HomeMy WebLinkAboutCOW 2004-04-26 Item 3B - Interlocal Agreement - Use of Tukwila School District FacilitiesCAS Number: 04-057 ......................... Initials ......................... ITEM NO.
I MeetingDate Preparedby Mayor'sreview Cou.~ncilr~iew
Agenda Item Title: Interlocal Agreement / City of Tukwila and the Tukwila School District
Original Sponsor: Council Admin. Parks & 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 1 I, 1996.
Recommendations:
Sponsor: Recommend updating interiocal agreement.
Committee: Recommended to COW for further discussion.
Administration: Same as sponsor
Cost Impact (if known): NA
Fund Source (if known): NA ....
Meeting Date Action
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
MEMORANDUM
TO: Mayor Mullet
Community Affairs and Parks Committee
FROM: Bruce Fletcher, Director of Parks and Recreation~t-~
DATE: March 18, 2004
SUBJECT: Interlocal Agreement
....... The last interlocal agreement between the City of Tukwila and the Tukwila School
District was dated 1996. The interlocal agreement authorizes a joint use for shared
facilities of existing outdoor and indoor facilities by the City and School District.
The School District formed a Facility Use Committee to discuss and update the interlocal
agreement. The Tukwila Parks and Recreation Department have been participating in the
Facility Use Committee to draft an update interlocal agreement.
The interlocal agreement authorizes the City's recreational programs to use the districts
playfields, athletic fields, classrooms and gymnasiums at no cost. The City shall receive
' - priority use after the District's use. The District shall receive priority after the City's use
for the Tukwila Community Center, athletic fields, parks and golf course. Excluded from
free use are the Tukwila Swimming Pool and Neudorf Stadium (both are under separate
agreements that are also being updated). The interlocal agreement for the Foster
Performing Arts Center (signed in 1992) is in the process of being updated.
It is important for the City and School District to share facilities for the recreational and
community benefits for our residents. I would like the CAP committee to review the
draft agreement and move it forward to the next COW. The Tukwila School Board is
also reviewing the agreement at their next School Board meeting.
Cc. Rhonda Berry, City Administrator
INTERLOCAL AGREEMENT BETWEEN THE
CITY OF TUKWlLA AND THE TUKWILA SCHOOL DISTRICT
THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into pursuant to 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 Distdct 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
Distdct 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 Distdct as follows:
1. Statement of Pumose. 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 Distdct Facilities. Upon request, the District will make school facilities available
to the City's Parks and Recreation Department 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 pdority after the District's use
and before unscheduled activities of outside organizations. The facilities shall be available without
.......... -payment of rental fee to the Distdct during days when school is not in session and after school hours;
provided, that the Distdct 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 pod/ohs 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 & Adult Education Classes. The District will provide conference and classroom
space for city sponsored community meetings and adult educational programs free of rental fees when
space is available. Security fees maybe charged (opening and dosing costs) when use occurs during non-
operational pedods.
5. Exclusions. City use of the Neudoff Stadium facility and the Performing Arts Center, and
Distdct use of the community swimming pool an~t golf course clubhouse, are excluded from this Agreement.
6. City Access to District Facilities. The Parks and Recreation Director shall be provided keys
to District facilities under the terms of this Agreement. The Parks and Recreation Director may assign keys
to city employees who fall within his/her direct supervision for the purpose of building access. The
duplication of District keys is prohibited. Keys provided pursuant to this section shall be used only for
access allowed pursuant to this agreement.
7. District Access to City Facilities. Upon request, the City will make available City facilities to
the District for use in connection with District programs, subject to availability. Wdtten requests for usage
shall be sent to the Parks and Recreation Director or designated representative. The District shall receive
pdodty after the City's use and before unscheduled activities of outside organizations. The facilities shall
be available without payment of rental fees to the City when not in use by the City. Facilities include, but
are not limited to, the Tukwila Community Center, athletic fields, parks, and golf course.
8. Personnel. It is understood and agreed that the personnel employed by each agency shall
be under the supervision of that agency. Further, each agency shall adhere to the host agency's rules and
regulations for appropriate use of its facilities.
9. Use of Facilities. Use of all facilities shall be in accordance with the regular procedures of
the agency owning the facility as provided for by the Laws of Washington and the rules and regulations of
the respective agencies, except as otherwise provided in this Agreement.
10. Administration, Administration of this agreement shall be the joint responsibility of Parks and
Recreation Director and a representative from the School Distdct appointed by the Superintendent. This
agreement does not create any separate legal or administrative entity under RCW 39.34.030(3)(b).
11. Duration and Termination. This Agreement shall commence on ,2004 and shall
be of indefinite duration. Either party may elect, to terminate this Agreement by giving wdtten notice of
termination to the other party. Said termination shall be effective not sooner than ninety days from the date of
receipt of said wdtten notice.
12. Defense, Indemnification, and Hold Harmless.
12.1 The Distdct 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 adsing out of any negligent action or 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 Distdct shall
defend the same at its sole cost and expense, including attorney's fees, provided that the City retains the
dght 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 Distdct and their respective officers, agents, and employees, or any of them, the Distdct 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 adsing 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 of them, or jointly against the City
and Distdct and their respective officers, agents, and employees or any of them, the City shall satisfy the
same.
13, ~reement. If, a dispute arises from or relates to this Agreement or any claimed
material breach thereof, the City and the Distdct 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 dispute in an
amicable 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 Association 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 presentatioh of evidence.
14. Assiqnment. Neither party shall assign its dghts or obligations under this Agreement
without the prior wdtten consent of the other.
14. 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 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 TUKWlLA
Dated:
Steve Mullet, Mayor
Approved as to Form:
Sheltey Kerslake, City Attorney
TUKWILA SCHOOL DISTRICT
DATED:
Dr. Greg Paus, Superintendent
Tukwil'a School Distdct
DATED:
John Richards, Chairman
Board of Directors
· ' AGREEMENT
CITY OF TUKWILA AND SOUTH CEi~TRAL SCHOOL DISTRICT
THIS AGREEiVIENT is entered into this ! ] day of ~ ~ , 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 th,n.s 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 a~d indoor areas would allow
and encourage the City and the District to work together in utilizing e~sting 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:
1. Upon request, the District will make available school facilities to the City's Parks
and Kecreation Department for use in connection with community recreational
programs under the supervision dr 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 Superintenddnt or designated represeniative.
The City shall receive priority'after the District's use and before other unscheduled,
outside organizations. Facilities include p[ayfields, athletic fields, classrooms and
recreational portions of the buildings, such as gymnasiums.
'2. Upon request, thelOy will make available City facilitieO 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 desi~nated 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 ex-tent 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 ors 1,000,000 per occurrence for personal injury and property damage.
The amount of required minimum coverage shall l~e 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 be. tween 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 wry 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,
Washin~on. 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 fiereto have caused this Agreement to be
executed on their behalf.
THE CITY OF TUKWILA, A Municipal Corporation.
BY /'~ May6r of Tukwila / ~
- City Clerk
SOUTH CENTRAL SCHOOL DISTRICT #406
Prestdent, South L/entral School Board of Directors
Secretary, South Cenl~ra~ - ' l~3chool Board of Directors
Community and Parks .Committee
March 23, 2004
Present: Pam Linder, Chair; Joe Duffie, Pam Carter
Steve Lancaster, Brandon Miles, Bruce Fletcher, P.honda Berry, Pat Brod!,n, Lucy
Lauterbach; Todd Heistuman, Eric Reinhardt-developers
1. 57th Mini Park Proposal The Committee had asked for more information at their last
meeting, and Pat Brodin supplied some facts. The current small park in Foster Point was a street
right of way that enabled Public Works staffto repair a drainage problem with installing a 24."
outfall at the fiver there. This drain is now even more important, as it will handle all the storm
water collected with the improvements going into Foster Point. Construction on the Foster Point
improvements is likely to start in August. As the new sewer pipes will be in the streets, the
project will be a little difficult for residents there while work goes on. Pat said there were no
bank stability problems at this site. Steve Lancaster said Todd and Eric had a pre-application
meeting in August 2002, and the prelimina~ plan they showed then looked as if would work
very well. Steve said it is unusual that a short plat can be so easily fit onto land, as this piece is
both flat and fronts on two streets. The development plans an alley for easy access to the backs
of some homes. Todd said he normally develops high-end homes, but wanted to showcase
techniques that could make lower cost homes attractive. The problem with their selling this land
to the City as a mini park is that the City has no funds. Bruce said next week is the application
deadline for Conservation Futures grants. These are 50% grants, and we would need to be
creative to fund our share. It is possible a land donation could be that match, but details are
needed to figure things out. The Committee gave permission to apply for the grant, with the
stipulation that if no match is found, we will withdraw the application. The cost of the land is
somewhere around $160,000. Information; permission given to apply for grant.
2. Facilities Interloeal Agreement As the last interloeal agreement regarding facilities was
done in 1996, it is due to be updated, and a committee was formed to work on various issues
relating to facilities. The resulting draft interlocal addresses general school and city facilities.
Pam C noted the agreement covers recreational facilities like gyms, but not meeting rooms like.
the Foster Commons, which the City occasionally uses for meetings. The Committee agreed, and
asked Bruce to see if other rooms could also be covered. Pam C asked about maintenance of the
Showalter Field, as both the school and the City have said the other maintains it. Bruce said we
mow and water it, but they line it, so maintenance is shared. Drainage there is not good, he said,
and has caused some problems. There will be separate interlocals for use of the new stadium, the
pool, and the performing arts center. Bruce will attend the school board meeting this same
evening to ensure they also approve of the interlocai. Recommend interlocal to COW and
Regular Me~ting.
3. Update on'Cargo Containers Steve and Brandon talked ab.out the cargo containers and their
permissibility in the City. When the City passed an ordinance in 2002 regulating where the
container could be used, an aerial picture was made and reports and visual inspections were done
to try to iind out where all the current cargo containers were. Those that did not meet the criteria
were allowed a year to apply for a "grandfather" clause that would ailow them. Steve said there
were originally 28 containers. The screening size was set at 30'. Of the 28, 10 were given