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HomeMy WebLinkAboutResolution No. 2021-45KENAI CITY OF KENAI RESOLUTION NO. 2021-45 Sponsored by: Administration A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING THE TERMINATION OF THE FACILITY MANAGEMENT SERVICES AGREEMENT FOR THE KENAI RECREATIONAL CENTER WITH THE BOYS AND GIRLS CLUB OF THE KENAI PENINSULA, AND AUTHORIZING A NEW AGREEMENT WITH BOYS AND GIRLS CLUB OF THE KENAI PENINSULA TO OPERATE THE TEEN CENTER AT THE KENAI RECREATION CENTER. WHEREAS, the City of Kenai and Boys and Girls Club of the Kenai Peninsula have an Agreement in place whereby the Boys and Girls Club manages the Kenai Recreation Center including the Teen Center in the upstairs portion of the facility; and, WHEREAS, the City and Boys and Girls Club agree that it is in their mutual best interest for the City to resume management of the Kenai Recreation Center beginning July 1, 2021, with the exception of the Teen Center which is best managed by the Boys and Girls Club; and, WHEREAS, the Teen Center will continue to provide a safe supervised environment for teens in the community with numerous educational and training programs; and, WHEREAS, to facilitate this transition, the City and Boys and Girls Club agree to mutually terminate the existing Agreement for the Boys and Girls Cub to manage the Recreation Center, and execute a new Agreement for the Boys and Girls Club to utilize space in the Recreation Center to operate the Teen Center; and, WHEREAS, the Agreement recognizes that the Teen Center is a program of the Boys and Girls Club, and is not a service provided on behalf of the City, however, the Agreement acknowledges that the City has provided a $10,000 grant each year to support reduced membership costs for teens to participate, and that this grant funding is intended to continue annually subject to Council appropriation and availability of funds; and, WHEREAS, in recognition of the benefit the Teen Center provides to the local community, the City is not charging a fee for the use of the space in the Kenai Recreation Center; and, WHEREAS, the termination of the existing Agreement between the City and Boys and Girls Club to manage the Kenai Recreation Center and execution of a new Agreement for the Boys and Girls Club to utilize space in the Recreational Center to operate a Teen Center is in the best interest of both parties and serves the public's interest. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: i Section 1. The Council authorizes the City Manager to terminate the existing Agreement with the Boys and Girls Club of the Kenai Peninsula to manage the Kenai Recreation Center and execute a new Agreement in materially the same form as attached, authorizing the Boys and Girls Club to occupy space in the Kenai Recreation Center to operate a Teen Center. r� Resolution No. 2021-45 Page 2 of 2 Section 2. That this resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAJ A"SKA, this 161 day of June, 2021. AGREEMENT FOR USE OF A DESIGNATED AREA OF THE KENAI RECREATIONAL CENTER TO OPERATE A TEEN CENTER tofflITATelC7:11:11�bIA2Imp between the CITY OF 99611-7794, and _ whose address is RECITALS: iTTA I made this day of 20, by and (Owner), whose address is 210 Fidalgo Avenue, Kenai, AK (USER), Owner and User mutually desire to provide a space and services for a Teen Center to serve Teens in the upstairs area of the Kenai Recreational Center located at 227 Caviar Street in the City of Kenai for the benefit of the general public. Owner, a home rule first class city owns and operates the Kenai Recreational Facility designed to provide services for youth and others. User is a nonprofit organization that provides services to youth in the Kenai area. The Owner desires to provide the space for a Teen Center without cost to the User to meet the mutual goal of the two parties to serve Teens in the community. The User desires to provide the professional services/ management to operate the Teen Center at its cost including any available funding from the Owner. Owner and User therefore agree as follows: Definitions. For this Agreement, the following definitions apply: A. "Council" means the Kenai City Council. B. "Teen Center' means the upstairs portion of the Kenai Recreation Center located at 227 Caviar Street in Kenai, Alaska operated to serve Teens and other youth in the community. The Teen Center will be open to all users of appropriate age. C. "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 provision of the Teen Center, including but not limited to, supervision of staff, supervision and control of participants using the Teen Center and accessing any programs, providing appropriate recreational, education, and cultural programs for the users. D. "Owner" or "City" means the City of Kenai. E. "User" means the Boys and Girls Club of the Kenai Peninsula. Teen Center Agreement Page 1 of 15 2. Term. The term of this Agreement shall begin on July 1, 2021, and end on June 30, 2024. This Agreement may be extended for one additional two-year term upon mutual written consent of Owner and User. User shall notify Owner in writing no less than 180 days before the end of the remaining term of this Agreement if User 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 provide User an annual grant of $10,000 per contract year (July 1 to June 30) subject to appropriation and availability of funds for management of the Teen Center, including the provision of recreational, educational, cultural, and leisure services and activities at the Teen Center. Owner will provide the contribution in one lump sum. The intent of this contribution is to provide for reduced cost of annual memberships to members of the Kenai Teen Center. B. Except as may otherwise be stated in this Agreement, Owner will not provide any additional compensation, payment, service, or other thing of value to User in connection with performance of its obligations under this Agreement. User's overhead and other indirect or direct costs User may incur in the performing its obligations under this Agreement have already been included in computation of User's fee and may not be separately charged to the Owner. C. Subiect to Appropriation. User recognizes that the City of Kenai's Grant for its management services of the Teen Center requires the Council to annually appropriate funds. The obligation of Owner to provide grant 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. D. Termination. Upon termination, any alteration or renovation to the Teen Center approved by Owner in writing, user 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 User; No Agency. User's relationship with Owner shall be that of an independent User with the authority to control and direct the performance of the details of the management services that are the subject of this Agreement. Nothing Teen Center Agreement Page 2 of 15 contained in this Agreement shall be construed to create an agency, partnership, joint venture, or employee -employer relationship between Owner and User. User is not the agent of Owner and User is not authorized to make any representation, contract, or commitment on behalf of Owner. 5. Scope of Services—General Obligations of User. A. Yearly Operation. Teen Center Management services shall be a year-round function of User to carry out its Operations Plan. User shall perform the management work and all services on an as needed/scheduled basis as determined by User (except where specifically identified below). B. Services. User shall provide recreational, educational, cultural, and leisure programs and services at the Teen Center. C. Concessions. User will provide, at its own expense, other recreational, educational, cultural, or leisure services to the general public that are not inconsistent with this Agreement. User shall have the exclusive right to operate concessions in the Teen Center. User 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 User. D. Fees. User may charge a fee approved by the City for use of the Teen Center. Fees charged for participation in any programs and/or services it provides unless otherwise specified in this Agreement are to be consistent with fees charged within the User's programming in other programs, and must offer scholarship opportunities for disadvantaged youth. Any fees charged by User for any purpose must not discourage age appropriate public use of the Teen Center and should be consistent with fees charged for similar services at other municipal teen centers. E. Public Teen Center. The programs provided in the Teen Center must be generally available to the public. User may not restrict appropriate age group public participation at the Teen Center and may not restrict public access for appropriate use of the Teen Center. F. Employees. It is User's duty to train User's employees in order to provide the management services at the Teen Center. 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 User. User 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, User's employees. G. Permits, Licenses, and Certificates. User shall obtain and maintain all necessary licenses and permits; comply with the requirements of all permits; pay all taxes lawfully imposed on User's business; and pay any other fee or charge assessed under Teen Center Agreement Page 3 of 15 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 User, paying all taxes and filing all documents necessary to maintain User's status as a corporate entity in good standing in the State of Alaska. H. Taxes and Assessments. User 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. User 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 User or to User's employees or Users under or arising out of this Agreement. 6. Scope of Services—Specific Performance Requirements. A. Specific Activities Required. Unless Owner (as approved by the Council) requests termination of a service, User shall provide the following services at the Teen Center on a regularly -scheduled basis: (User will provide Owner with a description of how User intends to provide these services in its Annual Operations Plan.) B. Operating Hours: Calendar. User will maintain daily, monthly and annual schedules of services and activities held at the Teen Center and shall provide public access to this schedule. User shall operate the Teen Center according to this published schedule. C. Teen Center Membership. User agrees to provide a discounted cost for membership to the Teen Center located in the Teen Center. The annual membership fee is not to exceed $65 per year, per child provided that Owner provides User with a $10,000 annual grant for this purpose as described above. Additional program fees, (e.g., day camp services for tweens aged (11-14) youth are not included in this subsection of this Agreement. D. Revenues. User shall collect all revenues generated at the Teen Center and shall use generally -accepted accounting principles and appropriate internal controls for its accounting activities. User agrees that Owner shall not be liable or responsible for funding any deficits or delinquencies owed to User other than the payments required under Section #3 of this Agreement. User will collect and retain all fees and charges for programs, and services. E. Repairs. User bears the responsibility for the cost of repairs of the Teen Center or its internal components and equipment due to any damage or breakage caused Teen Center Agreement Page 4 of 15 by the negligence or intentional act of the User or of a client during operating hours of the Teen Center. User is responsible for the maintenance and repair of the Teen Center equipment, e.g., pool tables and User owned/supplied equipment. F. Janitorial; Appearance. User shall keep the Teen Center in a clean and sanitary condition. User shall pay for and provide all janitorial services and supplies required to keep the Teen Center clean and presentable. User shall not permit any garbage or other refuse to accumulate in the Teen Center or on the grounds surrounding the Teen Center. The User is also responsible for removal of snow from the sidewalk in front of the Users entry to the Teen Center as well as the back exit area from the Teen Center. G. Security. User will take all reasonable precautions to prevent unauthorized entry into the Teen Center, including the placing of signs or other devices intended to deter or restrict such entry. User shall develop and follow policies and procedures relating to issuing keys, handling cash and deposits, opening and closing, and dealing with difficult patrons. a. Security Systems The video surveillance system located in the equipment closet in the Owner's facility located downstairs is to be accessible by request of the Boys & Girls Club CEO and Teen Center Unit Director in the event there is a need for its video recordings. In the event the system is down or not working properly, the Owner will notify the User so they may locate and secure video surveillance systems of their own to adhere to their safety standards. 7. User's Reporting and Planning Requirements. A. Annual Operations Plan. No later than January 1 of each year, User shall provide Owner with an Annual Operations Plan. User shall work with the City 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 Teen Center use plan for the Teen Center that includes days of operation and hours open; iii. a list of rules governing the public's use of the Teen Center; iv. a program schedule; V. a staffing plan; and vi. a prioritized list of recommended Capital Improvement Expenditures with justification. Teen Center Agreement Page 5 of 15 B. Teen Center Annual Operating Budget. No later than January 1 of each year, the User 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 Teen Center, 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 User in managing the Teen Center. C. Semi -Annual and Annual Reports. User will submit to Owner a semi-annual (twice yearly) report identifying usage of the Teen Center. These reports shall include categorization of usage by age group of user; a categorization of usage of the Teen Center; an updated inventory of Owner's equipment and furnishings purchased; and, a detailed description, including costs, for equipment needing to be replaced. User must submit the semi-annual report on or before January 1 and July 1 of each year of this Agreement beginning January 1, 2022. 8. Owner's Obligations. Owner shall perform the following functions or provide the following materials related to the Teen Center: A. Operations and Maintenance Costs. Owner is responsible for maintenance and repair of the Teen Center required by normal wear and tear. Owner will perform routine maintenance on all incorporated systems in the Teen Center including fire suppression and alarm systems, electrical systems, mechanical systems, plumbing systems, and HVAC. User must notify the City's Public Works Department, 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 User should use to request maintenance. This duty of Owner does not extend to maintenance on a system required due to User's failure to properly supervise and manage the Teen Center during business hours (for example, vandalism in the Teen Center during schedule working hours). B. Utilities. Owner shall pay the following utility costs for the Teen Center: 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 Teen Center. D. Grounds Keeping. Owner shall maintain the grounds on the exterior of the Teen Center, subject to User's obligation to keep the grounds of the Teen Center 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. Teen Center Agreement Page 6 of 15 F. Insurance. Owner shall provide Broad -Form Property Damage Insurance for the Teen Center. 9. Ownership of Equipment and Furnishings. A. Owner recognizes that User 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 User funds shall be the sole property of User. Equipment and furnishings donated to User shall be the sole property of User. 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, unless otherwise stated in a written agreement. User will mark and inventory this Owner property and provide Owner with a copy of the inventory with its semi-annual reports. C. Prior to occupying the Teen Center, User and Owner will conduct a walkthrough to investigate conditions of the Teen Center and equipment inside the Teen Center. 10. Alterations and Renovations. User may not make any alterations or renovations to the Teen Center without the prior written consent of Owner. User shall provide Owner with an actual cost report within ten days of completion of any alteration or renovation project. 11. Signs. User may not place or erect poles, lights or devices on the exterior of the Teen Center 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. User shall, at User's own expense, secure and maintain the following insurance: i. 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 Teen Center Agreement Page 7 of 15 (User is responsible for worker's compensation insurance for any subUser who directly or indirectly provides services under the Agreement); and, iii. 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 User'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; ii. 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; iii. 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 "A2 or better by A.M. Best. Insurance policies must remain in compliance with the User's affiliation requirements with the Boys & Girls Club of America. C. User 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 User 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, User shall submit to Owner evidence of insurance coverage that meets the requirements of Owner. Teen Center Agreement Page 8 of 15 14. Indemnity, Defend, and Hold Harmless Agreement. User 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 User or User's employees, agents, or invitees arising out of User's performance of services under this Agreement, except to the 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 User and Owner, User 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. User 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 City. Owner may terminate this Agreement at any time by giving written notice to User of its intent to terminate. Owner shall provide User 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 User under this Agreement are the property of Owner and User 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. User 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 Teen Center. Teen Center Agreement Page 9 of 15 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 User's property from the Teen Center. If User fails to vacate upon expiration of the transition period, the City may remove and store the property at User's expense or store the equipment at the Teen Center and charge User a reasonable storage fee. C. User 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. User agrees to keep reliable accounting records and to prepare annual financial statements in accordance with generally accepted accounting principles. B. User shall make available to Owner for audit, examination, and copying, all of User'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 User's provision of services under this Agreement. User 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. User shall make such records available to Owner upon ten business days' notice, except in the case of emergency where User shall make such records available immediately. C. In performing audits and investigations, Owner shall not unduly interfere with the ability of User to perform its duties under this Agreement. 19. Right of Entry. Owner, its officers, employees, agents, and representatives may enter the Teen Center during operating hours to make inspection of the Teen Center and/or to perform maintenance activities. Owner agrees to adhere to safety requirements regarding the youth in the Teen Center while youth are present and during operating hours. Owner will make reasonable attempts to notify User if it requires emergency entry after operating hours. 20. No Discrimination. User 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. User recognizes the right of Owner to take any action necessary to enforce this requirement. 21. Administration of this Agreement. A. The City Manager is the representative of the City in administering this Agreement. Teen Center Agreement Page 10 of 15 B. User is responsible for the direct supervision of User's personnel through User'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 User is Jered Moore, Alice Nesbitt, or the Acting Kenai Teen Center Unit Director Employee. In the event that User's representative is unable to continue to serve as User's representative, User 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(a)kenai.city User: Boys & Girls Club of the Kenai Peninsula 705 Frontage Road, Suite B Kenai, AK 99611 ATTN: Rachel Chaffee Email:rchaffee@beckp.com, anesbitt@beckp.com 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 Teen Center or personal property of Owner's and in the Teen Center to User. B. Compliance with Laws. In performing its obligations, User will comply with all laws, ordinances, and regulations of duly -constituted public authorities now or later enacted. C. Assignment and Subcontract. User 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 Teen Center Agreement Page 11 of 15 or subcontracting of services without the consent of Owner shall constitute a default of User. D. Assumption of Risk. User 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 User 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 parry, are merged and integrated into this Agreement. This Agreement may not be modified except in writing signed by both parties. G. Applicable LawNenue. 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. Teen Center Agreement Page 12 of 15 M. Authority. User represents that User has read this Agreement and User agrees to be bound by its terms and conditions and that the person signing this Agreement is duly authorized to bind User. 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 THIRD JUDICIAL DISTRICT USER By: Date Its: ACKNOWLEDGMENTS ) ss. Date The foregoing instrument was acknowledged before me this _ day of , 2021, 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 2021, by (Title) of an corporation, on behalf of the corporation. NOTARY PUBLIC for State of Alaska My Commission Expires: Teen Center Agreement Page 13 of 15 r -11I•1:619 City Clerk SEAL: FAa»MMORMARIMO Y•� Scott Bloom, City Attorney Teen Center Agreement Page 14 of 15 Facility: Facility Manager requesting work: Contact Person: (if other than requestor) or wom: Remarks: Completed by: Date Completed: Remarks: Completed by: Date Completed: CITY OF KENAI BUILDING MAINTENANCE WORK ORDER REQUEST E-MAILTO: building@ci.kenai.ak.us Date: Phone Phone WORK ACCOMPLISHED BY BUILDING MAINTENANCE Hours worked: Materials Cost: WORK ACCOMPLISHED BY SUBCONTRACTOR Exhibit B PO Amount: KENAI _, _...enai 1210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.7535 1 www.kenaixity MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, Kenai City Manager FROM: Robert J. Frates, Parks & Recreation Director DATE: June 10, 2021 SUBJECT: Resolution No. 2021-45 Resolution No. 2021-45 is to request authorization to enter into a new Agreement with the Boys & Girls Club of the Kenai Peninsula. The current Agreement between the City of Kenai and the Boys and Girls Club authorizes the Club to manage both the Kenai Recreation Center and the Kenai Teen Center. However, both parties agree that it is mutually beneficial to terminate the existing Agreement and execute a new Agreement allowing for the City to assume management of the recreation center and the Boys and Girls Club to continue managing the Teen Center. Under this new Agreement, the City will assume management of the Kenai Recreation Center July 1, 2021 with the exception of the upstairs portion (Teen Center) of the facility. Thank you for your consideration