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4.7b SR 04-17-2023 Request for Action To Item Number Mayor and Council 4.7b Agenda Section Meeting Date Prepared by Consent April 17, 2023 Tim Dalton, FT Center Superintendent Item Description Reviewed by Furniture and Things Community Event Center Cal Portner, City Administrator Ice and Facility Use Agreement: Two Brothers Reviewed by Hockey Action Requested Approve, by motion, a three-and-a-half-year ice purchase and facility use agreement with Two Brothers Hockey, a local hockey training company. Background/Discussion Ben Jaremko, the owner of Two Brothers Hockey operates training programs out of the FT Center and approached us about a multi-year contract for ice and turf use. In addition, Two Brothers operates a training facility in our leased space adjacent to the fieldhouse, subleasing from iBackCheck Sport Therapy. His programs operate year round, often utilizing off-peak ice. Two Brothers programs have grown significantly over the past two years, and they anticipate continued future expansion to their programs. The Multipurpose Facility Advisory Commission reviewed and approved this contract on April 10, 2023. Financial Impact Optimizing underutilized ice and turf helps the FT Center achieve its budgetary goals. Mission/Policy/Goal Establishing relationships with growing programs helps the FT Center meet the needs of our community. Attachments  Agreement The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity. Furniture and Things Community Event Center Contract Two Brothers Hockey 2023-2026 (3.5 Year) This ice facility use agreement (Agreement) is made and entered into this ___ day of ____________, 2023, between the City of Elk River, a Minnesota municipal corporation, herein after referred to as (PROVIDER) and Two Brothers Hockey, a hockey training organization, herein after referred to as (USER). PROVIDER and USER agree to the following use of ice skating facilities within the Furniture and Things Community Event Center (FT Center) located at 1000 School Street, Elk River, MN 55330 for the period of January 1, 2023, through August 31, 2026. 1. SCHEDULE OF TIME: a. PROVIDER 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 representatives. 2. RATES: a. USER agrees to pay the following rates for FT Center usage: PARTIAL YEAR January 1, 2023, through August 31, 2023. $ 235 Prime Hourly Ice Rate $ 125 6 a.m. to 10 a.m. School Year Weekday Ice (Breakfast Club) $ 175 Off-peak Hourly Ice Rate $ 2,000 Unreserved Turf Access Fee YEAR ONE 2023-2024 September 1, 2023, through August 31, 2024. $ 240 Prime Hourly Ice Rate $ 135 6 a.m. to 10 a.m. School Year Weekday Ice (Breakfast Club) $ 180 Off-peak Hourly Ice Rate $ 4,000 Annual Unreserved Turf Access Fee (Option to renew annually) Estimated Annual Contract Costs School Year Morning Weekday Ice (90 Hours) $ 12,150 Prime Ice (45 Hours) $ 10,800 Off Peak Ice (65 Hours) $ 11,700 Annual Unreserved Turf Access Fee $ 4,000 TOTAL $ 38,650 YEAR TWO 2024-2025 September 1, 2024, through August 31, 2025. $ 245 Prime Hourly Ice Rate $ 140 6 a.m. to 10 a.m. School Year Weekday Ice (Breakfast Club) $ 185 Off-peak Hourly Ice Rate $ 4,250 Annual Unreserved Turf Access Fee Estimated Contract Costs School Year Morning Weekday Ice (90 Hours) $ 12,600 Prime Ice (45 Hours) $ 11,025 Off Peak Ice (65 Hours) $ 12,350 Annual Unreserved Turf Access Fee (Option to renew annually) $ 4,250 TOTAL $ 39,900 YEAR THREE 2025-2026 September 1, 2026, through August 31, 2026. $ 250 Prime Hourly Ice Rate $ 145 6 a.m. to 10 a.m. School Year Weekday Ice (Breakfast Club) $ 190 Off-peak Hourly Ice Rate $ 4,500 Annual Unreserved Turf Access Fee Estimated Contract Costs School Year Morning Weekday Ice (90 Hours) $ 13,050 Prime Ice (45 Hours) $ 11,250 Off Peak Ice (65 Hours) $ 12,350 Annual Unreserved Turf Access Fee (Option to renew annually) $ 4,500 TOTAL $ 41,150 3. PRIME HOURS: Prime and Non-Prime Hours are described as follows: a. Prime Hours: i. After 2:00pm Monday thru Friday, September 1-March 15. ii. All hours on Saturday and Sunday and non-school days, September 1- March 15. b. Off-Peak Hours: i. All hours March 16 through August 31. ii. 5:00am-1:59pm on school days. 4. SERVICES: 2 a.PROVIDER agrees to provide a usable ice surface, secure and clean locker facilities, parking facilities and, on the day of games, FT Center seating for spectators. In addition, on game dates, PROVIDER shall provide appropriate management, Zamboni driver(s) and any cleanup/maintenance staff required by the USER. The USER shall provide ticket seller(s), time/score keeper(s), penalty box attendant(s) and security staff. All USER staffing of games to be reviewed and approved by the PROVIDER. b. The USER shall be responsible for the complete repair of any damage to any locker room or other space within the FT Center that is damaged while being utilized by the USER. 5. FT CENTER ACCESS: a. Keys and/or electronic access cards to the FT Center and/or locker rooms are the exclusive property of the PROVIDER and will be issued as deemed necessary by the FT access cards must be signed for at the beginning of each season and returned no later than two weeks after the last day of the season. Keys and/or electronic access cards may not be duplicated by Duplication of keys and/or electronic access cards or other security breaches may be considered a breach of this Agreement and, in addition to other remedies, may result in restriction or loss of after-hours access privileges. If PROVIDER determines that a breach of security has resulted due to a violation of this paragraph PROVIDER may change the locks or change electronic access codes to the FT Center at 6. USE OF FACILITIES: a. PROVIDER will allow USER reasonable limited access to and use of the meeting rooms and other facility spaces for team activities. A Two Brothers adult coach or trainer must be always present during any use facility use support staff shall have use of appropriate space, as determined by the PROVIDER. The USER shall pay for any use of FTCenter facilities at the standard rental rates, as determined by the PROVIDER. b. Annual Unreserved Turf Access Fee. In exchange for the specified annual fee, the USER will have the ability to utilize the Turf Area for training purposes. All Unreserved Turf Area Use by the USER must be approved with PROVIDER in advance and is subject to availability. PROVIDER has discretion to assign use of space or to modify space assignments to accommodate other priority or paid users. USER agrees to keep the facilities in a clean and orderly condition and in at least 3 actual costs of cleanup as determined by PROVIDER if the PROVIDER determines the ancillary use required additional cleaning service. 7. PAYMENTS: a. PROVIDER shall bill USER on a monthly basis by submitting an itemized list of hourly practice, game ice, and room usage 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 and game ice usage at the rate agreed to. 8. CANCELLATIONS: a. PROVIDER may cancel this Agreement for any material default by the USER in terms of this Agreement. PROVIDER may also reschedule the dates or times of the scheduled ice usage upon five days written notice to the USER. PROVIDER 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 mes or USER may cancel and promptly receive a return of any fees paid. 9. ASSIGNMENT: a. If scheduled ice time cannot be used by the USER, they shall promptly 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 their scheduled time. 10. RULES AND REGULATIONS: a. USER agrees 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: a. USER recognizes that it does not have rights to post any signs without the express written consent of PROVIDER. Any signs so consented to shall conform to and be consistent with the sign usage policy of PROVIDER and be subject to PROVIDER review and approval. PROVIDER will allow placement of a temporary sandwich sign and a temporary Logo to be displayed in the front lobby area. 4 12. LIABILITY: a. USER acknowledges that PROVIDER has not asserted or accepted any responsibili activities. USER shall be solely responsible to provide 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. PROVIDER shall be solely responsible for the action of its employees, agents, and invitees. b. USER assumes all risks of personal injury arising from its usage of the FT Center 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 PROVIDER 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 review the damage before repairs are made. property and will invoice to reimburse PROVIDER for the cost of labor and replacement of like-kind and quality equipment. c. 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 wrongful act or omission of PROVIDER, 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 PROVIDER, excluding claims . This paragraph shall not act as a waiver of any tort liability caps or legal immunities that may exist to protect the PROVIDER. d. USER agrees to indemnify and hold harmless PROVIDER 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 13. INSURANCE: a. Both USER and PROVIDER shall maintain liability insurance 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 5 not less than $1,000,000 per occurrence. If the insurance policy is written on a -made basis the party will maintain coverage 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 insurance outlining coverage. b. 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 compensation insurance required by law. THIS CONTRACT AND ANY ATTACHED SCHEDULES OR SIGNED ADDENDUMS CONSTITUTES THE ENTIRE AGREEMENT BETWEEN PROVIDER AND USER. THE UNDERSIGNED USER AGREES TO PURCHASE ALL HOURS OUTLINED IN THE ATTACHMENT. NO PROVISION OF THIS AGREEMENT MAY BE CHANGED, WAIVED OR TERMINATED UNLESS DONE IN WRITING AND EXECUTED BY BOTH PROVIDER AND USER. Dated: ______________________ USER: By: Its: Dated: _______________________ PROVIDER: CITY OF ELK RIVER By: By: 6