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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 sostiests„e (City S, OF SFp R • • SEAL • Y ti•.,F OF PA-P�i4•. 01 . _ 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. 2 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 2,A� D to Date Attest: ,°Brenda Ba,Wtii irl .k City SeiOf� qfF , A p � a SEA o °