HomeMy WebLinkAbout2004-08-25 Council Packet - Work SessionKenai
City Council
Work Session
Arctic Winter Games
August 25, 2004
KENAI, ALASKA
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone' 907-283-7535 /FAX: 907-283-3014
CITY OF KENAI
REQUEST FOR HUD GRANT FUNDS
IN THE AMOUNT OF $50,000---
PROJECT DESCRIPTION
The HUD grant funds will be used to define the scope of work and prepare bid
documents necessary for constructing improvements to the existing Kenai Ice Rink in
preparation for its functional use as a tournament sports venue, in particular for the
20013 Arctic Winter Games sponsored by the Kenai Poninsula Host Society.
The existing facility is an open-air, unheated, non-secured facility with 24-hour access.
Planned improvements to the facility will not eliminate 24-hour access and will include,
but are not necessarily limited to the following: a new lobby, new team rooms, elevated
bleachers, radiant heat and ventilation to control condensation, sprinkler system,
security cameras, and relocation of the concession and skate repair/rental areas.
In addition to clearly defining the scope of work for planned improvements to the ice rink
facility, the attached preliminary design will be transformed into a set of working plans,
an updated construction cost estimate prepared, and a description of new or changed
maintenance requirements included.
September 9, 2004/LLS
KENAI MULTI-PURPOSE FACILITY
Possible Upgrades For AWG 2006
January 28, 2004
.OPTION #1- Portable Bleachers & Elevated Platform
This option is the most inexpensive route that could possibly be undertaken and
yet accommodate the 2006 Arctic Winter Games. Bleacher space would
accommodate 300 to 400 people and be slightly elevated in order to increase
rink visibility.
No significant impact on operational costs would be realized other than routine
cleaning and maintenance.
Cost Est.
Portable Bleachers
Spectator Netting
Elevated Area (wood)
$30,000
3,000
6,500
Total $39,500
KENAi MULTI-PURPOSE FACILITY
Possible Upgrades For AWG 2006
January 28, 2004
OPTION #2 - Radiant Heat, Security Cameras (and Option #1)
This option not only accommodates the spectator space needed for the 2006
Arctic Winter Games, but also satisfies a very important aspect for the AWG
National Committee, i.e., comfort of athletes, via radiant heat above the player's
boxes. Radiant heat could also be added to the spectator area along with a
temporary wind-screen.
Security cameras could also be installed to deter vandalism at the facility.
Although this has not been a huge problem, cameras may help deter future
problems and perhaps add an element of safoty.
Although more discussion and exploration is warranted with regard to satisfying
the ventilation issue (condensation, dripping, etc.), there is a good chance that
simply removing more exterior panels (both high and Iow) may drastically
improve the situation, however, will not eliminate the problem altogether.
Spraying the interior beams with a recommended material may also help.
Kodiak's outdoor rink relies exclusively on passive ventilation (all four sides open
down Iow and up high coupled with a roof vent). To date they have only
experienced very minor problems with condensation. However, they have only
been in operation since early December, thus, it may be too early to draw any
solid conclusions. Certain exterior panels could be removed this season
(pending budget constraints) and ventilation monitored throughout this spring and
fall.
No significant operational costs would be realized, except for occasional
maintenance of the radiant heat & security cameras. The security camera
recorder is mostly self-sufficient except staff time to review tapes when needed.
Routine maintenance and materials for heaters and camera equipment is
estimated at $2,000 annually.
Cost Estimates'
Option #1 $39,500
Radiant Heat 40,000
Security Cameras 10,000
TOTAL $89,500
KENAI MULTI-PURPOSE FACILITY
Possible Upgrades For AWG 2006
January 28, 2004
OPTION #3 - Temporary Spectator/Lobby Area (and Option #2)
This option provides ali the amenities of option #2, plus a temporary, semi-
enclosed spectator area. Construction could comprise of removable wood
panels that could be erected on an as needed basis. This would primarily allow
for comfort of spectators by providing a sheltered area. Project could be done
loss oxpensiYely if only frame construction was used in conjunction with tarps.
The disadvantage of this type of temporary construction, if designed for repeated
use, is the staff time required for set-up and lack of storage while not in use.
Based on the premises of a temporary use, a sprinkler system would not be
required.
Operational costs would increase slightly for repair and maintenance work,
including periodic replacement of tarps. Personnel costs to install and remove
panels on an as needed basis would be the largest cost. Presently, there is no
protected area to store this type of set-up.
Item Cost Estimate
Option No. 2 $89,500
Temporary Construction 15,000
TOTAL COST $104,000
KENAI MULTI, PURPOSE FACILITY
Possible Upgrades For AWG 2006
January 28, 2004
OPTION//4 - Permanent Lobby/Spectator Area (ends of facility open for 24hr.
access)
The permanent area, based on current design drawings as submitted by Architects
AlaskafKlauder & Company Architects, Inc., is approximately 8,000 sq. fi. The option
provides the greatest degree of comfort for both players and spectators since the area
would be a heated environment. The addition not only enhances the architectural
appearance of the facility, but also provides a functional area for the 2006 AWG and
beyond.
The 8,000 sq. ft. may be excessive and could possibly be scaled back to around 4,000 sq~
f~., in which case the warming shacks could be placed under the bleacher area. A
substantial cost savings would probably be realized going this route instead. The
concessions and skate rental counter space could be moved against the walls or even
moved to a different location altogether (newly constructed area along the south east end
of building). The bleachers would be elevated and permanently installed during the
construction phase.
Access to the rink would remain open 24 hours via the ends of the facility. The lobby
and spectator area would subsequently be locked and secured during after-hour use.
Condensation on the dasher board glass directly facing the bleachers would be controlled
via radiant heat and passive ventilation would be used to help control rink condensation.
(a dehumidification system would only operate effectively if the facility were entirely
enclosed).
The disadvantage of this option is naturally the associated costs, both construction and
operations. If the City were to continue contracting out ice maintenance services, an
additional $1,000 to $2,000 per month could be realized primarily due to extra staffing
and janitorial. Additional utility costs would be realized at approximately $1,000 per
momh.
Cost Estimates:
Perm. Const. $1,600,000
Sprinkler System 80,000
Radiant Heat 40,000
Security Cameras 10,000
TOTAL $1,730,000
KENAI MULTI-PURPOSE FACILITY
Possible Upgrades For AWG 2006
January 28, 2004
OPTION #5- Permanent Lobby/Spectator Area and Fully Enclosed
This option includes a fully enclosed facility and is obviously the most expensive
option. Controlled access (for fee collection purposes), reliable ice, increased
control over ice maintenance costs and condensation problems are some of the
advantages of a fully enclosed facility, however, not without a price. A
permanent enclosure would require not only a dehumidification system, but also
some form of mechanical ventilation for the entire rink area, thus increasing utility
costs as well.
Aside from additional utility costs, a fully enclosed facility could eliminate after-
hour use of the facility and severely limit summer use unless staffed. Personnel
and maintenance costs throughout the winter would increase whereby higher ice
fees would be warranted. However, a facility of this nature would also open up
programming opportunities for the community, e.g., tournaments, Learn to Skate
Programs, etc.
More time and analysis would need to be given to staffing requirements and
maintenance expenses based on this type of operation and whether or not the
ice maintenance is treated separately or performed in-house. Cost estimates on
staffing and maintenance could be developed as needed.
Items
Permament Construction
Mechanical Ventilation
Sprinkler System
Dehumidifier
Radiant Heat (player's box)
Security Cameras
~ O~AL COST
Cost Estimates
$2,000,000
150,000
80,000
70,000
15,000
10,000
$2,325,000
~ WlNT~j~
~ Kenai Peninsula 2006 Arctic Winter Games Host Society
4'~,&,,41 PENSN~Ut,l~
Revenue Development Committee
President Dale Bagley
Board of Directors Members
From:
Bill Popp, Revenue Committee Chairman
Date: April 26, 2004
SuSject:
Proposed Federal Funds Disburscmen. ts
Attm:h~ is a list of proposed individual project disbursements for the $3.5~ million in
Federal funding cannark~ in the FY2004 Federal budget for the 2006 Arotic Winter
Gamcs effort. This list was developed by thc ad hoc Fcdc~al funds committee and takes
into consideration known restrictions on these funds, project readiness to receive funds
and previous discussions during past mccfin~ of the Board of Directors. I rcspccffully
request approval of thc Bored of Directors for this disbursement plan so that the
application processes necessary to obtain these fimds may begin immediat~y.
Box 1659, Soldotna, AK 99669 ~ 907-~-2006 ~ fax 907.335-3367
Proposed FY.200~.. ,.,Federal _Funds. Distribu,,tio_n_
Recreational Funds Available
Homer Hod<ev As~m)pjation
_
Rink Construction $ 400,000. O0
Total $ 400,000.00
~pf S01dotna
Refrigeration, Scoreboard
& Marquee Replacement
$ 150,000.00
Total $ 150,000.00
Sa!teshi Trails,
Trail Lighting, Equipment $ 150,000.00
& Upgrades
· Total $ 150,000.00
City of~Ke, nai
Ice Rink Upgrade $ 50.000.00
........................................................................... P_!a_ .n_.ni_ng__. & Equ~ent
Total $ 50,000,00
Total Oletribution $ ?~l),o00.OO
Transportation F.u.,,nds Available
$ 1.,000.0_00.00
Homer Hockey Ass(x:iation
Rink Parking & Road Access
$ 400.000.00
Total
$ 400.000.0O
City of Soldotna
Sports Center Parking & Access
$ 600,000.00
Total
$ 600,000.00
Total Dlet~n
$ t,000,000 ..Do
Bus Funds Available
1,600,000.0_00
KPB School Distri~
21 Activity Buses
$ 1,500,000.00
Tots]
$ 1,500,000.00
Total Distribution
~, rlt600'000'00
State_ Departmen,t, Fundin~ Avail.a.,ble
;, ~ oo.ooo, oo
Arctic Winter Games Event Planning
$ 100,000.00
Total
$ 100,000.00
T_ota. I Di~, tribution
0
0
0
X
0
0
L~_
0
0
0
0
0
0
0
0
0
0
0
0
0
0
MEMORANDUM
TO: Linda L. Snow, City Manager
FROM: Cary R. Graves, City Attorney
DATE: August 4, 2004
RE: CooperativeAgreement for the Arctic Winter Games
Here are the proposed changes to the Arctic Winter Games Cooperative Agreement we discussed
in the staff meeting. They are in legislative format.
3. Kenai Multi-Purpose Facility. Kenai agrees to negotiate in good faith with the Host Society a
use permit for the facility containing an ice fink, commonly know the Kenai Multi-Purpose
Facility, located at Kenai Spur Highway, Kenai, Alaska. [ON TERMS AND
CONDITIONS SuBSTA~ITIALLY SIMILAR TO THOSE CONTAINED IN THE
ACCOMP~~G MEMORANDUM OF AGREEMENT, ATTACHED AS EXIHIBIT A.]. It
is further agreed that Kenai agrees to negotiate in good faith with the Host Society authorization
to provide for the temporary or permanent enclosure of the Multi-Purpose Facility, and the
temporary or permanent provision of change room and shower facilities at this facility for use
during the 2006 Arctic Winter Games. Kenai may, but is not required to by this agreement,
contribute funds or in-kind contributions for this effort. Any improvements to the facility shall be
subject to advance approval by Kenai. The Host Society may, with advance
[AUTHORIZATION] approval by Kenai, remove and retain ownership of any such
improvements. If Kc. hal does not approve the..Host Society retaining.o..wnership of the
imorovements, .0.wne.rship shall_rest with Kenai..at the conclusion of the Arc.tie Winter Garne..s.
Nothing in this agreement shall be construed to convey any ownership interest in the Multi-
Purpose Facility from Kenai to any other entity.
9. [COMPL~CE] Cooperation with Borough-International Committee Contract. The Parties
acknowledge and recognize that the agreement between the Borough and the International
Committee contains numerous specific provisions regarding preparation for, staging, and
reporting requirements regarding the 2006 Arctic Winter Games. lIT IS AGREED THAT THE
PARTIES TO THIS AGREEMENT SHALL COMPLY WITH THE TERMS AND
CONDITONS OF SUCH AGREEMENT TO THE EXTENT THEY MAY APPLY TO EACH
SUCH PARTY AND SUBJECT TO THE APPROPRIATION AND AVAILABILITY OF
FUNDS AND APPROVAL OF GOVERNING BOIDES WHERE APPLICABLE, SHALL NOT
CONTRIBUTE O A BREACH OF THAT CONTRACT]. Kenai am'ees to cooperate with the
.,K,enai..Pcninsula Borough and the Host So,ciety ,i,,n implementing the provisions of the Bor0.ugh-
Intemationa! Commi~¢e Contract.
16. The Borough a~rees to name Kenai as__ an additional insured on it..s ge..n..er., .al !.iabiliW coverage
relatin~ to claims or liability .ari_,sin_~.out of ~e Host Society's use of city faciliti...es d. ,ur.'ing the
Arctic Winter Games.
DRAFT
COOPERATIVE AGREEMENT BETWEEN KENAI PENINSULA BOROUGH,
KENM PENINSULA ARCTIC WINTER GAMES 2006 HOST SOCIETY,
AND THE CITY OF KENAI
THIS AGREEMENT is entered by and between the Kenai Peninsula Borough, an
Alaskan municipal corporation, 144 N. Binkley Street, Soldotna, AK 99669 ("Borough"), Kenai
Peninsula Arctic Winter Games 2006 Host Society, P.O. Box 1659, Soldotna, AK 99669 ("Host
Society"), and the City of Kenai, an Alaskan municipal corporation, 210 Fidalgo Avenue, Suite
200, Kenai, AK 99611 ("Kenai").
WHEREAS, the Borough submitted a bid to the Arctic Winter Games International
Committee ("International Committee") to host the 2006 Arctic Winter Games; and
WHEREAS, thc Intemational Committee awarded the bid to host the 2006 Arctic Winter
Games ("Games") to the Borough and entered into an agreement with the Borough that was
executed April 16, 2003; and
WHEREAS, as a part of the bid to host the 2006 Arctic Winter Games, the Borough was
required to and did form the Host Society to prepare and fundraise for, manage, and stage the
Games in 2006; and
WHEREAS, representatives fi'om Kenai assisted in the planning and preparation of the
bid document submitted to the International Committee, and the bid document proposed that
several sporting and cultural events would be conducted within the city limits of Kenai; and
WHEREAS, the parties agree that at least one member of the board of directors of the
Host Society shall include the mayor or designee from Kenai; and
WHEREAS, the Borough is exercising nonareawide economic development powers and
its land management powers to form the Host Society and conduct the Arctic Winter Games; and
City of Ke~i "
2006 Axctic Winter Games
Page 1 of 6
WHEREAS, Kenai is a home-role municipality with all powers not prohibited by law or
its charter and has the authority to sponsor sporting events, provide for economic development,
and authorize the use of municipal property; and
WHEREAS, Kenai owns facilities that the parties intend to use in support of the effort to
prepare for, manage, and conduct the 2006 Arctic Winter Games; and
WHEREAS, pursuant to AS 29.35.010(13), all municipalities may enter into an
agreement for cooperative administration of any function or power with another municipality;
NOW, THEREFORE, THE PARTIES DO HEREBY AGREE AS FOLLOWS-
1. Coopera...ti. ye Administration. The Borough and Kenai hereby agree to cooperatively
administer the exercise of economic development powers, recreation powers held by Kenai, and
land use powers held by both parties, to provide for the preparation and staging of the 2006
Arctic Winter Games, subject to the terms and conditions of this agreement, other agreements
that are incorporated hereto by reference, and any agreements that may be entered into between
the parties in the future concerning fostering or staging the 2006 Arctic Winter Games.
2. Board of Directors Members. The parties agree that at least one member of the Host
Society board of directors and an alternate for that board member shall be the mayor or designee
of Kenai.
3. Kenai Multi-Purpose Facility. Kenai agrees to negotiate in good faith with the Host
Society a use permit for the facility containing an ice rink, commonly known as the Kenai Multi-
Purpose Facility, located at Kenai Spur Highway, Kenai, Alaska, on terms and
Conditions substantially similar to those contained in the accompanying Memorandum of
Agreement, attached as Exhibit A. It is further agreed that Kenai agrees to negotiate in good
faith with the Host Society authorization to provide for the temporary or permanent enclosure of
the Multi-Purpose Facility, and the temporary or permanent provision of change room and
shower facilities at this facility for use during the 2006 Arctic Winter Games. Kenai may, but is
not required to by this agreement, contribute funds or in-kind contributions for this effort. Any
improvements to the facility shall be subject to advance approval by Kenai. The Host Society
City ofK"enai" '
2006 Arctic Winter Games
Page 2 of 6
may, with advance authorization by Kenai, remove and retain ownership of any such
improvements. Nothing in this agreement shall be construed to convey any ownership interest in
the Multi-Purpose Facility from Kenai to any other entity.
4. Office Space. Kenai agrees to provide office space to the Host Society at the PRISM
facility located at
agreement dated the~ day of
and incorporated by reference.
'.m Kenai pursuant to the lease
i "' a copy of which is attached
5. Authority to Override Hos.t..Society A.etions. The parties agree that the Borough has
the authority to override the actions of the Host Society as provided in paragraph 2 of the
contract between the Borough and the Host Society dated the 19th day of September, 2003 and as
provided in paragraph 36 of the contract between the Borough and the International Committee.
It is further agreed that, pursuant to the agreement between the Borough and the International
Committee, Kenai shall have the authority to make formal recommendations to the Borough to
override actions of the Host Society in the best interests of the 2006 Arctic Winter Games, and
that the Borough shall consider such recommendations when making any such decision to
control the activities'of the Host Society.
6. Security. Kenai agrees to negotiate with the Host Society to provide reasonable
police protection and security to the extent needed within the City of Kenai during the 2006
Games.
7. No Other Competitive Sporting Events. Kenai agrees that it will not authorize the
use of any of its property for competitive sporting events to be held at the same time as are the
2006 Arctic Winter Games as prohibited in paragraph 13 of the agreement between the Borough
and International Committee.
8. Ope.ning and.Closing Ceremonies. Kenai agrees that its mayor or designee will
attend the opening and closing ceremonies for the 2006 Arctic Winter Games as required by the
contract between the Borough and the Imemafional Committee executed April 16, 2003.
~ity of I~enai .......................... Page 3"~f6
2006 Arctic Winter Games
9. Compliance with Boro. ugh- International Committee Con.tract. The parties
acknowledge and recognize that the agreement between the Borough and the International
Committee contains numerous specific provisions regarding preparation for, staging, and
reporting requirements regarding the 2006 Arctic Winter Games. It is agreed that the parties to
this agreement shall comply with the terms and conditions of such agreement to the extent they
may apply to each such party and, subject to the appropriation and availability of funds and
approval of governing bodies where applicable, shall not contribute to a breach of that contract.
10. Future Agreements. It is recognized that additional agreements may be entered in
the future between Kenai, the Host Society, and/or the Borough in order to effectuate the intents
and purposes of the contract between the Borough and the International Committee to
successfully manage and stage the 2006 Arctic Winter Games. The parties agree to cooperate
with each other for the successful staging of such games.
11. Logo. It is agreed and understood that the 2006 Arctic Winter Games logo and name
are the property of the International Committee and shall only be used in the manner authorized
by the agreement between the Borough and the International Committee executed on April 16,
2003.
12. Termination. In the event that any party materially breaches the terms or conditions
of this contract, it is agreed that any nonbreaching party may provide 30 days' notice of the
breach to the breaching party and an opportunity to cure. In the event that a breaching party fails
to cure the breach within the time provided, then any nonbreaching parties will be entitled to any
and all remedies available at law and equity.
13. Venue. Venue for any dispute relating to this agreement shall be in the superior
court for the State of Alaska at Kenai. This agreement shall be construed according to the laws
of the State of Alaska.
14. Severability. Should any clause of this agreement be deemed unenforceable by a
court of competent jurisdiction, the remainder of the agreement shall remain in full force and
City of Kenai
2006 Arctic Winter Games
P'age 4 of 6
II
effect, and the unenforceable clause shall be revised to the extent possible to effect the intent of
the parties in entering this agreement.
15. In~tegration: This agreement, and the agreements attached hereto and/or incorporated
by reference, form the agreement between the parties. No verbal statement shall be construed to
modify this agreement. Any future amendments to this agreement shall be in writing signed by
all parties.
KENAI PENINSULA ARCTIC WINTER GAMES 2006 HOST SOCIETY
Dave Carey''Vice'President
KEN~ PENINS~A BOROUGH
Dale Bagley,- May0r
CITY OF KENAI
Linda Snow, Manager"f'g'r the City of Kenai
ACKNOWLEDGEMENTS
STATE OF ALASKA
THIRD JUDICIAL DISTRICT
The foregoing instrument was acknowledged before me this . day of 2003, by
Dave Carey, Vice-President of Kenai Peninsula Arctic Wintel Games 2006 Ho~t Society, an
Alaskan corporation, for and on behalf of the corporation.
Notary Public for State of Alaska
My Commission Expires:
City ofKenai ......
2006 Arctic Winter Games
1
page5 of 6
STATE OF ALASKA
THIRD JUDIC~L DISTRICT
The foregoing instrument was acknowledged before me this_____ day of
2003, by Dale Bagley, Mayor of the Kenai Peninsula Borough, an Alaska municipal corporation,
for and on behalf of.the corporation.
--
Notary Public for State of Alaska
My Commission Expires:
STATE OF ALASKA
THIRD JUDICIAL DISTRICT
The foregoing instrument was acknowledged before me this . day of.. 2003, by
Linda Snow, City Manager for the City of Kenai, an Alaskan municipal corporation, for and on
behalf of the corporation.
I
Notary Public fo~ State. of Alaska
My Commission Expires: .........
~iy-0f Kenai
2006 Arctic Winter Games
Page 60f~
~ i i i iii i i i ' Il I
EAST ELEVATION
,~-',,~ '
BUILDING SECTION,
1~'= 1'-0'
Kenai Multi-Purpose ]Zacility C~bh ouse
Prelimina~. D~i~
.
Architects Alask~._._ / Klauder & Company Architects, Inc.
Associated Arch itects
-.
.-
STORAGE
i I
LOBBY
MAIN LEVEL FLOOR PLAN, FOR ARCTIC WINTER GAMES
Kenai Multi-Purpose Facili~. Clubhouse
Prelimina~, Design
FLOOR PLAN, AFTER ACTIC WINTER GAMES.~~~~..~
MAIN
LEVEL
1118' · 1'-0'
Architects ~laska /Klauder & Company Architects, Inc.
~ Associated Architect~'
Carol Freas
From'
Sent:
TO'
Cc:
Subject:
Linda Snow
Monday, August 23, 2004 2:01 PM
Blaine Gilman (E-mail); James C. Bookey III (E-mail); Joe Moore (E-mail); John J. Williams
(E-mail); Linda Swarner (E-mail); Pat Porter (E-mail); Rick Ross (E-mail)
Cary Graves; Carol Freas
Arctic Winter Games
Mayor and Councilors:
Attached please find a copy of the draft Cooperative Agreement between the Kenai Peninsula Borough, the
Arctic Winter Games Host Society, and the City of Kenai. Also included in the attachment is a memo from City
Attorney Graves describing our proposed changes to the Agreement. Our proposed changes have been sent to
the Borough Attorney, Colette Thompson, for her review. Ms. Thompson indicated that she didn't see any
significant problems at the time, but she wanted to mn the changes by the Host Society board. As soon as this
process is complete, the cooperative agreement will be submitted to Council for your approval.
This information may be helpful as background prior to the work session scheduled with members of the Host
Society Wednesday, August 25th, at 7'00 pm in City Council Chambers. Please let me know if there is other
information you would like prior to the work session.
AWG
Agreement.pdf
Linda L. Snow, City Manager
City of Kenai Alaska
MEMORANDUM
TO:
FROM:
DATE:
RE:
Linda L. Snow, City Manager
Cary R. Graves, City Attorney
August 4, 2004
Cooperative Agreement for the Arctic Winter Games
Here are the proposed changes to the Arctic Winter Games Cooperative Agreement we discussed
in the staff meeting. They are in legislative format.
3. Kenai Multi-P,urpose Fac, ility, Kenai agrees to negotiate in good faith with the Host Society a
use permit for the facility containing an ice rink, commonly know the Kenai Multi-Purpose
Facility, located at Kenai Spur Highway, Kenai, Alaska. [ON TERMS AND
CONDITIONS SUBST/~rrlALLY SIMILAR TO THOSE CONTAINED 131 THE
ACCOMPANYING MEMORANDUM OF AGREEMENT, ATTACHED AS EXIHIBIT A.]. It
is fimher agreed that Kenai agrees to negotiate in good faith with the Host Society authorization
to provide for the temporary or permanent enclosure of the Multi-Purpose Facility, and the
temporary or permanent provision of change room and shower facilities at this facility for use
during the 2006 Arctic Winter Games. Kenai may, but is not required to by this agreement,
contribute funds or in-kind contributions for this effort. Any improvements to the facility shall be
subject to advance approval by Kenai. The Host Society may, with advance
[AUTHORIZATION] a~roval by Kenai, remove and retain ownership of any such
improvements. If K.e.n. ai does not approve the Host Society_retaining. ownership of ~e
im~rovemen~.s,..0.wn., ership shal!rest with Kenai at the conclus~ion of the ArC.tie-Winter Gam. e.s..
Nothing in this agreement shall be construed to convey any ownership interest in the Multi-
Purpose Facility from Kenai to any other entity.
9. [COMPLIANCE] Cooperation with Borough-International Committee Contract. The Parties
acknowledge and recognize that the agreement between the Borough and the International
Committee contains numerous specific provisions regarding preparation for, staging, and
reporting requirements regarding the 2006 Arctic Winter Games. [IT IS AGREED THAT THE
PARTIES TO THIS AGREEMENT SHALL COMPLY WITH THE TERMS AND
CONDITONS OF SUCH AGREEMENT TO THE EXTENT THEY MAY APPLY TO EACH
SUCH PARTY AND SUBJECT TO THE APPROPRIATION AND AVAILABILITY OF
FUNDS AND APPROVAL OF GOVERNING BOIDES WHERE APPLICABLE. SHALL NOT
CONTRIBUTE O A BREACH OF THAT CONTRACT]. Kcnai agrees to cooperate wiO the
.,.K,..enai Peninsula Borough and the Host So,,cie _ty in imtflementin~ the provisions of the Borou?_.h-
Intemationa! Co .mmitteeCon~ct.
16. The Borough...a. _gre....e..s to name Ken..a.i ~, ,an additj,,onal, i, nsured on its general liability coverage
relating to claims or 1,i ab i l ,i, , ,t, ,¥ ar.i, 'sin_~ out_of..th.e Host SOciety's.. use of city fac_ilities d_ ~urin_~ the
Arctic Winter G ~ames.~
DRAFT
COOPERATIVE AGREEMENT BETWEEN KENAI PENINSULA BOROUGH,
KENAI PENINSULA ARCTIC WINTER GAMES 2006 HOST SOCIETY,
AND THE CITY OF KENAI
THIS AGREEMENT is entered by and between the Kenai Peninsula Borough, an
Alaskan municipal corporation, 144 N. Binkley Street, Soldotna, AK 99669 ("Borough"), Kenai
Peninsula Arctic Winter Games 2006 Host Society, P.O. Box 1659, Soldotna, AK 99669 ("Host
Society"), and the City of Kenai, an Alaskan municipal corporation, 210 Fidalgo Avenue, Suite
200, Kenai, AK 99611 ("Kenai").
WHEREAS, the Borough submitted a bid to the Arctic Winter Games Intemational
Committee ("International Committee") to host the 2006 Arctic Winter Games; and
WHEREAS, thc Intcmational Committee awarded thc bid to host the 2006 Arctic Winter
Games ("Games") to the Borough and entered into an agreement with the Borough that was
executed April 16, 2003; and
WHEREAS, as a part of the bid to host the 2006 Arctic Winter Games, the Borough was
required to and did form the Host Society to prepare and fundraise for, manage, and stage the
Games in 2006; and
WHEREAS, representatives from Kenai assisted in the planning and preparation of the
bid document submitted to the International Committee, and the bid document proposed that
several sporting and cultural events would be conducted within the city limits of Kcnai; and
WHEREAS, the parties agree that at least one member of the board of directors of the
Host Society shall include the mayor or designee from Kenai; and'
WHEREAS, the Borough is exercising nonareawide economic development powers and
its land management powers to form the Host Society and conduct the Arctic Winter Games; and
city of Ke~i
2006 Arctic Winter Games
Page 1 of 6
WHE~AS, Kenai is a home-role municipality with all powers not prohibited by law or
its charter and has the authority to sponsor sporting events, provide for economic development,
and authorize the use of municipal property; and
WHEREAS, Kenai owns facilities that the parties intend to use in support of the effort to
prepare for, manage, and conduct the 2006 Arctic Winter Games; and
WHEREAS, pursuant to AS 29.35.010(13), all municipalities may enter into an
agreement for cooperative administration of any function or power with another municipality;
NOW, THEREFORE, THE PARTIES DO HEREBY AGREE AS FOLLOWS'
1. C0operat. i. ve Administration. The Borough and Kenai hereby agree to cooperatively
administer the exercise of economic development powers, recreation powers held by Kenai, and
land use powers held by both parties, to provide for the preparation and staging of the 2006
Arctic Winter Games, subject to the terms and conditions of this agreement, other agreements
that are incorporated hereto by reference, and any agreements that may be entered into between
the parties in the furore concerning fostering or staging the 2006 Arctic Winter Games.
2. Board of Directors Members. The parties agree that at least one member of the Host
Society board of directors and an alternate for that board member shall be the mayor or designee
of Kenai.
3. Kenai Multi-Purpose Facility. Kenai agrees to negotiate in good faith with the Host
Society a use permit for the facility containing an ice rink, commonly known as the Kenai Multi-
Purpose Facility, located at . Kenai Spur Highway, Kenai, Alaska, on terms and
conditions substantially similar to those contained in the accompanying Memorandum of
Agreement, attached as Exhibit A. It is further agreed that Kenai agrees to negotiate in good
faith with the Host Society authorization to provide for the temporary or permanent enclosure of
the Multi-Purpose Facility, and the temporary or permanent provision of change mom and
shower facilities at this facility for use during the 2006 Arctic Winter Games. Kenai may, but is
not required to by this agreement, contribute funds or in-kind contributions for this effort. Any
improvements to the facility shall be subject to advance approval by Kenai. The Host Society
~ity of Kenai ........................ Page 2 of 6
2006 Arctic Winter Games
[i [[
may, with advance authorization by Kenai, remove and retain ownership of any such
improvements. Nothing in this agreement shall be construed to convey any ownership interest in
the Multi-Purpose Facility from Kenai to any other entity.
4. Office Space. Kenai agrees to provide office space to the Host Society at the PRISM
facility located at
agreement dated the____ day of
and incorporated by reference.
in Kenai pursuant to the lease
...... i ' , a copy of which is attached
5. Authority to Ov...erride Hos.t..Society Actions. The parties agree that the Borough has
the authority to override the actions of the Host Society as provided in paragraph 2 of the
contract between the Borough and the Host Society dated the 19th day of September, 2003 and as
provided in paragraph 36 of the contract between the Borough and the International Committee.
It is further agreed that, pursuant to the agreement between the Borough and the International
Committee, Kenai shall have the authority to make formal recommendations to the Borough to
override actions of the Host Society in the best interests of tho 2006 Arctic Winter Games, and
that the Borough shall consider such recommendations when making any such decision to
control the activities of the Host Society.
6. Security. Kenai agrees to negotiate with the Host Society to provide reasonable
police protection and security to the extent needed within the City of Kenai during the 2006
Games.
7. Ne. Other Competitive Spo.rt.i.n.g Events. Kenai agrees that it will not authorize the
use of any of its property for competitive sporting events to be held at the same time as are the
2006 Arctic Winter Games as prohibited in paragraph 13 of the agreement between the Borough
and International Committee.
8. Opening and.Closing Ceremonies. Kenai agrees that its mayor or designee will
attend the opening and closing ceremonies for the 2006 Arctic Winter Games as required by the
contract between the Borough and the International Committee executed April 16, 2003.
City of I~enai '
2006 Arctic Winter Games
'" ?a~e 3"0f-6
9. Compliance with Borough- International Committee Con.trac_t. The parties
acknowledge and recognize that the agreement between the Borough and the International
Committee contains numerous specific provisions regarding preparation for, staging, and
reporting requirements regarding the 2006 Arctic Winter Games. It is agreed that the parties to
this agreement shall comply with the terms and conditions of such agreement to the extent they
may apply to each such party and, subject to the appropriation and availability of funds and
approval of governing bodies where applicable, shall not contribute to a breach of that contract.
10. Future Agreements. It is recognized that additional agreements may be entered in
the future between Kenai, the Host Society, and/or the Borough in order to effectuate the intents
and purposes of the contract between the Borough and the International Committee to
successfully manage and stage the 2006 Arctic Winter Games. The parties agree to cooperate
with each other for the successful staging of such games.
11. Logo. It is agreed and understood that the 2006 Arctic Winter Games lOgo and name
are the property of the International Committee and shall only be used in the manner authorized
by the agreement between the Borough and the International Committee executed on April 16,
2003.
12. Termination. In the event that any party materially breaches the terms or conditions
of this cOntract, it is agreed that any nonbreaching party may provide 30 days' notice of the
breach to the breaching party and an opportunity to cure. In the event that a breaching party fails
to cure the breach within the time provided, then any nonbreaching parties will be entitled to any
and all remedies available at law and equity.
13. Venue. Venue for any dispute relating to this agreement shall be in the superior
court for the State of Alaska at Kenai. This agreement shall be construed according to the laws
of the State of Alaska.
14. Severability. Should any clause of this agreement be deemed unenforceable by a
court of competent jurisdiction, the remainder of the agreement shall remain in full force and
City oi' Kenai
2006 Axctie Winter Games
Page'4 o'f 6
effect, and the unenforceable clause shall be revised to the extent possible to effect the intent of
the parties in entering this agreement.
15. In~tegration: This agreement, and the agreements attached hereto and/or incorporated
by reference, form the agreement between the parties. No verbal statement shall be construed to
modify this agreement. Any future amendments to this agreement shall be in writing signed by
all parties.
KENAI PENINSULA ARCTIC WINTER GAMES 2006 HOST SOCIETY
Dave carey' 'Vice'P~esident
KEN~ PENINSULA BOROUGH
Dale Bagley, Mayor
CITY OF KENAI
Linda'S'~aow, Manager'~O}' the City of Kenai
ACKNOWLED,GEMENT~
STATE OF ALASKA
THIRD JUDICIAL DISTRICT
The foregoing instrument was acknowledged before me this day of 2003, by
Dave Carey, Vice-President of Kenai Peninsula Arctic Wintex~ Games 2006 H"osi SOciety, an
Alaskan corporation, for and on behalf of the corporation.
Notary Public for State of Alaska
My Commission Expires:
CitY °f'Kenai ....... ' ....... ! '" Page '5 of 6
2006 Amtie Winter Games
STATE OF ALASKA
THIRD JUDICIAL DISTRICT
The foregoing instrument was acknowledged before me this_ day of
2003, by Dale Bagley, Mayor ofthe Kenai Peninsula Borough, an Alaska municipal corporation,
for and on behalf of the corporation.
Notary Public for State of Alaska
My Commission Expires: ............
STATE OF ALASKA
THIRD JUDICIAL DISTRICT
The foregoing instrument was acknowledged before me this . day of .... 2003, by
Linda Snow, City Manager for the City of Kenai, an Alaskan municipal corporaticm, for and on
behalf of the corporation.
NOtary Public fo~ State of Alaska
My Commission Expires:
City of Kenai ................................ Page 6 Of ~
2006 Arctic Winter Games