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Home My WebLink AboutAgreements/Contracts - Sheriff & Jailwa�Q P- - Crn� K22-254 SECOND AMENDMENT TO AGREEMENT FOR PROVISION OF LAW ENFORCEMENT SERVICES BETWEEN DESERT AIRF OWNERS ASSOCIATION AND GRANT COUNTY is Introduction, This Second Amendment to Agreement for Provision of Law Enforcement Services between Desert Aire Owners Association and Grant County is made and entered into on this 19th day of December, 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 Sheriffs 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 The Sheriffs Office has communicated to Desert Aire that it is experiencing staffing problems and has requested that Grant County be relieved of its contract obligations under the Agreement prior to the original expiration date of the Agreement. 2.3 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"). 2.4 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. 2.5 The parties entered into an Amendment to the Agreement in October of 2022 to address the shortfall in law enforcement service hours and provide for the earlier termination of the Agreement on January 31, 2023 ("First Amendment"). 2nd AMENDMENT TO LAW ENFORCEMENT SERVICES AGREEMENT - PAGE 1 OF 5 2.6 From October 1, 2022 through December 10, 2022 ("recent period"), the Sheriff s Office was unable to devote the personnel necessary to make up the shortfall of service hours at no additional cost to Desert Aire, and Grant County and the Sheriffs Office still owe Desert Aire 549 law enforcement services hours. 2.7 As of December 10, 2022, the total service hours shortfall was 549 service hours ("current service hours shortfall") for which Desert Aire previously paid Grant County the approximate sum of $28,500.00 ("shortfall reimbursement amount") at the hourly rate of $52.11 per service hour. 2.8 The parties desire to further amend the Agreement by ending and terminating the Agreement on December 10, 2022, and, in lieu of the Sheriff s Office performing additional services to make up the current service hours shortfall at no cost to Desert Aire, by Grant County remitting to Desert Aire a payment in the shortfall reimbursement amount on or before December 31, 2022. 2.9 On the terms and conditions set forth herein, the parties desire to amend the Agreement to provide for Grant County's payment of the shortfall reimbursement amount to Desert Aire in order to reimburse Desert Aire for the current service hours shortfall and for the shortening of the term of the Agreement and the termination of the Agreement on December 10, 2022. 346 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 2.9 are hereby incorporated herein by this reference and are hereby agreed to by theparties. 3.2 The Agreement ended and terminated on December 10, 2022, and no further notice of said termination shall be required to be given to or by any party in order to effectuate said termination of the Agreement. The durational term of the Agreement shall be 17 months and 10 days, beginning on July 1, 2021 and ending on December 10, 2022 ("new durational term" ). 3.3 Desert Aire has paid Grant County for all law enforcement service hours actually furnished by the Sheriffs Office over the new durational term. In addition, Desert Aire has already paid Grant County for additional law 2nd AMENDMENT TO LAW ENFORCEMENT SERVICES AGREEMENT - PAGE 2 OF 5 enforcement service hours that were never furnished by the Sheriff s Office over the new durational term of the Agreement. Grant County and the Sheriff's Office still owe Desert Aire 549 hours of law enforcement services. Grant County shall reimburse Desert Aire for the current service hours shortfall by remitting a payment in the amount of $28,500 to Desert Aire by December 31, 2022. Once said payment has been timely made by Grant County to Desert Aire, the parties acknowledge and agree that all disputes between the parties regarding the payment of and the provision of contracted law enforcement service hours over the new durational term of the Agreement and the early termination of the Agreement are fully and finally settled and resolved between the parties. 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, DAOA fully and timely paid to the County full compensation for the contracted law enforcement services which were to be provided by the County, through the Sheriff, over said period ("subject period"). Although full compensation was paid by DAOA 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, DAOA overpaid the County $38,000 for 721 unfurnished service hours ("service overpayment"). Based on the service overpayment, DAOA was contractually owed four (4) months of law enforcement services from the County, through the Sheriff, without compensation or additional fees or charges owed by DAOA as of October 1, 2022. The County, through the Sheriff, furnished 172 law enforcement service hours at no cost to Desert Aire over the period from October 1, 2022 through December 10, 2022 ("recent period"). As of December 10, 2022, the County, through the Sheriff, still owed Desert Aire 549 hours of law enforcement services. In lieu of the County, through the Sheriff, performing additional make up law enforcement service hours, the County shall remit to Desert Aire a 2nd AMENDMENT TO LAW ENFORCEMENT SERVICES AGREEMENT - PAGE 3 OF 5 reimbursement payment in the amount of $28,500 by December 31, 2022, which payment obligation shall survive the termination of the Agreement." 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 seventeen (17) months and ten (10) days, commencing on July 1, 2021 and ending on December 10, 2022, 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 DADA to the County as follows: July 2021 through June 2022: $9,035.36 per month. July 2022 through December 10, 2022: $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 December 10, 2022 and shall not be billed or invoiced for any law enforcement services furnished from and after October 1, 2022." 3.6 Except as amended herein, the Agreement as originally executed shall remain in full force and effect. The terms and provisions of the First Amendment are fully superseded and supplanted by the terms and provisions set forth in this Second Amendment. 2nd AMENDMENT TO LAW ENFORCEMENT SERVICES AGREEMENT - PAGE 4 OF 5 IN WITNESS WHEREOF, the parties have executed this Agreement to be effective on December 10, 2022. Desert Aire Owners Association: Grant County, Washington Board of County Commissioners By:C� aj7n.A� �,64) By:_V'Y P�Ucsg_'�t J a ie Denbo, President Cindy Carter, Commissioner ATTEST: BY.OF-In a -L - .1. kLZ'.-LM* - Caroline Holmes, Secretary By: Danny tone, Commis ner By: Rotjon,teyiiixssioner Attest: Board Clerk 2°' AMENDMENT TO LAW ENFORCEMENT SERVICES AGREEMENT - PAGE 5 OF 5 Payable batches audited and certified by the. auditing officer as required by BCW 42.24.080 and those expense reimbursement c1lialms certified as required by RCW 42.24.090, have been recorded on a listing which has been made available to the Board: Batch ID: CCI12022 As of this date, 07/191*2022 the Beard, .by a majority vote, does approve for payment those payable batches Payable Total: 99,938.03 Reviewed and certified br- Commissioner Commi Chairman of oard of Commissioners. Date: / I/,v /, / --7 2e,0,2!—