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HomeMy WebLinkAbout2002-05-07 Council Packet - Work SessionKenai City Council Work Se~~ion May 7, 2002 Po I icy Work Se~~ i on POLICY WORK SESSION MAY 7, 2002 7:00 P.M. KENAI COUNCIL CHAMBERS AGENDA ® ® ® BUDGET ADJUSTMENTS TO DATE I~UDGET WORK SESSION NOTES -- April 9, 10, 11 and 16, 2002. POLICY ISSUES be Buildings Lease/Management Contracts (1) Visitors Center PRISM (3) Art Guild (4) Flight Service Station Employee COLA and Health Insurance Berm Removal CARTS Dock Summer Recreation Program Multipurpose Facility REVENUES a. Mill Rate b. Sales Tax c. Fees, Charges, Rates CAPITAL IMPROVEMENT PLAN g. h. i. j. Shop Replacement Assessments Library Expansion Recreation park Street Improvements Coastal Trail Emergency Operations Center Water/Sewer Projects Assisted Living/Housing Dock area paving, new launch ramp, and new dock access road FY 2003 Budget Council Changes Department Account Amount Description Clerk Visitors Center Legislative Legislative Legislative Legislative Legislative Legislative Legislative Legislative Legislative Legislative Legislative Legislative City Manager Non Dept Buildings Planning & Zoni~ Safety Non Dept Streets Salary 2O24 5041 5041 5041 5041 5041 5041 5041 5041 5041 5041 5041 5041 4533 8064 4538 2O24 2O24 2O24 4538 (4,077) Cut part time 4 hours (3,100) Cut small tools (200) Hockey Booster (500) Pen. Winter Games (500) United Way (100) Toudsm Mkt. (550) EDD (1,000) Kenai Visitor's &Conv. (500) Junior Miss (600) Other (300) Holiday Cards (150) Nat'l Civic League (200) Sister Cities 2,000 Kenai Peninsula Art Guild- roof (1,000) Transportation 30,000 Equipment- Copiers (40,000) Repairs and Maintenance (500) Digital Camera (950) Digital Camera 950 Digital Camera 15,000 Snow Berm Removal Program Total Change (6,277) Council Present: Staff Present: Others: BUDGET WORK SESSION APRIL 9, 2002 7:00 P.M. COUNCIL CHAMBERS MAYOR JOHN J. WII,LIAMS~ PRESIDING W/Il/ams, Porter, Bookey, Moore, Bannock, Jackman and Swarner Freas, La Shot, Graves, Jankowska, Cra/g, Cronkhite, Kornelis, Frates, Walden, Semmens, Feltman, Morris, Wichman, Langfitt, Johansen, Baktuit, Kopp, Nyren, Snow. E. DeForest, J. Krem, R. Gease, R. Ross, P. Thompson City Manager Snow reviewed the her presentation letter included with the draft budget and explained, when developing the budget, serious considerations were given to maintaining'a good balance between public service and how to maintain those services. Interest revenues were projected to be substantially down from historical averages which will impact the General and Airport Funds the most and both those funds were showing substantial budget deficits as a result. Snow added, this was a status quo budget with an overall one percent increase. No property tax increase was included or any significant increases in user fees, except for ice rental fees. She noted, the budget also reflected a $85,000 health insurance cost increase due to a projected rate increase of 1:2% and the addition of one new covered position; Fire Department overtime increased $15,000; and new and upgraded positions included additional hours for the Clerks Department part-time position, combining the temporary street department and temporary dock assistant to one full- time position to be split between the street (eight months} and dock (four monthsl, and increasing the library summer gardener position a total of 20 hours. Finance Director Semmens offered a budget overview presentation including all the funds, and noted the following: · sales tax was projected at $4.2 million (optimistic); · revenue sharing and safe communities funding would be the same; · fish tax was projected to decrease; * reappraisal of properties by the Borough increased assessed values and it was now at approximately $20 million, which he believed was closer to the real value; · overall state revenue was projected to decrease; . interest revenue was projected at $400,00 for the next year; · it is believed the interest rates would come back up in 2004. Semmens also noted this budget was a fighter budget as the lapse had been cut, and he believed there would be a larger demand on the contingency in this next budget because it was a fighter budget. Water/Sewer Fund-- Semmens stated there would be demands on the balance {$928,000) to match DEC grants. BUDGET WORK SESSION APRIL 9, 2002 PAGE 2 Airport Land System -- Though this fund was impacted by the decline of interest rates and doubling of insurance costs due to 9/11, it was in good shape and no problems were anticipated. Boating Facility -- The revenue was above what was anticipated. Discussion followed regarding public versus private operation of the boating facility. Semmens noted, there could be some cut in employee costs if leased out, however liabilities would have to be investigated. It was suggested the Harbor Commission investigate the advantages and disadvantages of leasing the dock facilities. Bookey stated he believed it would be a good idea for the Commission and council to investigate private operation of the facility. ACTION: ADMINISTRATION IS TO REQUEST HARBOR COMMISSION TO EXPLORE PRIVATE OPERATION OF THE FACILITY, LIABILITIES, ETC. Senior Citizen III Fund -- Semmens stated it was becoming more difficult to provide the same level of senior care with just grant funding and that impacts from legislative cuts to the state budget won't be known until June. Senior -- Borough Grant Fund -- A deficit is expected and the fund does not need to balance. Senior Title IV -- This fund has to balance and it is state grant funded. Debt Service Fund -- The debt is going down. Semmens recommended revenues received from sale of Inlet Woods properties be placed in this fund. Airport Terminal -- Semmens reported this fund was in good shape. Congregate Housing -- Semmens noted this fund was pretty consistent, although it was impacted by the decrease in interest rates. It was suggested a comparison of rents from around the state be made for further discussion later. ACTION: ADMINISTRATION GATHER RENT INFORMATION FROM OTHER AREAS OF THE STATE. COUNCIL CONSIDER INCREASE IN HOUSING RENTS. BREAK TAKEN: 8:05 P.M. BACK TO ORDER: 8:19 P.M. Clerk -- It was noted, most of the increase in the this budget was due to salaries and benefits for the part-time assistant. The request of four additional hours a week for the assistant was discussed. Clerk Freas noted the request was to add office time when the assistant attends commission meetings at night and to allow better coverage of the office when the Clerk is out of the office at outside meetings, lunch, etc. as it is harder to cover the office with the Clerk's office moved downstairs in city hall. BUDGET WORK SESSION APRIL 9, 2002 PAGE 3 Discussion followed in regard to the additional hours, request. Comments were not to increase the hours as it had not been the intention to have the position become full time; the total picture of impacts in moving the Clerk's office to the downstairs had not been repr.esented; preference would be to raise the COLA instead of adding hours. ACTION: ASSISTANT. REMOVE ADDITIONAL FOUR HOURS PER WEEK FOR DEPARTMENT Visitors Center' Director Ricky Gease reviewed the budget with council and noted their request to the city was status quo, which includes a $70,000 management contract with the KVCB and $3,100 request for minor equipment including a digital camera. It was explained, this equipment is used for running the facility and was part of the contract. The camera would be used to enhance the Center's website and promote the facility. Gease also noted they were working with the Chamber to develop a new visitor map as part of the "Get Hooked on Kenai" program. Gease also noted their savings account had a balance and they were exploring other areas of funding. Bannock stated he did not support the city's purchase of an overhead projector for the Center and did not support the city's funding of a' digital camera. He added, he believed the city was the Center's number one supporter and that it was inappropriate for them to request additional funds for their events. Gease stated that request was an oversight. They would now be charging an admission to the art shows during the summer months and they request donations of visitors during the summer months. The walking tour brochure was also discussed and it was noted the brochure helps to get people out and walking through Old Towne, seeing activities available, and encouraging people to stay in Kenai. Bannock stated he believed the costs for the brochure should come from the KVCB and not the city, however the consensus was to leave the $2,100 in the budget for the brochures. ACTION: REMOVE $3~100 IN SMALL TOOLS FOR DIGITAL CAMERA. Legislative: Council reviewed the donations included in their miscellaneous funds. Swarner stated her wish to delete the Alaska Jr. Miss donation of $500 and Bookey stated he wanted to reduce all the donations to $500 except for ALPAR, leave the $5,000 for the employee appreciation dinner. Review continued and the following changes were made: Miscellaneous KCHS Graduation party Kenai Alternative School ALPAR litter Control Boy Scouts/Flags $ 300 Same $ 300 Same $1,000 Same $ 300 Same BUDGET WORK SESSION APRIL 9, 2002 PAGE 4 Kenai River Festival KCHS Hockey Booster ad KCHS Basketball/football ad Peninsula Winter Games United Way Match Youth Court Support Industry Counts Industry Breakfast Kenai Peninsula Marketing & Tourism Economic Development'Forum Alaska Junior Miss KVCB Art Exhibit Reception Holiday Cards City Pins Presentation gifts Employee Appreciation Dinner Volunteer Appreciation Dinner Plants for Legislators Other 300 20O 500 5oo 5oo $1,000 $ 750 $5,000 $ 800 $ 150 $2,500 Salne Remove Same Remove (in-kind contributions) . Reduce from $1,000 Contact and request a letter to explain their needs or come to budget work session to discuss. Same Same~ Remove Remove Remove Remove Remove Increase from $890 Same Same Same Same Decrease from $3,100 Dues and Publications AML Dues Chamber NLC National Civic League Sister Cities Alaska Conf. Of Mayors Publications & miscellaneous $6,645 $ 460 $ 890 $ 100 $ 225 Same (Bookey exPressed concern council should be more active to get best benefit from dues.) Same Same Remove Remove Same Same Printing and Binding CIP brochures, etc. Newsletter $ 900 Same $3,000 Same ACTION: CHANGES AS LISTED. NO OTHER CHANGES. Council reviewed the letters of request included in the packet. Actions were as follows: Central Area Rural Transportation -- Requested $25,000. Council denied. Art Guild -- Request for $2,000 was made by Marsha Beauchamp as seed money. They will contact other private industry, etc. for additional funding. It was noted, the BUDGET WORK SESSION APRIL 9, 2002 PAGE 5 Art Guild leases the building froTM the city for $1 and they maintain the building. Because of other capital improvements that will need to be made to the building in the future, administration was requested to do an analysis of the building. The $2,000 donation was approved. ACTION: $2,000. DEI~/' CARTS DONATION. APPROVE ART GUILD DONATION OF Legal: City Attorney Graves reviewed the budget with council and noted his overall budget was reduced. ACTION: NO CHANGES. City Manager: It was noted this budget was reduced from 2002. The transportation budget was discussed and the amount of travel between the city manager and her assistant was discussed. Council reduced the transportation budget $1,000. ACTION: REDUCE TRANSPORTATION $1,000. NO OTHER CHANGe. Land Administration' ACTION: NO CHANGES. Finance' It was noted the health insurance costs increased the budget; small tools was reduced; an increase in professional services regarding GASBY 34 implementation. ACTION: NO CHANGES. Non-Departmental: Snow noted, the purchase of copy machines was not in this budget as the funds were remaining in the current budget. She asked if council wanted to purchase the copiers in the current year. or next fiscal year. Discussion followed and it was noted Frontier Services would be able to piggyback copiers for the city on the school district's contract. It was also noted, whether to do a piggyback or not was a policy call for council's determination. An analysis was done by Semmens to compare costs for lease or purchase and it was found to be cheaper to purchase the machines. Council determined to make the purchase in the new fiscal year and administration was requested to prepare a report for council and discuss the matter after July 1. Semmens also noted he anticipated increases in insurance, however he had not requested bid proposals at this time. BUDGET WORK SESSION APRIL 9, 2002 PAGE 6 ACTION: INCLUDE $30,000 IN BUDGET FOR PURCHASE OF COPIERS. OTHER CHANGES. NO The work session ended at 10:00 p.m. Notes prepared by: Carol L. Freas, City Clerk BUDGET WORK SESSION APRIL 10, ~.00~ 6:00 P.M. CITY COUNCIL CHAMBERS MAYOR JOHN J. WILLIAMS, PRESIDING Council Present: Staff Present: Others' Porter, Jackman, Bookey, Williams, Bannock, Swarner, Moore Freas, Moms, Graves, Feltman, Craig, Cronkhite, Walden, Lockwood, Komelis, Nyren, Kebschull, Wannamaker, Kopp, Frates, Jankowska, Wichman, Baisden, McNair, Snow, Semmens R. Ross, E. DeForest Clerk' Williams referred back to the Clerk's budget and discussion followed regarding the request of and additional four hours a week for the department assistant. Williams requested a three-month time management report of the contract secretary, office assistant, and clerk and if that report shows a need, council could re-evaluate the request of additional hours. The matter was discussed further and concerns were stated as four additional hours was more time and cost; that the part-time position would go full time in the future and that was not the original thought; coverage of the office and ability for the Clerk to be out of the for lunch, meetings, and user friendliness of the office should be a consideration. Range Changes/.Title Changes: Council also reviewed information distributed by Finance Director Semmens regarding range change and additional hours requested in the draft budget. It was explained there were no actual added positions and there was no place in the budget document to list the changes. It was also noted, some code changes would be required for title changes, etc. and the ordinance would be introduced at the May 1 council meeting. It was also noted, there would be an increase to the budget for Fire Department overtime. ACTION: INCLUDE DELINEATED RANGE CHANGE INFORMATION IN THE BUDGET DOCUMENT. General Concerns: Bannock discussed his concern of travel costs city-wide and suggested travel and transportation be reviewed and stated he wanted to justify costs as much as possible. Bookey stated he would like def'mition of the expenses in the budget document and wants it to be consistent throughout the document. Swamer suggested reducing the City Manager travel from $8,000 to $6,000. It was noted, $3,000 in that budget goes to the city manager's car allowance which is in her contract. A lengthy discussion followed regarding the need for council to review policies in many aspects. BUDGET WORK SESSION APRIL 10, 2002 PAGE 2 ACTION: REDUCE CITY MANAGER TRAVEL BU'DG~ $1,000. Fire Department: Because the Department would be manning the SRE building beginning July on a daily basis, their overtime costs will be enhanced. No addition of personnel will be made. Chief Walden stated he thought it prudent to add $15,000 as a request as it would give the council a more realistic budget, although it is difficult to estimate what the exact amount of overtime would be required. Discussion followed regarding the utilities at the Public Safety Building it was noted they are split about even between fire and police. ACTION: APPROVE THE $15,000. NO OTHER CHANGES. Police: Because of his upcoming retirement, Morris explained the Police Department salaries and benefits were reduced. Additionally, there were some reductions in the operating costs and communications were increased for long distance phone calls, etc. He noted there was one officer position in the department that had not yet been filled. ACTION: NO CHANGES. Communications: Morris reported the total budget was increased $7,100 which was mostly salaries and insurance and other than that, the budget was about the same. ACTION: NO CHANGES. , Animal Control: Morris explained 250 additional hours were included for the part-time Animal Control Officer which will allow for someone to be at the Shelter. ACTION: 'NO CHANGES. BREAK TAKEN: 8:22 P.M. BACK TO ORDER: 8:45 P.M. Planning & Zoning: La Shot reported there were small increases in advertising and salaries. He also noted the costs for development of the Comprehensive Plan were included in a capital project. Costs were included for computer replacement which was on the three-year cycle. The old computers are then given to other departments to use. BUDGET WORK SESSION APRIL 10, 2002 PAGE 3 · Discussion followed regarding the travel budget and who would be traveling, etc. Porter stated she didn't want council deciding who should travel and where, but was okay with taking a 10-20% reduction in all the budgets. It was also noted a digital camera was included in the budget to replace the old one which no longer works and is used by the Building Official for code investigations, etc. ACTION: NO CHANGES. Public Works Administration: La Shot reviewed this budget with council and noted it was increased overall about three percent and included a personnel increase for the administrative assistant. He added, the largest purchase was $6,000 to replace the old blue print machine which is 21 years old. He noted, replacement of the machine would be useful in copying the old blueprints and it was a safety issue as well. Travel was included for him, Komelis and the administrative assistant for training, meetings, certifications, etc. ACTION: NO CHANGES. Shop: La Shot noted there were increases in personnel and maintenance and operations. Discussion followed in which a request for more detailed information was made. Replacement of the current shop building was also discussed and investigation of funding. It was suggested this item be discussed at the first May council meeting. Discussion followed regarding refurbishing the cab and frame of 1982 GMC and it was noted, the refurbishing would save approximately $35,000 because a new truck would not be needed. Working 4/10's was also discussed and it was noted, the issue had been discussed internally and it was found the Code does not allow for a study to try different schedule options and administration was not yet ready to recommend. La Shot was asked what he would cut from the budget if he needed to and he suggested Repairs & Maintenance. Shop Foreman Mike Wichman suggested using the $35,000 saved from the refurbishment and use it to purchase a new broom to clean the sidewalks. ACTION: NO CHANGES. Buildings' La Shot noted, this budget fluctuates depending on what repairs and maintenance are needed. He noted repairs and maintenance decreased, personnel increased and included a range change, and re-lamping costs were included which will make the lighting more efficient. Discussion followed regarding painting the outside of buildings, etc. La Shot suggested the budget be cut to a certain amount and they could do what they can and bring the maintenance list back for review next year. BUDGET WORK SESSION APRIL 10, 2002 PAGE 4 ACTION: REDUCE BUDGET OF $125,000 BY $40,000. NO OTHER CHANGF~. Safety: Kornelis reported an increase in repair and maintenance and funds for purchase ora digital camera which is used for inspections of facilities, etc. Discussion followed regarding need for two digital cameras in City Hall and Planner Kebschull suggested buying one out of Non-Departmental and making it available for all the City Hall departments. ACTION: BIrY ONE REALLY GOOD DIGITAL CAMERA FOR CITY HALL USE. NO OTHER CHANGES. Streets: Sidewalk snow plowing was discussed and it was noted information requested about plowing sidewalks from the middle school to downtown and along Willow and Airport Way would cost about $7,200 each time if the state does the work. Whether to do the plowing or just knocking down the berms at intersections was discussed and comments made were that if the city expands for more miles, the state will not help anymore; some council wanted to assume the cost and responsibility of doing this work; to do it four times in one year would cost approximately $30,000; knocking down berms along Frontage Road, Willow, Airport Way, Spur Highway, should be included in the work and that cost for one time was estimated to be $15,000. ACTION: CHANGES. ADD $15,000 FOR SNOW BERM REMOVAL {ONE TIME). NO OTHER Streei Lighting: There had been no requests and the budget was zeroed out. ACTION: NO CHANGES. Library: Jankowska explained there was an increase in small tools for computer replacement and purchase of a new conference room table. An increase was also in communications, though she noted she had applied for a grant, but.had not received notification of whether it had been awarded. Transportation would be used for training needed on a regular basis; repair and maintenance included funds for a janitor; and 20 hours were added for the summer gardener. ACTION: 20 HOURS WERE APPROVED AND NO OTHER CHANGF~. Recreation: Frates reviewed this budget and noted increases in maintenance and operation for the snack bar; professional services increased for the multipurpose facility; BUDGET WORK SESSION APRIL 10, 2002 PAGE 5 communications was increased for cable TV costs, multipurpose phones and cell phones. ACTION: NO CHANGES. Discussion followed as to whether this work session could be carried over to April 1 1. With reasonable public notice, and it was a work session and no actions could be taken, City Attorney Graves stated the work session could be continued. Public service announcements, posting on the bulletin board and webpage would be made to insure reasonable public notice. ACTION: CONTINUE WORK SESSION TO APRIL 11, 2002, BEGINNING AT 7:00 P.M. IN THE COUNCIL CHAMBERS. This work session ended at 10:10 p.m. Notes prepared by: Carol L. Freas, City Clerk BUDGET WORK SESSION APRIL 11~ 2002 7:00 P.M. KENAI COUNCIL CHAMBERS MAYOR JOHN J. WILLIAMS~ PRESIDING Council Present' Staff Present: Others Present: NOTES Porter, Jackman, Bookey, Williams, Bannock, Swarner, and Moore Freas, Snow, Semmens, Graves, Frates, Craig, Jankowska E. DeForest, M. Nelson Discussion opened with Williams discussing the information included in a market research report on the Central Peninsula General Hospital. Williams encouraged all council members to read the report and gave it to Clerk Freas to house in her office. Williams added, representatives from the hospital would be included on the May 15 council meeting agenda for them to discuss their plans. Additional Work Session: ,, , Bookey stated he was very frustrated with the budget this year and was looking for ways to service the budget deficit. He noted, council had not set a new direction for administration to reduce the budget other than to hold it at status quo; in two nights they had only cut approximately $6,000 out of the budget; talked about cutting travel budgets, digital cameras and deferred maintenance on buildings, and then started a new project in snow removal. The budget is still out of balance at a projected $539,000 and the budget reserve is at $4.4 million. He suggested the council needed to seriously restructure programs and give administration the task of what is the best direction for the city to go in to balance the budget. Bookey suggested the following ideas to consider: · review the Visitors Center program; · investigate dock privatization program · library · recreation · health insurance · all city fees Bookey suggested setting a fifth work session to review these items. He added, he believed the budget would get passed the way it was presented. Council needs to develop ideas and give direction for the administration to make it happen. He added, he would like to discuss policy and give direction Prior to reviewing the draft budget, perhaps in January, in order for administration to prepare the budget with whatever guidelines are given to them by council. He added, he believed it was council's responsibility in regard to the budget and it was the only fair way to gain confidence of the taxpayers to ever have a bond issue, etc. BUDGET WORK SESSION APRIL 11, 2002 PAGE 2 Moore stated l'/e agreed and noted, council requested administration to bring a zero- increase budget and that's what they did. He added, he objected to council reviewing the budget line by line, picking out purchases and questioning whether trips should be taken as it was micromanagement at its worst. He added, whether travel needs to be cut, laundry done in the city, etc. needs to be policies set prior to administratiqn's preparing the budget, not after. Williams agreed and added, council needed to discuss long-range policy and referred to pages 17 and 18 of the budget document, noting it was council's decision last year to stay at a 3.5 mils this year and a reserve at $4.4 million, and an operating deficit at $329,000. The projection for 2004 includes an increase in the mil rate to 4.5, which would keep the reserve above $4 million. What went wrong with the long-range plan was the interest rate decreases. He suggested either council could live with the current long-range plan with the interest rate decreases or change the mil rate. In order to make a large change in the budget would be to readjust the revenue source and in order to cut the draft budget in the amounts required, would be to remove big pieces of equipment, employees or completely eliminate the maintenance program. Bookey disagreed and added, some issues had been discussed in the past and need to be discussed again, i.e. the Visitors Center, dock, close the library on Sundays, change .fee structures, etc. He continued, raising taxes is not always the answer as it does not give the taXpayers confidence, and bond issues (for a new shop, etc.) fail. Discussion followed regarding determining policy, etc. continued. Council decided to hold another work session and set it for 7'00 p.m., May 7 in the council chambers. The issues to discuss at the work session would be policy setting, budget, review of fees, mil rate increase, etc. Snow stated she would like to begin budget season with a work session early in the year. ACTION: HOLD POLICY WORK SESSION, 7:00 P.M., MAY 7, 2002 IN THE COUNCIL CHAMBERS. BREAK TAKEN: 8:06 P.M. BACK TO ORDER: 8:10 P.M. Boys & Girls Club: Frates reported a meeting was held to discuss combining the Boys & Girls Club summer recreation programs with the city's. His research showed it would be more cost effective to continue the city's program. Though the Club is able to offer unique programs, etc., they have larger groups and there is a cost to the participants (sponsorships are available for those who cannot afford the fee), and their program continues into the evening which would tie up use of the Recreation facility from 4-6 p.m. It was noted, there is concern the Club program will move out of the city as their lease at the elementary school would terminate in the next several years. BUDGET WORK SESSION APRIL 11, 2002 PAGE 3 Bookey stated his strong objection to discussing this matter at this time, as not all the council was included in the discussion/meeting and suggested the matter be given to administration to make a recommendation and brought to council as a discussion item on. an agenda. Frates stated he would need a decision whether there was interest in combining this year's summer program as he would need to-begin interviews for hiring the summer crew in the next week. Snow stated staff did not intend to combine the programs this year, but to put the issue out for discussion with council and plan the possible combination for the future. , Consensus of council was to bring the issue to the May 7 meeting, proceed with the city's program separately this year, and take no action in combining the programs this year. Frates noted, they could incorporate some pilot activities during this year's program and council agreed. ACTION: DISCUSS THE MATTER FURTHER ON MAY 7; NO COMBINING OF THE TWO PROGRAMS THIS YEAR; DISCUSS FOR NEXT YEAR'S BUDGET; BEGIN PILOT ACTIVITIES BETWEEN THE TWO PROGRAMS DIrRING THIS YEAR'S SUMMER PROGRAM. Multipurpose Facility: Council reviewed information included in the packet received from DR Ice, the current contractor at the facility, as well as information alternatives suggested by administration. Comments included: · Frates preferred Alternative No. 2 (full-time employee splitting time between ice maintenance, etc. during the winter and beautification program in the sumn2er. · Moore stated he believed it better to contract as you are guaranteed good ice and experience and there's only $4,000 difference. · Bookey agreed but wanted to increase the ice rental to $105/hour Bannock agreed with Alternative No. 1, but wanted to change the closure time. ACTION: $8S/HOtm. PROCEED WITH ALTERNATIVE NO. 1 AND ICE RENTAL AT Recreation: It was reported a concession stand would probably be ready for next season as plans, cost estimates, materials, etc. are going forward {work being done by KPHA and volunteers). It was also noted, there is a need for two additional dressing rooms and Wi!l/ams suggested council could consider donating materials to build an enclosure between the two buildings. It was decided, this matter could discussed further at the May 7 work session. ACTION: NO CHANGES TO THE BUDGET. DISCUSS THE MULTIP~OSE FACILITY AND ADDITIONAL DRESSING ROOMS ON MAY 7. BUDGET WORK SESSION APRIL 11, 2002 PAGE 4 Parks: Frates noted there was an increase to communications to cover phone lines at the multipurpose facility. ACTION: NO CHANGES. Beautification: W/!!_/ams asked council to consider adding $32,000 for an underground water system at Leif Hansen Memorial Park. The matter was discussed and the consensus was it was too expensive, watering could be done in-house, and the cost would not be included in the budget. ACTION: NO CHANGES AND NO INSTALLATION OF WATER SYSTEM AT MEMORIAL PARK. The work session ended at approximately 9:47 p.m. Notes prepared by: Carol L. Freas, City Clerk BUDGE~ WORK SESSION APRIL 16, 2002 6:00 P.M. COUNCIL CHAMBERS VICE MAYOR LINDA SWARNER, PRESIDING NOTES Council Present: Staff Present: Swarner, Jackman, I3ookey, Porter, Bannock (arrived at 6'42 p.m.) Freas, Snow, La Shot, Walden, Feltman, Graves, Cronkhite, JankowSka, Komelis' Moms, Wichman, Craig, Isaak Continuation of review from April 10, 2002. Senior Citizen Fund It was noted there were no major changes in the Fund; the programs are growing; home meals have risen ten percent in the last quarter and 30% from last year. ACTION: NO CHANGES. Congregate Meals No grant increase is expected from the state and there could be a cut. The budget for congregate meals is the same as it was last year. Meal donations are $4.00 per meal as required by the grant. ACTION: NO CHANGES. Home Delivery Meals This budget is the same as last year. There is an increase reflected in salaries. ACTION: NO CHANGES. Transportation There is an increase reflected in salaries. ACTION: NO CHANGES. Borough Fund Money coming into this fund is through the Borough, rents from congregate housing, United Way, and Senior Connection donations. It was noted $4,700 was added for food due to the increase in meals; communications increased to cover costs for cell phones for the bus drivers and voice mail was added to their phone capabilities; and the purchase of a van was included in the budget, which will be paid from the fund and Senior Connection donations. ACTION: NO CHANGES. Senior Employment This fund does not change and the workers are paid minimum wage. ACTION: NO CHANGES. BUDGET WORK SESSION APRIL 16, 2002 PAGE 2 Cgngregate Housing _ It was noted the biggest increase in this fund is in Repairs and Maintenance: to replace carpet in apartments. If all the $40,000 included for carpet is not used, some pamting will be done with the funds. Funds were also included in Transportation to send a person to a housing conference. Porter requested to discuss the possibility of increasing the rent at Vintage Pointe. ACTION: NO CHANGES. Water/Sewer Fund This fund shows an increase in Operating Supplies for the purchase of sodium hyperchloride; a small increase in Tools & Minor Equipment; an increase in Communications for adding DSL and phone lines at wellhouses; and $40,000 in Buildings for the purchase of land for Wellhouse No. 4. ACTION: NO CHANGES. Sewer This fund includes an increase in communications. It was also noted the vactor truck will need replacing, but administration will wait until next fiscal year. ACTON: NO CHANGES. Sewer Treatment Plant There were increases in Small Tools and Communications. ACTION: NO CHANGES. Boating Fund It was noted an increase was in Repairs & Maintenance to cover costs of replacing pilings at the dock. Discussion followed regarding the transfer of $70,000 and it was explained there was no technical reason or legal reason to do it, but it was a policy decision. The monies are used to cover fuel purchases, etc. The dock could be run with a large deficit, but if purchases are needed, a transfer could be made through passage of an ordinance. It was also noted funds were included for attendance at a Harbormasters conference, where topics discussed are equipment availability, legal and environmental concerns, etc. ACTION: NO CHANGES. Airport-- Land System Handouts were distributed to council. It was noted, increases were included to cover insurance costs; the interest rates are down; the utilities were the same. ACTION: NO CHANGES. BUDGET WORK SESSION APRIL 16, 2002 PAGE 3 ~Air~ort-- Maintenance & Operation A detailed handout indicating for what these budget funds would be used was distributed to council. 'ACTION: NO CHANGES. _Airport-- Administration Council reviewed information handed out which detailed the use of funds in this budget. The DBE program was explained and its involvement w/th FAA terminal concessions, etc. It was noted, the budget included a range raise for the Department Assistant which would be paid for by the Lands and Adrn_inistration budgets (70/30). Porter stated she did not want to raise the range until other positions are reviewed. She added, she believed the ranges should be reviewed city wide. ACTION: NO CHANGES -- NO VOICE APPROVAL OF THE RANGE RAISE. Airport Land The budget was reviewed. Randy Ernst, PRISM discussed their priority list of requests which was forwarded to the Airport Manager. Their list included cameras and project system replacement ($27,100), enlarged parking area, and a bay door. He requested funding be included in the Land System budget to cover these costs. Discussion followed in which Airport Manager Cronkhite explained they planned to enlarge the parlc/ng area and put in the bay door within the current budget and in- house. It was also noted, the contract with ESI (PRISM contractor) delineates the responsibility of replacing the camera system is the contractor's. Comments regarding the city's purchase of the camera equipment included: · Bookey: not in favor as it is a private sector buSiness. · Jackman agreed · Porter and Bannock supported the city's purchase of the equipment noting the original equipment was inferior and the city has purchased audio equipment for the Visitors Center. Bookey stated he believed this would be a policy change and it should be addressed by all seven of the council members. ACTION: NO CHANGE TO THE BUDGET. REQUEST FOR CAMERA E~UIPMENT DEFERRED. ~ort Terminal This budget was reviewed. Discussion followed regarding Cronkhite's investigation of parking lot changes, i.e. hiring a traffic consultant, etc. It was suggested the increase of overnight fees be discussed at the May 7 work session as well. Cronkhite noted she was also considering developing a bus permit charge and off-airport rental car charges. ACTION TAKEN: NO CHANGF~ TO THE BUDGET. DISCUSS OVERNIGHT PARKING FEES AT MAY 7 WORK SESSION. BUDGET WORK SESSION APRIL 16, 2002 PAGE 4 BREAK TAKEN: 7:29 P.M. BACK TO ORDER: 7:52 P.M. Debt Service Council reviewed this fund. ACTION: NO CHANGES. Land Trust Funds Council reviewed this fund. ACTION: NO CHANGES. Equipment Replacement Fund It was explained the flatbed truck would go to bid in the current budget as the original flatbed truck was converted to a steam truck. A new truck was included in the equipment list for replacement in 2004. It was also noted a grant had been applied for to purchase a new ambulance. Administration was requested to add a colum to the equipment replacement list called "projection" and include original and yearly updates of the list. ACTION: NO CHANGES TO THIS BUDGE~. REQUEST FOR ADDITIONAL COLUMN "PROJECTION" ON THE LIST. Youth Court A short presentation was made in regard to the youth court and their need for donations. It was noted the city's donations since 1994, had been very important and continues to be. They are now a United Way receiver and receive other grants (some large). Donations and support from the city aid in receiving grants from other agencies. They requested yearly support from the city but understand it could be less. They will utilize any level of donation amounts from the city. It was suggested $6,000 could be slip four ways (City of Kenai, City of Homer, City of Soldoma and Borough). A letter of support from the City will also be helpful to them for receiving grants/donations. ACTION: WRITE LETTER OF SUPPORT OF THE PROGRAM. Comments of Council: Requests were made to discuss the possibility of a Cost of Living Increase for the employees and the employee health insurance program. Council members decided this discussion would be held at the May 7 work session. ACTION: DISCUSS COLA RAISE POSSIBILIIT AND EMPLOYEE HEALTH INSURANCE PROGRAM AT MAY 7, 2002 WORK SESSION. BUDGET WORK SESSION APRIL 16, 2002 PAGE 5 'This work session concluded at 8' 10 p.m. Notes prepared by: Carol L. Freas, City Clerk AMENDMENT MAINTENANCE AND OPERATION AGREEMENT BETWEEN CITY OF KENAI AND KENM CONVENTION AND VISITORS BUREAU, INC. Paragraph 9 of the agreement effective July 1, 1998 between the City of Kenai ("City") and the Kenai Convention and Visitors Bureau, Inc. ("Bureau") is hereby amended as follows' , In addition to the fees collected by the Bureau as described in Paragraph 4 above, as compensation for operation of the Center, the City will pay the Bureau $70,000 per fiscal year. Any compensation due for portions of a month or fiscal year will be prorated based on the number of days the agreement is in effect during that year. The compensation described above will be paid in monthly installments upon billing by the Bureau. DATED this.~ ] of August 2001. CITY OF KENAI Linda L. Snow' City Manager KENAI CONVENTION AND VISITORS BUREAU, 1NC. / by: Executive Director Cary R. Grav®~ City Attorney CITY OF KENAI 210 Fidalgo Avenue Suite 200 (907) 283-7~ x225 FAX (907) 283-3014 AMENDMENT TO MAINTENANCE AND OPERATION AGREEMENT Page 1 of 2 STATE OF ALASKA THIRD JUDICIAL DISTRICT This is to certify that on the _,~SP~ay of August 2001, Linda L. Snow. the City of Kenai, being personally known to me or having produced satisfactory evidence of identification, apPeared before me-and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said city for the purposes therein mentioned. Notary Public for Alaska My commission expires: STATE OF ALASKA THIRD JUDICIAL DISTRICT This is to certify that on the __~ day of August, 2001, Kathy Tarr, Executive Director of the Kenai Convention and Visitors Bureau, Inc, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said city for the purposes therein mentioned. Notary, Pub li c' fc~ f ' 7[las-k a My cor~mission, e~pires. Cary R. Grave~ City Attomey CITY OF KENAI 210 Fidalgo Avenue Suite 200 KenaL AJaska 99611-7794 (OOD 283-7535 x225 FAX (907) 283-3014 AMENDMENT TO MAINTENANCE AND OPERATION AGREEMENT Page 2 of 2 0 MAINTENANCE AND OPERATION AGREEMENT between CITY OF KENAI and ~NAI VISITORS & CONVENTION BUREAU, INC. The parties to this agreement are the City of Kenai ("City") and' the Kenai Viskors & Convention Bureau, Inc. ("Bureau"). The purpose of this agreement is to define the roles and obligations of the parties regarding the Kenai Visitors and Cultural Center ("Center"). This agreement shall take effect July 1, 1998 and shall be in effect until revoked by either party upon thirty days written notice. THE PARTIES AGREE AS FOLLOWS: 1. The Bureau shall be responsible for operation of the Center. As facility manager, the Bureau shall provide viskor and convention services at the Center Cmduding promotion), the operation of the Cultural Center, the coordination of meetings and conferences, and arrangements of displays and exhibits in the Kenai Visitors and Cultural Center. The Bureau will be responsible for costs assodated with operating activities, such as all personnel costs, telephone, postage, printing, promotional and advertising costs, travd, equipment maintenance, and general office expenses. 2. It shall be the responsibility of the City to provide for janitorial services, snow removal and landscaping. 3. The City shall be responsible for maintenance of the Center, including building repairs and maintenance, restroom supplies, plumbing and electric supplies, and other costs ordinarily inddental to the maintenance of a public facility. The City shall be MAINTENANCE AND OPERATION AGREEMENT - Page 1 of 4 responsible for providing the utilities (water, sewer, electricity, heat, and garbage removal) for the Center. o The Bureau shall set fees for use of the facility. The Bureau shall receive those fees in order to help defray its operating expenses. Should a use of the facility generating fees that go to the Bureau require additional janitorial services, other than that provided by the City, the Bureau shall be responsible for paying for those additional janitorial services. e The Bureau shall maintain worker's compensation, general public liability, and personal property darmge insurance in amounts acceptable to the City Manager. The City shall be named as an additional insured on the public liability insurance. The personal property damage insurance referred to above may exclude art exhibits, displays, and museum articles. The City shall maintain a museum contents policy in an amount determined by the City Manager, covering art exhibks, displays, and museum contents. e The City shall mainta/n real property insurance on the Center in a commerdally reasonable amount. ge Smoking will not be allowed within the Center. 1 The Bureau shall operate the Center in compliance with all federal, state, and local civil rights laws and regulations. e In addition to the fees collected by the Bureau as described in Paragraph 4 above, as compensation for operation of the Center, the City will pay the Bureau $65,000 per fiscal year. Any compensation due for portions of a month or fiscal year will be prorated based on the number of days the agreement is in effect dmqng that year. The compensation desCribed above will be paid in monthly installments upon billing by the Bureau. MAINTENANCE AND OPERATION AGREEMENT- Page 2 of 4 10. The Bureau agrees to keep reliable accounting records and to prepare f'mancial statements annually in accordance with generally accepted accounting pfindples. Such financial statements shall be reviewed by a certified public accountant. The Bureau shall share in the cost of the review up to $700. Any cost for the review above $700 shall be the responsibility of the City. The Bureau agrees that its accounting records shall be available for inspection by the City of Kenai upon reasonable notice, and that the City may direct an audit at the City's expense. 11. The Bureau shall provide an annual report to the City of Kenai by April 15 every year. The purpose of the Bureau's annual report is to highlight the Bureau's activities during the previous calendar year. 12. The Bureau shall promptly provide to the City of Kenai copies of all approved minutes from the Kenai Visitors & Convention Bureau's regular board of directors' meetings. 13. As a condition of this contract, the City of Kenai requires the board of directors' meeting of the Kenai Visitors & Convention Bureau, Inc. held at the Center in performance of this contract to be open to the public. During meetings of the KVCB Board of Directors, the Bureau retains the right to move into executive session upon their discretion. DATED this ~f 7/--, 1998. CITY OF KENAI KENAI VISITORS & CONVENTION BI. re.EAU Richard A. Ross City Manager Kathy Tarr Executive Director MAINTENANCE AND OPERATION AGREEMENT - Page 3 of 4 STATE OF At ASKA THIRD JUDICIAL DISTRICT This is to certify that on the 7'// aay of /~4v/~1'998, Richard A. Ross- City Manauer of the City of Kenai, being personally ~mown to me or having produced sat~sfactorfevidence of i~entification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instnunent on behalf of said city for the purposes therein mentioned. oiary Public for Alaska My commission expires: STATE OF ALASKA THIRD JUDICIAL DISTRICT This is to certify that on the '~"~day of ~r.(.~ ~ 1998, Kathy T~rr, Executive Director of the Ken.a5 Viskors & Convention B,~,rcau, lnc, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authori~d execution of the foregoing instrument on behalf of said city for the purposes therein mentioned. Notary Public for Alaska My commission expires: MAINTEN~CE AND OPERATION AGREEMENT - Page 4 of 4 MANA GEMENT/OPERA TIONS AGREEMENT 35~ /a ~__ THIS AGREEMENT is made and entered into on this ~ day of~.e,~--*,~,~,~,,~,..v._......,., 1998, by and between the CITY OF KENAI, an Alaskan home role municipal corporation with offices at 210 Fidalgo Avenue, Suite 200, Kenai, Alaska 99611-7794 (hereinafter, "City"), and AAI ENGINEERING SUPPORT, INC., a Maryland corporation at York Road at Industry Lane, Hunt Valley, MD 21030 (hereinafter, "ESI"). WITNE S S E TH: WHEREAS, City planned a Fire Training Center, to enable hands-on training of fire response personnel in scenarios replicating actual emergencies involving aircraft and structural/industrial settings (hereinafter, the "Center"); WHEREAS, ESI has certain technical expertise in the field of firefighter training, including training of personnel and trainers, and the maintenance and operation of fire training equipment; WHEREAS, ESI and City previously entered into a lease agreement to enable ESI, inter alia, to construct a structural/industrial fire training facility on the Center site, in order to enhance the training opportunities available at the Center; WHEREAS, City has constructed an Administration Facility (hereinatter, the "Facility"), which will accommodate classroom training and certain hands-on training for use of apparatus and fire training equipment; and WHEREAS, City desires that ESI accept management of the Center, and ESI desires to perform management of the Center, under the terms and conditions described hereinbelow. NOW, THEREFORE, in consideration of the mutual premises appearing below, and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree, as of the date last appearing below, to be bound by the folloWing terms: I® TERM OF AGREEMENT This Agreement shall commence on the date last appearing below, and shall continue until the year 2007, the anticipated termination date of a certain lease agreement for a structural/industrial fire training site (the "Site") between the parties hereto, dated 1 9/22/98 ~)~ 0 ~ it ,1997 (the "Lease"), or to an earlier or later date when the Lease expires due to an extension or sooner termination pursuant to the provisions of said Lease. II. OPERATION OF CENTER BY ESI ESI shall perform the following duties throughout the term of this Management/Operations Agreement (the "Agreement"). In performance of such duties, ESI shall not act as City's agent, except to the extent authorized by this Agreement or subsequent written grant of such authority. ESI shall obtain any and all permits or licenses relevant to its performance of fire training services hereunder. A. Firefighter Training. ESI shall schedule Firefighter Training at the Center on a year-round basis. 1. ESI shall provide to City of Kenai: a) AARF training to City personnel which shall be fully compliant with Part 139 of the Federal Airport Regulations (as amended); and b) Structural/industrial training to City personnel on a class-available and space- available basis at no charge to City. 2. ESI may provide training to third parties, subject to payment to City of profit sharing and classroom fees, as set forth below' a) After gross revenue for AARF training reaches threshold designated below, city shall receive seven percent (7%) of tuition received ("revenue"). The threshold for the first period of performance under this Agreement (from the effective date hereof to December 31, 1998) shall be fifty five thousand dollars ($55,000.00); and the threshold for FY 1999 shall be ninety thousand dollars ($90,000.00). Beyond 1999, the threshold shall be established jointly by the parties each year as part of the process of developing the annual strategic plan described below, provided that the amount of increase shall not, absent extraordinary and unforeseen circumstances, exceed five percent (5%) increase over the prior year's threshold amount. However, the parties recognize that the gross revenue threshold for AARF training was established utilizing certain assumptions which, due to the new Facility, and the lack of operating history of this Center, may require adjustment after the first full year of operation (1999). ESI and City hereby agree to review these assumptions as part of the pertinent annual strategic plan review, and such 2 9/22/98 review may result in the parties mutual agreement to extraordinary adjustment(s) of the threshold beyond the five percent (5%) limit expressed herein. b) ESI shall pay to City the sum of twenty eight dollars ($28.00) per day for use of each Facility classroom and twenty dollars per day ($20.00) for the use of the lecture room for non-AARF courses provided to third party trainee groups, except for classes consisting entirely of City personnel.. .:If ESI, in training non-City personnel shall require any additional space within the Facility (which is not otherwise designated for ESI's use) ESI shall pay City based upon the application of the square footage cost that was applied by City to compute the fees stated above. Be Equipment. 1. ESI shall maintain the City-provide~ equipment, including: (a) that identified on the attached Exhibit B, made a part hereof by this reference; and (b) electrical components of prop controls, operations panels, and training equipment/systems which are part of the Facility, and shall return same to City at the end of the term of this Agreement in substantially the same condition as when received by ESI, reasonable wear and tear excepted. For lost or damaged equipment items, ESI shall repair or replace City-provided Equipment (listed on the attached Exhibit C, made a part hereof by this reference). 2. ESI shall provide and maintain the following equipment at its sole expense' a) Propane b) Props c) Sensors d) Controls C. Maintenance of Facility. ESI shall provide access to the Facility by City (for inspection purposes) during all normal operating hours (and otherwise by reasonable advance notice). 1) Janitorial services - ESI shall perform or cause to be performed janitorial services within the interior of the Facility, including trash removal, and cleaning of classroom, office, and common areas as required to maintain a neat and clean appearance in the Facility. To the extent any floor space is used by City (or a third-party through City), a pro-rata adjustment shall be made. 2) Utilities - ESI shall pay utilities directly. To the extent any floor space is used by City (or third party through City), a pro-rata adjustment shall be made. 3 9/22/98 3) Routine Maintenance: ESI shall perform or cause to be performed routine maintenance on all incorporated systems, including: waste water pre-treatment (prior to entering the municipal system); water supply; ventilation and air monitoring, propane plant and liquid propane systems, fire extinguisher charging systems, fire suppression and alarm systems (sprinklers), electrical, elevator systems, plumbing, heating, ventilation and air conditioning and air systems, emergency breathing systems, communication systems, self-contained breathing apparatus tanks, high pressure charging tanks, and the effluent building structure. This includes any preventive maintenance as may be recommended by manufacturer of system (with information to be supplied to ESI by City upon occupancy) and any emergency service calls. However, it shall be City's responsibility to schedule, at its sole cost, any inspections (annual or special) which may be required to comply or ensure compliance with any regulations. To the extent any floor space is used by City (or third party through City), a pro-rata adjustment shall be made for maintenance of those articles which are in common use. 4) Other Maintenance: Items which are beyond routine maintenance and which are non-emergency repairs to be performed by City shall require notice by ESI to City; emergency repairs may be performed'by ESI or a party performing at its request, so long as ESI notifies City as soon as possible of such repair(s). 5) Warranty Items. Upon discovery of defective workmanship, defective materials, or evidence of poor design, construction or installation, ESI shall inform City promptly of such item. 6) ESI shall invoice City for any pro-rata adjustments agreed to by the parties. D. Maintenance of Specialized Aircraft Fire Trainer ("SAFT"}. ESI shall be responsible to return the SAFT to City in substantially the same condition as existed at the commencement of the term of this Agreement, except for any damage which may be caused by (a) reasonable wear and tear; or (b) events not caused by negligent act or omission of ESI (including its agents, employees, customers and invitees). E. Maintenance of AARF/A-2000 ("Fuel Spill Trainer"). ESI shall be responsible to remm the A-2000 to City in substantially the same condition as existed at the commencement of the term of this Agreement, except for any damage which may be caused by (a) reasonable wear and tear; or (b) events not caused by negligent act or omission of ESI (including its agents, employees, customers and invitees). 4 9/22/98 F. Annual Strategic Plan. ESI shall draft an operating, plan no later than October 31 during each year of this Agreement, which plan shall set forth the anticipated use of the Center for the upcoming fiscal year. City shall be provided with a copy of the strategic plan. G. Cooperative Marketing Efforts, ESI shall work cooperatively with City to market the Fire Training Center, with the goal of attracting new business for the Center and to retain established clients. ESI will incorporate information and materials made available by City to enable ESI to promote local enterprises of potential interest to Center clients. H. Indemnification. ESI shall save or hold City hanuless from all actions, suits, liabilities, or damages resulting from or arising out of any negligent acts of commission or omission by ESI, its agents, employees, customers, invitees, or caused by ESI's occupation, operation, or use of the Facility, and to pay all costs connected therewith, including reasonable attorney's fees. Notwithstanding the fore stated provision, City shall save or hold ESI harmless from all actions, suits, liabilities, or damages to the extent resulting from or arising out any negligent acts of commission or omission by City's tenant, its agents, employees, customers, invitees (the "Tenant"), or caused by Tenant's occupation, operation, or use of the Facility, and to pay all costs connected therewith, including reasonable attorney's fees. I. Insurance. ESI shall obtain and maintain insurance, in mounts not less than those listed below, by insurance companies with acceptable industry ratings, so long as such company is not barred from insuring City assets. All policies or endorsement shall, where possible, name City as additional insured. ESI shall not commence to perform under this Agreement until all required insurance is in full force and effect. ESI shall provide City with certificates of insurance within thirty (30) days of the effective date of this Agreement. Comprehensive general liability combined single limit (death, bodily injury and property damage) Workers' Compensation $10,000,000.00 Statutory Minimum The insurance company shall provide thirty (30) day prior written notice by certified mail to City regarding any cancellation or amendment with respect to City's requirements. ESI expressly understands and agrees that any insurance protection furnished by ESI under this Agreement shall in no way limit its responsibility under this Agreement. 5 9/22/98 J. Compliance with ali applicable regulations. In performing under this Agreement, ESI agrees that it shall comply with all applicable local, state, and federal regulations pertaining to such performance. ESI shall not knowingly permit illegal activities to occur on the Center premises. K. Independent Contractor Status. ESI shall be deemed to be an independent contractor and shall be wholly responsible for the manner in which ESI performs the services required hereunder. Nothing contained herein shall be construed as creating an employment or agency relationship between City and ESI (for the purposes of this Section, ESI shall include its employees, agents, officers, directors, and subcontractors). ESI shall be solely responsible for the compensation (including benefits, if any) paid to said parties. ESI shall determine the appropriate personnel required to perform the duties described herein, and shall select, hire, supervise, and manage such personnel. L. Center Advisory Board. The goal of ESI is to be proactive and quickly respond to any concerns expressed by its client base. On a frequency of not less-than twice per year, ESI shall schedule meetings with the City of Kenai Fire Chief (or designee) and one or more client representative(s) from other outside agencies/clients utilizing the Site. The Board meetings shall be convened by ESI's local manager, with participation by other appropriate ESI management representatives. The agenda for the meeting shall be distributed by U.S. mail, postage prepaid, at least thirty (30) days in advance of the meeting date, and shall be held at the Facility's conference room, or other Facility location. All parties shall be invited to add items to the agenda by notice not fewer than fifteen (15) days prior to the date of the meeting. Each participant shall absorb the costs (if any) of their respective participation in Board activities. III. City shall perform the following duties throughout the term of this Agreement: A. Ingress and Egress. Provide ingress and egress to Facility for ESI, officers, employees, agents, and invitees. B. Exclusive use (except during government-declared local or area-wide emergencies): (1) of Center to ESI for hands-on training on aircraft and structural/industrial settings (including all assigned parking spaces (except four spaces which shall be reserved for third-party tenant) and unrestricted use of the unassigned parking spaces at Center); 6 9/22/98 (2) of Facility (including entire first floor and the following space(s) on the second floor: prop control room, orientation room, library, and non-exclusive use of the conference room, on a scheduled basis) to .ESI for classroom and hands-on training. City shall ensure that the use of the second floor space by any third party (non-government entity) is not incompatible with ESI's use of the Facility. C. Management Fee. City shall pay to ESI, a management fee for each year of ESI's operation of the Center, payable as follows' one-fourth (1/4) of fee on April 1 one-fourth (1/4) of fee on July 1 one-fourth (1/4) of fee on October 1 one-fourth (1/4) of fee on January 1 For the period from the commencement date to December 31, 1998, the fee shall be pro- rata based on an annual fee of twenty five thousand dollars ($25,000.00). Termination of this Agreement prior to the end of any fiscal year shall obligate City to pay a pro-rata fee equal to one-twelfth (1/12) of the then-current annual fee, times the number of months not previously paid ofESI's operation during the then-current fiscal year, in addition to any other fees, penalties, or obligations set forth in this Agreement. D. Payment Terms. City shall pay ESI charges pursuant to this Agreement Section II.C.6. above no later than thirty (30) calendar days following the invoice date. E. City Maintenance of Center Property. City shall provide all major maintenance of the Facility, non-potable water system (as well as systems to carry mn-off from the same), mechanical, electrical and plumbing systems and grounds keeping (including but not limited to landscaping, grass cutting) and snow removal on the access road and parking lot. F. Systems and Equipment. City shall be responsible for the refurbishment and/or replacement of incorporated Facility systems, except prop controls, operations panels, and any classroom training equipment, which shall be maintained in good working order by ESI. City shall provide the Equipment listed on the attached Exhibit C, made a part hereof by this reference, and ESI shall replace the equipment as necessary. G. Non-potable Water for Training. City shall provide (and maintain--routine and otherwise) adequate fire hydrants and/or other water delivery systems required to deliver non-potable water to the training sites around the Center, as well as the systems for carrying away the mn-off fi'om same. 7 9/22/98 H. Cooperative marketing efforts. City shall work cooperatively with ESI to market the Fire Training Center, with the goal of attracting new business for the Center and to retain established clients. City will ensure the availability of information and materials to enable ESI to incorporate sales, public relations, and local tourism by Center clients. I. Strategic Plan Review. Not later than October 1 of each year during the term of this Agreement, City shall provide to ESI its anticipated training needs for the following fiscal year for inclusion in ESI's strategic plan. Not later than. December 1 of each year. during the term of this Agreement, City shall review and Comment to ESI on the ESI strategic plan for the upcoming year of Center activities. J. Training Vehicles. City shall provide the training vehicles listed on Attachment A, made a part hereof by this reference, at no charge to ESI, for use in ESI's performance hereunder. City shall ensure that the vehicles receive routine service maintenance, annual factory service, and any applicable certifications. City shall provide automobile liability insurance with an insurance company with an acceptable industry rating in the amount of not less than one million dollars per occurrence. City shall provide ESI a certificate of insurance naming ESI as additional insured on such policy. K. Exclusivity. In recognition of the extraordinary investment of time and resources by ESI and City to develop a comprehensive training site, during the term of this Agreement, City shall not contract with nor grant to any third party the fight to provide fire training services for Kenai on the Center's site, unless such training services are being provided to an audience which includes only person(s) employed by the City of Kenai. Furthermore, throughout the term of this.Agreement, no fire-related training on the Site shall be scheduled independently by City without prior coordination with the ESI local manager. L. License Applications. City shall assist ESI by providing any information which may be reasonably required by ESI to obtain permits or licenses, or to otherwise comply with local, state, or federal regulations. IVy. Miscellaneous. 1. Assignment: Neither party may assign this Agreement to another party without the prior written permission of the other party, which shall not be unreasonably withheld, except that assigtmaent to a related entity (for City, a local, state, or federal agency and for ESI, a parent, affiliate, or subsidiary) shall not require such approval from the other party. However, no assigsmaent shall relieve the original contracting party from its obligations hereunder, and the assignee shall be subject to all terms and conditions of this Agreement. e Default. Right to Cure, and Termination. 8 9/22/98 A. Termination. This Agreement may not be terminated, except if such termination occurs under the conditions set forth herein. If either party fails in the observance of performance of any of its covenants and obligations provided for in this contract, the other party may, by written notice, give sixty (60) days after receipt of notice to cure such deficiency. If the defaulting party fails to cure the deficiency within this time, it shall be in default under this Agreement. Notwithstanding the above, if the deficiency is such that it cannot reasonably be cured within sixty (60) days, the contract shall not be in default so long as the defaulting party begins work to cure the deficiency within the sixty (60) day period and diligently prosecutes performance of such work or obligation in good faith to completion within a reasonable time. The Lease and this Agreement are hereby bound together and termination of one shall invoke a termination of the other. C. Fundine Shortfall. The City may terminate this Agreement at any time in the event that there are insufficient lawfully appropriated funds for the operation of the Center, without affecting City's obligation to pay all management fees then accrued and owing, provided that, (a) City shall give sixty (60) days notice of such termination, and (b) due to the advance bookings which ESI may have for the Center, at the sole election of ESI, ESI may continue to operate the Center without the Management fee, providing training to Center clients and to City trainees (however, during funding shortfall periods, training of City trainees shall be at a cost negotiated with City prior to such training); © if such fimds should be appropriated prior to the original expiration date of this Agreement, ESI shall be entitled to reinstate this Agreement as if no interruption had occurred. D. Accrued Fees. Upon termination of this Agreement by either party, for any reason whatsoever, the parties shall pay to one another fees accrued through the date of termination; but the payment and a. cceptance of such sums by either party shall be without prejudice to claims by either party for damages arising out of the breach by the other party of this Agreement, including wrongful termination. E. Return of Property_. If, at the time of termination, either party has in its possession fimds or other property of the other party, such property shall be returned to the owner immediately, but not later than thirty (30) days following receipt of written notice. F. Rights and Remedies. The fights and remedies of the parties contained in this section are not exclusive and are in addition to all other remedies available to the parties at law or in equity. G. NOn-waiver. The failure of either party at any time to enforce a provision of this Agreement shall in no way constitute a waiver of the provision, nor in any way affect the validity of this Agreement or any part hereof, or the fight of such party thereafter to enforce each and every provision hereof. 9 9/22/98 H. Amendment. This Agreement may be amended only by written agreement executed by the parties. I. Choice of Law. The laws of the State of Alaska shall govern the rights and obligations of the parties under this Agreement. Any action commenced under this Agreement shall be filed in the Third Judicial District at Kenai, Alaska. J. S.everability. Any provisions of this Agreement decreed invalid by a court of competent jurisdiction shall not invalidate the remaining provisions of this Agreement, unless such provision is reasonably considered by either party to have a material impact on the financial or operating control of the Center. Should either party reasonably consider an invalidated provision to be material, either party may terminate this Agreement with ninety (90) days prior written notice, Subject to all other termination provisions set forth herein or in the Lease. 10 9/22/98 K. Notices. All notices required by this Agreement shall be in writing and shall be sufficiently given and served upon the other party if sent by registered or certified United States mail, postage prepaid, and addressed as follows: IF SENT TO CITY: City Manager City of Kenai 210 Fidalgo Avenue, Suite 200 Kenai, AK 99611-7794 or at such other place as the City may, from time to time, designate by notice to ESI. IF SENT TO ESI: AAI Engineering Support, Inc. York Road at Industry Lane P. O. Box 1108 Hunt Valley, MD 21030-1108 IF SENT TO OCCUPANT: Dave Bumett, Director ESI 450 Marathon Road Kenai, Alaska 99611 or at such other place as ESI may, from time to time, designate by notice to City. L. Force Maieure. Except as otherwise provided, neither party shall be obligated to perform hereunder, and neither shall be deemed to be in default, to the extent its respective performance is prevented by fire, earthquake, flood, act of God, strike, picket, or boycott of the Center, riot, civil commotion, or other matter or condition beyond the control of the parties, including the unavailability of sufficient fuel or energy to operate the Center, or any law, ordinance, role, regulation, or order of any public or military authority stemming fi'om the existence of economic controls, riot hostilities, war or governmental law and regulation. M. Integration. This Agreement and all incorporated attachments and appendixes hereto embody the entire agreement of the parties relating to the services to be provided hereunder. There are not promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations, or agreements, either oral or written, between the parties. 11 9/22/98 IN WITNESS WHEREOF, the p .a[ties have caused this Agreement to be executed on the day and year first above written. PASSED and APPROVED by. the City Council of the City of Kenai, Alaska on the ~ day of ~¢~0~199_~. CITY OF KENAI Richard A. Ross, City Manager AAI ENGINEERING SUPPORT, INC. By: ATTEST: Carol L. ~'eas, City Clerk APPROVED AS TO FORM Cary R. Graves, City Attorney STATE OF ALASKA THIRD JUDIC~ DISTRICT 12 9/22/98 THIS IS TO CERTIFY that before me the undersigned Notary Public, on the ~"7~day of ~-/¢~m.~ , 199~,'RICHARD A. ROSS, being personally known to me appeared before me and acknowledged the voluntary and authorized execution of the foregoing Operating Agreement for the municipal corporation named and in the capacity indicated in the execution thereof. STATEOF~~~ ) NOTARY PUBLIC for State of Alaska My Commission EXpires· ,.~f/,),/'~ ,I~ IS TO CERTIFY that before me the undersigned Notary Public, on the day of 5~. ,199~_, personal.12/appeared ff~-~q~tJ being personally known to m~ to be the .~--OAI~/~0t. t4~ , - aclmowled, tg?,d.d to me that he signed the foregoing Operating Agreement for and on behalf of ~/.ql/~/~t~'l~ltg for the uses and/~~~~l~rein,.~.r ~ mentioned. for the~ta~e of Maryland STATE OF A.LA: THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that before me the Undersigned Notary Public, on the _,~'-day of ~~ b~g~- , 199ff___, RICHARD A ROSS, being personally known to me, appeared before me and acknowledged the voluntary and authorized execution of the foregoing Operating Agreement for the municipal corporation named and in the capacity indicated in the execution thereof. NOTARY PUBLIC for State of Alaska My Commission Expires' ?~~./~_,,_~ dj 13 9/22/98 STATE OF MARYLAND _ . ~ ) JUDICIAL DISTRICT ) THIS..IS TO CERTIFY_ that before me the undersigned Notary Public, on the dayof J~l.' . of , 1998, personally apl~eared f~~-.,}} ~5/N~~eing personally know to me to be the d.O~~~ acknowledged to me t.h.at..he signed the foregoing Operating Agreement for and on behalf of the ,~' t2e6/~~ ~od , for the uses and purposes therein mentioned. ,5//,~,~}~ da/t~," -i gOffiA~'~r'PL~LIC for thj~t~.e °~Maryl.and Commission Expires: /'/f/Z] ,.. 1, ]f.~,~ 14 9/22/98 A subsidiary, of United Inclustnal Corporation AAI/Engineering Support Inc. E O. BOX 1108 · HUNT VALLEY, MD 21030-1108 September 30, 1998 Mr. Rick Ross City Manager City of Kenai 210 Fidalgo Avenue, Suite 200 Kenai, AK 99611-7794 ' 'RECEIVEd .... 0CI I 1~ Rick: Concerning the management agreement: ESI agrees that it will not use upper floor areas for administrative purposes. This letter will be attached to the contract. Sincerely, Francis X. Reinhardt Chief Financial Officer AAI/Engineering Support, Inc. T~: 410-667-7170 Fax: 410-667-71~ Exlxe~ Deliveri~: AAI Engin~r~ Su~ In~ 300 Clu~ Road Hunt V~lley, MD 21031-1305 ISO 9001 Certified CiTY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ October 9, 1998 Francis Reinhardt, Chief Financial Officer AAI/Engineering Support, Inc. P.O. Box 1108 Hunt Valley, MD 21030-1108 Dear Mr. Reinhart: As we discussed on October 8, I have filled in the date November 6 at the top of page two of the Agreement and initialed the change. - Council approved the contract subject to that correction. Attached is your copy. Sincerely, CITY OF KENAI City Manager Attachment RAR/kh .o CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ September 19, 2001 Francis Reinhardt, Chief Financial Officer AAl/Engineefing Support, Inc. P. O. Box 1108 Hunt Valley, MD 21030-1108 RE' Management/Operations Agreement for City. of Kenai Fire Training Facility Dear Mr. Reinhardt: We have identified the documents that were meant to be attachments to the Management/Operations Agreement dated October 8, 1998. The attachments are referenced on Page 3 of the agreement in Paragraph IIB. I enclose copies of the documents, which are' Exhibit B: Acknowledgement of Receipt of Equipment by ESI, Inc. dated December 9, 1998 and signed by Dave Bumett, Director, for ESI, Inc. and Jason Elson, Fire Chief for the City of Kenai. Exhibit C: Equipment List--Industrial~Structural Training Please attach these exhibits to your copy of the Management/Operations Agreement. If you have questions, feel free to call me at (907) 283-8224. Sincerely, CITY OF KENAI City Attorney CRG/sp cc' ~n'da L. Snow, Kenai City Manager Scott Walden, Kenai Fire Chief Dave Bumett, Director of ESI, Inc. (Kenai) ACKNOWLEDGEMENT OF RECEIPT OF EQUIPMENT BY ESI, INC. I, Dave Bumett, Director of ESI, Inc. in Kenai, do hereby acknowledge receipt of the following equipment pursuant to the terms of the Management/Operations Agreement of October 8, 1998 between the City of Kenai and Ag.I Engineering Support, Inc.: le Emergency-One Titan 4x4 1500 gallon Aircrat~ Rescue and Firefighting Vehicle; and e Emergency-One Titan HPR 8x8 3000 gallon Aircraft Rescue and Firefighting Vehicle with Snozzle. I fimher acknowledge that the vehicles are in good operating condition and without visible damage. DATED this day of December 1998. ESI, Inc. Dave Bumett, Director i. ty of Kenai !ason Elson, Fire Chief ACKNOWLEDGEMENT Page 1 of 1 ~ "?.~.~- EQUIPMENT LIST Industrial/Structural Training HOSE: 1.75" hose (50 ft lengths) (20 sections) 1,000 ft. 1.5" hose (50 f[ lengths) (12 sections) 500 ft. 2.5" hose (50 ii lengths) (12 sections) 500 ff. 3" hose (50 f[ lengths) (12 sections) 500 ft. 5" hose (100 ff lengths) (3 sections) 300 ft. 5" suction hose (25 f[ ea.)(2 sections) 50 ft. APPLIANCES: Master Stream Device Nozzles (6) Nozzles (2) Hydrant Gate Valves (2) Gated Wye (2) Gated Wye (2) Reducers (4) Double Male (2) Double Female (2) (1) 750 GPM min. 1.5" adjustable 2.5" adjustable 2.5" 2.5" to 1.5" 2.5" to 2.5" 2.5" to 1.5" 2.5': 2.5" LADDERS: Extension Ladder (1) Extension Ladder (1) Roof Ladder (2) Attic Ladder (2) 35ff. 24ff. 14ft. 10ft. BUNKER GEAR: Air Packs Spare SCBA Bottles Coats Pants Boots Helmets Suspenders Nomex Hoods Gloves Flash Lights PASS Devices (16) complete sets [bottles, packs, masks, etc.] (20) (20) (20) pairs (20) (20) (20) NOTE: expendable item, replace as needed (40) Pairs (20) (16) TOOLS: Fold- A- Tanks Pos. Press. Fans Ventilation Saw Rescue Training Dummy Salvage Covers Pitot Kit Spanner Wrenches Hydrant Wrenches Rubber Mallets Pike Poles Pike Poles Sprinkler Plugs Floor Brooms Squeegees Axes Axes Water Vac Stokes Basket Hose Rollers Pry Bars Halligan Tools Piercing Nozzle Atmosphere Monitors Confined Space Kit Safety Harnesses/Belts Hose Clamp Hose Clamp Hose Straps Rescue Rope Safety Rope Pulley (for Rescue Ropes) (1) (1) (1) (2) (6) (1) (12) (6) (6) (2) 6 ft (2) 8 ft (4) (4) (4) (3) pick head (3) regular head (1) (1) with harness (2) (2) (2) (1) (2) (1) (4) (1) Average Hose (1) Large Diameter Hose (12) (2) 200 ft each (2) 200 ft each (5) various sizes/types Cary R. Graves City Attorney CITY OF KENAi 210 Fidalgo Avenue Suite 200 Kenai, Alaska 99611-7794 283-3441 FAX 283-3014 LEASE OF CITY LANDS That the City,' in consideration of the payments of the rents and performance of all the covenants herein contained by the Lessee, does hereby demise and lease to the Lessee the following described property- A portion of Lot 3, Block 17, Original Townsite of Kenai, located in the Kenai Recording District, Third Judicial District, State of Alaska, more specifically described as the building known as the Fine Arts Center, along with the grounds beneath such building and so much of those grounds immediately adjacent to such building as will provide ingress and egress to and from such building and access to all portions of the exterior of the building for purposes of repair and maintenance. A. PURPOSE: The purpose for which the Lease is issued is to provide the Kenai Arts & Humanities Council a building to house the Fine Arts Center for the benefit of the local community. B. TERM- The term of this Lease is for five years, commencing on the 1st day of July, 1995, to the 30th day of June, 2000. C. RENTAL PAYMENT- Rental for the above-described land shall be payable as follows: 1. The annual rental rate shall be one dollar 2. Annual rent for the fiscal year beginning July 1 and ending June 30 shall be payable in advance on or before the first day of July of each year. 3. In addition to the rents specified above, Lessee agrees to pay to the appropriate parties all levies, assessments, and charges as hereinafter provided: Lessor- Lessee- THIS AGREEMENT, entered into this J~~ day of , 1995, by and between the CITY OF KENAI, 210 Avenue, Suite 200, Kenai, Alaska 99611-7794, a home-rule icipal corporation of Alaska, hereinafter called "City", and KENAI ARTS & HUMANITIES COUNCIL, P.O. Box 822, Kenai, Alaska, hereinafter called "Lessee". 769 (a) Taxes pertaining to the leasehold interest of the Lessee. (b) Sales tax now enforced or levied in the future computed upon rent payable in monthly installments whether rent is paid on a monthly or yearly basis. (c) Lessee agrees to pay all taxes and assessments levied' in the future by the City of Kenai, as if Lessee was considered the legal owner of record of the leased property. (d) Interest at the rate of eight percent (8%) per annum and ten percent (10%) penalties of any amount of money owed under .this Lease which is not paid on or before the date it becomes due. D. GENERAL COVENANTS: 1. USES- Except as provided herein, any regular use f lands or facilities without the written consent of the City is prohibited. This prohibition shall not apply to use of areas designated by the City for specified public uses, such as passenger terminals, automobile parking areas, and streets. 2. USES NOT CONTEMPLATED PROHIBITED- Use of the premises, other than as specifically set forth above, without the written consent of the City, is prohibited. 3. COSTS AND EXPENSES- Costs and expenses incident to this lease, including but not limited to, recording costs shall be paid by Lessee. 4. TREATMENT OF DEMISE: The Lessee agrees to keep the premises clean and in good order at its own expense, allowing no damage, waste, nor destruction thereof, nor removing any material therefrom, without written permission of the City. At the expiration of the term fixed, or any sooner determination of the Lease, the Lessee will peaceably and quietly quit and surrender the premises to the City. 5. PAYMENT OF RENT' Checks, bank drafts, or postal money orders shall be made payable to the City of Kenai and delivered to the City Administration Building, Kenai, Alaska. 6. CONDITION OF PR_EMISES: The premises demised herein are improved and are leased on an "as is, where is" basis. Cary R. Graves City Attorney CITY OF KENAI 210 Fidalgo Avenue Suite 200 Kenai, Alaska 99611-7794 283-3441 FAX 283-3014 Lessor · Lessee: 770 7. RIGHT OF INSPECTION: City shall have the right at all reasonable times to enter the premises, or any part thereof, for the purposes of inspection. 8. INDEMNIFICATION AND INSURANCE: Lessee covenants to save the City harmless from all actions, suits, liabilities, or damages resulting from or arising out of any acts of commission or omission by the lessee, his agents, employees, customers, invitees, or arising from or out of the Lessee's occupation, or use of the premises demised, or privileges granted, and to pay all costs connected therewith. Lessee, at the expense of Lessee, shall keep in force, during the term of this agreement, insurance issued by responsible insurance companies authorized to do business in Alaska, in forms, kinds and amounts as determined and directed by the City for the protection of City and/or Lessee. Insurance requirement hereunder shall be subject to the sole determination of the City. Said insurance may include, but need not be limited to insurance coverages commonly known as, or similar in kind to, public liability, products liability, property damage, cargo, aircraft, fire, workmen's compensation, comprehensive, builders risk, and such other insurance coverage as deemed required in the sole determination .of the City. All policies or endorsements thereto shall in all cases where possible name City as Additional Named Insured thereunder and shall contain a waiver of subrogation against the City. Upon approval by City of all insurance required, in the forms, kinds and amounts directed to be procured, Lessee shall deliver all policy originals or duplicate originals and endorsements thereto to the City for incorporation within this agreement as attachment thereto. In any event, Lessee is not to commence to exercise any of the rights and privileges granted under this agreement until such time as all insurance directed and required to be furnished by Lessee is in full force and effect. Lessee expressly understands and agrees that any insurance protection furnished by Lessee hereunder shall in no limit its responsibility to indemnify and save harmless Lessor under the provisions of this agreement. No policy of insurance shall be canceled or amended with respect to the City without thirty (30) days itten notice by registered or certified mail to City by the insurance company. Cary FI. Grave~ City Altomey CITY OF KENAI 210 Fidalgo Avenue Suite 200 Kenai, Alaska 99611-7794 283-3441 FAX 283-3014 Lessor: Lessee: Until otherwise directed in writing by the City , Lessee shall provide certificates of insurance within thirty (30) days of the date hereof as follows: Comprehensive General Liability Combined Single Limit (Bodily Injury and Property Damage): $500,000 Workmen's Compensation- Statutory Limits Notwithstanding anything to the contrary, if Lessee fails or neglects to secure required insurance or if said policy or policies are terminated, altered, or. changed in any manner not acceptable to the City, then and in that event this lease may be canceled and terminated, without penalty, on five (5) days written prior notice to Lessee. 9. EASEMENT GRANTS RESERVED: City reserves the right to grant and control easements in, or above the land leased. No such grant or easement will be made that will unreasonably interfere with the Lessee's use of the land, and 'Lessee shall have free access and use of any and all parking and loading rights, rights of ingress and egress now or hereafter appertaining to the leased premises. 10. LEASE SUBORDINATE TO FINANCING REQUIR_EM_ENTS: Lessee agrees that City may modify this Lease to meet revised requirements for Federal or State grants, or to conform to the requirements of any revenue bond covenant. However, the modification shall not act to reduce the rights or privileges granted the Lessee by this Lease, nor act to Cause the Lessee financial loss. 11. SURRENDER ON TERMINATION: Lessee shall, on the last day of the term of this Lease or upon any earlier termination of this Lease, surrender and deliver upon the premises into the possession 'and use of City without fraud or delay in good order, condition, and repair, except for reasonable wear and tear since the last necessary repair, replacement, restoration or renewal, free and clear of all lettings and occupancies unless expressly permitted by the City in writing, and free and clear of all liens and.encumbrances !other than those created by and for loans to City. Upon the end of the term of this Lease or any earlier termination thereof, title to the buildings, improvements and building equipment shall automatically vest in City without requirement of any deed, conveyance, or bill of sale thereon. However, if City should require any such document in confirmation hereof, Lessee shall execute, acknowledge, and deliver the same and Cary R. Graves City Attorney CITY OF KENAI 210 Fidalgo Avenue S~te 200 Kenai, Alaska 99611-7794 283-3441 FAX 283-3014 Lessor: Lessee: shall pay any charge, tax, and fee asserted or imposed by any and all governmental units in connection herewith. 12. AIRCRAFT OPERATIONS PROTECTED' (a) There is hereby reserved to the City, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface and all improvements approved by the City of .the premises herein conveyed, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft, now or hereafter used for navigation of or flight in the air, using said airspace for landing at, taking off from, or operating on the Kenai Airport. (b) The Lessee by accepting this conveyance expressly agrees for itself, its representatives, successors, and assigns, that it will not erect nor permit the erection of any structure or object, nor permit the growth of any trees on the land conveyed hereunder, which would be an airport obstruction within the standards .established under the Federal iation Administration Regulations, Part 77, as amended. In the event the aforesaid covenant is breached, the City reserves the right to enter on the land conveyed hereunder and to remove the offending structure or object, and to cut the offending tree, all of which shall be at the expense of the Lessee or its heirs, successors or assigns. 13. NO PARTNERSHIP OR JOINT VENTURE CREATED: It is expressly understood that the City shall not be construed or held to be a partner or joint venturer of Lessee in the conduct of business on the demised premises; and it is expressly understood and agreed that the relationship between the parties hereto is, and shall at all times remain landlord and tenant. 14. NONDISCRIMINATION: The Lessee, for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land, that: (a) No person on the grounds of race, color, or national origin shall be excluded from.participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities; (b) In the construction of any improvements on, over or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation, Cary R. Graves City Attomey CITY OF KENAI 210 F'~lalgo Avenue S~te 200 Kenai, Alaska 99611-7794 283-3441 FAX 283-3014 Lessor.- Lessee: denied the benefits of, or otherwise be subjected to discrimination; (c) The Lessee shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination. in Federally-assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. (d) In the event facilities are constructed, maintained, or otherwise operated on the said property described in this Lease, for a purpose involving the provision of similar services or benefits, the Lessee shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. 15. MODIFICATIONS: The lease may not be modified ly or in any manner other than by an agreement in writing, signed by all parties in interest or their successors in interest. Any such modification shall require Council approval. 16. RIGHT TO ADOPT RULES: City reserves the right to adopt, amend, and enforce reasonable rules and regulations 'governing the demised premises and the public areas and facilities used in connection therewith. Except in cases of emergency, no rule or regulation hereafter adopted or amended by the City shall become applicable unless Lessee has been given thirty (30) days notice of adoption or amendment thereof. Cary R. Graves City Attomey CITY OF KENAI 210 Rdalgo Avenue Suite 200 Kenai, Alaska 99611-7794 283-3441 FAX 283-3014 17.. COMPLIANCE WITH LAWS- Lessee shall comply with all applicable laws, ordinances, and regulations of public authorities now or hereafter in any manner affecting the leased premises or the sidewalks, alleys, streets, and ways adjacent thereto or any buildings, structures, fixtures and improvements or the use thereof, whether or not any such laws, ordinances, and regulations which may be hereafter enacted involve a change of policy on the part of the governmental body enacting the same. Lessee agrees to hold City financially harmless- (a) From the consequences of any violation of such laws, ordinances, and/or regulations; and Lessor-~~ Lessee: . 774 (b) From all claims for damages on account of injuries, death, or property damage resulting from such violation. (c) Lessee further agrees it will not permit'any unlawful occupation, business, or trade to be conducted on said premises or any use to be made thereof contrary to any law, ordinance, or regulation as aforesaid with respect thereto, including zoning ordinances, rules and regulations. 18. CARE OF PREMISES: Lessee, at its own cost and shall keep the leased premises, all improvements which at any time during the term of this Lease may be situated thereon, and any and all appurtenances thereunto belonging, in good condition and repair during the entire term of this Lease. 19. LESSEE'S OBLIGATION TO REMOVE LIENS: Lessee will not permit any liens including, but not limited to, mechanics' laborers' or materialmen's liens obtainable or available under the then existing laws, to stand against the leased premises or improvements for any labor or material furnished to Lessee or claimed to have been furnished to Lessee or to the Lessee's agents, contractors, or sublessees, in connection with work of any character performed or claimed to have been performed on said premises or improvements by or at the direction or sufferance of Lessee, provided, however, Lessee shall have the right to-provide a bond as contemplated by Alaska law and contest the validity or amount of any such lien or claimed lien. On final determination of such lien or such claim for lien, Lessee will immediately pay any judgement rendered with all proper costs and charges and shall have such lien released or judgement satisfied at Lessee's own expense. 20. NOTICES- (a) Any notices required by this Lease shall be in writing and shall be deemed to be duly given only if delivered personally or mailed by certified or registered mail in a prepaid envelope addressed to the parties at the address set forth in the opening paragraph of this lease unless such address has been changed pursuant to sub-paragraph (b) hereafter, and in that case shall to the most recent address so changed. Any notice so mailed shall be deemed delivered on the date it is deposited in a U.S. general or branch post office. Cary R. Grave~ City Attomey CITY OF KENAI 210 Fidalgo Avenue St~te 20O Kenai, Alaska 99611-7794 283-3441 FAX 283-3014 The City shall also mail a copy of any notice given to the Lessee, by registered or certified mail, to any Lessor: Lessee: leasehold lender (mortgagee, beneficiary of a deed of trust, security assignee) who shall have given the City notice of such mortgage, deed of trust, or security assignment. (b) Any such addresses may be changed by an appropriate notice in writing to all other parties affected provided such change of address is given to the other parties by the means outlined in paragraph (a) above at least fifteen (15) days prior to the giving of the particular notice in issue. 21. WRITTEN WAIVER: The receipt of rent by the Lessor with knowledge of any breach of the Lease by the Lessee, or any default on the part of the Lessee in observance or Performance of any of the conditions or covenants of the Lease, shall not be deemed to be a waiver of any provisions of the Lease. No failure on the part of the Lessor to enforce any covenant or provision therein contained, nor any waiver of any right thereunder by the Lessor, unless in writing, shall discharge or invalidate such covenants or provisions, or affect ~the right of the Lessor to enforce the same in the event of any subsequent breach or default. The receipt, by the Lessor, of any rent or any other sum of money after the termination, in any manner, of the term therein demised, or after the giving of the Lessor of any notice thereunder to effect such termination, shall not reinstate, continue, or extend the resultant term therein demised, or destroy, or in any manner impair the efficacy of any such notice of termination as may have been given thereunder by the Lessor to the Lessee prior to the receipt of any such sum of money or other consideration, unless so agreed to in writing and signed by the Lessor. 22. BUILDING AND ZONING CODES' Leased lands shall be utilized in accordance with the building and zoning ordinances and rules and regulations of said authority. Failure to do so shall constitute a default. 23. NOTICE OF CONSTRUCTION: Lessee agrees to notify the City in writing three days prior to commencing any construction project valued in excess of $500.00 upon the y. Lessee agrees to assist in the posting of a notice of non-responsibility and maintenance of the notice upon the y during construction. Lessee agrees that in the event of the Lessee's failure to notify the City as provided above, Lessee shall indemnify the City against any materialmen's liens as defined in AS 34.35.050 which arise as a result of construction upon the premises. Cary R. Grave. City Altomey CITY OF KENAI 210 Fidaigo Avenue S~dh~ 200 Kenai, Alaska 99611-7794 283-3441 FAX 283-3014 Lessor: Lessee: IN WITNESS WHEREOF, the parties hereto have hereunto set ir hands, the day and year stated in the individual ~e~..~?~s~ below. '9 JUN 13 Plq 12 2Z OF ALASKA ) )ss RD JUDICIAL DISTRICT ) CITY OF KENAI Thomas J/. Manninen City Manager LESSEE: ....~,,,:.,,.T. HI,~S IS TO.CERTI~FY that on this ~ ~-~day of ~ , '..9.95,. ~//~,.?~/~k~/~~~_ , being Personally-.kno%~h to me .... ing..'~~duced satisfactory evidence of identification, ~b~fore me and acknowledged the voluntary and authorized .... -'O~'.'.the foregoing instrument. Notary PubZic for Alaska .xpi e - Cary R. Gmvd~ ' City Attorney - CITY OF KENAI 210 Fidalgo Avenue Suite 200 Kenai, Alaska 99611-7794 283-3441 FAX 283-3014 TATE OF ALASKA ) )ss JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this ~~ay of ~ , 995, THOleS J. I~M~NINEN, City Manager of the City of ~nai, .laska, being personally known to me or having produced ~atisfactory evidence of identification, appeared before me and ~cknowledged the voluntary and authorized execution of the oregoing instrument on behalf of said City. .. · .~ · ~.':~:,, - -,'.,. ..;. ~ · .. .. L EASE S %, C,! ~.Y LAND ~:'A R'T · . .. My Commission Expires- ?~~//~~ Lessor: Lessee: · · · · . LEASE OF BUILDING & GROUNDS .. , .o This AGREEMENT, entered into this //~~ay of June, 1980, by and between the CITY OF KENAI, P.O. Box 580~ Kenai, Alaska 99611, a home- :rule municipal corporation of Alaska, hereinafter called "City", and the Kenai Historical Society, Inc., P.O. Box 1348, Kenai, Alaska 99611, a 'non-profit corporation of the State of Alaska, hereinafter called "Lessee". That the City, in consideration of the payments of the rents and ~lthe performance of all the covenants herein contained by the Lessee, does i hereby lease to the Lessee the building located on Lot 3, Block 17, of the ~Original Townsite of Kenai, Kenai Recording District, which formerly housed !the Kenai Community Library, along with the grounds beneath such building 'and so much of those grounds immediately adjacent to such building as will ,provide ingress and egress to and from such building and access to all 'portions of the exterior of the building for purposes of repair and 'maintenance. l. The term of this lease is for one (1) year, commencing on the 16th day of May, 1980. This lease shall continue after May 15, 1981, !as a tenancy at will, subject to cancellation by either party on 30 days iwritten notice to the other at the address .set forth above except that 'if either party gives the other a written notice of change of address, any notices thereafter will be given at the latest address so noticed. 2. Rent under this lease from May 16, 1980, until cancellation shall be $1.00 payable within 20 days after execution hereof. 3. Lessee covenants to maintain the premises in good repair and to comply with all applicable building, fire, health and safety or other i applicable codes, ordinances or regulations. ~ 4. City agrees that it will maintain insurance coverage on the ~demised buildino in such kind and amount as the City shall deem necessary i or advisable' Any coverage necessary for contents of the building will be i arranged and paid for by Lessee or shall be by special agreement with City. ! 5. Lessee agrees that it shall pay fuel costs, utilities, and i services necessary to properly.heat and service the demised building, including but not limited to ~a~, electricity, water and sewer, telephone, i refuse collection and janitorial services. · ~ 6. The purpose for which this lease is made is as follows' Community activities, including meetings and special events of Lessee and other non-profit organizations 7. Lessee at its sole discretion may allow sublease or use of the building by other non-profit organizations for the conduct of community ~activities for periods of time not to exceed 48 hours. ,I 8. Use of the demised premises for any purposes other than those ;iset out in paragraphs 6 and 7 above, including subleases for more than 48 hours, shall be made only with the written permission of the Council of the i City of Kenai. '1 9. Rates for use of the demised building by other groups as determined ~by Lessee, excepting reasonable charges for janitorial services and maintenance, shall require the approval of the Council of the City of Kenai. 10. Lessee covenants that it will not conduct or allow to be conducted any activity or operation on the demised premises which will not be in icompliance with the Kenai Municipal Zoning Code, Chapter 21.76 of the Kenai Peninsula Borough Code of Ordinances. · i ll. Lessee shall make no structural alterations to the demised i building without prior written consent of the City. -i 12. Lessee may not assign its interest in this lease. 13. Lessee may not refuse, withhold from, or deny to any person any services, goods, facilities, advantages or privileges because of sex, .marital status, changes in marital status, pregnancy, parenthood, race, religion, color or national origin nor may Lessee publish, circulate, issue, display, post or mail a written or printed communication, notice or advertisement which states or implies that any services, goods, facilities, · advantages or privileges will be refused, withheld from or denied to any i person because of sex, marital status, changes in marital status, pregnancy, parenthood, race, religion, color or national origin. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands, the day and year stated in the individual acknowledgments below. LESSOR' CITY OF KENAI //om .... By: -r~?r m J Br~ LESSEE' ~er KENAI HISTORICAL SOCIETY, INC. STATE OF ALASKA THIRD JUDICIAL DISTRICT ) )ss ) Before me, the undersigned, a Notary Public in and for the State of Alaska, ~on this day personally appeared WILLIAM J. BRIGHTON, City Manager of the City 'of Kenai, known to be the person who executed the above Lease and acknowledged 'that he had the authority to sign the same, for the purposes stated therein. SE^ . ,is , 19 ,~¢ . ~,/? /~// ....... ,,? .......... ',,. '~ /~.,.~ ~~' .~ ,, ~ ~ ~ ,',' -,/ '~./~ . ~" Notary/Public in and for My C~ission Expires:~'__ .~ ,2" .... ...tlSxx,.-~ I STATE OF ALAS~ ) .?: r,,,, ,,,.,. ,-,k,,,~ ,. :...%..,~.,~,~..~', .',,~ . THIRD JUDICIAL DISTRICT ) ... Before me, the undersigned, a Notary Public in and for the State of Alaska, on this day personally appeared ROGER MEEKS, President, Kenai Historical Society, Inc., known to be the person who executed the above' Lease and. acknowledged that he had the authority to sign the same fo~?~".:~'~r~es ~ .,,.. . stated therein. ~ ? ,-' ..:,?.',__. -.?. ~. ~; , U,DE ,,,D SEAL O ICE, N~~Public in and fofil,~~....5~". My Co~ss~on L~SE, Page Two STANDARD FORM ;) FEBRUARY 1965 EDITION GENERAL SERVICES ADMINISTRATION FPR (41 CFR) 1-16.601 DATE OF LEASE · U.S. GOVERNMENT LEASE FOR REAL PROPERTY iLEASE NO. DTFAO4-83-L-83003 THIS LEASE, made and entered into this date by and between City of Kenai whose adcLress is 210 Fidalgo Street Kenai, Alaska 99611 and whose interest in the property hereinafter described is that of owner/lessor hereinafter called the Lessor, and the UNITED STATES OF AMERICA, hereinafter called the Government: WITNESSETH: The parties t~ereto for the considerations hereinafter mentioned, covenant and agree as follows: 1. The Lessor hereby leases to the Government the following described premises: Lot 7A, Block 2 of the F.B.O. Subdivision Kenai, Alaska Containing 2.066 acres more or less to be used for Automated Flight Service Station (AFSS) 2. TO HAVE AND TO HOLD the said premises with their appurtenances for the term beginning on · Date o f bene f ic ia I ..o..c..c...u.p..a..n..qy. ....... through ...S..o.p.t:.e..nl.b..e..r....~.0..,...J, 9..8.7. ........... subject to termination and renewal rights as may be hereinafter set forth. 3. The Government shall pay the Lessor annual rent of $ ..... 1....0.0 .................................................................. at the rate of $ .... .1....0.0. .......................................... per ........... y..¢~' ................................................ in arrears. Rent for a lesser period shall be prorated. Rent checks shall be made payable to' 4. The Government may terminate this lease at any time by giving at least ...... .3.6.0. .............. days' notice in writing to the Lessor and no rental shall accrue after the effective date of termination. Sa~d notice shall be computed commenc- ing wi'th the day after the date of mailing. ,, 2-106 6. The Lessor shall furnish to the Government, as part of the rental consideration, the following. a, Heating, Air Conditioning and Mechanical Ventilation as defined in Paragraph 101 of SFO DTFA04-83-L-83003. - b. Maintenance: Provide complete structural maintenance, including the roof and exterior painting. Provide complete maintenance for the Heating/Air Conditioning system,-electrical system and plumbing, excluding minor repairs and replacement items shown in Article 10c. C · Parking: Provide, maintain and repair paved parking area for approximately 90 vehicles upon the leased premises for Government .. employees and visitor vehicles at no cost to the Government, and will be responsible for snow removal. 7. The following are attached and made a part hereof: The General Provisions and Instructions (Standard Form 2-A, Mil.y...].9.?.0 .... edition). ATTACHMENT NO. 1, containing Article 9 through 25 ATTACHMENT NO. 2, Solicitation for Offers No. DTFA04-83-L-83003 with Proposal to lease space and addendum 8. The following changes were made in this lease prior to its execution' Article '5 was deleted in its entirety. IN WITNESS \VHEREOF, the parties hereto have hereunto subscribed their names as of the date first above written. LESSOR BY IN PRESENCE OF: (Sig~tature) STANDARD FORM 2 FEB..RUAR,.y 1~5 EDITION,.., Signature) ( .-Iddress ) , Contracting Officer ~ Orhcial title) "-'. $. GOVERNMENT PRINTING OFFICE : t974 O - · The Lessor will be responsible for the following: , a. Architectural/engineering services associated with the construction of the building shall be coordinated with the Government. The final package, including specifications and drawings, shall be submitted to the Contracting Officer for review and approval. b. A copy of the Request for Bid package for the construction work is to be furnished to the Contracting Officer. c. A copy of the executed construction contract with the work schedule and firm completion date shall be furnished to the Government. 10. The Government will be responsible for the following: a. Furnish standby power generator as required for backup electrical service. b. Ail Government furnished materials and equipment, i.e., consoles, control, communications, FSAS, ICSS equipment, associated with the Automated Flight Service Station facility operation. c. Janitorial services, grounds maintenance, general interior building maintenance such as; utilities and (1) changing of light bulbs (2) minor plumbing (changing faucet washers, clearing plugged drains, etc) . (3) changing heater/air conditioning filters. . d. Alterations, improvements, additions or repairs, except as set forth in Article 6 above. 11. The acceptability of the space and the building equipment will be established by a joint acceptance inspection of the premises by a representative of the Government and a representative of the Lessor prior to occupancy by the Government. The decision of the Government's representative shall govern as to compliance with the terms of the contract unless the Lessor appeals or files a suit as provided by the Contract Disputes Act of 1978 (Public Law 95-563). Lessor will give notice of completion to the Goverr~ment and the Government's representative will be at the premises within 10 days of said notice. ' 12. BENEFICIAL OCCUPANCY The premises shall be ready for Beneficial Occupancy on August 1, 1987. If any construction time extensions are granted under Article 13, the Lessor and the Government may mutually agree upon a new beneficial occupancy date. Should such new date extend beneficial occupancy beyond September 30, 1987, the initial term of occupancy as set forth in Article 2 herein shall run from that date through September 30, 1988. 13. CONSTRUCTION TIME EXTENSION In the event that completion of construction of the said premises is delayed beyond the date set for Beneficial Occupancy in Article 12 above, this lease shall not be terminated nor the Lessor charged wi th resulting damage if the delay results from causes beyond the control and without the fault or negligence of the Contractor/Lessor. Examples of such causes include (a) Acts of God or of the public enemy, (b) acts of the Government in either its soverign or contractual capacity, (c) fire, (d) floods, (e) epidemics, (f) quarantine restrictions, (g) strikes, (h) freight embargoes, and (i) unusually severe weather. The Lessor, however, must notify the Contracting Officer, in writing, of any delay within 10 days after the delay begins. The Contracting Officer shall ascertain the facts, determine the extent of the delay, and grant extensions when justified. The Contracting Officer findings and determination shall be final and conclusive unless the Lessor appeals or files a suit as provided by the Contract Disputes Act of 1978. 14. DEFAULT ( FIXED.- PRICE SUPPLY AND SERVICE) (APR 1984) · (a) (1) The Government may, subject to paragraphs (c) and (d) below, by written notice of default to the contractor, terminate this contract in whole or in part if the Contractor fails to- (i) Deliver the supplies or to perform the services within the time specified in this contract or any extension; (ii) Make progress as to endanger performance of this contract (but see subparagraph (a) (2) below); or (iii) Perform any of the other provisions of this. contract (but see subparagraph (a) (2)below). (2) The Government's right to terminate this contract under subdivisions (1) (ii) and (1) (iii) above, may be exercised if the Contractor does not cur~ such failur'e within 10 days (or more if authorized in writing by the Contracting Officer) after receipt of the notice from the Contracting Officer specifying the failure. (b) If the Government terminates this contract in whole or in part, it may acquire, under the terms and in the manner the Contracting Officer considers appropriate, supplies or services similar to those terminated, and the Contractor will be liable to the Government for any excess costs for those supplies or services. However, the Contractor shall continue the work not terminated. 17. DISPUTES (APR 1984) (a) This contract is subject to the Contract Disputes Act of 1978 (41 U.S.C. 601-613)(the Act). (b) Except as provided in the Act, all disputes arising under or relating to this contract shall be resolved under this clause. (c) 'IClaim,".as used in this clause, means a w~itten demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in-a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contractl A claim arising under a contract, unlike a claim relating to that contract, is a claim that can be resolved under a contract clause that provides for the relief sought by the claimant. However, a written demand or written assertion by the Contractor seeking the payment of money exceeding $50,000 is not a claim under the Act until certified as required by subparagraph (d)(2) below. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under the Act. The submission may be converted to a claim under the Act, by complying with the submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable timel (d)(1) A claim by the Contractor shall be made in writing and submitted to the Contracting Officer for a written decision. A claim by the Government against the Contractor shall be subject to a written decision by the Contracting Officer. (2) For Contractor claims exceeding $50,000, the Contractor shall submit with the claim a certification that -- (i) The claim is made in good faith; (ii) Supporting data are accurate and complete to the best of the Contractor's knowledge and belief; and ~ (iii) The amount requested accurately reflects the contract adjustment for which 'the Contractor believes the Government is liable. (3)(i) If the Contractor is an individual, the certification shall be executed by that individual. (ii) If the Contractor is not an individual, the certification shall ~e executed by -- (A) A senior company official in charge at the Contractor's plant or location involved; or (B) An officer or general partner of the Contractor having overall responsibility for the conduct of the Contractor's affairs. (e) For Contractor claims of $50,000 or less, the Contracting Officer must, if requested in writing by the Contractor, render a decision within 60 days of the request. For Contractor-certified claims over $50,000, the Contracting Officer must, within 60 days, decide the claim or notify the Contractor of the date by which the decision will be made. (f) The Contracting Officer's decision shall be final unless the Contractor appeals or files a suit as provided in the Act. (g) The Government shall pay interest on the amount found due and unpaid from (1) the date the Contracting Officer receives the claim (properly certified if required), or (2) the date payment otherwise would be due; if that date is later, until the date of payment. Simple interest on claims shall be paid at the rate, fixed by the Secretary of the Treasury as provided in the Act, which is applicable to the period during which the Contracting Officer receives the claim and then at the rate applicable for each 6-month period as fixed by the Treasury Secretary during the pendency of the claim. ~ (h) The Contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under or relating to the contract, and comply with any decision of the Contracting Officer. Sandard Form 2 May 1970 Edition (c) Except for defaults of subcontractors at any tier, the' Contractor shall not be liable for any excess costs if the failure to perform the contract arises from causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include (1) acts of God or of the publec enemy, (2) acts of Government in either its sovereign or contractual capacity, (3) fires, (4) floods, (5) epidemics, (6) quarantine restrictions, (7) strikes, (8) freight embargoes, and (9) unusually severe weather. In each instance the failure to perform must be beyond the control and without the fault or negligence of the Contractor. (d) If the failure to perform is caused by ~he default of a subcontractor at any tier, and if the cause of the default is beyond the control of both the Contractor and subcontractor, and without the fault or negligence of either, the Contractor shall not be liable for any excess costs for failure to perform, unless the subcontracted supplies or services were obtainaDle from other sources in sufficient time for the Contractor to meet the required delivery schedule. (e) If this contract is terminated for default, the Government may require the Contractor to transfer title and deliver, to. the Government, as directed by the Contracting Officer, any (1) completed supplies, and (2~'-partially completed supplies and materials, parts, tools, dies, jigs, fixtures, plans, drawings, information, and contract rights (collectively referred to a "manufacturing materials" in this clause) that the Contractor has specifically produced or axquired for the terminated portion of this contract. Upon direction of the Contracting Officer, the Contractor shall also protect and preserve property in its possession in which the Government has an interest. · 15. The Lessor shall provide to .the Government upon completion of the A.F.S.S. building, a plat of survey, along with the legal description thereof, which will be made part of this lease. 16. Basic annual rental will be $1.00 per year as stated in Paragraph No. 3, however, should the cost of construction including design and engineering of the facility exceed $1,500,000 the excess shall be pro-rated on a monthly basis (in arrears) over 20 years. Under no circumstances will the Government be responsible for more than $500,000 over the 20 year period. 17. This lease may, at the option of the Government, be renewed from year to year at an annual rental of $1.00 and otherwise upon the terms and conditions herein each year for one year unless the Government gives 360 days notice that it will not exercise its option, before this lease or any renewal thereof expires; PROVIDED, that no renewal t~ereof shall extend the period of occupancy beyond the 30th day of September 2007, and PROVIDED FURTHER, that adequate appropriations are available from year to year for the payments of rentals. 18. The Government reserves the option to renew this lease for an additional 20 year term at terms and ccnditions agreed upon in the Addendum to Proposal to Lease Space Form, Solicitation No. DTFA04-83-L-8 3003. 19. Subject to approval by the Lessor, the Government shall have the right and privilege to erect and maintain antennas, wire, and associated equipment on top of subject building or such other location on the leased premises deemed necessary by the FAA, together with right to install necessary cables thereto. 20. The Government and the general public shall h'ave t.he right of ingress and egress to the leased premises, and the area immediately adjacent to the leased premises, including roads, sidewalks, and parking lot, 24 hours a day, 7 days a week without exception. 21. The Government, by separate contracts, shall pay all costs of electricity, gas, water, sewer, and janitorial services for the leased premesis. 22. The Government shall have the right during the existence of t~is lease to make alterations, attach fixtures and erect additions, structures, or signs in or upon the premises hereby leased, which fixthres, additions, or structures shall be and remain the property of the Government and may be removed by the Government prior to the expiration or termination of this lease, provided, however-, that no permanent additions, structures, or signs shall be made or installed by the Government without the prior written consent of the Lessor. The Lessor may, upon not less than 20 days' written notice to the Government before termination of the lease, require restoration of leased premises. In this event, prior to the expiration or termination of t~is lease or prior to relinquishment of possession, which ever first occurs, the Government shall, at its sole election, either, (a) restore the premises to the same condition as that existing at the time of entering upon the same under this lease, reasonable and ordinary wear and tear by the elements or by circumstances over which the Government has no control excepted, or (b) pay to the lessor a sum of money representing either the diminution in the fair market value of the property due to the failure restore, or the actual cost of restoration, whichever is the lessor amount. " 23. Should an Assignment of Lease be executed, the Lessor remains liable for obligations expressly provided herein as surety in the event the assignee fails to perform. 24. INTEREST ON OVERDUE PAYMENTS- (a) The Prompt Payment Act (P.L.97-177,96 Stat. 85, 31 USC 1801) is applicable to payments under this contract and requires payments to the Contractor of interest on overdue payments and improperly taken discounts. Determination of any interest due shall be made in accordance with the provisions of the Prompt Payment Act, and Office of Management and Budget Circular A-125. to be (b) The date of the check issued in payment .shall be deemed the date payment is made to the Contractor. (c) No interest is payable under the Prompt Payment Act- (1) On an overdue payment, or on a discount taken on a payment, if the payment was overdue or the discount was taken on a payment because of a disagreement between the Government and the Contractor about the payment amount or the Contractor's compliance wi th the Contract; Con tr ac t; (2) On a payment withheld in accordance with the (3) On an overdue payment, or on a discount taken on a payment, if the payment was solely for financing purpose; including but not limited to an advance payment, a progress payment under a supply or construction contract, and a payment of costs and/or fee under a cost type contract prior to the Governme. nt receipt of the complete supplies or services for which the payment was made; (4) On an improperly taken discount i'f the Government corrects the underpayment within fifteen (15) calendar days after the expiration of the discount period; (5) On any payment made for utilities (e.g., gas, water, electricity) if the Contract or the applicable tariff specifies late payment charge for such payment; payment or (6) For a period of more than one year on any overdue improperly taken discount; and (7) On an overdue payment, or on a discount taken on a payment, after the date the'Contractor has filed a claim for such payment under the Contract Disputes Act of 1978. 25. ?AY~IENT DUE DATE (a) For purposes of determining any interest payable to the Contractor on overdue payments and improperly taken discounts pursuant to the Prompt Payment Act, payment under this contract shall be due on the fortieth (40th) calendar day after the later of the date of receipt of a proper invoice in the office designated to receive the invoice, or after the date of final acceptance by the Government of the supplies or services covered by the invoice. (b) An original and four (4) copies of each invoice shall be submitted to the Government office designated in the Contract to receive invoices. To be a proper invoice each invoice must include the following information- (1) Name of the Contractor and invoice date; (2) Contract number or other authorization for delivery of the supplies or performance of the services;. (3) Description, price, and quantity of supplies actuaily delivered or services actually performed; (4) Shipping and payment terms: (5) Name (where practicable) , title, phone number, and complete mailing address of person to whom paYment is to be sent; and as may be (6) Other substantiating documentation or specified in this contract. · information (c) For purposes of paragraph (a) above, the date of final acceptance by the Government of supplies delivered or services performed shall be the earlier of- (1) the date of the actual final acceptance by the Government'of such supplies or services in accordance with the Contract terms; or (2) the Deemed Date for final acceptance by the Government. The Deemed Date for final acceptance by the Government shall De the thirtieth (30th) calendar day after the date required by the Contract for delivery of such Supplies or completion of such services. (d) If the Government rejects or conditionally accepts supplies or services for faflure to conform to the Contract requirements, the provisions of paragraph (c) of this Article shall not apply thereafter to such rejected or conditionally accepted supplies or services but shall instead, apply to the delivery of any replacement supplies, the correction or modification of the supplies so as to make them conforming, or ccmp!etion of the services in accordance with the Contract. the MEMORANDUM To: From: Date: Subject: Linda Snow, City Manager Larry Semmens, Finance Director__,~ February 20, 2002 CPI and Health Insurance Analysis The attached spreadsheets provide data on the Consumer Price Index for Anchorage at December of each year through 2001, and information on health insurance costs. The Schedule of COLA vs CPI shows that Anchorage CPI has increased 5.1% since the last cost of living adjustment of 1.5% effective July 1,2000. Note that historically we' have used the December CPl"figures from the most recent year when considering CPI as justification for cost of living increases. The schedule of Health Insurance Costs shows the cost increases due to rate increases, as well as actual total increases. I used this information to calculate the equivalent COLA needed to cover the increase in health insurance costs due to rate increases. Since health insurance is a big part of the total compensation package, the increase in cost arguably should be considered part of any cost of living increase. In the current case the health insurance increases for 2002 and 2003 are the equivalent of 2.7% of adjusted personal services (after subtracting health insurance, workers compensation and the City's 401 plan from total personal services). In other words a COLA of 2.7% has been given by virtue of increasing health insurance costs. If we use 2001 and 2002 health insurance increases the COLA equivalent is 2.6%. Since Anchorage CPI is up 5.1%, one could argue that wages and benefits have not kept up with inflation since the last COLA. I am available to discuss this at your convenience. Health Insurance Costs A B Rate increase incr. Due to Actual or Proj. Year Family rate inc increase 2003 Bud. 896,901.00 12% 90,891.10 139,475.17 2002 proj 757',425.83 11% 67,375.08 130,260.30 2001 627,165.53 15% 82,363.29 79,319.42 2000 547,846.11 7% 36,753.47 50,060.67 1999 497,785.44 7% 35,062.29 13,292.36 1998 484,493.08 8% 35,040.39 29,365.29 1997 455,127.79 1996 404,436.66 ExpenditUre Per. Svc Pay raise Net of equivalent HI, 401,wc of lower of A or B 5,786,621 1.57% 5,815,651 1.16% 5,359,525 1.48% 5,364,760 0.69% 5,273,597 0.25% 5,057,799 0.58% Although it is interesting to know the actual increases, many things affect that number. Such as' number of participants due to positions budgeted or vacant. This sheet calculates a cola equivalent based on the lower of either the actual increase in health ins. Cost, or the cost increase due to the rate increase. The denominator is total pers. Svs. Net of health insurance, 401 & wc. The pay raise equiv. Is high if anything. CiTY OF KEN KENAI PARKS & RECREATION 227 CAVIAR ST. KENAI, ALASKA 99611-7794 TELEPHONE 907-283-3855 1 907-283-7926 EAX 907-283-4675 KE.NAI MEMORANDUM TO: Linda Snow, City Manager FROM: Robert J. Frates, Parks & Recreation Director~/ DATE: May 1, 2002 Kenai Parks & Recreation Department Fees Attached is a description of departmemal fees and a 2001 revenue summary. included are some recommendations for fee increases. Also To my knowledge, the Recreation Cemer fees have not been restructured since the Recreation Cemer was built. The only exception would be the $1.00 gym fee that was added in 1995 and a couple increases in the men's basketball player's fees throughout the years. The most recem increase to the player's fee was in 1995 and included a $5.00 increase. The following are some recommended changes to the fee structure: o Weight Room Fees: Adult- $3.50 Student - $1.50 Seniors- $2.00 Punchcard (15 uses) - $35.00 Seniors Punchcard - $17.50 . Weights/Sauna Fees: Punchcard (10 uses) - $30.00 Punchcard (20 uses)- $60.00 Seniors Punchcard (10 uses) - $15.00 . Gym/Shower Fees: Adults- $2.00 3 month gym pass- $30.00 Locker Rental Fee: Tall- $7.00/momh . . . Facility Rental Fee: Rec. Center & Teen Center- $20.00/hr Basketball Fees' Men's Team Fee: $315.00 Women's Team Fee: $230.00 Men's Player's Fee: $47.00 Women's Player's Fee: $27.00 · I would propose that we pay certified ref's $30/game and non-certified refs $25.00/game. Shelter Reservation Fees: Leif Hansen Park - $200.00 deposit with $20.00 non-refundable. Park Shelters- $50.00 deposit with $15.00 non-refundable. .. Teen Center Snack Bar Fees: $.25. Raise pop, candy bars and misc. fOod items by 'Ba.~bali & Adult S~tball League Field Use: $50.00/day during tournaments (urdess league maintenance). · Wimex Ice Reservations: .,' $},05/.1~9' Public skate: $1.O0/indivt~flal (~ee o~fi Sundays). performs their own field I II Page I oI I Linda Snow From: Bob Frates Sent: Thursday, May 02, 2002 4:02 PM To: Linda Snow Linda, I would like to pass along some additional information pertaining to our Summer Recreation Program that we may also want to examine. Since we are looking at the revenue scene and in light of our recent discussions pertaining to our Summer Rec. Program, we may wish to institute a fee structure for this program as well. I would suggest we charge $30 per child or $45 for a family of two children or more. This will not cover all the program costs, however, will no doubt off-set some of the cost. VVe have to remember that children attend the program three (3) hours per day and not a full day. One additional benefit I see to charging is that perhaps the children's attendance will become more consistent throughout the summer. Bob 5/2/2002 MEMO: CiTY OF KENAI "oa ot 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ TO' Thru' FROM' Linda L. Snow, City Manager Jack La Shot, Public Works Manager Marilyn Kebschull, Planning Administration DATE' April 30, 2002 SUBJECT: Planning & Zoning Fees The only fees currently charged by the Planning Department are for public hearings. Public hearings are required for variances, encroachments, conditional use permits, and amendments to the code or zoning map. The fee charged is $100 plus tax ($5) for a total of $105. The $100 fee was set in 1984 when the City assumed zoning powers from the Borough. In 2001, the Planning Commission held 18 public hearings that required fee collection. In October, the Planning Commission approved a resolution asking that the fee be increased to $200. The ordinance failed at Council. The justification for the increase was that the fees had not been increased since1984, the cost of publishing the notices in the newspaper has increased, the cost of certified mail has increased, and that the general public should not be Paying for special use permits. As backup to the ordinance, a table of pUblic hearings held through October 2001 and costs for the hearings was prepared. A copy of that information is attached. Again, I would recommend that the fees be increased to cover the costs of the public hearing. Based on the costs for advertising and certified mailings, a $200 fee seems reasonable. The City of Soldotna and the Kenai Peninsula Borough charge $250 for public hearings. INTEROFFICE MEMORANDUM TO' LINDA SNOW FROM' SUBJECT: KEITH KORNELIS ~ F~TE/CHARGE FEES DATE: 05/01/2002 Attached is the City of Kenai - Do..c..k Rate Schedule. It was last changed on July ~3, 2001. This change was to lower the diesel fuel charges because the supplier lowered its cost to the city. Gasoline and diesel charges are changed whenever them is a significant change in the price the supplier charges the city. The city marks up the fuel by 26%. Boat Launch Ramr~ charges: DATE April 9, 19g7 ' June 7, 1999 CHANGED FROM $5.0O $7.00 CHANGED TO $7.00 $10.00 Boats tied to buoy in river charges: DATE June 7, 1999 CHANGED FROM $5.00 CHANGED TO $7.00 Wharfac~e charges: DATE April 9, 1997 June 14, 2000 PRODUCT CHANGED FROM $0.06/Ib. $0.10/Ib PRODUCT CHANGED TO $0.10/Ib. $0.0711b. NON- PROJECT CHANGED FROM $0.03/Ib $0.05/Ib NON- PRODUCT CHANGED TO $0.05/Ib $0.04/Ib. CITY OF KENAI - DOCK RATE SCHEDULE Richard A. Ross, City Manager July 3, 2001 KENAI HARBOR RATE SCHEDULE The City Manager shall establish the fees, rates, and charges for the billing and C~llections for the support of the harbor. The City Manager reserves the right to change the rate schedule at any time. There is a 5% sales tax added to. the total invoice (3% City and' 2% Borough). RATE SCHEDULE SUMMARY I 1. i"'Product wharfage (w/crane; w/o forklift) t ' Non-product wharfage (ice, nets, staples, etc.) $ 0.07/lb t 0.04/lb. pUrchases Purchases Purchases , ,. . Under 500 500 gal. 2000 gal. Gallons or more or more 2. Fuel Gasoline Regular 1.566 1.516 State Marine Tax .050 .050 , . Federal Tax .184 .184 Total S/gal, 1,80 I 1.75 ,, Diesel #2 1.501 1.45 1.40 State Marine Tax .0.5 .05 .05 Total S/gal, 1,55 1,50 1,45 *NOTE: discounts 'for volume purchases are for one vessel at a time. 3. ~Used Oil Dumping $1.0,0/gal.- 4. Boat Launch Ramp 0-10 min. = $10.00" . Each min. over 10 min. = $1.00/min. Seasonal pass per boat = $100/season 51 Tie Up Fee A. Skiffs tied to land side of concrete dock $5.00/day- Seasonal Pass per boat $100/season B. Boats tied to buoy in river $7.00/day- 6. Forklift w/Operator (1/2-hr. minimum) $50.00/hr. 7,. City Labor Charges for call out (2-hr. min.) $40.00/hr. - ! 8. Other Items See Dock Manager Prior to Use I 'CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ MEMORANDUM TO: FROM' DATE' SUBJECT' Keith Kornelis, Public Works Manager Jan Taylor, Administrative Assistant April 30, 2002 Revenues from Permits for 2001 Right of Way permits for 2001 Total Annual Permits Total Individual Permits Hydrant Permits for 2001 Total Annual Permits = 10 Total for Water Usage - 10 x $25.00 - 41 x $10.00 = $250 $410 $660 $1,595.40 Kenai Police Department Me'morandu m To: Linda Snow, City Manager Fron~aniel MOrris, Chief of Police Date: 5/2/02 Re: Fees for Service I have attached a copy of the fee schedule for services provided mainly to insurance companies and defense attorneys. Although the fees were set in 1990 I'm satisfied with the schedule. Per KMC 12.30 fees are collected for false intrusion alarms. The code specifies a $50.00 charge for each false alarm after the fourth false alarm in a calendar year. I believe this ordinance was enacted in the late 1980's or early 1990's. I think the fee is still a valid amount. The three-year average for the report services is $1,200/year. Approximately $500 was collected for false intrusion alarms in 2001. DLM/rr · Page 1 KENAI POLICE DEP.T. 107 SOUTH WILLOW ST., KENAI, ALASKA 99611 TELEPHONE 283-7879 KENAI POLl CE .DEPARTMENT SCHEDULE OF FEES It is the policy of the Kenai requested services as follows: Police Department to charge for , Photocopying case re'ports' up to & including first 4 each additional page pages $ 2.00 .50 . Copying case reports from microfilm up to & including first 4 pages each additional page $ 4.00 1.00 . Copying photographs $1 5. O0 plus cost of photos . , . Copying of cassette tapes ( blank tapes provided by requester) up to. & including 3 tapes each additional tape Copying of video tapes (blank tapes provided by requester) up to & including 2 tapes each additional tape $25. o0 · $ 8. oo Reviewing of other evidence on premisea (viewing video tapes,, listening to cassettes, first 1/2 hour each additional 1/2 hour etc.) $75. O0 $37. 50 $25. O0 $~ 2.50 All fees and materials must be received in advance of provision of copies or services. Checks should be made payable to the City of Kenai. rev 2/90 CITY CLERK FEE SCHEDULE Vehicles for Hire Plus sales tax License $250 Includes permit for one vehicle; Jul~ 1-~/une 30 Vehicle Permit 100 For each additional vehicle Cemetery Fees Not taxed Standard Plot $150 Infant Plot 100 Cremains 50 Opening/Closing Fees Standard 500 Summer (6/1 through 9/30) Infant 250 Summer (6/1 through 9/30) Cremains 100 Summer (6/1 through 9 / 30) Standard 600 Winter (10/1 through 5 / 31) Infant 250 Winter (10/1 through 5 / 31) Cremains 100 Winter (10/1 through 5 / 31) Memorial Park Not taxed Marker: Up to 30 letters on marker, each additional $3; drawings are priced separately -- these prices are determined by supplier Planting: Price determined by landscaper who does the planting and guarantees the plant for one year. Fax Proof: Required by marker supplier. Tree and marker $400 Shrub and marker 300 Fax Proof 20 Mobile Food Vendor License $120 Plus sales tax-- This license can be purchased on ~ a shorter duration of time and the fee is then proportionately reduced, i.e. $10/month. Private Detective A~encies $50 Plus sales tax-- annual. Private Detective License 5 Plus sales tax-- annual. Peddler and Transient Merchant License 25 Plus sales tax-- annual. Council Meeting Tape Duplication $25 Plus sales tax -- For first tape and $5 for each additional tape. _ Additional Information: Seward $200 N/A_.j N/A Homer 200 N/A ':,, N/A Nikiski 200 N/A N/A Kasflof 300 $100 $150 Anchor Point Donation ' Anchorage Memorial Park No Charge No Charge No Charge Cemetery Reserve by President W. Wilson. A reservation fee is set at $150. They charge interment / disinterment fees. Cremain fees will · be $477, $1109 and $1831. Angelus Memorial Park $890 to $250 to $125 to Require vaults. (Anchorage) $1,575 $325 $162.60 Valley Memorial Park $740 to N/A $200 Also have above- $1,440 ground crypt at $3,000 to $3,500. CTTY OF KENA! Larry Semmens, Finance Director From: .lenifer Lockwood, Accounting Tech ~--~ 05/03/2002 Date: Date of last water and sewer rate increase Per attached Resolution 93-38, the last water and sewer rate increase for the City was effective .luly 1, :L993. The resolution refers to an approximate increase of 20% to 22% in service rates. On .luly 1, ~993, the water and sewer rate for a single-family residence would have increased from $32.55 (water $8.63 and sewer $23.92) to $39.05 (water $10.35 and sewer $28.70). 'l'his amounted to an increase of $6.50 (not including sales tax). If you need additional information, please let me know. Suggested by- Administration City of Kenai RESOLUTION NO. 93-38 A RESOLUTION OF THE COUNCIL' OF THE CITY OF KENAI, ALASKA APPROVING AN AMENDMENT TO THE WATER AND SEWER UTILITY~ · REGULATIONS AND RATES, WHICH WAS ISSUED BY THE ACTING CITY MANAGER ON MAY 27, 1993, TO BECOME EFFECTIVE ON JULY 1, 1993. WHEREAS, the proposed City of Kenai 1993-94 Annual Budget for the Water and Sewer Special Revenue Fund requires an increase in the water and sewer rates to adequately finance utility operations; and WHEREAS, KMC 17.05.040(g) and 17.10.070 empower the City Manager to establish water and sewer utility regulations and rates, subject to approval of the City Council; and WHEREAS, on May 27, 1993, the Acting City Manager adopted an amendment to the Public Utility Re~J. lations and Rates to become effective on July 1, 1993; and WHEREAS, the substance of this amendment is to increase water and sewer service rates by percentages ranging from approximately 20% to approximately 22%. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the attached amendment to the water and sewer utility regulations and rates, issued by the Acting City Manager on May 27, 1993, to become effective on July 1, 1993, is hereby approved. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of June, 1993. RN~f~LIA~S, MAYOR ATTEST: Carol L. F~eas, City Clerk Approved by Finance:... e 9~. (5/21/93) kl APPENDICES PUBLIC UTILITY REG~ATIONS AND RA~S TABLE OF CONTENTS PAGE Regulations ................................................. APx-4 Application for Service ...................................... APX-4 Wamr and Sewer Connections and Extensions ............... ~ ..... . APX-4 Deposits' for Service ..................... · Hydrants ........ , ........................ . ........... '. ,.. APX-4 Common Connect/ons ................................ ~ ...... APX-5 Location of Key Box ............... S~wer Service Clean-Out ..................................... APX'5 Ren~ Properties ........................................... APX-5 Rates ..................................................... APX'5 SCttEDULE A--Gene~ domestic service rates (non-metered) .... APX-5 S~ULE B--Commercial service (non-metered) .................. APX-6 SCHEDULE C---tndu~trial service (non-metered) .................... APX-8 $CttEDULE D~Fim protection service ........................... APX-8 $~UI~ E---M~t~rcd service ............................... APX-8 SCHEDULE F--Temporary miscellaneous water service ............... APX-9 S~IEDI. JI.,E G--Water service for building construction ............... APX-9 SCHEDULE H---Permit f~ ............................ ~ ...... APX-9 APX-3 APPENDICES Ao CITY OF KENAI PUBLIC UTILITY REGULATIONS AND RA~ Regulations The following regulations of the City of Kenai, penain~g to the water and sewer system, have been issued under the authority of Tire 17 of the Kenai City Code of Ordinances. Regula- tions issued prior to this date are superseded by the regulations that follow: 1. Application for Service: It shall be the responsibility of the property owner to apply for utility service or discontinuance of service by signing a service order at the City Administration Building, Kenai, 2. Water and Sewer Connections and Ex~emiom: a. The property owner or his contractor may apply for a water and sewer permit for a connection and/or exten- sion of service lines. The entire cost of water or sewer service connection and extension will be borne by the property owner. b. At the time the new service is pro- vided, all connections to existing private systems, wells, septic tanks, cesspools, etc., shall be physically disconnected from the City system and their use discontinued. c. All water turn-ons and mm-offs and the operations of the key box at the property line shall be made by City personnel only. A fee of ten dollars ($10.00) will be levied on requests for turn-on and mm-off (after initial mm-on) during normal duty hours. A fee of twenty dollars ($20.00) will be levied on requests for mm-on during periods other than normal duty hours, and whenever such ac- tion is required due to delinquent account. APX-4 e , d. All customers shall be required to provide a separate valve, if it does not' exist, inside a building being served. The valve shall be located on the service entering the building ahead of any branch lines where it is readily accessible in event of emer- gency. e. Each and every building served by the water utility shall have a separate outside shut-off. In' the event it is impossible to get a separate outside shut-off within the public fight-of- way, the property owner shall pro- vide the shut-off within private prop- erty and execute, in favor of the City, an easement providing access for the City personnel to the key box. In the event that a functional shut-off valve cannot be located by City personnel, 'the City may install a shut-off valve and charge the prop- erty owner for related labor, equip- ment, and material costs. Deposits for Service: Nor domestic and commercial cUstomers, a deposk is re- quired of twenty dollars ($20.00) for water service and ~wenty dollars ($:20.00) for sewer service. These deposits may be refunded upon reques~ after two years of timely payment history. Hydrams: The use of fire hydrams is permi~ only in special situations when approval, in writing, has been obtained from the City, and upon paymem of the use charge. A deposi~ of One Hundred Fif~ Dollars ($150.00) is required to as- sure careful use of the hydram and will be refunded if no maintenance is required when hydram use is completed. The use charge, which is non-refundable, is $30 per day. As an alternative charge, the City reserves the fight to require metering in circumstances involving high volume usages, in accordance with rates provided APPENDICES Be . in the rate schedules. Failure to obtain written authorization from the City, fail- ure to follow written instructions, of the City, or any impwper use of a fire hy- drant is subject to penalty pwvisions of KMC 13.05 and KMC 17.20.050. (Res. 92-13, 5/19/92) Common Connections: There shall be no common connections for use by several propemes or families. No connection will be permitted across property lines unless assessments or lump sum payment has been paid. 6. Location of Key Box: It shall be the property owner's responsibility to know the location of, and have marked, the key box and thaw wire on the water service connection. The standard key box marker shall be a 4" x 4" wood post, four feet in height, painted white with black'top and the word "water" stenciled in black letters no smaller than two inches high. Pwpeny owners who do not use the standard marker should have some other method of l~g their key boxes or be prepared to stand the cost of location in time of necessity. 7. Sewer Service Clean-Out: No person shall install a sewer extension to a build- ing without placing in the line near the building and at every change of direction of the sewer line, a sewer line clean-out of four inch mipimum diameter. The pwpeny owner shall mark or be familiar with the location of such clean-outs. 8. Rental Properties: All bills are in the name of the property owner. Bills may be mailed to the renter, but the owner is responsible for all payments. RATES The charges to users of water and sewer sys- tems within the City of Kenai are as follows: 1. SCHEDULE A..,-GE~~ DOMESTIC SERVICE RATES (NON-METERED) Per Month Water Sewer One or two-family residence, per family unit $10.35 28.70 Single or double unit apatunent, per family unit 10.35 28.70 Apamnent, three or more units under one roof, per family unit--single bill assum~ by owner. Separate billing 7.80 21.60 10.35 28.70 Trailers. one or two on single lot or court (each). 10.35 28.70 Trailers, three or more on lot or court, per trailer unit: Single billing Separate billing 7.80 21'60 10.35 28.70 Boarding houses, per available room 2.75 7.75 Minimum Charge: Each month's lninimum charge is one full month's service, without proration. The minimum monthly charge is applicable to each service location, whether or not the location is occu- pied. Special Conditions: The above schedule is restrict- ed to service used exclusively for general domestic purposes, as distinguished from commercial or other uses of water or sewer service. APX-5 APPENDICES 2. SCHEDULE B--COMMERCIAL SERVICE (NON-METERED) Per Month Water Sewer Demand Charge: (Applicable to individual customers where water connection is one inch or larger, and is rated on the equivalent line size. This is in addition to the Use Charge.) 1.00 inch service $10.50 $29.00 1.25 inch service 16.00 43.00 1.50 inch service 26.50 73.00 2.00 inch service 40.00 109.00 3.00 inch service 60.00 165.00 Larger than 3.00 inch service 90.00 248.00 Use Charge: Bakery 30.50 Bath House, mb or shower, ear. ah 7.00 19.00 Bottling Works, per bottling machine 241.00 666.00 Bowling Alleys, Amusement Parks 29.00 80.50 Car Lot, with car wash facilities 14.50 Car wash, automatic, per facility 130.00 358.00 Car wash, self- service, per stall 19.50 53.50 Churches, lodges, clubs, banquet moms (no bar or restaurant facilities), per seat Cleaners and commercial laundries, per facility. Dairies~Installation of water meter required. Day Care Center or Prezchool (in addition to other applicable domestic or commercial charge). Per child, maximum capacity Doctors' and dentists' offices, per room or chair (Psychiamsts and Optomemsts, apply office rate). Garage, service stations Additional charge for ree~onal vehicle dump statiom (May through September only) Hangar, airplane repair:. with washing facilities Hospitals, per bed Hotels, motels, resorts, per room Laundry, self-service, per machine Markets, meat Per Month Water Sewer .11 .30 83.50 230.00 .42 1.15 6.25 17.25 12.50 35.00 14.50 40.00 12.50 34.75 14.50 40.00 8.25 23.00 6.50 17.75 11.75 32.25 16.00 44.00 APX-6 APPENDICES Office buildings'where single bill is assumed by owner, per business Office, in multiple office building where individual tenants are billed, per business Restaurants, cafes, lunch counte~, fountains, taverns and bars (with kitchens) for each seat (Note 2) Public office building, per restroom Recreation facility, per restroom, sauna or shower, Recreational vehicle/camper park, per parking space (demand charge only from October through April) Schools, per seating capacity Shopping centers (depends on stores included in shopping center, Note 1) Shops, beauty, per station or chair Shops, miscellaneous (including barber shops), per shop Per Month Water Sewer 14.00 38.00 16.00 44.00 .90 2.55 3.60 I0.00 7.00 19.25 7.00 19.25 .42 1.15 7.25 20.00 7.25 20.00 7.25 20.00 Per Month Water Sewer Sleeping room. per room (without facilities for housekeeping) Studios. photo or photo lab 2.75 7.75 34.25 95.00 Supermarkem (grocery stores) 82.25 227.00 Theaters: Indoor, per seat Outdoor, per stall .02 .07 .05 .13 Taverns, lounges, bars (without kitchens), per seat .85 2.40 x-ray or lab°at6O"°mC6 ....... 2O30 56.50 Note 1: Additional for other facilities such as res- taurant, bever~e dispensary, etc.. are at the applica- ble use charge for each facility. Note 2: When a restaurant serves liquor and has no separate bar, no additional charge for a bar will be applied. However, when a restaurant has a separate bar, the bar stools will be charged at the given rate. Minimum Charge: EaCh month's minimum charge is one full month's service, without proration.. The minimum monthly charge is applicable to each service location, whether or not the location is occu- pied. Special Condition: Where more than one customer is served from the same service line between the City's water mare and the customer's premises, the City reserves the exclusive fight to determine how the demand charge under this rate schedule shall be applied and appomoned between said customers. APX-7 APPENDICES Cesspool Pumper Charge: The fee charged for ac- ceptance at the sewer treatment plant of septic mate- rial collected within the City of Kenai shall be ten dollars ($10.00) per one hundred gallons. The gal- lons delivered shall be as estimated by the sewer treatment plant operator. 3. SCHEDULE C--INDUSTRIAL SERVICE (NON-METERED) Per Month Water Sewer Concrete mixing plant 132.00 365.00 Concrete products 66.00 182.00 Confectioner 44.00 121.00 Greenhouse, commercial 44.00 121.00 Ice cream plant 66.00 182.00 Cold storage plant or lockers 31.00 85.00 Demand Charge: Note: Schedule B Demand Charge also applies to Schedule C Services. Minimum Charge: Each month's minimum charge is one full month's service, without proration. The minimum monthly charge is applicable to each service location, whether or not the location is occu- pied. 4. SCHEDULE D--FIRE PROTECTION SERVICE For automatic sprinkler system: NO CHARGE Special Conditions: (a) Water service under this schedule shall be available, at the option of the City, to "dry type" automatic sprinkler systems for fire pro- tection only. (b) All fire protection lines, sprinklers, pipes, and valves on private property shall be owned, installed, and maintained by the owner and/or customer. (c) All connections between the City's main and privately owned facilities will be made at the expense of the customer. (d) At the option of the City, sprinkler service may be metered. The meter and the installation thereof shall be at the expense of the customer. (e) No tap or outlet for use other than fire protec- tion shall be pennit~d on fire lines or mains, unless approved by the City. (0 In times of emergency, the right is reserved by the City to mm off any fire hydrant md/or sprinkler system at the discretion of the City Fire Chief or other authorized person. (g) No drains from fire sprinkler systems shall be directly connected with the City sanitary sew- ers, and no cross-connection whatsoever will be permitted between fire protection facilities connected to the City's system and possible sources of contaminated water. 5. SCHEDULE E---METERED SERVICE Per Month Water Sewer General usage, per thousand gallons of water $1.00 $2.85 Hydrant use and other use, per 1000 gallons of water (Res. 92-13, 5/19/92) 1.50 Minimum Charge Per Month: All usage, 15,000 gallons of water 15.00 APX-8 The City reserves the right to determiae the size, type, and manufacturer of the meter to be installed. Meter and remote reading shall be purchased and installed by owner and inspected by the City. Meter repair as necessary, shall be made by the City with costs billed to the owner. 6. SCHEDULE F---TEMPO~Y MISCELLANEOUS WATER SERVIC~ (Repealed) 7. SCHEDULE G--WATER SERVICE FOR BUILDING CONSTRUCTION One Time Service Charge: For ground floor area of ?.,.O~ sq. ft. or less $12.00 For each additional 1,000 sq. ft. (or portion thereof) 8. SCI-~DULE H--PERMIT FEES One time charge. a. Water $100.00 b. Sewer 100.00 c. The permit fees set herein are to reimburse the City for the cost of inspecting connections. Adopted by City Manager on May 27, 1993 (via Resolution NO. 93-38) to become effective on July i, 1993. /s/ Charles A. Brown Acting City Manager APPENDICES Approved by City Council on June 2, 1993. /s/ Carol L. Freas City Clerk APX-9 (Kenai 5-21-99) 17.?.5.010 ' Chapter 17.25 PENALTY FOR LATE PAYMENT Sections: 17.2~.010 Penalty. 17.25.010 Penalty. Failure to pay a waterand sewer bill for servic- es in full by the 20th day of the month, following the month for which services are billed, shall result in a penalty charge on the amount due. In addition to such penalty, interest shall be charged. Such penalty charge and interest shall be computed as specified in KMC 1.75.010. (Ords. 238, 1267-88) 324 CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283- 7535 FAX 907-263-3014 ~ MEMORANDUM TO' FROM- DATE: SUBJECT: Linda Snow, City Manager Jack La Shot, Public Works Manager May 1, 2002 Building Department revenues Attached is information requested concerning revenues collected in the Building Department. Obviously, building permits and plan reviews account for nearly all the revenues generated. Sign permits generate very little. In considering future revenue potential within this department, residential permit fees could be looked at. We now charge $0.14/sf for new residential living space and $0.07/sf for new residential garages. We then add 20% for plan reviews, and 5% for taxes. This fee structure is generally less than other communities that administer building codes and it has been a policy of the City of Kenai to be in that position. As for commercial construction, we assess permit fees out of the current UBC fee table based on valuation, with 65% added for plan reviews. This is common practice in other areas. When we choose to adopt the new International Code series, we will need to also adopt a fee schedule, as there isn't a fee table in the new codes. Some communities are choosing to keep the UBC fee table. We should also continue to charge building permit and plan review fees to externally funded City projects, as we did with the ARFF/SRE project. Let us know if you need any further information. 0 Z 0 0 0 Z Z Z Z 0 0 Z Z ~ (',1 ~ --"' 0 0 --" --', ,--' ~ ~ 0 0 0 0 0 {'"'- 0 0 ~0 0 0 0 0 0 0 0 ~ ~ ~ ~ U o U ~ ~ ~ o o ~ ~ ~ ~ 0 0 0 0 0 Z 0 Z Z Z Z Z Z 0 Z Z 0 ~ ¢,.) r,.,) ~ '--' '"' '"" Z 0 Z Z 0 Z Z Z 0 0 0 0 0 0 0 Z 0 Z Z 0 0 Z Z Z 0 0 Z 0 0 0 0 Z 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 - o ~ ~ rt, ~ Z 0 0 Z Z Z Z Z 0 Z Z 0 0 Z 0 0 o o o o o o o o o o o o o o o ~. ~ ~ o D. L~ D. D. o Z 0 0 Z 0 Z 0 0 0 0 0 0 I.- 'ID c- MEMO: CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ TO' FROM' Kenai City Council Richard A. Ross, City Manager DATE: May 22, 2001 SUBJECT: Sign Permit Fees - Effective 4121101 Effective April 21,2001 the amended sign code became effective. Section 14.20.220 (a) (2) requires that fees not covered by a building permit be set as provided in KMC 7.15.100 (by the City Manager). When a building permit is obtained for construction of a building, signs for that building that conform to this Code shall be considered as part of the valuation of that building. The fee for signs not covered by a building permit shall be as follows' I'Home Occupation Signs Electrical Signs All Other Signs $5.00 $25.00 $15.00 /mk Sign Permits 2001 Permit #: Permit Fee 242A $25.00 243A $25.00 244,t $25.00 245A 246A $25.00 247A 248.4 249A $~5.oo 250A $25.00 341A $25.00 Grand Total $165.00i 30 April, 2002 Page 1 of I Page Iot I Linda Snow .~ ........ t_,...Lt ................... ' .'.'.' ....................................................... t'.':.L'_:'_V.'_'..S._'_:::'...L .................................. t ........................................ tt,.U_. I1., ...... U ............................................... L_ t ........................... U.t ............ ttt..Lt.V ........... ~ .............. , ...................... I_ .............. I,. t, I _L.__.L ................. ,.,.LTL .......... ,. J ........ tt ................. From: Ewa Jankowska Sent: Wednesday, May 01, 2002 8:58 AM To: Linda Snow Subject: Fees- Alaska Dear Linda, Attached you will finds two documents: our fee/fine structure update in the City Code and my chart comparing Kenai Community Library with other public libraries in Alaskan (unfortunately I still have not received responses to all my questions). I hope this will help. EWA 5/1/2002 LIBRARY REGULATIONS AND POLICIES LIBRARY REGULATIONS 1. BORROWERS' CARDS a. All transactions will require the~ preSence of a valid library identification card which will be issued to a resident filing an application, and accepting responsibility for the usage thereof. No card will be issued to a minor under eighteen (18) years of age unless the application, and acceptance of responsibility, is signed by the minor and also by a parent or legal guardian. The responsible adult must be a current cardholder and be willing to assume the responsibility for the minor for misuse or abuse of the privileges of library usage. b. Upon application for a card, the borrower will be permitted to check out one (1) item. After receiving the card through the mail, the borrower may check out as many as four (4) items each library visit if all materials previously loaned have been returned and no fines, charges, or penalties are noted on library records. c. Where privileges have been suspended on a card of a minor, privileges on a card of a parent or legal guardian with legal custody of the minor may be suspended by giving prior written notice of suspension to such parent or a legal guardian at the address on the library record, and will remain in effect until the overdue materials have been returned, and/or the fines, charges, or penalties on the suspended card have been paid in full. (Amended during 7-7-99 supplement, 12-1-00 supplement) 2. FINES a. Ten cents ($0.10) per day on four (4) week books. b. Twenty-five cents ($0.25) per day on fourteen (14) day books and/or other library materials suCh as maps, periodicals or AV materials. c. [FIVE DOLLARS ($5.00)] Three dollars ($3.00) per day on nonbook materials such as videos, DVDs, cassette players, screens or projectors. (Amended during 7-7-99 supplement, 12-1-00 supplement) 3. SERVICE CHARGES a. Ten dollars ($10.00) handling charge for books or other materials that are lost or damaged beyond repair. This is in addition to full replacement costs. [COSTS FOR OUT- OF-PRINT BOOKS ARE AS FOLLOWS:] If the current price of the item is unavailable, default replacement costs are as follows: [FORTY-FIVE DOLLARS ($45.00) FOR ALASKANA. THIRTY-FIVE DOLLARS ($35.00) FOR NONFICTION BOOKS. TWENTY-FIVE DOLLARS ($25.00) FOR FICTION OR CHILDREN'S BOOKS] Twenty five dollars ($25.00) for Adult Twenty-five dollars ($25.00) for Juvenile Fiction Thirty-five dollars ($35.00) for Adult Non- fiction Thirty-five dollars ($35.00) for Alaska Fiction Forty-five dollars ($45.00) for Alaska Non- fiction Fifteen dollars ($15.00)for Juvenile Fiction Non-fiction Fifteen dollars ($15.00) for Easy Fiction Twenty-five dollars ($25.00) for Easy Non-fiction Twenty dollars ($20.00) for Music CD Five dollars ($5.00) for Periodical Forty dollars ($40.00) for CD-ROM Forty-five dollars ($45.00) for Government Document Twenty dollars ($20.00) for Audiocassette b. Five dollars ($5.00) handling charge for damaged books that may be rebound, in addition to rebind charges. c. Two dollars ($2.00) for each mailed notice or telephone call that is necessary to effect return of overdue books and/or other library materials, or settlement of other charges. (Amended during 7-7-99 supplement, 12-1-00 supplement) 4. REPLACEMENT CHARGES a. One dollar ($1.00) for each library identifier/barcode. b. Two dollars ($2.00) for lost library [ID] card. c. Three dollars ($3.00) for record sleeves, hang-up bags or AV or cassette containers. (Amended during 7-7-99 supplement, 12-1-00 supplement) 5. DAMAGES a. Two dollars ($2.00) per page for torn or defaced pages or covers. (Pages or covers containing scribbling, writing or pages that have been mended with scotch tape or like material are considered defaced.) b. If library materials are damaged to the extent that any part of them are illegible, charges under paragraph 3(a) above will be applicable. (Amended during 7-7-99 supplement, 12-1-00 supplement) 6. LIMITED CIRCULATION [BOOKS] Materials designated "Limited Circulation" are to be loaned only to borrowers with responsible library usage for the immediate past six (6) months. A five dollar ($5.00) charge will be imposed if any such book is deposited through the book drop. (Amended during 7-7-99 supplement, 12-1-00 supplement) 7. RENEWALS Books and/or other library materials may be renewed in person, on-line or by telephone once if not reserved. (Amended during. 12-1-00 supplement) 8. USE OF LIBRARY CONFERENCE ROOM Use of the library conference room is limited to general government and library related events or meetinqs. 9. EXHIBITS Only .Clovernmental or library related exhibits may be displayed at the library. KENAI COMMUNITY LIBRARY POLICIES THE KENAI COMMUNITY LIBRARY WILL ENDEAVOR: a. To provide free service to every resident in the community. b. To support the Library Bill of Rights and the American Library Association Freedom to Read Statement. c. To assemble, preserve, and administer books and/or other library materials. d. To serve the community as a center of reliable information. e. To provide nonresidents the same services. f. To have the library open seven (7) days a week for at least a total of fifty-nine (59) hours. (Amended during 7-7-99 supplement, 12-1-00 supplement) MATERIALS Books and other library materials will be added to the present collection to provide information, entertainment, intellectual development and enrichment to all the people of the community. PERSONNEL Salary schedule, holidays, vacation and sick leave shall conform to those rules outlined in the Personnel Regulations of the City of Kenai. BUDGET, OPERATIONAL The budget shall be presented to the City by the Library staff. BUDGET, CAPITAL IMPROVEMENTS The initiation of a budget for Capital Improvements shall be done by the Library Commission and the Library Staff. (Amended during 7-7-99 supplement, 12-1-00 supplement) BOOK SELECTION The Library Commission recognizing the pluralistic nature of this community and the varied backgrounds and the needs of the citizens, declares as a matter of book selection policy that: a. Books and/or other library material selection is and shall be vested in the librarian. Any book and/or library material so selected shall be held to be selected by the Commission. b. Selection of books and/or other library material shall be made on the basis of their value of interest, information, and enlightenment of all the people of the community. No book and/or library material shall be excluded because of the race, nationality or the political or social views of the author. c. This Commission believes that censorship is a purely individual matter and declares that while anyone is free to reject for himself books of which he does not approve, he cannot exercise this right of censorship to restrict the freedom to read to others. d. This Commission defends the principles of the freedom to read and declares that whenever censorship is involved no book and/or library material shall be removed from the library save under the orders of a court or competent juriSdiction. e. This Commission adopts and declares that it will adhere to and support: 1 .' The Library Bill of Rights, and 2. The Freedom to Read Statement adopted by the American Library Association, both of which are made a part hereof. Gifts will be accepted with provisions as to addition to the collection upon examination of materials. Non-usable gifts will be given the disposition that is of most value to the library. (Amended during 7-7-99 supplement, 12-1-00 supplement) PUBLIC RELATIONS Cooperation will be given to other libraries to advance the usage of all libraries and to provide additional services to the readers of our community, and to publicize the value of library services to all. (Revised by Res. 91-26, amended during 12-1-00 supplement) 8._ ox 0 ..... -~~ o o o · o ~ o o o ~ ~ 8 o ~ o o m o ., X._ 0 ._ G~ ~ ~ · > ~ e'~ c ~'~ ~ ~ ~ e > , E ~ o~ o e ~8 8~ ...... ..... -- ~:. c · D o ~ '~ ~ -- 81, ,._ (D ,~ o~ ~o~ '"' '"' ~1 ~,.. ~ ~'~ o o · ~ ~ ~ 0 -~o 0 ~ 0 0 0 ~z ~~ o · . o , ~ ~ ~ ~x._ ~o ~ ~ ._ o o~e "-~ o ~x o · o · · . c ~ ~ o o z~ ~ o o o · · · c ~ ~ ~ o o o ~ o o ~ . . . ~ ~ . . I CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ 1992 Memorandum Date: To: From: April 26, 2002 Linda L. Snow, City Manager Kim Howard, Assistant to the City Manager Fees and Charges You asked for information pertaining to fees and charges. In regard to the lease and sale of city lands, the following apply. Leases Ordinance 1618-94 set the lease rate of Airport Land at 6% of the fair market value. (Prior to this date the rate was set annually by resolution at 6%.) This rate is generally used in the lease of non-airport lands as well. Properties are reappraised every five years. My understanding is that this rate is lower than what many other cities charge, but consider that a lower rate helps promote economic development. Per KMC 21.10.035(b), a $20.00 non-refundable filing fee is required for lease applications. Ordinance No. 1290-88 made it the responsibility of the apPlicant to pay for costs such as appraisal, survey and recording fees. If the property has been subdivided, a $2,000 good faith deposit is required, if it has not been subdivided, the amount of the deposit is $3,000. DepoSits are applied to the City's expenses and any credit balance is applied to the rent. The revenue derived from the $20 application fee is minimal. I don't recommend changing the fee since the applicant has to come up with a considerable amount for the good faith deposit. Ordinance 1632-95 set the annual minimum rental rate for tideland leases used for shore fisheries at $300.00 per year. However, if the State of Alaska sets an annual rate higher for similar leases owned by the State, the City may amend the annual rent to a rate equal to that charged by the State. There is a $100 non-refundable filing fee. Appraisals are not required for tidelands surveys and the applicant provides the survey. Memorandum to City Manager April 26, 2002 Page 2 of 2 Land Sales Recently Council approved Resolution No. 2002-18 setting the interest rate for City land sales at 5% above the 12tn Federal Reserve District's discount rate. KMC 22.05.040(b) requires a deposit to be determined by the City Manager, sufficient to cover all expenses of the City. In competitive bid sales, there are advertising expenses in , addition to the appraisal, survey (in some cases) and recording fees. The applicant must pay any additional costs if the deposit is insufficient. The deposit for commercial property is the same as for leases above; $1,000 for residential lots such as Inlet Woods Subdivision; and $500 for foreclosure sales. Also, per KMC 22.05.040(0 the City pays a real estate commission of 5% of the purchase price for the land or 5% of the appraised fair market value of the land, whichever is lower. Please let me know if you need any additional information. To: From: Subject: INTEROFFICE MEMORANDUM KENAI FIRE DEPARTMENT April 24, 2002 Linda Snow, City Manage ~ .ff~~. ~~--- ~) Scott Walden, Fire FEES & IDEAS FOR INCREASES WILDLAND FIRE RESPONSE RESTITUTION Fee Description: Seek restitution/reimbursement through Kenai/Forestry "Cooperative Agreement" & "Operational Plan" for wildland fire responses as defined in them. (DRAFTS ATTACHED: 2002 documents being reviewed by Division of Forestry will be forwarded to City Attorney for review, then City Manager for approval. These are annual agreements). Amount of Fee: None in place, seldom requested 2001 Revenue Value: 14 wildland responses in 2001 w/estimated cost of $4,996 Date Last Changed: no fees charged Recommended Increase: Charge actual costs per hour INTENTIONAL FIRE RESPONSES (ARSON) Fee Description: Bill for, or seek restitution, through City Attorney for responses involving intentional/negligent fires (usually juveniles). Homeowners insurance may cover some of these fire charges, PFD's can be attached, and parents can be held responsible. Amount of Fee: Depends on value of response. 2001 Revenue Value: 5 intentional fires in 2001 w/estimated response cost of $2,549. Date Last Changed: no fees charged Recommended Increase: Seek restitution for costs. DWI RELATED EMS Fee Description' Restitution for fire engine responses to DWI related motor vehicle accidents (exclude ambulance costs if transported - already billed). Auto insurance may cover such responses. Amount of Fee: No charges for engine responding - only EMS is billed 2001 Revenue Value' 10 such engine responses w/estimated cost of $2,250 Date Last Changed: no fees charged, except usual EMS transport fee Recommended Increase- Charge actual costs per hour for engine (and ambulance for non-transports) to DWI related wrecks. (As permitted by Alaska Statute). INTEROFFICE MEMO PLAN REVIEW FEES Fee Description: Increase Plan Review fees Amount of Fee: See Building Official, is building value based 2001 Revenue Value: See Building Official Date Last Changed: At Code adoption- two.to three year cycle Recommended Increase' Coincide with State Fire Marshal fees, as established in adoption of Building-Codes. (ATTACHED) SPRINKLER SYSTEM/ALARM PLAN REVIEW FEES Fee Description: Institute fee for sprinkler and fire alarm plan reviews. Amount of Fee: None exists, but could be system value based 2001 Revenue Value: See Building Official Date Last Changed: N.A. Recommended Increase: Similar to regular plan review fee, add to regular review fee. Currently plan review fee is for general construction plans. Sprinklers/alarms require submittal of additional plans. SYSTEM TEST STANDBY FEES Fee Description: -Institute standby fee for observing new installation/final inspection for certifying sprinkler systems. Building Official responsible £or this function, but there is no charge £or it.. Takes 2 to 4 hours to observe these. Amount of Fee: None exists 2001 Revenue Value: -See Building Official Date Last Changed' N.A. Recommended Increase' Hourly rate BUILDING PERMIT FEES Fee Description: Establish policy to not waive building permit fees, with appropriate exceptions included (i.e. projects with direct City involvement, etc.). Amount of Fee: Varies with value of construction being reviewed 2001 Revenue Value: See Building Official Date Last Changed' See Building Official Recommended Increase' None -just don't waive any more INTEROFFICE MEMO EMS MILEAGE FEE Fee Description: Increase EMS mileage rate to Medicare Schedule allowable for rural areas. (ATTACHED). Insurance carders use similar rates. Amount of Fee' $4.00/loaded mile 2001 Revenue Value: $19,057.60 Date Last 'Changed: Not since inception Recommended Increase: $8.00+/loaded mile (unrealized 2001 value of $38,115.20) NON-RESIDENT EMS CHARGE Fee Description: Add "non-resident" fee to established rates for EMS responses. Our EMS fees are similar to other services in State, but most others have added fees for non-residents. (ATTACHED: Copy of EMS Billing study spreadsheet from Fairbanks). Expect new Medicare roles to affect EMS collections (down about 25% nationally). Amount of Fee: Standard rate for all patients depending on level of care 2001 Revenue Value' 79 non-resident transports (unrealized value of $3,950 above regular rates) Date Last Changed: Not since inception Recommended Increase' "Non-resident" fee of $50.00 above established rates RELEASE OF INFO~ATION FEES Fee Description: Establish common "release of information" fee. Attorneys pay costs related to requests for mn reports, photos, etc., but there is no standard fee in Kenai. I don't believe our department has ever charged this fee. Amount of Fee: None in place 2001 Revenue Value: 16 requests (unrealized value unknown with no rate established) Date Last Changed: Never instituted in all departments Recommended Increase' Establish rate of at least $10 per request COOPERATIVE FIRE PROTECTION AGREEMENT This agreement is dated the day of ,20__, and is between the City of Kenai on behalf of the Kenai Fire Department ("Cooperator") with an address of 105 South Willow Street, Kenai, Alaska 99611, and the State of Alaska, Department of Natural Resources, Division of Forestry ("State"), Kenai/Kodiak Area with an address of 42499 Sterling Highway, Soldoma, Alaska, 99669. 1. Recitals It is the intent of AS 41.15.010 that the State provide fire protection, commensurate with the value of the resources at risk, for. the natural resources and watersheds on land that is owned privately, by a municipality, or by the State of Alaska. The Cooperator also recognizes that an obligation exists to provide protection to life and property from wildland fires within their area of responsibility. Therefore, it is to the mutual advantage of.the Cooperator and the State to coordinate efforts in the prevention, detection, and suppression of wildland fires. It is in the best interests of both the Cooperator and the State that wildland fires be suppressed quickly and efficiently to minimize the destruction of natural resources and the threat to life, property, and communities, 2. Definitions Fire Apparatus - Fire engine, pumper, tender, tanker, brash rig, fire command vehicle, special resource vehicles, maintenance truck or such other rolling stock as is typically used by fire departments for fire suppression purposes. Fire Stores - Supplies and equipment used to suppress wildland fires as listed on the List of Approved Fire Stores Loan (SFD). Incident Command System - An emergency response management system defined by the National Interagency Incident Management System (NIIMS, and endorsed by the governor of Alaska via Executive Order.) Primary_ Response Area - An area as designated in the Annual Operating Plan within which the Cooperator agrees, within its ability, to promptly respond and act to suppress or prevent any wildland fire. Discretionary Response Area- An area outside the Primary Response Area, within which the Cooperator may choose to respond, or assist the State, to suppress or prevent a wildland fire. Mobilization Response Area- An area outside of both the Primary and Discretionary Response Area and generally off the Kenai Peninsula but within Alaska.. Unified Command - A method for all agencies or individuals who have jurisdictional responsibility, and in some cases those who have functional responsibility at an incident,' to contribute to (a) determining overall objectives for the incident (b) selection of a strategy to 'achieve the objectives, or (c) command of the incident. Wildland Fire - The uncontrolled burning of grass, brash, timber and other natural vegetative material. 3. Wildland Fires - Primary Response Area Within its ability, the Cooperator agrees to promptly respond and act to suppress or prevent any wildland fire within the primary response area. Upon request of the Cooperator, the State shall Cooperative Agreement May 2002 Page 1 of 6 COOPERATIVE FIRE PROTECTION AGREEMENT provide wildland fire suppression assistance to protect life and property without cost to the Cooperator. At any time the Cooperator may request that the State assume command of the wildland fire. 4. Wildland Fires- Discretionary and Mobilization Response Areas From time to time the State may request the Cooperator to respond to a wildland fire outside its primary response area. It is within the sole discretion of the Cooperator to respond, Or not, to .the State's request for wildland fire suppression assistance. 5. Command of Incident There is a presumption of Unified Command, by mutual consent pursuant to this agreement, for the management of wildland fire incidents. The first responder on-scene shall assume functional command of the incident until the arrival of the other responder(s), after which a Unified Command will normally be established. The Cooperator or State may, by mutual agreement, solely assume command of the incident, and shall be in command of personnel, fire apparatus and all other aspects of the fire suppression effort for the duration of the incident or until such resources are released. 6. Reimbursement, Direct Payment and Status of Employees and Apparatus The Cooperator will be reimbursed and direct payments will be made as set out in this agreement and thc Annual Operating Plan for performance under this Cooperative Fire Protection Agreement and the Annual Operating Plan. The methods of reimbursement are' Cooperator Reimbursement, where actual costs o£ personnel and apparatus are reimbursed to the Cooperator; and Direct Payment, where Cooperator personnel, as mutually agreed to by both the Cooperator and the State, are hired as Emergency Fire Fighter (EFF) by thc State and paid directly, and apparatus is rented and paid directly to the Cooperator. The method of reimbursement is determined in the Annual Operating Plan. Billing addresses and contacts will be provided in the Annual Operating Plan. State employees remain employees of the State whether they work under Cooperator or State command. State employees are paid by the State without reimbursement from the cooperator. Cooperator employees may remain employees of the Cooperator, or may become employees of the State through the Emergency Firefighter program, with the attendant pay and benefits. A. Cooperator Reimbursement. The Cooperator shall be responsible for payment of salary, and fringe benefits, to Cooperator's personnel. The Cooperator shall be responsible for payment of all expenses related to operation of the apparatus pursuant to the Annual Operating Plan. Cooperator shall provide the State with an itemized bill and a completed Individual Incident Report within 15 days after the Cooperators last day on the incident. The State shall reimburse the Cooperator, within 30 days, for actual costs of personnel, apparatus, and other reasonable and necessary expenses directly related to wildland fire Cooperative Aqreement May 2002 Page 2 of 6 COOPERATIVE FIRE PROTECTION AGREEMENT suppression. Rates of reimbursement shall be set out in the Annual Operating Plan. Cooperator apparatus reimbursement rates shall not exceed the rates listed in the most recent Cooperator Equipment Typing and Rate Guidelines for Wildland Fire Suppression Activities, or as identified in the Annual Operating Plan. B. Direct Payment. The State shall be responsible for payment of apparatus rental, salary and fringe benefits directly to Cooperator pursuant to the Annual Operating Plan. Rates of pay and levels of classification shall be documented in the Annual Operating Plan. Notice of employment as EFF, and hiring of apparatus, will be effected by completion of appropriate hiring documents or, if the emergency situation demands, notification to the responsible State Dispatch office that Cooperator employment and/or hiring has occurred. In the latter case, official documentation will be completed as soon as practical. The State's direct payment of Cooperator personnel or apparatus does not effect the presumption of Unified Command necessary under this agreement. C. Travel and Per Diem, Travel time to and from the incident is also reimbursable. All personnel will be subsisted by the State while on assignment away from their Primary or Discretionary Response area.. Per Diem or other travel costs not previously agreed upon, or contained in the Annual Operating Plan, will not be reimbursed. 7. Worker's Compensation The Cooperator and the State are responsible for their own employee's Worker's Compensation. EFF are considered State employees. However, for the purposes of the Alaska Workers' Compensation Act, when an incident is outside the Primary Response Area, and under Unified Command or State command, the State of Alaska. and the Cooperator agree to be joint employers 'of the Cooperator personnel engaged in wildland fire suppression activities under this agreement. The Cooperator is responsible for workers' compensation for its own employees when they are not covered by workers' compensation provided by the state. The state is responsible for workers' compensation coverage for all cooperator employees hired as EFF. 8. Liability Insurance The State is responsible for it's own liability insurance. The Cooperator is responsible for its own liability insurance for work performed under the Cooperator Reimbursement scenario. The Cooperator's apparatus and personnel liability is covered by the State for work performed under the Direct Payment scenario, when Contractor employees and apparatus are hired and employed by Cooperative Agreement May 2002 Page 3 of 6 COOPERATIVE FIRE PROTECTION AGREEMENT the State. State apparatus, including Federal Excess Personal Property (FEPP), loaned to a Cooperator is covered by State liability insurance, regardless of whether or not the operator is a State employee, provided the apparatus is utilized in the scope of permissive use. Permissive use is described as response to and operation on a wildland fire or other approved uses of the FEPP equipment. such as patrol and public education. Liability is not covered for non-wildland fire use. 9. Fire Stores Use The State will loan to the Cooperator fire stores for use in suppressing wildland fires. The loan of fire stores shall be documented in writing on appropriate forms supplied by the State. The Cooperator will maintain the fire stores loaned under this agreement in an operable condition. The Cooperator providing a proper incident number may replenish consumable fire stores. If non- consumable fire stores become broken, or otherwise unusable, the Cooperator will return the damaged item, along with a statement of how the item was damaged, to the State for repair or replacement. If an item becomes lost or damaged as a result of negligence by the Cooperator, the Cooperator will be liable for replacement. The Cooperator agrees to return fire stores held at the end of each wildland fire season, and account for items not returned. 10. Training and Prevention The State will make wildland fire training available to Cooperator on an annual basis based upon joint agreement betWeen Cooperator and State. The minimum training offered annually will be basic fire fighter and 1-220 (Basic Incident Command System). The State, or the Cooperator, may design drills and/or exercises to train and test their personnel on critical elements of Wildland fire suppression as part of the annual Wildland fire training in addition to other training that may occur. The State and Cooperator agree to jointly participate in such drills to train their personnel. Fire Qualification Cards (red cards) will be issued by the State, or may be delegated to the Fire Chief by the State, to the Cooperator's employees who have successfully completed requirements as established in the Annual Operating Plan. The Fire Chief will ensure Wildland fire qualifications, annual safety refresher training, and physical requirements are met for each person before individual red cards are issued. The State will provide wildfire prevention material to the Cooperator upon request as outlined in the Annual Operating Plan. 11. Annual Operating Plan As soon as practical after this agreement is executed, and annually thereafter, the Cooperator and the State Forester, or his designee, shall meet to negotiate an Annual Operating Plan. The subject matter of the Annual Operating Agreement shall include: A. Apparatus payment rates & conditions of hire. B. Personnel pay rates and classifications & conditions of hire. C. Designation of Primary, Discretionary, and Mobilization Response Areas on a 1'63,360- scale USGS topographic map, or equivalent. D.A current inventory of each party's local fire fighting resources and provisions for one Cooperative Agreement May 2002 Page 4 of 6 COOPERATIVE FIRE PROTECTION AGREEMENT party to notify the other when significant changes occur. E. Coordination of prevention, investigation and public education efforts. F. Operational Procedures for Cooperator response within the Primary Response Area covering as applicable: (i). Fire Reporting. (ii). Fire Response and Notification Procedures. (iii). Fire Repons and other document exchange procedure. (iv). Equipment familiarization. (v). Open buming and restrictions. G. Provisions, conditions, and methods for Cooperator reimbursement. H. Mobilization procedures for Cooperator discretionary or mobilization responses. I. Personnel qualification requirements. J. Training. K. Fire stores guidelines. L. Other special considerations or exceptions pursuant to this agreement. 12. Notification The Cooperator and the State shall immediately report all wildland fires occurring in the Cooperators Primary Response Area' to the other party according to the procedures set forth in the Annual Operating Plan. 13. Termination Either Party may terminate this agreement at any time by giving written notice to the other party of such termination and specifying the effective date, thereof, at least thirty (30) days before the effective date .of such termination. Otherwise, this agreement remains in effect indefinitely from the date of last signature. Termination of this agreement automatically terminates the Annual Operating Plan between the State and Cooperator. 14. Parties Responsible for their own Acts Each party agrees that it will be responsible for its own acts and the results thereof and each party shall not be responsible for the' acts of the other party; and each party agrees it will assume to itself risk and liability resulting from their own acts under this agreement. This provision does not reduce, alter or affect recovery, or eliminate the right to recover, under any insurance carried by either party to this agreement. 15. Permits and Laws 'The parties shall acquire and maintain in good standing all permits, licenses and other entitlement necessary to the performance under this agreement. All actions taken by the parties under this agreement shall comply with all applicable laws, statutes, ordinances, roles and regulations. 16. Non-Waiver The Failure of the Cooperator, or the State, at any time to enforce a provision of this agreement shall Cooperative Agreement May 2002 Page 5 of 6 COOPERATIVE FIRE PROTECTION AGREEMENT in no way constitute a.waiver of the provisions, nor in any way affect the validity of this agreement or any part thereof to enforce each and every protection hereof. 17. Modifications The parties, from time to time may agree to modifications in the scope of services to be performed under this agreement, All modifications to the agreement shall be incorporated by written amendments to this agreement and approved by all signatories prior to effect. 18. Fair Intent The parties following negotiations between them have jointly drafted this agreement. It Shall be construed according to the fair intent of the language as a whole, not for or against any party. 19. Severability. In the event a provision of this agreement is found to be unenforceable or void for any reason, it shall be considered as severed from this agreement, and the remaining portions of this agreement shall stand as if that provision had never been included in the agreement. In the event the unenforceable or void provision is legally essential to the continuing existence of the agreement, the parties shall attempt to substitute a reasonable replacement provision. For The State For the Cooperator Area Forester City of Kenai City Manager BY BY Date Date State Forester BY Date Attest, City Clerk BY Date DNR Procurement Officer BY Date Approved As To Form And Legal City of Kenai Fire Chief BY Date Sufficiency: BY Date Approved As To Form And Legal Sufficiency- BY Date Cooperative Agreement May 2002 Page 6 of 6 2002 ANNUAL OPERATING PLAN AGENCIES INVOLVED: A. State of Alaska, Department of Natural Resources, Division of' Forestry, Kenai- Kodiak Area Office. ]3. City of Kcnai Fire Department THIS ANNUAL OPERATING PLAN ESTABLISHES THE POLICY AND PROCEDURES FOR THE FOLLOWING: A. Apparatus Payment Rates & Condition of Hire. B. Personnel Pay Rates and' ClasSification & Conditions of Hire. C. Designation of Primary, Discretionary, and MobiliZation Response Areas. D. Inventory of Firefighting Resources. E. Coordination of Prevention, Investigation and Public Education efforts. F. Operational Procedures within the Cooperator's Primary Response Area. (I). Fire Reporting. (ID. Fire Response and Notification Procedures. (IID. Fire Reports and other Documentation. (IV). Training and Equipment Familiarization. (V). Open Burning and 'Restrictions. G. Provisions, Conditions, and Methods for Cooperator Reimbursement. H. Mobilization Procedures for Fire Department Discretionary or Mobilization Responses. I. Personnel Qualification Requirements. J. Training K. Fire Stores L. Other special considerations or exceptions pursuant to the CoOperative Agreement. (i) Radio Frequencies (ii) Fire Permit Issuance (iii) Personnel Pay Rates and Compensation (iv) ' ' Operational Procedures (v) Station Use Agreement (vi) Borough Resources M. Effective Date and Termination N. Compliance Failure O. Notice P. Severability A. Apparatus Payment Rates & Condition of Hire. The Cooperator will bill the State for reimbursement on all fires outside of the Primary · Response Area but within the Discretionary Response Area using the rates of compensation specified in the Equipment Typing and Rate Guidelines and/or this Annual Operating Plan. The Cooperator in billing the State in accordance with the stipulations of this agreement for Direct Payment or Cooperator Reimbursement will also use these rates. Equipment rental Annual Operating Plan May 2002 Page 1 of 14 rates for Mobilization Responses shall be the published rate in the Equipment Typing and Rate Guideline and/or this Annual Operating Plan. See Attachment A-1 for list of resources. Payment rates will be based upon the capacity in which the apparatus was 'being used, not on it's capability. Example: A 3,000 gallon tender with a 1,500 GPM pump, which is used as an Engine, shall be billed at the Engine rate, not the Tender rate. Charges will start at the time of activation and continue until the vehicle is placed back into service in the Cooperator's response area. Special Apparatus Rates not incorporated into Equipment Rate Guideline: Type 1 Engines(>l,000 gals or 1,500 GPM) $ 200/hr Type 1 Tenders(>3,000 gals or 1,000 GPM) $120/hr Ladder Truck $ 300/hr Medic Unit/Ambulance $ 50/hr Rescue/Extrication Truck $120/hr Command/Utility Vehicle $ 50/hr $1700/day $1020/day $2550/day $ 425/day $1020/day $ 425/day a~ Personnel Pay Rates and Classification & Conditions of Hire. The Cooperator will bill the State for all fires outside of the Primary Response Area but within the Discretionary Response Area using the following rates of compensation. These rates will also be used by the Cooperator in its billing in accordance with the stipulations of this agreement for Cooperator Reimbursement for Mobilization Responses: Fire Department Chief Officer Safety Officer/Officer Driver/Engineer (1 per vehicle) Firefighter (Min. 1 per Tender, 2 per Eng.) EMT (Minimum 2 per Rescue Medical Unit) $30/hr $30/hr $20/hr $17/hr $17/hr The above rates will be charged for the total time from dispatch until the personnel are released at the station. Absent unusual circumstances, release of personnel will occur after the vehicle (s), equipment, and tools have been returned to operational stares. See Attachment B-1 for the list of personnel. Standard Emergency Fire Fighter (EFF) rates will apply for Direct Payment of fire department personnel hired by the State. Travel time to and from the incident and subsistence, pursuant to the Union Contract, is also a reimbursable expense. Ce Designation of the Cooperator Primary Response Area. See Attachment "C-1". The Primary Response Area of the Cooperator is defined as the area within 1,000 feet off of a road capable of safely supporting heavy equipment and within the legal service boundaries of the Cooperator per Attachment "C-I". The Discretionary response area of the cooperator is defined Annual 0peratin~ Plan May 2002 Page 2 of 14 as the entire Kenai 2 De Peninsula, when authorized to respond by the Mayor, or his designee. The Mobilization response area is defined as any area outside of the Primary or Discretionary Response areas. .Inventory of.Firefighting Resources. State Resources- See Attachment "D-I" Cooperator Resources - See Attachment "A-1" State and Fire Department Command and Staff Officers, Contact Numbers- See Attachment"D-2" ~ go Coordination of Prevention, Investigation and Public Education Efforts. The State Will provide the Cooperator with wildland fire prevention material to the extent possible. The Cooperator should submit orders to the Area Forester prior to the deadline for consolidated orders. The State and the Cooperator will meet prior to the normal burn season of each year to coordinate prevention and public education programs. The State will provide wildland fire investigation services and enforcement actions to the Cooperator upon request. The State will notify the Cooperator when it has been determined that High Fire Danger Conditions exist. Fo The Cooperator will operate a municipal Burning Permit and Public Education Program. Operational Procedures within the Primary Response Area. (i). Fire Reporting. Fires will normally be reported to the Fire Department through 9-1-1. Dispatch will initiate a response from the Cooperator, and shall notify the State, when the fire is in the Primary Response Area. If the fire call is received by the State, the State may initiate a response and shall dispatch the Cooperator through 9-1-1. (ii). Fire Response and Notification Procedures. The State and the Cooperator will both respond promptly under their own agency standard operating procedures for all calls in the Primary Response Area. There is a presumption of Unified Command for the management of wildland fire incidents. The first responding agency on-scene shall assume functional command of the incident until the amval of the other responder, after which a Unified Command will normally be established. If only one party is required on scene the first responding agency shall have command of the incident and may release the other party. If the either party is in command and the other party is not on scene, the Incident Commander will provide an initial report by radio to Dispatch, which will forward the information to the other party. Annual Operating Plan May 2 002 Page 3 of 14 The Cooperator or the State may, by mutual agreement, solely assume command of the incident, and shall be in command of personnel; fire apparatus .and all other aspects of the fire suppression effort for the duration of the incident or until such resources are released. The Cooperator or the State officer may refuse to commit their personnel and resources to an unsafe situation, after notification of their concern to the Incident Commander.~ The Cooperator may request that the State assume command of any wildland fire within the Primary Response Area at any time. The State shall provide wildland fire suppression assistance to protect life and property without cost to the Cooperator within the Primary Response Area. (iii). Fire Reports and Other Documentation. The Cooperator or the State shall furnish a written fire report to the other party for each wildland fire in the Primary Response Area or Discretionary Response Area to which the other party did not respond. This report shall contain-all the information required by the other agency's reporting requirements and be submitted within fifteen (15) days after the response to the incident is completed.. The State will allow the submission of the ANFIRS 5-0 report, via FAX to 260- 4263, to fulfill this requirement. The ANFIRS reports should include all available information, a narrative, and a GPS reading to assist the state in identification of the property. (iv). Burn Closures/Bans and Burning Suspensions., Both the State and the Cooperator shall have the authority to suspend or ban open burning within the Primary Response Area upon notification of the other party. All bum permit suspensions shall be routed through the Department of Forestry, Soldotna office. The State' may issue a Bum Closure as identified in statutes. The Cooperator may Ban Burning in accordance with the provisions of the Kenai Municipal Code. (v). Burn Permits The Cooperator will issue Municipal bum permits for fires 10'X10' or less and take bum permit applications at the fire station during regular business hours, and perform a site inspection if necessary. G~ Annual Operating May 2 002 Page 4 of 14 Provisions, Conditions, and Methods for Fire Department Reimbursement The Cooperator will prepare an Incident Report and an invoice billing for apparatus, personnel time and other allowable expenses pursuant to this Annual Operating Plan. Billings submitted by the Cooperator will include the total amount incurred in the following categories and shall go to the Kenai/Kodiak Office: 1) Cost of firefighters at the rates listed in the Annual Operating Plan. 2) Charges for equipment and apparatus owned or under contract used to suppress the Plan 4 fire at the rates specified in the Equipment Typing and Rate Schedule, or Annual Operating Plan-if specialized equipment. Any other direct expenditure including costs of reconditioning suppression equipment and apparatus. 3) Cost of the repair or replacement of equipment and apparatus damaged, destroyed or lost on a fire at fair market value. He Mobilization Procedures for Cooperator Discretionary or Mobilization Responses. The State shall contact the Fire Chief or his designee listed on Attachment "D-2" for the availability of Fire Department equipment and personnel. If necessary, the Cooperator shall secure additional approvals to mobilize for a response. The State and Cooperator agree to attempt to pre-inspect .designated mobilization apparatus prior to the bum season. Pre-inspection of vehicles will shorten the response time for the Cooperator should a mobilization be needed. I® Personnel Qualification Requirements. Cooperator firefighting personnel responding to wildland fires not involving Unified Command, or structures, in the discretionary or mobilization areas will have successfully completed at least the EFF, the Alaska Wildland Interface Firefighter, or equivalent training. Personnel hired by the State shall be red carded for the position(s) they are filling. J® Annual May 2002 Page 5 of Training. Training will be offered to the Cooperator without charge. It will be the intent of the State to provide to the extent possible training in all levels of wildland fire management consistent with the priorities and needs established in this plan. 1. In addition to the training described in Section 10 of the Cooperative Agreement, the State shall provide: (a) interested Cooperator personnel with training in the Wildland Interface Firefighter Course, and (b) allow interested Cooperator personnel to attend.. other wildland fire training programs offered by the State. The State and the Cooperator should familiarize their personnel in the operation of each other's equipment as part of the annual training. 2. The State will continue to work toward a program to certify cooperators as certified instruction personnel. 3. The State will, as available, offer Cooperator personnel upper level fire management courses and support, position courses for positions necessary during project fires in order to have adequate reserves to call upon. 4. The State Will meet with the Cooperator prior to Preparation of the Annual Operating Plan 'to discuss the aCtivities of the previous season, and to elicit the Cooperator's training needs for the coming season. Each year, the parties will meet again to discuss the proposed training schedule of the Division of Forestry and agree upon the numbers of candidates that may attend specific courses. 5. The Cooperator will maintain training and experience records pertaining to wildland fire subjects. The Cooperator will be required to submit to the Area Forestry Office the experience records of its personnel (pertaining to wildland fire) on a form Operat in~ Plan 5 14 o supplied by the Area Forestry Office. These records will be used as qualifying lists for the Cooperator's personnel to obtain red cards and higher levels of training. The Cooperator and the State agree that from time to time it may be necessary to jointly conduct tests or exercises of response plans for either agency. The Cooperator and the State agree that they will assume workers compensation liability for their own personnel during such drills. If the Cooperator is outside of the Primary Response Area, State agrees to reimburse the Cooperator for the cost of repair or replacement of equipment and apparatus damaged, destroyed or lOst during any drills or exercise at fair market value. Fire Stores The State will loan fire stores to the Cooperator for use in suppressing wildland fires. The State will obtain from the Cooperator, prior to the bum season of each year, a list of equipment and supplies necessary for them to meet the requirements of this agreement. The loan of fire stores shall be documented on appropriate forms supplied by the State The Cooperator will maintain the fire stores loaned under this agreement in an operable condition. The Cooperator may replenish consumable fire stores by providing a proper incident number. If non-consumable fire stores become broken, or otherwise unusable, the Cooperator will return the damaged item, along with a statement of how the item was damaged, to the State for repair or replacement. If an item becomes lost or damaged as a result of negligence by the Cooperator, then the Cooperator will be liable for replacement. The Cooperator agrees to remm issued fire stores at the end of each wildland fire season by the date noted on the Fire Stores Issue, and to account for items not returned. Le (iii) (iv) Cooperator Specific Subjects and Issues. (i) Radio Frequencies- See Attachment (E-1) (ii) Fire Permit Issuance. The Cooperator will issue burning permits within the Primary Response area when requested by the public per the Kenai Municipal Code. The State will issue bum permits in the Discretionary Response area. Personnel Pay Rates and Compensation. EXAMPLE: Cooperators paid personnel shall remain employees of the Cooperator while paid as a City employee. On-call and off-duty personnel may be hired by the State as EFF, when approved by the Chief. The personnel pay rates and compensation described in Section B of this Annual Operation Plan shall be paid on all billable responses. In addition, the Cooperator will be incurring recall costs to replace missing personnel. Elevated costs of recalls are a reimbursable expense related to this Annual Operating Plan and the Cooperative Agreement. (Regular pay would be normal, but hiring back a replacement at time and ½ would have an elevated cost of replacement. The overtime component would be a billable cost.) Compensation to employees pursuant to the City Personnel Regulations is also reimbursable expenses. Operational Procedures. The Operational Procedures outlined in Section F of the Annual Operating Plan are in effect. The Cooperator and the State agree that the Cooperator may request that the State take over any wildland fire inside the Primary Response area at any time with appropriate notice to the State. At that Plan Annual Operating May 2002 Page 6 of 14 Mo Ne point, the State may elect to hire some of the Cooperators equipment and personnel at the rates specified in this Annual Operating Plan, or seek services Effective Date and Termination. This Annual Operating Plan shall be effective upon execution by both parties and shall continue in effect through December 31, 2002 unless terminated in accordance with this agreement. In the event a new Annual Operating Plan is not executed on or before March 1, 2003, this agreement shall continue in effect as written or modified until terminated or replaced by a new Annual Operating Plan. Either party may terminate this plan, without cause, thirty (30) days after written notice of intent to terminate has been served. Preparation, review, and/or modification of this Annual Operating Plan, shall normally be completed prior to April 1st of each year. Compliance Failure. Failure of the Cooperator or the State to insist upon the strict compliance of any of the terms in this Plan shall not constitute a waiver by either of the parties of it's rights with respect to performance rendered thereafter or to insist upon full and strict compliance of the exact terms of this Plan. 0 Pe Notice All legal notices relating to this Plan, including change of address, shall be mailed to the State and Cooperator at the following addresses: State: DNR, Division of Forestry Kenai-Kodiak Area Office 42499 Sterling Highway Soldoma, Alaska 99669 Cooperator: Fire Chief Kenai Fire Department 105 S. Willow St. Kenai, Alaska 99611 Severability In the event a provision of this agreement is found to be unenforceable or void for any reason, it shall be considered as severed from this agreement, and the remaining portions of this agreement shall stand as if that portion had never been included in the agreement. In the event the unenforceable or void provision is legally essential to the continuing existence of the agreement, the parties shall attempt to substitute a reasonable replacement provision. Cooperator: Annual Operat in~ May 2002 Page 7 of 14 State of Alaska, DNR. Plan 7 By: Date: City Manager Attest By: Date: City Clerk Kenai Fire Department By: Date: Chief, City of Kenai Approved As To Form And Legal Sufficiency Sufficiency BY Date By: Title' Date: Approved BY Date As To Form And Legal Annual Operating Plan May 2002 Page 8 of 14 ATTACHMENT A-1 KENAI FIRE DEPARTMENT RESOURCES UNIT TYPE DATA RATE SCHEDUI~E Unit-9 Jeep Cherokee Chief- 1 Chevy Caprice Command/Safety Command/I.C./Chief $50.O0/hr $50.O0/hr Special Special Engine-2 Engine Engine-1 Engine 2000 gal, 1500 GPM 500 gal, 1500 GPM $200.00/hr $165.00/hr Special Special Engine-3 Tender 3000 gal, 2500 fold tank $120.O0/hr Special Rescue-7 Ambulance Rescue-8 Ambulance ACLS, medic unit ACLS, medic unit $50.O0/hr $50.O0/hr Special Special Tower-1 Aerial 200 gal, 1500 GPM 95 ff $300.O0/hr Special Squad-1 4x4 F550 Ford 300 gal slip-in w/100 GPM $120.00/hr Special Annual Operating Plan May 2002 Page 9 of 14 ATTACHMENT B-1 KENAI FIRE DEPARTMENT PERSONNEL LIST 907-283-7666 (Contact All) RANK/NAME Chief Scott Walden Assistant Chief Michael Tilly Fire Marshal James Baisden Captain William Furlong Captain Walter Williamson Captain James Dye Engineer John Wichman Engineer Eric Wilcox Engineer Anthony Prior Firefighter Jason Diorec Firefighter Greg Coon Firefighter Mark Anderson Firefighter John Harris Firefighter Samuel Satathite Fir¢fighter Thomas Carver Admin. Assist. Lori Hollcman 4D1 . 4D2 4D3 4D5 4D6 4D7 4D8 4D9 4D10 4Dll 4D12 4D13 4D14 4D15 4D16 4D17 Annual Operating Plan May 2002 Page 10 of 14 10 ATTACHMENT C-1 KENAI FIRE DEPARTMENT PRIMARY RESPONSE AREA City of Kenai Boundaries KENAI SPUR ROAD East side bordering Ridgeway- Kenai Spur Road Mile 3.8 (Kenai side of Golden Eagle Ave.). West side bordering Nikiski - Kenai Spur Road Mile 14.8 south side only of Borgen Ave. MARATHON ROAD Beginning at intersection of Kenai Spur Road and Marathon Road going north approximately 2.5 miles.' Extends about one-half mile past fenced area enclosing city airport. STRAWBERRY ROAD Both sides Strawberry Road up to North Strawberry Road, then only the houses on left up to Carver Road. KALIFORNKSY BEACH ROAD Intersection of Kalifomsky Beach Road and Bridge Access Road. Land area on fight side of Kalifomsky Beach Road up to and including V.I.P. Estates to Bowpicker Lane. CANNERIES Includes Inlet Salmon and Wards Cove, but not Cannery Road. Both Roads that branch off the end of Cannery Road: Dragnet Court and Sea Catch. KENAI RIVER & COOK INLET BEACH AREAS Kenai Spur Road Mile 3.8 south across the Kenai River (also known as The Pillars or Obert's Landing) to south bank of the fiver to the mouth of the Kenai River. Beach area from end of Cannery Road including the mouth of the Kenai River to Kenai Spur Road Mile 14.8. 'Annual Operating Plan May 2002 Page 11 of 14 11 ATTACHMENT D-1 STATE OF ALASKA RESOURCES (mank) Annual 0peratin~ Plan May 2 002 Page 12 of 14 12 ATTACHMENT D-2 KENAI FIRE DEPARTMENT COMMAND AND STAFF MEMBERS CONTACT NUMBERS: Chief Scott Walden Office: 283-7666 Asst. Chief Michael Tilly Office: 283-7666 Fire Marshal James Baisden Office' 283-7666 Home: Home: Home: On-Duty Captain 24 hours per day, 365 days per year: 283-7666 fax' 283-8171 *Capt. Walter Williamson *Capt. William Furlong *Capt. James Dye STATE COMMAND AND STAFF MEMBERS. Rick Plate* 260-422o Marok, Tom* 262-7873 Peterson, Jim* 262-7009 Rick Jandreau* 260-4211 Area FMO Logistics Coordinator Area Forester Operations Forester (*) These personnel will rotate as duty officers throughout from Aprill5 through September 30. The duty officer can be reached by calling the Division of Forestry office at 262-4124; by pager, local at 262-2640 and enter pager//1372 or statewide at 1-800-478-7243 and enter pager//1372; or at the above home number after hours. Annual Operating Plan May 2002 Page 13 of 14 13 CH# 01 02 03 04 05 06 07 '08 09 10 11 12 13 14 15 ATTACHMENT E-1 KENAI FIRE DEPARTMENT RADIO FREQUENCIES DEPT/NAME TXFREQ.MHZ Kenai F.D. Tach KFD Tach KFD Kenai P.D. CES RT CES TK CES TK Nikiski RT Nikiski TK AST CPGH Sterling DOF DOF/IA # 1 DOF/IA#2 DOF AIR ATCK ,154..355 154.205 154.235 154.725 154.385 154.385 154.325 154.145 154.145 155.250 154.025 151.265 159.375 172.225 136.075 Annual 0peratin~ Plan May 2002 Page 14 of 14 14 Plan Review Properties Page 1 o THE PLAN REVIEW PROCESS The State Fire Marshal is the State Building Official Construction, repair, remodel, addition, or change of occupancY of any building/Structure, or installation or change of fuel tanks must be approved by the State Fire Marshal's Office before ANY work is started. Residential housing that is three-piex or smaller is exempt from this requirement. Exception: The following jurisdictions have accepted a deferral for full co'de enforcement and plans should be submitted directly to the city: Anchorage, Juneau, Fairbanks, Kenai, Seward, Kodiak, Sitka, and $oldotna Plans and specifications regarding the location of the building or structure on the property, area, height, number of stories, occupancy, type of construction, interior finish, exit facilities, electrical systems, mechanical systems, fuel storage tanks and their appurtenances, automatic fire-extinguishing systems, and fire alarm systems 'must be submitted by the owner or owner's representative to the State Fire Marshal for examination and approval. This review does not address structural considerations or accessibility requirements. Mechanical and electrical review is limited to that which is necessary to confirm compliance with fire and life safety requirements. :Et is prohibited to occupy a building for which plans have not been examined and approved. If any work for which a plan review and approval is required has been started without first obtaining plan review and approval, an additional special processing plan review fee of $;1OO is charged for the first violation. The special processing plan review fee for a subsequent violation by the same person is an additional charge equal to tile amount of the standard plan review fee for the project. The Buildino Permit Process: Submit a completed plan review application form and construction documents to the appropriate regional State Fire Marshal's Office. A plan review fee will be calculated by the Fire Marshal's Office. The plans are reviewed after receipt of the fee. The review is usually within TEN working days, however, additional information may be required. After the review is complete, a permit is issued. A copy of the plan review approval certificate must be posted as required in 13 AAC SS.ZOO(b). Authority: AS 18.70.080 Alaska Administrative Code: 13 AAC 50.027 (The plan review application is in Adobe Acrobat format.) http://www, dp s. stat e. ak. us/fire/htm/p 1 an. htm 4/24/2002 [ ] P.O. BoxlI1200 Juneau, Alaska 99811-1200 Phone (907) 4654331 Fax (907) 465-5521 [ ] 5700 E. Tudor Road Anchorage, Alaska 99507 Phone (907) 269-5604 Fax (907) 269-5018 APPLICATION FOR FIRE AND LIFE, SAFETY PLAN REVIEW Authority: 13 AAC 50.027 1. Name of Building: 2. Provide a description of the work in this project: .. [ ] 1979 Peger Road Fairbanks, Alaska 99709 Phone (907) 451-5200 Fax (907) 451-5218 Provide cost of work for: [ ] renovations [ ] occupancy change [ ] or fuel system project: $ 3. Describe location of project by street address, city, and block, or similar description that will help us to find the project for inspection purposes: 4. Describe what this building is to be used for: Type of construction: Total square footage: Indicate use or IBC occupancy: Sprinkler system to be installed: [ lYES [ 1 NO APPLICANT'S NAME: COMPANY NAME: M~ILINGADDRESS: OWNER'S NAME: BUSINESS NAME: MAILING ADDRESS: CITY/STATE: CITY~ STATE: ZIP: PHONE: ZIP: PHONE: FAX: FAX: I certify that I have read and examined this application and know the same to be true and correct. I recognize that approval of plans sUbmitted does not presume to give approval to oversights by the Division of Fire Prevention nor grant authority to violate or cancel the provisions of any other state or local law regulating this occupancy. WHEN THE QRIGINAL APPRQVED PLANS ARE ^L .TER~ Er~ OR MODIFIED IN ANY WAY, THEY MUST BE RESUBMITI'ED AND AN ADDITIONAL PLAN CHFL-~ FEE Wll,l, BE CHARGED~ THF~ ADDITIONAL PLAN CHECK RATE WH~ BE $50.00 PER HOUR, MINIMUM 2 HOURS = $100.00 MINIMUM FEK 13AAC 50.027(8): "ff any work for which a plan review and approval is required by this subsection has been started without first obtaining plan review and approval, a special processing plan review fee will be charged. The special processing plan review fee is $100.00 for a first violation. The special processing plan review fee for a subsequent violation by the same person is an additional charge equal to the amount of the standard plan review fee for the project." APPLICANT'S SIGNATURE DA TE PLANREVIEW CHECKLIST: (AS 08A8 STAMPED ARCHITECTURAL/ENGINEERED PLANS RFQUIRED) DIMENSIONAL PLOT PLAN: Show distance to property lines and existing buildings. SET OF ARCHITECTURAL DRAWINGS: Floor plans, building sections, interior and exterior wall details, door and hardware type. MECHANICAL DRAWINGS: Hood and duct, heating/ventilation, fuel tank size and location. ELECTRICAL DRAWINGS: Show emergency lighting, fire alarm system, etc. FIRE PROTECTION SYSTEM: Automatic sprinklers, hood suppression, etc. IT IS IN VIOLATION OF STATE LAW TO BEGIN ANY CONSTRUCTION BEFORE A PERMIT HAS BEEN ISSUED BY THIS OFFICE. AS 18.70.010- AS 18.70.100 (REVISED 9/15/01) Tip of the Week - March 4, 2002 Page 1 of 1 PAGE WOLFBERG IRTH. [ back I tips I H!P~ ! Medicare Fee Schedule I practice areas I attorney_b_i0s I offices ! ems laws l ems bulletins I !inks I seminars & events ] Tip of the Week Archives March 4, 2002 Revisit Your Rates! In recognition of the hectic week that was, with last week's publication of the Medicare Ambulance Fee Schedule Final Rule (effective April 1, 2002), we thought it would be appropriate to dedicate the current EMS Law Monthly Tip of the Week to one of the most basic, yet important issues which will affect every ambulance service under the Medicare Fee Schedule: that is, the issue of Medicare paying the lesser of the fee schedule amounts or yoUr actual billed charges. Medicare will pay the lesser of two amounts: either the amount you actually bill, or the fee schedule amount. Many ambulance services will receive far less under the fee schedule than they currently charge, and it is unlikely that these ambulance services will get burned by the "lesser of actual charges or fee schedule" role. However, some ambulance services may see certain rates go up under the fee schedule. For some pockets of the country, the Medicare allowable for the ambulance service base rate will increase. In other areas, mileage rates will increase. It is important that your ambulance service's own charge schedule keep pace with Medicare rates -- you don't want.to leave money on the table if it is legitimately yours! Here is one particular trap that might catch some ambulance services short. If your regular billed mileage rate is $6.00, you would be exceeding the fee schedule mileage rate of $5.47. However, if you pick up a patient in a rural area, you are actually entitled to $8.21 for loaded miles 1-17, and $6.84 for loaded miles 18-50 once the fee schedule is fully implemented. However, if you bill only $6.00 per mile, you will get only $6.00 for your rural miles, because Medicare will pay you the lesser of your billed amounts or the fee schedule amount. Thus, for a trip of 50 loaded miles originating in a rural area, your ambulance service would leave $65.29 on the table if its mileage charge was only $6.00. These are funds to which your ambulance service is legitimately entitled and should not miss out on due to a failure to update, its charges. Medicare has estimated that 1.1 million ambulance service claims in 1998 did not bill for mileage though many would have been entitled to do so. Many ambulance services simply fail to cOllect substantial sums of money to which they are legitimately entitled for their services. Make sure that your ambulance service's charges keep pace with the Medicare Fee Schedule, so you won't be included in this statistic in the furore! Copyright 2002 Page, Wolfberg & Wirth, LLC, All Rights Reserved Order "The Ambulance Service Guide to HIPAA Compliance" and Sign up for the National Audio Conference on Ambulance Service HIPAA Compliance Here http ://www. pww ems law. com/ACTIVE/Tips/TipsArchives/03.04.02.htm 4/24/2002 Z uJ Abbreviations listed are defined as follows' LEVEL i (BLS) ~.. Basic Life Support or non life threatening medical problems or injuries (sprained ankle, broken leg, etc.). Treatment and transport of a stable patient who may have an altered level of consciousness. LEVEL !! (ALS) Advanced Life Support or medical problems or injUries which make the patients vital signs unstable, may be life threatening (amputations, other severe trauma, etc.). Treatment and transport of a patient with unstable vital signs and altered level of consciousness. Pre-hospital treatment is essential but may not adequately stabilize these patients. LEVEL III (ACLS) Advanced Cardiac Life Support or medical problems or injuries which are life threatening (cardiac arrest, severe trauma requiring life support measure, CPR required, etc.). Treatment and transport of a patient with deteriorating life threatening condition. Survival generally questionable and pre-hospital care is needed immediately. LEVEL IV (Technical Rescue with ALS or ACLS) Rescues which tax the resources of the department. Entrapment of a victim requiring extensive extrication, including vehicle extrication, heavy equipment extrication or rescue that may include Level I! or Level III treatment and transport. E.M.S. Rates: Billing Rates for Kenai Fire Department - E.M.S. ServiCes Level I Level II Level III Level IV Mileage 325 Basic Life Support 550 Advanced Life Support 550 Advanced Cardiac Life Support $!r000 Technical RescUe with ACLS or ALS 4.50 / mile Rates include Supplies and medications. Billing procedures 1) Medicare andMedicaid billings are expected to be filed electronically by a subcontractor. 2) Other billings will be made by the Finance Department. 3) The Fire Department completes the source document for billings. 4) Interest will not be charged. Penalty of 10% may be charged on accounts not paid within 45 days of billing. 6) The Finance Director has authorization to write off accounts deemed uncollectible, including amounts in excess of allowable charges under Medicare and Medicaid. Effective May 1, 1995. Approved by the City Manager: ~'ignature //' Reviewed by City Council on April 19, 1995. KENAI SEN ! O R C ENTER Helping People Age with Dignity CITY OF KENAI April 24, 2002 To: Linda Snow Rachaei S. Craig Subject' Fees/Charge Description of the Fee/Charge Rental Fees Main Dining Room $250.00 Kitchen $ 75.00 'Podium ~ $ 15.00 TV/VCR $ 20.00 Dishes (each place setting) $ 1.00 Each additional Service Call $ 25.00 Plus Tax Last year's revenue for Rentals was $23,525. I do not know if these fees have ever been increased. However, I would suggest raising the kitchen fee from $75.00 to $100.00 and leave the dining room fee at $250.00. Lunch Donation - $4.00 $ 8.00 for a non-senior (this fee is not considered a donation) This fee was raised last year. I woUld not raise these fees. Because of our grant, the charge for lunch, if a person is a senior, is considered a donation. Most senior centers on the peninsula are charging this fee for their suggested donation. Last year' s revenue for donations was $70,171. Housing See Attached form for rental rates In 1995 rental rates were raised $9.00. I would suggest raising them $25.00/per month. That would bring an increase of $12,000 per year. Last year's revenue for housing was $275,803. 361 SENIOR COURT · KENAI, ALASKA 99611 TELEPHONE: (907) 283-4156 · FAX: (907) 283-3200 · E-MAIL: senior@ci.kenai.ak.us VINTAGE POINTE Remal Raies Roo-~---~--- ~--~-~-~ Las'~'~~ Ren~ Tax TOtal Add. Rent Pyn~t 213 Wi]borg $502.00 $2~.00 $527.00 209 Gene & Anna --- ~ $574.0'--"--'-'~~ $25.0~-'-- $899.0~ 101 Christine Wassom $490.00 $24.50 $[314.50 -- 304 Lucy Volk $454.00 $22.70 $476.70 102 Betty Vincent ~ $23.30 $489.30 110 Ken Tyler $478.00 -~3.90 $801.90 203 Jan Taylor $502.00 $25.00 $827.00 208 Buc'~ Steiner $538.00 $25.00 $863.00 ~.lo jim Sno'~'~~ $46~.0--------5-~ SZS.~-~---~---- $4a9.~--------5~ 109 Jo Seelinger $574.00 $25.00 $599.00 113 Helene ~t --$$02.0"-"--""~~ $25.0-"'""'"~~ $527.0'~'"'-"~~'"'--'- 211 Elaine Reausaw $514.00 $25.00 $839.00 103 Von & Skiela Phillips $502.00 $25.00 $527.00 214 Esther ~ Petee'~ $468.0~'-'--~-~ $23.3-~--'~-~ $489.3'~'"~"~~ Pd Aug-'~'--~Sept, O~"- 205 Marge Pate $514.00 $25.00 $539.00 308 William Nelson $454.00 $22.70' $476.70 305 Be~iy Nelson $550.00 $25.00 $$75.00 112 Ag-es Snyder $466.00 $23.30 $489.30 108 Vienna Kivi $466.00 $23.30 $489.30 ,, 201 Dick Jurgensen $490.00 $24.50 $$14.50 111 Evel¥-~ Juday $514.00 $25.00 $539.00 " 204 Lee Jordan $466.00 $23.30 $489.30 107 Earl Jones $550.00 $25.00 $$78.00 206 Gloria Jones $478.00 $23.90 $501.90 306 Sylvia Johnson $526100 ~25.00 $551.00 310 Jo Jarvis $454.00 $22.70 $478.70 307 Joanna Hollier $562.00 $25.00 $587.00 302 Loveda Hobbs $454.00 $22.70 $476.70 301 P~amon8 Groomes $490.00 $24.50 $5' 207 Lucille Gritmacker $550.00 $25.00 $575.00 105. Dick & ~ean Fields $514.00 $25.00 $539.00 104 Eh/da Desch $478.00 $23.90 $501.90 311 Doris Day $490.00 $24.50 $514.50 303 Betty Lou Curtis $354.00 $14.00 $368.00 312 Evelyn Crumley $454.00 $22.70 $476.70 309 ~die Covich $490.00 $24.50 $514.60 115 Margaret Cartee $49.0.00 $24.50 $514.50 " 212 k;~sie Buttle $478.00 $23.90 $501.90 215 Lflhan Blanksma $340.00 $17.00 $357.00 8/8/01 Municipal Airport Report to Council On Rates & Fees Introduction There are several types of fees charged to users of the Airport. For ease of understanding this report is broken into categories addressing each type of fee. The categories are' Land Lease Rates & Fees Terminal Lease Rates Special Use Permits Fuel Flowage Fees Aircraft Landing Fees TranSient Aircraft Parking Fees Aircraft 'Tie-down Fees Vehicle Parking Fees Concession Fees Off-Airport Rental Car Fees Airport Land Lease Rates Procedures for leasing or purchasing airport lands are addressed in KMC 21.10 (Attachment I). It is this section of the Code that defines rates and fees. Provisions of .said leases are covered in KMC 21.15; while policy governing modification of existing leases are addressed in KMC 21.20. Revenue in FY2001 waS $371,564. No changes are recommended. Airport Terminal Lease Rates Space in the airport terminal that does not fall under the competitive bid process is leased at $1.65 per square foot per month. This number was established by Resolution No. 86-39 (Attachment II). There are no written records of changes or formal review since that date. Council has approved Several specie use permits and leases at that rate; most recently the renewal of Era Aviation's lease. A table is attached showing lease rates at various airports. According to local realtors the 'going rate' for standard office space in the City of Kenai ranges from $1.00 to $1.50, depending on amenities included in the lease. The majority of office space rents for $1.00 - $1.25 per square foot and includes utilities and snow removal. Retail space varies according to location and size, however $1.65 is still the higher end of the ,scale. Revenue collected in FY2001 was $66,210. No changes are. recommended. Special Use Permits Special use permits for office space in the Terminal are issued at the $1.65 rate, unless they are based on a commission. For example, th~~ concession agreement for the ATM machine is at 15% of gross and the calling card vending machine is at 25% of gross sales. Other special use permits for ramp areas are based on fees established for the fish haul permits. These equate to approximately $100 for each 10,000 square foot section per month. Special use permit revenues are reported under rents and leases with the exception of the advertising concession and rental cars. The advertising concession paid $8,824 in FY2001 and the car rental agencies paid $151,673. No changes are recommended. ~ Fuel Flowage Fees Fuel towage fees are common at airports serving large and heavy aircraft consuming millions of gallons of fuel. The primary carrier at Kenai Municipal fuels in Anchorage, therefore, this type of fee would be burdensome to calculate and collect for minimal return. A common fee would be .2 cents per gallon or 20 cents per 100 gallons; $2.00 per 1000 gallons. The on-airport fuel service estimates they dispense less than 2000 gallons per month. It is recommended that the City not pursue collection of a fuel towage fee at this time. Aircraft Landing Fees Landing fees were doubled effective June 1. 2000. The current rate is .50 per thousand pounds maximum certified gross take off weight (MCGTOW). In addition to increasing the landing fee, the airport began aggressively tracking landings and collecting fees. The attached (Attachment III) chart provides detailed information on companies charged landing fees in 2000 and 2001. These charts do not include Iliamna Air and Security Aviation both of which have agreed to calculate and pay landing fees retroactive to October 2001. Total landing fee collections in FY2001 were $108,997, up from $45,363 in FY2000. The more than double increase is attributed to an increased effOrt on the part of airport staff to collect fees from all aircraft. No changes are recommended in this fee category. Transient Aircraft Parking Fees Transient airCraft are charged $2.00 for overnight parking on the paved ramp, $3.00 for private floatplanes and $5.00 for commercial floatplanes or electrical. There is no charge for short-term parking. Most airports allow free parking for at least 4-6 hours. Some larger airports charge for parking based on weight of aircraft. If a rate change is considered, I would suggest set fees; for example $2~00 for light aircraft (under 4,000 lbs CMGTOWl and $5.00 for those over 4,000 lbs. Administratively this would only require a change to the Transient Aircraft Parking and Landing Form (Attachment IV). Any other changes would require repainting of ramp signage and changes to published material. The current fees are similar to those charged at other airports in the State and were reviewed six months ago in conjunction with the fie-down fee review. Total revenue from parking in 2001 was $999. Airport staff recommends the overnight parking fee for aircraft 4,000 CMGTOW and over be increased to $5.00 for overnight with no charge for stays less than 4 hours. Aircraft Tie-Down Fees The aircraft tie-down fees were reviewed in the fall of 2001 and revised to be competitive with other local airports. The rates are listed below. PAVED AREA Wheels Wheels w/Electric GRAVEL AREA DAILY MONTHLY YEARLY $9..oo $40.00 $ 6o.oo $5.00 $60.00 $420.00 Wheels/Ski $2.00 $40.00 $360.00 FLOAT PLANES IPR/VATE~ Floats Only-May to October Floats/Skis Floats/Wheels Floats/Skis/Wheels Floats/Wheels w/Electric FLOAT PLANES (Commercial) Floats Only- May to October Floats/Skis/Wheels Commercial Electrical $3.00 n/a n/a n/a $5.00 n/a $5.00 $40.00 n/a n/a n/a $50.00 n/a $75.00 $250.00 $360.00 $360.00 $420.00 $300.00 $450.00 $550.O0 Any increase in these fees might make other area facilities more attractive to local pilots. Conversely, any reduction in fees would compete with our airport tenants that provide a similar service. Council reviewed this issue within the last six months. Total 2001 revenue from aircraft tie-down fees was $5,511. No change is recommended. Vehicle Parking,Fees A table showing vehicle parking fees at other airports is attached. It is common practice to allow free parking for 30 min. to an hour. As the attached chart (Attachment V) shows, most airports we contacted charge for parking in excess of 1 hour. Short-term parking lots are normally restricted for 1 - 3 days. Other airports charge more for short-term lot but allow parking in excess of 3 days if the customer is willing to pay the higher rate. For example, the short-term lot might charge $5.00 per day and the long term $4.00 per day. Given the comments of some local residents it appears they might be willing to pay the extra amount if they were allowed to park closer to the terminal. This configuration might also relieve some of the congestion in the long-term lot. If the City were to charge for short-term parking we would need some method of tracking and enforcement. Ticket machines would work for entering the parking area but some type of manned payment booth is required for this type of operation. If we utilized a drop slot or honor system we would need to provide a person to track and enforce the procedures. Fully automated systems are expensive and would require fencing or barricading the lot to limit egress. Automated systems do not provide for enforcement nor would they provide a method of allowing bar, restaurant, or travel agency customers to stay more than two hours. We should also consider our customer service; a fully automated system does not give us the flexibility to forgive overstaying if the flight is canceled or delayed or the customer has an emergency. We currently publish a phone number and make accommodations for these circumstances. Our willingness to work with our customers has been well received. I contacted Guardian Security and was told that they would supply guard service 24/7 for approximately $140,000 per year. This full time guard could collect fees, issue tickets, patrol the loading/unloading-area in front of the Terminal, assist travelers and provide a higher level of security for all tenants and customers. Guardian assured me the Airport would have the right to specify professional and customer service standards for their personnel. A contract at this level would require a competitive bid process; therefore this should be considered an estimate and not a firm number. The Airport currently spends approximately $21,000 per year for limited security service; therefore the increase would be $120,000. Increased fees would offset-this number and, depending on the amount of increase could produce more revenue for the Airport. Based on recent observations of the short-term lot there is an average of 40 cars per day using the lot during the slow season (holidays and summer being considered the high season). This number does not include cars in the lot less than 2 hours. Current parking revenues are projected at $75,000 for FY 2002. Increasing the long-term rate from two to four dollars would double that amount and short-term rates of $5 per day would add an estimated $73,000. After deducting the cost of hiring a guard service, the projected revenue gain would be $28,000. This does not include revenue resulting from issuing parking fines rather than towing violators. As shown on Attachment 4, parking fines alone have the potential of increasing revenue in excess of $20,000. The airport staff has been researching parking issues for the past six month and one of the primary suggestions has been to institute fines rather than towing all offenders. While the overall revenue gain is not significant, the addition of a uniformed presence in the Terminal and on the driveway would provide better traffic flow, a higher level of consistency and increased security for the entire airport. Total parking revenue in 2001 was $82,322. It is recommended that further information be developed with the intent of raising parking fees and hiring full time security to implement procedures and fines. Concession Fees Concessions in the airport such as the bar, restaurant, travel agency and rental cars agencies are based on a competitive bid process. All of these contracts except the 10-year advertising contract have been bid in the last three years and all are at a higher rate than previous contracts. Increased advertising during the bid process encourages more competition for available space and higher bids. Concession fee revenue is reported in terminal leases, advertising commissions and car rental commissions. No changes are recommended. Off-Airport Car Rental Concessions The practice of collecting fees from off-airport car rental companies is standard in the industry. I have attached (Attachment VI} the first 5 pages of a 90 page DOT document issued'in'April 1989 addressing this issue. This document addresses the reasons for and court cases upholding the right of airports to collect these fees. The complete document is available on request. When this document was issued relatively few airports nationwide were collecting this fee. Since 1989 the imposition of fees for off-airport Car rental companies has become industry standard. The State of Alaska collects these fees under the authority of 17 AAC 42.100 (Attachment VII). At the Kenai Municipal Airport concession fees collected from our terminal rental car agencies account for revenue in excess of $150,000 annually. This is the single largest revenue source in the Terminal budget. Off-airport car rental agencies Utilize the airport parking lot free of charge, use the local airline to distribute and collect keys and are the single largest owner of record for cars left overnight in the short-term parking lot. The fact that these companies are deriving income from passengers utilizing the airport facility without paying any fees may give them an advantage over the companies doing business in and paying fees to the airport. The current rental car concession agreement requires on-airport car rental companies to pay 10% of their gross receipts to the airport in addition to the space rent. I have received numerous complaints from our on-airport companies concerning the unfair pricing advantage afforded the off-airport car rental companies operating at the Kenai Airport. It is recommended that off-airport car rental fees be established. 21.10.010 Chapter 21.10 LEASING OF AIRPORT LANDS Sections: 21.10.010 21.10.020 21.10.030 21.10.035 , 21.10.040 21.10.060 21.10.070 21.10.080 21.10.090 21.10.100 21.10.110 21.10.120 21.10.130 21.10.140 Lands available for leasing. Qualifications of applicants or bidders. Applications. Filing fee and deposit. Rights prior to leasing. Processing procedure. Review. Terms of lease. Appraisal. Annual minimum rental. Service by realty firms and brokers. Bidding procedure. Principles and policy of lease rates. Lease execution. 21.10.010 Lands available for leasing. All the Airport lands within the limits of the City to which the City holds title may be leased as hereinafter provided. (Ords. 258, 400, 531) 21.10.020 Qualifications of applicants or bidders. An applicant or bidder for a lease is qualified if the applicant or bidder: (a) Is an individual at least nineteen (19) years of age or over; or (b) Is a group, association, or corporation which is authorized to conduct business under the laws of Alaska; or (c) Is acting as an agent for another and has quali- fied by filing with the City Manager a proper power of attorney or a letter of authorization creating such agency. The agent shall represent only (1) one principal to the exclusion of him- self. The term "agent" includes real estate brokers and agents. (Ords. 258, 400, 531, 1878-2000) 21.10.030 Appfications. (a) All applications for lease of lands shall be filed with the City Manager on forms provided by the City available at City Hall. Applications shall be dated on receipt and payment of filing fee and deposit. No application will be accept- ed by the City Manager unless it appears to the City Manager to be complete. Filing fees are not refundable. Co). With every application, the applicant shall submit a development plan, showing and stat- ing: . (1) The purpose of the proposed lease; (2) The use, value and nature of improvements to be constructed; (3) The type of construction; (4) The dates construction is estimated to com- mence and be completed (maximum of two (2) years); and (5) Whether intended use complies'with.the zoning ordinance and comprehensive plan of the City. Applications shall become a part of the lease. (Ords. 258, 400, 531, 689, 1878-2000) 21.10.035 Fding fee and deposit. (a) A filing fee in the mount of twenty dollars ($20.00) shall be paid on filing of an applica- tion for lease of lands. (b) On filing of application for lease of lands, the applicant will make a deposit to show good faith and secure the City in payment of any costs in the following mounts: (1) If the property sought to be leased has already been subdivided, the mount of the deposit will be two thousand dollars ($2,000.00). (2) If the property sought to be leased has not been subdivided, then the amount of the deposit will be three thousand dollars ($3,000.00). (c) ff the City refuses to lease the desired property to the applicant through no fault of the appli- cant or failure of applicant to comply with directions of the Kenai Planning and Zoning Commission, then the deposit will be returned 365 (Kenai 12-140) ATTACHMENT I 21.10.035 to the applicant. If the applicant complies with all of the requirements of the ordinances and of the Kenai Planning and Zoning Commission and secures a lease to the land, then the deposit will be applied to the City's costs of survey, appraisal, and any related reviews, with any excess deposit applied to rent and any shortage billed to the applicant. If the applicant refuses to comply with any requirements of the ordi- nances or the Kenai Planning and Zoning Com- mission and either causes inordinate delay or otherwise refuses to secure a lease to the prop- erty, then any expenses incurred by the City will be reimbursed from said deposit and the balance thereof, if any, shall be returned to the applicant. (Ords. 689, 1290-88, 1802-98) 21.i0.040 Rights prior to leasing. - The fffing of an apphcation for a lease shall give the applicant no fight to lease or to the use of the land for which they have applied. The applica- tion shall expire within six (6) months after the application has been made ff a lease has not been entered into between the City and the applicant by that time. Lease rates are subject to change on the basis of an appraisal done every six (6) months on the property applied for. (Ords. 258, 400, 435, 531) 21.10.060 Processing procedure. (a) Applications shall be forwarded to the Planning and Zoning Commission upon receipt. The Planning and Zoning Commission shall normal- ly consider applications for Specific lands on a first-come, frrst-served basis if the Commission finds that the application is complete and the use proposed in the application is the highest and best use and conforms to the Airport Mas- mr Plan and other goals set by the Commission or the City Council. Where there is difficulty in obtaining a perfected application, details as to development plans, etc., or where the appli- cant fails to comply with directions or requests of the Planning and Zoning Commission, any such priority win be lost. If an application for the purchase of City-owned lands, previously authorized for sale by the Council, is received by the City prior to the Kenai Planning and Zoning Commission making an affirmative or negative recommendation to the Council re- garding the lease application for the same prop- erty, said property shall be offered for sale in accordance with the provisions of the Code. (b) The City Council shall normally consider a lease proposal only after approval of the Plan- ning and Zoning Commission. However, ap- peals of Planning and Zoning Commission disapproval may be made to the City Council. Completed lease applications must be presented to the City Council within thirty (30) days after approval by the Planning and Zoning Commis- sion. (c) Conceptual applications relative to unplatted land ancL/or unreleased lands will also be con- sidered on a first-come, first-served basis under the same conditions set forth above. On ap- proval of concept by the Planning and Zoning Commission and the City Council, the appli- cant is assured the fight of first refusal of the lease following the determination of a lease rate in accordance with established policy. (d) Where there are two (2) or more applications for the same airport lands for different uses, then if the Planning and Zoning Commission makes a finding that a subsequent application would result in use of the lands for a higher and better purpose with a greater benefit to the City of Kenai and the citizens thereof, then the lease will be issued to such applicant notwith- standing the provisions of subparagraphs (a) and (c) in this section which provide for leas- ing on a first-come, first-served basis. Any applicant may appeal to the City Council from a find~g or a refusal to fred by the Planning and Zoning Commission as to highest and best use by filing an appeal with the City Clerk within seven (7) days after the finding is made or refused by the Planning and Zoning Com- mission. (Ords. 400,531, 689, 917, 932, 1802-98, 1878-2000) (r,~ ~24-00) 366 21.10.070 21.10.070 Review. No leased land maybe changed in use, nor may any renewal lease be issued until the proposed use or renewal has been reviewed by the Planning Com- mission and approved by the Council. (Ords. 258, 53 ) 21.10.080 Terms of lease. All leases shall be approved by the City Coun- cil before the same shall become effective. The term of any given lease shall depend upon the durability of the proposed use, the mount of investment in improvement proposed and made, and the nature of the improvement proposed with respect to durability and time required to amortize the proposed invest- ment. (Ords. 258, 531) 21.10.090 Appraisal. No land shall be leased, or a renewal lease issued, unless the same has been appraised within a six (6) month period prior to the date fzxed for beginning of the term of the lease or renewal lease. No land shall be leased for less than the approved appraised annual rental. Appraisals shall reflect the number and value of City services rendered the land in question. (Ords. 258, 531) 21.10.100 Annual minimum rental. (a) Annual minimum rentals shall be computed from the approved appraised market value utilizing the method as described in KMC 21.10.130(a)(1) below. Annual minimum rental shall include: (1) Taxes pertaining to the leasehold interest of the Lessee; (2) Sales tax now enforced or levied in the furore computed upon rent payable in monthly installments whether rent is paid on a monthly or yearly basis; (3) Ail taxes and assessments levied in the furore by the City of Kenai, as if lessee was considered the legal owner of record of the leased property; (4) Interest at the rate of eight percent (8%) per annum and ten percent (10%) penal- ties of any amount of money owed under this lease which is not paid on or before the date it becomes due; (5) All sales taxes due on payments under this lease and to all sales taxes applicable to its operations; (6) All special assessments for public im- provements levied by the City of Kenai, as if lessee were considered legal owner of leasexl property. (b) Upon execution of the lease, the lands demised become taxable to the extent of its leasehold interest and lessee shall pay all real property taxes levied upon such leasehold interest in these lands, and shall pay any special assess- menus and taxes as if he were the owner of said demised land. (c) Rent shall be paid annually in advance. Said payments shall be prorated to conform with the City of Kenai's fiscal year beginning July 1 and ending June 30. If the equivalent monthly payment exceeds two hundred dollars ($200.00),' then the lessee shall have the option of making payments on a monthly or quarterly basis. (Ords. 258, 531) 21.10.110 Service by realty firms and brokers. (Ords. 400, 531, Repealed 856) 21.10.120 Bidding procedure. As an exception to general policy listed above, the City Council may designate a specific lot or lots to be made available only for bid. This provision shall apply only when there is no outstanding appli- cation pending on the lot or lots. As designated, sealed bids shall be received offering a one-time premium in addition to the established lease ram. Highest bid, however, shall be subject to all provi- sions of review and approval established for all other lease applications. (Ords. 400, 531) 367 21.10.130 21.10.130 Principles and policy of lease. rates. (a) A fair return to the Airport System is mandated by the terms and conditions of the quitclaim deexl and appropriate deeds of release, granting these lands to the Airport System by the Feder- al Government. To insure a fair return, all leases for a period in excess of five (5) years shall include a redetermination clause as of the fifth anniversary, and all lands for lease shall be appraised prior to lease and again prior to redetermination. Lease rates: (1) Shall be based on fair market value of the land, including an appropriate consider- ation of facilities and services available (public water, public sewer, storm sewers, and other public utilities) as determined by a qualified independent appraiser, considering the best use of the specified land; and, . (2) Shall be six percent (6%) of fair market value. (Ord. 1618-94) (b) Realizing that investors, developers, and other potenfia/lessees need a reasonable assurance of stability in future lease rates, the redetermina- tion clause of all future leases of lands on the airport and restricted to aeronautical related uses shall include the following language: At each five-year interval, the fair market value shall be determined by qualified, independent appraisers, and the percentage set originally and containe~ in the lease shall be applied thereto to obtain the new annual rental. The redetermined lease rate, (annual rent under this provi- sion shall be limited to a fifty percent (50%) increase in the prior lease rote until the 30th year anniversary of the lease after the fifty percent (50%) cap provision shall no longer apply and the lease rate shall be redetermined every five years on the basis of fair market evaluation as determined every five (5) years on the basis of fair market evaluation as deter- mined in KMC 21.10.1300). Subject to subsection (d) below, City leases of lands on the airport and restricted to aeronauti- cal related uses existing at the time of the enactment of this chapter shall have the fifty percent (50%) cap applied to redeterm/nation of lease rates for a thirty (30) year period de- termined from the date from which the lease was originally entered into. (c) Recognizing that the redetermination procedure provided for above may be in conflict with the mandate of the quitclaim deed and the several deeds of release, the City Council herein ac- knowledges its obligation to provide the Air- port Fund with those sums which the above redetermination policy may cause the Airport Fund to lose. It is the intent of the Council to provide for such a possible shortfall by appro- priating revenues relative to the assessed valua- tion of Airport properties. (d) Those leases of lands on the airport and re- stricted to aeronautical related uses existing at the time of the effective date of this chapter in which the lease rate has not been redetermined at its previous five (5) year interval, shall be redetermined as set forth in subsection (a) above, but shall not exceed one hundred fifty percent (150%) of the appraised 1977 fair mar- ket value times the percentage set in accor- dance with subsection (a)(2). Thereafter, such leases shall be subject to the provisions of subsection Co) above limiting rental increases on redetermination to fifty percent (50%) on each five-year anniversary of the date of the lease until the thirtieth anniversary thereof. (Ords. 400, 434, 435, 531,684) 21.10.140 Lease execution. The lease applicant shall execute and remm the appropriate lease agreement with the City of Kenai within thirty (30) days of ma'fling the agreement to said applicant. The lease agreement shall be pre- pared in accordance with the requirements of this 368 21.10.140 title. Failure to execute and return the lease .agree.- ment within the specified period shall result in the forfeiture of all leasing fights. (Ord. 932, 1878- 2000) 369 Suggested by: Administration CITY OF KENA! RESOLUTION NO. 86-39 A RESOLUTION OF THE COUNCIL OF THE CTTY OF K£NAI~, ALASKA, ESTABLISHING TERMINAL LEASE RATES AND A FEE SCHEDULE FOR F~SCAL YEAR 1986-87. KENA[, ALASKA, that ~he Following minimum lee;e ~ates/fae sehedule beginning Ouly 1, 1986 is adopted; . NHEEEA5, annually these is a ~eview o? the Lease and fee =ares ?o= the Kena£ Hunic~pa] A~-~por[ T e~m£nal~ and NHEEEAS, ~he Following rates and Fees have been reviewed and Found ~o be eeonom£cally sound. NO~, THEREFORE, BE ~T'RESOLVED BY THE EOUNgIL OF THE CITY' OF Lanes space- includes al! eoun[et- publ. i.q se~vi~e areas, o??ice space ~ith custodial service, and work Airline baggage a~es uae fee (Baggage build-up, .elaim~ conveyo= belt a~e.as) $1 Commission-vehicles fat hi=e and ~elated ope~ al ion.'s 1~ o?. spaoe =entel 10'~ o? g.~oss Posto~ space . $20O/yeet . Telephone with poste~ $2.50/yea~, O[he~ ?ess as negotiated and approved by Council. Spaces ~hat are leased on a bid basis eh'all be ~ha=ged based upon suc~easfu! bid and the above ~a[es ~ill not be applicable. ATTACHMENT !1 HO, 531 P, ;~,,'B CITY OF KENAI 210FIDALGO KENAI, AI.A~KA 99~11 TELEPHONE 2B:~- 7'5:,9S . MEmOrANDUM TO: FROM: AE: Kenai Cit~ Council Randy Ernst, Airport Manager Airport Terminal Leases The three-~ear leases currently in effect for the airlines and rental car agencies expire June 30, 1988. With the Council's concurrence, I woul~ sug=est that the leases be extended for an additional three-year period at t~e current lease rat~ of $1.65 Der square foot. would be a~ additional cost. Mr. Brighton replied, manpower and ~tme. Ma~or Williams s~d ~e ~ono~c ~loDmen~ ~. may h~ve ex~nsos, from ~hei~ budg~. ~ nord ~ere ~s ~y one o~or i~ Wildwo~. ~~cilwoman swarmer as~, if ~ do~,~ ~eed a why do it~ ~~r Willies explained, a11 ~ides muse be lo~~ councilman McComseF moved, seconded by Councilman Measles, co pass on the item to Economic Development · Rotten Passed by unanimous consent. H-6 ~pproval of Extension of AiCport Terminal Leases councilwoman swarner axked if any of ~hasa concessions are asking fo= a decrease. Answer ~ no. NOTION: counctlw°man Mun£or moved, seconded by Cou~cilwoman O'Ret11¥o co extend for a~ additional three yeas period, lease ra~es of sl.65 per sq. ~. ~otiun passed by u~anfmous consent, Councilman Measles noted we ara do~ng some=hin~ d/fferen.~ r.his y~, ~ ~ parc w~ ~=~lis~d ~ ... lease rates afar ~udgot approval. CltY ~anager Brighton replied, in =he budget we us=~ltshed lease rate as a ~rcent and sq. ft. cos=s, co~ci~an ~asles ~aid ~less there is a reason ~o do i~ n~, he woul~ l~e =o ~ae the budgen first. A~n. ~r$tlaue= said ~ast ~ar we dLd no= es=~l[sh ra~es, there was a resolution =o keep Mr. Brighton add~d, it was done with =he bud~e~. ~[n. Asst. 6urstlauer said we did no~ have a resolution regardin~ the rates, wa Just u~ed ~e 1986 races. Co~cilman ~easles added, ~he resolution adopted the budget. Airp~r~ Manage= Ernst explained, Ne had no objection co wa~:ing. ~r. Brighton no,ed Ccuncil can change it at budge= .t~e. Hr. Erst said he would not not~fg :ho lease holders. H-8 D~-sc. - Task Force - KPC, 0il Companies, City -Flre Training School Mayor williams said we are still pursuing the legislature ffbr $500,000 for a training ground. Is council Willin~ to form a :ask force or da ~bts in-house? NO aci£on taken by Council. H-9 DISC. - Railbelt Coalition Parkicipa~ion Mayor Williams ask;ed Council to review ~he ma%ertal in ~he packe~, H-10 Disc. - AL=port Co~. Re¢~muenda~ions a, Plo&t Plane Bas£~ H-Z0-a ~ ~ ~ 0 0 0 00~ ~ 00 Ii~ 0 0 lo 0 0 0 0 0 o ~ co o 0 o q~ o o 0 0 0 o ~. co (o o ~0 0 0 0 0 0~ c~ O~ ~0 0 0 0 0 0 0 0 0 0 ~ · -- O~ 0 0 0 0 0 0 0 0 0 ~o 0 o o q~ o o o 0 0 o c~ C 0 0 0 ~0 0 0 0 O0 0 (~ lO CO 0 -- 0 0 0 0 0 w~' C~ O0 0 0 0 0 0 0 0 0 0 0 ~ o.O. oOOOoOOOOO ~0 ~0 o o o o o o o o 0 ~ co q3 o o o o o o o o o ~0 ~0 0 0 0 0 o 0 o 0 0 ~ ~-. ,-- 0 0 lo ~0 0 o o 0 0 0 cO ~0 ~. 0 ,~- A TTA CHMI=NT !11 .qqq,.qqqqqqh:q ~g~o~oooo~o~= . ~ q ~. h:.qqqqqq ~go~o~ ooo~o~ ~-' 0 0 0 0 0 0 0 ~- 0 0 ~ . ~ q q q,.q qq q h.:Lq.q ~0 ~ ~0 0 0 0 0 0 0 ~0 O0 0 ~g~oo~ooo~o~ ~ d ~'d d of dd ~d,f d · .. , , .... E w w w ~. u. u. 0 _~ ~'z ni-. ~- ,~K ~K j d d,-d d d g d o,i d ~gggo~ooooo=o~ 0 :1~ 0~0 ~0 ,~ 0 ~ ~0 ~ 0 0 0 ~0 ~- c~ 0 goooooohoooo~ ~oo~mooooo ~ o . nal Municipal Airport 305 N. WILLOW ST. SUITE 200 ~, ALASKA. 99611 TELEPH~E 907-283-7951 FAX 907-283~737 TRANSIENT AIRCRAFT PARKING & LANDING SHEET Company Name , , , ...... Address Contact Name Tel' _ , Arrival Date & Time Departure Date & Time AIRCRAFT MODEL & TAIL NUMBER CERTIFIED GROSS TAKE- OFF WEIGHT //OF LANDINGS TOTAL WEIGHT Total LANDING FEE(CGTOW to nearest 1,000 lbs. X .50) Example' (27,400 lbs.)27x.50=$13.50 DALLY PARKING FEE ($2 per day) Subtotal $ SALES TAX (5%) (Maximum sales tax is $25.00 per month, which is 5% of $500) TOTAL FEES AND TAX (Include payment with report) ! certify to the best of my knowledge that this report is true and correct and that the required fees are included herewith. Signed . Title *Report & payment may be mailed to the above address. August 21,2001 ATTACHMENT lYf www.ci.kenai.ak.us Vehicle Parking Fees- 4.30.02 Kenai Juneau Anchorage Short Term 0-30m Free Free 31-60m Free $1.50 Ea. Addional Hr. Free $1.00 Daily Max. $10.00 0-22.5 hr. Free 0-24 hr. Daily Fee n/a $10.00 Max. Week Homer Free Free $2.00 Free $2.00 Free $11.00 Free *Vehicle Search Fee $1.00 Fairbanks Sea-Tac Tulsa Free $2.00 Free $1,00 $4.00 $2.00 $1.00 $3.00 $2.00 $8.00 2 hr. max. 3 hr. max Free $11.00 n/a $8.00 n/a n/a $70.00 $48.00 Phoenix $1.00 $2.00 $16.00 $16.00 Long Term 0-30m Free $2.00 31-60m $2.50 $1.50 $4.00 Ea. Add. Hr. $1.00 $1.50 $2.00 Daily Max. $2.00 $7.00 $9.00 $2.00 $20.00 Weekly $42.00 $60.00 n/a $2.00 $2.00 $5.00 $1.00 $ :oo $16.00 Vehicles ticketed (at least I time) in Short Term Parking These are informational tickets; no fines were accessed. -During this time 11 vehicles were towed after efforts to contact owners were unsuccessful. A parking fine of $25 per night would have resulted in a possible collection of $21,175. Jun-01 53 Jul-01 66 Aug-01 79 Sep-01 161 Oct-01 122 Nov-01 129 Dec-01 67 Jan-02 80 Feb-02 47 Mar-02 50 Total 854 ATTACHMENT V 1969 AAA E LIBEA~Y · Flsl)ort to the Senate Committee on AI)proDrlattons: the Senate Comm!tt~e on Comtrex:e, Sctence, ancl transl~ortatton: the House ¢ommitl~e on ~~m~tattons; an~ the House Committse on Put)lie Works ancl transl)ortatton A Review Of The Imposition Of Gross Receipts Fees On Off-Airport Car Rental Coml:mnies i iiii __ ~ .... I I I II · i i i ii . 11 ATTACHMFNT VI Foz'ewoz~ Thio a~:ucly has boon propered Conference Ro~~ for ~e language tn ~he Conference R®poL-c d~=oc~s ~h® ~~~= ~o, "...~de~ake a revl~ o~ [gross receLp~s f~s on o~-eA~~ ' car_renal] c~~n~es, s~c~fAca~ly ~e~e~ such fees ~e and ~,o ~evlewz ". ·. r. he rel&~ive ~-,~c~ ..... - - der~v~ fr~ on and of~-a~~~ caz :~~al c~n~es.. .conoul~ wL~ ~o ~L~ o~ In conducting ~o s~ud~, w consu~~ wL~ ~ a~af~ as wll es AND COHCLOS~OIIS AL_~~cs f~nanco themmo_~veo by 'cha~ging Choir users vho include a~r~nos, genera~ avia~lon~ passenger parking and co%~L~~ concessionaires, ~nclud~ng cac ~enca! coupanLoo. a~! a~rporc ea~ fence! _c~-~ -*es opera~~ ~ ~e _-~~ _ ~ a~d~c~on. ~e car ~Ul c~ny ~o ~~~.~~orx~os a ~rc~~ge o~ X~8 g~ss 'foe. ~u~ nav~ng icceo8 Co ~O'i~c~Lno ~ssonge~e ~hac generates. ~nertll~ ca~ ron~~ ~n~eo wee ~lng and n~ offer on-a~~~ cm~~oe elefunt c~t~c~on ~~ ~~ de.nd for I *-.--- &~n ~ on4~~ C~~ll on _ o · cien~$f£c, &nd ~o dLd not --b '~~-n- =_~~~_s_e?._ (.(~_. I~~ ~1. nec C~n~8 Mdg h .... ~-__.~ ~ ....... , ~ ~fo~~t~ ~clud~ mv2.amncm ,tm mr. l::)mmt wm&k end ,unmcdo . t. aX. liozoovez ~he fee ha_. been in effect for only and A~. uAtJ~a~. ~upac~ is ~e~ ~o be seen. ~~_~~~es., ~c~.~g o~ · _ r~n~ azz~ ~ ~o m~xec IAGO. FOE ~l Oa-lL~~ ~.s~. --~-~-- - BO o .Concession ~oos end o~hez ~nc~o d~t~d ~m car nnuX fins a~ )tany of£-~rpor~ car zenr~a .... ?hu~lo _bum access fees; ol,~c -°~--,~°m_.pay roll~lvely mode.~' survey o£ 30 m~or a~rpoz~.~~~~u az~n cha~oa end,roi . eo~e ~o collect i Cu ~zcen~ ~--, ~e ~ve had an addA~lo~A $67 ~lAIon 1~ car could, ~~en~ially, ill~ ~m ~ ~~_~~~._ [~~ndi= C P~ldes s~ ~~~}~-o~her users of ~gn~e!oMn WiAIA~, ~~n on acceo-~-~'F~~°n conceasxon ~ae, ei~e~ ~ Preson~ on~ ~hel~ businesses off-al~~ o~ ~*--- ~~~ o~ra~o~ ~ving ' of · ~o~il loss of on-elan ~~--_~ld no~ ~~~~ co lad disc=ecio~~ ,,.__;._li~ i~~ c , ~lo ~~ee ~ve a io~ll (f:~ a~uc I g in~ ~=kec a~e S ~rcenc co 30 = ~=adAcio~lly on-aX~~ ----~. ~U~}, ~ ~~ue. of cae ,,.- -..lion, ai~~ =~~ue =de~ ~o Ic~~io- ~- re~l fl~ a~ p~~ic face a a~~eeLz~ ~ ~e In ~his.conn_oction, At should bo noted tJmc the possesszag tae I aX & number of aA k.. ,...__ .__ _e~ u~a~rX ~o is,,,,.....,4__.__. _._ coils Lug the number of _ c~ug_ ~4 foe has el _Ltrp?~ eccuaAlF os been a=e extended gz~ovXng. X£ ~o . gte =scoa cs ?o g&.tn ten. of nillio ifps _car =enul,, ~he aArpor~.. ~A ne of dollaL-u t&nd _ ey couXd, Po~~c:LaX,- in &ddi~Xonal z!venue wA alrpo~, hazgoo ~o other uoe=. of mo 17 AAC 42.100- VEHICLE RENTAL BUSINESS PERMIT ! a. To operate a vehicle rental business on an ai¢ort,,.,a person who does not have a concession to operate a vehicle rental business in a department-operated temfinal building must hold a current vehicle rental business permit issued under this section. b. A person must submit an application for a ~vehicle rental business permit in writing to the airport manager and include 1. a list of vehicles that the applicant proposes to operate on the airport under the vehicle rental business; the list must include the year, make, model, license plate number and issuing state, and serial number for each vehicle; 2. a description of the services that the applicant proposes to offer under the permit; and 3. any application fee established under 17 AAC 42.125. c. The airport manager shall approve an application for a vehicle rental business permit unless the manager determines that 1. approval must be denied under 17 AAC 42.010(g); 2. the proposed use would interfere with or is otherwise incompatible with the security, safety,, maintenance, or operation of the airport; 3. the proposed use would violate applicable law, the state's obligations under revenue bonds issued under AS 3 7.15.410 - 37.15.550, an exclusive fight the department has granted to another person, a covenant running with the airport land, oran applicable FAA grant assurance adopted by reference under 17 AAC 42.010(d); 4. the proposed use would result in a violation of applicable law; or 5. the proposed use is incOnsistent with sound airport planning. d. A decision, by the airport manager to.denY'an application for a vehicle rental business permit must be in writing. e. A vehicle rental business permit is not transferable and may not exceed a term of five years. f. A vehicle rental business permittee shall pay the applicable fee established under 17 AAC 42.125. g. A vehicle rental business permittee shall provide such evidence of insurance coverage for the permittee's operations on the airport as the airport manager determines appropriate under 17 AAC 42.410(b)(15), considering the number and type of vehicles covered by the permit and the services the permittee proposes to provide. h. A vehicle rental business permittee may not use or operate a vehicle on the airport in conjunction with a vehicle rental business unless the vehicle is listed on the permit and displays the identification described in this subsection. For each calendar year and each vehicle listed on the permit, a permittee shall, upon payment of any applicable fee established under 1.7 AAC 42.125, Obtain from the airport manager a sticker or other form of identification designated by the manager. The manager shall mail or deliver identification for a vehicle only to a person who has a permit at the airport, has paid any applicable fee, and has submitted the vehicle information required under b. 1. of this section for that calendar year. A permittee shall maintain conspicuously affixed to each vehicle the current year's identification that the manager has issued for that vehicle. i. A vehicle rental business permittee operating a vehicle on airport property shall keep the vehicle in safe operating condition. The airport manager shall order a permittee to remove from service any permittee vehicle the manager determines to be unsafe or otherwise in violation of this section. j. A vehicle rental business permittee may park, wait, and drop off or pick up a passenger only at a premises or in an area the airport manager has designated for that purpose. k. A vehicle rental business permittee may cancel a permit and cease operations at the airport at any time on written notice to the airport manager. 1. The airport manager shall, after written notice to the permittee, cancel a vehicle rental business permit and invalidate all vehicle identification issued to the permittee if the manager determines that the permittee 1. is not in compliance with the vehicle rental business permit and has not corrected the noncompliance within 10 days after receipt of the notice; or 2. has ceased vehicle rental operations on the airport. Cancellation of a vehicle rental business permit by the airport manager must be in writing and state the reasons for the cancellation. n. An applicant or permittee may protest the airport manager's decision to deny an application or cancel a vehicle rental business permit in accordance with 17 AAC 42.910. f:\forms\applicatXapp-vrb.doc ATTACHMENT VII Rev. 4/17/02