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HomeMy WebLinkAboutR-2010-007 Office Use Agreement with Yakima Basin Water Resource AgencyRESOLUTION NO. R-2010-07 A RESOLUTION authorizing the City Manager to execute an Office Use Agreement with Yakima Basin Water Resources Agency for use of office space. WHEREAS, the City of Yakima, along with a number of other public entities within the Yakima River Basin, executed an "Interlocal Agreement for the implementation of the Watershed Management Plan, Yakima River Basin"; and WHEREAS, said Interlocal Agreement designated the Yakima Basin Water Resource Agency as lead agency for watershed plan implementation; and WHEREAS, the Yakima Basin Water Resource Agency requires office space to conduct its various functions and duties as a lead agency; and WHEREAS, the City of Yakima owns certain property known as the Kary Annex on Fruitvale Boulevard; and WHEREAS, the City has office space available at this time within the Kary Annex, and the City of Yakima is willing to provide office space to the Yakima Basin Water Resource Agency for a specified and finite period of time; and WHEREAS, the City and the Yakima Basin Water Resource Agency will mutually benefit from an office -sharing arrangement in that the Yakima Basin Water Resource Agency will receive necessary office space for its operations and the City will benefit from the Agency's expertise in water -related consultation opportunities while the two entities are in close proximity to each other; and WHEREAS, it is in the best interests of the City of Yakima to provide the Yakima Basin Water Resource Agency with the use of and access to two offices at the Kary Annex, 2301 Fruitvale Blvd, Yakima, Washington; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute the attached and incorporated Office Use Agreement with the Yakima Basin Water Resource Agency. ADOPTED BY THE CITY COUNCIL this 5th day of January, 2010. 4-zreiL.J Micah Cawley, Ma ATTEST: OFFICE USE AGREEMENT THIS OFFICE USE AGREEMENT (hereinafter "Agreement") is made and entered into this day of \,(2huayq ,2010, by andbetween YAKIMA BASIN WATER RESOURCE AGENCY, a Washington non-profit corporation, hereinafter "YBWRA", and THE CITY OF YAKIMA, a Washington municipal corporation, hereinafter "City". WHEREAS, on June 6, 2006, the City of Yakima, along with a number of other public entities within the Yakima River Basin, executed an "Interlocal Agreement Regarding Watershed Plan Implementation for the Yakima River Basin"; and WHEREAS, said Agreement designated YBWRA as the lead agency for watershed plan implementation, authorized YBWRA to apply for grants from federal, state, local and private sources, authorized YBWRA to hire necessary personnel and outside consultants, and to perform various watershed -related functions; and WHEREAS, YBWRA requires office space to conduct its various functions and duties as the. lead agency; and WHEREAS, the City and YBWRA will mutually benefit from the office -sharing arrangement in that YBWRA will receive needed office space and the City will benefit from YBWRA's expertise in water -related consultation; and WHEREAS, in consideration of the services provided by YBWRA, the City is willing to provide office space to YBWRA for a specific and finite period of time; NOW, THEREFORE, in consideration of mutual covenants, promises, and agreements set forth herein, it is agreed by and between the City and YBWRA as follows. 1. Use of Office Space. The City, through the Public Works Department, shall provide YBWRA with the use of and access to two (2) offices at the Kary Annex, 2301 Fruitvale Boulevard, Yakima, Washington 98902. The office space shall be designated by and provided at the discretion of the Director of the Public Works Department. The Director may, at his discretion, allow YBWRA to use and access certain other equipment and materials (i.e., copier, phones and phone lines) that are necessary for YBWRA to carry out its functions and duties. 2. Term. The term of this Agreement shall be from the date of execution through December 31, 2010 unless sooner terminated by either party in accordance with Section 10 of this Agreement. 3. Condition of the Premises. YBWRA shall maintain the offices in as good a state and condition as when received by YBWRA. On or before termination of the Agreement, YBWRA shall vacate, quit and surrender the offices in as good a state and condition as when received by YBWRA or as improved thereafter, and will deliver up all keys belonging to the property to the City. At the time of termination and upon vacation of the premises by YBWRA, YBWRA shall be responsible for the costs of any repairs, improvements or cleaning that the City determines to be necessary due to the use and/or negligence of YBWRA , its officers, employees, agents or volunteers. 4. Utilities. The City shall be responsible for all charges for lights, heat, gas, water and power for the offices provided to YBWRA. YBWRA shall be responsible for all telephone, modem, facsimile, and computer hookup / connection charges and shall not allow any charge or charges therefore to become delinquent or to become liens upon the property or any part thereof, and all charges of whatsoever nature against the property caused in the course of YBWRA's business shall be paid by YBWRA before delinquency. 5. Access. YBWRA will allow City or City's agents free access at all reasonable times to the offices for the purposes of inspection during normal business hours and at all times during emergencies. 6. Compliance with Law. YBWRA agrees to use the offices provided by the City pursuant to this Agreement in full compliance with any and all applicable laws, rules, and regulations adopted or promulgated by any govemmental agency or regulatory body, whether federal, state, local, or otherwise. 7 Assignment. This Agreement, or any interest herein, shall not be assigned, subcontracted, or transferred in whole or in part by YBWRA to any other person or entity without prior written consent of the City. In the event that such prior written consent to such assignment, subcontract, or transfer is granted, then the assignee, subcontractor, or transferee shall assume all duties, obligations, and liabilities of YBWRA as stated herein. 8. Non -Waiver of Breach. The failure of either party to insist upon strict performance of any term, condition, covenant or agreement of this Agreement shall not be construed to be a waiver or relinquishment of that or any other term, condition, covenant or agreement herein, but the same shall be and remain in force and effect. 9. Severability. If any portion of this Agreement is changed per mutual agreement or any portion is held invalid, the remainder of the Agreement shall remain in full force and effect. 10. Termination. Either party may terminate this Agreement, with or without cause, by providing written notice of termination to the other party not less then thirty (30) days prior to the effective date of such termination. 11. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and sent out hand -delivered to the parties at their addresses as follows: YBWRA: Yakima Basin Water Resource Agency Attention: Jim Milton, Executive Director Kary Annex 2301 Fruitvale Boulevard Yakima, WA 98902 City City of Yakima Attention: Chris Waarvick Public Works Director 2301 Fruitvale Boulevard Yakima, WA 98902 or to such addresses as the parties may hereafter designate, in writing. Notices and / or demands shall be sent by registered or certified mail, postage prepaid or hand -delivered. Such notice shall be deemed effective when mailed or hand -delivered at the addresses specked above. 12. Drafting of Agreement. Both the City and YBWRA have participated in the drafting of this Agreement. As such, it is agreed by the parties that the general contract rule of law that ambiguities within a contract shall be construed against the drafter of a contract shall have no application to any legal proceeding, arbitration and / or action in which this Agreement and its terms and conditions are being interpreted and / or enforced. 13. Integration and Suppression. This Agreement sets forth all of the terms, conditions, and agreements of the parties relative to the subject matter hereof and supersedes any and all such former agreements which are hereby declared terminated and of no further force and effect upon the execution and delivery hereof. There are no terms, conditions, or agreements with respect thereto, except as herein provided and no amendment or modification of this Agreement shall be effective unless reduced to writing and executed by the parties hereof. 14. Governing Law. This Agreement shall be govemed by, interpreted under and construed in accordance with the laws of the State of Washington. 15. Venue. The venue for any action to enforce, apply and / or interpreted this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. City of Yakima Yakima Basin Water Resource Agency R.A. Zais, Jr., Ci anager Richard Dicker, Chairman YBWRA Date: 1/ 2//o Date: / /2 /ic ATTEST: Contract No. c0/0 -C(.6 -- Resolution No. if -,-201 -6 7 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of January 5, 2010 ITEM TITLE: Resolution Authorizing an Office Use Agreement with the Yakima Basin Water Resource Agency for use of Office Space at Public Works. SUBMITTED BY: Chris Waarvick, Director of Public Works David Brown, Water/Irrigation Manager CONTACT PERSON/TELEPHONE: David Brown, 575-6204 SUMMARY EXPLANATION: The attached resolution and agreement are for the Yakima Basin Water Resource Agency (YBWRA) use of office space at the City of Yakima's Public Works Kary Annex under the conditions found within the Contract. The Agreement provides the described services through December 2010. Through the Office Use Agreement the City is providing an affordable opportunity to the YRBWRA. The City is not charging rent for this space insofar as it is being provided to assist another govemmental agency. However, YBWRA will reimburse the City for the value of the use through the YBWRA's close proximity to City staff, thereby promoting opportunities for consultation on important water issues. The City and the YBWRA current Office Use Agreement expired on December 31, 2009. Resolution Ordinance Contract Other (Specify) Mail to: Jim Milton, YBWRA, 2301 Fruitvale Blvd. Yakima, WA 98902 Funding Source: N/A APPROVAL FOR SLJBMITTA City Manager STAFF RECOMMENDATION: Adopt Resolution. BOARD/COM MISS ION/COM M ITTEE RECOMMENDATION: COUNCIL ACTION: There was no list of alternate employees established when this was voted on. Payroll can create a list of employees that received the back pay but it wouldn't be the one that actually went to Council...because one never did... Connie Mendoza Director of Human Resources 129 N. 2nd Street Yakima, WA 98901 R. (509)249-6868