HomeMy WebLinkAboutRes1993-104
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Sponsored by: Tones
CITY OF SEWARD, ALASKA
RESOLUTION NO. 93-104
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, APPROVING A COOPERATIVE AGREEMENT
BETWEEN THE ALASKA DEPT. OF FISH AND GAME AND THE
CITY OF SEWARD FOR BOAT LAUNCH RAMP IMPROVEMENTS
WHEREAS, the community desires to make improvements in the Small Boat
Harbor; and
WHEREAS, the development of an additional boat launch ramp would relieve
congestion in the harbor for launching vessels and for parking on Fourth Avenue; and
WHEREAS, it is in the public interest to improve public access to Resurrection Bay
and the surrounding marine waters by recreational fishing boats; and
WHEREAS, 75% of the funding for this project will come from the Federal Aid in
Sport Fish Restoration Act (Dingell-Johnson/Wallop-Breaux) and 25% will come from state
matching funds; and
WHEREAS, in order to request the funding for this project totalling $400,000, the
City of Seward must enter into a cooperative agreement with the Alaska Department of
Fish and Game;
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 State Department of Fish and Game for Small Boat Harbor launch
ramp improvements, a copy which is incorporated herein by reference.
Section 2. Funding for this project shall be subject to approval by the Federal Aid
Office of the U.S. Fish and Wildlife Service.
Section 3. This r~solution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this
12th day oOuly, 1993.
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COOP-94-02S
COOPERATIVE AGREEMENT
BETWEEN
ALASKA DEPARTMENT OF FISH AND GAME
AND
CITY OF SEWARD
FOR
NORTHEAST HARBOR
BOAT LAUNCH RAMP
This cooperative agreement is made and
Alaska Department of Fish and Game,
hereinafter referred to as the ADF&G
hereinafter referred to as the CITY.
entered into between the
Division of Sport Fish,
and the city of Seward,
I. PURPOSE OF THE AGREEMENT
To improve public recreational boating and sport fishing access to
the marine waters of Prince william Sound by constructing a boat
launch facility in Seward,Harbor.
II. COVENANTS OF THE S~ATE
The ADF&G does hereby agree:
1. To reimburse the CITY for accomplishing the purpose of this
agreement in an amount not exceed $400,000. The source of funding
shall be 75% from the Federal Aid in Sport Fish Restoration Act
(Dingell-JohnsonjWallop-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&WS).
III. COVENANTS OF THE CITY
The CITY does hereby agree:
1. The boat launch facility will be used primarily for the
benefit of the recreational boating and sport fishing public in
providing access to public waters. No change in this use will be
made without prior written approval of ADF&G.
2. To keep the boat launch facility open to the public until
December 31, 2009. ADF&G will consider the facility closed to the
public if the CITY physically denies access, fails to provide
adequate maintenance as required by paragraph III. 6. or allows
incompatible uses of the facility that effectively limit use by
recreational boaters and sport anglers.
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3. To design and construct the improvements described in this
agreement within the constraints of the funding provided by ADF&G.
All work funded by this agreement shall be completed prior to
June 30, 1995.
4. To dedicate to this project, CITY owned uplands and tidelands
in the northeast corner of the small boat harbor. The parcel shall
be of sufficient size to accommodate the launch ramp, a parking
area for 200 vehicles with boat trailers and other improvements
incidental to this project. The CITY shall provide ADF&G evidence
that it holds clear title to the parcel dedicated to this project.
The boundaries of the parcel shall be shown on Attachment A.
5. To obtain all federal, state, and local permits that may be
required for the work.
6. To perform all maintenance and management necessary to keep
the boat launch facility open to the public. This shall include
public contact, trash collection, parking area grading, posting of
signs, and other minor maintenance needed to keep the facility
clean and in a good state of repair. services provided during
winter months may be reduced to a level commensurate with winter
recreational use.
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.
8. 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.
9. 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.
10. To comply with AS 41.35.070, which requires construction to
halt if any archeological remains are uncovered.
11. To comply with the Americans with Disabilities Act (ADA) to
the extent practicable considering the fundamental purpose of the
launch ramp.
12. To comply with the audit provisions of 2 AAC 45.0l0, a copy of
which has been provided to the CITY.
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13. To comply with AS 36.05.010, which requires
the current prevailing rate of wages for
construction (Davis-Bacon Act).
contractors to pay
work on public
IV. IT IS MUTUALLY AGREED THAT
1. ADF&G and the CITY shall cooperate in accomplishing the
improvements to be provided under this agreement. ADF&G shall
provide design criteria for the improvements. The CITY shall be
the lead agency in accomplishing all work necessary to make the
improvements. The CITY may employ design consultants and
construction contractors as may be appropriate. The final design
must be approved by ADF&G and the CITY prior to construction.
2. ADF&G shall reimburse the CITY for the actual cost of the work
completed within 30 days of receipt of request for reimbursement
from the CITY and ADF&G approval of work performed. All requests
for reimbursement shall be adequately documented. Documentation
may include copies of materials invoices, payroll ledgers,
equipment logs, contract payments, etc.
Reimbursements shall be made on the following schedule:
Task Completed
Preliminary design and land status'
Bid-ready plans and specifications
Construction
50% progress payment
Work completed
ADF&G final inspection and approval
Total
Maximum Reimbursement
$ 20,000
60,000
140,000
140,000
40.000
$ 400,000
, The preliminary design shall be of sufficient detail to
allow the CITY to obtain all required permits and dedicate the land
as specified in paragraphs III.4.& 5. above. The CITY shall not
proceed with final design until notified by ADF&G that the USF&WS
has approved the proj ect. In the event USF&WS approval is not
obtained by ADF&G, this agreement shall be terminated and ADF&G
shall reimburse the CITY for its work in an amount not to exceed
$20,000.
3. The CITY does not intend to charge a user fee for public use
of the completed facility. In the event that the CITY finds it
necessary to impose a user fee, the CITY shall provide ADF&G an
annual accounting of fees collected and costs of operation,
maintenance, and improvements. This accounting shall be in
sufficient detail to satisfy state and federal regulations. Fees
collected and determined to be program income must be credited back
to the Federal Aid in Sport Fish Restoration program through ADF&G
to the extent that they exceed the actual cost of operation,
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maintenance, and improvements.
fee to recover the capital cost
agreement.
The CITY shall not impose a user
of the improvements covered by this
4. The effective date of this agreement shall be from the date of
final signature by ADF&G.
5. This agreement shall remain in effect until December 31, 2009.
6. 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,
defaul ts in its duties under this agreement 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, 2009:
ADF&G shall have the option to negotiate an extension of this
agreement with the eITY 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 eITY 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, 2009, 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 eITY at no
additional cost to the CITY.
c. The CITY terminates its involvement:
If prior to December 31, 2009, the CITY closes the facility, does
not comply with the requirements of this agreement or terminates
its involvement in the purpose of this agreement, this agreement
shall be terminated and the CITY shall reimburse ADF&G for the
federal aid funding portion of the investment at the rate of 6.66
percent for each full year between the date of termination and
December 31, 2009. 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.
7.
will
such
Funding for major maintenance
be negotiated on a case-by-case
funding shall be contingent on
or repair of casualty damage
basis. Each agency's share of
availability of funds.
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8. Neither agency shall assign, let, or sublet, either by grant
or implication, the whole or any part of project site without the
written consent of the other agency. The rights and
responsibilities vested in each agency by this agreement shall not
be assigned without the written consent of the other agency.
9. Agents and employees of
independent capacity and not as
the other agency in performance
each agency shall
officers, employees,
of this agreement.
act in an
or agents of
10. 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.
11. Nothing in this agreement transfers title or land jurisdiction
other than set forth herein.
l2. 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 and each agency agrees
it will assume to itself risk and liability resulting in any manner
under this agreement.
13. No elected or appointed official shall be admitted to any
share or part of the agreement or to any benefit that may arise
therefrom.
14. Each agency will comply with all applicable laws, regulations,
and executive order relative to Equal Employment Opportunity.
15. 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.
16. 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.
l7. 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
City Manager
City of Seward
P.O. Box 167
Seward, Alaska 99664
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18. This agreement is complete and has no other encumbrances,
addenda, attachments, or amendments with the following
exceptions: Attachment A: Site Plan
A revised site plan shall be added to this agreement by amendment
when the preliminary design task specified in paragraph IV.2. is
completed.
For the City of Seward
A {~;t7tA:-,
Ty[lr J nes
City Manager
IO/I?jCf'5
Dat:e '
For the Alaska Department of Fish and Game
1-. f;z f JL-
nowski, Director
of Sport Fish
d;;.>> h:3
D e !
~2~cWr
Division of Administration
Kevin Brooks, Director
1(. IZ . 't 'I
Date
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Section
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1 0 . Audit requirements
2 AAC 45.010. AUDIT REQUIREMENTS.
(a) As part of the financial information required I1IIlW
AS 37.05.030, a state agency that enters into a
fmancial assistance agreement to provide financial
assistance to an entity shall, in coordination with any
other state agencies providing financial assistance to that
entity, submit to the Department of Administration
through the state coordinating agency an audit of the
recipient entity if that entity is subject to audit under
this section. The audit must be conducted and submitted
as described in this section. In order to ensure
compliance with this subsection, the audit requirements
of this section must be contained in any financial
assistance agreement entel'ed into by a state agency.
(b) An entity that receives state financial assistance
with a cumulative total of $150,000 or more during the
entity's fiscal year shall submit to the state coordinating
agency, within one year after the end of the audit period,
an annual audit repat covering the audit period.
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(c) An audit required by this section must be
conducted by an independent audiu, according to the
following audit standards effective at the time of review:
(1) Govermnent Auditin~ Standards, 1988
revision adopted by the comptroller general of the
United States; or
(2) generally accepted auditing standards, as
accepted by the American InstiCUte of Certified
Public Accountants on January 1, 1990 for the type
of entity being audited.
(d) An audit report IeqUiml under this section must
address the following:
(1) the syslIeIDS of inu:mal CQIltrol, and whether
the recipiea& eatity bas effective control over, and
proper lIOOt"'uol :.,g for, revenue, e~ihna. assets,
and liabilities;
(2) compliance with state statutes and
regulations, and applicable financial assistance
agreements affecting the expenditure of state money;
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(3) the recipient entity's finaDciallrllllS8Ctioos,
financial statements, and accOlmts; whether those
financial s1ateInents are presented fairly in accadance
with generally accepted accounting JXinciples; and
whether the financial statements contain reliable
financial data presented in accordance with applicable
financial assistance agreements.
(e) As part of an audit report required under this
section, a recipient must provide written comments (1)
on any findings or recommendations contained in the
audit report, including the recipient's plan for corrective
action on the findings or recommendations; and (2) on
the stanIS of corrective action proposed or taken on
findings or recommendations contained in the audit
report last performed for the entity. If the recipient does
not intend to take com:ctive action regarding the
findings or recommendations contained in the audit
report, the recipient must explain why corrective action
will not be taken and submit the explanation with the
audit report.
(f) An audit report required under this section need
not evaluate the effectiveness of a program funded by
state financial assistance. However, a program
evaluation may be conducted or requested by the state
agency that entered into the fmancial assistance
agreemeol.
(g) An audit required by this section must cover
either the enliIe operations of the recipient entity. or at
the option of that entity, only the departments,
agencies, or establishments of that entity which
m:cived. spent, or otheIwise administered state financial
assistance during the audit paiod. The state
coordinating agency may consider a series of audits of a
recipient entity's individual deparUnents, agencies. or
establisbments for the same fiscal year as a single audit
(h) A recipient entity shall provide the state
coordinating agency with sufficient copies of each audit
report to allow submission of a copy to each state
agency JXOviding financial assistance to the entity. The
state coordinating agency shall detennine if auditing
standards ba~ been met and will forward a copy of the
audit to the Department of Administration and other
"PPfOpriate state agencies. The state coordinating
agency shall coordina1e resolution of audit exceptions
and furthec audit wOJk in accordance with (i) of this
section.
(i) Unless additional audit requirements are imposed
by state or federal law , a state agency that provides
financial um9taJ'r.e to an entity shall accept the audit
required by this section in satisfaction of any other audit
requirement. If additional audit work is necessary to
meet the needs of a state agency. the audit work must be
based on the audit required by this section and be paid
for by the state agency.
(j) A third party lhat receives finm:ial assis1ance
through a recipient entity, in an amount described in
this section, is subject to the applicable requirements of
this section. A recipient entity that disburses $150,000
or more in state financial assis1ance to a third party sbaIl
ensure that the third party complies with the
requirements of this section. That recipient entity sball
also ensure that ....}IIUV'iate cmective action is taken
within six months afttz a third puty's noncompliance
with an applicable state stabIle or regulation, or
fmancial assistance agreement, is disclosed.
purchased for the direct administration or operation
of state government; for a third party, "financial
assistance" does DOt include goods pmcbased from
the third party by a recipient entity for the direct
administration or operation of the recipient entity;
(4) "state coordinating agency" means the Office
of Management and Budget (OMB), Office of the
Govanor, or OMB's designee.
(Ie) The amended venion of this section, effective on Authority:
June 29, 1990, applies to an audit for a fiscal year that
ends on or afttz June 30, 1990.
AS 37.05.020
AS 37.05.030
AS 37.05.190
(1) For purposes of this section, if an entity bas DOl
identified its fiscal year, that entity's fiscal year is July 1
through June 30.
(m) Financial assistance in the following form is DOl
included when calculating whether a recipient entity
meets the threshold monetary requirement under (b) of
this section: (1) state revenue sharing and municipal
assistance money provided under AS 29.60.010-
29.60.375; (2) amusement and gaming tax money
provided under AS 43.35.050; (3) aviation fuel tax
money provided under AS 43.40.010; (4)
electric/telepbone tax money povided under
AS 10.25;570; (5) liquor license tax money provided
under AS 04.11.610; (6) fisheries tax money provided
under AS 43.75.130.
(n) F'mancial assistance in a form listed in (m) of
this section is DOl exempt from compliance testing if
the recipient entity meets the tbresbold monetary
requiIement under (b) of this sectioo.
(0) For puIpOIIeS of this section,
(1) "audit period" means the recipient entity's
fiscal year ill wbidI the entity received financial
amstance;
(2) "entity" does DOl include the University rX
AIasIta or any ocher state agency;
(3) "financial assis1llDce" means state grantS,
contracts, provider ~ cooperative
agreements, and all forms rX state financial
assistance to an entity, and includes all forms of
state financial assistance provided through an entity
to a third party; "financial..ui_"",," does DOl
include public assistance provided under AS 47; nor
does "financial..ui_IV'''" include goods or avices
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CITY OF SEWARD, ALASKA
RESOLUTION NO. 93-104
AYES:
NOES:
ABSENT:
ABSTAIN:
AITEST:
THE CITY OF SEWARD, ALASKA
fjOJJ-e uJ. CaN'
'""
Dave W. Crane, Mayor
Bencardino, Crane, Darling, Krasnansky, Sieminski & Swartz
None
White
None
APPROVED AS TO FORM:
Wohlforth, Argetsinger, Johnson &
Brecht, Attorneys for the city of Seward,
Alaska
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(City Seal)
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City Attorney