HomeMy WebLinkAboutResolution Consenting to Airport Property Sublease 04-26-2017BOARD oF couN-ry coMMissioNERs
COUNTY OF KITTITAS
STATE OF WASHINGTON
RESOLUTION NO, 2017-
A Resolution Consenting to lnterlocal Agreement
WHEREAS, Kittitas county, and central washington university (CWU) entered into a Lease
on March 10,1992; and
WHEREAS, That lease requires the prior written consent of the County before CWU can
sublet the subject property; and
WHEREAS, That lease provides that the premises shall be used only for education purposes;
and
WHEREAS, Cwu desires to enter into an lnterlocal agreement with the Department of
Natural Resources (DNR) whereby the DNR would park a helicopter on a portion
of CWU's leased premises for the fire season; and
WHEREAS, Though the lnterlocal agreement is not a lease, it is also not an educational use,
therefor potentially requiring the County's assent; and
WHEREAS, Kittitas county finds such interlocal agreement to be in the public interest.
NOW, THEREFORE, BE IT RESOLVED, that Kittitas County hereby consents to the proposed
interlocal agreement contemplated and described in Exhibit "A" that is attached hereto and
incorporated herein by this reference.
ADOPTED this 2017.
BOARD OF COUNTY COMIvllssIONERS
KITTITAS COUNTY, WASHINGTON
Paul Jewell, Chairman
Laura Osiadacz, Vice-Chairman
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Contract No.
INTERAGENCY AGREEMENT
BETVIEN
CENTRAL WASHINGTON UNIVERSITY
AND
DEPARTMENT OF NATURAL REsOURCES
TIIIS AGREEMENT (`Agreement") is made and entered into by and betveen Central Washington
University ("the University") and the Department of Natural Resources ("DNR).
WHEREAS, DNR requires space to store helicopters used to ficht wildland fires during the fire season,
WIIEREAS, the University leases property for its Aviation program, a portion of which property is not currently being
fully used to meet the University's progranmatic needs, and
WIHREAS, it is in the interest of both parties and the community at large to have wildland fire-fighting helicopters
located in Ellensburg during the fire season;
NOW, TIHREFORE, the parties agree that the Universfty will provide space for helicopter storage on the premises
listed below, in exchange for DNR providing full maintenance of said premises.
THEREFORE, IT IS MUTUALLY AGREED TIIAT:
STATEMENT 0F WORK
The University will provide the following described property (`the premises), to wit:
That portion of the S I/2 of the SW % of Section 24, Township 18 North, Range 18 E.W.M., Kittitas County,
State of Washington, described as follows:
Beginning at the SW comer of said Section 24, Thence North 1°47'30" West, a distance of 30 feet; thence
North 88°12'30" East, a distance of 466.77 feet, to the True Point of Beginning; thenee from the True Point of
Beginning North 88°12'30" East, a distance of 363.23 feet; thence North 1°47'30" West, a distance of Ilo.80
feet; thence North 88°12'30" East, a distance of 24523 feet; thence North 1°47'30" West; a distance of 266.39
feet; thence South 88® 12'3U" West, a distance of 608.46 feet; thence South lu47'30" East, a distance of 377.19
feet, more or less, to the True Point of Beginning and the termination of this description, comprising a parcel of
land containing approxinately 4.65 acres.
The premises are located to the east of the property curently leased by DNR (see Attachment A). This property is
located north of Bowers Road adjacent to the Kittitas County Airport taxiway. DNR shall furnish the necessary
persormel, equipment, material and/or service(s) and otherwise do all things necessary for or incidental to the
performance of storing helicopters during the the term of this Agreement. The helicopters will be stored from
approximately mid-May until the end of october of each fire season covered by this Agreement.
DNR will be respousfole for maintaining the property in a manner similar to the property cunently leased to DNR by the
County. DNR agrees to be respousfole for control of noxious weeds to the edge of the property line. DNR will not
attach any improvements and/or make any repairs of any nature whatsoever to said property except as specifically
permitted in writing by the University and except as may be necessary in the interests of health, safety and welfare
arising out of the use of said property. DNR agrees to keep property in a neat, clean, and orderly condition at all times
during possession, and further agrees not to permit rubbish, tin cans, gafonge, etc., to accumulate at any time nor to
commit, suffer, or permit any waste of said property or any acts to be done in violation of any laws or ordinances, and
not to use or permit the use of said premises for any illegal or immoral purposes.
DNR will continue to be able to use temporary utilities on this property during their usage of the aforementioned
property.
A portion of the above named property is also used by the Kittitas County Sheriffs office and other put)lie agencies for
driver training. DNR agrees to work with the University and affected public agencies to move helicopters safely away
from the area used for driver training when the area is needed.
PERIOD 0F PERFORMANCE
Subject to its other provisions, the period of performance of this Agreement shall commence on May 1, 2017 and be
completed on November 30, 2017, unless terminated sooner as provided herein. This Agreement may be extended at
the written agreement of both parties.
PAYRENT
There will be no monetary exchange between the parties under this Agreement.
RECORDS MAINTENANCE
The parties to this Agreement shall each maintain books, records, documents and other evidence which sufficiently and
pproperly reflect all direct and indirect costs expended by either party in the performance of the services described herein.
These records shall be subject to inspection, review or audit by personnel of both parties, other personnel duly
authorized by either party, the Office of the State Auditor, and federal officials so authorized by law. All books, records,
documents, and other material relevant to this Agreement will be retained for six years after expiration and the Office of
the State Auditor, federal auditors, and any persons duly authorized by the parties shall have full access and the right to
examine any of these materials during this period.
Records and other documents, in any medium, furnished by one party to this agreement to the other party, will remain
the property of the furnishing party, unless otherwise agreed. The receiving party will not disclose or make available
this material to any third parties without first giving notice to the furnishing party and giving it a reasonable opporfunity
to respond. Each party will utilize reasonable security procedures and protections to assure that records and documents
provided by the other party are not erroneously disclosed to third parties.
RIGHTS IN DATA
Unless otherwise provided, data, wliich originates from this Agreement shall be "works for hire" as defined by the U.S.
CCop)right Act of 1976 and shall be owned by the University. Data shall include, but not be linited to, reports,
documents, pamphlets, advertisements, books magazines, surveys, studies, computer programs, films, tapes, and/or
sound reproductions. Ownership includes the right to copyright, patent, register, and the ability to transfer these richts.
INDEPENDENT CAPACITY
The enxployees or agents of each party who are engaged in the performance of this Agreement shall continue to be
eernployees or agents of that party and shall not be considered for any purpose to be employees or agents of the other
party.
AGREEMENT CHANGES. MODIFICATIONS AND AMENDMENTS
This Agreement may be changed, modified, or amended by written agreement executed by both parties.
TEI-ATI0N
Either party may terminate this Agreement upon 90 days' prior written notification to the other party.
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TERMINATION roR cAusE
If for any cause, either party does not fulfill in a timely and proper manner its obligations under this Agreement, or if
either party violates any of these terms and conditions, the aggrieved party will give the other party written notice of
such failure or violation. The respousfole party will be given the opportLmity to correct the violation or failure within 15
working days. If failure or violation is not corrected, this Agreement may be terminated immediately by written notice
of the aggrieved party to the other.
DISPUTES
In the event that a dispute arises under this Agreement, it shall be dctermined by a Dispute Board in the following
manner: Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall
jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, agreement terms
and applicable statutes and rules and make a determination of the dispute. The detemination of the Dispute Board shall
be final and binding on the parties hereto.
GOVEENAINCE
This Agreement is entered into pursuant to and under the authority granted by the laws of the State of Washington and
any applical]1e federal laws. The provisions of this Agreement shall be constnred to confom to those laws.
In the event of an inconsisteney in the terms of this Agreement, or between its tens and any applicable statute or rule,
the inconsistency shall be resolved by giving precedence in the following order:
a. Applicable state and federal statutes and rules;
b. Statement of work; and
c. Any other provisions of the Agreement, including materials incorporated by roference.
ASSIGnrmNT
The wolk to be provided under this Agreement, and any claim arising thereunder, is not assignal]le or delegable by
either party in whole or in part, without the express prior `whtten consent of the other party, which consent shall not be
Lureasonal]ly withheld.
A failure by either party to exercise its rights under this Agreement shall not preclude that party from subsequent
exercise of such rights and shall not constitute a waiver of any other rights under this Agreement unless stated to be such
in a writing signed by an authorized representative of the party and attached to the original Agreement.
SEVERE-
If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid,
such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid
provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this
agreement, and to this end the provisions of this Agreement are declared to be severable.
CONTRACT MANAGEMENT
The program manager for each of the parties shall be responsible for and shall be the contact person for all
communications and billings regarding the performance of this Agreement.
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lnteragency Agreement No.
Page 4 of 4
The Program Manager for the University is:
Sundaran Nataraja, Chair, Department of Aviation
Central Washington University
400 E. University Way
Ellensbng, WA 98926-7515
a) (509) 963-2386
(I) (509) 963-2377
Sundaran.Nataraja@cwu.edu
The Program Manager for the DNR is:
Nancy Shaff, Assistant Region Manager
Deparment of Natural Resources, Southest Region
7 1 3 Bowers Road
Ellensburg, WA 98926-9301
®) (509) 925-0961
(I) (509) 925-8522
Nancy.Shaffi@,dnr.wa.gov
ALL WRITINGS CONTAINED HEREIN
This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or
otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto.
IN WITNESS WHEREOF, the parties have executed this Agreement.
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STATE OF WASHINGTON
Central Washington University
Signature
Title
STATE OF WASHINGTON
Department of Natural Resources
Signature
Date