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HomeMy WebLinkAboutRES-2022-153BOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESOLUflON No. 2022- l5a A RESOLUTION AUTHORIZING EXECUTION OF A LICENSE BETWEEN THE DEPARTMENT OF THE ARMY, YAKIMA TRAINING CENTER MILITARY INSTALLATION; AND YAKIMA AND KITITTAS COUNTI 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 Sheriffs 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 August 1, 2022 and ending July 30, 2023, 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. ADOPTED this An of 022 UNTY COMMISSIONERS , WASHINGTON rman mrssroner CLERK OFTHE BOARD lie A PR DAST FORM /7p7> Deputy Prosecuti Douglas Mitchell RESOLUTION OTSV Attorney YTC 22.06 DEPARTMENT OF THE ARII],IY LICENSE YAKIMA TRAINING CENTER MILITARY INSTALLATION YAKIMA AND KITTITAS COUNTIES, WASHINGTON THE SECRETARY OF THE ARMY, hereinafter referred to as the Secretary, or duly authorized representative under authority of the GeneralAdministrative Powers of Secretary, hereby grants to Kittitas County Sheriffs Office Multi.Agency Special Response Team, hereinafter referred to as the grantee, a non-exclusive license for billeting, dining facilities, training areas, firing ranges, and Selah Airstrip for emergency vehicle operations training ov€r, across, in and upon lands at Yakima Training Center Military Reservation, washington, hereinafter referred to as the premises. THIS LICENSE is granted subject to the following conditions. {. TERM This license is granted for a term of one year, beginning I AUGUST zozz and ending 3{ JULY 2023, but revocable at will by the secretary of the Army. lt is authorized for no more than seven (7) consecutive days and no more than 30 days for the term. 2. CONSIDERATION a. The grantee shall pay in advance to the United States the amount of - l/llaived- and NO / 100 DOLLARS ($0.00), (in fulllor the term hereof)(payable to the order of the Finance and Accounting Officer, District, and delivered to b. All consideration and other payments due underthe terrns 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 of 1982, (31 U.S.C. Section 3717't. This statute requires the imposition of an interest charge for the late payment of debts owed to the United Stales; 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 g0 days past due, The provisions of lhe statute will be implemented as follows: (1) The United States willimpose an interest charge, the amount to be determined by law or regulation, on late paymenl 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 willalso be imposed. (2) In addition to ihe charges set forth above, the United States will impose a penalty chatge of six percent (6%) per annum on any payment or portion thereof, more than ninety (90) days past due. The penalty shall accrue from the date of delinquency and willcontinue to accrue untilthe debt is paid in tull. (3) Allpayments received willbe applied firsl to any accumulated inlerest, administrative and penalty charges and then to any unpaid rental or other payment balance. lnterest will not accrue on any administrative or late payment penalty charge. 3. NoTTCES All notices and correspondence to be given pursuant to this license shall be addressed, if to the grantee, to Klttitas County Sheriffs Office Multi-Agency Speclal Response Team, 307 Umptanum Road, Ellensburg, WA, 98926. POC, Chief Deputy Ben Kokjer, Work Phone: 509-962-7525, Email: ben.kokjer@co.kittitas.wa.us, and lf to the United States, to Public Worke, ATTN: AnnlN-LMP-lll, Box 339500, Mg 12, Joint Base Lewis-llllcChord, Washington 98433-9500; or as may from time to time othenruise be directed by the parties. Nolice 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 Postal Service. 4. AUTHORIZED REPRESENTATIVES Except as otherwise specificalty provided, any reference herein to "Secretary", "lnstallation Commander", or "said officer" shall include their duly aulhorized representatives. 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 general supervision and approval of the Installation Commander hereinafter referred to as said officer, and to such rules and regulations as may be prescribed from time to time by said officer. 5. APPLICABLE LAWS AND REGUT.ATIONS The grantee shall comply with all applicable Federal, state, county and municipal laws, ordinances and regulations wherein the premises are located. 7. CONDITIONAL USE BY GMNTEE The exercise of the privileges herein granted shallbe: a. without cost or expense to the United States; b. subject lo 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. d. personal to the grantee, and this license, or any interest therein, may not be transferred 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 or warranties 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 otficer having immediate supervision over the premises, of producing and/or supplying any utilities and other services furnished by the Government or through Government-owned facilities for the use of the grantee, including the grantee's proportionate share of the cost of operation and mainlenance of the Government-owned facilities by which such utilities or services are produced or supplied. The Government shall be under no obligation to furnish utilities or services. Payment shall be made in the manner prescribed by the officer having such jurisdiction. 10. PROTECTION OF PROPERTY 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 lo property of the United States by the activities of the grantee under this license, and shallexercise due diligence in the protection of allproperty located on the premises against fire or damage from any and all other causes. Any property of the United States damaged or destroyed 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 officer, or at the election of said officer, reimbursement made therefore by the grantee in an amount necessary to restore or replace lhe property to a condition satisfactory to said officer. {{, INDEMNITY The United States shall not be responsible for damages to property or injuries to persons which may arise from or be incident to the exercise of the privileges herein granted, or for damages to the property of the grantee, or for damages to the property or injuries to the person of the grantee's officers, agents, or employees or others 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 allsuch claims not including damages due to the fault or negligence of the United $tates or ils contractors, 12. RESTORATION On or before the expiration of this license or its lermination 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. lf, however, this license is revoked, the grantee shallvacate the premises, remove said property and restore the premises to the aforesaid condition within such time as the Installation Commander may designate, ln either event, if the grantee shall fail or neglect to remove said property and rastore the premises, then, at the option of said ofiicer, the properg shall either becorne the property of the United States wilhout 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 removal 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. ,l3. NON.DISCRIMINATION The grantee shall not discriminate against any person or persons or exclude them from parlicipation in the grantee's operations, programs or activities because of race, color, religion, sex, age, handicap or national origin in the conduct of operations on the premises. The grantee will comply with the Americans with Disabilities Act and attendant Americans with Disabilities Act Accessibility Guidelines (ADAAG) published by the Architectural and Transportation Baniers Compliance Board. 14. TERMINATION This license may be terminated by the grantee at any time by giving the lnstallation Commander at least len days' notice in writing provided that no refund by the United Stales of any consideration previously paid shall be rnade and provided further, that in the event that said notice is not given at least ten days prior to lhe rental due date, the grantee shall be required to pay lhe consideration for the period shown in the Condition on CON$IDERATION. 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 hereby aulhorized if and when issued by the Environmental Protection Agency, or any Federal, state, interstate or localgovernmental agency having jurisdiction to abate or prevent pollution. The disposal 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 local governmental agency are hereby made a condition of this license. The granlee shall not discharge waste or effluent from the premises in such a manner that the 4 discharge will contaminate streams or other bodies of waler or otherwise become a public nuisance. b. The grantee will use all reasonable means available to protect the environment and naturalresources, and where damage nonetheless occurs from the grantee's activities, the grantee shall be liable to restore the damaged resources, c. The grantee must obtain approval in writing from said officer before any pesticides or herbicides are applied to the premises. 16. HISTORIC PRESERVATION The grantee shall not remove or dislurb, 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 the prernises, the grantee shall immediately notify said oflicer and protect the site and the rnaterial from further disturbance until said officer gives clearance to proceed. 17. DISCLAIMER This license is effective only insofar as the rights of the United States in the premises are concerned; and the grantee shall obtain any permit or license which may be require by Federal, $tate, or local statute in connection with the use of lhe premises. lt is understood that the granting of thio license does not preclude the necessity of obtaining a Department of lhe 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 $tates, pursuant lo the provisions of Section 10 of the Rivers and Harbors Act of 3 March 18gg (33 USC 403), and Section 404 of the Clean Waters Act (33 USC 1344), {8. SPEGIAL CONDITIONS a. Access to the Yakima Training Center Military Reservation will be coordinated with Range Operations prior to allentries on to said military reservation lands. b. A copy of this license and the approved land request from Range Operations will be carried by the grantee while on Yakima Training Center Military Reservation. c. The grantee shallcomply with all land use requirements in place when in use. d. Use must be scheduled in advance with Range Operations. e. All use of Yakima Training Center ranges, as well as all handling, movement and storage of explosives and other hazardous materials on Yakima Training Center, is subject to U.S, Army, lnstallation Management Command, and Yakima Training Center regulations and range Standing Operating Procedures. Grantee shallconform to those !:.J or obtain approval from the Joint Base Commander for any issues or activities related to range use that does not conform to these standards. f. Grantee shalldesignate a grantee range officer ln charge (olc) and Range Safety Officer (RSO)to Range Control, and shall certify to Range Control those designated personnel have completed National Rifle Association or equivalent training for the weapons lo be fired, and shall certify the designated R$O has completed National Rifle Association or equivalent training as a Range Safety Officer. g, Grantee shall designate a grantee range Officer ln Charge (OlC) and Range Safety Officer (RSO) to Range Control, when using Selah Airstrip and shall certify to Range Controlthose designated personnel have completed Washington State Certified Emergency Vehicle Operations Course (EVOC) training. h. Grantee shall coordinate any desired media involvement while on Yakima Training Center with the Joint Base Lewis-McChord Public Affairs Officer (PAO). No media shallbe permitted on the base without prior approvalfrom the PAO. i. Grantee agrees to inforrn all people entering onto Yakima Training Center land under this agreement of the need for Unexploded Ordinance {UXO) awareness training prior to entry onto the installation. Training is located at the following link: httF;f/ryww.lqwis fncchord.armv.mil/safetv/Paces/AlI/UXO.asJU THIS LICENSE is nol subject to Title 10, United $tates Code, Section 2662, as amended. lN WITNES$ WHERFOF, I have hereupto set my hand by authority of the Secretary of the Army, this i& A"y ot St/ll ZOZZ. Mike Real Property Officer Joint Base Lewis-McChord .ftt Lv 2022.THIS LICENSE is also executed by lhe grantee this r ,l day of S re f-L,tv /,,-Y':. n S lIilEAIF F 6 Typed or Printed Name and Title