BUSINESS OF THE CITY COUNCIL CITY OF MERCER ISLAND, WA

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					                                                                                                  AB 4499
                             BUSINESS OF THE CITY COUNCIL                                  January 4, 2010
                              CITY OF MERCER ISLAND, WA                                  Regular Business


INTERLOCAL AGREEMENT BETWEEN THE                        Proposed Council Action:
CITY OF MERCER ISLAND AND THE MERCER
                                                        Authorize the City Manager to sign the proposed
ISLAND SCHOOL DISTRICT FOR THE
                                                        interlocal agreement.
IMPROVEMENT, SCHEDULING, USE AND
OPERATION OF THE MERCER ISLAND HIGH
SCHOOL STADIUM AND OTHER FACILITIES


DEPARTMENT OF                            Parks and Recreation (Manny M. Ocampo)

COUNCIL LIAISON                          Jim Pearman Dan Grausz Steve Litzow

EXHIBITS                                 1. Proposed Interlocal Agreement
                                         2. Memorandum from Supt. Dr. Gary Plano

APPROVED BY CITY MANAGER


                             AMOUNT OF EXPENDITURE               $         n/a
                             AMOUNT BUDGETED                     $         n/a
                             APPROPRIATION REQUIRED              $         n/a

SUMMARY

The City Council considered this item at its October 19, 2009 meeting. Following discussion, the Council
directed staff to work with the School District to address concerns and issues identified at this meeting and
return with a recommended interlocal at a time to be determined by the City Manager.

Following discussions and analysis by the City Manager, City Parks and Recreation staff, and the attorneys
from both the City and the School District, the recommended interlocal (Attachment 1) remains as
presented at the October 19th Council meeting. The Mercer Island School Board approved the proposed
Interlocal Agreement on October 9, 2009.

At the October 19th Council meeting, concerns were voiced about the availability of the high school’s fields
for casual drop-in use. To clarify, Superintendent Gary Plano has sent the City Manager a memorandum
(attached as Exhibit 2) that reassures the Council and community that drop-in use will continue on the JV
Field and field adjacent to Mary Wayte Pool. In addition, the Stadium may be made available during non-
school operating times (holidays, etc.), pending further consideration by District staff.

The following narrative, included in the October 19th Agenda Bill provides background and summary
information related to the recommended interlocal.

The City entered into an interlocal agreement in 2003 with the Mercer Island School District for the
improvement, scheduling, use and operations of the Mercer Island High School Stadium and other facilities.


                                                   Page 1
As consideration in this previous agreement, the City contributed $500,000 towards the purchase and
installation of the new synthetic turf at the Stadium.

Per this 2003 interlocal, the agreement terminated upon the expiration of the useful life of the synthetic turf
or until the synthetic turf was replaced, whichever came later. As the Council is aware, the synthetic turf on
the Stadium field was replaced by the School District at its sole expense in August of this year.

Thus, it became advisable for a replacement interlocal to be considered by the City and the School District
at this time. Per Council and School Board direction, a staff team comprised of representatives from the
City Parks and Recreation Department and the School District were tasked with preparing a draft
replacement interlocal for potential consideration. Subsequently, a draft interlocal was cooperatively
developed by the staff team and presented to the City/School District Ad Hoc Committee on October 1,
2009.

As is noted below, the most prominent change from the previous agreement is the fact that the City is not
being asked to contribute any capital funds for the purchase, installation or maintenance of the new
synthetic turf at the Stadium. The Ad Hoc Committee reviewed the draft interlocal and following
considerable discussion, reached consensus in recommending the attached proposed interlocal for Council
and School Board consideration (Exhibit 1).

The key elements of the proposed interlocal include the following:

   •   The City is not being asked to contribute any capital dollars for future replacement or maintenance of
       the Stadium turf.

   •   The proposed interlocal acknowledges the City’s original contribution of $500,000 towards the
       previous Stadium turf project and that the District replaced the synthetic turf system in 2009 out of
       District funds, as the previous interlocal stipulated.

   •   The term of the proposed interlocal is 5 years, with additional five year periods available by mutual
       agreement.

   •   The proposed interlocal includes a change of use focus from “recreational” sports to “organized”
       sports. Accordingly, use that is “appropriate for this type of facility” will be the focus.

   •   The interlocal includes the Stadium track as a schedulable facility. A fee will be charged for track
       use; however the proposed interlocal sets this fee at a minimal $5 per year.

   •   The proposed interlocal eliminates the previous estimates for expected hour use by all non-District
       users, including Mercer Island Parks and Recreation, of the Stadium field. These estimates proved
       to be inaccurate.

   •   The proposed interlocal requires the Stadium facilities to be secured at all times. Keys for all areas
       will be issued or other means of access provided by the District. The District will also provide a
       minimum of 4 sets of keys to the City for access to Stadium areas related to City activities. The
       District will issue keys to community members desiring access to the track for running during posted
       times and hours.

   •   The proposed interlocal adopts a new fee schedule. The schedule eliminates the custodian fee
       previously assessed to field users, instead rolling into the overall facility fee a “facility attendant”
       element. It is important to note that this revised rate is less for all users when compared to the
       previous rates plus the custodian fee. The proposed interlocal calls for the rates to be reviewed and
       adjustments considered on an annual basis.
                                                     Page 2
   •   There will continue to be a turf premium charged for the use of the synthetic turf Stadium field, as
       described in the new fee schedule while confirming that neither the District nor the City will be
       charged a rental or administrative fee for the use of the Stadium without mutual agreement.

   •   The proposed interlocal also establishes a new gym fee for use of the North Mercer Gym.

   •   The Ad Hoc committee worked carefully to come to consensus regarding the language in Section
       5(B) to ensure that the District uses reasonable efforts to maintain at least the overall amount of
       community use of these facilities that is consistent with usage patterns during the last full annual
       period (i.e. September 1, 2008 – August 31, 2009).

   •   The proposed interlocal continues to stipulate that the City is responsible for scheduling of the
       facilities addressed in the interlocal per adopted BUG policies. Thus, as in the past, the benefits to
       the community of centralized scheduling and pre-approved prioritization policies continue with the
       proposed Stadium interlocal.

In conclusion, the proposed interlocal recognizes the significant capital and operational investment the
School District is making in these facilities by providing a partially user based revenue structure and
clarifying appropriate uses for the facilities. The interlocal also ensures that the City, as well as the
community as a whole, continues to benefit from the demonstrated value of centralized and coordinated
scheduling. The interlocal acknowledges the value the adopted BUG policies and procedures bring to the
management of the City and School District’s limited sports facility resources.

RECOMMENDATION
Interim Parks and Recreation Director

MOVE TO:      Authorize the City Manager to sign and execute the interlocal agreement between the City of
              Mercer Island and the Mercer Island School District for the improvement, scheduling, use
              and operation of the Mercer Island High School Stadium and other facilities.




                                                   Page 3
                      INTERLOCAL AGREEMENT
              BETWEEN THE CITY OF MERCER ISLAND AND
      THE MERCER ISLAND SCHOOL DISTRICT FOR THE IMPROVEMENT,
               SCHEDULING, USE AND OPERATION OF THE
      MERCER ISLAND HIGH SCHOOL STADIUM AND OTHER FACILITIES


THIS INTERLOCAL AGREEMENT (“Agreement”) is made and entered into between the City
of Mercer Island (“City”), a Washington municipal corporation and the Mercer Island School
District (“District”), a Washington corporation.

A. The City and District enter into this Agreement pursuant to and as authorized by the
   Interlocal Cooperation Act (Chapter 39.34); and

B. The City and District partnered to improve the Mercer Island High School Stadium with the
   installation of a new synthetic field turf system and synthetic track surface in 2002; and

C. The City and District are mutually interested by means of this Agreement in maintaining the
   condition of the Mercer Island High School Stadium in order to expand and enhance its use
   by both the schools and community; and

D. In 2002, the City contributed Five Hundred Thousand Dollars ($500,000) toward the Stadium
   Improvement Project in exchange for the City acting as the coordinator for scheduling of
   District and non-District use of the Stadium and other associated District facilities as
   identified in Exhibit II herein; and

E. The District replaced the synthetic field turf system in 2009 using District funds.

NOW, THEREFORE, in consideration of the above recitals and the mutual promises and
covenants contained herein, and for other good and valuable consideration, the parties agree as
follows:

1.     TERM

This Agreement shall be effective when fully executed by all the parties and shall continue until
August 31, 2014. The City will maintain the responsibility for scheduling use of the Stadium.
This agreement can be extended for additional five year periods by consent of the parties.

2.     DEFINITIONS

A. “BUG” means those Ballfield User Group members described in Exhibit I to this Agreement.

B. “Stadium" means that certain sport stadium located at the Mercer Island High School at
   9100 SE 42nd, Mercer Island, Washington and includes the bleacher areas and announcer’s
   booth, field lights, restrooms, athletic field, track surfaces, and track and field elements
   contained within the Stadium area, and excludes the concession stand area,


                                             AB 4499
                                             Exhibit 1
                                             Page 4
Interlocal Agreement Between The City of Mercer Island and the Mercer Island School District
for Development, Scheduling, Use and Operations of the Mercer Island High School Stadium



C. “Stadium Improvement Project” means those improvements which have been made to the
   Stadium by the District including replacing the existing turf with artificial turf.

D. "Scheduling Software" means the City's Class activity registration and facility scheduling
   software or any successor City operated scheduling software.

3.       GENERAL PROVISIONS OF THE AGREEMENT

For good and valuable consideration, the City and District agree as follows:

A. The subject of this Agreement is the scheduling, use and operations of the Stadium.

B. The City shall schedule all non-District use of the Stadium and the District facilities
   identified in Exhibit II herein through its Scheduling Software, in conjunction with District
   staff.

C. The City will collect and transfer fees from user groups as described in Section 8 of this
   Agreement.

D. The maintenance and replacement of the stadium surfaces shall be the sole responsibility of
   the District.

E. The Stadium uses authorized by this Agreement are both a municipal and an educational
   purpose.

F. The parties will establish procedures to encourage cooperative working relationships between
   City and District personnel at all levels and to quickly resolve issues.

G. The parties will act in good faith to implement the terms of the Agreement.

H. This Agreement is intended to enhance and not interfere with the primary mission of City or
   District governance.

I. Where possible, the City and District will pursue opportunities to develop and improve
   facilities and equipment to support programming by both parties.

J. All use programming and activities scheduled under this Agreement will comply with City
   and District policies prohibiting discrimination.

K. The District utilizes the Scheduling Software for (i) the Stadium; (ii) those District facilities
   currently loaded in the Scheduling Software and described in Exhibit II; and (iii) such other
   District facilities agreed to by the City and the District.




                                                        AB 4499
                                                        Exhibit 1
                                                        Page 5
Interlocal Agreement Between The City of Mercer Island and the Mercer Island School District
for Development, Scheduling, Use and Operations of the Mercer Island High School Stadium


4.       GENERAL GUIDELINES FOR SCHEDULING AND USE

A. The Stadium and District facilities identified in Exhibit II herein are intended primarily for
   school and educational purposes, and are for the benefit of students and the school age
   population.

B. The City and District seek to increase general community access to and use of the Stadium.
   The Stadium is intended to be used jointly, for school and community organized sports
   purposes, for the benefit of District students, the District, and the City at large. The track at
   the Stadium is intended to be used for organized sports and the physical fitness of District
   students and Mercer Island community members.

C. In planning programs and scheduling activities on school grounds, the security, academic,
   athletic and physical fitness needs and opportunities of school aged children will be the
   highest priority and shall be adequately protected.

D. Users will be expected to cooperate in expediting repair of damage which may occur as a
   result of scheduled programs.

5.       PRIORITIZATION - SCHEDULING

A. Stadium use shall be scheduled considering a combination of factors including age group
   served and residency. School District and Parks and Recreation users shall receive highest
   priority. Other groups or organizations are scheduled based upon the age group served
   (youth organizations higher priority than adult organizations) followed by residency (Mercer
   Island residents higher priority than non-residents), as follows:

     1. Group 1- District and City Use (Rental/Use Fee Waived Pursuant to Section 8)

              (i)    First Priority- Mercer Island School District.

              (ii)   Second Priority- Mercer Island Parks and Recreation activities and events.
                     Such use shall be no more than 25% of the available time remaining after
                     School District uses.

     2. Group 2 - Youth and Adult Organizations (Rental/Use Fee Collected Pursuant to
        Section 8)

              (i)    First Priority - Youth organizations or teams whose members reside in the City
                     of Mercer Island. Youth organizations when 75% or more of its members
                     reside within the City of Mercer Island.

              (ii)   Second Priority - Adult organizations when 75% or more of its members reside
                     within the City of Mercer Island.




                                                        AB 4499
                                                        Exhibit 1
                                                        Page 6
Interlocal Agreement Between The City of Mercer Island and the Mercer Island School District
for Development, Scheduling, Use and Operations of the Mercer Island High School Stadium


              (iii) Third Priority - Youth organizations or teams when less than 75% of its
                    members reside within the City of Mercer Island.

              (iv) Fourth Priority - Adult organizations when less than 75% of its members reside
                   within the City of Mercer Island.

B. Subject to Section 5(C) below, the District will use reasonable efforts to maintain at least the
   overall amount of Category 2 use of the Stadium consistent with usage patterns during the
   last full annual period prior to the beginning of the term of the Agreement (i.e. September 1,
   2008 – August 31, 2009).

C. The District retains the final authority to restrict access and use by any party if such use
   interferes with the District’s programs or activities. Nothing in this provision shall modify the
   District’s obligations to the City as otherwise set forth in this Agreement.

6.       ANNUAL SCHEDULING CONFIRMATION PROCESS

A. The City and District agree to conduct joint scheduling conferences with other users as
   needed in January (for the period April to June), April (for the period July to September),
   August (for the period October to December) and October (for the period January to March)
   of each year and additionally as needed to coordinate time requirements of the various user
   groups. Blocks of time will be allocated throughout the day, week and year for use by the
   District, City and other user groups, in accordance with the priorities established in Section.

B. For purposes of this agreement the Stadium is assumed to be available for District and non-
   District uses between 8 a.m. and 10 p.m. daily.

C. Resolving Space Availability Conflicts

     1. The mutual goal of the City and District will be to maintain program continuity, giving
        adequate notification of scheduling changes or facility use to allow completion of a
        program cycle, and where necessary, to relocate programming. When possible, each
        party will assist the other in locating alternative space.

     2. In the event of scheduling conflicts, facility-based representatives will first attempt to
        reach resolution on space availability issues. When the conflict involves more than one
        City and District program, all parties will be informed and involved in resolving the
        conflict. The central scheduling offices of both parties will, whenever possible, identify
        options or ways to accommodate the interests of both parties. If agreement cannot be
        reached on a scheduling request, the issue will be referred to the District Athletic Director
        or designee and the Parks and Recreation Director or designee. If agreement cannot be
        reached by these parties, the Superintendent of Schools or designee shall resolve the
        matter with consultation of the City Manager.




                                                        AB 4499
                                                        Exhibit 1
                                                        Page 7
Interlocal Agreement Between The City of Mercer Island and the Mercer Island School District
for Development, Scheduling, Use and Operations of the Mercer Island High School Stadium


D. Interagency Training.

     1. The City and District shall cooperate in developing a training and orientation program for
        key personnel involved in implementing this Agreement including school principals,
        secretaries, activity and recreation coordinators, coaches, athletic directors, facility
        coordinators, physical education teachers, and maintenance staff. Topics to be covered
        include the history and purpose of joint use, benefits to students/families and City
        residents, specific provisions established by this Agreement and key implementation
        procedures.

7.       PROCEDURES FOR MANAGING STADIUM USE

A. Central Coordination, Permitting, Record-keeping and Problem Resolution

     1. The City Parks and Recreation Department will formally permit all organized sports non-
        District uses and maintain the annual joint use schedule pursuant to the Scheduling
        Software and in consultation with District representatives.

     2. For Group 2 users as identified in Section 5, permit forms shall stipulate the organized
        sports use and program for which the permit is being issued, name of person responsible
        for supervision, spaces and equipment authorized for use, dates and hours of use,
        requirements for special service and any other information required.

     3. The City shall maintain accurate records of use, and shall track and report scheduling
        issues occurring under this Agreement.

     4. Representatives from the District and the City shall form a Stadium Advisory Committee.
        This committee will meet as needed, but no less than quarterly, to provide operational
        coordination and planning, and a regular forum for problem resolution on such issues as
        scheduling conflicts, maintenance, security and vandalism.

B. Changes in Policy, Budget or Organization

     1. When either the City or District contemplates a change in policy, budget or organization
        that could impact the joint use of the other, that agency will consult with the other party
        far enough in advance so that the other agency can analyze the impacts and plan for the
        change.

C. Temporary Rescheduling of Priority Use

     1. In the event a user group informs the City of its inability to utilize its scheduled priority
        use, the City may schedule other uses temporarily until the user group is ready to resume
        its scheduled priority use.




                                                        AB 4499
                                                        Exhibit 1
                                                        Page 8
Interlocal Agreement Between The City of Mercer Island and the Mercer Island School District
for Development, Scheduling, Use and Operations of the Mercer Island High School Stadium


D. Single Use Requests

    1. Requests to use the Stadium outside of the annual scheduling confirmation process
       should be submitted to the City’s Parks and Recreation Department. The City will verify
       in advance with the District Athletic Office that the facility is available at the date and
       time requested. The request will only be granted if the allotted time and space is
       available.

E. Use Requirements

    1. Stadium management is intended to maximize site access and support of non-
       District/City organized sports purposes. The District will provide Stadium management
       services. In order to ensure consistent Stadium management services, the City and
       District will explore the potential for training City staff as Stadium managers.

    2. Security, parking control, and crowd control are the responsibilities of the user group.

    3. The user group shall assure the City that all unauthorized vehicles are kept off the
       Stadium field and away from unauthorized areas.

    4. The City and District shall jointly promulgate site operating rules consistent with adopted
       District policies, regulations, procedures and adopted City ordinances, policies, and
       resolutions to ensure the safety and welfare of all site users.

F. Access/ Facility Keys

    1. The Stadium will be secured at all times. Keys for all areas shall be issued or other
       means of access provided for curriculum/program events and activities approved under
       this Agreement. The District shall provide a minimum of four (4) sets of keys to the City
       for access to Stadium areas. The City agrees not to duplicate keys issued by the District.
       The District will also issue keys to community members desiring access to the track for
       running during designated times and hours.

G. Facility Maintenance Responsibilities

    1. With each use, the user group shall be responsible for the pre- and post-occupancy
       preparations. The Stadium will be returned to the condition which preceded use by each
       user group. Where possible and necessary, access to cleaning supplies will be provided
       by the District.

    2. All user-group owned equipment, materials and gear shall be removed from the Stadium
       immediately after each use, unless prior arrangements have been made with the District.

    3. The District shall be responsible for the primary maintenance to the Stadium to the
       standard traditionally provided to serve its educational and athletic programs.



                                                        AB 4499
                                                        Exhibit 1
                                                        Page 9
Interlocal Agreement Between The City of Mercer Island and the Mercer Island School District
for Development, Scheduling, Use and Operations of the Mercer Island High School Stadium


H. Access to storage

     1. When possible, the District shall make available storage space on site for City program
        equipment and supplies.

I. Restitution and Repairs

     1. The user group shall be responsible to reimburse the District for the repair or damage to a
        space or area of the Stadium and for District equipment or owner property missing from
        the Stadium which may occur as a result of scheduled programs for which a permit has
        been issued. The District shall be solely responsible for enforcing all of the terms and
        conditions of any user agreements, including without limitation, seeking reimbursement
        for damage to the Stadium, equipment or other personal property.

     2. Inspection of facilities- The District shall, through its designated representative, inspect
        the Stadium following use by a permitted user group. Inspection shall be directed toward
        identification of damage to the facilities, field, track and equipment or missing property
        that may have been caused by the user group through conduct of its program.

     3. Reporting method- The District shall notify the user of damage or loss within three (3)
        working days after inspection.

     4. Damages need to be resolved between the District and user group. If not resolved, the
        District may direct the City to cease renting the Stadium to the user group.

8.       FEES AND CHARGES

A. The City will use best efforts to collect fees (rental and administrative) from user groups and
   such fees (less City administrative fee) will be transferred to the District according to a
   schedule to be agreed to by the two parties consistent with District accounting requirements
   (Exhibit III). These rates shall be reviewed and adjusted annually. The parties agree that
   Group 2 users as identified in Section 5 will be charged rental fees consistent with this
   Section. Neither the District nor the City shall be charged a rental or administrative fee for
   the use of the Stadium without mutual agreement.

B. In addition, the City may charge Group 2 users for extra material, labor and appropriate
   overhead costs that either the City or the District may incur because of their use of the
   facility, including but not limited to property damage, unsecured gates and locks, security
   response, leftover trash and garbage, etc.

     The District shall establish an appropriate rental fee structure for Group 2 users based upon
     fair market value for rental of similar facilities/amenities (field rental, track rental, light use,
     equipment preparation, damage deposits, key deposits, etc.) owned and/or operated by other
     similar school districts and shall adopt such policies accordingly; provided, however, all City
     and District use is free and provided further, all other BUG users shall receive a thirty
     percent (30%) discount on such rental fees, exclusive of City administrative fees. In


                                                        AB 4499
                                                        Exhibit 1
                                                        Page 10
Interlocal Agreement Between The City of Mercer Island and the Mercer Island School District
for Development, Scheduling, Use and Operations of the Mercer Island High School Stadium


      addition, the District shall charge a fee to community members desiring access to the track
      for running during designated times and hours.

9.       LIABILITY AND INSURANCE

A. The City and District agree to provide each other with evidence of insurance coverage, in the
   form of a certificate of insurance from a solvent insurance provider and/or a letter confirming
   coverage from a solvent insurance pool, which is sufficient to address the insurance and
   indemnification obligations set forth in this Agreement.

B. The City and District shall obtain and maintain throughout the term of this Agreement
   coverage in minimum liability limits of one million dollars ($1,000,000) per occurrence and
   two million dollars ($2,000,000) in the aggregate for its liability exposures, including
   comprehensive general liability, errors and omissions, auto liability and police professional
   liability. The insurance policy shall provide coverage on an occurrence basis.

10.      HOLD HARMLESS/INDEMNIFICATION:

A. The District shall indemnify and hold harmless the City and its officers, agents, and
   employees, or any of them, from any and all claims, actions, suits, liability, loss, costs,
   expenses, and damages of any nature whatsoever, by reason of or arising out of any negligent
   action or omission of the District, its officers, agents, and employees, or any of them, in
   performance of this Agreement. In the event that any suit based upon such a claim, action,
   loss, or damage is brought against the City, the District shall defend the same at its sole cost
   and expense; provided, that, the City retains the right to participate in said suit if any
   principle of governmental or public law is involved; and if final judgment be rendered
   against the City and its officers, agents, and employees, or any of them, or jointly against the
   City and the District and their respective officers, agents, and employees, or any of them, the
   District shall satisfy the same.

B. The City shall indemnify and hold harmless the District and its officers, agents, and
   employees, or any of them, from any and all claims, actions, suits, liability, loss, costs,
   expenses, and damages of any nature whatsoever, by reason of or arising out of any negligent
   act or omission of the City, its officers, agents, and employees, or any of them in
   performance of this Agreement. In the event that any suit based upon such a claim, action,
   loss, or damage is brought against the District, the City shall defend the same at its sole cost
   and expense; provided that the District retains the right to participate in said suit if any
   principle of governmental or public laws is involved; and if final judgment be rendered
   against the District, and its officers, agents, and employees, or any of them, or jointly against
   the District and the City and their respective officers, agents, and employees, or any of them,
   the City shall satisfy the same.

C. The parties hereby waive, as to each other only, their immunity from suit under industrial
   insurance, Title 51 RCW. This waiver of immunity was mutually negotiated by the parties.

D. The provisions of this Section shall survive any termination or expiration of this Agreement.


                                                        AB 4499
                                                        Exhibit 1
                                                        Page 11
Interlocal Agreement Between The City of Mercer Island and the Mercer Island School District
for Development, Scheduling, Use and Operations of the Mercer Island High School Stadium


11.      ASSESSMENT OF JOINT USE OUTCOMES

A. The City, in consultation with the District, will prepare an annual report on Stadium use,
   including a summary of the total annual hours of facility use supported by this Agreement,
   benefits derived, penalties assessed, and an assessment of scheduling or operational issues.

      This annual report shall be made available annually, during the month of September, to the
      Superintendent of Schools, the City Parks and Recreation Director, the Mayor and City
      Council, School Board President and members of the School Board. Copies of this report
      shall also be made available on the City and District websites, as well as at City and District
      offices.

12.       INTERAGENCY COORDINATION

A. The Stadium Advisory Committee will:

      1. Coordinate implementation and oversee preparation and distribution of the Annual Joint
         Use Report; and

      2. Review this Agreement by November 1 of each year, particularly its guidelines,
         scheduling process, operating procedures, exchange of benefits, access and fees.
         Operational changes jointly agreed upon in this review will take effect in the upcoming
         school year; and

      3. Either party can initiate a special meeting to discuss interim problems or propose
         amendments to this Agreement.

13.       GENERAL PROVISIONS

A. This Agreement contains all of the agreements of the parties with respect to any matter
   covered or mentioned in this Agreement. No provision of this Agreement may be amended
   or modified except by written agreement signed by the parties.

B. Any provision that is declared invalid or illegal shall in no way affect or invalidate any other
   provision.

C. In the event any party defaults on the performance of any terms of this Agreement or any
   party places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit,
   the prevailing party shall be entitled to an award of all its reasonable attorney fees, costs, and
   expenses.

D. Failure of any party to declare any breach or default immediately upon the occurrence
   thereof, or delay in taking any action in connection therewith, shall not constitute a waiver of
   such breach or default.




                                                        AB 4499
                                                        Exhibit 1
                                                        Page 12
Interlocal Agreement Between The City of Mercer Island and the Mercer Island School District
for Development, Scheduling, Use and Operations of the Mercer Island High School Stadium


E. Any action, suit, or judicial proceeding for the enforcement of this Agreement shall be
   brought and tried in the Superior Court or the State of Washington in King County.

F. The laws of the State of Washington shall govern this Agreement.

G. The parties agree that this Agreement is consistent with RCW 43.09.210, the "Accountancy
   Act". The City is receiving adequate consideration from the District in exchange for its
   payment. The District consideration consists of its transfer of control of the scheduling of the
   Stadium to the City and allowing additional public use of the Stadium.

14.      TERMINATION

A. Each party shall have the right to terminate this Agreement in the event the other party is in
   default of any material term or condition of this Agreement by providing thirty (30) days’
   advance written notice specifying the basis for such determination. If the other party
   thereafter fails to commence reasonable steps within the thirty-day period to correct fully and
   to remedy the default within ninety (90) days from the date of the notice, then the Agreement
   shall be deemed terminated; provided that, if the nature of the default is such that it cannot be
   remedied within ninety (90) days, then the Agreement shall not terminate so long as the party
   in default is proceeding promptly to remedy the default and does so within such additional
   period as may be agreed by the parties. In the event the District terminates this Agreement
   following the City’s default, the District shall have no obligation to reimburse the City for
   any amount.

B. This Agreement may be terminated in whole or in part at any time by either the City or the
   District, prior to its expiration, for good cause upon ninety (90) days written notice. Good
   cause shall include the following items: (1) financial hardship as demonstrated by a City
   Council or District Board of Directors resolution; and (2) the District’s need to recapture
   school grounds for school purposes as demonstrated by a District Board of Directors
   resolution. In the event such termination affects only part of the Agreement (e.g., the
   Stadium or any one of the other District facilities), such termination will not impact the
   requirements of this Agreement for the remaining elements.


This Agreement has been executed in duplicate by the parties hereto and made effective when all
parties have fully executed this Agreement.

CITY OF MERCER ISLAND                                              MERCER ISLAND SCHOOL DISTRICT



_______________________________                                    __________________________________
Richard M. Conrad                                                  Gary Plano, Ph.D.
City Manager                                                       Superintendent

Dated: _______________________                                     Dated: __________________________


                                                        AB 4499
                                                        Exhibit 1
                                                        Page 13
Interlocal Agreement Between The City of Mercer Island and the Mercer Island School District
for Development, Scheduling, Use and Operations of the Mercer Island High School Stadium




APPROVED AS TO FORM:                                               APPROVED AS TO FORM:



______________________________                                     ________________________________
Katie H. Knight                                                    Denise Stiffarm
City Attorney                                                      Attorney for School District




                                                        AB 4499
                                                        Exhibit 1
                                                        Page 14
Interlocal Agreement Between The City of Mercer Island and the Mercer Island School District
for Development, Scheduling, Use and Operations of the Mercer Island High School Stadium


                                                      EXHIBIT I

                                 BALLFIELD USER GROUP MEMBERS

Ballfield User Group members are established organizations whose primary mission is to serve
youth and/or adult populations of Mercer Island:

    •    City of Mercer Island Parks & Recreation Department
    •    Mercer Island School District
    •    Mercer Island Boys & Girls Club
    •    Mercer Island Youth Soccer Association
    •    Mercer Island Lacrosse Association
    •    Stroum Jewish Community Center




                                                        AB 4499
                                                        Exhibit 1
                                                        Page 15
Interlocal Agreement Between The City of Mercer Island and the Mercer Island School District
for Development, Scheduling, Use and Operations of the Mercer Island High School Stadium



                                                        EXHIBIT II

         DISTRICT FACILITIES TO BE SCHEDULED THROUGH SCHEDULING
                                 SOFTWARE


    •    Mercer Island High School Stadium
    •    Mercer Island High School Practice Field
    •    Mercer Island High School Upper North JV Field
    •    North Mercer Gym




                                                        AB 4499
                                                        Exhibit 1
                                                        Page 16
Interlocal Agreement Between The City of Mercer Island and the Mercer Island School District
for Development, Scheduling, Use and Operations of the Mercer Island High School Stadium


                                                            EXHIBIT III

                                                          FEE SCHEDULE

   Field use is charged by the hour                     BUG Youth      BUG Adult       Class I          Class II        Class III

 Natural Grass              MIHS JV Field
                     MIHS Upper North Field
                                                           $20               $20         $30              $40              $40
 Fields

 Synthetic Turf
                                 MIHS Stadium              $52               $52         $75              $105            $145
 Fields

                           North Mercer Gym
 Gyms                 (Gym Fee effective Jan 1, 2010)
                                                           $30               $30         $40              $50              $50


 Additional Field Fees:                      *Additional MIHS Stadium Fees:         BUG: Mercer Island Boys & Girls Club,
  Lights:                                      10% booking surcharge per contract    Stroum Jewish Community Center,
   High School Stadium, $20/hr                 $25/event Press Box (optional)        Mercer Island Youth Soccer,
                                               $25/event Concessions (optional)      Mercer Island Lacrosse Club,
                                               $25/event Ticket Booth (optional)     Mercer Island Parks & Recreation,
                                                                                     Mercer Island School District
                                                                                    Class I: Non-profit, at least 75% residency
                                                                                    Class II: Non-profit, less than 75% residency
                                                                                    Class III: Commercial for-profit




District Fee for Community Member access to track during designated times and hours:             $5 per year.




                                                                 AB 4499
                                                                 Exhibit 1
                                                                 Page 17
                                Mercer Island School District #400
                                              SUPERINTENDENT SERVICES
                                        4160 86th Avenue S.E. • Mercer Island, WA 98040-4196
                                                  (206) 236-3300 • Fax (206) 236-3333

                                           Dr. Gary Plano                        Jan LaFountaine
                                           Superintendent                       Executive Assistant




December 28, 2009

MEMORANDUM

To:            Rich Conrad
               City Manager, City of Mercer Island


From:          Gary Plano, Ed. D.

Copy to:       Dean Mack
               Executive Director, Business Services and Human Resources

               Keith Ellis
               Director of Maintenance and Operations

Re:            Community Access to Fields



Consistent with our discussions regarding the public’s access to our fields, this memorandum is intended
to communicate those conversations in writing.

All of our fields, including those fields behind and adjacent to Mary Wayte Pool, will remain open and
unlocked for use by the community during non-school times. The exception is when the maintenance
team is restoring the JV field after heavy use and/or when the team fertilizes the north fields. The
maintenance team coordinates field restoration with the City’s maintenance crew in order to avoid closing
all of the Island’s fields at the same time.

Inter-local agreements between the Mercer Island School District and the City of Mercer Island outline
the process for the community’s scheduled use of all of our fields including the Stadium.
Casual, non-scheduled use will be permitted to the extent that such fields, including Islander Stadium, are
not in use by our students or have been scheduled for use by community groups.

Presently, I am studying the issue of keeping the Stadium open during holidays (e.g., Thanksgiving,
school break in December, etc.). I will notify you as soon as a decision has been made. Also, the Key
Card System for the Stadium is planned for late winter.
                                                 AB 4499
                                                 Exhibit 2
                                                 Page 18

				
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