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HomeMy WebLinkAboutRes2021-136 CITY OF SEWARD,ALASKA Sponsored by: Bower RESOLUTION 2021-136 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROPRIATING GRANT FUNDS IN THE AMOUNT OF $2,899,553.25 FROM ADF&G AND APPROPRIATING $573,065.00 FROM THE PARKING FUND AND AUTHORIZING A LOAN IN THE AMOUNT OF $733,212.31 FROM THE PARKING FUND TO THE HARBOR FUND TO FULFILL THE COOPERATIVE AGREEMENT WITH ADF&G TO REPLACE THE NORTH EAST HARBOR LAUNCH RAMP WHEREAS, the State of Alaska Department of Fish and Game (ADF&G) sent representatives to Seward in June 2019 to evaluate the project and consider whether to provide grant funds for the replacement of the North East Launch ramp to include docks, drainage, pavement,new concrete planks, an oil water separator, and new galvanized steel piling; and WHEREAS, in the first phase of the project which involves planning, design and permitting of the North East Harbor Launch Ramp was 100% fully funded by ADF&G; and WHEREAS, the City Council approved Resolution 2020-042 a Cooperative Agreement (20-122) between the City and ADF&G for Phase II construction with a commitment from the City to appropriate the remaining funds; and WHEREAS, the City along with PND went out to bid for the replacement of the North East Harbor Launch Ramp; and WHEREAS, the City received one bid with Harris Sand & Gravel being the only bidder with a bid amount of$4,626,036.00; and WHEREAS,the bid came in above the engineers estimate; and WHEREAS,the city negotiated with Harris Sand&Gravel and they reduced their bid by $186,900.00 making a new bid amount of$4,439,736.00; and WHEREAS, ADF&G is providing $2,899,553.25 in grant funding which needs to be accepted and appropriated for phase II construction of this project: and WHEREAS, City Council previously approved Resolution 2019-094 appropriating $233,905.44 towards this project; and WHEREAS, an additional amount of$1,306,277.31 is needed to fulfill the corporative agreement with ADF&G for the construction phase of this project; and CITY OF SEWARD,ALASKA RESOLUTION 2021-136 WHEREAS, the remaining $1,306,277.31 will be appropriated as follows, $573,065.00 from the Parking fund for their portion of the project and a low interest loan in the amount of $733,212.31 from the Parking fund and placed into the North East Harbor Launch Ramp renovation project account. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA that: Section 1. Funding in the amount of$2,899,553.25 is hereby received and appropriated from state grant revenue account no. 11423-0000-5922 to the North East Harbor Launch Ramp Renovation Project infrastructure account no. 11423-0000-8101. Section 2. Funding in the amount of$573,065.00 is hereby appropriated from the Parking Fund Reserves account 13000-0000-3710-0000-11422 to the North East Harbor Launch Ramp Renovation Project infrastructure account no. 11422-0000-8101 for their portion of the project. Section 3. An interfund loan from the Parking Fund to the Harbor Fund is hereby authorized in the amount of $733,212.31, for the term of 10 years with a 2.5% interest rate, resulting in annual debt service payments of$82,944, with the first payment due on September 1, 2022 and each September 1 thereafter, maturing on September 1, 2031. These funds are hereby appropriated to the North East Launch Ramp Renovation Project account no. 11422-0000-8101. Section 4.This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 6th day of December, 2021. T. .. CITT OF S WARD,ALASKA 4/0....4.A.1.0111101111 isty Ter• , ► ayor AYES: Calhoon,Casagranda, DeMoss, Osenga,Wells, McClure, Terry NOES: None ABSENT: None ABSTAIN: None CITY OF SEWARD, ALASKA L... RESOLUTION 2021-136 ATTEST: rends J. a ou, MMC City Clerk 0„,n5aaaae,,,s,o, (City Se#1 ©r 3 'e ?Ve •.. or"°kV%�,11T4:,,'p0 • • • : SEAL : oil it i w n -..-Q+ a e .,"* ' OF PoeI'':•`s' t 1 City Council Agenda Statement Meeting Date: December 6, 2021 - To: City Council Through: Janette Bower, City Manager From: Norm Regis, Harbormaster Agenda Item: Resolution 2021-136: Accepting and Appropriating Grant Funds in the Amount of$2,899,553.25 from ADF&G and Appropriating $573,065.00 from the Parking Fund and Authorizing a Loan in the amount of$733,212.31 from the Parking Fund to the Harbor Fund to Fulfill the Cooperative Agreement with ADF&G to Replace the North East Harbor Launch Ramp Background and justification: The State of Alaska Department of Fish and Game ('ADF&G'� conducted an evaluation of the North East Harbor Launch Ramp in 2019 and recommended 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.The concrete planks are failing. In the first phase of the project which involves planning, design and permitting of the North East Harbor Launch Ramp was 100% fully funded by ADF&G. City Council approved Resolution 2020-042, a Cooperative Agreement (20-122) 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 previously approved Resolution 2019-094 appropriating $233,905.44 towards the North East Harbor Launch Ramp 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 went out to bid for the construction phase of the project. With the bid process complete, a bid of $4,626,036.00 was received from Harris Sand &Gravel Inc., with the bid amount being above the budgeted amount. The city negotiated with Harris Sand and Gravel which reduced the total bid amount by $186,900.00 making the new bid total $4,439,736.00. With ADF&G providing funding in the amount of$2,899,553.25, the City's portion of the match per the Cooperative agreement for this project is $1,540,182.75. Resolution 2019-094 appropriated $233,905.44 for the project. The City needs to fund the remaining amount of$1,306,277.31 to comply with the corporative agreement for the construction phase of the project. Administration proposes that $733,212.31 will be funded from a low interest loan from the parking fund and $573,065.00 from the Parking fund for their portion of the project. Bid Amount: $ 4,439,736.00 AF&G Funding: $ 2,899,553.25 City portion: $ 1,540,182.75 Total: $ 4,439,736.00 City Portion Information: Previously appropriated amount: $ 233,905.44 Resolution 2019-094 Parking fund loan: $ 733,212.31 Parking fund: $ 573,065.00 Parking's portion of the project Total City portion: $ 1,540,182.75 Consistency checklist: Comprehensive Plan: Maintain a thriving port of Seward through harbor improvements, infrastructure expansion, and implantation of management plans. (Page 16 3.5.1) Strategic Plan: Complete the renovation of the Boat Harbor. (Page 7) Other: Seward Boat Harbor Plan: Work with ADF&G using Sports Fish Restoration funds to build or rebuild boat ramps. (Page 21, 4-7) Fiscal note: The ADF&G Grant for this project is $2,899,553.25. The City previously appropriated funds for Phase 2 of this project in Resolution 2019-094 in the amount of $233,905.44. The remaining amount of $1,306,277.31 is needed to comply with the Cooperative Agreement. $733,212.31 will be funded from a low interest loan from the Parking Fund to the Harbor Fund.The remaining amount of $573,065.00 will come from Parking Fund reserves for their portion of the project. The total amount for this project will be $4,439,736. Finance Department approval: 14 Attorney Review: Yes X❑ Not applicable ❑ Recommendation City Council approve Resolution 2021-136. Amendment One Cooperative Agreement Number 20-122 Title: Seward North Harbor Launch Ramp Renovation Between: Alaska Department of Fish and Game Division of Sport Fish And City of Seward The purpose of this agreement is to revise the original agreement dated June 2020 to add funding for Phase II (construction) in order to complete the Seward North 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 V1.2. of the original agreement). Funding in an amount not to exceed $2,899,553.25 will be reimbursable to the CITY for Phase 11 activities. The source of funding shall be 100% from the Federal Aid in Sport Fish Restoration Act (Dingell—Johnson/Wallop 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). V. "COVENANTS OF THE CITY OF SEWARD" 1. is amended as follows: 1 The CITY will be required to provide non-federal source matching funds and/or in-kind contributions in an amount not less than one-third of the amount provided by ADF&G. (This is a match ratio of 75% Federal Aid Funds to 25% CITY funds). Funds shall be from a non-federal source and shall be claimed by ADF&G as match for the federal funds provided by ADF&G. The CITY shall be required to provide not less than the sum of$966,617.76 in funding to match the$2,899,553.25 stated in paragraph IVA above.The CITY shall provide all additional funding needed to complete the improvements covered by this agreement beyond the total reimbursement stated in IVA, The total estimated cost of project construction is$4,549,021.00. 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, vehicleltrailer 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. VI. "GENERAL PROVISIONS" 3. is amended as follows: 3. The CITY will be reimbursed only for the cost of work 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 Jacob Cunha at: Alaska Department of Fish & Game Division of Sport Fish 525 W. 671h Ave. Y Anchorage,AK 99518-1599, 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 $25,000. If the CITY chooses to make monthly billings, such billings will be held by ADF&G until the total amount reaches at least$25,000. VII. "FINANCIAL CONSIDERATIONS" is amended as follows: ADF&G will reimburse the CITY for accomplishing the purpose of this agreement in the amount of$2,899,553.25 total. The CITY will provide non-federal source matching funds in an amount not less than $966,517.75. The CITY will be reimbursed during Phase 11 (construction), only for the cost of work 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. To document the required match to be provided by the CITY as specified in paragraph V.1. all requests for reimbursement will be paid at the rate of 75% of the requested reimbursement until the amount specified in paragraph IV.1, is reached. All other terms and conditions of the original contract remain the same. Signatories: CITY of Seward Alaska Department of Fish and Game DocuSigned by: 8R96645D&6D6N3D... - - J tte Bower, City Manager City of Dave Rutz, Director Seward Division of Sport Fish 11/29/2021 Date Date _.. EDocu, .Signed byD�1�4.QF Melissa Hill, Deputy Director Division of Administrative Services 11/29/2021 Date r DocuSign Certificate Of Completion Envelope Id:AFBOD38FB926478C870EOF8E39D4F5D5 Status: Completed Subject: Please DocuSign: Coop Agreement Amendment#20-122 signed by city-Copy.pdf Source Envelope: Document Pages:2 Signatures:2 Envelope Originator: Certificate Pages:4 Initials: 0 Jed Smith AutoNav: Enabled PO Box 110206 Envelopeld Stamping: Disabled Juneau,AK 99811 Time Zone: (UTC-09:00)Alaska jed.smith@alaska.gov IP Address: 136.226.55.32 Record Tracking Status: Original Holder:Jed Smith Location: DocuSign 11/29/2021 1:09:03 PM jed.smith@alaska.gov Security Appliance Status:Connected Pool:StateLocal Storage Appliance Status: Connected Pool:State of Alaska Location: DocuSign Signer Events Signature Timestamp Brian Frenette ° s A9CCdq "°r 5D6090499 Sent: 11/29/2021 1:12:57 PM brian.frenette@alaska.gov Viewed: 11/29/2021 1:17:39 PM L .. Assistant Director-Sport Fish Signed: 11/29/2021 1:29:41 PM State of Alaska Security Level: Email,Account Authentication Signature Adoption: Uploaded Signature Image (None) Using IPAddress: 10.7.161.13 Electronic Record and Signature Disclosure: Accepted: 1/4/2021 2:47:32 PM ID:a7d1c151-7e6c-4ddf-b71d-8995774872cb Company Name: State of Alaska oy: Melissa HillL 0—spneo Sent: 11/29/2021 1:29:43 PM Melissa.Hill@alaska.gov ``"' Viewed: 11/29/2021 1:30:48 PM Deputy Director,Administrative Services D2FG9C89D9i WF Signed: 11/29/2021 1:31:01 PM Alaska Department of Fish&Game Signature Adoption: Uploaded Signature Image Security Level: Email,Account Authentication (None) Using IPAddress: 10.7.161.53 Electronic Record and Signature Disclosure: Accepted:8/17/2021 8:41:14 AM ID:bd75e8cf-cde7-4ca1-85b6-596bba161ec1 Company Name: State of Alaska In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp ,p Alaska Department of Fish and Game Division of Administrative Services LU P.O. Box 115526 �'•F;I,- Juneau,AK 99811-5526 �7F r Cooperative Agreement Number 20-122 Title: Seward North Harbor Launch Ramp Renovation Between: Alaska Department of Fish and Game Division of Sport Fish And the CITY of SEWARD I. AUTHORITY: This agreement is entered into by and between the Alaska Department of Fish and Game, Division of Sport Fish (hereinafter referred to as the "ADF&G"or the"Department")and the City of Seward (hereinafter referred to as the "CITY"). ADF&G enters into this agreement under authority AS26.05.0.50 (12),AS36.30.850(c)and the Federal Aid in Sport Fish Restoration Recreational Beating Access Program (CFDA#15.60S). II. PURPOSE OF THE AGREEMENT: To iinprove public recreational boating and sport. fishing access to the marine waters near Seward by cooperatively rehabilitating and maintaining the north boat launch facility in the Seward Harbor. This will be accomplished in two phases:Phase I-design aiid permitting,and Phase 11-construction. III. 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. 2041 IV. COVENANTS OF THE ALASKA DEPARTMENT OF FISH AND GAME: 1- To hire a design consultant to complete planning activities(Phase I)for the future construction of the Seward North Harbor Boat Launch Ramp fadlity, hereinafter referred to as the"facility", Phase I will consist of design, permitting,and compliancy activities and Phase 11 will consist of construction-related activities.Once Phase I is complete,this agreement-will be arnended to address additional funding needed for Phase 11 of the project. The total estimated cost of Phase I is$450,000. The source of funding for Phase I ha11 be 7S%from the Federal Aid in Aias$-a Dept. J:•ish and Game Caoneratiwa Agreement 20-12-,, Sport Fish Restoration Act(Dingell Johnson/Wallop-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&W5). 2. To authorrze the CITY to continue to manage and maintain the facility as a CITY facility,which will be operated primarily for the use of recreational power boaters and sport anglers. 3. To perform a final inspection? of the completed project to verify compliance with this agreement. V. COVENANTS OF THE CiTY, 1, To dedicate to this project,CiTY owned uplands and/or tidelands under and immediately adjacent:o the facility. The pa-cel shall be used exclusively far boat launch ramps, boarding floats,a parking area for vehicles with boat trailers,and other improvements incidental to this project.The parcel is shown 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 im prove ment6 on the access site. 2, To complete the construction of the facility funded by this agreement prior to December 31,2021. In the event the funding provided by ADF&G is not sufficient to cover all costs incurred by the CITY in completing this project, the CITY shall provide all additional funding that may be needed. 1 To manage and maintain the facility for public use until December.',1,2041.The facility will be managed primarily for the benefit of the recreational boating and sport fishing public in providing access to public waters consistent with current management.No change in this use will be made without prior written approval of ADF&G. 'i. 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. S. ADi=&G will consider the facility closed to the public if the Ci'TY physically denies access,fails to provide adequate management or maintenance or allows incompatible uses of the facility that effectively limits public use by recreational boaters and sport anglers. b. To obtain and comply with all federal,state and local permits required fear construction and maintenance of the project. 7, To install a sign identifying the participation of ADF&G,the Federal Aid in Sport Fish Restoration program,and sport anglers in facility development.To install additional signage as deemed appropriate,to indicate that the primary use of the facility is for sport fishing and recreational power boating access. 8. To be responsible,for a period of one year from the date of ADF&G's final inspection,for correcting all defects in the desinn or construction when the defect is brought to the attention of the CITY,without additional cost to ADF&G.The CITY wilt 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 agreen)enr- Page k Alaska pest.of Fish and Game Cooperateve Agreement»0 1Z2 91_ To ma ntain adequate insurance in conjunction with the design,construction and maintenance of the improvements. 10. 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-CITY.shall comply wish applicable local buildings codes and shall obtain a building permit if required(AS 35.10.025). b. Historic..Preservation-CITY shall comply with AS 41-3 5.07D to preserve historic,prehistoric and archeological resources threatened by public construction. c. Pubfic Contracts-CITY shall comply with AS 36.05 in determining the wages and hours of labor on public contracts. d. Political Activity- Federal funds cannot be used for partisan political purposes of any kind by any person or organization involved in the acinninistration of federally assisted programs. e. C 01 Rights- Pursuant to Title Vl of the Civil Rights Act of 1964,Section 504 of the Rehabilitation Act of 1973, 'title I, II&III of the Americans with Disabilities Act of 1990,the Age Discrimination Act of 1975 and Title I},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 tundec in whole or in part by federal funds. f. Allowable costs/Cost principies-dMB 2 CFR 200 establishes principles and standards for determining costs applicable to grants,contracts,and other agreements with state and local governments. A cast is allowable for federal reimbursement only to the extent of benefits received by federal programs. and casts must meet the basic guidelines for allowabi'lity,reasonableness and allocahility. g. Drug-free workplace Act-CITY,by signing this agreement,certifies that they will provide a drug-tree workplace. h, Debarment Suspension—CI T V, 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. i. Audits-CITY acknowfedges that 75%of the funding for this agreement is from the Federal Aid office of the L.S.fish and Wildlife Service under CFDA 15,605.The CITY acknowiw_dges that receipt of federal funds may create audit requirements under'OMB L CFR 200. j. Workers Compensation Insurance .C1TV shaII provide and maintain,fcr-311 ern ployees engaged irs work under this agreement,coverage as required by AS 23.30.045, (Appendix B1) and,where applicable,any other statutory obligations including but riot limited to Federal U.S.L,&H and Jones Act requirements. k. Open Competitiun-CITY shall comply with Executive Order 13707 dated February 17, 200-1 prrnhibiting any requirements or bidding preferences based on contractor affiliation with labor organizations. Page 3 ACaska Dept.of Fish and Game Ccaperabve Agreement 2M22 11. If the CiTY handles hazardous materials on the site,the CITY agrees to employ adequate procedures for safely staring., 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. In the event of a hazardous materials spill lav the CITY or the public using the site,the CITY shall act promptly,at its awn expense,to contain the spill, repair any damage, absorb and clean up the spill area,and restore the site to a cnndi-ion 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 ADi=&G from any and all claims,judgments,damages, penalties,fires, oasts, liabilities,or losses. VI. GENERAL PROVISIONS, 1. ADF&G and the CITY shall cooperate in accomplishing the improvements to be provided under this agreement. ADF&G shall provide design criteria far the improvements.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 A5 09.48.331, 2. The CITY shall perform the follovAng tasks in accomplishing this project: Phase I: Design and land status:The design shall be of sufficient detail to allow the CITY to develop a project budget, obtain all required permits and dedicate the land as specified in paragraph VA.above.Any funds not used for Phase I tasks shall be available for construction-related(Phase It)activities. Phase W. Construction biddia The CiTY shall not proceed 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&WSapproval 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 orthe design.Atthe completion of the construction work,the CITYshall provide ADF&G a copy of the as-built plans.Reimbursement for construction wart,;hall be contingent on ADF&G approval of work performed. ADF&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,vili be reirnbu rsed only For the cost of work actually completed which is directly related and allocable t)o the proiccr and wh!J7.4DF&G has approved.Reimbursement will be made within 30 days of receipt and approval.by ADF&G,of a request for reimbursement from the CJTY.All requests for reimbursement shall be Page 4 Alaska Dept of Fish and Game Cooperative Agreement 20-222 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 frequentlythan once a month to Tracy Smith at: State of Alaska Department of Fish and Game,Division of Sport Fish,Region If 1800 Glenn Highway,Palmer,Afaska 99645 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 initial and final payment, requests for reimbursement shall be in amounts not less than$25,000. if the CM chooses to make monthly billings,such billings will be held by ADF&G until the total amount reaches at least$25,000, 4. i he C{TY may charge user fees in accordance with Seward Municipal Code per the harbor tariff,Ordinance No. 210-002,§7-(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 appicved by ADF&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 facility. b. Fees shall not be imposed to recover the capital cost of the i:rttprovements 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 irnprovenient are program income. Fees collected and determined to be program income must be credited beck to the Federal Aid in Sport Fish Restoration program through ADF&G.The basic policies forthe treatment of program income bythe 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 maintenarice,repair or replacement of the inffastiucture. Establishment of such an account shall be reviewed and approved by ADF&G.The CITY shall specify the proposed improvement,the estimated cost,acid 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- Ir. if required by future changes to federal regulations or at the request of ADF&G,the CITY shall provide ADF&G an accocnting of feet collected and costs of operatic-n,maintenance, and improvements.This accounting shall be an an annual basis and in sufficient detail to satisfy state and federal regulations. g. Boats owned and operated by ADS&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 sloes 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 20years,trierefore„this agreerfient shall remain in effect until Deceniber 31, 2041. ACaSka Dept of Fish and Game Cooperative Agreement 20-122 '. 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 agreerrrent 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 31,204L 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 opting,all improvements shall become the property of the CM. b- ADF&G terminates its involvement: If prior to December 31,2041,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 31,2041,the CITY closes the facility to the public,does not comply with the requirements of this agreement orterminates its involvement in the purpose of this agreement,this agreement shall be terminated,and the CITY shall reimburse ADF&G for: i. The tr.-)tal funding it provided at the rate of 5 percent for each full year between the date of termination and December 31, 2041. U. The appraised fair market value,on the date of the CfTY'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- S. 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 agency's share of such funding shall be contingent on availability of funds. M 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 o0ligate either agency to the expenditure of funds or future payments of money in excess of those herein agreed upon or authorized by law. 13. Nothing in this agreement transfers title or land iwisdir_tion other than set forth herein. age 5 Alaska L)8P-,-of 1'isl,and Gamy Coo p Cr;a t i ve A greern e n t 20.122 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 indemn&fi ADF&G for a claim of,or liability for,the independent negligence of ADF&G. If there is a clairn 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 tither 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!aws regulating ethical conduct of public officers and employees. 1.6. 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. 18. 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. 19 All approvals and notices required by this agreement shall be seat by email to dfE.dst.boataccess@alasita.gov or mailed to: Director City Manager Division of Sport Fish City of Seward Alaska Dept of Fish&Garne 410 Adams Street P.O.Box 115526 P.O.Box 157 .Juneau,Alaska 99911-5526 Seward,Alaska, 99664 M This agreement is complete and has no other encumbrances, addenda, attachments, or amendments with the following exceptions:Attachment A:Parcel Location VII. FINANCIAL CONSIDERATIONS ADF&G will fully fund Phase I for accomplishing the purpose of this agreement in the amount of$450,000 total; any additional funding amount that may be needed to complete the project will be at the sole discretion of ADF &This cooperative agreement sl,all be amended to address additional funding that will be need for Phase Il, construction. i he 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.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_ Upon project completion and final reimbursement to the CITY,the CITY shall provide ADF&G an accounting of fees catlected for use of the federally funded improvement(s)during the grant period of performance.The dates of the Rage Alaska Dept.of Fish and Game Cooperative Agreement 20-122 grant period of performance will be defined by A©F&G and provided to the CITY for this purpose.Additionaily,the CITY shall maintain a separate set of accounting records forth is project and shall retain these retards for a period of three years from the termination of the agreement.These records shall be made available to the state for audit Purposes. Page 8 VIII. APPROVING SIGNATURES IN WITNESS WHEREOF,the parties hereto have caused this Cooperative Agreement to be executed as of the date of fast signature below. CITY OF SEWARD ATTEST It Mesza�, ity ger Brenda 1-Ballou,MMC City of Seward City Clerk N [City Seaf'rk �......... "+ F �' ••• Y•' Date I •YI w - r re7• � rya ." -- ALASKA DEPARTMENT OF FISH AND GAME �`' ��"°•�`�.s Dave ,Director Division of Sport Fish Date Dacuftned by. Samantha Gatton Samantha Gatton,Deputy Director Division of Administrative Services 5/3/2020 Date Alaska Dept.of Fish and Game Cooperative Agreement 20-122 Attachment A: Parcel Location Seward Harbor Northeast Launch Facility i i" w. s 4 s Legend m I � fJE 5oa1 Famr ncVY A Msc u. Notes o: 0 913 uz M w R pr.�vargmrrrxd eseen ronm> ernernwy';xere:rx cne.x..srs srre+r,tlA^._*aa7SrJr �xrxe�v mko :.as xrxr tear +.�:m e.=:mrn�°a�e<. 'K S VAP iS NC!1O BE USE Q 70 NANGA,rON Page 10 Abska Dept.of Fish and Game Cooperative Agreement 20-122 APPENDIX Bl iNDEMNITY AND INSURANCE Article 1.Indemnification The contractor shall indemnify,hold harmless,and defend the contracting agency from and against any claim of,or liability for error, omission or negligent act of the contractor under this agreement_ The contractor shall not be required to indemnify the contracting agency for a claim of, or liability for, the independent negligence of the contracting agency. If there is a claim of,or liability for,the joint negligent error or omission of the contractor and the independent negligence of the contracting agency, the indemnification and hold harmless obligation shall be apportioned on a comparative fault basis. "Contractor" and "contracting agency", as used within this and the following article, include the employees, agents and other contractors who are directly responsible, respectively, to each, The term "independent negligence" is negligence other than in the contracting agency's selection, administration, monitoring, or controlling of the contractor and in approving or accepting the contractor's work. Article 2. Insurance Without limiting contractor's indemnification, it is agreed that contractor shall purchase at its own expense and maintain in force at all times during the performance of services under this agreement the Fotlowing policies of insurance.Where specific limits are shown, it is understood that they shall be the minimum acceptable limits. If the contractor's policy contains higher limits,the state shall be entitled to coverage to the extent of such higher limits. Certificates of Insurance must be furnished to the contracting officer prior to beginning work and must provide for a notice of cancellation,non-renewal,or material change of conditions in accordance with policy provisions.Failure to furnish satisfactory evidence of insurance or lapse of the policy is a material breach of this contract and shall be grounds for termination of the contractor's services. All insurance policies shall comply with and be issued by insurers licensed to transact the business of insurance under AS 21. 2.1 Workers'Compensation Insurance:The Contractor shall provide and maintain, for all employees engaged In work under this contract, coverage as required by AS 23.30.045, and; where applicable, any other statutory obligations including but not limited to Federal U.51. & K and Jones Act requirements. The policy must waive subrogation against the State. 2.2 Commercial General!~lability Insurance:covering all business premises and operations used bythe Contractor in the performance of services under this agreement with minimum coverage limits of$300,000 combined single limit per claim. 2.3 Commercial Automobile Liability Insurance:covering all vehicles used by the Contractor in the performance of services under this agreement with minimum coverage limits of$300,Q00 combined single limit per claim. Page 11