HomeMy WebLinkAboutORDINANCE 1395-1990f~
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Suggested by: Council
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City of Kenai .
ORDIIdANCB NO. 1395-90 .
AN ORDINANCE OF THE COUNCIL OF THE CITY OF.KENAI, ALASKA CRWA3I~IG
ESTIMATED REVENUES AND APpROPRIATION9 BY $15,000 IN ENERAL FUND
AS THE CITY OF KENAI'S SHARE OF COSTS F4R THE U.S. MS 9~RVICE. ~.
WHEREAS, the City of Kenai desires to locate a toms officer in the.
Kenai Municipal Airport, and
WHEREAS, the municipalities of Kenai, Homer and the Kenai Peninsula
Borough have each pledged $15,000; the Cit of Soldotna has pledged
$5,000; and the City of Seward has pledg $305000 to finance the
customs officer's expenses for one year and
WHEREAS, the City of Kenai will prow de Airport Terminal space,
including utilities, at no cost.
NOW, THEREFORE, BE IT ORDAINED THE COUNCIL OF THE CITY OF KENAI,
ALASKA that estimated revenues nd appropriations be increased as
follows:
General Fund
Increase Est
Appropriat
Increase
Non-De
PASSED BY THE
September, 199C.
~!d Revenues
of Fund Balance $15,000
riations:
tal - Miscellaneous $15,000
OF THE CITY OF KENAI, ALASKA, this 19th day of.
JOHN J. WILLIAM3, MAYOR
ATTEST:
Caro L. Freas, City Clerk
Introduced:
Adopted:
Effective:
Approved by Finance:
(8/23/90)
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September 5, 1994
September 19, 1990
September 19, 1990
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MEMORANDUM OF AGR$T
Under the provisions of Section 236 of the Trade ;. .
Act of 1984 ( P.L. 98-573 anc~ Tariff
( )~. as amended.; the
Commissioner of Customs is(authori~~dSB b
seaports and other facilities at which Cuetoms~ate airpatt$,.~
made available on a fully reimbursabi~ bas servioe,$.may be ..
this agreement is to designate the locatons~withe u
Peninsula Borough, a mwnici ai p ;'Pose of
p corporation in Alaska~h~~,~eibl
for such services under the conditions $et fort g e
agreement. h in this
The Cities of Isomer, Kenai, s9eward and
Kenai Peninsula Borough, Alaska muniei Soldotna and the
hereinafter municipalities, shall ~ointl~ b rations,-
"Person" using Customs services, as the term i nsidered to be the
Section 236 (b) of P.L. 98-573. ® applied in
(c) of the law, a detes~gaination has beenrmadeethith Section 236
business at the designated locations and faoilitat th® vo~;ums of
insufficient to justify the availabili ies is
Customs services in those locations. ~ of unreimbursab~;e
CUSTOMS OFFICE LOCATION:
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The principal office will be located et the Ken
Airport, 305 N, W311ow Street K ai Municipal,
service volume warrant, additiona~of~ ~a$kma~ 99611.
locations where services may be Slsoul~ tbs.
~ provided u Y ~ estab~,iahed . ~~t
person usting the services and the V. Pon concurrenoa'n# tie.
office location may be changed with h CCOrtiCUr~ The principal
using the service and V.S. Customs should the rsnce of the person
Customs services warrant such a change. P ovision of
CUSTOMS SERVICE LOCATIONS DEFINED=
~atione at which Customs service8 would be a
under this agreement are: (see location ma uthori~ed
p1
1. Within the corporate boundaries of the C
Kenai, Homer, Seward and Soldotna, Alaska~iea of
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• The portions of the Kenai Peninsula eorou
adjacent to the unincoz'Porated community cf
Nikiski.
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~. 3. The portions of the Kenai Peninsula.BOrough
ad~aaent to and including the mouth of Drift.
River.
4. The portions of the area of the Kenai Peninsula
Borough adjacent to and including Ladd Landing.
5. The portions of the area of the Kenai Peninsula
Borough ad,~aoent to and inoluding the native village
of Tyonek.
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6. The portions of the Kenai Peninsula Borough
on the nest side of Cook Inlet, adjacent to
and inoluding Granite Point.
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MUNICIPALITIES' RESPONSIBILITIES:
The Municipalities agree to reimburse the Customs service
for the posts of a full-time inspector including relocation'.>
expenses, salary and benefits, training , vacation relief,
travel, per diem, and cost-of-living allowance (if applioab~,e )..
Estimated coat excluding travel, per diem, and cost-of~-1#ving.
allowance) for the first full year is $73,350 and $50,112. for
the second year. The succeeding years costs will be adjusted fpr
changes in the rate of pay and allowances mandated by legislative
and regulatory requirements. Customs will notify the
Municipalities of the estimated costs for succeeding years as
soon as the estimate is prepared or revised.
All of the above mentioned expenses will be determined in
accordance with generally accepted accounting principles and
standards. This amount will be billed in quarterly installments,
commencing from the date on which the initial payment is due,
which will be 15 days prior to the effective dat® of this
agreement. The cost-of-living allowance, travel, per diem, and
any other variable expense will be collected after it is incurred
and will be invoiced as an adjustment to the subsequent quarterly
installment.
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1 Relocation and equipment costs absorbed in the first year,
reducing subsequent yearly costs.
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MUNICIPALITIES' RESPONSIBILITIES (continued):
The Municipalities also agree to provide, at no cost to the
Customs Service, sufficient office space, utilities, offic~_ ~:
furniture and equipment including telephone, facsimile machine,
answering machine, personal computer (with installation a-nd
maintenance cost for data link to the Treasury Enforcement
Communications System and Customs Automated Commercial Systen-~,
and any other necessary office equipment, automate8 data '
processing equipment or software (including installation and
maintenance costs. Prior to the Commissioner's signature to the
agreement, the regional commissioner will direct a site surrrey be
conducted by his/her staff to verify the adequacy of facilities
and equipment. •
OPERATIONS:
It is recognized that the Municipalities may be reimbursed
for expenses by the individual user of the services. The
Municipalities agree to set, and periodically review, the rates
to users of Customs services to ensure that charges cover
reimbursable expenses.
CUSTOMS SERVICE RESPONSIBILITIES:
Regular Customs service will be provided 8 hours a day,
a.m. until p.m., Monday through Friday. Any
services outside the er gular hours will be provided on an
overtime basis. The full costs of overtime service will be paid
by the requesting party in accordance with the rates prescribed
by section 267 of Title 19 of the United States Code, as amended.
In the absence of required inspectional services for the
Municipalities, the Customs Service may assign other duties to
the inspector to be performed at the principal office.
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MUNICIPALITIES' DESIGNATED REPRESENTATIVE:
designated as the official representativehforsthe Municipalities
for administration of this agreement. All communisations or. '.
notices from Customs of any nature regarding this agreement,~rhall
be made to this person. Notice to the designated representative
will be deemed to be notice to all the Municipalities as if p~c~h
had received it separately. All notices and commuaications~~rom
the Municipalities to Customs regarding this agreement will only
b® issued by the designated representative. The Municipalities
may change the designated representative and shall promptly
notifX Customs of such change or any change in the holder of the
office designated as the representative.
TERMINATION OF AGREEMENT:
This agreement may be terminated by either party upon 120
days written notice to the other party. If any amounts due under
this Agreement are not paid to the Customs Service in a timely
manner, the Agreement will be automatically terminated. In the
event of termination, ail costs incurred by the Customs Service
which have not been reimbursed will become immediatlaly due and
payable. Interest will accrue based on current U.S. Treasury
borrowing rates or 10.5 percent per annum whichever rate is less.
Interest accrual will commence if reimbursement is not made
within 30 days of presentation of the invoice or request for
reimbursement from Customs.
EFFECTIVE DATE:
This Agreement will become effective on
The Agreement will continue in effect until terminated by either
party.
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City of Homer
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City of Kenai
City of S®w$rd
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City of Soidotna
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