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HomeMy WebLinkAboutAgreements/Contracts - Sheriff & JailAGREEMENT FOR THE PROVISION OF LAW ENFORCEMENT SERVICES BETWEENK21-092 DESERT AIRE OWNERS ASSOCIATION AND GRANT COUNTY THIS AGREEMENT Agreement") is made and entered into by and between the following: GRANT COUNTY, WASHINGTON the "County"), a political subdivision of the state of Washington by and through the GRANT` COUNTY SHERIFF'S OFFICE ("Sheriff")., and Desert Air Owners Association ("DAOA"), a Washington nonprofit corporation., operating within all Divisions of the Desert Aire " " developments in Grant County., Washilngton,, commonly known as the Desert Aire Rural Village (DA Area). i 60 WH . EREAS,, DADA operates in the Desert Aire Area., which is within the jurisdiction of Grant County., Washington., :and WHEREAS,, the roadways inside the DA Area are owned by Grant County, with the responsibility for the maintenance' and patrol of all sixty-six public streets and areas adjacent,, and WHEREAS, the DAOA Board of Directors possesses the power and legal authority to -contra' ct for services on behalf of DA0A, most of whose owners -are citizens of Grant County, and I. SEP -VICES The County,, by and through the Sheriff, shall provide the additional law enforcement to DASA described in Exhibit "A," which is attached hereto and incorporated herein by this reference., within the DA Area pursuant to the terms and conditions of this Agreement. The Sheriff shall be responsible for the rendition of law enforcement standards,, standards of performance,, supervision and discipline of off"icers., and other matters incident to the performance and control of Sheriffs personnel regarding provision of services. The law enforcement services contracted for herein are supplemental to and in addition to all general law enforcement services that the Sheriff is required by law to perform within the DA Area and does not relieve the Sheriff from performing those general law enforcement services in the DA Area. All deputies performing law enforcement services under this Agreement shall be commissioned peace officers, meeting all local and state law requirements and qualifications for a peace officer. In addition., this Agreement employs elements known asX% community policing -"r values,, defined as a collaboration between law enforcement and the DA Area to identify and enhance the quality of the safety and security of neighborhoods, creating , creativity, understanding and patience of all involved, a constructive relationship requiring energy, Compensation For the law enforcement services contracted herein., DAOA shall directly compensate the County at the rate per month as agreed and outlined in Exhibit A on a three-year fisca cycle of this Agreement. Payments shall be made in monthly installments and directly to the County. The County shall be responsible for payment of all employment taxes., if any,, as it concerns compensation for any deputy assigned to duties under this Agreement. Although it is the intention of the parties that the County will provide at least 40 hours of law enforcement services on behalf of Desert Aire each week the dedicated Sheriffs deputy is called away from the DA Area due to a bona fide emergency in which the deputy's , if presence is required to protect persons and/or property,. the time that the deputy is away from the DA Area shall not be deducted from the law enforcement service hours performed by the deputy on such day and shall not be required to be made up by the deputy within the DA Area for anequal length of time on a subsequent day. Page 1 of 8 Final Document #6 DAOA/GCSO Contract 6/16/21 9:47am If the County fails to provide the required law enforcement services contracted for herein in any month falling within the term of this Ag DAOA may terminate this Agreement by giving the County a 30 -day written notice of defaults and termination, provided., however, that if DAOA receives a reasonable correction plan prepared by the 4 -r -s the service deficiencies before the effective termination date specified in the County which addresses and correct notice of defaults and terminationf this Agreement shall not terminate on the effective termination date indicated in the notice. Notwithstanding the foregoing., DAOA may terminate this Agreement upon giving a 30 -day notice of defaults and termination to the County, and the County shall have no right or option to correct the defaults, if DAOA previously gave the County at least one (1) prior notice of defaults and termination at any time within the 12 -month g the month in which the most recent notice is given,, period immediately precedin DAOA shall not pay over the allotted contracted amount per month for the contracted law enforcement services. Any overtime hours expended in the course of the law enforcement services as outlined in this Agreement will be the sole responsibility of the Sheriff, with no charge,, invoice or other billing mechanism to be initiated during the term of this Agreement. 3. Equipment, Supplies and Personnel. All equipment paid for by the DA0A remains the property of DAOA. All property paid for by the County remains the property of the County. The Sheriffs Office shall be responsible for all supplies, equipment,, and personnel necessary to provide services including but not limited to: Vehicle(s) (including fuel and maintenance) Costs associated with MACC service Uniforms/equipment Training Evidence processing Subpoena control Accounting and payroll Labor and media relations Radio makiNteria"ce IRter"at Contract and grant administration Record keeping* nd a# costs 8SSOciated inclucling records clata entry into ffie Spillman system and operation of the Spillman system a therewiffi. 4.Billing The County will bill DAOA on a monthly basis at the completion of each calendar month. Within twenty (20) days following the receipt of said bill., DAOA shall compensate the County., through the Grant County Sheriffs Office., for all costs associated with such service duties as set forth herein. s. DAOA Responsibilities In support of the County providing services described in this agreement, DAOA agrees to supply at its own cost and expense any special supplies, stationery, noticesf forms, including confidential contact information of DAOA owners or residents,, and the like where such must be issued in the name of DAOA and agrees to supply access to appropriate space for use by any designated deputy in the performance of the County's obligations pursuant to this Agreement. In addition., access to the DAOA surveillance technology will be available to the Sheriffs Office to expand visual awareness of activities occurring both during designated contract patrol shifts and on a 24/7, 365 basis, for law enforcement purposes with both parties operating compatible technology. 6. Duration -Term This Agreement shall be a contractual relationship between the County and [AOA, and starting August 1., 2021,, per SAO policy, will be executed in three-year increments regarding costs August with annual reviews of Exhibit A to be conducted within the 90 -day timeframe beginning May.1s' prior to the onset of the next contract year,, unless it is sooner terminated in accordance with any other provisions of this Agreement. Should either party be interested in discontinuing the continual relationship of this Agreementr upon receipt of the request, no less than ninety (90) days prior to the last day of the current three-year cycle of this Agreement,, the other party shall so informthe requesting party that there shall be no extension or further negotiationsf and no extension or further negotiations shall be required. 7. Application of Grants As a nonprofit entityf DAOA may apply for and receive grants available towards its mission that could assist in defraying its costs for outlined services in this agreement. Additionallyf the County, may also be eligible to receive independent grants toward ,actual relating to law enforcement services. l c The parties agree that any such grants, either independently or collectively received, that could be used to advance law enforcement services for the DA Area, will be discussed between parties to determine impacts on current service levels provided or to advance the same. Tile parties agree that application of any such awarded grants shall be discussed and agreed to before implementation. M Notices Any official notices pursuant to this Agreement by or to either the DAOA or the Sherifffs Office shall be In writing and shall be delivered in person by authorized representatives., transmitted electronically or sent by United States Postal service, postage prepaid. Any such notice is effective upon receipt by the elivery via electronics shall be sufficient upon showing a party to whom the nonce is directed. Proof of d to the receiving device. Notices shall be receipt of successful transmission produced by the sending device sent to the following representative addresses unless written notice of a change of address has been given pursuant hereto: Final Document #6 DAOA/GCSO Contract 6/16/21 9:47am Page 2 of 8 To DAOA: Desert Aire Owners Association, Attn: General Manager, 504 Clubhouse Way SW,, Desert Aire,, WA 993491 Phone (509) 932-4839 Email curdy@desetaire.org • To County: Grant County SherifFs Office, Attn: Undersheriff, P.O. Box 37 Phone (509) 754-2011 ext. 2021 Email rrectenwald@.grantcountvwa.gov , Ephrata, WA 98823, 9. Severabi'Jity If any term, Provision, covenant- or condition of tbis' Agreement should be be)d by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of this Agreement shall continue in fll force and effect and shall in no way be affected,, impaired or invalidated therebyu . 10. Indemnification To the fullest extent permitted bylaw.. the DAOAshall indemnify and hold harmless the County, its officers, its commissioners, its agents,, and its employees fr claions and against any liability, suits, ms,, actions, damages. losses, and expenses of whatsoever kind or nature including,, but not limited to attorney's fees and costs arising Out Of, in connection with', or incident to the DASA performance of the terms of this Agreement,, including specifically claims or suits based in whole or in part on deficient or inadequate or negligent acts or omissions on the part of DAOA,. its employees, its volunteer leadership, or its agents related to their performance under this Agreement. This indemnity shall. also cover all losses, claims, expenses, attorney's fees, liabilities,, and judgments including those for personal injury or death.. or for damages to personal property., irrespective of whether in connection with such act or omission, in which it is alleged or claimed that negligence of the County or its representatives or of third parties Caused or contributed thereto. This indemnity provision does not extend to any liabilityf suitsf claims actions, damages,, losses, f ses, or expenses arising from the sole negligence or willful misconduct of the County's own employees, officers or agents, or any criminal act(s) committed by any third party(ies).' Neither this Agreement or any content herein shall create an employer-employee or principal -agent relationship, and/or partnership or joint venture between the County and DACCA. DAOA shall not be liable for compensation or indemnity for any County employee for injury or sickness arising Out of his employmentf or by reasons of the performance of any of the services provided for herein. The County indemnifies DAOA against any loss or expense by reason of injury or sickness compensation or indemnity arising out of employment of any County personnel serving the DAOA hereunder. Each party hereby waives its immunity under the Washington Industrial Insur indemnifyingencs Act solely for the purpose of the other party for claims made by employees of the indemnifying party. This provision is intended solely to augment the indemnity provisions herein and shall not accrue to the benefit of any third person. It shall not be construed in any manner to wa.ive either party's immunity against a claim by an employee against an employer. All of the foregoing indemnification provisions,, and responsibilities and duties of the parties shall survive the termination and expiration of this Agreement. 11. Remedy for Default. If either party fails to observe or perform any terra covenant, or condition of this Agreement, the other party may after giving 30 days" written notice of the breaches and demand to cure to the defaulting party, institute suit for damages or specific c perf ormance unless the breaches in said notice are timely cured except as otherwise provided in above paragraph 2. Such damages shall not include those resulting from criminal actions of third parties. 12. Administration of Agreement. No new or separate legal or administrative entity . is created to administer the provisions of this Agreement. Page 3 of 8. Final Document #6 DAOA/GCSO Contract 6/16/21 9:47am 11.3, Insurance, For the duration of this Ag each party shall maintain its own insurance,, insuring damages to persons and propertyf and shall name the other party as an additional insured on its policy. At a minimum, each party shall,, at its own expense, maintain the following liability insurance -coverage: 1. Operations Liability 2. Premises Liability 3., Commercial General Liability., including a) bodily injury b) property damage C) personal injury d) medical payments e) defense costs f) contractual liability with a reputable insurance company or companies in the minimum amounts of $10.0o0,000.00 for bodily injury or death and $5,,000,,000.00 for property damage. Prior to the commencement of this Agreement and also upon the request of any party, the other party shall give to the requesting party declarations or certificates of insurance confirming insurance coverage meeting or exceeding the above coverage and limit standards which stipulate that the requesting party shall be notified thirty (30) days in advancer in writing,, prior to cancellation of said policies as aforementioned. 14. Assignment. 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. 15. Applicable Law — Venue. 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 competent jurisdiction in Grant County, Washington. 16, Authority. 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. 17, No Waiver, No failure of the County or DADA to insist on the strictest performance of any term of this nt of this Agreement shall constitute a waiver of any such term or an abandonmeAgreement. Status. the .status of the County concerning this Agreement is that of an independent contractor. 19. Entire Agreement. This Agreement cons,)titutes the complete agreement among the parties hereto with respect to the subject matter herein and supersedes all prior agreementsf contracts, and understandingsr written and oral, 20. Audits and Inspections, The records and documents with respect -to all matters covered by this Agreement shall . be subject to inspectionr review, or audit by the County or DAOA during the term of this Agreement and for a period of three (3) years after termination. 21m . Legal ReqAA ements, Both parties shall compVy vvAh all applicable federal, state and local laws in performing this Agreement. 22. Attorney"s Fees and Costs, 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 instituted arising out of this Agreement shall be entitled to rney"s fees and costs incurred in such suit or proceedings. Venue of any court action or receive reasonable atto Agreement shall be Grant County., Washington. proceeding arising out of and/or to enforce this. Final Document #6 DAOA/GCSO Contract 6/16/21 9:47arn Page 4 of 8 23. Amendments — Exhibits. This Agreement may be amended to add more law enforcement services or votherwise) at any time by mutual written agreement of the parties. All Exhibits referenced in this Agreement, including attached Exhibit A,, which has been referenced on various pages,, are considered part of this agreement. 24. Prior Agreements Superseded. This Agreement supersedes any previous agreement betweenthe parties regarding the same subject matter. T4E_,PARTIES HAVE executed this Agreement to be effective August 1, 2021. Signed this day J 4 e , n 6? 2021 by the representatives of each party acting with full authority. i D ESERT 55� ASSOCIATION rague, President 0 Jean n ie�`i Denbo,, e`cretary Attest: Jal s Curdy, General Mana C EP NT NTY 60 COMMISSIONt,,-S Cindy Carter., C*missioner, istrict 3 Rob Jo--rTe, mi- ner, District 2 Da4nyStToe, Comm-issioner, District I Attest. - Mir Tom 3ones, Sher' Ear ra I Vasquez, Cler the o, rd Page 5 of 8 Final Document #6 DAMUG030 Contract 6/16/21 9:47am AGREEMENT FOR THE PROVISION OF LAW ENFORCEMENT SERVICES BETWEEN DESERT AIRE OWNER'S ASSOCIATION AND GRANT COUNTY EXHIBIT A The County,, through the Sheriff's Office , shall furnish the following additional law enforcement services for and on behalf of DAOA according to the standards and requirements set forth below: Com ensation: To accommodate DAOArs fiscal budget process, beginning no later than 180 days prior to the end of each three-year cycler both parties will meet to discuss the rate of compensation for the next three-year cycle. Service levels related to number of available deputies, shift schedules,, and other kn parameters outlined in the Contract or any Exhibits., will be considered annually. For this renewal, the contract amount is subject to a 2% increase each period, with the previous contracted amount of $106,298.40 increased by 2% ($2125.97) to calculate the first year. The annual rate for the first three-year cycle of 36 months are as follows: Year 1: August 1,2021 to July 31f2022, the annual rate of $108,424.37 - monthly payment of $9035.36. Year 2: August 1,2022 to July 31,2023,, the annual rate of $110,592.81 - monthly payment of $9216.07. Year 3: August 1.,2023 to July 31f2024, the annual rate of $112,804.67 - monthly payment of $9400.39. Patrol Hours-:. Current schedule for the designated deputy includes at least 40 hours per week within the DA Area,, with additional hours of patrol service support from Sheriff's personnel provided and reported to DAOA on a quarterly basis. If it is determined that DAOA would like to augment contracted hours for special purposes or days, a written correspondence outside of this Agreement outlining the parameters will be sent at least 30 days in advance of the needed deputies,, via email to the Sheriff., and confirmation of personnel will be subject to available personnel billed at overtime rates. Additional entities that may wish to support DAOA for additional service hours may do so, outside of any Agreement that DAOA and the Sheriff's office may negotiate d1rectly. Routine Datrol services provided to DAOA include foot/vehicular patrols, community policing services such as vacation checks of homes,, courtesy safety inspections., agency referrals,, attendance at community events., businesses, senior center, churchesr and personal contacts as are customary in communities such as the DA Area. For reasons of continuity and consistencyf the bulk of the contracted law enforcement services shall be routine patrol services performed by a dedicated sheriffs deinclude those hours during which a puty. Patrol services shall indeputy is actively oil patrol within the DA Area limits and shall specifically exclude time during which the deputy is responding to he unincorporated County or another jurisdiction, travel time, court time, and transport or assisting with a call in t time. Patrol services shall constitute the first response for the enforcement of state law and/or County Ordinances. Patrol services shall Include reactive patrol to respond to calls for service from residences and businesses, proactive patrol to prevent and deter criminal activity and traffic patrol to enforce applicable state traffic codes. The deputy assigned to the DA .Area in accordance with this Agreement will provide patrol services during the patrol scheduled work shifts (day, swing, or graveyard). The dedicated deputy shall be assigned to provide the routine pat services described for the duration of th-is Agreement unless that dedicated deputy resigns, is terminated, transfers to a full-time specialty assignment such as investigations,, is reassigned due to promotion,, or is removed at the justified request of DAOA or the County. During every shift depending on call volume, the deputy assigned to patrol will make the best effort to drive each of the sixty-six. Grant County roads in the DA community at least once and will attempt to e DA Community where the deputy is stationary,, unless under observation of ne stagger the locations around tfa h circumstances. Additional patrols of DAOA owned property., including entrances, perimeter of buildings and facilities., airport area, pool greenbelts., golf course,, to courts recreational vehicle park, cilities.,. common/open space areas such as parks, trails, -acility assets/buildings andr as needed,, areas immediately adjacent to shoreline properties owned by Grant County ovAter f PUD or the Desert Aire commercial area will make the best effort to be patrolled each shift. will include enforcement of the Grant County code provisions which permit issuance of notices of civil Routine patrol duties at -large barking dogs),, noise violations, moving and parking violationsf and infractions,, such as routine animal control (e.g a notice of infraction citations as designated. Complaints made any other County code violations subject to the issuance of directly to patrol deputies by DAOA or any owner or resident regarding Grant County planning code violations that may also Page 6 of 8 Final Document #6 DAOA/GCSO Contract 6116]21 9:47am oe mirrored in the DADA Restated Covenants, Conditions and Restrictions, shall be referenced in the daily report email to DAOA by the deputy and the code enforcement officers of the Sheriffs office will be advised to check on any pending status at that location. DAOA will continue to educate its owners and residents about the process for reporting Code Violations utilizing the on-line system established by GCSO for this purpose. Response times when used in this Exhibit'. are defined as "in -progress calls" shall mean the time between when the call is dispatched and the time the deputy arrives on scene and for "'all other calls" shall mean the time between when 1.0 the call is dispatched or is received by the Sheriffs Office and the time the deputy makes contact with a complainant as is appropriate under the circumstances (e.g. phone contact,, contact in person. etc.). DADA will continually encourage residents to utilize the MACC dispatch process for ensuring continual data collection to assist Sheriff's office in conducting law enforcement services. rt i a. Investigative services to include criminal investigations by detectives investigating all detected and reported crimes which are customarily provided by the County in the surrounding unincorporated portions of Grant County. b. Special services shall include but are not limited to Search Rescue,, K-9 patrol, hostage negotiations, sex offender registration, community crime prevention, and Major Crimes Unit, Columbia Basin Investigation Team, Interagency Narcotics/Gang Enforcement Team investigations, Motor Traffic Unit, Marine Enforcement, Animal Control Officer, Code Enforcement Officer, Posse, reserve deputy patrols., and Technology Services Department,, etc . c,24-hourLdav coverage from all other County patrols for those hours when the dedicated deputy is not in service or is in service but is away from the DA Area on other business, the County's response time for in= progress calls (a crime in progress) shall not exceed 45 minutes and for all other calls shall not exceed 24 hours. If any DAOA owner or resident attempts to contact the designated deputy outside of the schedule patrol shift,, the designated deputy should refer the caller directly to the MACC dispatch number for on -duty deputies to respond. d. 24-Wourlday_Access to County Sheriffs office on -duty supervisor foTcontact regarding law enforcement issues within the DA Area by utilizing the MAS dispatch dispatch process. If the designated deputy is not on duty, but is contacted directly by phone, text, or email by any owner, employee,, resident, or visitor for the purpose of reporting suspicious activity that is not 911/emergency in nature f the deputy shall politely refer the complainant to report through the MA CC process. g. Evidence or any property collected as a result of investigations occurring within the DA Area will be processed in the same manner used in Sheriffs Office investigations occurring in the unincorporated portions of the County. Any evidence or property collected or held by the DA Area prior to the signing of -this Agreement wjlJ,be the responsibility of DAOA. Evidence being held for pending criminal cases will be turned over to the Grant County Sheriff's office and held until such time as the case is adjudicated. Once the case is adjudicated., the property will be processed according to state requirements. f . Attend,in.g trials and -g.ivina testimon and other support as needed to enforce and prosecute crimes and civil infractions within the DA Area. h. Public Relati-o-ns IMessagina. To enhance awareness of residents regarding law enforcement activity, the Sheriffs office will engage in a consistent,, monthly effort of public relations and messaging to report direct to Grant County citizens., specifically regarding activity in the DA area. The reporting can be done in local or area media outlets, using the NIXEL system which is also utilized for 911/emergency notices.. Sheriffs social media platforms, or through notices sent directly for distribution using established DADA methods to owners and residents. Information shared could include data comparisons for previous periods to current law enforcementactivity, specific events, or activities, but should consist related both to this Agreement, and to over-all law enforcement responsibility to the DA area I as lead agency for the area. DAOA will refrain from generating any law enforcement messaging directly., working with the Sheriffs office to continue to educate DA residents on personal responsibility and accountability measures relating to the protection of their own property and per -son. i. Reporting, Schedules and Contract Compliance Review. The dedicated deputy shall not be interrupted from carrying out community policing and law enforcement d—uties such as patrol, during scheduled shifts, to attend meetings of DADA, unless specific matters being discussed in meetings of SSC, the Board of Directors or staff require input or action from law enforcement. As may be needed at DADA committee, Board, or community meetings such as town halls ., the Sheriff or his designated administrators will be contacted for participation,, with adequate notice of the meeting being given requesting attendance. Page 7 of 8 Final Document #6 DAOA/GCSO Contract 6/16/21 9:47am For each patrol shift, the deputy will check-in with the General Manager and SSC chair, using a group text method for both arrival and departure using Sheriff's office issued cell phone. The specific patrol schedules for the by working with the General dedicated deputy shall be developed and be mutually agreed upon by DAOA,, Manager, and the County with notice established sufficiently in advance to comply with any labor agreements and vacation and training schedules. A monthly calendar for the schedules shall be provided by the designated deputy, simultaneously to the General manager and SSC Chair, one week prior to the start of the next month outlining known activities that could impact the designated deputy patrol schedule, with. adjustments or changes communicated in a similar fashion. Such schedules shall be flexible,, in order to address the need for more patrols during peak and high activity seasons. Terminology for established shifts will correlate with day, swing,, or graveyard hours of the Sheriffs Office. Regarding any significant criminal occurrences or other major events with the DA Area, within 24 hours of the occurrence, the Sherifffs office shall notify the General Manager and the SSC Chair. The Sheriff shall provide daily and weekly reports on criminal,, traffic and code violation activity within the DA Area limits,, known as GS211, and on the law enforcement services provided. Privacy rihts and interests shall be respected for all DAOA gmembe rs. Daily reports shall be I relayed by the dedicated deputy to the General Manager and SSC Chair of DAOA by the end of the dedicated deputy f S shift for that day, via email, using Sheriffs office issued email address. No DAOA member shall be identified in any reports unless DAOA is the victim of the crime or infraction allegedly committed and described in the report. Information about all interactions with area residents and visitors should be included in the daily reports, referencing nature and location where incident occurred. K using communication through both the SSC Chair and the Genera' Manager- and the County, through the Sherif s DASA ,1 ice will communicate and meet throughout the year and term of this contract to proactively discuss contract ompf , iance, and performance and to discuss any necessary service issues and/or requested service adjustments. The listing of items included in Exhibit A are intended for all parties to understand where responsibilities fall relating to the Acireement. Should items arise during the course of this Agreement outside of the designated review parameters shown , the Agreement or Exhibit that requires immediate attention., meeting(s) with both parties in attendance will be required ronrflin and collaboration are used for efficient resolution. q_' 1,'A,,,,a-tion,, communication, cooperation., to ensure 11"of ,a -tion, RECEIVED JU N, 2 1 ?it 1ANT GOION'P� CON'PAISSIONERS) Page 8 of 8 Final Document #6 DAOA/GCSO Contract 6/16121 9:47am I