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HomeMy WebLinkAboutResolution No. 2010-20the ro KENAI, ALASKA CITY OF KENAI RESOLUTION NO. 2010-20 Suggested by: Administration A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, APPROVING A COOPERATIVE AGREEMENT BETWEEN THE ALASKA DEPARTMENT OF FISH AND GAME AND THE CITY OF KENAI FOR KENAI RIVER PERSONAL USE FISHERY NORTH SHORE FISHERY SUPPORT IMPROVEMENTS AND AUTHORIZING THE CITY MANAGER TO SIGN THE AGREEMENT ON BEHALF OF THE CITY OF KENAI. WHEREAS, improvements to the existing support facilities for the personal use fishery on the north shore of the mouth of the Kenai River were adopted as part of the City of Kenai Capital Improvements Program Priority List for State and Federal Funding Requests for the Fiscal Year 2011; and, WHEREAS, the Alaska Department of Fish and Game, Division of Sport Fish (ADF &G) has provided an agreement with the purpose of enhancing the existing support facilities for the personal use fishery on the north shore of the mouth of the Kenai River; and, WHEREAS, ADF &G will contribute funds not to exceed $150,000.00 to reimburse the City for accomplishing improvements to include two pre -cast double vault restrooms, pedestrian walkway improvements, permanent signage and pedestrian barrier fence. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, Cooperative Agreement COOP -10 -096 between the Alaska Department of Fish and Game and the City of Kenai for Kenai River Personal Use Fishery North Shore Fishery Support Improvements is approved and the City Manager is authorized to sign the agreement on behalf of the City of Kenai. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this seventh day of April, 2010. Carol L. Freas, City Clerk PAT PORTER, MAYOR The ADF &G does hereby agree: COOPERATIVE AGREEMENT COOP -10 -096 between the ALASKA DEPARTMENT OF FISH AND GAME DIVISION OF SPORT FISH P.O. BOX 115526 JUNEAU, ALASKA 99811 -5526 I. PURPOSE OF THE AGREEMENT and the CITY OF KENAI 210 FIDALGO AVENUE KENAI, ALASKA 99611 -7794 for KENAI RIVER PERSONAL USE FISHERY NORTH SHORE FISHERY SUPPORT IMPROVEMENTS This memorandum of understanding is made and entered into between the Alaska Department of Fish and Game, Division of Sport Fish, hereinafter referred to as the ADF &G and the City of Kenai, hereinafter referred to as the City. ADF &G enters into this agreement under the authority of state statutes AS 16.05.050(12). To enhance the existing support facilities for the personal use fishery on the north shore of the mouth of the Kenai River. II. COVENANTS OF THE ALASKA DEPARTMENT OF FISH AND GAME a. Reimburse the City for accomplishing the purpose(s) of this agreement in an amount not to exceed $150,000.00. The City will be reimbursed only for the cost of work it has actually completed (as described in Section III.) and which ADF &G has approved. Reimbursement will be made within 30 days of receipt and approval, by ADF &G, of a request for reimbursement. All requests for reimbursement shall be adequately documented. Documentation may include copies of materials invoices, payroll ledgers, equipment logs, contract payments, etc. b. Meet periodically with the City and provide overall program development and planning assistance. c, Perform a final inspection of the completed project(s) to verify compliance with this agreement. III. COVENANTS OF THE CITY OF KENAI The City does hereby agree: a. Implement, maintain and assume ownership /responsibility for the following improvements: Pre -Cast Double Vault Restroom During the personal use fishery the City of Kenai rents and maintains eight (8) portable toilets at the end of Kenai Avenue. During weekends the portable toilets must be pumped and serviced up to twelve (12) times daily. The installation of two double toilets, each with 2,000 gallons of storage capacity will significantly reduce by a factor of fifty (50) the number of times the facilities must be pumped per weekend. Pedestrian Walkway Improvements A large volume of foot traffic accesses the north shore to participate in the personal use fishery utilizing a pedestrian pathway from Old Town Kenai. The construction of trail improvements would increase capacity and make it easier to carry /pull equipment such as coolers, chairs, nets, etc. Permanent Signage Signage is needed to identify and protect environmentally sensitive areas that are damaged during the personal use fishery. These areas include riverbank, a tidal estuary, wetlands, and sand dunes. Pedestrian Barrier The City of Kenai has installed over 4,000 lineal feet of pedestrian barrier fence to minimize pedestrian traffic, ATV traffic and four -wheel drive vehicular traffic from sand dunes and bird nesting areas on the north shore. Construction of an additional 1,200 lineal feet of pedestrian fence comprised of 6'x6 "x8' All- Weather Wood (AWW) posts and two strands of galvanized 3/8" chain will protect an upland area consisting of grasses, bird nesting areas, and other habitat b. Provide all additional funding beyond 5150,000. c. Meet periodically with ADF &G. d. Maintain a separate set of accounting records for this project and retain these records for a period of three years from the termination of the agreement. These records shall be made available to the state for audit purposes. IV. BUDGET The total amount of this agreement is not to exceed $150,000.00. The ADF &G will contribute funds in accordance with the following budget. The City will be reimbursed upon submission of approved billings and completion of all required reports Pre -Cast Double Vault Restroom $70,000.00 Pedestrian Walkway Improvements $48,000.00 Permanent Signage $8,000.00 Pedestrian Barrier $24,000.00 Total $150,000.00 V. IT IS MUTUALLY AGREED THAT 1. Nothing in this agreement shall obligate any party in the expenditure of funds, or for future payments of money, in excess of appropriations authorized by law. 2. Each party agrees that it will be responsible for its own acts and omissions including those of its officers, agents, and employees, and each party shall indemnify, defend and hold harmless the other, to the maximum extent allowed by law, from any claim of, or liability for error, omission or negligent act of whatever kind, including attomey fees, for damages to property or injury to persons occasioned by each party's own acts or omissions in connection with the terms of this agreement. 3. Both parties agree to comply with all applicable federal or State laws regulating ethical conduct of public officers and employees. 4. Each party will comply with all applicable laws, regulations, and executive orders relative to Equal Employment Opportunity. 5. Nothing herein is intended to conflict with federal, state, or local laws or regulations. If there are conflicts, this agreement will be amended at the first opportunity to bring it into conformance with conflicting laws or regulations. 6. Policy and position announcements relating specifically to this cooperative program may be made only by mutual consent of the agencies. 7. The effective date of this agreement shall be from the date of the final signature. 8. The termination date of this agreement shall be June 30, 2011. However, either party may terminate its participation in this agreement by providing to the other party notice in writing 30 days in advance of the date on which its termination becomes effective. 9. The City and any agents or employees act in an independent capacity and not as officers, employees, or agents of the State in performance under this agreement. 10. This agreement is governed by the laws of the State of Alaska. By signature, all parties acknowledge this governance and waive any and all implied or expressed sovereignty All actions concerning this agreement shall be brought in the Superior Court of the State of Alaska. 11. This agreement may be amended by mutual written consent of the parties. 12. All parties shall provide and maintain, for all employees engaged in work under this agreement, workers' compensation insurance coverage as required by AS 23.30.045, and where applicable, any other statutory obligations including but not limited to Federal U.S. L. &H. and Jones Act requirements. 21. SIGNATURES: For the City of Kenai Rick R Koch City Manager For the Alaska Department of Fish and Game Date Charles 0. Swanton, Director Date Division of Sport Fish Tom Lawson, Director Date Division of Administrative Services N h Rfr of KENAI, ALASKA MEMO: Village with a Past, Gc with a Future" TO: City Council FROM: Rick Koch DATE: April 1, 2010 SUBJECT: Resolution 2010 -20, Cooperative Agreement with ADF &G The purpose of this correspondence is to recommend Council approval of a cooperative agreement between the Alaska Department and Fish Game (ADF&G) and the City of Kenai. The proposed agreement provides for ADF &G to reimburse the City for expenditures to construct vaulted toilets on Kenai Avenue, improve the Meeks Trail pedestrian pathway, replace the Meeks Trail pedestrian bridge, provide permanent signage in the north shore area, and to construct additional barrier fencing to protect habitat to the west of the City wastewater treatment plant. There is not a match requirement for this cooperative agreement. If you have any questions please contact me at your convenience. 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 FAX: 907 283 -3014 1992 ALASKA DEPARTMENT OF FISH AND GAME DIVISION OF SPORT FISH P.O. BOX 115526 JUNEAU, ALASKA 99811 -5526 I. PURPOSE OF THE AGREEMENT The ADF &G does hereby agree: COOPERATIVE AGREEMENT COOP -10 -096 between the and the CITY OF KENAI 210 FIDALGO AVENUE KENAI, ALASKA 99611 -7794 for KENAI RIVER PERSONAL USE FISHERY NORTH SHORE FISHERY SUPPORT IMPROVEMENTS This memorandum of understanding is made and entered into between the Alaska Department of Fish and Game, Division of Sport Fish, hereinafter referred to as the ADF &G and the City of Kenai, hereinafter referred to as the City. ADF &G enters into this agreement under the authority of state statutes AS 16.05.050(12). To enhance the existing support facilities for the personal use fishery on the north shore of the mouth of the Kenai River. II. COVENANTS OF THE ALASKA DEPARTMENT OF FISH AND GAME a. Reimburse the City for accomplishing the purpose(s) of this agreement in an amount not to exceed $150,000.00. The City will be reimbursed only for the cost of work it has actually completed (as described in Section III.) and which ADF &G has approved. Reimbursement will be made within 30 days of receipt and approval, by ADF &G, of a request for reimbursement. All requests for reimbursement shall be adequately documented. Documentation may include copies of materials invoices, payroll ledgers, equipment logs, contract payments, etc. b. Meet periodically with the City and provide overall program development and planning assistance. c. Perform a final inspection of the completed project(s) to verify compliance with this agreement. III. COVENANTS OF' THE CITY OF KENAI The City does hereby agree: a. Implement, maintain and assume ownership /responsibility for the following improvements: Pre -Cast Double Vault Restroom During the personal use fishery the City of Kenai rents and maintains eight (8) portable toilets at the end of Kenai Avenue. During weekends the portable toilets must be pumped and serviced up to twelve (12) times daily. The installation of two double toilets, each with 2,000 gallons of storage capacity will significantly reduce by a factor of fifty (50) the number of times the facilities must be pumped per weekend. Pedestrian Walkway Improvements A large volume of foot traffic accesses the north shore to participate in the personal use fishery utilizing a pedestrian pathway from Old Town Kenai. The construction of trail improvements would increase capacity and make it easier to carry /pull equipment such as coolers, chairs, nets, etc. Permanent Signage Signage is needed to identify and protect environmentally sensitive areas that are damaged during the personal use fishery. These areas include riverbank, a tidal estuary, wetlands, and sand dunes. Pedestrian Barrier The City of Kenai has installed over 4,000 lineal feet of pedestrian barrier fence to minimize pedestrian traffic, ATV traffic and four -wheel drive vehicular traffic from sand dunes and bird nesting areas on the north shore. Construction of an additional 1,200 lineal feet of pedestrian fence comprised of 6 "x6 "x8' All- Weather Wood (AWW) posts and two strands of galvanized 3/8" chain will protect an upland area consisting of grasses, bird nesting areas, and other habitat b. Provide all additional funding beyond $150,000. c. Meet periodically with ADF &G. d. Maintain a separate set of accounting records for this project and retain these records for a period of three years from the termination of the agreement. These records shall be made available to the state for audit purposes. IV. BUDGET The total amount of this agreement is not to exceed $150,000.00. The ADF &G will contribute funds in accordance with the following budget. The City will be reimbursed upon submission of approved billings and completion of all required reports Pre -Cast Double Vault Restroom $70,000.00 Pedestrian Walkway Improvements $48,000.00 Permanent Signage $8,000.00 Pedestrian Barrier $24,000.00 Total $150,000.00 V. IT IS MUTUALLY AGREED THAT 1. Nothing in this agreement shall obligate any party in the expenditure of funds, or for future payments of money, in excess of appropriations authorized by law. 2. Each party agrees that it will be responsible for its own acts and omissions including those of its officers, agents, and employees, and each party shall indemnify, defend and hold harmless the other, to the maximum extent allowed by law, from any claim of, or liability for error, omission or negligent act of whatever kind, including attorney fees, for damages to property or injury to persons occasioned by each party's own acts or omissions in connection with the terms of this agreement. 3. Both parties agree to comply with all applicable federal or State laws regulating ethical conduct of public officers and employees. 4. Each party will comply with all applicable laws, regulations, and executive orders relative to Equal Employment Opportunity. 5. Nothing herein is intended to conflict with federal, state, or local laws or regulations. If there are conflicts, this agreement will be amended at the first opportunity to bring it into conformance with conflicting laws or regulations. 6. Policy and position announcements relating specifically to this cooperative program may be made only by mutual consent of the agencies. 7. The effective date of this agreement shall be from the date of the final signature. 8. The termination date of this agreement shall be June 30, 2011. However, either party may terminate its participation in this agreement by providing to the other party notice in writing 30 days in advance of the date on which its termination becomes effective. 9. The City and any agents or employees act in an independent capacity and not as officers, employees, or agents of the State in performance under this agreement. 10. This agreement is govemed by the laws of the State of Alaska. By signature, all parties acknowledge this governance and waive any and all implied or expressed sovereignty. All actions concerning this agreement shall be brought in the Superior Court of the State of Alaska. 11. This agreement may be amended by mutual written consent of the parties. 12. All parties shall provide and maintain, for all employees engaged in work under this agreement, workers' compensation insurance coverage as required by AS 23.30.045, and where applicable, any other statutory obligations including but not limited to Federal U.S. L. &H. and Jones Act requirements. 21. SIGNATURES: For the City of Kenai Rick R. Koch City Manager For the Alaska Department of Fish and Game Date Charles Q. Swanton, Director Date Division of Sport Fish Tom Lawson, Director Date Division of Administrative Services KENAI, ALASKA N/ MEMO: Village with a Past, Gc with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 mi Telephone: 907- 283 -7535 FAX: 907 283 -3014 iI II 1992 TO: City Council FROM: Rick Koch DATE: April 1, 2010 SUBJECT: Resolution 2010 -20, Cooperative Agreement with ADF &G The purpose of this correspondence is to recommend Council approval of a cooperative agreement between the Alaska Department and Fish Game (ADF &G) and the City of Kenai. The proposed agreement provides for ADF &G to reimburse the City for expenditures to construct vaulted toilets on Kenai Avenue, improve the Meeks Trail pedestrian pathway, replace the Meeks Trail pedestrian bridge, provide permanent signage in the north shore area, and to construct additional barrier fencing to protect habitat to the west of the City wastewater treatment plant. There is not a match requirement for this cooperative agreement. If you have any questions please contact me at your convenience.