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AMENDMENT TO AGREEMENT. FOR PROVISION OF LAW
ENFORCEMENT SERVICES BETWEEN DESERT AIRF OWNERS
ASSOCIATION AND GRANT COUNTY
1. Introduction.
This Amendment to Agreement for Provision of Law Enforcement Services between
Desert Aire Owners Association and Grant County is made and entered into on this I" day
of October, 2022, by and between Grant County, Washington, a political subdivision of the
state of Washington, by and through the Board of Grant County Commissioners ("BGCC")
and the Grant County Sheriff's Office ("Sheriff's Office"), (collectively "Grant County"),
and Desert Aire Owners Association, a Washington nonprofit corporation ("Desert Aire").
2. Recitals:
2.1 The parties previously executed a 3 -year Agreement for the Provision of Law
Enforcement Services between Desert Aire Owners Association and Grant
County dated June 17, 2021 ("Agreement").
2.2 From July 1, 2021 through September 30, 2022, Desert Aire fully and timely
paid to Grant County full compensation for the contracted law enforcement
services which were to be provided by the Sheriff s Office over said period
( "subject period").
2.3 Although full compensation was paid by Desert Aire over the subject period,
the Sheriffs Office provided less than the mandatory contracted law
enforcement services over the subject period.
2.4 Over the subject period, the Sheriff's Office provided 839 hours of dedicated
law enforcement services instead of the contractually required 1,560 service
hours.
2.5 Consequently, Desert Aire overpaid the County $3 8,000 for 721 unfurnished
dedicated service hours ("service overpayment").
2.6 Based on the service overpayment, Desert Aire is contractually owed the sum
of $38,000.00 or 4 months of law enforcement services from the Sheriffs
Office without additional compensation to be paid by or additional fees or
AMENDMENT TO LAW ENFORCEMENT SERVICES AGREEMENT - PAGE 1 OF 4
charges owed by Desert Aire.
2.7 The Sheriff's Office has communicated to Desert Aire that itis experiencing
staffing problems and has requested that Grant County be relieved of its
contract obligations under the Agreement as soon as practically possible.
2.8 On the terms and conditions set forth herein, the parties desire to amend the
Agreement to provide that the Sheriff's Office shall furnish the contracted law
enforcement services at no cost to Desert Aire from October 1, 2022 through
January 31, 2 02 3 ("remaining contract term") and that the Agreement shall end
and terminate on January 31, 2023.
3. Agreement:
For good and valuable consideration, the parties hereto hereby agree and covenant as
follows:
3.1 The foregoing recital paragraph nos. 2.1 through 2.8 are hereby incorporated
herein by this reference and are hereby agreed to by the parties.
3.2 The Agreement shall end and terminate on January 31, 2023 without further
notice by or to any party.
3.3 Desert Aire has already paid for and the Sheriffs Office shall furnish all
contracted law enforcement services over the remaining contract term ending
on January 31, 2023 and shall not charge or invoice to or receive from Desert
Aire any additional compensation for the provision of contracted law
enforcement services over the remaining contract term ending on January 31,
2023.
3.4 Any and all references to a "three-year fiscal cycle" in the Agreement and
Exhibit "A" thereto are hereby stricken and deleted therefrom.
3.5 The Agreement is hereby amended as follows:
3.5.1 The following sentences are hereby added to Paragraph 2 of the
Agreement entitled "Compensation":
"From July 1, 2021 through September 30, 2022, DADA fully and
timely paid to the County full compensation for the contracted law
AMENDMENT TO LAW ENFORCEMENT SERVICES AGREEMENT - PAGE 2 OF 4
enforcement services which were to be provided by the County, through
the Sheriff, over said period ("subject period"). Although full
compensation was paid by DADA over the subject period, the County,
through the Sheriff, provided less than the mandatory contracted law
enforcement services. Over the subject period, the County, through the
Sheriff, provided 839 hours of the 1,560 contractually required service
hours. Consequently, DADA overpaid the County $38,000 for 721
unfurnished service hours ("service overpayment"). Based on the
service overpayment, DADA is contractually owed four (4) months of
law enforcement services from the County, through the Sheriff, without
additional compensation to be paid by or additional fees or charges
owed by DAOA."
3.5.2 Paragraph 6 of the Agreement entitled "Duration -Term" is hereby
deleted in its entirety and is hereby replaced with the following
provision:
"The term of this Agreement shall be nineteen (19) months,
commencing on July 1, 2021 and ending on January 31, 2023
unless terminated sooner pursuant to any provision of this Agreement."
3.5.3 The 2nd paragraph of Exhibit "A" to the Agreement after and under the
heading "Compensation" is hereby deleted in its entirety and is hereby
replaced with the following provision:
"Compensation: Over the term of this Agreement, monthly
compensation for law enforcement services shall be paid by DAOA to
the County as follows:
July 2021 through December 2021: $8,858.20 per month
January 2022 through June 2022: $9,035.36 per month.
July 2022 through January 2023: $9,216.07 per month***
* * * DAOA has already paid to County all compensation due and
owing for law enforcement services to be furnished under this
Agreement from October 1, 2022 through January 31, 2023 and shall
not be billed or invoiced for any law enforcement services furnished
from and after October 1, 2022."
AMENDMENT TO LAW ENFORCEMENT SERVICES AGREEMENT - PAGE 3 OF 4
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