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Home My WebLink About2023-42, First Amendment to ILA BearCat_KNFCity of East Wenatchee Resolution 2023-42 and Exhibit A & B. Retain Resolution until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) Page 1 of 2 City of East Wenatchee, Washington Resolution No. 2023-42 A Resolution of the City of East Wenatchee, Washington authorizing the Mayor to execute a first amendment to the Interlocal Agreement governing the multijurisdictional SWAT team, the amendment being between the City of East Wenatchee, Douglas County, Chelan County, and the City of Wenatchee which governs the purchase and responsibilities associated with a SWAT Bearcat vehicle. 1.Alternate format. 1.1. Para leer este documento en otro formato (español, Braille, leer en voz alta, etc.), póngase en contacto con la administradora municipal de la ciudad al alternateformat@eastwenatcheewa.gov, al (509) 884-9515 o al 711 (TTY). 1.2. To read this document in an alternate format (Spanish, Braille, read aloud, etc.), please contact the City Clerk at alternateformat@eastwenatcheewa.gov, at (509) 884-9515, or at 711 (TTY). 2.Authority. 2.1. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to organize and regulate its internal affairs and to define the powers, functions and duties of its officers and employees. THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO RESOLVE AS FOLLOWS: 3.Authorization. The City Council authorizes the Mayor to executean amendment that conforms to the language set forth in Exhibit A. 4. Severability. If a court of competent jurisdiction declares anyprovision in this resolution to be contrary to law, such declarationshall not affect the validity of the other provisions of this Resolution. First Amendment to Interlocal Cooperative Agreement 1 FIRST AMENDMENT TO THE INTERLOCAL COOPERATIVE AGREEMENT BETWEEN CHELAN COUNTY SHERIFF’S OFFICE, DOUGLAS COUNTY SHERIFF’S OFFICE, EAST WENATCHEE POLICE, AND WENATCHEE POLICE EAST CASCADE MULTI-JURISDICTIONAL SWAT TEAM THIS FIRST AMENDMENT to the Interlocal Cooperative Agreement between Chelan County Sheriff’s Office, Douglas County Sheriff’s Office, East Wenatchee Police, and Wenatchee Police, East Cascade Multi-Jurisdictional SWAT Team, is made and entered into by and between Chelan County Sheriff’s Office, Douglas County Sheriff’s Office, East Wenatchee Police, and Wenatchee Police, collectively hereinafter referred to as the “Parties” or individually as “Party.” RECITALS WHEREAS, on November 16, 2021, the Parties entered into an Interlocal Cooperative Agreement regarding the East Cascade Multi-Jurisdictional SWAT Team (the “Interlocal Agreement”); and WHEREAS, the Parties wish to amend the Interlocal Agreement to address the furnishing and purchase of equipment, to specifically address the purchase of a BearCat armored vehicle, as currently set forth in Section XI of the Interlocal Agreement; and WHEREAS, the Parties also wish to amend the distribution of assets upon termination, as currently set forth in Section XII of the Interlocal Agreement. NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein, the Parties agree as follows: 1.Agreement Documents. The Interlocal Agreement, entered into on November 16, 2021, is incorporated by reference into this First Amendment as though written in full and shall remain in full force and effect except as provided herein. 2.Section XI. The following language shall be added to the end Section XI of the Interlocal Agreement: “a. Purchase and Use BearCat. The City of Wenatchee, the Wenatchee Police’s governing authority, has or shall purchase a BearCat armored vehicle in the amount of $397,402.85. It is contemplated that the BearCat shall be the sole property of the City of Wenatchee, but shall be available for use by the ECST during the term of this Agreement. The City of Wenatchee shall be responsible for all registration and insurance of BearCat. All maintenance costs related to the BearCat will be paid for through joint funds. Exhibit A First Amendment to Interlocal Cooperative Agreement 2 b.Reimbursement for BearCat. The remaining participating jurisdictions shall pay the City of Wenatchee as follows for reimbursement of the BearCat purchase: City of East Wenatchee Police: $60,000.00; Chelan County Sheriff’s Office: $112,467.62; Douglas County Sheriff’s Office: $112,467.62. The reimbursement payments shall be made to the City of Wenatchee within ninety (90) days of the City of Wenatchee purchasing and obtaining title to the BearCat. c.Division upon Termination or Withdrawal. Notwithstanding Section XII of this Agreement, the following provisions apply upon the withdrawal of participating jurisdictions or termination of the ECST: i.Withdrawal. Upon the withdrawal of City of East Wenatchee Police, Chelan County Sheriff’s Office, or Douglas County Sheriff’s Office from the ECST in accordance with the terms of this Agreement, the BearCat shall be determined to be sole property of the City of Wenatchee and the City of Wenatchee shall retain sole ownership of the BearCat. In the event the Wenatchee Police withdrawal from the ECST, title and ownership of the BearCat and all accompanying responsibilities held by the City of Wenatchee and/or Wenatchee Police in relation to the BearCat shall be transferred to one of the remaining participating jurisdictions, as determined in the sole discretion of the ECST Board. In the event of a withdrawal, the BearCat shall not be subject to any division or buy-out provision among the Parties, specifically the withdrawing jurisdiction recognizes and agrees that it is not entitled to any buy-out compensation. ii.Termination. Upon Termination of the ECST in accordance with the terms of this Agreement, the City of Wenatchee shall have the option to buy-out the other participating jurisdictions’ interest in the BearCat on the following terms: 1) the buy-out price for the BearCat will be determined based on Fair Market Value at the time of termination; 2) a thirty-five percent (35%) discount shall be applied to the buy- out price to account for the City of Wenatchee’s insurance and registration costs incurred; and 3) Each participating jurisdiction will be paid a pro rata share of the buy-out price, minus the applicable discount, based upon its proportion of investment into the initial BearCat purchase. The City of Wenatchee shall provide notice to the parties of its intent to exercise this option within thirty (30) days of a final termination decision by the ECST Board. If the City of Wenatchee does not exercise this Exhibit A First Amendment to Interlocal Cooperative Agreement 3 option, the BearCat shall be distributed or divided in accordance with Section XII herein.” 3. Section XII. The first sentence of the second paragraph of Section XII shall be amended as follows: “Unless otherwise provided in this Agreement and subject to Section XI(c), any assets acquired with joint funds of the ECST shall be equally divided among the participating jurisdictions at the asset’s fair market value upon termination.” 4. Municipal Authorization. This Amendment shall be executed on behalf of each Party by its duly authorized representative and pursuant to an appropriate resolution or ordinance of the governing body of each Party. This Amendment shall be deemed effective upon the last date of execution by the last so authorized representative. This Amendment may be executed in counterparts and be valid as if each authorized representative had signed the original document. 5. Full Force and Effect. Except as otherwise amended by this Amendment, all other provisions of the Interlocal Agreement shall remain in effect. By signing below, the signor certifies that he or she has the authority to sign this Agreement on behalf of the jurisdiction, and the jurisdiction agrees to the terms of this Agreement COUNTY OF DOUGLAS Dated this ____ day of _______________, 2023. BOARD OF DOUGLAS COUNTY COMMISSIONERS _____________________________________ DAN SUTTON, CHAIR _____________________________________ KYLE STEINBURG, COMMISSIONER _____________________________________ MARC STRAUB, COMMISSIONER Exhibit A First Amendment to Interlocal Cooperative Agreement 4 ATTEST: ___________________________ CARLYE BAITY, CLERK Dated: _____________________ ATTEST: __________________________ KEVIN MORRIS, SHERIFF Dated: ____________________ COUNTY OF CHELAN Dated this ____ day of _______________, 2021. BOARD OF CHELAN COUNTY COMMISSIONERS _____________________________________ KEVIN OBERBAY, CHAIR _____________________________________ SHON SMITH, COMMISSIONER _____________________________________ TIFFANY GERING, COMMISSIONER ATTEST: ___________________________ ANABEL TORRES, CLERK Dated: _____________________ ATTEST: __________________________ MICHAEL MORRISON, SHERIFF Dated: ____________________ Exhibit A First Amendment to Interlocal Cooperative Agreement 5 CITY OF WENATCHEE Dated this ____ day of _______________, 2023. ___________________________________ MAYOR FRANK KUNTZ _______________________________________ CHIEF STEVE CROWN CITY OF EAST WENATCHEE Dated this ____ day of _______________, 2023. ___________________________________ MAYOR JERRILEA CRAWFORD _______________________________________ CHIEF RICK JOHNSON Exhibit A Quotation 100544 10 Betnr Industrial Drive - Pittsfield, MA 01201 PH: 413-443-7359 - FAX: 413-445-7865 Order Date: Lenco Tax ID#: 04/14/23 04-2719777 EALWACustomer Code: Page #: 21 of East Wenatchee Police Department 50 Simon St. East Wenatchee, WA 98802 USA Bill To East Wenatchee Police Department 50 Simon St. East Wenatchee, WA 98802 USA Ship To Net 30 Days FOB: Destination Payment Terms Inhouse Contact Jim Massery Shipping Terms Estimated Completion Ship Via Common Carrier Inspection & Acceptance At Lenco's Facility, Pittsfield, MA12 months ARO (Est.) Unit TotalQtyItem:Product # $200,704.00Lenco BearCat BC55003-BASE 1 $200,704.00 Options: LED Red and Blue LED_RED_BLUE 1 Lusterless Army Green LUSTERLESS_ARMY_GREE 1 $8,859.00Diesel Engine, 6.7L Turbo BCDLEN 1 $8,859.00 $34,958.00BearCat G3 4-Wheel Off-Road Upgrade Pkg w/Run-Flats BC3WOFFRD 1 $34,958.00 $7,858.004-Door Configuration BC4DR 1 $7,858.00 $1,216.00(1) 7" Vertical GunPort Upgrade BCGP7 8 $152.00 $1,508.00Electric Power Mirrors BCMIR 1 $1,508.00 $2,297.00Back up Camera System with Monitor BCBU 1 $2,297.00 $31,585.00Color & Thermal Camera w/Controller, Front and Rear Monitors BCTI 1 $31,585.00 $502.00Radio Prep Package, (1) Max (2)BCINSRA 1 $502.00 $7,182.00Rear A/C - Heating Systems: High Capacity Upgrade BCHACUP 1 $7,182.00 $12,479.00Hydraulic Ram Upgrade wFront Mounted Receiver with Ram BCHYDRAM 1 $12,479.00 $14,552.00Gas Injector Unit BCGIU 1 $14,552.00 $1,295.00Gas Injector Storage Basket BCGISB 1 $1,295.00 $1,200.00Break and Rake BCBAR 1 $1,200.00 $1,280.00Door Pivoting Ram Head BCDPRH 1 $1,280.00 $23,928.004 Way Ram Camera with 4 Way Monitor and Audio BCRC 1 $23,928.00 $4,212.00Roof Mounted Remote Control Spot Light - LED BCSLLED 3 $1,404.00 $1,340.00High Intensity Driving Lights in Front Bumper BCHIDL 1 $1,340.00 $1,853.00Take Down Light (Bumper Mounted)BCTDL 1 $1,853.00 $1,006.00Plasma Rope BCPLAS1 2 $503.00 $1,936.00Armored Oil Pan Guard BCAOPG 1 $1,936.00 $2,871.00Intercom System Inside to Outside BCINT 1 $2,871.00 $975.005 Pack Mag Kit BCMAGKIT 1 $975.00 $365,596.00Configuration Subtotal: $365,596.00NEWCONFIGNew Configuration 1 $365,596.00 $31,806.85TAX2Washington Sales Tax 1 $31,806.85 $397,402.85Total: EXHIBIT B East Wenatchee Resolution 2023-42 Exhibit B Quotation 100544 10 Betnr Industrial Drive - Pittsfield, MA 01201 PH: 413-443-7359 - FAX: 413-445-7865 Order Date: Lenco Tax ID#: 04/14/23 04-2719777 EALWACustomer Code: Page #: 22 of Notes: Authorized WARNING: Information Subject to Export Control Laws Acceptance of this quotation or entering into a purchase agreement with Lenco, the purchaser agrees to Lenco's full Terms and Conditions of Sale, available upon request. This quote will be valid for 90 days. Please sign and return Jim Massery Authorized Thank you The written approval of the Directorate of US Defense Trade Controls and Lenco Industries, Inc. must be obtained before reselling, transferring, transshipping or disposing of a defense article to any end user, end use or destination other than as stated on this Lenco quote or the shipper's export declaration in cases where an exemption is claimed under this subchapter ITAR 123.9(A). ACCEPTANCE OF PROPOSAL Signature:_______________________________Signature:_______________________________ Tax rate of 8.7% used. Lenco is not responsible for tax rate discrepancies. EXHIBIT B East Wenatchee Resolution 2023-42 Exhibit B