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Home My WebLink AboutIL229 Interlocal Agreement Contractual Agreement THIS AGREEMENT is entered into this 1st day of April, 2016, by and between the City of Anacortes Parks & Recreation and the Anacortes School District No. 103, and shall be effective April 1, 2016. WHEREAS, the public interests require the sponsorship and conduct of a recreation program for the benefit of the public and the benefit of the School District; and WHEREAS, the parties hereto have agreed upon and formulated a plan for the conduct of a recreation program to be conducted by the Anacortes Park & Recreation Department upon facilities owned by the Anacortes School District No. 103; NOW, THEREFORE, in consideration of mutual promises and agreements herein contained, the parties hereto promise and agree to and with each other as follows: 1. The Anacortes Park & Recreation Department agrees to: A. Grant use of the City's facilities, i.e., parks, recreational facilities, and City buildings, free of charge to the Anacortes School District No. 103, if the activities are school sponsored and authorized by the Anacortes School Board, and to give said scheduled activities priority over other public or private agencies or groups scheduling activities providing the use is not in conflict with Anacortes Park & Recreation Department scheduled recreational program; B. Provide, as available, heat, lights, custodial care, grounds care of the facilities used by the Anacortes School District. No. 103; C. Provide for supervision of the Anacortes School District No. 103, facilities during the hours they are open for recreation programs scheduled through the Anacortes Park and Recreation Department. D. Employ or contract for qualified personnel to supervise and instruct the activities in each recreational program; E. Schedule the use of said Anacortes School District No. 103, facilities for recreational purposes; F. Provide minor equipment necessary for the program; and to reimburse the Anacortes School District No 103 for equipment damaged by program participants; G. Provide storage space for program equipment; H. Maintain a minimum liability insurance coverage of$1,000,000 and an umbrella extending to $3,000,000, as certified by insurance broker or carrier; I. Provide replacement compensation to the Anacortes School District No. 103 for use of specialized equipment as agreed to in advance of each year. 2. The Anacortes School District No. 103 agrees to: A. Grant the use of the recreation and athletic facilities of said school district, free of charge and to give scheduled Park & Recreation Department activities priority over other public or private agencies or groups scheduling activities; provided that the use does not conflict with the School District's scheduled educational or extracurricular programs. Conflicting dates may require temporarily rescheduling; B. Provide as available, heat, and light of the facilities used by the Anacortes Park & Recreation Department except with the understanding that custodial costs per the current SEIU/ASD CBA) may be charged if custodial services are required; C. Maintain a minimum liability insurance coverage of$1,000,000 and an umbrella extending to $3,000,000, as certified by the Washington Schools Risk Management Pool; D. Provide storage space for program equipment; E. Grant use of the auditorium to the Anacortes Park & Recreation Department, as per Section 2A, except with the understanding that incremental costs will be charged for the facility; F. An effort will be made to provide adequate facilities during summer months for the Anacortes Park & Recreation Department, provided that maintenance and custodial projects are not adversely affected. Dates of use will be subject to mutual agreement between both parties; G. Recognizing the need to consolidate activities for energy conservation or cost efficiency, it is the School District's intent to locate all activities at either the Anacortes High School or the Anacortes Middle School. Unusual program needs may allow for exceptions to this goal. Locations will be set, prior to finalizing program plans, at a joint meeting between the School District and Anacortes Park & Recreation Department. Locations for activities will be mutually agreed upon by both parties. 3. Term. The parties hereto agree that this Contract shall continue indefinitely and shall be automatically renewed April 1st of each calendar year unless either party provides written notice thirty (30) days prior to said renewal date of their intention not to renew. In addition, both parties shall review all costs required to be paid hereunder on or before April 1st each year. 4. Compliance with Laws. Each party shall comply with all applicable laws concerning the Property and the Facilities and the use thereof. 5. Indemnification. Since the City is solely responsible for maintenance of the property,the City shall protect, defend, indemnify, and hold the DISTRICT harmless from and against any claim for damage, injury cost or liability including reasonable attorney fees, for injuries to persons or property arising from acts or omissions of the CITY, or its employees, volunteers, agents, contractors or sub-contractors, howsoever caused. The CITY shall be responsible for any damages sustained by its employees, volunteers, contractors or sub-agents to District fixtures and shall provide all repairs/replacements, as appropriate, at no cost to the District. The terms of this Indemnification Clause shall survive the Termination of this Agreement for all matters arising during the term of the Agreement. 6. Independent Status of the City and the District. The parties to this Agreement, in the performance of work pursuant to this Agreement, will be acting in their individual capacities and not as agents, employees, volunteers, partners,joint ventures, or associates of one another. The employees, volunteer, or agents of one party shall not be considered or construed to be the employees, volunteers, or agents of the other party for any purpose whatsoever. 7. Insurance Requirements. The City and any contractor hired by the City to perform work on any project or provide services for any part of a project shall obtain insurance coverage at that party's or contractor's sole cost, which shall be maintained in full force and effect during the term of this Agreement. The City shall list the District as an additional insured on their policy and maintain minimum coverage consistent with the City's current levels of insurance for recreational properties and general liability. The City's membership in Washington Cities Insurance Authority shall meet the terms set forth in this Section of the parties' Agreement. 8. Notices. All notices or requests required or permitted under this Agreement shall be in writing; shall be personally delivered, delivered by a reputable express delivery service such as Federal Express or UPS, or sent by certified mail, return receipt requested, postage prepaid, and shall be deemed given upon receipt or refusal. All notices or requests shall be sent as follows: The District: fincccor alto -i 3; 22c' fl ivexce fin _c rt*.s tc),9 7824 Aril 50,2&-info e The City: << 6r %/ Ct • i l .� Sy ir�t roi s 1:(, , in , P416 .gall)/ Either party may change the address to which notices shall be sent by notice to the other party. 9. Severability. In the event any provision of this Agreement shall be declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall not, in any way, be affected or impaired thereby. 10.Waiver. No officer, employee, or agent of either party has the power, right, or authority to waive any of the conditions or provisions of this Agreement. No waiver of any breach of this Agreement by either party shall be held to be a waiver of any other or subsequent breach. Failure of either party to enforce any of the provisions of this Agreement or to require performance of any of the provisions herein, shall in no way be construed to be a waiver of such conditions, nor in any way effect the validity of this Agreement or any part hereof, or the right of either party to hereafter enforce each and every such provision. 11.Integration. This Agreement contains all of the terms and conditions agreed upon by the parties concerning the Property and the Facilities, and the maintenance and operation thereof. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. The parties have read and understand all of this Agreement, and now state that no representation, promise, or agreement not expressed in this Agreement has been made to induce the officials of either party to execute this Agreement. IN WITNESS WHEREOF, the City of Anacortes and the Anacortes School District No. 103 have executed this Agreement by their duly authorized officials pursuant to all requirements of law. Dated as of the date first written above. CITY OF ANACORTES By: ayor Attest 174-7314-0 City Clerk Approved as to form: /) D J. S efnam, WSBA#40530 Assistant ity attorney ANACORTES SCHOOL DISTRICT 103 By: cho ar resident Attest: (;.. __ S perinlendent Approved as to form: Macortes School District 103 School Board Approved MAY 262016