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HomeMy WebLinkAbout4370 Resolution - PSD ILA for Joint Use of FacilitiesRESOLUTION NO. 4370 A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE PASCO SCHOOL DISTRICT NO. 1 AND THE CITY OF PASCO FOR JOINT USE OF FACILITIES. WHEREAS, RCW 39.34, Interlocal Cooperation Act, authorizes political subdivisions to jointly exercise their powers, privileges, or authorities with other political subdivisions of this State through the execution of an interlocal cooperative or interagency agreement; and WHEREAS, the City and the District are mutually interested in supporting programs for the community in the areas of athletics, recreation and education; and WHEREAS, the City and the District each own and operate recreational and educational facilities that may be available for the beneficial use of the other in administering their athletic, recreation, and educational programs; and WHEREAS, the City Council of the City of Pasco, Washington, has after due consideration, determined that it is in the best interest of the City of Pasco to enter into the Interlocal Agreement for Joint Use of Facilities with the Pasco School District No. 1. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: Section 1. That the City Council of the City of Pasco approves the terms and conditions of the Interlocal Agreement between Pasco School District No. 1 and the City of Pasco; a copy of which is attached hereto and incorporated herein by reference as Exhibit A. Section 2. The City Manager of the City of Pasco, Washington, is hereby authorized, empowered, and directed to sign and execute said Agreement on behalf of the City of Pasco; and to make minor substantive changes necessary to execute the Agreement. Be It Further Resolved, that this Resolution shall take effect immediately. PASSED by the City C,6uncil of the City of Pasco, Washington, and approved as provided by law, on this 5th day of S tember, 2023. Craig Maloney Mayor Pro Tem ATTEST: 16, Debra Barham, CMC City Clerk Resolution — PSD ILA - 1 APPROVED AS TO FORM: A Kerr F son Law, PLLC Cit ttorneys WHEN RECORDED RETURN TO: City of Pasco, Washington 525 North 3rd Pasco WA 99301 INTERLOCAL AGREEMENT Between CITY OF PASCO and PASCO SCHOOL DISTRICT NO.1 For JOINT USE OF FACILITIES THIS INTERLOCAL AGREEMENT is made and entered into this day of , 2023, by and between the City of Pasco, Washington, a Municipal Corporation, hereinafter referred to as "City" and the Pasco School District No. 1 in the County of Franklin, State of Washington, hereinafter referred to as "District", and collectively referred to herein as "Parties." WITNESSETH WHEREAS, the City and the District are mutually interested in supporting programs for the community in the areas of athletics, recreation and education; and WHEREAS, the City and the District each own and operate recreational and educational facilities that may be available for the beneficial use of the other in administering their athletic, recreation, and educational programs; and WHEREAS, RCW Ch. 39.34 authorizes the City and District to enter into an intergovernmental agreement for the use of property for extracurricular and recreational purposes. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as follows: 1. Purpose. Pursuant to RCW 39.33.060, the City and the District are authorized to contract for the use of their respective properties for other athletic, recreation, and educational purposes. The purpose of this Agreement is to provide guidelines for the use of the facilities and equipment that belong to the City or the District by the other party in a manner that does not interfere with the specific educational and/or recreational purposes for which the facility was intended. 2. Governance. Interlocal Agreement City/Pasco School District No. 1 Joint Use of Facilities - 1 A. The Administrative and Community Services Director or his/her designee shall represent the City and the Assistant Superintendent of Business and Operations, or his/her designee shall represent the District and each shall be jointly responsible for administering this Agreement. B. The designated Facility Administrator for the District is the Executive Director of Maintenance and Operations (509-543-6713); and the designated Administrator for the City is the Recreation Services Manager (509- 545-3456). Any facility problem or concern should be reported to those office's designees immediately or as soon as reasonably possible. C. The Parties shall each have facilities use policies that detail the day-to-day guidelines and procedures for operation of their respective facilities. Rules governing priority of use for each party in the other's facilities shall be clearly delineated in rules and regulations adopted by each party 3. Use of Each Party's Facilities by the Other Partv. A. The Parties, after their own sponsored programs & activities, shall each give the other priority for facility use over other outside agencies unless otherwise required to give priority through the terms of a previously executed 3rd party contract as stated in the list of each party's available facilities referred in Section 3(D) below. B. The City and the District shall provide an annual list or calendar for requested use of the other's facilities by a mutually agreed upon date. Both parties shall timely respond to the list or calendar citing all conflicts with the times requested by the other party. C. The Parties shall not be charged for the use of the other party's facilities for recreational, curricular or extra -curricular purposes, unless extraordinary staff labor or incremental costs are incurred and agreed upon by the City and District in advance. D. The Parties shall quarterly review a list of each party's available facilities, which may include, indoor and outdoor sports fields, courts, pools and specialty facilities as well as meeting and workout rooms. The Parties will also, under reasonable circumstances and notification, make available to the other, equipment needed for events and programs. E. Each party shall have the primary responsibility for the maintenance of their own facilities and equipment which may be used by the other party. The party using a facility or equipment shall be charged for damage Interlocal Agreement City/Pasco School District No. 1 Joint Use of Facilities - 2 or loss to equipment and/or facility, or extraordinary clean-up caused by participants in activities sponsored by that party. The facility administration will determine the actual cost of damage and bill the user for the expense of repair or replacement. The Facility Administrator will be trusted to determine the cost of damage and affix a fair cost to repair damage to facility and/or equipment. F. The facilities that are used by the other party will be left in the condition existing before said event, except that facility staff will clean and maintain all areas. G. If a facility becomes unusable due to breakdown or an extreme maintenance issue each party shall use reasonable efforts to rectify the situation or provide alternate facilities. H. In administering the shared use of facilities, neither party may waive nor take action affecting the recreational immunities as provided by RCW 4.24.210 without the prior written consent of the other party. 4. Scheduling of Activities and Cancellations. A. The Owner of the facility reserves the final right to cancel any scheduled use of such facility. When possible, in the event of cancellation of use of facilities, other than for emergencies, sixty (60) days written or electronic notice shall be provided. B. Both parties agree that their use of the other party's facilities will comply with the rules and policies governing the use of the facility. Such rules and policies will be communicated annually and will be reviewed with the user's responsible representative prior to or upon arrival at the facility. C. For any additional requests beyond those delineated in the annual list or calendar (See 3.B), both Parties will submit facility request forms to the other at least ninety (90) days in advance of the anticipated use date. 1) District will submit facility use requests through the City Recreation Website, www.pascoparksandrec.com 2) The City of Pasco will submit facility use requests to the District by completing the Facility Use Form found on the districts website www.psdl.org under "Community/ Facility Rental" and submitting it via email to facilityuse@psdl.org Interlocal Agreement City/Pasco School District No. 1 Joint Use of Facilities - 3 Nothing in this section 4(C) shall prevent either party from approving requests at any time prior to an event if a facility is not otherwise reserved. 5. Security. Both Parties recognize the importance of proper security and acknowledge responsibility for buildings/site security before, during and after events. Facility Administrators will report any suspicious activity to the police. Facility Administrator, or Recreation Services Manager, or their designee will make sure any building is unoccupied after activity and that all participants have exited the building and make sure that the building is secure upon his or her departure of the said facility. 6. Costs and Fees. A. User fees may be set for programs and activities that either party schedules in facilities of the other party. The scheduling party shall retain such fees as revenue. B. Extraordinary costs incurred by the District for City activities or City for District activities must be defined as such in advance; then billed accordingly. These costs will include actual custodial or groundskeeper overtime rates, rental of equipment, extended operational costs, etc. Upon such advance notice, each party will pay overtime for custodians for events which encompass high traffic and high use of facility. C. In allowing for the joint use of each party's facilities, the parties intend that such use and/or development shall not cause any additional non - reimbursed direct or indirect costs or liability or degradation of property for the owner of the facilities. It is the intent of the parties that all other agreements entered into between the parties pursuant to this provision shall be consistent with this Agreement including this section and shall be construed accordingly. 7. Indemnification. The City shall defend, indemnify and hold harmless the District, its officers, employees, and agents from any and all costs, claims, judgment or awards of damages arising out of or in any way resulting from negligent acts or omissions of the City, its officers, employees or agents in the performance of this Agreement. The District shall defend, indemnify and hold harmless the City, its officers, employees, and agents from any and all costs, claims, judgments or awards of damages arising out of or in any way resulting from negligent acts or omissions of the District, its officers, employees or agents in the performance of this Agreement. Interlocal Agreement City/Pasco School District No. I Joint Use of Facilities - 4 The City and the District shall each either maintain commercial comprehensive general liability policies or shall maintain self-insurance liability coverage through their respective coverage and membership in self-insurance pools. 8. Amendments. This Agreement may be amended at any time by the mutual consent of the Parties expressed by the adoption of appropriate resolution by the governing body of each parry. 9. Term and Termination. This Agreement shall commence upon the date of execution and continue for a period of ten (10) years thereafter. The term of this Agreement shall be automatically renewed for additional five-year terms unless either party hereto notifies the other of its intent not to renew at least one -hundred and eighty (180) days prior to the end of the term. Early Termination. A. Without Cause. Either party may terminate this agreement for any reason by giving the other party one -hundred and eighty (180) days advance written notice sent via certified mail to the address and contact information listed in section 12 below. Notification will be considered delivered upon receipt of certified delivery slip or 3 days after postmark date of its intention to terminate to the other parry. B. With Cause. Should either parry be found in breach of this agreement, notifications will be sent via certified mail to the address and contact information listed in section 12 below. Notification will be considered delivered upon receipt of certified delivery slip or 3 days after postmark date. The breaching party will have 30 days from notification to remedy the breach and failure to remedy the breach will give rise to termination for cause at the non -breaching party's discretion. 10. Interlocal Cooperative Act Provisions. The financing of the recreational facilities, improvements and maintenance of these cooperative undertakings to each of their respective portions of the premises shall be the responsibility of the City and District. It is not intended that a separate legal entity shall be established to conduct the cooperative undertakings, nor is the acquiring, holding or disposing of real or personal property anticipated, nor is there a need for any special budget or funds to be created. The parties do not intend to purchase or hold any real or personal property Interlocal Agreement City/Pasco School District No. 1 Joint Use of Facilities - 5 related to this Agreement, which will require transfer of ownership at any time nor on termination or expiration of this Agreement. 11. Conflict Resolution. In the event the City and District's representatives cannot agree regarding the development and improvement, maintenance or modification of the joint facility, the City Manager and the District Superintendent shall make the final decision. If either party believes that the other party is not fulfilling the performance obligations established by this Agreement, that party shall give written notice of its complaint to the other. The party receiving the complaint shall within thirty (30) days deny the complaint, correct the situation and/or respond in writing, explaining the mitigating circumstances or why a remedy cannot be achieved. If the City Manager and the District Superintendent are unable to resolve the complaint, the matter may be referred for dispute resolution in a manner mutually agreed by the parties. Nothing in this section 11 shall prevent either party from asserting the right to pursue termination in section 9(B) above. 12. Notices. All notices required to be given under this Agreement shall be in writing and shall be deemed served when mailed via certified mail, return receipt requested, to the attention of the individual or position identified below. The Parties may, upon mutual agreement, determine to accept notice via email. City of Pasco: Director of Administrative & Community Services City of Pasco 525 North 3rd Pasco WA 99301 Pasco School District No. 1: Raul Sital, Assistant Superintendent of Operations 1215 W. Lewis Street Pasco, WA 99301 E -Mail: rsital@psdl.org 13. Filing/Recording. Upon execution of this Agreement by authorized representatives of each of the Parties, this Agreement shall be filed with the Franklin Interlocal Agreement City/Pasco School District No. 1 Joint Use of Facilities - 6 County Auditor, or, alternatively, listed by subject on a parry's website or other electronically retrievable public source as provided by RCW 39.34.040. 14. Authority for Execution. Each of the Parties warrants and represents that its representatives, whose signature are below, possess all required authority to sign this Agreement and such powers have not, as of the date of this Agreement, been revoked or revised. <<Signatures on next page» Interlocal Agreement City/Pasco School District No. 1 Joint Use of Facilities - 7 IN WITNESS WHEREOF, the undersigned have full authorization on behalf of the parties and have executed this Agreement on the year and date set forth above. CITY OF PASCO, WASHINGTON PASCO SCHOOL DISTRICT NO. 1 Adam Lincoln, City Manager Attest: Debra Barham, CMC City Clerk Approved as to Form: Kerr Ferguson Law PLLC, City Attorney Sarah Thornton, Attorney for District Interlocal Agreement City/Pasco School District No. 1 Joint Use of Facilities - 8 Michelle Whitney, Superintendent STATE OF WASHINGTON ) ss. County of Franklin ) On this day personally appeared before me Adam Lincoln, City Manager of the City of Pasco, Washington, to be known to be the individual described in and who executed the within and foregoing instrument and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. 2023. GIVEN under my hand and official seal this day of NOTARY PUBLIC in and for the State of Washington Residing at: My Commission Expires: STATE OF WASHINGTON ) ss. County of Franklin ) On this day personally appeared before me Michelle Whitney, Superintendent of Pasco School District No. 1, to be known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that she signed the same as her free and voluntary act and deed for the uses and purposes therein mentioned. 2023. GIVEN under my hand and official seal this day of NOTARY PUBLIC in and for the State of Washington Residing at: My Commission Expires: Interlocal Agreement City/Pasco School District No. 1 Joint Use of Facilities - 9