ESD #15 - Westgate Elementary Playground ImprovementsINTERLOCAL AGREEMENT BETWEEN CITY OF EDMONDS AND
EDMONDS SCHOOL DISTRICT NO. 15
Westgate Elementary Playground Improvements
THIS INTERLOCAL AGREEMENT ("Agreement") made this 9 day of
Abt/t. , 2010, by and between the Edmonds School District No. 15 and
the City of Edmonds, both municipal corporations under the laws of the State of
Washington, hereinafter referred to as "District" and "City" respectively.
WHEREAS, Chapter 39.34, RCW (Interlocal Cooperation Act) permits local
government units to make the most efficient use of their powers by enabling them to
cooperate with other government entities on the basis of mutual advantage and
thereby to provide services and facilities in a manner pursuant to forms of
governmental organizations that will accord best with geographic, economic
population, and other factors influencing the needs and development of local
communities; and
WHEREAS, the District owns and operates Westgate Elementary School
which is located within the comprehensive planning area of the City of Edmonds; and
WHEREAS, the City operates park and recreation programs and has identified
a need for additional outdoor recreational facilities; and
WHEREAS, the City has allocated funds for development of school fields and
playgrounds and has determined that the renovation of the play -ground and fields
located on the School Property will be of positive benefit to the citizens of the City.
NOW, THEREFORE, the District and the City agree as follows:
1. PURPOSE
1.1 The purpose of this Agreement is to provide a cost-sharing
arrangement between the District and the City to allow for improvements in the
playfields and playground located on the School Property to facilitate its recreational
use by the City. `
1.2 The District will prepare budget estimates, develop a plan for
playfield improvements, and identify any necessary permits and regulatory processes
prior to approving any improvement plan in accordance with this Agreement and
applicable laws.
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2. CONTRACT ADMINISTRATOR
2.1 Pursuant to RCW 39.34.030(4)(a), the District will hereby
appoint a Contract Administrator who will be responsible for administering this
Agreement, and at the direction of the parties, this Contract Administrator shall take
such action as is necessary to ensure that this Agreement is implemented in
accordance with its terms. The parties hereby designate the District's Director of
Facilities Operations, as the Contract Administrator of this Agreement.
2.2 This Agreement does not create a separate legal or administrative
entity, and consequently is being administered in accordance with RCW 39.34.030(4),
as provided in paragraph 2.1.
3. REAL AND PERSONAL PROPERTY
3.1 The District owns the real School Property which is the subject
of this Agreement. This Agreement does not contemplate the transfer of ownership of
the School Property nor to limit the District's ability to comply with its statutory
obligations regarding the use and disposition of school property pursuant to Ch.
28A.335 RCW. The District may assign its rights and obligations under this
Agreement in its sole discretion.
3.2 The parties will not, during the term of this Agreement, jointly
acquire or hold any properly (real or personal) under the terms of this Agreement.
3.3 Upon approval by the District and the City of a plan for the
playfield improvements as defined by paragraph 5 of this Agreement, the District and
the City shall provide funds, as set forth in paragraph 6 below, to the Contract
Administrator for use in obtaining the personal property needed to construct the
playground improvements and to pay for the labor and professional services required
to renovate the playground.
3.4 By operation of this Agreement, the City acquires no interest in
and disclaims any interest in the improvements constructed pursuant to this
Agreement, which said improvements will be the District's property. In consideration
of the City's contributions under this Agreement, the City shall have the right to use
the School Property pursuant to RCW 28A.335.250 for its park and recreation
programs so long as such use does not interfere with the District's use of the School
Property for school purposes.
3.5 If, in the exercise of its sole discretion, the District elects to sell
or otherwise remove the recreational improvements funded by this Agreement from
use by the City during the ten (10) years immediately following execution of this
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Agreement, the City shall be entitled to a pro -rata refund of its contribution. The
refund shall be based on the percentage of months remaining in said ten (10) year
period, stipulated to be approximately equal to the normal useful life of the funded
recreational improvements.
4. DEVELOPMENT OF PLANS FOR IMPROVEMENTS- AND
PERMITTING
4.1 The District shall:
4.1.1 Develop an improvement plan.
4.1.2 Cooperate with the City to ascertain any necessary permits
or required governmental approvals to complete the improvement plan. To the extent
required by local regulations related to any permits necessary to implement the plan,
the District shall cooperate with the City in preparing permit applications and
soliciting citizen input. If the Edmonds City Council and Mayor determines that
additional citizen input is desirable, the City may request additional assistance from
the District, which shall not be unreasonably withheld so long as the assistance is
consistent with its statutory obligations and does not involve an undue financial
burden on the District.
4.1.3 Provide the City with conceptual plans of the proposed
improvement plan.
4.2 The City shall:
4.2.1 Cooperate with the District to ascertain any necessary
permits or required governmental approvals to complete the improvement plan. To
the extent required by local regulations related to any permits necessary to implement
the plan, the City shall cooperate with the District in preparing permit applications
and soliciting citizen input. The City's Parks and Recreation Department shall gather
any public comments and forward them to the District prior to any hearing held by the
City related to the improvement plan.
5. APPROVAL OF FINAL DESIGN
5.1 Upon completion of the improvement plan and final cost
estimates, the District and City may independently reexamine and confirm the
project's scope of work. No fmal contract for the construction of the improvements
shall be entered by the District, the City, or the Contract Administrator until the
Contract Administrator has received written approval to proceed from both the
District and the City.
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5.2 Prior to approval of the final design of the improvement plan, the
District and the City will have taken action, independent of this Agreement, to budget
and provide the financing necessary to perform their respective obligations under this
Agreement, including, but not, limited to, the construction and installation of the
agreed improvements.
6. FUNDING OF PLAYGROUND 1WROVEMENT PROJECT
6.1 Within thirty (30) days of the effective date of this Agreement as
defined by paragraph 7.1 of this Agreement, the City shall obtain approval as required
under relevant laws to fund up to Twenty-five Thousand Dollars NO/ 100
($25,000.00) and the District up to One Hundred Sixty-five Thousand and NO/100
($165,000) to be used to finance the planning and installation of the playground
improvements contemplated by this Agreement. The District Funding includes
contributions made by the Westgate Elementary School Playground Committee. The
District and the City shall also obtain approval as required under relevant laws for any
additional contributions required under paragraph 6.4 of this Agreement.
6.2 The District shall fund its and the City's obligations under
paragraph 4.1 of this Agreement until such time as the District requests payment from
the City for its share of the expenditures. Any such funds expended shall be so
expended in accordance with RCW 28A.320.080 and shall apply to the District's total
obligation set forth in paragraph 6.1.
6.3 The City shall fund its obligations under paragraph 4.2 of this
Agreement upon request for reimbursement by the District as stated in paragraph 6.2
of this Agreement. The City shall confirm that any such funds reimbursed to the
District are in accordance with laws governing such expenditures and shall apply to
the City's total obligation set forth in paragraph 6.1.
6.4 Upon approval of the final design of the playfield improvement
plans under paragraph 5 of this Agreement, the District shall transmit funds to the
Contract Administrator for use in completing the approved playfield improvement
plan. Unless the parties mutually agree in writing, the total costs of the completion of
the playground improvement plan may not exceed $190,000 PROVIDED THAT
nothing in this Agreement requires or authorizes any expenditure of funds in excess of
what is allowed by RCW 39.04.155.
6.5 Following approval of the final design of the playground improvement
plans as specified in paragraph 6.4 above, the District and the City will direct the
Contract Administrator to secure appropriate contracts for labor, goods and
professional services as needed to complete the work identified in the plans in
accordance with applicable laws, including but not limited to Ch. 39.04 RCW and
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RCW Ch. 28A.335. The Contract Administrator will be instructed to provide regular
progress reports to the District and the City and inform the District and the City if
expenditures necessary to complete the approved improvements are expected to
exceed $190,000 of the public contract amount. The Contract Administrator will also
notify the District and City of completion of the playground improvements for their
final inspection and approval of completed work. The District and City shall provide
the Contract Administrator with written approval of project completion. The Contract
Administrator shall have the authority to carry out the purposes of this Agreement in
accordance with this Agreement, and to carry out any necessary and proper matters to
otherwise facilitate the completion of the approved playground .improvement plan.
7. DURATION AND TERMINATION
7.1 The term of this Agreement shall commence as of the date first
written above and shall end upon final acceptance of the project by the Contract
Administrator, unless this Agreement is terminated prior to such date in accordance
with paragraph 7.2. This Agreement shall take effect upon either filing a copy thereof
with the County Auditor or posting on either parties' web sites in accordance with
RCW 39.34.040.
7.2 Termination of this Agreement may be accomplished by mutual
agreement of the parties prior to final approval of the playground improvement plan
in accordance with paragraph 5. A party seeking to terminate this Agreement under
this paragraph shall give the other party advance written notice of not less than thirty
(30) days.
7.3 In the event it becomes necessary for the District to terminate this
Agreement in order to comply with its statutory obligations regarding the use and
disposition of school property under Ch. 28A.335 RCW, .the District may terminate
this Agreement upon thirty (30) days written notice to the City and the Contract
Administrator.
7.4 If this Agreement is terminated in accordance with paragraph 7.2
or 7.3, the District and the City shall share equally in any expenditures previously
incurred by either the District or the City in furtherance of the playfield improvement
plan. Any plans, engineering drawings or other documents made in preparation for
project design approval are deemed to be the property of the District.
7.5 Following the effective date of the termination of this Agreement
under this paragraph 7, the District may complete any playground improvement plan
on its own without any further obligation to the City.
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8. MISCELLANEOUS
8.1 The Contract Administrator shall supervise and manage the
completion of the playground improvement project on behalf of the District and the
City following final design approval pursuant to paragraph 5 of this Agreement. The
City shall have no responsibility to supervise or manage completion of the approved
playfield improvement plans under paragraph 5 of this Agreement.
8.2 The District provides no and disclaims any and all express or
implied warranties of any kind, including but not limited to the warranty of fitness for
a particular purpose, in connection with or arising out of the activities under this
Agreement. The District will, however, direct the Contract Administrator to make
reasonable efforts to obtain warranties from the persons or entities providing labor,
goods or professional services to complete the approved playground improvement
project.
8.2 In the event that the District utilizes an architect or engineer by
independent contract or a public works contract to fulfill completion of the project,
the District shall direct the Contract Administrator to use its best efforts to obtain
whatever warranties may be reasonably available and to secure contractual
indemnities to protect the District and the City from liability arising out of the work
performed under this Agreement, PROVIDED, however, that the District shall incur
no liability arising from this Agreement if the Contract Administrator is unable to
obtain such warranties and indemnities. The Contract Administrator shall also require
such professional or contractor to provide adequate insurance to cover any and all
liability incurred during the course of improvements which names the City and the
District as named additional insureds and to extend such coverage to cover damage or
injury to any reasonably foreseeable third parties and to confirm such insurance has
been obtained by obtaining a copy of any related, certificate of insurance before
construction or installation of the approved playfield improvement plans is begun.
8.3 The District and the City will adequately provide through
insurance or participation in insurance pooling for loss reserves to provide for their
respective liability that could arise in connection with this Agreement.
8.4 The District and the City shall maintain records necessary to
carry out the purposes of this Agreement in accordance with generally accepted
accounting principles. Such records shall be available during normal working hours
for the review of the respective parties, their accounting representatives or the State
Auditor.
8.5 Each party to this Agreement shall be responsible for its own
negligent and/or wrongful acts or omissions, or those of its agents or employees, to
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the fullest extent required by law. Each party shall save, indemnify, defend and hold
the other party harmless from any such liability. If more than one person or entity is
negligent, any damages allowed or indemnity provided, shall be levied in proportion
to the percentage of negligence attributable to each party under the laws of the State
of Washington.
8.6 This Agreement and all questions concerning the capacity of the
parties, execution, validity (or invalidity), and performance of this Agreement, shall
be interpreted, construed and enforced in all respects in accordance with the laws of
the State of Washington.
CITY OF EDMONDS
MAYOR OARY HAAKENSON
DATE: Y1 '2—q 1l a
ATTEST/AUTHENTICATED :
"-Ot� d - &�
SANDRA S. CHASE, CITY CLERK
APPROVED AS TOFORM:
EDMONDS SCHOOL DISTRICT NO. 15
Its: A���
DATE:
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