Columbus, Georgia

Agenda Item#__________



Columbus Consolidated Government

Council Meeting



Agenda Report#_____________



To: Mayor and Council



Subject: Intergovernmental Contract and Joint Use Agreement of a city

constructed football field at Midland Middle School



Initiated By: Parks and Recreation Department

________________________________________________________________________



Recommendation: Authorize the City Manager to execute an Intergovernmental

Contract and Joint Use Agreement with the Muscogee County School District for

Joint use of a city constructed football field at Midland Middle School.

Located at 6990 Warm Springs Road.



Background: The 1993 Sales Tax authorized funding for a football field as part

of the Williams Road Supercenter. Due to issues with the terrain and discovery

of rock on the site, it was deemed more practical and cost effective to

construct the football field at Midland Middle School where a football field is

needed. This would allow joint usage of the football field between Parks and

Recreation little league football and Midland Middle School football.



Analysis: An Agreement is attached to the Intergovernmental Contract laying out

all terms and agreements as follows: the City of Columbus shall re-construct

the football field at the Midland Middle School Site; the field shall be

available for school use until 6:30 pm daily, and to the City after 6:30 pm

unless Midland School has a scheduled game; on game days, the field shall be

available to the City of Columbus at 7:00 pm. The three practice fields shall

be available for school use until 5:30 pm and to the City after 5:30 pm Monday

? Friday and the weekends; the field shall be cut by the Parks and Recreation

Department on a regular basis; and the concession area shall be used jointlyby

the City of Columbus and the Muscogee County School District.



Financial Considerations: An Agreement is attached to the Intergovernmental

Contract laying out the terms and financial considerations for both the City

and the Muscogee County School District as follows: the Muscogee County School

District shall donate approximately six acres of prime open space at Midland

School at no cost for joint use and development by the City of Columbus. The

Muscogee County School District shall allow the common parking lot areas to be

utilized as needed by City of Columbus activities. All routine cleaning, trash

removal, and other tasks usually associated with the maintenance of general use

physical education facilities shall be performed by the Muscogee County School

District. The City of Columbus shall reconstruct the football field at the

Middle School site at an estimated cost of $75,000; the City shall develop the

area between schools as a practice area at an estimated cost of $150,000; the

field shall be cut by the Parks and Recreation Department on a regular basis at

an estimated annual cost of $3000.00; the City shall place portable bleachers

on both sides of the field from August 1st until December 1st and shall then

remove them at an estimated annual cost of $1500.00; the City shall construct a

permanent fence between the bleachers and the field at an estimated cost of

$20,000; the City shall place a permanent announcer?s booth in front of the

concession stand at an estimated cost of $1000.00; the City shall light the

field at Midland Middle School and the practice area at an estimated cost of

$185,000; the City shall construct a concession building at an estimated cost

of $85,000; the City shall complete concrete flat rock at an estimated cost of

$25,000; and the City shall landscape outside of the football field area at an

estimated cost of $40,000.



Legal Considerations : The Muscogee County School Disrict and Columbus,

Georgia are each entitled to certain immunities and defenses under the laws of

the State of Georgia against or as to claims made by individuals experiencing

injuries to their person or property while on the Midland Middle School Site

for activities, uses, and events covered in this Agreement. Notwithstanding

these immunities and defenses, the Muscogee County School District shall be

responsible for the defense against any such claims or judgments arising out

of School District Programs and activities on the Midland School Site.

Likewise, the City of Columbus shall be responsible for the defense of any

claims or judgments arising out of City of Columbus programs and activities on

the Midland School Site. Either party to this Agreement may terminate this

Agreement upon the giving of 120 days advance written notice to the other party.



Recommendation: Approve the resolution authorizing execution of the

Intergovernmental Contract between the City of Columbus and the Muscogee County

School District.



















RESOLUTION



#_____________



A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERGOVERNMENTAL

CONTRACT WITH THE MUSCOGEE COUNTY SCHOOL DISTRICT FOR THE JOINT USE OF THE

MIDLAND SCHOOL FOOTBALL FIELD.



WHEREAS, The Muscogee County School District desires to enter into a five (5)

year Intergovernmental Contract to share joint usage of the football field

located at Midland Middle School at 6990 Warm Springs Road, Columbus, Georgia;

and



WHEREAS, With the signing of this agreement the City will have use of an

additional football field for the citizens of Muscogee County; and



WHEREAS, An Agreement of terms and conditions is attached to said

Intergovernmental Contract outlining all responsibilities for the City and the

Muscogee County School District; and



WHEREAS, both parties are in agreement with this Intergovernmental Contract and

attached Agreement.



NOW, THEREFORE, THE COUNCIL OF COLUMBUS, GEORGIA, HEREBY RESOLVES AS FOLLOWS:



That the City Manager is hereby authorized to execute an Intergovernmental

Contract entered into between the City of Columbus and the Muscogee County

School District.

-

Introduced at a regular meeting of the Council of Columbus, Georgia, held the

__________ day of ____________________, 2002, and adopted at said meeting by

the affirmative vote of _______ members of said Council.



Councilor Allen voting _______________

Councilor Henderson voting _______________

Councilor Hunter voting _______________

Councilor McDaniel voting _______________

Councilor Poydasheff voting _______________

Councilor Rodgers voting _______________

Councilor Smith voting _______________

Councilor Suber voting _______________

Councilor Turner Pugh voting _______________

Councilor Woodson voting _______________



_____________________________ ___________________________

Clerk of Council, Tiny Washington Mayor Bobby Peters

















MUSCOGEE COUNTY SCHOOL DISTRICT





Parks & Recreation/Muscogee County School District

Partnership Agreement on the Midland Middle School site





THIS AGREEMENT is entered into this day of , 2002

between the City of Columbus, Georgia and the Muscogee County School District

and the agreement shall be in effect for a term of 5 years. Either party to

this agreement may terminate this agreement upon the giving of 120 days advance

written notice to the other party. This agreement is for the joint use of the

football field located at 6990 Warm Springs Road adjacent to Midland Middle

School. The City of Columbus will re-construct the football field at the

Midland School site. The field will include lights and a concession building

with restrooms. Also, the area between the schools will be developed as

practice area which will include lights.



Field



The field shall be available to the City at 6:30 p.m. unless Midland Middle

School has a scheduled game. On game days, the field shall be available to the

City of Columbus at 7:00 p.m. The field will be cut by the Recreation

Department on a regular basis. The three practice fields will be available to

the city at 5:00 p.m. Monday ? Friday and 8 am to 8 pm on the weekends.



II. Concession Stand



? The City will construct a concession building adjacent to the football field

with restrooms as part of the building.

? The concession area shall be shared by the City of Columbus and Muscogee

County School District.

? From August 1 through December 15, City of Columbus concessions equipment and

products shall remain in the building. On days when Midland has a game,

Northeast Youth Football program equipment shall be locked up in the

cabinets. Midland shall have access to the concession stand until 6:30 p.m.

The City shall be responsible for opening and closing the concession stand for

Midland on those days in which they have a game scheduled at the Midland

football field. No school equipment shall be stored in the concession area

from August 1st through December 15.

? ? City shall remove their equipment from the concession area by December 15.

At this time Midland shall be given a key to the concession stand and assume

full control of the concession area until the next July 31.

? The storage area shall be used by Northeast Youth Football exclusively with

permission of the City of Columbus.

? No equipment shall be stored in the Mechanical Room.



? The score panel shall be housed in the concession stand from August 1 through

December 15. The scoreboard, clock, and announcer?s booth shall be available to

Midland Middle School on game days.

? There shall be no games scheduled on the P.T.A. meeting days which is the 1st

Tuesday of each month for the Midland Academy.

? There shall be no smoking on the school site at any time.



III. Bleachers



To separate the home and visiting teams during football games, the City of

Columbus shall place portable bleachers. The City of Columbus shall place

portable bleachers from August 1st until December 15th on both sides of the

Football Field. After the season, City will remove the bleachers.



IV Fence



A permanent fence shall be constructed by the Parks and Recreation Department

around the football field to provide security for spectators and players.



V. Announcer?s Booth



A permanent announcer?s booth shall be placed in front of the concession stand

by the City of Columbus. The scoreboard panel shall remain in the concession

stand during the football season.



VI. Lights



The City shall light the field at Midland Middle School and the practice area.



VII. Keys/Cabinets



The keys to the cabinet, concession, and the storage area shall be in the

possession of the City of Columbus. The keys to the restrooms shall be given

to both parties: Muscogee County School District and the City of Columbus.

? The shelves in the concession area shall be enclosed at the city?s expense.

The locks shall be furnished by City of Columbus.

? The keys to the concession area and the storage area shall be different.

? The bathrooms shall be re-keyed so that a crew from the City will have access

for sanitary purposes. Midland Middle School shall have access to the

bathrooms year round. The bathrooms shall be locked during the day and not

available to the general public.









VIII. Middle School Use



If any school other than Midland Middle School wishes to use the concession

stand, Midland Middle School must consent to such use and such use shall be

coordinated through Midland Middle School. The points of contact shall be the

principal or athletic director. The city shall not be responsible for providing

any other school with a key.



IX. The Muscogee County School District and Columbus, Georgia are each entitled

to certain immunities and defenses under the laws of the State of Georgia

against or as to claims made by individuals experiencing injury to their person

or property while on the Midland Middle School Site for activities, uses, and

events covered in this Agreement. This Agreement recognizes and reaffirms

these immunities and defenses. Notwithstanding these immunities and defenses,

the Muscogee County School District shall be responsible for the defense

against any such claims arising and any judgments or verdicts, if any, arising

from or occurring during any programs or activities conducted on the Midland

Middle School Site which are School District programs or activities. Likewise,

Columbus, Georgia will be responsible for the defense of any such claims and

judgments or verdicts, if any, arising from or occuring during any programs or

activities conducted on the Site which are Columbus, Georgia programs or

activities.



This contract is intended to be a formal agreement between the City of Columbus

and the Muscogee County School District. Any amendment to this Agreement must

be in writing and shall require the consent of the City Manager and the

Assistant Superintendent for Business Affairs.





________________

Carmen J. Cavezza Date

City Manager





________________

Myles B. Caggins, Jr. Date

Assistant Superintendent for Business Affairs





































INTERGOVERNMENTAL CONTRACT



AS AUTHORIZED BY A JOINT RESOLUTION OF COLUMBUS, GEORGIA AND THE MUSCOGEE

COUNTY SCHOOL DISTRICT RELATING TO THE CONSTRUCTION OF FACILITIES AT AND JOINT

USE OF MIDLAND MIDDLE SCHOOL FOOTBALL FIELD AT 6990 WARM SPRINGS ROAD AND FOR

OTHER PURPOSES.





Columbus, Georgia (?Columbus?) a consolidated city-county government,

with powers and jurisdiction throughout the territorial limits of Muscogee

County, and the Muscogee County School District (?School District?) an

independent political subdivision of the State of Georgia, with the

responsibility of providing public education within the boundaries of Muscogee

County School District, do each pursuant to and in accordance with the

Intergovernmental Contracts Clause as set out in and permitted by Article IX,

Section III, Paragraph I of the Constitution of the State of Georgia of 1983,

enter into the foregoing Intergovernmental Contract which is herein and hereby

authorized by joint Resolution of Columbus and Muscogee County School District.

1.

The School District provides an educational setting for students at

Midland Middle School, 6990 Warm Springs Road, Columbus, Georgia. On the

grounds of Midland Middle School, there is a football field, the use of which

Columbus and the School District wish to share, realizing the benefits to both

that would result therefrom.

2.

The joint use of the football field is as shown on the document

attached hereto as Exhibit A ?Columbus, Georgia ? Muscogee County School

District Parks and Recreation/Muscogee County School District Partnership

Agreement on the Midland Middle School Site?, approved and adopted by Columbus

and the School District through this Intergovernmental Contract.

3.

The Partnership Agreement (Exhibit A) will be executed by the City

Manager on behalf of Columbus and by the Assistant Superintendent of Business

Affairs for the School District.

So Agreed, this the _____ day of __________________, 2002.

COLUMBUS, GEORGIA

BY:___________________________________

City Manager

Attest:__________________________________

Clerk of Council



MUSCOGEE COUNTY SCHOOL DISTRICT

BY:___________________________________

Chairperson



Attest:__________________________________

Secretary



Introduced at a regular meeting of the Council of Columbus, Georgia,

held on the _____ day of ______, 2002 and adopted at said meeting by

affirmative vote of ______ members of said Council.



Councilor Allen voting __________

Councilor Henderson voting __________

Councilor Hunter voting __________

Councilor McDaniel voting __________

Councilor Poydasheff voting __________

Councilor Rodgers voting __________

Councilor Smith voting __________

Councilor Suber voting __________

Councilor Turner voting __________

Councilor Woodson voting __________



_______________________________ ______________________________

Tiny B. Washington, Clerk of Council Bobby G. Peters, Mayor









Adopted in open meeting of the Board of Education of the Muscogee

County School District held on the _____ day of _______________, 2002.



MUSCOGEE COUNTY SCHOOL DISTRICT



BY:__________________________________

Chairperson



Attest:________________________________

Secretary





Board Member Polleys voting __________



Board Member Walker voting __________



Board Member Ebron voting __________



Board Member Parker voting __________



Board Member Pierce voting __________



Board Member Schley voting __________



Board Member Storey voting __________



Board Member Wells voting __________



Board Member Whiteside voting __________









CLERK?S CERTIFICATE



I, the undersigned Clerk of Council of Columbus, Georgia, keeper of the

records and seal thereof, hereby certify that the foregoing is a true and

correct copy of Resolution No.______ approved and adopted by majority vote of

said Council in a public meeting assembled on ________________________, the

original of which resolution has been entered in the official records of said

political subdivision under my supervision and is in my official possession,

custody and control.

I further certify that said meeting was held in conformity with the

requirements of Title 50, Chapter 14 of the Official Code of Georgia Annotated.



______________________________

Clerk



(SEAL)