HomeMy WebLinkAboutRES 2023-161BOARD OF COUNTY COMMISSIONERS
COUNTY OF KITTITAS
STATE OF WASHINGTON
RESOLUflON NO. 2023- l6l
A RESOLUTION AUTHORIZING EXECUTION OF A LICENSE BETWEEN THE DEPARTMENT
OF THE ARMY, YAKIMA TRAINING CENTER MILITARY INSTALLATION; AND YAKIMA AND
KITITTAS COUNTI ES, WASHINGTON
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 September
15, 2023 and ending September 14, 2024, with no cost to the Kittital County Sheriff's
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 I 3th day of 2023
BOARD OF COUNTY COMMISSIONERS
KI HINGTON
ith,ICe-hair
, Commissioner
AP ED AS TO FORM
CL F.THE D
ulie A
{tw7Y
Deputy P secuting Attorney
RESOLUTION
orsvik
Douglas Mitchell
Kittitas County
Review Form
Grants & Contract Agreement
Today's Date
September 8,2023
Agenda Date
Se tember 19 2023
Fund/Department
30 / Sheriff
Contract/G ra nt lnformation
Financial lnformation
Budget lnformation
Pass Thro lnformation
Contract /Grant Dept. of the Arm and Yakima Training Centern
Period Begin Date: September 1,5,2023 Period End Date: September !4,2024
Total Grant/Contract Amount : 50.00
Grant/Contract Number: YTC 23-03 sH23-024
Contract/Grant Summary: The Secretary of the
hereby grants Kittitas County Sheriff s Office a
Army or duly authorized representative of the Secretary
non-exclusive license for use of lands at the Yakima
T'raining Center Military Reservation for law enforcement training as described in the license document
There is no cost.
Total Amount 50 State Funds $0 Federal Funds S0
Percentage County Funds Matching Funds S0 CFDA# NA
ln-Kind $0
Expl a in
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 ! attach budget form No B Why not No Cost
New Division Created? NO
Revenue Code NA
Expense Code NA
Agency to Pass Through NA
Amount to Pass Through 5o
Sub-Contract Approved Date
Grant/Contract Review Page 1.
Prosecutor Review
Has the Prosecutor reviewed this a ement?Yes No CAMAS# 10115
Cou De artments lm d
Submitted
Signatu re Date: t It 2
De rtment: Sheriff
Ass nment of Tracki lnformation
Auditor Facilities Maintenance
lnformation Services Human Resource
Prosecutor Treasu rer
Auditor's Office
Human Resource
Prosecutor's Office +?-)gI
Wlo Signed the grant application \
Reviewer Date
Grant/Contract Review Page 2
YTC 23.03
DEPARTMENT OF THE ARMY 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 General Administrative Powers of
Secretary, hereby grants to Kittitas County Sheriffs Office Multi-Agency Regional
Tactical Response Team, hereinafter referred to as the grantee, a non-exilusive
license for use of ranges for law enforcement training over, 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.
1. TERM
This lice_nse is granted for a term of one year, beginning 15 September 2023 and
ending 14 September 2024, 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 lhe amount of
Waived and NO / 100 DOLI-ARS ($0.00), (n full for the term hereof)
(payable to the order of the Finance and Accounting Officer,
District, and delivered to
b. All consideration and other payments due under the 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 of 1982, (31 U.S.C. Section 9717)-. This statute
requires the imposition of an interest charge for the late payment 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 willbe
implemented as follows:
(1) The Uniled states will impose an interest charge, the amount to be
determined by law or regulation, on late payment of debts. lnterest will accrue from (the
due date) (the later of the due date or the date notificalion of the amount due is mailed
to the granlee). 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 apenalty charge 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 will continue 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 rental or other payment
balance. lnterest will not accrue on any administrative or late payment penat'iy charge.
3. NOTTCES
All notices and correspondence to be given pursuant to this license shall be
addressed, if to the grantee, to Kittitas County Sheriffls Office Multi-Agency Special
Response Team, 307 umptanum Road, Ellensburg, wA, 9g926. poc; chi;f Deputy
Ben Kokjer, Work Phone: 509-962-7525, Email: ben.kokjer@co.kittitas.wa.us, and-
if to the united states, to Public works, ATTN: AMIN-LMP-M, Box 339500, MS tz,
Joint Base Lewis-McChord, Washington 98433-9500; or as may from time to time
otherwise be directed by the parties. Notice shall be deemed to hive been duly given if
and when enclosed in a properly sealed envelope addressed as aforesaid, and
depos.ited, postage prepaid, in a post office regularly maintained by the United States
PostalService.
4. AUTHORIZED REPRESENTATIVES
Except as otherwise specifically provided, any reference herein to "Secretary,',
"lnstallation commandec', or "said offi@r" 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 shatl be subject to the general superuision
and approval of the lnstallation Commander hereinafter referred to as said officer, and
to such rules and regulations as may be prescribed from time to time by said officer.
6. APPLICABLE LAWS AND REGULATIONS
The grantee shall.comply with all applicable Federal, slate, county and municipal
laws, ordinances and regulations 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.
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 ils condition,
and understands that the same is granted without any representations or warranties
whatsoever and without any obligation on the part of ihe United states.
9. COST OF UTILITIES
The grantee shall pay the cost, as determined by the officer having immediate
supervision over the premises, of producing and/or supplying any utiliiies 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 maintenance of the Government-owned facilities by which such utilities or seryices
are produced or supplied. The Government shallbe under no obligation to furnish
utilities or services. Payment shall be made in the manner prescriSed 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 to pqoperty of the United States by the activities of the grantee -
under this license, and shall exercise due diligence in ihe protection of all pioperty
located on the premises against fire or damage from any and all other causes. Anyproperty of the United States damaged or destroyed by the grantee incident to the
exercise of the privileges herein granted shall be promptly ripaired 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 neeessary to 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
persons which may arise from or be incident to the exercise otthe privilegei hereingranted' or for damages t9 lhe property of the grantee, or for damages titne property
or injuries to the person of the grantee's officers, agents, or empby6es or others who
may be on the premises at their invitation or the invitation of any one of them, and thegrantee shall hold the United States harmless.flom any and all such claims not including
damages due to the fault or negligence of the Uniled States or its contractors.
I2. RESTORATION
On or before the expiration of this license or its termination by the grantee, thegrantee shall vacate the premises, remove the property of the giantei and restore thepremises to a condition satisfactory to said officer. lf, however, ttris license is revoked,the grantee shallvacate the premises, remove said property and restore the premises
to the aforesaid condition within such time as the lnstaltation Command"r raydesignate' ln either event, if the grantee shall fail or neglect to remove said propefi
and restore the premises, then, at the option of said oftiier, the property snaii either
become the property of the United States without compensation'therefor, or said officermay cause the property to be removed and no claim for damages against the UnitedStates or its officers or agents shall be created by or made on account of such removaland restoration work. The grantee shallalso pay ttre United States on demand any sumwhich may be expended by the United States afier the expiration, revocation, orlermination of this license in restoring the premises.
13. NON.DISCRIMINATION
_ The grantee shall not discriminate against any person or persons or exclude themfrom participation 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 thepremises. The grantee will comply with the Americans with Disabilities Act anO
attendant Americans with Disabilities Act Accessibility Guidelines (ADAAG) published
by the Architecturaland rransportation Barriers compliance Board.
14. TERMINATION
This license may be terminated by the grantee at any time by giving the lnstallation
Commander at leait ten days' notice in rr-iting proviOeO tnat no refund by the United
States of any consideration previously paid sfiail Ue made and provided iurther, that inthe event that said nolice is not given at least ten days prior to ihe rental due date, lhegranlee shall be required to pay the consideration for the period shown in the Condition
on CONSIDERATION.
15. ENVIRONMENTAL PROTECTION
a. Within the limits of their respective legal powers, the parties to this license shallprotect the premises against pollution of its air, ground and water. The grantee shall
comply with any laws, regulations, conditions, oi instructions affecting th'e activig
lereby authorized if and when issued by the Environmental protectio-n Agency, or anyFederal, state, inter_state or localgovernmentalagency having jurisdictiorito a'bate orprevent pollution' The disposal of any toxic or hazardous materials within the premises
is specifically prohibited. Such regulations, conditions, or instructions in effect orprescribed by said Environmental Proteclion Agency, or any Federal, state, interstate orlocalgovernmental agency are_hereby made a condition orirris license- ine jrantee
shall not discharge waste or effluent firom the premises in such a manner maitne
I
discharge will contaminate streams or other bodies of water or otherwise become apublic nuisance.
b. The grantee will use all reasonable means available to protect the environment
and natural resources, and where damage nonetheless occurs from the grantee's
activities, the grantee shall be liable to restore the damaged resources.
cr The grantee must obtain approval in writing from said officer before anypesticides 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, retics,remains or objects of anliquity. ln the event such items are discovered on the premises,
the grantee shall immediately notiff said officer and protect the site and the materialfrom further disturbance untir 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 shallobtain any permit or license which may fi requireby Federal, state, or local stalute in connection-with the use of the premises. lt isunderstood that the granting of this license.does not preclude the necessity of obtaininga Department of the Army permit for activities which involve the discharge'ofAreOge oifill material or the placement of fixed structures in the waters of the UnitEO States,
P!ltY?!t to the provisions of Section 10 of the Rivers and Harbors Act of 3 March 1g99(33 usc 403), and section 404 of the clean waters Act (33 usc 1344).
18. SPECIAL CONDITIONS
a' Access to the Yakima Training Center Military Reservation willbe coordinatedwith Range Operations prior to altentries on to said military reservation lands.
b. A copy of this license and the approved land request from Range Operalions willbe carried by the grantee while on Yakima Training Center Military nJservaiion.
c. The grantee shall comply 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 andstorage of explosives and other hazardous materials on Yakima fraining Center, issubject to U.S. Army, lnstallation Management Command, and yakima iraining Centerregulations and range Standing Operating Procedures. Grantee shall conform to those
5
or obtain approvalfrom the Joint Base Commander for any issues or activities related torang€ use that does not conform to lhese standards.
f. Grantee shall-designate a granlee range officer ln charge (olc) and Range
qafgtY Officer (RSO) lo Range Control, and lhail c€rtilt/ to Raige Controt nosedesignated personnel have cornpleted National Rifle Aisociatio-n o,
"qulu"i"niirainingfor the weapons to be fired, and shallcertrry the designated RSO fras cornp[reO
NationalRifle Association or equivalent training as a Range Safety officer.
_ g. Grantee shalldesignate a grantee lange officer ln charge (otc) and Range
lafety officer{RSo) lo Range Control, when using Setah Airsirip and ltrific"rrii r
Ran ge Control lh ose des ig nated-pensonnel have cimpteted Waihingto n Siate' Cerf ineO
Emergency Vehicle Operalions Course (EVOC) lraining.
h. Grantee shallcoordinate any desired media involvement while on yakima
Training Center with the Joint Base Lewis-McChord Public Affairs Ofiicer tFAOl. Ho
media shallbe permitted on the base without prior approvalftorn lhe pAo.
i. Grantee agrees lo- lform allpeople entering onto Yakima Training Center land
under this agreement of the need for Unexploded Ordinance (UXO) arr-"r"n"rs lrainingprior to enlry onlo the installalion. Training is located at lhe rolbwing link: - -
h tts:ilvrn'rw, lewis"rugchord.arml. mil/gafelv/peffi $/All/uxo. aso*
THls LIGEN$E is nol subject to Title 10, United States Code. Section 2662, asamended.
lN wrNEss wtlFREgF, I havenhereunto set my hand by authorig of thesecretary of the Army, this 5 r day ot$'Evrl-__-2oza.
Real Property Officer
Joint Base Lewis-McChord
THls LICENSE is atso executed by the granree this ll #day
or jrl*on|_ - . zozg
J
Signature
Typed
t,