[2025-3 Contract School Facilities Agreement Exhibit A.pdf] EXHIBIT A Contract Routing To: Mayor Nicole Dailey Jones, Director of Law Michael R. Gareau, Jr., Director of Finance Carrie Copfer From: Busy yen Date: }\-Qu: QU e: U0. City Sereol (Shorea Facies) CONTRACT AMOUNT: __ BRIEF DESRCIPTION OF WHAT THE CONTRACT IS AND WHAT IT IS FOR: * eel Kach rel | Wet on) \i\au. We Woerkee A Law ‘ba ea nl O-fira) Tw, G00 | \ is Mog be Sic . ___ Finance penn ee sed pen Was Cy) ba to Voenait, ab vil ‘Need 40 Mayor SING ose, Soreal Bosied 6s WAN.) COM Dray QO CRen yoacd Cavimert if Nuded Tren tay Please return to %& Nets. Thank you. Responsible Department/Division (for scanning and retention): If Needed: Ordinance #: 0!’ 7-65?—_ Board of Control Approval Date: AGREEMENT between CITY OF NORTH OLMSTED, OHIO and NORTH OLMSTED CITY SCHOOL DISTRICT for SHARED RECREATIONAL FACILITIES THIS AGREEMENT is made at North Olmsted, Ohio, on this _Ist___ day of January 2025, by and between the City of NORTH OLMSTED, 5200 Dover Center Road, North Olmsted, Ohio 44070 [hereinafter referred to as "CITY"], and the NORTH OLMSTED CITY SCHOOL DISTRICT, 27425 Butternut Ridge Rd., North Olmsted, Ohio 44070 [hereinafter referred to as "SCHOOL DISTRICT"); and WHEREAS, the CITY and SCHOOL DISTRICT have, for many years for the benefit of all North Olmsted citizens, developed cooperative arrangements in order to provide recreational program opportunities for both students and citizens at recreational facilities owned and operated separately by either the CITY or the SCHOOL DISTRICT [hereinafter referred to as the "SHARED FACILITIES"]; and WHEREAS, the parties have memorialized their cooperative arrangements in order to foster greater clarity and communication between the CITY and SCHOOL DISTRICT, to clearly identify the SHARED FACILITIES, and to fully describe the recreational programs to be scheduled [hereinafter referred to as the "PROGRAM SCHEDULE"; and WHEREAS, the City Council, pursuant to Resolution No. 2025- authorized the Mayor to enter into and the Director of Recreation and Public Engagement to administer this Agreement; and WHEREAS, the School Board, pursuant to Resolution No. 2025- , authorized the Superintendent to enter into and Director of Business Services to administer this AGREEMENT; and NOW THEREFORE, the CITY and SCHOOL DISTRICT, each acknowledging the sufficiency of the consideration, agree to this SHARED FACILITIES AGREEMENT as follows: SECTION 1. SHARED FACILITIES. 1.1 The SHARED FACILITIES shall be listed on Exhibit I. 1.2 The SHARED FACILITIES shall, for all purposes, remain the property of the CITY and SCHOOL DISTRICT, respectively, as the case may be, and shall continue to be separately owned and operated by said parties, independently. Nothing herein is intended to convey title or interest from each to the other or otherwise to constitute a leasehold or right of occupancy. Other and/or additional facilities not listed or identified herein shall remain subject to the independent reservation and fee schedules that may be maintained by either Party. Neither party may cancel or suspend access to and use of SHARED FACILITIES due to financial constraints except as provided in Section 2.3 or Section 9. SECTION 2, PROGRAM SCHEDULE. 2.1 The PROGRAM SCHEDULE shall be listed on Exhibit II. 2.2 The PROGRAM SCHEDULE shall be developed jointly by the CITY and the SCHOOL DISTRICT, through their respective representatives. Following its initial development, the PROGRAM SCHEDULE shall be jointly maintained by the parties, and may only be amended as necessary, in accordance with this AGREEMENT as provided by Section 2.4 or Section 6. The parties recognize that substantial compliance with and adherence to the PROGRAM SCHEDULE is required. The approved PROGRAM SCHEDULE shall be published by the Director of Recreation and Public Engagement and Director of Business Services, seasonally, and as necessary to provide sufficient advance notification to recreational users and to maximize efficiency in the use of and/or expense arising from the operation of SHARED FACILITIES. 2.3 Neither the CITY nor the SCHOOL DISTRICT may unilaterally cancel or suspend any recreational event planned by the other and listed on the PROGRAM SCHEDULE, nor may either party deny the other access to a SHARED FACILITIES on the date and time of such scheduled program, except in the event of natural disaster, SCHOOL DISTRICT calamity days (whole or partial), the undertaking of any necessary capital renovation or improvements (although efforts will be made to schedule such renovations to minimize the impact upon the other party), or other operational emergency, such as fire or utility failure. In addition, each party shall, in its sole discretion, determine whether outdoor playing fields can be timely serviced and rendered “playable” for scheduled programs or SHARED FACILITIES must be closed due to inclement weather. Notice of cancellation or suspension as provided for in this section alone shall be communicated to the following: for the CITY Director of Recreation and Public Engagement; for the SCHOOL DISTRICT Director of Business Services. The parties agree that the Director of Recreation and Public Engagement and Director of Business Services shall have sole and exclusive authority, on behalf of the respective parties, to render and communicate decisions with respect to such access. Neither party may cancel or suspend access to and use of SHARED FACILITIES due financial constraints except as provided in Section 9. 2.4 In the event that the CITY or SCHOOL DISTRICT shall identify any Conflict between the PROGRAM SCHEDULE and the anticipated, actual use of SHARED FACILITIES, either party may propose to reschedule, relocate or cancel a scheduled program by advance request as soon as practical, for good cause shown. Said request may be denied in the absence of good cause, due to lack of reasonable advance notification, or failure to exhaust reasonable alternatives to cancellation, as may be determined by the Director of Recreation and Public Engagement and/or Director of Business Services, whereupon the PROGRAM SCHEDULE shall be final as to use of the SHARED FACILITIES. Both parties recognize that various scholastic and recreational activities, including tournament and playoff games and other extracurricular functions, must be scheduled in advance, when the parties are aware of the dates in advance. However, in the event that a scholastic tournament or playoff game arises as a result of seasonal performance (and therefore is not known In advance), such an occurrence shall constitute “good cause” for rescheduling a previously-established recreational activity. Schedule conflicts and good cause for rescheduling, relocation or cancellation as provided for in this section alone shall be communicated to the following: for the CITY Director of Recreation and Public Engagement; for the SCHOOL DISTRICT Director of Business Services. The parties agree that the Director of Recreation and Public Engagement and Director of Business Services shall have sole and exclusive authority, on behalf of the respective parties, to render and communicate decisions with respect to such “good cause” and changes to the PROGRAM SCHEDULE. Neither party may cancel or suspend PROGRAM SCHEDULE or otherwise deny access to and use of SHARED FACILITIES due financial constraints except as provided in Section 9. SECTION 3. CITY RESPONSIBILITIES. 3.1 The CITY shall do the following in a timely manner: 3.1.1 Designate the Director of Recreation and Public Engagement and additional CITY representatives with authority to provide the SCHOOL DISTRICT instructions, receive information, describe the CITY'S policies and make decisions with respect to Exhibited items. 3.1.2 Provide access to SHARED FACILITIES to recreational users pursuant to the PROGRAM SCHEDULE at no cost to SCHOOL DISTRICT (except for pool and ice fees as set forth in Sections 4.1.6 and 5.5, and as attached hereto as Exhibit IV, Schedule of Fees). 3.1.3 Perform regular maintenance of SHARED FACILITIES including but not limited to items on MASTER MAINTENANCE SCHEDULE, attached as Exhibit HI. In scheduling maintenance, where practicable, the CITY will attempt to minimize any negative impact upon the SCHOOL DISTRICT’s proposed use of any SHARED FACILITIES. 3.1.4 Repair, including any necessary replacement, of damage to SCHOOL DISTRICT property, including but not limited to vandalism, caused by any group utilizing such property as a result of a CITY program. 3.1.5 Perform all the tasks and subtasks identified as obligations of the CITY pursuant to this Agreement. Publicize the PROGRAM SCHEDULE to recreational users and provide methods for public participation and comment. 3.1.6 Give prompt written notice to SCHOOL DISTRICT whenever the CITY observes or otherwise becomes aware of any fact or event that affects the performance of this Agreement or that warrants amendment of the Exhibits hereto. 3.1.7 Complete any and all facilities use forms that the SCHOOL DISTRICT may require to be completed prior to use of the facilities. 3.1.8 Ensure that representatives of CITY programs provide adequate supervision of events occurring upon SCHOOL DISTRICT property, including but not limited to providing adult supervision of youth events for the entire length of time that minors are present on-site at SCHOOL DISTRICT property, and ensuring that participants in CITY programs comply with all SCHOOL DISTRICT policies and administrative guidelines, including but not limited to the SCHOOL DISTRICT’s prohibition of weapons and other conduct-related policies and administrative guidelines applicable to visitors and/or those coming upon SCHOOL DISTRICT property. lor each event, CITY shall designate an individual who will serve in a supervisory capacity during use of SCHOOL DISTRICT facilities. Until that individual is present, the SCHOOL DISTRICT may opt not to allow participants access to any SHARED FACILITIES. SECTION 4. SCHOOL DISTRICT RESPONSIBILITIES 4.1 The SCHOOL DISTRICT shall do the following in a timely manner: 4.1.1 Designate the Director of Business Services and additional SCHOOL DISTRICT representatives with authority to provide the CITY with instruction, receive information, describe SCHOOL DISTRICT policies and administrative guidelines and make decisions with respect to Exhibited items. 4.1.2 Provide access to SHARED FACILITIES to recreational users pursuant to the PROGRAM SCHEDULE at no cost to the CITY. 4.1.3 Perform regular maintenance of SHARED FACILITIES including but not limited to items on MASTER MAINTENANCE SCHEDULE, attached as Exhibit III. 4.1.4 Repair, including any necessary replacement, of damage to CITY property, including but not limited to vandalism, caused by any group utilizing such property as a result of a SCHOOL DISTRICT program. 4.1.5 Perform all the tasks and subtasks identified as obligations of the SCHOOL DISTRICT pursuant to this Agreement. Publicize the PROGRAM SCHEDULE to recreational users and provide methods for public participation and comment. 4.1.6 Give prompt written notice to CITY whenever the SCHOOL DISTRICT observes or otherwise becomes aware of any fact or event that affects the performance of this Agreement or that warrants amendment of the Exhibits Hereto. 4.1.7 Complete any and all facilities use forms that the CITY may require to be completed prior to use of the facilities. 4.1.8 Ensure that representatives of SCHOOL DISTRICT programs provide adequate supervision of events occurring upon CITY property, including but not limited to providing adult supervision of youth events for the entire length of time that minors are present on-site at CITY property, and ensuring that participants in SCHOOL DISTRICT programs comply with all CITY policies and administrative guidelines, including but not limited to conduct-related policies and administrative guidelines applicable to visitors and/or those coming upon CITY property. For each event, SCHOOL DISTRICT shall designate an individual who will serve in a supervisory capacity during use of CITY facilities. Until that individual is present, the CITY may opt not to allow participants access to any SHARED FACILITIES. 4.1.9 Pay the CITY invoices for designated pool and ice fees for as specified in Section 5.5, and as attached hereto as Exhibit IV, Schedule of Fees. SECTION 5. AMOUNT AND METHOD OF PAYMENT. 5.1] Neither the CITY nor SCHOOL DISTRICT shall be obligated to pay the other party for general services performed or costs incurred by either party, whether labor or material, or as provided pursuant to the MASTER MAINTENANCE SCHEDULE; both the CITY and SCHOOL DISTRICT shall pay its own costs, both labor and material, associated with access to and operation of SHARED FACILITIES, except as set forth herein and pursuant to Exhibit 1V (Schedule of Fees); in addition, payment may be required pursuant to Section 3.1.4, Section 4.1.4, or upon Termination under Section 9. 5.2 All invoices and purchase orders shall be separated and directed in accordance with independent financing procedures established by the CITY and SCHOOL DISTRICT, respectively. 5.3 The CITY and SCHOOL DISTRICT covenant and agree to pay all persons and corporations, including employees, subcontractors, materialmen, agents, and all others working in active concert with such persons or corporations, who furnish materials or render services in connection with the performance of this Agreement. 5.4 The CITY and SCHOOL DISTRICT agree that the CITY shall charge the SCHOOL DISTRICT standard ice and pool rates, as set forth in Exhibit IV (Schedule of Fees) for specified hockey and aquatic events. These rates shall not increase during the term of this Agreement. Exhibit IV shall be subject to annual adjustment and, if necessary, increase in rates, independent of the automatic annual renewal of this Agreement pursuant to Section 9.1. However, if the City intends to increase those rates, the City shall notify the SCHOOL DISTRICT in writing of the proposed annual increase at least thirty (30) days prior to the termination notice deadline in Section 9.2. The SCHOOL DISTRICT may determine to collect admission fees and the CITY shall permit the SCHOOL DISTRICT to collect admission for all persons entering the Recreation Center for said ice hockey or aquatic events. 5.5 The CITY and SCHOOL DISTRICT agree that the CITY shall may invoice the SCHOOL DISTRICT for pool fees in conjunction with specified competitive swimming events; and that the CITY shall invoice for ice time during specified ice hockey tournament games and for ice time for captain’s practice. The CITY and SCHOOL DISTRICT agree that current, standard rates shall continue to apply and that no additional fees or increase in rates may be invoiced by the CITY without the SCHOOL DISTRICT approval during the term of this Agreement, subject to annual review under Section 5.4. The rates shall be reflected on Exhibit IV, Schedule of Fees, attached hereto. The CITY shall not charge for any additional service, access fee or other item that is not reflected on Exhibit IV, Schedule of Fees. The CITY agrees to accept payment of said invoices from such third parties on behalf of the SCHOOL DISTRICT. Notwithstanding any provision of Section 2, the CITY reserves the unilateral right to suspend and refuse access to any and all SHARED FACILITIES upon SCHOOL DISTRICT failure to pay invoices within ninety (90) days of receipt of the invoice. SECTION 6. CHANGES. 6.1 The CITY or the SCHOOL DISTRICT may, at any time, by written proposal, request changes within the general scope of this Agreement, which may be directed to the North Olmsted Director of Recreation and Public Engagement for discussion between the parties, subject to approval of any amendment by the Council and School Board. 6.2 The Director of Recreation and Public Engagement and the Director of Business Services are hereby authorized to make changes to any and all Exhibited items, as necessary and appropriate, during the term of the Agreement. If changes are proposed and accepted, then amended Exhibits shall be exchanged and publicized by both parties. If changes are proposed and rejected, then the Mayor and the Superintendent shall review the disputed changes and, if necessary, the disputed changes may be reviewed by the Council and School Board. The CITY and SCHOOL DISTRICT hereby commit to adherence to the Exhibited items and shall not unilaterally make changes thereto by, for example, refusing access to SHARED FACILITIES, except as otherwise set forth herein, or failing to perform tasks identified by MASTER MAINTENANCE SCHEDULE. Notwithstanding the submission of any such request for change, both parties shall proceed without delay pursuant to Exhibited items, subject to and pending negotiated acceptance of changes and amendment of Exhibits. 6.3 Except as provided by Section 3.1.4, Section 4.1.4, Section 5.4 or Section 9, neither the CITY nor the SCHOOL DISTRICT shall have any claim against the other party for a payment or allowance of any kind based on any damage, loss or additional expense either party may allege to suffer as a result of any delays or changes to performance of this Agreement and adherence to Exhibited items, whether such delays or changes are caused by the circumstances set forth in the preceding paragraph or by any other circumstances. SECTION 7. DISPUTES. 7.1 All claims, counterclaims and disputes in question between the CITY and the SCHOOL DISTRICT out of or relating to this Agreement or the breach of it will be decided by mediation if the parties hereto mutually agree, or in a court of competent jurisdiction within the State of Ohio, County of Cuyahoga. Direct communication between the Director of Recreation and Public Engagement and the Director of Business Services is required under Section 2 and Section 6 also provides for further communication between the Mayor and Superintendent, subject to legislative review, as necessary. SECTION 8. LABOR RELATIONS. 8.1 The CITY and SCHOOL DISTRICT have separate, independent employees whose work includes, among other things, maintenance and operation of Exhibited items. The CITY and the SCHOOL DISTRICT have no intention, as a consequence of this Agreement, to alter any existing term or condition of their separate, respective employment relations. This Agreement shal! not be interpreted to provide for nor shall either party be authorized to direct, control, or supervise the employees of the other, nor otherwise establish an employment relationship between the CITY and SCHOOL DISTRICT employees or vice versa. SECTION 9. TERM AND TERMINATION OF AGREEMENT. 9.1 This Agreement shall be for a term of one (1) year, commencing on August Ist and terminating on July 31st each year and, unless notice of termination is provided per Section 9.2, Section 9.3, Section 9.4, or Section 9.5, shall be renewed automatically from year to year upon exchange and publication of the mutually agreed-upon annual PROGRAM SCHEDULE and MASTER MAINTENANCE SCHEDULE should both be exchanged to both parties by July Ist of each year. 9,2 It is expressly understood and agreed that either the CITY or SCHOOL DISTRICT may terminate this Agreement at any time by giving one hundred twenty (120) days advance written notice to the other party either personally to the representative of that party who signed this Agreement, or by registered mail, return receipt requested, addressed to the principal office of that party. Upon termination, the parties shall become subject to standard rates and availability for use of recreation facilities without priority. 9.3 In addition to Section 9.2, SCHOOL DISTRICT reserves the unilateral authority to cancel or terminate the Agreement without advance notice If, in the sole and exclusive judgment of the SCHOOL DISTRICT, exigent circumstances arise (including but not limited to the failure of any SCHOOL DISTRICT levy, the reduction or elimination of SCHOOL DISTRICT athletics and/or extracurricular programs, the reduction or elimination of the hockey or swim teams or other financial constraints that require the Board to act to reduce expenses). SCHOOL DISTRICT recognizes that such unilateral cancelation without advance notice will cause financial damages to the CITY, as well as interfere with resident access to shared facilities for scheduled programs; thus, the SCHOOL DISTRICT will make its best efforts to provide as much notice as possible to the CITY to allow the CITY to make alternative arrangements. Because unilateral termination without notice is limited to exigent circumstances, compensation and damages will not typically be appropriate. Nonetheless, the SCHOOL DISTRICT agrees to meet with the CITY to discuss whether compensation is required in the event of unilateral termination without notice.Upon termination, the SCHOOL DISTRICT shall be subject to standard rates and availability for use of all CITY recreation facilities without priority. 10 9.4 In addition to Section 9.2, CITY reserves the unilateral authority to cancel or terminate the Agreement without advance notice if, in the sole and exclusive judgment of the CITY, exigent circumstances arise (including but not limited to the failure of any CITY levy, the reduction or elimination of CITY recreational programs, or other financial constraints that require City Council to act to reduce expenses). CITY recognizes that such unilateral cancelation without advance notice will cause financial damages to the SCHOOL DISTRICT, as well as interfere with access to shared facilities for scheduled programs; thus, the CITY will make its best efforts to provide as much notice as possible to the SCHOOL DISTRICT to allow the SCHOOL DISTRICT to make alternative arrangements. Because unilateral termination without notice is limited to exigent circumstances, compensation and damages will not typically be appropriate. Nonetheless, the CITY agrees to meet with the SCHOOL DISTRICT to discuss whether compensation is required in the event of unilateral termination without notice. Upon termination, the CITY shall be subject to standard rates and availability for use of all SCHOOL DISTRICT facilities without priority. 9.5 Either party may declare an intention to terminate this Agreement, at any time throughout the term, due to breach of terms and conditions herein. If so, written notice of grounds for termination shall be published in writing by the Mayor or the Superintendent, as the case may be, thirty (30) days prior to actual termination of obligations imposed herein. Each party shall, within said thirty day period, have the opportunity to respond to grounds alleged for termination in writing and/or cure violations, if any. Prior to actual termination, the initiating party shall reply and both parties shall, in good faith, make every effort to retain rather than terminate this Agreement. Upon termination, each party shall be subject to standard rates and availability for use of all recreation facilities without priority. SECTION 10. INSURANCE. 10.1 The parties shall each maintain and fully comply with all workers' compensation laws of the State of Ohio and shall maintain private insurance coverage, of such type or designation, and with such policy limitations and amount of coverage, as each may determine, in its discretion, is necessary and sufficient. In the event that such insurance exists or is acquired, then both the CITY and SCHOOL DISTRICT shall: 11 a. Exchange copies of certificates, displaying amount and type of coverage; and b. With respect to SHARED FACILITIES, each party shall name the other as "additional insured" with respect to property owned and shared. 10.2 Certificates of coverage, including those showing either party as "additional insured" shall be exchanged annually or upon renewal of coverage, as applicable, and if canceled or not renewed, then notification shall be sent by the CITY to the SCHOOL District or vice versa at least thirty (30) days prior thereto. SECTION 11. INDEMNIFICATION. 11.1 Neither the CITY nor the SCHOOL DISTRICT agrees to indemnify or hold the other party harmless from or against any and all losses, damages, settlements, costs, charges, or other expenses or liabilities of every kind and character arising out of or relating to any and all claims, liens, demands, obligations, actions, proceedings, or causes of action of every kind and character arising out of the acts, omissions and/or negligence of the other or its employees, subcontractors, materialmen, agents or others acting in concert therewith. However, in the event that insurance coverage is invoked, as to either party as an "additional insured” or otherwise, the primary party to the insurance coverage may provide for defense of the other. ARTICLE 12. MISCELLANEOUS. 12.1 Nothing contained in this Agreement shall be construed as creating any personal liability on the part of any employee or official of the CITY or SCHOOL DISTRICT. 12.2 No assignment by a party hereto of any rights, obligations, or interests in this Agreement shall be permitted without the prior written consent of the other party; and specifically, but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Agreement. 12 12.3 The CITY and SCHOOL DISTRICT each binds itself, its partners, successors, assigns and legal representatives to all of the covenants, agreements and obligations contained in the Agreement. 12.4 If any provision of this Agreement or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this Agreement which can be given effect without the invalid provision or application, and to this end the provisions of this Agreement are severable. In lieu thereof there shall be added a provision as similar in terms to such illegal, invalid and unenforceable provision as may be possible and be legal, valid and enforceable. 12.5 The interpretation, construction and enforcement of the provisions of this Agreement shall be made in strict conformance with the laws of the State of Ohio. 12.6 This Agreement shall be construed to inure to the benefit of, and be binding upon, all of the parties, and their respective successors in interest and assign. ARTICLE 13. DOCUMENTS: PRIORITIES IN SCHEDULE. The Agreement includes Exhibits listed below which are incorporated herein by reference: ]. Shared Facilities. II. Program Schedule. [I]. Master Maintenance Schedule. IV. Schedule of Fees 13 Critical dates and deadlines listed on Exhibited items must be acknowledged in writing. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the day and year, and at the place, above first written. ATTEST: SCHOOL DISTRICT: NORTH OLMSTED CITY SCHOOL DISTRICT By: Superintendent ATTEST: CITY: CITY OF NORTH OLMSTED, OHIO By: Mayor 14 FISCAL OFFICER’S CERTIFICATE I, the Director of Finance of the City of NORTH OLMSTED, Ohio, and the Fiscal Officer of the said City, do hereby certify that the funds required by this contract have been lawfully appropriated for such purpose and is in the treasury, or in the process of collection to the credit of an appropriate fund free from any previous encumbrances and not appropriated for other purpose. Director of Finance City of North Olmsted, Ohio APPROVED TO LEGAL FORM: Director of Law City of North Olmsted, Ohio FISCAL OFFICER'S CERTIFICATE I, the Treasurer of the North Olmsted City School District and the Fiscal Officer of the said School District, do hereby certify that the funds required by this contract have been lawfully appropriated for such purpose and is in the treasury, or in the process of collection to the credit of an appropriate fund free from any previous encumbrances and not appropriated for other purpose. Treasurer APPROVED TO LEGAL FORM: By: General Counsel 15 EXHIBIT I SHARED FACILITIES 1.1 The recreation facilities owned and operated by the CITY to be available for use by the SCHOOL DISTRICT pursuant to the PROGRAM SCHEDULE are as follows: 1.1.1 Recreation Center swimming pools, boards, & locker rooms; 1.1.2 Recreation Center ice rink, studio rink, locker rooms; 1.1.3 Recreation Center tennis courts; (if applicable) 1.1.4 Recreation Center Multipurpose, Concession rooms; 1.1.5 Barton Bradley soccer fields, pavilion; 1.1.6 Community Cabin reception hall; (if available) 1.1.7 North Olmsted Park pavilions; 1.1.8 North Olmsted Park baseball diamonds; 1.1.9 Clague Park baseball diamonds; 1.1.10 Storage facilities for Hockey and Swim (in season only)(if available) 1.1.11 Indoor Field House 1.1.12 Golf course 1.1.13 Ballroom (if available) 1.1.14 Springvale Pavilion 1.2 The recreation facilities owned and operated by the SCHOOL DISTRICT to be available for use by CITY pursuant to the PROGRAM SCHEDULE are as follows: 1.2.1 High School Basketball gymnasium and auxiliary gymnasium 1.2.2 High School tennis courts; 1.2.3 Stadium turf field and track; 1.2.4 High School meeting rooms; 1.2.5 Middle School basketball gymnasium; 1.2.6 Grade School basketball gymnasiums; 1.2.7 Iligh School baseball and softball fields 1.2.8 Main Campus Pavilion/ Outdoor batting cages/practice fields 1.2.9 Storage facility for basketball and volleyball (in season only)(if available) 1.3 The Shared Facilities shall be made available to recreational users and the public in accordance with this Agreement and pursuant to the PROGRAM SCHEDULE. ++ END OF EXHIBIT I++ 17 EXHIBIT II PROGRAM SCHEDULE 2.1 Use of the SHARED FACILITIES shall be in accordance with the following general, seasonal PROGRAM SCHEDULE. Additional, detailed practice and game schedules, including specific time and location, may be separately established by the parties and are incorporated by reference herein. 2.2 School District Program Schedules: 2.2.1 Varsity Hockey; 2.2.2 Varsity Swimming; 2.2.3 JV and Freshman Baseball; 2.2.4 JV and Middle School Softball; 2.2.5 Varsity, JV Golf (girls & boys) 2.2.6 Soccer (girls & boys); 2.2.7 Football 2.2.8 Track and Field 2.3 Recreation Center Program Schedules: 2.3.1 Adult Basketball; 2.3.2 Youth Basketball; 2.3.3 Adult Volleyball; 2.3.4 Youth Volleyball; 2.3.5 Clinics, camps, programs, and classes for basketball, volleyball, misc.; 2.3.6 Tennis 2.3.7 Kindersports ++ END OF EXHIBIT If ++ EXHIBIT I MASTER MAINTENANCE SCHEDULE 3.1 Routine maintenance and operation of SHARED FACILITIES shall be independently determined by the Director of Recreation and Public Engagement and Director of Business Services in order to facilitate the PROGRAM SCHEDULE, including all practice and game schedules incorporated by reference. Nothing herein shall obligate either party to make capital improvement or otherwise perform maintenance or repair work not scheduled or deemed necessary, in the sole and exclusive judgment of each party. In addition, the following critical list and performance deadlines must be followed: 3.1.1 Ice Rink 3.1.2 Swimming pool & diving boards. 3.1.3 Basketball courts. 3.1.4 Tennis courts 3.1.5 Baseball fields/ Softball fields. 3.1.6 City golf course 3.1.7 High School Track and turf field 3.1.8 Barton Bradley soccer fields/ pavilion (A) All baseball diamonds and fields listed as SHARED FACILITIES on Exhibit I, shall be dragged, mowed, and striped by the respective owner of the facility weather permitting. Opposite facilities may be prepared with permission from the other. Weather permitting, said fields shall be regularly mowed. (B) All baseball diamonds listed in Exhibit | shall have toilet facilities, provide through access to buildings or portable facilities, supplied at the expense of the owner of such SHARED FACILITFY. Each party shall routinely maintain and supply said toilet facilities, and make them available when SHARED FACILITIES are in use pursuant to the PROGRAM SCHEDULE. ++ END OF EXHIBIT IT + + 19 EXHIBIT. IV SCHEDULE OF FEES SCHOOL DISTRICT SHALL BE INVOICED AT STANDARD RATES FOR SPECIFIED ICE HOCKEY AND AQUATIC EVENTS AT FOLLOWING RATES: 1. ICE RINK: $210 PER HOUR WITH 2 HOUR FEE ASSESSED FOR EACH GAME 2. ICE RINK RATES SHALL APPLY TO ALL REGULAR AND TOURNAMENT HOCKEY GAMES AND “CAPTAINS PRACTICES”; 3. POOL RATE: $315 for a dual or tri-meet (4 hour time frame) $500 for meets containing 4 or more teams (6 hour time frame) Dry land spots for meets at no additional charge depending on availability. 4. SCHOOL DISTRICT MAY REQUEST CITY TO COPY INVOICES TO HOCKEY AND SWIM PARENT ORGANIZATIONS. ++ END OF EXHIBIT IV ++ 20 --- [2025-3 Contract School Facilities Agreement.pdf] CITY OF NORTH OLMSTED RESOLUTION NO. 2025 - 3 By: Mayor Jones A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A NEW AND REVISED AGREEMENT WITH THE NORTH OLMSTED CITY SCHOOL DISTRICT TO ESTABLISH MUTUAL RIGHTS AND RESPONSIBILITIES FOR THE USE OF PUBLIC FACILITIES AND ASSETS. WHEREAS, the City of North Olmsted and the North Olmsted City School District have, for many years for the benefit of all North Olmsted citizens, developed cooperative arrangements in order to provide recreational program opportunities for both students and citizens at recreational facilities owned and operated separately by either the City or the School District; and WHEREAS, the parties in the year 2012 memorialized in writing and formally adopted their cooperative arrangements in order to foster greater clarity and communication between the City and School District, to clearly identify the Shared Facilities and to fully describe the recreational programs to be scheduled for the benefit of students and residents alike; and WHEREAS, given past and future significant changes to the composition of the School District’s facilities as well as changes to the Recreation Center facility since 2012, the parties have negotiated a new and revised Shared Facilities Agreement; and WHEREAS, this Council desires to authorize the Mayor to enter into a new and revised Agreement with the North Olmsted City School District in order to update and further delineate the mutual rights and responsibilities between the City and the School District as they concern Recreational Facilities for the benefit of all North Olmsted residents. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORTH OLMSTED, COUNTY OF CUYAHOGA, AND STATE OF OHIO: SECTION 1: That the Mayor be and she is hereby authorized to enter into an Agreement with the North Olmsted City School District for Shared Recreational Facilities, a copy of which is attached hereto as Exhibit “A” and incorporated herein by reference, which is in all respects hereby approved. SECTION 2: That this Resolution shall take effect and be in force from and after the earliest period allowed by law upon its passage and approval by the Mayor. 2 PASSED: ________________________ First Reading: _______________ Second Reading: _______________ Third Reading: _______________ Committee: __________________ ATTEST: _____________________________ __________________________ BEATRICE TAYLOR LOUIS J. BROSSARD Clerk of Council President of Council APPROVED: _____________________ APPROVED AS TO LEGAL FORM: _______________________________ /s/ Michael R. Gareau, Jr._________ MAYOR NICOLE DAILEY JONES MICHAEL R. GAREAU, JR. Director of Law