1.00 $60.43 60.44% $96.95 $10,671.22 $213,110.95 Community Police Deputy 3.00 $28.05 60.44% $45.00 $10,671.22 $313,915.08 School Resource Officer 2.19 $28.05 60.44% $45.00 $10,671.22 $229,158.01 *Crime Analyst 1.00 $24.13 19.15% $28.75 $10,671.22 $70,703.09 Clerical/Administrative Assistant 2.00 $16.52 19.15% $19.68 $10,671.22 $103,541.07 Worker's Comp 44.19 $510.85 (Fund-Wide Allocation per FTE) $22,574.46 Unemployment 44.19 $20.40 (Fund-Wide Allocation per FTE) $901.48 Dispatch 4.95 (FTE is a total cost equivalent not to be used in other calculations.) $315,583.70 Sub Total Salary and Benefits $5,233,161.82 Staffing Allocation Factor FTE Staffing Requirements 24 hour / 7 day post 5.00 FTE 5.00 Deputies 1 Beat 8 hour / 7 day post 1.67 FTE 0.50 Detectives 1 Beat 8 hour / 5 day post 1.19 FTE 1.00 Sergeant for 9 Deputies 1.00 Lieutenant for 18 Deputies 1.00 Captain for 30 Deputies 0.14 Clerical for 1 Beat Special Pay (Deputies/Detectives/Sgts.) FTEs Rate Per FTE Cost Includes 60.44% Variable Benefits Overtime 39.19 11,545.87 $ 452,482.65 Shift Differential 39.19 1,078.52 $ 42,267.36 Regular Over Budget 39.19 1,378.00 $ 54,003.82 $ 548,753.82 Sub Total Special Pay $ 548,753.82 Part 2. Supplies and Rent $53,283.60 Applicable FTE's 44.19 FTE total minus Dispatch Supply Cost 454.47 Per applicable FTE 20,083.03 Ammunition 9.77 Per Sworn FTE 41.00 400.57 Uniform Allowance 800.00 Per Sworn FTE 41.00 32,800.00 Sub Total Supplies and Rent $53,283.60 8 Part 3. Communications and Information Technology (IT) $228,345.02 Sworn FTEs 41.00 Information System Service 166,755.74 Annual Cost 166,755.74 I-Phone Monthly Charges 51.79 Per month 18 Units 11,186.64 Monthly Radio Charges Vehicles 43.22 Per Month (2) per Vehicle Vehicles 19 $19,708.32 Monthly Radio Charges Sworn 43.22 Per Month per Sworn FTE $21,264.24 MDC Charges 41.36 Per Vehicle per month Vehicles 19 $9,430.08 Sub Total Communications and IT $228,345.02 Part 4. Vehicles and Equipment $287,270.85 Vehicle Cost with Warranty $ 37,520 Vehicle life 125,000 miles (combined average) Equipment Costs (Lights; Push Bar; Etc.) $ 12,577 Equipment life 343,750 Annual Crown Vic Patrol Vehicles Per Mile Rate Miles Costs Mileage Rate $0.328 432,148 $141,744.54 141,744.54 Vehicle Depreciation $0.300 432,148 $129,715.03 129,715.03 Equipment Depreciation $0.037 432,148 $15,811.27 15,811.27 Sub Total Vehicles and Equipment $287,270.85 Part 5. One-Time Costs This section is reserved for cost reimbursement of replacement or new equipment items that have been identified as necessary for Law Enforcement Service delivery that are not otherwise funded in the Sheriff's operational budget. (Requires amendment.) Part 6. Indirect Cost Recovery This section is reserved for items identified by Maricopa County that are necessary for full cost recovery. 9 Amendment 3 Corrected and Revised FY 2019 Worksheet Exhibit A. Worksheet Exhibit A. Corrected and Revised 6/14/2018 Town of Queen Creek Maricopa County Sheriff's Office Law Enforcement Reimbursement Costs and Charges FY2019 (July 1, 2018 through June 30, 2019) BEATS 5.0 Total Contract Cost $6,383,019.90 Part 1. Personnel Services $5,814,120.43 Annual Hours Budgeted 2088 FY 2019 Hourly FY 2019 Variable FY 2019 Hourly FY 2019 Fixed Average Benefits Rate Average Base Benefit (FY Hourly Base Charge (FY Plus Variable 2018 Rates) Annualized Position FTE Pay 2018 Rates) Benefits Corrected. FY 2019 Patrol Beat Deputies 25.00 $28.05 60.44% $45.00 $11,400.00 $2,634,178.52 Detectives 3.00 $29.24 60.44% $46.91 $11,400.00 $328,060.88 Sergeants 6.00 $38.93 60.44% $62.46 $11,400.00 $850,890.01 Lieutenants 1.00 $49.15 60.44% $78.86 $11,400.00 $176,051.87 Captain 1.00 $60.43 60.44% $96.95 $11,400.00 $213,839.73 Community Police Deputy 3.00 $28.05 60.44% $45.00 $11,400.00 $316,101.42 School Resource Officer 2.19 $28.05 60.44% $45.00 $11,400.00 $230,754.04 *Crime Analyst 1.00 $24.13 19.15% $28.75 $11,400.00 $71,431.87 Clerical/Administrative Assistant 2.00 $16.52 19.15% $19.68 $11,400.00 $104,998.63 Worker's Comp 44.19 $510.85 (Fund-Wide Allocation per FTE) $22,574.46 Unemployment 44.19 $20.40 (Fund-Wide Allocation per FTE) $901.48 Dispatch 4.95 (FTE is a total cost equivalent not to be used in other calculations.) $315,583.70 Sub Total Salary and Benefits $5,265,366.61 Staffing Allocation Factor FTE Staffing Requirements 24 hour / 7 day post 5.00 FTE 5.00 Deputies 1 Beat 8 hour / 7 day post 1.67 FTE 0.50 Detectives 1 Beat 8 hour / 5 day post 1.19 FTE 1.00 Sergeant for 9 Deputies 1.00 Lieutenant for 18 Deputies 1.00 Captain for 30 Deputies 0.14 Clerical for 1 Beat Special Pay (Deputies/Detectives/Sgts.) FTEs Rate Per FTE Cost Includes 60.44% Variable Benefits Overtime 39.19 11,545.87 $ 452,482.65 Shift Differential 39.19 1,078.52 $ 42,267.36 Regular Over Budget 39.19 1,378.00 $ 54,003.82 $ 548,753.82 Sub Total Special Pay $ 548,753.82 Part 2. Supplies and Rent $53,283.60 Applicable FTE's 44.19 FTE total minus Dispatch Supply Cost 454.47 Per applicable FTE 20,083.03 Ammunition 9.77 Per Sworn FTE 41.00 400.57 Uniform Allowance 800.00 Per Sworn FTE 41.00 32,800.00 Sub Total Supplies and Rent $53,283.60 10 Part 3. Communications and Information Technology (IT) $228,345.02 Sworn FTEs 41.00 Information System Service 166,755.74 Annual Cost 166,755.74 I-Phone Monthly Charges 51.79 Per month 18 Units 11,186.64 Monthly Radio Charges Vehicles 43.22 Per Month (2) per Vehicle Vehicles 19 $19,708.32 Monthly Radio Charges Sworn 43.22 Per Month per Sworn FTE $21,264.24 MDC Charges 41.36 Per Vehicle per month Vehicles 19 $9,430.08 Sub Total Communications and IT $228,345.02 Part 4. Vehicles and Equipment $287,270.85 Vehicle Cost with Warranty $ 37,520 Vehicle life 125,000 miles (combined average) Equipment Costs (Lights; Push Bar; Etc.) $ 12,577 Equipment life 343,750 Annual Crown Vic Patrol Vehicles Per Mile Rate Miles Costs Mileage Rate $0.328 432,148 $141,744.54 141,744.54 Vehicle Depreciation $0.300 432,148 $129,715.03 129,715.03 Equipment Depreciation $0.037 432,148 $15,811.27 15,811.27 Sub Total Vehicles and Equipment $287,270.85 Part 5. One-Time Costs This section is reserved for cost reimbursement of replacement or new equipment items that have been identified as necessary for Law Enforcement Service delivery that are not otherwise funded in the Sheriff's operational budget. (Requires amendment.) Part 6. Indirect Cost Recovery This section is reserved for items identified by Maricopa County that are necessary for full cost recovery. 11