HomeMy WebLinkAbout96-015 - South Central School District - Use of FacilitiesINTERLOCAL AGREEMENT l Z
CITY OF TUKWILA AND SOUTH CENTRAL SCHOOL DISTRICT
THIS AGREEMENT is entered into this// day of t O. , by
and between the City of Tukwila (hereinafter "City") and South Central School District
No 406 (hereinafter "District") according to provisions set forth below.
Whereas, the City and the District have established a positive and cooperative
relationship and,
Whereas, the City and the District are authorized to enter into agreements with
each other and to do things necessary to aid and cooperate in the betterment of the
community and,
Whereas the City and the District share a common goal of the development of
adequate recreation and school facilities for all students and residents and,
Whereas, the City and the District have a limited number of athletic fields and
indoor areas available for public use and are unable to meet the demands for those
facilities and,
Whereas, the City and District encourage community use of park and school
facilities and the City and the District encourage a cooperative effort for the use and
construction of both City and District facilities with the least possible expenditure of
public funds and,
Whereas, a joint usage agreement for athletic fields and indoor areas would allow
and encourage the City and the District to work together in utilizing existing outdoor and
indoor facilities and in planning, developing, upgrading and building similar type
facilities for joint use,
Now therefore, the City Council of the City of Tukwila and the School Board of
the South Central School District #406 agree to cooperate with each other carrying out the
above purposes, and to that end agree as follows.
Upon request, the District will make available school facilities to the City's Parks
and Recreation Department for use in connection with community recreational
programs under the supervision or control of the City at no charge, subject to the
schedule of facility/school by the District. Written requests for usage on behalf of
the City will be sent to the District Superintendent or designated representative.
The City shall receive priority after the District's use and before other unscheduled,
outside organizations. Facilities include playfields, athletic fields, classrooms and
recreational portions of the buildings, such as gymnasiums.
2. Upon request, the�.Jty will make available City facilities to the District at no
charge, subject to the schedule of facility, activities and programs by the City.
Written requests for usage on behalf of the District will be sent to the Parks and
Recreation Director or designated representative. The District shall receive
priority after the City's use and before other unscheduled, outside organizations.
Facilities include the Tukwila Community Center, athletics fields, golf course, and
parks.
3. It is understood and agreed that the personnel employed by each agency shall be
under the supervision of that agency. Further, each agency shall establish rules
and regulations with regard to the use of its facilities that will be held to by the
user.
4. The use of school facilities shall be in accordance with the regular procedures of
the District in granting permits for use of school facilities as provided for by the
Laws of Washington and the rules and regulations of the District, or as otherwise
provided for in this agreement.
5. It is further understood and agreed that either party to this Agreement may at any
time terminate this Agreement upon giving, in writing, to the other party thirty
(30) day's notice of its intention to terminate same.
6. Each party agrees to indemnify, defend and hold harmless the other, and the
other's agents, employees and contractors, from and against any and all costs
(including attorney's fees), claims and liability arising out of this Agreement,
including property damage and personal injury and death, resulting in whole or in
part from the acts or omissions of that party or its employees, agents or
contractors. Both parties will assist the other by preserving and presenting a
defense of limited liability under RCW4.24.210, for allowing the public to use
either District or City property for outdoor recreation. It is further agreed that the
District/City shall be responsible for any and all damages to City/District property
caused by or resulting from negligence of the District/City. To the extent the
parties are found to be concurrently at fault, this obligation to defend, indemnify
and hold harmless shall be ratable in the same proportion as the concurrent fault.
Each party shall procure and maintain at its sole expense throughout the term of
this Agreement comprehensive general liability insurance, with a current minimum
coverage of $1,000,000 per occurrence for personal injury and property damage.
The amount of required minimum coverage shall be reviewed annually by the joint
administrators. Each policy shall include a provision prohibiting cancellation or
reduction in the amount of said policy except upon 30 days prior written notice to
the other party Cancellation of the required insurance shall automatically
terminate this Agreement.
7. Neither party shall discriminate against any applicant for use of their facilities on
the basis of race, color, religion, creed, sex, age, national origin, marital status or
presence of any sensory, mental or physical handicap.
8. Neither party shall assign its rights or obligations under this Agreement without
the prior written consent of the other.
9. This Agreement contains the entire Agreement between the parties hereto and no
other agreements, oral or otherwise, regarding the subject matter of this Agreement
shall be deemed to exist or to bind any of the parties hereto. Any special additions
to this Agreement which are mutually agreed upon shall be incorporated by written
amendment and must be approved by the City and District. Examples of special
additions may include, but in no way be limited to; the rehabilitation or
construction of facilities or equipment owned by the other participant to this
agreement; employee and other costs related to provide support for use of facilities
by the other party; or utility or maintenance costs related to a specific facility.
10. This Agreement shall be governed by and construed in accordance with the laws of
the State of Washington. In the event that any suit, arbitration or other proceeding
is instituted to enforce any term of this Agreement, the parties specifically
understand and agree that venue shall be exclusively laid in King County,
Washington. The prevailing party in any such action shall be entitled to recover its
attorney's fees and costs of suit.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed on their behalf.
THE CITY OF TUKWILA, A Municipal Co .oration.
BY W
Mayor of Tukwila
City Clerk
SOUTH CENTRAL SCHOOL DISTRICT #406
j
President, Sout entral School Board of Directors
ATTEST
Secretary, South Central chool Board of Directors