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Contract No. 1991-06c9r.,~Cr, ( -~ 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. fiction on and acilities 1 ~~"' I C 9i-D 6 ' j 1 -. I -z ^r ~~ ~ ~~~~ I(Z~i~~ _ ~~~ ~~C`~~~t~ ~ WALTfR/. NICKEL, GOVERNOR DEPARTMENT OF TRANSPORTATI ON AND PUBLIC FACILITIES i ~ ' P.O. BOX 196900 ~ ANCHORAGE, ALASKA 99579fi900 "'"~'~ '®=. ~s.~----- REG/ONAL D/RECTOR, CENTRAL REG/ON ' (FAX 248-9687) (907)266-1440 MRR ~ 6 9a ,~ ~. ~; ISLAr.~D CSC^'-,~ ~,.. ., ~nAYbR'~ n~FIG' 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 /kkk RECEIVED YpH 0 1 91 KODIAK ISLAND BOROUGH i CLERK'S OFFICE ~, - _, _. w ! ~ 4 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. t '~ l ! i 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 -t ~ ~ ~ r~ 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 ~ .. ~ ~~ t 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 \\\ t~~c ~~i~_ Z Da e a i3-g~ 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. f I 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 Page 1 of 2 __ i a PASSED AND APPROVED THIS 7th DAY OF FEBRUARY, 1991. KODIAK ISLAND BOROUGH Boro Mayor ~ _~ P esi irk Offl~.er _, ATTEST: ~~ ~ ~ICIuF.P,~-a...r ~rou~ ler~' ,. Kodiak Island Borough, Alaska Resolution No. 91-OS Page 2 of 2