HomeMy WebLinkAboutRes2006-079
Sponsored by: Corbridge
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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
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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.
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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
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Vanta Shafer, Mayo
AYES:
NOES:
ABSENT:
ABSTAIN:
Dunham, Valdatta, Lorenz, Schafer, Bardarson, Thomas, Shafer
None
None
None
ATTEST:
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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.