Loading...
HomeMy WebLinkAboutRes1984-050 . . . e t OS/24/84 FBA/rsa CITY OF SEWARD, ALASKA RESOLUTION NO. 84-50 A RESOLUTION OF THE CITY COUNCIL OF THE OF SEWARD, ALASKA, ADOPTING TERMINAL PERMIT FORMS FOR USE OF PUBLIC FACILITIES. CITY USE DOCK WHEREAS, the City Council of the City of Seward finds it in the public interest to promote maximum utilization of the City-owned dock facilities, and WHEREAS, it is in the public interest that such use be regulated with such reasonable conditions and requirements as may be necessary to protect the public health and safety, and WHEREAS, provision of such space will benefit the industry in Seward, and WHEREAS, such existing facilities, and personnel; use will cause wear and tear to the will increase the workload of existing NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The Harbormaster as the designee of the Ci ty Manager is authorized to enter into terminal use permits with members of the public who desire to utilize public dock space. Section 2. The Harbormaster is authorized to grant such. permi ts in accordance with the terminal use permit form attached to this resolution as Exhibit "A." Section 3. This resolution immediately following its adoption. shall take effect PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 29th day of May , 1984. Q-:V~ALASKA Donald W. CrIpps, Mayor -l- e e CITY OF SEWARD, ALASKA RESOLUTION NO. 84-50 . AYES: NOES: ABSENT: Cripps, Gillespie, Meehan, Swartz, Williams None Hilton, Wilson APPROVED AS TO FORM: ATTEST: HUGHES, THORSNESS, GANTZ, POWELL & BRUNDIN, Attorneys for the City of Seward ~I?f~ Fred B. Arvidson (City Seal) . . -2- . . . . - TERMINAL USE PERMIT Port of Seward City of Seward THIS AGREEMENT made and entered into this day 19_, by and between the CITY OF SEWARD, of ALASKA, and WHEREAS, the terminals suitable nonexclusive basis. Ci ty of Seward operates certain marine for cargo handling at the Port of Seward on a NOW,THEREFORE, the parties agree as follows: Section l. Definitions. A. "Car loading or unloading" means the movement of cargo from the marine terminal to, on, or into trucks, trailers, semi- trailers, or another place on the marine terminal. B. "Check" or "checking" means the determine its quantity, condition, consignee's identity, and the accuracy of inspection of cargo to or destination, the billing. C. "Direct loading or unloading" means cargo between a vessel and another vehicle or transportation. the movement of vessel used for D. "Handling" means the movement of cargo between a vessel and the first place of rest on the marine terminal. E. "Longshore services" means any unloading, direct loading or unloading, cargo. act of car loading or handling or storing of F. "Marine docks" means wharfs and access ramps, and any equipment which is permanently affixed thereto. G. "Marine terminal" means the docks, yards, and related facilities which comprise the Port of Seward. H. "City" means the City of Seward, Alaska. I. "Permi t tee" means J. "Port" means the marine terminal facility owned by the City of Seward at Seward, Alaska. K. "Harbor Master" means the Harbor Master of the City of Seward or his designee. -1- . . . . . Section 2. Term. This permit shall become effective on the 19 and shall expire on the , 19 Expiration or termination authority to use the marine terminal shall not continuing obligations under this permit. day day of the affect of of Permittee's the parties' Section 3. Notices. Any notice provided for herein shall be given transmitted by personal delivery or prepaid registered or certified mail to the parties at addresses: in writing and first class the following City: Harbor Master City of Seward P.o. Box 167 Seward, Alaska 99664 Permittee: Notice sent by mail shall be considered given forty-eight (48) hours after mailing; provided, however, that if notice sent by mail is also sent by telex or telecopy, such notice shall be considered given upon dispatch of the telex message or telecopy if sent any time during normal business hours of the City of Seward administrative offices and prior to expiration of the 48 hour period after mailing. Telex or telecopy messages shall be sent to the parties at the following numbers: City: Attn: Fred B. Arvidson Hughes, Thorsness, Gantz, Powell and Brundin 509 West Third Avenue Anchorage, Alaska 99501 Telecopy: (907) 274-7522 (8 am - 5 pm) (907) 274-7525 (after 5 pm) Telex: 090-26376 Permittee: -2- . . . . . Section 4. Responsibilities of City. During the term of this permit the City shall: A. Use its best efforts to provide dock facilities at the Port upon which the permittee may conduct longshore services as set forth herein. B. Designate areas consistent with Port operation in which the Permittee may park and store vehicles and equipment related to its activities at the Port. C. Reasonably provide for the removal of snow and ice from the dock and storage yard. Section 5. Responsibilities of Permittee. During the term of this permit the Permittee: A. May perform longshore services at the marine terminal 1n accordance with the terms of this permit. B. Shall furnish all personnel, equipment, supplies, and dunnage necessary to its performance of longshore services under this permit. C. May store cargo on City property only in those areas designated by the Harbor Master for the purpose and in a manner approved by the Harbor Master. D. At all times other than those when the Permittee is actually servicing a vessel, it shall keep all port facilities it uses pursuant to this permit clean and clear of its personnel, equipment, cargo, debris, dunnage, and other material. If the Harbor Master determines that the Permittee has failed to perform as required by this subsection, the Harbor Master may direct the Permi ttee to secure a labor force to so perform at the sole expenses of the Permittee and the Permittee shall do so immediately. If the Permittee fails to commence such performance within twenty-four (24) hours after notice from the Harbor Master, the Harbor Master may arrange for such performance at the sole expense of the Permittee and the Permittee shall pay those expenses before performing further longshore services pursuant to this permit. E. The Permittee may leave its equipment or vehicles or its employees' vehicles only in those areas designated by the Harbor Master for such purposes. The Permittee assumes the risk for any damage that may be sustained by such equipment or vehicles at the Port. F. The Permittee shall have absolute control of and responsibility for the actions of its employees. -3- . . . . . Section 6. Cooperation. A. This permit is a nonexclusive authority for the Permittee to perform the services set forth in Section 5 and the Permittee understands that similar authority may be held by others. The Permittee shall cooperate with all other persons authorized to work at the Port. The Harbor Master may order the Permittee to schedule its activities so as to accommodate the work of other persons and the Permittee shall comply with such an order. The Harbor Master may arrange for or change berthing schedules of vessels in order to maxmize public use of the Port facilities. Permittee agrees to provide the Harbor Master with advance notice of work or berthings whenever possible and to cooperate with and abide by the Harbor Master's scheduling of use of Port facilities. B. Neither Permittee nor its agents, officers, employees or personnel shall intentionally interfere with or hinder the work of other persons authorized to work at the Port nor shall they move, remove, use, deface, damage, destroy or alter any equipment, vehicles, materials, or cargo owned by or under the control of any other person authorized to work at the Port. Section 7. Checking Services. A. The Permittee shall check all cargo which it loads, unloads, or handles and prepare allover, short, and damage reports as may be required by a shipper, carrier, or consignee. B. The Permittee shall be solely responsible for all apparent damage or pilferage suffered by cargo checked by the Permittee and not recited in shipside, excection, final over, short, damage, or unloading reports, except for such damage as is caused by the intentional misconduct of a City employee. Permittee shall be solely of cargo as a result any report listed in liable for all errors in of improper checking or subsection (B) of this C. The its delivery completion of section. Section 8. Facility Damage. A. The Permittee or its personnel shall not deface, damage, destroy or alter any portion of the Port facility or equipment. B. The Permittee shall give immediate verbal notice to the Harbor Master if he should become aware of defacement, damage, alteration, or destruction to any part of the Port facility, regardless of the cause. The Permittee shall also submit written notice of such an event to the Harbor Master within twenty-four (24) hours thereafter. Both the verbal and written reports shall fully describe the incident, including the nature of the harm, how it occurred, the identity of all persons involved and all witnesses to the incident. -4- . . . . . C. If caused by Permittee or its personnel, Permittee may repair or replace such damage, destruction, or alteration at his own expense and by means of his own work force if he pledges to do so within twenty-four (24) hours after the incident and proposes a schedule of performance satisfactory to the Harbor Master. If the Permittee fails to give timely notice to the Harbor Master as required by this section, he shall no longer have the right to repair or replace such damage, destruction, or alteration and the Harbor Master may proceed to so perform. The Permittee shall pay the City for the cost of repair or replacement plus twenty-five percent (25%) administration overhead costs within fifteen (l5) days after presentation of a bill by the Harbor Master. The Permittee shall pay any bill submitted in accordance with this section before performing further longshore services under this permit. Section 9. Work Conditions; Labor Contracts. A. The terms of each current labor agreement, if any, between the Permittee and others who perform longshore services, including any amendments made during the term of this permit, shall govern hours of labor, overtime compensation and other working conditions for the Permittee's longshore workers. B. The copy of any paragraph. The permit to enter Permi ttee shall provide the Port Director with a labor agreement described in the preceding Permittee is not required as a condition of this into any labor agreements. Section 10. Nondiscrimination. In may not creed, status, performing its duties under this permit, discriminate against any person on the color, religion, national origin, age, physical or mental handicap. the Permittee bas is of race, sex, marital Section 11. Permits, Laws and Taxes. A. The Permittee shall acquire and maintain in good standing all permits, licenses, and other entitlements necessary to its performance under this permit. All actions taken by the Permittee under this permit shall comply with all applicable statutes, ordinances, rules and regulations. The Permittee shall pay all taxes pertaining to its performance under this permit. B. The Permittee shall observe all rules and signs posted at the Port, including "No Smoking" signs posted at the marine terminal and all u.s. Coast Guard Safety Requirements, whether or not they are posted. C. Permittee shall comply with all regulations and requirements prior to loading, unloading or handling any hazardous chemicals, flammable liquids, compressed gases or similar hazardous materials. The Permittee shall provide notice -5- . . . . . to the Harbor Master of intent to load, unload, or handle such materials and shall provide to the Harbor Master copies of all permits required for such operations by the U.S. Coast Guard, Department of Transportation, Seward Fire Department, or any other government agency with jurisdiction over such operations. Section 12. Non-Waiver. The failure of the City at any time to enforce a provision of this permit shall in no way constitute a waiver of the provision, nor in any way affect the validity of this permit or any part hereof, or the right of the City thereafter to enforce each and every provision hereof. Section 13. Assignments. Except insofar as this permit specifically permits assignments, any assignment by the Permittee of its interest in any part of its interest or delegate duties under this permit shall give the City the right immediately to terminate this permit without any liability. Section 14. Amendment. The parties may amend this contract only by written agreement, which shall be attached as an appendix hereto. Section IS. Jurisdiction, Choice of Law. Any civil action rising from this permit shall be brought in the Superior Court for the Third Judicial District of the State of Alaska at Seward. The law of the State of Alaska shallgovern the rights and obligations of the parties under this permit. Section 16. Severability. Any provision of this permit decreed invalid by competent jurisdiction shall not invalidate the provisions of the permit. a court of remaining Section 17. Integration. This instrument and all appendices and amendments hereto embody the entire agreement of the parties. There are no promises, terms, conditions or obligations other than those contained herein; and this permit shall supersede all previous communications, representation or agreements, either oral or written, between the parties. Section l8. Liability. The Permittee shall indemnify, defend, save, and hold the City harmless from any claims, lawsuits or liability, including attorney's fees and costs, arising out of loss, damage or injury -6- . . . . . to persons or property occurring during the course of or as a result of the Permittee's performance under this permit. Section 19. Risk of Loss. The Permittee agrees that any equipment, cargo, vehicle, or other material of any kind which is stored or placed at the Port is so stored and placed at the sole risk of the Permittee. In the event that any such equipment, cargo, vehicles or other material is damaged or destroyed by any cause other than the intentional misconduct of the City or its employees, the Permittee shall not seek compensation or restitution of any kind from the City. Section 20. Permit Administration. The Harbor Master shall administer this permit on behalf of the City. Section 21. Termination. Either the City or the Permittee may terminate this permit at any time for any reason by notifying the other party in writing at least twenty (20) days before the date upon which such termination is to be effective. Neither party shall be liable to the other under this permit atter the effective date of termination. Section 22. Disputes. In the event of a dispute between the parties under this permit, the Harbor Master shall reduce his position to a written decision and serve a copy thereof upon the Permittee. The Permittee may appeal the decision by written application to the City Manager within fourteen (l4) days after receiving the Harbor Master's decision. While the appeal is pending, the Permittee shall abide by the decision of the Harbor Master. The Permittee may appeal the decision of the City Manager by written application to the City Council within fourteen (14) days after receiving the City Manager's decision. While the appeal is pending the Permittee shall abide by the decision of the City Manager. The decision of the City Council shall be final. Section 23. Insurance. A. During the term of this permit, the Permittee shall maintain in good standing insurance described in subsection (8) of this section. Prior to its performance pursuant to this permit, the Permittee shall furnish the Harbor Master a certificate of insurance in accordance with subsection (8) of this section. 8. The Permittee shall obtain: -7- tI . . . . (l) Bodily injury liability insurance in an amount not less than $500,000.00 for anyone person and not less than $1,000,000 for anyone accident or occurrence. (2) Standard Workmen's Compensation, Social Security, Unemployment, Employer's Liability Insurance and Longshoremen's and Harbor Worker's Compensation Insurance as may be required by state or federal law. (3) Property damage liability, which shall include any and all property whether or not in the care, custody, or control of the Permittee, in an amount of not less than $1,000,000.00 on account of anyone accident. C. The insurance obtained pursuant to this section shall name the City as an additional insured, and provide for written notice of any termination, cancellation, or expiration of the insurance to be delivered to the Harbor Master no less than thirty (30) days before the effective date thereof. Section 24. Fire Prevention. The Permittee shall keep fire lans clear and maintain fire control equipment in a readily accessible location. Section 25. Breach and Remedies. A. A violation of any of the provisions of Section this permit shall be grounds for immediate termination of permit upon written notice to Permittee. 6 of this B. A violation of any other provision of this permit or of any conditions imposed upon a voyage permit, and the failure to remedy the same within forty-eight (48) hours after written notice to Permittee of the violations, shall constitute grounds for immediate termination of this permit. IN WITNESS WHEREOF, the parties have executed this permit on the date first hereinabove written. CITY OF SEWARD PERMITTEE: By By City Manager/Clerk Name: Date: -8- . . . . . APPROVED AS TO FORM: By Hughes, Thorsness, Gantz, Powell and Brundin Harbor Master Name: Date: By {-.d.r1I~ Fred B. Arvidson Date: ('12'1/i'r STATE OF ALASKA ss. THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that on this day of 1984, before me, the undersigned, a Notary Public in and for the State of Alaska, duly commissioned and sworn as such, personally appeared , known to me and to me known to be the individual named in and who executed the foregoing instrument, and he acknowledged to me that he did sign and seal the same as his voluntary act and deed for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first hereinabove written. Notary Public in and for Alaska My Commission Expires: STATE OF ALASKA ss. THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that on this day of 1984, before me, the undersigned, a Notary Public in and for the State of Alaska, duly commissioned and sworn as such, personally appeared , known to me and to me known to be the individual named in and who executed the foregoing instrument, and he acknowledged to me that he did sign and seal the same as his voluntary act and deed for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first hereinabove written. Notary Public in and for Alaska My Commission Expires: -9-