FY2019-32 User agreement between the Kodiak Island Borough, KIBSD, and City of Kodiak for PoolOp Poe°° f�. r�P,.j �wc
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JOINT AGREEMENT FOR THE USE AND OPERATION
OF CITY OF KODIAK, KODIAK ISLAND BOROUGH AND KODIAK ISLAND
BOROUGH SCHOOL DISTRICT FACILITIES
Between
CITY of KODIAK, KODIAK ISLAND BOROUGH and KODIAK ISLAND
BOROUGH SCHOOL DISTRICT
This Agreement entered into this 1st day of September 2018, by and between the CITY
OF KODIAK, hereinafter referred to as the "City," the KODIAK ISLAND BOROUGH,
hereinafter referred to as the "Borough," and the KODIAK ISLAND BOROUGH
SCHOOL DISTRICT, hereinafter referred to as the "District."
PREAMBLE
Since the completion of Baranof Park in 1973, the Kodiak Island Borough (Borough), the City of
Kodiak (City), and the Kodiak Island Borough School District (District) have pooled their
resources to meet continuous youth and community demands for developmental and recreational
opportunities. The Borough, City and District have cooperated in planning and jointly using their
separately owned facilities and grounds for the benefit of students, community members and
visitors.
The Borough/City/District partnership has effectively maximized the use of their respective
facilities to meet community and student needs, beyond what each could do alone. In addition to
creating more opportunities for their respective constituent groups, sharing facilities has led to
greater efficiencies in cost and operations. The Borough, City and District acknowledge the value
of their collaboration and seek to extend their working relationship.
In order to maximize the use of their facilities for the benefit of the community, the three parties
will continue to provide priority access to each other, continue to equitably share their resources,
and continue to give priority to programs that benefit Kodiak youth and the community as a
whole. Additionally, the Borough, City and District believe that they can best accomplish their
objectives and, at the same time, encourage other community-based recreational activities by
forming a cooperative partnership involving the Borough, City, District, and the community. All
three parties support the goal of increasing community access and use of Borough, City and
District facilities and grounds.
Now, Therefore, in consideration of the foregoing, the parties agree as follows: VISION
STATEMENT: All public facilities and grounds, owned by the Borough, City and District,
shall benefit and be available to Kodiak children, adults, and families to the maximum
extent possible. The Borough, City and District have mutual interests in helping
young people learn and develop recreation skills and in providing opportunities for
people of all ages to participate in recreation activities. It is incumbent upon the
Borough, City and District to develop a unified approach to serving the community's
City of Kodiak, Kodiak Island Borough, and
Kodiak Island Borough School District
Joint Use Agreement 2018-2021
recreation needs and to cooperatively maintain Borough, City and District facilities
and grounds in order to foster community learning and vitality.
I. PURPOSE OF THE AGREEMENT: This Agreement is intended to enhance and not
interfere with the primary mission of Borough, City and District governance. In
establishing this Agreement the Borough, City and District seek to:
A. Effectively and efficiently manage the use of Borough, City and District facilities and
grounds for the benefit of Kodiak's youth and citizens;
B. Encourage joint use of their respective facilities and grounds and give priority usage,
after the owning agency's programming and/or on-going community obligations are
met, to the requests submitted by the other party
C. Provide facilities and grounds usable for Borough, City and District programs;
D. Establish procedures to encourage cooperative working relationships between
Borough, City and District personnel at all levels and to quickly resolve issues;
E. Encourage joint and cooperative ventures, including facility maintenance and
development.
II. TERMS: This Agreement shall be effective for a term of 36 months. The Agreement
commencing on September 1, 2018 and ending August 31, 2021. The agreement may
continue as a month to month agreement by written consent by all parties. The agreement
may be terminated by any of the three parties with 30 days' written notice.
III. PROGRAM: Borough, City and District program and facility offerings should be
complementary and supportive and not competitive in nature. Joint planning, reporting
and evaluation are necessary to achieve this end.
IV. FACILITIES: District facilities subject to this Agreement, include the pool, gyms (high
school, middle school, Main Elementary, East Elementary and North Star), locker rooms,
and specifically designated classrooms and other areas together with a limited amount of
office and storage space. Borough facilities, subject to this Agreement, include the two
fields at Woody Way, the Dark Lake Field, East Elementary Field and Coon Field. City
facilities, subject to this Agreement, include the Baranof Park track, football field,
baseball field and ice rink, East Addition Park softball field, Teen Center and other City
parks and recreation facilities.
V. ISSUANCE OF FACILITY KEYS: Keys shall be issued, or other means of access
provided, for curriculum/program events and activities approved under this Agreement.
Issuance of keys to agency personnel for use of another agency's facilities shall be
limited to those necessary to implement this Agreement. All agencies agree to not
duplicate keys issued by another agency.
VI. TIME PERIODS FOR SPECIFIC NEGOTIATED USE:
A. Monday - Friday during the period of the regular school year, 7:30 a.m. - 5:30 p.m.;
B. Monday - Friday during the period of the regular school year, 5:30 p.m. - 7:30 a.m.;
C. Weekends, September through May, including extended school closures such as
Thanksgiving, Winter Break, and Spring Break.;
D. Summer, June 1" — September I".
City of Kodiak, Kodiak Island Borough, and
Kodiak Island Borough School District
Joint Use Agreement 2018-2021
VII. PRIORITY OF USE: Each agency will make its buildings and grounds available for use
by the other agencies on a first priority basis after the scheduling requirements for its own
programs have been met.
A. School District Facilities: Priority of use is relative and reflects the intended primary
use of the facilities for educational purposes and the secondary use of community
service for recreation, education, and leisure -time activities. In the time period VI
"A." the District shall have the exclusive right to use of District facilities. The
District may share the space. In the time period VI "B.," joint use will be assumed
with first priority given to District sponsored activities. In time period VI "C." and
''D." the District and City will assume joint -use with mutual access. In the scheduling
of space, the District will prioritize- the City's needs first and then the needs of other
community agencies or groups. The District will not retain the gym or pool for daily
practice of District teams beyond 7:30 p.m.
B. Borough Facilities: The Borough will regulate use of Borough facilities under the
following guidelines: Priority of use is given to Borough needs. In the absence of
Borough needs, the City shall have management authority over Borough facilities.
C. City Facilities: The City will regulate use of City Facilities under the following
guidelines: Priority of use is given to District interscholastic athletic practices and
competition. In the time period VI "A.," the School District shall have preferential
use of City Facilities. In other time periods the needs of City, District and community
programs will be evaluated and access allocated according to the needs of each.
VIII. SCHEDULING OF ACTIVITIES: Specific requests for use will be made party to
party, and will include the following: person in charge, space desired, approximate
number of participants, time, description of the activities involved, plan of supervision
and control, and person(s) designated to assist in set-up and take down of equipment
needed. Approval rests with the Borough Engineering/Facilities Director, District
Maintenance and Operations Director and the City Parks and Recreation Director, or their
designee. After the initial approval is granted, each party must provide the other with at
least one week's advance notice, whenever possible, prior to commencement of or
change in the schedule of the approved activity. Once a party establishes its schedule,
each must give the other at least one week's advance notice before changing their
schedule. Use of District facilities by groups outside the realm of the Borough, City or
District, at times other than during regular school hours, will be scheduled by the District
Community Schools Supervisor after notification and review with affected City and
District staff.
IX. CHANGES IN POLICY, BUDGET OR ORGANIZATION: When the Borough, City
or District contemplates a change in policy, budget or organization that could impact the
joint -use access, each party will consult with the other parties, with sufficient notice, so
each party can analyze the impacts and plan for the change.
X. DENIAL OF FACILITIES: The Borough, City and District reserve the right to deny
the use of their facilities to groups and/or individuals. The Borough, City and District will
designate individuals responsible to effect this denial. Specific rules will be posted in
areas of use. Attention to the rules will be accomplished by each activity and as needed
throughout the duration of the schedule.
City of Kodiak, Kodiak Island Borough, and
Kodiak Island Borough School District
Joint Use Agreement 2018-2021
XI. CITY OBLIGATION FOR DISTRICT FACILITIES the City's responsibility is
restricted to public use of District facilities for those activities under the City's
sponsorship. This means that the City will:
A. Supervise all City staff and volunteers.
B. Schedule all City programs and activities; coordinate with the Community Schools
Office;
C. Provide pool vacuuming, filtration and chemical upkeep;
D. Provide for safe storage and handling of all items used daily, including hazardous
chemicals;
E. Ensure that all scheduled activities will conclude by 10:30 p.m. and provide for
policing of area used at end of each activity;
F. Provide trained, qualified personnel for supervision of all City recreation activities and
ensure that City participants have vacated District facilities prior to supervisor's
conclusion of duties. Provide lifeguard personnel with lifeguard certificate.
G. Provide advanced notification of supply needs, e.g. pool chemicals.
H. The City will inform the District, and the District will inform the City of any known
equipment or items that are not functioning properly;
I. The City will schedule and provide lawn mowing during the summer months as
needed for East Elementary, Main Elementary, North Star Elementary, Peterson
Elementary, Kodiak Middle School, and Kodiak High School
XII. CITY OBLIGATION FOR BOROUGH FACILITIES—The City's responsibility for
use of Borough facilities is to manage, maintain and operate said facilities as if they were
City facilities. This means that the City will:
A. Maintain the playing surfaces of Borough fields to include mowing, dragging, lining
and other basic maintenance procedures;
B. Do limited maintenance on fences, buildings, bleachers, goal posts, bases and other
amenities and support structures;
C. Schedule the use of facilities to ensure appropriate maximum use and benefit by the
community.
XIII. DISTRICT OBLIGATION—the District will:
A. Provide heat, light, power, chemical supplies and equipment, and water necessary for
both District and City use;
B. Pr e all major me poo ov ;
C. Provide proper and safe storage area for the inventory of pool chemicals;
D. Provide all building maintenance including required maintenance to ensure individual
health and safety in the gyms and supporting facilities;
E. Provide all custodial services.
XIV. BOROUGH OBLIGATION the Borough will:
A. Provide necessary maintenance in addition to section XIII A and B to ensure
individual health and safety on the fields and supporting facilities;
City of Kodiak, Kodiak Island Borough, and
Kodiak Island Borough School District
Joint Use Agreement 2018-2021
B. Include the City in the planning and design stages of Borough and District facilities,
which are or could be subject to this Agreement.
XV. ACCESS TO STORAGE: Wherever possible, each agency shall make available storage
space on site for joint -use program equipment and supplies.
XVI. FEES: All fees charged for participation in one party's programs in another party's
facility belong to the party sponsoring program, not to the party that owns the facility.
XVII. COOPERATIVE CAPITAL DEVELOPMENT FINANCING: The Borough, City
and District will cooperatively plan development at appropriate joint -use sites or
facilities, exploring whenever possible avenues for blending fund sources and resources
to accomplish mutual goals. Where possible, the three parties will work together to use
other public and private financing opportunities to accomplish mutual objectives and to
develop facilities with standards sufficient to meet the programming requirements of all
three parties.
XVIII. INTERAGENCY TRAINING: The Borough, City and District shall conduct annual
training and orientation programs for key personnel involved in implementing this
Agreement; including school principals, coaches, teachers, secretaries and custodians.
Topics to be covered include the history and purpose of this Joint Use Agreement,
benefits to students/families and community residents, specific provisions established by
this Agreement and key implementation procedures.
XIX. LIABILITY INSURANCE: The Borough, City and District shall, at all times, maintain
and keep in effect liability insurance with limits not less than $1,000,000 per occurrence
and/or aggregate combined single limit, personal injury, bodily injury and property
damage, naming each subsequent party as an additional insured. The Borough, City and
District will provide upon request, a copy of the required Certificate of Insurance and
provide thirty (30) days written notice prior to cancellation of insurance policy.
XX. INDEMNIFICATION: The Borough, City and District shall, to the fullest extent
permitted by law, defend, indemnify and hold harmless each other, including each others
elected and appointed officials, employees, and volunteers against any and all liabilities,
claims, demands, lawsuits, or losses including costs and reasonable attorney fees incurred
in defense thereof, arising out of or in any way connected or associated with this
Agreement.
XXI. PROPERTY DAMAGE: The Borough, City and District will reimburse each other for
damage to the other's facilities due to negligence or acts of employees or persons using
the facilities during times that said facilities are subject to the exclusive use of the
Borough, City or District. Nothing herein contained shall be construed to obligate the
Borough, City or District to make repairs for damage due to ordinary wear and tear.
City of Kodiak, Kodiak Island Borough, and
Kodiak Island Borough School District
Joint Use Agreement 2018-2021
City of Kodiak
Kodiak Is"d Borough
City ManagerBoro
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City of Kodiak, Kodiak Island Borough, and
Kodiak Island Borough School District
Joint Use Agreement 2018-2021
K. I. B. School District
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School Board Clerk
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