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HomeMy WebLinkAboutResolution 2024-65, ILA Douglas County PUD Hydrogen Car LeaseCity of East Wenatchee Resolution 2024-68 with Exhibit A 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. 2024-65 A Resolution of the City of East Wenatchee, Washington authorizing the Mayor to execute a Vehicle Lease Interlocal Agreement between the City of East Wenatchee and Douglas County PUD for the evaluation of the effectiveness of a Hydrogen Vehicle in Law Enforcement. 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 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 Interlocal Agreement that conforms to the language set forth inExhibit 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. 5.City of East Wenatchee Effective date. This Resolution becomeseffective immediately. City of East Wenatchee Resolution 2024-65 with Exhibit A Retain Resolution until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) Page 2 of 2 Passed by the City Council of East Wenatchee, at a regular meeting thereof on this 5th day of November, 2024. The City of East Wenatchee, Washington By ________________________ Jerrilea Crawford, Mayor Attest: ___________________________ Anna Laura Leon, City Clerk Approved as to form only: ___________________________ Bob Siderius, City Attorney Filed with the City Clerk: 10-30-2024 Passed by the City Council: 11-05-2024 Effective Date: 11-05-2024 Jerrilea Crawford (Nov 6, 2024 14:51 PST) Jerrilea Crawford 1 Filed for and Return to: Anna Laura Leon, City Clerk City of East Wenatchee 271 9th Street NE East Wenatchee, WA 98802 The information contained in this boxed section is for recording purposes only pursuant to RCW 36.18 and RCW 65.04 and is not to be relied upon for any other purpose, and shall not affect the intent of any warranty contained in the document itself. Document Title: Vehicle Lease Interlocal Agreement Between the City of East Wenatchee and the Douglas County PUD for Evaluating Hydrogen Vehicle Effectiveness in a Law Enforcement Application Grantor(s): City of East Wenatchee and Douglas County PUD Grantee(s): City of East Wenatchee and Douglas County PUD Reference Number(s) of Document Related, Assigned or Released: N/A Abbreviated Legal Description: N/A Complete or Additional Legal Description on page of Document – N/A Assessor’s Parcel Number: N/A Filed with the Auditor pursuant to RCW 39.34.040 Vehicle Lease Interlocal Agreement Between the City of East Wenatchee and the Douglas County PUD for Evaluating Hydrogen Vehicle Effectiveness in a Law Enforcement Application THIS VEHICLE LEASE INTERLOCAL AGREEMENT ("Agreement") is hereby entered into this date by and between the DOUGLAS COUNTY PUBLIC UTILITY DISTRICT (the "District"), and the CITY OF EAST WENATCHEE (the "City") collectively referred to as the "Parties." I.RECITALS: 1.1 The District is a Washington municipal entity and operates a public utility district, which includes the production, storage and distribution of hydrogen for use in hydrogen powered vehicles. 1.2 The District wishes to collect data regarding hydrogen vehicle performance when used for law enforcement applications. 1.3 The City wishes to utilize a hydrogen vehicle for police department use to evaluate hydrogen vehicle feasibility as a potential alternative to traditionally powered police cruisers. 1.4 The City and the District desire to cooperate on these objectives. NOW, THEREFORE, in consideration of the foregoing, the City and District agree as follows: II.AGREEMENT 2.1. Purpose. The purpose of this Agreement is to provide terms for a lease that is to the mutual benefit of the Parties. 2.2. Leased Property. The District hereby leases the City one hydrogen powered vehicle, 2019, Toyota Mirai, JTDBVRBD2KA007866. 2 2.3. Lease Term. The lease shall commence on November 6, 2024, and end on November 6, 2028. Following this period, the lease will automatically renew on an annual basis. The lease may be terminated by either party with 90 days written notice. 2.4. Outfitting for Law Enforcement Uses. The District authorizes the City to modify the vehicle as necessary to equip it for active-duty police work, entirely at the cost of the City. In the event the District elects to end the lease prior to the initial four-year lease expiring, the District agrees to pay all depreciated costs associated with outfitting the vehicle for police use. 2.5 Fueling. The District shall provide hydrogen fuel for the city's use of the vehicle at a cost not to exceed the average sale price for premium grade petroleum products in the Chelan and Douglas County area. Hydrogen shall be available at the Districts hydrogen fueling station located in East Wenatchee, Washington, or at such other place as designated by the District and within a 10 mile radius of the City's Police Department headquarters. 2.6 Duration and Termination. This Agreement shall become effective upon the filing of the executed Agreement with the Douglas County Auditor pursuant to RCW 39.34.040. This agreement will terminate when the lease is completed. 2.7. Records. The City shall keep and maintain accurate and complete cost records pertaining to the cost to upfit the vehicle for active duty, and all operating expenses. The District shall have full access and the right to examine any such records related to this Agreement. 2.8 Insurance. The City shall maintain liability insurance in an amount equal to the insurance maintained on its fleet of police patrol vehicles. In addition, the City shall maintain insurance to cover all damages that might occur to the vehicle during the term of this lease. The vehicle shall be returned to the District in a similar condition as delivered to the City, reasonable wear and tear excepted. The District understands that use of a vehicle for City law enforcement activities does involve some element of risk of vehicle damage, and further understands that mileage will accrue to the vehicle consistent with normal law enforcement patrol vehicle operations. 2.9 No joint venture. The District and the City acknowledge that the City is leasing the vehicle for its use. Nothing about this lease shall create any form of partnership, joint venture or other relationship between the District and the City, other than as a lessor and a lessee. All liability arising from operation of the vehicle shall be with the City unless otherwise allocated through this Agreement. 2.10. Mutual Indemnity. The District shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, arising from injury or death to persons or damage to property occasioned by any negligent act, omission or failure of the District, its officers, agents, and employees, in connection with the work described in this agreement, or arising out of the District's non-observance or non- performance of any law, ordinance, or regulation applicable to the District’s portion of the Project. The City shall indemnify, defend and hold harmless the District, its officers, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, arising from injury or death to persons or damage to property occasioned by any negligent act, omission or failure of the City, its officers, agents and employees, in connection with the work described in this agreement, or arising out of the City's non-observance or non-performance of any law, ordinance or regulation applicable to the District’s portion of the Project. 3 2.11 Severability. In the event that any provision of this Agreement shall be determined to be unenforceable or otherwise invalid for any reason, such provision shall be enforced and validated to the extent permitted by law. All other provisions of this Agreement are severable, and the unenforceability or invalidity of any single provision hereof shall not affect the remaining provisions. 2.12. Amendments. This agreement contains the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior agreements or understandings among the Parties with respect thereto. This Agreement may be amended only by an agreement in writing signed by the Parties. 2.13. Mutual Negotiation and Construction. This Agreement and each of the terms and provisions hereof are deemed to have been explicitly negotiated between, and mutually drafted by, the Parties, and the language in all parts of this Agreement shall, in all cases, be construed according to its fair meaning and not strictly for or against either Party. 2.14. Governing Law; Venue. This Agreement is governed by the laws of the state of Washington, without regard to its conflict of law provisions. The jurisdiction of any action hereunder shall be in the Superior Court, Douglas County, Washington. 2.15 Representation. Evan McCauley of the Jeffers, Danielson, Sonn and Aylward, PS, law firm has reviewed this Interlocal Agreement on behalf of the District. Robert Siderius of the Jeffers, Danielson, Sonn and Aylward, PS, law firm has reviewed this Interlocal Agreement on behalf of the City. Both the District and the City acknowledge the existence of the conflict and agree to a waiver of that conflict with a screen so that attorneys working on this matter on behalf of the District will have no access to materials maintained on behalf of the City, and the attorneys working on this matter on behalf of the City will have no access to materials maintained on behalf of the District. INWITNESS WHEREOF, the parties hereto have executed this Agreement on this 5th day of November, 2024. DOUGLAS COUNTY PUBLIC UTILITY DISTRICT ___________________________________ Gary Ivory, General Manager THE CITY OF EAST WENATCHEE, WASHINGTON By ________________________ Jerrilea Crawford, Mayor Attest: ___________________________ Anna Laura Leon, City Clerk Approved as to form only: ___________________________ Robert Siderius, City Attorney Resolution 2024-65, ILA Douglas County PUD Hydrogen Car Lease_Redacted Final Audit Report 2024-11-06 Created:2024-11-06 By:City Clerk (cityclerk@eastwenatcheewa.gov) Status:Signed Transaction ID:CBJCHBCAABAAUQjCSmWMbgkGzUqPTRw9clzjL8GRzuxS "Resolution 2024-65, ILA Douglas County PUD Hydrogen Car L ease_Redacted" History Document created by City Clerk (cityclerk@eastwenatcheewa.gov) 2024-11-06 - 8:49:35 PM GMT Document emailed to jcrawford@eastwenatcheewa.gov for signature 2024-11-06 - 8:50:04 PM GMT Email viewed by jcrawford@eastwenatcheewa.gov 2024-11-06 - 10:50:46 PM GMT Signer jcrawford@eastwenatcheewa.gov entered name at signing as Jerrilea Crawford 2024-11-06 - 10:51:10 PM GMT Document e-signed by Jerrilea Crawford (jcrawford@eastwenatcheewa.gov) Signature Date: 2024-11-06 - 10:51:12 PM GMT - Time Source: server Agreement completed. 2024-11-06 - 10:51:12 PM GMT