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HomeMy WebLinkAboutRes-2019-071 Assent to Interagency AgreementBOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESOLUTION NO. 2019-ftf / A RESOLUTION GRANTING ASSENT 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 assent to these agreements in the past, and continues to believe such agreements are in the public good and so desires to grant such assent for future fire seasons. Now, Therefore, Be it Resolved: The BOCC hereby grants its assent to the agreement between CWU and DNR attached hereto as Exhibit "A" and for such similar agreements between CWU and DNR for future fire seasons, provided that such agreements are not significantly different from the attached Exhibit "A". DATED th is , 2019 at EI lens bur g . W ashingt0n. BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON Brett Wac smitJi, Vice-Chair ~omntlssion 111111 • LFII Tll++' 1 il j,.I.Oqrryr 91 1116 111111 061 T LiiiJ l i Epplrp L �`i •� 1 - �aammqpiiiiiiiiiiiiiiii 1LAmmq�i� 7"�01 1111L� 1111%1111111. Ll 1 1 IM 11 111111 1111 Y`Tr 1 RI Ili -W. Ai r, .~�•�r J runs 1` 11 -do �r -6 �� r 1"Lr ■ L.L Lt •1 L f r EEC71R11 :q ��1TfF INTERAGENCY AGREEMENT BETWEEN CENTRAL WASHINGTON UNIVERSITY AND DEPARTMENT OF NATURAL RESOURCES Contract No. 6870 THIS AGREEMENT ("Agreement") is made nnd entered into by and between Central Washington University ("the University") and the Department of Natural Resources ("DNR"). · WHEREAS, DNR requires space to store helicopters used 10 fight wildland fires during the fire season, WHEREAS, the University leases property for its Aviation program, a portion of which property is not currently being [ully used to meet the University's programmatic needs, and WHEREAS, it is in the interest of both parties and the community al large to have wildlnnd fire-fighting helicopters located in Ellensburg during the fire season; NOW, THEREFORE, the parties agree that the University will provide space for helicopter slornge on the premises listed below, in exchange for DNR providing full maintenance of said premises. THEREFORE, IT IS MUTUALLY AGREED THAT: STATEl\lIENT OF WORK The University will provide the following described propcny ("the premises"), 10 wit: That portion of the S ½ of the SW¼ 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 foet; thence North 88°12'30" East, n distance of 466.77 feel, to the True Point of Beginning; thence from the True Point of Beginning North 88°12'30" East, a distnnce of363.23 feet; thence North 1Q47'30" West, a distance of 110.80 feet; thence North 88°12'30" East, a distance of 245.23 feet; thence North l 0 47'30" West, a distance of 266.39 feet; thence South 88°12'30" West, a distance of 608.46 feet; thence South l 0 47'30" 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 approximately 4.65 acres. The premises arc located to the east of the property currently leased by DNR (see Attachment A). This property is loc ated nm1h of Bowers Roud adjacent to the Kittitas County Airport taxiway. DNR shall fumish the necessary personnel, equipment, material and/or scrvice(s) and otherwise do all things necessary for or incidental to the performance of storing helicopters during the the 1cnn of this Agreement. The helicopters will be stored from approximately mid-May until the end of Oc1ober of each tire season covered by this Agreement. DNR will be responsible for maintaining the property in a manner similar to the property cuITently leased to DNR by the County. DNR agrees to be responsible for control of noxious weeds to the edge of the property line. DNR will not auach 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, garbage, etc., to accumulate at any time nor lo commit, suffer, or pennit any waste of said property or any acts to be done in violation of any laws or ordinances, and not 10 use or permil lhe use of said premises for any illegal or immoral purposes. 1 DNR will continue to be able to use temporary utilities on this property during their usage of the aforcnientioncd property. A portion of the ahuvc named property is also used by the Kittitos County Sheriff's office ond 01h1.-r public agcncici; for driver training. DNR agrees to work with the University and nffoctctl public agencies to move hclic_opt<trs safely away rr0.m the area used for driver training whim !he arc.a is needed. PERlOD OF PERFORMANCE Subject to its olhcr provisions, the period of pcrfonnuncc or lhis Agrci.'fllcnt shall commence on May I, 2019 and be completed on November 30, 2019, unless tc nnh'tJllct.l sPQncr as provid ed herein. This Agreement may be extended at the written agreement or both parties. PAYMENT There will be no monetary exchange between the parties under this Agreement. RECORDS MAINTENANCE The panics 10 U1is Agrecmcni shnll coch maintain books reconls, documents ond other evidence which sufficiently and prop~rly rcncct nil direct Md indirect coSiS expendt!d by cilhc;r pruty in l11 c -pcrformancc ol1 lhc ·scrvioes described herein. 11nisc records shall be subjccl to inspection, review or audit by personnel of both parties, other personnel duly authorized by either party, !he Office of the State Auditor, arid federal orftcio.ls so nulhorizcd 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 run access and the right to examine any of these materials during this period. Records ilnd 01.1\er doculll\!nts, in any medium, furnished by one party 10 this ugreement to the o.thcr pwty, will remain the propert}' of the rumishing pnrty; unless otherwise agreed. The r1.-ceiving party will not disclose or mnkc available this materiol 10 ony third parties without first giving notice 10 the fu.rn1:1hi11g p-.u-ly umJ giving ii n rensonublc opportunity to respond. Each party will utilize reusonuble security procedures and protections to assure that records and documents provided by the other pnrtr are not erroneously disclosed 10 lhird parties. RIGHTS lN DATA Unless otherwise provided, data, which originntes from this Agreement shall be "works for hire" us defined by the U.S. Copyright Act of 1976 and sliull be owned by the Univ~rsity, Dnia shall include, but not be limited to n::parls , documents, pamphlets, advertisements, books magazines, surveys1 studies, computer programs., films. tn~. und/or sound reproductions. Ownership includes the right 10 copyright. putcnt, register, and the ubility 10 tntnsfer these rights. INDEPENDENT CAPACITY The employees or agents of each party who are engugcd in the performance of this Agreement shall continue to be cmpluy~cs ui ugcnls 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 wriuen agreement executed by both parties. TERMINATION Either party may terminate this Agreement upon 90 days' prior written notification to the other party. 2 TERMINATION FOR CAUSE If for any cause, either party docs not fulfill in a timely and proper manner its obligations under this Agreement, or if either party violates any of these tenns and conditions, the aggrieved party will give the other party written notice of such failure or violation. The responsible party will be given the opportunity to con-ect 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 lo the other. DISPUTES In the event that a dispute arises under this Agreement, it shall be detennined by a Dispule 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 Dispule Boord. The Dispute Board shall review the facts, agreement terms and applicable statutes and rules and make a c.letennination of the dispute. The detennination of the Dispute Board shall be final and binding on the parties hereto. GOVERNANCE This Agreement is entered into pursuant to and under the authority granted by the laws of the State 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 terms of this Agreement, or between its terms and any applicable stntule 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 reference. ASSIGNMENT The work to be provided under this Agreement, and any claim arising thereunder, is not assignable 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 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. 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 rcmaind..:r confonns to the requirements of applicuble law and the fundamental purpose of this agreement, and to tl1is end the provisions of this Agreement are declared to be sever:ible. 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. 3 The Pr gr;_1m Manager for lhc University is: Sundaram Nataraja, Chair, Dcpartmt:nt of Aviation Central Washington University 400 E. University Way Ellensburg, WA 98926-7515 (p) (509) 963-2386 (0 (509) 963-2377 Sunda ram.Nalura jg@cwu.e du The Program Manager for the DNR is: Nancy Shaff, Assistant Region Manager Department of Natural Resources, Southest Region 713 Bowers Road Ellensburg, WA 98926-930 I (p) (509) 925-0961 (t) (509) 925-8522 Nqn cy.S huff@clnr.wa .gov ALL WRI TINGS CON TAINED HEREIN This Agreement contains all the 1enns and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding thi: 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 STA TE OF WASHINGTON Central Washinglon Univcrsi1y 0 -S-ig_n_a,-u-re ______________ _ Name Title Date STA TE OF WASHINGTON 4 .1 .... )_ ~J • • ,._ I • 1 I I ·1 - ' I I I 1 i • I '