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HomeMy WebLinkAboutAgreements/Contracts - Sheriff & JailAGREEMENT FOR THE PROVISION OF LAW ENFORCEMENT SERVICES BETWEEN DESERT AIRF 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, Washington, commonly known as the Desert Aire Rural Village ("DA Area"). RECITALS: K19-115 WHEREAS, DAOA 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 DADA Board of Directors possesses the power and legal authority to contract for services on behalf of DAOA, most of whose members are citizens of Grant County, and WHEREAS, DADA Board of Directors has established a Security & Safety Committee ("SSC") with the limited role of gathering safety and security monitoring and making recommendations to the Board of Directors regarding safety and security service proposals, and WHEREAS, the County, by and through the Sheriff, provides law enforcement services to the citizens of Grant County as a core responsibility, regardless of additional agreements or contracts, and WHEREAS, the County has the legal authority to extend additional law enforcement services to DANA, and WHEREAS, DADA desires to contract with the County regarding provision of additional law enforcement services, and WHEREAS, the County and DADA desire to memorialize the agreement between the parties regarding provision of law enforcement services by the County to DADA, NOW, THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the parties agree as follows: AGREEMENT: 1. SERVICES The County, by and through the Grant County Sheriff's Office {"Sheriffs'}, shall provide the additional law enforcement services ("law enforcement services") to DAOA 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 officers, 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. 2. Compensation For the law enforcement services contracted herein.. DADA shall directly compensate the County at the rate of: $8,858.20 per month for the first two years 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, if the dedicated Sheriff's deputy is called away from the DA Area due to a bona fide emergency in which the deputy's 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 an equal length of time on a subsequent day. Page 1 of 6 If the County fails to provide the required law enforcement services contracted for herein in any month falling within the term of this Agreement, DADA 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 County which addresses and corrects the service deficiencies before the effective termination date specified in the notice of defaults and termination, 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 DADA previously gave the County at least one (1) prior notice of defaults and termination at any time within the 12 month period immediately preceding the month in which the most recent notice is given. DADA shall not pay over $8,858.20 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 DAOA remains the property of DANA. All property paid for by the County remains the property of the County. The Sheriff s 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 maintenance Internal investigations Contract and grant administration Record keeping* * including records data entry into the Spillman system and operation of the Spillman system and all costs associated therewith. 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, DANA shall compensate the County, through the Grant County Sheriff's Office, for all costs associated with such service duties as set forth herein. ' 5. DAOA Responsibilities In support of the County providing services described in this agreement, DACIA agrees to supply at its own cost and expense any special supplies, stationery, notices, forms and the like where such must be issued in the name of DADA 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. 6. Duration -Terns This Agreement shall be for a term of two (2) years, commencing on August 1, 2019 and ending on July 31, 2021, unless it is sooner terminated in accordance with any other provisions of this Agreement. If either party desires to extend the Agreement, that party shall so inform the other party that it wishes to extend the Agreement by sending a written request to extend and negotiate to the other party no less than ninety (90) days prior to the last day of the term of this Agreement. Should the other party not be interested in extending the Agreement upon receipt of the request, the other party shall so inform the requesting party that there shall be no extension or further negotiations, and no extension or further negotiations shall be required. if, upon receiving the request, the other party is interested in extending the Agreement, the other party shall notify the requesting party that it is interested in negotiating an extension, and the parties thereafter shall engage in contract extension negotiations in good faith for a period of 30 days after the notification is given by the other party to the requesting party. Should the parties not reach an agreement on the extension terms within the 30 -day period after the notification is given, either party may discontinue and terminate the negotiations, and, in that event, no extension or further negotiations shall be mandated. 7. Application of Grants As a nonprofit entity, DACIA may apply for and receive grants available towards its mission that could assist in defraying its costs for outlined services in this agreement. Additionally, the County may also be eligible to receive independent grants toward actual costs relating to law enforcement services. 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. The parties agree that application of any such awarded grants shall be discussed and agreed to before implementation. S. Notices Any official notices pursuant to this Agreement by or to either the DADA or the Sheriffs 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 party to whom the notice is directed. Proof of delivery via electronics shall be sufficient upon showing a receipt of successful transmission produced by the sending device to the receiving device. Notices shall be sent to the following representative addresses unless written notice of a change of address has been given pursuant hereto: Page 2 of 6 To DAOA: Desert Aire Owners Association., Board of Directors, c/o Superintendent., 504 Clubhouse Way SW, Desert Aire,, WA 993490 Phone (509) 932-4839 Email Board@DesertAire.com To County: Grant County Sheriffs Office, Attn: Ryan Rectenwaid/Undersheriff., P.O. Box 37,, Ephrata, WA 98823., Phone (509) 754-2011 ext. 2021 Email: rrectenwald@grantcountywa.go- V 9. Severability 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. 10. Indemnification To the fullest extent permitted by law,, the DAOA shall indemnify and hold harmless the County,, its officers, its commissioners, its agents and its employees from and against any liability, suits, claims, 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 DAOA 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, it's 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 liability, suits,, claims, actions, damages, losses, or expenses arising from the sole negligence or willful misconduct the County's own employees, officers or agents, or any criminal act(s) committed by any third party(les). To the fullest extent permitted by law, the County shall indemnify and hold harmless DAOA, its officers, its directors, its volunteer leadership, its agents, and its employees from and against any liability, suits, claims,, 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 County's performance of the terms of this Agreement, including specifically claims or suits based in whole or in part of deficient or inadequate or negligent acts or omissions on the part of County, its employees, and/or its agents and its/their performance of the work specified by this Agreement. This indemnity shall also cover all losses,, claims, expenses, enses, attorney's fees, liabilities, and judgements, including those for personal injury or death or for damages to personal property, irrespective of whether in connection with such act or omission it is alleged or claimed that negligence of the DAOA or its representatives or third parties caused or contributed thereto. This indemnity provision does not extend to any liability, suits, claims., actions, damages, losses., or expenses arising from the sole negligence or willful misconduct of DAOA'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 DAOA. DAOA shall not be liable for compensation or indemnity for any County employee for injury or sickness arising out of his employment, 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 Insurance Act solely for the purpose of indemnifying 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 waive 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. Page 3 of 6 11. Remedy for Default If either party fails to observe or perform any term., 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 performance. unless the breaches designated 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. 13. Insurance -For the duration of this Agreement, each party shall maintain its own insurance, insuring damages to persons and property, 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; and 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.,000,,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 advance, 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 he 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 represents 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 DAOA to insist on the strictest performance of any term of this Agreement shall constitute a waiver of any such term or an abandonment of this Agreement. 18. Status, The status of the County concerning this Agreement is that of an independent contractor. Specifically, no new or separate legal or administrative entity is created by this Agreement. 19. Entire Agreement 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 and oral. 20. Audits and Inspections The records and documents with respect to all matters covered by this Agreement shall be subject to inspection, review, or audit by the County or DADA during the term of this Agreement and for a period of three (3) years after termination. 21. Legal Requirements Both parties shall comply with 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 Page 4 of 6 party in any suit instituted arising out of this Agreement shall be entitled to receive reasonable attorney's fees and costs incurred in such suit or proceedings. Venue of any court action or proceeding arising out of and/or to enforce this Agreement shall be Grant County, Washington. 23. Amendments -- Exhibits. This Agreement may be amended (to add more law enforcement services or otherwise) 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 between the parties regarding the same subject matter. THE PARTIES HAVE executed this Agreement to be effective on August 1, 2019. 0% Signed thiaA day of -3V11 --., 2019 by the representatives of each party acting with full authority. DESERT AIRE OWNERS ASSOCIATION GRANT COUNTY BOARD OF COMMISSIONERS [std) JeaT4�, n, Presided Cindy Carter, ommissioner, District 3 Debra Pike, Secretary Tom Taylor, Commi sinner, District 2 2)-147 -A JZ Richard St Commissi er, District 1 Attes�l'�/� To"nes, She Ba rk46 ra J) Vasquez, CI Page 5of6 Kevin J. McCrae, WSBA #43087 Civil Deputy Prosecuting Attorney Page 6 of 6 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 for at least 40 hours per week (over the term of the Agreement) within the DA Area: a. Routine patrol 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, churches and personal contacts as are customary in communities such as the DA Area. For reasons of continuity and consistency, the bulk of the contracted law enforcement services shall be routine patrol services performed by a dedicated sheriff's deputy. Patrol services shall include those hours during which a deputy is actively on patrol within the DA Area limits and shall specifically exclude time during which the deputy is responding to or assisting with a call in the unincorporated County or another jurisdiction, travel time, court time, and transport 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 DAArea in accordance with this Agreement will provide patrol services during his scheduled workshifts (day, swing, or graveyard). The dedicated deputy shall be assigned to provide the routine patrol services described forthe duration of this Agreement unlessthat dedicated deputy resigns, is terminated, transfersto 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. Additional patrols of DAOA owned property, including entrances, perimeterof buildings and facilities, airport area, pool facilities, common/open space areas such as parks, trails, greenbelts, golf course, tennis courts, recreational vehicle park, water facility assets/buildings and, as needed, areas immediately adjacent to shoreline properties owned by Grant County PUD or the Desert Aire commercial area. Routine patrol duties will include enforcement of the Grant County code provisions which permit issuance of notices of civil infractions, such as routine animal control (e.g. at -large barking dogs), noise violations, moving and parking violations, and any other County code violations subjectto the issuance of a notice of infraction citations as designated. When used in this Exhibit, the term "response time for in -progress calls" shall mean the time between when the call is dispatched and the time the deputy arrives on scene. The "response time for all other calls" shall mean the time between when the call is dispatched or is received by the Sheriff's 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.). When the dedicated deputy is performing the contracted law enforcement services in the DA Area, the dedicated deputy's response time for all calls shall be immediate. b. 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. c. 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, MotorTraffic Unit, Marine Enforcement, Animal Control Officer, Code Enforcement Officer, Posse, reserve deputy patrols, and Technology Services Department, etc. d. 24-hour/day coverage from all other County patrols when the dedicated deputy is not in service or is in service but is away from the DA Area on other business. 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. e. 24-hour/day access to County Sheriff's office supervisor for contact regarding law enforcement issues within the DA Area. f. Evidence or any property collected as a result of investigations occurring within the DA Area will be processed in the same manner used in Sheriff's 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 will be the responsibility of DADA. 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. g. Attending trials and giving testimony and other support as needed to enforce and prosecute crimes and civil infractions within the DA Area. h. Reporting, Schedules and Contract Compliance Review. The dedicated deputy shall be available to attend monthly meetings of the DAOA Board of Directors meetings, related town halls or community meetings, and staff meetings as requested by either the Superintendent or Board of Directors. The specific patrol schedulesforthe dedicated deputyshall be developed and be mutually agreed upon by DADA, byworking with the Superintendent, and the Countywith notice established sufficiently in advanceto complywith any labor agreements and vacation and training schedules. 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 Sheriff's Office. Changes to the schedule will be communicated by the County to the Superintendent. Within 48 hours of the occurrence, the County shall notifythe Superintendent of any significant criminal occurrence or other major event within the DA Area. The County 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 rights and interests shall be respected for all DAOA members. Daily reports shall be relayed by the dedicated deputy to the Superintendent of DAOA by the end of the dedicated deputy's shift for that day. No DADA member shall be identified in any reports unless DAOA is the victim of the crime or infraction allegedly committed and described in the report. DAOA and the County, through the Sheriff's Office, shall endeavor to meet annually to discuss contract compliance and performance and discuss any necessary service issues and/or requested service adjustments.