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HomeMy WebLinkAbout4325 Resolution - Delegated State Rental Agreement for BLEA with WA ST Criminal Justice Training Commission RESOLUTION NO.4325 A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE 1NTERIM CITY MANAGER TO EXECUTE A DELEGATED STATE RENTAL AGREEMENT BETWEEN THE WASHINGTON STATE CRIMINAL JUSTICE TRAINING COMMISION AND THE CITY OF PASCO. WHEREAS, the City of Pasco, Washington, and the Washington State Criminal Justice Training Commission (WSCJTC) desire to enter into this Delegated State Rental Agreement for the purpose of office space and classrooms used to deliver training for the Basic Law Enforcement Academies (BLEA); and WHEREAS, the City of Pasco, Washington, wishes to lease the premises located at 204 W. Clark Street Pasco, WA 99301 to support the operation of the Basic Law Enforcement Academies (BLEA); and WHEREAS, the City of Pasco, Washington, shall do all things necessary for, and incidental to the performance of duties set forth in this Agreement; and WHEREAS, the City Council of the City of Pasco, Washington, has after due consideration, determined that it is in the best interest of the City of Pasco to enter into the Delegated State Rental Agreement for the purpose of office space and classrooms used to deliver training for the Basic Law Enforcement Academies (BLEA) for the Washington State Criminal Justice Training Commission(VVSCJTC). NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO,WASHINGTON: That the City Council of the City of Pasco approves the terms and conditions of the Delegated State Rental Agreement between Washington State Criminal Justice Training Commission(WSCJTC)and the City of Pasco;a copy of which is attached hereto and incorporated herein by reference as Exhibit A; and Be It Further Resolved, that the Interim City Manager of the City of Pasco, Washington, is hereby authorized, empowered, and directed to sign and execute said Agreement on behalf of the City of Pasco; and to make minor substantive changes necessary to execute the Agreement. Be It Further Resolved, that this Resolution shall take effect immediately. Resolution—Rental Agreement for BLEA- 1 PASSED by the City Council of the City of Pasco,Washington, on this 20th day of March, 2023. :� ,. Blanche arajas Mayor ATTEST: APPROVED AS TO FORM: 1 � � �'`��: � — - Debra Barham, CMC Kerr Fer on Law, PLLC City Clerk Cit � ttorneys Resolution—Rental Agreement for BLEA-2 STATE OF WASHINGTON AGENCY: _Washington State Criminal Justice Training Commission DELEGATED STATE RENTAL AGREEMENT: DEL 23-0020 1. This RENTAL AGREEMENT is made and entered into between City of Pasco whose address is 525 N 3`d Avenue Pasco, WA 99301 for its heirs, executors, ariministrators, successors, and assigns, hereinafter called the Landlord, and the State of Washington, Criminal Justice Training Commission,hereinafter called the Tenant, acting under a delegation of authority from the Department of Enterprise Services or its successor Washington state government entity, in accordance with RCW 43.82.010. WHEREAS, the Department of Enterprise Services is granted authority to lease property under RCW 43.82.010; WHEREAS, the Director of the Department of Enterprise Services is also granted autharity to delegate the leasing function to agencies; WHEREAS,the Director has so delegated the authority for this Rental Agreement; WHEREAS, the Landlord and Tenant deem it to be in the best public interest to enter into this Rental Agreement; NOW, THEREFORE, in consideration of the terms, conditions, covenants and performances contained herein,IT IS MUTUALLY AGREED AS FOLLOWS: 2. The Landlord hereby rents to the Tenant the following described premises: Tax Parcel Number: 112035164 Common Street Address: Approximately 2,656 square feet of office and classroom space located at 204 W. Clark. Pasco WA 99301 USE 3. The premises shall be used by the Washington State Criminal Justice Training Commission and/or other state agencies for the following purpose(s): Office space and classrooms to be used to deliver training. Office use includes associated office activities, such as trainings, conferences, retreats,open public meetings,health and wellness activities, and office related parties and social events. TERM Page 1 4. This Rental Agreement, which CANNOT EXCEED FIVE YEARS, shall be effective from Mav 1.2023 through A�ri130. 2028 . RENTAL RATE 5. The Tenant shall pay rent to the Landlord for the premises at the following rate: 2 223.00 per month Payment shall be made at the end of each month upon submission of properly executed vouchers. EXPENSES 6. During the term of this Rental Agreement, Landlord shall pay all real estate taxes, all property assessments, insurance, storm water, water. sewer. �arbage collection, and maintenance and repair as described below, together with natural gas. electriciiv, elevator service. exterior and interior window washin�. landsca e and irri=ation water and 'anitor service. Janitor service includes exterior and interior window washing. restroom su�plies, and li�,ht bulb replacement and such other items as set forth in Eachibit "J" which is attached hereto inco orated herein b� reference. s paragraph, attach the j� , This is found on RES 6.1 The Tennant may reimburse Landlord up to $165,600 for one-time costs associated with the renovation and equipment of the current facility located at 204 West Clark Street. All reimbursement requests must be submitted in writing for prior authorization by Tennant. The Tennant will provide written response to the request and identify the amount the Tennant agrees to provide for the requested project. MAINTENANCE AND REPAIR 7. The Landlord shall maintain the premises in good repair and tenantable condition during the continuance of this Rental Agreement, except in case of damage arising from the negligence of the tenant's agents or employees. Far the purposes of maintenance and repair,the Landlord reserves the right at reasonable times to enter and inspect the premises and to do any necessary maintenance and repairs to the building. Landlord's maintenance and repair obligations shall include, but not be limited to, the mechanical, electrical, interior lighting (including replacement of ballasts, starters and fluorescent tubes as required),plumbing, heating,ventilating and air-conditioning systems(including replacement of filters as recommended in equipment service manual); floor coverings; window coverings; elevators. includin� communications s�stems; inside and outside walls (including windows and entrance and exit doors); all structural portions of the building (including the roof and the watertight integrity of same); porches, stairways; sidewalks; exterior lighting; parking lot (including snow removal, cleaning and restriping as required); wheel bumpers; drainage; landscaping and continuous satisfaction of all governmental requirements generally applicable to similar office buildings in the area(example: fire, building, energy codes, indoor air quality and requirements to provide an architecturally barrier-free premises for people with disabilities, etc.). TERMINATION 8. This Rental Agreement may be terminated by either party giving written notice not less than thiriy(30)days prior to the effective date of termination. Page 2 ASSIGNMENT/SUBLEASE 9. Except for sublet for use by other State agencies per Paragraph 3 (Use), the Tenant may not assign this Rental Agreement or sublet the premises without the prior written consent of the Landlord, which consent shall not be unreasonably withheld or delayed. Landlord shall respond to approve or disapprove a request for consent within thirty (30) days of receipt of the request. If such response is not received within thirty days, it will be considered approved and Tenant will proceed with subrental. Tenant shall not permit the use of the premises by anyone other than the Tenant, such assignee or sublessee, and the employees,agents and servants of the Tenant,assignee,or sublessee. FIXTURES 10. The Tenant shall ha�e the right during the existence of this Rental Agreement with the written permission of the Landlord (such permission shall not be unreasonably withheld), to make alterations, attach fixtures, and erect additions, structures or signs, in or upon the premises hereby rented. Performance of any of the rights authorized above shall be conducted in compliance with all applicable governmental regulations, building codes, including obtaining any necessary permits. Any fixtures, additions, or structures so placed in or upon or attached to the said premises shall be and remain the property of the Tenant and may be removed therefrom by the Tenant upon the termination of this Rental Agreement. Any damage caused by the removal of any of the above items shall be repaired by the Tenant. PREVAILING WAGE 11. Landlord agrees to pay the prevailing rate of wage to all workers, laborers, or mechanics employed in the performance of any part of this Rental Agreement when required by state law to do so, and to comply with the provisions of Chapter 39.12 RCW, as amended, and the rules and regulations of the Department of Labor and Industries and the schedule of prevailing wage rates for the locality or localities where this Rental Agreement will be performed as determined by the Industrial Statistician of the Department of Labor and Industries, are by reference made a part of this Rental Agreement as though fully set forth herein. PAYMENT 12. Any and all payments provided for herein when made to the Landlord by the Tenant shall release the Tenant from any obligation therefore to any other party or assignee. COMPLIANCE WITH STATE/FEDERAL LAWS 13. Landlord is responsible for complying with all applicable provisions of the Americans With Disabilities Act of 1990 (42 U.S.C. 12101- 12213) and the Washington State Law Against Discrimination, Chapter 49.60 RCW, as well as the regulations adopted thereunder, with respect to the Leased Premises. DISASTER 14. In the event the rented premises are destroyed or injured by fire, earthquake or other casualty so as to render the premises unfit for occupancy, and the Landlord neglects and/or refuses to restore said premises to their former condition,then the Tenant may terminate this Rental Agreement and shall be reimbursed for any unearned rent that has been paid. In the event said premises are partially destroyed by any of the aforesaid means,the rent herein agreed to be paid shall be abated from the time of Page 3 occurrence of such destruction or injury until the premises are again restared to their former condition, and any rent paid by the Tenant during the period of abatement shall be credited upon the next installment(s)of rent to be paid. It is understood that the terms "abated" and "abatement" mean a pro rata reduction of area unsuitable for occupancy due to casualty loss in relation to the total rented area. NO GUARANTEES 15. It is understood that no guarantees, express or implied, representations, promises or statements have been made by the Tenant unless endorsed herein in writing and it is further understood that the Tenant, a State agency, is acting in compliance with a delegated authority from the Department of Enterprise Services in accordance with RCW 43.82.010. Any amendment or modification of this Agreement must be in writing and signed by both parties. HAZARDOUS SUBSTANCES 16. Landlord warrants that no hazardous substance, toxic waste, or other toxic substance has been produced, disposed of, or is or has been kept on the premises hereby rented which if found on the property would subject the owner or user to any damages, penalty, or liability under any applicable local, state or federal law or regulation. Landlord shall indemnify and hold harmless the Tenant with respect to any and all damages, costs, attorney fees, and penalties arising from the presence of such substances on the premises, except for such substances as may be placed on the premises by the Tenant. BINDING AUTHORITY 17. It is further understood that this Rental Agreement shall not be binding upon the State of Washington, Criminal Justice Training Commission, unless signed by the Tenant's Director, Commissioner,or his/her designee and approved as to form by the Office of the Attorney General. CAPTIONS 18. The captions and paragraph headings hereof are inserted for convenience purposes only and shall not be deemed to limit or expand the meaning of any paragraph. INTEGRATED DOCUMENT 19. This Rental Agreement and the e�ibits hereto constitute the entire agreement between the parties with respect to the rental of Premises and supersedes all prior and contemporaneous agreements and understandings between the parties hereto relating to the subject matter hereof. NOTICES 20. Wherever in this Rental Agreement written notices are to be given or made, they will be sent by certified mail to the address listed below unless a different address shall be designated in writing and delivered to the other party. LANDLORD: City of Pasco 215 W. Sylvester Pasco,WA 99301 TENANT: Washington State Criminal Justice Training Commission 19010 l st Ave S Burien,WA 98148 Page 4 AND: Department of Enterprise Services Real Estate Services—DEL 23-0020 1500 Jefferson Street S.E.,2°d Floor Post Office Box 41015 Olympia,Washington 98504-1015 IN WITNESS WHEREOF,the parties subscribe their names. LANDLORD: TENANT: City of Pasco State of Washington, Criminal Justice Training Commission By: By: Title: Citv Mana=er Title:Executive Director Date: Date: APPROVED AS TO FORM: By: Assistant Attorney General Date: AGENCYJURAT STATE OF WASHINGTON ) )ss. County of Franklin ) I,the undersigned,a Notary Public,do hereby certify that on this day of , 20 , personally appeared before me _ (name/title) of the , State of Washington,to me known to be the individual described in and who executed the within instrument, and acknowledged that he/she signed and sealed the same as the free and voluntary act and deed of the Deparhnent,for the purposes and uses therein mentioned,and on oath stated that he/she was duly authorized to execute said document. In Witness Whereof I have hereunto set my hand and af�'ixed my official seal the day and year first above written. Notary Public in and far the State of Washington, Residing at My commission expires Page 5 AGENCYJURAT STATE OF WASHINGTON ) )ss. County of King ) I,the undersigned,a Notary Public,do hereby certify that on this day of f, 20 , personally appeared before me _ (name/title) of the _, State of Washington,to me known to be the individual described in and who executed the within instrument, and acknowledged that he/she signed and sealed the same as the free and voluntary act and deed of the Department,for the purposes and uses therein mentioned, and on oath stated that he/she was duly authorized to execute said document. In Witness Whereof I have hereunto set my hand and affixed my of�icial seal the day and year first above written. Notary Public in and for the State of Washington, Residing at My commission expires Page 6