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HomeMy WebLinkAboutRES2023-071 AVTEC Facility Use AgreementSponsored 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 HIV I hCe_l.c., VI Sue McClure, Mayor AYES: Osenga, Finch, Barnwell, DeMoss, Calhoon, Wells, McClure NOES: None ABSENT: None ABSTAIN: None ATTEST: Kris Peck City Clerk 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, wallyball, 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 $415 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: Th's legislation (✓): Creates revenue in the amount of: Creates expenditure in amount of: Creates a savings in the amount of: Has no fiscal impact Funds are (✓): Budgeted Sports and Recreation Acct. 7017 Rents and Leases, Line item(s): 01000-1420-7017 x x Not budgeted Not applicable $ 415 per day of use Fund Balance Information Affected Fund (✓): General Boat Harbor Motor Pool x Available Fund Balance SMIC Parking Other Electric Water Wastewater Healthcare Note: amounts are unaudited $ 6,725,333 Finance Director Signature: x Yes Attorney Signature: Not applicable Comments: Administration Recommendation x Adopt Res. Other: 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 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 ID holders may bring one (1) guest who shall remain with the AVTEC ID holder for the duration of the use of the facility. All ID holders and guests are subject to the rules and regulations of the SPRD and AVTEC DOLWD. Questions about validity of AVTEC ID or other issues regarding AVTEC ID 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 1st floor of the Student Services Center will not be available for use. a. August 10-11, 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 date(s), 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. All equipment owned by SPRD and DOLWD AVTEC should be in good working condition. Staff of SPRD are to notify the DOLWD AVTEC Operations Manager or their designee in writing, of DOLWD 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 DOLWD 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 Toss of use of the facility as a result, outside of normal wear and tear. 7) CUSTODIAL & MAINTENANCE: Full custodial services, maintenance and repair of DOLWD AVTEC equipment and facilities will be provided by DOLWD AVTEC staff for the duration of this agreement. The facility will be unavailable for one week during the DOLWD AVTEC winter and summer break for deep cleaning; closure dates to be determined between the DOLWD 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; DOLWD 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 DOLWD 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 DOLWD AVTEC when cloths need laundering and replacing. MONITORING FACILITY (SPRD) a) Monitoring all users, including DOLWD AVTEC ID holders and guests, through sign in and out documentation during SPRD scheduled hours; provide a monthly user report to DOLWD 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 DOLWD AVTEC ID holders and guests to the DOLWD 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. 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 DOLWD AVTEC staff will conduct periodic inspections and notify SPRD and DOLWD AVTEC Operations Manager or their designee of issues that arise. MAINTENANCE REQUESTS: a) Any equipment found to need repair should be marked with "Out of Order" signage and notification made to the DOLWD 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 DOLWD AVTEC Operations Manager or their designee; If an emergency repair is needed call the Residence Life staff at 907-224- 6100. 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 DOLWD 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 DOLWD AVTEC/DOTPF 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 DOLWD 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 DOLWD AVTEC as additional insured. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded DOLWD 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 DOLWD 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 / 809 2nd Avenue Seward AK 99664) within 30 days of SPRD receiving this monthly invoice. The SPRD will provide DOLWD AVTEC with a monthly usage report that includes the areas of use and number/type of SPRD users. This information will assist with DOLWD AVTEC with maintenance and equipment replacement planning. 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 6 - 30 -2 -3 Date Authorized DOLWD-AVTEC Representative P Date ATTEST: 'IS PECK CLERK