HomeMy WebLinkAbout05262026 Laydown draft contract with poolINTERGOVERNMENTAL AGREEMENT FOR SWIMMING POOL OPERATIONS
City of Seward, Alaska
Kenai Peninsula Borough
Kenai Peninsula Borough School District
Effective Date: June 30, 2026
This Intergovernmental Agreement ("Agreement") is entered into as of the Effective Date above,
by and among the City of Seward, Alaska ("City"); the Kenai Peninsula Borough, borough
("Borough"); and the Kenai Peninsula Borough School District ("KPBSD"). Together referred to
herein as the "Parties."
WHEREAS, the Parties recognize the community value of maintaining a public swimming pool
facility (the "Facility") in Seward, Alaska;
WHEREAS, the Borough owns the Facility and is responsible for its capital maintenance;
WHEREAS, KPBSD has the operational capacity to manage pool programming, staffing, and
day-to-day operations, but not the fiscal capacity to fund pools in any of the schools across the
district;
WHEREAS, the City desires to fund pool operations to ensure continued public access for City
residents;
WHEREAS, the Parties intend that Pool Revenue o7set the City's fixed annual contribution,
with any surplus returned to the City.
This Agreement is entered into by and among the City of Seward, Alaska ("City"), the Kenai
Peninsula Borough ("Borough"), and the Kenai Peninsula Borough School District ("KPBSD"),
collectively the "Parties."
PURPOSE
The Parties enter this Agreement to establish a shared framework for operating the public
swimming pool facility in Seward, Alaska. The City will fund operations, KPBSD will manage
staffing and day-to-day operations, and the Borough will maintain the physical Facility.
ROLES AND RESPONSIBILITIES
City of Seward: Provide annual funding as described below; review and approve the Fee
Schedule each year by resolution and any mid-year fee changes before they take effect; and
designate a liaison for this Agreement.
Kenai Peninsula Borough: Own the Facility and be responsible for all capital maintenance,
structural repairs, and mechanical upkeep; coordinate with KPBSD on maintenance scheduling;
and designate a liaison for this Agreement.
CC Work Session Laydown Sorensen 5/26/2026
Kenai Peninsula Borough School District: Hire, supervise, and pay all pool staff; operate the
Facility in compliance with applicable health and safety requirements; collect all Pool Revenue;
maintain separate accounting records for Facility revenues and expenses; submit a proposed Fee
Schedule to the City each year; provide quarterly financial reports to the City and Borough; and
provide an annual accounting within sixty (60) days of the close of each Fiscal Year.
FUNDING
The City shall pay KPBSD an Annual Contribution of $200,000 per year (January 1 – December
31), paid in January of each year. The first installment is due January 1, 2027. Between June
2026 and January 2027, the pool will be operated utilizing revenue in the Pool Operations
Account (710 Account) currently held by KPBSD.
All profit from pool operations will be held in the KPBSD’s 710 account. Annually, if funds in
the 710 account exceeds $25,000, the district will treat these funds as surplus and return them to
the City within 30 days of fiscal year end accounting.
If the 710 account falls below $25,000, the City bears no obligation beyond its fixed contribution
unless all Parties agree otherwise in writing.
The Parties acknowledge that each is legally prohibited from encumbering funds that have not
been duly appropriated. The Parties acknowledge and understand that in the event a Party’s
legislative body fails to appropriate sufficient funds for this agreement, the agreement will
automatically terminate without penalty or further liability no later than when current
appropriations are exhausted.
FEE SCHEDULE
KPBSD shall submit a proposed Fee Schedule to the City no later than July 1 each year. The Fee
Schedule shall not take effect until the City provides written approval via resolution. If the City
does not respond within 30 days, the prior year's Fee Schedule remains in effect. Any mid-year
fee changes also require prior written City approval.
TERM
This Agreement begins June 30, 2026 and expires December 31, 2029. It will automatically
renew for successive one-year terms unless any Party gives written notice of non-renewal at least
90 days before the end of the current term.
TERMINATION
Any Party may terminate this Agreement for convenience with 90 days' written notice. Upon
termination, the City remains responsible for its prorated contribution through the termination
date, and KPBSD shall return any prorated surplus to the City within thirty (30) days of the final
accounting.
INSPECTION AND RETENTION OF RECORDS.
Any Party may inspect, in the manner and at reasonable times it considers appropriate, all of
another Party’s facilities and records having any relevance to this Agreement. Each Party agrees
to retain financial and other records relating to the performance of this Agreement for a period of
six years, or until the resolution of any audit findings, claims or litigation related to the
Agreement.
ENTIRE AGREEMENT
This Agreement, including all appendices and exhibits, constitutes the entire agreement of the
Parties regarding the subject matter of the agreement and supersedes all previous agreements,
proposals, and understandings, whether written or oral, relating to this subject matter.
INSURANCE AND LIABILITY
Each Party shall maintain liability insurance appropriate to its role. Each Party is responsible for
its own acts and omissions. KPBSD is solely responsible for workers' compensation for Facility
staff it employs; the Borough is responsible for its own maintenance personnel. The KPBSD’s
insurance shall be primary, and any insurance maintained by the other Parties is non-
contributory.
SIGNATURES
CITY OF SEWARD, ALASKA
Signature: ________________________________
City Manager
Date: _________________
KENAI PENINSULA BOROUGH
Signature: ________________________________
Borough Mayor
Date: _________________
KENAI PENINSULA BOROUGH SCHOOL DISTRICT
Signature: ________________________________
Superintendent
Date: _________________