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Good Shepherd Episcopal
Church and Good Shepherd Episcopal
School
Memorandum of Understanding (MOU)
This memorandum is
intended to memorialize the common understandings of Good Shepherd
Episcopal Church and Good Shepherd Preschool and MDO. The Church and
School are two faith communities seeking to share God’s love within the
community and operating within the same physical facilities but with
different day to day activities. This sharing of facilities gives rise
to the possibility of misunderstandings and disputes regarding the daily
operations of the organizations. It is the desire of the Church and
School to preserve their good relationship and minimize the possibility
of disputes by the following agreements:
1.
Joint Committee
The
Church and School shall maintain a committee, named the “Church/School
Relations Committee” for the purposes of serving as the main channel of
communication between the Church and the School. The committee will be
responsible for identifying and resolving issues for which cooperation
is required between Church and School. The committee will also be
responsible for reviewing and updating on an annual basis this agreement
and the shared expenses of the Church and School. This committee shall
be composed of at least four members, two appointed by the Church vestry
and two appointed by the School board. More members may be added as are
necessary to accomplish the committee’s work. This committee shall meet
at least twice per year.
2.
Sharing of Facilities
It
is not the intent of this agreement to create a landlord – tenant
relationship between Church and School. Therefore, the following list
of facilities used by the School is not intended to exclude the Church
from use of the same facility, but to prevent scheduling conflicts by
clarifying when and where the School will be operating. The following
is a list of rooms in the Church’s Mission Center which are used by the
School, with hours of approximately 8 a.m. to 4 p.m.
All
classrooms on the first floor of the Mission Center.
The
School has chapel services in the Nave on Wednesdays and Thursdays from
8:45 to 9:15 a.m.
School students eat lunch in the fellowship hall during the following
times: Monday through Thursday, 11:30 – 12:30.
The
School uses rooms in the older section of the mission center as offices
and supply rooms (rooms 101, 103 and 105). These are the only rooms
which the School uses on an exclusive basis.
The
School maintains a playground area on the grounds of the Church
facility. The School will be responsible for continued maintenance of
the playground equipment. Children attending Church services or
functions are welcome to use the playground equipment.
As
the School operating hours rarely coincide with major Church events or
worship services, parking is sufficient for both School and Church.
However, if either the School or Church plans an event which may result
in a shortage of parking places, the planners will ensure that adequate
overflow parking plans are made to accommodate both Church and School
guests.
The
School shall be responsible for any damages to the above facilities
caused by its employees, volunteers or students, excluding normal wear
and tear. The Church shall likewise be responsible for damages caused
by its employees, parishioners or visitors during the course of a Church
event. When using rooms which are used as classrooms by the School, the
Church shall leave the room in good order so that teachers shall not
have to clean up on their arrival in the morning.
Minor repairs to correct the effect of wear and tear, or to repair minor
damage by an unidentified cause, and which is localized to a particular
room of the facility, shall be paid by the party which is the primary
user of the room. Thus, the School shall correct minor damage in the
mission center classrooms and offices used by the School. The Church
shall make minor repairs in the rest of the Church Facilities.
3.
Sharing of
Expenses
To
the extent that certain expenses paid by the Church benefit the School,
the School will endeavor to cover the expenses attributable to it.
These expenses fall under the general categories of Maintenance,
Utilities, Insurance, and Grounds. A list of these shared expenses is
attached to this memorandum. On an annual basis, the Church/School
Relations Committee shall review these expenses, adding any new expenses
which benefit the School and removing any expenses which no longer apply
or which the School begins paying directly on its own behalf.
Allocating the shared expenses between the Church and School shall be
achieved in the following manner:
Allocated Zones
Zones will be
established to recognize the major portions of the facilities that are
used by the School. The zones are the Mission Center, Nursery/Admin
Building, Parish Hall/Offices, and Parish Grounds. Note that the Church
will assume full allocation for the Sanctuary expense portion of the
allocation.
Square Footage
Within each Zone, the
Church/School Relations Committee will determine the approximate amount
of square footage that the School uses on a regular basis. For example,
within the Mission Center, it may be determined that the School
regularly uses three-fifths of the overall square footage within that
Zone. If that represents one-quarter of the overall Facility space, the
square footage allocation for that Zone would be 3/5x1/4.
Allocated Use
The next calculation
would be to determine the approximate percent of time that the School
uses within each Zone. It is recognized that this time can vary from
week-to-week and month-to-month, so a fair estimate should be used.
This allocated use calculation should be subject to review and
adjustment on an annual basis. This use calculation is a percentage of
overall eligible time used in the Zone by the School. (eligible being
understood as the time typically used in that space during normal
operating hours)
Allocated Percent
The School’s allocated
percent of Shared Expenses is then determined to be an aggregate of
their allocated percent by Zone. Within each Zone, the allocated
percent is a calculation of square footage ratio used per time usage
within that Zone.
Shared Expense:
This is calculated by
adding each Zone allocated percent
Allocation Percent
to obtain one overall
percentage use number.
Shared Expense
A three year running
average of the shared expenses is multiplied by the School’s overall
allocation percentage to arrive at target for the School’s share of the
expenses. At the time of this writing, the School’s monthly payment to
the Church does not meet this target amount. It is understood that the
School shall attempt to raise its annual payments to meet this target
over the next three years.
Calculation Examples:
Square Footage
Factor: Each Zone = (Typical School Use Square
Footage / Overall Square Footage) x (Zone Square Footage / Overall
Parish Facilities Square Footage)
Allocated Use
Factor: Each Zone = Estimated Amount of Time
in School Use / Total Available Time
Allocated Percent:
Each Zone Square Footage Factor x Zone
Allocated Use Factor
Shared Expense Use
Factor: Zone 1% Allocation + Zone 2% Allocation, etc.
Shared Expenses =
Applicable Maintenance + Utilities + Insurance, 3 year running average.
Allocation = Shared
Expense Use Factor x Shared Expense Aggregate
Note that in this initial allocation, it is assumed that all expenses
are spread equally across all zones. Note that this may not be a
correct assumption. It is assumed, however, that the aggregate of
expenses would be roughly the same across all zones. This can be
further refined or validated at some later period. This allocation
shall be reviewed annually by the Church/School Relations Committee.
4.
Major
Maintenance Fund
The
School shall set aside $25,000 into a Major Maintenance Fund. This fund
shall be used for maintenance requirements in excess of $5,000 to areas
of the facility used by the School. The maintenance expense shall be
assessed for repairs in a zone of the facility based on that zone’s
allocation percentage, as approved by the School Board. The
Church/School Relations Committee shall annually evaluate the reserves
in the Major Maintenance Fund to determine if the reserve is
sufficiently capitalized.
5.
Insurance
The
School shall maintain policies for liability and errors and omissions,
and on personal property of the School which is kept in Church
facilities. The Church shall be responsible for carrying property
insurance on the facilities. The Church’s commercial property insurance
shall be a shared expense of the Church and School and allocated as
described above. Any other policies carried by the Church shall be its
sole expense. Both parties will, where practicable, have the other
listed as a named insured on their policies.
6.
Resolving
Disputes
Inherent in any relationship is the possibility of disagreement and
dispute. As the Church and School endeavor to live into their Christian
mission, we will at all times keep sight of the fact that we are all
children of God and treat each other accordingly. It is hoped that this
memorandum will preemptively resolve the potential issues that may exist
between the Church and School. In the event that a dispute regarding
the operations of the Church and School or the interpretation of this
memorandum shall arise, the issue shall first be submitted to the
Church/School Relations Committee. The Church/School Relations
Committee shall attempt to clarify the issues at hand and shall make
recommendations to the Vestry and the School Board. Should this action
fail to resolve the issue, the Rector of Good Shepherd Episcopal Church
shall have final authority to resolve the issue. Under no circumstances
will any issue be submitted to a non-ecclesiastical authority.
7.
Effective
Date
The
Church and School shall endeavor to fulfill the terms of this memorandum
beginning on the date it is approved by the Vestry and School Board.
The Good Shepherd School Board ratified this MOU on March 27, 2008 and
the Good Shepherd Episcopal Church Vestry voted to approve the MOU at a
regularly scheduled Vestry on May 20, 2008.
Note: Due to the bulkiness of the files, the spreadsheets for the
calculations mentioned herein are not attached to this document. They
are available electronically from the Clerk of the Vestry and hard
copies are available from the staff of the church or the school.
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