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Home My WebLink AboutR-2006-155 Joint Use Agreement w/ Yakima School District No. 7RESOLUTION NO. R-2006-155 A RESOLUTION authorizing the City Manager of the City of Yakima to execute a "Joint Use Agreement" between the City of Yakima and Yakima School District No. 7. to efficiently use each other's facilities to provide services to the local community. WHEREAS, the City and the Yakima School District each own land and buildings of which the other has need, for example, the City's Parks and Recreation Division requires the use of Yakima School District classrooms, playgrounds, and gymnasiums and Yakima School District's sponsored programs require the use of City tennis courts, soccer fields, and parks; and WHEREAS, the City desires to encourage regionalization in the most cost efficient manner by avoiding unnecessary duplication of recreational programs and overlapping use of facilities; and WHEREAS, the Interlocal Cooperation Act, RCW 39.34, allows the City to enter into a joint use agreement with the Yakima School District to efficiently coordinate services that the City of Yakima and Yakima School District No. 7 provides to the local community; and WHEREAS, the City Council has determined that it is in the best interest of the City to enter into the "Joint Use Agreement" with Yakima School District No. 7 to avoid unnecessary duplication of recreational programs and overlapping use of facilities in accordance with the terms and conditions of the attached agreement, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute the attached and incorporated "Joint Use Agreement" between the City of Yakima and Yakima School District No. 7. to reciprocally use each other's facilities to efficiently coordinate services that the City and Yakima School District No. 7 provide to the local community. ADOPTED BY THE CITY COUNCIL this 7th day •yovember, 006. 1 / Contract No. Resolution No.: ms/Resolution-Joint Use Ageementrtf David Edler, Mayor Return To: Yakima City Clerk 129 North Second Street Yakima, WA 98901 Document Title: JOINT USE AGREEMENT Contract No. 2006-91 (With Exhibits) Party No. 1: City of Yakima Party No. 2: Yakima School District No. 7 II�inu�u�1�u�lu�uu ;gym°��f��P JOINT USE AGREEMENT This JOINT USE AGREEMENT ("Agreement") is executed by and between YAKIMA SCHOOL DISTRICT NO. 7 ("District") and the CITY OF YAKIMA, WASHINGTON ("City") pursuant to and in accordance with the Interlocal Cooperation Act, RCW 39.34. WHEREAS, The City and the District each own land and buildings of which the other has need, for example, the City's Parks and Recreation Division requires the use of District classrooms, playgrounds and gymnasiums and the District's sponsored programs require the use of City tennis courts, soccer fields, and parks; NOW, THEREFORE, in consideration of the mutual covenants, promises and conditions set forth herein, it is agreed by and between the City and the District as follows: 1. Purpose. The purpose of this agreement is to describe the basis for the joint use of District and City facilities. The facilities covered by this Agreement are listed in Exhibit "A" (City -owned facilities) and Exhibit "B" (District -owned facilities), attached hereto and incorporated herein by this reference. 2. Tenn. This Agreement shall be effective on June 6, 2006, and shall continue until terminated by either party in accordance with Section 26 of this Agreement. 3. Use. Each party agrees to make its facilities listed in the attached Exhibits available for use by the other party for the duration of this Agreement. The use by one party of the other party's facility shall be in a manner and at a time that is mutually agreed upon by the parties in advance. Full responsibility for supervision of the activity and use rests with the user, unless otherwise agreed to in writing. 4. Maintenance. Except as may be otherwise provided in this Agreement, each party agrees to maintain its own facilities, including providing utilities and necessary custodial care. 5. Priority Use. For City -owned facilities, the City shall have first priority use and the School District shall have second priority use over all other users. For School District -owned facilities, the School District's facility use policy and procedures will be followed. These priorities shall be reviewed at least once a year by the parties and are subject to re -negotiation at any time. 6. Administration. This Agreement shall be administered by the City of Yakima Parks and Recreation Manager or his/her designee and the Assistant Deputy Superintendent or his/her designee. Meetings shall be held at least once per year to plan for future joint use and to otherwise administer this Agreement. 7. Condition of Property. Each party agrees to return the facility it uses to the party owning that facility in the same condition it enjoyed before the use, normal wear and tear 11 11 11 11 CITY OF YAKIMA 1 1 1 1 11 II 11 1 1 11 7550851 Pagel 2 of 8 82/28/2007 84:00P AOR 09,00 Yakima Co, WA excepted. Responsibility for damage to the owner's facility rests with the user as does liability for payment therefore. The user may be permitted use of the owner's equipment (such as tennis and volleyball nets and/or ballfield equipment) under conditions to be agreed upon prior to their use. Damage to equipment caused by the user shall be the financial responsibility of the user. 8. Consideration. The parties agree that no fees will be charged for the reciprocal use of each other's facilities covered by this Agreement. 9. Notice of Cancellation. If either party (the user or the owner) has to cancel the use of a facility at an agreed-upon scheduled time, that party must give the other party at least 24 hours notice of the cancellation. In addition, if the party canceling the use is the owner of the facility, that party shall reschedule the use at the earliest possible time. 10. Performance Excused under Certain Conditions. Either party's failure to perform its obligations under this Agreement shall be excused if due to causes beyond the control and without the fault or negligence of the party, including but not limited to acts of God, acts of the public enemy, fires, floods, epidemics, strikes, and/or weather conditions. 11. Property Ownership. Unless otherwise provided herein or agreed to in writing by the parties, all property acquired by either party during the term of this Agreement related to its performance under this Agreement shall be paid for solely by that party and shall remain the property of that party in the event of termination of this Agreement. Any property acquired jointly by the City and the District during the term of this Agreement relating to the subject of this Agreement shall, upon termination of this Agreement, be disposed of in such manner as mutually agreed upon by the parties. 12. Nondiscrimination Provision. The parties shall not discriminate in the performance of this Agreement in violation of any federal, state, and/or local law or regulation on the basis of race, age, color, sex, religion, national origin, creed, marital status, the presence of any sensory, mental or physical handicap, or other status protected by law. This provision shall include but not be limited to use of each other's facilities pursuant to this Agreement. 13. The Americans With Disabilities Act. The parties agree to comply with the Americans With Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA), and its implementing regulations, and Washington State's anti -discrimination law as contained in RCW Chapter 49.60 and its implementing regulations. The ADA provides comprehensive civil rights to individuals with disabilities in the area of employment, public accommodations, state and local government services, and telecommunications. 14. Indemnification and Hold Harmless. Each party hereto agrees to be responsible and assume liability in the performance of this Agreement for its own wrongful and/or negligent acts or omissions and those of its officers, elected officials, agents, volunteers, and/or employees to the fullest extent allowed by law. In its role as user of the other party's facility, each party agrees to defend, indemnify and hold the owning party harmless from any and all claims, demands, losses, liens, and liabilities of any nature or description (including attorneys' fees and disbursements) arising out of the use unless otherwise expressly agreed to in writing. In the 2 11 TY OF YAKIMA 1 1 1 1 11 11 ROR 11 II II 7550851 Page: 3 of 8 02128/2007 04:00P $39,00 Yakima Co, WR event that the officials, officers, agents, and/or employees of both the District and the City are negligent, each party shall be liable for its contributory share of negligence for any resulting suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorneys' fees). Nothing contained in this Section or this Agreement shall be construed to create a liability or a right of indemnification in any third party. The provisions of this Section shall survive the termination or expiration of this Agreement. 15. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by either party to any other person or entity without the prior written consent of the other party. 16. No Third Party Rights. This Agreement is entered into for the sole benefit of the City and the District. It shall confer no benefits or rights, direct or indirect, on any third persons. No person or entity other than the parties themselves may rely upon or enforce any provision of this Agreement. The decision to assert or waive any provision of this Agreement is solely that of each party. 17. Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. Any provision of this Agreement which shall prove to be invalid, unenforceable, void, or illegal shall in no way affect impair, or invalidate any other provisions hereof, and such other provisions shall remain in full force and effect. Any provision of this Agreement in direct conflict with any statutory provision of the State of Washington shall be deemed modified to conform to such statutory provision. 18. Integration, Supersession, and Modification. This Agreement sets forth all of the terms, conditions, and agreements of the parties relative to the subject matter hereof and supersedes the Joint Facilities Agreement between the parties dated December 20, 1979, authorized by Yakima City Council Resolution D-4175, which is hereby declared terminated and of no further force and effect. This Agreement also supersedes any and all prior negotiations, discussions, and understandings between the parties as to the subject matter hereof. There are no terms, conditions, or agreements with respect thereto, except as herein provided and no amendment or modification of this Agreement shall be effective unless reduced to writing and executed by the parties. The parties' Lions Park Lease Agreement dated April 30, 1983; Lions Park Lease Renewal and Extension Agreement dated December 4, 1985; and Lions Pool Use Agreement dated September 18, 1986 remain in full force and effect. 19. Non -Waiver. The waiver by the District or the City of the breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach by either party or prevent either party thereafter enforcing any such provision. 20. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and sent to the parties to their addresses as follows: TO CITY: Parks and Recreation Manager City of Yakima Public Works Administration 2310 Fruitvale Blvd. 3 11 11 11 1 1 CITY OF YAKIMA 1 1 1 1 11 II 11 11 7550851 Page 4 of 8 02/2812007 04:00P AGR 0,08 Yakima Co, WA Yakima, WA 98902 TO DISTRICT: Deputy Superintendent Yakima School District No. 7 or to such other addresses as the parties may hereafter designate in writing. Notices and/or demands shall be sent by registered or certified mail, postage prepaid or hand delivered. Such notices shall be deemed effective when mailed or hand delivered at the addresses specified above. 21. Survival. Any provision of this Agreement that imposes an obligation after termination or expiration of this Agreement shall survive the term or expiration of this agreement and shall be binding on the parties to this Agreement. 22. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 23. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. 24. Compliance with Law. The parties to this Agreement shall comply with all applicable federal, state and local laws, rules and regulations in carrying out the terms and conditions of this Agreement. Each party shall be responsible for complying with all relevant safety laws and regulations and for taking all necessary safety precautions while using the other party's facility pursuant to this Agreement. 25. Neutral Authorship. Each of the provisions of this Agreement has been reviewed and negotiated and represents the combined work product of the parties hereto. No presumption or other rule of construction that would interpret the provisions of this Agreement in favor of or against the party preparing the same shall be applicable in connection with the construction or interpretation of any provision of this Agreement. 26. Termination. Either party may terminate this Agreement, with or without cause, by giving the other party 180 days prior written notice of termination. 27. Financing. The parties intend to the greatest possible extent to coordinate budgeting for programs and facilities impacted by this Agreement. The parties understand that each has its own financial responsibilities and budgetary requirements. However, recognizing those limitations, the parties hope to avoid unnecessary duplication of recreational programs and avoid overlapping of facilities use. Should either party require a substantial change in budget, which would affect its performance under this Agreement, that party will provide the other party with reasonable advance notice of such change. 4 11 11 ?Y OF YAKIMA III 1 11 II 1111 7550851 Page: 5 of 8 02/28/200? 84:00P AOR $38,88 Yakima Co, WA 28. Filing. A copy of this Agreement shall be filed with the Yakima County Auditor pursuant to RCW 39.34.040. CITY OF YAKIMA, WASHINGTON By: A. City Manager Date: ti/00 00 ATTEST: City Contract No. o OOh -- 91 Resolution No. , k - a0010-/,55 YAKIMA SCHOOL DISTRICT NO. 7 By: Superintendent Date:✓✓ amin A. Soria =INnIIIIIIIIIIC TY OF YAKIMA VI 11 1111 7550851 Page: 6 of 8 02/28/2007 84:00P tl4 AA Yi 4mn rn. 1.1 City -Owned Facilities Cross Country Franklin Park Randall Park Kiwanis Park Tennis Courts Kissel Park Franklin Park Soccer Fields Chesterley Park J.M. Perry Park Ball Fields Gateway Sports Complex Gardner Park Elks Park Golf Exhibit A Fisher Park for Classes and Practices P.E. Classes Franklin Park Gardner Park End of School Picnics at Various Public Parks 6 11 11 11 !TY OF YAKIMA 1 1 1 1 11 11 I II II 7550851 Page ? of 8 02128/2007 04:90P QR 09.00 Yakima Co) WR District -Owned Facilities Gyms: Lewis and Clark (2 gyms) Wilson (2 gyms) Whitney Ridgeview Roosevelt McClure Gilbert Robetson MLK Exhibit B High School: Eisenhower High School Cafeteria and Classrooms Davis KIVA Playfields at District Schools Track Facilities School classrooms at various locations. 7 11 11 11 11 ITV OF YAKIMA 1 1 1 1 11 II ll I I ll 70851 Pa55ge Sof 8 02/28/2007 04:80P AOR $39,00 Yakima Co, WA ITEM TITLE: SUBMITTED BY: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. /2.4r For Meeting of: November 7, 2006 Consideration of a Resolution authorizing a Joint Use Agreement with Yakima School District No. 7 for City -owned and District -owned facilities. Chris Waarvick, Director of Public Works Denise Nichols, Parks and Recreation Manager CONTACT PERSON/TELEPHONE: Denise Nichols, 575-6020 SUMMARY EXPLANATION: The City of Yakima and the Yakima School District each own land and buildings of which the other has need such as classrooms, playgrounds and gymnasiums and tennis courts, soccer fields, and parks. This agreement lists the facilities available and identifies reciprocal -use conditions. To encourage regionalization, this Joint Use Agreement would also be a cost savings measure by avoiding unnecessary duplication of recreational programs and overlapping use of facilities. Resolution X Ordinance Other (Specify) Contract X Mail to (name and address): Funding Source: APPROVED FOR SUBMITTAL: Joint Use Agreement City Manager STAFF RECOMMENDATION: Staff espectfully requests the City Council to adopt the Resolution authorizing the City Manager of the City of Yakima to execute a "Joint Use Agreement" between the City of Yakima and Yakima School District No. 7 to efficiently use each other's facilities to provide services to the local community. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2006-155