Loading...
HomeMy WebLinkAboutAgreements/Contracts - Sheriff & JailMutual Aid Agreement K21-113 Between Grant County Health District and Grant County Sheriffs Office This Agreement is made on this '2day of of 2021, and is effective from January 21,, 2021, by and between Grant County Health District, hereinaft refer ed to as "District" and Grant County Sheriff's Office, hereinafter referred to as "GCSO'-, and hereinafter collectively referred to as the "Parties". Whereas, the District has entered into a contract with the Washington Department of Health (DOH) to coordinate mass vaccination activities, Whereas GCSO through this Agreement, wishes to participate and cooperate with the District to carry out the District's Mass Vaccination Plan as provided under the District's contract with DOH., Whereas, it is necessary to ensure adequate resources are available to support and respond to the COVID-19 Pandemic in Grant County, Whereas, the Parties recognize that public health emergencies transcend political jurisdictional boundaries, and that intergovernmental coordination is essential for the protection of lives and for the best use of available assets., Whereas,. the Parties wish to provide for mutual assistance among the Parties in the prevention of., response to, mitigation of and recovery from a public health incident, Whereas, the Parties wish to make personnel mutually available for the implementation of this Agreement., AND Whereas, it is necessary and desirable to enter an agreement for the interchange of such mutual aid: NOW, THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the parties agree as follows: AGREEMENT: I. GCSO shall provide personnel skilled and trained in incident management to act on behalf of the District during the COVID Emergency Measures Response for events the District schedules to carry out the District's Mass Vaccination Plan (Event). 2. The District shall inform GCSO 14 days in advance of scheduled Events under this Agreement, when possible to do so. 3. For each such Event,. GCSO shall provide one Command Vehicle, one GCSO staff to function as Incident Commander, and if in GCSO's discretion the Event requires Traffic Control, enough personnel to adequately provide Traffic Control for the Event as determined by GCSO. 4. District shall reimburse GCSO for personnel costs incurred, at the usual hourly and overtime rates with benefits, but not to include indirect/overhead costs of GCSO staff upon receipt of a written invoice. 5. District shall reimburse GCSO for staff time spent at Incident Management Team (IMT) coordinated mass COVID vaccination events upon receipt of a written invoice. I 6. District shall reimburse GCSO for staff mileage incurred at the current Federal IRS rate upon receipt of a written invoice. 7. GCSO will be reimbursed for the use of their Mobile Command Post at a rate of $850.00 per day and also mileage at a rate of $3.30, per incident management fee schedule command post rates. 8. Indirect rates are not applicable to these funds. 9. GCSO shall submit an invoice to GCHD documenting the hours, times of services and hourly rate charged as well as necessary back up documentation, such as completed timesheets. 10. It is hereby understood, unless otherwise required by law or other agreement of the Parties, that all services and/or resources provided under the terms of this Agreement are furnished and/or supplies voluntarily and at the discretion of the furnishing agency. The furnishing agency shall have the primary interest of protecting the welfare of its own constituency and does not assume any responsibilities or liabilities for not providing resources and/or services to the other parties to this Agreement. 11. This Agreement constitutes the complete agreement among the parties hereto with respect to the subject matter herein and supersedes all prior agreements, contracts, and understandings, written or oral only as to the subject matter herein. It is hereby understood that the agreements entered into hereunder shall not supplant existing mutual aid agreements nor deny the right of any party hereto to negotiate supplemental mutual aid agreements. The Parties may mutually amend this Agreement. Such amendments shall not be binding unless they are in writing and signed by personnel authorize to bind parties, 12. Mutual aid extended pursuant to this Agreement shall be furnished in accordance with the provisions of Chapter 38-52 Revised Code of Washington, as well as other provisions of law. 13. This Agreement shall be retroactively effective for eligible activities from January 21, 2021 through July 21, 2021. 14. Any party to the Agreement may withdraw after 10 days advanced written notification to the other parties to this Agreement. 15. District shall indemnify and hold GCSO and its agents, employees, and/or Officers/ harmless from and shall process and defend at its own expense any and all claims, demands, suits, at law or equity, actions, penalties, losses, damages,.or costs, of whatsoever kind of nature, brought against GCSO arising out of, in connection with, or incident to the execution of this Agreement and/or the District's performance or failure to perform and aspect of this Agreement: provided, however, that if such claims are caused by or resulted from the concurrent negligence of the GCSO., it agents., employees, and/or Officers, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the District: and provided further, that nothing herein shall require the District to hold harmless or defend GCSO, its agents, employees, and/or Officers from any claims arising from the sole negligence of the GCSO, its agents, employees, and/or Officers. No liability shall attach to the GCSO by reason of entering into this Agreement, except as expressly provided herein. 16. The services provided under this agreement are those of an independent contractor. All the employees of the GCSO providing services to this Agreement shall at all times remain employees of the GCSO. Employees of the GCSO providing services pursuant to this Agreement shall not be entitled to benefits or payments from the District, except as expressly provided for herein. 17. Backfill will be paid to GCSO to fill vacant position created by the IMT assignment, 18. The recommendations are based on what compliance related information should be communicated, and this is in no way to be interpreted as legal advice. 19. The participant, by signature to this award, certifies that they the participant are not presently debarred, suspended, proposed for debarment, declared ineligible., orvoluntarily excluded in any State or Federal agency from participating in transactions. The participant shall immediately notify the District if, during the term of this award, the participant becomes debarred. 20. If any term, provision, covenant, or condition of this Agreement should be held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of this Agreement shall continue in full force and effect and shall in no way be affected, impaired or invalidated thereby, 21, Neither party to this Agreement shall be permitted to assign its rights or obligations herein without the advance and express written consent of the other party. 22. No new or separate legal or administrative entity is created to administer the provisions of this Agreement. 23. This Agreement shall be governed by and interpreted according to the laws of the state of Washington. In the event of any suit or action or other legal proceeding to enforce this Agreement, venue shall be a court of cornpetentj"urisdictilon in Grant County, Washington. 24. In the event of any breach of this Agreement, the party responsible for the breach agrees to pay reasonable attorney's fees and costs, including costs of preparing and serving notices,, incurred by the other party, The prevailing party in any suit *1 . nstituted arising out of this Agreement shall be entitled to receive reasonable attorneys fees and costs incurred in such suit t or proceedings. 25. Each of the undersigned hereby represent and warrants to the other party that they have the authority to execute and carry out the terms of this Agreement,, THE PARTIES HAVE executed this Agreement to be effective retroactively from January 21, 2021, Signed this day of 2021 by the representatives of each party acting with full authority. GRANT COUNTY HEALTH DISTRICT I eresa Adkinson, Administrator G C0 NTY B RD 0 OMMISSIONERS Cindy Carer, Chair Danny h 'r - Rob ion4"tMber Tom Jones, Sheriff Civil Deputy Prosecuting Attorney