WS - C - Resolution 2020-076 - 28E Agreement for Gym Space and Ball Fields - CCA and Tiffin (2) (1)

RESOLUTION NO. 2020-076 A RESOLUTION APPROVING THE 28E AGREEMENT BETWEEN THE CITY OF TIFFIN AND THE CLEAR CREEK AMANA COMMUNITY SCHOOL DISTRICT FOR THE SHARED USE OF THE DISTRICT’S AND CITY’S FACILITIES This Agreement is entered into between the City of Tiffin, Iowa, a municipal corporation ("City"), and the Clear Creek Amana Community School District (“District”). WHEREAS, the City has created a Recreation Department under the direction of the Tiffin City Council, and; WHEREAS, the City would like and will need to conduct some of the recreation programs on the premises of the District, and; WHEREAS, the District currently has middle school baseball and softball programs that use City facilities and may have other programs in the future that will use City facilities, and; WHEREAS, the City and the District desire to enter into a 28E agreement pursuant to the Code of Iowa for the use of the each other’s respective facilities for the benefit of the public. NOW, THEREFORE, THE CITY AND THE DISTRICT AGREE AS FOLLOWS: 1. The Purpose of this Agreement is for the District and the City to share facilities. 2. The initial term of the Agreement shall be from October 1, 2020 – June 30, 2021. This Agreement shall automatically renew for successive one year terms unless either party gives written notice to the other of non-renewal by them immediately preceding June 1. 3. The Clear Creek Amana Community School District Superintendent and the Tiffin City Administrator, or their respective designees, shall have the authority to enact and facilitate the provisions of this Agreement on behalf of the District and the City subject to directions, policies and actions which the Clear Creek Amana School Board and the Tiffin City Council may adopt. 4. The City shall pay the District an annual fee of $2,000 for the use of the District’s facilities for practices, games and other requested recreation programs. 5. The City, through its Recreation Department, may utilize the District’s High School Secondary gym and Middle School PE/Exercise area. The City will have priority regarding scheduling the use of these District facilities over all other non-District uses after all District uses have been met. Use of other District facilities will be determined and agreed upon by the parties based on additional/new recreation programming. 6. The City shall not charge the District for the use of the City’s facilities for practices, games or other requested District programs. 7. The District may utilize the City’s baseball and softball facilities. The District will have priority regarding scheduling the use of these facilities over all other non-City uses after all City uses have been met. Use of other City facilities will be determined and agreed upon by the parties based on additional use needs. 8. If, after City use of a District facility, additional costs are incurred by District due to additional cleaning necessary due to COVID-19, the parties will determine appropriate reimbursement costs to be paid.