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HomeMy WebLinkAboutRes1994-175 Sponsored by: Jones CITY OF SEWARD, ALASKA RESOLUTION NO. 94-175 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ACCEPTING A GRANT FROM THE ALASKA DEPARTMENT OF FISH AND GAME FOR CONSTRUCTION OF A SEWER PUMPOUT STATION IN THE SMALL BOAT HARBOR AND APPROPRIATING FUNDS WHEREAS, the Alaska Department of Fish and Game has offered the City a 100% grant of $70,000, excluding project overhead, to construct a sewer pumpout station in the Small Boat Harbor; and WHEREAS, new federal regulations will require pumpout facilities in all marinas as early as 1997; and WHEREAS, this project will complement the new northeast launch ramp and protect the City's sewer system to the greatest degree possible; 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 the AK Department of Fish and Game, accepting a grant in the amount of $70,000 for the construction of a sewer pumpout station in the Small Boat Harbor. A copy of the agreement is attached and incorporated here by reference. Section 2. The sum of $70,000 is hereby appropriated from State Project Revenues Account No. 277-4680-0200 and $7,000 is hereby appropriated from the General Fund Operating Transfer In Account No. 277-3070-0000 and the total amount of $77,000 is appropriated to the Harbor Sewer Pumpout Station Capital Project Fund Account No. 277-2070-XXXX. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council ofthe city of Seward, Alaska, this 26th day of September, 1994. THE CITY OF SEWARD, ALASKA ~~. GA/lW J Dave W. Crane, Mayor . . . CITY OF SEWARD, ALASKA RESOLUTION NO. 94-175 AYES: NOES: ABSENT: ABSTAIN: ATTEST: (City Seal) Anderson, Bencardino, Crane, Darling, Krasnansky, O'Brien, Sieminski None None None APPROVED AS TO FORM: Wohlforth, Argetsinger, Johnson & Brecht, Attorneys for the city of Seward, Alaska ~::4~~ ~ City Attorney SIGNATURE PAGE For the City of Seward Tyler Jones City Manager Date For the Alaska Department of Fish and Game Paul Krasnowski Director Division of Sport Fish Date Kevin Brooks Director Division of Administration Date 6 11. 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. 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. 13. Nothing in this agreement transfers title or land jurisdiction other than set forth herein. 14. Each agency agrees that it will be responsible for its own acts and the results thereof, and each agency shall not be responsible for the acts of the other agency. 15. No elected or appointed official shall be admitted to any share or part of the agreement or to any benefit that may arise therefrom. 16. Each agency will comply with all applicable laws, regulations, and executive order 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 written and shall be sent by registered or certified mail to: Director Division of Sport Fish Alaska Dept. of Fish & Game P.O. Box 25526 Juneau, Alaska 99802-5526 Foster Singleton Harbormaster City of Seward P.O. Box 167 Seward, Alaska 99664 20. This agreement is complete and has no other encumbrances, addenda, attachments, orÊamendments. 5 5. The effective date of this agreement shall be from the date of fmal signature by AD F &G. 6. This agreement shall remain in effect until December 31, 1999. 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 improvements shall be accomplished by whichever of the following contingencies is appropriate: a. Agreement expires on December 31, 1999: ADF&G shall have the option to negotiate an extension of this agreement with the CITY for the continued use of the facility by the public. ADF&G shall have 90 days after the e){pintion 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. b. ADF&G terminates its involvement: If prior to December 31, 1999, ADF&G finds that there is no longer a need for the 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, 1999, the CITY does not comply with the requirements of this agreement, this agreement shall be terminated and the CITY shall reimburse ADF&G for its funding at the rate of 25 percent for each full year between the date facility was closed to the public (see para.III.3.) and December 31, 1999. 8. In the operation and maintenance of the pumpout station funded by this agreement, the CITY shall employ adequate procedures for safely collecting, transporting and otherwise handling sewage and other hazardous materials in accordance with applicable federal, state and local laws. 9. The rights and responsibilities vested in each agency by this agreement shall not be assigned without the written consent of the other agency. 10. 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. 4 IV. IT IS MUTUALLY AGREED THAT 1. The CITY may employ design consultants and construction contractors as may be appropriate. The fmal design must be approved in writing by ADF&G prior to construction. The final design shall include a cost estimate, plans and specifications and all permits and approvals needed for the project. ADF&G review and approval does not relieve the CITY or design consultant of the responsibility for the adequacy or accuracy of the design and the responsibility to obtain specific reviews required by other governmental agencies. 2. ADF&G shall reimburse the CITY for the cost of the work completed within 30 days of receipt 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. All reimbursements shall be contingent on ADF&G approval of the work completed. If requested by the CITY, progress reimbursements for work completed may be made on the following schedule: . Task Comoleted Maximum Reimbursement Final Design Construction completed and ADF&G fmal approval 20% Total 80% 100% If the CITY can not complete the design or if ADF&G can not approve the fmal design, then this agreement shall be terminated and ADF&G shall reimburse the CITY for the actual cost of design work completed in an amount not to exceed 20% of the total amount stated in paragraph II.I. 3. In the event that 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. 4. The CITY may impose a user fee to recover any funding it may have provided to complete the project and the costs of operation, maintenance, and improvements. If a user fee is imposed, the CITY shall provide ADF&G an annual accounting of fees collected and costs incurred. This accounting shall be in sufficient detail to satisfy state and federal regulations. Fees collected in excess of the actual amount funded by the CITY and the cost of operation and maintenance are program income and must be either credited back to the Federal Aid in Sport Fish Restoration program through ADF&G or used to make improvements to the pumpout station and associated dock. The CITY shall not impose a user fee to recover funding provided by ADF&G. 3 3. To keep the pumpout station funded by this agreement open to the public until December 31, 1999. ADF&G will consider the CITY in default of this agreement if the CITY physically denies public access, fails to provide adequate maintenance, or allows incompatible uses of the facility that effectively limit use by recreational boaters and sport anglers. 4. To obtain all federal, state, and local permits that may be required for the work. 5. To perform all operation and maintenance necessary to keep the pumpout station open to the public. Services shall include public contact, cleaning, posting of signs, and other maintenance needed to keep the equipment clean and in a good state of repair. Services provided during the fall and winter months may be reduced to a level commensurate with seasonal recreational use. 6. To install a sign identifying the participation of ADF&G, the Federal Aid in Sport Fish Restoration program, and sport anglers in facility development. 7. To be responsible for a period of one year from the date of completion of construction 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 comply with AS 35.10.025, which requires construction in accordance with applicable local building codes including the obtaining of required permits and licenses. 9. To comply with AS 41.35.070, which requires construction to halt if any archeological remains are uncovered. 10. To comply with the Americans with Disabilities Act (ADA) to the extent practicable considering the fundamental purpose of the pumpout station. 11. To comply with the audit provisions of2 AAC 45.010, a copy of which has been provided to the CITY. 12. To comply with AS 36.05.010, which requires contractors to pay the current prevailing rate of wages for work on public construction (Davis-Bacon Act). 2 COOP-94-045 COOPERATIVE AGREEMENT BETWEEN ALASKA DEPARTMENT OF FISH AND GAME AND CITY OF SEWARD FOR PUMP OUT STATION IMPROVEMENTS This cooperative agreement is made and entered into between the Alaska Department of Fish and Game, Division of Sport Fish, hereinafter referred to as the ADF&G and the City of Seward, hereinafter referred to as the CITY. I. PURPOSE OF THE AGREEMENT To construct, operate and maintain a sewage pumpout station ill Seward Harbor to serve recreational boaters and other public users. II. COVENANTS OF THE STATE The ADF&G does hereby agree: 1. To reimburse the CITY for the cost of constructing a pumpout station in an amount not exceed $70,000. The source of funding shall be 75% from the Federal Aid in Sport Fish Restoration Act (Dingell-JohnsonlWallop-Breaux) as amended by the Clean Vessel Act of 1992 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). III. COVENANTS OF THE CITY The CITY does hereby agree: 1. To design and construct the pumpout station funded by this agreement. The pumpout station shall be completed prior to December 31, 1995. The CITY shall make a good faith effort to have the pumpout station in operation for the 1995 boating season. 2. The pumpout station funded by this agreement will be used primarily for the benefit of the recreational boating and sport fishing public. No change in this use will be made without prior written approval of ADF&G. 1