HomeMy WebLinkAboutRES2023-071 AVTEC Facility Use Agreement Sponsored by: Regis
CITY OF SEWARD,ALASKA
RESOLUTION 2023-071
A Resolution Of The City Council Of The City Of Seward, Alaska,
Authorizing the City Manager to Enter into a One Year Facility Use
Agreement Between the City of Seward And the Alaska Vocational Technical
Center for the Use of the Student Services Building for Public Recreation
WHEREAS, the Alaska Vocational Technical Center (AVTEC) Student Services
Center (SSC) facility provides a viable recreation site for the public in a variety of programs
including: roller skating, youth basketball leagues, youth and adult open gym, adult
basketball, wallyball, volleyball and racquetball leagues and programs, weightlifting,
aerobics,rock wall climbing, annual special events, and other special programs; and
WHEREAS, for a number of years the City of Seward and the State of Alaska
Department of Labor and Workforce Development Alaska Vocational Technical Center
(AVTEC) have entered into facility use agreements to best utilize the facility and offer
recreational opportunities to the public; and
WHEREAS,the current operating contract between the City of Seward and AVTEC
expires on June 30, 2023; and
WHEREAS, the term of this contract is July 1, 2023 through June 30, 2024; and
WHEREAS, no appropriation is necessary to fund this contract because funding in
the amount of$80,000 annually was included in the 2023 and 2024 operating budgets; and
WHEREAS, the AVTEC facility provides a valuable space for Seward Parks and
Recreation to offer events to the Seward Community.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEWARD,ALASKA that:
Section 1. The City Manager is authorized to enter a one-year facility use agreement
between the City of Seward and the Alaska Vocational Technical Center (AVTEC) for the
use of the Student Services Center.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska,this 26th day of
June,2023.
CITY OF SEWARD, ALASKA
RESOLUTION 2023-071
THE CITY OF SEWARD, ALASKA
Vu7��CC�,c1�
Sue McClure, Mayor
AYES: Osenga, Finch, Barnwell, DeMoss, Calhoon, Wells, McClure
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
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Kris Peck
City Clerk
(City 5A] 111,,,
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City Council Agenda Statement
Meeting Date: June 26, 2023
To: City Council
From: Norm Regis, Acting City Manager
Subject: Resolution 2023-071 : Authorizing the City Manager to Enter into a one
Year Facility Use Agreement Between the City of Seward And the Alaska
Vocational Technical Center for the Use of the Student Services Building
for Public Recreation
Background and justification:
The Alaska Vocational Technical Center (AVTEC) Student Services Center (SSC) facility provides
a Viable recreation site for the public in a Variety of programs including: roller skating, youth
basketball leagues, youth and adult open gym, adult basketball, wa I lyba I I, volleyball and
racquetball leagues and programs, weightlifting, aerobics, rock wall climbing, annual special
events, and other special programs. This facility is a Valuable asset to Seward Citizens and the
collaboration between AVTEC and the City of Seward Parks and Recreation Department has
allowed ongoing programming to take place in the community. This contract is of a benefit not
only to Seward residents, but also to AVTEC as well.
The current, one-year contract between the City of Seward and AVTEC expires on June 30,
2023. This contract proposal is for a one-year duration of July 1, 2023 through June 30, 2024 at
the amount of $4 1 5 per day. No appropriation of funds is necessary as $80,000 is included in the
2023 and 2024 operating budget for Sports and Recreation.
Comprehensive and Strategic Plan Consistency Information
This legislation is consistent with (citation listed):
Comprehensive Plan: 2.2 Recreation 2.2.7 Community Partnerships 3.6 Recreation
Strategic Plan: Page 3 Recreation and Leisure Page 12 Develop Additional Recreation
Other:
Certification of Funds
Total amount of funds listed in this legislation: $
This legislation (V):
Creates revenue in the amount of: $ 415 per day of use
x Creates expenditure in amount of: $
Creates a savings in the amount of: $
Has no fiscal impact
Funds are (v):
x Budgeted Sports and Recreation Acct. 7017 Rents and Leases,
Line item(s): 01000-1420-7017
Not budgeted
Not applicable
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Fund Balance Information
Affected Fund (✓)
x General SMIC Electric Wastewater
Boat Harbor Parking Water Healthcare
Motor Pool Other
Note: amounts are unaudited
Available Fund Balance $ 6,725,333
Finance Director Signature:
Attorney Review
Yes Attorney
Signature:
x Not applicable Comments:
Administration Recommendation
eAdopt Res.
Other:
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FACILITY USE AGREEMENT BETWEEN
City of Seward Parks and Recreation Department
And
Alaska Department of Labor and Workforce Development
Alaska Vocational Technical Center
1) PURPOSE, DURATION AND RENEWAL: This agreement is between the Alaska
Department of Labor and Workforce Development, Division of the Alaska Vocational Technical
Center, hereinafter referred to as "DOLWD AVTEC" and the City of Seward Parks and
Recreation Department, hereinafter referred to as "SPRD" and outlines the duties and
expectations of the DOLWD AVTEC and the SPRD regarding the use of the recreational areas
and equipment located on the first floor of the AVTEC Student Service Center, hereinafter
called the "facility" (excluding the ceramics room and AVTEC Recreation Specialist office) for
the purposes of the City of Seward parks and recreation program.
This agreement is effective July 1, 2023 for the duration of one (1) year, expiring on June 30,
2024. This timeframe is intended to allow for both parties to notify and get feedback and
approval of changes and renewal from their respective oversight bodies. Should this
agreement expire before terms of renewal are reached, an extension of the existing agreement
will be granted on a month to month basis until renewal terms or cancellation is agreed upon by
the respective oversight authorities.
2) PERMITTED USES AND LIMITATIONS: AVTEC agrees to permit the described use of
the facility/premises under the following terms and conditions:
a) The SPRD is solely responsible for assuring that the facility is not used for any unlawful
purposes or unsafe activity during its use and shall enforce and comply with all DOLWD
AVTEC policies, rules and regulations and any applicable federal, state, or municipal law
including any applicable fire or building codes. SPRD shall always adhere to all minimum
requirements set by the Fire Marshall during the activities or events.
b) DOLWD AVTEC reserves the right to enforce all applicable laws, policies, rules and
regulations. DOLWD AVTEC retains the right to enter any and all premises at any time,
and on any occasion without restrictions whatsoever. SPRD shall stop the event/activity
immediately upon instruction of authorized DOLWD AVTEC personnel and clear the facility
upon the sounding of the fire alarms or at the request of the authorized DOLWD AVTEC
personnel. DOLWD AVTEC retains the right to direct the interruption of any event in the
interest of public safety and to terminate such event when, in the sole judgment of DOLWD
AVTEC administration or their designee such act is in the interest of public safety. SPRD
hereby waives any claims for damages or compensation should the event be so interrupted
or terminated.
c) SPRD shall ensure that no alcoholic beverages, illegal drugs, cannabis products, tobacco
products, or firearms are brought into the facility, premises or any part of the facility,
including parking lots; smoking is permitted in designated areas only, SPRD staff will
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enforce this policy and report repeated abuse to the DOLWD AVTEC Operations Manager
or their designee. Repeat offenders may be restricted from use of the facility.
d) SPRD shall not drive, or permit to be driven, any nails, hooks, tacks, or screws in any part
of the building not covered with cork-like material designed to be resilient and cover up
small holes, nor shall the SPRD make or allow to be made any building alteration of any
kind. It is intended that SPRD is allowed to utilize for posting bulletins and signage,
mounted bulletin boards and areas of the first floor walls which are covered with cork-like
material designed for resilience after being penetrated by tacks or small nails.
e) SPRD shall use only the requested portion of the facility and shall ensure that no other
portion of the facility is used or entered during SPRD scheduled use. Anyone (including
members, guests, or invitees) who enters any areas other than those designated may be
ejected from the premises and SPRD may be held responsible for damages that occur as a
result.
f} All SPRD staff must participate in the Wellness Center orientation during their first month of
employment to ensure they are knowledgeable in the appropriate use of all fitness
equipment and can properly monitor the users. The DOLWD AVTEC staff is available, by
appointment, for staff orientation to the proper care and use of the equipment in the
Wellness Center.
3) AREAS & SCHEDULE of USE: The SPRD will have access to and use of the facility
under this agreement (Between July 1, 2023 and June 30, 2024) on a per-day basis between
the hours of 8:00 AM and 9:00 PM and will submit written schedules of the dates and times for
its use of the facility to the DOLWD Operations Manager or their designee. Submitted
schedules and changes or additions will be accepted and made in consultation with the
DOLWD AVTEC Operations Manager or their designee.
a) Fee for SPRD use of the facility will be $415 per day. Dates for planned usage should be
submitted in writing to the DOLWD AVTEC Operations Manager or their designee at least
30 days prior to the usage for scheduling purposes.
b) Access to other areas may be requested and granted, with or without additional cost, and
depending on availability, in writing to the DOLWD AVTEC Operations Manager or their
designee at least one week in advance.
c) SPRD staff may utilize the SPRD office area as needed for business purposes only at any
time during the entire contract period. This does not include use of or access to
recreational facilities other than when the facility is open to the public through SPRD.
d) The sauna will be available three (3) days per week for four hours each use, split equally
between male and female use times; there is no co-ed sauna.
e) The gym will be available for use by the DOLWD AVTEC Student Activities program, from
6:30 PM —9:00 PM up to two evenings per week between Monday and Thursday beginning
August 12 through June 30; scheduled days to be determined between the DOLWD
AVTEC Student Activities department and the SPRD no less than one (1) week in advance;
SPRD users and DOLWD AVTEC students are all welcome to participate in AVTEC
Student Activities department activities on these days when the facility is open to the public
through SPRD.
f} Individuals who present a valid AVTEC Identification card will be allowed access to the
wellness center, the locker rooms, sauna, racquetball courts, and gymnasium at no charge;
Valid AVTEC I D holders may bring one (1) guest who shall remain with the AVTEC I D
88
holder for the duration of the use of the facility. All I D holders and guests are subject to the
rules and regulations of the SPRD and AVTEC DOLWD. Questions about Validity of
AVTEC I D or other issues regarding AVTEC I D holders or guests can be directed to the
DOLWD AVTEC Operations Manager or their designee for resolution up to and including
restriction to facility use by individuals; SPRD programs, leagues, and classes are not
included in this section.
g) To participate in SPRD programs, leagues and classes, DOLWD AVTEC student ID
holders will be offered the discounted `Early Bird' rate available to all participants; one (1)
team from the DOLWD AVTEC Student Activities program will be eligible for a team fee
waiver for leagues utilizing the Student Service Center facility.
h) `Black Out Dates' are days when the Gymnasium or other parts of the 15t floor of the
Student Services Center will not be available for use.
a. August 10-111 2023 for AVTEC staff In-service
b. August 13-14, 2023 for AVTEC student orientation
c. Evening of August 15, 2024 for AVTEC student housing meeting
d. December 19-20, 2023 for AVTEC student graduation
e. January 7-8, 2024 for AVTEC student orientation
f. Evening of January 9, 2024 for AVTEC student housing meeting
g. Two days in spring, 2024 for AVTEC/Community Career Fair
h. Two days in spring, 2024 for Seward Community Health Fair
i. May 13-14, 2024 for AVTEC student graduation
j. Other yet unscheduled special events which AVTEC will provide notice to SPRD at
least 30 days in advance
4) LARGE EVENTS: Notice of large events (greater than fifty [50] participants, including
spectators) will be provided to the DOLWD AVTEC Operations Manager or their designee not
less than one (1) week in advance. Notice will include the dates), the type of event and
anticipated number of spectators in attendance. Large events of greater than fifty (50) users,
including spectators, will require additional SPRD staff coverage for security and building
monitoring during the event and clean up to remove overflowing garbage cans, general litter,
and refuse pickup during and at the end of the event; If additional DOLWD AVTEC custodial
services are required beyond the normal daily custodial services as a result of a large event,
the SPRD will be charged a rate of$50 per hour with a minimum charge of two hours for the
cleanup.
Spectators will be held to the same uses and limitations as SPRD registered users and subject
to the same consequences of violation including immediate removal from the facility and up to
permanent restriction of access to the facility.
5) PERSONAL PROPERTY: Loss of, or damage to any personal property of the SPRD users,
employees, agents or invitees during scheduled use hours and planned events is the sole
responsibility of the SPRD.
6) EQUIPMENT: The SPRD will provide all equipment needed by SPRD programs; storage
space will be provided by DOLWD AVTEC.
89
All equipment owned by SPRD and DCLWD AVTEC should be in good working condition.
Staff of SPRD are to notify the DCLWD AVTEC Operations Manager or their designee in
writing, of DCLWD AVTEC equipment that needs repair. Lack of timely reporting of broken
equipment may result in additional charges for repairing or replacing any equipment or other
property that is lost, damaged, or otherwise rendered unfit for use. The DCLWD AVTEC
reserves the right to make or contract repair of such damages as it deems appropriate and
negotiate with SPRD the actual costs of parts, materials, and labor and any potential loss of
use of the facility as a result, outside of normal wear and tear.
7) CUSTODIAL & MAINTENANCE: Full custodial services, maintenance and repair of
DCLWD AVTEC equipment and facilities will be provided by DCLWD AVTEC staff for the
duration of this agreement. The facility will be unavailable for one week during the DCLWD
AVTEC winter and summer break for deep cleaning; closure dates to be determined between
the DCLWD AVTEC Operations Manager or their designee and the SPRD staff.
General cleaning and facility monitoring to be completed by the SPRD as follows:
GENERAL CLEANING (SPRD):
a) General cleanup after major events in the facility; DCLWD AVTEC shall provide access to
a custodial closet for general clean up after large events; cleaning supplies and garbage
bags will be stocked in that location. SPRD is intended to pick up garbage left around the
facility and messes/spills, but not perform routine custodial tasks like mopping or sweeping.
b) Clean up hazards such as spills, overflowing trash, and excessive dirt brought into the
building as it occurs during SPRD hours and isolate any area determined unsafe,
contaminated, or too dirty for use as off limits and then notify DCLWD AVTEC Operations
Manager or their designee as soon as possible.
c) Keep bottles of cleaning solution full and clean cloths available for users in the Wellness
Center to clean the equipment during and after use. Notify DCLWD AVTEC when cloths
need laundering and replacing.
MONITORING FACILITY (SPRD)
a) Monitoring all users, including DCLWD AVTEC ID holders and guests, through sign in and
out documentation during SPRD scheduled hours; provide a monthly user report to
DCLWD AVTEC that includes the number of users by type and purpose of use.
b) Assume responsibility for the control of SPRD members, employees, participants, and
spectators during SPRD scheduled hours and events. Report misconduct of DCLWD
AVTEC I D holders and guests to the DCLWD AVTEC Operations Manager or their
designee.
c) Visually inspect the facility at least hourly for safety and to ensure appropriate use of
equipment and the facility and monitor behavior of the users; visually inspect and
completely wipe down all Wellness Center exercise equipment at least once daily; Monitor
the Wellness Center, when in use, every hour for safety and enforcement of published
rules.
90
d) Conduct a general sweep of the facility when the SPRD hours end, for cleanup of garbage
left around by SPRD users and to be certain all users have exited the building after locking
the Fourth Avenue entrance.
e) The DCLWD AVTEC staff will conduct periodic inspections and notify SPRD and DCLWD
AVTEC Operations Manager or their designee of issues that arise.
MAINTENANCE REQUESTS:
a) Any equipment found to need repair should be marked with "Cut of Order" signage and
notification made to the DCLWD AVTEC Operations Manager or their designee as soon as
possible, in writing, of the maintenance request.
b) Notification of the need for general maintenance and repair of the facility should be
reported as soon as possible, in writing, to the DCLWD AVTEC Operations Manager or
their designee; If an emergency repair is needed call the Residence Life staff at 907-224-
61 00.
c) Closure of the facility for major maintenance issues, with the exception of the need to close
for emergency repairs, shall be negotiated prior to scheduling the repairs to make the least
service and fiscal impact on the SPRD users and programming.
8) KEYS AND LOCKS: The DCLWD AVTEC will assign the number of keys needed for SPRD
staff use upon request from the SPRD responsible staff. The SPRD staff will sign for each key.
There is a $25 replacement fee for lost keys. For security purposes the DCLWD
AVTECIDOTPF maintenance staff may from time to time rekey the building; SPRD will be
reassigned the keys for the new locks as soon as possible.
9) INSURANCE: The SPRD shall always maintain in force during the term of this agreement
the insurance required in this section, and will furnish DCLWD AVTEC with a Certificate of
Insurance evidencing insurance coverage as follows:
a) Policy of commercial general liability insurance with a minimum limit of$1,000,000 per
occurrence. The commercial general liability insurance must include coverage for liability
assumed under an insured contract (including defense costs assumed under contract) and
shall name DCLWD AVTEC as additional insured. This insurance shall apply as primary
insurance with respect to any other insurance or self-insurance programs afforded DCLWD
AVTEC.
Failure to furnish satisfactory evidence of insurance, lapse of a policy, or inadequate limits, is
grounds for termination of this agreement. All insurance limits are minimum. If the SPRD's
policies contain higher limits, the DCLWD AVTEC shall be entitled to coverage to the extent of
such higher limits.
10) PAYMENT AND USAGE REPORT: Accounting of the daily fee of$415 per day will be
invoiced to the City of Seward each month on or about the fifth business day of the month
following the month of usage. Payment will be due at the AVTEC Business Office (PO Box 889
1809 2nd Avenue Seward AK 99664) within 30 days of SPRD receiving this monthly invoice.
The SPRD will provide DCLWD AVTEC with a monthly usage report that includes the areas of
use and number/type of SPRD users. This information will assist with DCLWD AVTEC with
maintenance and equipment replacement planning.
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11) AMENDMENTS: This agreement may not be added to, modified or changed in any way
except by written agreement.
12} NO WAIVER: The failure of DOLWD AVTEC to insist upon the strict performance of any
provision of this agreement or to exercise any right, power, or remedy upon a breach thereof
shall not constitute a waiver by DOLWD AVTEC of any such provision, breach, or subsequent
breach of the same or any other provision.
13) INTERPRETATION: This agreement constitutes the entire agreement between the parties,
superseding all previous representation, discussions and agreements between parties. This
agreement shall be binding upon and shall inure to the benefit of the successors and, subject
to the provisions relating to assignment, the assigns of each of the parties. This agreement
shall be interpreted under the law of Alaska, choice of law excepted.
14) ISSUE RESOLUTION: Resolution of issues that arise shall be addressed in the following
order:
a) SPRD Director or their designee and the DOLWD AVTEC Operations Manager or their
designee
b) City of Seward City Manager or their designee and the DOLWD AVTEC Director or their
designee.
15) TERMINATION OF AGREEMENT: Either party may terminate this agreement with thirty
(30) days written notice. Should the DOLWD AVTEC initiate the termination, a date for
vacating the facility will be negotiated to accommodate user needs and removal of SPRD
equipment.
Authorized SPRD Representative Date
Authorized DOLWD-AVTEC Representative Date
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GENERAL FUND
SPORTS & RECREATION
Expenditure by Department
2023/2024 Biennial Operating Budget
21319 2020 20,21 2022 7023 02 - 3 2024 023- 4
Actuat Actual Actual Budget Oudget %Chg Budget %Chg
Revenues-.
Operating Revenue:
4
34 MR-Class Registry ti ores 17,39 2,785 1t409 1.,1f�f� ���.[��� r rr,i]i� A ��
4343 MR.-Faci lity Remy I 5o47O 4,277 28 9,an,0 100.90 1.02 (98.87)
4345 PSBR:Special Events 18,353 5,271 10,423 18,500 '19,917 7.66 0,315 2.00
Total'Operating Revenues_ $44,216 1:20333 $11,860 $ 180500 $ 30,417 641.42% $ 21.917 -27.94
Total Revenues; 44F 16 12o 33 $11,860 $ 18g5O0 $ 30,417 64.4 2"A $ 21,917 -2.7,.94%
Expenditures:
Non-Pers❑►nnel Costs:
7001 Communications 3o234 3j546 zi,013 �:6510 41.000 9.59 1)0 0 0.00
7002 Postage and Freight 75 193 997 425 1,182 178,12 l,2 011 5 2.03
7003 Bank and 0.redit Card Fees 33 182 1 1,000 - (100.00) - 0.00
7004 Insurance 1,693 1,514 1,765 21275 1,820 (20.00) 1,915 5.2-
7009 Contracted Services 16t788 10,417 5,361 23,000 15,000 (34.78) 15,000 0.00
7017 Rents&Leases 47,823 14.017 - 540150 80j000 /17.71 80,000 0.00
7027 Softwa re/Sa aS Subscriptions - - - - 30774 100.00 410OO 5.99
7211 Gas&Lube 86 389 5.38 345 390 1.3.04 409 4.87
7217 Uniform Allowance - 191 480 300 11000 233,33 1,000 0.00
7213 Safety Equi prnent - - 983 600 450 (25.00) 450 0.00
7215 Operating supplies 77,142 1 .F3O3 760362 ,000 32,200� 15.04 3 200 0.00
7' 16 Maintenance&Repair 766 538 - 625 550 (12.00) 550 0.00
7 1.7 Sma I I Tools&Equipment 10211 10858 1,214 1,300 2-,C)00 53.85 2j000 0.00
7300 Advertis i 11g 980 262 307 1,1.75 1,000 (14.89) 1,0100 0.00
7301. Subscriptions&Dues 618 15 3,480 4,000 100 (97.50) 100 0.00
7302 'Tra ve I&Subsistence 387 - 355 1,250 1.,620 29.60 32 (98.03)
7303 Education&Training 250 1j397 434 1x500 2500 66.67 2050D 0.00
7304 Equipment Rent 200 - (100.00) - 0.00
Total Non-Personnel Costs: 91,081 76j857 $45,290 $1.73,795 147,r586 19,27 $146,3+57 .83%
Total Expenditures: $91,091 $76,85 $45029O $1230795 $147F586 19.27 $1460362 -0.83
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