Approved Agreements and Contracts 2024/03/26 Extend Partnership Agreement Boys & Girls Club

View the PDF version Google Docs PDF Viewer

                          Agenda Item Review Form
                         Muskegon City Commission

Commission Meeting Date: March 26, 2024              Title: Extension of Partnership Agreement Boys &
                                                     Girls Club of the Muskegon Lakeshore


Submitted by: Kyle Karczewski, Parks and                 Department: DPW- Parks
Recreation Director


Brief Summary:
Staff is requesting authorization to extend our contract with the Boys & Girls Club of the Muskegon
Lakeshore for temporary staffing services during the 2024 maintenance season.

Detailed Summary & Background:
The Boys & Girls Club anticipates providing approximately 8 staff split in two teams, and in
consultation with DPW, identified two service areas that they would be well suited for:
1. Landscape maintenance, waste-removal and general support in the BID area downtown.
2. Restroom cleaning and waste removal at various parks.
DPW typically hires up to 30 seasonal employees each year from GoodTemps (Goodwill). The staffing
provided by this agreement will take the place of an approximately equal number of our typical
seasonal employees, helping DPW fill our roster during the labor shortage and providing employment
and training for younger community members. Temporary staffing is accounted for in the annual
budget of the departments that use these services. The employees under this agreement are
included in the parks (general) fund budget.
We have raised the contract $10,000 due to the closing of Community Encompass work programs
creating more space within the budget for this program, and the opportunity for recreation
assistance.


Goal/Focus Area/Action Item Addressed:


Key Focus Areas:
Blight cleanup
Enhanced Parks and Recreation Department and Services
Events and activities                                .

Goal/Action Item:
2027 Goal 1: Destination Community & Quality of Life - Parks and Recreation Department and
Services


Amount Requested:                                        Budgeted Item:

##0,000.06                                               Yes      |x|   No        N/A

Fund(s) or Accouni(s):                                   Budget Amendment Needed:

101-770                                                  Yes            No    x | N/A

Recommended Motion:



                                                                                               Paae 76 of 93
Authorize staff to contract with the Boys and Girls Club of the Muskegon Lakeshore for temporary
staffing services during the 2024 maintenance season.

Approvals:                                         Guest(s) Invited / Presenting:

Immediate Division
                                                     No
 Head

 Information
Technology

 Other Division Heads

 Communication

 Legal Review




                                                                                           Paae 77 of 93
                                                                                        MUSKEGON




                                     CITY OF MUSKEGON
                      CONTRACT FOR TEMPORARY STAFFING SERVICES

         This Agreement is effective upon execution between the City of Muskegon, a Michigan
  municipal corporation, of 933 Terrace Street, Muskegon, MI 49443 (“City”) and the Boys and
  Girls Club of the Muskegon Lakeshore, of 900 W Western Avenue, Muskegon, MI 49441
  (“Contractor”) with reference to the following facts:

                                              RECITALS


 A.     Contractor requested to partner with the Public Works Department to maintain parks,
        landscaping and other facilities throughout the city.

iB.      Contractor agreed to provide approximately eight staff in two teams of approximately four
         each, with one supervisor per team, to support the Public Works Department in maintaining
        the parks, landscaping and other facilities.


  NOW, THEREFORE, for valuable consideration, the receipt and adequacy of which is
  hereby acknowledged, the parties agree as follows:


 1.      Services. Contractor shall provide the following services:

         a.      In the area known as the Business Improvement District (BID), including nearby
                 parks and city properties, maintaining flower beds and other landscaping by
                 removing weeds and other undesirable plants and items, turf maintenance using
                 push mowers and other hand-operated equipment, picking up loose debris and
                 refuse (trash), emptying refuse containers, and performing other cleaning and
                 maintenance tasks as designated by Public Works Department Staff.

         b.      Picking up loose debris and refuse (trash), emptying refuse containers, cleaning
                 restrooms, and performing other cleaning and maintenance tasks as designated by
                 Public Works Department Staff in parks and other City-owned properties. This
                 effort is primarily envisioned at Beukema Playfield, Reese Playfield, Sheldon Park,
                 and McCrea Playfield, however other parks or properties may be assigned by Public
                 Works Department Staff in consultation with Contractor.

         c.      During the months of June, July and August, the contractor will provide up to 35
                 hours of labor per week per employee. During April, May, September and October,
                 the contractor will provide a reduced workforce to support critical efforts. The
                 employees are students and will not have as much availability during the school
                     year.



 2.      Equipment. The City shall supply safety equipment mandated for employees while on
         assignment with the City, together with other equipment described herein.


 BGCML Temporary Staffing Service Agreement                                             Page | of 6
 4/15/24 ~ 4/14/25


                                                                                                      Paae 78 of 93
       a.       The City shall supply hand-operated equipment that directly supports the tasks
                described in this agreement and other duties as assigned by Public Works
                Department Staff in consultation with the Contractor; examples of this equipment
                includes hand-operated lawn mowers, string trimmers, leaf blowers, hand tools
                such as rakes and spades, and cleaning equipment such as brushes and bottles. The
                City will provide materials to support the efforts, such as gasoline, string line, paper
                towel(s), cleaning solutions and refuse bags.

       b.       If available for use, the City may supply a self-propelled utility cart to assist with
                refuse disposal, carrying equipment and staff relocation, based from a facility
                within or near the BID, for Contractor’s use. All operators of such a cart must be
                licensed within the State of Michigan to operate a motor vehicle and carry a current
                driver’s license. The City will provide materials to support the cart, such as
                gasoline.


       C.       If available for use, the City may supply a motor vehicle and/or utility trailer to
                assist with refuse disposal, carrying equipment and staff relocation, based from the
                City’s Public Works Facility at 1350 E. Keating Avenue, Muskegon, MI 49442, for
                Contractor’s use. All operators of such a vehicle and/or utility trailer must be
                licensed within the State of Michigan to operate a motor vehicle and carry a current
                driver’s license. The City will provide materials to support the vehicle, such as
                gasoline.


        d.      The City will perform any required maintenance on City-owned equipment. The
                City reserves the right, in its sole discretion, to withdraw the use of equipment if
                deemed in the best interest of the City. Any damage caused to rented or borrowed
                equipment is the responsibility of the Contractor.

        e.      In the event the City is unable to provide equipment, and upon written approval
                from City, the Contractor may rent equipment that is deemed necessary for the
                Services. The City will provide materials to support rented equipment, such as
                gasoline and other consumables not included in rental costs. Maintenance of rented
                equipment shall be the responsibility of the Contractor. The City will reimburse the
                cost of the equipment rental at actual cost, including maintenance costs.

3,      Expenses. Contractor shall be responsible to pay for all expenses incurred by Contractor
        related to the performance of its duties under this Agreement, except as described in
        Section 2.e of this agreement.


4,      Contract Billing. City agrees to pay Contractor, in full consideration for the complete
        performance of Contractor’s obligations under this Agreement:

        a.      Youth will be paid at a rate of $13/hour.

        b.          Supervisors will be paid at a rate of $17/hour.


BGCML Temporary Staffing Service Agreement                                                  Page 2 of 6
4/15/24 — 4/14/25


                                                                                                          Paae 79 of 93
        c.       For all labor, Contractor will bill a markup of 37.5% to cover taxes, insurance and
                 administrative costs. Expenses, when reimbursable, will be billed at actual cost.

5.      Payment. Contractor shall submit detailed invoices on a monthly basis for the prior
        month’s services. Payments according to this agreement are invoiced and paid on a
        monthly basis. Requests for payment shall be submitted on a detailed invoice to the City
        monthly for the previous month. The City agrees that payment shall be due on net 30-day
        terms.


6.      Specific Reservations. City reserves the right to discontinue its use of temporary
        employees from contractor as it determines appropriate.

7.      Terms and Termination. This Agreement shall be effective on the date of execution, and
        shall remain in full force and at the same terms through April 14, 2025, with an option to
        renew for an additional term, if mutually agreed upon by both parties as memorialized in a
        written and signed agreement.

8.      Commencement and Damages.

        a.       Commencement. Contractor shall commence performance under this Agreement
                 upon its execution.

                 The City shall notify Contractor of any violation of the Agreement. It shall be the
                 duty of Contractor to remedy a Contractor violation.

                 Failure to perform pursuant to this Agreement for a period in excess of five (5)
                 consecutive scheduled, working days, or failure for a similar period, to perform in
                 the manner required, and provided such failure is not a result of war, insurrection,
                 riots, or acts of God, the City may, at its option and after written notice to
                 Contractor, utilize any or all of Contractor’s equipment used in performance of this
                 Agreement until such time the matter is resolved and the Contractor is performing
                 under the terms of the Agreement.

         b.      Appeal. The City’s determination regarding damages shall be final and binding on
                 both parties unless appealed, in writing, to the City Manager or his designee within
                 ten (10) working days after notice. The City Manager or his designee shall grant
                 Contractor an informal hearing upon such request. The decision of the City
                 Manager shall be final and binding.

 9.      Insurance and Indemnity.

         a.      City Insurance Requirement. The contractor, and any and all of their
                 subcontractors, shall not commence work under this contract until they have
                     obtained the insurance required under this paragraph, and shall keep such insurance
                     in force during the entire life of this contract. All coverage shall be with insurance
                     companies licensed and admitted to do business in the State of Michigan and


 BGCML Temporary Staffing Service Agreement                                                    Page 3 of 6
 4/15/24 ~ 4/14/25


                                                                                                             Paae 8&0 of 93
               acceptable to City of Muskegon. The requirements below should not be interpreted
               to limit the liability of the Contractor. All deductibles and SIRs are the
                responsibility of the Contractor.


       b.       Worker’s Compensation Insurance, including Employers’ Liability Coverage, in
                accordance with all applicable statutes of the State of Michigan.

       C.       Commercial General Liability Insurance on an “Occurrence Basis” with limits
                of liability not less than $1,000,000 per occurrence and aggregate. Coverage shall
                include the following extensions: (A) Contractual Liability; (B) Products and
                Completed Operations; (C) Independent Contractors Coverage, (D) Broad Form
                General Liability Extensions or equivalent, if not already included; (E) Deletion of
                all Explosion, Collapse, and Underground (XCU) Exclusions, if applicable.

       d.       Automobile Liability, including Michigan No-Fault Coverages, with limits of
                liability not less than $1,000,000 per occurrence combined single limit for Bodily
                Injury, and Property Damage. Coverage shall include all owned vehicles, all non-
                owned vehicles, and all hired vehicles

       e.       Additional Insured: Commercial General Liability and Automobile Liability, as
                described above, shall include an endorsement stating the following shall be
                Additional Insureds: The City of Muskegon, all elected and appointed officials, all
                employees and volunteers, agents, all boards, commissions, and/or authorities and
                board members, including employees and volunteers thereof. It is understood and
                agreed by naming the City of Muskegon as additional insured, coverage afforded
                is considered to be primary and any other insurance the City of Muskegon may
                have in effect shall be considered secondary and/or excess.

       f.       Cancellation Notice: Worker’s Compensation Insurance, Commercial General
                Liability Insurance, and Automobile Liability Insurance, as described above, shall
                be endorsed to state the following: It is understood and agreed Thirty (30) days,
                Ten (10) days for non-payment of premium, Advance Written Notice of
                Cancellation, Non-Renewal, Reduction, and/or Material Change shall be sent to:
                City of Muskegon, Finance and Administrative Services Director, 933 Terrace St,
                PO Box 536, Muskegon, Michigan 49443-0536.

        g.      Proof of Insurance Coverage. Contractor shall provide the City at the time the
                contracts are returned for execution, certificates and policies endorsing the City as
                additional insured as listed below:

                i.        Two (2) copies of Certificates of Insurance for Workers’ Compensation
                          Insurance, if applicable;


                    il.   Two (2) copies of Certificate of Insurance for Commercial General Liability
                          Insurance; and




BGCML Temporary Staffing Service Agreement                                               Page 4 of 6
4/15/24 — 4/14/25


                                                                                                       Paae 81 of 93
                lil.       If so requested, Certified Copies of all policies mentioned above will be
                           furnished.


                If any of the above coverages expire during the term of this contract, Contractor
                shall deliver renewal certificates and/or policies to City at least ten (10) days prior
                to the expiration date.


       h.       Indemnity. Contractor shall indemnify and save harmless the City against and from
                all costs, expenses, liabilities, claims, suits, action, and demands of every kind or
                nature, including reasonable attorney fees, by or on behalf of any person, party, or
                governmental authority whatsoever arising out of Contractor’s services performed
                under this agreement, Contractor’s failure to perform under this agreement,
                Contractor’s use of City equipment, or Contractor’s failure to comply with any
                laws, ordinances, requirements, orders, directions, rules, or regulations of any
                federal, state, county, or local governmental authority.

10.    Income Tax Withholding. Contractor shall withhold income taxes from each employee,
       and pay such tax in accordance with the City of Muskegon Income Tax Ordinance and all
       applicable laws associated with that ordinance. Contractor shall require the same from
       each subcontractor, consultant or vendor used in the performance of his duties and
       obligations in this Agreement. City reserves the right to withhold payments otherwise due
       to Contractor to assure compliance with this Agreement or to cure such noncompliance.

li.     General Provisions.


       a.       Notices. Any notice that either party may give or is required to give under this
                Agreement shall be in writing, specify the position, department and location
                assigned, and, if mailed, shall be effective on the day it is delivered to the other
                party at the other party’s address set forth in this Agreement or at any other address
                that the other party provides in writing. Notices given in person are effective on the
                day they are given. Notices to the City must copy the City Attorney at 601 Terrace
                 St., Muskegon, MI 49440.

        b.       Governing Law. This Agreement is executed in accordance with, shall be
                 governed by, and construed and interpreted in accordance with, the laws of the State
                 of Michigan.


        C.       Assignment or Delegation. Neither party shall assign all nor any portion of its
                 rights nor obligations contained in this Agreement without express prior written
                 approval of the other party, which approval may be withheld in the other party’s
                    sole discretion.


        d.       Entire Agreement. This Agreement and the documents specified in section 1 shall
                 constitute the entire agreement, and shall supersede any other Agreements, written
                 or oral, that may have been made or entered into, by, and between the parties with
                 respect to the subject matter of this Agreement, and shall not be modified or


BGCML Temporary Staffing Service Agreement                                                 Page 5 of 6
4/15/24 — 4/14/25


                                                                                                         Paae 82 of 93
                amended except in a subsequent writing signed by the party against whom
                enforcement is sought.


        e.      Binding Effect. This Agreement shall be binding upon, and to the benefit of, and
                be enforceable by, the parties and their respective legal representatives, permitted
                successors, and assigns.


        f.      Waiver. City may waive all or any portion of damages without prejudicing its
                rights under this Agreement.


        g.      Severability. Should any one or more of the provisions of this Agreement be
                determined to be invalid, unlawful, or unenforceable in any respect, the validity,
                legality, and enforceability of the remaining provisions of this agreement shall not
                in any way be impaired or affected.


        h.      Venue. The parties agree that, for purposes of any dispute in connection with this
                Agreement, the Muskegon County District or Circuit Court shall have exclusive
                personal and subject matter jurisdiction and venue.


        i,      Survival. All representations, warranties, and covenants in this Agreement shall
                survive the signing of this Agreement.


        j.      Written Clarification. In the event that there are inconsistencies within the
                Agreement, the Contractor shall immediately notify the City, in writing, for a
                determination,  interpretation, clarification and/or prioritization   of the
                inconsistencies.


        City and Contractor have executed this Agreement on the date written next to their
 signatures to be effective according to the term(s) stated in this document.



Date:                                ,2024        CITY OF MUSKEGON



                                                  By:
                                                                  Ken Johnson, Mayor



                                                  And:
                                                                      Ann Meisch, Clerk


Date:                                52024        BOYS AND GIRLS CLUB OF
                                                  THE MUSKEGON LAKESHORE



                                                  By:



BGCML Temporary Staffing Service Agreement                                                Page 6 of 6
4/15/24 — 4/14/25


                                                                                                        Paae 83 of 93

Go to the top of the page.


Sign up for City of Muskegon Emails