HomeMy WebLinkAboutRes2019-066 CITY OF SEWARD,ALASKA
RESOLUTION 2019-066 Sponsored by: Meszaros
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A
THREE-YEAR FACILITY USE AGREEMENT BETWEEN THE CITY OF
SEWARD AND THE ALASKA VOCATIONAL TECHNICAL CENTER
FOR THE USE OF THE STUDENT SERVICES CENTER 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, the City of Seward does not own a facility that could accommodate these
year-round indoor recreation opportunities; 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 most recent agreement expired on June 30, 2019; and
WHEREAS, over the last number of months, City administration and staff have met on
numerous occasions with the AVTEC director and deputy director to work through and modify
the existing agreement to better meet the needs of the City and AVTEC; and
WHEREAS, there are no significant changes to the agreement except to simplify billing
for budgeting purposes, allowing for flexibility in usage days to accommodate seasonal
fluctuations, and an increase in the number of usage days from 170 to 175 per year; and
WHEREAS,the 2019 budget includes $60,000 for the facility use agreement; and
WHEREAS,if approved, staff will include$60,000 in both the 2020 and 2021 budgets.
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 into a three-year facility use
agreement between the City of Seward and the Alaska Vocational Technical Center (AVTEC)
for the use of the Student Services Center.
CITY OF SEWARD,ALASKA
RESOLUTION 2019-066
Section 2. Funding in the amount of$60,000 is within the 2019 budget, and $60,000 will
be included in both the 2020 and 2021 Parks and Recreation, Rents and Leases line item.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this
22°d day of July, 2019.
THE CITY OF SEWARD, ALASKA
Davi Squires, Mayer
AYES: Towsley,McClure, Lane, Osenga, Horn, Seese, Squires
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
rends J. Bal , MMC
City Clerk
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Council Agenda Statement
Meeting Date: July 22, 2019
TO: City Council
7,
From: Scott Meszaros, City Manage
Agenda Item: Facility Use Agreement Between the City of
Seward Parks and Recreation Department (City)
and the Department of Labor and Work,force Development Alaska Vocational
Technical Center(AVTEC)
BACKGR.QLLND &_JUSTIFICATION-
The City of Seward has long enjoyed the benefits of providing community recreation programs
through the use of the AVTEC Student Services Center. The City is Currently operating under a
facility use agreement with AVTEC that has been in place since 2016; the term of that agreement
expired on June 30, 2019.
Over the last number of months,the administration and staff have met on numerous occasions with
the AVTEC, director and deputy director to work through and modify the existing agreement to better
meet the needs of the City and AVTEC.
For simplified budgeting, both the City and AVTEC: have agreed to a monthly flat rate of$5,000.
However,due to the seasonal participation fluctuations, both of the parties have agreed to a flexible
schedule that allows for increased usage in the shoulder and winter months and decreased usage
during summer months. The City will have a total ofl 75 days of annual occupancy for the duration
Of this facility use agreement.Additional days may be purchased beyond the 175 at a rate of$350 per
day.
Attached is the proposed agreement between the City of Seward and AVI"'EC.Thc total cost per year
remains at $60,000 while increasing occupancy days from 170 to 175.
LNTE�NF:
fo provide recreational opportunities to the public by leasing space from AVTEC and hosting
indoor recreational prograrns, sports leagues and community-based activities.
........... ..........
CONSISTENCY CHECKLIS Yes No N/A
Comprehensive Plan:
1. 2.2,4-Recreation
22.7 - Community Partnershij.)s
-3,6-- R..ecreation
Strategic Plan (document source here').-
2. 1age 3 -Recreation and Leisure X
L"ca�c� 12 Develol)atidilionalreci-eatio ies
3. Other (list): X
43
FISCAL NOTE:
AVTEC`facility rental fees equaling$60,000 per year were included in the 2018 and 2019 budgets.If
approved, staff will include $60,000 per year in the 2020 and 2021 budgets.
Approved by Finance Department:
ATTQRNI,YRLVIE)y: Yes No
RECOMN.4ENDATION:
Council approve Resolution 2019- 066_authorizing the City Manager to enter into a three-year
facility use agreement between the City of Seward and AVTEC for the operations of variOLIS Parks
and Recreation functions.
44
FACILITY USE AGREEMENT BETWEEN
City of Seward Parks and Recreation Department
and
Department of Labor and Workforce Development
Alaska Vocational Technical Center
1) PURPOSE, DURATION AND RENEWAL
This agreement is between the Department of Labor and Workforce Development, division of the Alaska Vocational
Training 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, 2019 for the duration of three (3)years, expiring on JUNE 30, 2022. This
agreement will be reviewed annually by both parties no later than sixty(60) days prior to the anniversary of the
effective date to make modification per written amendments as needed and for renewal upon expiration of
agreement. 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,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 DOWLD AVTEC Director or
their designee. Repeat offenders could be restricted from use of the facility.
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d) SPRD shall not drive, or permit to be driven, any nails, hooks, tacks, or screws in any part of the building, nor
shall the SPRD, make or allow to be made any building alteration any kind.
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 schedule use. Anyone (including members, guests, or invitees)who enters
any area other than the one 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
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 for no more than one hundred
seventy five (175) days each agreement year(July 1 and June 30) 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 Deputy Director or their
designee. Submitted schedules and changes or additions will be accepted and made in consultation with the Deputy
Director or their designee.
a) Additional days for use of the facility beyond the one hundred seventy-five (175) may be requested and granted,
depending on availability, at a cost of$350 per day. Requests should be submitted in writing to the DOLWD
AVTEC Deputy Director or their designee.
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 Deputy Director or their designee at least one week in advance.
c) The sauna will be available 3 days per week for four hours each use, split equally between male and
female use times;there is no co-ed sauna.
d) The gym will be available for use by the DOLWD AVTEC student recreation program, from 6:30PM—9:00 PM up
to two evenings per week between Monday and Thursday beginning August 15 through June 30; scheduled days
to be determined between the DOWLD AVTEC Recreation 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 Recreational
department activities on these days.
e) Individuals who present a valid AVTEC Identification card will be allowed access to the wellness center,the
locker rooms, sauna, racquetball courts, and open gym 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 Deputy
Director 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.
f) To participate in SPRD programs, leagues and classes, DOLWD AVTEC student ID holders will be offered the
discounted rate available to all participants; ONE team from the DOLWD AVTEC student recreation program will
be eligible for a team fee waiver.
4) LARGE EVENTS: Notice of large events (greater than 50 participants, including spectators) will be provided
to the DOLWD AVTEC Deputy Director 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
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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 for 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 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.
All equipment, owned by SPRD and DOLWD AVTEC, should be in good working condition. Staff of SPRD are to notify
the DOLWD AVTEC Deputy Director 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 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 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 Deputy Director 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 each day and after major events in the facility; DOLWD AVTEC shall provide access to a
custodial closet for general clean up each day; cleaning supplies and garbage bags will be stocked in that
location.
b) Clean up hazards such as spills, overflowing trash, and excessive dirt brought in to the building as it
occurs and isolate any area determined unsafe, contaminated, or too dirty for use as off limits then
notify DOLWD AVTEC Deputy Director or their designee as soon as possible.
c) Keep bottles of cleaning solution full and clean cloth(s) 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):
d) 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 number of users and purpose of the use.
e) 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
Deputy Director or their designee.
f) Visually inspect the facility at least hourly for safety and to ensure appropriate use of equipment and the
facility and to monitor behavior of the users;visually inspect and completely wipe down the Wellness
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Center exercise equipment once daily; monitor the Wellness Center,when in use, every hour for safety
and enforcement of published rules.
g) Conduct a general sweep of the facility when the SPRD hours end for cleanup, and to be certain all users
have exited the building prior to locking the Fourth Avenue entrance.
h) The DOLWD AVTEC staff will conduct periodic inspections and notify SPRD and Deputy Director or their
designee of issues that arise.
MAINTENANCE REQUESTS:
i) Any equipment found to need repair should be marked with "Out of Order" signage provided by DOLWD AVTEC
and notification made to the Deputy Director or their designee as soon as possible, in writing, of the
maintenance request.
j) Notification of the need for general maintenance and repair of the facility should be reported as soon as
possible, in writing, to the Deputy Director or their designee; if an emergency repair is needed call the Residence
Life staff at 224-6100 or 422-7119.
k) 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 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: The annual fee is$60,000 ($5,000 per month)for one hundred seventy-five (175)
days of use from July 1 to June 30 each year and is due per negotiated billing agreement in one lump sum or
monthly payments due the 51h of each month. The SPRD will provide DOLWD AVTEC with a monthly usage report
that includes the areas of use and number of SPRD users.This information will assist 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.
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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 and the DOLWD AVTEC Deputy Director or their designee.
b) City of Seward City Manager or designee and the DOLWD AVTEC Director or designee
15) TERMINATION OF AGREEMENT: Either party may terminate this agreement with 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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