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HomeMy WebLinkAboutRes-2018-090 Interagency Agreement DNRBOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESOLUTION NO. 2018· 0 (;J 0 A RESOLUTION GRANTING ASCENT TO AN INTERAGENCY AGREEMENT BETWEEN CWU AND DNR WHEREAS, Kittitas County owns and operates its airport and industrial area; and WHEREAS, Central Washington University (CWU) has a lease for a portion of that area, said lease requiring the County assent to any subletting or sublicensing; and WHEREAS, CWU has , in the past entered into agreements with the Department of Natural Resources (DNR) granting the DNR permission to park its helicopters on the premises leased by CWU during the fire season; and WHEREAS, Kittitas County has granted its ascent to these agreements in the past, and continues to believe such agreements are in the public good and so desires to grant such ascent for this fire season. Now, Therefore, Be it Resolved: The BOCC hereby grants its ascent to the agreement between CWU and DNR attached hereto as Exhibit "A." , 2018, at Ellensburg, Washington. BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON Obie O 'Brien, Vice-Chair ~issioner INTERAGENCY AGREEMENT BETWEEN CENTRAL WASHINGTON UNIVERSITY AND DEPARTMENT OF NATURAL RESOURCES Contract No. {o 87 Q THIS AGREEMENT ("Agreement") is made and entered into by and between Central Washington Univers_ity ("the University") and the Dcpanmenl of Natural Resources ("DNR"). WHEREAS, DNR requires space to store helicopters used to fight wildland fires during the fire season, WHEREAS, the University leases propcny for its Aviation program, a ponion of which property is not currently being fully used to meet the University's programmatic needs, and WHEREAS, it is in the interest or both parties and the community at large to have wildland lire-fighting helicopters located in Ellensburg during lhe lire season; NOW, THEREFORE, the parties agree that the University will provide space for helicopter storagc on the premises listed below, in exchange for ONR providing Cull maintenance of said premises. THEREFORE, IT IS MUTUALLY AGREED THAT: STATEMENT OF WORK The University will provide the following described property ("the premises"), to wil: That portion of the S ½ of the SW 1/4 or Section 24, Township 18 North, Range 18 E.W .M., Kittit11S County, S1111e or Washington, described as follows: Beginning al 1he SW corner or said Section 24, Thence North 1"47'30" West. a distance or 10 feel; thence North 88°12'30" East, a distance or 466.77 feel, to the True Point of Beginning; !hence from the True Point of Beginning North 88° 12'30" East. a distance of 363.23 feel; thence North I 0 47'30" West, a distance of 110.80 feet; !hence North 88°12'30" East, a distance of 245.23 feel; thence Nonh I 0 47'30" Wesl, a distance of266.39 feet: thence Sou1h 88° 12'30" West, a distance of 608.46 feet; thence South I 0 47'30" East, n distance of377. I 9 feet, more or less, to the True Point of Beginning and the tennination of this description, comprising a parcel of land containing approximately 4.65 acres. The premises arc located to the east of the property currently leased by DNR (see Attachment A). This property is located north of Bowers Rond adjacent to the Kittitas Coun1y Airport taxiway. DNR shall furnish 1hc necessary personm:I, equipment, material and/or scrvice(s) and otherwise do 1111 things necessary for or incidental 10 the performance of storing helicopters during the the term of this Agreement. The helicopters will be stored from approximately mid-May until lhe end of October of each fire season covered by this Agreement. DNR will be responsible for maintaining the property in a manner similar to the property currently leased to DNR by the County. ONR agrees to be responsible for control of noxious weeds to the edge of the property line. DNR will not allach any improvements and/or make any repairs of any nature whatsoever to said property except a-. specifically permiued 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, garbage, etc .• to accumulate at any time nor to commit, suffer, or permit any waste of said property or any acts to be done in violotion of any laws or ordinances, and not lo U8e or permit tJu: ug~ of said premisus for ,my illegal or immoral purposus. , DNR will continue lo be able to use temporary utilities oo this property during 1heir usage of !he aforementioned property. A portion of the above named property is also used by the Kittitas County Sheriffs offict: and other public agencies for driver training. ONR agrees to work wi1h the Univer.;ity nnd affected public agencies to move helicopters safely away from the area used for driver training when the area is ncedcd. PERIOD OF PERFORMANCE Subject to its other provisions, the period of perfonnancc of this Agreement shall commence on Mny I, 2018 and be completed on November 30, 2018, unless terminatcd sooner as provided herein. This Agreement may be extended at 1he written agreement of hoth panics. PAYMENT There will be no monclary exchange bctwcen the parties under this Agreement. RECORDS MAlNTEN NCE The parties lo this Agrcemenl shall each maintain books, records, documents nnd other evidcnce which sufficiently and properly rcncct all direct and indirect costs expended by either party in the pcrrormance of the services described herein. These n:cords shall be subjecl 10 inspection, review or audit by personnel of both parties, other personnel duly authorized by either party, lhc ortice of the Slate 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 Oflicc of the State Audi1or, federal auditors, and any persons duly authorized by the parties shall have rull access and lhc right 10 examine any uf these mutcrials during this period. Records and other documents, in any medium, furnished by one party to this agreement to the other party. will remain 1hc property of the furnishing party, unless otherwise agreed. The receiving party will not disclose or make available 1his material to any 1hird parties without first giving notice to the furnishing party and giving it a reasonable opportunity to respond. Each party will utilize reasonable security procedures and protcclions lo assure that records and <locurnun~ provided by the other party arc not erroneously disclosed to third parties. RIGHTS IN DATA Unless otherwise provided, data. which origina1es from this Agreement shull be "works for hire" as defined by the U.S. Copyrighl Act of 1976 and shall be owned by the University. Data shall include, but not he limited to, reports, documents, pamphlets, o.dvcnisemcnts, books magazines. surveys. studies, computer programs, films, Ulpes, and/or sound reproductions. Ownership includcs the right to copyright, patent, register, and the ability lo transfer thcst: rights. INDEPENDENT CAPACITY Th1: employees or agents of ench party who arc engaged in the performance of this Agreemcnl shall continue to be employees or agents of 1hu1 pany and shall not be considered for any purpose to lie employees or agents or the other party. GREEMENT CHANOES, MODlFICA This Agreement may be changed, modified, or amended by written agreement execu1ed by both parties. TERMINATION Either party may tcnninale this Agreement upon 90 days' prior wrillen notification lo !he other party. 2 . TERMINATiON FOR CAUSE If for any cause, eilher party does nol fullill in a timely and proper manner its obligations under this Agreement, or if either party violalcs any of these terms and conditions, the aggrieved pany will give the other pany written notice of such failure or violation. The responsible party will be given the opportunity to correct the violation or failure within 15 working days. If failure or violation is not corrected, this Agreement may be tennina1cd immediatdy by written notice of the aggrieved pany to the other. DISPUTES In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The members so appoinled shall jointly appoint an additional member lo the Dispute Board. The Dispute Board shall review the facts, agreement temtS and applicable statutes and rules and make a de1ennination of the dispute. The dctennination of the Dispute Board shall be final and binding on the parties hereto, GOVERNANCE This Agreement is entered inlo pursuant to and under the authority granted by the laws of the Slate of Washington and any applicable federal laws. The provisions of this Agreement shall be construed to conform to those laws. In the event of an inconsistency in the tenns of this Agreement, or between i1s 1crms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: a. Applicable stale and federal statutes and ruli:s; b. Statement of work; and c. Any other provisions of the Agreement, including materials incorporaled by reference. ASSIGNMENT The work to be provided under this Agreement, and any claim arising thereunder, is not assignabh: or delegable by either party in whole or in part, without the express prior written consent of the other party, which consent shall not be unreasonably withheld. WAIVER A failure by either party lo exercise its rights under this Agrcl!ment shall not preclude that party from subsequent e;,i;ercise of such rights and shall not constitute a waiver of any othl!r righlS under this Agreement unless staled 10 be such in a writing signed by an authorized representative of the party and attached to the original Agreemem. SEVERABILITY 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 applicabll! law and the fundamental purpose of d1is agn:emenl, and lo 1his end the provisions of this Agreement are declared Lo be severable. CONTRACT MANAGEMENT The program manager for each of the parties shall be responsible for and shall be the contact person for aH communications and billings regarding the performance of1his Agreement. 3 ~ I (.) ,..,,... I --r ~ \) The Program Manager for 1he University is: Sundaram Na1araja, Chair, Department of A vi at ion Central Washington University 400 E. University Way Ellensburg, WA 98926-7515 (p) (509) 963-2386 (0 (509) 963-2377 The Program Manager for the DNR is: Nancy Shaff, Assistant Region Munager Department of Nalural Resources, Southest Region 713 Bowers Road Ellensburg, WA 98926-930 I (p) (509) 925-0961 (f) (509) 925-8522 !'ii.lnc:,.Slt ,111'11• d nr.w 1. ov AL L WRJTJNCS CONTAINED HEREfN This Agreement contains all the terms and conditions 11greed upon by the parties. No other understandings, oral or otherwise, regarding the subjccl mallcr of this Agreement shall be deemed to exist or to hind any of the parties hereto. IN WITNESS WHEREOF, lhc parties huve citccu1cd this Agreement STA TE OF WASHINGTON Central Washmglon University ------ Signature -Name Title - Dale 4 STA TE OF WASHINGTON Dz \IIIClll of Natunil Rcsources ~~~:.=.....,--- Signature S.f:_~~------SfiyA Title Date .L:.