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HomeMy WebLinkAboutResolution No. 2015-25t{�e city KEN \vim SKp Suggested by: Administration CITY OF KENAI RESOLUTION NO. 2015 -25 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, TO AUTHORIZE THE CITY MANAGER TO RENEW THE MEMORANDUM OF UNDERSTANDING (MOU) FOR THE KENAI WATERSHED FORUM SAMPLING (A.K.A. AGENCY BASELINE) PROJECT. WHEREAS, the Kenai Watershed Forum has conducted baseline water quality monitoring beginning in 2000; and, WHEREAS, the data collected and analysis performed, have resulted in science based decision - making affecting the Kenai River; and, WHEREAS, continued collection of base -line monitoring data is important and necessary to safeguard the health of the Kenai River. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the Council authorizes the City Manager to renew the Memorandum of Understanding (MOU) for the Kenai Watershed Forum Sampling (a.k.a. Agency Baseline) Project. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 6th day of May, 2015. PAT PORTER, MAYOR ATT 'T', r Sandy odigh, Citq Clerk u "'Villav with a Past, City with a Future" MEMO: TO: City Council FROM: Rick Koch DATE: April 30, 2015 SUBJECT: Resolution 2015 -25 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 illlli 1992 The purpose of this correspondence is to respectfully request the Kenai City Council adopt the above referenced resolution. The Kenai Watershed Forum has performed baseline water quality sampling in the Kenai River since 2000. The data collected from this activity has been useful in the decision - making processes affecting the Kenai River. Most notably this information was instrumental to the process that resulted in the removal of two- stroke engines from the Kenai, thus eliminating elevated levels of hydrocarbons from the water column. Future decisions, such as the turbidity level and levels of total suspended solids, will be greatly benefitted by data collected under this project. Thank you for your attention in this matter. MEMORANDUM OF UNDERSTANDING March 2015 BETWEEN ALASKA DEPARTMENT OF ENVIRONMENTAL CONSERVATION AND ALASKA DEPARTMENT OF FISH AND GAME AND ALASKA DEPARTMENT OF NATURAL RESOURCES AND ANALYTICA, INC. AND CITY OF KENAI AND CITY OF SOLDOTNA AND COOK INLET AQUACULTURE ASSOCIATION AND THE KENAI PENINSULA BOROUGH AND THE KENAITZE INDIAN TRIBE AND THE KENAI WATERSHED FORUM AND U.S. FISH AND WILDLIFE SERVICE, ALASKA REGION AND U.S. FOREST SERVICE, CHUGACH NATIOINAL FOREST This Memorandum of Understanding between the above - listed parties, hereinafter referred to as Agencies /Organizations, reflects the general policy guidelines within which the Agencies /Organizations agree to operate in relation to the "Kenai River Watershed Water Quality Monitoring Program ", hereinafter referred to as the WQ Program. WHEREAS, Water quality monitoring was identified in the "Kenai River Comprehensive Management Plan" adopted December 1997 as an important component to the management of the Kenai River and its health, and WHEREAS, The goal of the 1998 Framework for Water Quality Monitoring of the Kenai River is to provide a water quality monitoring strategy to ensure the environmental integrity of the Kenai River Watershed, and WHEREAS, Water quality monitoring began in 2000, resulting in data being collected under the WQ Program for 14 years, and WHEREAS, The water quality data collected under this program has been used to establish baseline conditions, conduct ongoing water quality trend analysis for numerous streams in the Kenai River Watershed and to prepare two water quality reports summarizing all data, trends and management implications, and WHEREAS, The data from this program have been used to identify problems in the Kenai River, and these problems have been addressed and resolved, maintaining the health and integrity of the Kenai River, and WHEREAS, Water quality data from this program have been collected under a Alaska Department of Environmental Conservation approved Quality Assurance Project Plan, and WHEREAS, The data collected under this project are in the public domain and available to the public, which fosters agency and community understanding of the current and future conditions of the Kenai River, and WHEREAS, The City of Soldotna, through its staff and facilities at the Wastewater Treatment Plant, has donated services to assist in analysis of Kenai River water samples, and WHEREAS, Analytica Inc. has donated a variable discount rate, based on the number of samples being analyzed and not to exceed 30 %, for the analysis of Kenai River Watershed water samples and technical assistance in the design and implementation of the monitoring program, and WHEREAS, The Kenai National Wildlife Refuge has a congressionally established legal purpose to protect the water quality of the Refuge, and WHEREAS, Local, State and Federal Agencies, and non - governmental organizations party to this Memorandum of Understanding recognize the Kenai River to be important to the human and ecological community of the central Kenai Peninsula, and WHEREAS, There is a benefit to collecting water quality information for improving the understanding of the Kenai River Watershed, and WHEREAS, There are benefits in coordinating efforts for the planning, collection, analysis, management and presentation of water quality data, and WHEREAS, The previous Memorandum of Understanding for the Kenai River Water Quality Monitoring Program signed in 2010 has expired. NOW, THEREFORE, THE PARTIES DO HEREBY AGREE AS FOLLOWS: 1. To work cooperatively to facilitate a long -term Water Quality Monitoring Program for the Kenai River Watershed. 2. To support the collection and analysis of water samples for the Kenai River Watershed Waters Quality sampling effort through funding, in -kind services or other mechanisms to the degree allowed by normal planning and budget constraints and to the extent allowable by applicable laws, regulations and policies. 3. Public access to Memorandum of Understanding must not be limited, except when such records must be kept confidential and would have been exempted from disclosure pursuant to Freedom of Information regulations IS U.S.C. 552). 4. Modifications within the scope of this Memorandum of Understanding must be made by mutual consent of the parties, by the issuance of a written modification signed and dated by all properly authorized, signatory officials, prior to any changes being performed. Request for the modification should be made, in writing, at least 30 days prior to implementation of the requested change. 5. Any of the parties, in writing, may terminate this Memorandum of Understanding in whole, or in part, at any time before the date of expiration. 6. The parties to this Memorandum of Understanding agree to be responsible for damages to their own property and injuries to their own employees /volunteers, except for damage /injuries resulting from the fault or negligence of the other party. Any claim for damage to property or persons made against the Government will be pursued in accordance with the provision of the Federal Tort Claims Act. 7. No member of, or Delegate to, Congress shall be admitted to any share or part of this Memorandum of Understanding, or any benefits that may arise there from; but this provision shall not be construed to extend to this agreement if made a corporation for its general benefit. 8. To acknowledge that this Memorandum of Understanding does not: A. Limit agencies, local governments, tribes or organizations in the collection or use of data for purposes other than that of the cooperative effort; B. Authorize any of the parties to obligate or transfer funds. Specific projects or activities that involve the transfer of funds, services, or property among the parties require execution of separate agreements and are contingent upon the availability of appropriated funds. C. Intend to conflict with federal, state, or local laws or regulations, with an understanding if there are conflicts, this agreement will be amended at the first opportunity to bring it into conformance with applicable laws or regulations; and D. Intend to enlarge or diminish the responsibilities or statutory authority of any of the signatories or any other party over the management of water or its resources within the Kenai River drainage. This Memorandum of Understanding will be effective through December 31 ", 2019, at which time all parties will reevaluate the need and desire to enter into any subsequent understanding. Once all parties have signed and returned the Memorandum of Understanding, each party will receive a copy of the signatory pages. By signature below, each party certifies that the individual listed in the individual parties are authorized to act in their respective areas for matters related to this Memorandum of Understanding. In witness whereof, the parties hereto have executed this Memorandum of Understanding as of the last date written below. Signed Title Kenai City Manager Name Agency/ Organization City of Kenai Printed Rick R. Koch Date May 6, 2015 Name SIGNATURE PAGE, INCLUDES: - Commissioner, Alaska Department of Environmental Conservation - Commissioner, Alaska Department of Fish and Game - Commissioner, Alaska Department of Natural Resources - Principal, Analytica, Inc. - Mayor, City of Kenai - Mayor, City of Soldotna - Executive Director, Cook Inlet Aquaculture Association - Mayor, Kenai Peninsula Borough - Executive Director, Kenaitze Indian Tribe - Executive Director, Kenai Watershed Forum - Alaska Regional Director, U.S. Fish and Wildlife Service - Forest Supervisor, Chugach National Forest APPROVED BY COUNCIL Date: (PI � II ��"