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Home My WebLink AboutR-2002-129 Tri-County Water Resource Agency Office Use AgreementP. RESOLUTION NO. R-2002- 129 A RESOLUTION authorizing the City Manager to execute an Office Use Agreement with Tri -County Water Resource Agency. WHEREAS, the City of Yakima, along with a number of other public entities within the Yakima River Basin, executed a "Memorandum of Agreement Regarding Watershed Planning Initiation For the Yakima River Basin"; and WHEREAS, said Memorandum of Agreement designated the Tri -County Water Resource Agency as the lead agency for watershed planning; and WHEREAS, the Tri -County Water Resource Agency requires office space to conduct its various functions and duties as lead agency; 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, and the City of Yakima is willing to provide office space to the Tri -County Water Resource Agency for a limited period of time, and it is in the best interest of the City of Yakima to provide the Tri -County Water Resource Agency with the use of and access to two offices at the Kary Annex, 2301 Fruitvale Boulevard, 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 Office Use Agreement with the Tri -County Water Resource Agency. ADOPTED BY THE CITY COUNCIL THIS 15th of October 2002. ATTEST: City Clerk OFFICE USE AGREEMENT THIS OFFICE USE AGREEMENT (hereinafter "Agreement") is made and entered into this 0/ day of Calg/Js f , 2002, by and between TRI -COUNTY WATER RESOURCE AGENCY, a Washington non-profit corporation, hereinafter "TCWRA", and THE CITY OF YAKIMA, a Washington municipal corporation, hereinafter "City". WHEREAS, on May 28, 1998, the City of Yakima, along with a number of other public entities within the Yakima River Basin, executed a "Memorandum of Agreement Regarding Watershed Planning Initiation For The Yakima River Basin." WHEREAS, said Memorandum of Agreement designated TCWRA as the lead agency for watershed planning, authorized TCWRA to apply for grants from federal, state, local and private sources, authorized TCWRA to hire necessary personnel and outside consultants, and to perform various functions. WHEREAS, TCWRA requires office space to conduct its various functions and duties as lead agency. WHEREAS, in consideration of the services provided by TCWRA, the City is willing to provide office space to TCWRA for a limited period of time. NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements set forth herein, it is agreed by and between the City and TCWRA as follows: 1. Use of Office Space. The City, through the Public Works Depariment, shall provide TCWRA with the use of and access to two offices at the Kary Annex, 2301 Fruitvale Boulevard, Yakima, Washington 98902. The office space shall be designated by and at the discretion of the Director of the Public Works Department. The Director may, at his discretion, also allow TCWRA to use and access certain other equipment and materials (i.e., copier, phones and phone lines) that are necessary for TCWRA to carry out its functions and duties. 2. Term. The term of this Agreement shall be from August 3/, 2002 through midnight, December 31, 2003, unless sooner terminated by either party in accordance with Section 10 of this Agreement. -1- (lk/agree.public works tri -county water 8-26-02) 3. Condition of the Premises. TCWRA shall maintain the offices in as good a state and condition as when received by TCWRA. On or before termination of this Agreement, TCWRA shall vacate, quit and surrender the offices in as good a state and condition as when received by TCWRA 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 TCWRA, TCWRA shall be responsible for the costs of any repairs, improvements or cleaning that the City determines is necessary due to the negligence of TCWRA, 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 TCWRA. TCWRA 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 TCWRA's business shall be paid before delinquency. 5. Access. TCWRA 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. TCWRA 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 governmental 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 TCWRA 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 TCWRA as stated herein. 8. Non -Waiver of Breach. The failure of either party to insist upon strict performance of any of the terms, conditions, covenants or agreements of this Agreement shall not be construed to be a waiver or relinquishment of any such or any other term, condition, covenant or agreement, but the same shall be and remain in full force and effect. -2- (1k/agree.public works tri -county water 8-26-02) 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 than ten (10) 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 or hand -delivered to the parties at their addresses as follows: TCWRA: Tri -County Water Resources 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 specified above. 12. Drafting of Agreement. Both the City and TCWRA 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 Supersession. 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 -3- (!k/agree.public works tri -county water 8-26-02) 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 governed 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 interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. City of Yakima Date: (7C/1-06 / o9- ooa ATTEST: City Clerk Contract No. "AO - 96 Resolution No. X-o?OOv? 079 -4- (1k/agree.public works tri -county water 8-26-02) Tri -County Water Resource Agency By: Max Benitz, Tr., Co B Its: Chairman ounty issioner Date: £ C /bhcr 3/, 0260A BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. f1 For Meeting of October 15, 2002 ITEM TITLE: Resolution Authorizing Office Use Agreement with Tri -County Water Resource Agency at Public Works SUBMITTED BY: Chris Waarvick, Director of Public Works CONTACT PERSON/TELEPHONE: Chris Waarvick, Director of Public Works/575-6005 SUMMARY EXPLANATION: The attached resolution and agreement are for the Tri -County Water Resource Agency (TCWRA) use of office space at the City of Yakima's Public Works Kary Annex under the conditions found within the contract. The agreement is through December 2003. The City is providing this opportunity by agreement to TCWRA in a manner that is affordable and convenient. The City is not charging rent for this space since it is another governmental agency. However, TCWRA will reimburse the City for operating costs, such as utilities, etc. This relationship is also a benefit to the City because of TCWRA's close proximity to City staff, promoting occurrences of consultation on important water issues. Resolution X Ordinance Other (Specify) Contract X Mail to (name and address): Send to PW Admin Attn: Chris Waarvick Funding Source: N/A APPROVED FOR SUBMITTAL: e�a�`—� City Manager STAFF RECOMMENDATION: Staff respectfully requests Council to adopt the resolution authorizing execution of an Office Use Agreement with the Tri -County Water Resource Agency. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolut )nnadopted. RESOLUTION NO. R-2002-129