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Home My WebLink AboutRes1989-117 . . . Sponsored by Schaefermever CITY OF SEWARD, ALASKA RESOLUTION NO. 89-117 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING A SHORELINE MONITORING AGREEMENT WITH EXXON COMPANY, USA WHEREAS, Exxon desires to obtain certain information and data regarding the fate and effects of oil spilled from the T/V Exxon Valdez as well as to continue to mitigate the effects of the spill during the winter months~ and WHEREAS, the city of Seward desires to provide certain services in the collection and transmission of such information and to undertake certain discretionary cleanup services as it solely deems appropriate~ and WHEREAS, Exxon agrees to compensate the city for these services in an amount not to exceed $70,000 and to provide the supplies necessary to accomplish these activities~ 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 an agreement with Exxon Company, USA for the purpose of conducting certain shoreline monitoring and discretionary cleanup activities as set forth in Attachment A to this resolution. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 25th day of September, 1989. THE CITY OF SEWARD, ALASKA AYES: NOES: ABSENT: ABSTAIN: ~~ .-&~~-;.. HARRY E., SELER, MAYOR Dunham, Gieseler, Hilton, Meehan, Noll & Simutis None O'Brien None -1- . . . CITY OF SEWARD, ALASKA RESOLUTION NO. 89-117 ATTEST: (City Seal) -2- APPROVED AS TO FORM: PERKINS COIE, Attorneys for the city of Seward, Alaska iJlrcif,l ,) j c~ Fred B. Arvidson City Attorney . SHORELINE MONITORING AGREEMENT THIS AGREEMENT is entered into this day of , 1989 , by and between Exxon Company, U. S . A. ; (a division of Exxon Corporation), as contractor for Exxon Shipping Company (Exxon), and the City of Seward : (Municipality) . WHEREAS, Exxon desires to obtain certain information and data regarding the fate and effects of oil spilled from the T/V EXXON VALDEZ, as well as to continue to mitigate the effects of the spill during the winter months; and WHEREAS, Municipality desires to provide services in the collection and transmission of such information, and to ,undertake certain cleanup services as it deems appropriate; . NOW, THEREFORE, in consideration of the premises and in further consideration of the promises below, Exxon and the Municipality agree to the following terms and conditions: 1. As full consideration for the service described below Exxon will: A. Pay the Municipality the sum of $70,000.00 upon execution by Municipality of this Agreement. B. Provide a replenishable supply of other equipment, as shown on facilitate tar ball sampling cleanup activities. bags and gloves and Attachment A, to and discretionary C. Provide a containerized supply of snare boom, absorbent materials, protective clothing, and other equipment for quick response capability as described in Attachment A. Resupply of this equipment will require verification of damage to the original item. D. Provide appropriate emergency supplies and survival gear as described in Attachment A. Resupply of this equipment will require verification of damage or an incident report explaining the emergency that may have created consumption or loss of some equipment. . CITY OF SEWARD SHORELINE MONITORING AGREEMENT E. Provide a camera and film for beach monitoring activities. F. Ownership of all equipment will be retained by Exxon at the completion of this project. G. Reimburse Municipality for the actual cost, not to exceed $20,000, of Worker's Compensation insurance and liability insurance for the Municipality, its employees and subcontractors engaged in activities under this Agreement. This payment shall be made within two weeks of tender to Exxon of a bill indicating that the Municipality has obtained such insurance. 2. As full consideration for the payment and equipment described above the Municipality agrees to: A. Perform monitoring and tar ball sampling approximately every two weeks, unless limited by weather, as described in page one of Attachment B. This monitoring and sampling is to be done on the beach segments described below and shown on the map included as Attachment C.: site 1: LOWELL POINT (Segment lA) site 2: BALLAINE AVENUE WATERFRONT (Segment lB) site 3: FOURTH OF JULY CREEK - NORTH (Segment lC) site 4: FOURTH OF JULY CREEK - SOUTH (Segment lD) B. Send facsimile reports every two weeks to Exxon's Anchorage office and resubmit the final reports by the most convenient means once the developed photographs are received, properly identified, and attached to the appropriate report. C. Perform discretionary passive cleanup on beaches important to the Municipality as deemed to be necessary or appropriate by the Municipality. It is agreed that this cleanup will be limited to surface pickup only, and shall not include removal of rocks, sediment, or subsurface materials. Page 2 CITY OF SEWARD SHORELINE MONITORING AGREEMENT . D. Perform discretionary deployment and recovery of snare boom and/or absorbent materials to protect sensitive habitat areas or beaches as deemed to be necessary or appropriate by the Municipality. It is agreed that such action will be taken only if it can be done in a safe manner. E. Municipality shall be responsible for all related costs to perform the services required above and will transport all waste materials back to the Municipality for storage until pickup by Exxon can be arranged. .3. Municipality will be solely responsible for safety training, supervision, administration and compensation of any persons hired by Municipality to assist in providing the services described above. In addition, Municipality will be responsible for providing workers I compensation insurance and other benefits as may be required by law. Municipality shall ensure that no persons who are not properly trained, equipped, and insured will perform any portion of the services under this Agreement. . 4. It is understood that the funds provided represent full compensation for all work performed during the winter (October 1, 1989, to March 31, 1990). If, for any reason, the monitoring and tar ball sampling programs are abandoned by the Municipality, a $20,000 refund (or a proportionate share of that amount, based on when the program was discontinued) is due to Exxon. If these programs are continued throughout the winter, no refund is due, regardless of the amount of cleanup or response activities performed (including no activity). Likewise, no additional funds will be provided for monitoring, sampling, discretionary cleanup, or discretionary response, regardless of the level of acti vi ty. It is further understood that the above represents the total agreement between the two parties. '5. Nothing contained in this Agreement shall be construed as an admission of liability on the part of Exxon, a waiver or satisfaction of any claim the Municipality may have against Exxon in connection with the T/V EXXON VALDEZ oil spill, or an agreement on the part of the Municipality that Exxon has satisfied any or all obligations it may have under federal or state law. . Page 3 CITY OF SEWARD SHORELINE MONITORING AGREEMENT Furthermore, this Agreement is not intended to impose an affirmative or other obligation on the Municipality to perform any cleanup activities, to deploy/recover snare boom, or to assume any legal responsibility by reason of this Agreement for the T/V EXXON VALDEZ oil spill. Likewise, any decision of the Municipality not to undertake any discretionary activity under this Agreement shall not constitute an admission as to the necessity of such activity. IN WITNESS WHEREOF, Exxon and Municipal i ty have executed this Agreement on the dates shown below. EXXON COMPANY, U.S.A. (A DIVISION OF EXXON CORPORATION) 'AS CONTRACTOR FOR EXXON SHIPPING COMPANY BY: 'ITS: DATE: j CITY OF SEWARD, ALASKA BY~ ' DARRY CHAEFERMEYER CITY MANAGER DATE:~~ 2-'-/ /7<77 ATTEST: APPROVED AS TO FORM: PERKINS eOIE, Attorneys for the city of Seward, Alaska Gr.~ J J~ Fred B. Arvidson City Attorney I', (eity Seal) \ Page 4 ATTAC"'ENT A . Eauioment list for MuniciDa1ity REPlENISHABlE SUPPLY 4 dozen rubber gloves 4 dozen rubber glove liners 12 boxes clear plastic bags at 50/box . 600 bags 2 small fish totes CONTAINERIZED SUPPLY 4 500 1000' 1 I" 3 - 4 - 4 4 Mustang suits - 2 medium, 2 large snares (pom poms) snare boom - 2 - 500' sections coil 5/8" poly line. 1200 ft. coil 1/2" poly line. 1200 ft. 50. anchors spare rain suits, pants, jackets - 2 medium, pair rubber hip boots - sizes 8, 9, 10 rain hats . EMERGENCY SUPPLIES/SURVIVAL GEAR 1 First aid kit 2 - 3-man tents 1 tarp 1 Coleman stove 2 gallons Blazo fuel 2 boxes waterproof matches 7 day's supply dehydrated food for 4 people 1 mess/cook kit for 4 people 4 silverware kits 4 6-ga110n water containers 1 box babywipes 1 life ring w/l00' line 1 flare gun w/spare flares 12 pairs socks 4 3-1b. sleeping bags 1 bottle fresh water purification tablets 4 wool blankets 1 Coleman lantern with fuel . 7207 2 1 arge ATTACHMENT B Winter Monitorina Proaram - Monitorina Form Site Investiaation Each shoreline should be visited approximately every two weeks during optimum low tide periods when sunlight is adequate for photographic documentation. The following documentation should be conducted: 1) Each shoreline should be walked at low tide and the frequency of oiling observation (tar balls/patties) recorded as - number of tar balls/ patties/lOa yards of shoreline. 2) A map should be generated that indicates the area walked and the frequency of tar balls/patties for each shoreline, approximate distances and significant physical features indicated. 3) Record the weather condi t ions, note the time of the last s igni fi cant storm, the time of day, and the date of observations. 4) Photographs taken with a 3Smm Camera with Databack should be taken evp 100 yards with orientation noted. Should oiling be present representative closeup of the type of oil ing should be taken. A ruh, should be placed in the picture to give an indication of scale. S) Two representative tar ball/mousse patties from each mile of shorel ine should be taken and sampled in accordance with the attached guidelines. These samples should be shipped as indicated in the guidelines. The attached forms should be used in compiling this Data. Tar Ball Collection Kit Cooler Tar Ball labels Chain of Custody Form Winter Monitoring Form Winter Spatulas Bubble Wrap Ziploc bags Sample jars Permanent marker Clear tape Sampling gloves Paper towels Blue ice Custody seals ATTACHMENT B - Pg. 1 of 4 . . . TAR BALL COLLECTION GUIDELINES TliO TAR BALLS/JAR 1. Preparation 1.1 Make a clean area to work. Set out ONE JAR on the clean area. 1.2 Take out the TWO TAR BALL LABELS that have the ~ number above the bar code. Use the PERMANENT MARKER to write on each label: Sampler (your name), Station (villaae), ~, Time (military time), Location (beach name). 1.3 Put one label on the jar, and one label on the Chain of Custody/Sample ID form. Cover the jar label with CLEAR TAPE. 1.4 Fill in the WINTER MONITORING FORM. Draw a mao of the shorel ine on the bottom of the form. Indicate the tar ball area, and oilina area. Write the tar ball samole ID number (from the jar label) at the exact sample location on the map. 2. Sample Collection 2.1 Put on a pair of SAMPLING GLOVES. 2.2 Use WOODEN SPATULAS to scrape or collect the two tar balls into the jar. To avoid contaminating the sample DO NOT TOUCH THE TAR BALLS WITH ANYTHING EXCEPT THE WOODEN SPATULAS. 2.3 Close the jar. Wipe oil off the jar with PAPER TOWElS. Wrap the jar in BUBBLE WRAP, place in COOLER with frozen BLUE ICE. 2.4 Put all waste (spatulas, paper towels) into ZIPLOC BAG and collect that along with any other disposable waste for return to the village. 3. Packing and Delivery 3.1 Check the JAR LABELS. CHAIN OF CUSTODY FORM. AND WINTER MONITORING FORM to make sure numbers match and forms are completed. 3.2 Wrap jars in bubble wrap, put in cooler with blue ice on top. 3.3 Write your DJmI on the top of the Chain of Custody form (RECORDER:). Sign and date the form at the bottom (RELINQUISHED BY:). 3.4 Put the Chain of Custody form in a separate ziplock bag and place it inside the cooler. Close the cooler. 3.5 On TWO CUSTODY SEALS, write the date and sign your name. Put the two seals on the cooler so that they would be torn if the cooler is opened before getting to the lab. 3.6 Keep the cooler in a cool place until it is picked up and taken to the lab. ATTACHMENT B - Pq. 2 of 4 WINTER MONITORING FORM Location Shoreline: Monitor: Village: Date: TiE: Weather Conditions (check with an X) . Sunny . Overcast . Raining . Snowing . Fog Tvoe of Shoreline . Beach - sand - gravel - shale - cobble . Rocky . Boulders Tvoe of Oil irlQ . . Tar Balls Mousse Patties Bands of oil - (0-3 yds band) (3-6 yds) (>6 yds) Pools or Pockets of. oil Yes . MaD 7558 Last Storm - date: No./lOO yds ATTACHMENT B - Pg. 3 of 4 No . . . 0/ a ",-,vL-<--' - , WINTER MONITORING FORM Mon;tor: Village: Date: Time: Jr..l1- 1')9tJ Loc;ation Shoreline: l~ccl<-~1 ~..ad<--. --dL-~ 3C-uj.' ~~~d J"-s, We;ather Conditions (check with an X) . . . . . Sunny Overcast Raining Snowing Fog last St.", - date, 912~~d~"'1/<I, 19~" )( Tvne of Shoreline . Beach - sand J< - Je, 'I... - gravel - shale - cobble Roc ky )( ':>.:l 'i(; Boulders . . Tvoe of OilinG ,. 7SS8 No ./100 yds 5- J . . Tar Balls 'I Mousse Patties Bands - (0-3 yds band) (3-6 yds) (>6 yds) Pools or Pockets of oil Yes No . f+ 'i3 _ .,./e. A"'" I I~' vb -- / / ./ . ./' -- (!.le.'-' rJ,,1.,..1IJ *"'0 14. ,.. Q.,.It...L1 ~ 1"'1 "c. C... ....~r.. ;.eoJ r'r A'rl'ACHMENT B - P9. " of 4 9/; (J'f Municioalitv Monitorina. Samolina. and Discretionarv Resoonse Proaram Monitorin~/samolina * Monitor1ng and tar ball sampling recreational beaches important to the municipality - safe access - up to four one mile segments * Elements - 6 month duration - 2 trips/month - l8 pictures/trip - 8 tar ball samples/trip * will pay $5000.00/mile segment - reduction in mileage = reduction in payment - ommitting tar ball samplini = $lOOO less/mile segment - ommitting montoring = $O/mlle segment Discretionarv Resoonse * will pay Seward $50,000 additional payment for: - discretionary possesive shoreline clean-up - discretionary critical habitat or shoreline protection Attachments *Shoreline Monitorini Agreement * Attachment A - Equ1pment List for Municipality * Attachment B - Monitoring Form * Attachment C - Seward Area Map . SEG".ENT IE 1 mile II =\\ II, SEGMENT IA 1 mile II ,P . i"j \ ~ I I ", ';l> ..<, SCALE 163360 . "'" "'" """ """ """ ""'" ~ KllOMP"ES CONTOUR INTERVAL 100 FEET NATIONAL GEOO(TIC 'i(RT\CAL DATUM OF 1929 DEFTH CURVES AND SOUNOINGS 1M fEEl_DATUM IS MEAN lOWt~ LOW WATER SHOllfllHE SHOW" ll:(PllE${HTS nlE ~PI'IlOXI"''''TE lINE Of M(,," \'Ill:lItWIITEIl tI<E~AAHGEOfIlOEIS.o\PPllQ.l:Iw.ta.YIlFm . FOR SALE BY' U. S. GEOlOGICAL SURVEY fAIRBANKS. ALASKA 99701. DENVER, COLORADO 80225. OR REsrON, VIRGINIA 22092 A FOLDER DESCRIBING TOPOGRAPHIC MAPS AND Cj;VMBOlS IS AVAILABLE ON REQUEST , ~, ......"'- .. J-:-" . ~" ot"" 20 . '''T''''O._O'O~OO'C'' ......~,. ""'ILES ROAD CLASS ZiOO)FtET M@dium.du.ty ~.a UT'lrmp'o~eddirt USlatl OUAO~E l.QCI.T\0t4 SEW AR N600