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HomeMy WebLinkAboutRes2020-071 PULLED FROM AGENDA Sponsored by: Meszaros Postponed: August 24, 2020 CITY OF SEWARD,ALASKA RESOLUTION 2020-071 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING THE MEMORANDUM OF AGREEMENT (MOA) BETWEEN THE ALASKA RAILROAD CORPORATION (ARRC) AND THE CITY OF SEWARD, AUTHORIZING THE CITY TO REIMBURSE ARRC FOR UP TO $396,275 IN COSTS ARISING FROM THE MITIGATION OF COVID-19 AT THE CRUISE SHIP TERMINAL AND DOCK, USING GRANT FUNDS AWARDED TO THE CITY THROUGH A DESIGNATED LEGISLATIVE GRANT FOR COVID-19 MITIGATION AND REIMBURSEMENT WHEREAS, on April 29, 2020, the Department of Commerce, Community, and Economic Development ("Department") notified the City of Seward ("City) that legislature appropriated $440,306 to the City for the purpose of mitigating the risk of COVID-19; and WHEREAS, in order to receive the funds, the City had to provide the Department a document detailing the scope of work for the project; and WHEREAS, on May 6, 2020, the City provided the Department a scope of work for the project committing to use the funds for specified mitigation and protection measures on the Cruise Ship Terminal and Dock to protect the community and cruise ship passengers from transmission of COVID-19 ("Grant Scope of Work"); and WHEREAS, the Alaska Railroad Corporation, who is the owner of the Cruise Ship Terminal and Dock, has agreed to work with the City on the installation and implementation of the protective and safety measures identified in the Grant Scope of Work; and WHEREAS, the City has agreed to reimburse the Alaska Railroad Corporation for up to $396,275 of its costs incurred for completing qualified protective and safety measures identified in the Grant scope of Work; and WHEREAS, the completion of the protective and safety measures identified in the Grant Scope of Work are in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA that: Section 1. The Seward City Council hereby approves the Memorandum of Agreement, attached to this Resolution as Exhibit A, and authorizes the City Manager or his designee to execute this Agreement on the City's behalf. CITY OF SEWARD,ALASKA RESOLUTION 2020-071 Section 2. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 14t' day of September, 2020. THE CITY OF SEWARD,ALASKA PULLED FROM AGENDA Christy Terry, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda J. Ballou, MMC City Clerk (City Seal) Agenda Statement Meeting Date: August 24, 2020 To: City Council From: City Manager, Scott Meszaros S - Agenda Item: Resolution of the City Council of the City of Seward, Alaska Approving the Memorandum of Agreement (MOA) with the Alaska Railroad Corporation for Mitigating COVID-19 at the Cruise Ship Terminal through the Alaska Department of Commerce, Community, and Economic Development, Designated Legislative Grant Program BACKGROUND & JUSTIFICATION: In order to stop the spread of the coronavirus (COVID-19), Governor Dunleavy issued many state health mandates that imposed several social and business restrictions throughout Alaska. In late April, the City received notification from the Department of Commerce, Community and Economic Development that it was being appropriated $440,306.00 to mitigate COVID-19 at the Cruise Ship Terminal. Working with the Alaska Railroad and the cruise ship agency, the City responded with a scope of work to mitigate COVID-19 at the cruise ship terminal. On July 7'h, the City received the Designated Legislative Grant agreement 20-CPV-06, for mitigating COVID-19 at the cruise ship terminal. On July 27'h, the Seward City Council approved Resolution 2020-059 accepting the $440,306.00 in grant funds from the state. A 10% administration cost to the City is allowed for managing the grant, leaving $396,275 of grant funds for the mitigation of COVID-19 at the railroad terminal The City, in collaboration with the Alaska Railroad, have established a MOA to comply with the conditions of the grant agreement on the use of these funds. INTENT: To approve the Memorandum of Agreement (MOA) with the Alaska Railroad authorizing the City of Seward to reimburse the Alaska Railroad for up to $396,275 in cost arising from the mitigation of COVID-19 at the Railroad Terminal and to comply with the Designated Legislative Grant Agreement 20-CPV-06. 92 CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan (Page I-9 2.2.7) Community Partnership - 1 continue supporting community organizations and their private grants X that enhance our community. Strategic Plan (Page 4 Transportation Facilities) We are a community 2 with diverse transportation facilities including road rail air pedestrian X and water routes that meet the needs of residents, businesses and visitors 3. Other(list): Emergency Declaration Extension COVID 19 X ATTORNEY REVIEW: X Yes No FISCAL NOTE: The Alaska Railroad Corporation will submit invoices to the City throughout the project and will be reimbursed up to $396,275 out of fund 11 103 where grant funds were appropriated via RES 2020-059. Approved by Finance Department: RECOIVMENDATION: For Council to approve Resolution 2020-07l ,approving the MOA with the Alaska Railroad authorizing The City of Seward to reimburse the ARRC in costs arising from mitigating COVID-19 at the railroad terminal and to comply with the Designated Legislative Grant Agreement. 93 MEMORANDUM OF AGREEMENT BETWEEN ALASKA RAILROAD CORPORATION AND THE CITY OF SEWARD REGARDING COVID-19 PROTECTIVE MEASURES AT THE SEWARD CRUISE SHIP TERMINAL This Memorandum of Agreement(hereinafter referred to as "MOA")is made and entered into by and between the ALASKA RAILROAD CORPORATION (hereinafter referred to as the "ARRC"), acting by and through the Office of its President and the CITY OF SEWARD (hereinafter referred to as the "City"), acting by and through the Office of the City Manager. ARTICLE I-BACKGROUND ARRC owns two docks located in the Seward harbor: the Cruise Ship Terminal and a freight dock. In support of ensuring the safety of workers and passengers using the Cruise Ship Terminal, the City pursued State of Alaska capital funding available as a result of the collection of the Commercial Vessel Passenger Tax ("Cruise Ship Tax"). The State of Alaska authorized $440,306.00 through the Designated Legislative Grant Program ("DLGP") for the purpose of mitigating the risk of COVID-19. In order to receive grant funds, the City was required to enter into a grant agreement and provide the Department of Commerce, Community, and Economic Development ("DCCED") a scope of work for the project, including a detailed budget narrative and a completed Signatory Authority Form. ARTICLE II- OBJECTIVE ARRC and the City share a mutual interest in supporting the economic benefits arising from cruise ship industry operations within Seward. The ability for the cruise ship industry to resume operations at the ARRC Cruise Ship Terminal in a reasonably safe manner requires the implementation of additional safety and sanitation measures to mitigate the risk of the coronavirus disease (COVID-19). The City agrees that it will utilize a portion of the grant funds it received through the DLGP` for a Personal Protective Equipment Project ("Project") with the ARRC, and the ARRC, as the owner of the Cruise Ship Terminal, agrees to cooperate with the City in the completion and execution of the Project. It is mutually understood and agreed that the costs incurred by either the ARRC or the City reasonably necessary for performance under the terms and conditions of this MOA shall be paid from the State of Alaska Cruise Ship Tax funds that the 2009 Alaska Legislature appropriated to City for the Project subject to the appropriation being signed into law by the Governor. ARTICLE III- STATEMENT OF WORK A. General: 1. City will be the grantee for $440,306.00 of State of Alaska funding. 2. ARRC agrees to provide products and/or services that are relative to the Project objective to support cruise ships arriving or departing from the Cruise Ship Terminal. The Project will include some but not all items ARRC- City of Seward COVID-19 PPE MOA Page 1 of 7 00963058.DOCX 94 identified in the list proposed to DCCED in the City's May 6, 2020 letter, incorporated into this MOA as Exhibit A. 3. The City will reimburse the ARRC for up to $396,275.00, including ARRC overhead, for the purchase of goods and services necessary to install, attain, implement or otherwise fulfill the Project objective, which will include some but not all items on the list of mitigation measures included in Exhibit A. The City shall only be obligated to reimburse ARRC for costs once the City has been reimbursed for such costs from the State of Alaska under the Grant Agreement between the City and the State of Alaska. 4. City and ARRC agree that the City will not reimburse the ARRC for any amount exceeding $396,275.00 for completion of the Project. 5. City and ARRC agree that the ARRC is not obligated to undertake any work or purchase item(s) that would cause ARRC to exceed ARRC's maximum reimbursement of$396,275.00. B. The City agrees to: 1. Accept responsibility for administering State grant funds, including engaging independent auditors to review financial records of the Project, the cost of which shall be paid from the grant funds. The ARRC and the City acknowledge that the cost of administering the funds is estimated to be approximately $44,031.00. 2. Reimburse the ARRC on a monthly basis based upon the submission of a monthly report of expenses to include invoices by the ARRC to the City itemizing Project expenditures and the receipt of grant funds by the City from the Grant Administrator. 3. Provide space for public meetings, as space requirements permit. The City shall not be required to provide meeting space if in-person meetings have been discouraged or discontinued as a result of COVID-19 unless both parties agree that in-person meetings are essential for completion of the Project. 4. Provide technical and facilitative assistance, as appropriate and financially available under the Project. C. The ARRC agrees to: 1. Contract for equipment or services as required. 2. Provide adequate documentation to City for reimbursement of Project costs, to include Progress or Financial Reports as scheduled. 3. Submit billings to the City on a monthly basis for all Project work accomplished by ARRC. 4. Comply with all requirements and limitations included in the Designated Legislative Grant Program Agreement, attached to this MOA as Exhibit B and incorporated into this MOA, to the extent applicable. D. The City and ARRC mutually agree: 1. This MOA shall remain in force until completion of the Project and final contract payments are made. 2. This MOA may be extended or modified by mutual written agreement of the signatory parties to accommodate Project needs but both parties must still comply with the grant timeline. 3. To oversee Public and Governmental Affairs at all levels. ARRC- City of Seward COVID-19 PPE MOA Page 2 of 7 00963058.DOCX 95 4. To participate in overhead agreements that allow for the City and the ARRC administrative costs to be charged for Project activities. 5. Nothing in this MOA shall obligate any party for the expenditure or appropriation of funds, or for future payments of money, in excess of appropriations authorized by law. 6. Each party will be responsible for its own acts and the results thereof and each party shall not be responsible for the acts of the other party in violation of this MOA. 7. If legal action is undertaken against the Project, City and/or the ARRC as a result of activities under this MOA, the Project will bear the costs of legal defense and settlements if appropriations remain. Otherwise, each party agrees it will assume the risk and liability resulting in any manner under this MOA. 8. Each party will comply with all applicable laws, regulations, grant requirements, and executive orders, including those relative to Equal Employment Opportunity and prohibition against discrimination. 9. All non-proprietary information developed, published or acquired will be available to the City and the ARRC for their use with this Project or other projects. Proprietary information will be defined by Alaska law. Credit will be given to agencies or parties that develop Project materials. 10. Any provision in conflict with any applicable law or regulation shall be automatically preempted by that law or regulation, and any provision found unconstitutional, unenforceable, void or voidable by any court shall not affect the remaining provisions of this MOA. The remaining provisions shall remain in full force and effect. 11. The Department of Commerce, Community, and Economic Development and the State of Alaska are not liable for damages or claims from damages arising from the ARRC's performance or activities under the terms of this MOA or otherwise. ARTICLE IV-TERM OF AGREEMENT This MOA will commence upon the date of the final signature of this document and approval by the Grant Administrator for the State of Alaska, if required by the State of Alaska. This MOA shall remain in effect until expiration of the grant, or until terminated as provided in Article VII. ARRC costs and expenditures arising from the Project shall only qualify for reimbursement if the work performed began on or after March 26, 2020, and costs and expenditures are incurred no later than June 30, 2021, and were approved for reimbursement by the Grant Administrator. ARTICLE V-KEY OFFICIALS A. Key officials are essential to ensure maximum coordination and communications between the parties and the work being performed. They are: For the ARRC: Signatory Bill O'Leary, President and CEO Alaska Railroad Corporation P.O. Box 107500 ARRC- City of Seward COVID-19 PPE MOA Page 3 of 7 00963058.DOCX 96 Anchorage, Alaska 99510-7500 (907)265-2403 olearyb2akrr.com James Kubitz, VP Real Estate Alaska Railroad Corporation P.O. Box 107500 Anchorage, Alaska 99510-7500 (907)265-2428 kubitzj gakrr.com For the City: Signatory Scott Meszaros, City Manager City of Seward P.O. Box 167 Seward, Alaska 99664-0167 (907)224-4047 smeszaros2cityofseward.net Norm Regis, Harbormaster City of Seward P.O. Box 167 Seward, Alaska 99664-0167 (907) 224-3138 harbormastergcityofseward.net B. Communications - The parties to this MOA will address any communication regarding this MOA to the Key Officials listed above. C. Changes in Key Officials - None of the parties may make any permanent change in a Key Official without written notice to the other parties thirty (30) days in advance of the proposed change. ARTICLE VI-PRIOR APPROVAL Any amendment, revisions, addenda, extensions, or reaffirmation of this MOA must be in writing and be approved and signed by appropriate authorities. ARTICLE VII-MODIFICATION AND TERMINATION A. Only a written instrument executed by both parties may modify this MOA. B. Any party may terminate this MOA for any reason, or for no reason, by providing the other party with sixty (60) days advance written notice. ARTICLE VIII-SPECIAL PROVISIONS A. All actions under this MOA shall comply with all applicable State of Alaska and federal laws. ARRC- City of Seward COVID-19 PPE MOA Page 4 of 7 00963058.DOCX 97 B. This MOA may be executed in separate counterparts and shall be considered executed when both parties have signed the MOA, provided the other party with a signed copy of the MOA, and both parties acknowledge that the MOA has been executed by both parties. IN WITNESS HEREOF, the parties hereto executed this MOA on the date(s) set forth below. For the ARRC For the City of Seward Name: Bill O'Leary Name: Scott Meszaros Title: President and CEO Title: City Manager Date: Date: ATTEST: Brenda J. Ballou, MMC City Clerk [City Seal] ARRC- City of Seward COVID-19 PPE MOA Page 5 of 7 00963058.DOCX 98 EXHIBIT A City of Seward Letter to Department of Commerce, Community, and Economic Development Dated May 6, 2020 ARRC— City of Seward COVID-19 PPE MOA Page 6 of 7 00963058.DOCX 99 EXHIBIT B Designated Legislative Grant Program Agreement ARRC— City of Seward COVID-19 PPE MOA Page 7 of 7 00963058.DOCX 100 CITY OF SEWARD Main Office(907)2244050 16 P.O. BOX 167 Police(907)224-3338 • Harbor(907)224-3138 SEWARD,ALASKA 99664-0167 Fire(907)224-3445 • City Clerk(907)2244046 • Community Development(907)224-4049 • Utilities(907)224-4050 May 6, 2020 Fax(907)2244038 Robin Park, Grant Administrator II SOA-DCCED Div. of Community and Regional Affairs Juneau, Alaska 998 1 1-0809 Re: FY20 Designated Legislative Grant Dear Ms. Park: The list below is what the City of Seward would utilize for responding to and mitigating the risks of COVID-19 at the Cruise Ship Terminal. Working with the Cruise Lines and support staff, this is the list that was developed: • Mobile outside screening tent to keep terminal as infection free as possible- to include separated area from main screening area for screened out guests • Social distancing measures Signage ,-'markings on the deck 0 Seating areas separated to smaller groups • Non touch restroom facilities (doorless entries, automatic paper towel dispensers, flushing toilets, etc.) UVC Downlights in rest rooms and on countertops and railing. • Designated secondary (medical) screening room(rather than a screened off area) • Increased visual cleaning and sanitation practices • Hand sanitizer stations throughout the terminal and dock- 20-30 • Antibacterial surface treatments • Signage for health precautions • Temperature screening scanners/measures- including digital portable no touch and walk through screeners • Staff for continual sanitation • Electrostatic sprayers to transportation and touch surfaces, and fogging machines for motor coaches and trains • UVC technology • Stocks of PPE- masks, gloves (staff check-in, security, longshore, etc.) • COVID 19 specialist physician on retainer • Training for shoreside port operators on COVID 19 detection and handling • COVID 19 rapid test kits Sincerely, Scott Mes gyros Seward City Manger Enclosure 101 DESIGNATED LEGISLATIVE GRANT SIGNATORY AUTHORITY FORM Department of Commerce,Community,and Economic Development,Division of Community and Regional Affairs Please clearly print,submit ORIGINAL form,and submit an updated form annually or whenever changes are made to the information below. Grantee Name: Date: CITY OF SEWARD APR II_30, 2020 Regular Election Held(if applicable): Telephone Number: 907-224-4063 Grantee Contact Name: Fax Number: NANETH AMBROSIANi 907-224-4038 Address: E-mail Address: 410 ADAMS STREET NAM BROSIANI@CITYOFSEWARD,NET City,State,Zip Code: Federal Tax ID 9: SEWARD, AK 99664-0167 92-6000086 Indicate reporting frequency: Monthly Reporting 0 Quarterly Reporting Use this section to designate individuals other than the Chief Administrator to sign the following documents: Grant Agreements and Amendments: Financial/Progress Reports and Advance Requests: Printed Name: Printed Name: SCOTT MESZAROS SAM HICKOK Title: Title: CITY MANAGER ACTING FINANCE DIRECTOR Signat Signature: Pri ed Name: Printed Name: NORM REGI NANETH AMBROSIANI Title: M Title: SEWARD HARBORMASTER GRANT ACCOUNTANT Signature: Signature: This signatory authority is conveyed by SCOTT MESZAROS ,the Chief Name Administrator of CITY OF SEWARD ,this 970 day of �-p T2-1 V ,20 (Grantee Name ure SCOTT MESZAROS,Cl MANAGER —F`rinted� amejT t e Revised 07/2018 102