HomeMy WebLinkAbout12/09/2008 14 Yakima Basin Water Resource Agency Office Space Agreement BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
II AGENDA STATEMENT
Item No. - 1 '-f
For Meeting of December 9, 2008
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, 2009.
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
0 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 expires in December 31, 2008.
Resolution X Ordinance Other (Specify)
Contract X Mail to (name and address) Jim Milton, YBWRA, 2301 Fruitvale Blvd.,
Yakima, WA 98902 Phone
Funding Source \� ��
APPROVED FOR SUBMITTAL `�
City Manager
STAFF RECOMMENDATION: Adopt Resolution.
COUNCIL ACTION:
RESOLUTION NO. R -2008-
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 dose proximity to each other, and
WHEREAS, it is in the best interests of the City of Yakima to provide the
Yakima B asin 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 9 day of December, 2008.
ATTEST: David Edler, Mayor
City Clerk
(jc)res/Yak Basin Water Resource Agency Agreement 1
OFFICE USE AGREEMENT
THIS OFFICE USE AGREEMENT (hereinafter "Agreement ") is made and
entered into this day of ,2008, by and between 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
410 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, 2009 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 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 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
specified 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 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 interpreted this
Agreement shall lie in the Superior Court of Washington for Yakima County,
Washington.
4110
City of Yakima Yakima Basin Water Resource Agency •
R.A. Zais, Jr., City Manager Richard Dicker, Chairman YBWRA
Date: Date:.
ATTEST: .
City Clerk
Contract No. 2008 -
Resolution_No. R -2008-