HomeMy WebLinkAboutPK07-248 - Original - Kent School District - Field & Facility Joint Use - 04/05/1983 Records Ma-046 m e
KENT
Was„,„Gro„ Document
CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission to City Clerks Office. All
portions are to be completed, if you have questions, please contact City Clerks Office.
Vendor Name: Kent School District Vendor Number:
Contract Number:
This is assigned by Deputy City Clerk
Description: Interlo cal Agreement with Kent School District for Field and Facility Joint Use
Detail:
Project Name: Agreement with Kent School District No. 415 and City of Kent
Contract Effective Date: 4/11/83 Termination Date: Indefinite
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: Teri Petrole Department: Parks Administration
Details:
S Pubbc\RecordsManagement\Forms\ContractCover\ADCV832 07/02
J A N 0 U ly04
I '
AGREEMENT BETWEEN KENT SCHOOL DISTRICT NO. 415
AND CITY OF KENT PARKS & RECREATION DEPARTMENT
CITY OF KENT
The Agreement, made and entered into this 5th day of April
198 3 , by and between the City of Kent, a municipal corporation, hereinafter
called "City" and the Kent School District 415 of the State of Washington,
hereinafter called "District."
W I T N E S S E T H
Whereas the governing bodies of the City and District are mutually
interested in an adequate program of community recreation under the auspices
of the City public parks and recreation department; and
Whereas said governing bodies 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 City has established by ordinance a Department of Parks and
Recreation responsible for carrying out the purposes of community recreation;
and
Whereas in the interest of providing the best service with the least
possible expenditure of public funds full cooperation between City and
District is necessary; and
Whereas a joint use concept can provide for the maintenance and operation
of existing fields and buildings for their better utilization by both parties;
and
Whereas a joint use agreement would allow and encourage the City and
District to work together in planning, developing and building facilities for
joint use. NOW, THEREFORE
In consideration of this premise, said City and said District do now agree
to cooperate with each other in carrying out the above purposes, and to that
end do agree as follows:
Section 1 . The District will make available to the City for community
recreational activities all school facilities which are not needed for the
conduct of school programs and which are suitable for community recreation
activities, except for those District properties which are not presently
developed and those District properties which have been, or will be, developed
by non-District personnel or organizations. However, the District may at its
discretion elect from time to time to make available to the City these
undeveloped properties and properties developed by non-District personnel or
organizations. All requests for use of District facilities shall be made in
writing by the Director of Parks & Recreation of the City or his designated
representative and will be subject to the approval of the Superintendent of
Schools or his designated representative of the District.
Section 2. The City will make available to the District for school
events, activities and/or programs all City facilities which are not needed
for the conduct of City programs and which are suitable for said events,
activities and/or programs. The facilities are to be requested (in writing)
by the Superintendent of Schools or his designated representative, subject to
the approval of the Director of Parks and Recreation or his designated
representati ve.
Section 3. The use of selected 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 Board of Directors.
Section 4. It is hereby agreed that a schedule of dates to be requested
for the use of the District School facilities will be worked out in advance by
the City and that this schedule will be arranged to avoid conflict between
District and City use; that in the scheduling of said facilities, District
events and programs shall have first priority and City programs, established
by the Recreation Department, shall have second priority and any other events
by other groups or agencies shall have third priority. Approved 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 5. 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 that in
the scheduling of said facilities, recreation department activities shall have
first priority and District events and programs shall have second priority and
any other events by other groups or agencies shall have third priority.
- 2 -
Approved 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.
Section 6. The City, through its Department of Parks 3 Recreation, agrees
to provide adequate personnel to supervise the recreation activities which
take place after school hours and during holiday and vacation periods at the
approved areas or facilities.
Section 7. It is understood and agreed that the personnel employed by the
City in its Parks 8 Recreation Department shall be under the supervision of
the Department and further that the District will advise in the planning and
administering of a recreation program to be conducted by the City on or in
District facilities.
Section 8. It is recognized that school properties and facilities are
intended primarily for school purposes and for the benefit of individuals of
school age. It is therefore agreed that, in planning programs and scheduling
activities on school grounds, the recreational needs and opportunities of such
individuals will be well provided for and adequately protected.
Section 9. It is further agreed that in the event of any dispute or
difference arising as a result of the City program being conducted on the
sites jointly used and selected as above outlined, or as to the use of a
District facility, said dispute or difference shall be brought to the
attention of the Mayor and the Superintendent or their designees.
Section 10. It is further agreed that the City Recreation Department will
furnish and supply all expendable materials necessary for carrying on a City
sponsored community recreation program unless otherwise agreed.
Section 11 . It is further agreed that the City may, with permission,
install sprinkler systems, turfing, playground equipment, fencing and
additional recreational equipment not in conflict with school use, on areas
selected by the Director of Parks 6 Recreation, subject to approval by the
Superintendent of Schools or his designated representative. Any installation
of equipment, construction or development of facilities on said premises, for
community recreation purposes, shall be at the City's cost unless otherwise
agreed.
Section 12. It is further agreed that the plans and specifications for
the placement of all equipment, facilities and permanent improvements upon
said premises and the type, design and construction thereof, shall be approved
by the Superintendent of Schools or his designee prior to any installation
thereof.
- 3 -
Section 13. It is further agreed that the cost of maintaining said
improved areas shall be borne proportionately by the City and the District as
determined by the relative use of said areas, and further that the City and
ithe District agree to maintain such areas in good condition during the periods
of their respective responsibility.
Section 14. It is further agreed that any permanent improvements or
equipment installed or erected on said premises by the City shall remain the
property of the City and may be removed if permit for use of area is
terminated.
Section 15. It is further understood and agreed that either party to this
Agreement may at any time terminate this Agreement upon giving, in writing, to
either party 90 days 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 not withstanding 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, application
for use of said facility must have been approved by the District.
Section 16. It is agreed that in consideration for the use of any
District facility and/or property, the City will save and hold harmless the
Kent School District, its elected and appointed officials, its employees and
agents from any and all liabilities, including fraudulent and groundless
accusation of liabilities, resulting from any City of Kent use of said
facilities and/or property.
Section 17. It is agreed that in consideration for the use of any City
facility and/or property, the District will save and hold harmless the City of
Kent, its elected and appointed officials, its employees and agents from any
and all liabilities, including fraudulent and groundless accusations of
liability, resulting from any Kent School District use of said facilities
and/or property.
Section 18. The City shall maintain a policy of comprehensive general
liability including athletic participant liability protections 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
- 4 -
connection with the use of the District's facilities and/or property as
granted pursuant to this Agreement. Policy limits shall be in the amount of
at least $10,000,000 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.
Section 19. The District shall maintain a policy of comprehensive general
liability including athletic participant liability protecting and
indemenifying 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
$10,000,000 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 insureds with respect to the policy.
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be
executed on their behalf.
CITY OF KENT, A municipal Corporation, First Party,
, /
Bye C
ayor
Attest:-cT �-
ty C1 e
KENT SCHOOL DISTRICT NO. 415, Second Party,
By
Board resi ent
Attest:
Board Secretary
4306-116A
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COMMUNITY USE OF SCHOOL BUILDINGS, EQUIPMENT AND GROUNDS 1410
PROCEDURES
1.0 Applications
1.1 Prior to the use of a facility, an application for use of
buildings or grounds must be made on forms supplied by the
school district and obtainable from the building principal ,
athletic department, or business office. All information
requested on the application must be provided by a responsible
representative of the group requesting use of the facilities.
Applications for use of athletic or recreational facilities
should be initiated through the athletic director and all
other requests through the appropriate building administrator.
The principal and/or athletic director shall sign all six
copies indicating that the requested dates are available and
approve the nature of the specified use. All copies shall be
forwarded to the business office for assessment of charges.
All applications must be received by the business office at
least ten, but not more than thirty, days prior to the
beginning date of the intended use. -
1.2 A single application may be made for a series of stated meet-
ings of like character; however, a separate application must
be made for' meetings that deviate from the original applica-
tion. Facilities utilized shall be limited to those specified
on the application. Only approved applications constitute
permits for the use of school facilities.
1.3 Applications will be considered and scheduled when submitted
in the appropriate manner and it is determined that there is
no conflict with Kent school programs and activities.
1.31 Applications for continuous use for a series of like
meetings will not be approved for more than the current
scheduling period (see 1.37).
1.32 PTA/PIE, Boy Scouts, Girl Scouts, and Campfire Girls
that have scheduled school facilities for regular
meetings the previous year will continue to be scheduled
on the same priority basis as a district activity.
Recreational activities sponsored by these groups will
be treated as a third priority.
1.33 Programs and activities sponsored by Kent Parks and Rec-
reation shall have second priority in scheduling
athletic and recreational facilities as per the agree-
ment between the City of Kent and the Kent School
District.
1.331 Kent Parks and Recreation will submit requests to
the director of athletics for the Kent School
District in the mutually agreed upon form.
COMMUNITY USE OF SCHOOL BUILDINGS EQUIPMENT AND GROUNDS 1410
PROCEDURES
1.332 Kent Parks and Recreation requests shall specify
times and dates in a manner that makes it
possible for the district to schedule groups or
agencies that have third priority.
1.333 Kent Parks and Recreation. as per the agreement
between the City of Kent and the Kent School
District, shall bear their proportional costs of
maintaining any improved area or field for their
use and further shall pay their proportionate
cost of maintaining areas or equipment in good
condition during the times of their respective
responsibility. These costs shall be established
by the Business Manager of the Kent School
District within a reasonable time of their
occurrence.
1.334 Problems from Kent Parks and Recreation are to be
referred to the athletic department.
1.335 Major problems and policy decisions from the
schools should be referred to the athletic
department, not directly to Kent Parks and
Recreation.
1.34 The French Field stadium will be scheduled in accordance
with the provisions of paragraph 1.37.
1.341 Use will be scheduled according to the following
priorities:
FIRST PRIORITY: KENT SCHOOL DISTRICT ACTIVITIES*
SECOND PRIORITY: KENT RECREATION ACTIVITIES
THIRD PRIORITY: COMMUNITY YOUTH ACTIVITIES
FOURTH PRIORITY: COMMUNITY ADULT ACTIVITIES
FIFTH PRIORITY: NONCOMMUNITY AND COMMERCIAL
ACTIVITIES
*(WIAA events are classified as school activities
and Kent School District will determine appro-
priate charges.)
1.342 The Kent School District reserves the right to
reschedule events.
1.343 The approved charges for use of French Field are
on Addendum B.
-2-
COMMUNITY USE OF SCHOOL BUILDINGS, EQUIPMENT AND GROUNDS 1410
PROCEDURES
1.35 Applications for non-recreational use of a single
facility by more than one group will be approved on a
first-come, first-served basis. Groups in paragraph 1 .0
of the policy receive priority in case of simultaneous
application.
1.36 Recreational programs and activities sponsored by groups
and agencies other than Kent Parks and Recreation shall
have third priority in scheduling athletic and recrea-
tional facilities and will be scheduled by the Kent
School District athletic director after consultation
with the director of Kent Parks and Recreation on the
following basis:
1 .361 Application for use of recreational , playground
or athletic facilities will be submitted to the
individual school or the Director of Athletics
for the Kent School District via the Community
Use of Facilities forms provided by the district.
1 .362 Application will be considered on a third
_ priority basis when it is determined that the
activity is consisten# with the provisions of
this policy.
1 .363 Application will be approved by the athletic
director, the building principal and the business
department.
1.37 Kent Parks and Recreation and all other groups, agencies
and individuals requesting use of recreational and ath-
letic facilities will submit applications in accordance
with the following schedule:
1 .371 Fall Season (September 1 through November 30)
1.3711 Submit requests by August 1.
1.3712 District athletic director's action
complete by August 3.
1.3713 District principal 's action complete by
August 7.
1.3714 District action by August 15.
1.3715 Kent Parks and Recreation will notify the
athletic director of any requests not
} received by the 15th day of the month.
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COMMUNITY USE OF SCHOOL BUILDINGS, EQUIPMENT AND GROUNDS 1410
PROCEDURES
1 .372 Winter Season (December 1 through February 28)
1 .3721 Submit requests by November 1.
1.3722 District athletic director's action
complete by November 3.
1.3723 District principal 's action complete by
November 7.
1.3724 District action by November 15.
1.3725 Kent Parks and Recreation will notify the
athletic director of any requests not
received by the 15th day of the month.
1 .373 Spring Season (March 1 through May 30)
1.3731 Submit requests by February 1.
1.3732 District athletic director's action
' complete by February 3.
1.3733 District principal 's action complete by
February 7.
1.3734 District action by February 15.
1.3735 Kent Parks and Recreation will notify the
athletic director of any requests not
received by the 15th day of the month.
1 .374 Summer Season (June 1 through August 30)
1.3741 Submit requests by May 1 .
1.3742 District athletic director's action
complete by May 3.
1.3743 District principal 's action complete by
May 7.
1 .3744 District action by May 15.
1.3745 Kent Parks and Recreation will notify the
athletic director of any requests not
received by the 15th day of the month.
1.375 PTA/PIE, Boy Scouts, Girl Scouts and Campfire
Girls may schedule one year in advance
(see 1.32).
-4-
COMMUNITY USE OF SCHOOL BUILDINGS, EQUIPMENT AND GROUNDS 1410
PROCEDURES
3.6 Before leaving the building or grounds , all groups will pick
up, clean and put in order the facility used by them for their
activity. The district reserves the right to charge for
cleanup, damages, etc.
3.7 The applicant will notify both the building administrator and
the business office of any cancellation of previously
scheduled facilities in ample time to plan accordingly. In
case of failure to do so, the district may bill for expenses
incurred in preparation for use of the facilities requested.
4.0 Payments
4.1 All basic charges and charges for district-required buildings
and grounds services performed by school district employees
shall be arranged by and paid to the school district's
business office. These employees are then paid by regular
payrol-l . No organization or group is to make any payment
directly to on-duty school employees or make any individual
arrangements with employees as to service charges. All basic
or service charges or damages shall be billed from the
` business office directly to the applicant immediately
following the month during which facilities were -used. User
charges will be determined on a cost basis established by the
Board of Directors as an addendum to these basic procedures.
5.0 Right Reserved to Revoke Permits
5.1 The school district reserves the right to cancel any permit
given and to refund any payment made for the use of school
buildings or grounds where it deems such action advisable and
for the best interests of the school district, or to modify
its policies at any time.
5.2 All permits, with the exception of the Kent Parks and Recrea-
tion Department, automatically expire at the close of the
school year. Kent Parks and Recreation Department follow the
schedule in procedure 1 .37.
5.3 A separate request is required for use of school facilities
during the school summer vacation period by all groups and
individuals not involved in the schedule procedure of para-
graph 1 .37.
6.0 Reporting of Unauthorized Use
6. 1 Unauthorized use of facilities and grounds should be reported
to security and to the building administrator.
Adopted by Board: 12/2/70 Revised by Board: 9/22/82
Revised by Board: 11/26/75 Revised by Board: 10/12/83
Revised by Board: 1/31/79
Revised by Board: 12/9/81 -6-
COMMUNITY USE OF SCHOOL BUIL"INGS, EQUIPMENT AND GROUND: 1410
- POLICY
The buildings and grounds of the Kent Public Schools are primarily for
public school purposes. However, every possible opportunity will be
provided for after school and evening use of school facilities by citi-
zens of the Kent School District and community groups. It is the policy ,,
of the Board of Directors to:
/ OSi JL
OF
1.0 Authorize use of facilities without charge by Kent,,ofganizations
considered to be affiliated with school�hiunctions° such as employee
groups, parent-teacher associations , 'pres'chool , Kent Area Council
of Parent-Teacher Associations, boys ' and girls ' scouting, 4-H 01 a
groups, Kent Recreation Department, Red Cross , civil defense, law
enforcement or fire protection groups° res�ed groups organized �`S ��Fa,r,r•
solely for charitable purposes and formally constitut d non rofit, 6-i f
nonpartisan, nonsectarian, unorganized athlete groups devoted
solely to activities for ages 19 and under. There will be charges
for cooks, ,janitors , or supervisors when it becomes necessary to
pay salaries beyond normal working hours , to defray costs for
damages to facilities , equipment and fields or pay s.6a costs
for heat and utilities. ,
2.0 Authorize I non-commercial , 'non-profit organizations and
groups not defined in the previous section to utilize school facil-
ities on a cost reimbursement basis . This category includes groups
and organizations dedicated to the promotion of education and
general welfare activities of the community including , but not `
limited to (1 ) special study and self-betterment groups , (2) parti-
san political groups (except for annual caucus meetings or caucus
meetings held during a presidential election year) , (3) political
subdivisions of city, county and state, (4) recreational and
athletic activities of private agencies or groups , and (5)
religious groups.
3.0 Authorize the casual use of playgrounds by community groups without
charge, providing the use does not interfere with school or sched-
uled activities. A permit for the use of school grounds must be
secured for scheduled events other than spontaneous casual use.
The term playground does not include specialized athletic fields
and sports areas. Casual use of secondary school football and soccer
game fields is prohibited.
ex�`Pr
4.0 Prohibit the use of school facilities�1 by commercial , private or
political groups that charge admissi,oti, raise funds or seek to make
a profit. ?e-e n=%AoD6
Tj;a..AZ� - 2cVw.« �.nc1�,c tick
5.0 Authorize use of school music facilities for private music teachers
on a space-available and cost-reimbursement basis. Space
availability to be determined by the building principal . The
intent of this procedure is to provide a service to the community
and is not intended to compete with local business establishments.
c�v�racc ��� rzucssn 3"! Qtz�c CA wQCS
Adopted by Board: 12/2/70 '
Revised by Board: 11/26/75
Revised by Board: 1/31/79 40- uu
Revised by Board: 12/9/81 �c<_c .....-,t\
Revised by Board: - 10/12/83
Revised by Board: 2/14/90
Kent School District No. 415
APPLICATION FOR USE OF PERFORMING ARTS FACILITIES
❑ The School Board has established Policy 1410, setting forth ❑ KENT-MERIDIAN
three (3) "use"categories/classifications, in addition to Kent ❑ KENTRIDGE
School District use,to facilitate administrative processing ❑ KENTWOOD
of all community-use applications for Performing Arts facilities.A definition of
those non-school use classifications can be found on the reverse side of this
application to aid you in determining which categories you or your organization Date of Application"
and/or group fall into The box at upper left MUST be filled in correctly for "Application,with insurance,must be submitted
review by the P rincipal or designee. at least 10 days prior to use to be considered.
Applications submitted without insurance will
not be accepted
NOTICE: NO RIGHT TO USE FACILITY UNTIL SIGNED APPROVAL OF THIS APPLICATON IS RECEIVED BY APPLICANTI
Name of Organization Person in Charge
Address Address
City State Zip City State Zip
Telephone Telephone
Facility Requested 13 Stage Lighbng 13 Sound Board 13 Piano
O Lighting/Sound Tech 0 Event Manager 0 Stage Sets/Shells Grand Plano i] Upnght Piano ❑ Other(list)
O Rehearsal time Expected Attendance Number of Performers Total
Date(s)Requested Day(s)of the Week
Event Time From To +Setup and Cleanup Time -Total Fours Per Day
Event Time From To +Setup and Cleanup Time -Total Hours Per Day
What is naturelpurpose of facility user
Admission (if any) Child$ Adult$ Other$
For what purpose will the proceeds be used'/
Paragraph 3.0 - APPLICANTS RESPONSIBILITIES.
Insurance $1,000,000 for non-profit groups and$5,000,000 for profit groups must be carried
at Application for a school facility shall constitute acceptance by the applicant of the responsibility for any damage done as a result of their use,and willingness to
comply with all rules and regulations regarding the use of school facilities.
32 The applicant must exercise the proper care in the use of school premises and agrees that in consideration for use of the theater that he/she/they will save and hold
harmless the Kent School District#415 for any and all liabilities,including fraudulent and groundless accusations of liability,resulting from his/her/their use of the
described facility
33 The applicant must provide satisfactory adult supervisor of all activites.
34 Before leaving the building or grounds,all groups will pick up,clean and put in order the facility used by them for their acbviy
3.5 The applicant will notify both the building administrator and the district Athietics/Acbvibes DapL of any cancellation of previously scheduled facilities in ample time to
plan accordingly In case of failure to do so,the Kent School District may bill for expenses incurred in preparation for use of the facilities requested
Data: Applicant's Signature:
(BELO)y - TO BE COMPLETED BY SCHOOL PERFORMING ARTS THEATER IMANArcw
Approval&Pam
Q Approved-No Charge [] Disapproved Q Approved-With Charges 'ESTIMATED TOTAL
13 Category A *Sao Attached Workshoet -
0 Category B 13 Rehearsal s/Auditions
13 Category C [3 Other(specify)
Principal/Theater Manager Signature Date Athlebcs/AcbvRies Signature Date
DR-8-83 fRav a-931 Athlebcs/Actmaes-White Custodian-Green Finance-Yellow Apdicant Pink Maintanane-Goldenod