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.
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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.
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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.
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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.
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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
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