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R2007-126A 2007-10-08 RESOLUTION NO. R2007 -126 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE PEARLAND INDEPENDENT SCHOOL DISTRICT FOR A JOINT USE SWIMMING FACILITY. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain Interlocal Agreement by and between the City of Pearland and the Pearland Independent School District, a copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to eXE!Cute and the City Secretary to attest an Interlocal Agreement with Pearland Independent School District for a joint use swimming facility. PASSED, APPROVED and ADOPTED this the 8th day of October, A.D., 200'7. ~1?E4l TOM REID MAYOR APPROVED AS TO FORM: (J~It.CJIt: DARRIN M. COKER CITY ATTORNEY Exhibit" A" Resolution No. R2007 -126 07 -0070 INTERLOCAL AGREEMENT COUNTY OF BRAZORIA ~ ~ ~ STATE OF TEXAS THIS INTERLOCAL AGREEMENT ("Agreement") is entered into between the Pearl and Independent School District ("District") and the City of Pearland ("City"), each organized and existing under the laws of the State of Texas and acting in a lawful manner through their legal representatives, as follows: I. INTRODUCTION Within Brazoria County and the City, the District and City share several issues of common interest. Cooperation between the City and the District is necessary to serve the best interests of both District and City patrons. Accordingly, the governing bodies of the City and District desire to enter into this Agreement pursuant to the provisions of the Texas Interlocal Cooperation Act, Texas Government Code Chapter 791. The City and District have determined that pursuant to the provisions of this statute, it is in the best interests of all parties to enter into this Agreement to provide for a first- class swimming facility that would serve the needs of both the District and the City. II. DESIGN OF SWIMMING FACILITY The parties will work together to ensure the design of an Aquatic Facility, reflective of the design elements identified in Exhibit" A" attached hereto, that will fit the needs of both parties. Any final design documents are subject to the approval of both the City and the District. The location of the pool will be in Pearland, Texas near the comer of Veterans Drive and Bailey Road. At a minimum, the design of the facility will include the following: 1. an eight lane indoor lap pool of approximately 50 meters, and indoor warm-up pool 2. locker rooms for swimmers 3. two offices - one each for District and City officials 4. a classroom facility 5. at least one unisex bathroom 6. at least one wheelchair ramp in the warm-up pool area to meet the needs of the disabled 7. an electronic timing system for the 50 meter pool III. NAMING RIGHTS AND SIGNAGE The District and City will pursue corporate naming rights on the Aquatic Facility. All funds received from corporate naming rights shall be shared proportionally between the District and City based on each entity's share of construction costs of the Aquatic Facility. The District and City must agree in writing on the corporate sponsor. The District shall be permitted to use its school banners, colors, mascots (of all PISD high schools), and other signs at the Aquatic Facility. The City shall have the right to install any signage the City may deem appropriate for a municipal facility. IV. AQUATIC MANAGER The City will retain the services of a pool manager to manage pool activities, with input from District officials. The Aquatic Manager will be an employee of the City. The City shall pay eighty percent (80%) of the Aquatic Manager's salary and benefits, and the District will pay twenty percent (20%) ofthe Aquatic Manager's salary and benefits. The City shall supervise and evaluate the Aquatic Manager's performance, with input from designated District officials. Any final determination as to whether an Aquatic Manager shall be hired, retained, and/or dismissed is left to the City's discretion. V. OPERATIONAL COSTS OF THE FACILITY The City will pay all operational costs for the Aquatic Facility, including but not limited to chemicals and supplies, electrical costs, natural gas costs, safety equipment, water/sewage costs, maintenance supplies, swimming pool supplies, instructional aid supplies, first aid supplies, custodial care, recreational supplies, HV AC for all buildings, dehumidification and heating for all buildings, mechanical costs, filtration system, timing system, repairs to the building structure, and any outside maintenance contracts for the pool. The District agrees that if its usage exceeds twenty percent (20%) of the total operating hours that the facility is open in a given year, it will pay a prorata percentage of the maintenance cost based on the overage in utilization for that calendar year. The City and District HOUSTON\2108989.1 -2- each agree to pay fifty percent (50%) of the cost of significant maintenance or repairs to the Aquatic Facility that exceed $15,000. Such maintenance or repairs shall include, but not be limited to, the pool, the pool building, the HV AC system, filtration system, swimming pool pump and/or pool heater. VI. OPERATING REVENUE Revenue generated at the Aquatic Facility during City use shall be the property of the City, and revenue generated by the District for swim meets and water polo matches will be the property of the District. All revenue generated by the City from concessions will be the property of the City. All revenue generated by the District for concessions during District swim meets and water polo matches will be the property of the District. Any non-District associations and/or organizations that utilize the Aquatic Facility shall coordinate directly with the City to determine the revenue share for use of the facility. Revenues generated by City-owned vending machines shall be the property of the City. VII. FACILITY SCHEDULING The District shall be allowed a minimum of five (5) swimming meets per year (2 in the fall and 3 in the spring). The District shall also be granted four and one-half (4 ~) hours of pool time per day, Monday through Friday, on a weekly basis during the school year for workouts, with the time split between morning and afternoon sessions. In any event, the District's usage of the Aquatic Facility will not exceed twenty percent (20%) of the time the facility is open to the public in a given calendar year, unless such additional usage is agreed upon in writing by the parties. The City shall coordinate with the District to protect against closures for maintenance and upkeep that may cause the cancellation of a District swimming or water polo competition. The District and the City shall meet annually, on or before June 15th of each year, to schedule use of the Facility for District meets and practices. It is the intention of the District and the City to maximize the use of the Aquatic Facility by the residents of the community. Furthermore, it is agreed the Facility shall be operated, maintained, and programmed by the City during the time that the District is not utilizing the Aquatic Facility. The City shall have the right to utilize the warm-up pool for open swim and/or for lessons during the same time the District HOUST0N\2108989.1 -3- will be conducting swim practice. Open swim and/or lessons by the City will not take place during scheduled District swim meets and/or water polo matches. The rights of the District to use the Aquatic Facility are non-exclusive, however the District shall have the right to priority scheduling of the Aquatic Facility when it is not being used by the City. VIII. LIFEGUARD STAFF The District will be responsible for providing certified lifeguards during all times that the Aquatic Facility is being utilized by the City and/or the District. The cost of the lifeguards will be borne by the City during the City's use, and by the District during the District's use. The District will be billed by the City on a quarterly basis for the cost of the lifeguards. IX. FINANCIAL COMMITMENT The District hereby commits $3.5 million ("District Commitment") for the Aquatic Facility, and the City hereby commits $4.9 million for the Facility. District funds for the project shall be utilized by the City at the beginning stages of the project for design services and for construction of the Aquatic Facility. To accomplish this, within thirty (30) days after the City enters into a contract with a design engineer, District agrees to place the District Commitment into an interest bearing escrow account which shall be used by the City to pay initial expenses to design and construct the Facility. Invoices will be subject to the District by the City on a progress basis as services are certified by the Engineer and/or Architect responsible for the project. Within thirty (30) days of its receipt of a certified invoice, the District hereby agrees that funds, equal to the amount of the certified invoice, shall be released from the escrow account to the City. Any interest earned on the money in escrow shall inure to the benefit of the District. The tentative timeline for construction of the Aquatic Facility is attached to this Agreement as Exhibit "B". Should a mutually agreed-upon Change Order to the contract be required to facilitate the construction of the Aquatic Facility, both parties agree to share equally in the additional cost of the change order. HOUST0N\2108989.1 -4- The District agrees to provide a certificate of insurance naming the City as an additional insured for comprehensive general liability with minimum limits of $1,000,000 for injury or death of anyone person, $1,000,000 for each occurrence, and $1,000,000 for each occurrence of damage to or destruction of property. The City will provide property insurance for the Facility in accordance with the State of Texas requirements. At their discretion, the parties may also purchase umbrella coverage to provide additional coverage. X. STATUS OF THE PROPERTY Prior to the award of a contract for construction of the Aquatic Facility, the District shall convey fee title, for approximately seven acres of land, to the City for construction of the natatorium and recreation center, and associated parking for the Facility. The District will be permitted access to the Facility for school functions at reasonable times as agreed upon by the City and the District on an annual basis. XI. OWNERSHIP OF THE SWIMMING FACILITY AND THE RECREATION CENTER Both parties agree the City is the owner of the Facility, including the recreation center. The City is directly responsible for hiring and directing the contractor and consultants on the project, and shall have the final decision on all issues related to the construction and operation of the facility. However, the District will be kept informed by the City during the development of plcms and specifications, and the construction phase of the project. XII. DETENTION FOR SCHOOL AND NATATORIUM SITE The City agrees to provide and construct offsite detention for the future school site and the natatorium at no cost to the District. The value of the offsite detention is estimated to be $650,000. The City shall be responsible for the maintenance of the detention facility. XIII. TERM This Agreement is for a period of twenty-five (25) years ("Initial Term"), and may be terminated during the Initial Term only upon the mutual written approval of both parties. The HOUST0N\2108989.1 -5- Agreement will automatically renew for an additional fifteen (15) year period after the Initial Term, unless the District provides written notice of non-renewal to the City during the Initial Term. Also, if the City chooses to sell or abandon the Aquatic Facility in the future, the District shall have the right of first refusal to purchase the Facility. The Agreement automatically terminates if either the City or District fails to provide the agreed-upon funding and land for the facility as outlined in Sections IX and X of this Agreement. XIV. MISCELLANEOUS 1. The City and District recogmze and agree that District, in performance of this Agreement, shall act as an independent contractor and shall have control of its own work and the manner in which it is performed. All employees of District shall remain District employees, and shall not be considered agents, employees, or borrowed servants of the City. 2. The City and District recognize and agree that City, in performance of this Agreement, shall act as an independent contractor, and shall have control of its own work and the manner in which it is performed. All employees of City shall remain City employees and shall not be considered agents, employees or borrowed servants of District. 3. The City and District shall comply with all applicable laws, regulations and requirements in performance of their respective obligations under this Agreement. 4. The City and District recognize and agree that nothing herein shall be construed to create any rights in third parties. 5. The rights and obligations of this Agreement shall not be assigned without prior written consent of City and District. 6. In the event the City and District jointly determine that it is in the best interests of both parties, this Agreement may be amended, modified, or supplemented in writing and subsequently signed and dated by City, as acted upon by its City Council, and the District, as acted upon by its Board of Trustees. HOUSTON\2\ 08989.\ -6- 7. This Agreement and all obligations created hereunder shall be performable in Brazoria County, Texas. Texas law shall govern this Agreement for all purposes. Venue for any legal proceedings related to this Agreement and the obligations thereunder shall lie in Brazoria County, Texas. WITNESS OUR HANDS BELOW effective October 1,2007. PEARLAND INDEPENDENT SCHOOL DISTRICT By: d~o1~ President Board of Trustees Date: 11-8~-2.~7 CITY OF PEARLAiJ By: ~cmJ ~ Mayor, Pearland City Council Date: II-It!,. ~PtJ7 HOUSTON\2 108989. \ -7- Exhibit "A" WEIGHT ROOM AEROBICS co NATATORIUM ENTRY f'~A ~E..~ ~ (-~\ ~ Exhibit "B" Project Schedule Natatorium and Recreation Center Project: Approval of Interlocal Agreement: October 2007 Consultant selection and contract award: November - December 2007 Design Development: January 2008 - July 2008 COP/PISD Plan review and approval: August 2008 Advertise for Bid and hold Pre-Bid Meeting September 2008 Award Bid/Contract Negotiations October 2008 Construction November 2008 - July 2010 Tentative Grand Opening: August 2010