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HomeMy WebLinkAboutRes2021-131 CITY OF SEWARD,ALASKA Sponsored by: Bower RESOLUTION 2021-131 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE CITY OF SEWARD AND BOYS & GIRLS CLUB OF THE KENAI PENINSULA WHEREAS, Boys & Girls Club of the Kenai Peninsula delivers a valuable service to the Seward Community through their provision of youth programs and services; and WHEREAS, Resolution 2020-004 authorized the City Manager to enter into an agreement with the Boys & Girls Club of the Kenai Peninsula for the purpose of providing comprehensive youth programming for Seward youth, including operating the Teen Youth Center and Rec Room facilities located at 336 3rd Ave, Seward, AK; and WHEREAS, per the agreement, the City is responsible for providing custodial services; and WHEREAS,Amendment No. 1 to the agreement stipulates that the Boys&Girls Club of the Kenai Peninsula shall assume responsibility for providing custodial services in exchange for increasing the annual reimbursement amount from $170,000 to $185,000. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA that: Section 1. The Seward City Council hereby authorizes the City Manager to enter into Amendment No. 1, attached hereto, to the agreement between the City of Seward and Boys &Girls Club of the Kenai Peninsula. Section 2.This resolution shall take effect on November 22, 2021. PASSED AND APPROVED by the City Council of the City of Seward, Alaska,this 22nd day of November, 2021. T • E IT 1 F ti WARD _ ACAA risty Ter Ma CITY OF SEWARD, ALASKA RESOLUTION 2021-131 AYES: McClure, Osenga, DeMoss, Calhoon, Wells, Terry NOES: None ABSENT: Casagranda ABSTAIN: None ATTEST: Brenda J. Ball , MMC City Clerk (City Seal)$0! ,on„„�r 0 •' • ; SEAL • _.__ .S.•• ti,,TF pF Ac %��• City Council Agenda Statement Meeting Date: November 22, 2021 To: City Council Through: Janette Bower, City Manager From: Tyler Florence, Parks & Recreation Director Agenda Item: Resolution 2021-131: Authorizing the City Manager to Enter into Amendment No. 1 to the Agreement between the City of Seward and Boys&Girls Club of the Kenai Peninsula Background and justification: The Boys&Girls Club provides youth a safe, positive, and engaging environment and is focused on helping youth reach their full potential. Since 2020,the Boys&Girls Club of the Kenai Peninsula has operated the Teen Youth Center and Rec Room facilities located at 336 3rd Ave, Seward, AK. Amendment No. 1 to the agreement between the City of Seward and Boys&Girls Club of the Kenai Peninsula entails Boys&Girls Club assuming responsibility for providing custodial services from the City in exchange for increasing the annual reimbursement amount from $170,000 to $185,000. Under the current custodial contract set to expire at the end of 2021, the City pays $41,900 annually for custodial services at the Teen Youth Center and Rec Room facilities, as well as the Parks & Recreation Warehouse. Consistency checklist: Comprehensive Plan: 3.6.1 Improve, expand, and diversify year-round parks and recreational opportunities for residents and visitors. Fiscal note: Funding is included in 2022 budget under contracted services account no. 01000-1430-7009. Finance Department approval: 414 Attorney Review: Yes ❑ No ❑ Not applicable x0 Recommendation City Council adoption of Resolution 2021-131. Agreement Between the City of Seward and Boys & Girls Club of the Kenai Peninsula Amendment No. 1 Amendment No. 1 to the agreement between the City of Seward ("City") and Boys & Girls Club of the Kenai Peninsula("BGC") dated February 1, 2020. WHEREAS, the City and BGC entered into an agreement for BGC to provide comprehensive youth programs for Seward youth, including operating the Teen Youth Center and Rec Room facilities located at 336 3rd Ave, Seward, AK on February 1, 2020; and WHEREAS,BGC is reimbursed $170,000 annually for providing said services; and WHEREAS, the City is responsible for providing custodial services for the above facilities; and WHEREAS,BGC is willing to assume responsibility for providing custodial services from the City for the above facilities in exchange for increasing the annual reimbursement by $15,000, for an annual total of$185,000. NOW, THEREFORE, in consideration of the mutual exchange of the promises of the parties to amend the agreement as follows: SPR OBLIGATIONS: 1. Pam. "SPR shall pay BGC $185,000 annually for all services performed under this Agreement, to be billed quarterly." 2. Facilities. "SPR shall be responsible for: a. Utilities b. Trash collection service c. Maintenance and repair d. Telephone line service BGC OBLIGATIONS 3. Facilities. "BGC shall operate programs at the Facilities. BGC shall be responsible for custodial services. Any modifications and/or alterations to the Facilities are subject to approval by SPR." Except as provided herein, all other terms and conditions of the agreement and any amendments remain in full effect. In witness thereto, the parties have set their hands and seals below: ------------------------------------ --------------------------------- Boys & Girls Club City of Seward ------------------------------------- ---------------------------------- Date Date Sponsored by: Meszaros CITY OF SEWARD, ALASKA RESOLUTION 2020-004 A RESOLUTION OF I'HE CITY COUNCIL OF THE CITY OF SL ARD, ALASKA, AUTHORIZING THE CITY N.IANAAGER TO ENTER INTO AN AGRE 'M NT WITH THE BOYS & GIRLS CLUB IN THE AMOUNT OF `170,000, AND APPROPRIATING FUNDS WHEREAS, Sc,waril [',irks & Recreation is wspor75ible for or-anizin and coordinating various recreational programs tier individuals of all a-us 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 &' Cilds [.'1uh has the: crl)[rt1,c <snd crl)cricrrcc tk� 11N) idc SLIC11 services and is w iIIizig to do so in accord-,-tncc with the terms <1iid con(IItions oI'tIiis AgrccIIicrrt. NOW, THEREFORE, BE IT RESOLVED BN' THE CITY COUNCIL OF 'l H CITY OF SEWARD, ALASKA that: Section 1. In consideratioi7 of the inutual covenants. condihons, llroniiscs, and agreeiner,ss set forth herein, the city manager is hereby .wthori%ed to irl,l,ro av e the attached a`tirec.rrlc i,t hett�een Seward Parks &I Recreation and the Boys & Girls Club of the. Kenai Pcr)irrsulu 1}('v1:inrri1ig Feiiruury 1, 20-20. Section 2. Funding in the amount of$170,000 annul,111v ts)r- tl)is contract will come from the Parks & Recreation account no. 01000-1430-7009 Contriicted S(:rvices. Section 3. This resolution shall take effect Ui)(Irl 2dOrtion. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 131h day of January, 2020. VTITEWARII SKA h ' ty Terry, ayor AYES: Oscn..a. McClure, Butts, Baelaan, Terry NOES: NS,ne ABSENT: Seese, Lane ABSTAIN: None CITY OF SEWARD,ALASKA RESOLUTION 2020-004 ATTEST: -7 Brenda Mfoid, MMC City Clerk ssslosouto" (City �, ©F �:�F''• * ♦�V{ter"op. r . ■ • + %.6 �n r l 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 (documew 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 S176,025 respectively in personnel costs that will cover the cost of this agreement. Approved by Finance Department: Yes (S. Hickok) ATTORNEY REVIEW: Yes 4x 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 I 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 3"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.BGCshall deveiop 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. Eli-ibility & 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. I 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. b. 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 5PR, 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 frorn 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 S ar tative ys&Girls Club Representative d " .�12-* 1/k/ ❑ to Date Attest: renda 130166;Cit�.Clerk City Sell',: L :il a 'a r q aaAfriliY®rl=..