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HomeMy WebLinkAboutResolution No. 2024-53KENAI CITY OF KENAI RESOLUTION NO. 2024-63 Sponsored by: Administration A RESOLUTION APPROVING EXTENSIONS AND AMENDMENTS TO TWO AGREEMENTS WITH THE STATE OF ALASKA DIVISION OF FORESTRY AND FIRE PROTECTION. WHEREAS, the City executed two agreements with State Division of Forestry and Fire Protection to support spruce bark beetle mitigation, hazard fuel reduction and urban interface mitigation of hazard fuels; and, WHEREAS, the funds for these two agreements have not been fully expended and extensions are needed as the Agreements expire December 31, 2024 and there is still work to; and, WHEREAS, amendments to the Agreements will expand the scope of allowable work; and, WHEREAS, extending and amending the two Agreements are in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the City Council approves the two attached amendments and authorizes the City Manager to execute them on behalf of the City. Section 2. That this Resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 18T" DAY OF DECEMBER, 2024. groan Gabriel Sr., Mayor ATTEST: Michelle ner, C, City Clerk New Text Underlined; [DELETED TEXT BRACKETED] AMENDMENT NO.1 TO MEMORANDUM OF AGREEMENT BETWEEN DEPARTMENT OF NATURAL RESOURCES, DIVISION OF FORESTRY & FIRE PROTECTION AND THE CITY OF KENAI TO SUPPORT URBAN INTERFACE MITIGATION OF HAZARD FUELS ON CITY PROPERTIES (FOREST DRIVE) PURPOSE OF AMENDMENT NO. 1 This Amendment No. 1(Amendment) is the first amendment to the Memorandum of Agreement (MOA) between the State of Alaska, Department of Natural Resources, Division of Forestry & Fire Protection (DOF); and the City of Kenai (City) to Support Urban Interface Mitigation of Hazard Fuels on City Properties (Forest Drive), dated August 29, 2022, and effective on November 3, 2022 under a supplemental Master Agreement MA 10 230000042-01. The purpose of this Amendment is to extend the expiration date of the MOA until December 31, 2025, extend the due date for the final report, and expand the allowable treatment acreage. Funds authorized by the MOA were not exhausted during the completion of the original scope of work and a balance of the original funding amount remains available for phase 3 work. This Amendment does not increase the remaining balance of the original total funding amount of $385,000. AMENDMENTS Pursuant to the amendment and renewal options in MOA Article 4.1), the parties agree to amend the MOA as follows: Article 3. PROJECT SCOPE AND RESPONSIBILITIES MOA Article 3 originally specified the treatment of 105 acres at areas identified in the CWPP. MOA Article 3 is amended to add the following new paragraph at the end of the section: "The parties agree to expand the designated treatment area beyond the original 105 acres, to include additional City -owned property requiring treatment to remove hazardous fuels necessary to address wildland fire hazards." Article 4.D REPORTING The parties agree to amend Article 4.D by replacing the final report due date with the following: "A final report is due within 60 days after project completion or the Agreement termination date, whichever occurs first." Article 6. EFFECTIVE DATE AND PERIOD OF PERFORMANCE The State of Alaska Master Agreement MA 10 230000042-01, which supplemented the MOA, set an effective date November 3, 2022, and an expiration date of December 31, 2024. While MOA Article 4.1) referenced an expiration date in Article 6, the MOA mistakenly did not include Article 6. The parties agree to insert a new Article 6 to the MOA, as follows: "Article 6 — EFFECTIVE DATE AND PERIOD OF AGREEMENT This Agreement was effective on November 3, 2022. This Agreement will expire on December 31, 2025." All other terms and conditions of the MOA not expressly amended above remain the same. Upon full execution of this Amendment, the parties agree to amend the MOA as specified. Printed Name Signature Coastal Region Fuels Specialist - Division of Forestry & Fire Protection Printed Name Signature City Manager, City of Kenai, Signatory Date Date PAGE 12 AMENDMENT NO.1 TO SUPPORT URBAN INTERFACE MITIGATION OF HAZARD FUELS ON CITY PROPERTIES (FOREST DRIVE) Printed Name Signature Date Deputy Director - Division of Forestry & Fire Protection PAGE 13 AMENDMENT NO.1 TO SUPPORT URBAN INTERFACE MITIGATION OF HAZARD FUELS ON CITY PROPERTIES (FOREST DRIVE) AMENDMENT NO. 1 TO MEMORANDUM OF AGREEMENT BETWEEN DEPARTMENT OF NATURAL RESOURCES, DIVISION OF FORESTRY & FIRE PROTECTION AND THE CITY OF KENAI TO SUPPORT SPRUCE BEETLE AND HAZARD FUELS REDUCTION PURPOSE OF AMENDMENT NO. 1 This Amendment No. 1(Amendment) is the first amendment to the Memorandum of Agreement (MOA) between the State of Alaska, Department of Natural Resources, Division of Forestry & Fire Protection (DOF); and the City of Kenai (City) to Support Spruce Beetle Mitigation and Hazard Fuels Reduction, dated June 2, 2022. The purpose of this Amendment is to extend the expiration date of the MOA until December 31, 2025, extend the due date for the final report, and confirm that collection sites may be utilized for processing of hazardous fuels materials removed from City -owned properties. Funds authorized by the MOA were not exhausted during the completion of the original scope of work and a balance of the original funding amount remains available. This Amendment does not increase the remaining balance of the original total funding amount of $150,000. AMENDMENTS Pursuant to the amendment and renewal options in MOA Article 9, the parties agree to amend the MOA as follows: Article 3. SCOPE OF WORK MOA Article 3, item 1 in the Scope of Work is amended and replace with the following: "1. Provide one or two collection sites for city residents and other City hazardous fuels removal operations to drop off woody debris." The parties agree that the use of collections sites as stated above is a clarification, rather than addition of the allowable purposes of the MOA. Article 6. REPORTING The parties agree to amend Article 6 by replacing the final report due date with the following: "A final report is due within 60 days after project completion or the Agreement termination date, whichever occurs first." Article 8. EFFECTIVE DATE AND PERIOD OF AGREEMENT The parties agree to amend Article 8 by replacing the expiration date of the MOA, as follows: "This Agreement will expire on December 31, 2025." All other terms and conditions of the MOA not expressly amended above remain the same. Upon full execution of this Amendment, the parties agree to amend the MOA as specified. Printed Name Signature Coastal Region Fuels Specialist - Division of Forestry & Fire Protection Date Printed Name Signature Date City Manager, City of Kenai, Signatory Printed Name Signature Deputy Director - Division of Forestry & Fire Protection PAGE 12 AMENDMENT NO.1 TO SPRUCE BEETLE MITIGATION AND HAZARD FUEL REDUCTION Date i� NAI City of Kenai 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.7535 1 www.kenaixity MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Scott Bloom, City Attorney DATE: December 13, 2024 SUBJECT: Resolution 2024-53 - Approving Extensions and Amendments to Two Agreements with the State of Alaska Division of Forestry and Fire Protection The City previously executed the attached agreements with the State Division of Forestry and Fire Protection to support mitigation of hazard fuels and spruce beetle mitigation. The Agreements expire at the end of the year, however available funding remains and there is still plenty of work to do. The Amendments proposed in this Resolution will extend the term for another year and expand the allowable scope of work that can be accomplished with the funding. Your consideration is appreciated. pP ry State �� MASTER AGREEMENT Department of Natural Resources zvwzv.alaska.gov NUMBER: MA 10 230000042 - 1 AWARD DATE: November 3, 2022 VENDOR: EFFECTIVE: EXPIRES: CIK84891 CITY OF KENAI November 3, 2022 December 31, 2024 210 FIDALGO AVE STE 200 PAYMENT TERMS: KENAI, AK 99611-7750 US 907-283-7535 % / DAYS Note; The state will pay within 30 days if no payment terms are defined here. DOCUMENT DESCRIPTION: Forestry - MOA City of Kenai - Forest Drive MINIMUM ORDER: MAXIMUM ORDER: NOT TO EXCEED: AGREEMENT TOTAL: $ 385,000.00 $ 0.00 EXTENDED DESCRIPTION: This contract is for removal of dead spruce trees that have been affected by spruce bark beetles on parcels identified in the Community Wildfire Protection Plan (CWPP) for the Division of Forestry & Fire Protection. There is one 1-year renewal option period available under this contract to be exercised at the sole discretion of the state. AUTHORIZED DEPARTMENTS This agreement is authorized for the following departments: Department Limit? Spending Limit Department of Natural Resources No $ 0.00 RENEWAL PERIODS This agreement may be renewed optionally by the State based on the following schedule: Period Effective Dates 1 Years 01/01/25-12/31/25 LINE ITEMS Line No. Description Quantity Unit Unit Cost Extended Line Total 1 FORESTRY SERVICES 0.00 $ 0.00 $ 0.00 Discount % Discount Effective Discount Expires F.O.B. Point 0.0000 Master Agreement Function: null Page 1 of Department of Natural Resources MA 10 230000042.1 BILL TO: SHIP TO: Forestry Anchorage Forestry 550 West 7th Avenue , Suite 1450 Anchorage, AK 99501-3566 Extended Description: Removal of dead spruce trees that have been affected by spruce bark beetles on parcels identified in the Community Wildfire Protection Plan (CWPP) CERTIFICATION I certify that the facts herein and on supporting documents are correct, that this voucher constitutes a legal charge against funds and appropriations cited, that sufficient funds are encumbered to pay this obligation, or that there is a sufficient balance in the appropriation cited to cover this obligation. I am aware that to knowingly make or allow false entries or alternations on a public record, or knowingly destroy, mutilate, suppress, conceal, remove or otherwise impair the verity, legibility or availability of a public record constitutes tampering with public records punishable under AS 11.56.815-.820. Other disciplinary action may be taken up to and including dismissal. PROCUREMENT OFFICER: Name: MICHAEL BURKHEAD Contact: 907-269-8461 Email: michael.burkhead@alaska.gov Initials: Date : SIGNATURES Name: Title Signature : Date Name: Title Signature : Date Name: Title Signature : Date TERMS AND CONDITIONS No. Name Section 002 Appendix A IRIS 2 Master Agreement Function: null Page 2 of 2 MEMORANDUM OF AGREEMENT BETWEEN DEPARTMENT OF NATURAL RESOURCES$, Division of Forestry and Fire Protection AND THE CITY OF KENAI TO SUPPORT URBAN INTERFACE MITIGATION OF HAZARD FUELS ON CITY PROPERTIES (FOREST DRIVE) ARTICLE 1: PARTIES The parties of this Agreement are the State of Alaska, Department of Natural Resources, (DNR) Division of Forestry and Fire Protection (DOF) and the City of Kenai. ARTICLE 2: AUTHORITY and GENERAL INTENT AUTHORITIES: Pursuant to AS 41.15.055(e), the State Forester can enter into cooperative agreements as specified under that chapter to complete tasks identified in this document. The City of Kenai is a "government agency" that the State Forester can enter into a/this cooperative agreement with. ARTICLE 3: PROJECT SCOPE AND RESPONSIBILITIES PURPOSE: The City of Kenai is to remove dead spruce trees that have been affected by spruce bark beetles on parcels identified in the Community Wildfire Protection Plan (CWPP) and the project proposal submitted to the Division of Forestry and Fire Protection Fuels Program. This scope of work covers the 105 acres described in detail below. Hazard fuel reduction and disposal can take place via hand or mechanical means, by City employees or workers contracted by the City, to the site prescription identified below. THE ALASKA DEPARMTENT OF NATURAL RESOURCES, DIVISION OF FORESTRY AND FIRE PROTECTION WILL: 1. Provide financial compensation for the entire duration of this Agreement, total funding not to exceed $385,000.00. 4.13 — FINANCIAL TERMS 1. DOF will reimburse the City of Kenai for the wages of personnel who assist with the prescribed hazardous fuels treatment, including for personnel to manage and secure the project sites. 2. DOF will reimburse the City of Kenai for contractor expenses incurred in relation to the fuels treatment project. 3. DOF will reimburse for the City of Kenai for equipment expenses incurred in relation to the fuel treatment projects. 4.0 — BILLING PROCESS 1. Request for payment shall be submitted on Cityof Kenai letterhead. Requests shall have verification backup information attached linking to the scope of work outlined in Article 3. Point of Contact for all pay items: Diane Campbell, State of Alaska, Division of Forestry and Fire Protection, 42499 Sterling Highway, Soldotna, AK, 99669, or electronically at diane.campbell@alaska.gov 4.13 — REPORTING The City of Kenai will provide quarterly reports and a final project report to the Division of Forestry. Quarterly reports will include information on estimated acres treated, personnel assigned to the project site(s), contractors used, photos that help illustrate the quarterly accomplishments, along with other pertinent information. DOF may use any photos in other reports and/or social media. Afinal report is due by December 31, 2024 Page 13 SPRUCE BEETLE MITIGATION AND HAZARD FUEL REDUCTION execute the same on behalf of their respective organizations. No oral statement by any person shall be interpreted as amending or otherwise affecting the terms of this Agreement. Any party to this Agreement may request that it be amended, whereupon the parties wil I consult to consider such amendment. This Agreement includes renewal options, to be exercised solely at the discretion of The Division of Forestry and Fire Protection. Renewal periods will not extend past one calendar year. If a renewal option is not exercised by DOF, the Agreement shall be considered expired on the expiration date noted in Article 6 and does not require notification of such by DOF. All exercised renewal options shall be executed via written amendment to the Agreement. ARTICLE S. TERMINATION Either party may terminate this Agreement at anytime prior to its expiration date, with or without cause, by giving the other party at least thirty days prior written notice of termination. The party initiating the written notice of termination will not incur any liability or obligation to the terminated party, other than payment of amounts due and owing and performance of obligations accrued, in each case on or prior to the termination date. The party receiving the written notice of termination will take immediate steps to stop the accrual of any additional obligations which might require payment. All funds due after termination will be established based on payments issued prior to termination and, as appropriate, a refund or bill will be issued. ARTICLE 9: DISPUTES Where possible, disputes will be resolved by informal discussion between the parties. In the event the parties are unable to resolve any dispute through good faith negotiations, the dispute will be resolved by alternative dispute resolution using a method to be agreed upon by the parties. The outcome of the alternative dispute resolution will be final. Page 15 SPRUCE BEETLE MITIGATION AND HAZARD FUEL REDUCTION I ARTICLE 26: ENTIRE AGREEMENT This document is the entire Agreement of the parties, who accept the terms of this Agreement as shown by their signatures below. In the event the parties duly execute any amendment to this Agreement, the terms of such amendment will supersede the terms of this Agreement to the extent of any inconsistency. Diane Campbell S ZQ ZoZ.� =&& Printed Name Date Signature Date Kenai -Kodiak Area Forester, Division of Forestry - Point of Contact Paul Ostrander 8/29/2022 Printed Name Date Signature Date City of Kenai Signatory/Point of Contact Printed Name Date Signature Date Deputy Director, Division of Forestry Michael Burkhead Printed Name Date Signature Date Procurement Specialist III, Division of Forestry Page 18 SPRUCE BEETLE MITIGATIONAND HAZARD FUEL REDUCTION MEMORANDUM OF AGREEMENT BETWEEN DEPARTMENT OF NATURAL RESOURCESS, Division of Forestry AND THE CITY OF KENAI TO SUPPORT SPRUCE BEETLE MITIGATION AND HAZARD FUEL REDUCTION ARTICLE 1. PARTIES The parties of this Agreement are the State of Alaska, Department of Natural Resources, (DNR) Division of Forestry (DOF) and the City of Kenai. ARTICLE 2. PURPOSE The City of Kenai will provide a means of disposal of woody biomass for Kenai area residences in a safe and effective manner. Intent of this agreement is to reduce the potential for escaped debris burns and mitigate spread of the spruce beetle through hazard fuel reduction in accordance with the terms of this Agreement. ARTICLE 3. SCOPE OF WORK The City of Kenai shall provide the following services: Pagel 1. Provide one or two collection sites for city residents to drop off woody debris. 2. Provide management and security at collection locations when open to the public. 3. Chip, grind or burn all woody debris that is received at disposal locations. 4. Provide payment to contractors if or when used on this project. S. Develop a system to track amount of biomass received and a metric to determine estimated acres treated. 6. Assist Division of Forestry with initial public outreach to inform residents of the collection site and provide updates for continued public information on the project. SPRUCE BEETLE MITIGATION AND HAZARD FUEL REDUCTION ARTICLE 4. CONTRACT COMPENSATION The compensation for the entire duration of this Agreement shall not exceed $150,000.00. The Division of Forestry will reimburse the City of Kenai for the wages of the personnel who chipped, ground, mulched, or burned to dispose of the woody biomass, including cost for personnel to manage and secure the collection sites. DOF will reimburse for the equipment that was used to chip, grind, mulch or burn the material received from the public. DOF will reimburse the City of Kenai for contractor expenses related to chipping or disposal of material collected from the public. ARTICLE 5. BillinE Process Request for payment shall be submitted on City of Kenai letterhead. Requests shall have verification backup information attached linking to the scope of work outlined in Article 3. Request for payment shall be submitted to the DOF point of contacted listed in Article 7. ARTICLE 6. Reporting The City of Kenai will provide yearly reports and a final project report to the Division of Forestry. Yearly reports will include information on estimated acres treated, personnel assigned to disposal site, contractors used along with other pertinent information. DOF encourages the City of Kenai to include photos that help illustrate the yearly accomplishments and may use these photos in reports and/or social media. A final report is due by December 315t, 2024. ARTICLE 7. POINTS OF CONTACT Diane Campbell KenaVKodiak Area Forester State of Alaska Division of Forest 42499 Sterling Highway Soldotna, AK 99669 diane.campbell 0� alaska.gov Tonv Prior. Fire Chief City of Kenai Fire Department 105 S. Willow Street Kenai, AK 99611 tprior@kenai.city ARTICLE 8. EFFECTIVE DATE AND PERIOD OF AGREEMENT The effective date of this Agreement is the date of the last signature. This Agreement shall expire on December 315t, 2024, unless otherwise amended in accordance with Article 9. ARTICLE 9. CHANGES AND AMENDMENTS Changes and/or amendments to this Agreement shall be formalized by a written amendment that will outline in detail the exact nature of the change. Any amendment to this Agreement will Page 12 SPRUCE BEETLE MITIGATION AND HAZARD FUEL REDUCTION be executed in writing and signed by the authorized representative of each party. The parties signing this Agreement and any subsequent amendment(s) represent that each has the authority to execute the same on behalf of their respective organizations. No oral statement by any . person shall be interpreted as amending or otherwise affecting the terms of this Agreement. Any party to this Agreement may request that it be amended, whereupon the parties will consult to consider such amendment. This Agreement includes 1 renewal option: to be exercised solely at the discretion of The Division of Forestry. If a renewal option is not exercised by DOF, the Agreement shall be considered expired on the expiration date noted in Article 8 and does not require notification of such by DOF. All exercised renewal options shall be executed via written amendment to the Agreement. ARTICLE 10. TERMINATION Either party may terminate this Agreement at any time prior to its expiration date, with or without cause, by giving the other party at least thirty days prior written notice of termination. The party initiating the written notice of termination will not incur any liability or obligation to the terminated party, other than payment of amounts due and owing and performance of obligations accrued, in each case on or prior to the termination date. The party receiving the written notice of termination will take immediate steps to stop the accrual of any additional obligations which might require payment. All funds due after termination will be established based on payments issued prior to termination and, as appropriate, a refund or bill will be issued. ARTICLE 11. DISPUTES Where possible, disputes will be resolved by informal discussion between the parties. In the event the parties are unable to resolve any dispute through good faith negotiations, the dispute will be resolved by alternative dispute resolution using a method to be agreed upon by the parties. The outcome of the alternative dispute resolution will be final. ARTICLE 12. WORKPLACE CONDUCT The State of Alaska is an equal opportunity employer and does not discriminate in employment on the basis of race, color, religion, sex, national origin, age. disability, marital status, changes in marital status, pregnancy, and parenthood. This includes behavior such as making threats, abusive language, slurs, unwelcome jokes, teasing and other such verbal or physical conduct. Creating a hostile work environment will not be condoned. This includes verbal or physical conduct of a sexual nature, making unwelcome sexual advances or requests for sexual favors, and unreasonably interfering with the work of others. ARTICLE 13. PARTIES RESPONSIBLE FOR THEIR OWN The City of Kenai and the State of Alaska, including but not limited to the Alaska Department of Natural Resources and/or the Alaska Division of Forestry, each agree that they will be responsible for their own acts, omissions, or other culpable conduct and neither shall be responsible for the actions or inactions of the other. Each party agrees to defend itself Page 13 SPRUCE BEETLE MITIGATION AND HAZARD FUEL REDUCTION individually from claims, demands, or liabilities arising out of any activities authorized by this Agreement or the performance thereof. In any claim arising out of the performance of this Agreement, whether sounding in tort, contract, or otherwise, and whether alleging sole liability, joint liability, vicarious liability, or otherwise, each party shall defend itself but may assert comparative fault, the sole liability of another, or any other defense, affirmative defense, or request for relief. ARTICLE 14. LEGISLATIVE APPROPRIATIONS The State is a government entity, and it is understood and agreed that the State's payments herein provided for may be paid from Alaska State Legislative appropriations; and approval or continuation of an agreement is contingent upon Legislative appropriation. The State reserves the right to terminate the agreement in whole or part if, in its sole judgment, the Legislature of the State of Alaska fails, neglects, or refuses to appropriate sufficient funds as may be required for the State to continue such payments; or if the Executive Branch mandates any cuts or holdbacks in spending, or if funds are not budgeted or otherwise available. Further, in the event of non -appropriation, the State shall not be liable for any penalty, expense, or liability; or for general, special, incidental, consequential, or other damages resulting therefrom. ARTICLE 15. FORCE MAIEURE The parties to this contract are not liable for the consequences of any failure to perform, or default in performing, any of their obligations under this Agreement, if that failure or default is caused by any unforeseeable Force Majeure, beyond the control of, and without the fault or negligence of, the respective party. For the purposes of this Agreement, Force Majeure will mean war (whether declared or not); revolution; invasion; insurrection; riot; civil commotion; sabotage; military or usurped power; lightning; explosion; fire; storm; drought; flood; earthquake; epidemic; quarantine; strikes; acts or restraints of governmental authorities affecting the project or directly or indirectly prohibiting or restricting the furnishing or use of materials or labor required; inability to secure materials, machinery, equipment or labor because of priority, allocation or other regulations of any governmental authorities. ARTICLE 16. LAWS AND REGULATIONS Nothing in this Agreement is intended to conflict with the Federal, State, or local laws or regulations. If there are conflicts, this Agreement will be amended to bring it into conformation with applicable laws and regulations. ARTICLE 17.'EXPENDITURE OF FUNDS Nothing in this Agreement shall obligate any party in the expenditure of funds or future payments of money in excess of appropriations authorized by law. Page14 SPRUCE BEETLE MITIGATION AND HAZARD FUEL REDUCTION ARTICLE 18. ENTIRE AGREEMENT This document is the entire Agreement of the parties, who accept the terms of this Agreement as shown by their signatures below. in the event the parties duly execute any amendment to this Agreement, the terms of such amendment will supersede the terms of this Agreement to the extent of any inconsistency. Date Deputy Director, Division of Forestry �// f/� 2Z- Date Kenai/Kodiak Area Forester, Division of Forestry (*�t� 06/02/22 Date City of Kenai signatory point of contact Page 15 SPRUCE BEETLE MITIGATION AND HAZARD FUEL REDUCTION