HomeMy WebLinkAboutRes2020-004 Sponsored by: Meszaros
CITY OF SEWARD,ALASKA
RESOLUTION 2020-004
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER
INTO AN AGREEMENT WITH THE BOYS & GIRLS CLUB IN
THE AMOUNT OF$170,000, AND APPROPRIATING FUNDS
WHEREAS, Seward Parks & Recreation is responsible for organizing and coordinating
various recreational programs for individuals of all ages within the City of Seward, and;
WHEREAS, quality youth programs and services are essential to the health and well-
being of Seward youth and families, and;
WHEREAS, the Boys & Girls Club has the expertise and experience to provide such
services and is willing to do so in accordance with the terms and conditions of this Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEWARD,ALASKA that:
Section 1. In consideration of the mutual covenants, conditions, promises, and
agreements set forth herein, the city manager is hereby authorized to approve the attached
agreement between Seward Parks & Recreation and the Boys & Girls Club of the Kenai
Peninsula beginning February 1, 2020.
Section 2. Funding in the amount of$170,000 annually for this contract will come from
the Parks&Recreation account no. 01000-1430-7009 Contracted Services.
Section 3.This resolution shall take effect immediately upon adoption.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this
13'h day of January, 2020.
T T OF EWARD SKA
hr' ty Terry, ayor
AYES: Osenga, McClure, Butts, Baclaan, Terry
NOES: None
111 ABSENT: Seese, Lane
ABSTAIN: None
CITY OF SEWARD, ALASKA
RESOLUTION 2020-004
ATTEST:
Brenda J. a o , MMC
City Clerk
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(City S, OF SFp
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COUNCIL AGENDA STATEMENT
Meeting Date: January 13, 2020
To: City Council
From: Scott Meszaros, City Manager
Agenda Item: Agreement between Seward Parks & Recreation and Boys & Girls Club
BACKGROUND & JUSTIFICATION:
Quality youth programs are essential to the health and well-being of Seward youth and families.
Seward Parks & Recreation is responsible for organizing and coordinating various recreational
programs for individuals of all ages within the City of Seward.
INTENT:
To provide Boys & Club the funds necessary to operate an effective youth services program.
CONSISTENCY CHECKLIST: Yes No N/A
Comprehensive Plan (document source here): x
Strategic Plan (document source here) : x
Other (list): x
FISCAL NOTE: Seward Parks & Recreation will provide the Boys & Girls Club $170,000 on
an annual basis effective February 2020 for services performed under the attached agreement.
The current 2020/2021 TYC budget includes $172,079 and $176,025 respectively in personnel
costs that will cover the cost of this agreement.
Approved by Finance Department: Yes (S. Hickok)
ATTORNEY REVIEW: Yes x No Not Applicable
RECOMMENDATION:
City Council approve Resolution 2020- 004 authorizing the City Manager to enter into an
agreement with the Boys & Girls Club in the amount of$170,000 and appropriating funds.
45
v -
Memorandum of Agreement
between
Seward Parks & Recreation
and
Boys & Girls Club
THIS MEMORANDUM OF AGREEMENT ("Agreement") is entered into on February 1, 2020, by and
between Seward Parks& Recreation ("SPR") and the Boys &Girls Clubs of the Kenai Peninsula ("BGC).
WHEREAS, SPR is responsible for organizing and coordinating various recreational programs for
individuals of all ages within the City of Seward ("City"), and;
WHEREAS,quality youth programs and services are essential to the health and well-being of Seward youth
and families, and;
WHEREAS, BGC has the expertise and experience to provide such services and is willing to do so in
accordance with the terms and conditions of this Agreement;
NOW,THEREFORE, in consideration of the mutual covenants, conditions, promises, and agreements set
forth herein, it is agreed by and between SPR and BGC as follows:
SPR OBLIGATIONS:
1. Payment. SPR shall pay BGC$170,000 annually for all services performed under this Agreement,
to be billed quarterly.
2. Facilities. SPR shall provide BGC dedicated space to operate programs. The spaces to be used by
BGC pursuant to this agreement shall be the facilities known as the Teen Youth Center and The
Rec Room ("Facilities") located at 336 3r6 Ave, Seward,AK 99664.
SPR shall be responsible for:
a. Utilities
b. Trash collection service
c. Maintenance and repair
d. Custodial services
e. Telephone line service
3. Vehicle. SPR shall donate a van to BGC to be used for the transportation of program participants.
SPR shall be responsible for all costs associated with transferring vehicle ownership.
4. Management. SPR shall work with BGC on program implementation, evaluation, and oversight.
BGC OBLIGATIONS:
1. General Requirements. BGC shall develop and provide comprehensive youth programs for Seward
youth ages*5-18(*5-year-olds as developmentally appropriate and at BGC's discretion), including
after-school activities for a minimum of five days per week and three hours per day. BGC shall
also provide periodic and seasonal programs to include but not limited to: day and summer
camps, evening and weekend activities, and special events.
2. Eligibility & Costs. BGC can charge a fee for participation in any programs and/or services it
provides. BGC shall make a substantial portion of its programs or facilities available at little or no
cost to Seward families with demonstrated need. Although basic membership fees may be
required for many Seward residents, participation in BGC programs shall not be denied solely on
the basis of financial hardship.
3. Facilities. BGC shall operate programs at the Facilities.Any modifications and/or alterations to the
Facilities are subject to approval by SPR.
4. Supplies. BGC shall furnish operating supplies and materials at its own expense.
5. Staffing. BGC shall maintain adequate staffing to manage and facilitate programs year-round,
including at least 2 full-time employees.
6. Reporting. BGC shall provide SPR quarterly and annual reports in the following format:
Quarterly Reports
a. Number of participants served
b. Description of programs/activities offered
c. Number of participants receiving scholarship funds
d_ Summary of impact on target population,e.g.,community indicators,customer feedback,
staff observations, etc.
Annual Reports
a. Annual summary of quarterly metrics
b. Lessons learned based on reported impacts and what, if any, changes will be enacted in
response to those outcomes.
c. Program revenues and costs, including memberships,staffing, operations, etc.
7. Promotion. BGC shall cooperate with SPR to publicly recognize this partnership and funding.Such
recognition may take the form of press releases, photos, social media posts, and
facility/equipment signage.
8. Management. BGC shall work with SPR on program implementation, evaluation, and oversight.
TERM. This Agreement shall begin on February 1, 2020 and will automatically renew on a year to year
basis unless terminated as provided below.
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TERMINATION. This Agreement may be terminated by either party without cause upon 30 days' written
notice to the other party. In the event of termination, all finished or unfinished documents,
reports, or other material or work of BGC pursuant to this Agreement shall be submitted to SPR,
and BGC shall be entitled to just and equitable compensation on a prorated basis for any
satisfactory work completed prior to the date of termination.
COMPLIANCE WITH LAWS. BGC shall be familiar with and at all times comply with and observe all
applicable federal, state and local laws, ordinances, rules, regulations, and executive orders, all
applicable safety orders, all orders or decrees of administrative agencies, courts, or other legally
constituted authorities having jurisdiction or authority over BGC, the City, or the service which
may be in effect now or during performance of the services. Contractor shall have a Seward and
State of Alaska Business License.
INDEMNITY. BGC shall indemnify, defend, and hold and save the City, its officers, agents and employees
harmless from any claims or liability of any nature or kind including costs and expenses (including
attorneys' fees), for or on account of any and all legal actions or claims of any character
whatsoever alleged to have resulted from injuries or damages sustained by any person or persons
or property(including contract rights or intangible assets)and arising from, or in connection with,
performance of this Agreement, and caused in whole or in part by any negligent act or omission
of BGC; provided, however, that this paragraph shall not be construed so as to require
indemnification of the City from such claims, damages, losses, or expenses caused by or resulting
from the sole negligence of the City.
INSURANCE. BGC understands that no City insurance coverage, including Workers' Compensation, is
extended to BGC. BGC shall at all times maintain adequate (commercially reasonable coverage
levels) insurance covering Workers' Compensation, general commercial liability, automobile
liability, and property damage including a contractual liability endorsement covering the liability
created or assumed under this Agreement. BGC shall not commence work under this Agreement
or any work on any phase of the Project until BGC provides the City with certificates of insurance
evidencing that all required insurance has been obtained. These insurance policies and any
extension or renewals thereof must contain the following provisions or endorsements:
a. City is named as an additional insured for all liability coverages,
b. City will be given thirty (30) days prior notice of cancellation or material alteration of
any of the insurance policies,
c. Insurer waives all rights of subrogation against City of Seward and its employees or
elected officials,
d. Any deductibles or exclusions in coverage will be assumed by BGC,for account of,and
at the sole risk of BGC.
The minimum amounts for each type of insurance shall be no less than the following:
a. Commercial General Liability Insurance on an"occurrence basis"with limits of liability
not less than $ 1 Million per occurrence and $ 3 Million aggregate combined single
limit, personal injury, bodily injury and property damage,
3
b. Motor Vehicle Liability Insurance for all owned, hired and non-owned vehicles,
including no-fault coverage with limits of liability not less than $1 Million per
occurrence combined with single limit Bodily Injury and Property Damage,
c. Workers Compensation as required by Alaska law, AS 23.30.045 and regulations
adopted thereunder.
Upon request, BGC shall permit the City to examine any of the insurance policies specified herein.
The minimum amount and types of insurance provided by BGC shall be subject to review and the
City may request revisions in order to provide continuously throughout the term of the
Agreement a level of protection consistent with good business practice and accepted standard of
the industry.
EQUAL EMPLOYMENT OPPORTUNITY. BGC shall not discriminate against any volunteer, employee or
applicant for employment because of race, religion,color, national origin, or because of age, physical
handicap, sex, marital status, change in marital status, pregnancy, or parenthood when the reasonable
demands of the position do not require distinction on the basis of age, physical handicap, sex, marital
status, changes in marital status, pregnancy, or parenthood. BGC shall take affirmative action required
by law to ensure that applicants are employed and that employees are treated during employment
without regard to their race, color, religion, national origin, ancestry, age, or marital status.
IN WITNESS THEREOF,the parties have executed this agreement:
ity of 5 �a �r �ntatve Xys8, ls Club Representative
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D to Date
Attest:
,°Brenda Ba,Wtii irl .k
City SeiOf� qfF ,
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