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HomeMy WebLinkAboutResolution No. 2019-68Sponsored by : Administration CITY OF KENAI RESOLUTION NO. 2019-68 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, APPROVING A MEMORANDUM OF AGREEMENT BETWEEN THE U.S . FISH AND WILDLIFE SERVICE, ALASKA REGION , ALASKA STATE PARKS, AND THE CITY OF KENAI FOR A GATEWAY TO PUBLIC LANDS DISPLAY IN THE KENAI MUNICIPAL AIRPORT . WHEREAS, the U.S. Fish and Wildlife Service (USFWS), Alaska Region, and the Alaska State Parks, have requested the City to allow and jointly revitalize and produce an interpretive display in the Kenai Municipal Airport which was originally installed in 2004 ; and, WHEREAS, a Gateway to Public Lands Display will provide public awareness that the Kenai Airport is the Gateway to the Kenai Peninsula and Western Cook Inlet's State and Federal Public Lands; and, WHEREAS, the USFWS, State Parks and the City agree to continue their partnership of 15-years, for an additional 5 years; and, WHEREAS, at the Airport Commission meeting on October 10, 2019, the Airport Commission recommended the City Council approve the Memorandum of Agreement. NOW, THEREFORE , BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the City Manager is authorized to execute the attached Memorandum of Agreement with the U.S. Fish and Wildlife Service, Alaska Region, and the Alaska State Parks in the same or substantially same form as attached to this resolution. The City Manager is further authorized to approve an extension of the Agreement. Section 2. That this resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of October, 2019. ~ BRIAN GABRIEL, SR., MAYOR ATIEST: FWS Agreement #: KNA-19_0 1 Memorandum of Agreement (MOA) between U.S. Fish and Wildlife Service, Alaska Region l 011 East Tudor Road Anchorage, Alaska 99503-6199 And 1) City of Kenai (Kenai Municipal Airport) 2) Alaska State Parks This Memorandum of Agreement between the U.S. Department of Interior, U .S . Fish and Wildlife Service -Alaska Region (hereinafter referred to as the "USFWS") acting through the Regional National Wildlife Refuge Chief (hereinafter referred to as "Chief"), or their designee and City of Kenai (Kenai Municipal Airport) (hereinafter rcfened to as the "Airport") and Alaska State Parks (hereinafter "State Parks"). PURPOSE The purpose of this agreement is to allow the USFWS , State Parks, and the Airport to jointly produce the Gateway to Public Lands Display (hereinafter refened to as "Display") to be installed in the City of Kenai Municipal Airport in Kenai , Alaska. The display will provide travelers to Kenai with information on opportunities to learn about state and federal public lands that Kenai Municipal Airport serves as a Gateway to: Alaska State Parks, Kenai National Wildlife Refuge, Kenai Fjords National Park, Lake Clark National Park, Katmai National Park, Chugach National Forest, and the Alaska Department of Fish and Game Refuges. Objectives of the joint project are: • Use the opportunity during the current remodel of the Kenai Municipal Airport to build upon and revitalize a successful 15-year partnership and interpretive display at the Kenai Airport, which was installed in 2004. • Maintain and improve public awareness that the Kenai Municipal Airport is the gateway to the Kenai Peninsula and Western Cook Inle t's State and Federal public lands. • Show of partnership and combine efforts by working together to inform and educate all Alaskans and Americans about their public lands. • Provide public land neighbors with more information about their nearby publ ic lands . • Reach the a ir travel audiences that are not currently being addressed in Anchorage or Kenai airports. o E ncourage informed visitation and recreation on the Kenai Peninsula and Western Cook Inlet public lands th us fulfilling our respective agency missions for public enjoyment of their public lands. • Support and encourage learning about these public lands, their value and management issues . • Identi fy other sources of public lands information such as visitor and interpretive centers on the Kenai Peninsula. WITNESSETH: WHEREAS , it is the purpose of the USFWS to provide recreational opportunities within Service administrative units when compatible with the primary conservation objectives of such units, and WHEREAS , interpretive and educational material and programs enhance the appreciation of our nation's fish and wildlife resources and thereby encourage utilization of recreational opportunities provided on USFWS administrative units, and WHEREAS, the USFWS desires to promote interpretation, education, and wildlife-dependent recreation information and is one of the federal entities headquartered in Kenai Peninsula, Gateway to multiple state and federal public lands; WHEREAS, a mission of the Kenai Municipal Airport is to be the commercial air transportation gateway to the Kenai Peninsula Borough and West Cook Inlet. NOW THEREFORE. Pursuant to authority contained in the Act of October 15, 1966 (16 U.S.C. 460k- 2 ,4); and other laws supplementary thereto and amendatory thereof, and in consideration of the mutual benefits which will accrue to the USFWS and Airport, the parties agree as follows: I. AUTHORIZATON : The USFWS and the Airport agree to continue their partnership in offering public lands information to travelers in the Kenai Airport hereinafter described for a period of 5 years commencing on the date of last signature. IL AIRPORT, STATE PARKS, AND USFWS RESPONSIBILITIES: For the periods set forth above, the Airport, State Parks, and the USFWS will provide the necessary materials, services, facilities, funds and otherwise perform all things necessary for, or incidental to, the pe1formance of this agreement. It is mutually agreed as follows: the USFWS , State Parks , and the Airport will jointly support and sponsor a display on the public lands of the Kenai Peninsula and Western Cook Inlet, as provided below. !If. SCOPE OF WORK: A. Specifically, the USFWS shall: 1. Plan, manage, and provide coordination of public lands entities and any vendors to design, fabricate, and install a public lands display in the Kenai Airport by May 15, 2020 . 2 . Maintain the display in good condi tion . 3. Provide any peripherals such as computer or television screens and flip books with annual repair/replacement costs . 4 . Seek funds from cooperating federal and state agencies to design , fabricate, and instal l the display. 5. Seek advice and receive approval from the Airport for any changes to the exhibit after installation. B. Specifically, the Airport shall: I. Provide wall space free of charge for the 'Gateway to Your Public Lands' Display. 2. Participate in the exhibit development process by appointing a point of contact to review design, fabrication, and installation proposals and drawings for a timely installation date of May 15, 2020 . 3. Provide staff to coordinate on behalf the Airport, the installation of the Display. 4. Once the Display is installed, notify the USFWS of any maintenance or repairs needed to the Display in a time ly manner. 5. Provide lighting in the form of 2 sets of track lighting along the north and east walls as part of the terminal renovation project of 2019-2020. C. Specifically, State Parks shall: 1. Participate in the exhibit development process by appointing a point of contact to review design, fabrication, and installation proposals and drawings for a timely installation date of May 15, 2020. 2. Seek funds from cooperating federal and state agencies to design , fabricate , and install the display. IV. PERIOD OF PERFORMANCE The period of performance for this agreement shall by five years . This agreement will automatically renew for one additional 5-year period on October l of the last year, unless reasonable notice of cancellation is given by either party before the date of renewal. If no changes have been made in the agreement during the life of the agreement, the agreement may be renewed by memorandum. While the USFWS and Airport reserve the right to terminate the agreement, or any part thereof, at any time upon reasonable notice without the necessity of any legal process , the U SFWS and Airport agree to hold a meeting prior to tennination di scussing the reasons for termination. V . PROJECT OFFICERS A . For the USFWS: Andy Loranger, Refuge Manager, Kenai National Wildlife Refuge, P.O. Box 2139 ; Ski Hill Rd. Soldotna, Alaska 99669-2139, andy loranger@fws.gov 907-260-2804 B. For the Airport: Mary Bondurant, Airport Manager, Kenai Municipal Airport, 305 N. Willow Suite 200, Kenai , AK 99611, mbondurant@kenai.city, 907-283-8281 C. For State Parks: Jack Blackwell, Superintendent Kenai/Prince William Sound Region, Alaska Division of Parks & Outdoor Recreation, P.O. Box 1247, Soldotna, AK 99669, jack.blackwell@alask a.gov, (907) 262-5581 VI. SPECIAL PROVISIONS A. The scope of work and other terms of the agreement may be modified at any time by mutual consent of the signatory parties. No change to this agreement shall be binding upon the USFWS or Cooperator(s) unless and until reduced to writing and signed by both/all parties. B . The parties to this agreement agree to be responsible for damages to their own property and injuries to their own employees/volunteers, except for damages/injuries resulting from the fault or negl i gence of the other party. Any claim for damage to property or persons made against t he Government will be pursued in accordance with the provision of the Federal Tort Claims Act. C. This MOA may be modified or amended as necessary upon written consent of all parties or may be terminated by either party with a 30 day written noti ce to all other parties. D. This MOA does not affect any final transfer of funds, property, or services on behalf of the U.S. Fish and Wildlife Service. Any discussion of such transfers by the U.S. Fish and Wildlife Service is for planning purposes only, and the actual transfers will be accomplished in accordance with applicable laws , regulations, and procedures. E. The principle contacts for this MOA are : a. For the USFWS: Andy Loranger, Refuge Manager, Kenai National Wildlife Refuge, P.O. Box 2139; Ski Hill Rd. Soldotna, Alaska 99669-2139, andy _loranger@fws.gov 907 -260-2804 b. For the Airport: Mary Bondurant, Airport Manager, Kenai Municipal Airport, 305 N. Willow Suite 200, Kenai , AK 99611 , mbondurant@ kenai.city, 907-283-8281 c . For State Parks: Jack Blackwell, Superintendent Kenai/Prince William Sound Region, Alaska Division of Parks & Outdoor Recreation, P .O. Box 1247, Soldotna, AK 99669, jack.blackwell@alaska.gov , (907) 262-5581 VIL TERMINATION This agreement may be terminated by the Airport or USFWS by giving 30 days advance wri tten notice to the Project Officer for the USFWS with an explanation of the reasons for the termination. If Cooperator(s) should fail to comply with material terms of this agreement after receiving written notice of the deficiencies and a reasonable opportunity to correct them , the USFWS may terminate the agreement by giving written notice to Cooperators. In that event, Cooperator(s) agree to the reimburse the USFWS for either (1) any Federal funds previously paid to Cooperator(s), or (2) the reasonable value of the improvements made to Cooperator(s)' land. The USFWS or its agents or contractors may also enter Cooperator's land and remove any equipment and uninstalled materials or structures. IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of Agreement to be executed as of the date of last signature below. U.S. FISH AND WILDLIFE SERVICE CITY OF KENAI Brian Glaspell , Alaska Region Refuge Chief Paul Ostrander, Kenai City Manager (Date) (Date) ALASKA STATE PARKS Ricky Gease , Director (Date) rtftff~ tt1/t/t, a Paif~ Ct'ti a1/t/t, a h.tar~ 11 210 Fidalgo Ave , Kenai , Alaska 99611 -7794 Telephone : (907) 283-7535 I Fa x: (907) 283-3014 www. kenai.city MEMORANDUM TO: THROUGH: FROM: DATE: SUBJECT: Mayor Brian Gabriel and Kenai City Council Paul Ostrander, City Manager Mary Bondurant, Airport Manager October 4, 2019 Resolution No. 2019-68 In 2003, the USFW Service, Alaska State Parks, and the City entered into an agreement for a public lands display at the north end of the terminal building. This display has been very popular to both travelers and patrons of the airport over the past 15 years. Airport and City Administration met with USFW and State Parks representatives to discuss the opportunity to upgrade the display along with the terminal rehabilitation project. All agreed that this was an opportune time to revitalize the display and continue a partnership that provides education and public awareness that the Kenai Airport is the Gateway to the Kenai Peninsula and Western Cook Inlet's State and Federal Public lands. The Airport Commission reviewed the MOA at the October 10, 2019 Commission meeting and recommends Council approval. Thank you for your consideration . Attachment