HomeMy WebLinkAbout2017-06-12-minutes-public-works-study-sessionKITTITAS COUNTY COMMISSIONERS
Public Works Study Session
Regular Meeting
Monday June 12, 2017 - 1:30 PM
Commissioners' Auditorium
205 West 5th Room 109 - Ellensburg
1. Call to Order
2. Request to Approve a Lease Amendment with Sierra Romeo LLC for Lot H-31 of the
Kittitas County Amended Binding Site Plan at Bowers Field.
3. Resource Sharing Interlocal Agreement with the City of Ellensburg Discussion.
4. Other business
5. Adjourn
Created on 6/9/2017 9:15.15 AM
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9
KIMTASCOIA V
K11TT11T2kI3 COUNTY
DEPARTMENT OF PUBLIC WORKS
Mark Cook, Director
STUDY SESSION MINUTES
June 12, 2017
THOSE PRESENT: Paul Jewell, Laura Osiadacz, Obie O'Brien (BOCC); Mark
Cook (DPW); Dan Carlson, Mike Flory, Steph Mifflin
(CDS)
REQUEST TO APPROVE A LEASE AMENDMENT WITH SIERRA ROMEO LLC FOR
LOT H-31 OF THE KITTITAS COUNTYAMENDED BINDING SITE PLANAT BOWERS
FIELD:
Mark stated that the Board of County Commissioners may recall that in late of 2016, Public
Works worked with the Lessee of the main hangar to affect a property transfer between Midstate
Aviation, the Fixed Based Operator at the Airport, and Central Washington University. That
resulted in Central Washington University assuming Midstate Aviation's lease for the main
hangar which creates opportunity for their flight training program. As part of that larger deal,
Midstate Aviation through Sierra Romeo approached Public Works subsequent to the deal and
asked to enter into a land lease to construct a new hangar facility. The Board of County
Commissioners saw that project as favorable and approved the lease. Mark added that what has
since transpired is that in order for Sierra Romeo (Ron Mitchell) to benefit from a land exchange
the lease agreement needs to be in a LLC hand's for a period of time. Mr. Mitchell is proposing
that the lease be amended recognizing that Sierra Romeo be taken off the lease and his LLC of
Vemopal LLC as the Lessee. The lease amendment was then presented to the Board of County
Commissioners for consideration. Discussion was held.
Board Direction:
Commissioner Osiadacz made a motion to approve the lease amendment as presented and
Commissioner O'Brien seconded the motion. Lease Amendment was approved as
presented.
RESOURCE SHARING INTERLOCAL AGREEMENT WITH THE CITY OF
ELLENSBURG DISCUSSION -
Mark reported that in 2002 the Board of County Commissioners and the City of Ellensburg
entered into a Resource Sharing Agreement wherein both parties lay out how billings are
processed for services. The center piece for this discussion is the annual chipseal program where
the City engages the County to maintain their road network. Mark continued that Director
Lyyski approached him with a consideration to amend the existing agreement in two ways.
First there is a thirty (30) day invoicing requirement in the 2002 agreement that both ourselves
411 N. Ruby, Suite #1 TEL (509) 962-7523
Ellensburg, WA 98926 FAX (509) 962-7663
Dept. of Public Works
Page 2
and the City don't hit consistently as a business practice and that has to do with the way our bills
come in mid -month and the processing timelines for our finance department. We both recognize
that is something the City and County would like to eliminate. The next piece has to do with
capping our labor and fringe benefits at 15%, we do that for each other but in Public Works we
run about 30% and it's a significant hit to drop it that much. The current agreement proposal
maintains that 15%, however, Mark is hoping for a conversation with the Board of County
Commissioners to affirm that this is their desire going forward. The other piece we altered
recently that the City has not formally embraced is the materials also to be added into the
agreement for 15% cost recovery. What the Department is doing is we are moving the chip seal
program from a buy rock as needed into an inventory program. The reason for this is because we
don't always have the quantities readily available from the supplier. Staff believes this is a good
year to migrate the program into a more formalized inventory based program. Therefore, we will
always have rock stored and available. What will happen as we build those inventories we will
pull out of that the stockpile as we contract with the City at a last year's pricing and we may have
to buy more materials at a higher cost. The City is reluctant to consider the 15% cost recovery
on the material. Commissioner Jewell stated that the second issue can be addressed by simply
saying the current market rate or the price paid, whichever is higher. Discussion was held.
Commissioner Jewell added that as far as the labor and fringe benefits piece there is absolutely
no way we should be charging 15% if we are in the 30% range. The work we do for the City for
maintenance of their roads should be at cost recovery. Further discussion was held.
Board Direction:
Discuss with City of Ellensburg and make discussed changes and present for consideration
at an Agenda Session. If the City of Ellensburg does not agree to the changes take action to
terminate existing agreement.
OTHER BUSINESS.
Flooding Update:
Mark stated that Naneum Creek continues to surge around both ends of the Bar 14 Bridge. Staff
has not been able to get into the water due to high flows. The one thing that staff did do last
week was take advantage from the County Road Administration Board's (CRAB) offer to use
their drone in the upper watershed. Staff drove into the upper watershed to define the course for
the drone flight. Several videos were taken and the upper watershed does not show the kind of
stress staff expected to see. The bedload at Bar 14 suggests that there was a larger erosion event
from the fire several years ago and the slopes are well vegetated and that stream is not moving
the rock. Mark continued that staff will be monitoring the road crossings at Thomas Road as
well. Mark stated that the aggregate production seems to be mined from Thomas Road to Bar 14
Road. As part of the hydraulic project approval from WDFW staff is committed to bring them a
plan July 1, 2017 and that plan may center around community outreach with requests to gain
access to some of the private land to access for flood damage. Discussion was held.
411 N. Ruby, Ste. #1 TEL (509) 962-7523
Ellensburg, WA 98926 FAX (509) 962-7663
Dept. of Public Works
Page 3
Nelson Siding Road Traffic:
Mark stated that over the weekend multiple residents left messages regarding the weekend traffic
on Nelson Siding Road. Some of the residents were complimentary to the Sheriff Deputies
doing speed enforcement however; they are now stating that this last weekend they have seen
people urinating and defecating on the county road and in private driveways. Mark continued
that this is not an issue to be enforced by Sheriff Deputies. He did spend some time researching
the statute and found in Chapter 46 of the Revised Code of Washington the manner that Public
Works can close roads. Staff could argue that the additional weekend traffic is causing increased
deterioration of the County road. Mark added that he also looked at whether or not the local
Health Officer has any authority in statute with the sanitation issue. Staff could look at closing
the road to local traffic only on the weekends. Commissioner Osiadacz responded that she has
seen video of the traffic on the road and it was at a standstill. She inquired as to if working with
Washington State Department of Transportation (WSDOT) on a solution to this issue. Mark
replied that once they are off the freeway it is no longer WSDOT jurisdiction, however, we could
inquire as to using some of their signage. Commissioner Jewell asked if bringing WSDOT in for
a meeting and making them aware of the problem and ask if they are willing to provide some
solution. Discussion was held. Board direction: Contact WSDOT to engage in discussion
regarding the issue.
2017 Bridge Inspection Update:
Mark stated that staff was noticed last year by the Washington State Department of
Transportation Bridge Inspection Division that the county bridges needed to be re -rated due to
the Federal Government has allowed special heavy vehicle loads on our structures. This will be
a multi-year effort and staff has prepared a task order with our structural consultant and it is in
the $100,000 range. Discussion was held.
Memorandum of Understanding with Federal Highway Administration — Teanaway Hydraulics
Grant:
Mark spoke as to the initial grant and that the Federal Highway Administration was obligated to
deliver the project. As staff starting working with them it's become apparent to him and Luke
Huck, County Engineer that we are in a better position to deliver the project than the federal
government due to our location, local knowledge, land acquisition and we are in a better position
to negotiate with local residents. Staff made our case to the Federal Highway Administration
several months ago and late last week they agreed. They sent a Memorandum of Agreement to
migrate the project from the Federal Highway Administration to Public Works/Kittitas County.
Mark continued that there will be some financial negotiations and will present to the Board for
signature at a later date. Discussion was held.
411 N. Ruby, Ste. #1 TEL (509) 962-7523
Ellensburg, WA 98926 FAX (509) 962-7663
Dept. of Public Works
Page 4
Badger Pocket Commercial Vehicle Loads:
Mark reported that recently staff has been receiving growing community complaints about
commercial vehicle traffic. There are several commercial operations in the area including a hay
press and rock quarries. Staff is seeing some damage to the road network including stress cracks
from heavier loads. Currently, we have no way to manage this and there is no Commercial
Vehicle Officer in the County. Mark stated that he previously mentioned funding the position in
Public Works. That would be the only we could start getting some control over the super loads
that are breaking the network. He continued that this would be a robust work program and staff
would need some time to develop it and have a broader discussion with the Board of County
Commissioners. Discussion was held.
� M 4 Ni
Mark Cook, Director
411 N. Ruby, Ste. #1 TEL (509) 962-7523
Ellensburg, WA 98926 FAX (509) 962-7663
KITTITAS COUNTY AIRPORT
DEPARTMENT OF PUBLIC WORKS
ADDENDUM TO LEASE
THIS ADDENDUM TO LEASE is made and dated this i 2 -',')day of
2017, by and between KITTITAS COUNTY, a municipal corporation in the State of Washington,
hereinafter referred to as the LESSOR, and VERNOPAL LLC, and hereinafter referred to as the
LESSEE.
WITNESSETH:
WHEREAS, LESSOR and SIERRO ROMEO (LESSEE) entered into a lease agreement
on April 1, 2017, and the LESSOR desires that the lease agreement with the LESSOR shall be
between VERNOPAL LLC and Kittitas County NOT between SIERRA ROMEO and Kittitas
County, a copy of which is attached hereto and by this reference incorporated herein;
NOW, THEREFORE, IT IS HEREBY AGREED by and between the parties to change the
LESSEE for Lot H-31 (as shown on the Kittitas County Amended Binding Site Plan BS -10-00001,
as recorded June 28, 2010, in Book 11, pages 249-255, County of Kittitas, State of Washington)
from SIERRA ROMEO to VERNOPAL LLC.
All other terms and conditions of the aforementioned lease shall remain the same.
IN WITNESS WHEREOF, the Lessor and Lessee have signed their names and affixed their seals
the day and year first above written.
�.�G0UtiTY CO ,.
0 4�
L,' Attest .....: `\`;.
rrPAHkNAc, °
rKGeak,N3ithe Board- Julie Kjorsvik
❑ Deputy Clerk of the Board- Mandy Buchholz
LESSOR:
BOARD OF COUNTY COMMISSIONERS
Obie O'Brien, Commissioner
L SE
Lessee
G(c-. -7
Date Signed
KITTITAS COUNTY AIRPORT
-: DEPARTMENT OF PUBLIC WORKS
LEASE
THIS LEASE made and entered into this 1st day of April, 2017 by and between
Kittitas County, a municipal corporation in the State of Washington, hereinafter referred
to as the LESSOR, and Sierra Romeo, LLC, hereinafter referred to as the LESSEE.
WITNESSETH:
The Lessor hereby agrees to lease to the Lessee, and the Lessee hereby agrees to
lease from the Lessor, the following described real property (hereinafter the `Property'):
See Exhibit "A" attached hereto, also described as:
Lot H-31, as shown on the Kittitas County Amended Binding Site Plan BS -10-00001, as
recorded June 28, 2010, in Book 11, pages 249-255, County of Kittitas, State of Washington.
Containing 16,988.4 sq ft, or .39 acres more or less.
This lease is made in accordance with Chapter 2.81 KCC. This lease is subject to the
provisions of Chapter 59.12 RCW as currently existing of hereafter amended.
TERM: The term of this lease shall be 75 years and will commence on the 1st day
of April, 2017.
2. RENT: Rent shall be paid in advance on an annual basis, with the first payment
due on or before the 1st day of April each year and continuing thereafter until
termination of this lease. The rental for each year shall be as follows
04/01/17 - 03/31/22
Rental Rate
($.12 per Sq. Ft.l
Not Including
Leasehold Tax'
Term
04/01/17 - 03/31/18
.2 038.61
04/01/18 - 03/31/19
$2,038.61
04/01/19 - 03/31/20
2 038.61
04/01/20 - 03/31/21
2 038.61
04/01/21 - 03/31/22
2 038.61
04/01/22
Rene otiate
'The current Leasehold Excise Tax Rate is 12.84%. as detemtined by the State of Washington and is subject to change.
PACE t
K11MAF. COUN rY AiSPOR?
3. ADJUSTMENT OF RENTAL: The rental for every five year period thereafter, or
part thereof, at the commencement of such period, shall be readjusted and fixed by
the Board of County Commissioners,
(a) After the fifth year, the Lessor shall have the right to readjust the rent
on or before April 15' of the fifth, tenth, fifteenth, twentieth, twenty-fifth,
thirtieth, thirty-fifth, fortieth, forty-fifth, fiftieth, fifty-fifth, sixtieth, sixty-
fifth; and seventieth years of this lease for each following five year
period; and the increase shall BE THE CUMULATIVE EFFECT OF
THE CPI INDEX OVER THE PREVIOUS FIVE YEARS. The rent
increase is at the sole discretion of the Lessor, and Lessor may elect to
maintain the rent at the previous rate. It is agreed between LESSOR
and LESSEE that the following CPI Index will be used for future rental
increases:
"CPI - All Cities -All Items Size Class D Under 50,000."
4, LEASEHOLD TAX: In addition to any rental herein provided, the Lessee shall pay
to the Lessor the leasehold tax as set forth by the State of Washington in Chapter
61, Laws of 1976, Second Executive Session (R.C.W. 82.29A) or as amended.
The tax shall be due and payable at the same time the rental charged herein is due
and payable.
5. FIRE PROTECTION ASSESSMENT In addition to any rental herein provided,
the Lessee shall pay a fee which shaft be in lieu of taxes for fire protection
services. The annual rate shall be based upon the annual fire assessment
determined by the Kittitas County Assessor and Kittitas Valley Fire & Rescue to
be calculated on January 15' of the current year. The assessment shall be pro-
rated monthly, due and payable concurrently with the monthly lease payment.
6. UTILITIES: The Lessee shall pay for extension of and all utility services supplied to
the premises. Any such extensions shall be subject to the advance review of the
Lessor.
7. PURPOSE: It is understood by Lessee that this lease is for commercial purposes
and that the lease rate is for a ground lease for a private Aircraft Hangar. The
Lessee shall utilize the premises primarily for an aircraft hangar for commercial
aircraft storage and maintenance at least seven (7) months out of each calendar
year. The following maintenance activities are specifically NOT ALLOWED:
® Fuel transfer
® Welding
• Torch cutting
® Torch soldering
a Doping
• Spray painting
PAGE 2
KIi Ii IAS C'JN-IY
AIRPORT
No planes shall be allowed to be tied -down on the apron area of the leased
premises. The leased premises are specifically for the private hangar.
8. RULES AND REGULATIONS: The Lessee agrees to comply with all pertinent
rules and regulations of the federal, state and local governments, as well as the
rules, regulations, ordinances, and minimum standards of the Kittitas County Airport
(Bowers Field), as are presently in effect and may in the future be adopted. The
rules, regulations, ordinances and minimum standards of the Kittitas County Airport
(Bowers Field) are made a part of this Agreement and shall have the same effect
as though written herein. A copy of the Kittitas County Airport Standards is on file
in the office of the Kittitas County Department of Public Works.
9. IMPROVEMENTS: Upon termination of this lease, for whatever reason and
under whatever circumstances, all improvements remaining upon the leased
premises become the property of Lessor, free and clear, without any liability of
Lessor to Lessee. Should Lessor desire the removal of Lessee's improvements
upon the date of lease termination, Lessor shall give Lessee written notice to
remove all improvements and return the premises to its state as before the lease
at least thirty (30) days prior to the termination date for the lease. Upon removal,
the premises shall be left in a neat and orderly condition, without debris and shall
be graded level. Should the premises not be left in such condition, after Lessee
received such notice, Lessor may remove improvements and repair the premises
and seek reimbursement from Lessee in any manner allowed by law.
In consideration for a lease term in excess of 10 years in duration, Lessee
promises and agrees to maintain the structure described on Exhibit "A" attached
hereto and incorporated herein by this reference. Lessee agrees that, should
Lessee fail to maintain the structure described in Exhibit "A", this lease shall
automatically terminate and Lessee forfeits any and all interest in the premises.
No construction may be made without prior obtaining of appropriate permits, the
responsibility for which is that of Lessee.
10. REPAIRS: The maintenance and repair of the aircraft hangar structure and other
improvements shall be the responsibility of the Lessee, including utilities within the
leased area.
The Lessee further agrees that it will not commit waste and that it will keep said
premises in a safe, sanitary, neat, presentable, and otherwise good condition, and
in general shall comply with all the applicable governmental rules, ordinances and
regulations as may be required or imposed by such authorities on said premises
and shall comply with any direction pursuant to law of any public officer or officers
who shall be empowered to enforce local, state and federal rules, regulations and
ordinances upon the Lessee with respect to the said premises or the use,
occupancy, or control thereof and shall not suffer any improper or offensive use of
said premises.
PAC,e =.
K[�?:'IAS N,Y
AIh PORI
11. AREA MAINTENANCE: Lessee shall, during the term of this lease, maintain the
area between the building and boundary line of said lease to the satisfaction of the
Lessor. The area shall be kept free of all debris, weeds and brush for the term of
this lease. Lessee shall reimburse the Kittitas County Weed Board or Kittitas
County Department of Public Works for any costs incurred in the event that the
County Weed Board or Kittitas County Department of Public Works undertakes
noxious weed or vegetation control measures.
12. INSURANCE: The Lessee shall obtain and maintain in force during the term of this
agreement a liability insurance policy, which provides protection for bodily injury
(including death) and property damage. Said insurance shall provide coverage by
the Lessee to any employees or permittees of the Lessee, and shall name the
Lessor as coinsured.
(a) Liability insurance policy shall have the following provisions, at a
minimum:
(i) Premises and leased area liability coverage in an
amount not less than $1,000,000 - each occurrence.
(ii) Provide for not less than thirty (30) days in advance a
written notice to Kittitas County regarding any material change or
termination of the policy.
(b) Lessee hereby releases Lessor of and from every and all right, claim
and demand that Lessee may hereafter have against Lessor, its successors
or assigns, arising out of or in connection with any loss or losses occasioned
by fire and such items as are included under the normal extended coverage
clauses of insurance policies, and does hereby waive all rights of
subrogation in favor of insurance carriers against Lessor arising out of any
losses occasioned by fire and such items as are included under the normal
extended coverage clauses of fire insurance policies, and sustained by
Lessee in or to the said premises and leased area.
The Lessee shall provide the Lessor with a copy of said insurance policy.
13. AIRPORT TRAFFIC: It is understood and agreed that the Lessee's use of said
premises and leased area shall not in any manner interfere or restrict the use of
aircraft landings, take -offs, storage of aircraft, taxiing, and movement of ground
vehicles. Lessee shall comply with all rules and regulations of the Federal Aviation
Administration, Washington State Department of Transportation Aeronautics
Division, and the Kittitas County Airport Standards.
14. HUNTING: Hunting or discharging of firearms will not be permitted on or from said
premises or leased area.
K". T! i nS COUidi
15. NOTICES: Any notice given by
agreement shall be in writing and
receipt requested as follows:
(a) If to Lessor, addressed to:
a1KPORi
one party to the other in connection with this
shall be sent by certified or registered mail, return
Kittitas County Department of Public Works
411 N. Ruby, Suite #1
Ellensburg, Washington 98926
(b) If to Lessee, addressed to:
Sierra Romeo, LLC
c/o Ron V. Mitchell
1351 Naneum Road
Ellensburg, Washington 98926
Notice shall be deemed to have been received on the third day after the date of
mailing.
Notice need be sent to but one Lessee where the Lessee is more than one person.
16. ATTORNEY FEES: In case Lessor shall bring suit to recover any rent due
hereunder, or for breach of any provision of this lease, or to recover possession of
the leased premises, or if Lessee shall bring any action for any relief against
Lessor, declaratory or otherwise, arising out of this lease, the prevailing party shall
recover reasonable attorney fees which shall be determined and taxed by the court
as part of the costs of such action.
17. RIGHTS OF THE U.S. GOVERNMENT: The Lessor holds title to the Property
herein leased, partially by virtue of a deed from the United States Government. A
copy of said deed is available for inspection at the office of the Kittitas County
Department of Public Works, hereto and made a part of this instrument as though
fully set forth herein. Lessee agrees that it will do nothing which will cause the
Lessor to be in violation of the terms of said deed. Lessee furthermore agrees that
it has had ample opportunity to review said deed and is aware of all of the terms
and conditions therein.
18. ASSIGNMENT: The Lessee shall not assign this lease nor sublet any portion
thereof without first obtaining the written consent of the Lessor.
19. HOLD HARMLESS: The Lessee hereby agrees to defend, indemnify and hold
harmless the Lesser from any and all claims or demands whatsoever arising out of
any loss, damage, or injury to persons or property resulting from the Lessee's use
or occupancy of said premises and leased area, or caused by the acts or neglect of
the Lessee, his agents or employees.
e"
KI P 11 rRs cclutli y H.IRPOR
20. BANKRUPTCY: It is further agreed and understood that in case of the insolvency
or bankruptcy of the Lessee, or any assignment for the benefit of creditors or the
appointment of a receiver for the Lessee, this lease shall be immediately forfeited
and shall be of no further force and effect, and that the Trustee in Bankruptcy,
Receiver, or Assignee for the benefit of creditors shall not have any rights
whatsoever in the demised premises.
21. DEFAULT: In the event the Lessee shall fail to comply with any of Lessee's
commitments, duties or responsibilities under this lease, or any of its conditions or
terms as herein stated, the Lessor may terminate this lease by giving ten (10) days
written notice of the conditions or terms being violated. If said failures are not
corrected within the ten (10) day period, this lease may be terminated and the
Lessor shall be entitled to peaceably retake possession of the premises.
22. MODIFICATION OR TERMINATION: Lessee and Lessor agree that Lessor may,
at Lessor's sole discretion, modify the terms of this lease in whole or in part,
including but not limited to any term or condition of this lease, including cancelling
the unexpired portion of this lease and re -letting the property to another tenant, in
the event that any regulation governing airports or county property is amended in a
way that impacts the Lessor's ability to lease, use, control, protect, or maintain the
Property. For the purposes of this section, "regulation" is defined to include, but is
not limited to: case law interpreting any rule or regulation; any federal rules and
regulations, including Federal Aviation Administration rules and regulations, state
rules and regulations; and local rules, regulations and ordinances.
In the event that Lessor shall elect to modify or terminate this lease, Lessor shall do
so only upon one hundred twenty (120) days written notice, notifying Lessee, at
Lessee's address of record, that the lease to which this applied is being so modified
orterminated.
Upon receipt of such notification, and in the event the notification specified
modification of the lease short of termination, Lessee shall have sixty (60) days in
which to notify Kittitas County of Lessee's intention to continue the lease as
modified or of Lessee's intention to treat the lease as terminated.
In the event that Lessee elects to treat the lease as terminated, all rents shall be
pro -rated to the date Lessee shall have restored the premises to the Lessor in
accordance with the terms of the lease agreement governing Lessee's duties to
restore the premises to Lessor upon expiration of the lease term.
It is further agreed that neither such modification or termination of this lease nor any
subsequent re -letting of the premises, in whole or in part, shall give rise to any
cause of action for damages or any other form of relief by Lessee against Lessor or
any successor lessee.
In the event of such modification or termination, Lessee understands that other than
a refund of any unearned rent prorated to the date Lessee has restored the
PALL
Ni; H)AS COUNTY
A!:; POP;
premises to Lessor. Lessee shall have no claim for compensation as occasioned by
said modification or termination.
23. WAIVER. No assent, express or implied, by the Lessor to any breach of any of
Lessee's covenants, agreements, conditions or terms hereof shall be deemed or
taken to be a waiver of any succeeding breach of any covenant, agreement,
condition or term hereof.
24. VENUE: In the event of any litigation between Lessor and Lessee arising out of this
lease, the venue for such action shall lie in Kittitas County, notwithstanding any
contrary provision of the Revised Code of Washington.
25. APPLICABILITY: The covenants, agreements, terms and conditions contained in
this lease shall apply to and be binding upon Lessor and Lessee and their
respective heirs, executors, administrators, successor and assigns.
26. INTEGRATION: Exhibits and Recitals are incorporated herein by this reference.
This Lease embodies the entire agreement between the parties with respect to
the subject matter herein contained. No amendments or modifications hereof
shall be enforceable unless in writing, signed by the party to be charged.
-Ac,t
Kl-`i!,AS COIL'1Y
The following Exhibits are incorporated by reference:
Exhibit A: Description of Property
Ali, FOR i,
Lot H-31, as shown on the Kittitas County Amended Binding Site Plan BS -10-00001, as
recorded June 28, 2010, in Book 11, pages 2490255, County of Kittitas, State of Washington.
Containing 16,988.4 sq. ft., or .39 acres more or less.
KIFIII AS COUNTY
AIRPORT
IN WITNESS WHEREOF, the Lessor and Lessee have signed their names and affixed
their seals the day and year first above written.
t:cY
Clerrd
GJry tro?5t1s, 11i �:
Approved as to Form:
Prosecuting Attorney
LESSOR:
BOARD OF COUNTY COMMISSIONERS
KITTITAS COUNTY, WASHINGTON
r'
Paul.lewell, Chairman
Laura Osi/adacz. Vice -Chairman
Obie O'Brien, Commissioner
S*$1144
Sierra Romeo, LLC
Ron V. Mitchell
Address:
1351 Naneum Road
Ellensburg, WA 98926
PAGE E
KITTITAS COUNTY
DEPARTMENT OF PUBLIC WORKS
PUBLIC WORKS—BOARD OF COUNTY COMMISSIONERS
STUDY SESSION STAFF REPORT
STUDY SESSION DATE . June 12, 2017
TOPIC LEASE AMENDMENT TO SIERRA ROMEO
BOWERS FIELD LAND LEASE
ACTION REQUESTED AUTHORIZE THE CHAIR'S SIGNATURE ON
THE LEASE AMENDMENT
LEAD S'fAFF: Mark R. Cook
RECOMMENDA] ION:
Authorize the Board's signature on the lease amendment to Sierra Romeo's Bowers Field
Land Lease.
BRF.IFING SUMMARY:
• Current lease for FBO services is with Sierra Romeo
• Ron Mitchell (Sierra Romeo) desires amending the lease to meet real estate
transfer requirements resulting from recent sale of assets to Central Washington
University
• The new LESSEE is VERNOPAL LLC.
BACKGROUND:
The Board took action allowing lease assignment of the County's main hangar facility
pursuant to Resolution 2016-146 (10-8-16). The assignment was done to allow Central
Washington University (C WU) to take over our main hangar from the County's Fixed
Base Operator— Midstate Aviation.
Subsequent to the assignment of the main hangar to CWIJ, Ron Mitchell entered into a
land lease (EXHIBIT 1) with Public Works for a new hangar facility on April 1, 2017. It
now appears that the company Mr. Mitchell is using to facilitate his real estate exchange
with CWU desires having a separate LLC on the April, 1, 2017 lease document. We
propose addressing the request to re -assign via a lease amendment (EXHIBIT 2).
DISCUSSION:
Ron Mitchell and the firm facilitating his real estate exchange desire a new lease
agreement back dated to April 1, 2017. That action requires a termination of the existing
lease with Sierra Romeo and a public hearing to place the desired interim LLC on the
lease. Our proposal amending the existing lease with Sierra Romeo appears to meet the
needs of Mr. Mitchell.
Page 1 of 4
PUBLIC WORKS BOARD OF CCA NI V COMMISSIONERS WORK SESSION STAFF REPORT
FISCAL IMPACTS:
None
ATTACHMENTS:
Exhibit 1: Sierra Romeo lease
Page 2 ol'4
PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT
EXHIBIT 1: SIERRA ROMEO LEASE.
Page 3 of 4
PUBLIC WORKS BOARD OF COIN FY COMMISS ION FRS WORK SESSION STAFF REPOR"1
KITTITAS COUNTY AIRPORT
�. DEPARTMENT OF PUBLIC WORKS
LEASE
THIS LEASE made and entered into this 1" day of April, 2017 by and between
Kittitas County, a municipal corporation in the State of Washington, hereinafter referred
to as the LESSOR, and Sierra Romeo, LLC, hereinafter referred to as the LESSEE.
WITNESSETH:
The Lessor hereby agrees to lease to the Lessee, and the Lessee hereby agrees to
lease from the Lessor, the following described real property (hereinafter the 'Property"):
See Exhibit "A" attached hereto, also described as:
Lot H-31, as shown on the Kittitas County Amended Binding Site Plan BS -10-00001, as
recorded June 28, 2010, in Book 11, pages 249-255, County of Kittitas, State of Washington.
Containing 16,988.4 sq ft, or .39 acres more or less.
This lease is made in accordance with Chapter 2.81 KCC. This lease is subject to the
provisions of Chapter 59.12 RCW as currently existing of hereafter amended.
TERM: The term of this lease shall be 75 years and will commence on the 15t day
of April, 2017.
2. RENT: Rent shall be paid in advance on an annual basis, with the first payment
due on or before the 1st day of April each year and continuing thereafter until
termination of this lease. The rental for each year shall be as follows:
04/01/17 — 03131/22
Term
Rental Rate
($.12 per So. Ft.)
Not Including
Leasehold Tax'
04/01/17 — 03/31/18
R&38 61
04/01/18 — 03/31/19
IZ,238.61
04/01/19 — 03/31/20
JL038.61
04101 /20 — 03/31/21
2 038.61
04!01!21 — 03/31 /22
JL038
04/01/22
Rene otiate
'The cuvent Leasehold Excise Tax Rate is 12.84%, as detenvined by the State of Washington and is subject to change.
PAGE 1
Kn iP, AS COUNT` AIRPORT
3. ADJUSTMENT OF RENTAL: The rental for every five year period thereafter, or
part thereof, at the commencement of such period, shall be readjusted and fixed by
the Board of County Commissioners;
(a) After the fifth year, the Lessor shall have the right to readjust the rent
on or before April 15I of the fifth, tenth, fifteenth, twentieth, twenty-fifth,
thirtieth, thirty-fifth, fortieth, forty-fifth, fiftieth, fifty-fifth, sixtieth, sixty-
fifth; and seventieth years of this lease for each following five year
period; and the increase shall BE THE CUMULATIVE EFFECT OF
THE CPI INDEX OVER THE PREVIOUS FIVE YEARS. The rent
increase is at the sole discretion of the Lessor, and Lessor may elect to
maintain the rent at the previous rate. It is agreed between LESSOR
and LESSEE that the following CPI Index will be used for future rental
increases:
"CPI — All Cities -All Items Size Class D Under 50,000."
4. LEASEHOLD TAX: In addition to any rental herein provided, the Lessee shall pay
to the Lessor the leasehold tax as set forth by the State of Washington in Chapter
61, Laws of 1976, Second Executive Session (R.C.W. 82.29A) or as amended.
The tax shall be due and payable at the same time the rental charged herein is due
and payable.
5 FIRE PROTECTION ASSESSMENT In addition to any rental herein provided,
the Lessee shall pay a fee which shail be in lieu of taxes for fire protection
services. The annual rate shall be based upon the annual fire assessment
determined by the Kittitas County Assessor and Kittitas Valley Fire & Rescue to
be calculated on January 15' of the current year. The assessment shall be pro-
rated monthly, due and payable concurrently with the monthly lease payment.
6. UTILITIES: The Lessee shall pay for extension of and all utility services supplied to
the premises. Any such extensions shall be subject to the advance review of the
Lessor.
PURPOSE: It is understood by Lessee that this lease is for commercial purposes
and that the lease rate is for a ground lease for a private Aircraft Hangar. The
Lessee shall utilize the premises primarily for an aircraft hangar for commercial
aircraft storage and maintenance at least seven (7) months out of each calendar
year. The following maintenance activities are specifically NOT ALLOWED:
• Fuel transfer
® Welding
® Torch cutting
• Torch soldering
o Doping
• Spray painting
PA E
KI? i 1 I AS COUV ; Y
AiKPOR,
No planes shall be allowed to be tied -down on the apron area of the leased
premises. The leased premises are specifically for the private hangar.
8. RULES AND REGULATIONS: The Lessee agrees to comply with all pertinent
rules and regulations of the federal, state and local governments, as well as the
rules, regulations, ordinances, and minimum standards of the Kittitas County Airport
(Bowers Field), as are presently in effect and may in the future be adopted. The
rules, regulations, ordinances and minimum standards of the Kittitas County Airport
(Bowers Field) are made a part of this Agreement and shall have the same effect
as though written herein. A copy of the Kittitas County Airport Standards is on file
in the office of the Kittitas County Department of Public Works.
9. IMPROVEMENTS: Upon termination of this lease, for whatever reason and
under whatever circumstances, all improvements remaining upon the leased
premises become the property of Lessor, free and clear, without any liability of
Lessor to Lessee. Should Lessor desire the removal of Lessee's improvements
upon the date of lease termination, Lessor shall give Lessee written notice to
remove all improvements and return the premises to its state as before the lease
at least thirty (30) days prior to the termination date for the lease. Upon removal,
the premises shall be left in a neat and orderly condition, without debris and shall
be graded level. Should the premises not be left in such condition, after Lessee
received such notice, Lessor may remove improvements and repair the premises
and seek reimbursement from Lessee in any manner allowed by law.
In consideration for a lease term in excess of 10 years in duration, Lessee
promises and agrees to maintain the structure described on Exhibit "A" attached
hereto and incorporated herein by this reference. Lessee agrees that, should
Lessee fail to maintain the structure described in Exhibit "A", this lease shall
automatically terminate and Lessee forfeits any and all interest in the premises.
No construction may be made without prior obtaining of appropriate permits, the
responsibility for which is that of Lessee.
10. REPAIRS: The maintenance and repair of the aircraft hangar structure and other
improvements shall be the responsibility of the Lessee, including utilities within the
leased area.
The Lessee further agrees that it will not commit waste and that it will keep said
premises in a safe, sanitary, neat, presentable, and otherwise good condition, and
in general shall comply with all the applicable governmental rules, ordinances and
regulations as may be required or imposed by such authorities on said premises
and shall comply with any direction pursuant to law of any public officer or officers
who shall be empowered to enforce local, state and federal rules, regulations and
ordinances upon the Lessee with respect to the said premises or the use,
occupancy, or control thereof and shall not suffer any improper or offensive use of
said premises.
PAGE
KI I I AS COUNTY
AIRP6R"r
11. AREA MAINTENANCE: Lessee shall, during the term of this lease, maintain the
area between the building and boundary line of said lease to the satisfaction of the
Lessor. The area shall be kept free of all debris, weeds and brush for the term of
this lease. Lessee shall reimburse the Kittitas County Weed Board or Kittitas
County Department of Public Works for any costs incurred in the event that the
County Weed Board or Kittitas County Department of Public Works undertakes
noxious weed or vegetation control measures.
12. INSURANCE: The Lessee shall obtain and maintain in force during the term of this
agreement a liability insurance policy, which provides protection for bodily injury
(including death) and property damage. Said insurance shall provide coverage by
the Lessee to any employees or permittees of the Lessee, and shall name the
Lessor as coinsured.
(a) Liability insurance policy shall have the following provisions, at a
minimum:
(i) Premises and leased area liability coverage in an
amount not less than 31,00D,000 - each occurrence.
(ii) Provide for not less than thirty (30) days in advance a
written notice to Kittitas County regarding any material change or
termination of the policy.
(b) Lessee hereby releases Lessor of and from every and all right, claim
and demand that Lessee may hereafter have against Lessor, its successors
or assigns, arising out of or in connection with any loss or losses occasioned
by fire and such items as are included under the normal extended coverage
clauses of insurance policies, and does hereby waive all rights of
subrogation in favor of insurance carriers against Lessor arising out of any
losses occasioned by fire and such items as are included under the normal
extended coverage clauses of fire insurance policies, and sustained by
Lessee in or to the said premises and leased area.
The Lessee shall provide the Lessor with a copy of said insurance policy.
13. AIRPORT TRAFFIC: It is understood and agreed that the Lessee's use of said
premises and leased area shall not in any manner interfere or restrict the use of
aircraft landings, take -offs, storage of aircraft, taxiing, and movement of ground
vehicles. Lessee shall comply with all rules and regulations of the Federal Aviation
Administration, Washington State Department of Transportation Aeronautics
Division, and the Kittitas County Airport Standards.
14, HUNTING: Hunting or discharging of firearms will not be permitted on or from said
premises or leased area.
K❑T j11 AS CLJ.y
AlkPOKI
15. NOTICES: Any notice given by one party to the other in connection with this
agreement shall be in writing and shall be sent by certified or registered mail, return
receipt requested as follows:
(a) If to Lessor, addressed to:
Kittitas County Department of Public Works
411 N. Ruby, Suite #1
Ellensburg, Washington 98926
(b) If to Lessee, addressed to:
Sierra Romeo, LLC
c/o Ron V. Mitchell
1351 Naneum Road
Ellensburg, Washington 98926
Notice shall be deemed to have been received on the third day after the date of
mailing.
Notice need be sent to but one Lessee where the Lessee is more than one person.
16. ATTORNEY FEES: In case Lessor shall bring suit to recover any rent due
hereunder, or for breach of any provision of this lease, or to recover possession of
the leased premises, or if Lessee shall bring any action for any relief against
Lessor, declaratory or otherwise, arising out of this lease, the prevailing party shall
recover reasonable attorney fees which shall be determined and taxed by the court
as part of the costs of such action.
17. RIGHTS OF THE U.S. GOVERNMENT: The Lessor holds title to the Property
herein leased, partially by virtue of a deed from the United States Government. A
copy of said deed is available for inspection at the office of the Kittitas County
Department of Public Works, hereto and made a part of this instrument as though
fully set forth herein. Lessee agrees that it will do nothing which will cause the
Lessor to be in violation of the terms of said deed. Lessee furthermore agrees that
it has had ample opportunity to review said deed and is aware of all of the terms
and conditions therein.
18. ASSIGNMENT: The Lessee shall not assign this lease nor sublet any portion
thereof without first obtaining the written consent of the Lessor.
19. HOLD HARMLESS: The Lessee hereby agrees to defend, indemnify and hold
harmless the Lesser from any and all claims or demands whatsoever arising out of
any loss, damage, or injury to persons or property resulting from the Lessee's use
or occupancy of said premises and leased area, or caused by the acts or neglect of
the Lessee, his agents or employees.
KII I i fA.P coli F ii`
AIRPORT
20, BANKRUPTCY: It is further agreed and understood that in case of the insolvency
or bankruptcy of the Lessee, or any assignment for the benefit of creditors or the
appointment of a receiver for the Lessee, this lease shall be immediately forfeited
and shall be of no further force and effect, and that the Trustee in Bankruptcy,
Receiver, or Assignee for the benefit of creditors shall not have any rights
whatsoever in the demised premises.
21. DEFAULT: In the event the Lessee shall fail to comply with any of Lessee's
commitments, duties or responsibilities under this lease, or any of its conditions or
terms as herein stated, the Lessor may terminate this lease by giving ten (10) days
written notice of the conditions or terms being violated. If said failures are not
corrected within the ten (10) day period, this lease may be terminated and the
Lessor shall be entitled to peaceably retake possession of the premises.
22. MODIFICATION OR TERMINATION: Lessee and Lessor agree that Lessor may,
at Lessor's sole discretion, modify the terms of this lease in whole or in part,
including but not limited to any term or condition of this lease, including cancelling
the unexpired portion of this lease and re -letting the property to another tenant, in
the event that any regulation governing airports or county property is amended in a
way that impacts the Lessor's ability to lease, use, control, protect, or maintain the
Property. For the purposes of this section, "regulation" is defined to include, but is
not limited to: case law interpreting any rule or regulation; any federal rules and
regulations, including Federal Aviation Administration rules and regulations; state
rules and regulations; and local rules, regulations and ordinances.
In the event that Lessor shall elect to modify or terminate this lease, Lessor shall do
so only upon one hundred twenty (120) days written notice, notifying Lessee, at
Lessee's address of record, that the lease to which this applied is being so modified
or terminated.
Upon receipt of such notification, and in the event the notification specified
modification of the lease short of termination, Lessee shall have sixty (60) days in
which to notify Kittitas County of Lessee's intention to continue the lease as
modified or of Lessee's intention to treat the lease as terminated.
In the event that Lessee elects to treat the lease as terminated, all rents shall be
pro -rated to the date Lessee shall have restored the premises to the Lessor in
accordance with the terms of the lease agreement governing Lessee's duties to
restore the premises to Lessor upon expiration of the lease term.
It is further agreed that neither such modification or termination of this lease nor any
subsequent re -letting of the premises, in whole or in part, shall give rise to any
cause of action for damages or any other form of relief by Lessee against Lessor or
any successor lessee.
In the event of such modification or termination, Lessee understands that other than
a refund of any unearned rent prorated to the date Lessee has restored the
PAGE 6
Kh ! i S AS COUNT`
Ait PORI
premises to Lessor, Lessee shall have no claim for compensation as occasioned by
said modification or termination.
23. WAIVER: No assent, express or implied, by the Lessor to any breach of any of
Lessee's covenants, agreements, conditions or terms hereof shall be deemed or
taken to be a waiver of any succeeding breach of any covenant, agreement,
condition or term hereof.
24. VENUE: In the event of any litigation between Lessor and Lessee arising out of this
lease, the venue for such action shall lie in Kittitas County, notwithstanding any
contrary provision of the Revised Code of Washington.
25. APPLICABILITY: The covenants, agreements, terms and conditions contained in
this lease shall apply to and be binding upon Lessor and Lessee and their
respective heirs, executors, administrators, successor and assigns.
26. INTEGRATION: Exhibits and Recitals are incorporated herein by this reference.
This Lease embodies the entire agreement between the parties with respect to
the subject matter herein contained. No amendments or modifications hereof
shall be enforceable unless in writing, signed by the party to be charged.
SAGE 7
pF:
The following Exhibits are incorporated by reference.
Exhibit A: Description of Property
Lot H-31, as shown on the Kittitas County Amended Binding Site Plan BS -10-00001, as
recorded June 28, 2010, in Book 11, pages 2490255, County of Kittitas, State of Washington.
Containing 16,988.4 sq. ft., or .39 acres more or less.
KJ- T I I AS COUNl Y
AIRPORT
IN WITNESS WHEREOF, the Lessor and Lessee have signed their names and affixed
their seals the day and year first above written.
LESSOR:
BOARD OF COUNTY COMMISSIONERS
c KITTITAS COUNTY, WASHINGTON
fjTTEST s, - '
•.: ... y .;r:-?�i—,.---tet ,... _ ...
�. Clerkbi the BQsrd Paul Jewell, Chairman
Laura OsOdac4; Vice -Chairman
Approved as to Form:
Prosecuting Attorney
Obie O'Brien, Commissioner
LESSEE:
j
Sierra Romeo, \LLC 4' '
Ron V. Mitchell
Address:
1351 Naneum Road
Ellensburg, WA 98926
PAGE 9
EXHIBIT 2: PROPOSED LEASE AMENDMEN'C
Page a of 4
PUBLIC WORKS HOARD OF COI.ATY COMMISSIONERS WORK SI.SSION S I AFF REPORT
KITTITAS COUNTY AIRPORT
DEPARTMENT OF PUBLIC WORKS
ADDENDUM TO LEASE
THIS ADDENDUM TO LEASE is made and dated this _ day of
2017, by and between KITTITAS COUNTY, a municipal corporation in the State of Washington,
hereinafter referred to as the LESSOR, and VERNOPAL LLC, and hereinafter referred to as the
LESSEE.
WITNESSETH:
WHEREAS, LESSOR and SIERRO ROMEO (LESSEE) entered into a lease agreement
on April 1, 2017, and the LESSOR desires that the lease agreement with the LESSOR shall be
between VERNOPAL LLC and Kittitas County NOT between SIERRA ROMEO and Kittitas
County, a copy of which is attached hereto and by this reference incorporated herein;
NOW, THEREFORE, IT IS HEREBY AGREED by and between the parties to change the
LESSEE for Lot H-31 (as shown on the Kittitas County Amended Binding Site Plan BS -10-00001,
as recorded June 28, 2010, in Book 11, pages 249-255, County of Kittitas, State of Washington)
from SIERRA ROMEO to VERNOPAL LLC.
All other terms and conditions of the aforementioned lease shall remain the same.
IN WITNESS WHEREOF, the Lessor and Lessee have signed their names and affixed their seals
the day and year first above written.
Attest:
Clerk of the Board- Julie Kjorsvik
❑ Deputy Clerk of the Board- Mandy Buchholz
LESSOR:
BOARD OF COUNTY COMMISSIONERS
KITTITAS COUNTY, WASHINGTON
Paul Jewell, Chairman
Laura Osiadacz, Vice -Chairman
Obie O'Brien, Commissioner
LESSEE:
Lessee
Date Signed
Krri'ITAS COUNTY
DEPARTMENT OF PUBLIC WORKS
PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS
STUDY SESSION STAFF REPORT
STUDY SESSION DATE . June 12, 2017
TOPIC Resource Sharing Interlocal Agreement with the
City of Ellensburg
ACTION REQUESTED Request Staff Prepare an Amendment to the
Agreement
LEAD STAFF: Mark R. Cook
RECOMMENDATION:
Request Staff Prepare an Amendment to the Agreement (Auditor file number
200202270012)
BREIFING SUMMARY:
• The City of Ellensburg and Public Works desire amending the 2002 joint
agreement
• Requested changes reflect current business practice
• Kittitas County Public Works desires adding an allowable 15% markup on
material costs
• Agreement collects one half of the true cost of fringe benefits
BACKGROUND:
During the past several years, Public Works from both organizations have struggled with
getting bills produced within 30 days as required by the current Resource Sharing
interlocal agreement. The two Public Works Directors (Lyyski and Cook) both agree
eliminating the requirement is in the best interest of both organizations. Public Works
Fiscal Manager Jurgens concurs with the decision amending the current agreement to
eliminate the 30 day billing provision (Section 2b). Suggested changes to the agreement
appear below.
Section 2. Compensation and Method of Payment. A. Shall be revised to read as follows:
A. The party requesting services agrees to reimburse the performing party for the
costs of the service, based upon the actual cost of labor, equipment rental, engineering.
materials and supplies used in the particular work involved, plus all costs for fringe
benefits to labor, including but not limited to: social security, retirement, industrial and
medical aid costs, pro -rated sick leave, holidays, vacation time. and group medical
insurance.
Page l of
PUBLIC WORKS BOARD OF CO11NIY COMMISSIONERS WORK SESSION STAFF RI-:POR7
In addition thereto, fifteen percent (L5%) of the total costs for municipal labor/frinee
benefits, materials and municipally owned equipment shall be added for overhead
costs for accounting, billing and administrative services.
DISCUSSION:
Public Works recently decided to change its chip seal rock purchasing strategy moving to
establish rock stockpiles. The move affords increased flexibility and improved rock
quality. Rock prices are expected to fluctuate year to year. If the City desires using
County forces to chip seal their roadways, our new business practice could result in the
County paying more for replacement stockpile rock than it receives in payment from the
City (assumes we use previous year stockpile rock purchased at a reduced rate). The City
is not keen on our proposed addition. Nothing prohibits the City from buying and
stockpiling their own rock for use by County forces during chip seal operations.
The decision to charge each other 15% for fringe benefits collects approximately one half
of the benefit cost for County employees.
FISCAL IMPACTS:
One half of the true cost of labor fringe benefits is being collected in the proposed joint
use agreement with the City.
ATTACHMENTS:
Exhibit 1: Existing Agreement
Page 2 of 3
PUBLIC WORKS BOARD OP COUNTY COMMISSIONERS WORK SESSION Si ;AFF RITOR I
EXHIBIT 1: EXISITING AGREEMENT
Page 3 of 3
PUBLIC WORKS BOARD 0I7 COUNTY COMMISSIONERS WORK SESSION STAFF REPORT
11,17M 1I I11I 02/Q27/2002 f' 1 ::07A
KltUta. Co Audita, K!TTITA6 COUNTY COM AIR 19.00
INTERLOCAL AGREEMENT FOR PROVISION
.OF MUNICIPAL SERVICES
This Agreement is made and entered into this Rh day of
2002, by and between the Citv of Ellensburg, a municiu '
corporation (hereinafter the "City"), and {ittitas County, a
political subdivision of the State of Washington (hereinafter the
"County")
WHF,REAS, the City desires to contract with the County to have the
County perform public works, engineerinc, maintenance and utility
services when sufficient City resources are not available to
provide such services, and
WHEREAS, the County desires to, contract with the City to have the
C'_ty perform public works, engineering, maintenance and utility
services when sufficient County resources are not available to
provide, such services, and
WHEREAS, this Agreement for cooperative services is authorized by
the provisions of Chapter 39.34 RCW, the interlocal Cooperation
Act,
NOW, THEREFORE, it is hereby agreed as fellows;
1. Purpose- The purpose of this Agreement is to enable the parties
to perform such services and accomplish such tasks, including the
furnishing of all labor, equipment, materials and supplies
necessary for full performance, as may be requested of one party by
the other with regard to municipal public works, engineering,
maintenance and utility services. For each project or service to
be performed under this Agreement, the party requesting work to be
performed by the other party shall make written application to such.
party. In each instance, the party- whose services are being
requested reserves the right to deny or approve the request.
2. Compensation and Method of Payhent.
A. The party requesting services agrees to rei-Jourse the
performing party for the costs of the service, based upon the
a.cual cost of labor, equipment rental, engineering, m--erials and
supplies used in the particular wort: involvE:d, plus all costs for
fringe benefits to labor, including but not limited to: racial
s_curity, retirement, industrial and medicalaid costs, prc-rated.
sick weave, holidays, vacation time, and group raedical -ns'=rance.
I III 1 III I� Ii�l I IIA �IIII II��i III IIID 1 �dI 02/27 /2002 f 11:07A
Kittita. Oo paditor KITTITAS COUNTY COMM RGA 13.20
in addition thereto, fifteen percent (151) of the total costs shall
be added for overhead costs for accounting, billing and
administrative services.
B. The party performing the services shall submit to the party
receiving the services an invoice of the costs within, thirty (30)
days after completion of the services. Within. thirty (30) days
after receipt of such invoice the latter party shall pay the amount
of the invoice.
3. Maintenance of Records. Each party hereto. agrees to maintain
books, records and documents using accounting procedures which
accurately reflect all direct and indirect costs related to the
performance of services .under this Agreement. Each party may
examine the other party's books and records to verify the accuracy
of invoices. Each party's fiscal management system shall include
the capability to provide accurate and complete disclosure of all
costs invoiced under this Agreement.
?. indemnification.
A. The City shall indemnify, defend and, hold harmless the
County, its agents, employees and officers from any and all
Lability arising out of the performance of this Agreement by the
City, whether by act or omission of the City's agents, employees or
officers. -
B. The County shall indemnify, defend and hold harmless the
City, its agents, employees and officers from any and all Lability
arising out of the performance of this Agreement by the County,
whether by act or omission of the County's agents, employees or
officers.
5. insurance. Each party agrees to procure and maintain in full
force and effect for the duration of this Agreement public
liability and property damage insurance with limits of liability
not less than $1,000,000.
G. Assignment This Agreement cannot be assigned, transferred or
any portion subcontracted by either party hereto without the or-'o--
consent
riorconsent of the other party.
-1)-
�3
.) II��III ��II�Illl ��II III�iillllilIli iIh XIII �I II �I 02%2f
027/200t11:O7N
Katitac Co Rud:tor Ki TT'.TRS COUNTY COMM PGR 13,02
'i. Future Sunnort. Neither party to this Agreement makes any
commitment to future support and assumes no obligation for future
support of any activity contracted for herein, except as may be
expressly set forth in this Agreement.
9. Compliance with Laws. Each party hereto, in its performance
of this Agreement, agrees to comply with all applicable local,
state, and Federal laws and ordinances. ,
9. Relationship of the Parties.
A. No agent, employee or representative of the City shall be
deemed to be an agent, employee or representative of the County for
any purpose, and the employees of the City are not entitled to any
of the benefits the County provides to County employees. No agent,
employee or representative of the County shall be deemed to be an
agent, employee or representative of the City for any purpose, and
the employees of the County are not entitled to any of the benefits
the City provides to City employees.
B. In the performance of the work herein contemplated, the
party performina the work is an independent contractor with the
authority to control and direct the performance of the details of
the work; however, the work contemplated herein shall be subject to
the general rights of inspection and review of the party requesting
the work be done, to secure the satisfactory completion thereof.
10. Disputes. If a dispute arises between the parties concerning
this Agreement, the director of the City's public works department
and the director of the County's public works department shall
attempt to resolve the dispute. If they are unsuccessful, the
dispute shall be referred to the City Manager and the Chair of the
Board of County Commissioners for resolution. If not resolved -by
the Manager and Chair within thirty (30) days of referral, either
party may pursue court action under paragraph 11 below.
'1. Jurisdiction. Any legal dispute between the parties to this
Agreement shall be governed by the laws of the State of Washington,
and any action to enforce this Agreement stall be brought in
Kittitas County, washington.
i'_. Modification. The provisions of this Agreement may be modified
or a-�,ended only by written mutual consent of the parties.
?_4
90/12712002 11:07A
Kittitat Co Auditor KITTITAS COUNTY COMM AGR 13.00
13, =arati-rand Termination. This Agreement shall commence and be
effective on March 1, 2002, and remain in, full force and effect
until terminated by agreement of the parties, or by written notice
of terminaticn given by one party to the other at least thirty (30)
days prior to the date cf such termination.
14. Filing, This Agreement shall be filed with the Kittitas County
Auditor.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed as of the date first written above.
CITY OF ELLENSBURG
�Ci 10 a/V
Stan Bassett, Mayor
Att stg:
( .
City Clerk
Approved as to form:
its/ y Att-_ney
KITTITAS COUNTY
Chair, Board of Commissioners
Commissioner
Appro= as to fo m:
P se uting AttYbrneyC