AMENDMENT 2 TO AGREEMENT C-50-15-008-3-02.PDF
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Amendment 2 to Agreement for Law Enforcement Services Between the Town of Queen Creek And Maricopa County on behalf of the Sheriff’s Office C-50-15-008-3-02 Amendment Effective Date: July 1, 2016 Contract Term: July 1, 2014 through June 30, 2017 plus up to 5 one-year automatic renewals Amendment 2 to Agreement for Law Enforcement Services Between the Town of Queen Creek and Maricopa County on behalf of the Sheriff’s Office C-50-15-008-3-02 THIS SECOND AMENDMENT TO AGREEMENT FOR LAW ENFORCEMENT SERVICES (this “Second Amendment”) is made and entered into this _____ day of ________________, 2016 by the Town of Queen Creek and Maricopa County Board of Supervisors, Acting on Behalf of the Maricopa County Sheriff’s Office , collectively, “Parties.” RECITALS WHEREAS, Queen Creek has the authority, 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, Queen Creek has neither the trained personnel nor the facilities to provide for Law Enforcement Services, as defined herein, and desires to enter into this Agreement with the County whereby the Sheriff’s Office will furnish Law Enforcement Services to Queen Creek; and WHEREAS, the Town of Queen Creek and Maricopa County Board of Supervisors on behalf of the Maricopa County Sheriff’s Office entered into an Agreement for Law Enforcement Services dated July 1, 2014 (“Original Agreement”); and WHEREAS, the Town of Queen Creek and Maricopa County Board of Supervisors on behalf of the Maricopa County Sheriff’s Office 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 Parties now wish to amend the Original Agreement, as amended, to: 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, as amended. AGREEMENT NOW, THEREFORE, the parties hereto agree as follows: 1. Section I, paragraph C. of the Original Agreement is amended to read: This Agreement shall become effective July 1, 2014 (the “Effective Date”) following approval by the Town Council and the Board. This Agreement shall remain in full force and effect from the Effective Date through June 30, 2017 2020 (the “Initial Term”), unless terminated SOONER pursuant to Section I, Subsection F of this Agreement. 2. In accordance with Section III.A. and Section III.B. of the Original Agreement, increase level of service as follows: A. Add 1 sworn deputy position (1.19 FTE) to staff a School Resource Officer (SRO) position 8 hours a day 5 days a week year around. i) This position is effective September 1, 2016 ii) When school is not in session, this position will function as a Patrol Deputy. iii) Apply corresponding cost increases to Worksheet Exhibit A. Parts 1, 2, 3, 4, and 5. B. Replace Clerical Office Assistant position title with Administrative Assistant to perform higher level functions at the MCSO District VI substation, effective July 1, 2016. C. Replace Worksheet Exhibit A. for FY 2017 issued on February 18, 2016 in accordance with Section III. A. of the Original Agreement with REVISED Worksheet Exhibit A. for FY 2017 attached hereto. 1. One-time costs associated with this increase in service, which include one fully equipped patrol vehicle, are estimated to be $84,852 and will be handled per Section III.C.4. of the Original Agreement. 2. The Revised Worksheet represents the new annualized amount for FY 2017 of $5,815,674 (from $5,645,319). Payment will be in accordance with Section III.C. 2. of the Original agreement. Monthly equal installments are $484,639.5 for FY 2017. a. The SRO position is included in the total contract amount and is scheduled to begin September 1, 2016. A credit of $12,515.66 per month (see list below) will be applied to each month’s billing until the position is filled. Salary and benefits: $11,311.50 Special Pay: 991.79 Supplies and Rent: 97.75 Communications: 114.62 An additional credit of $1,613.92 will be applied monthly until the new vehicle is deployed. b. In the event the SRO position begins earlier or later than September 1, 2016, a pro-rated adjustment will be applied to the next monthly billing. 3. Section III, B.1.b.(i) is replaced in its entirety to read: (i) Hourly Rate: Payroll system (ADP) data used for this calculation will be from the first pay period ending in January of the then current fiscal year. a. The hourly rate for sworn positions will be the actual average hourly salary for the position (title) across the Patrol Districts. b. The hourly rate for civilian positions, will be the actual average hourly salary for the position (title) across the Sheriff’s Office c. Annual hours will be the established number of budgeted hours per full time position by respective fiscal year. 4. The Table of Contents, page 2 of the Original Agreement, is replaced with the document attached hereto as Attachment C. Table of Contents REVISED. 5. Effect of Second Amendment. Except as modified by this Second 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 Second Amendment and the terms and conditions of the Original Agreement, the terms and conditions of this Second Amendment will govern and control the rights and the obligations of the parties. 7. Queen Creek has the authority to enter into this Second Amendment pursuant to A.R.S. §9-498 and §11-951 et seq, and the County has the authority to enter into this Second Amendment pursuant to A.R.S. §§11-951 et seq. [Signature page follows] 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 Clint Hickman Date Mayor Chairman, Board of Supervisors ATTEST: ATTEST: Town Clerk Date Fran McCarroll, Clerk of the Board Date 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. Town Attorney Date Deputy County Attorney Date Agenda: C-50-15-008-3-02 REVISED Worksheet Exhibit A. Town of Queen Creek Maricopa County Sheriff's Office Law Enforcement Reimbursement Costs and Charges FY 2017 (July 1, 2016 through June 30, 2017) Revised BEATS 5.0 Total Contract Cost Operating $5,815,674 One Time $84,852 TOTAL $5,900,526 Part 1. Personnel Services $5,427,197 Annual Hours Budgeted 2088 FY 2017 Hourly FY 2017 Fixed FY 2017 Variable FY 2017 Hourly Benefit Average Benefits Rate Average Base $10,032/Wrkrs Hourly Base Charge (FY Plus Variable Comp and UE Annualized Position FTE Pay 2016 Rates) Benefits $639.22 FY 2017 Patrol Beat Deputies 25.00 $27.98 56.57% $43.81 $10,671.22 $2,553,573 Detectives 3.00 $28.60 56.57% $44.78 $10,671.22 $312,509 Sergeants 6.00 $38.70 56.57% $60.59 $10,671.22 $823,131 Lieutenants 1.00 $46.66 56.57% $73.06 $10,671.22 $163,211 Captain 1.00 $61.52 56.57% $96.32 $10,671.22 $211,791 Community Police Deputy 3.00 $27.98 56.57% $43.81 $10,671.22 $306,429 School Resource Officer 2.19 $27.98 56.57% $43.81 $10,671.22 $223,693 *Crime Analyst 1.00 $25.50 19.21% $30.40 $10,671.22 $74,143 Administrative Assistant. 2.00 $17.17 19.21% $20.47 $10,671.22 $106,818 Dispatch (FTE is a cost equivalent) 4.20 $20.57 19.21% $24.52 $10,671.22 $259,943 Sub Total Salary and Benefits $5,035,241 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 Special Pay (Deputies/Detectives/Sgts.) FTEs Rate Per FTE Cost Includes 56.57% Variable Benefits Overtime 39.19 7,761.71 $ 304,181 Shift Differential 39.19 856.46 $ 33,565 Regular Over Budget 39.19 1,383.25 $ 54,210 $ 391,956 Sub Total Special Pay $ 391,956 Part 2. Supplies and Rent $78,828 Applicable FTE's 44.19 FTE total minus Dispatch Supply Cost 450.34 Per applicable FTE 19,901 Ammunition 637.26 Per Sworn FTE 41.00 26,127 Uniform Allowance 800.00 Per Sworn FTE 41.00 32,800 Sub Total Supplies and Rent $78,828 Part 3. Communications and Information Technology (IT) $108,027 Sworn FTEs 41.00 Vehicles 18 Information System Maintenance; User Support;Verizon Wireless 74,339 Annual Cost 74,339 Per Month per Vehicle and Monthly Radio Charges 32.33 Sworn FTE 22,890 MDC Charges 49.99 Per Vehicle per month 10,798 Sub Total Communications and IT $108,027 Part 4. Vehicles and Equipment $201,623 Vehicle Cost with Warranty $ 40,797 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 $0.360 281,085 $101,275 101,275 Vehicle Depreciation $0.326 281,085 $91,634 91,634 Equipment Depreciation $0.031 281,085 $8,714 8,714 Sub Total Vehicles and Equipment $201,623 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.) $84,852 Category Unit Cost Units Amount Note: All one-time costs are estimates Vehicles Vehicle--Patrol SUV 34,378 1 34,378 Mobile Data Computers 10,000 1 10,000 Mobile Radio Units 7,000 2 14,000 Radio Unit Programming Charges 45 2 90 Make Ready plus Lighting/Siren/Etc. 10,300 1 10,300 68,768 Computing Equipment Electonic Ticketing Equipment--New and existing equipment 1,000 1 1,000 Software Licensing costs not included because they Desktop w/Monitor 1,650 1 1,650 will be built into future Supplies Charges 2,650 Personal Communications Motorola Radio 6,780 1 6,780 Programming Charge 45 1 45 Smart Phone 316 1 316 7,141 Office Issue Officer Safety Taser w/camera and holster/Warranty All Inclusive 2,064 1 2,064 Body Camera 1,209 1 1,209 Patrol Rifle w/case and optics 1,700 1 1,700 Patrol Service Pistol 750 1 750 Bullet Proof Vest 570 1 570 6,293 REVISED TABLE OF CONTENTS SECTION Page I. General Provisions 3 A. Definitions 3 B. Legal Notices 4 C. Term of the Agreement 5 D. Automatic Renewal 5 E. Amendments 5 F. Termination 6 G. Insurance 6 H. Indemnification 7 I. Record Keeping and Audits 7 J. Construction of Agreement 8 II. Services 9 A. Service Provision 9 B. Establishment of Service Priorities 9 C. Maintenance of Sheriff’s Substation 10 D. Community-Based Policing 10 E. Chain of Command and Responsibility for Performance Standards 10 F. Reports and Information 11 III. Reimbursement Costs and Charges 11 A. Reimbursement for Law Enforcement Services 11 B. Explanation of Charges 12 C. Payment 15 D. Cost of Incarceration 15 IV. Authorization and Signature 16 Exhibit A Worksheet - Cost Detail Exhibit B. Report Format