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HomeMy WebLinkAboutRes-2019-071 InterlocalBOARD 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 INTERAGENCY AGREEMENT BETWEEN CENTRAL WASHINGTON UNIVERSITY AND DEPARTMENT OF NATURAL RESOURCES Contract No. {o i 1 O THIS AGREEMENT ("Agreement'') is made and entered into by and between Central Washington University ("the University") nnd the Department ofNatural Resources ("DNR"). WHEREAS, DNR requires sp11ee to store helicopters used to fight wildlond fires during the fire season, WHEREAS, the University leases propeny for its Aviation program, a portion of which property is not currently being fully used to meet the University's programmatic needs, and WHEREAS, it is in the interest of bolh pnrties and the community at huge to have wildland tire-fighting helicopters located in Ellensburg during the fire season; NOW , THEREFORE, the parties agree that the University 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 THAT: STAT EMENT OF WORK :, The University will provide the following described property (''the premises"), to wit That portion of the S ½ of the SW¼ of Section 24, Township 18 North, Range 18 E.W .M., Kittitas County, Stnte of Washington, described as follows: Beginning at the SW comer of said Section 24, Thence North 1°47'30" West, a distance of JO feet; thence North 88°12'30" East, a distance of 466.77 feet, to the True Point of Beginning; thence from lhe True Point of Beginning North 88°12'30" East, a distance of363.23 feet; thence North 1°47'30" West, a distance of 110.80 feet; thence North 88°12'30" East, a distance of245.23 feet; thence North 1°47'30" West. a distance of266.39 feet; thence South 88° 12'30" West, a distance of 608 .46 feet; thence South I 0 47'30" East, a distance of 377.19 feet, more or less, to the True Point of Beginning Wld the tenninntion of this description. comprising a parcel of land containing approximately 4.65 acres. The premises arc located to the east of the property currendy leased by DNR (see Attachment A). This property is localed north of Bowers Rood adjacent to the Kittitas County Airport taxiway. DNR shall furnish the necessary personnel, equipment, material and/or service(s) and 01herwise do all things necessary for or incidental to the perfonnance of storing helicopters during the the tenn 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 responsible for maintaining the property in a manner similar to the property currently 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 attach any improvements and/or make any repairs of any nature whatsoever to said property except as specifically pennitted in writing by the University and except as mny be necessary in the interests of health, safety and welfure arising out of the use of said property. DNR agrees to keep property in o neat, clean, and orderly condition at all limes during possession, and further agrees not lo pennit rubbish; tin cans, garbage, etc., lo accumulate al any time nor to commit, suffer, or pennit 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. 1 DNR will continue lo be abh: to use temporary utilities on this property during their usoge or the aforementioned property. A portion of the above named property is also used by the Kittitas County Sheriff's office wid other public 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 OF PERF'ORMANCF. Subject to its other provisions, the period of performance oflhis Agreement shall commence on May I, 2019 and be completed on November JO, 2019, unless tenninated sooner as provided herein. This Agreement may be extended at the written B!,'l'ecrm:nt of both parties. PAYMENT There will be no monetary exchange between the panics under this Agreement. RECORDS MAINTENANGE The parties to this Agreement shall each maintain books, records, documents and other evidence which sufficiently uml properly reflect all direct and indirect costs expended by either pany in the performance of the services described herein. These records shall be subject to inspection, review or audit by personnel of both parties, other per.ionnel duly a11thori1.ed by either porty, the Office of the State Auditor, and federal officials so authorized by law. All books, records, documents, and other material relevant to this Agrccmenl will be relained for six years after expiration and the Office of the State Auditor, federal auditors, and any persous duly authorized by the pru ties shall have run access and Lbi: l'igbl lo 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 or lhc 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 opportunity to respond. Each party will utilize reasonable security procedures and protections to assure that records and documents provided by the other party ere not en"Oneously disclosed to thin! parties. RIGHTS IN DA.TA Unless 0Uu:1wise provided, dalll, which originates from this Agreement shall ht! "wurks for hire" as ucfutt:t.l by Ute U.S. Copyright Act of 1976 and shall be owned by the University. Data shall include, but not be limited to, reports, documents, pamphlets, advertisements, books magazines, !IW'Veys, studies, computer programs, films, tapes, and/or sound reproductions. Ownership includes the right lo copyright, patent, register, nnd the ability to transfer these rights. INDEPENDENT CAPACITY The employees or ngenll! of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agenL,; of the other party. AGREEMENT CHANGES, MODIFICATIONS AND AMENDMENTS This Agreement mny be changed, modified, or umended by written agreement executed by both parties. TERMINATION Either party may tcnninatc this Agreement upon 90 days' prior written notification lo the other party. 2 TERMINATION FOR CAUSE If for any cause, either party does not fulfill in a timely and proper manner its obligations under this Agn:ement, or if either party violates any of these tenns and conditions, the aggrieved party will give the other p!Ufy wrinen 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 Agn=ement may be tennlnated bnmediately by written notice of the aggrieved party to the other. DISPUTES In the event that a dispute arises under this Agreement, it shall be dctennined by 11 Dispute Boord in the following manner: Each party to this Agreement sh111l appoint one member to the Dispute Board. The members so appointed shall jointly appoint an oddilionol member lo the Dispute Board. The Dispute Board shall review the facts, agn:ement terms ond applicable statutes and rules and make a detennination ofthe dispute. The detennination of the Dispute Board shaJI 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 confonn to those laws. In the event of an inconsistency in the terms of this Agreement, or between its tcnns and any opplicable starute or rule, the inconsistency shall be resolved by giving precedence in the following order: a. Applicable state and federal statules and rules; b. Statement of work; and c. Any other _provisions of the Agreement, including materials incorporated by rcfcn:ncc. ASSIGNMENT The work to be provided under this Agreement, and any cloin1 arising thereunder, is not ossignable or delegable by eid1er party in whole or in part. without the express prior written consent of the other party, which consent shnll not be unreasonably withheld. .. WAIVER A foilure 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 wiless srnred lo 6e su ch in a writing signed by an authorii.ed representative of the party and attached to the original Agreement. SEVERAHILITY If any provision of this Agn:ement 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 confonns to the requirements of applicable lnw and the fundamental purpose of this agreement, nnd to this end the provisions of this Agreement are declared to be severable. CONTRACT MANAGEMENT The program manager for each of the parries shnll be responsible for and shall be the contact person for all communications and billings regarding the perfonnance of this Agreement. 3 The Program Manager for the Universil.y is: Greg Schwab, Department Chair, Aviation Central Washington University 400 E. University Way Ellensburg. WA 98926 (p)(509)963•1419 C rcgory,Schwqb@cwu.cllu The Prognun MllllDget for the DNR is: Nancy Shaff, Assistant Region Manager Department of Natural Resources, Southcst Region 713 Bowcl"!I Road Ellensburg, WA 98926-9301 (p)(509)92S-0961 Nnn~h.nJJ@dnr.wu.gov ALI, WRITINGS CONTAINED HEREIN Thi!I Agreement r.nnr11in~ All rht: lr.nns 11nd r.Clndilions ngn-,c.-d upon by tlie parties. No other Wlderstnndings, orul or otherwise, regarding the subject matter of this Agreement sh111I be deemed to exist or to bind nny ol"lhe parties hereto . JN WITNESS WHEREOF, the ponies hove executed this AgreemenL STATE OF WASHINGTON Ccn1ral Washington University ~ Signature Name ~ Pro y11s+ Iv~ tr;r-~ ett ; J~-IMl~L,Fe 4