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HomeMy WebLinkAbout25-126.00SpokaneCountySheriffVehicleUseAgreementNO. 25'0323 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON IN THE MATTER OF EXECUTING A VEHICLE ) USE AGREEMENT BETWEEN THE SPOKANE ) RESOLUTION COUNTY SHERIFF'S OFFICE AND THE CITY ) OF SPOKANE VALLEY ) WHEREAS, pursuant to the Constitution and laws of the State of Washington, Spokane County, Washington is a class A county duly organized and existing; and WHEREAS, pursuant to the provisions of the Revised Code of Washington ("RCW") 36.01.030, the powers of Spokane County ("County") can only be exercised through the Board of County Commissioners of Spokane County, Washington ("Board" or "Board of County Commissioners"); and WHEREAS, pursuant to the provisions of RCW 36.32.120(6), the Board of County Commissioners has the care of County property and the management of County funds and business; and WHEREAS, pursuant to chapter 36.28 RCW, the Spokane County Sheriff is the Chief Law Enforcement Officer and Conservator of the Peace in Spokane County; and WHEREAS, the Spokane County Sheriff's Office and the City of Spokane Valley desire to enter into an agreement to allow for use of two vehicles owned by Spokane County Sheriff's Office by the City of Spokane Valley. NOW, THEREFORE BE IT RESOLVED, pursuant to the provisions of RCW 36.32.120(6), by the Board of County Commissioners of the Spokane County, Washington, that pursuant to the provisions of RCW 36.18.040, that either the Chairman of the Board, a majority of the Board, the Spokane County Sheriff, of the Spokane County Sheriff's designee be and is hereby authorized to adopt the staffing modifications as set forth in "Vehicle Use Agreement Between the Spokane County Sheriff and the City of Spokane Valley" attached hereto and incorporated herein. Pagc 1 of 2 PASSED AND ADOPTED this 94" day of Tti/y 2025. BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON MARY L. NEY, CHAIR JOSH KERNS, VICE -CHAIR OF c 0 MM1SS 1E C G 41 o'-. o .y X.AL FRE H, COMMISSIONER a ATTEST: EAL,. qNE COS AMBER WALDREF, COMMISSIONER inna Vasquez, Clerk of the and CHRIS JORDAN, CO ISSIONER Page 2 of 2 VEHICLE USE AGREEMENT BETWEEN THE SPOKANE COUNTY SHERIFF AND CITY OF SPOKANE VALLEY THIS AGREEMENT ("Agreement") is made by and between the Spokane County Sheriff's Office ("SCSO"), a separate elected official of Spokane County, having offices for the transaction of business at 1100 West Mallon Avenue, Spokane, Washington 99260, and the City of Spokane Valley ("City"), a municipal corporation of the State of Washington, having offices for the transaction of business at 10210 East Sprague Avenue, Spokane Valley, Washington 99206. The City and SCSO are collectively referred to herein as the "Parties" and individually referred to as a "Party". For and in consideration of the mutual covenants and promises set forth herein below, the Parties hereby agree as follows: I . Use of Vehicles. During the term of this Agreement, the City shall have and enjoy the exclusive use of the 2014 Ford Explorer vehicle with VIN I FM5K8AR8EGC26583 and 2014 Ford Explorer vehicle with VIN 1 FM5K8AR6EGC26582 (hereinafter "Vehicles") to which the SCSO owns titles and for which the City has paid all depreciation costs per the terms of the "Interlocal Agreement for Law Enforcement Services as Provided by the Spokane County Sheriff's Office to the City of Spokane Valley," dated December 13, 2022. 2. Term of Agreement. The initial term of this Agreement commences upon the date of execution of the same and shall continue for a period of thirty (30) months. The City may elect to extend the term for an additional thirty (30) month period by delivering written notice thereof to the SCSO prior to expiration of the initial term. Either Party may terminate this Agreement for material breach after providing the other Party with at least fourteen (14) days prior notice and an opportunity to cure the breach. Either Party may, in addition, terminate this Agreement for any reason by no less than thirty (30) days' written notice to the other Party. In the event of termination with or without breach, the City shall return the Vehicles to SCSO. Upon return of the Vehicles to the SCSO, the City's obligations herein with respect to the Vehicles shall be immediately extinguished. 3. Adequate Consideration. The Parties acknowledge that the City has reimbursed the SCSO for all depreciation of the Vehicles since the time SCSO purchased the Vehicles. In recognition of the City's prior financial contributions toward the Vehicles, the only additional consideration to be provided by the City for use of the Vehicles is the City's agreement to be responsible for the maintenance, providing adequate insurance coverage, licensing and registration fees, and the other obligations identified in this Agreement. The Parties stipulate that this Agreement is supported by valuable and legally sufficient consideration. 4. Licensing, Registration, and Taxes. The Vehicles shall be licensed and registered by and in the name of the SCSO at the City's expense. Upon payment of any licensing fee, registration fee, assessment, or tax (whether municipal, state, or federal) related to the Vehicles, the City shall reimburse the SCSO for such costs within thirty (30) days after the SCSO provides an invoice to the City for such costs. Upon the SCSO's direction, the City shall affix to the Vehicles those license plates or tabs that are supplied by the SCSO and required by Washington law. Page 1 of 3 5. Alterations Prohibited. Other than as identified below, the City shall not make any alterations, additions or improvements to the Vehicles without the prior written consent of the SCSO. All additions and improvements made to the Vehicles shall belong to and become the property of the SCSO upon the expiration of this Agreement. The City shall be allowed to affix its official City logo conspicuously on the Vehicles during the term of this Agreement. Upon expiration or termination of this Agreement, the City shall remove said logo from the Vehicles prior to returning the Vehicles to the SCSO. 6. Vehicle Maintenance. The City, at its own cost and expense, shall keep the Vehicles in good repair, condition and working order and shall furnish any and all parts, mechanisms and devices required to keep the Vehicles in good mechanical and working order. 7. Risk of Loss. During the term of this Agreement, the City assumes and agrees to bear the entire risk of loss and damage to the Vehicles from any cause whatsoever. 8. Insurance. The City shall keep the Vehicles insured against risks of loss or damage in an amount not less than the full replacement value thereof. The City shall also carry automobile liability insurance covering the Vehicles, which coverage shall be at least as broad as Insurance Services Office (ISO) form CA 00-01. 9. Encumbrances, The City shall keep the Vehicles free and clear of all levies, liens and encumbrances. 10. Indemnity, The City shall indemnify the SCSO against, and hold it harmless from, any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including reasonable attorneys' fees, arising out of, connected with, or resulting from the City's use of the Vehicles. It is further expressly understood that the indemnification provided herein constitutes the City's waiver of immunity under the Industrial Insurance Act, Title 51, RCW, solely for the purpose of this indemnification. This waiver has been mutually negotiated by the Parties. The provisions of this section shall survive the expiration or termination of this Agreement. 11. Disputes. Any disputes arising out of this Agreement that cannot be resolved by negotiation shall be subject to suit in the Superior Court of Washington for Spokane County. The prevailing party in any litigation arising out this Agreement shall be entitled to payment for all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in exercising any of its rights or remedies hereunder or in enforcing any of the terms, conditions, or provisions hereof. 12. Prohibition Upon Assignment. Without the prior written consent of the SCSO, the City shall not (a) assign or transfer the Vehicles or any right or obligation under this Agreement, or (b) sublet or lend the Vehicles, or permit the Vehicles to be used by anyone other than the City or City's employees. 13. Ownership. The Vehicles are, and shall at all times be and remain, the sole and exclusive property of the SCSO. The City shall have no right, title or interest therein or thereto except as expressly set forth in this Agreement. 14. Non -waiver. No covenant or condition of this Agreement can be waived except by the written consent of the Parties. 15. Entire Agreement. This Agreement constitutes the entire agreement between the SCSO and the City; and it shall not be amended, altered or changed except by a written agreement signed by the Parties. Page 2 of 3 16. Notices. Notices regarding this Agreement shall be given in writing as follows: TO THE CITY: City of Spokane Valley Attn: John Hohman, City Manager 10210 East Sprague Avenue Spokane Valley, WA 99206 Email: ihohman@spokanevalleywa.gov TO SCSO: Spokane County Sheriff's Office Attn: John Nowels, Sheriff 1100 West Mallon Avenue Spokane, WA 99260 Email: JNowels@spokanesherirf.org Notices shall be delivered to the above addresses by email or USPS first class mail. Service shall be deemed completed on (1) the day it is emailed if sent before 4:30 pm on a business day; (2) the business day following the day it was emailed if sent on a non -business day or after 4:30 pm on a business day; or (3) the third business day following the date it is postmarked if sent via USPS first class mail. 17. Headings. The titles to the paragraphs of this Agreement are solely for the convenience of the Parties, and are not an aid in the interpretation of the instrument. IN WITNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT AS OF THE DATE SIGNED BY BOTH PARTIES BELOW. CITY OF SPOKANE VALLEY: Jo n Hohman City Manager Date signed: 7.16 z S SPOKANE COUNTY SHERIFF'S OFFICE: _k(_21__ John owels Spok" Cou ty Sheri Date signed: �L� Page 3 of 3 Submit to Clerk of the Board with available supporting materials (Resolutions, Agreements, Presentations, etc.) AGENDA SHEET SUBMITTING DEPARTMENT: Sheriff CONTACT PERSON. • Kevin Richey PHONE NUMBER: 509-477-3296 CHECK TYPE OF MEETING BELOW.• © Board Briefing Session Agenda BELOW FOR CLERK'S USE ONLY. Clerk's Resolution No. 25 - U 3 2 3 Approved: Majority/Unanimous Denied: Majority/Unanimous Renews/Amends No. Public Works No. Purchasing Dept. No. AGENDA TITLE (please provide a reasonably descriptive ayemla title for this item In the matter of executing an agreement between the City of Spokane Valley and the Spokane County Sheriffs Office for Vehicle Use. DESCRIPTIVE SUMMARY( please provide anticipated /fiscal and budgetary hilbrination & reason for request) • The Spokane County Sheriff's Office and the City of Spokane Valley desire to enter into an agreement for City of Spokane Valley use of two vehicles owned by Spokane County Sheriff's Office. FISCAL IMPACT (please provide anticipated fiscal and budizetary impact with amount and source offunds ii applicable): N/A REOVESTED BOARD ACTION (ifany): Approval. Other County Departments Impacted - List any other departments that were notified in advance of this agenda item: Legal and Risk Management This Item will need to be codified in the Spokane County Code: No