4.14 SR 12-19-2022Action Item
To Item Number
Ma Tor and Council 4.14
Agenda Section Meeting Date Prepared by
Consent December 19, 2022 Tim Dalton, FT Center Superintendent
Item Description Reviewed by
2022-23 ERHS Hockey Practice and Game Cal Pormer, Cit T Administrator
Contracts Reviewed by
Action Requested
Approve by motion, Elk River High School Hockey Game and Practice Ice Contracts for the 2022-23 season.
Background/Discussion
The school district had historically paid for ice at the rate set by the Ice Arena Commission. The former
commission frequently adjusted ice rates every other year following a survey of neighboring arenas and typically set
the rate lower than our neighbors as the facilities had fewer and lesser level amenities.
During the 2019-20 facility construction period, the former ice rates were maintained ($195/hr. prime and $145/hr.
nonprime) as we were down to one rink. In 2021, the new Multipurpose Facility Advisory Commission set a new
prime ice rate at $230. Following the new rate, the youth hockey association and school district asked for a
discounted rate, which the Commission approved at $220/hr.
With mostly full operations of the new facility and hiring challenges due to the pandemic, during the 2021-22
season it was quickly learned that more staff and a higher wage rate was required to operate on game day. Primarily,
the size of the arena required more ingress/egress doors which must be unlocked and requiring staff to ensure the
integrity of admission ticketing.
On September 7, 2022, the Commission approved a prime ice rate of $240/hour. Superintendent Dalton worked
with ISD #728 Executive Director of Business Services Andy Almos to come to an agreement on gameday staffing
and ice rates to cover the facility's actual operating costs.
The Commission approved both contracts at their regular meeting on December 12, 2022.
Financial Impact
The game contract increases gameday revenue to $1,400, $500 more than recent years. Additionally, gameday
staffing are expected to reduce staffing costs by $5,000-$7,000 for the season. This one-year contract allows us to
review the effectiveness of these operational changes and utilize that data to assist in developing future game
management agreements.
Mission/Policy/Goal
Provides revenue to support sustainable facility operations.
The Elk River Vision
A �arelco�ning co�n�nunity zvitb r•evolutionary and spirzted r•esour•cefulness, exceptional
service, and co�n�nunity engage�nent tbat encour•ages and inspir•es pr•osperzty.
R�O�IMER'EO �'P
M ���
Updated.• August 2020
Attachments
■ ERHS Hockey Game Contract, 2022-23
■ ERHS Practice Ice Contract, 2022-23
N:APublic Bodies\tlgenda Packets\12-19-2022\Fuial\x4.14 si ERHS Hockev Game Contiact 2022-23.docx
FURNITURE AND THINGS GOMMUNITY EVENT GENTER
GITY OF ELK RIVER
IGE RENTAL GONTRAGT
ELK RIVER HIGH SCHOOL GAME EVENTS 2022-2023
This ice faciliry use agreement (Ab eement) is made and entered into this 1 st day of
December , 2022 bet�veen the City of Ell� River, a Minnesota municipal corporation, herein after
referred t� as (PROVIDER) and District #728 Sch��ls ELK RIVER HIGH SCHOOL, herein after
referred to as (USER). PROVIDER and USER agree to the following use of ice skaring faciliries
witivn the Furniture and Things Community Event Center (FTCenter) located at 1000 School Street,
Elk River, MN 55330 for the period of Se�tember 1, 2022 to August 31, 2023.
1. SCHEDULE (�F TIME: PR(�VIDER agrees to make ice time available to the USER
at the time and dates shown on the attached ice use schedule for the USER. Such
schedule may be amended from time to time upon the written agreement of both
parties' representati` es.
3. Rates: USER and FTCenter agree to the following fee arrangement:
Base Fee:
Single Game: �700 Plus 50% of the remaining gate.
Double Headers: $1400 Plus 50% of the remaining gate.
Gate collections �vill be calculated as follows:
Total Gate collected —(minus) Base Fee =(equals) Amount to split.
If the total Gate Collected per game does not coeer Base Fee Total, the FTCenter
will receive the �1400 base fee.
4. SERVICES: PROVIDER agrees to provide a usable ice surface, secure and clean
locker faciliries, parking faciliries and, on the day of games, FTCenter seating for
spectators as well as two (2) event operations staff to facilitate ticket sales and one
game operations manager. In addition, PROVIDER shall proeide appropriate
facility�ice maintenance staff; Zamboni driver(s) and needed cleanup�maintenance
staff. The USER shall provide time�score keeper(s), penalty box attendant(s),
announcers, and a site manager. All USER staffing of games to be reviewed and
appr�ved by the PROVIDER.
a. USER shall be responsible for the complete repair of any damage to space within
the FTCenter that is damaged while being utilized by USER.
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5. PA�'MENTS: PROVIDER shall bill USER on a monthly basis by submitting an
itemized list of hourly practice and game ice, to the USER. Upon proper billing and
documentation, USER will prompdy pay PROVIDER any required deposits and an
amount equal to the number of hours of pracrice and game ice usage at the rate ab eed
to.
6. CANCELLATIONS: PROVIDER may cancel this Ab eement for any material
default by the USER in terms of this Ab eement. PROVIDER may also reschedule
the dates or times of the scheduled ice usage upon five days written notice to the
USER. PR(�VIDER shall not be held responsible for the cancellation of ice time for
reasons beyond the reasonable control of PROVIDER, its agents, or employees, such
as but not limited to equipment failure, loss of power, severe weather or acts beyond
PROVIDER'S control. In the event of such an occurrence, PROVIDER �uill attempt
to reschedule USER'S ice times or USER may cancel and promptly receiee a return of
any fees paid.
7. ASSIGNMENT: if scheduled ice rime cannot be used by the USER, they shall
prompdy notify the PROVIDER in writing within 14 days and the PROVIDER will
attempt to reassign that time to another group. If the time cannot be assigned to
another group, the USER will pay the charged fees for t�leir scheduled time.
8. RULES AND REGUL.ATIONS: USER agrees to use the facilities according to the
Rules and Regularions of PR(�VIDER which will be adopted and posted from titne
to time within the facility.
9. SIGNAGE: USER recognizes that it does not have rights to post any signs without
the express written consent of PROViDER Any si�,ms so consented shall conform to
and be consistent with the sign usage policy of PR(�VIDER and be subject to
PROVIDER review and approval.
10. LIABILIT'Y: USER acknowledges that PR(�VIDER has not asserted or accepted any
responsibilities for supeivision, security oi control of USER'S pioperty oi activities.
USER shall be solely responsible to proeide security for its equipment kept on the
premises and shall be solely responsible to provide supervision of its players, staff, and
spectators, on and off the ice. PRC�VIDER shall be solely responsible for the acrion
of its employees, agents, and invitees.
USER assumes all risks of personal injury arising from its usage of the FTCenter or
any part c�nnected �r c�ntigu�us theret� which result fr�m an act �r failure t� act �n
the part of the USER or others over whom it has supervisory responsibility. USER
assumes responsibility for damages to the property of PR(�VIDER arising out of the
negligence of USER under its performance of this agreement. PROVIDER will notify
the USER of any damages and allow the USER a reasonable opportunity to re�new the
damage before repairs are made. PROVIDER is responsible for the repair or
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replacement of PROVIDER'S property and �vill ineoice the USER for the damages.
USER'S obligation shall be to reimburse PROVIDER for the cost of labor and
replacement of like-kind and qualiry equipment.
PROVIDER agrees to indemnify and hold harmless USER from and against all claims,
costs, expenses(including attorney fees) and liabilities of whatever nature arising
from(i) any negligent or wronb ul act or omission of PROVIDER, its licensees, agents,
or employees; or (ii) arising from any accident, injury, inclucling death, or damage to
any person or property occurring on the premises and caused by the negligence or
other wrongful conduct of PR(�VIDER, eYcluding claims arising from USER'S
performance under this ab eement. This parab aph shall not act as a waiver of any tort
liabiliry caps or legal immunities that may e�st to protect the PROVIDER.
USER ab ees to indemnify and hold harmless PROVIDER from and against all claims,
costs, expenses(including attorney fees) and liabilities of whatevei natui-e alising from
(i) any negligent or wrongful act of omission of USER, its licensees, agents, or
employees; or (ii) arising from any accident, injury, including death, or damage to any
person or property occurring on the premises and caused by the negligence or other
wrongful conduct of USER, excluding claims arising from PROVIDER's
performance under this a�eement.
INSURANCE: Bot�i USER and PROVIDER shall maintain liability insui-ance against
claims for bodily injury, death or property damage occurring on or about the
FTCenter. Such insurance shall be written on an occurrence basis with a combined
single limit of not less than $1,000,000 per occLurence. If the insurance policy is written
on a"claims-made basis," the party will maintain coeerage for a minimum of three
years past the expiration of this agreement. The retroactive date of the policy shall be
indicated on the certificate of insLuance oudining coeerage.
In addition, both parties shall name the other party as an additional insured with
respect to its own operations on said policies of insurance. Both parties will maintain
all workers compensarion insurance required by law.
THIS CONTRACT AND ANY ATTACHED SCHEDULES OR SIGNED ADDENDUMS
C(�NSTITUTES THE ENTIRE AGREEMENT BE'I"W'EEN PR(�VIDER AND USER. THE
UNDERSIGNED USER AGREES TO PURCHASE ALL HOURS OUTLINED IN THE
ATTACHMENT. N(� PR(�VISI(�N (�F THIS AGREEMENT �LAY BE CHANGED, �'AIVED
(�R TERI�ZINATED UNLESS D(�NE IN �URITING AND EYECUTED B� B(�TH PR(�VIDER
AND USER.
Dated: 12 / 01 / 2022
USER: Andrew M. Almos
Bj,: � �. G.�.�,
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DocID:382d3909e5e1438ee233cc1b2b5788a07bdfcac7
Executive Director of Business Services
ItS:
ISD 728
Dated:
Approved as to form:
PROVIDER: CI'I'Y OF ELK RIVER
:
:
:
DocID:382d3909e5e1438ee233cc1b2b5788a07bdfcac7
FURNITURE AND THINGS GOMMUNITY EVENT GENTER
GITY OF ELK RIVER
IGE RENTAL GONTRAGT
ELK RIVER HIGH SCHOOL 2022-2023 PRAGTIGE
THIS ICE FACILITY USE AGREEMENT (AGREEMENI� IS MADE AND ENTERED
INTO THIS 1 st DAY OF December , 2022 BET�'EEN THE CIT'Y OF ELK RIVER, A
MINNESOTA NIUNICIPAL CORPORATION, HEREIN AFTER REFERRED TO AS
(PROVIDER) AND INDEPENDENT SCHOOL DISTRICT 728, HEREIN AFTER
REFERRED TO AS (USER). PROVIDER AND USER AGREE TO THE FOLLO�'ING USE
OF ICE SI�TING FACILITIES WITHIN THE FURNITURE AND THINGS CONII�ZUNITY
EVENT CENTER (FTCENTER) LOCATED AT 1000 SCHOOL STREET, ELK RIVER, NIN
55330 FOR THE PERIOD OF SEPTEMBER 1, 2022 to AUGUST 31, 2023.
1. SCHEDULE OF TIl�IE: PROVIDER agrees to make ice time aeailable to the USER
at the rime and dates shown on the attached ice use schedule for the USER. Such
schedule may be amended from time to time upon the written agreement of both
parties' representarives.
2. RATES: USER ab ees to pay the following rates for FTCenter usage: $240�hour
3. Estimated number of practice hours resereed:
Girls Program 143 hours
Boys Program 145 Hours
TOTAL HOURS 288 Hours @ $240/hour = $69,120
4. PRIME HOURS: Prime and Non-Prime Hours are described as follows:
a. Prime Hours:
i. Aftei 2:OOpm I�Tonday thru Fiiday, September 1-May 31.
ii. All hours on Saturday and Sunday and non-school days, September 1-
May 31.
b. Non-Prime Hours:
i. All hours June 1 through Aub st 31.
ii. 5:OOam-1:59pm on School days.
5. SERVICES: PR(�VIDER ab ees to provide a usable ice surface, secure and clean
facilities, and parking facilities for all practice sessions.
Doc ID: fd03dbfc72b199ca2551ec498e9baf0e49a56c1f
a. USER shall be responsible for the complete repair of any damage to space within
the FTCenter that is damaged while being utilized by USER.
6.
7. PAYMENTS: PROVIDER shall bill USER on a mont�lly basis by submitting an
itemized list of hourly practice and game ice, to the USER. Upon proper billing and
documentation, USER will promptly pay PROVIDER any required deposits and an
amount equal to the number of hours of practice ice usage at the rate agreed to.
8. CANCELLATIONS: PROVIDER may cancel this Ab eement for any material
default by the USER in terms of this Ab eement. PROVIDER may also reschedule
the dates �r times �f the scheduled ice usage up�n ftve day s written n�tice t� the
USER. PROVIDER shall not be held responsible for the cancellarion of ice time for
reasons beyond the reasonable control of PROVIDER, its agents, or employees, such
as but not limited to equipment failure, loss of power, severe weather or acts beyond
PROVIDER'S control. In the event of such an occurrence, PROVIDER will attempt
to reschedule USER'S ice times or USER may cancel and promptly receiee a return of
any fees paid.
9. ASSIGNMENT: if scheduled ice rime cannot be used by the USER, they shall
piompdy notify the PROVIDER in writing within 14 days and t�ie PROVIDER will
attempt to reassign that time to another group. If the time cannot be assigned to
another group, the USER will pay the charged fees for t�leir scheduled time.
10. RULES AND REGUL.ATIONS: USER a�ees to use the facilities according to the
Rules and Regulations of PROVIDER which will be adopted and posted from time
to time within the facility.
11. SIGNAGE: USER recognizes that it does not have rights to post any signs without
the express written consent of PROVIDER. Any signs so consented shall conform to
and be consistent with the sign usage policy of PR(�VIDER and be subject to
PR(�VIDER review and approval.
12. LIABILIT'Y: USER acknowledges that PR(�VIDER has not asserted or accepted any
responsibilities for supervision, security or control of USER'S property or activities.
USER shall be solely iesponsible to provide secui-ity foi its equipment kept on the
premises and shall be solely responsible to provide supervision of its players, staff, and
spectators, on and off the ice. PRC�VIDER shall be solely responsible for the action
of its employees, agents, and invitees.
USER assumes all risks of personal injury arising from its usage of the FTCenter or
any part connected or contiguous thereto which result from an act or failure to act on
the part of the USER or others over whom it has supervisory responsibility. USER
assumes responsibility for damages to the property of PR(�VIDER arising out of the
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Doc ID: fd03dbfc72b199ca2551ec498e9baf0e49a56c1f
negligence of USER under its performance of this ab eement. PROVIDER �vill norify
the USER of any damages and allow the USER a ieasonable oppoitunity to ieview the
damage before repairs are made. PROViDER is responsible for the repair or
replacement of PROVIDER'S property and �vill ineoice the USER for the damages.
USER'S obligation shall be to reimburse PROVIDER for the cost of labor and
replacement of like-kind and qualiry equipment.
PROVIDER ab ees to indemnify and hold harmless USER from and against all claims,
costs, expenses(including attorney fees) and liabilities of whatever nature arising
from(i) any negligent or wrongful act or omission of PRC�VIDER, its licensees, agents,
or employees; or (ii) arising from any accident, injury, inclucling death, or damage to
any person or property occurring on the premises and caused by the negligence or
other wronb ul conduct of PROVIDER, excluding claims arising from USER'S
performance under this ab eement. This parab aph shall not act as a waiver of any tort
liabiliry caps or legal immunities that may e�st to protect the PROVIDER.
USER ab ees to indemnify and hold harmless PR(�VIDER from and against all claims,
costs, expenses(including attorney fees) and liabilities of whatever nature arising from
(i) any negligent or wrongful act of omission of USER, its licensees, agents, or
employees; or (ii) arising from any accident, injury, including death, or damage to any
person or property occurring on the premises and caused by the negligence or other
wrongful conduct of USER, excluding claims arising from PROVIDER's
performance under this a�eement.
INSURANCE: Bot�i USER and PROVIDER shall maintain liability insui-ance against
claims for bodily injury, death or property damage occurring on or about the
FTCenter. Such insurance shall be written on an occurrence basis with a combined
single limit of not less than $1,000,000 per occurrence. If the insurance policy is written
on a"claims-made basis," the party will maintain coeerage for a minimum of three
years past the expirati�n �f this agreement The retr�active date �f the p�licy shall be
indicated on the certificate of insLuance oudining coeerage.
In addition, both parties shall name the other party as an additional insured with
respect to its own operations on said policies of insurance. Both parties will maintain
all workeis compensation insurance required by law.
THIS C(�NTRACT AND ANY ATTACHED SCHEDULES (�R SIGNED ADDENDUMS
C(�NSTITUTES THE ENTIRE AGREEMENT BE'I"W'EEN PR(�VIDER AND USER. THE
UNDERSIGNED USER AGREES TO PURCHASE ALL HOURS OUTLINED IN THE
ATTACHMENT. NO PROVISION OF THIS AGREEMENT l�LAY BE CHANGED, �'AIVED
(�R TERI�ZINATED UNLESS D(�NE IN �URITING AND EYECUTED B� B(�TH PR(�VIDER
AND USER.
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Doc ID: fd03dbfc72b199ca2551ec498e9baf0e49a56c1f
Dated: 12 / 01 / 2022
USER: Andrew M. Almos
B�,: � � G�,"
Its: Executive Director of Business Services
ISD 728
Dated:
Approved as to form:
PROVIDER: CI'I'Y OF ELK RIVER
:
:
:
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Doc ID: fd03dbfc72b199ca2551ec498e9baf0e49a56c1f