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Home My WebLink AboutRes-2021-107BOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESOLUTTON NO. 2021-Iuf A RESOLUTION AUTHORIZING EXECUTION OF A LICENSE BETWEEN THE DEPARTMENT OF THE ARMY, YAKIMA TRAINING CENTER MILITARY INSTALLATION; AND YAKIMA AND KITITTAS COU NTI ES, WASH I NGTON WHEREAS, RCW 39.34, the lnterlocal Cooperation Act, provides the capability for public agencies to cooperate by providing services and facilities for mutual advantage; and WHEREAS, the Secretary of the Army (Secretary), or duly authorized representative of the Secretary, hereby grants Kittitas County Sheriff's Office a non- exclusive license for use of lands at the Yakima Training Center Military Reservation, Washington, as described in the license document, a copy of which is attached hereto and incorporated for reference; and WHEREAS, this license is granted for a term of one (1) year, beginning July 1, 2021 and ending June 30, 2022, with no cost to the Kittitas County Sheriffs Office and with all conditions as described in the license document; and NOW THEREFORE, BE lT RESOLVED AND lT lS HEREBY ORDERED, that the License document for use by the Yakima Training Center Military lnstallation be accepted, and the Sheriff is authorized to approve the signing of such document. UXY day of 2021ADOPTED this ATTEST TH BOARD OF GO an ERS ABSENT k4 Commissioner ROVED AS TO FORM 1- Deputy P RESOLUTION Douglas uting Attorney YTc 2147 DEPARTMENT OF THE ARMY LICENSE YAKIIIIA TRAI NI N G CE NTE R M I LITARY I NSTALI.ATION YAKIMA AND KITTITAS COUNTIES, WASHINGTON THE SECRETARY OF THE ARMY, hereinafter refened to as the Secretary, or duly authorized representative under authority of the General Administrative Powens of - Secretary, [ereby grants to Kittitas Gounty Sheriffs Office Multi.Agency Special Response Team, hereinafter referred to as the grantee, a non-exclusive liiense for billeting, dining facilities, training areas, firing ranges, and Selah Airstrip for emergency vehicle operations training over, across, in and upon lands at Yakima Training Center' Military Reservation, washinglon, hereinafter refened to as the premises. THIS LICENSE is granted subject to the foilowing conditions. 1. TERM Thjs license is granted for a term of one year, beginning 1 JULY 2O21 and ending 30 JUN 2022, but revocable at will by the Secretary of the Army. lt is authorized for no- more than seven (7) consecutive days and no rnore than 30 days for the term. 2. CONSIDERATION a. The grantee shall pay in advance to the united states the amount of_Waived_and NO / 100 DOLI3RS ($0.001, (in fullforthe term hereof)(payable ) to the oder of the Finance and Accounting officer, District, and delivered to b. All consideration and other payments due underthe terms of this license must be paid on or before the date they are due in order to avoid the mandatory sanctions imposed by the Debt Collection Act ot 1982, (31 U.S,C. Section 37171. This statute requires the irnposition of an interest charge for the late payrnent of debts owed to the United States; an administrative charge to cover the costs of processing and handling delinquent debts; and the assessment of an additional penalty charge on any portion-of a debt that is more than 90 days past due. The provisions of the stitute will bb implemented as follows: (1) The united states wlll impose an interest charge, the amount to be determined by law orregulation, on late payment of debts. lnterest will accrue from (the due date) (the later of the due date or the date notification of the amount due is mailed to the grantee). An administrative charge to cover the cost of processing and handling each payment will also be imposed. (2) ln addition to the charges set forth above, the United States will impose a penalty charge of six percent (6%) per annum on any payment or portion thereof, more than ninety (90) days past due, The penalty shallaccrue from the date of delinguency and willcontinue to accrue untilthe debt is paid in full. (3) All payments received will be applied first to any accumulated interest, administrative and penalty charges and then to any unpaid rentalorother payment balance. lnterest will not accrue on any administrative or late payment penalty charge. 3. NOTTCES All notices and conespondence to be given pursuant to this license shall be addressed, if to the grantee, to Klttltas County Sheriffs Office Multi.Agency Speclal Response Team, 3o7 umptanum Road, Ellensburg, wA, g8g2o. poc, chief Deputy Ben Kokier, Work Phone: 509€62-7525, Email: ben.kokJer@co.klttitas.wa.us, and- if to the united States, to Public works, ATTN: AmlN-LMP-lUt, Box 3agi00, Ms iz, Joint Base Lewls-Mcchord, Washington 98433.9500; or as may from time to time otherwise be directed by the parties. Notice shall be deemed to have been duly given if and when enclosed in a properly sealed envelope addressed as aforesaid, and deposited, postage prepaid, in a post office regularly maintained by the United States PostalService. 4. AUTHORIZED REPRESENTATIVES Except as otherwise specilically provided, any reference herein to "secretaqf, 'lnstallation Gommandef, or "said officer" shall include their duly authorized representaiives. Any reference to "grantee" shall include any duly authorized representatives. 5. SUPERVISION BY THE INSTALLATION COMMANDER The use and occupation of the premises shall be subject to the generat superuision and approvalof the lnstallation Commander hereinafter refened to as said officer, and to such rules and regulations as rnay be prescribed from time to time by said officer. 6. APPLICABLE LAWS AND REGUI*ATIONS The grantee sha"ll comply with all applicable Federal, state, coung and municipal laws, ordinances and regulatlons wherein the premises are located. 7. CONDITIONAL USE BY GRANTEE The exercise of the privileges herein granted shall be: a. without cost or expense to the United States; b. subject to the right of the United States to improve, use or maintain the premises. c. subject to other outgrants of the United States on the premises. L d. personal to the grantee, and this license, or any interest thereln, may not be transfened or assigned. 8. CONDITION OF PREMISES The grantee acknowledges that it has inspected the premises, knows its condition, and understands that the same is granted without any representations orwananties whatsoever and without any obligation on the part of the united states. 9. COST OF UTILITIES The grantee shall pay the cost, as determined by the officer having immediate supervision over the prernises, of producing and/or supplying any utilities and other services fumished by the Government orthrough Govemment-owned facilities for the use of the grantee, including the grantee's proportionate share of the cost of operation and maintenance of the Govemment-owned facilities by which such utilities or services are produced or supplied. The Govemment shall be under no obligation tq fumish utilities or services. Payment shall be made in the rnanner prescribed bythe officer having such jurisdiction. 10. PROTECTION OF PROPERW The grantee shall keep the premises in good order and in a clean, safe condition by and at the expense of the grantee. The grantee shall be responsible for any damage that may be caused to property of the United States by the activities of the grantee under this license, and shall exercise due diligence in the protection of all property located on the premises against fire or damage from any and all other causes. Any propedy of the United States damaged ordestroyed by the grantee incident to the exercise of the privileges herein granted shall be promptly repaired or replaced by the grantee to a condition satisfactory to said ofiicer, or at the election of said officer, reimbursement made therefore by the grantee in an amount necessary lo restore or replace the property to a condition satisfactory to said officer. 11. INDEMNITY The United States shall not be responsible for damages to property or injuries to person$ which may arise from or be incident to the exercise of the privileges herein granted, or for damages to the prCIperty of the grantee, or for damages to the property or injuries to the person of the grantee's officers, agents, or employees orothers who may be on the premises at their invitation or the invitation of any one of them, and the grantee shall hold the United States harmless from any and all such claims not including damages due to the fault or negligence of the United States or its contractors. 3 12. RESTORATION On or before the expiration of this license or its terminalion by the grantee, the grantee shall vacate the premises, remove the property of the grantee, and restore the premises to a condition satisfactory to said officer. ll however, this license is revoked, the grantee shall vacate the premises, remove said property and restore the prernises to the aforesaid condition within such tirne as the lnstallation Gommander may designate. ln either event, if the grantee shall fail or neglect to remove said property and restore the premises, then, at the option of said officer, the property shall either become the property of the United States without compensation therefor, or said officer may cause the property to be removed and no claim for damages against the United States or its officers or agents shall be created by or made on account of such rernoval and restoration work. The grantee shall also pay the United States on demand any sum which may be expended by the United States after the expiration, revocation, or termination of this license in restoring the premises. I 3. NON.DtSCRtn/ilNATtON The grantee shall not discriminale against any person or persons or exclude them from participation in the grantee's operations, programs or activities because of race, color, religlon, sex, age, handicap or nationalorigin in the conduct of operations on the premises. The grantee willcomply with the Americans with Disabilities Act and attendant Americans with Disabilities Act Accessibility Guidelines (ADAAG) published by the Architecturaland Transportation Baniers Compliance Board. 14. TERMINATION This license may be terminated by the grantee at any time by giving the lnstallation Commander at least ten days' notice in writing provided that no refund by the United States of any consideration previously paid shall be made and provided further, that in the event that said notice is not given at least ten days prior to the rental due date, the grantee shall be required to pay the consideration for the period shown in the Condition on CONSIDEMTION. 15. ENVIRONMENTAL PROTECTION . a. Within the limits of their respective legal powers, the parties to this license shall protect the premises against pollution of its air, ground and water. The grantee shall comply with any laws, regulations, conditions, or instructions affecting the activity lereby authorized if and when issued by the Environmental Protection Agency, or any Federal, state, interstate or local governmental agency having jurisdiction to abate or prevent pollutlon. The dlsposal of any toxic or hazardous materials within the premises is specifically prohibited. Such regulations, conditions, or instructions in effect or prescribed by said Environmental Protection Agency, or any Federal, state, interstate or localgovernmentalagency are hereby made a condition of this license. The grantee shall not discharge waste or effluent from the premises in such a manner that the 4 discharge will contaminate slreams or other bodies of water or otherwise become a public nuisance. b. The grantee will use all reasonable means available to protect the environrnent and natural rasources, and where darnage nonetheless occurs from the grantee's activities, the grantee shallbe liable to restore the damaged resources. c. The grantee must obtain approval in writing from said ofiicer before any pesticides or herbicides are applied to the premises. 16. HISTORIC PRESERVATION The grantee shall not remove or disturb, or cause or permit to be removed or disturbed, any historical, archeological, architectural or other cultural artifacts, relics, remains or objects of antiquity, ln the event such items are discovered on lhe premises, the grantee shallimmediately notify said officer and protect the site and the material from further disturbance until said officer gives clearance to proceed. 17. DISCLAilUER This license is effective only lnsofar as the rights of the United States in the premises are concerned; and the grantee shallobtain any permit or license which may be require by Federal, state, or local statute in connection with the use of the premises. lt is understood that the granting of this license does not preclude the necessity of obtaining a Department of the Army permit for activities which involve the discharge of dredge oi fill material or the placement of fixed structures in the waters of the United States, pursuant to the provisions of Section 10 of the Rivers and Harbors Act of 3 March 18gg (33 USC 403), and Section 404 of the Clean Waters Act (33 USC 13441. 18. SPEGIAL CONDITIONS a. Access to the Yakima Training Center Military Reservation will be coordinated with Range Operations prior to all entries on to said military reservation lands. b. A copy of this license and the approved land request from Range Operations will be carried by the grantee while on Yakima Training Center Military Reservation. c. The grantee shall cornply with all land use requirements in place when in use. d. Use must be scheduled in advance with Range Operations. e. All use of Yakima Training Center ranges, as well as all handling, movement and storage of explosives and other hazardous materials on Yakima Training Center, is subject to U.S. A*y, lnstallation Management Command, and Yakima Training Center regulations and range Standing Operating Procedures. Grantee shall conform to those c,t or obtain approval from the Joint Base Commander for any issues or activ16s retated torange use that does not conform to these standards. f. Grantee shalldesignate a grantee range Officer ln Charge (OlC) and Range Safety Officer (RSO) to Range Control, ana ihall certiff to Raige Controt those deslgnated personnel have completed National Rifle A-ssociation or equivalent tralning for the weapons to be fired, and shall certify the designated RSO has completed National Rifle Association or equivalent training as a Range safety officer. _9. Grantee shalldesignate a grantee range Officer ln Charge (OlC) and Range Safe$ Officer(RSO) to Range Control, when using Selah Airstrip and shaltcerti[ to Bange Gontrolthose_designated personnelhave completed Washington State C6rtiReO Ernergency Vehicle Operations Course (EVOC) training. h. Grantee shall coordinate any desired media involvement while on Yakima Training Center with the Joint Base Lewis-McOhord Public Affairs Officer (pAO). No media shall be permitted on the base without prior approval frorn the pAo. i' Grantee agrees to inform all people entering onto Yakima Training Center land under this agreement of the need for Unexploded Ordinance (UXO) aw-areness trainingprior to entry onto the installation. Training is located at the following link: htto://www. lewis-mcchof-d.army. mil/safetv/pages/All/UXe.asox THIS LICENSE is not subject to Title 10, United States Code, Section 2662, asamended. set my hand by authority of the 1 Mike Real Property Officer Joint Base Lewis-Mc0hord THIS LICENSE is also executed by the grantee this _day of 2A21. 6 S or Name and Title Kittitas County Review Form Grants & Contract Agreement Today's Date June 24,2021 Ju 6,2021. Agenda Date Fund/Department 30 / Sheriff Contract/Grant lnformation Contract /Grant Agency: Dept. of the Army and Yakima Training Center (SH21-026) Period Begin Date: July 1,,2021 Period End Date: June 30,2022 Total Grant/Contract Amount : 50.00 Grant/Contract Number: YTC 2I-A7 (SH21-026) Contract/Grant Summary: The Secretary of the Army or duly authorized representative of the Secretary hereby grants Kittitas County Sheriff s Office a non-exclusive license for use of lands at the Yakima Training Center Military Reservation for law enforcement training as described in the license document. There is no cost. Financial lnformation Budget lnformation Pass Th h lnformation Total Amount $0 State Funds $0 Federal Funds S0 Percentage County Funds Matching Funds S0 CFDA# NA ln-Kind S0 Expl ai n ls Equipment being purchased? NO Who owns equipment? NA New Personnel being hired? NO Contact HR hiring - reporting requirements NA Future impacts or liability to Kittitas County Budget Amendment Needed ?Yes I attach budget form No f[ why not No Cost New Division Created? NO Revenue Code NA Expense Code NA Agency to Pass Through NA Amount to Pass Through SO Sub-Contract Approved Date Grant/Contract Review Page 1 Prosecutor Review Has the Prosecutor reviewed this agreement?Yes E No CAMAS# 52255 Cou De rtments I ed Submitted Auditor Facilities Maintenance lnformation Services Human Resource Prosecutor Treasurer Signature: 4* 2n-7r -?tl Date: 6 "?- Department: ffieriff Assignment of Trackin lnformation Reviewer Date Grant/Contract Review page 2 Auditor's Office Human Resource Prosecutor's Office 4-(L --^{.t- b Who Signed the grant application t