HomeMy WebLinkAboutContract CAG-94-037
AGREEMENT BETWEEN RENTON SCHOOL DISTRICT#403
and
RENTON PARKS AND RECREATION DEPARTMENT, CITY OF RENTON
This Agreement, made and entered into this //,gf, day of
1994, by and between the City of Renton, a
municipal corporation, hereinafter called the "City" and the Renton School
District #403, State of Washington, hereinafter called "District".
WITNESSETH
WHEREAS, the City has established by ordinance a Department of
Parks and Recreation responsible for carrying out the purpose of
community recreation through programs conducted at various facilities,
fields and buildings; and
WHEREAS, the governing bodies of the City and the District are
mutually interested in the development of adequate programs of
community recreation under the auspices of the Department; and
WHEREAS, the City and the District are authorized to enter into
agreements with each other, and to do any and all things necessary or
convenient to aid and cooperate in the cultivation of good citizenship by
providing for adequate programs of community recreation; and
WHEREAS, the District owns and operates school buildings and
playfields within the City of Renton which could be used for programs of
community recreation when not otherwise required for educational
purposes or related reasons; and
WHEREAS, in the interest of providing the best public services with
the least possible expenditure of public funds, cooperative use of such
facilities is desirable; and
WHEREAS, the intent of the City's comprehensive plan includes use
of public community resources and a joint use concept can provide for the
maintenance and operation of existing fields and buildings for their better
utilization by both parties;
NOW, THEREFORE, in consideration of the following covenants and
promises, the City and the District do now agree to cooperate with each
other in carrying out the above purposes, and to that end agree as follows:
Section 1 .
The District shall grant the use of its facilities free of charge to
the City, whenever deemed practicable by the District, for the conduct by
the City of public recreation programs and give scheduled City activities
first priority over other public or private agencies scheduling activities
which do not directly involve or benefit students and parents of the
District. District facilities subject to this use shall include playfields
and recreational portions of buildings such as gymnasiums. Other District
facilities may be used by the City upon mutual agreement of each party.
Section 2.
The City shall grant the use of its recreational and athletic
facilities free of charge to the District, whenever deemed practicable by
the City, for the conduct of physical education and interscholastic
athletic programs and give said scheduled activities priority over the
other public or private agencies scheduling activities.
Section 3.
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The City shall be completely responsible for the control and
supervision of scheduled recreational activities using the District's
facilities and shall protect against personal injury or property damage.
Section 4.
The District shall be completely responsible for the control and
supervision of those physical education or interscholastic activities
taking place within the City's facilities and shall protect against personal
injury or property damage.
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Section 5.
The District and the City agree to provide normal amenities such as
heat, electricity and custodial care during the period of use; provided,
each party will reimburse the other for the costs of additional custodial,
security or maintenance services necessarily resulting from the use.
Section 6.
The City agrees to provide the necessary equipment to engage in
scheduled recreation activities within the District's facilities. The
District agrees to provide the necessary equipment to engage in scheduled j
physical education and interscholastic activities within the City's
facilities.
Section 7.
The City agrees to reimburse the District for damages to District
facilities resulting from the use of the facilities by program participants.
The District agrees to reimburse the City for damages to City facilities
resulting from the use of the facilities by program participants. Each
reserves the right to terminate a particular activity in the event damage
cannot be prevented.
Section 8.
The City agrees to abide by the District's current Rules and
Regulations concerning use of the District's buildings and/or grounds,
including, but not limited to, the District's policy prohibiting smoking on
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school property.
Section 9.
The District agrees to abide by the City's current Rules and
Regulations concerning use of facilities and/or grounds.
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Section 10.
It is hereby agreed that a twelve-month schedule of dates for the
use of the District's facilities be worked out in advance by the City and
the District so as to avoid conflict between District and City use. In the
scheduling of said facilities when there are conflicts, District events and
programs and programs directly involving or benefiting students and
parents of the District and a limited number of community uses that have
a history of facility use shall have first priority; City programs,
established by the Recreation Department, shall have second priority; and
any other events by other groups or agencies shall have third priority.
City requests shall specify times and dates in a manner that will make it
possible for the District to schedule school uses or groups or agencies
that have third priority. The twelve-month schedule shall be forwarded to
the District on or before June 1st of each year so that the District may
establish a schedule for the next school year by July 15th. Failure of the
City to include a use or event on the twelve-month schedule shall not
preclude additional requests after July 15th. City requests shall specify
times and dates in a manner that will make it possible for the District to
schedule groups or agencies that have third priority.
Section 11 .
It is further agreed that a schedule of dates for the use of the City
facilities will be worked out in advance by the District and the City and
that in the scheduling of said facilities when there are conflicts,
recreation department activities and community activities that have a
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history of facility use shall have first priority; District events and
programs shall have second priority; and any other events by other groups
or agencies shall have third priority. District requests shall specify
times and dates in a manner that will make it possible for the City to
schedule groups or agencies that have third priority. The twelve-month
schedule shall be forwarded to the City on or before June 1st of each year
so that the City may establish a schedule for the next twelve-month
period by July 15th. Failure of the District to include a use or event on
the twelve-month schedule shall not preclude additional requests after
July 15th.
Section 12.
All events, activities and/or programs must be submitted (in
writing) in a timely fashion to the City's designated representative or the
District's designated representative; however, both parties recognize that
these respective uses and requirements may not be completely
predictable. In the event of an emergency or important public event
requiring use of a facility, either party may cancel or postpone the other
party's use of the facility without cost or penalty; p rovided that as much
advance notice as is practicable is given to the other party.
Section 13.
It is further understood and agreed that either party to this
Agreement may at any time terminate this Agreement upon giving to the
other party 90 days written notice of its intention to terminate same;
provided, however, that in the event a City recreation program is in
progress at the time the City receives written notice of District's intent
to terminate, termination of the Agreement shall not be effective until
after the program is completed notwithstanding the fact that said
completion date may be more than 90 days subsequent to District's notice
of termination. In order for a program to be in progress as that term is
used in this Section, an application for use of the school facility must
have been approved by the District and the use comenced. The same
procedures shall apply to the termination by the City of a District program
in City facilities.
Section 14.
It is agreed that in consideration for the use of any District facility
and/or property, the City will defend, indemnify and hold harmless the
Renton School District, its elected and appointed officials, its employees
and agents from any and all liabilities for claims, suits or demands,
including fraudulent and groundless claims, suits or demands for personal
injuries, including death, or for property damage or loss resulting from
any City use of said facilities and/or property.
Section 15.
It is agreed that in consideration for the use of any City facility
and/or property, the District will defend, indemnify and hold harmless the
City, its elected and appointed officials, its employees and agents from
any and all liabilities for claims, suits or demands, including fraudulent
and groundless claims, suits or demands, for personal injuries, including
death, or for property damage or loss resulting from any District use of
said facilities and/or property.
Section 16.
The City shall maintain a policy of comprehensive general liability
including athletic participant liability protecting and indemnifying the
District, its elected and appointed officials, its employees and agents
against any and all claims, suits and actions arising out of or in
connection with the use of the District's facilities and/or property as
granted pursuant to the Agreement. Policy limits shall be in the amount
of at least $1 ,000,000 public liability for each occurrence. Said policy
shall contain a provision requiring the carrier to provide at least 30 days
notice prior to cancellation or amendment of the policy. A certificate of
insurance shall be issued naming the District, its elected and appointed
officials, its employees and agents as additional insured with respect to
the policy if additional insured status can be reasonably arranged.
Section 17.
The District shall maintain a policy of comprehensive general
liability including athletic participant liability protecting and
indemnifying the City, its elected and appointed officials, its employees
and agents against any and all claims, suits and actions arising out of or
in connection with the use of the City's facilities and/or property as
granted pursuant to this Agreement. Policy limits shall be in the amount
of at least $1 ,000,000 public liability for each occurrence. Said policy
shall contain a provision requiring the carrier to provide at least 30 days
notice prior to cancellation or amendment of the Policy. A certificate of
insurance shall be issued naming the City, its elected and appointed
officials, its employees and agents as additional insured with respect to
the policy if additional insured status can be reasonably arranged.
Section 18.
The term of the Agreement shall be for three years and subsequently
may be renewed, after review by and approval of both parties, for such
additional terms as the parties may agree.
Section 19.
In the event of any dispute over the interpretation or effect of this
Agreement, the designated representatives of the parties shall meet, at
the request of either, in an effort to resolve the dispute. If any dispute
still remains, then the matter shall be referred to the City of Renton
Manager of Recreation or his/her designee, and to the Superintendent of
the Renton School District, or his/her designee, for resolution. Good faith
efforts of each party to meet and attempt to resolve such disputes as
provided herein shall be a prerequisite to a party's filing any litigation
against the other party related to the Agreement.
CITY OF RENTON RENTON SCHOOL DISTRICT #403
Date Date
O
Signature Seg natur
_ Mayor ,— -----_ yRJ ,`,e -----
Tit fe Title
ATTES
Marilyn etersen, city clerk
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