HomeMy WebLinkAboutResolution No. 2019-41CITY OF KENAI
RESOLUTION NO. 2019 - 41
Sponsored by: Administration
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING A
FACILITY MANAGEMENT AGREEMENT WITH THE BOYS & GIRLS CLUB OF THE KENAI
PENINSULA, INC. FOR THE OPERATION AND MANAGEMENT OF THE KENAI RECREATION
CENTER IN THE AMOUNT OF $130,000 PER YEAR.
WHEREAS, the current contract extension for Facility Management Services at the Kenai
Recreation Center with the Boys & Girls Club of the Kenai Peninsula is due to expire June 30,
2019; and,
WHEREAS, the term of this Agreement is for an initial period of three years beginning July 1,
2019, with an option for a two-year renewal based on the mutual agreement of the parties; and,
WHEREAS, the City of Kenai previously solicited competitive proposals from contractors for the
management and operations of the City's recreation center to provide quality recreational
programs and services for children, adults and seniors; and,
WHEREAS, the Boys & Girls Club of the Kenai Peninsula, Inc. has successfully managed the
Kenai Recreation Center since 2003 and desires to continue providing recreational services to
the community; and,
WHEREAS, the Boys & Girls Club of the Kenai Peninsula was the only responsible bidder; and,
WHEREAS, the current contract was extended through June 30, 2019 to allow administration time
to discuss and implement needed operational changes.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA
Section 1. That the Kenai City Council authorizes the City Manager to execute a Facility
Management Agreement with the Boys & Girls Club of the Kenai Peninsula, Inc., similar to the
attached agreement
Section 2. That the compensation for the Facility Management Services shall not exceed
$130,000. Sufficient funds have been budgeted.
Section 3. That this Resolution takes effect immediately upon adoption
Resolution No. 2019-41
Page 2 of 2
ADOPTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 191' day of June, 2019.
ATTEST:
B IAN GABRIEL SR., MAYOR
CMC, City Clerk '
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AGREEMENT FOR FACILITY MANAGEMENT SERVICES
AT THE KENAI RECREATIONAL CENTER FACILITY
THIS AGREEMENT is made this day of 2019, by and
between the CITY OF KENAI (Owner), whose address is 210 Fidalgo Avenue, Kenai, AK
99611-7794, and (Contractor),
whose address is
RECITALS:
Owner desires to retain the professional services of Contractor to manage the
Kenai Recreational Center located at 227 Caviar Street in the City of Kenai.
Contractor is a professional in this area and specifically in the provision of
recreational services to the public and has the experience, skill, knowledge, and
competence to perform these services.
Owner wants to contract for the provision of these services by Contractor in order
to obtain best financial arrangements for the City and provide affordable and quality
experiences for its customer. Contractor agrees to perform its services under this
Agreement with due diligence and due care and in a good and professional manner.
Owner and Contractor therefore agree as follows:
Definitions. For this Agreement, the following definitions apply:
A. "Manager' means the Kenai City Manager or their designee as agent for
and on behalf of Kenai.
B. "Concession" means all sales or rentals of goods or services in the Facility,
the parts of the Facility where those sales or rentals are made, and equipment or facilities
in the Facility used for those sales or rentals.
C. "Contractor' shall mean
D. "Council" means the Kenai City Council.
E. "Facility" means the Kenai Recreation Center located at 227 Caviar Street
in Kenai. Alaska.
F. "Management" or "management services" means performing all work to
operate and provide the services and reports required by this Agreement and all work
necessary to support the Facility's provision of service to the public, including but not
limited to, supervision of staff, supervision and control of participants using the Facility
and accessing any programs at the Facility, providing appropriate recreational, education,
and cultural programs for the general public, scheduling use of the Facility, maintenance
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of the Facility, engaging in sales marketing of the activities and programs at the Facility,
and the of recreational concessions at the Facility.
G. "Owner" or "City" means the City of Kenai.
2. Term. The term of this Agreement shall begin on (date),
and end on (date). This Agreement may be extended for one
additional two-year term upon mutual written consent of Owner and Contractor.
Contractor shall notify Owner in writing no less than 180 days before the end of the
remaining term of this Agreement if Contractor desires to extend the Agreement for any
additional term. Neither party has any obligation to agree to extend the initial term of this
Agreement.
3. Compensation.
A. Owner shall pay Contractor annual fee $ per contract year
(July 1 to June 30) for management of the Facility, including the provision of recreational,
educational, cultural, and leisure services and activities at the Facility. Owner will pay the
fee in 12 equal monthly installments, payable within 14 days after billing by Contractor.
Any compensation due for portions of a month for which services are provided by
Contractor will be pro -rated to a daily rate.
B. Subiect to Appropriation. Contractor recognizes that compensation for its
management services require the Council to annually appropriate funds for payment of
the management services. The obligation of Owner to provide funding under this
Agreement is subject to the availability of funds lawfully appropriated for that purpose by
the Council. The termination of this Agreement due to fiscal necessity and/or non -
appropriation of funds by Owner shall not constitute a breach or default of Owner. In the
event of a non -appropriation of funds, Owner may terminate this Agreement under
Section #16(B), below, however termination shall not be subject to 60 days' notice.
Instead, Owner shall give reasonable advance notice of non -appropriation as soon as
practicable but in no case shall notice be less than ten days in advance of the effective
termination date.
C. Termination. If Contractor's services are terminated for whatever reason,
Contractor's claim for compensation shall be limited to payments due based on a
proportional number of days it operated the Facility. Contributions in kind are not eligible
for reimbursement unless this contribution is directed toward approved, appraisable
improvement to the Facility. Upon termination, any alteration or renovation to the Facility
approved by Owner in writing, will be reimbursed at fair market value or actual cost as
reported to Owner (whichever is less) unless the parties have previously otherwise
agreed. If necessary, fair market value of such improvements will be determined by a
professional appraiser. The appraiser will be selected jointly by the parties and the
appraisal fee will be split equally.
4. Independent Contractor; No Agency. Contractor's relationship with
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Owner shall be that of an independent contractor with the authority to control and direct
the performance of the details of the management services that are the subject of this
Agreement. Nothing contained in this Agreement shall be construed to create an agency,
partnership, joint venture, or employee -employer relationship between Owner and
Contractor. Contractor is not the agent of Owner and Contractor is not authorized to
make any representation, contract, or commitment on behalf of Owner.
5. Scope of Services—General Obligations of Contractor.
A. Yearly Operation. Facility management services shall be a year-round
function of Contractor to carry out its Annual Operations Plan. Contractor shall perform
the management work and all services on an as needed/scheduled basis as determined
by Contractor (except where specifically identified below).
B. Services. Contractor shall provide recreational, educational, cultural, and
leisure programs and services at the Facility for all age groups. Contractor agrees to
make the Facility available to community user groups and/or organizations in order to
serve the varied interests and needs of the community.
C. Concessions. Contractor will provide, at its own expense, other
recreational, educational, cultural, or leisure services to the general public that are not
inconsistent with this Agreement. Contractor shall have the exclusive right to operate
concessions in the Facility. Contractor is responsible for defining said services and
coordinating all aspects of service offerings, whether required under this Agreement or
offered as an additional concession of Contractor.
D. Fees. Contractor shall charge a fee approved by the City for use of the
Facility and/or for participation in any programs and/or services it provides unless
otherwise specified in this Agreement. Any fees charged by Contractor for any purpose
must not discourage public use of the Facility and should be consistent with fees charged
for similar services at other municipal recreation centers.
E. Public Facility. The programs provided in the Facility must be generally
available to the public. Contractor may not restrict appropriate public participation at the
Facility and may not restrict public access for appropriate use of the Facility.
F. Employees. It is Contractor's duty to train Contractor's employees in order
to provide the management services. The management services shall be performed by
qualified, careful, and efficient employees in strict conformity with the best practices and
highest applicable standards. The manner in which these services are performed shall
be determined by Contractor. Contractor shall pay all salaries and expenses of, and pay
all federal social security taxes, federal and state unemployment taxes, and any similar
payroll taxes relating to, Contractor's employees.
G. Permits. Licenses, and Certificates. Contractor shall obtain and maintain
all necessary licenses and permits; comply with the requirements of all permits; pay all
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taxes lawfully imposed on Contractor's business; and pay any other fee or charge
assessed under any applicable public statute, regulation, or ordinance. Said licensing
includes, but is not limited to, obtaining state and borough business licenses and tax
certificates, and, where applicable to Contractor, paying all taxes and filing all documents
necessary to maintain Contractor's status as a corporate entity in good standing in the
State of Alaska.
H. Taxes and Assessments. Contractor shall pay all taxes lawfully imposed
on its business, and pay any other fee or charge assessed under any applicable public
statute, regulation, or ordinance. Contractor shall collect and pay any and all gross
receipts, compensation, transaction, sales, use, payroll, or other taxes and assessments
of whatever nature and kind levied or assessed as a consequence of the work performed
or on the compensation paid to Contractor or to Contractor's employees or contractors
under or arising out of this Agreement.
Scope of Services—Specific Performance Requirements.
A. Specific Activities Required. Unless Owner (as approved by the Council)
requests termination of a service, Contractor shall provide the following services at the
Facility on a regularly -scheduled basis:
i. teen center;
ii. toddler time;
iii. home school gym time;
iv. senior exercise;
V. wallyball and racquetball court use;
vi. open gym time;
vii. volleyball time;
viii. weight room and sauna;
ix. men's and women's adult basketball leagues;
X. practice time for Kenai Middle School boys' and girls' basketball (free
of charge);
xi. practice time for Kenai Central High School boys' and girls'
basketball "C" teams (free of charge); and,
xii. after -prom and after -graduation activities for Kenai Central High
School (free of charge and with no demand for deposit).
Contractor will provide Owner with a description of how Contractor intends to provide
these services in its Annual Operations Plan.
B. Operating Hours; Calendar. Contractor will maintain daily, monthly and
annual schedules of services and activities held at the Facility and shall provide public
access to this schedule. Contractor shall operate the Facility according to this published
schedule, which schedule must include providing services on Sundays.
C. City Wellness Program. Contractor agrees to support the City wellness
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program provided as a general benefit to City employees, their spouses, and immediate
family members. City will provide Contractor with a list of City employees and their
spouses participating in the City's wellness program. Persons whose name appears on
this list may use the Center and the fitness programs, equipment, and other facilities at
no charge. Contractor may require proof of identification. City may periodically update
this list.
D. Fee Schedule. Contractor shall develop and publish fee schedules for all
services, events, and activities conducted at the Facility and for all charges made to the
public for use of the Facility and its equipment. The fee schedule must be approved in
advance by the City Manager and may be subject to change by the Council. The Fee
Schedule attached as Exhibit A to this Agreement is approved.
E. Teen Center Membership. Contractor agrees to provide a discounted cost
for membership to the Teen Center located in the Facility of $25 per year, per child
provided that Owner provides Contractor with a $10,000 annual grant for this purpose.
This grant is in addition to the compensation identified in Section 3, above.
F. Revenues. Contractor shall collect all revenues generated at the Facility
and shall use generally -accepted accounting principles and appropriate internal controls
for its accounting activities. Contractor agrees that Owner shall not be liable or
responsible for funding any deficits or delinquencies owed to Contractor other than the
payments required under Section #3 of this Agreement.
Contractor will collect and retain all fees and charges for programs, services and
rentals. The compensation for services under this Agreement (Section #3) and grants
received are not considered fees and charges. Contractor will retain fees and charges
collected up to $100,000 per calendar year. Fees and charges collected by Contractor
for use of the Facility and for concessions and totaling over $100,000, and that Contractor
does not spend on providing concessions or programs at or for the Facility, will be divided
equally (50/50) between the Contractor and Owner.
G. Repairs. Contractor bears the responsibility for the cost of repairs of the
structure or its internal components and equipment due to any damage or breakage
caused by the negligence or intentional act of the Contractor or of a client during operating
hours of the Facility. Contractor is responsible for the maintenance and repair of the
Center equipment, i.e., weight room equipment, pool tables, vending machine.
H. Janitorial; Appearance. Contractor shall keep the Facility in a clean and
sanitary condition. Contractor shall pay for and provide all janitorial services and supplies
required to keep the Facility clean and presentable. Contractor shall not permit any
garbage or other refuse to accumulate in the Facility or on the grounds surrounding the
Facility.
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I. Snow Removal. Contractor shall be responsible for snow removal of all
sidewalks around the building or leading up to the Facility. Contractor must keep all
ingress and egress points for the Facility (main entrance, fire exits, etcetera) clear of ice
and snow so they may be used safely at all times.
J. Securitv. Contractor will take all reasonable precautions to prevent
unauthorized entry into the Facility, including the placing of signs or other devices
intended to deter or restrict such entry. Contractor shall develop and follow policies and
procedures relating to issuing keys, handling cash and deposits, opening and closing,
and dealing with difficult patrons.
K. City Use. The City may use the Facility for City sponsored events at no
cost to the City. All City events shall be coordinated with Contractor so as not interfere
with prior scheduled services.
7. Contractor's Reporting and Planning Requirements.
A. Annual Operations Plan. No later than January 1 of each year, Contractor
shall provide Owner with an Annual Operations Plan. Contractor shall work with the
Manager to assure the Annual Operations Plan meets the requirements and expectations
of Owner. The plan should contain, at a minimum, the following:
i. a safety and security plan;
ii. a facility use plan for the Facility that includes days of operation and
hours open, and booking and scheduling procedures;
iii. the proposed fee schedule;
iv. a list of rules governing the public's use of the Facility;
V. a program schedule;
vi. a staffing plan;
vii. opportunities for new services or activities; and
viii. a prioritized list of recommended Capital Improvement Expenditures
with justification.
B. Facility Annual Operating Budget. No later than January 1 of each year, the
Contractor will submit to Owner its Annual Operating Budget. The budget should include
all projected and the prior year's actual operating and capital costs for the Facility,
including a projected income and expense statement and a projected year-end balance
sheet. The budget must also include detailed projections of revenues by category and
source; operating expenses by category; and administrative and general expenses to
Contractor in managing the Facility.
C. Semi -Annual and Annual Reports. Contractor will submit to Owner a semi-
annual report and an annual report identifying usage of the Facility by program (see
Section #6 — Scope of Services, Paragraph A). These reports shall include categorization
of usage by age group of user; a categorization of usage of the Facility by component of
the Facility (for example, teen center, gym, toddler time, leagues); an updated inventory
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of Owner's equipment and furnishings purchased; and, a detailed description, including
costs, for equipment needing to be replaced. Contractor must submit the annual report
on or before January 1 and July 1 of each year of this Agreement beginning
(date).
8. Owner's Obligations. Owner shall perform the following functions or
provide the following materials related to the Facility:
A. Operations and Maintenance Costs. Owner is responsible for maintenance
and repair of the Facility required by normal wear and tear. Owner will perform routine
maintenance on all incorporated systems in the Facility including fire suppression and
alarm systems, electrical systems, mechanical systems, plumbing systems, and HVAC.
Contractor must notify the City's Parks and Recreation Director, Attention: Building
Maintenance, for "Requests for Service of Repairs" on forms, or in a manner as requested
by Owner. The City's Work Order Request Form, attached as Exhibit B is the form that
Contractor should use to request maintenance. This duty of Owner does not extend to
maintenance on a system required due to Contractor's failure to properly supervise and
manage the Facility during business hours (for example, vandalism in the Facility during
schedule working hours).
B. Utilities. Owner shall pay the following utility costs for the Facility: water,
sewer, electrical, natural gas, telephone service (excluding long-distance, conference
call, and other extraordinary phone charges).
C. Snow Removal. Owner is responsible for snow removal from the parking
lot of the Facility.
D. Grounds Keeping. Owner shall maintain the grounds on the exterior of the
Facility, subject to Contractor's obligation to keep the grounds of the Facility free of
garbage and refuse.
E. Equipment Replacement. Owner is responsible for the replacement of
Owner -owned equipment as necessary due to normal wear and tear of the equipment.
F. Insurance. Owner shall provide Broad -Form Property Damage Insurance
for the Facility.
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9. Ownership of Equipment and Furnishings.
A. Owner recognizes that Contractor will from time -to -time purchase
equipment and furnishings to accomplish the work and provide the management services
required and the concessions allowed under this Agreement. Equipment and furnishings
purchased with Contractor funds shall be the sole property of Contractor. Equipment and
furnishings donated to Contractor shall be the sole property of Contractor.
B. With the exception of pass-through grants administered by Owner,
equipment and furnishings purchased with Owner funds or with any funds provided by
grants from Owner shall be the sole property of Owner. Contractor will mark and inventory
this Owner property and provide Owner with a copy of the inventory with its semi-annual
and annual reports.
C. Prior to occupying the Facility, Contractor and Owner will conduct a
walkthrough to investigate conditions of the Facility and equipment inside the Facility.
10. Alterations and Renovations. Contractor may not make any alterations
or renovations to the Facility without the prior written consent of Owner. Contractor shall
provide Owner with an actual cost report within ten days of completion of any alteration
or renovation project.
11. Signs. Contractor may not place or erect poles, lights or devices on the
exterior of the Facility or the curtilage or on adjacent property without the prior written
consent of Owner.
12. Fundraising. Fundraising using the name of, or on behalf of, the City of
Kenai or the Kenai Recreation Center must be approved in advance in writing by the City
of Kenai.
13. Insurance.
A. Contractor shall, at Contractor's own expense, secure and maintain the
following insurance:
comprehensive general liability insurance, including premises, all
operations, property damage, personal injury and death, broad -form
contractual coverage with a per occurrence limit of not less than
$1,000,000 combined single limit;
ii. worker's compensation insurance with coverage for all employees
engaged in work under this Agreement as required by AS 23.30.045
(Contractor is responsible for worker's compensation insurance for
any subcontractor who directly or indirectly provides services under
the Agreement); and,
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comprehensive automobile liability insurance covering all owned,
hired, and non -owned vehicles with coverage limits not less than
$1,000,000 combined single limit per occurrence.
Where specific limits are stated, the limits are the minimum acceptable limits. If
Contractor's insurance policy contains higher limits, Owner is entitled to coverage to the
extent of the higher limits.
B. All insurance required by this Section #13 shall meet the following additional
requirements:
for comprehensive general liability and automobile liability insurance,
name the City of Kenai as an additional insured;
for worker's compensation insurance, general liability, and
automobile liability insurance, where possible, include a waiver of
subrogation so that the insurer waives all rights of subrogation
against the City of Kenai for payments made under the policy;
provide Owner with at least 30 days' notice before any termination,
cancellation, or material change in insurance coverage is effective;
and,
iv. be issued by a company/corporation currently rated "A-" or better by
A.M. Best.
C. Contractor shall submit to Owner proof of insurance coverage in the form of
insurance policies, certificates, endorsements, or a combination thereof, and signed by a
person authorized by the insurer to bind coverage on its behalf. The effective date of the
insurance will be no later than the first day of the term of this Agreement.
D. The indemnification and insurance coverage requirements stated in this
Section #13 and in Section #14 below do not relieve Contractor of any other obligation
under this Agreement.
E. Owner may increase the amount or revise the type of required insurance
upon written demand without requiring amendments to this Agreement. Owner will base
any increase or revision upon reasonable and justifiable grounds. Within two weeks of
the written demand, Contractor shall submit to Owner evidence of insurance coverage
that meets the requirements of Owner.
14. Indemnity, Defend, and Hold Harmless Agreement. Contractor shall
indemnify, defend, and hold harmless Owner and its agents, employees, and/or insurers
from claim, loss, damage, liability, including injury and death or expense in any way
related to any act or omission of Contractor or Contractor's employees, agents, or invitees
arising out of Contractor's performance of services under this Agreement, except to the
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extent any negligence of Owner or its employees or agents is a proximate cause of any
injury or damage. If a third party asserts a claim against Contractor and Owner,
Contractor and Owner shall seek in good faith to achieve Agreement to an apportionment
of fault as between them without an independent of litigation. This provision shall survive
expiration or termination of this Agreement.
15. Notice of Accident, Injury, or Claims.
A. Each party shall give to the other prompt and timely written notice of any
claim made or suit instituted within its knowledge that in any way, directly or indirectly,
contingently or otherwise, affects or might affect the other party.
B. Contractor shall report all incidents of accident or injury promptly in writing
to the City Manager for Kenai.
16. Termination.
A. For Cause. If either party fails to perform any of the terms, conditions,
covenants, or obligations under this Agreement, the other party may terminate this
Agreement. As a condition of the exercise of the right of termination, the terminating party
must notify the other party in writing of its intent to terminate, stating with reasonable
specificity the reasons for termination for cause. Upon receiving this written notice, the
other party will have 30 calendar days to cure the default(s). If the other party fails to cure
all defaults to the satisfaction of the other party within thirty 30 days, the party may declare
the Agreement terminated.
B. Termination for Convenience of the Citv. Owner may terminate this
Agreement at any time by giving written notice to Contractor of its intent to terminate.
Owner shall provide contractor with at least 60 days' advance notice of its election to
terminate for its convenience. All finished or unfinished documents, surveys, reports,
and/or other material prepared by Contractor under this Agreement are the property of
Owner and Contractor hereby agrees to peaceably return all such items to Owner by or
upon the effective date of termination and as may be further instructed by Owner.
Contractor shall be entitled to receive compensation for services rendered up to and
through the date of termination.
17. Duties Upon Termination.
A. Upon termination of this Agreement under Section #16(A), Owner may take
immediate possession of the Facility.
B. Upon termination of this Agreement under Section #16(B), including
termination due to non -appropriation of funds by the Council, there shall be a transition
period of not greater than 90 days with regard to the removal of Contractor's property
from the Facility. If Contractor fails to vacate upon expiration of the transition period, the
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City may remove and store the property at Contractor's expense or store the equipment
at the Facility and charge Contractor a reasonable storage fee.
C. Contractor shall deliver to the Manager all documents, records, work
products, materials and equipment of Owner and requested by the Manager.
18. Records and Right to Audit.
A. Contractor agrees to keep reliable accounting records and to prepare
annual financial statements in accordance with generally accepted accounting principles.
B. Contractor shall make available to Owner for audit, examination, and
copying, all of Contractor's records with respect to all matters covered by this Agreement
continuing for a period ending six years after the date of expiration or termination. These
records include, but are not limited to financial statements, ledgers, invoices, inventories,
reports, employment Agreements and other contracts related to Contractor's provision of
services under this Agreement. Contractor shall make available for examination all such
records, and in such form as the City may reasonably require, at any time during Owner's
normal business hours. Contractor shall make such records available to Owner upon ten
business days' notice, except in the case of emergency where Contractor shall make
such records available immediately.
C. In performing audits and investigations, Owner shall not unduly interfere
with the ability of Contractor to perform its duties under this Agreement.
19. Right of Entry. Owner, its officers, employees, agents, and
representatives may enter the Facility during operating hours to make inspection of the
Facility and/or to perform maintenance activities. Owner will make reasonable attempts
to notify Contractor if it requires emergency entry after operating hours.
20. No Discrimination. Contractor shall not discriminate on the grounds of
race, color, religion, national origin, ancestry, age, or sex against any patron, employee,
applicant for employment, or other person or group of persons in any manner prohibited
by federal or State law. Contractor recognizes the right of Owner to take any action
necessary to enforce this requirement.
21. Administration of this Agreement.
A. The Parks and Recreation Director is the representative of the City in
administering this Agreement.
B. Contractor is responsible for the direct supervision of Contractor's
personnel through Contractor's designated representative, and such representative shall
in turn be available at all reasonable times to confer with the Owner's representative with
respect to the services. The designated representative for Contractor is
In the event that Contractor's representative is
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unable to continue to serve as Contractor's representative, Contractor shall appoint a
successor subject to a written approval of the Owner.
22. Notices. Any notice or communication required or permitted under this
Agreement shall be in writing, addressed to the appropriate party at the address given
below for the type of delivery, and given personally, by certified mail (return receipt
requested), or by electronic mail. Notice by facsimile will NOT be accepted. All notices
shall be effective upon the date of receipt, except if the notice or communication is
received after 5:00 p.m. on a business day, or on a day that is not a business day of the
receiving party, and then the notice or communication is deemed received at 8:00 a.m.
on the next business day.
Owner: City of Kenai
210 Fidalgo Avenue
Kenai, AK 99611
Attn: City Manager
Email: postrander(cilkenai.city
Contractor:
�A
(physical address for hand delivery)
(physical address for hand delivery)
Email:
Either party may change its address for notice by giving notice as provided herein to the
other party.
23. Miscellaneous Provisions.
A. No Lease. This Agreement does not lease, rent, or otherwise convey any
land or interest in real property or in the Facility or personal property of Owner's and in
the Facility to Contractor.
B. Compliance with Laws. In performing its obligations, Contractor will comply
with all laws, ordinances, and regulations of duly -constituted public authorities now or
later enacted.
C. Assignment and Subcontract. Contractor shall not assign, subcontract,
and/or transfer any right, obligation, or part of the services or work to be performed under
this Agreement without prior written approval of the Owner. Any such assignment or
transfer or subcontracting of services without the consent of Owner shall constitute a
default of Contractor.
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D. Assumption of Risk. Contractor shall provide all proper safeguards and
assume all risks incurred in performing the services.
E. No Waiver. If Owner does not insist in any one or more instances on the
strict performance by Contractor of any requirement under this Agreement, it is not a
waiver or relinquishment for the future, but the requirement will continue in full force. An
Owner waiver of any provision or requirement in this Agreement cannot be enforced nor
relied on unless the waiver is in writing and signed on behalf of Owner.
F. Integration and Modification. This Agreement contains the entire
Agreement of the parties. All negotiations, statements, representations, warranties, and
assurances, whether oral or written, which are in any way related to the subject matter of
this Agreement or the performance of either party, are merged and integrated into this
Agreement. This Agreement may not be modified except in writing signed by both parties.
G. Applicable Law/Venue. In any dispute between the parties, the laws of the
State of Alaska shall govern. If any such dispute results in a lawsuit, the parties will bring
the lawsuit before the courts of the State of Alaska in the Third Judicial District at Kenai.
H. Attorney's Fees and Costs. In the event that either party is in default in the
performance of any of its obligations under this Agreement and any legal proceeding
including arbitration is brought, the defaulting party shall pay to the other all actual costs
and all expenses incurred in the action, including actual, reasonable attorney's fees.
I. Remedies. No right or remedy here conferred upon or reserved to either
party is intended to be exclusive of any other right or remedy, and each and every right
and remedy shall be cumulative and in addition to any other right or remedy given, or now
or later existing at law or in equity or by statute.
J. Rules of Interpretation. Headings of Sections are solely for convenience of
reference and shall not affect meaning, construction, or effect of this Agreement. Unless
the context otherwise indicates, words expressed in the singular shall include the plural
and vice versa. Unless the context otherwise indicates, the use of the neuter, masculine,
or feminine gender shall include the others as well.
K. Computation of Time. If any due date for a report or notice required under
this Agreement falls on a weekend or on a City of Kenai holiday, the report or notice will
be timely if filed with Owner on the next regular business day.
L. Validity of Parts. If any term, condition, or provision of this Agreement is
declared void or unenforceable, or limited in its application or effect, such event shall not
affect any other provisions hereof and all other provisions shall remain fully enforceable.
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M. Authority. Contractor represents that Contractor has read this Agreement
and Contractor agrees to be bound by its terms and conditions and that the person signing
this Agreement is duly authorized to bind Contractor.
N. Effective Date. This Agreement is effective upon the latter signature of all
parties and approval by the Kenai City Council.
The parties have caused this Agreement to be executed in their respective names or by
their duly authorized representatives.
CITY OF KENAI
M
Paul Ostrander
Its: City Manager
STATE OF ALASKA
1A:Ir:�zmr.�ryr_v _11. M
CONTRACTOR
By:
Date
Its:
ACKNOWLEDGMENTS
) ss.
Date
The foregoing instrument was acknowledged before me this day of , 2019, by
Paul Ostrander, City Manager of the City of Kenai, an Alaska municipal corporation, on
behalf of the City.
NOTARY PUBLIC for State of Alaska
My Commission Expires:
STATE OF ALASKA )
)ss
THIRD JUDICIAL DISTRICT )
The foregoing instrument was acknowledged before me this day of
2019, by (Title) of
an
corporation, on behalf of the corporation.
NOTARY PUBLIC for State of Alaska
My Commission Expires:
Recreational Center Agreement Page 14 of 15
ATTEST:
City Clerk
SEAL:
APPROVED AS TO FORM:
Scott Bloom, City Attorney
Recreational Center Agreement Page 15 of 15
r-
the uYy of/
KENAI, ALASKA
Nom/
MEMORANDUM
w;a a Past cli� AIN o f tt'e
210 Fidalgo Ave, Kenai, Alaska 99611-7794
Telephone: (907) 283-7535 1 Fax: (907) 283-3014
www.kenai.city
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Robert J. Frates, Parks & Recreation Director
DATE: June 11, 2019
SUBJECT: Resolution No. 2019 — 41 — Facility Management Agreement for the
Kenai Recreation Center
The purpose of this memorandum is to recommend to Council the approval of a Facility
Management Agreement with the Boys & Girls Club of the Kenai Peninsula, Inc. for the operation
and management of the Kenai Recreation Center.
Competitive bid proposals were previously solicited from contractors for management services
and the Boys & Girls Club of the Kenai Peninsula was the only responsible bidder. The current
contract extension expires June 30, 2019.
The Boys & Girls Club of the Kenai Peninsula has successfully managed the Kenai Recreation
Center since 2003 and have been responsive to meeting the City's needs and the recreation
needs of the community.
Thank you for your consideration