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HomeMy WebLinkAboutRes2022-077 AVTEC Gym Facility Use Agmt Sponsored by: Bower CITY OF SEWARD,ALASKA RESOLUTION 2022-077 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 AND APPROPRIATING FUNDS 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, 2022; and WHEREAS, Resolution 2022-062 appropriated the necessary funding for the provision of this facility use through June 2022; and WHEREAS,the AVTEC facility provides a valuable space for 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 into 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. Funding in the amount of$80,000 will be included in the 2023 Parks and Recreation Sports and Recreation Budget Rents and Leases line item 01000-1420-7017. Section 3. Funding in the amount of$36,000 is appropriated to the 2022 Parks and Recreation Sports and Recreation Budget Rents and Leases line item 01000-1420-7017. Section 4. This resolution shall take effect immediately upon adoption. CITY OF SEWARD, ALASKA RESOLUTION 2022-077 PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 27th day of June, 2022. THG✓�C�I� OF SEWARD, ALASKA Christy Terry, Mayor AYES: McClure, Osenga, Calhoon, Wells, Casagranda, DeMoss, Te NOES: None ABSENT: None ABSTAIN: None ATTEST: Brenda Ballo , MMC City Clerk (Cite•io OF �GpRPp •9�'•L • � �c�O AL . • FALAS City Council Agenda Statement Meeting Date: June 27, 2022 To: City Council From: Janette Bower, City Manager Agenda Item: Resolution 2022-077: 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 and Appropriating Funds 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, three-year contract between the City of Seward and AVTEC expires on June 30, 2022. This contract proposal is for a one-year duration at the amount of $400 per day for 90 days, for an estimated total cost of $36,000. An appropriation is necessary to provide funding for activities taking place from July 2022 until December 2022. As part of the budget process, City Administration will include $80,000 in the proposed operating budget for Sports and Recreation in 2023. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: 2.2.4 Recreation 2.2.7 Community Partnerships 3.6 Recreation Strategic Plan: Page 3 Recreation and Leisure Page 12 Develop Additional Recreation Facilities Other: Certification of Funds Total amount of funds listed in this legislation: $ 36,000 This legislation (✓): Creates revenue in the amount of: $ x Creates expenditure in amount of: $ 36,000 Creates a savings in the amount of: $ Has no fiscal impact Funds are (✓): Budgeted Line item(s): x Not budgeted 01000-1420-7017 Not applicable 41 unassigned Fund Balance and Available Unrestricted Cash Balance Information Fund (✓): x General SMIC Electric Wastewater Boat Harbor Parking F1 Water F1 Healthcare Motor Pool Other Unassigned Fund Balance*: $ 2,503,985.03 *unaudited numbers Available Unrestricted Cash Balance*: $ 8,073,870.33 Finance Director Signature: Attorney Review✓ Administration Recommendation x Yes x Adopt Resolution Not applicable Other: 42 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, 2022 for the duration of one (1) year, expiring on June 30, 2023. 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 44 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, nor shall the SPRD make or allow to be made any building alteration of 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 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 for no more than one hundred seventy five (175) days under this agreement (Between July 1, 2022 and June 30, 2023) 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) 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$400 per day. Requests should be submitted in writing to the DOLWD AVTEC Operations Manager 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 Operations Manager or their designee at least one week in advance. c) 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. d) 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 15 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. e) 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 45 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 `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. 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 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 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): 46 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 into the building as it occurs 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 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 47 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: The annual fee of $69,600 ($5800 per month) for one hundred seventy five (175) days of use from July 1, 2022 to June 30, 2023 is due per negotiated billing agreement in one lump sum or monthly payments due the 51" of each month. 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. 1 1) 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. 48 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 49