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HomeMy WebLinkAboutRes2004-129 Sponsored by: Shealy I CITY OF SEWARD, ALASKA RESOLUTION 2004-129 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING AMENDMENT NO.1 TO THE AGREEMENT BY AND BETWEEN THE CITY OF SEWARD AND QUTEKCAK NATIVE TRIBE FOR OPERATING AND MAINTAINING THE SEWARD MARlCULTURE RESEARCH CENTER AND SHELLFISH HATCHERY AND APPROVING THE ASSIGNMENT OF THE AGREEMENT TO CHUGACH REGIONAL RESOURCES COMMISSION WHEREAS, the City and the Qutekcak Native Tribe ("QNT") entered into an agreement in December 1997 for the operation of the Mariculture Production Facility and to cover maintenance costs at the Maricu1ture Technical Center while producing high quality spat and aquatic plant seed stalks for the Alaska Mariculture Industry; and I WHEREAS, a new Agreement for Operating and Maintaining the Seward Mariculture Research Center and Shellfish Hatchery (the "Agreement") was entered into with QNT and QNT has been operating the shellfish hatchery under this Agreement since May 28,2003; and WHEREAS, QNT would like to assign its responsibilities under the Agreement to the Chugach Regional Resources Commission ("CRRC"), a consortium of tribal entities; and WHEREAS, Amendment No. 1 to the Agreement would provide for the assignment and approve the assignment ofthe agreement to CRCC; and WHEREAS, under this assignment, CRRC would assume all the responsibilities under the Agreement, but it would not release QNT from its responsibilities, if CRRC failed to perform under the Agreement; and WHEREAS, the Governor's Office of the State of Alaska has approved some additional funds to support the operation of the shellfish hatchery and in order to get those grant funds to the shellfish hatchery as soon as possible, it is necessary to authorize and consent to an assignment of the Agreement to CRRC. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: I CITY OF SEWARD, ALASKA RESOLUTION 2004-129 Section 1. Amendment No. 1 to the Agreement by and between the City of Seward and Qutekcak Native Tribe for operating and maintaining the Seward Mariculture Research Center and Shellfish Hatchery is hereby approved 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 21st day of December, 2004. THE CITY OF SEWARD, ALASKA v1f:.~er, &- AYES: NOES: ABSENT: ABSTAIN: Branson, Dunham, Valdatta, Amberg, Lorenz, Shafer None Clark None ATTEST: ~l ~' '~~ di\(J J e Lewis C~ Clerk - \"111."",, ~....~ 0<; SE!1' "" (City Seal) _#~ "....,., ~~... ..~. ~ .-'OOD...-. "v ~.. ~ (j ':o~... . "17";..., -.. . ..~ '-.0-. 11-;" :J .. ~....- '8 ,,~ ... :~ ~ ... ~":~ :: : ~Ti',l\L : f.' ;~ .. e: l-'~.;' . . :::: ': \ ~ .: ~ ~~.. ~f1,.' ,.~~.. ;". ~. .(\:..."t.IJN~ '" "~."....."~~~'~~ v;... v~.." oil. -r.: "oil ,,", ,.) v.;,. '''i.,., ......,.. 1('," ~:. ;r<,~ l:: (~t:: f~,' ".t.. -'~ . ,,'.;.." .'~'3iU4'~1.~t. COUNCIL AGENDA STATEMENT Meeting Date: December 21, 2004 Through: Phil Shealy, City Manager From: Rick Gifford, Assistant City Manager Agenda Item: Seward Mariculture Research Center and Shellfish Hatchery BACKGROUND & JUSTIFICATION: The City and the Qutekcak Native Tribe (“QNT”) entered into an agreement in December 1997 for the operation of the Mariculture Production Facility and to cover maintenance costs at the Mariculture Technical Center while producing high quality spat and aquatic plant seed stalks for the Alaska Mariculture Industry. A new Agreement for Operating and Maintaining the Seward Mariculture Research Center and Shellfish Hatchery (the “Agreement”) was entered into with QNT and QNT has been operating the shellfish hatchery under this Agreement since May 28, 2003. QNT would like to assign its responsibilities under the Agreement to the Chugach Regional Resources Commission (“CRRC”), a consortium of tribal entities. However, the current Agreement does not provide for an assignment. Amendment No. 1 to the Agreement would provide for the assignment and approve the assignment of the agreement to CRCC. Under this assignment, CRRC would assume all the responsibilities under the Agreement, but it would not release QNT from its responsibilities, if CRRC failed to perform under the Agreement. Eventually, the parties involved would like to negotiate a new operating and maintenance agreement. However, a new agreement would involve a longer process and require approval from the University of Alaska who holds an underlying lease of the property. The Governor’s Office of the State of Alaska has approved some additional funds to support the operation of the shellfish hatchery and in order to get those grant funds to the shellfish hatchery as soon as possible, it is necessary to do the assignment of the Agreement to CRRC. CONSISTENCY CHECKLIST: Yes No 1. Comprehensive Plan X 2. Strategic Plan X 3. Other 4. Not applicable COUNCIL AGENDA STATEMENT Meeting Date: December 21, 2004 Amendment No. 1 to the Shellfish Hatchery Agreement Page 2 FISCAL NOTE: The only costs associated with this Amendment No. 1 and the assignment is administrative staff time and legal costs which are provided for within budget. Approved by Finance Department: RECOMMENDATION: Council approve Resolution 2004- 129 approving Amendment No. 1 to the Agreement by and between the City of Seward and Qutekcak Native Tribe for operating and maintaining the Seward Mariculture Research Center and Shellfish Hatchery and approving the assignment of the Agreement to Chugach Regional Resources Commission.