Contract No. 1991-06c9r.,~Cr,
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PROJECT NAME: Kodiak
Island Borough
PROJECT NUMBER: 59135
DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES
AMENDMENT NO. 1
TO THE
TRANSFER OF RESPONSIBILITIES AGREEMENT
AND THE
Kodiak Island Borough
The Transfer of Responsibilities Agreement, effective the 13TH day
of February, 1991, between the State of Alaska Department of
Transportation and Public Facilities and the Kodiak Island Borough
providing matching funds for Ouzinkie Harbor development is hereby
amended as follows:
By execution of this Amendment, the Municipality hereby agrees
that it has been paid in full by the State in the amount of
eighteen thousand dollars ($18,000.00) and that this figure
represents the final funding level for this project and
Agreement.
The Municipality further agrees and certifies that the project
scope, as originally written or as may have been subsequently
amended by written mutual agreement of both parties, has been
completed in full by the terms of said Agreement and/or
Amendment.
The State hereby agrees that it accepts the project as
described in Appendix A to the Agreement, or as may have been
subsequently amended by mutual agreement of both parties.
In witness whereof, the parties hereto have exec
No. 1, to the Agreement as of th ~{, d~y of
antee Signat Titl Director, De
Department c
Public
this Amendment
1991.
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~~~ ~~C`~~~t~ ~ WALTfR/. NICKEL, GOVERNOR
DEPARTMENT OF TRANSPORTATI ON AND PUBLIC FACILITIES i
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~ ANCHORAGE, ALASKA 99579fi900
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March 1, 1991
RE: Kodiak Island Borough
Ouzinkie Study
Project 59135
Mr. Jerome M. Selby, Mayor
Kodiak Island Borough
710 Mill Bay Road
Kodiak, Alaska 99616
Dear Mr. Selby:
Enclosed is a fully executed copy of the Transfer of Responsibility
Agreement for the Ouzinkie Harbor Study.
Thank you for your assistance with this project.
Sincerely,
~.~~~11
Marg ret E. Holland
Gran P gram Coordinator
Enclosure
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RECEIVED
YpH 0 1 91
KODIAK ISLAND BOROUGH i
CLERK'S OFFICE
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PROJECT NAME: Kodiak Island Borough
Ouzinkie Study
TRANSFER OF RESPOivSIBILITIES AGREEMENT
BETWEEN
THE STATE OF ALASKA DEPARTMENT OF
TRANSPORTATION AND PUBLIC FACILITIES
AND
THE KODIAK ISLAND BOROUGH
This Agreement, effective upon execution by the State of Alaska,
Department of Transportation and Public Facilities (hereinafter
called the State) and the Kodiak Island Borough (hereinafter called
the Municipality). The State and the Municipality are entering
into this Agreement pursuant to AS 35.15.080 et.seq. and any
regulations promulgated thereunder.
The Municipality's coordinator for this agreement is j ,~,~.<nl ~lG~
The State's coordinator for this Agreement is Margaret E. HollandS
Each party agrees to notify the other party of any change in the
coordinator. Whereas funds have been appropriated by the
Legislature, under Chapter 208 /SLA 90. Page 63, Line 20, for the
project described in Appendix A of this Agreement and whereas the
Municipality has submitted a resolution to the State requesting
that the Municipality be allowed to assume all responsibility for
the planning and construction of the project described in Appendix
A (hereinafter also referred to as "the project"), the parties
mutually agree as follows:
1. The Municipality agrees to assume all responsibilities for the
project described in Appendix A which is hereby incorporated
and made a part of this Agreement.
2. The Municipality agrees to comply with all applicable codes,
statues, and regulations of the State of Alaska.
3. The State agrees to transfer the funds appropriated by the
Legislature for the project to a special account in the State
Treasury. Special account funding for the Municipality shall
not exceed a total of Eighteen Thousand Dollars ($18,000.00).
The State and the Municipality agree that any costs for this
project in excess of the above amount are the responsibility
of the Municipality.
4. The procedure to be followed by the Municipality in drawing
on the special account referred to in Paragraph 3 are set out
in Appendix B which is hereby incorporated and made a part of
this Agreement.
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PROJECT NAME: Kodiak Island Borough
Ouzinkie Studv
5. The Municipality agrees to indemnify and hold harmless the
State of Alaska and its agents and employees from and against
any and all claims, damages, losses, and expenses arising out
of the Municipality's assumption of the responsibilities for
the for the project set forth and described in Appendix A.
6. In the event the Municipality hires a consultant to perform
any or all of the services detailed in Appendix A, the
Municipality shall forward to the State copies of the final
professional services contract documents, including the scope
of services to be performed. If anything in these documents
is determined to be in conflict with the project described in
Appendix A or is found to be in violation of any statue, code,
or regulation, the Municipality will be notified that further
progress payments of project funds are in jeopardy and will
not be paid by the State until those conflicting aspects are
corrected.
7. The Municipality shall submit a quarterly status and
expenditure report to the State. The first report shall be
due three months after receipt by the Municipality of the
fully executed Agreement, and subsequent reports shall be due
every three months thereafter until project completion. (N/A
one time payment)
8. The Municipality shall forward to the State a copy of all
final products, reports, and documents produced in the
performance of the project.
9. The Municipality, upon completion of the project, shall
provide the State with the final expenditure report, certified
by the Municipality, of all costs incurred in the
accomplishment of the project.
10. The Municipality recognizes that 002 AAC 45.010 establishes
specific audit requirements for agreements executed after
August 1, 1985. The Municipality agrees to be immediately
subject to the audit requirements as set for the in the Alaska
Administrative Code 02 AAC 45.010. The State retains the
right to audit the project any time within three (3) years
upon written notice to the Municipality. All project records
shall be maintained by the Municipality for three (3) years
after the date of project acceptance.
11. Within sixty (60) days of the issuance of the final audit
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PROJECT NAME: Kodiak Island Borouqh
Ouzinkie Study
repuif to the State or sixty (60) days after acceptance by
the State that the Municipality has met the requirements of
this Agreement, the Municipality will return the full amount
of the grant, less legitimate project expenses, to the State
of Alaska.
12. If, through any cause, the Municipality shall fail to fulfill
in a timely and proper manner its obligations under this
Agreement, or if the Municipality shall violate any of the
covenants or stipulations of this Agreement and if, after
notification by the State of such failure or violation, the
Municipality fails to take proper corrective action within a
reasonable time, the State shall thereupon have the right to
terminate this Agreement by giving written notice to the
Municipality of such termination and specifying the effective
date thereof. Such notice shall be given at least fifteen
(15) days before effective date of such termination. In that
event, all finished or unfinished documents, data, studies,
surveys, drawings, maps, models, photographs, reports,
construction materials and any construction completed by the
Municipality under the Agreement shall, at the option of the
State, become the State's property and the Municipality shall
be entitled to receive just and equitable compensation for any
satisfactory work completed. Notwithstanding the above, the
Municipality shall not be relieved of any liability to the
State for damages sustained by the State by virtue of any
breach of the Agreement by the Municipality, and the State may
withhold any payments to the Municipality for the purpose of
setoff until such time as the exact amount of damages due the
State from the grantee is determined.
13. The municipality may appeal, to the Commissioner of the
Department of Transportation and Public Facilities the State's
determination that the Municipality is in violation of this
contract or that it has failed to fulfill its responsibilities
in a timely and proper manner. Such an appeal must be made
within ten (10) days of the date the Municipality is notified
od the State's decision to terminate the contract. Pending
resolution of the appeal, no work will proceed on the project.
The Commissioner's decision shall be final.
14. If, due to changed circumstances, the State or the
Municipality wishes to terminate this Agreement prior to its
completion, the initiating party shall notify the other party
in writing of its reasons for requesting the early
termination. This request must be made at least fifteen (15)
days prior to the proposed termination date. If both parties
PROJECT NAME: Kodiak Island Borough
Ouzinkie Study
agree that it is in tl~elr mutual best interest to terminate
this Agreement early, all finished or unfinished documents and
other materials as described in Paragraph 16 above shall, at
the option of the State, become the State's property If the
Agreement is terminated as provided herein, the Municipality
shall be reimbursed for those actual expenses not otherwise
reimbursed under this Agreement which were incurred by the
Municipality during the Agreement period and which are
directly attributable to the Municipality's performance of
this Agreement. The state shall also reimburse the
Municipality in honoring convenience termination clauses in
this Agreements with its contractors as long as these clauses
conform to the standard convenience termination clause used
by the State for similar type contracts.
15. This Agreement shall be governed by the laws of the State of
Alaska.
16. To the extent the Municipality shall comply, and shall require
compliance by any subcontractor, with all Federal, State and
local laws, regulations, and ordinances relating to civil
rights.
17. The Municipality shall ensure that none of the funds paid
under this Agreement will be used for the purposes of lobbying
activities before the Alaska State Legislature.
18. Unless changed by prior written notice, any notices required
by this Agreement must be sent to the following addresses:
STATE: Grant Administration Unit
Division of Design and Construction
Department of Transportation
and Public Facilities
P.O. Box 196900
Anchorage, Alaska 99519-6900
Municipality: Kodiak Island Borough
710 Mill Bay Road
Kodiak, Alaska 99615
19. The failure of the State to insist in any one or more
instances upon strict performance by the Municipality of any
provision or covenant in this agreement may not be considered
as a waiver or relinquishment of the provision or covenant for
the future. The waiver by the State of any provision or
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PROJECT NAME: Kodiak Island Borough
Ouzinkie Study
covenant in this Agreement cannot be enfo~~ed or relied upon
by the Municipality unless the waiver is in writing and signed
on behalf of the State.
20. This Agreement may be modified or amended by written Agreement
signed by both parties.
APPItOVP_LS
ed Signature tar~l~unicipality
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Da e
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gnature or State Director, Design and Date
n Construction, Central
IW11"Q~' Region
PROJECT NAME:
APPENDIX A
A. Scope of Work:
Kodiak Island Borough
Ouzinkie Study
Provide partial funding for the sponsor's share of the Corps.
of Engineers Ouzinkie Harbor Feasibility Study. State Payment
$18,000.00
n
PROJECT NAME: Kodiak Island Borough
Ouzinkie Study
APPENDIX B
Payment Schedule:
100 (18,000.00) will be paid automatically upon execution of
this Agreement.
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Introduced by: Mayor Selby
Requested by: Mayor Selby
Drafted by: Mayor Selby
Date: 02/07/91
Adopted: 02/07/91
KODIAK ISLAND BOROUGH
RESOLUTION NO. 91-05
A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY
ACCEPTING THE TRANSFER OF RESPONSIBILITY AGREEMENT
RELATED TO THE OUZINKIE HARBOR CORPS OF ENGINEERS
FEASIBILITY STUDY
WHEREAS, the Alaska State Legislature has appropriated funds for partial funding for
the Corps of Engineers Ouzinkie Harbor Feasibility Study; and
WHEREAS, the Corps of Engineers will determine the feasibility of constructing a
breakwater and small boat harbor to resolve the erosion control problem
and damage to the boats moored in the area; and
WHEREAS, the transfer of responsibility is essential to particularly reimburse the Kodiak
Island Borough, City of Ouzinkie and Ouzinkie Native Corporation for the
$24,000 that was sent to the Corps of Engineers in September 1990 for the
continuation of the project; and
WHEREAS, the State of Alaska, Department of Transportation and Public Facilities and
the Kodiak Island Borough are able to enter into aTransfer of Responsibility
Agreement pursuant to AS 35.15.080 et. seq. and any regulations
promulgated thereunder;
NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK
ISLAND BOROUGH THAT:
The Transfer of Responsibility Agreement is hereby accepted to particularly
reimburse the Kodiak Island Borough $9,000 and the City of Ouzinkie and Ouzinkie
Native Corporation $9,000 for the $24,000 previously sent to the Corps of Engineers to
ensure the successful completion of the Ouzinkie Harbor Corps of Engineers Feasibility
Study project.
Kodiak Island Borough, Alaska Resolution No. 91-05
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PASSED AND APPROVED THIS 7th DAY OF FEBRUARY, 1991.
KODIAK ISLAND BOROUGH
Boro Mayor
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P esi irk Offl~.er
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ATTEST:
~~ ~ ~ICIuF.P,~-a...r
~rou~ ler~' ,.
Kodiak Island Borough, Alaska Resolution No. 91-OS
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