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HomeMy WebLinkAboutRESOLUTION 2001-01Suggested by: Administration City of Kenai RE~OLUTION NO. 2001-1 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, TRANSFERRING $7,000 IN THE AIRPORT LAND SYSTEM SPECIAL REVENUE FUND FOR A WILDLIFE HAZARD ASSESSMENT. WHEREAS, FAA regulations require that a wildlife hazard assessment be conducted at the airport; and WHEREAS, the FAA and the State of Alaska are conducting a wildlife hazard assessment at the Homer Airport at a cost of over $50,000; and WHEREAS, these agencies have offered to provide the City of Kenai with a full assessment for $6,951 which is the amount needed to cover the travel cost of a biologist from Homer to Kenai during the 12 month study period; and WHEREAS, funds are available in the contingency account of the M & O division of the Airport Fund. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following budget transfers be made: Airport Land System Fund From' Airport M & O - Contingency $7,000 To: Airport M & O- Professional Services $7,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rd day of January, 2001. ATTEST: Carol L. Freas, City Clerk Approved by Finance: (12/20/2000) jl KENAI MUNICIPAL AIRPORT W ST. SUITE 200 KENAI, ALASKA 99611 TELEPHONE 907-283-7951 FAX 907-283-3737 Memo To: Date: Re' Richard A. Ross- City Manager Rebecca Cronkhite - Airport Manager December 14, 2000 FAA Wildlife Assessment Attached is a copy of 14 CFR 139.339, which requires a certificated airport to conduct a wildlife hazard assessment when conditions warrant. The conditions described in paragraph (a) (1), (2) and (3) of this regulation exist at the Kenai Airport. Last summer, the governing body for wildlife hazards, the United States Department of Agriculture (USDA), recommended that depredation permits be issued to the Kenai Airport based on my assessment of the wildlife hazards. Retaining those permits from the issuing state and federal agencies requires an approved wildlife assessment. Working with the Federal Aviation'Administration (FAA) and USDA, I have negotiated the attached agreement for your review. This agreement allows the Kenai Airport to "tag" on to a project at the Homer Airport. The State of Alaska is paying over $50,000 for a wildlife assessment at the Homer Airport utilizing an FAA grant. We are being offered the opportunity to obtain a similar service for $6,951. This dollar amount represents the travel costs for a biologist stationed in Homer to travel to Kenai during the 12-month study period. For this cost, the Kenai Airport will receive a full Wildlife Hazard Assessment complying with 14 CFR 139.339. This assessment will also meet the requirements of the FAA's Proposed Rule on Certification of Airports (NPRM Docket No. FAA-2000-7479). The cost quoted in the attached documents is subject to revision should the number of required visits exceed the contracted number or unknown conditions arise that require the biologist's work. At this time I have no reason to suspect any such conditions exist, however, you should be aware of the possibility. In summary, this is an exceptional cost saving opportunity afforded to us from the FAA Airports Division and the USDA. I strongly recommend we accept this agreement utilizing monies available in Airport M & O Contingency. Attachments WS Agrees: previously reimbursed. ARTICLE 5 a. That the State Director or authorized representative will supervise all control activities pursuant to this Agreement. b. To provide personnel to perform the assessment activities in the areas designated by the Work Plan. Field personnel employed under this Agreement shall be Federal employees or cooperator employees under direct supervision of WS. c. To submit to Kenai Municipal Airport an Accomplishment Report upon request. d. To supervise the program, as set forth in the Annual Work and Financial Plans. ARTICLE 6 This Agreement is contingent upon the passage of Congress of an appropriation from which expenditures may be legally met and shall not obligate the requisitioning agency upon failure of Congress to so appropriate. This Agreement also may be reduced or terminated if Congress only provides the Agency funds for a finite period under a Continuing Resolution. ARTICLE 7 Nothing in this Agreement shall prevent any other State, organization, or individual from entering into separate Agreements with WS for the purpose of controlling damaging animals. ARTICLE 8 Pursuant to Section 22, Title 41, United States Code, no member of or delegate to Congress shall be admitted to any share or part of this Agreement or to any benefit to arise therefrom. ARTICLE 9 WS will hold Kenai Municipal Airport harmless from any liability arising from the negligent act or omission of a Government officer or employee acting within the scope of his or her employment to the extent compensation is available pursuant to the Federal Tort Claims Act (FTCA), 28 USC 2671 et. seq., except to the extent that aforesaid liability arises from the negligent acts or omissions of Kenai Municipal Airport, their employees, agents, or subcontractor(s). Such relief shall be provided pursuant to the procedures set forth in the FI'CA and applicable regulations. ARTICLE 10 All animal damage control activities will be conducted in accordance with the applicable Federal, State, and local laws and regulations ARTICLE 11 · This Agreement shall become effective upon date of final signature and shall continue indefinitely. This Agreement may be amended at any time by mutual agreement of the parties in writing. It .may be