1990 Local Response Project Grant Agreement - Exxon Valdez,
GRANT AGREEMENT
THE STATE OF ALASKA
AND
THE KODIAK ISLAND BOROUGH
LOCAL RESPONSE PROJECT
1. PURPOSE
The purpose of this grant is to facilitate a coordinated and effective response
to the oil spill from the T/V Exxon Valdez. The oil spill has posed and
continues to pose an imminent and substantial threat to the public health,
safety, and welfare of the people of the Kodiak Island Borough and their
environment. Further cleanup measures are necessary during the winter of
1989-90 to reduce the threat.
2. AMOUNT AND SCOPE
The State will grant to the Borough a sum in the amount of up to two
million sixty thousand dollars ($2,060,000) for actual expenses incurred by
the Borough in performing the following response activities:
a safety planning, training and implementation;
b. beach cleanup using Type A techniques;
C. coordination of Kodiak Island community spill response
activity; and
d. administration and overhead.
Type A treatment is defined as removal of surface oil and oily debris by
manual means (hands, rakes, and shovels) by placing contaminated materials
in containers prior to removal from the shoreline. No mechanized
equipment may be used, with the exception of all -terrain vehicles, unless
approved otherwise.
This agreement excludes reimbursement for regularly scheduled Borough
employee time.
& GRANT TINM PERIOD
This grant is effective on the date of signature by both parties. The Borough
may carry out field activities under the terms of this grant through May 31,
1990. Accounting and auditing will be completed no later than September
30, 1990. This grant terminates on September 30, 1990 at which time no
more money will be disbursed.
4. SAFETY
The Borough shall be responsible for insuring that response activities are
conducted in a safe manner in accordance with all applicable safety and
health regulations as are required by the Department of Labor. The
Department of Labor contact is:
Stan Godsoe, Chief of Consultation & Training
Dept. of Labor
3301 Eagle Street, Anchorage, AK 99510-7022
Phone: (907) 264-2597
5. COORDINATION
A. The Borough agrees to fully coordinate all local response projects with
any activities being conducted by other entities to avoid unnecessary
duplication.
B. The Borough agrees to present for review each cleanup activity at a
specific location to the Kodiak Island Shoreline Committee, the Office
of History and Archaeology in the Department of Natural Resources,
and the Coast Guard before commencing activities.
The Borough agrees to participate in person or telephonically in
operating committee meetings which coordinate oil spill response
among the State, the U.S. Coast Guard, and/or Ekon Shipping
Company.
C. The Borough agrees to obtain all necessary permits and approvals
for each cleanup activity before commencing the activity.
D. The Borough will submit to the Department of Labor a site safety
and health plan in compliance with Subchapter 10 of 8 AAC 61.010.
The Borough will designate a lead person for safety and health.
E. The Borough will notify the Department of Environmental
Conservation (DEC) when and where actual beach cleanup is going to
be performed.
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6. PROTECTION OF CULTURAL RESOURCES
The protection of cultural resources (historic and prehistoric sites and
artifacts) is an important consideration in conducting cleanup activities.
These resources must not be disturbed and they must be left in place where
they are found.
All workers engaged in field cleanup activities are required to attend a
cultural resources protection orientation workshop to be presented by staff
of the State Office of History and Archaeology.
Work is permitted only on shoreline segments which have been surveyed for
cultural resource sensitivity. This has already been accomplished by Exxon's
Shore Cleanup Assessment Teams (SCAT) for most areas. Information on
segments already approved for Type A cleanup (i.e. segments examined by
SCAT and found not to be culturally sensitive) will be provided by the Office
of History and Archaeology upon request for each community. Work on
segments which have not been examined by Exxon/SCAT must be reviewed
and approved by a representative of the Office of History and Archaeology,
and may require an archaeological field assessment prior to the
commencement of cleanup activities. Archaeological constraints must be
adhered to by the cleanup crews.
If previously undiscovered cultural materials are found during cleanup
activities, work on that portion of the segment must cease and the State
Office of Department of Natural Resources Response Office or Chuck Holmes
(762-2622) must be contacted.
7. CANCELLATION
The Borough acknowledges the right of the State to rescind this grant and
seek recovery of payments already made if the Borough has provided
incorrect or misleading information to the State or if an agreement or
condition contained herein is violated. This grant may be terminated by
either party upon ten days notice.
S. WORKERS' COMPENSATION INSURANCE
The Borough shall maintain in effect during the period of the grant a valid
certificate of workers' compensation insurance coverage for employees
engaged in activities under this grant. Workers' compensation benefits will
be payable by the State under AS 23.30.244 in respect of injury or death of
an authorized volunteer arising out of and in the course of an authorized
volunteer's engagement by the Borough in direct disaster relief activities
under this grant.
3
The Borough agrees to maintain a roster of authorized volunteers engaged
by the Borough under this grant. The roster shall contain the name,
address, social security number, and birth date of each authorized volunteer,
and specify the oil spill response activity in which each volunteer is engaged
by the Borough. The roster shall be submitted to the Division of Risk
Management, Department of Administration, within ten (10) days of
beginning of field activities and an up to date roster shall be submitted every
thirty (30) days thereafter for the duration of the grant.
The Borough shall fulfill all duties and obligations under AS 23.30.065 and
AS 23.30.070 with respect to said volunteers and shall notify the Division of
Risk Management within ten (10) days of knowledge of any injury or illness
of a volunteer arising out of and in the course of the volunteer's engagement
under this grant.
9. PAYMENT SCHEDULE
The payment schedule is as follows:
A. A first monthly advance up to $400,000 will be made upon receipt by
the State of the agreement signed by the Borough.
B. At the end of each month. the Borough will be reimbursed for
expenditures of that month.
C. Payment for the final month of May will be made after receipt of final
expenditure invoice. Ten percent of the final pay request will be
withheld until receipt of the audit report as described in condition
#10 of this grant.
Requests for reimbursement must be provided in a form acceptable to the
State and must include documentation and justification of costs incurred.
Two sets of the request for reimbursement need to be sent to the State.
The State will review requests for payment and approve those determined
to be consistent with this grant.
10. DOCUMENTATION
Documentation of costs incurred must be consistent with generally accepted
accounting practices and sufficient to present in a court of law if necessary.
The Borough agrees to maintain project accounts and records supporting all
costs incurred. These accounts and records must be kept separate from
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other accounts. The Borough shall allow the State to review the project
accounts and records upon demand. Costs shall be maintained and reported
based on spill response activity categories as outlined in item 2 above.
Adequate records include contracts, invoices, original checks, properly
approved timesheets, documented purchase and hiring methods, and field
notes.
All expenditures will be audited at the end of the project. The Borough
agrees to enter into a contractual relationship with an auditing firm to audit
and make a final accounting of money spent by the Borough under the terms
of this grant. This audit will also document that there was no duplication of
payments from other sources.
The Borough will handle documentation with a proper chain of custody
record. Any documentation of field activities including log notes and any
photographs or other documentation shall be provided to the State upon
request. Team leaders in field activities shall keep daily field log notes.
The Borough also agrees to submit monthly progress reports. The progress
reports will be sent to the State no later than the 10th of the following
month. Failure to make monthly reports will be a basis to stop payment to
the Borough.
IL L RESPONSIBILITY
Management of costs and direct management and supervision of all portions
of this grant are the responsibility of the Borough.
m,Oe �Ap-m" is designated as the project officer -for the
Boro
Dated: By:
By:--- i
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tate of
Dated: �z1 r By -
--------------------------
Je a Selby
Mayor
Kodiak Island Borough
5
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DEPT. OF ENVIRONMENTAL CONSERVATION
OFFICE OF THE COMMISSIONER
P.O. BOX 0, JUNEAU, AK 99811-1800
The Honorable Jerome
Kodiak Island Borough
710 Mill Bay Road
Kodiak, AK 99615
Dear Mayor Selby:
February 5, 1990
Selby, Mayor
C90 -0oi
STEVE CO... W COMM VOR
Telephone:
465-2600
b- f- V E I V E4_ '-
FEB 1 3 90
KODIAK ISLAND BOROUGn
MAYOR'S OFFICE 0o
On January 18, 1990 I signed and transmitted to you an agreement
between the Kodiak Island Borough and the Department of
Environmental Conservation. This agreement was for the execution
of a local response project, a component of the State's winter
plan in response to the oil spill from the T/V Exxon Valdez.
With this letter I am amending that agreement. The last
paragraph on page 6 under the Documentation section is replaced
with the following paragraph:
"All expenditures will be audited at the end of the project.
The Borough agrees to enter into a contractual relationship
with an auditing firm approved by the Department to audit
and make a final accounting of money spent by the Borough
under the terms of this agreement. This audit will also
document that there was no duplication of payments from
other sources. The Department will delay reimbursing the
Borough for the activities carried out during the latter
part of this project. The Department will reimburse the
Borough up to $1,560,000 and will delay payment on the final
$500,000 until receipt of documentation as described in the
above paragraph. Upon receipt of the final audit report the
Borough will be reimbursed consistent with the terms of this
agreement."
With a copy of this letter, I am requesting my staff to make
review and processing of your pay requests a priority item. When
the checks process, we will make a direct deposit into your
account at the local branch of the National Bank of Alaska.
Jerome Selby -2- February 5, 1990
If you concur with this amendment, please sign below and return
the original to me.
Sincerely,
Kelso
Commissioner
cc: Gary Hayden
Mark Thorson
Barbara Frank
Concur with Amendment:r
Ma r Date
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Mayor Jerome Selby
Kodiak Inland Borough,
710 Mill Hay Road
Kodiak, Alaska 99615
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September 12, 1990
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