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HomeMy WebLinkAboutAgreements/Contracts - Sheriff & Jailhold �v� i 12 i3 22 ii'V�dynvvn 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 ,. ,;. _ .. �.z _ --. .. � �w4 r - v n _ _ tr