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HomeMy WebLinkAboutOrd.4197.02-22-2011 BILL NO. 11-16 ORDINANCE NO. y/ ( l7 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A SWIMMING POOL OPERATIONS AGREEMENT WITH CAPE GIRARDEAU SCHOOL DISTRICT NO. 63 FOR THE OPERATION AND MAINTENANCE OF THE CENTRAL MUNICIPAL SWIMMING POOL, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS : ARTICLE 1 . The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute a Swimming Pool Operations Agreement with Cape Girardeau School District No. 63 for the operation and maintenance of the Central Municipal Swimming Pool . A copy of said Agreement is attached to this Ordinance and made a part hereof . ARTICLE 2 . This . Ordinance shall be in full force and effect ten days after its passage and approval . PASSED AND APPROVED THIS xa DAY OFV--P- -4arry , 20�. E R Iger, Mayor ATTEST: %ARD � N W' Gayle Conrad, C , C1e.n._ I, SWIMMING POOL OPERATIONS AGREEMENT Agreement made aLf,�zcyi, between the City of Cape Girardeau, a municipal corporation of the State of Misso ri ("City"), and Cape Girardeau School District No. 63, a school district authorized by the State of Missouri ("School District"). RECITALS A. On the 21st day of July, 1976, City and School District entered into a Lease by which the City would lease one acre of land owned by the School District for a period of fifty (50) years for the purpose of the construction of a swimming pool on the land for the joint usage of City and School District. B. On October 25, 1977, City and School District entered into a Swimming Pool Operations Agreement that was to commence on the date of the start of construction of the swimming pool and terminate fifty(50) years thereafter. C. Since the date of those agreements, the parties have entered into informal arrangements regarding the maintenance and repair of the swimming pool. D. As a result of the age of the facility, capital improvements are required at this time, and additional improvements are anticipated in the future. E. This Cooperative Agreement between these entities is authorized by law, and for the mutual benefits and obligations set forth in this Agreement. F. The Swimming Pool Operations Agreement dated October 25, 1977, is hereby terminated and a new Swimming Pool Operations Agreement is hereby entered into by the parties as follows: SECTION ONE. GENERAL PROVISIONS City and School District will continue to jointly operate for the mutual benefit a swimming pool located upon the property that is being leased by the City from the School District, all as provided in this agreement. SECTION TWO. APPORTIONMENT OF USE The School District and the City agree that there shall be a common use of the facility subject to the following schedule: A. From and after the first official day of classes as prescribed by the School District's calendar the School District will have the sole use of the facility between the hours of 8:00 a.m. and 5:00 p.m. each day, Monday through Friday of each week. The City will have the sole use of the facility prior to 8:00 a.m. and between the hours of 5:00 p.m. until 10:00 p.m. Monday through Friday and on Saturdays, Sundays, school holidays and other days when school is not in session. B. From and after the last official day of school as prescribed by the School District's calendar, the City shall have the sole use of the facility. C. Either the City or the School District may utilize the time apportioned to the other party provided that the other party consents thereto. SECTION THREE. OPERATIONAL MANAGEMENT The parties agree that they shall be bound by the following terms as to the operational management of the facility: A. The operational expenses excluding capital improvements will be shared by the City and School District based upon the total number of hours used by each party during each year. These costs will include chemicals, supplies, and ordinary repairs to the facility, including ordinary repairs to the cover (commonly referred to as the "bubble"). The expenses incurred by the parties and the use are to be audited annually, and the operational assessment is to be made at the conclusion of each year. The assessment to each party shall be no less than 40% of the total costs in any year. B. The utility costs will be pro-rated on a monthly basis based upon hourly use per month. C. Each party shall be responsible for the cost of providing life guards, swimming instructors, and other such personnel at their own costs. Such costs shall not be apportioned as an operational expense. D. The School District shall be responsible for the installation and removal of the swimming pool cover at the beginning and end of each school year at the School District's expense. The School District shall also be responsible for the regular maintenance and repair of the pool heating system and pool cover air structure heating and air inflation system. The cost of these repairs, maintenance and installation shall be included as operational expenses as described above. E. The costs associated with the Pool Manager shall be borne solely by the City and shall not be apportioned as an operational cost. SECTION FOUR. CAPITAL COSTS All major capital improvements (over $100,000) from and after the date of this Agreement, with the exception of those improvements that are to be made as a result of the City's Parks and Stormwater Sales Tax funding passed by City vote on April 8, 2008, shall be initiated by a Joint Committee (3 members appointed by the School Superintendent and 3 members appointed by the City Manager) who will study the alternatives and make recommendations to the governing bodies of the City and School District. All subsequent major capital improvements shall include specific provisions regarding the proration of costs between the City and the School District and only those improvements and proration of costs that are approved by both respective bodies of the School District and City will move forward. As to the capital costs that are to be incurred in association with the City's Parks and Stormwater Sales Tax funding, the School District shall contribute equal amounts each of the next 5 years after the date of this agreement to total 50% of the costs associated with the purchase and initial installation of the new cover and the air inflation system and the cost of the needed modifications to install the system. This total is $429,529.65, as per the attached documentation of the actual costs to the city, copy attached as attachment A. This makes the total amount owed by the School District $214,764.82 and the amount of each of the 5 payments $42,952.96. The first payment due to the city is on July 1, 2011 and each successive July I" for the next four years with the final fifth payment due on July 1, 2015. The City shall be responsible for all of the remaining capital improvements related to the City's Parks and Stormwater Sales Tax funding, including the bathhouse and facility renovation. SECTION FIVE. BUDGET The City shall submit a copy of each year's proposed budget for the facility's operational budget to the Superintendent of Schools. The budget shall also show any anticipated minor facility improvements (more than $5,000 but less than $100,000) as well as current income and expenditures. The School District will be able to give any input to the City prior to the Council adopting the final budget. The Council shall hold a public hearing prior to adopting the budget each fiscal year. The budget will be adopted in open session at least two council meetings prior to the beginning of the new fiscal year which begins July 1 st of each year. SECTION SIX. FINANCES A report of the actual expenditures compared to the approved budgets will be published each year and given to the Superintendent of Schools and the City Manager to be shared with the Board of Education and City Council during a regular meeting of those governing bodies. SECTION SEVEN. TERMINATION This Agreement shall be in full force and effect for the term of twenty (20) years from the date of this agreement and subsequently for like periods of five (5) years until terminated by written notice from either party to the other party at least 180 days prior to the expiration of any such period. SECTION EIGHT. DISPOSITION OF PROPERTY ON TERMINATION As soon as practicable after termination of this agreement, the governing bodies of the parties shall dispose of all property acquired under the agreement, including surplus funds, in any manner on which they shall then agree. SECTION NINE. AMENDMENTS .This agreement may be amended at any time by following the procedure used for the adoption of the agreement. The parties have executed this agreement at Cape Girardeau, Missouri, the day and year first above written. City of Cape Girardeau, Missouri Scott A. Meyer, City Manager ATTEST: Gayle L. Conrad, City Clerk Cape Girardeau School District No. 63 --14nmt�� "� "'Joj.� Jam s L. Welker, Superintendent ATTEST: Beth Poyner, Board Secretary