Resolution No require two pieces of armor, which is paramount to the safety of the operators;

(1)

Resolution No. 2370

A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN

INTERLOCAL AGREEMENT FOR THE PURCHASE AND MAINTENANCE OF SWAT

ARMORED VEHICLES

WHEREAS, SWAT callouts in Cowlitz County require armored vehicles and it is recognized that no single agency should bear the expense of providing this necessity to law enforcement staff assigned to the SWAT team; and

WHEREAS, Lower Columbia SWAT responds to requests in any

jurisdiction in Cowlitz County and historically has never charged any of the non- participating agencies for this service; and

WHEREAS,

the large agencies in Cowlitz County have borne the

expense of armored vehicles in addition to personnel costs.

Nearly all missions require two pieces of armor, which is paramount to the safety of the operators;

and

WHEREAS, Cowlitz County and the cities of Longview, Kelso, Castle Rock,

Kalama, Woodland, and Cowlitz County District 2 Fire and Rescue wish to enter into an

interlocal agreement to jointly purchase and maintain one SWAT armored vehicle and jointly pay for the maintenance of a second armored vehicle currently owned by Cowlitz County.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of

Longview as follows:

Section 1. The City Manager is authorized to execute the agreement with Cowlitz County and the cities of Kelso, Castle Rock, Kalama, Woodland, and Cowlitz County District 2 Fire and Rescue , which is attached as Exhibit A,

and forming a part of this Resolution.

PASSED by the City Council of Longview, Washington, and approved by its

Mayor this

10

_day of

AA. ^s- ^k-

^2021.

ci\ GIAA JAA,Lo_ W- ^221, ^iA)

Mayor

ATTEST:

(2)

Ze

Q City ^Clerk

(3)

LEN O

Quotation: 18974F

ARMORED X VEHICLES

Protecting Our Nation'sDefenders'*' Customer Code: KELWA

10 Betnr Industrial Drive- Pittsfield, MA 01201 Quotation Date: 5/ 13/ 2021

PH( 413) 443- 7359- FAX( 413) 445- 7865 Lenco Tax ID#: 04- 2719777

Bill To Ship To

Kelso Police Department Kelso Police Department

201 S. Pacific Ave. 201 S. Pacific Ave.

Kelso, WA 98626 Kelso, WA 98626

Payment Terms Shipping ^Terms Ship Via

Net 30 Days FOB: Destination Common Carrier

Estimated Completion Inhouse Contact Inspection& Acceptance

I 1 Months ARO( Est.) Jim Massery At Lenco' s Facility in Pittsfield, MA

Item: Product# Qty ^{Unit Price} ^Extension

Lenco BearCat BC55003 1 $ 200,704.00

I $

200, 704. 00

Paint Color: Army ^Green( Lusterless) 18- 1027

LED Lights: Red& Blue

Options:

G3 4- Wheel Off- Road Upgrade Pkg^wiRun- ^Flats ^BC3WOFFRD I $ 34, 958. 00 $ 34, 958. 00

Diesel Engine, 6. 7L Turbo BCDLEN I $ 8, 895. 00 S 8, 895. 00

Back up Camera System with Monitor BCBU I $ 2, 297. 00 $ 2, 297. 00

Radio Prep ^Package ^BCINSRA ^{I $} ^502.00 $ 502. 00

Rear A/C- Heating ^System: ^High Capacity ^BCHAC I $ 2,972.00 $ 2, 972. 00

4- Door Configuration BC4DR I $ 7, 858. 00 $ 7, 858. 00

Roof Mounted Remote Control Spot Light- LED BCSLLED 1, 404. 00 $ 4, 212. 00

Thermal Image& ColorCamera w/Flat Screen Color Monitor BCTI I $ 31,585. 00 $ 31, 585. 00

Hydraulic Front Mounted Receiver with Ram Post and Plate BCHYDRAM I $ 12, 479. 00 $ 12, 479. 00

MedEvac Benches WI stretcher restraints BCMEDBENCH I $ 3,264.00 $ 3, 264. 00

IV Hooks BCIVHOOK I $ 700. 00 $ 700. 00

Trauma Lighting( 6) Overhead Dome White w/Hi/ Low/ Red BCLTMED I $ 2, 498. 00 $ 2, 498. 00

VSP Style Low Profile& Scene Lighting Pkg ^BCVSPL I $ 4, 068. 00 $ 4, 068. 00

BearCat( Configuration Subtotal) I $ 316,992.00 $ 316, 992. 00

Notes: Subtotal S 316, 992. 00

Tax iscombined rate ofWA state tax( 6. 5%)+ Kelsotax( 1. 6%). Shipping& Handling $ 14, 500. 00 Tax $ 26, 850. 85

Total Order $ 358, 342. 85 WARNING: Information Subject to Export Control Lacs

The written approval of the Directorate of US Defense Trade Controls and Lenco Industries, Inc. must he 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 this quotation or entering into a purchase agreement with Lenco, the purchaser agrees to Lenco' s full Terris and Conditions of Sale, available upon request. This quote will be valid for 90 days.

ACCEPTANCE OF PROPOSAL-

Authorized Authorized

Pat Nada etet

Signature: Signature:

Please Signand Return Jim Massery

Thank You

Page 1 of1

(4)

Cost Allocation Worksheet— Exhibit B

B C D E

Monthly

Population % of population pmt Annual pmt Total pmt

County ⁴⁹¹⁰⁵ 43. 92% 1223 14676 146760

Kelso 12410 11. 10% 309 3708 37080

Kalama 3065 2. 74% 75 900 9000

Longview 38530 34. 46% 961 11532 115320

Castle Rock 2250 2. 01% 56 672 6720

Woodland 6440 5. 76% 162 1944 19440

Total 111800 100 2786 33432. 00 334320. 00

Payment to match Kelso payment and to be used towards debt service and/ or

Cowlitz 2 Fire maintenance) 309 3708 37080

Note: Population figures were provided by the Washington Office of Financial Management

2021.

(5)

INTERLOCAL AGREEMENT

I. PARTIES

The parties to this Agreement are: City of Longview, Washington, City of Kelso, Washington, City of Castle Rock,

Washington, City of Kalama, Washington, City of Woodland, Washington.

II. AUTHORITY

This Agreement is entered into pursuant to Revised Code of Washington( RCW) Chapter 39. 34,

III. PURPOSE

The parties hereto desire to jointly purchase and maintain one SWAT armored vehicle, and to jointly pay for the

maintenance of a second armored vehicle currently owned by Cowlitz County. These armored vehicles are for use

by the Lower Columbia SWAT team, an interagency team established by separate interlocal agreement.

IV. STATEMENT OF PROBLEM

SWAT callouts in Cowlitz County require armored vehicles and it is recognized that no single agency should bear the

expense of providing this necessity to law enforcement staff assigned to the SWAT team. Lower Columbia SWAT

responds to requests in any jurisdiction in Cowlitz County and historically has never charged any of the non-

participating agencies for this service. The large agencies have borne the expense of armored vehicles in addition

to personnel costs, Nearly all missions require two pieces of armor, which is paramount to the safety of the

operators.

V. OBLIGATIONS OF THE PARTIES

1. Each Party to this Agreement agrees to pay to reimburse Cowlitz County for the purchase and maintenance of one armored vehicle, as well as pay for the maintenance of the 2012 Lenco bearcat armored vehicle currently in use and owned and maintained by Cowlitz County, in accordance with the terms and

conditions set forth herein.

2. The armored vehicle purchased shall have the specifications as set forth in Exhibit A, Lenco Quotation, attached hereto and incorporated by this reference.

3. Cowlitz County agrees to obtain financing and to purchase the armored vehicle through the State of Washington' s Certification of Participation Program via a low interest bond with a ten- year term; the purchase shall be in accordance with all state and County bidding requirements.

4. Cowlitz County further agrees to establish an account for the funding, repayment, maintenance and property insurance of the armored vehicles pursuant to this Agreement. Property insurance obtained under this agreement will not provide liability coverage for claims arising from the deployment of the vehicles. Liability for deployment of the vehicles shall be governed by separate SWAT ILA.

S. Each Party to this Agreement shall pay for their proportional share of the purchase, maintenance, repair, and property insurance of the armored vehicles by making payments no less frequently than annually in accordance with Exhibit B, Cost Allocation Worksheet, as attached hereto and incorporated by this reference. Payments shall be made to Cowlitz County on or before December 3155 of each year to be placed into the fund established by this Agreement.

6. Cowlitz County shall use the fund to pay for any costs of debt service on the bond as well as maintenance, repair, licensing, and property insurance for the two armored vehicles. All costs shall be reviewed and approved by the executive board of the Lower Columbia SWAT team prior to payment from the fund.

7. The Parties agree that the armored vehicles shall be owned by Cowlitz County.

8. Cowlitz County shall also store the vehicles and make them available for use by the Lower Columbia SWAT

team.

(6)

9. The Parties further agree that the armored vehicles will be assigned to the Lower Columbia SWAT Team to be called into use at their direction and control.

10. The Parties agree that the payment schedule in Exhibit B may need revision from time to time based on actual cost to purchase, maintain, repair, or insure the armored vehicles. Such revisions must be agreed to in writing by each of the Parties to be effective.

VI. DURATION

The Term of this Agreement shall be for a period of ten( 10) years, commencing upon execution of this Agreement by all of the parties hereto. No later than ninety( 90) days prior to the end of the first Term, the Parties agree to confer on whether any amendments are necessary and the parties may amend or terminate the Agreement as

provided in Paragraph VIII ( Termination). If not amended or terminated, this Agreement shall automatically be

extended for successive one- year periods. Any one or more of the participating entities may give notice of intent to terminate participation in the interlocal at the conclusion of the first ten-year term or at the conclusion of any one-year extension. Any such notice of termination shall be in writing and delivered to all of the other parties

hereto not less than 90 days prior to the effective date of such termination.

VII. GOVERNANCE

The fund shall be administered by Cowlitz County but authority to utilize these funds shall be shall be with SWAT Executive Board as defined in the most current SWAT ILA. Cowlitz County shall perform maintenance and repairs

to both armored vehicles and shall bill reasonable expenses to this account. Cost recovery will be evaluated annually and this Agreement will be evaluated for sufficiency at that time.

VIII. TERMINATION

Termination shall be in accordance with those notice procedures set forth in section VI( Duration) above and only after the conclusion of the ten year term, or the full repayment of any amounts financed by the County for the purchase of the armored vehicles. Upon termination, the armored vehicles shall be owned by Cowlitz County. . Upon termination, any assets other than the armored vehicle purchased pursuant to this agreement shall be disposed of and the proceeds divided among the parties in accordance with their proportional shares as set forth

in Exhibit B

IX. ALTERATIONS

This Agreement may be modified, amended, or altered by the parties hereto and such alteration, amendment, or modification shall be effective when reduced to writing and executed by all of the parties hereto.

X. FILING

Upon execution hereof, this Agreement shall be filed with the appropriate City, County and State agencies responsible for retaining such documents as may be required by law.

Xl. SEVERABILITY

If any part, paragraph, section or provision of this Agreement is held to be invalid by any court of competent

jurisdiction in the State of Washington, such adjudication shall not affect the validity of any remaining section, part or provision of this Agreement.

XII. PARTICIPANT AUTHORIZATIONS

This Agreement shall be executed on behalf of each municipal and county government entity by its duly authorized representative and pursuant to appropriate approval of the legislative bodies of each party. This Agreement shall be deemed adopted on the date of execution by the last so authorized representative,

XIII. LIABILITY

(7)

Each participating entity promises to hold harmless and release all the other participating entities from any loss,

claim or liability arising from or out of the negligent tortious actions or inactions of its employees, officers and officials while assigned to or providing services in connection with this Agreement. Any such liability shall be the responsibility of the requesting jurisdiction or, at fault persons or entities, in accordance with the laws of the State

of Washington.

Nothing herein shall be interpreted to:

Waive any defense arising out of RCW Title Si.

Limit the ability of a party to exercise any right, defense, or remedy which a party may have with respect to third parties or the officer( s) whose action or inaction give rise to loss, claim or liability including, but not limited to an assertion that the officer( s) was acting beyond the scope of his or her employment.

XIV.

COOPERATION IN DEFENSE OF LAWSUITS

The participating entities and their respective defense counsel shall, to the extent reasonably possible and consistent with the best interests of their respective clients, cooperate in the defense of any lawsuit arising out of this Agreement and agree, wherever possible, to share non-attorney fee related costs such as record gathering, preparation of trial, exhibits, the retention of payment of expert witnesses and the costs of deposition reporting

and transcription.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date that is hereafter

shown alongside the signatures of their respective authorized officers.

CITY 0 LONGVIEW, WASHINGTON CITY OF KELSO, WASHINGTON

ei Zi II

Robert Huhta, Pot eChief Date D. rKirk, ofch 'f Da

S.-

^t x ItK.. ari

Name, City^Manager Date Name, City^Manage at•

f

i

^r ^A:^Ar

^12,.

Name, ity^{Clerk $} rate _ame,

City ^ler Date

kt

NaCDe, it Attorney ate Na e,City Attorney Date

CITY OF WOODLAND, WASHINGTON CITY OF KALAMA, WASHIGTON

i/^{i. ,„//}

7,,//'

Jim Kell P. C/hiie Date Ralpyh r er olive ' f Date

Nam.., CityMagagap... Date Adam Smee Cit Administrator Date

ear 7 4,

^ezz./.^{4' ,„}

Name, City-C- " 1"4, 40 ' Date Coni McMaster, City^Clerk Date

7 ₇

Name, City Attorney Date SatjSatt4fietttj- City _ttorney Date

(8)

CITY OF CASTLE ROCK, WASHINGTON BOARD OF COMMISSIONERS, COWLITZ COUNTY, WASHINGTON

ALA...410.... 13

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204, 1

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^{Police C '} ef ` Date Brad Thurman, Sheriff Date

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Name, City^Manager ^Date t:•`N` , Commissioner Date

CjAiii e 71 a147-— /

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Name, City ^Clerk Date Name, Commissioner

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Date

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Name, City Attorney ^Date ^Name,

CoC'

mmissioner Date

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3i- 2.02.1

(9)

Exhibit A

E

Quotation: 13974F

ARMORED+. Vriittc46•

110.1; 410wNrdl,nsll•lra,Aa,'- CUaoolet Code: KELWA

10 Beta Iduscu1Dnve— Pittsfield MA 01201 Quotation Date: 5') 3+2021

PR( 413) 443. 7359— FAL•(413)445.7865 Lenco Tate IDI: 04. 2719777

I ^{Bill To} I I gin 14

Kelso Police Department Kelso Police Deism: Maent

201 S. Pacific Ave. 201 5. Pacific Ave,

Kelso, WA95626 Kelso, WA 98626

Payment Terns ShippingTerms Ship Via

Net30 Days FOB: Destination Common Catrin

Estimated Completion Inhouse Contact Inspection& Accepts ore

11 Months ARO( to) Jima',Ussery At Lenco% Facility is Pittsfield MA

tea Preetut0 Q' ^L'^aiiWit ^t ^Twenties

Lear* Brutal BC 55003 1 I ^S ^{200, 703.}001 ^S 200, 704. 00

Paint Color.ArmyGreen(Lusterless) 11. 1027 LED Lights. Red R 81st(

Canons.

034-WheelOff-Read UpgradePkg^w•.^Run-Flats BC 3WOFFRD 1 $ 34,958.00 1 31.958 00

Diesel Ea331e.6.71. Tutbo BCDLE7i 1 S 8. 895,00 1 8, 895.00

Sack up C^auras ^Systems^With^Monitor ECM:, 1 S 2.29700 S 2, 297.00

RadioPrep^Package ^BCD:SRA ^I ¹ ^{502. 00} ^S 502. 00

Rear AC- RentingSystem: Rigs C*pmts.' BC HAC 1 S 2972,00 5 2, 972, 00

4-DoorConLFuretion BC4DR 1 $ 7,858. 00 3 7,858.00

Roof Mounted RemoteCoaaolSpotLight- LED BCSLLED 1 S 1,^401.00 5 4, 212. 00

Thermal Wage: Color CamarawTzar Sattn Color Mosutor BCT1 1 S 31.585 00 1 31, 585.00

Hydraulic Front Mounted Recerverwith RamPostladPlate BCHYDRA. tf 1 S 12,479. 00 1 12. 47900

MedEs-acBenchesw stretchy resuaults BCNEE DBE`: CH _ 1 S 3,264. 00 5 3, 264.00

WHooks BCII' HOOK 1 $ 700. 00 $ 700. 00

Trauma Lighung(⁶⁾Overhead DomeWhitew-HiLow•Red BCLTMED 1 $ 2.498.00 S 2, 49800

S' 8PStyle Low PtoOle& Scene Lighting PkS BC\' SPL I S 4,068.00., $ 4. 06800

BearCat( Configuration Snbtatal) J ^{1 )?} ^S ^314,991.⁰⁰J ¹ 316, 991. 00

Notes: Subtotal S 116, 992. 00

Tax iscombined tateofIVA; tate tau(6. 55.)- Ke1:otar.(1. 6! i). ShippingtHandling 5 14, 500. 0! 0

Tax 1 26,850 85

Total Order S 363, 342. 85 WARNING', lnfartnerioe Subject to Export( email Laws

The Written animal of the Directorate of I'S Defense' Dade Casuols rd Lecco Industries. Int, mux be ot.unecl be' ae rete] ug. unstaring. art:sslipaieg of disposing^{of a}^def^mu ^articleto any end use.end tat ofdetunatian otherleanas statedon thisLeto quoteorthestip' even decluatioc in caws where en ecta:? tion is chimed under this sibctsapter 1TAR 123 9(A)

Acceptance of this g•aotanen int ettentf into a partiteite aEree: cot With Lenco. the puchnef agrees to Lentos tt1 Term( ted Condemn; of Sale. 3v t b: e upon even. Ttit gnat Will be valid for 93 days

ACCEPTANCECE OF PROPOSAL—

Authoriaed Authorized

nitit Iltaddet#