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HomeMy WebLinkAbout92-064 - South Central School District (SCSD) - Foster School Auditorium EquipmentA r c FILE # 0 -._��' DATE COSerS4-ggia.-A-Ciimi,C,i-01., A:4 INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF TUKWILA AND SOUTH CENTRAL SCHOOL DISTRICT NO. 406 THIS AGREEMENT is entered into this day of by and between the City of Tukwila (hereafter "City" or "Tukwila") and South Central School District No. 406 (hereafter "District") according to provisions set forth below. 1. Duration. Pursuant to the provisions of RCW 28A.335.170 applicable to District, this Agreement shall be in full force and effect, once executed, beginning on the date first set forth above for a period of five years, and automatically renewable thereafter for seven consecutive additional five-year periods, unless either party terminates this Agreement pursuant to paragraph 5 herein. PROVIDED, that if the current Foster High School Auditorium ceases to be used as an auditorium during the term of this Agreement, then this Agreement will be of no effect with respect to the now current auditorium building but will be in full force and effect with respect to any building then used as the auditorium. 2. Separate Legal or Administrative Entity. No separate legal or administrative entity is created herein, as such entity is contemplated by RCW 39.34.030(3)(b). Provision for joint administration is set forth below in paragraph 6. 3. Purpose. By letter dated October 25, 1991, addressed to Tukwila Mayor Gary L. VanDusen and authored by District -1- Superintendent Michael Silver, the District requested a sum not to exceed $400,000 from Tukwila to assist in completion of auditorium improvements to be installed at the new Foster High School, construction of which is nearly complete. The referenced letter, and its original attachments regarding cost alternative, are attached hereto as Exhibit A. The City Council of the City of Tukwila, by action taken December 16, 1991, agreed to fund the requested improvements. In exchange, the City is entitled to free use of the auditorium, and additional consideration more fully described herein. This Agreement is intended to clearly delineate the rights and obligations of each party hereto, while leaving sufficient discretion to the administrative board described in paragraph 6 below to provide for daily operational and use decisions. 4. Financing and Budget. The City agrees to contribute a maximum amount of $400,000 to the District in order to purchase and install the equipment described in Exhibit A. The timing and manner of payment will be as determined by the administrative board set forth in paragraph 6 below. 5. Termination of Agreement and Disposition of Equipment Acquired. This Agreement is terminable only by Tukwila. If Tukwila elects to terminate this Agreement, it shall send written notice of same to the District Superintendent at that time. The District understands and agrees that it shall have no right to terminate this Agreement prior to the expiration of the term, including renewal periods, set forth above due to the fact that -2- Tukwila will have fully performed its funding obligation within the first year of this Agreement; PROVIDED, however, that the District shall have the right to terminate this Agreement at any time after the expiration of the first 12 months of this Agreement by first repaying to Tukwila $400,000. District shall additionally have the right to terminate this Agreement after the expiration of any of the eight five-year increments set forth in paragraph 1 by first repaying to Tukwila $50,000 for each of any remaining five-year increments. In the event that Tukwila elects to terminate this Agreement, District shall be entitled to keep all equipment purchased with Tukwila's funds. In the event that District elects to terminate this Agreement upon payment as set forth above, District shall be entitled to keep all equipment purchased by virtue of Tukwila's funds. 6. Joint Administration. Each party to this Agreement shall designate one person to jointly administer this Agreement, including daily operational and use decisions. The initial representatives shall be the District Superintendent or his designee and the Tukwila Mayor or his designee. The representatives shall determine, among other things, the manner of acquiring, holding and using of the equipment contemplated in Exhibit A and any other property jointly acquired pursuant to this Agreement; Provided, that the District shall bid, select and own the purchased property. -3- 7. Notwithstanding any other term of this Agreement, including the powers delegated to the administrative Board in paragraph 6, above, the City of Tukwila shall be entitled to the following for the term of this Agreement, for and in consideration of the expenditure of City funds: a. Priority for the scheduling and use of the Foster High School Auditorium for all dates and events other than those directly sponsored by the District. Such use by the City shall be free of any charge of any type, except actual custodial charge and security charges for those City or City -sponsored events for which the joint administrators feel security is necessary. The joint administrators shall determine a procedure for scheduling and use of the auditorium. Tukwila activities entitled to the benefit of this subparagraph include those sponsored directly or indirectly by the City and that are provided free of charge to citizens. b. All rental fees actually collected by the District and or the City from any person or entity for use of the Foster High School Auditorium shall be separately accounted for and applied to the purchase of capital replacement or improvement items for the auditorium or other uses as agreed upon by the joint administrators. The joint administrators shall determine outside rental rates each December that this Agreement is in force for use during the subsequent calendar year. 8. The District remains responsible for maintenance and repair exclusive of normal wear and tear for any and all -4- equipment purchased with City funds throughout the term of this Agreement. 9. Indemnification and Insurance. 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 attorneys 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. 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 $500,000 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 name the other party as an additional named insured and 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 activate the provisions of the termination clause of this Agreement. A certificate of insurance coverage showing the other party as an additional named insured shall be delivered -5- to the other party within 15 days of the execution of this Agreement. 10. Discrimination Prohibited. Neither party shall discriminate against any applicant for use of the auditorium on the basis of race, color, religion, creed, sex, age, national origin, marital status or presence of any sensory, mental or physical handicap. 11. Assignment. Neither party shall assign its rights or obligations under this Agreement without the prior written consent of the other. 12. Entire Agreement. 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 changes in this Agreement which are mutually agreed upon shall be incorporated by written amendment. 13. Law, Venue and Attorneys Fees. 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 attorneys fees and costs of suit. -6- DATED: /-3o- Approved as to -)l"e 46tA/I City Attorn DATED: DATED: Form: i4/7412 CITY OF TUKWILA Joh W. Rants, ayor tt`dst: ane Cantu, City Clerk SOUTH CENTRAL SCHOOL DISTRICT NO. 406 D ' ichael Si1v r Superintendent FOR AND ON BEHALF OF THE DISTRICT BOARD OF DIRECTORS zit A. r aLAA,2- Ronald 1,amb • • RESOLUTION NO. 1258 JOINT RESOLUTION BETWEEN THE CITY OF TUKWILA AND THE SOUTH CENTRAL SCHOOL DISTRICT. WHEREAS, the boundaries of the South Central School District and the City of Tukwila are largely congruous, although there are families in the City whose homes are in the Highline School District; and WHEREAS, the South Central School District and the City of Tukwila recognize the need to maximize and not duplicate services or capital and other resources; and WHEREAS, it has been determined that it is in the best interest of all parties to provide direction or parameters for the City and School District staffs to work jointly toward common goals; NOW THEREFORE BE IT RESOLVED: that the City or District may make available, without fees to one another, facilities or other resources for community programs. Such use may occur when resources are not being used for school or City activities/programs and the use would not interfere with the normal operations of either the City or District. FURTHER BE IT RESOLVED: that the City Council of the City of Tukwila and the South Central Board of Directors encourage their respective staff members to work together to affect policies and programs with the optimum use of resources. Details of the above uses will be in writing, including whether or not any fees or ancillary charges are warranted. Agreements may take the form of Interlocal Agreements (i.e., Foster High School Auditorium agreement), resolutions (i.e., use of school facilities for Pride Pak program and use of district baseball fields); or contracts (i.e., ECEAP support and the ESL program). Agreements may be initiated by staff members of either agency, with the understanding that each agency's normal management information and approval processes will be followed. All final agreements must be approved by the Mayor and Superintendent. When applicable, agreements must ensure equal opportunity for participation of all Tukwila residents regardless of the school district in which they reside. Agreements may be written for as long as two years, and may be renewed annually. Agreements longer than two years will require City Council and School Board approvals. Any agreement requiring the allocation of funds shall first be approved in accordance with each agency'slrequirements. This resolution supersedes the Reciprocal Agreement between the City and the District dated October 3, 1983. Steve Lawrence, Council President City of Tukwila -7-y Date 7// Michael Silver, u erintendent South Central School District Date