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HomeMy WebLinkAboutResolution 26-085-CCGRANT COUNTY COMMISSIONERS AGENDA MEETING REQUEST FORM (Must be submitted to the Clerk of the Board by 12:00pm on Thursday) REQUESTING DEPARTMENT: Sheriffs Office REQUEST SUBMITTED BY: Beau Lamens CONTACT PERSON ATTENDING ROUNDTABLE: Beau Lamens CONFIDENTIAL INFORMATION: ❑YES NO DATE: 11/2/2026 PHONE: 5097601948 ®Agreement / Contract ❑AP Vouchers ElAppointment / Reappointment ❑ARPA Related ❑ Bids / RFPs / Quotes Award ❑Bid Opening Scheduled ❑ Boards / Committees ❑ Budget ❑ Computer Related ❑County Code ❑ Emergency Purchase ❑ Employee Rel. ❑ Facilities Related ❑ Financial ❑ Funds ❑ Hearing ❑ Invoices / Purchase Orders ❑ Grants — Fed/State/County ❑Leases ❑ MOA / MOU ❑ Minutes ❑ Ordinances ❑Out of State Travel ❑ Petty Cash El Policies El Proclamations ❑ Request for Purchase El Resolution El Recommendation El Professional Serv/Consultant ❑Support Letter ®Surplus Req. ❑Tax Levies ❑Thank You's ❑Tax Title Property ❑WSLCB Request to surplus & agreement to trade equipment between Grant County SO & Soap Lake PD. Surplus 6 shotguns and trade to Soap Lake PD in exchange for 4 pepper ball rifles. No financial expectation. If necessary, was this document reviewed by accounting? ❑ YES ❑ NO 0 N/A Lial review_ rolliF! in Ifoal Tor rp►VII W r� If necessary, was this document reviewed by legal? 0 YES ❑ NO ❑ N/A IlIUMmIIIV'11tIKI1II DATE OF ACTION: ( l� ZOZcQ APPROVE: DENIED ABSTAIN D1: D2: D3: DEFERRED OR CONTINUED TO: WITHDRAWN: 4/23/24 BOARD OF COUNTY COMMISSIONERS Grant County, Washington RESOLUTION AUTHORIZING RESOLUTION No. 26- 09>7T -CC EXECUTION OF INTERGOVERNMENTAL EQUIPMENT EXCHANGE AGREEMENT BETWEEN GRANT COUNTY SHERIFF'S OFFICE AND SOAP LAKE POLICE DEPARTMENT, DECLARING SURPLUS CERTAIN COUNTY -OWNED ITEMS AND ORDERING THE TRADE THEREOF WHEREAS, the Grant County Sheriffs Office has county -owned equipment that is no longer needed by the office for use, listed in the attached Intergovernmental Equipment Exchange Agreement; and, WHEREAS, Grant County Sheriffs Office is requesting that the Grant County Board of Commissioners declare surplus this county -owned equipment; and, WHEREAS, once declared surplus, the county -owned equipment would be transferred to Soap Lake Police Department through the Intergovernmental Equipment Exchange Agreement; and, WHEREAS, Chapter 34.39 RCW, the Interlocal Cooperation Act, permits local government entities to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage, for the purposes of providing services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, Soap Lake Police Department is authorized pursuant to Chapter 39.34 RCW to enter into Intergovernmental Agreements; and, WHEREAS, Grant County, by and through Grant County Sheriffs Office, is vested with authority to enter into an Intergovernmental Agreement pursuant to Chapter 3 9.3 4 RCW; and, WHEREAS, the purpose of the Intergovernmental Equipment Exchange Agreement is to exchange certain equipment to support their respective law enforcement operations and to maximize the use of public resources; and, WHEREAS, it is the desire of Soap Lake Police Department and Grant County, by and through Grant County Sheriffs Office, to enter into this Intergovernmental Equipment Exchange Agreement. Page 1 of 2 NOW, THEREFORE, BE IT HEREBY RESOLVED, that the county -owned equipment listed in the attached Intergovernmental Agreement be declared as surplus AND that the attached Intergovernmental Equipment Exchange Agreement between Grant County, by and through Grant County Sheriffs Office, and Soap Lake Police Department be approved. DATED this ID's' day of 4 J , 2026. ti•���� C�. ��'%, BOARD OF COUNTY COMMISSIONERS \ Yea Nay Abstain Grant County, Washington OLML •o. "1',,,lilySHING13 '••.........•• � `���. �'4�o�`° Kevin R. Bess, Chair ATTEST: Rob , �e-Chair Caitlin E. Manell ❑ Clerk of the Board •n y Caier, Memb Page 2 of 2 K26-21 0 Intergovernmental equipment Exchange Agreement I. Parties This Intergovernmental Equipment Exchange Agreement ("Agreement") is entered into by and between Grant County Sheriffs Office ("GCSO"), whose address is 1890 Nat Washington Way SE, Ephrata, WA 98823, and Soap Lake Police Department ("SLPD"), whose address is 239 2nd Ave SE, Soap Lake, WA 98851. GCSO and SLPD may be referred to individually as a Party and collectively as the Parties. Authority and Recitals The Parties enter this Agreement pursuant to the authority of RCW 39.33.010 and RCW 36.34.130, which authorize intergovernmental transfers and exchanges of property between governmental entities, and any other applicable provisions of Washington law. The Parties desire to exchange certain equipment to support their respective law enforcement operations and to maximize the efficient use of public resources. The governing bodies or duly authorized officials of each Party have approved this Agreement and the exchange contemplated herein, and the requirements of RCW 39.3 3.010 regarding intergovernmental transfers have been or will be satisfied. iI. Definitions For purposes of this Agreement: a) Shotguns means six 1 -gauge shotguns owned by GCSO, together with any standard components attached to the firearms at the time of delivery, but excluding ammunition, accessories, and non-attached components unless otherwise agreed in writing. b) Pepper Ball Guns means four non -lethal launcher devices capable of deploying pepper/irritant projectiles, owned by SLPD, together with any standard components attached at the time of delivery, but excluding projectiles, compressed gas, accessories, and non-attached components unless otherwise agreed in writing. c) Exchange means the transfer by GCSO to SLPD of the Shotguns in exchange for the transfer by SLPD to GCSO of the Pepper Ball Guns, as further described herein. d) Delivery means the physical handover of possession of the applicable equipment at the Delivery Location by the delivering Party's Responsible Personnel to the receiving Party's Responsible Personnel, accompanied by a signed receipt identifying the items delivered by make, model, and serial number where applicable. IV. Representations and Authority Each Party represents, warrants, and covenants that: a) It is a Washington governmental entity duly authorized to enter this Agreement and perform its obligations. b) The individual executing this Agreement on its behalf is duly authorized to do so. Intergovernmental Equipment Exchange Agreement - 1 c) It owns, has good title to, and has authority to transfer the equipment it is providing under this Agreement, free and clear of all liens and encumbrances. d) Execution, delivery, and performance of this Agreement do not violate any applicable law, charter, ordinance, rule, regulation, policy, contract, or court order binding upon that Party. V.Condition: As Is Transfer; No Cash. Consideration The Shotguns and the Pepper Ball Guns are transferred strictly as -.s with all faults, and with no warranties, express or implied, including any warranties of merchantability, fitness for a particular purpose, or nonmfnngement. The Parties agree that the Exchange is of equivalent value and that no cash consideration will be paid by either Party. VL Inspection on and Acceptance The receiving Party shall have the right to a reasonable pre -Delivery inspection, including verification of serial numbers where applicable.. Acceptance shall occur upon Delivery unless the receiving Party promptly rejects Delivery in writing for nonconformity to the definitions in this Agreement or for material safety concerns. If rejected, the delivering Party shall retrieve the equipment at the Delivery Location, and the Parties shall confer in good faith regarding cure or replacement. If cure or replacement is not mutually agreed, either Party may terminate this Agreement as to the rejected equipment upon written notice, without further liability. VU. Transfer of Title and. Risk of Loss Title to the Shotguns shall pass from GCSO to SLPD upon Delivery and acceptance of the Shotguns . Title to the Pepper Ball Guns shall pass from SLPD to GCSO upon Delivery and acceptance of the Pepper Ball Guns. Risk of loss shall remain with the delivering Party until. Delivery and acceptance by the receiving Party, at which time risk of loss shall pass to the receiving= Party. VIII. Delivery Logistics Delivery shall occur on or before December 1 2026 , at the Grant County Sheriff's Office and Adult Corrections Facility, 1890 Nat Washington Way SE, Ephrata,'A 98823 (Delivery Location). Each Party shall designate Responsible Personnel. for Delivery and receipt. Each Party shall, at or before Delivery, provide an itemized receipt identifying each item by make, model, and serial number where applicable, and both Parties' Responsible Personnel shall. sign and date the receipt at the time of Delivery. IX. Compliance with La Firearms Transfer; Inventory; .ecordkeeping Each Party shall comply with all applicable federal, state, and local. laws, regulations, and. policies governing the transfer, possession, transportation, recordkeepmg, and inventory control of the equipment it receives and transfers, including laws applicable to firearms and law enforcement property. Without limiting the foregoing a) The Parties shall complete and retain all records required under applicable law and internal policies for the transfer of the Shotguns. Intergovernmental Equipment Exchange Agreement -2 .b) The Parties shall update their respeotive inventories to reflect the Exchange promptly -following Delivery. c) Each Ply shall ensure that. its Responsible Personnel handling. Delivery are authorized under applicable law and policy to do so-, X. �' . arr .x�t.s--aix. ers Except asexpressly set forth in this Agreement, neither Party makes any representation or warranty of .any kind regarding the condition, performance; :fitness,merchantability; or compliance of the equipment. Each Party- acknowledges that it has had the opportunity to inspect the equipment prior to Delivery and is not relying on tany statement -or representation not expressly contained, herein. XL To the extent permitted by law- and without waiving any applicable governmental ental iruniunities or limitations, each. Party -agrees to be -responsible for -and shall defend, indemnify, and hold h.es -the other Party, its officers, 'official,. employees, 'and. agents from and. 'against elates, damages, losses,, and expenses, .including reasonable attorneys' fees 'and costs, to the extent arising out of or caused by the negligent acts or omissi us or willful misconduct of the indcnmify g Party, its officers, - officials, -employees,. or agents in connection with this Agreement -after -transfer and acceptance of title to the equipment This paragraph is not intended to benefit or create rights in any third patty. 'Neither Ply shall 'be liable to the other for any special,incidental, indirect, exerplary, -or consequential damages, ' including lost .profits . arising out of or related to this Agreement, evenif advised of the possib' .'ty of's ch damages, 'except to the extent such limitation is prohibited by law. XM insurance Each Party shall maintain, at its own expense, ns co or s tf-insurance coverage. customary for Washington governmental entities of its type that. is sufficient to address its liabilities arising out of this Agreement, including. general liability and, where applicable, law enforcement liability, for so long as this Agreement rempa.ins..in effect and for 'any relevant claims pe od thereafter, subject to the .tee and limits of the Patty's . suranee or self-insurance program. XLIL rmv.De . . This Agreement shall become effective on the later of the dates of last signature below- or such later effective date .as may be required by law following filingor posting -m. accordance with ROW . 9.34, ROT 3933.010, or other applicable statutes. The term shall continue until completion of the Exchange -and fulfillment of all post -Delivery obligations, unless earlier terminated as provided herein,. The provisions :relating to title -transfer, risk of loss, indemnification., limitations of liability, eo.11ance with law, records retention, and dispute resolution shall survive expiration or termination. Intergovernmental Equipment Exchange Agreement. XIV. Termination Prior to Delivery and acceptance, either ply may .terminate this Agreement in whole -or in. part upon written notice -to. the. other Party. After Delivery and acceptance., tetinination shall. -not unwind any transfer already completed unless mutually agreed in writing Tennination shall not relieve eitherParty of obligations that by their nature survive -termination. . XV . SDUte Resolution: venue: o � r ing:Law The Parties shall confer in good faith to .resolve any dispute ariaing under this Agreement, If they cannot resolve a dispute through negotiation, either Party may seek relief in. a cow. of competent jurisdiction This Agreement shall be governed by and construed in. accordance- with the .laws of the State of Washington. Venue -shall lie in Grant County, Washington,, X-VI'm ;Notices All notices under this Agreement shall be. mn writing and deemed given when delivered personally, sent by nationally recognized -overnight comer, or deposited. in the.Unted States mail, -postage: prepaid) certified or registered, return receipt, requested, addressed to the Parties at their respective principal offices set forth above herein, A 'Party may .ehang -its notice- address by providing notice in accordance with this sectioni :v . 'endm nt This Agreement may be amended only by a written instrument signed 'by authorized representatives -of both Parties. XVIII, Sjerbi1. If any provision of -this Agreement is found invalid, illegal, or unenforceable, 'the remaining p vision's shall remain in fall force, and effect to the fullest, extent permitted by law., and the! invalid piovisron shall be deemed modified to the minimum extent -necessary to make it valid and :enforceable, XIS:: ,n r . ►.g . °r111nt. This Agreement constitutes the entire .agreement between the Parties with respect to the subject niatterhereof and. supersedes -all prior or contemporaneous agreements,. negoti.ti+ns representations, and understandings, whether written or oral, relating to. the Exchange, XX. Co n ntCrplJ�jiture Ibis Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Signatures •es transmitted electronically or by fellable digital or facsimile means shall be deemed original signatures for all purposes. XXI. Non Waiver No 'waiver of -any breach or default shall be effective unless in 'writing and signed by the waiving Party. No waiver of any breach or -default shall be deemed a waiver of any subsequent breetor default. Intergovernmental Equipment Exchange Agreement - 4 { E I i t Neither Party may assign_ or transfer this Agreement or any rights or obligations hereunder withoutthe prior written consent of the other. Party, and arty attempted assignment in violation of this section shall be void. xm. Pub& LCO.fl1S The Parties ackiow1cdge .that they are subject to Washington's public records laws and that documents related to this.Agreennent'niay be subject to disclosure in _accordance with applicable law. Each. Patty shall be responsible for responding to public records requests dated to it. XXIV. N�1iscrimination Jn performing' this Agreement, each Party shall comply with all applicable federal, .state, .and local ti ndisc iru ation laws and regulations, and shall not dserimir ate on -the basis of: race. color, national origin, • sex, gender identity, sexual orientation,, religion age, disability,. Veteran status, :or any other protected status under applicable law. IN WITNESS WHEREOF, the- Parties have executed this. Agreement as of the dates set forth below, Grant County Sheriff's Office City of Soap Lake, Washington, by' and 'through the Soap Lake Police By: Dat (-, ,,.(,.... Data Intergovernmental Equipment Exchange Agreement 5 DATED this %l day of D U ,. 2(26. COMMISSIONERS®�� O A�, C� UNTY Yea Grant County, Washington Nay Abstain 1 r' • to • :tl• �. Kevin -R Burge , Chiit• �""ayS �„"e _ •.......... ��® ATTEST: altli an.ell Clerk of the Board Approve�,�rEo dorm.: 9rBovierVT acv l D put r roseeutxng Attorney Intergovernmental Equipment Exchange Agreement -6 Record of Exchange .(tobomn1eted at Delivery): 1. Shotguns transferred by GCSO to SLPD: Make/Model/Serial Nos.: .gmington 870 Shotgun. R.ifies T266062V, D218902M, V87402 V, T265970V, D004845M, V8 9737V 2. Pepper Ball Guns transferred by SLPD to GCSO: Make/Model/Serial Nos.: PAINTBALL Rifles P43-4560 P4,3-3394. P4.3-4415, P4.3-3566 3. Delivery Location: 4. Date and Time of Delivery: 5, GCSO Responsible Personnel (print/sign): 6. SLPD Responsible Personnel (print/sign)-, Intergovernmental Equipment Exchange Agreement -7 RESOLUTION NO. 20264048 A RESOLUTION DECLARING CERTAIN PERSONAL PROPERTY SURPLUS AND AUTHORIZING THE SALE AND OR DISPOSAL THEREOF 1. The City owns certain personal property items described as follows: "P INTBALU" launcher kit (kit consisting of launcher, attached air tank, magazines each and three soft cases) with the following serial numbers and city identification -tags. P43-4560 SL# 000514 P43-3394 SL# 000511 P4.3-4415 SL#000515 P433566 L 000 520 2. The foregoing personal property items have been decommissioned and are surplus to the needs of the City and may be disposed of in any commercially reasonable manner. . The Mayor, or his designee, should be authorized to sell the personal property items in any commercially reasonable manner and execute necessary documents to complete the sale and conveyance of the personal property items. These items will be processed through a trade for 6 12 gauge shot guns with the Grant County Sheriff's Office in Ephrata Washington. 1. The above described personal property items owned by the City are hereby. declared to be surplus to ,the needs of the City and may be disposed of in any commercially reasonable manner. 2 The Mayor, or his designee, is hereby authorized to sell the personal property items in any commercially reasonable manner and to execute necessary documents to complete the sale and conveyance of the personal property items. ADOPTED by the City Council of the City of Soap Lake, Washington, this 7th day of October, 2026. Peter Sharp, Mayor ATTEST r S 7 dy' ert, Administrative Assistant 3 Page 2 of 2