HomeMy WebLinkAboutReg 2004-05-03 Item 3F - Interlocal Agreement - Use of Tukwila School Districts Facilities ' - ........................ Initials ........ ~' ~ .............. ITEMNO.
i Meeting Date Prepared by Mayor's review Cou,~ncil r~iew
~ ' ,
CAS Number: 04-057 I Original Agenda Date: 4/26/04
Agenda Item Title: Interlocal Agreement / City of Tukwila and the Tukwila School District
Original Sponsor: Council Admin. ]>arks & Recreation
Timeline:
Sponsor's Summary: The updated interlocal agreement will allow the City to use the districts athletic fields,
Classrooms and gymnasiums for recreational and community programs and events. The
agreement will also allow the School District to use the City's Community Center, athletic
fields, parks and golf course. The last interlocal agreement was dated March 11, 1996.
Recommendations:
Sponsor: Recommend updating interlocal agreemeat.
Committee: Recommended to COW for further discussion.
Administration: Same as sponsor
Cost Impact (if known): NA
Fund Source (if known): NA ..
Meeting Date Action
04-26-04 COW; Discussion; consensus existed to make minor edits to the ILA and to
forward it to the Regular Meeting on 05-0~-04.
Meeting Date Attachments
4/26/04 Memo from Bruce Fletcher dated 3/18/04
Draft interlocal agreement
Interlocal agreement dated 3/11/96
CAP minutes dated 3/23/04
05-08-04 Updated Interlocal Agreement
INTERLOCAL AGREEMENT BETWEEN THE
CITY OF TUKWILA AND THE TUKWILA SCHOOL DISTRICT
THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into
pursuant fo the Inter-local Cooperation Act, Chapter 39.34 of the Revised Code
of Washington, by and between the City of Tukwila ("City") and the Tukwila
School District ("District") (collectively referred to as "the parties"), for the
creation and operation of a program to facilitate the joint use of City and
District facilities for the benefit of Tukwila's residents and students.
WHEREAS, the City and the District share a common goal to provide for
the efficient use of recreation facilities for all students and citizens; and
WHEREAS, the City and the District desire to establish a cooperative facility
use agreement; and
WHEREAS, a joint usage agreement for shared facility use would allow and
encourage the City and the District to work together to utilize existing outdoor and
indoor facilities and to plan, develop, upgrade and build similar type facilities for joint
use;
NOW, THEREFORE, in consideration of the terms and provisions herein, it is
agreed by and between the City of Tukwila and the Tukwila School District as
follows:
1. Statement of Purpose. The purpose of this Agreement is to facilitate
the joint use of City and District facilities for the benefit of Tukwila's residents and
students.
2. City use of District Facilities. Upon request, the District will make
school facilities available to the City's Parks and Recreation Departmer~t for use
in connection with recreation programs authorized by the Parks and Recreation
Director, subject to availability. Written requests for usage will be sent to the
District Superintendent or designated representative. The City shall receive
priority after the District's use and before unscheduled activities of outside
organizations. The facilities shall be available without payment of rental fee to
the District during days when school is not in session and after school hours;
provided, that the District may charge reasonable custodial fees when, in the
view of the District, the facility was left' unkempt or damaged. No special
financing or budgeting is required under RCW 39.34.030(3)(d). Facilities include,
but are not limited to, playfields, athletic fields, classrooms, and recreational
portions of the buildings, such as gymnasiums.
3. Turf Maintenance. The Parks and Recreation Department will
provide turf maintenance of the soccer field and baseball diamond located at
Showalter Middle School~ including annual preparation of the baseball field and
mowing, fertilizing, and maintenance of the soccer field sprinkler system.
4. Community & AcluIt EcJucatJon Classes. The District will provic~e
conference anc~ classroom space for city sponsorect community meetings anct
aclult eclucational programs free of rental'fees when space is available.
Security fees may be chargec~ (opening anc~ closing costs) wt~en use occurs
cJurJng non-operational periocb.
5. Exclusions. City use of the Neuctorf Staclium facility ancl the
Performing Arts Center, anc~ District use of the community swimming pool anct
golf course clubhouse, are excluclect from this Agreement.
6. City Access to District Facilities. The Parks ancl Recreation Director
shall be provictect keys to District facilities uncter the terms of this Agreement. The
Parks anc~ Recreation Director may assign keys to city employees who fall witt~in
his/her clirect supervision for the purpose of builcling access. The cluplication of
District keys is prohibitect. Keys provictecl pursuant to this section shall be usec~
only for access allowecl pursuant to this agreement.
7. District Access to City Facilities. Upon request, tt~e City will make
availal~le City facilities to the District for use in connection with District programs,
subject to availability. Written requests for usage shall be sent to the Parks ancl
Recreation Director or ctesignatec~ representative. The District shall receive
priority after tl~e City's use anct before unschec~ulecJ activities of outsic~e
organizations. The facilities shall be available without payment of rental fees to
the City when not in use by the City; proviclect that the City may charge
reasonable custoctial fees when, in the view of the City, the facility was left
unkempt or cJamagecL Facilities JnclucJe, but are not limitecl to, the Tukwila
Community Center, athletic fielc~s, parks, ancl golf course.
8. Personnel. It is uncterstooc~ ancl agreec~ that the personnel
employec~ by each agency shall be unc~er tl~e supervision of that agency.
Further, each agency shall aclhere to the host agency's rules ancJ regulations for
appropriate use of its facilities.
9. Use of Facilities. Use of all facilities shall be in accorctance with the
regular procec~ures of the agency owning the facility as provicJec~ for by the
Laws of Washington anct tl~e rules anc~ regulations of the respective agencies,
except as otherwise proviclec~ in this Agreement.
10. Aclministration. Ac~ministration of this agreement shall De the joint
responsibility of Parks anc~ Recreation Director ancl a representative from the
School District appointecl by the SuperintencJent. This agreement ctoes not
create any separate legal or aclministrative entity uno, er RCW 39.34.030(3)(b).
11. Duration ancl Termination. This Agreement shall commence on
,2004 ancl shall be of JncJetJnite c~uration. At t~ne request of either party,
a perioc~Jc review of this agreement may take place. EJtt~er party may elect, to
terminate this Agreement by giving written notice of termination to tt~e otl~er
party. Said termination shall be effective not sooner than ninety days from the
date of receipt of said written notice.
12. Defense, Indemnification, and Hold Harmless.
12.1 The District shall indemnify and hold harmless the City and its
officers, agents, and employees, or any of them from any and all claims,
actions, suits, liability, loss, cOSts, expenses, and damages of any nature
whatsoever, by reason or arising out of any negligent action ar omission of the
District, its officers, agents, and employees, or any of them, in relation to this
Agreement. In the event that any suit based upon such a claim, action, loss, or
damage is brought against the City, the District shall defend the same at its sole
cost and expense, including attorney's fees, provided that the City retains the
right to participate in said suit if any principal or governmental or public law is
involved, and if final judgment be rendered against the City and its officers,
agents, and employees, or any of them, or jointly against the City and District
and their respective officers, agents, and employees, or any of them, the District
shall satisfy the same.
12.2 The City shall indemnify and hold harmless the District and its
officers, agents, and employees or any of them from any and all claims, actions,
suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by
reason or arising out of any negligent action or omission of the City, its officers,
agents, and employees, or any of them, in relation to this Agreement. In the
event that any suit based upon such a claim, action, loss, or damage is brought
against the District, the City shall defend the same at its sole cost and expense,
including attorney's fees, provided that the District retains the right to
participate in said suit if any principal of governmental or public law is involved;
and if final judgment be rendered against the District and its officers, agents,
employees, or any af them, or jointly against the City and District and their
respective officers, agents, and employees or any of them, the City shall satisfy
the same.
13. Dispute as to Aqreement. If a dispute arises from or relates to this
Agreement or any claimed material breach thereof, the City and the District shall
attempt to resolve the dispute through direct discussions. If the dispute cannot be
resolved through discussions, the parties agree to attempt to settle the dispu'?e in
an ar~icable manner by mediation conducted by a mediator selected by
agreement of the parties. All fees and expenses for mediation shall be borne by
the parties equally. Each party shall bear the expense of its own counsel, experts,
witnesses, and preparation and presentation of evidence.
If the dispute cannot be resolved through mediation, the parties agree to
settle the dispute by arbitration administered by the American Arbitration
Assaciation Rules, and in accordance with the applicable provisions of RCW Title
7. The arbitrator may be selected by agreement of the parties. All fees and
expenses for arbitration shall be borne by the parties equally. Each party shall
bear the expense of its own counsel, experts, witnesses, and preparation and
presentation of evidence.
14. Assi.qnment. Neither party shall assign its rights or obligations under
this Agreement without the prior written consent of the other.
14. Entire A.qreement. 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 modifications to this agreement shall be in
writing and must be approved by the City and District.
16. Notice. Notices required by or concerning this agreement shall be
sent by mail to the respective parties at the following location:
17. Discrimination Clause. 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, sexual orientation, or presence of any
sensory, mental or physical handicap.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to
be executed. ,
CITY OF TUKWILA
Dated:
Steve Mullet, Mayor
Approved as to Form:
Shelley Kerslake, City Attorney
TUKWlLA SCHOOL DISTRICT
DATED:
Dr. Greg Paus, Superintendent
Tukwila School District
DATED:
John Richards, Chairman
Board of Directors