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HomeMy WebLinkAboutCAG2024-265 - Original - Kent School District - Canyon Ridge Lighting - 5/23/24 FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr: Agreement Routing Form DirAsst: lel- • For Approvals,Signatures and Records Management Dir/Dep: EL B` KEN T This form combines&replaces the Request for Mayor's Signature and Contract Cover (optional) W A S H I N G T O N Sheet forms. (Print on pink or cherry colored paper) Originator: Department: Ron Lashley - Brian Levenhagen Administration Date Sent: Date Required: > 05/16/2024 05/24/2024 0 Q Mayor or Designee to Sign. Date of Council Approval: Q Q Interlocal Agreement Uploaded to Website May 21, 2023 Budget Account Number: Grant? Yes❑ NoWl 10006600.64710.XXXX Budget?W]Yes❑No Type: N/A Vendor Name: Category: Kent School District Interlocal Vendor Number: Sub-Category: JIM c 33111 Original 4-0 Rid e Lighting Project Name: Canyon g g g cProject Details: Canyon Ridge Middle School athletic field lighting project c c a, Agreement Amount Basis for Selection of Contractor: Interlocal Agreement E *Memo to Mayor must be attached i Start Date: 5/23/24 Termination Date: 5/22/2034 Q Local Business?W]Yes❑No*If meets requirements per KCC 3.70.100,please complete'Vendor Purchose-Locol Exceptions"form on Cityspace. Business License Verification: ❑Yes❑In-ProcessEZI Exempt(KCC 5.01.045) 91 Authorized Signer Verified Notice required prior to disclosure? Contract Number: ❑Yes❑No CAG2024-265 Comments: H i 3 f0 a1 C C a1 Vf � � O91 V � GJ Date Received:City Attorney: 5/24/24 Date Routed:Mayor's Office 5/30/24 City Clerk's Office 5/31/24 adccW22373_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements rev.20221201 PARKS AND HUMAN SERVICES COMMITTEE Julie Parascondola, CPRE Parks Director 220 Fourth Avenue South KENT Kent, WA 98032 WASHINGTON 253-856-5100 DATE: May 7, 2024 TO: Kent City Council - Committee of the Whole SUBJECT: Canyon Ridge Lighting — Kent School District Interlocal Agreement - Authorize MOTION: I move to authorize the Mayor to sign the interlocal agreement with the Kent School District for athletic field lighting and joint synthetic turf field use at Canyon Ridge Middle School, subject to terms and conditions acceptable to the Parks Director and City Attorney. SUMMARY: Kent Parks and the Kent School District have a partnership going back over 40 years that has allowed both agencies to better serve the community's recreation needs. Kent Parks identified a need for additional multi-use athletic field space in the 2022 Park and Open Space Plan. Kent School District recently built a new synthetic turf athletic field at Canyon Ridge Middle School. Kent School District's and Kent Park's primary need for field time at this facility does not overlap. Kent Park's primary need for field time extends past dusk much of the year. This new interlocal agreement allows Kent Parks to install lighting around the Canyon Ridge Middle School in exchange for field time in the evenings and on the weekends when the field is not needed for district events. The shared use of this site will result in operating efficiencies and capital savings that will benefit Kent residents. BUDGET IMPACT: No budget impact - this will be funded within the existing Parks Capital Budget. SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. Inclusive Community - Embracing our diversity and advancing equity through genuine community engagement. ATTACHMENTS: 1. ADM_KSD_Canyon_Ridge_Lighting_Exhibit (PDF) Interlocal Agreement Between Kent School District No. 415 and City of Kent This Interlocal Agreement (the "Agreement") is entered into on 5/23/24 by and between the Kent School District No. 415 (the "District"), and the City of Kent, Washington (the "City"). RECITALS A. The City and the District (the "Parties") entered into a Joint Use Agreement dated April 5, 1983, regarding the adequate program of community recreation under the auspices of the City public parks and recreation department and Kent School District. B. The Parties wish to enter this additional Interlocal Agreement to add athletic field lighting to an athletic field at Canyon Ridge Middle School. C. Attached hereto as Exhibit A, and incorporated by reference is a map which generally illustrates the location of the improvements, athletic field, amenities and related facilities at Canyon Ridge Middle School. AGREEMENT SECTION 1: Purpose and Subject Matter The purpose of this agreement is to set forth the terms and conditions for the City to add athletic field lighting (the "Project") as identified in Exhibit A, located at Canyon Ridge Middle School, 11000 SE 264th St, Kent, WA 98030, (the "Site") so that it may be used by the District for school purposes and by the City for public recreation purposes. In this context, the parties intend future operational decisions to be guided under the following principles: A. The Parties serve the same community and will work together to meet its diverse needs. B. The Parties primary use of the site does not overlap allowing both Parties to meet their main athletic field needs at this site. C. The Parties shared use of this site will result in operating efficiencies and capital savings that will benefit taxpayers. D. The Parties may take on new goals and mutual obligations over time. E. The collaboration will be characterized on mutual trust, respect, honesty, and commitment. F. The Parties will make clear and ongoing communication a priority, striving to understand each other's unique vision, needs, and interests, balancing community expectations. G. The Parties will regularly communicate to continuously improve collaboration goals and outcomes. H. The Parties will nurture a diverse Kent community, will support innovating approaches to enhance access for underrepresented populations, and will seek to provide recreational opportunities to Kent's diverse community. SECTION 2: Athletic Field Lighting A. The Parties intend to add athletic field lighting to the approximately 3.5-acre new synthetic turf athletic field and track. The lights will be designed to provide illumination for a variety of sports and a variety of age groups. B. Athletic field lighting is permitted to be used at the site until 10:00pm. C. The City shall pay for the design and construction of athletic field lighting for the synthetic turf athletic field and track that was constructed at the District's expense. The City will coordinate with the District on design of the athletic field lighting system. D. Construction of the athletic field lighting will be a separate construction project, managed by the City, that starts after the District's synthetic turf athletic field and track project is complete. E. The Parties will comply with applicable public bidding requirements and other applicable laws for the City's purchase and installation of athletic field lighting at the Site. F. Once construction of the athletic field lighting commences, the District will be involved in the project management team and receive regular status updates on the project. G. The District shall provide the City and its contractor access to the Site during construction of the project, including granting necessary temporary construction easements where reasonably required. H. The City will schedule construction to limit impacts to District programs and regular school hours as much as feasibly possible. SECTION 3: Scheduling A. The City will serve as scheduling coordinator for use on weekdays while District programs are not scheduled (which will vary) and for times outside regular school hours between 8:00 AM and 10:00 PM. B. The District will have first priority use of the field/track for scheduled District programming weekdays until 6:00 PM when school is in session, unless other use is agreed upon. C. City or community events or rentals will start no earlier than 6:00 PM on weekdays when school is in session. Earlier start of City or community events will require mutual agreement by both parties. D. The City will have first priority for the use of the field on weekdays between 6:00 PM and 10:00 PM and on Saturday and Sunday between 8:00 AM and 10:00 PM. When school is not in session during the summer, the City may schedule use between 8am and 10pm Monday through Sunday. Earlier use will require mutual agreement by both parties. E. The District will have the right to schedule the field between 6:00 PM and 10:00 PM on weekdays, on weekends between 8:00 AM and 10:00 PM and when school is not in session (summer) between 8:00 AM and 10:00 PM Monday through Sunday for District Programs with a mutually agreed upon amount of notice provided by the District to the City if the field is available. This use shall not displace City programs or rental use. F. Hours not utilized by the City or the District will be made available by the City to community groups according to the City's policy for athletic field rental. Scheduled use of the Field shall be permitted 6:00 PM to 10:00 PM Monday - Friday and 8:00 AM to 10:00 PM Saturday, Sunday, and when school is not in session. SECTION 4: Fees A. The District authorizes the City to charge fees as a condition of community use of the field during hours the City is responsible for scheduling. SECTION 5: Operating Standards in General. Except as may be amended or reallocated below, the Kent School District will maintain the synthetic turf athletic field and track and any adjacent landscaping associated with this facility and the City will maintain the athletic field lighting. A. Maintain in a clean, attractive, high quality, safe, and habitable condition; B. Keep in good repair and proper working order; C. Maintain compliance with all applicable laws, regulations, and rules; D. Maintain in a manner intended to prevent and minimize closures; and E. Maintain in a manner consistent with industry standards for facilities of similar size and scope to the Canyon Ridge Athletic Field that are located elsewhere in the King County region. SECTION 6: Operations, Maintenance and Repair A. The City agrees to install a deduct electricity meter enabling the Parties to determine electric usage for the athletic field lighting. The District will provide usage information from the deduct meter on the athletic field lighting and then invoice the City quarterly for electrical usage directly associated with City use of athletic field lighting. B. The City agrees to provide appropriate resources to operate the facility for its designated use hours and outside of normal school district operating hours. This includes staff to pick up litter, lock or unlock the facility, move or secure goals and equipment, turning on and off athletic field lighting and other tasks directly associated with city programming or rentals. C. The District agrees to provide appropriate resources to operate the facility for its designated use hours. This includes staff to pick up litter, lock or unlock the facility, move or secure goals and equipment, turning on and off athletic field lighting and other tasks directly associated with District use. D. The City and the District will have physical and remote access to the lighting control system for the athletic field lighting system. E. The City will be allowed to place and maintain portable toilets in a mutually agreed upon location, for use by the public during City operating hours. F. Parking during City's use periods will be available in the District's parking lot on a first-come, first-served basis. G. The City and District will work together to provide and maintain easily accessible storage space near the athletic field to store goals and other equipment necessary for the operations of recreation programming onsite. H. Major lifecycle maintenance or capital repair and replacement affiliated with the athletic field surfacing and track will be the responsibility of the District and major lifecycle maintenance of capital repair and replacement of the lighting will be the responsibility of the City. I. For any major lifecycle maintenance of capital repair, the Parties will work to minimize impact to operations and work together to facilitate completion of the necessary work. SECTION 7: Signage The City will be allowed to have "Kent Parks" branded signage at main access points to the athletic field, in a reasonable size; provided, however, that it shall be removed or placed elsewhere if there is a reasonable need to do so expressed by the District. SECTION 8: Duration of Amendment The initial term of this Agreement shall be ten (10) years from the date of execution, which shall be the date of the last signature on this Agreement. Following this initial term, this Agreement shall automatically renew for successive five (5) year terms unless either party provides notice of an intent to terminate pursuant to section 12 below. SECTION 9: Effect on Joint Use Agreement In the event of a conflict between this Agreement and the 1983 Joint Use Agreement, this Agreement shall control, including provisions concerning days and times of field use. All other terms and conditions of the 1983 Joint Use Agreement between the District and the City shall remain in full force and effect. SECTION 10. Indemnification, Defense and Hold Harmless The City shall indemnify, defend and hold the District harmless for and as against any claim, administrative complaint, cause of action, or allegation arising out of the design and construction of the Project that is not attributed to the negligence of the District or its contractors, employees, or agents, which shall include reimbursement of litigation costs, legal expenses, settlement or judgment incurred by the District. Following completion of the Project, each party shall indemnify, defend and hold the other harmless for claims resulting from each party's own activities at the Site, which shall include reimbursement of litigation costs, legal expenses, settlement or judgment incurred by either party. SECTION 11. Insurance. The City, its contractors, agents and assigns with whom it contracts to provide the performance contemplated herein shall maintain the following insurance: Commercial General Liability insurance shall be written with limits no less than $1,000,000 per occurrence, $2,000,000 general aggregate, and $2,000,000 products-completed operations aggregate limit. Primary Non-Contributory Additional Insured coverage for the City of Kent and Kent School District No. 415, et. a/. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per occurrence. The District shall be named as an additional insureds under its Commercial General Liability insurance policy, and written confirmation thereof shall be supplied to the District upon written request by the District. SECTION 12. Termination After the initial ten-year term of the agreement, either Party may terminate this Agreement upon ninety (90) days written notice to the other party, or immediately upon a material breach of the terms of this Agreement, provided that the non- breaching party has given notice of an alleged breach and allowed the breaching party thirty (30) days to cure. Any termination shall not constitute a waiver of any claim, cause of action, or demand for incidental, consequential, or other damages by either party. SECTION 13. Compliance The Parties warrant their compliance with federal, state, and local laws, including the Washington Law Against Discrimination, Civil Rights Act, Labor & Industries regulations and any other applicable regulation. Section 14. Notice All communications regarding this Agreement shall be sent to the Parties at the physical address or email addresses listed on the signature page of this Agreement, unless otherwise notified. Any written notice shall become effective upon delivery, but in any event three (3) calendar days after the date of mailing by registered or certified mail or email and shall be deemed sufficiently given if sent to the addressee at the address stated on this Agreement. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed on their behalf. KENT SCHOOL DISTRICT: CITY OF KENT: By: > By:� -- - — --- Print Name: Brian Smith Print Name: Dana Ralph Its: Superintendent or designee Its: Mayor DATE:May 23,2024 DATE: 05/30/2024 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: KENT SCHOOL DISTRICT: CITY OF KENT: Brian Smith, Director of Athletics, Activities, & Brian Levenhagen, Parks Deputy Director Facility Use City of Kent Parks, Recreation & Community Kent School District Services 12033 SE 256th Street D-100 220 Fourth Avenue South Kent, WA 98030 Kent, WA 98032 (253) 373-7251 (telephone) (253) 856-5116 (telephone) Brian.smith2@kent.kl2.wa.us (email) bjlevenhagen@kentwa.gov (email) Signature: $��a� LeVenGeaAen Signature: Brian Levenhagen(May 17,202 1:16 PDT) Email: bjlevenhagen@kentwa.gov Email: rlashley@kentwa.gov 2_ADM_KSD-Canyon_Ridge_Lighting-Agreeme nt Final Audit Report 2024-05-23 Created: 2024-05-17 By: Ronald Lashley(rlashley@kentwa.gov) Status: Signed Transaction ID: CBJCHBCAABAAmACCM6WKgeHICpc6Goj4wAURRLObntmV "2_ADM_KSD-Canyon_Ridge_Lighting-Agreement" History Document created by Ronald Lashley (rlashley@kentwa.gov) 2024-05-17-0:10:29 AM GMT P4 Document emailed to bjlevenhagen@kentwa.gov for signature 2024-05-17-0:12:56 AM GMT Email viewed by bjlevenhagen@kentwa.gov 2024-05-17-6:16:12 PM GMT C,�, Signer bjlevenhagen@kentwa.gov entered name at signing as Brian Levenhagen 2024-05-17-6:16:33 PM GMT + Document e-signed by Brian Levenhagen (bjlevenhagen@kentwa.gov) Signature Date:2024-05-17-6:16:35 PM GMT-Time Source:server C-► Document emailed to Ronald Lashley (rlashley@kentwa.gov)for signature 2024-05-17-6:16:37 PM GMT o Document e-signed by Ronald Lashley (rlashley@kentwa.gov) Signature Date:2024-05-20-7:36:06 PM GMT-Time Source:server '► Document emailed to Brian Smith (brian.smith2@kent.k12.wa.us)for signature 2024-05-20-7:36:08 PM GMT Email viewed by Brian Smith (brian.smith2@kent.k12.wa.us) 2024-05-23-3:49:23 AM GMT + Document e-signed by Brian Smith (brian.smith2@kent.k12.wa.us) Signature Date:2024-05-23-8:28:44 PM GMT-Time Source:server Powered by r � Adobe T Acrobat Sign Agreement completed. 2024-05-23-8:28:44 PM GMT POWL-md by Adobe r , Adobe [CENT Acrobat Sign