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HomeMy WebLinkAboutRes1987-064 . . . Sponsored by: Garzini CITY OF SEWARD, ALASKA RESOLUTION NO. 87-064 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND AVTEC, ACCEPTING A GRANT FROM AVTEC AND APPROPRIATING THE FUNDS TO THE PARKS AND RECREATION DEPARTMENT BUDGET WHEREAS, during the past year the city has had a joint use agreement with the Alaska Vocational Technical Center; and WHEREAS, this agreement has enabled the Parks and Recreation Department to offer public use of AVTEC's recre- ational facility; and WHEREAS, under the current agreement, the city has funded one hour of AVTEC janitorial service per day and an 8-hour-per-week AVTEC library aide position, for a total cost to the city during Fiscal Year 1987 of $6,170; and WHEREAS, AVTEC has requested that the city accept a grant from AVTEC in the amount of $25,000 to be used for the recruitment, hiring and administration of a 40-hour-per-week janitorial position for the period September 1, 1987 through June 30, 1988; and WHEREAS, this grant would fully fund the cost of this position; and WHEREAS, this position would continue on an annual basis so long as grant funds were made available to the city through AVTEC; and WHEREAS, AVTEC has agreed to enter into a Memorandum of Understanding with the city for the use of the recreational facility by the general public through the Parks and Recre- ation Department's activities program; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City Manager is hereby authorized to accept a grant totalling TWENTY-FIVE THOUSAND AND NO/I00THS DOLLARS ($25,000.00) from the Alaska Vocational Technical Center. -1- . . . CITY OF SEWARD, ALASKA RESOLUTION NO. 87-064 Section 2. The City Manager is further authorized to appropriate the grant funds received to the Parks and Recreation Department Fiscal Year 1988 Budget. Section 3. The City Manager is also authorized to execute a Memorandum of Understanding between the city and the Alaska Vocational Technical Center for the operation of the AVTEC recreational facility. A copy of the agreement is attached and incorporated herein by reference. Section 4. This resolution shall take effect immedi- ately upon its adoption. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this ~ day of Julv , 19-RI-. THE CITY OF SEWARD, ALASKA AYES: NOES: ABSENT: ABSTAIN: BOOHER, DUNHM1, GIESELER, MEEHAN & SIMUTIS NONE HILTON & NOLL NONE ATTEST: APPROVED AS TO FORM: HUGHES, THORSNESS, GANTZ, POWELL & BRUNDIN, Attorneys for the City of Seward, AK Fre~~~ City Attorney (City Seal) -2- . . . RESOLUTION NO. 87-064 Attachment "A" M~MORAND~OF UNOERSTANPI~ between CITY OF SEWARD (CITY RECREATION DEPARTMENT) and STATE OF ALASKA (ALASKA VOCATIONAL TECHNICAL CENTER) In order to assure full utilization of the AVTEC Student Service Center, and to assure the aval1abl1ity of the facl1ity to the community of Seward, the CITY OF SEWARD and AVTEC agree to the following: (1) The Student Service Center facilities will be made available to the general public. (2) The hours of general public avail ab l1ity shall be a mutual agreement between the parties hereto (CITY and AVTEC). Schedule conflicts relating to general public usage of the facl1ity and AVTEC student usage shall be resolved in favor of AVTEC students. In no case shall AVTEC arbitrarily institute schedule changes relating to general public usage without consulting CITY recreational staff, and without providing reasonable notice to the CITY of such changes. (3) In exchange for AVTEC allowing general public usage of the Student Services Center, the CITY shall accept a mutual assistance grant from AVTEC in the amount of $25,000. The CITY agrees to use this grant to fund the administration of a 40-hour-per-week janitorial position, including recruitment and hiring of personnel for performance of janitorial services for AVTEC's Student Services Center, September 1, 1987 through June 30, 1988. It is further understood that the CITY shall continue this position as long as total funding is provided by the AVTEC. (4) AVTEC retains the right to exclude individuals from participation in this program whose behavior on State property endangers the health and safety of other participants, and whose bahavior is in violation of established AVTEC policies relating to the use of the Student Service Center. . . . CITY OF SEWARD, ALASKA MEMORANDUM OF UNDERSTANDING - AVTEC RESOLUTION NO. 87-064 Attachment "A" (5) The CITY shall indemnify, save harmless, and defend the State, its officers, agents and employees from li ab ility of any nature or kind, including costs and expenses, for or on account of any and all legal actions or claims of any character whatsoever resulting from injuries or damages sustained by any person(s) or property as a result of any error, omission or negligent act of the CITY relating to its performance of this contract. All legal actions or claims, including defense costs resulting from injuries or damages sustained by any person(s) or property, arising from the CITY'S performance of this contract which will result in joint liability of the State and CITY shall be apportioned on a comparative fault basis. Any such joint liability on the part of the State must be due to active negligence on the part of the State. The undersigned agree to the above provisions. FOR THE . 'eriY" OF 'SEWARD" . DATE: .. ..,,, . , . .~ . . " . .. .. .... DATE: FOR'ALASKA v6cATioNAL"TECH~hcAL.'cENTER ' . ...-..'" -2-