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HomeMy WebLinkAbout96-015 - South Central School District #406 - Use of Facilities by Parks & Recreation DepartmentNTERLOCAL AGREEMENT 1 Z- CITY OF TUKWILA AND SOUTH CENTRAL SCHOOL DISTRICT THIS AGREEMENT is entered into this /1 day of ta< t_- 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. request, on the will make available City facilities to District at no P q 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 Wt Mayor of Tukwila ATTEST A e__ City Clerk SOUTH CENTRAL SCHOOL DISTRICT #406 B President, Soa Ventral School Board of Directors ATTEST Secretary, South Centralchool Board of Directors