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HomeMy WebLinkAboutSH17-022 DEPT OF ARMY LICENSE-Fully Executed LicenseJBLM 17-13 DEPARTMENTOF THE ARMY LICENSE YAKIMA TRAININGCENTERMILITARYINSTALLATION YAKIMA AND KITTITASCOUNTIES,WASHINGTON THE SECRETARYOF THE ARMY,hereinafter referred to as the Secretary,or duly authorized representativeunder authority of the General AdministrativePowers of Secretary,hereby grants to Kittitas County Sheriff's Office,hereinafter referred to as the grantee,a non-exclusivelicense for use of ranges for law enforcementtraining over, across,in and upon lands at Yakima Training Center Military Reservation,Washington, hereinafter referred to as the premises. THIS LICENSE is granted subjectto the followingconditions. 1.TERM This license is granted for a term of one year,beginning 1 JULY 2017 and ending 30 JUNE 2018,but revocable at will by the Secretary of the Army.It is authorized for no more than seven (7)consecutive days and no more than 30 days for the term. 2.CONSIDERATION a.The grantee shall pay in advanceto the United States the amountof Waived and NO /100 DOLLARS ($0.00),(in full for the term hereof) (payable )to the order of the Finance and Accounting Officer, District,and delivered to . b.All consideration and other payments due under the terms of this license must be paid on or before the date they are due in order to avoid the mandatorysanctions imposed by the Debt Collection Act of 1982,(31 U.S.C.Section 3717).This statute requires the imposition of an interest charge for the late paymentof debts owed to the United States;an administrativecharge to cover the costs of processing and handling delinquentdebts;and the assessmentof an additional penalty charge on any portion of a debt that is more than 90 days past due.The provisions of the statute will be implemented as follows: (1)The United States will impose an interest charge,the amountto be determined by law or regulation,on late payment of debts.Interest will accrue from (the due date)(the later of the due date or the date notification of the amount due is mailed to the grantee).An administrativecharge to cover the cost of processing and handling each payment will also be imposed. 1 (2)In addition to the charges set forth above,the United States will impose a penalty charge of six percent (6%)per annum on any payment or portion thereof,more than ninety (90)days past due.The penalty shall accrue from the date of delinquency and will continue to accrue until the debt is paid in full. (3)All payments received will be applied first to any accumulated interest, administrativeand penalty charges and then to any unpaid rental or other payment balance.Interest will not accrue on any administrativeor late payment penalty charge. 3.NOTICES All notices and correspondence to be given pursuant to this license shall be addressed,if to the grantee,to Kittitas County Sheriff's Office,307 W.Umptanum Rd.,EIIensburg,Washington 98926.POC,Deputy Benjamin Corbett,Primary Phone Number:509-306-1118,and if to the United States,to Public Works,ATTN: IMLM-PWM,Box 339500,MS 17,Joint Base Lewis-McChord,Washington 98433- 9500;or as may from time to time otherwise be directed by the parties.Notice shall be deemed to have been duly given if and when enclosed in a properly sealed envelope addressed as aforesaid,and deposited,postage prepaid,in a post office regularly maintained by the United States Postal Service. 4.AUTHORIZEDREPRESENTATIVES Except as otherwise specifically provided,any reference herein to "Secretary", "InstallationCommander",or "said officer"shall include their duly authorized representatives.Any reference to "grantee"shall include any duly authorized representatives. 5.SUPERVISION BY THE INSTALLATIONCOMMANDER The use and occupation of the premises shall be subjectto the general supervision and approvalof the InstallationCommanderhereinafter referred to as said officer,and to such rules and regulations as may be prescribed from time to time by said officer. 6.APPLICABLE LAWS AND REGULATIONS The grantee shall comply with all applicableFederal,state,county and municipal laws,ordinances and regulationswherein the premises are located. 7.CONDITIONALUSE BY GRANTEE The exercise of the privileges herein granted shall be: a.without cost or expenseto the United States; 2 b.subjectto the right of the United States to improve,use or maintain the premises. c.subject to other outgrantsof the United States on the premises. d.personal to the grantee,and this license,or any interest therein,may not be transferred or assigned. 8.CONDITIONOF PREMISES The grantee acknowledgesthat it has inspected the premises,knows its condition, and understandsthat the same is granted without any representations or warranties whatsoeverand withoutany obligationon the part of the United States. 9.COST OF UTILITIES The grantee shall pay the cost,as determined by the officer having immediate supervision over the premises,of producing and/or supplying any utilities and other services fumished by the Govemmentor through Govemment-ownedfacilities for the use of the grantee,including the grantee's proportionate share of the cost of operation and maintenance of the Government-ownedfacilities by which such utilities or services are produced or supplied.The Governmentshall be under no obligationto furnish utilities or services.Payment shall be made in the mannerprescribed by the officer having such jurisdiction. 10.PROTECTIONOF PROPERTY The grantee shall keep the premises in good order and in a clean,safe condition by and at the expenseof the grantee.The grantee shall be responsible for any damage that may be caused to property of the United States by the activitiesof the grantee under this license,and shall exercise due diligence in the protection of all property located on the premises against fire or damage from any and all other causes.Any property of the United States damaged or destroyed by the grantee incident to the exercise of the privileges herein granted shall be promptly repaired or replaced by the grantee to a condition satisfactory to said officer,or at the election of said officer, reimbursement made therefore by the grantee in an amountnecessary to restore or replace the property to a condition satisfactory to said officer. 11.INDEMNITY The United States shall not be responsiblefor damages to property or injuries to persons which may arise from or be incident to the exercise of the privileges herein granted,or for damages to the property of the grantee,or for damages to the property or injuries to the person of the grantee's officers,agents,or employeesor others who may be on the premises at their invitation or the invitation of any one of them,and the 3 grantee shall hold the United States harmless from any and all such claims not including damages due to the fault or negligence of the United States or its contractors. 12.RESTORATION On or before the expiration of this license or its terminationby the grantee,the grantee shall vacate the premises,removethe property of the grantee,and restore the premises to a condition satisfactory to said officer.If,however,this license is revoked, the grantee shall vacate the premises,remove said property and restore the premises to the aforesaid condition within such time as the Installation Commandermay designate.In either event,if the grantee shall fail or neglect to remove said property and restore the premises,then,at the option of said officer,the property shall either become the property of the United States without compensation therefor,or said officer may cause the property to be removed and no claim for damages againstthe United States or its officers or agents shall be created by or made on account of such removal and restoration work.The grantee shall also pay the United States on demand any sum which may be expendedby the United States after the expiration,revocation,or terminationof this license in restoring the premises. 13.NON-DISCRIMINATION The grantee shall not discriminate againstany person or persons or excludethem from participation in the grantee's operations,programs or activities because of race, color,religion,sex,age,handicap or national origin in the conduct of operationson the premises.The grantee will comply with the Americans with Disabilities Act and attendantAmericans with Disabilities Act Accessibility Guidelines (ADAAG)published by the Architectural and TransportationBarriers Compliance Board. 14.TERMINATION This license may be terminatedby the grantee at any time by giving the Installation Commanderat least ten days'notice in writing provided that no refund by the United States of any consideration previously paid shall be made and provided further,that in the event that said notice is not given at least ten days prior to the rental due date,the grantee shall be required to pay the consideration for the period shown in the Condition on CONSIDERATION. 15.ENVIRONMENTALPROTECTION a.Within the limits of their respective legal powers,the parties to this license shall protect the premises against pollutionof its air,ground and water.The grantee shall comply with any laws,regulations,conditions,or instructions affecting the activity hereby authorized if and when issued by the EnvironmentalProtection Agency,or any Federal,state,interstate or local govemmentalagency having jurisdictionto abate or prevent pollution.The disposal of any toxic or hazardous materialswithin the premises 4 is specifically prohibited.Such regulations,conditions,or instructions in effect or prescribed by said EnvironmentalProtection Agency,or any Federal,state,interstate or local governmentalagency are hereby made a condition of this license.The grantee shall not discharge waste or effluent from the premises in such a mannerthat the discharge will contaminate streams or other bodies of water or otherwise become a public nuisance. b.The grantee will use all reasonable meansavailableto protect the environment and natural resources,and where damagenonethelessoccurs from the grantee's activities,the grantee shall be liable to restore the damagedresources. c.The grantee must obtain approvalin writing from said officer before any pesticides or herbicides are applied to the premises. 16.HISTORIC PRESERVATION The grantee shall not remove or disturb,or cause or permit to be removed or disturbed,any historical,archeological,architectural or other cultural artifacts,relics, remains or objects of antiquity.In the event such items are discovered on the premises, the grantee shall immediatelynotify said officer and protect the site and the material from further disturbance until said officer gives clearance to proceed. 17.DISCLAIMER This license is effective only insofar as the rights of the United States in the premises are concemed;and the grantee shall obtain any permit or license which may be require by Federal,state,or local statute in connection with the use of the premises.It is understood that the granting of this license does not preclude the necessity of obtaining a Department of the Army permit for activitieswhich involvethe discharge of dredge or fill material or the placement of fixed structures in the waters of the United States, pursuant to the provisions of Section 10 of the Rivers and Harbors Act of 3 March 1899 (33 USC 403),and Section 404 of the Clean Waters Act (33 USC 1344). 18.SPECIAL CONDITIONS a.Access to the Yakima Training Center Military Reservationwill be coordinated with Range Operations prior to all entries on to said military reservationlands. b.A copy of this license and the approved land request from Range Operations will be carried by the grantee while on Yakima Training Center Military Reservation. c.The grantee shall comply with all land use requirements in place when in use. d.Use must be scheduled in advance with Range Operations. 5 e.All use of Yakima Training Center ranges,as well as all handling,movementand storage of explosivesand other hazardous materialson Yakima Training Center,is subject to U.S.Army,installation ManagementCommand,and Yakima Training Center regulations and range Standing Operating Procedures.Grantee shall conform to those or obtain approval from the Joint Base Commander for any issues or activities related to range use that does not conform to these standards. f.Grantee shall designate a grantee range Officer In Charge (OIC)and Range Safety Officer (RSO)to Range Control,and shall certify to Range Control those designated personnel have completed National Rifle Association or equivalent training for the weaponsto be fired,and shall certify the designated RSO has completed National Rifle Association or equivalenttraining as a Range Safety Officer. g.Grantee shall designate a grantee range Officer in Charge (OIC)and Range Safety Officer (RSO)to Range Control,when using Selah Airstrip and shall certify to Range Control those designated personnel have completed Washington State Certified Emergency Vehicle Operations Course (EVOC)training. h.Grantee shall coordinate any desired media involvementwhile on Yakima Training Center with the Joint Base Lewis-McChord Public Affairs Officer (PAO).No media shall be permitted on the base without prior approvalfrom the PAO. i.Grantee agrees to inform all people entering onto Yakima Training Center land under this agreement of the need for UnexplodedOrdinance (UXO)awareness training prior to entry onto the installation.Training is located at the following link: http://www.lewis-mcchord.army.millsafety/Paqes/All/UXO.aspx THIS LICENSE is not subject to Title 10,United States Code,Section 2662,as amended. 6 IN WITNESS WHEREOF,I ave hereunto set my hand by authority of the Secretanj of the Army,this 06 day of \/2017. Mike K.Barton' Real Property Officer Joint Base Lewis-McChord THIS LICENSE is also executed by the grantee this b y of 2017. Signature Typed or Printed Name and Title 7 BOARD OF COUNTYCOMMISSIONERS COUNTYOF KITTITAS STATE OF WASHINGTON RESOLUTIONNO.2017-Ì Í S A RESOLUTION AUTHORIZINGEXECUTION OF A LICENSE BETWEEN THE DEPARTMENT OF THE ARMY,YAKlMA TRAINING CENTER MILITARY INSTALLATION;AND YAKIMA AND KITITTAS COUNTIES,WASHINGTON WHEREAS,RCW 39.34,the Interlocal Cooperation Act,provides the capability for public agencies to cooperate by providing services and facilities for mutual advantage; and WHEREAS,the Secretary of the Army (Secretary),or duly authorized representative of the Secretary,hereby grants Kittitas County Sheriff's Office a non- exclusive license for use of lands at the Yakíma Training Center Military Reservation, Washington,as described in the license document,a copy of which is attached hereto and incorporated for reference;and WHEREAS,this license is granted for a term of one (1)year,beginning July 1, 2017 and ending June 30,2018,with no cost to the Kittitas County Sheriff's Office and with all conditions as described in the license document;and NOW,THEREFORE,BE 1T RESOLVED AND IT IS HEREBY ORDERED,that the License document for use by the Yakima Training Center Military Installation be accepted, and the Sheriff is authorized to sign such document. ADOPTED this day of )pt \)2017. BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY,WASHINGTON ABSENT P irman Laura z Obie O'Brien,Commissioner APPROVED AS TO FORM: F THE BOARD J Ile A.Kjorsvi Deputy Prodecuting Attorney RECEIVED RESOLUTION KITTITAS UNT SH