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Home My WebLink AboutJEFF PARTS AUTHORITY AND GCCS NACHAND RESOLUTION NO. 2018-R- 3 JEFFERSONVILLE PARKS AUTHORITY STATE OF INDIANA A RESOLUTION APPROVING AGREEMENT BETWEEN THE JEFFERSONVILLE PARKS AUTHORITY AND THE BOARD OF SCHOOL TRUSTEES FOR THE GREATER CLARK COUNTY SCHOOL CORPORATION CONCERNING JOHN H. SCHNATTER-NACHAND FIELDHOUSE WHEREAS, the Jeffersonville Parks Authority ("JPA") owns the John H. Schnatter-Nachand Fieldhouse located at 605 East Court Avenue in Jeffersonville, Indiana, which is commonly known as the Schnatter-Nachand Fieldhouse ("Fieldhouse"); and WHEREAS, the JPA desires that the Fieldhouse remain a facility that is for the use of the public and specifically, for parks and recreation; and WHEREAS, the JPA acknowledges Greater Clark County School Corporation ("GCCS") may construct a new elementary school at the corner of Court Avenue and Meigs Avenue; and WHEREAS, the JPA is interested in enhancing the utilization of the Fieldhouse and believes the use of the Fieldhouse as the gymnasium for the school is of utility and benefit and in the best interest of the City of Jeffersonville; and WHEREAS, the JPA recognizes that the Fieldhouse shall remain owned by the JPA and continue to operate and maintain parks programming and staffing at the facility; and WHEREAS, the JPA and the GCCS have negotiated an agreement to allow the Fieldhouse to serve as the gymnasium for the school without substantially impairing the JPA's ability to continue to offer parks programming and staffing at the facility; and THEREFORE, BE IT RESOLVED, by the JPA that the attached agreement ("Attachment A") is hereby approved; and IT IS FURTHER RESOLVED, by the JPA that its President is hereby authorized to execute the agreement. SO RESOLVED this 1/4..) day February, 2018. Bill Burns, President Attest: Secretary ATTACHMENT A AGREEMENT BETWEEN THE JEFFERSONVILLE PARKS AUTHORITY AND THE BOARD OF SCHOOL TRUSTEES FOR THE GREATER CLARK COUNTY SCHOOL CORPORATION THIS AGREEMENT is entered into by and between the Jeffersonville Parks Authority ("JPA"); and, the Greater Clark County School Corporation ("GCCS"), through its Board of School Trustees. 1. PUBLIC ENTITIES. Greater Clark County Schools ("GCCS") is an entity established under IC 20-23-4; and, the Jeffersonville Parks Authority ("JPA"), is an entity established under IC 36-10-5-2 and maintains and operates the John H. Schnatter-Nachand Fieldhouse ("Fieldhouse) under IC 36-10-5. Each of these entities has the legal ability and authority to enter into an Inter-Local Agreement of this type. 2. PURPOSE OF AGREEMENT. The GCCS, a public school corporation in the State of Indiana, is an entity whose principal function includes the provision of educational and other programs designed to prepare our community's youth for participation in a competitive and global economy. The GCCS intends to construct and operate a new elementary school ("School") at the corner of Court Avenue and Meigs Avenue. The JPA owns the Fieldhouse located at 601 East Court Avenue in Jeffersonville, Indiana. The JPA and the GCCS are interested in enhancing the utilization of the Fieldhouse and believe the use of the Fieldhouse as the gymnasium by GCCS for the school is of utility and benefit and is in the best interest of the City of Jeffersonville. The JPA and the City recognize that JPA will maintain ownership of the Fieldhouse and continue to operate and maintain parks programming and staffing at the facility. The JPA acknowledges the importance of maximizing the utilization of the Fieldhouse for both parks and non-parks events. The GCCS acknowledges JPA is desirous of assisting GCCS by allowing the Fieldhouse to serve as an integral part of the school. 3. IDENTIFICATION. The Fieldhouse is more fully described in the attached Exhibit 1. 4. THIS AGREEMENT PROVIDES. a) That the JPA shall allow GCCS to use the Fieldhouse as the gymnasium for the school; and, b) That the GCCS shall use the Fieldhouse as the gymnasium for the school subject to the conditions set forth herein; and, c) That the JPA shall use the Fieldhouse for parks programming and events subject to the conditions set forth herein; and, Page 1 of 5 d) That the GCCS shall have use of the Fieldhouse during the school year Monday through Friday between 8 a.m. —4 p.m.; and, e) That the JPA shall have use of the Fieldhouse during all other times during the school year; and, f) That JPA shall have use of the Fieldhouse during all times during the non-school year; and, g) The JPA and the GCCS shall reasonably cooperate to allow the other to use the Fieldhouse during times not designated herein; and h) The JPA gives the GCCS permission to connect or attach the school to the Fieldhouse subject to design approval by the JPA; and i) Each party shall maintain premises liability insurance on the Fieldhouse with the other named as additional insured; and j) This Agreement shall be null and void in the event the school is not constructed within thirty-six (36) months from date of execution. This purpose has been established for the benefit of the School Corporation's students, faculty, employees, administrators, general public and citizens of Jeffersonville. For purposes of this Agreement, the school year shall be defined by the annual school calendar adopted by the GCCS. 5. DURATION. This Inter-Local Agreement shall remain in effect for an initial twenty-five (25) year term and shall be automatically renewed for another twenty-five (25) year term unless either party notifies the other in writing at least 180 days prior to the expiration of the initial term. Further, this Agreement shall survive changes in administration or authority members of said entities. 6. MANNER OF FINANCING, STAFFING AND SUPPLYING THE JOINT UNDERTAKING AND OF ESTABLISHING AND MAINTAINING A BUDGET THEREFORE. a) Manner of Financing: The JPA shall be responsible for the operating expenses of the Fieldhouse with the exception of the following: 1) The GCCS shall be responsible for providing on-going and regular janitorial or custodian services for the Fieldhouse during the school year Monday through Friday between 8 a.m. — 4 p.m.. The JPA and the GCCS shall be responsible for their own janitorial or custodian services incurred for any special event it may host at the Fieldhouse. 2) The GCCS shall be responsible for reimbursing the JPA for all utilities, including water and sewer, incurred during the school year. The JPA shall invoice the GCCS on a monthly basis for utility reimbursement at which time the GCCS shall make payment to the JPA within sixty(60) days from invoice. Page 2 of 5 3) The GCCS shall be responsible for costs associated with the general maintenance of the Fieldhouse. 3) The GCCS shall be responsible for costs associated with any capital repairs of the Fieldhouse up to $5,000.00 per calendar year. 4) The JPA and the GCCS shall be equally (50/50) responsible for costs associated with capital repairs of the Fieldhouse in excess of$5,000.00 per calendar year. The JPA shall invoice the GCCS for its share of said costs at which time the GCCS shall make payment to the JPA within sixty (60) days from invoice. 5) Maintenance and/or repairs of the Fieldhouse shall be decided by the JPA. 6) The GCCS shall be responsible for installation, at its costs, of a new HVAC system at the Fieldhouse subject to the specifications set forth by the JPA. 7) The GCCS shall be responsible, at its costs, for making any improvements or modifications to the Fieldhouse that are necessary to serve as the school gymnasium subject to the prior authorization of the JPA. 8) The GCCS shall be allowed to connect or attach the school to the Fieldhouse subject to the approval of the design by the JPA. b) Staffing: The GCCS will provide the necessary staffing for the Fieldhouse to serve as the gymnasium for the school. c) Maintenance of Budget: JPA will maintain records of the budget for the operation and maintenance of the Fieldhouse. d) Supplying the Joint Undertaking: By the GCCS constructing the school and the JPA allowing the use of the Fieldhouse as stated herein, the joint undertaking will be accomplished. 7. ADMINISTRATION. This Agreement shall be administered by Director of Parks for the City of Jeffersonville and the GCCS Superintendent of Schools, or his designee. These individuals shall be authorized to perform all duties, as applicable to their responsibilities, to carry out all functions as are necessary to effectuate the purpose of this Agreement. 8. METHODS THAT MAY BE EMPLOYED IN ACCOMPLISHING THE PARTIAL OR COMPLETE TERMINATION OF THIS AGREEMENT. This Agreement shall continue in its entirety for the duration of the herein, as set out in Item 4, above. 9. ACQUIRING, HOLDING AND DISPOSING OF PROPERTY. Any property to be acquired, held or disposed of related to this property will be JPA property. Any improvements made to the Fieldhouse by the GCCS shall be done by the JPA and shall become the property of the JPA upon the termination of this Agreement. Page 3 of 5 10. PAYMENT SCHEDULE. Payments per the terms of this Agreement shall be made on a semi-annual basis, in January and July each year. 11. APPROVALS. All parties to this Agreement have approved the terms and conditions of said document. a) The Parks Authority for the City of Jeffersonville by Resolution onvA,i r , 2018. b) The Board of School Trustees for Greater Clark County Schools by Resolution on , 2018. 12. FILING. The parties agree that upon final approval of each entity, the Resolutions and this Agreement, known as Attachment A, including Exhibit 1, in each document shall be returned to the Parks Director for the City of Jeffersonville and the JPA will record the Agreement. Recorded copies of the Agreement shall be provided by the Parks Director to the GCCS. Within sixty (60) days of the date the Agreement takes effect, all parties shall file a recorded copy with the county auditor and the State Board of Accounts for audit purposes pursuant to IC 36-1-7-6. IN WITNESS WHEREOF, the parties have affixed their signatures hereto on the dates shown above in Paragraph 11, indicating their respective approvals of this Inter-local Agreement for the benefit of the School Corporation's students, employees, faculty and administrators along with the general public and citizens of Jeffersonville and surrounding communities. JEFFERSONVILLE PARKS AUTHORITY CITY OF JEFFERSONVILLE ..mo. Bill Burns, President Attest: Secretary Prepared by: Leslie D. Merkley, Atty. #19851-10 Corporation Counsel/Director of Legal Affairs City of Jeffersonville 500 Quartermaster Ct., Suite 250 Jeffersonville, IN 47130 (812) 285-6423 Page 4 of 5 Reviewed and Approved by: April Geltmaker, Atty#25809-49 Staff Attorney Greater Clark County Schools 2112 Utica-Sellersburg Rd. Jeffersonville, IN 47130 (812)288-4802 IN WITNESS WHEREOF, the parties have affixed their signatures hereto on the dates shown above in Paragraph 11, indicating their respective approvals of this Inter-local Agreement for the benefit of the School Corporation's students, employees, faculty and administrators along with the general public and citizens of Jeffersonville and surrounding communities. GREATER CLARK COUNTY SCHOOL CORPORATION BOARD OF SCHOOL TRUSTEES Teresa Bottorff-Perkins, President Secretary Prepared by: Leslie D. Merkley, Atty. #19851-10 Corporation Counsel/Director of Legal Affairs City of Jeffersonville 500 Quartermaster Ct., Suite 250 Jeffersonville, IN 47130 (812) 285-6423 Reviewed and Approved by: April Geltmaker, Atty#25809-49 Staff Attorney Greater Clark County Schools 2112 Utica-Sellersburg Rd. Jeffersonville, IN 47130 (812)288-4802 Page 5 of 5