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HomeMy WebLinkAbout04-045 - Tukwila School District - Joint Use of FacilitiesaU o1-1-5 INTERLOCAL AGREEMENT BETWEEN THE CITY OF TUKWILA AND THE TUKWILA SCHOOL DISTRICFIL ,P THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered' i'n'to 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 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 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 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. i6-6 - ORIGINALS 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 may be charged (opening and closing costs) when use occurs during non -operational periods. 5. Exclusions. City use of the Neudorf Stadium facility and the Performing Arts Center, and District use of the community swimming pool and 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. Written requests for usage shall be sent to the Parks and Recreation Director or designated representative. The District shall receive priority 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; provided that the City may charge reasonable custodial fees when, in the view of the City, the facility was left unkempt or damaged. 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 District 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 May 11, 2004 and shall be of indefinite duration. At the request of either party, a periodic review of this agreement may take place. Either party may elect, to terminate this Agreement by giving written notice of termination to the other 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 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 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 of 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 Agreement. 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 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 presentation of evidence. 14. Assignment. Neither party shall assign its rights or obligations under this Agreement without the prior written 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: City of Tukwila, Director of Parks and Recreation 12424 42nd Avenue South; and Tukwila School District, District Superintendent 4640 South 144th Street 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. Dated: Approved as to Form: DATED: DATED: CITY OF TUKWILA Steve Mullet, Mayor k,C.:;,,-Shell:ey Kerslake, CIty-'Attorney TUKWILA SCHOOL DISTRICT Dr. Greg Paus, Superintendent Tukwila chool ''strict John Richards Chairma Board of Directors