MOA Transfer Senior Center Passes

Passed 15 August 2005 Joint ONC/COB Work Session

Memorandum of Agreement

Between the City of Bethel and Orutsararmiut Native Council on the Transfer of the Senior Center and its Service Responsibility

This Memorandum of Agreement (MOA) between the City of Bethel (City) and Orutsararmiut Native Council (ONC) is intended to facilitate the transfer of the Senior Center, senior service responsibilities, and pertinent assets related to the provision of services at and through the Center from the City of Bethel to the Orutsararmiut Native Council. All assets and lease arrangements mentioned in this Agreement pertain to the transfer of the Senior Center from the City to ONC for the express purpose of ONC providing services to low-income seniors and other qualified individuals beginning on September 1, 2005 and continuing indefinitely.

The City of Bethel has been awarded two grants from the State of Alaska, Department of Health and Social Services, that support the provision of senior services: (1) Nutrition, Transportation and Support Services grant, and (2) Home and Community Based Care grant. This MOA is contingent on the State of Alaska, Department of Health and Social Services, awarding the same or similar grants to ONC for the provision of senior services during Fiscal Year 2006.

Notwithstanding the exceptions mentioned herein, it is the intent of the City of Bethel to transfer ownership of the Senior Center Buildings and improvements, (e.g., walkways and fencing) to the Orutsararmiut Native Council. The Orutsararmiut Native Council will be responsible for the maintenance, repairs, and improvements to the Senior Center buildings, contents of the buildings, and other assets referenced in this agreement beginning on September 1, 2005. This duty of care includes all required inspections (e.g., sprinkler & fire panels, fire extinguishers, range hood, and elevator) and maintenance and repair necessary to meet all state and federal regulations pertaining to employee and public health and safety.

Aside from the cash subsidies and in-kind donations described in this agreement, the City of Bethel will not be responsible for costs or other financial obligations incurred by ONC relative to the operation of the Senior Center and the provision of Senior Services to the community.

Parties to this Agreement

City of Bethel, P.O. Box 1388, Bethel, AK 99559, 907-543-2297

Orutsararmiut Native Council, P.O. Box 927, Bethel, AK 99559

907-543-2608

Provision of Senior Services

This Agreement transfers the responsibility of operating the Senior Center and providing services to eligible individuals from the City to ONC. The Orutsararmiut Native Council will continue to provide services to low-income seniors over 60 years of age, minorities, and those living in a rural area as specified for recipients of Nutrition, Transportation, and Support Services grants administered by the State of Alaska, Department of Health and Social Services. The Chrissie Shantz Adult Day Care program will continue to operate in its present or improved form to serve eligible seniors, those at risk of institutionalization, individuals with disabilities, and others who qualify under the Home and Community Based Care grant program administered by the State of Alaska, Department of Health and Social Services.

Financial Support

The City of Bethel will provide a cash subsidy to ONC in the following amounts and for the following years: $200,000 in Fiscal Year 2006, ending June 30, 2006; $150,000 in Fiscal Year 2007, ending June 30, 2007; and $75,000 in Fiscal Year 2008, ending June 30, 2008. While these amounts represent a minimum cash distribution from the City, with proper justification and subsequent approval by the Bethel City Council, ONC may receive up to a maximum amount of $200,000 in Fiscal Years 2007 and 2008. The City will not give any cash subsidies to ONC in any fiscal years after the conclusion of Fiscal Year 2008, ending June 30, 2008.

The amount of the cash subsidy over the minimum amounts for Fiscal Year 2007 and 2008, but less than the $200,000 cap, is not automatically approved. The ONC Executive Director or his or her designee must show documentation that reasonable and relevant operating expenses will be incurred in excess of the ability of ONC to pay such expenses through its anticipated revenue streams and administration of funds passing through its organization. A request to the City Manager for an increase in the cash subsidy must be submitted in writing with supporting documentation attached. The City Manager will put the request on the agenda of the soonest regularly scheduled City Council meeting. Once the Bethel City Council approves a $50,000 increase, ONC may spend up to that amount before another approval is required for an additional $50,000 installment. Cash disbursements to ONC shall be made by the City Manager within 10 working days of Bethel City Council’s approval.

Land

The land on which the Senior Center sits will be leased by the City of Bethel to the Orutsararmiut Native Council at the rate of $1.00 per year for the duration of the time that ONC operates the Center by providing services to low-income elders and other qualifying individuals. The details of the lease arrangement will be spelled out in a legal contract, signed and dated by both parties.

Senior Center Buildings

The Senior Center Buildings, located at 127 Atsaq Way in Bethel, Alaska, will be used by ONC for the express purpose of providing services to low-income seniors and other qualified individuals as delineated under the section: Provision of Senior Services. The buildings shall remain in use for the express purpose of providing senior services.

Vehicles

The title of the following vehicles will be given to the Orutsararmiut Native Council:

1. Ford Bronco (1993)

2. Thomas Build Freightliner mid-size bus (2001)

3. Narrow body cutaway van/bus with wheelchair lift (expected to be received by the City during summer 2006 through a Section 5310 grant award by the State of Alaska, Department of Transportation and Public Facilities (DOT&PF))

The transfer of ownership of the narrow body cutaway van/bus is contingent on City Council’s formal acceptance through a resolution and a signed agreement with the State of Alaska, Department of Transportation and Public Facilities, acknowledging the transfer of ownership from the City to ONC. Per the grant agreement with DOT&PF, the van/bus must be used for the provision of senior services until such time as a public transit system becomes operational. Once a public transit system becomes operational, the van/bus must become a public transit vehicle, serving the general public as part of the transit system.

Contents of the Senior Center Buildings

The City-owned contents inside the Senior Center building will be transferred to ONC for the provision of senior services, including major kitchen appliances (e.g., refrigerators, freezers), furniture (e.g., couches, chairs, tables), electronic equipment (e.g., television, stereo, computers, printers), exercise equipment, and other material goods currently found in the Senior Center.

In-kind Contributions

To help ONC provide senior services through the Senior Center; the City shall contribute the following in-kind services to ONC:

Water, sewer, and trash pick-up services for the duration of the time ONC provides senior services through the Senior Center

Routine maintenance and major repairs to the Thomas Freightliner bus at an estimated cost of $8,000 per year for a period of five years, ending on June 30, 2010

Routine maintenance and major repairs to the narrow body cutaway van/bus with wheelchair lift (if received by the City during summer 2006 through a Section 5310 grant award by the State of Alaska, Department of Transportation and Public Facilities (DOT&PF)) for a period of seven years, ending on June 30, 2012.

The ONC will be responsible for the maintenance and major repairs of the Ford Bronco.

Routine maintenance and major repairs to the Senior Center boiler for a period of one year, ending on June 30, 2006. Maintenance and repairs to the boiler after June 30, 2006 will be the responsibility of ONC.

Senior Advisory Board Membership

The City of Bethel shall retain one seat on the Senior Advisory Board, as it currently stands, or other citizen body created to provide advice to program administrators. The person occupying that seat will be appointed by Bethel City Council.

Signatures

The signatures below of the highest elected official and highest ranking administrator from the City of Bethel and Orutsararmiut Native Council validate this Memorandum of Agreement and obligate both parties to the terms herein.

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