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HomeMy WebLinkAboutRes2006-079 Sponsored by: Corbridge .... CITY OF SEWARD, ALASKA RESOLUTION 2006-79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING AN ASSIGNMENT OF THE AGREEMENT BY AND BETWEEN THE CITY OF SEWARD AND QUTEKCAK NATIVE TRIBE FOR OPERATING AND MAINTAINING THE SEWARD MARICUL TURE RESEARCH CENTER AND SHELLFISH HATCHERY AND APPROOVING THE ASSIGNMENT OF THE AGREEMENT TO CHUGACH REGIONAL RESOURCES COMMISSION WHEREAS, the City and Qutekcak Native Tribe ("QNT") entered into an agreement in December 1997 for the operation of the Mariculture Production Facility and to cover maintenarce costs at the Mariculture Technical Center while producing high quality spat and aquatic plant seed stalks for the Alaska Mariculture Industry; and WHEREAS, a new Agreement for Operating and Maintaining the Seward Mariculture Research Center and Shellfish Hatchery (the "Agreement") was entered into with QNT and QNT bas been operating the shellfish hatchery under this Agreement since May 28,2003; and .... WHEREAS, QNT would like to assign its responsibilities under the Agreement to the Chugach Regional Resources Commission ("CRRC"), a consortium of tribal entities; and WHEREAS, Amendment No. 1 to the Agreement authorized QNT to assign its rights and responsibilities, subject to the City's consent and other conditions being met; and WHEREAS, under this assignment, CRRC assumes all the responsibilities under the Agreement, but it would not release QNT from its responsibilities, ifCRRC failed to perform under the Agreement; and WHEREAS, it is necessary to authorize and consent to an extension of this assignment of the Agreement to CRRC until June 30, 2007. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. An assignment by and between the City of Seward and Qutekcak Native Tribe lDr operating and maintaining the Seward Mariculture Research Center and Shellfish Hatchery to CRRC in substantial form as presented at this meeting is hereby approved and extended until June 30, 2007. Section 2. This resolution shall take effect immediately upon its adoption. .... CITY OF SEWARD, ALASKA RESOLUTION 2006-79 PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 26th day of June, 2006. THE CITY OF SEWARD, ALASKA / . ) 14~ ltJrJ Vanta Shafer, Mayo AYES: NOES: ABSENT: ABSTAIN: Dunham, Valdatta, Lorenz, Schafer, Bardarson, Thomas, Shafer None None None ATTEST: ""u II "'" ...,.., Or: SE:*-."" (City Se~'" ~~ ............ '-1r. ~" ~)& ....o?>.?OFii;....:ro ~ ~ .. ,t;.) ~'. ~ ~ ..~~ ___ 0.. :- - : ~ . : .: SEAL :.: . ~ : - ~.. --- :: 0;. ... Vi' . f\, l ~ -:. U''Iro. '..VA'~ ,\~'\.., ,.L'! ~.: , '.:d .:'1, 1 .' ~ ~ ';, -1 )-~.....lo" ~c., ~..... "It ~ OF ~\,.: ",.. "'"lIn'~''' J ....J J , ..... COUNCIL AGENDA STATEMENT Meeting Date: June 26, 2006 Through: Clark Corbridge, City Manager From: Kirsten Vesel, Assistant City Manager Agenda Item: Seward Mariculture Research Center and Shellfish Hatchery BACKGROUND & JUSTIFICATION: The City and the Qutekcak Native Tribe ("QNT") entered into an agreement in December 1997 for the operation for the Mariculture Production Facility and to cover maintenance costs at the Mariculture Technical Center while producing high quality spat and aquatic plant seed stalks for the Alaska Mariculture Industry. A new Agreement for Operating and Maintaining the Seward Mariculture Research Center and Shellfish Hatchery (the "Agreement") was entered into with QNT May 28, 2003. In December 2004, the City approved Amendment No. 1 to the Agreement, authorizing and approving an assignment to the Agreement to the Chugach Regional Resources Commission ("CRRC"), a consortium of tribal entities. That assignment expired and the parties have requested another assignment to allow CRRC to continue operating the facility. Under this assignment, CRRC would assume all the responsibilities under the Agreement, but it would not release QNT from its responsibilities, if CRRC failed to perform under the Agreement. The parties are actively involved in negotiations a reduced bond and plan to enter into a new operating and maintenance agreement directly between the City and CRRC. We are extending the agreement to complete all legal obligations. It is likely that we will finalize all of the documents before June 30, 2007 in which time we will present council with a new agreement and terminate this agreement. CONSISTENCY CHECKLIST: Where applicable, this agenda statement is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. FISCAL NOTE: The only costs associated with this assignment are administrative staff time and legal costs which are provided for within budget. Approved by Finance Department RECOMMENDATION: Council approves Resolution 2006-79, approving QNT's request for a time extension for the assignment of the Agreement by and between The City of Seward and the Qutekcak Native Tribe for operating and maintaining the Seward Mariculture Research Center and Shellfish Hatchery to Chugach Regional Resources Commission until June 30, 2007.