HomeMy WebLinkAboutRes2018-076Sponsored by: Administration
CITY OF SEWARD, ALASKA
RESOLUTION 2018-076
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, ACCEPTING GRANT FUNDS IN THE AMOUNT OF $1,725,000
FROM ADF&G WITH ADDITIONAL $419,119.43 FROM CPV FUNDS TO
FULFILL THE COOPERATIVE AGREEMENT WITH ADF&G TO
REPLACE THE SOUTH HARBOR LAUNCH RAMP AND
APPROPRIATING FUNDS
WHEREAS, the State of Alaska Department of Fish and Game (ADF&G) conducted an
evaluation of the South Harbor Launch Ramp in 2011 and recommended that the launch ramp be
replaced; and
WHEREAS, in the first phase of the project which involves planning, design and permitting
of the South Harbor Launch Ramp was 100% fully funded by ADF&G; and
WHEREAS, the City Council approved Resolution 2017-002 a Cooperative Agreement (17-
068) between the City and ADF&G for Phase II construction with a commitment from the City to
appropriate the remaining funds; and
WHEREAS, ADF&G is providing $1,725,000 in grant funding which needs to be
appropriated for phase II construction of this project; and
WHEREAS, the City, along with PND, went out to bid for the replacement of the South
Harbor Launch Ramp; and
WHEREAS, the City received five bids and Hamilton Construction, LLC being the low
bidder at $2,313,154.80; and
WHEREAS, ADF&G requested a 10% contingency for this project in the amount of
$231,315.48; and
WHEREAS, City Council approved Resolutions 2014-094 ($87,500.00), 2016-033
(299,863.68) and Resolution 2017-017 ($33,155.42) less ($20,168.25 for LED Lights) appropriating
$400,350.85 for this project; and
WHEREAS, an additional amount of $419,119.43 is needed to fulfill the corporative
agreement with ADF&G for the construction phase of this project; and
WHEREAS, the remaining $419,119.43 will be appropriated from Commercial Passenger
Vessel (CPV) Tax Fund and placed into the South Harbor Launch Ramp renovation project.
CITY OF SEWARD, ALASKA
RESOLUTION 2018-076
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA that:
Section 1. Funding in the amount of $1,725,000.00 is hereby received and appropriated from
state grant revenue account no. 11421-0000-5922 to the South Harbor Launch Ramp Renovation
Project infrastructure account no. 11421-0000-8101.
Section 2. Funding in the amount of $419,119.43 is hereby appropriated from Commercial
Passenger Vessel Tax Fund no. 11113-0000-3710-11420 to the South Harbor Launch Ramp
Renovation Project infrastructure account no. 11420-0000-8101.
Section 3. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 1 Otn
day of September, 2018.
THE CITY OF SEWARD, ALASKA
David Squires, Mayor
AYES: Keil, McClure, Towsley, Casagranda, Seese, Horn, Squires
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
Brenda J. Ballo , MMC
City Clerk �....■■••..,,
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Agenda Statement
Meeting Date: September 10, 2018
To: Eddie Athey, Acting City Manager
C�—
From: Norm Regis, Harbormaster
Agenda Item: Accept and appropriate grant funds from ADF&G and appropriate the
remaining funds needed for the South Harbor Launch Ramp Renovation
project.
BACKGROUND & JUSTIFICATION•
The State of Alaska Department of Fish and Game ("ADF&G") conducted an evaluation of the
South Harbor Launch Ramp in 2011 and recommended that the launch ramp be replaced. The ramp
requires increasing levels of maintenance and while we are currently able to utilize the ramp, it has
become more of a safety issue due to rotting wood, necessitating replacement. Two summers ago
one of the concrete planks failed, damaging a customer's trailer. A concrete patch was poured to
temporarily repair the slab so the public could continue to use the ramp.
In the first phase of the project which involves planning, design and permitting of the South Harbor
Launch Ramp was 100% fully funded by ADF&G.
The City Council approved Resolution 2017-002 a Cooperative Agreement (17-068) between the
City and ADF&G for Phase II construction with a commitment from the City to appropriate the
remaining 25% for this project.
City Council approved Resolution 2014-094 appropriating $87,500, Resolution 2016-033
appropriating $299,863.68 and Resolution 2017-017 appropriating $33,155.42 of under budget
harbor project funds back into the Harbor MRRF for a total of $420,510.10 which $20,168.25 was
used to replace the high mast lights located at the North East Launch Ramp with LSD's, which
leaves $400,350.85 for the South Harbor Launch Ramp renovation project.
ADF&G will fully fund the engineering construction cost for this project.
With the planning, design and permitting portion complete ADF&G along with PND engineering has
gone out to bid for the construction phase of the project. With the bid process complete a low bid of
$2,313,154.80 from Hamilton Construction, LLC was received with ADF&G providing funding in
the amount of $1,725,000.00 which makes the City's portion of the match per the Cooperative
agreement for this project to include a 10% contingency is $819,470.2.8 which $400,350.85 has been
appropriated, the City needs to fund the remaining amount of $419,119.43 to comply with the
corporative agreement for the construction phase of the project which will be funded from CPV
funds.
r&
INTENT:
Accepting grant funds from ADF&G in the amount of $1,725,000.00 and appropriate those funds
with $419,119.43 of additional funds from the CPV monies into the South Harbor Boat Launch
Renovation project, for a total project price of $2,544,470.28.
CONSISTENCY CHECKLIST:
Yes
No
NIA
Comprehensive Plan (Page 16 3.5.1): Maintain a thriving port of
1. Seward through harbor improvements, infrastructure expansion, and
X
im lantation of management plans.
2. Strategic Plan (Page 7): Complete the renovation of the Boat Harbor.
X
3
Seward Boat Harbor Plan (Page 21,4.7): Work with ADF&G using
Sports Fish Restoration funds to build or rebuild boat ramps.
X
FISCAL NOTE:
ADF&G Grant for this project is $1,725,000.00, The City previously appropriated funds for Phase 2
of this project in Resolutions 2014-94 ($87,500), 2016-033 ($299,863.68) and 2017-017
($33,155.42) less ($20,168.25) for LED lights at the North East Launch Ramp for a total amount of
$400,350.85, the remaining amount to include a 10% contingency needed to comply with the
Cooperative Agreement is $419,119.43 which will be funded from CPV fund. The total amount for
this project will be $2,544,470.28.
Approved by Finance Department:
ATTORNEY REVIEW: Yes X No
RECOMMENDATION:
Council approves Resolution 2018- 076 accepting Grant funds from ADF&G in the amount of
$1,725,000.00 and appropriating those funds to include $419,119.43 from the CPV Fund into the
South Harbor Launch Ramp replacement project which $400,350.85 has been appropriated for a total
of $2,544,470.28 to comply with the Cooperative Agreement with ADF&G for the South Harbor
Launch Ramp Renovation project.
rc.
Sponsored by: hunt
CITY OF SEWARD, ALASKA
RESOLUTION 2017-002
A RESOLUTION OFTHE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A
COOPERATIVE AGREEMENT WITH THE STATE OF ALASKA
DEPARTMENT OF FISH & GAME (ADF&G) DIVISION OF
ADMINISTRATIVE SERVICES FOR THE FEDERAL AID IN SPORT
FISH RESTORATION RECREATIONAL BOATING ACCESS
PROGRAM FORTHE PURPOSE OF DESIGNING AND PERMITTING A
REPLACEMENT SEWARD SOUTH HARBOR LAUNCH RAMP
WHEREAS, in 2011 ADF&G evaluated the South 1-aunch ramp and determined it
needed to be replaced.; and
WHEREAS, the City has pursued funding with ADF&G to replace the South Launch
Ramp; and
WHEREAS, the City of Seward, by Resolution 2016-033, committed to ADF&G to
provide funding for a 25% City match to replace the South Harbor L.aunch Ramp, under the
Phase 11 construction portion of the project; and
I WHEREAS, A.DF&G has sent the City a Cooperative Agreement to start Phase I of the
project, including design and permitting; and
WHEREAS, Al: F&G and the Federal Aid in Sport Fishing Restoration Recreational
Boating Access Program will fully fund Phase I with the estimated cost of $400,000; and
WHEREAS, the City of Seward will continue to comply with the ADF&G agreement for
the complete renovation of the South Flarbor Launch Ramp.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEWARD, ALASKA that:
Section 1. The City Manager is hereby authorized to enter into a cooperative agreement
with Af)l',&(,i and the Federal Aid in Sport Fishing Restoration Recreational Boating Access
Program for Phase I of the City of` Seward South Harbor renovation project, in substantial form
as presented at this meeting.
Section 2. This resolution shall take effect immediately.
PASSED AND APPROVED by the City Council of the City of` Seward, Alaska, this 9"' day of
January, 2017.
CITY OF SEWARD, ALASKA
RESOLUTION 2017-002
THE CITY OF SEWARD, ALASKA
can Bardarson, Mayor
AYf,S: Casagranda, Keil, McClure, Altermatt, Bardarson
NOES: None
ABSENT: Squires, Slater
ABSTAIN: None
ATTEST:
mcx
City Clerk
(City Seal)
�7
Sponsored by: Hunt
CITY OF SEWARD, ALASKA
RESOLUTION 2017-017
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, RETROACTIVELY AMENDING THE 201.6 BUDGET TO
ACCOUNT FOR ADDITIONAL SALES TAX TO THE HOSPITAL FUND
BASED ON ADDITIONAL COLLECTIONS AND CLOSING OUT
COMPLETED PROJECTS AT YEAR-END, AND APPROPRIATING
FUNDS
WHEREAS, the 2016 Operating Budget accounted for one -quarter of all sales tax
collections by the City of Seward to be transferred to the Hospital Enterprise Fund to pay
healthcare related costs including debt service costs for the long-term care facility, the hospital
Public Employees Retirement System (PERS) liability, major repair and replacement costs,
capital costs, and operating costs associated with healthcare; and
WHEREAS, the actual sales tax receipts from the Kenai Peninsula Borough during 2016
totaled $4,958,688.88, requiring an additional transfer in excess of the budget, of $95,922,23 to
the Hospital Enterprise Fund, for a total annual transfer from the General Fund to the Hospital
Enterprise Fund of $1,239,672.23; and
WHEREAS, a number of grant projects have been completed at the end of 2016,
requiring the residual transfer of cash between Funds to close out those grants and prqjects.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEWARD, ALASKA, that:
Section 1. 'Fhe 2016 Operating Budget shall be retroactively amended as follows: 1)
increase sales tax revenue account 01000-0000-4000 by $383,688.92 to a total of $4,958,688.92
based on sales tax receipts; and 2) appropriate an additional $95,922.23 from the General Fund
"Transfers -Out account no. 0 1000-0000-3710-0000-19100 to the Hospital Enterprise Fund.
Section 2. J'be 2016 Budget shall be retroactively amended to close out grants and
projects, as follows:
a. Funding in the amount of $412,712 is hereby appropriated from CPV Funds toward US
Army Corps breakwater loan per Resolution 2015-15 from account 11103-0000-3721 -
I 1000; and
1). Funding in the amount of $717,503.99 is hereby appropriated from CPV Funds toward
US Army Corps breakwater loan per Resolution 2015-15 from account 11113-0000-
3 721 -11000; and.
c. Funding in the amount of $53,680 in unspent funds originating from the Harbor for the
Harbor Float replacement project is hereby appropriated and returned to the Harbor from
113 70-0000-3 72 1-11000; and
d . Funding in the amount of $23,891.87 in unspent funds originating from the Harbor
MRRF for the Harbor Float replacement project is hereby appropriated and returned to
thel-larboi-MRRF from 11370-0000-3721-11001; and
CITY OF SEWARD, ALASKA
RESOLUTION 2017-017
e. Funding in the amount of $53,684.92 in CPV funds representing the State of Alaska's
additional administrative fee for the close-out of the harbor float replacement project is
hereby appropriated from I I 113-0000-3710-11372; and
f Funding in the amount of $33,155.42 in unspent funds from the completed Northeast
Harbor Fish Cleaning Station is hereby appropriated to the South Harbor launch ramp
project in accordance with the requirements of Resolution 2016-033, from 11390-0000-
3721-11420; and
g. Funding in the amount of $9,888.36 is hereby appropriated from the General Fund to
close out the AL,PAR. project from account 01000-0000-3710-30113; and
h. Funding in the amount of $13,516.18 in unspent funds originating from the Electric
MRRF for the Electric Generator project is hereby appropriated and returned to the
Electric MRRF from 15320-0000-3720-15001; and
i. Funding in the amount of $215,237.62 in unspent funds from the North water storage
tank project is hereby appropriated to the Lowell Canyon water storage tank
refurbishment project from 1.731.0-0000-3721.-17330; and
j. Funding in the amount of $659.85 in unspent funds from the Fire Simulator pr(�ject is
hereby appropriated and returned to the General Fund from, 81030-0000-3710-01000.
Section 3. This resolution shall be retroactive to December 31, 2016.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 28 1h
day of March, 2017.
THE CITY OF SEWARD, ALASKA
Jean Bardarson, Mayor
AYES:
Casagranda, Keil, Squires, McClure, Altermatt, Slater, Bardarson
NOES:
None
ABSENT:
None
ABSTAIN:
None
ATTEST:
JJoani—na Kin
44 y v C C� �l MC
Clerk, CNIC
(City Seal)
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SEAL
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Meeting Date: March 28, 2016
Honorable Mayor and Members of the City Council
Through: Jim Hunt, City Manage -4
From: Kristin Erchinger, Finance Director 011
Agenda. Item: Retroactive appropriation of additional sales tax to Hospital Enterprise Fund
and close-out of projects at year-end
BACKGROUND & JUSTIFICATION -
The City of Seward sets aside a I % sales tax (currently one-fourth of all sales tax revenues) for the
purpose of'supporting local healthcare. When the City first initiated a sales tax in March, 1982
(Ordinance No. 507), the Ordinance explicitly addressed the funding of healthcare in Seward as a
primary purpose of the tax. The 2016 Budget anticipated total sales tax revenues of $4,575,000, and
the amount to be allocated for healthcare, of $1,143,750. Sales tax monies are legally required to be
used to cover healthcare bond payments per bond covenants, and are available to repay unfunded
retirement liabilities associated with former Seward General Hospital employees, for facility capital
costs, and for operational needs for healthcare -related operations.
Preliminary sales tax cash receipts in 2016 were $4,958,689 with one -quarter of total, sales tax cash
receipts r
qafertothe Hospital Enterprise Fund of $1,.239,672, necessitating an
aditntransfer of $95,92121
In addition to a retroactive adjustment for sales taxes, the City has completed a number of projects
which requiring close-out at the end of the year. Many of these prQjects can be closed out without
explicit appropriation, such as the return of unspent monies on a project to the donor Fund.
However, itemizing these transfers via individual appropriations allows the public to see that certain
City projects did not utilize all available resources, and the extent to which unspent funds are made
available for other priorities and needs.
One of the major year-end appropriations is the allocation of CPV Funds to the loan between the City
and the US Army Corps of Engineers for the harbor breakwater project. The outstanding balance on
the loan is $1,201,195.99, and these transfers will provide the Harbor with the funds to pay off that
loan if the Council makes a decision to do so. The allocation of CPV Funds for this purpose was
authorized via Resolution 2015-015. The transfers will encumber all remaining CPV funds received
to date.
An appropriation of remaining funds from the North Seward water storage tank ($215,237,62) is
transferred to the Lowell Canyon water storage tank reftirbishment, as the next priority water storage
tank project. Any future work on that project will require Council appropriation of these funds,
An appropriation ofremaining funds from the Harbor fish cleaning project ($33,155,42) is made to
the South Harbor launch ramp prqject. The City has committed to the State its willingness to
provide 25% of funding for the replacement of the South Harbor launch ramp, with the State
covering the remaining 75%, and these unspent project funds will assist with accumulating the City"s
required grant match.
An appropriation of funds to close out the AL PAR project ($9,888,36), results from a reduction in
grant funds available for the litter control and prevention project, The City will seek additional grant
funding for this activity in the future or will need to scale back its litter control efforts in the future.
A number ofcompleted projects with unspent monies are closing out and returning any remaining
monies to the Funds which provided the initial matching funds ($659,85 Fire Simulator prcjeet),
($13,516. 18 Electric Generator project)-, ($231,891.87 and $53,680 Harbor float prQject).
INTENT:
The intent of this resolution is to continue the practice of transferring '/4of all sales tax revenue from
the General Fund to the I-lospital Enterprise Fund for healthcare -related purposes, and to close out
projects at year-end, with a retroactive adjustment to the 2016 budget.
CONSISTENCY CHECKLIST:
Yes No N/.
I . _Comprehensive Plan (document source here):
2.
3 Othei- (list): Resolution 2015-15; Resolution 20 16-33; 2016 Budget 1). 76.
X
FISCAL NOI I E:
This action will increase funding available for healthcare purposes by $95,922. it will complete the
accumulation of monies needed to repay the $1.2 million loan with the US Army Corps of Engineers
for the breakwater project. It will provide matching funds for upcoming prQjects ($215,233 for the
Lowell Canyon water tank; and $33, 155 for the South harbor launch ramp replacement),
Approved by Finance Department:
ATTORNEYREVIEW: Yes —No- X
RECOMMENDATION:
Seward City Council authorize the transfer of an additional $95,955.2" in sales tax revenue ftom. the
General Fund to the Hospital Enterprise Fund, and the close-out of various projects at year-end, with
corresponding interfund transfers as identified within the resolution,
Sponsored by: Hunt
CITY OF SEWARD, ALASKA
RESOLUTION 2016-033
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AUTHORIZING PURSUIT OF GRANT FUNDS FROM THE
ALASKA DEPARTMENT OF FISH AND GAME TO REPLACE THE
SOUTH HARBOR LAUNCH RAMP, AUTHORIZING $387,363.68 TOWARD
THE CITY'S 25% MATCH, AND APPROPRIATING FUNDS
WHEREAS, the Harbor Major Maintenance and, Repair Fund (MRRF) contains
$299,863.68 of unspent funds from three recently -completed Harbor improvement projects which
came in under budget and therefore did not require spending the full project funding; and
WHEREAS, the Seward Boat Harbor had a condition assessment performed in 2011 which
indicated that the launch ramp has reached the end of its useful life and should be replaced; and
WHEREAS, the State of Alaska Department of Fish & Game (ADF&G) sent representatives
to Seward to evaluate the project and consider whether to provide grant funds for the replacement of
the South Launch ramp to include concrete, docks, drainage and galvanized steel piling; and
WHEREAS, if the city commits to the required 25% cost match for this project, ADF&G -
will proceed to engineer the project and seek funds for construction; and
WHEREAS, the administration recommends utilizing Harbor MRRF Funds in the amount of
$299,863.68, plus $87,500 previously approved for this project, for a total contribution of
$387,363.68 toward the city's 25% cost -share, and recommends the city seek grant funding through
ADF&G, which grant funds would be expected to cover 75% of the costs of replacing the South
Harbor Launch Ramp and docks.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA that:
Section 1. Funding in the amount of $299,863.68 is hereby appropriated from the Harbor
Major Repair & Replacement Fund account no. 11001-0000-3721-11420 to the South Harbor Boat
Launch replacement project infrastructure account no. 11420-0000-8101, and $87,500 previously
allocated to the South Harbor Boat Launch project is hereby appropriated from unassigned reserves
account no. 11420-0000-3400, to infrastructure account no. 11420-0000-8101, for a total
appropriation toward the city's 25% cost share of $387,363.68.
Section 2. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 25'h day of
April, 2016.
CITY OF SEWARD, ALASKA
RESOLUTION 2016-033
THE CITY OF SEWARD, ALASKA
I
Man Bardarson, Mayor
AYES:
Casagranda, Keil, Butts, Squires, McClure, Altermatt, Bardarson
NOES:
None
ABSENT:
None
ABSTAIN:
None
ATTEST:
J hanna ktnn,'CMC
ity Clerk
(City Seal)
m
Agenda Statement
Meeting Date: April 25, 2016
To: Jim Hunt, City Manager
From: Norman Regis, Harbormaster
Agenda Item: Re -appropriating $299,863.68 ofunspent capital project funds, plus $87,500
previously allocated, for a total appropriation of $387,363.68, toward the
City's 25% grant match to replace the South Harbor Launch Ramp
BACKGROUND & JUSTIFICATION:
The Seward Harbor previously depleted the Harbor Major Repair and Replacement Fund (MRRF) in
order to complete the A, B, C and S-float replacement project. Three harbor capital projects were
completed in 2015 and in the aggregate, came in $299,863.68 under budget, with the surplus monies
in those projects returned to the Harbor MRRF, where the funds originated. The surplus funds came
from the following: $4,666.65 unspent from the Sewer Pump -Out Project (RES 2014-069);
$67,836.13 unspent from the Vessel wash -down pad project (RES 2013-023 and RES 2013-033) and
$277,360.90 remaining from the D-float replacement project (RES 2011-060).
The State of Alaska Department of Fish & Game (ADF&G) conducted an evaluation of the harbor's
South Harbor launch ramp facility in 2011, determining that the ramp was in need of replacement.
ADF&G has access to grant funds to replace the launch ramp, with the grant covering 75% of the
cost, provided the City matches the grant with a 25% contribution. The ramp is currently in use but
requires constant maintenance and due to rotting wood, is becoming more of a safety concern. With
the expected future decline of State and Federal grant funding, this is a great opportunity to pursue
outside funding while this grant is still available. If the City commits to the availability of its 25%
match, ADF&G will proceed with the engineering and design for this project, and ADF&G will
apply for the grant funds on Seward's behalf, and will provide construction administration if the
project proceeds.
The City Council previously authorized $87,500 (RES 2014-094 Section 2, #2) toward the Launch
Ramp project, and when combined with the requested $299,863.68 residual funds from the closed -
out capital projects, $387,363.68 will be applied to the City's 25% project cost match. When
ADF&G approves the project and sends the City of Seward the grant paperwork, the administration
will bring forward a resolution to award a contract to replace the South Harbor Launch Ramp and
appropriate the grant funds for the project. Without Council commitment to fiend the 25% City
match, ADF&G will not proceed with engineering and design, nor apply for grant funds on behalf of
the City.
INTENT:
To commit $299,863.68 of unspent capital project funds plus $87,500 previously awarded for the
South Harbor Launch Ramp replacement project, to be used toward the City's 25% cost share to
replace the South Harbor Launch Ramp.
CONSISTENCY CHECKLIST: Where applicable, this agenda statement is consistent with the
Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council
Rules of Procedures or Other Plans or Policies:
CONSISTENC_Y_CHECKLIS_T_:
Yes
No
N/A
Comprehensive Plan (document source here): Page 23 Encourage the
1.
growth and development of an efficient, functional small boat harbor
X
that meets Seward's commercial and recreational needs.
Strategic Plan (document source here): Page 15 Celebrate the Natural
X
2
Environment.
Other (list): Seward City Code, Land Use Plans and 2016/2017 Budget
X
3
FISCAL NOTE: The Harbor MRRF has a fund balance of $62,050.69 before the close-out.of capital
projects in 2015 totaling $299,863.68, for a total balance of $361,914.37. Of this, $299,863.68 is
requested to combine with the $87,500 previously committed toward the City's 25% grant match to
replace the South Harbor Launch Ramp.
Approved by Finance Department:
ATTORNEY REVIEW: Yes No X
RECOMMENDATION:
Council approves Resolution 2016- ��J3 appropriating $299,863.68 from the Harbor MRRF
Fund and $87,500 previously transferred to the Launch Ramp Project, to apply to the City's 25%
grant match for the South Harbor Boat Launch replacement project.
Alaska Department of Fish and Game
Don of Administrative Services
P.O. Box 115526
Juneau, AK 99811-5526
Crative Ag
oopereement Number 17-068
Title.. Seward south Harbor Launch Ramp Renovation
Between'.
Alaska Department of Fish and Game
Division of Sport Fish
And the
City of Seward
I. AUTHORITY: Alaska. DepartmeCiof Dafterreferred oto as
This agreement is entered into by and between the Ala(hereinafter referred to as the IIADF&G" or the "Department") and thetof Seward (hereiny
"CITY").
ADF&G enters into this agreement under authority AS16�05.050 (12), AS36.30,850(c) and the Federal Aid in Sport
Fish Restoration Recreational Boating Access Program (CFDA# 15.604
II. PURPOSE OF THE AGREEMENT: srt fishing access to the marine waters near Seward by cooperatively
To improve public recreational boating and po
rehabilitating and maintaining a boat launch facility in Seward South Harbor. This will be accomplished in two phases:
Phase I -preliminary design and; permitting, and Phase 11-final design and construction.
111, TERM OF THE AGREEMENT:
The effective date of this agreement shall be from the date of final signature. The design life of this facility is 20
years; therefore, this agreement shall remain in effect until December 31, 2039,
Irmo
To hire a design consultant to complete planning activities (Phase 1) for the future renovation of the Seward
South Harbor Launch Ramp, hereinafter referred to as the launch facility. Phase I will consist of design and
permitting activities and Phase 11 will consist of final design and construction -related activities. Once Phase I is
complete, this agreement will be amended to address additional funding needed for Phase 11 of the project. The
total estimated cost of Phase I is $400,000. The source of funding for Phase I shall be 75% from the Federal
Aid in, Sport Fish Restoration Act (Dingell- JohnsonMallop-Breaux) and 25%® from state matching funds.
Availability of these funds shall be subject to approval of the project by the Federal Aid Office of the U.S. Fish
and Wildlife Service (USF&WS).
2. To authorize the CITY to continue to manage and maintain the launch facility as a CITY facility. The CITY
owns, operates, and maintains the existing facility, which is operated primarily for the use of recreational power
boaters and sport anglers.
3 To perform a final Inspection of III completed project lo verIfy com ,o11,q,q00 U111h ai 1"47601)70171
Alaska Dept. of Fish and Game
Cooperative Agreement# 17-068
V. COVENANTS OF THE CITY OF SEWARD:
To dedicate to this project, CITY owned uplands and/or tidelands under and immediately adjacent to the launch
facility. The parcel shall be used exclusively for boat launch ramps, boarding floats, vehicle/trailer parking and
other improvements incidental to functionality of this project. The parcel is shown on Attachment A.
The CITY warrants that it has the right, power, and authority, to construct the impwhich would prevent the CITY
rovements on the access site
and that there are no restrictions,, covenants, easements, rights-of-waY, or uses
from constructing the improvements on the access site.
2. To manage and maintain the launch facility for public use until December 31, 2039. The launch facility will be
managed primarily for the benefit of the recreational boating and sport fishing public in providing access to
king
public waters-, consistent with current management. The City shall maintain ample vehicle/trailer par — Phase 11) and no change in
spaces for the life of the ramp project (number to be defined upon final design
this use will be made without prior written approval of ADF&G.
& Management activities and maintenance services shall ensure orderly public use and keep the facility clean
and in a good state of repair. Management and maintenance may be adjusted seasonally commensurate with
seasonal public use.
4. ADF&G will consider the facility Closed to the public if the CITY physically denies access, falls to provide
adequate management or maintenance or allows incompatible uses of the facility that effectively limits public
use by recreational boaters and sport anglers.
5. To obtain and comply with ali federal, state and local permits required for construction and maintenance of the
renovation project.
& To install a sign identifying the participation of ADF&G , the Federal Aid in Sport Fish Restoratation indicatprogram that
and sport anglers in facility development. To install additional signage as deemed approprie, to e
the primary use of the facility is for sport fishing and recreational power boating access.
7- To be responsible, for a period of one year from the date of ADF&G's final inspection, for correcting all defects
in the design or construction when the defect is brought to the attention of the CITY, without additional cost to
ADF&G. The CITY will make good and be fully responsible for all damages to persons and property that arise
from equipment or workmanship which is inferior, defective, or not in accordance with the terms of this
agreement.
8. To maintain adequate insurance in conjunction with the design, construction and maintenance of the
improvements.
9. The CITY shall perform all aspects of the project in compliance with appropriate laws, and regulations which
include but are not limited to the following-.
a. Local Building Codes- The CITY shall comply with applicable local buildings codes and shall obtain a
building permit if required (AS 35.10.025).
b. Historic Preservation- The CITY shall comply with AS 41.35,070 to preserve historic, prehistoric and
archeological resources threatened by public construction.
C. Public Contracts- The CITY shall comply with AS 36.05 in determining the wages and hours of labor
on public contracts.
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Alaska Dept. of Fish and Game
Cooperative Agreement# 17-068
d. political Activity -'Federal funds cannot be used for partisan political purposes of any kind by any
person or organization involved in the administration of federally assisted programs.
e. Civil Rights- Pursuant to Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of
1973, Title 1, 11 & III of the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975 and
Title IX of the Education Amendments of 1972, no, person shall, on the grounds of race, color, national
origin, age, or handicap, be excluded from participation in or be subjected to discrimination in any program
or activity funded in whole or in part by federal funds.
f. Allowable costs/Cost principles -OMB 2 CFR 200 establishes principles and standards for determining
costs applicable to grants, contracts, and other agreements with state and local governments. A cost is
allowable for federal reimbursement only to the extent of benefits received by federal programs, and costs
must meet the basic guidelines for allowability, reasonableness and allocability.
9- Drug free Workplace Act- The CITY, by signing this agreement, certifies that they will provide a drug -
free workplace.
h. Debarment/Suspension — The CITY, by signing this agreement, certifies that neither it, nor its principals
or subcontractors is presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from federal financial assistance programs or activities.
L Audits- The CITY acknowledges that 75% of the funding for this agreement is from the Federal Aid
office of the U.S. Fish and Wildlife Service under CFDA 15.605. The CITY acknowledges that receipt of
federal funds may create audit requirements under OMB 2 CFR 200,
je Workers Compensation Insurance- The CITY shall provide and maintain, for all employees engaged in
work under this agreement, coverage as required by AS 23.30.045, and, where applicable, any other
statutory obligations including but not limited to Federal U.S.L. & H. and Jones Act requirements.
k. Open Competition - The CITY shall comply with Executive Order 13202 dated February 17, 2001
prohibiting any requirements or bidding preferences based on contractor affiliation with labor organlzations.
10. 41 United States Code (U.S.C.) 4712, Pilot Program for Enhancement of Recipient and
Subrecipient Employee Whistleblower Protection: This requirement applies to all awards issued
after July 1, 2013 and shall be in effect until January 1, 2017.
a. This award and related subawards and contracts over the simplified acquisition threshold and all
employees working on this award and related subawards and contracts over the simplified
acquisition threshold are subject to the whistleblower rights and remedies in the pilot program or
award: recipient employee whistleblower protections established at 41 U.S.C. 4712 by section
828 ofthe National Defense Authorization Act for Fiscal Year 2013 (P.L. 112-239).
b. Recipients, and their subrecipients and contractors awarded contracts overthe simplified
acquisition threshold related to this award, shall inform their employees in writing, in the
predominant language of the workforce, of the employee whistleblower eights and
protections under 41 U.S.C. 4712.
c. The recipient shall insert this clause, including this paragraph (c), in all subawards and contracts
over the simplified acquisition threshold related to this award.
11, If the CITY handles hazardous materials on the site, the CITY agrees to employ adequate procedures for safely
storing, dispensing, and otherwise handling hazardous materials in accordance with applicable federal, state,
and local laws. Hazardous materials include but are not limited to fuels and lubricants commonly used in
vehicles and boats.
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Alaska Dept. of Fish and Game
Cooperative Agreement# 17-068
In the event of a hazardous materials spill by the CITY or the public using the site, the CITY shall act promptly, at its
own expense, to contain the spill, repair any damage, absorb and clean up the spill area, and restore the site to a
condition satisfactory to the ADF&G and in accordance with applicable federal, state, and local laws. The CITY
shall be the lead agency in requesting additional funds from the legislature to cover the cost of spill clean-up.
ADF&G shall support such requests.
If contamination of the site occurs as a result of the CITY's management of the site, the CITY shall indemnify,
defend, and hold harmless the ADF&G from any and all claims, judgments, damages, penalties, fines, costs,
liabilities, or losses.
V1. GENERAL PROVISIONS:
ADF&G and the CITY shall cooperate in accomplishing the improvements to be provided under this agreement.
ADF&G shall provide design criteria for the improvements and employ a private engineering firm to complete
design and assist the CITY in obtaining necessary permits. The CITY shall be the lead agency in
accomplishing all work necessary to make the improvements. The CITY may employ construction contractors
as may be appropriate. The project shall be designed by a professional engineer registered in the State of
Alaska unless exempt under AS 08.48331
2, The CITY shall perform the following tasks in accomplishing this project:
Phase 1:
Design and land status: The CITY shall obtain all required permits and dedicate the land as specified in
paragraph V.I. above. Any federal funds not used for Phase I tasks shall be available for final design and
construction -related (Phase 11) activities.
Phase 11:
Final design and bidding: The CITY shall not proceed with final design or starting work with its own personnel
or advertising for contractor bids until notified in writing by ADF&G that the USF&WS has approved the project.
In the event USF&WS approval is not obtained by ADF&G or the non-federal match requirement cannot be
acquired, this agreement shall be terminated. During the bidding process, the CITY shall send to ADF&G a
copy of the bid package and all addenda that may be issued.
Construction: The CITY shall provide ADF&G a copy of the proposed construction schedule. The CITY shall
also promptly notify ADF&G of all changes made to the schedule or the design. At the completion of the
construction work, the CITY shall provide ADF&G a copy of the as -built plans. Reimbursement for construction
work shall be contingent on ADF&G approval of work actually performed.
AD,F&G review of designs, plans, specifications or other project -related documents will be to ensure
conformance to the purpose of this agreement and shall not constitute engineering review nor relieve the CITY
from responsibility to prepare an adequate design, meet code compliance, or assure that cost principles are
applied to change orders.
3. The CITY will be reimbursed only for the cost of work actually completed which is directly related and allocable
to the project and which ADF&G has approved. The CITY will not be reimbursed for administrative work or
overhead it incurred while completing the project. Reimbursement will be made within 30 days of receipt and
approval, by ADF&G, of a request for reimbursement from the CITY. All requests for reimbursement shall be
adequately documented. Documentation may include copies of materials invoices, payroll ledgers, equipment
logs, contract payments, etc. In the event of a late payment, ADF&G will not pay late fees.
Requests for reimbursement shall be mailed no more frequently than once a month to Jeff Breakfield at:
State of Alaska
Department of Fish and Game
Division of Sport Fish, Region II
43961 Kalifornsky Beach Road, Suite B
Soldotna, Alaska 99669
Page 4
Alaska Dept. of Fish and Game
Cooperative Agreement # 17-068
The CITY shall maintain a separate set of accounting records for this project and shall retain these records for a
period of three years from the termination of the agreement. These records shall be made available to the state
for audit purposes.
With the exception of the final payment, requests for reimbursement shall be in amounts not less than $10,000.
If the CITY chooses to make monthly billings, such billings will be held by ADF&G until the total amount reaches
at least $1 0,000 -
4, The CITY may charge user fees in accordance with Seward Municipal Code per the harbor tariff, Ordinance No.
210-002, § 1 (att.), 9-27-2010 "Boat Harbor®, in effect on the effective date of this agreement. All future changes
to the fee schedule shall be reviewed and approved byADF&G. Fees shall be subject to the following criteria:
a. Fees for recreational boating and sport fishing use shall not exceed fees for other uses at the launch facility.
b. Fees shall not be imposed to recover the capital cost of the improvements covered by this agreement.
c. Fees shall not exceed the cost of operation, maintenance and improvement of the site.
d. Site specific fees that exceed the cost of operation, maintenance and improvement are program income.
Fees collected and determined to be program income must be credited back to the Federal Aid in Sport
Fish Restoration program through ADF&G. The basic policies for the treatment of program income by the
USF&WS contained in OMB 2 CFR 200 apply to this agreement.
e. The CITY may establish a capital improvement account from user fees collected, to fund specified major
improvements to the site and/or routine maintenance, repair or replacement of the infrastructure.
Establishment of such an account shall be reviewed and approved by ADF&G. The CITY shall specify the
improvement proposed, the estimated cost, and completion date when requesting approval. Fees
accumulated in a capital improvement account will not be considered program income if they are used for
the approved improvement.
f. If required by future changes to federal regulations or at the request of ADF&G, the CITY shall provide
ADF&G an accounting of fees collected and costs of operation, maintenance, and improvements. This
accounting shall be on an annual basis and in sufficient detail to satisfy state and federal regulations.
g. Trailerable boats owned and operated by the ADF&G and the Department of Public Safety shall be allowed
to use the facility at no cost in the course of carrying out their official duties to the extent such use does not
interfere with public use of the facility .
5. The effective date of this agreement shall be from the date of final signature by ADF&G.
6. The design life of the facility is 20 years; therefore, this agreement shall remain in effect until December 31,
2039.
7. Either agency may terminate its involvement in this agreement by written notice to the other at least 90 days in
advance of the date on which termination is to become effective. In the event that an agency terminates its
involvement in this agreement, defaults in its duties under this agreement or this agreement expires, disposition
of the sport fishing access improvements shall be accomplished by whichever of the following contingencies is
appropriate:
a) Agreement expires on December 31, 2039:
ADF&G shall have the option to negotiate an extension of this agreement with the CITY for the
continued use of the facility for public sport fishing access. ADF&G shall have 90 days after the
expiration of this agreement in which to notify the CITY of its intent to exercise this option. If ADF&G
does not exercise this option, all improvements shall become the property of the CITY.
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Alaska Dept. of Fish and Game
Cooperative Agreement# 17-068
b) ADF&G terminates its involvement:
If prior to December 31, 2039„ ADF&G finds that there is no longer a need for the sport fishing access
improvements covered by this agreement, then this agreement shall be terminated. Improvements
funded by ADF&G shall become the property of the CITY at no additional cost to the CITY.
c) The CITY terminates its involvement:
If prior to December 31, 2039, the CITY closes the facility to the public, does not comply with the
requirements of this agreement or terminates its involvement in the purpose of this agreement, this
agreement shall be terminated and the CITY shall reimburse ADF&G for:
L The total funding it provided at the rate of 5 percent for each full year between the date of
termination and December 31, 2039.
ii. The appraised fair market value, on the date of the CITY's default, of any land acquired for the
project with ADF&G funds.
This agreement shall be terminated when the CITY's reimbursement to ADF&G is completed. The CITY
shall not be required to reimburse ADF&G in the event the facility must be closed to protect public safety
because of casualty damage arising from a catastrophic occurrence.
& The CITY may make improvements to the facility at its own expense provided the improvements are compatible
with the purpose of this agreement and are approved in writing by ADF&G prior to construction.
9. Funding for major maintenance or repair of casualty damage will be negotiated on a case -by -case basis. Each
agencys share of such funding shall be contingent on availability of funds.
10. The rights and responsibilities vested in each agency by this agreement shall not be assigned without the
written consent of the other agency.
11. Agents and employees of each agency shall act in an independent capacity and not as officers, employees, or
agents of the other agency in performance of this agreement.
12. Nothing in this agreement shall obligate either agency to the expenditure of funds or future payments of money
in excess of those herein agreed upon or authorized by law.
11 Nothing in this agreement transfers title or land jurisdiction other than set forth herein.
14. The CITY shall indemnify, hold harmless and defend ADF&G from and against any claim of, or liability for error,
omission or negligent act of the CITY under this agreement. The CITY shall not be required to indemnify
ADF&G for a claim of, or liability for, the independent negligence of ADF&G. If there is a claim of, or liability for,
the joint negligent error or omission of the CITY and the independent negligence of ADF&G, the indemnification
and hold harmless obligation shall be apportioned on a comparative fault basis. "CITY" and "ADF&G" as used
within this paragraph,, include the employees, agents and other contractors who are directly responsible,
respectively, to each. The term "independent negligence" is negligence other than in ADF&G's selection,
administration, monitoring or controlling of the CITY and in approving or accepting the CITY's work.
15. All parties agree to comply with all applicable federal and state laws regulating ethical conduct of public officers
and employees.
16. Each agency will comply with all applicable laws, regulations, and executive orders relative to Equal
Employment Opportunity.
17. Nothing herein is intended to conflict with federal, state, or local laws or regulations. If there are conflicts, this
agreement will be amended at the first opportunity to bring it into conformance with conflicting laws or
regulations.
1& This agreement may be revised as necessary by mutual consent of both parties, by the issuance of a written
amendment, signed and dated by both parties.
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Alaska Dept. of Fish and Game
Cooperative Agreement# 17-068
19. All approvals and notices required by this agreement shall be written and shall be sent by registered or certified
mail to:
Director City Manager
Division of Sport Fish City of Seward
Alaska Dept of Fish & Game P.O. Box 167
P.O. Box 115526 410 Adams Street
Juneau, Alaska 99811-5526 Seward, Alaska 99664
20. This agreement is complete and has no other encumbrances, addenda, attachments, or amendments with the
following exceptions: Attachment A: Parcel Location
V11. FINANCIAL CONSIDERATIONS
ADF&G will fully fund Phase I (permitting/planning) to the awarded engineering firm, for accomplishing the purpose of
this agreement in the amount of $400,000 total; any additional funding amount that may be needed to complete Phase I
will be at the sole discretion of ADF&G. This cooperative agreement shall be amended to address additional funding
that will be needed for Phase 11, construction.
The CITY will be reimbursed during Phase 11 (construction), only for the cost of work actually completed which is directly
related and allocable to the project and, which ADF&G has approved. All requests for reimbursement shall be
adequately documented. Documentation may include copies of materials invoices, payroll ledgers, equipment logs,
contract payments, etc. In the event of a late payment, ADF&G will not pay late fees.
The CITY shall maintain, a separate set of accounting records for this project and shall retain these records for a period
of three years from the termination of the agreement. These records shall be made available to the state for audit
purposes.
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Alaska Dept. of Fish and Game
Cooperative Agreement# 17-068
IN WITNESS WHEREOF, the parties hereto have caused this Cooperative Agreement to be executed as of the date
of last signature below.
CITY OF SEWARD
J m Hunt, City Manager
City of Seward
. ...........
Date
ALASKA DEPARTMENT OFFISH AND GAME
Tom rookover, Director
T04
S \Division of Sport Fish
Date
............
/Carol Petraborg, Director
Division of Administrative Services
17
Date
Page 8
Alaska Dept. of Fish and Game
Cooperative Agreement# 17-068
Attachment A: Parcel Location
Area K
Arezi I
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al
A T rea L
11k, �0
V'A c
A ri, P �,,Seward
0,�
Cooperative Agreement Number 17-068
Title: Seward South Harbor Launch Ramp Renovation
Division of Sport Fish
The purpose of this agreement is to revise the original agreement dated February 2017 to add funding for Phase 11
(construction) in order to complete the Seward South Harbor Launch Ramp Renovation project. Except for the following
changes, all provisions of the original agreement remain unchanged and in full effect.
IV. "COVENANTS OF THE ALASKA DEPARTMENT OF FISH AND GAME" 1. is amended as follows:
1 . To reimburse the CITY for accomplishing the purpose of this agreement by completing Phase 11
(construction) of this project (paragraph VI.2. of the original agreement). Funding in an amount not to
exceed $1,725,000 will be reimbursable to the CITY,for Phase 11 activities. The source of funding shall be
1'00% from the Federal Aid in Sport Fish Restoration Act (Dingell — Johnson/Walloip Breaux). Availability of
these funds shall be subject to approval of the project by the Federal Aid Office of the U.S. Fish and Wildlife
Service (USF&WS).
To dedicate to this project, CITY owned uplands and/or tidelands under and immediately adjacent to the
launch facility- The parcel shall be used exclusively for boat launch ramps, boarding floats, vehicle/trafler
parking and other improvements Incidental to the functionality of this project. The parcel is show on
Attachment A.
The CITY warrants that it has the right, power, and authority to construct the improvements on the access
site and that there are no restrictions, covenants, easements, rights -of -way, or uses which would prevent
the CITY from constructing the improvements on the access site.
V1. "GENERAL PROVISIONS" 3. is amended as follows:
3. The CITY will be reimburse,d only for the cost of work completed which 'I$ directly related and allocable to
the project and which ADF&G has approved. The CITY will not be reimbursed for administrative work or
overhead it incurred while completing the project, Reimbursement will be made within 30 days of receipt
and approval, by ADF&G, of a request for reimbursement from the CITY. All requests for reimbursement
shall be adequately documiented. Documentation may include copies of materials invoices, payroll ledgers,
equipment logs, contract payments, etc. In: the event of a late payment, ADF&G will not pay late fees.
Requests for reimbursement shall be mailed no more frequently than once a month to Paul Cyr at:
Alaska Department of Fish & Game
Division of Sport Fish
525 W. 67h1ve.
Alaska Dept, of Fish and Game
Cooperative Agreement # 17-068, Amendment One
I
The CITY shall maintain a separate set of accounting records for this project and shall retain these records
for a period of three years from the termination of the agreement. These records shall be made available to
the; state for audit purposes.
With the exceptioin of the finalpayment, requests for reimbursemen�t shall be in amounts not less than
$25000. If the CITY chooses to make monthly b,ill�in�gs, such billings will be hel:d by ADF&G until the tota
amoeast $25,000.
ADF&G will reimburse the CITY for accomplishing the purpose of this agreement in the amount of $1,725,000 total. T
CITY will provide noin-federal source matching funds and/or in-kinid contributions (fair market value of CITY quarry roc
used in construictiion) in an amount not less than $575,000. 1
The CITY will be reimbursed durin Phase 11 Wonstr
wctia�lw. 61
IMM100,110i -
60 "1110
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The CITY shall maintain a separate set of accounting records for this project and shall retain these records for a perilm
of three years from the termination of the agreement. These records shall be made available to the state for audit
purposes.
To document the required match to be provided by the CITY as specified in paragraph V.I. all requests for
reimbursement will be 4,aid at the rate of 75%
17Ty
W71
Edidie Athey, Acting City Manager
City of Seward
MERM
Tom Brookover, Director
Division of Sport Fish
IM-
Carol Petraborg, Director
EM
NM