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HomeMy WebLinkAboutRES2026-057 KPB Swimming Pool AgreementSponsored by: Sorensen CITY OF SEWARD, ALASKA RESOLUTION 2026-057 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO SUPPORT OPERATIONS OF THE KENAI PENINSULA BOROUGH SCHOOL DISTRICT POOL SERVING THE SEWARD COMMUNITY IN THE AMOUNT OF $200,000 ANNUALLY AND APPROPRIATING FUNDS WHEREAS, the City of Seward recognizes the value of maintaining a public swimming pool facility in the community; and WHEREAS, the Kenai Peninsula Borough School District has the operational capacity to manage pool staffing, programming, and day-to-day operations of the facility, including collection of pool revenues and financial reporting, but does not have the fiscal capacity to independently fund pool operations; and WHEREAS, the Kenai Peninsula Borough School District will fund pool operations from July 1, 2026 to December 31, 2026 solely from existing Pool Operations Account balances; and WHEREAS, the City of Seward can provide annual funding in the amount of $200,000 to support continued pool operations and public access to the facility for Seward residents beginning January 1, 2027; and WHEREAS, under the proposed intergovernmental agreement, the Kenai Peninsula Borough will continue to own the swimming pool facility and be responsible for capital maintenance, structural repairs, and mechanical upkeep of the facility; and WHEREAS, this arrangement creates a partnership with the Kenai Peninsula Borough School District and the Kenai Peninsula Borough that allows the City of Seward to fund the pool for the benefit of the community, for the School District to operate the pool, and for the Borough to continue ownership and capital maintenance responsibilities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA: Section 1. The City Council hereby authorizes the City Manager to sign the intergovernmental agreement for Swimming Pool Operations between the City of Seward, the Kenai Peninsula Borough, and the Kenai Peninsula Borough School District. Section 2. Funding in the amount of $200,000 is hereby transferred and appropriated from the General Fund Unassigned Account 01000-0000-3400 to the Contribution to the Community Pool (KPB) Expense account 01000-1180-7815. Section 3. This resolution shall take effect immediately upon adoption. CITY OF SEWARD, ALASKA RESOLUTION 2026-057 Page 2 of 2 APPROVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA THIS 22nd DAY OF JUNE 2026. Sue McClure, Mayor AYES: Calhoon, Barnwell, Crites, Warner, Osenga, Draper, McClure NOES: None ABSENT: None ABSTAIN: None ATTEST: Kris Peck City Clerk City Council Agenda Statement Meeting Date: June 22, 2026 To: City Council Through: Kat Sorensen, City Manager Subject: Resolution 2026-057: Authorizing the City Manager to Support Operations of the Kenai Peninsula Borough School District Pool Serving the Seward Community in the Amount of $200,000 Annually and Appropriating Funds Background and justification: The City of Seward recognizes the substantial value of maintaining a public swimming pool facility in the community. The Kenai Peninsula Borough School District has the operational capacity to manage pool staffing, programming, and day-to-day operations of the facility, including collection of pool revenues and financial reporting, but does not have the fiscal capacity to independently fund pool operations. From July 1, 2026 to December 31, 2026, pool operations will be funded solely from existing Pool Operations Account balances held by the School District. Beginning January 1, 2027, the City of Seward is able to provide annual funding in the amount of $200,000 to support continued pool operations and access to the facility for Seward residents. Under the proposed intergovernmental agreement, the Kenai Peninsula Borough will continue ownership of the swimming pool facility and be responsible for capital maintenance, structural repairs, and mechanical upkeep of the facility. This arrangement creates an intergovernmental partnership with Kenai Peninsula Borough and the Kenai Peninsula Borough School District under which the City of Seward to fund the pool, the School District will operate the pool, and the Borough will continue ownership and capital maintenance responsibilities of the pool. Fiscal Impact: Funding Source: X X ' Fiscal Impact Yes — Amount: $200,000 Budgeted: No General Fund: 01000-1180-7815 Enterprise Fund: Grant: Other: Finance Director Signature: X Yes No N/A City Council Agenda Statement Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: 2.24 Strategic Plan: Other: X Yes Attorney Signature: Not applicable Comments: Administration Recommendation Approve Other: INTERGOVERNMENTAL AGREEMENT FOR SWIMMING POOL OPERATIONS City of Seward, Alaska Kenai Peninsula Borough Kenai Peninsula Borough School District Effective Date: July 1, 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"); 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 the Seward pool; WHEREAS, the City desires to fund pool operations to ensure continued public access for City residents; 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 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. 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 and provide annual financial report to the City within sixty (60) days of the close of the Fiscal Year, and an internal review of monthly reports available for City review upon request. FUNDING The City shall pay KPBSD an Annual Contribution of $200,000 per year (January 1 — December 31), paid by January 1 of each year. The first installment is due January 1, 2027. The Parties acknowledge that operations from July 1, 2026 through December 31, 2026 shall be funded solely from existing Pool Operations Account balances. All revenue from pool operations will be held in the KPBSD's Pool Operations Account annually. If funds in the pool operation's account exceed $75,000, the district will treat these funds as surplus and return them to the City within 60 days of fiscal year end accounting up to the amount of the City contribution of $200,000. Surplus calculations shall exclude restricted grants, donations, gifts, and other funds received for specific purposes. If the Pool Operations account falls below $75,000, 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 The City and the KPBSD pool manager shall cooperatively create and submit a proposed Fee Schedule to the City no later than July 1 each year. If the City does not respond within 60 days, the prior year's Fee Schedule remains in effect. Any mid -year fee changes also require prior written City approval. CITY OBLIGATIONS Not to exceed $200,000 for FY2027 (January 1 — December 31, 2027) The City's Annual Contribution is intended to support operational expenses including, but not limited to: • Pool management and lifeguard staffing; • Employee benefits and payroll costs; • Pool chemicals and water treatment supplies; • Routine pool equipment maintenance and repairs; • Water quality testing and laboratory services; • Program supplies and operational materials; • Training, certifications, and licensing costs; • Custodial services attributable to pool operations; • Utilities attributable to pool operations, including electricity, fuel oil, water, sewer, refuse disposal, telecommunications, and interne services; • Third -party inspections required for operation of the Facility. KPBSD OBLIGATIONS • Keep the Pool utility accounts in KPBSD's name and pay the providers. The City's Annual Contribution is intended to fully reimburse utility costs attributable to pool operations. Utility costs exceeding the Annual Contribution remain the responsibility of KPBSD unless additional funding is approved by the City. • Carry property insurance on the Pool facility as part of its property insurance for the school campus and KPBSD-owned contents, as KPBSD determines appropriate. • Keep all staff certifications current and provide regular training, including lifeguard certification, CPR/AED, first aid, and CPO credentials where applicable • Test pool water daily under the supervision of a CPO, per applicable regulations, and complete any related testing and reporting required by the Alaska Department of Environmental Conservation. • Procure pool chemicals, supplies, and operational consumables for day-to-day operation. • Be responsible for background checks and vetting of all Pool staff consistent with applicable KPBSD policies. • Retain the right to exclude any individual or group from the Premises based on conduct KPBSD reasonably determines to be objectionable or contrary to KPBSD interests. BOROUGH OBLIGATIONS The Borough shall respond to emergency failures affecting operation of the Facility within a reasonable time and shall prioritize repairs necessary to maintain pool operations. The Borough is responsible for capital maintenance, replacement, and repair of the Facility, including but not limited to: • Building structure and envelope; • Roof systems; • Mechanical, electrical, and plumbing systems serving the Facility; • Pool shell and major pool infrastructure; • HVAC systems; • Boilers, pumps, filtration systems, and major equipment replacement; • Code -required capital improvements. SECURITY AND CAMERAS KPBSD shall maintain authority over facility security, surveillance systems, access control, and emergency procedures. OPERATIONS STANDARDS Hours of Operation KPBSD shall operate the Facility year-round, subject to scheduled maintenance closures, emergency closures, staffing availability, and school district closures. The facility shall be open to the public a minimum of twenty-five (25) hours per week for public swim, lap swim, or other community aquatic programs. Minimum public operating hours shall be averaged monthly and exclude emergency closures, scheduled maintenance periods, and recognized holidays. In addition to the minimum public operating hours, the facility shall also be available for: • City of Seward programming at no cost • KPBSD instructional swim programs during the regular school year at a cost to be detailed in the fee schedule. • Community users groups at a cost to be detailed in the fee schedule, and pursuant to approved facility use agreements KPBSD shall maintain and share the facility schedule. Any reduction in regularly scheduled public operating hours exceeding fourteen (14) consecutive days shall be reported to the city. Water Quality and Temperature KPBSD shall operate the Facility in compliance with all applicable federal, state, and local laws, regulations, and standards governing public swimming pools, including applicable Alaska Department of Environmental Conservation (ADEC) requirements. KPBSD shall: • Conduct and document all required water quality testing; • Maintain required chemical levels and water clarity standards; • Submit all required reports to regulatory agencies; • Immediately notify the Borough of any major equipment failures affecting water quality or pool operations. Unless otherwise agreed by the Parties, pool water temperatures shall be maintained as follows: • Main Pool: 80°F to 85°F; • Instructional/Lesson Programs: 82°F to 85°F; • Special aquatic therapy or adaptive programs may require temporary adjustments. Temporary deviations due to equipment failures, maintenance activities, or energy conservation measures shall not constitute a breach of this Agreement. Inspections and Compliance KPBSD shall be responsible for: • Daily operational inspections; • Compliance with ADEC pool regulations; • Required operator certifications; • Staff safety training; • Maintaining records of water quality testing, incidents, and operational inspections. The Borough shall provide reasonable access for inspections, maintenance, and repair activities necessary to preserve the Facility. Facility Closures KPBSD may temporarily close the Facility due to: • Water quality concerns; • Equipment failures; • Staffing shortages; • Health and safety concerns; • Emergency conditions; • Scheduled maintenance activities. KPBSD shall notify the City and Borough as soon as reasonably practical when a closure exceeds forty-eight (48) hours. Annual Maintenance Shutdown KPBSD may schedule up to four weeks annually for preventative maintenance, deep cleaning, inspections, and repairs. 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. ASSIGNMENT No Party may assign this Agreement without the written consent of the other Parties. INTERPRETATION This Agreement was negotiated by the Parties and should be read by the fair intent of its language as a whole, not for or against any Party. Section titles are for reference only. SEVERABILITY If a court finds any part of this Agreement invalid, the rest stays in full effect. JURISDICTION AND CHOICE OF LAW Any lawsuit arising from this Agreement must be filed in the superior court for the Third Judicial District of Alaska at Kenai. Alaska law governs. 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. INSURANCE AND LIABILITY Each Party shall maintain insurance appropriate to its role and shall be responsible for its own acts and omissions. Nothing in this Agreement shall be construed as a waiver of any governmental immunity or liability limitation provided by law. KPBSD is solely responsible for workers' compensation for Facility staff it employs; the Borough is responsible for its own maintenance personnel. INDEMNIFICATION To the extent permitted by law, each Party shall be responsible for claims arising from its own negligent acts, errors, or omissions and those of its officers, employees, and agents. 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. IN WITNESS WHEREOF, the Parties have signed this Agreement as of the dates below. CITY OF SEWARD, ALASKA Signature: City Manager Date: KENAI PENINSULA BOROUGH Signature: Borough Mayor Date: KENAI PENINSULA BOROUGH SCHOOL DISTRICT Signature: Assistant Superintendent Date: