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Home My WebLink AboutRESOLUTION 1996-64Suggested by: Administration. CITY OF KENAI RESOLUTION NO. 96-64 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA' FORMALLY ACCEPTING A GRANT FROM THE STATE OF ALASKA,' DEPARTMENT OF FISH AND GAME, DEPARTMENT OF NATURAL RESOURCES, AND EXXON VALDEZ OIL SPILL RESTORATION OFFICE .IN. THE AMOUNT OF $100,000 FOR THE KENAI DUNES RESTORATION PROJECT, AND ACCEPTING THE CONDITIONS OF THE COOPERATIVE AGREEMENT. WHEREAS, the State of Alaska has offered the City of Kenai a grant in the amount* of $100,000 for the Kenai Dunes Restoration Project; and WHEREAS, the Kenai City Council formally accepts the grant and the' conditions of the grant by resolution; and NOW,, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City formally accepts a grant from the State of Alaska, Department of Fish and Game, Department of Natural Resources, and Exxon Valdez Oil Spill Restoration Office in the amount of $100,000-for the Kenai Dunes Restoration Project, and accepting the conditions of the cooperative agreement. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 4th day .of September, 1996. ATTEST: Carol L. Freas, City Cler~ Ap?roved by Finance: ~ Written by Public Works: AUG ~ ~$ B3:56PM ADFB~-BBITAT DIVISIOM Cooperative Agreement between the Alaska Oepadment of Fish lnd Game, Habitat end Reetor. tlon Division, the Allikl Deplrtment of Natural Reeoumea, Exxon Valdsz Oil 8pill Restoration Office, Ind the City of Kenai forths Kenai Dunes Reitomtlon PToJe~t Participant,8 This agreement is between the Alaska Department of Fish and Game, Habitat and Restoration Division, (ADF&G), the Alaska Department of Natural Reaourcoa, Exxon Valdez Oil Spill Restoration Office (ADNR), and the City of Kenai for work to be performed es part of the Kenai River Habitat Reatoretlort and Recreation Enhancement Project. ADF&G and ADNR enter into this agreement under the authority A$36.30.850(c). II. Purpose The purpose of this agreement is for ~ City of Kenei to complete a project' on the Kenei River that will restore and protect fish habitat, improve recreational access to the river arid provide Information to the publto that explains the purposes of this project. This will be accomplished by placing concrete barriers along Kanel Avenue adjacent to the Kenal Beach Dunes, providing grated walkweys for pedestrian access, preventing vehicular access to adjacent wetlands, and installing informative signage describing the sensitivity of the area end the projects restoration objectives. Iii. Background Public lands on the Kenal River provide important habitat for fish and wildlife species that were injured by the Exxon Vsldez oil spill, including pink and sockeye salmon, Dolly Varden, bald eagle, river otter and harlequin duck. The Kenai River is also very important for a variety of human uses, or "services", 'that 1 w~m Implored by the eplll, Including compri! fishing, mJkmistence, recreation · nd tourlam; Th! ADF&~ end ~e ADNR, in coopm~on wlth the 'U.8. Fllh ,nd v~ldih Se~e' (UaFTNS) have'been funded by the Exxon Valdez 01i Spill Truitee ". ....... · courwll t0.1mplement: r#tomtlon .proJ~.!fracung public, lend, 'on'thsKenal .' :: :". project (l~nal River Re~tc~.on project) I, cl~llln~ to prc~ote tho r~ove~..'~: '" ".. fleh audi', wlldllfe.reeoumea ~na e~rvl~e.tMt were Injured b¥the Exxon'V&ldez oil spilL" ' ... ' ' · ' ' . ' '". THO,' pro.~ will uae a, vartety of technlquee to ixotect or rmtom hab~ti that have ~ damaged by human ~m. ~ proJem will elco deVelOP. reo, eatiOnal aoo~ee elemente that ~re com~ble with etreambank protection ' end fish and wildlife Mbltot, Candtckate 8itel have been aele~ted from public lame ilong the Kenti River. Publio lend8 iitbeted by the proJ~ extend from the ouUet of Kerm Lnke to the. mouth of the ICen81 River. This project woe one of those r, ho~n for fur~llng. IV. Re!ponilbllW# of the Plr ei . I. Wmrrant fin it ham tM fight, power, and iuthoflty to eonib'u~ the. ImprOvemente, Irld thtt there ere no reatfl~lone, covenante, easementl, flOhl~. of, wl¥, or Ul~ which would prevent the City of Kenal from con,tructlng the 2. The City of Kerml emil aleo promptly notify proJe¢~ administrator of 811 chenoei tinkle to the echedule or the doel0n. 3. Complete the work ae deKri~ In Mi)oMb[ A of this agreement by May 16, 199T. 4. Obtnln iii required pormlte and approvals Ir~ludino conatructlon lrKI environmemnl regulntory permM. The City of Kenal 8hall perform all ttpe(=W of the proJe~ In complience with appropriate lawi and re0ulatlm,-.s, which ir~ude but' ere rtot limited to the followin0: AS 35.10,025. Compliance with Loc, al Building Codes, AS 41.~.070, Pl'~l~vaUon of Hl~x~rlo, Pml~lstorio ~nd Ar~eologtoal Re~ouro~ Threntened by Public OonWu~on. RU~ ~8 '9S B3:57PM RDFScT-~HRBITRT DIVISiOH P.4~i8 .' AS 36.05, Publio 0ontmct8, Wages and Hour. of Labor. 42 USC 1210, Title I & II, The Americana with Dieabllltle~ Act (ADA). 5. Supervise and be responsible for all ~ubcontreb-,tora, employees and volunteers working on this project. 6. Allow ADF&G and Al)NE managem ecce~ to the project site for management and monitoring purposes, during and after completion of the project. 7. Install a sign identifying the participation of ADF&G, ADNR and the Exxon Valdez OII Spill Trustee Council in project develol~nent 8, Be responsible, for a period of one ye~ from the date of the Project Administrator's letter of final acce~, for correcting all defects in design or construction when the defect Is brought to the attention of the City of Kenal, without additional cost tO ADF&G or ADNR. The City of Kenai will make good and be fully responsible for all damages to pereom and properly that erisa from - equipment or workman~hlp that ie Inferior, defective, or not in accordance with the terms of this agreement. 9. Maintain adequate imuranoe in conjunction with the design, construction and maintenance of the improvements. 10. Assume ali reapomibllity, d~k and Ilabillt~ for construction anti maintenance of the project. The City of Kenai ~hall Indemnify end hold harmless the ADF&O, the ADNR and the Exxon Veldez Oil 8ptll Truetee Coundl from and against any and all ~uit~, claims, actions, lessee, coats, penalties, and damagel arising out of, in connection with, or Incident to the cormtm~on or maintenance of the pmjecL 11. Submit e final report to the Project Administrator. Inoluded irt thll report will be a short narrative of the project as completed, With detailed explanations of all changes to original plans, if any, and a representative series of dated photographs that depict the full scope of work, end a copy of aa-built plane. 12. Manege the completed project for its intended r. toraflon purpose. B. For the Pu~ of thla Agreenlem ADF&G will be the 8rate ProJeot Adminletmtor. The 8rite Project Admlnl~rator will: 1. Maintain project documentation including preliminary project design, final project design and itemized cost proposal, approval letters, as built plans and letter of final acceptance of the project. ~:~M ~F~H~$IT~T DIVI$IOM P ~ ~,,~,u,e .puGeea in me Pmenclal Considerations In 8ectlorl VI. Cl Following final Irmpactlon, provide · letter of .cceptance. ADF&G ~nd ADNR will Jointly: 1. Inspect and monitor the proJec~ during and after Implementation, to verily- compliance with restoration designs and to evaluate construction according to" project genie. e Conduct a final Inal:)ectlon of the project. D. It Is Mutuslly Agreed That: 1. The ADF&G, the ADNR and the City of Konal 8hall cooperato in ~C~emn:ll:~L?~e- i_m~?v.._ .m'ne.n. ,8 to be provided under this agreement. TI~ · . ,e_r.~ponsmm tot accomplishing all work nece.~smv to reek, ~_pr_.o_v.e~_e_nt_s..The.City of Kena. I may employ design consultants'and ~,n,,'um,un c~n~ctom es may ,e ,pproprlate. 2. ADF&G and ADNR review of designs, plans, epeclflcati~ns or other;: ute engmeenng review, nor relieve the CltyC~'.' .- Kenai from responsibility to prepare an adequate clesign, meet ~ or assure that cost prin~tples are applied to change orders. 3. The ADF&G ?.nd A. DNR shall have the right to stop work if' construc~tm'l ts not in compllenco with thru agreement. 4. .Each party to this agreement will comply with all applicable liw~. regulatmns, and executive ordem relative to Equal Opportunity employment.. r~lulatiN_o_~ln..g.?erein is ,nte_n.c!ed to conflict with federal, state or local law~ or unto,, mare ere connlcts, this ag~ement will be emended at the flat opportunity to bring it into conformance ruth conflicting laws or regulations 6. Each party agrees that it will be responsible for lt~ ~ ~ end , s°~ai;~c~:minn~.u~etnh~c~f~lt_s.??~, a~nts,_.end employ., and each party -I' ..... ~ k..._".'~'._ . .,om.narm,~??~..... me omar. to the mmdmum extant' ' =~v~. e~..¥ ~...w, trom.eny c4mm or, or Ii~ihty for error, omission or Ii eat or wnmaver Ki .nd, Including attorney fees, for damages to DmDa~lv ~na~l~ B3:S8PM AI)FS~T~H~BITAT DIVISIO~ 7. Each I~ ~ to comply with ell applicable federal .nd Irate. liw~. regulating ethical conduot of public officers end employees. 8. This agreement Is goverrmd by the laws of the ~mte of A~kM(e. All ~,,' ~.mir~ t~a ,~reeme~ ~,, ~ ~ ~n ~, ~ c~n ~ ~ ~t~.'~~, .. . ..... 9. The City of Kenal fill provide and maintain, for ell empl~ engm~)d In work.. under thl; egreemenk worke~' com~n i~ coVMilge u requlred".b/' AS ..23.30.048, and where al:)pl~le, mn,/other ~stabJtO~ obllgatiorm hY. JkKIIn~ but not limited to Federal U.$.L&H. and Jone~ Ac, requimmenf~. ' "' 10. This agreement rrmy not be emended excx~pt by mutuM written (torment of IN) parties. 11. The effective date of thi. agreement .hell ~ from the date of the final Mgnature. 12. The termination of this agreement al~ll be on May 15, 11t97, or 30 days after constm~ion completion, whichever comes first. Prior to conatruotion, any party may terminate its participation in thle agreement by providing the other' parties notice In writing 30 days in advance of the date on which its termination becomes effective. 13. Any material publl.hed or dat. acquired ~m · re.ult of thia ccopemflve program may be reproduced, with credit given to the egencit~, or organlzeUont responsible for the development of the material. 14. Nothing in thl, agreement ~hall obligate any party in the expandltum of fundm, or for future payments of' money in exce~ of approl~ationa authorized by law. .with mi terms of thla agreement,., the .~llc,t,,ing IncllVlduali are the. p~ect.: ". .... · : AI.ka Dept. of Fllh arid Game-. 333 I~a~ Rd. . - " Anchorage, AK ~,~18-15~ " .." g07-267-22.77' Art Welner (pmj~t Manager).. Exxon V. Id~ 011 ~plll R~i~ Offloe Ala,IE~I Dl~t, 3601 C Street, Suite 1210 Anchorage, AK g07-269-8424 F~GL:~ ~9~ 0~:$8PM F~DF&GxH~BITAT DI¥ISIO~ VI. Financial Contideratlon 1, The Project Administrator agree~ to reimburse the City of Kenai art ' amount not to exceed $100,000 to be paid in ar, cordame with the ~dget In Attachment A. 2....The City of Kenai will submit a billing Invoice upon completion of,. the ' project ~ all charge, Incurred. The Invoice ,h~ld be a~ompanled bye.- . ..,., detailed listing of expenditures subtotaled by line Item. The listing should be of" ':. " sufflclsn, t detail to evaluate performance end expandlture~ against the linc'item' budget in Attachment A. Itemized information should Include: dates of service and names of individuals for all personnel service costs; travel dates and. locations by traveler;, dates and provider of contractual services; dates o4' purchase and vendor name for commodities/supplies and equipment. 3: Upon receipt ~d approv, al of the final report, the final Inspection and the bdllng invoice, the Project Administrator will reimburse the City of Kanai. 4. Invoices will not be accepted for ~harges Incurred pdor to the effective date of this agreement, or after May 15, 1997. Final Invoices must be receivecl by the Project Administrator within 30 days of expiration of this contract $. .The State will make ~ery attempt to proc, au payment promptly. In ~ event aT a late payment, the State shall not be eeeee~ed late fees. ' 6. The City of Kenai will maintain a ~parata est of accounting reoor~e for this project and shall retain these recorcle for a period of three years from the termination of the contract. These records shall be made available to the Exxon Valdez 011 Spill Trustee Council, the State or its agents for audit purposes. .Vii. 81ongmrles · TM partln Mmby Mrn to tho torm8 and ~mdit!~'nt'. forth For the AIImlm Oepallmellt of Fllh .11M ~:',~...'.-' ~ .~'..-'.::..:". Janet Ko~llld Director, Olvlelon of H~ltat end 'RoetOmllon. Kevin BroOke '" ' - "'"' " Director, OJvilion cf Aclminiltr~ion I I I I Dine For the Aluka Dopartm~t of Nntural R..oumen: Deputy COmmi~ioner D~te Admini~mtJve Officer. Divl.ton of,~,~lmlni~d,&tlan .. For the CRy of Kend: Richard Ro# A~tng City Manager Appendix A PmJe~ Name ProJeat ID Project L~.atlon Project Manager Managing Agenc~ Project Co~t anti Line Item ~ ~8 ~9~ ~:~PM ~FSC~HABITAT DIVISION DEPARTMENT OF FIEH AND GAME ]L&]I~.'kT ~ND ~]~'OL,~1/ON D][V~ON ,. p.i,,ie ro~oWr, s~ m~o~ MESSAGE: I I II II - -