HomeMy WebLinkAbout2021-02-11 Airport Commission PacketKENAI AIRPORT COMMISSION
REGULAR MEETING
FEBRUARY 11, 2021 – 6:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
*Telephonic/Virtual Information Page 2*
http://www.kenai.city
1. CALL TO ORDER
a. Pledge of Allegiance
b. Roll Call
c. Agenda Approval
2. SCHEDULED PUBLIC COMMENT (Public comment limited to ten (10) minutes per
speaker)
3. UNSCHEDULED PUBLIC COMMENT (Public comment limited to three (3) minutes per
speaker; thirty (30) minutes aggregated)
4. APPROVAL OF MEETING SUMMARY
a. January 14, 2021 ................................................................................................ Pg. 3
5. UNFINISHED BUSINESS
a. Discussion – Airport FY2020-FY2025 Capital Improvement Program………Pg. 7
b. Discussion – Update Terminal Landscaping Design………………………...Pg. 10
c. Discussion – Update on Float Plane Basin Upgrades……………………….Pg. 15
d. Discussion/Recommendation – Airport Conference Room
Use/Agreement……………………………………………………………………Pg. 16
6. NEW BUSINESS
a. Discussion/Recommendation – To Award Airport Security Guard Services….Pg. 22
b. Discussion/Recommendation – Special Use Permit to DNR/Forestry for Aircraft
Loading and Parking ………………………………………………………………..…Pg. 40
7. REPORTS
a. Airport Manager
b. City Council Liaison………………………………………………………………..…..Pg. 51
8. NEXT MEETING ATTENDANCE NOTIFICATION – March 11, 2021
9. COMMISSIONER COMMENTS AND QUESTIONS
10. ADDITIONAL PUBLIC COMMENT
11. INFORMATION ITEMS
11
a. January 2021 Mid-month Report………………………………………………..Pg. 59
b. December 2020 Enplanements…………………………………………………Pg. 60
c. January 25, 2021 Fact Sheet Alaska Aviation Plan…………………………..Pg. 61
d. Security Directive 1542-21-01 Face mask Requirements……………………Pg. 63
e. FAQs for Post Security Directive (SD)/Emergency Amendment (EA) Mask
Implementation……………………………………………………………………Pg. 68
f. Ordinance No. 3181-2021 Lease Extension to Kenai Aviation Operations,
LLC…………………………………………………………………………………Pg. 70
12. ADJOURNMENT Join Zoom Meeting
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MEGHAN -- 283-8231 OR, MARY -- 283-8281
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KENAI AIRPORT COMMISSION
REGULAR MEETING
JANUARY 14, 2021 – 6:00 P.M.
KENAI CITY COUNCIL CHAMBERS
CHAIR GLENDA FEEKEN, PRESIDING
MEETING SUMMARY
1. CALL TO ORDER
Chair Feeken called the meeting to order at 6:00 p.m.
a. Pledge of Allegiance
Chair Feeken led those assembled in the Pledge of Allegiance.
b. Roll was confirmed as follows:
Commissioners Present:
Commissioners Absent:
G. Feeken, K. Dodge, D. Leichliter, J. Bielefeld, P. Minelga,
D. Pitts, J. Zirul,
Staff/Council Liaison Present: Airport Manager M. Bondurant, Council Liaison H.
Knackstedt, Deputy City Clerk M. Thibodeau
A quorum was present.
c. Elections of Chair and Vice-Chair
Commissioner Bielefeld MOVED to maintain the Chair and Vice Chair status quo; Commissioner
Pitts SECONDED the motion. UNANIMOUS CONSENT was requested.
VOTE: There being no objections, SO ORDERED.
d. Agenda Approval
MOTION:
Vice Chair Dodge MOVED to approve the agenda and Commissioner Pitts SECONDED the
motion. There were no objections; SO ORDERED.
2. SCHEDULED PUBLIC COMMENT
a. Ron Lapp – Tower Manager: Proposed Changes to Tower Staffing
Kenai Tower manager Ron Lapp discussed standardized operating hours for the tower. He feels
it would be a positive change, and they have full support from their company. Mr. Lapp reported
having a difficult time keeping controllers, and they are currently operating at 60% staff.
3. UNSCHEDULED PUBLIC COMMENT – None.
33
4. APPROVAL OF MEETING SUMMARY
a. September 10, 2020
MOTION:
Commissioner Minelga MOVED to approve the meeting summary of September 10, 2020 and
Commissioner Dodge SECONDED the motion. There were no objections; SO ORDERED.
b. December 10, 2020
MOTION:
Commissioner Bielefeld MOVED to approve the meeting summary of December 10, 2020 and
Commissioner Pitts SECONDED the motion. There were no objections; SO ORDERED.
5. UNFINISHED BUSINESS
a. Discussion/Recommendation – Updated Airport Goals & Objectives FY21-22
Airport Manager Bondurant provided an overview of FY22 goals and objectives, asking
Commissioners if they have any further recommendations to be included.
Airport Manager Bondurant was thanked for including the practice runway at the gravel strip for
consideration.
MOTION:
Commissioner Minelga MOVED to recommend the goals and objectives as presented for July 1,
2021 through June 30, 2022, and Commissioner Leichliter SECONDED the motion.
UNANIMOUS CONSENT was requested.
VOTE: There being no objections, SO ORDERED.
MOTION:
Commissioner Minelga MOVED to accept the goals and objectives as presented for July 1, 2020
through June 30, 2021, and Commissioner Leichliter SECONDED the motion. UNANIMOUS
CONSENT was requested.
VOTE: There being no objections, SO ORDERED.
b. Discussion/Recommendation – Conference Room Use/Request/Agreement
Information was provided on charges for conference/meeting space from local businesses.
Airport Manager Bondurant confirmed we have not found costs for weekly rates. A conference
room agreement will be included in the February commission packet.
It was noted that more establishments had been contacted, but information on weekly rates has
not yet been gathered. Discussion also included the frosting on the conference room windows,
44
and it was confirmed that work is being done to finalize design on doors & windows.
[Clerk’s Note: Commissioner Zirul joined the meeting at 6:24 p.m.]
6. NEW BUSINESS
a. Discussion – Changes to Kenai’s ATCT Hours
It was clarified that this topic had been discussed earlier in the meeting, during Scheduled Public
Comment.
MOTION:
Commissioner Bielefeld MOVED to accept changes to stabilize ATC operating hours, and
Commissioner Pitts SECONDED the motion. UNANIMOUS CONSENT was requested.
VOTE: There being no objections, SO ORDERED.
b. Discussion – Terminal Landscaping Options
Parks and Recreation Director Bob Frates presented different designs for terminal landscape,
and noted that he would like to see the mural back at the airport, not attached to siding.
Landscape design #3 received the most support from the commission, and discussion of this
option included how having birch trees might result in leaves being blown into the terminal during
autumn. It was also noted that landscaping improvement should be added to Airport triangle in
FY22 goals and objectives.
c. Discussion/Recommendation – Kenai La Belle Mural
Airport Manager Bondurant looked to commissioners for recommendations on a location of the
mural, and whether it should go back to the airport or find another location.
MOTION:
Commissioner Bielefeld MOVED to keep mural and Airport and work to incorporate it with the
landscaping, and Commissioner Minelga SECONDED the motion. There were no objections; SO
ORDERED.
d. Discussion/Recommendation – Airport FY21/FY22 Capital Improvement
Program
Airport Manager Bondurant discussed and provided updates on FY2022 Capital Improvement
Program.
e. Discussion – Information/Directional Signs at Float Plane Basin
Discussion was a follow-up from previous meeting on December 10th, 2020. Parks and
Recreation Director Frates provided trail/park maps. The commission was asked about what
direction to take with the map, and suggestions included focusing on services/facilities available;
highlighting airport restaurant; using a QR code that can be scanned to download map to mobile
devices; and a bike rental station.
55
7. REPORTS
a. Airport Manager – Bondurant reported on the following:
• FY22 Budget due to Administration by February 5, 2021;
• Possible CRSSA funds for COVID-19 relief. Manager contacted FAA, and
found there was not a lot of information available yet and the FAA will keep
Kenai informed. Looks like funds have been allocated for Airports, but nothing
official has been reported.
b. City Council Liaison – Council Member Knackstedt reported on the actions of the
December 16, 2020 and January 6, 2021 City Council meetings.
8. NEXT MEETING ATTENDANCE NOTIFICATION – February 11, 2021
9. COMMISSIONER COMMENTS AND QUESTIONS
Commissioner Leichliter reported selling a couple hangars, and commented that more people
are moving to the area.
Commissioner Bielefeld noted he was glad to be back meeting with the Commission in person.
10. ADDITIONAL PUBLIC COMMENT – None.
11. INFORMATION ITEMS
a. December 2020 Mid-Month Report
b. November 2020 Enplanements
c. Guide to Creating a Practice Runway
d. FAA – COVID-19 Vaccine Transport Considerations for Airport Operators
12. ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned at 7:35 p.m.
Meeting summary prepared and submitted by:
________________________
Meghan Thibodeau
Deputy City Clerk
66
Municipal Airport
MEMO
305 N. WIU.OW ST. SUITE 200 KENAI, ALASKA 99611
TEU:PHONE 907-283-7951
FAX907~7
To: Airport Commission
From: Mary Bondurant -Airport Manager
Date: February 4, 2021
Subject: Airport FY2020-2025 Capital Improvement Program
On December 2 , 2020, the FAA requested our Fiscal Year 2022 through FY 2024
Airports Capital Improvement Plan (ACIP) by February 1, 2021 . The ACIP is _/
their needs-based and financially constrained plan for funding development ovey
a rolling 3-year period. ·
The FAA then reviews the airport sponsors' CIP annually to assess whether the
projects meet the criteria for inclusion in the ACIP. All projects proposed for AIP
funding are required to be included in the ACIP to be considered for funding . A
project in the ACIP must meet the same 3-part criteria for inclusion in the
National Plan of Integrated Airports System (NPIAS) and described in the AIP
handbook :
1. Eligible
2. Justified
3. Reasonable
City Administration met on January 27, 2021 to discuss and prioritize the airport
projects . Attached is the Airport 's FY2020 -2025 plan that was submitted to the
FAA .
The City will meet with FAA officials to discuss the program and the final program
will be in the FY22 annual budget documents.
Please contact me if you have any questions.
77
Mary Bondurant
From : Mary Bondurant
Sent: Thursday, January 28 , 2021 12 :12 PM
To:
Subject:
Linquist, Jonathan (FAA) Oonathan.linquist@faa.gov); krisjon.ta bi sola@faa.gov
Kenai ACIP -FY21-FY25
Attachments: Copy of 9.2020 CIP 2020 -2025 .xlsx
Jonathan/KJ -Attached is Kena i's proposed ACIP as requested for the next five years for review and comment.
Paul Ostrander, Terry Eubank, Scott Curtin and myself met yesterday and updated the program based on priorities and
some special grant conditions related to airfield marking and crack sealing. We considered:
1. Rapid deterioration of asphalt on 2L-20R (decision document due Spring 2021) (scheduled for overlay in
master plan 2026)
2. Airfield marking is only AIP eligible at a 3 year period (unless related to a AIP eligible project). (Airfield
Marking Project 2019)
3. Crack sealing -not eligible within 5 years of a substantial type pavement rehabilitation (Crack sealing project
2019)
The projects at the bottom of the list are included in the master plan and we ranked on priority.
At your earliest convenience , we would like to set up a meeting, as we have in past years, to discuss the best approach
t o the program. Our annual meetings in Anchorage have proven very ben e ficial and productive and the City would like
to m eet again this year, probably via ZOOM .
The City is in our budget preparation now for FY22 and would like to include a five year program that is also supported
by th e FAA . Thank you and look forward to hearing from you . If you have any questions, please contact me.
(Pl ea se also invite Kristi, Brad , Rodney, and Jack)
1
88
I CAPITAL IMPROVEMENT PLAN
PROJECT LIST
Airport: KENAI MUNICIPAL AIRPORT
Sponsor Contact: Mary Bondurant Phone: 907 .283. 7951
Date Submit! February 1, 2021
Consultant Contact: HDL Phone : 907 .9 07 .564.2104
PROJECT DESCRIPTION & COSTS
Proposed Proje ct Description Project ESTIMATED Grant Final
I
Cost Allocation ($}
Calendar Identified in Total Cost Offer Cost of
Year to FAA CIP Program Calendar Year runs ALP/MP of Project Y/N Project
Begin October 1 to September 30 Federal Sponsor Other Non-
Project Share Share Share AIP Eliqible
FY20 Acquire SRE (Loader with attachments} y $250,000 y $270,000 $266 ,100 CARES $3,900
FY20 RPZ Land Acquisition y $50 ,000 y $26 ,299 $26,299 CARES
FY20 Design & Construct Sand/SREBuildinq -Phase 1 y $2,835 ,263 y $2,835 ,263 $1 ,954,101 CARES
FY21 Airfield Drainage Improvements (EA, Design, Construction) y $300,000
FY21 Runway 2U20R Runway Rehabilitation Project Assessment y $255,000 $255,000
FY21 Construction Sand/SRE Building -Phase 2 y $881 ,162 y $881,162
FY22 Airfield Marking (EA, Design, Construction) y $500 ,000
FY22 Acquire SRE (re place 1993 snowblower} y $800,00 0
FY23 Runway 2U20R & Tawiway A, C , K, L (EA & Design) y $1,500 ,000
FY24 Runway 2U20R (Rehabilitation/Reconstruction) y $17 ,000,000
FY25 Taxiwavs A, C, K, L (Rehabilitation/Reconstruction) y $3 ,500,000
FY25 Aircraft Rescue & Firefighting Vehicle (15 year MUL) y $1,000 ,000
Priority
1 Apron & Willow Street Extensions (EA & Design) y $100,000
1 Apron & Willow Street Extensions (Construction} y $2 .243 ,000
2 Terminal Road & Parking Lot Improvements (EA & Design) y $50,000
2 Terminal Road & Parking Lot Improvements (Construction) y $1 ,700,000
3 Float Plane Basin Phase 1-includes Access Control & Fencing y $3 ,100,000
99
IVlunicipal Airport
305 N. Will.OW ST. SUITE 200 KENAI, ALASKA 99611
TELEPHONE 907.,283.7951
FAX 907-2833737
MEMO
To: Airport Commission
From: Mary Bondurant -Airport Mana
Date: February 4, 2021
Subject: Update: Terminal Landscaping Options
To assist with the design options for the terminal landscaping, attached is a
picture showing the mural mounted off the outside wall and costs associated with
the project for review and comment.
I have also found out recently that a new sprinkler system will need to be
installed prior to the landscaping.
Please call me if you have any questions.
Attachments
1010
Cost It em Unit Qty I Unit Pri ce I Sub-Total
Swed ish Co lumner Aspen (l.25" cal.) EA 6 $ 145.00 $ 870.00
Co. Blue Spruce (Fat A lbert) EA 2 $ 250 .00 $ 500.00
Potentila -Yellow EA 15 $ 35.00 $ 525 .00
Peking Cotoneaster EA 21 $ 35.00 $ 735 .00
Dwarf Korean Lilac EA 1 $ 125.00 $ 125.00
Landscape Edging LF 120 $ 1.35 $ 162.00
Landscape Mu lch CF 55 $ 3.50 $ 192.50
8-32-16 Fertilizer EA 1 $ 40.00 $ 40.00
Topsoil YD 10 $ 35.00 $ 350.00
Total $ 3,499.50
1111
1212
1313
A-Co. Blue Spruce (Fat Alben-I S' height up to 40'; 7-10' wide)
B-Swedish Aspen (40' height, width IO'; narrow/columnar growth habit and fast growing)
C-Peking Cotoneaster (sma U white flowers in spring; red to orange fal l foliage )
D-Yellow Potentilla (2' -4' height, width 3' to S'; small yellow flowers lasting all summer)
E -Minuet Lilac (6' -8' height, width 6'-8'; purple flowers are highly fragrant)
Option C (Summer)
A-Co. Blue Spruce (fat Alben -15' height and taller in ideal environments, width 10'; silvery blue! foliage and strong pyramidal form; slow grower)
8-Dakota Pinnacle Birch (35' h~t. width U '; columnar growth habit and yellow fall foliage)
C -Peking Cotoneaster (prune for desired shape and height; insignificant white flowers in summer and yellow to red tan foliage)
D -Yellow Potentilla (2' -4 ' hei&ht, width 3' to 5'; small yellow flowers lasting a ll summer)
E -M inuet Lilac (6'-8' h eight, width 6'-8'; purple flowers are highly fragrant)
Option C (Winter)
1414
Municipal Airport
MEMO
305 N. Will.OW ST. SUITE 200 KENAI, ALASKA 99611
TB.EPHONE 907-283-7951
FAX 907-2833737
To: Airport Commission
From: Mary Bondurant -Airport Man
Date: February 4, 2021
Subject: Update: Upgrades to Float Plane Basin Camping Area
As a follow-up to Airport Commission's request to upgrade/market the basin , the
Airport has gathered the costs.
There are three camping spots available to float plane tenant/transient traffic.
The plan would be to clear and grub the areas, put down 1-2 dump truck loads of
crushed chips, add a picnic table, and a pedestal grill (barbeque) for each spot.
6-8 loads of crushed chips -$ 3,000
Picnic tables (3) -$ 4,208
Pedestal grill (3) -$ 848
With Airport Commission's recommendation , the Airport will review our FY21
fund balances and come up with a plan to start the upgrade.
The Airport will also be updating the Alaska Supplement remarks to include a
comment that camping spots are available.
Please call me if you have any questions.
Attachments
1515
Municipal Airport
MEMO
To:
From:
Date:
Subject:
305 N. WILLOW ST. SUITE 200 KENAI, AIASKA 99611
TELEPHONE 907~7951
FAX 907-28J.3737
Airport Commission \"-~ )
Mary Bondurant -Airport ManagW
February 4, 2021
Updated Conference Room Use Request! Agreement
Attached is the final draft of the Airport's new Conference Room Use
Request/Agreement updated based on comments received from City
Administration and Airport Commission.
Does Commission recommend the attached Conference Room Use
Request/Agreement be added to the City of Kenai's fee schedule for fiscal
year2022?
Please call me if you have any questions.
Attachment
1616
Munlclpal Air port
305 N. Willow St., Suite 200
Kenai, Alaska 9961 1
(907) 283 -828 1
Confere nce Ro o m Us e Re ques t /A g re e m e nt
Use r 's Contact Information
Name: _________________ ~ Primary Contact: ------
Compa n ~Orga n ~ati on: ___________________________ _
Address :
--------------------------------~
Fax: Email: Phone: _______ _ -------------------
Description of Event:
Will food and beverage be served at this event? 0Yes 0No.
Will a caterer be used at this event? 0Yes 0No Name of caterer: -----------
Note : If alcoholic beverages will be served and/or food catering or delivery service used at the event, see
Paragraph 8 of Meeting Room Use Agreement: Standard Terms and Cond itions .
Date of Event Setup Time: Take Down Time: Total Hours Anti cipated
Da.m. Da.m. Number of
OP.m. OP.m. Attendees
Event Start Time: Event End Time:
Oa.m. Da.m. (Maxi mum 26 People)
OP.m. OP.m.
Use Fee
Confer ence Room D $50 .00 -Up to 2 hours
D $100 .00 -Up to 4 hours
D $200.00 -Up to 9 hours
D $300.00 -Up to 24 hou rs
Cl eaning Fee (I f room is not c l eaned): D $100 .00
Sales Tax -6% D
TOTAL US E FEE: $
1717
Signatures I Approval
User's signature on this Use Request/Agreement constitutes an agreement to the terms and conditions
of the Kenai Municipal Airport Conference Room Use Agreement: Standard Terms and Conditions ,
incorporated into this Agreement by reference and made a part hereof. Submission of this Use Request
does not automatically grant approval for use of the meeting room . This Agreement will not be effective
until signed by the Airport and Use Fee has been paid in full . The Airport reserves the sole right to deny
use of the meeting room for any activity that violates the Standard Terms and Conditions, federal , state
or local laws or codes or ordinances or for demonstrated past failure by User to comply with the
foregoing .
By my signature below, I attest that:
• I am at least 18 years of age;
• I have read, understood, and agreed to the terms and conditions of this Conference Room Use
Request/Agreement and the Standard Terms and Conditions ;
• I am authorized to execute this Agreement on behalf of the User; and
• I am responsible for the payment, clean-up, and overall supervis ion of the Conference Room
during the use period stated in this Agreement.
Signature of User's Authorized Representative
Signature of Airport Manager or Designated
Representative
D Airport Approved
2
Date
Date
D Airport Denied
1818
CONFERENCE ROOM USE AGREEMENT: STANDARD TERMS AND CONDITIONS
1. Conference Rooms : Descriptions and Availab ility
Conference Room is available for rent on a first come first serve basis equally to airport tenants,
businesses, and the public . Kenai Municipal Airport (Airport) reserves the sole right to deny use of the
conference room by any group, company, or individual for any activity that violates the Standard Terms
and Conditions or federal, state or local laws , or for demonstrated past failure by User to comply with
the foregoing . In consideration of the Use Fee payment, the Airport grants User permission to use and
occupy the conference room (hereafter "meeting room " or "premises") located at the Airport , according
to the terms of this agreement.
Th e Conference Room encompasses approximately 400 square feet. The maximum functional
capacity of the Conference Room is 26 persons. User is responsible to ensure that the
maximum capacity is not exceeded.
At no additional charge, tables, chairs, a refrigerator and dishwasher are available in the
conference room . Users should work with the Airport Administration Office to determine
what equipment and features are available on the date(s) and time(s) of its event(s).
The non-exclusive use of the terminal's public restrooms and hallways for ingress and
egress shall be available to User; however, they are not extensions of the meeting rooms
and are not part of the rented space .
2. Reservation/Advance Payment of Use Fee
To reserve the conference room, the Airport must receive a completed and properly executed Kenai
Municipal Airport Conference Room Use Agreement and payment of the full Use Fee . The Use Fee does
not include: catering charges, clean -up fee , or damage deposit.
3. Room Setup
Room setup should be discussed with the Airport prior to submittal of the Conference Room Use
Request/Agreement form .
4 . Cleaning Fee
User is required to remove its own trash at the end of the event or a $100 cleaning fee will be charged .
5. Insurance
The Airport reserves the right to require insurance coverage depending on the proposed scope and
nature of use .
6 . Security
User is responsible for the safety and conduct of its agents, employees, guests and licensees under this
agreement. The Airport reserves the right to reject for cause any person or persons from the Airport or
any part thereof, and User waives any right and all claim for damages against either Airport or the City
for the exercise of such right.
7. Room Access
Access authorization to the premises by the User and User's agents, employees , contractors , caterers ,
licensees and guests commences at the "start" time , and ends at the "end" time , as charged for and
designated in this Use Agreement. User should therefore plan the rental period accordingly, to allow
sufficient time for pre and post event set-up and take -down , cleanup, and the removal of User-provided
3
KENAI MUNICIPAL AIRPORT
CO NFERENCE ROOM USE AGREEMENT : STA NDARD TERMS ANO CONDITIONS 1919
equipment/property. User may be charged and agrees to pay for any time the premises is used or
occupied in excess of the time provided in the Use Agreement.
8. Alcohol Beverage Service
All alcoholic beverage service must be provided by the current Bar/Loung e Concess ionai re
inside the terminal building . All alcoholic beverages will be served and consumed in the
conference room only. No alcoholic beverages wil l be allowed outside of the conference
room area.
9 . Access to Rented Space
The A irport reserves the right for its employees, and representatives to access and enter the rented
space, when reasonably necessary, but will not unreasonably disturb User's quiet enjoyment and use
of the premises.
10. Vehicle Parking
Neither vehicle parking benefits nor fees are included or part of this agreement. User and User's
agents, employees, guests and licensees are responsible for their own vehicle parking costs.
11. Cancellations
(a) Cancellation. Airport reserves the right to cancel User's reservations due to reasons
beyond its control. In such an event, the User shall be notified of a cancellation at the earliest possible
date and offered the opportunity to reschedule or receive a full refund of fees paid.
(b) User Cancellation. If User cancels, by email or in writing, more than one week
before event date, User will receive a full refund .
12. Indemnity
Throughout the period of its use and occupancy of the premises, the User is responsible for the safe
conduct of activities on the premises and shall indemnify, defend , and hold harmless the Airport against
any and all claims , demands or actions arising out of activities conducted by User, its employees, agents,
caterers, licensees and guests, saving only claims for loss or injury caused by A irports ' gross negligence.
13. Payment for Damages.
If said premises, furnishings or any portion of the building occupied during the term of this use agreement
shall be damaged by act, default, or negligence of User or by User's agents, employees, licensees or,
guests, or any persons admitted to said premises by User, excepting loss by grossly negligent acts of
the Airport, its agents or employees, User will pay to the Airport upon demand such sum as shall be
necessary to restore said premises to its previous condition. In the event of any such occurrence , User
shall be subrogated to all rights, claims, and causes of action of the Airport in such circumstances .
14. Expiration of Occupancy
At the expiration of the occupancy period contracted for herein , User shall quit the premises and return
all equipment and facilities provided in the same or better condition and repair, except for ordinary
wear. In the event User fails or refuses to surrender possession of the prem ises at the time herein
agreed , User may be regarded as a trespasser and Airport may seek appropriate legal measures,
includ in g criminal prosecution .
15. Property Brought to Premises
All personal property brought to the premises by the User shall be the sole respon sibil ity of th e User, and
the A irport shall not be liable for its damage or loss by fire , theft, or otherwise. If, upon expiration of the
4
KENAI MUNICIPAL AIRPORT
CONFERENCE ROOM USE AGREEMENT: STANDARD TERMS AND COND ITIONS
2020
occupancy contracted for, User fails to remove User's personal p roperty from the premises , Airport shall
remove and dispose of the same according to law.
16. Acceptance of Premises
The User agrees that it has inspected the meeting room and any accessory equipment to be provided
under this agreement and accepts them in their present condition. User acknowledges that the Airport
has made no representations or promises relied on by User regarding the fitness for a particular
purpose of the meeting room or accessory equipment.
17. Signs, Posters, and Banners
All signage is restricted to the rented conference room and times under the Use Agreement and shall
be limited to freestanding easels.
18. Assignments and Subletting
No part of the meeting room may be assigned, pledged, transferred, or subleased by User, nor may a
right of use of any portion of the room be conveyed or conferred on any third party by User by any other
means, without prior written consent of the Airport, which consent may be withheld in the Airport 's sole
discretion.
19. Governing Law. This agreement shall be governed by Alaska law and venue shall be in the State
of Alaska, Third Judicial District, at Kenai.
5
KENA I MUNICIPAL AIRPORT
CONFERENCE ROOM USE AGREEMEN T: STANDARD TERMS AND COND ITIONS 2121
Municipal Airport
305 N. WILLOW ST. SUITE 200 KENAI, ALASKA 99611
TELEPHONE907~1
FAX907~7
Memo
To: Airport Commission
Through: Mary Bondurant -Airport Mana
From : Erica Brincefield -Assistant
Date: February 4 , 2021
Subject: Recommendation to Award Airport Security Guard Services
On December 31 , 2020, the City of Kenai advertised for Airport Security Guard SeNices
at the Kenai Municipal Airport . Proposals were due February 2 , 2021 at 1 O:OOa .m .
Three responsive proposals were received for the contract term March 1, 2021 through
February 29 , 2024 (may be extended for two successive one-year terms by mutual
consent of the City and the Contractor).
Three evaluators awarded points based on the provided evaluation criteria for
responsiveness, experience, capability and references, and the price per hour:
Guardian Security Services, Inc. 96
Phoenix Protective Corp. 82
Rael Security 72
Guardian Security SeNices, Inc. was the successful proposer with the highest number
of points .
Does Commission recommend Council award the Agreement for Airport Security
Guard Services to Guardian Security Services, Inc.?
attachment
www.Kena iAirport.com
2222
AGREEMENT FOR AIRPORT SECURITY GUARD SERVICES
THIS AGREEMENT is made thi s _ day of __ 2021, by and between the CITY
OF KENAI (Owner or C ity), 210 Fidalgo Avenue, Kenai, AK 99611 -7794, and xxxxx
(Co ntractor), ADDRESS XXXX.
WHEREAS , Owner desires to contract for security g uard services for th e Kenai
Municipal Airport (Facilities); and,
WHEREAS , Owner and Contractor agree to the terms and conditions under which
Contractor s hall provide such services and both Owner and Contractor desire to contract for
the provision of such se r v ices by Contractor.
NOW, THEREFORE, the parties hereto agree as follows:
1. Term. The tenn of this Ag reem ent shall begin on March 1, 2021, and end on
February 28, 2024.
2 . Extension. This Agreement may be extended for two successive one-year
terms by mutual written conse nt of Owner and Contractor.
3. Facility and Services.
A. Contractor shall provide the services described in Sections 2 and 3 included in
the Instruction to Proposers attached hereto as Exhibit A and incorporated herein by
reference. Contractor shall provide and perform for Owner the services described in this
Agreement seven days per week.
4. Payment. In exchange for performance of security g uard services provided
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hereunder, Owner shall pay Contractor for services rendered at the rate of $XX per hour.
Owner guarantees a minimum payment of that rate for 35 hours per week, provided
Contractor actually provides those services. Contractor is expected to perform all security
services as set forth above in those 35 hours per week . If Owner adds patrolled service areas,
Owner shall authorize an adjustment in the number of hours in writing, subject to the
minimum guarantee.
Invoices for serv ices performed b y Contractor must be received by Owner no later
than five working days following the end of the month during which Contractor performed
the services. Invoices must be sent to: Airport Administrative Office, 305 N . Willow St. Ste.
200, Kenai , AK 99611. Payment will be due fro m Owner to Contractor within thirty days
after Contractor has su bmitted Contractor's invoice for services to Owner.
5. Administrator; Designated Representative. T he Airport Manager will act
as Contract Administrator (Administrator) to act on th e City's behalf. Co ntractor is
re sponsi ble for prompt attention to any defecti ve work pointed out by the Administrator. At
the request of the Admini strator, Contractor shall meet with the Administrator at least twice
each calendar month to conduct a n inspection of the Facility and to discuss performance.
Contractor must suppl y Owner with th e 'co ntact name and telephone number of
Contractor's designated representative in writing on or befo re March 1, 2021. Co ntractor i s
responsible for the performance of the services required under this Agreement, and for the
direct supervision of Co ntractor's personnel, through its designated representative. Such
representative s hall , in turn, be avai lab l e at all rea sonable times to report and confer with the
Owner with respect to the services. Contractor must pro vide Owner with a telephone and/or
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an answering service number through which Owner can contact the designated representative
24 hours per day. Should the designated representative be away from the City of Kenai or be
otherwise unable to respond to Owner, Contractor shall designate a n ew or temporary
representative who shall be empowered to act for Contractor and provide Owner with this
contact information.
6. Independent Contractor; No Agency . Contractor's relationship with Owner
is that of an independent contractor with the authority to control and direct the performance
of details of the services that are the subject of this Agreement. Nothing contained in this
Agreement may be construed to cre ate an agency, partners hip, joint venture, or employee-
employ er relationship between Owner and Contractor. Contractor is not the agent of Owner
and Contractor is not authori z ed to make any representation, contract, or commitment on
behalf of Owner.
7. Contractor's Personnel Payment and Supervision.
A. All personnel furnished by Contractor must be employees of Contractor.
Contractor must pay all taxes, salaries, and expenses of each employee, including but not
limited to payment of all federal social security taxes, federal and state unemployment taxes ,
and any payroll taxes relating to such employees.
B. The manner in which the services contracted for hereunder are to be
performe d are determined by the Contractor. Contractor agrees that the services provided
under this Agreement must only be performed by qualified, careful, and efficient employees
in strict conformity with the best practices and highest applicable standards.
C. It is the Contractor's duty to train its employees in order to provide the
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services required. Contractor will furnish the Administrator a li st of the names, addresses
and te lephone numbers of Contractor's employees wor king under thi s Agreement and shall
provide Owner with updates of this list as information changes.
D. Owner may require removal fr om the Facility those employees of Contractor
whose presence is deemed incompetent, insubordinate or other wise objectionable, or whose
continued employment and presence at the Facility is contrary to the public int erest or
incon s istent with the best interest of Owner.
8. Insurance.
A. Throughout the term of this Agreement Contractor shall , at its own expense,
secure and keep in force insurance as s tated below.
i. Comprehensive general liability insurance, including premises, all operations,
property damage, personal inj ury and death, broad-form contractual coverage with a per
occurrence limit of not le ss than ONE MILLION DOLLARS ($1,000,000) combined singl e
limit.
ii. Worker's Compensation in surance with coverage for all emplo yees engaged
in work under this Agreement as required by AS 23 .30.045.
iii. Comprehensive automobil e liability insurance covering all owned, hired , and
non-owned vehicles with coverage limits not less than $250,000 combined single limit per
occurrence.
Where specific li mits are stated, the limits are the m1mmum acceptable limits. If
Contractor's insurance p o li cy contains hi gher limits, Owner is entitled to coverage to the
extent of the higher limits.
B. All insurance required by this paragraph 8 shall meet the following requirements:
i. for comprehensive general li a bility and automobile liability ins urance,
name the City of Kenai as an additional insured; and,
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11. for worker's compensation insurance, general liability and automobile
liability insurance includ e a waiver of subrogation so that the insurer
waives all rights of subrogation against the City of Kenai for payments
made under the policy; and,
111. pro vide Owner with at least 30 days' notice be fore any termination,
cancellation, or material change in insura nc e coverage is effective; and ,
iv. be iss ued by a co mpa ny/corporation currently rated "A-"or better by A.M.
Best.
C. Contractor must submit to Owner p roof of insurance coverage in the form of
in surance policies, certificates, endorsements, or a combination thereof , an d signed by a
person autho rized by the insurer to bind coverage on its beha lf. The effective da te of the
insurance w ill be no later than the effective date of this Agreement.
D. The indemnification and insurance coverage requirements stated in this
paragrap h 8 and in paragraph 9, below, do no t relieve Contractor of any other obligation
und er this Agreement.
E . Owner may increase the amount or revise the type of required insurance on
written demand without requiring amendments to this Agreement. Owner will base any
increase or revision on reas onable and justifiable grounds . Within two weeks of the written
demand, Con tractor sh all submit to Owrter evidence of in sura nce coverage that meets the
requirements of Owner.
9. Indemnification. The co ntracto r shall indemnify, defend , and hold harml ess
the contracting agency fro m and against any cl aim of, or li ability for , negli ge nt acts, errors,
and omissions of the Co ntractor under this agreement. T he contractor is not required to
indemnify, defend, or hold harmless th e contracting agency for a claim of, or li a bility for , the
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independent negligent acts, errors, and omissions of the contracting agency. If there is a
claim of, or liabi lity for, a joint negligent act, error, or omission of the contractor and the
contracting agency, the indemnification, defense, and hold harmless obligations of this
provision shall be apportioned on a comparative fault basis. In this provision, "consultant"
and "contractin g agency" include the employees, agents, and contractors who are directly
respons ible, respectively, to each. In this provision, "independent negligent acts, errors, and
omissions" means negligence other than in the contracting agency 's selection , administration,
monitoring, or controlling of the contractor, or in a pproving or accepting the contractor's
work.
Following are definitions for terms in the above clause:
(I) "contractor" means a person who contracts w ith a pub lic agency to provide professional
serv ices;
(2) "professional services" means professional, technical , or consultant 's services that are
predominantly intellectual in character, result in the production of a report or the completion
of a task , and include analysis , evaluation, prediction, planning, or recommendation;
(3) "public agency" means a department, in st itution, board, commission, division, authority,
public corporation, committee, school district, political subdivision, or other administrative
unit of a municipality, of a political subdivision , or of the executive or legislative branch of
state government, including the U ni versity of Alaska, the Alaska Aerospace Development
Corporation, the Alaska Hous ing Finance Corporation, the Alaska Industrial Deve lopment
and Export Authority, the Alaska Energy Authority, the A laska Railroad Corporation , and a
regional educational attendance area.
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10. Complaints; Charges. If the Administrator provides complaints regarding
security guard services to Co ntractor 's designated representative, Contractor shall act on the
complaint within twenty-four hours, or if urgent, on the same day the complaint is delivered
to Contractor. If the deficiencies are not corrected in the Agreement for Services allotted
time, Owner wi ll arrange to have the work done and all charges will be deducted from
Contractor's monthly payment.
11. Termination.
A. Termination for Cause. The obligation to provide further services under this
Agreement may be terminated for cause by either party upon fifteen days' written notice in
the event of substantial failure by the other party to perform in accordance with the term
thereof through no fault of the terminating party. The nonperforming party shall be given a
fifteen calendar day cure period to show progress (satisfactory to the terminating party) after
the written notice of intent to terminate.
In the event of any terminatio n, Contractor will be paid for all services properly
rendered up to the date of termination. Upo n any termination, Contractor must promptly
discontinue all services affected (unless a termination notice from Owner directs otherwise).
In the event of termination for c ause by Owner, Owner has the right of set-off from any
payment due Contractor, of all expenses, costs, and damages, including professional and
legal expenses necessary to provide the services.
B. Termination Without Cause . Owner retains the exclusive right to cancel, stop,
or re-schedule a ny or all services associated with this Agreement upon thirty (30) days '
written notice to Contractor. Owner reserves the right to term inate this Agreement fo r
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reasons of convenience or if the services are no longer needed with the same termination
conditions stated in subsection (A) immediately above except the fifteen (15) day cure period
stated above.
Contractor may terminate this Agreement at any time upon thirty (30) days' written
notice to Owner. Termination of this Agreement by Contractor without cause shall cause
Contractor to be li ab le to Owner for any increased costs of procuring replacement services as
well as for any other damages provided by law.
12. Costs on Default. In the eve nt that either party defaults in the performance of
any of its obligations under this Agreement and an action is bro ught for the enforcement
I..
thereof, the defaulting party must pay the other a ll the costs and expenses incurred therefore,
including actual, reasonable attorney's fees. No right or re medy herein conferred up on or
reserved to Owner is intended to be exclusive of any other right or remedy, and each and
every right and remedy shall be cumulative and in add ition to any other right or remedy
given hereunder, or now or he reafter ex isting at law or in equity or by statute.
13. Licensing. Co ntractor must obtain and maintain all necessary licenses and
permits , pay all taxes lawfully imposed on its business, and pay any other fee or charge
assessed under any applicable public s tatute, regulation, or ordinance. Said licensing
includes , but is n ot limited to, obtaining state and borough business licenses and tax
certificates, and, where applicable to Contractor, payin g all taxes and fil ing all documents
necessary to maintain Contractor's status as a corporate entity in good standing in the State
of A laska .
14. Visitors. Contractor may not permit there to be children, friends , or other
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unauthorized persons at the Facility while the services are being performed by Contractor.
15. Assignment and Subcontract. Contractor may not assign or transfer this
Agreement without the prior written approval of the Owner. Further, Contractor may not
subcontract and/or transfer any part of the services or work to be performed without prior
written approval of the Owner. Any such assignment or transfer or subcontracting of
services without the consent of Owner constitutes default on the part of Contractor.
16. No Discrimination. The Contractor will undertake a nondiscrimination program
required by 14 CFR, Part 152, Subpart E, to insure that no person will be excluded from
participating in any employment acti v ity covered by 14 CFR, Part 152, Subpart E, on the
grounds of race, creed, color, national origin, or sex. The Contractor may not exclude any
person on these grounds fro m participating in or recei vin g the servi ces or benefits of any
program or acti vity covered by the Subpart. Th e Contractor further understands that it will
require its covered sub organi zati ons to provide assurances to the City that they will also
undertake nondiscrimination programs and require assurances from their sub organizations,
as required by 14 CFR, Part 152, Subpart E.
CIVIL RIGHTS -TITLE V I ASSURANCE
Compliance with Nondiscrimination Requirements:
During the performance of this contract, the Contractor, for itself, its assignees , and
successors in interest (hereinafter referred to as the "Contractor"), agrees as follows:
1. Compliance with Regulations: The Contractor (hereinafter includes consultants)
will comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities,
as they may be amended from time to time, which are herein Incorporated by reference
and made a part of this contract.
2. Nondiscrimination: The Contractor, with regard to the work performed by it
during the contract, will not discriminate on the grounds of race, color, or national
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origin in the selection and retention of s ub-contractors, including procurements of
mate rial s and leases of e quipment. The Contractor will not participate directly or
indirectly in the discrimination prohibited by the Nondiscrimination Acts and
Authorities, including employm ent practices when the contract covers any acti vi ty,
project, or program set forth in A ppendix B of 49 CFR part 21.
3. Solicitations for Subcontracts , including Procurements of Materials and
E quipment: In all solicitations, either by competitive bidding or negotiation made by
the Contractor for work to be performed under a subcontract, including procurements
of materials, or leases of equipment, each potential su b-contractor or supplier will be
notified by the Contractor of the contractor's obligations under this contract and the
Nondisc rimination Acts and Authorities on the grounds of race, color, or national
on gm.
4. Information and Reports: The Contractor will provide all information and reports
required by the Acts, the Regulations, and directives issued purs uant thereto and will
permit access to its books , records, accounts, other sources of information, and its
facilities as may be determined by the s ponsor or th e Federal Aviation Administration
to be pertinent to ascertain compliance w ith such Nondiscrimination Acts and
authorities and instructions. Where any information required of a contractor i s in the
exclusive possession of another who fails or refuses to furni s h the information, the
Contractor will so certify to the sponsor or t he Federal Avi a tion Administration, as
appropriate, and will set forth w hat efforts it has made to obtain the information.
5. Sanctions for Noncomp liance: In th e e v e nt of a Contractor's noncompliance with
the non-discrimination p rovisions of this contract, the sponsor will impose such
c ontract sanctions as it or the Federal Aviatio n Administration m ay determine to be
appropriate, including, but not limited to:
a . Withholding payments to the Contractor under the contract until the
C ontractor complies; and /o r
b. Cancelling, tem1inating, or sus pending a contract, in w hole or in part.
6. Incorporation of Provisions: T he Contractor will include the provisions of
paragraphs one through si x in every s ubcontract, including procurements of materials
and leases of equipment, unless exempt by the Acts, the R egulations, and d irectives
is su ed pursuant thereto . The Contractor w ill take action with r esp ect t o any
sub co ntract or procurement as the sponsor or the Fed eral Aviation A dministration
may direct as a m eans of e nforci n g such provisions including sanctions for
noncompliance. Provided , that if the Contractor becomes invo lved in, or is
threatened with li tigati on b y a sub-contra ctor, or supplier becau se of su ch direction ,
the Contractor m ay r equest the spon sor to enter into an y litigation to protect the
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interests of the sponsor. In addition, the Contractor may request the United States to
enter into the litigation to protect the interests of the United States.
CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY
ACQUIRED UNDER THE ACTIVITY, FACILITY OR PROGRAM
The following clauses will be included in deeds, li censes, permits, or similar
instruments /agreements entered into by Kenai Municipal Airport pursuant to the provisions
of the Airport Improvement Program grant assurances.
A. The (grantee, l icensee, permittee, etc., as appropriate) for himself/herself, his/her
heirs, personal representatives, successors in i nterest, and assigns, as a part of the
consideration hereof, does hereby covenant and agree (in the case of deeds and leases
add, "as a covenant running with the land") that (1) no person on the ground ofrace,
color, or nati onal origin, will be excluded from participation in, denied the benefits
of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in
the construction of any improvements on, over, or under such land, and the furnishing
of services thereon, no person on the ground of race, color, or national origin, will be
excluded from participation in, denied the benefits of, or otherwise be subjected to
discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.) will use the
premises in compliance with all other requirements imposed by or pursuant to the List
of discrimination Acts And Authorities.
B. With respect to (licenses, leases, permits, etc.), in the event of breach of any of the
above nondiscrimination covenants, Kena i Municipal Airport will have the right to
terminate the (license, permit, etc., as ap propriate) and to enter or re-enter and
repossess said land and the faci lities thereon, and hold the same as if said (license,
permit, etc., as appropriate) had never been made or issued. *
C. With respect to deeds, in the event of breach of any of the above
nondiscrimination covenants, Kenai Municipal Airport will there upon re ve rt to and
vest in and become the a bsolute property of Kenai Municipal Airpo rt and its assigns.
*
(*Reverter clause and r elated language to be used only when it is determined that
such a clause is necessary to make clear the purpose of Title VI.)
T itle VI List of Pertinent Nondiscrimination Acts and Authorities
During the performance of this contract, the Contractor, for itself, its assignees, and
successors in interest (h ereinafter referred to as the "Contractor") agrees to comply with the
fo ll owing non-discrimination statute s and authorities; including but not limited to:
Draft Agreemen t for Security Guard Services
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3333
• Title VI of the Civil Rights Act of 1964 (42 USC §2000d et seq., 78 stat.252)
(prohibits discrimination on the basis of race, color, national origin);
• 49 CPR part 21 (Non-discrimination in Federally-assisted programs of the
Department of Transportation -Effectuation of Title VI of the Civil Rights Act of
1964);
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970, ( 42 USC §4601) (prohibits unfair treatment of persons displaced or whose
property has been acquired because of Federal or F ederal-aid programs and
projects);
• Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et s eq.), as amended
(prohibits discrimination on the basi s of disability); and 49 CFR part 27;
• The Age Discrimination Act of 19 75 , as amended (42 USC§ 6101 et seq.)
(prohibits discrimination on the ba sis of age);
• Airport and Airway Improvement Act o f 1982 (4 9 USC§ 471, Section 47123), as
amended (prohibits discrimination based o n race, creed, color, nati onal origin, or
sex );
• The Civil Rights Restoration Act of 1987 (PL I 0 0-209) (broadened the scope,
coverage and applicability of Title VI of the Civil Ri ghts Act of 1964, The Age
Discrimination Act of 1975 and Section 504 o f the R e habilitation Act of 1973, by
expanding the definition of the term s "programs o r activities" to include all of the
programs o r activities of the Federa l-aid recipients, sub-re cipients and
concessionaires, whether such programs or activities are Federally funded or not);
• Ti tles II and III of the Ameri cans with Disabilities Act of 1990, which prohibit
discrimin ation on th e basis of disability in the operation of public entities, public
and private transportation sys tem s, pla ces of public accommodation, and certain
te sting entities (42 USC §§12131 -12189) as implemented by U.S. Department
of Transportation re gulations at 49 CFR parts 37 and 38 ;
• The Federal Aviation Administration 's Nondiscrimination statute (49 U SC §
4 7123) (prohibits dis crimination on the bas is of race, color, national origin, and
sex);
• E xecutive Order 12898 , Federal Actions to Address Environmental Justice in
Minority Populations and Low-Income Populations, which ensure s
nondis crimination against minority populations by discouraging programs,
policies, and activities with disproportionately high and adverse human health or
environmental effects on minority and low-income populations ;
• Executive Order 13166, Improving Access to Services for Persons with Limited
Eng lish Proficiency, and resulting agency guidance, national origin discrimination
includes discrimination because of limited English proficiency (LEP). To ensure
compliance with Title VI, you must take reasonable steps to ens ure that LEP
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3434
persons have meaningful access to yo ur programs (70 Fed. Reg. at 74087 to
74100);
• Title IX of the Education Amendments of 1972 , as amended, which prohibits you
from discriminating because of sex in education programs or activities (20 USC
1681 et seq).
A. Affirmative Action: The Contractor will und ertake any affirmative action
program required by 14 CFR, Part 152 (Airport Aid Program), s ubpart E (Nondiscrimination
in Airport Aid Program), and the American Disabilities Act of 1990 to ensure that no person
shall , on the gro unds of race, creed, color, nati onal origin, age, sex, handicap, marital status,
change in marital status, pregnancy, or parenthood b e excluded from participating in any
e mployment, contracting, or leasing activities covered by 14 CFR Part 152, subpart E or th e
American Disabilities Act of 1990 . Contractor assures that no p erson shall be exclud ed on
these grounds, from participating in o r receivi n g the services or benefits of any program or
activity covered by said su bpart or act. Contractor assures that I will require its covered
organizations provide assuran ces to state that they si milarly will undertake affirmative action
programs an d that they will require assurances fro m their suborganizations as required by 14
CFR Part 15 2 , subpart E or the A me r ican Dis abilities Act of 1990 , to the same effect.
Contract shall compl y with any a ffirmati ve action plan or steps for equal employment
opportunity required by 14 CFR Part 152, subpart E , the American Disabilities Act of 1990, a
part of the affi rmative action program, and by any federal, state, or local agency or court,
including those resulting fro m a conciliation agreement, consent decree, court order, or
similar mechani sm. Contractor shall use state or local affirmative actions plans in lieu of any
affi rmati ve action plan or steps required by 14 CFR 152.409 . Contractor sha ll obtain a
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3535
simi lar assurance from its covered organizations, and to cause them to require a similar
assurance of their covered suborganizations , as required by 14 CFR Part 152, subp art E .
Copies of CFR Part 152 , s ubpart E, and the American Di sabilities Act of 1990 are available
from the City.
17. Assumption of Risk . Contractor must provide all proper safeguards and
assume all ri sks incurred in pe rforming its services hereunder.
18. No Waiver. If Owner does n ot insist in any one or more instances on the
strict performance by Contractor of any provision or article under this Agreement, it is not a
wai ver or relinquishment for the future, but the provision or article will continue in fu ll fo rce.
An Owner waiver of any provision or article in this Agreement cannot be enforced n or relied
on unle ss the waiver is in writi ng and signed on behalf of Owner.
19. Integration and Modification. This Agreement contains the entire
agreemen t of the parties . A ll negotiations, statements, rep resentation s, warranti es, and
assurances, whether oral or written, w hich are in a ny way rel ate d to the subject matter of thi s
Agreement or the performance of e ither party hereto , are merged and integrated into the
terms of thi s Agree ment. This Agreement may not be modified or amended except by a
writing signed by both parties hereto.
20. Applicabl e LawNenue. In any di spute betwee n the parties, the laws of the
State of Alas ka will go ve rn. If any such dispute results in a lawsuit, the parties may onl y
bring the lawsuit be fore the courts of the State of A las ka in the Third Judicial District at
Kenai.
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21. Rules of Interpretation. Headings of paragraphs herein are so lely for
convenience of reference and shall not affect meaning, construction, or effect of this
Agreement. Unless the context otherwise indicates, words expressed in the singular shall
include the plural and vice versa. Unless the context otherwise indicates, the use of the
neuter , masculine, or feminine gender shall include the others as well.
22. Not ice s . Any and all notices requ ired or permitted under this Agreement,
unless specified otherwise, shall be in wri tin g and hand-delivered or mailed by certified mail,
return receipt requested, to the following addresses:
Owner:
Contractor:
Kena i Municipal Airport
305 N. Willow St. Ste. 200
Kenai, AK 99611
Either party may change its address for notice by g iving notice as provided herein to the
other party. N otice i s effective upon hand delivery or deposit, postage prepaid, in the United
States mail.
23. Authority. By signing thi s Agreement Contractor represents that it has read
this Agreement and it agrees to be bound by the terms and conditions herein and that the
person signing this Agreement is duly authorized by the organization to bind the organization
hereunder.
24. Effective Date. This Agreement is not effective until si gned by the C ity
Manager of C ity of Kenai and the Contractor.
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3737
IN WITNESS WHEREOF, the parties hereto have executed this agreement fo r
Services the day and year set forth below.
Draft Agreement fo r Securi ty Guard Services
CITY OF KENAI
By:
Paul Ostrander
C ity M anager
xxxxxxxxxxxx
By:
:xxxxxxx
Owner
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3838
STATE OF ALASKA )
)ss
THIRD JUDICIAL DISTRICT )
The foregoing instrume nt was acknowledged before me this day of __ _
___ , 2021 , by Paul Ostrander, City Manager of the City of Kenai, an A laska municipal
co rporati on , on behalf of the City .
Notary Public for Alaska
My Commiss ion Expires: __ _
CORPORATION CONTRACTOR NOTARY:
STATE OF ALASKA )
)ss
THIRD J UDICIAL DISTRICT )
The forego ing in strument was acknowledged be fore me this day of __ _
2021 , by XXXXXXXXX, an A la skan Corporation, on behalf of the corporation.
Approved as to form:
Scott Bloom
C ity Attorney
Draft Agree men t for Secu ri ty Guard Services
Notary Public for Alaska
My Commission Expires: ____ _
Page 17of17
3939
Municipal Airport
Memo
To:
Thru:
From:
Date:
Subject:
305 N. WIU.OW ST. SUnE 200 KENAI, ALASKA 99611
TB.EPHONE 907-283-7951
FAX 907-283-3737
Airport Commission
\
Mary Bondurant -Airport Manage
Erica Brincefield -Assistant
February 4, 2021
State of Alaska DNR/Forestry -Special Use Permit
The State of Alaska DNR/Forestry is requesting a Special Use Permit for 30 ,000
square feet for aircraft loading and parking related to firefighting activities .
The Special Use Application and the $100 application fee was received on
February 4 , 2021. The Division of Forestry is current in all fees owed and a
current Certificate of Insurance is on file .
The Special Use Permit is effective April 1, 2021 through June 30 , 2021.
Does Commission recommend Council approve the Special Use Permit to
the State of Alaska DNR/Forestry?
Attachments
www.KenaiAirport.com
4040
SPECIAL USE PERMIT 2021
The CITY OF KENAI (City) grants to STATE OF ALASKA DEPARTMENT OF
NATURAL RESOURCES/DIVISION OF FORESTRY (Permittee), whose address is 550
W. Seventh Avenue, Suite 14 50, Anchorage, AK 99501-3566, a Special Use Penn.it to
conduct aeronautical and/or aviation-related activities at the Kenai Municipal Airport
subject to the requirements and the conditions set forth below.
l. Premises. Permittee shall have the non-exclusive right to use 30,000 s quare feet as
described in the attached diagram shown in the attached Exhibit A for the uses identified in
this Permit.
2. Term. Th e term of this Permit shall be for three months commencing on April 1,
2021, and ending on June 30, 2021. Regardless of the date of s ignature, this Permit shall be
effective as of April 1, 2021.
3. Permit Fees. Pennittee shall pay the following fees for the privileges extended to
Pennittee under this Pennit:
A. Permit: Permittee shall pay a monthly fee plus appli cable sales tax as follows:
April $ 3025.00
May $ 3025.00
June $ 3025.00
B. Proximity Card for Gate Access: In addition to the general pennit fee,
Permittee shall pay a deposit of One Hundred Dollars ($100.00) for the use of each
proximity card issued to Permittee by City to allow for gate access to the Airport to
conduct the uses permitted hereunder. City shall refund this deposit to Pennittee
when the card is returned to City. City may exercise a right of offset to apply the
deposit to any outstanding balance due to City from Perrnittee at the termination of
this Permit. ·
C. Other Fees: City may assess additional fees for aviation or aviation support
activities and uses not defined in this Permit. If a fee ha s not been established for
those activities or services, a fee will be establ ished by the Airport Manager.
Payment shall be directed to City of Kenai, ATTN: F inance Department, 210 F idalgo
A venue, Kenai , AK 99611 and a courtesy notice of payment provided to Airport
Administration at 305 North Willow Street, Suite 200 , Kenai, AK 99611. All pennit fees
are payable in advance of each month unless otherwise provided. In the event of
delinquency, interest at the rate of I 0% per annum, and penalty of l 0% shall also be due
(KMC 1.75 .010). Interest shall accrue from the date due until the date paid in full. Failure
Special Use Permit-DNR/Forestry (Parking) Page 1 of 9
4141
to timely make payments is grow1ds for termination of this Permit. (See «\I 22, Termination).
4. Use. City authorizes Permittee's non-exclusive use of the Premises for the
following purpose(s):
Air craft loading and parking. NOTE: This permit does not guaran tee the exclusive use of
the area identified in Exhibit A. City reserves the right to re-assign Permittee, upon
reasonable notice, to other areas as airport needs may require.
Permittee shall have the right of ingress and egress to the Airport using only designated
gate access locations (which may require a proximity card) for the use of the Premises.
This Permit, and any access rights allowed hereunder, are for Permittee's use only and may
not be transfened or assi gned.
Use of the Premises by Pennittee is subject to the reasonable administrative actions of the
City of Kenai for the protection and maintenance of the Premises and of adjacent and
contiguous lands or facilities and is further subject to the following conditions:
Permittee acknowledges that the u se granted herein is subject to the Kenai Municipal Code
and municipal regul ations governing the Kenai Municipal Airport and as those laws and
regu lations may be amended from time to time.
Solicitation of donations or operation of a business or other commercial enterprise not
contemplated by this Permit is prohibited without the written consent of City.
No person mav repair an aircraft, aircraft engine, propeller, or apparatus in an area of the
Airport other than that specifically designated for that purpose by the Airport Manager or
designated representative. The Airp01t Manager or designated representative reserves the
right to designate reasonable areas where aircr aft owners may perforn1 services on their
own aircraft.
5. Airpo rt Operations. Permittee shall ensure that the Permittee, its employees, and
guests, and anyone else acting by, on behalf of, or under the authority of Permittee on the
Airport, that perforn1 any repairs or activities authorized under this Permit act in a manner
that ensures the safety of people and the Airport, the prot ection of public health and the
environment, and the safety and integrity of the Airport and any premises on the Airport.
Perrnittee shall employ qualified personnel and maintain equipment sufficient for the
purposes of this provision. The Permittee shall immediately notify City of any condition,
problem, malfunction, or other occunence that threatens the safety of the Airport, the safety
of persons using the Airpmt, the public health or the environment, or the safety or integrity
of any premises on the Airport.
Special Use Permit-DNR/Forestry (Parking) Page 2of9
4242
6. Inspection. The Federal Aviation Administration (FAA) and/or City shall have the
right and authority to inspect, at any time for any purpose whatsoever, the Premises as well
as any and all equipment used by the Permittee under this Permit.
7. Coordination with Airport Management. Permittee shall coordinate all activities
on the Airport with Airport Management, or a designated representative, and shall abide
by all reas onable decisions and directives of the Airport Management regarding general
use of the Airport by Perrnittee.
8. Radio Transmitting Equipment. Permittee shall discontinue the use of any
machine or device which interferes with any government-operated transmitter, receiver, or
navigation aid until the cause of the interference is eliminated.
9. Insurance. Permittee shall secure and keep in force adequate insurance, as stated
below, to protect City and Permittee. Where specific limits are stated, the limits are the
minimum acceptable limits. If Perrnittee's insurance policy contains higher limits , City is
entitled to coverage to the extent of the higher limits.
A . Commercial General Liability insurance, including premises, all operations,
property damage, personal injury and death, broad-form contractual, with a per-
occurrence limit of not less than $1,000,000 combined single limit. The policy must
include an endorsement under which the insurer extends coverage to Permittee's
fuel handling activities. The policy must name the City as an additional insured.
B. Worker's compens ation insurance with coverage for all employees engaged
in work under this Pemlit or at the Premises as required by AS 23.30.045. Permittee
is further responsible to provide worker's compensation insurance for any
subcontractor who directly or indirectly provides services to Pem1ittee under this
Permit.
C. Commercial Automobile Coverage with not less than $1,000,000 combined
s ingle limit per occurrence. This insurance must cover all owned, hired, and non-
owned motor vehicles the Pennittee uses on the Airport. The policy must name the
City as an additional insured.
D. All insurance required must meet the following additional requirements:
1. All policies will be by a company/c01poration currently rated "A-"or
better by A.M. Best.
IL Permittee shall submit to the City proof of continuous insurance
coverage in the fonn of insurance policies, certificates, endorsements,
Special U s e Permit-DNR/Forestry (Parkjng) Page 3of9
4343
or a combination thereof, and signed by a person authorized by the
insurer to bind coverage on its behalf.
m. Permittee shall request a waiver of subrogation against City from
Perrruttee's ins urer and the waiver of subrogation, where possible,
shall be provided at no cost to City.
iv. Provide the City with notification at least 30 days before any
termination, cancellation, or material change in insurance coverage of
any policy required hereunder.
v. Evidence of insurance coverage must be submitted to City by April 1,
2021. The effective date of the insurance shall be no later than April
1, 2021.
City may increase the amount or revise the type of required insurance on written demand
without requiring amendments to this Permit. City will base any increase or revision on
reasonable and justifiable grounds. Within two weeks of the written demand, Permittee
shall submit to City evidence of insurance coverage that meets the requirements of the City.
10. Assumption of Risk. Permittee assumes full control and sole responsibility as
between Permittee and City for the activities of Permittee, its personnel, employees, and
persons acting on behalf of or under the authority of the Permittee anywhere on the Airport.
Pennittee shall provide all proper safeguards and shall assume all risks incurred in its
activities on and access to the Kenai Municipal Airport and its exercise of the privileges
granted in this Permit.
11. Indemnity, Defend, and Hold Harmless Agreement. Permittee agrees to fully
indemnify, defend, and hold harmless, the City of Kenai, its officers, agents, employees,
and vo lunteers from and against all actions, damages, costs, liability, claims, losses,
judgments, penalties , and expenses of every type and description, including any fees and/or
costs reasonably incurred by the City's staff attorneys and outs ide attorneys and any fees
and expenses incurred in enforcing this provision (hereafter collectively refeITed to as
"Liabilities"), to which ru1y or all of them may be subjected, to the extent such Liabilities
are caused by or result from any negligent act or omission or willful misconduct of th e
Permittee in connection w ith or arising from or out of Permittee's activities on or use of
the Premises, Pennittee's access to the Kenai Municipal Airport, and/or Permittee's
exercise of the privileges granted in this Permit. This shall be a continuing obligation and
shall remain in effect after termination of this Permit.
12. Fuel Spill Prevention and Response Plan. Areas of the apron have been seal coated
to protect asphalt from adverse effects of petroleum product spills. The City requires that
Special Use Permit-DNR/Forestry (Parki ng) Page 4of9
4444
Permittee provide adequate absorbent materials and tools available on the Premises and at the
airport in order to maintain a fuel spill and response capability. Permittee shall be liable for
any damage caused by and costs associated with any spill, the cleanup of any spill, or the
discharge of petroleum products or hazardous materials due to Pennittee's use of the apron
and/or use of the Airport .
Permittee shall provide to City an acceptable fuel spill prevention and response plan and
will maintain fuel spill and response capability. Permittee further agrees to have a copy of
the fuel spill prevention and response plan located in the Permittee 's fuel dispensing
equipment at all times. Pe1mittee must comply with the Airport's Storn1 Water Pollution
Prev ention Plan as appropriate to Permittee's activities.
Permittee shall not store any personal property, solid waste, petroleum products, Hazardous
Material as defin ed by 14 CFR § 171. 8, hazardous waste (ignitab le, corrosive, reactive, or
toxic) or any hazardous substance on any portion of the Airport. Permittee is aware that
there are significant penalties for improperly disposing of the Hazardous Material s and
other was te and for submitting false infonnation regarding Hazardous Materials, including
the possibility of fine and imprisonment for knowing violations.
Permittee shall immediately remove the material in the event of spillage or dripping of
gasoline, oil , grease, or any other material which may be unsightly or detrimental to the
pavement or surface in or on any area of the Airport .
Permittee may not construct or install any above-ground or underground fuel storage tanks
or dispensing systems at the Airport.
No person shall smoke on an aircraft-parking ramp, inside an aircraft hangar, or with in 50'
of any aircraft fuel facility or fuel truck.
Permittee is subject to FAA Advisory Circular 150/5230-4 Aircraft Fuel Storage,
Handling, and Dispensing on Airports , the National Fire Protection Associations'
"Standard for Aircraft Fueling Servicing" in NFP A 407 ( 1996 version), and the current
version of the International Fire Codes. All inspections of fuel facilities, by City or other
regulating entities to which Permittee is subject, shall be conducted to assure compliance
with the fire safety practices listed in these referenced documents.
13 . Hazardous Substances and Materials . Permittee shall conform and be subject to
the requirements of 14 CFR § 13 9 .321 regarding th e handling and storage of hazardous
substances and materials.
14 . No Discrimination. Permittee shall not discriminate against any person because of
the pers on's race, creed, color national origin, sex, age, or handicap. Permittee recognizes
Special Use Permit-DNRJForestry (Parking) Page 5of9
4545
the right of City to take any action neces sary to enforce this requirement of the Permit.
Permittee will furnish services provided under this Permit on a reasonable, and not unjustly
discriminatory, basis to all users of the Airport and shall charge reasonable, and not
unjustly di scriminatory, prices for each product or service provided at the Airport.
15. Licenses and Permits. Permittee shall obtain and maintain all required federal ,
state, and local li censes, certificates, and other documents required for its operations under
the Permit. Permittee shall provide proof of compliance to City upon request by the City.
16. Compliance with Law/Grant Assurances. This Permit, and Permittee's activities
conducted under this Permit, is subject to all executive orders, policies and operational
guide lines and all applicable requirements of federal, state , and City statutes, ordinances,
and regulations in effect during the term of this Permit. Fmiher, Permittee shall comply
with all applicable requirements imposed on the Airport by federal law to ensure that the
Airport's eligibility for federal money or for participation in federal avi ation programs is
not jeopardized. This Permit is subordinate to the City's grant assurances and federal
obligations.
17. No Exclusivity. The privileges granted under this Permit are not exclusive to
Pennittee. City has the right to grant to others any right or privilege on the Airport.
18. Assignment. The privileges granted under this Permit are personal to Pe1mittee and
may not be assigned by Permittee.
19. No Joint Venture. City shall not be construed or held to be a partner or joint
venturer of Pem1ittee in the conduct of its business or activities on the Premises or
e ls ewhere at the Kenai Municipal Airpori.
20 . No Waiver. Failure to insist upon a strict compliance with the te1ms, conditions,
and requirements herein contai ned , or refe rre d to, shall not constitute or be construed as a
waiver or relinquishment of the right to exercise such terms, cond itions , or requirements.
21. Personalty. Permittee shall remove any and all personal property, in cluding all
vehicles, from the Premises at the termination of this Permit (or any renewal thereo f).
Personal property p laced or used upon the Premises will be removed and/or impounded by
the City, if not removed upon term ination of this Permit and when so removed and/or
impounded, such property may be redeemed by the owner thereof only upon the payment
to the City of the costs of removal plus storage charges of $25.00 per day. The City of
Kenai is not responsible for any damage to or theft of any personalty of Permittee or of its
customers .
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4646
22. Termination; Default. This Permit may be terminated by either party hereto by
giving 30 days advance written notice to the other party. City may tenninate the Permit
immediately, or upon notice shorter than 30 days, to protect public health and safety or due
to a failure of Permittee to comply with condition or term of this Permit which failure
remains uncured after notice by City to Permittee providing Permittee with a reasonable
time period under the circumstances to correct the violation or breach.
23. Landing Fees; Fee Schedule. Timely payment of landing fees and other required
Airport fees is a condition of thi s Permit and , as such, failure to timely pay landing and
other airport fees is grounds for termination . Without limiting the foregoing, Permittee
shall pay landing fees for aircraft landings as set out in the City 's compreh ensive schedule
of rates, charges and fees. Permittee shall make payment within 30 days following the end
of each month and without demand or invoicing from City. Permittee sha ll also provide
Airport Administration with monthly certified gross take-off weight reports within ten days
following the end of each month for land ings for the preceding month. Airport landing
fee s shall be paid at the Airport Administration Building, 305 No1ih Willow Street , Suite
200, Kenai, AK 99611.
24. lmpoundment. At the discretion of the Airport Manager, City may impound any
aircraft parked on the Premises after termination of this Permit. Impoundment may be
accomp li shed by affixing a seal to the door of the aircraft or the moving of the aircraft for
impoundment purposes. Inconvenience or damage that may result from such movement
will be at the risk of Pe1mittee. An impoundment fee plus a towage fee shall be charged
on each aircraft impounded. In addition, a daily storage fee shall be charged for each day
the aircraft remains impounded. Any impounded aircraft that is not redeemed within 90
da ys after impoundment shall be considered abandoned and shall be subject to sa le at
public auction. Notice of any auction shall be published. Publication shall be in a
newspaper of general circulation in that area for at least once during each of three
consecutive weeks not more than 30 days nor less than seven days before the time of the
auction .
25. Definitions. As used in this Permit, "Perrnittee" means State. Department of
Natural Resources, Division of Forestry, and where the context reasonably indi cates, it s
officers, agents , and employees. "Airport" means the Kenai Municipal Airport.
CITY OF KENAI STATE OF ALASKA
DEPARTMENT OF NATURAL
RESOURCES, DIVISION
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4747
Paul Ostrander
City Manager
Date
OF FORESTRY
Timothy Dabney
Deputy Director,
Division of Fores try
Date
ACKNOWLEDGMENTS
STATE OF ALASKA )
) SS.
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this __ day of 2021, the foregoing
instrument was acknowledged before me by Paul Ostrander, City Manager, of the City of
Kenai , an Alaska municipal corporation, on beh alf of the City.
Notary Public for Alaska
My Commission Expires: ____ _
STATE OF ALASKA )
) SS.
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this __ day of , 2021 , the foregoing
instrument was acknowledged before me by Ti mothy Dabney, Deputy Director,
DNR/Division of Forestry, on behalf of the State of Alaska.
Notary Public for Alaska
My Commission Expires: ____ _
ATTEST:
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4848
Jamie Heinz, City Clerk
SEAL:
APPROVED AS TO FORM:
Scott M. Bloom, City Attorney
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4949
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Exhibit A
5050
Kenai City Council - Regular Meeting
January 20, 2021 ꟷ 6:00 PM
Kenai City Council Chambers
210 Fidalgo Avenue, Kenai, Alaska
www.kenai.city
Action Agenda
A. CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Consent Agenda (Public comment limited to three (3) minutes) per speaker;
thirty (30) minutes aggregated)
*All items listed with an asterisk (*) are considered to be routine and non-controversial by the
council and will be approved by one motion. There will be no separate discussion of these items
unless a council member so requests, in which case the item will be removed from the consent
agenda and considered in its normal sequence on the agenda as part of the General Orders.
B. SCHEDULED PUBLIC COMMENTS
(Public comment limited to ten (10) minutes per speaker)
1. Dr. Kristin Mitchell - COVID-19 Vaccine Update and Q & A.
2. Joy Merriner, BDO USA, LLP - Presentation of the FY2020 City of Kenai Comprehensive
Annual Financial Report, Federal and State Single Audit Reports, and Audit Wrap Up.
C. UNSCHEDULED PUBLIC COMMENTS
(Public comment limited to three (3) minutes per speaker;
thirty (30) minutes aggregated)
D. PUBLIC HEARINGS
1. ENACTED AS AMENDED. Ordinance No. 3177-2021 - Authorizing a Shop Local
Economic Stimulus Program to Benefit Kenai Small Businesses And Award of a
Professional Services Agreement to the Kenai Chamber of Commerce and Visitor Center
for Administration of the Program.
• Substitute Ordinance No. 3177-2021 - Authorizing a Shop Local Economic Stimulus
Program to Benefit Kenai Small Businesses And Residents And Award of a Professional
Services Agreement to the Kenai Chamber of Commerce and Visitor Center for
Administration of the Program.
2. ENACTED UNANIMOUSLY. Ordinance No. 3178-2021 - Accepting and Appropriating a
COVID Cares Act for Older Adults and Their Caregivers 2021 Grant Passed Through the
State of Alaska for Kenai Senior Center Expenditures in Support of its Response to the
COVID-19 Public Health Emergency.
5151
3. ADOPTED UNANIMOUSLY. Resolution No. 2021-01 - Approving Amendments to the
Kenai Community Library Policies to Adopt Rules Regarding the Lending of Various
Electronic Devices and to Make Housekeeping Changes.
4. ADOPTED UNANIMOUSLY. Resolution No. 2021-02 - Further Extending the Disaster
Emergency Declaration for the City of Kenai Made on March 18, 2020 in Response to the
COVID-19 Health Emergency.
5. ADOPTED UNANIMOUSLY AS AMENDED. Resolution No. 2021-03 - Supporting an
Amendment Under Consideration by the Kenai Peninsula Borough Anadromous Waters
Habitat Protection Work Group to Allow Limited Commercial Activities Within the Habitat
Protection District in the City of Kenai.
6. ADOPTED UNANIMOUSLY. Resolution No. 2021-04 - Accepting a Quitclaim Deed from
the Kenai Peninsula Borough for the Land Described as T.6N., R.11W. Sec. 31, Lots 40,
41, and 42 Containing 3.75 Acres, More Commonly Known as the 4th Avenue Park, for the
Public Purposes of Maintaining a Public Park.
E. MINUTES
1. APPROVED BY THE CONSENT AGENDA. *Regular Meeting of January 6, 2021.
F. UNFINISHED BUSINESS
G. NEW BUSINESS
1. APPROVED BY THE CONSENT AGENDA. *Action/Approval - Bills to be Ratified.
2. APPROVED BY THE CONSENT AGENDA. *Action/Approval - Purchase Orders Over
$15,000.
3. APPROVED BY THE CONSENT AGENDA. *Action/Approval - Non-Objection to the
Liquor License Renewals for The Bow Bar and The Cannery Lodge.
4. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 2/3/2021.
*Ordinance No. 3179-2021 - Amending Positions in the Classified Service in the Public
Works and Senior Center Departments as Established by the Annual Budget.
5. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 2/3/2021.
*Ordinance No. 3180-2021 - Amending Kenai Municipal Code 3.05.070-Citation
Procedure, and Kenai Municipal Code 13.10.015 – Minor Offense Fine Schedule to
Incorporate Various Animal Control Offenses into the Minor Offense Fine Schedule and
Make Other Housekeeping Changes.
6. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 2/3/2021.
*Ordinance No. 3181-2021 - Waiving Kenai Municipal Code 21.10.130 - Lease Execution
and Approving a Lease Execution Extension to July 27, 2021 to Kenai Aviation Operations,
LLC for Lot 9A, Block 5, General Aviation Apron Subdivision No. 5.
7. APPOINTMENT OF DAVID PECK CONFIRMED. Action/Approval - Confirmation of
Mayoral Nomination for Appointment to Harbor Commission.
5252
8. APPROVED UNANIMOUSLY AS AMENDED. Action/Approval - Supporting a
Transportation Program for Individuals Receiving COVID-19 Vaccinations at Locations in
Kenai.
9. APPROVED UNANIMOUSLY. Action/Approval - Supporting an Amendment to the Grant
Agreement with the Kenai Peninsula Food Bank of Alaska.
10. Discussion - Development of City of Kenai Business Stimulus / Incentive Programs.
11. Discussion - Kenai Fine Arts Center Remodel Update.
12. Discussion - COVID-19 Response.
H. COMMISSION / COMMITTEE REPORTS
1. Council on Aging
2. Airport Commission
3. Harbor Commission
4. Parks & Recreation Commission
5. Planning & Zoning Commission
6. Beautification Committee
7. Mini-Grant Steering Committee
I. REPORT OF THE MAYOR
J. ADMINISTRATION REPORTS
1. City Manager
2. City Attorney
3. City Clerk
K. ADDITIONAL PUBLIC COMMENT
1. Citizens Comments (Public comment limited to five (5) minutes per speaker)
2. Council Comments
L. EXECUTIVE SESSION
M. PENDING ITEMS
N. ADJOURNMENT
O. INFORMATION ITEMS
5353
1. Purchase Orders Between $2,500 and $15,000.
The agenda and supporting documents are posted on the City’s website at www.kenai.city. Copies of
resolutions and ordinances are available at the City Clerk’s Office or outside the Council Chamber prior
to the meeting. For additional information, please contact the City Clerk’s Office at 907-283-8231. Join Zoom Meeting https://us02web.zoom.us/j/88043579001 Meeting ID: 880 4357 9001 Passcode: 372771
OR
Dial In: (253) 215-8782 or (301) 715-8592
Meeting ID: 880 4357 9001 Passcode: 372771
5454
Kenai City Council - Regular Meeting
February 03, 2021 ꟷ 6:00 PM
Kenai City Council Chambers
210 Fidalgo Avenue, Kenai, Alaska
www.kenai.city
Action Agenda
A. CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Consent Agenda (Public comment limited to three (3) minutes) per speaker;
thirty (30) minutes aggregated)
*All items listed with an asterisk (*) are considered to be routine and non-controversial by the
council and will be approved by one motion. There will be no separate discussion of these items
unless a council member so requests, in which case the item will be removed from the consent
agenda and considered in its normal sequence on the agenda as part of the General Orders.
B. SCHEDULED PUBLIC COMMENTS
(Public comment limited to ten (10) minutes per speaker)
1. Brandy Niclai and Bill Lierman, Alaska Permanent Capital Management -
2020 Financial Performance, Financial Projections, and Recommended 2021 Asset
Allocation for the City's Permanent Fund Investments.
C. UNSCHEDULED PUBLIC COMMENTS
(Public comment limited to three (3) minutes per speaker;
thirty (30) minutes aggregated)
D. PUBLIC HEARINGS
1. ENACTED UNANIMOUSLY. Ordinance No. 3179-2021 - Amending Positions in the
Classified Service in the Public Works and Senior Center Departments as Established by
the Annual Budget.
2. ENACTED UNANIMOUSLY AS AMENDED. Ordinance No. 3180-2021 - Amending Kenai
Municipal Code 3.05.070-Citation Procedure, and Kenai Municipal Code 13.10.015 – Minor
Offense Fine Schedule to Incorporate Various Animal Control Offenses into the Minor
Offense Fine Schedule and Make Other Housekeeping Changes.
3. ENACTED UNANIMOUSLY. Ordinance No. 3181-2021 - Waiving Kenai Municipal Code
21.10.130 - Lease Execution and Approving a Lease Execution Extension to July 27, 2021
to Kenai Aviation Operations, LLC for Lot 9A, Block 5, General Aviation Apron Subdivision
No. 5.
5555
4. ADOPTED UNANIMOUSLY. Resolution No. 2021-05 - Designating the Investment and
Allocation Plan for the City's Permanent Funds and Establishing Appropriate Benchmarks
to Measure Performance For Calendar Year 2021.
5. ADOPTED UNANIMOUSLY. Resolution No. 2021-06 - Authorizing the City Manager to
Enter Into an Amended Bar/Lounge Concession Agreement at the Kenai Municipal Airport
with the Upper Deck Lounge.
6. ADOPTED UNANIMOUSLY. Resolution No. 2021-07 - Adopting the City of Kenai's
Capital Improvement Plan Priority List for State Funding Requests for the Fiscal Year
2022.
E. MINUTES
G. NEW BUSINESS
1. APPROVED BY THE CONSENT AGENDA. *Action/Approval - Bills to be Ratified.
2. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 2/17/2021.
*Ordinance No. 3182-2021 - Increasing Estimated Revenues and Appropriations in the
Airport Special Revenue Fund for the 2021 Airport Sand Screening Project.
3. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 2/17/2021.
*Ordinance No. 3183-2021 - Increasing Estimated Revenues and Appropriations in the
General Fund – Police Department, and Accepting a Grant From the US Department of
Transportation Passed through the State of Alaska Department of Transportation and Public
Facilities for Traffic Enforcement Overtime Expenditures.
4. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 2/17/2021.
*Ordinance No. 3184-2021 - Amending Kenai Municipal Code 23.30.050 – Business Hours
and Hours of Work to Allow for Alternate Work Schedules in the Police Department.
5. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 2/17/2021.
*Ordinance No. 3185-2021 - Increasing Estimated Revenues and Appropriations in the
Airport Special Revenue and Airport Improvements Capital Project Funds and Amending a
Professional Services Agreement for the 2021 Airfield Drainage Rehabilitation Project at
the Kenai Municipal Airport.
6. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 2/17/2021.
*Ordinance No. 3186-2021 - Increasing Estimated Revenues and Appropriations in the
General Land Sale Permanent Fund to Transfer Earnings in Excess of Budgeted Amounts
to the City’s General Fund.
7. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 2/17/2021.
*Ordinance No. 3187-2021 - Increasing Estimated Revenues and Appropriations in the
Airport Land Sale Permanent Fund to Transfer Earnings in Excess of Budgeted Amounts
to the City’s Airport Fund.
8. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 2/17/2021.
*Ordinance No. 3188-2021 - Increasing Estimated Revenues and Appropriations in the
5656
Water and Sewer Special Revenue and Wastewater Treatment Plant Improvements Capital
Project Funds for a Replacement Sludge Press.
9. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 2/17/2021.
*Ordinance No. 3189-2021 - Increasing Estimated Revenues and Appropriations in the
General Fund and the Public Safety Capital Project Fund to Provide Supplemental
Funding to the Fire Department’s Station Alerting Project and Authorizing a Purchase
Order in Excess of $15,000 to Kachemak Electric for Performance of the Work.
10. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 2/17/2021.
*Ordinance No. 3190-2021 - Increasing Estimated Revenues and Appropriations in the
General Fund and Authorizing a Grant Disbursement Program for Small Businesses that
Did Not Previously Apply for Full Assistance from the City in 2020.
11. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 2/17/2021.
*Ordinance No. 3191-2021 - Increasing Estimated Revenues and Appropriations in the
General Fund to Provide Assistance to Kenai Residents Impacted by the COVID-19 Public
Health Emergency with the Purchase of Groceries and Necessary Household Goods in
Kenai and Award a Professional Service Agreement to the Kenai Chamber of Commerce
and Visitors Center for Administration of the Program.
12. Discussion - COVID-19 Response.
F. UNFINISHED BUSINESS
H. COMMISSION / COMMITTEE REPORTS
1. Council on Aging
2. Airport Commission
3. Harbor Commission
4. Parks & Recreation Commission
5. Planning & Zoning Commission
6. Beautification Committee
7. Mini-Grant Steering Committee
I. REPORT OF THE MAYOR
J. ADMINISTRATION REPORTS
1. City Manager
2. City Attorney
3. City Clerk
K. ADDITIONAL PUBLIC COMMENT
5757
1. Citizens Comments (Public comment limited to five (5) minutes per speaker)
2. Council Comments
L. EXECUTIVE SESSION
M. PENDING ITEMS
N. ADJOURNMENT
O. INFORMATION ITEMS
1. Purchase Orders Between $2,500 and $15,000.
2. Alaska LNG ROW Leases
The agenda and supporting documents are posted on the City’s website at www.kenai.city. Copies of
resolutions and ordinances are available at the City Clerk’s Office or outside the Council Chamber prior
to the meeting. For additional information, please contact the City Clerk’s Office at 907-283-8231.
Join Zoom Meeting
https://us02web.zoom.us/j/82761963751 Meeting ID: 827 6196 3751 Passcode: 225113
OR
Dial In: (253) 215-8782 or (301) 715-8592
Meeting ID: 827 6196 3751 Passcode: 225113
5858
City of Kenai I 210 ~i dalgo Ave, Kenai, AK 99611-77941907.283.7535 I www.ke nai .cit y
MEMORANDUM
TO:
THROUGH :
FROM:
DATE:
SUBJECT:
Mayor Brian Gabriel and Kenai City Council
Paul Ostrander, City Manager
Mary Bondurant, Airport Manager
January 8 , 2021
Airport Mid-Month Report January 2021
2018 Terminal Rehabilitation Project-Construction : The project has reached the closeout stage .
The ribbon cutting ceremony has been postponed due to the COVID pandemic.
2019 Alaska Fire Training Facility Rehabilitation & Acquire Aircraft Rescue and Firefighting Trucks
(ARFF) -This project has reached the closeout stage. The two ARFF vehicles are on-order with
OSHKOSH with a delivery date of June 2021 .
2020 Acqui re SRE (Loader) -The loader is at the Anchorage Yukon Equipment Shop going
through the inspection and setup process and all attachments have also arrived in Anchorage.
The Airport should see the new loader around the end of January 2021 .
2020 Sand/SRE Storage Building -This project is in winter shutdown .
2020 Land Acquisition -The project is in the closeout process.
In-house Activities:
Airport Administration -Administration Office is open and available Monday-Friday, Barn to 5pm
for customer service .
A irport Administration and staff are working on the FY22 budget with the operating budget
submission due February 5 , 202 1 to C ity Admin istration ; updates to Ex hibit A Property Map to
the A irport Layout Plan , Lands Database, 5-year Capital Improvement Plan due February 1,
2021 to the FAA, airport rates and fees , terminal landscaping plan, informational signs for the
float plane basin , and reviewing the Airport's efficiencies report.
Airport is advertising for Airport Security Services with a bid due date of February 2 , 2021 .
5959
Month
January
Februarv
March
Aoril
May
June
July
August
Grant
1,929
62 .63%
RAVN
ALASKA
4 ,109
3,988
0
0
0
0
0
0
Seotember 0
Octobe r 5
November 115
December 1, 151
Totals 9,368
GRANT
December
Enplanement Report
December 2020
3,080
Total Change
AVIATION 2020 2019 f rom 2019
2 ,281 6,390 6,785 -395
1,942 5,930 5,957 -27
1,317 1,317 6 ,808 -5.491
359 359 6.441 -6 ,082
702 702 7,198 -6.496
1,367 1,367 7,656 -6 .289
2.445 2 ,445 10,658 -8 ,213
3,063 3 ,063 12 ,925 -9,862
2,806 2 ,806 8,951 -7,045
2,601 2,606 7,594 -4 ,988
2,251 2,366 6 ,998 -4 ,632
1,929 3,080 7,033 -3,953
23,06 3 32.431 95 ,004 -63.473
Terminal -Vehicle Parking Revenues
FY19
FY20
250 00
22500
20000
17500
15000
12500
10000
7500
5000
2500
0
December
$19 ,656 FY20 Tota l $171,739
$9.458 FY21 YTD $42,308 .ai Vehicle Parking Revenues
' ~ ~
l ~ g
• -1-T J-
•FY20
• FY21
Ravn
1, 151
37.37%
6060
www.alaskaasp.com
What is the Alaska
Aviation System Plan?
The Alaska Aviation System Plan (AASP) is a long-
term, strategic planning process that provides detailed
information on the current state of the system, evaluates
aviation issues, analyzes trends, assesses challenges,
and provides tools so that planners, policy makers, and
decision makers can prioritize limited funding. The system
plan feeds aviation specific information to the Alaska
Statewide Long-Range Transportation Plan and meets the
state and federal requirements for system planning .
The first AASP was completed in 1986 and updated in
1996. In 2008, the State of Alaska adopted a continuous
system planning model, and subsequent updates are
referred to as phases; this reflects the ongoing, dynamic
nature of the process.
All aviation system planning processes incorporate several
common steps including inventory, forecasts, classification
of airport roles, defining performance measures, and
prioritizing needs.
Each phase l»uilds on prior phase
work to continually improve
and update tools ancl
information
2008 -2013
• Deve loped m issi on &
eoals
• Pubhc involve ment plan
• Performance measures
• aassiftcations
• I nve ntory
• Fo reca sts
• Buil t w ebsi te platform
• Eco nomic i mp act s
• Speci al stud i es
2013 -2019
• Rl!Vlsed perlonnance
• Upd•ted public
involvement p lan
• Dig itized CIMP proaram
• Automated atrport needs
book
• Websit e e•pansoon
• Expanded d ata
• N ew d ata coonect1 ons
• New re ports
• CI M P Inspections o n iPad
platform
2020 -2025
Onplnt
• Prior phase evaluaaon
• Identify issues
• Update public
1nYO!wment plan
• Implement Adopt ·an ·
Air port
Planned Phase Ill Tlsks
• Update Inventory
• Review performance
measures
• Conduct fleet analysis
• Review runway length
standards
• Special studies
System planning also performs special studies individualized
to address the unique nature of the system. The information
defines the system and prioritizes needs to ensure Alaska has a s
ystem of airports to meet the needs of the people today and in
the future .
Phase Ill kicked off in the fall of 2020 with an updated Public
Involvement Plan , a survey of stakeholder priorities, and a review
and evaluation of prior work products. The process of reviewing
previous reports allows for an assessment of relevance and a
determination of the most effective use of limited funding in the
next phase . The evaluation is supplemented by a survey of all
stakeholders to prioritize issues and confirm the need for new
studies or updates to existing information.
6161
•
•
• •
• •
• • • • •
' •
• . • • • • • • • • • • •
• ..
• •• • • • •
•• • • . . • • • ••
• • '· A.it-•
• • • • •• •
•• • -• • .
•
• ...
•
• • • • -•
The AASP conforms to the standards
set by FAA for Airport System Planning
(AC 150/5070-7) and the FAA Airport
Improvement Program (AIP) Handbook
(FAA Order 5300-380, Change 1).
A system plan documents how the
individual airports fit within the
transportation system and imparts vital
aviation information to inform long-
range state transportation plans, regional
plans, and airport master plans.
A sensible and adaptable statewide
aviation system plan that recognizes
Ala ska's dependence on aviation, unique
operating environment, la ck of basic
infrastructure, fiscal constraints, and
regional diversity is a fundamental part
of statewide planning .
•
,
•
•
•
• • • •
• • • •
• • • • • .. • • •
• •
• • •
• .. •
• • • • • • • • • • • • • • • • • • • • • • • •
• • • • •
•• • • • • • ••• • •• ._. .
·~. • • • ..
• • • •
f • • • • • -• • .,
•
••
·~ • •
•
•
Through public involvement and outreach,
the AASP team seeks to partner with
local sponsors, tribal governments, pilots,
and other stakeholders to provide a plan,
data repository, and tools that increase
productivity.
The AASP relies heavily on input from,
and the participation of, our stakeholders.
The Public Involvement Plan (PIP) outlines
a variety of opportunities for public
participation in the process. Requests for
specific maps, targeted studies, or other
documentation are welcome. Visit the
AASP web site at: www.al askaa sp.com and
click on the contacts tab or contact our
planning team directly.
The map depicts the 256 public
airports in Alaska currently listed in the
FAA National Plan of Integrated Airport
Systems (NPIAS). Additionally, there are
509 other public and private airports
registered with the FAA in the State of
Alaska, for a total of 765 .
An airport is defined by law as any area
of land or water use d or intended for
landing or takeoff of aircraft. Special
types of facilities such as seaplane
bases and heliports are included in the
airport definition .
·-"
e Airport (DOT&PF)
• Airport (Local Sponsor)
-Road System
.....
• • • •
•• -• " • •• • • • • , .. ' •
•
Project Contacts
Bece<i Dougla s, C.M., Pro ject Ma nager
Alaska De pt. ofTra nsportation & Public Fac iliti es
907.269.0728 I rebecca.douglas@a laska .gov
•
Angela Smith, P.E., C.M ., Consultant Project Manager
PDC, A RE SP EC Company
907. 743.3200 I angelasmith@pdceng.com
•
Becky Cronkhit e, C.M., Consu ltant Assista nt Project Manager
PDC, A RESPE C Company
907.420.0462 I rebeccacronkhite@pdceng.com
6262
MEMORANDUM
To : Covered Airport Operators
Date: January 31 , 2021
Subject: Security Directive 1542-21-01
U .S . Department of Home land Security
Transportation Security Admi nistration
6595 Springfi eld Center Drive
Springfield, Virginia 20598
Transportation
Security
Administration
Attached to this memorandum is Security Directive (SD) 1542-21-01: Security Measures -Face
Mask Requirements. This SD is issued to implement the January 21, 2021, Executive Order on
promoting measures to prevent the spread of coronavirus disease 2019 (COVID-19) by travelers
within the United States and those who enter the country from abroad. This SD also supports
enforcement of the Centers for Disease Control and Prevention (CDC) Order mandating masks
issued on January 29, 2021.
All queries concerning the attached SD must be directed to your assigned TSA Federal Security
Director.
Senior Official Performing the Duties of the TSA Administrator
Attachment:
Security Directive 1542-21-01
6363
Transportation
Security
Administration
SECURITY DIRECTIVE
NUMBER SD 1542-21-01
U.S . Department of Homeland Security
Transportation Security Administration
6595 Springfield Center Drive
Springfield, Virginia 20598
SUBJECT Security Measures -Mask Requirements
EFFECTIVE DA TE 11 :59 pm EST on February 1, 2021
EXPIRATION DATE May 11, 2021
CANCELS AND SUPERSEDES Not Applicable
APPLICABILITY Airp011 operators regulated under 49 CFR 1542.103 and
airlines that have exclusive area agreements under 49 CFR
1542 .111
AUTHORITY 49 U.S.C. 114 and 44903; 49 CFR 1542.303
LOCA TTON Airp01is within the United States
PURPOSE AND GENERAL INFORMATION
Due to the ongoing COVID-19 pandemic and to reduce the spread of the vims, the President
issued an Executive Order, Promoting COVID-19 Safety in Domestic and International Travel,
on January 21 , 2021, requiring masks to be worn in airpo1is, on commercial aircraft, and in
various modes of surface transpo11ation. On January 27, 2021, the Acting Secretary of
Homeland Security determined a national emergency existed requiring the Transpo1iation
Security Admin istration (TSA) to issue this Security Directive (SD) to implement the Executive
Order and enforce the related Order 1 issued by the Centers for Di sease Control and Prevention
(CDC), pursuant to the authority of 49 U.S.C. sections 114 and 44903. Consistent with these
mandates and TSA's authority, TSA is issuing this SD requiring masks to be worn to m itigate
the spread of COVID-19 during air travel. TSA developed these requirements in consultation
with the Federal Aviation Administration and CDC .
1 See Order Under Section 361 of the Public Health Service Act (42 U .S.C. 264) and 42 Code of Federal Regu lations
(CFR) §§ 70 .2 , 71.3 l (8), 71.32(8); Requirement for Pers ons to Wear Masks While on Conveyances and at
Transportation Hubs (January 29, 2021)
Page I o f 4 6464
Security Directive SD 1542-2 1-0 I
DEFINITIONS
For the purposes of this SD , the following definitions apply:
Conveyance has the same definition as under 42 CFR 70.1 , meaning "an aircraft, train, road
vehicle, vessel ... or other means of transpo1t, including military."
Mask means a material covering the nose and mouth of the wearer, excluding face shields.2
ACTIONS REQUIRED
Except at locations under the control of an aircraft operator, foreign air carrier, or a federal
government agency or their contractors, the airport operator must apply the following measures :
A. The airport operator must make best effmts to provide individuals with prominent and
adequate notice of the mask requirements to facilitate awareness and compliance.3 This
notice must also inform individuals of the following :
I . Federal law requires wearing a mask at all times in and on the airpo1t and fai lme to
comply may result in removal and denial of re-entry.
2. Refusing to wear a mask in or on the airp01t is a violation of federal law; individuals may
be subject to penalties under federal law.
B. The airpo1t operator must require that individuals in or on the airpo1t wear a mask, except as
described in Sections D., E., and F.
I. If individuals are not wearing masks, ask them to put a mask on.
2. If individuals refuse to wear a mask in or on the airpo1t, esco1t them from the airport.
C. The ai1po1t operator must ensure direct employees, autho rized representatives, tenants, and
vendors wear a mask at all times in or on the airp01t , except as described in Sections D ., E.,
andF.
D. The requirement to wear a mask does not apply under the following circumstances:
1. When necessary to temporarily remove the mask for identity verification pmposes.
2 A properly worn ma sk comp lete ly covers the nose and mouth of the wearer. A mask shou ld be secu red to the head ,
incl uding with ti es or ear loops. A mask sho uld fit snugly but comfortably against the side of the face. Mask s do not
incl ude fac e shields. Ma sks can be e ith er manufactured or homemade and s ho uld be a so lid piece of material without
s lits, exhalation va lves, or puncture s. Medical masks and N-95 re spirators fulfill the requirements of thi s SD. CDC
g uidance for attributes of acceptable masks in th e context of thi s SD is available at
https ://www.cdc .gov/guarantine/masks/mask -travel -guidance .html .
3 Notice may includ e, if feasib le, advance notifi ca tion s on di gi tal platforms, such as on apps, websites, or ema il; posted
signage in multipl e languages with ill ustrations; or other methods as appropriate.
Page 2 of4 6565
Security Directive SD 1542-21-01
2. While eating, drinking, or taking oral medications for brief periods.4 Prolonged periods
of mask removal are not permitted for eating or drinking; the mask must be worn
between bites and sips.
3. While communicating with a person who is deaf or hard of hearing, when the ability to
see the mouth is essential for communication.
4 . If unconscious (for reasons other than s leeping), incapacitated, unable to be awakened, or
otherwise unable to remove the mask without assistance. 5
E. The following conveyances are exempted from this SD:
1. Persons in private conveyances operated solely for personal, non-commercial use.
2. A driver, when operating a commercial motor vehicle as this te1m is defined in 49 CFR
390.5, if the driver is the sole occupant of t he vehicle.
F. This SD exempts the following categories of persons from wearing masks:6
l. Children under the age of 2.
2. People with disabilities who cannot wear a mask, or cannot safely wear a mask, because of
the disability as defined by the Americans with Disabilities Act (42 U.S.C. 12101 et seq.).7
3. People for whom wearing a mask would create a risk to workplace health, safety, or job
duty as determined by the relevant workplace safety guidelines or federal regulations.
4 The CDC has stated that brief periods of close contact without a mask should not exceed 15 minutes. See
https://www.cdc.gov/coronavi rus/20 19-ncov/php/public-hea It h -recommendations .html
s Persons who are experiencing difficulty breathing or shortness of breath or are fee ling winded may remove the ma s k
temporarily until ab le to resume normal breathing wi th the mask. Persons who are vomiting should remove the mask
until vomiting ceases. Persons with acute illness may remove the mask if it interferes with necessary medical care
suc h as supplemental oxygen administered v ia an oxygen mask.
6 Airport operators may impose requirements, or conditions of carriage, on persons requesting an exemption from the
requirement to wear a mask, including medical consultation by a third party, medical documentation by a licensed
medical provider, and/or other information as determined by the a irport operator, as well as require evidence that the
person does not have COVID-19 s uch as a negative res ult from a SAR-CoV-2 viral test or documentation ofrecovery
from COVID-19. CDC definitions for SAR-Co V-2 viral test and documentation of recovery are available in
Frequently Asked Questions at: https://www.cdc .gov/coronavirus/2 019-ncov/travelers/testing-intemational-a ir-
trave lers.html. Airpo11 operators may also impose additional protective measures that improve the ab ility of a person
eligible for exemption to maintain social distance (separation from ot h ers by 6 feet), such as scheduling h·avel at le ss
crowded times or on less crowded conveyances, or seating or otherwise situating the individual in a less crowded
section of the conveyance or airpo11. Airport operators may further require that persons seeking exemption from the
requirement to wear a ma sk request an accommodation in advance.
7 This is a narrow exception that includes a person with a disability who cannot wear a mask fo r reasons related to the
disabi lity; who , e.g., do not understand how to remove their mask due to cognitive impairment, cannot remove a ma sk
on their own due to dexterity/mobility impairments, or cannot communicate promptly to ask so meone else to remove
their ma sk due to speech impairments or language disorders, or cannot wear a mask because doing so would impede
the function ofassistive devises/technology. It is not meant to cover persons for whom mask-wearing may only be
difficult. CDC intends to iss ue further g uidance regarding this exception.
Page 3 of4 6666
Security Directive SD 1542-21-01
G. If an individual refuses to comply with mask requirements , follow incident repmting
procedures in accordance with the Airpo1t Security Program and provide the following
information, if avai lable:
1. Date and airpmt code;
2. Individual's full name and contact info1mation;
3. Name and contact information for any direct airpo1t employees or authorized
representatives involved in the incident; and
4. The circumstances related to the refusal to comply.
PREEMPTION
The requirements in this SD do not preempt any State, local, Tribal, or teITitorial rule, regulation,
order, or standard necessary to eliminate or reduce a local safety hazard, which includes public
health measures that are the same or more protective of public health than those required in this
SD, if that provision is not incompatible with this SD.
ACKNOWLEDGMENT OF RECEIPT
The airport operator must immediately provide written confirmation of receipt of this SD to the
Federal Security Director (FSD).
DISSEMINATION REQUIRED
The airpmt operator must immediately pass the information and measures set faith in this SD to
any personnel having responsibilities in implementing the provisions of this directive. The
airpo1t operator may share this SD with anyone subject to the provisions of this directive to
include but not limited to: federal, state, and local government personnel; direct airport
employees or authorized representatives; vendors; tenants; exclusive area agreement holders;
contractors; transpo1t personnel; taxi drivers; law enforcement; etc.
APPROVAL OF ALTERNATIVE MEASURES
The operator must immediately notify the FSD whenever any action required by this SD or a
TSA-approved alternative measure cannot be carried out. In accordance with 49 CFR
I 542.303(d), the airpo1t operator may submit proposed alternative measures and the basis for
s ubmitting those measures in writing to the Assistant Administrator for Policy, Plans, and
Engagement through the FS ::::.D..:-. __ __
Darby aJo
Senior Official Performing the Duties of
Pa ge 4 of 4 6767
FAQ for Post Security Directive (SD) /Emergency Amendment (EA) Mask Implementation
Version I -February 3, 2021
Question: What is the process.for filing an Alternate Measure?
Answer: The Security Directives (SD) 15422 1-02 contain a section that all ows a n a irp ort
operator t o make a request of the Federa l Security Director (FSD) for a lt ernative measur es t o
comply with the security requirements contai n e d in a n SD. The airport operator mu s t propose
a lternative measures to those in th e SD that meet or exceed the requirements o utlined th e rein. An
A lt ernati ve Measure is not meant t o be a means of re lieving an airport operator of a sec urity
measure or reducing the sco pe of a measur e .
If an FSD full y supports th e Alternative Measure s ubmitted by the airport and the included
proposed alternatives meet or exceed the require me nts in th e SD, then the FSD may rec o mme nd
the measu re to the Assistant Administrator of Policy, Plans and Engagement for cons iderati o n.
SD Sectio n:
A PPROVAL OF ALTERNATIVE MEASURES
The operator must immediately notify th e FSD whenever any action req uired by thi s SD or a
TSA-approved a lternative meas ure cannot be carried out. In accordance with 49 CFR
J 542.303(d), the a irport operator may s ubmit proposed a ltern ative measures and the bas is for
submittin g those measures in writing to the Assist ant Administrator for P o li cy, Plan s, and
Engagement through the FS D.
Question: Does the SD apply to Military/Government Charters that operate out of non-
a irport location, such as a military base, or Fixed Base Operation?
Answer: Military/Government C ha rter F li g ht a re not reg ulated under 49 CFR part 1544.
Question: What is meant by "escort them from the airport"?
Answer: SD 1542-21-0 l B.2 Should a n indi vidua l refu se to wear a mask at the airport after be ing
ask ed to do so, th ey must be escorted fro m th e a irp o rt. Comp li ance with thi s Security Directive
w ill be achiev ed by escort in g the indi v idu a l who refuses to wear a mask to the are a c los est to the
affected termina l that is not covered by th e a irp o rt 's security program. At airport locati ons
whe re suc h a n escort is impra cti cable , compli a nce m ay be achieved by escortin g the indi v idu a l
who re fuse s to wear the mask to the o utdoor a rea that is closest to the affected airport te rmin a l.
A irports may s ubmit a lternate compli a nce procedures to TSA for cons idera ti o n .
1
6868
Question:
Can you confirm that in offices and other spaces located in non-public locations in the airport
where employees, authorized representative or contractors are alone, a mask is not necessary
and will not be enforced?
Does this mask mandate apply to areas of an airport that are not accessible by the general
public? (I.E. conference rooms, cargo areas, fire department, etc.)
As it would relate to our private hangar and offices that are not accessible to the public, and
not related to passenger or cargo transportation. Do you have any guidance for us on the
applicability of the SD in our own, non-public hangar?
Can you expand upon the scope of "in or on the airport"? Does this include the parking
garage, gas station, grocery store, general aviation facilities, etc.? (There are a number of
entities on airport property that do not pertain to aviation).
Answer: Yes, a mask is required to be worn while on airport property, unless the indi vidual
meets one of the exemptions described in t he SD or EA . TSA has determined that all guidance
provided includes the mandate of wearing a mask at the airport and offices are not express ly
excluded.
Question: Arc crewmembers on the flight deck required to wear a mask?
Answer: SD 1544-21-01 allows for exempti ons for a ir craft operators in Section F.3 . Section F.3
identifies an exemption for people for whom wearing a mask would create a risk to workplace
health, safety, or job duty as determined by the relevant workplace safety guidelines or federal
regulations.
Question: Can an aircraft operator compile the incident reports, collect the requested data,
and crew reports, and then notify TSOC at a later time?
Answer: SD 1544-21-01 requires regulated entities to follow incident reporting procedures in
accordance with its TSA-approved standard security program.
Question: Enforcement continues to be a concern -not the basic mask wearing but rather
the putting your mask on between food bites while eating language. They are concerned
with having to enforce this.
Answer: The requirement to wear a mask does not apply while an individual is actively
consuming a meal. Aircraft and Airport Operators must use their own judgment on a case-by-
case basis.
2
6969
JC Sponsored by: Administration
Ki;NAI
CITY OF KENAI
ORDINANCE NO. 3181-2021
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, WAIVING KENAI
MUNICIPAL CODE 21.10.130-LEASE EXECUTION AND APPROVING A LEASE EXECUTION
EXTENSION TO JULY 27 , 2021 TO KENAI AVIATION OPERATIONS, LLC FOR LOT 9A,
BLOCK 5, GENERAL AVIATION APRON SUBDIVISION NO. 5.
WHEREAS, the Kena i City Council approved of a 45-year lease application from Kenai Aviation
Operations, LLC for Lot 9A, Block 5, General Aviation Apron Subdivision No. 5 to be used as a
hangar with office space; and,
WHEREAS , a 60-day extension allowed by Kenai Municipal Code 21.10.130 was granted by the
City Manager with good cause of the COVID-19 public health emergency for the execution of a
lease agreement; and ,
WHEREAS, Kenai Aviation Operations, LLC has provided a letter to the City requesting a lease
execution extension greater than the 60 days allowed by Kenai Municipal Code 21 .10.130 due to
the unforeseen circumstances of the COVID-19 public health emergency and its impact on their
business plans; and,
WHEREAS, the granting of a lease execution extension to Kenai Aviation Operations, LLC needs
to be retroactive from January 27 , 2021 to July 27, 2021; and ,
WHEREAS, the project will enhance public safety and quality of life while providing economic
development on property leased from the City within the Kenai Municipal Airport Reserve.
NOW, THEREFORE , BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA,
as follows :
Section 1. That KMC 21 .10.130 is hereby waived due to the COVID-19 public health
emergency for the exclusive purpose of granting a lease execution extension to Kenai Aviation
Operations, LLC retroactively from January 27, 2021 to July 27, 2021 , for Lot 9A, Block 5 , General
Aviation Apron Subdivision No. 5.
Section 2. Severabilitv: That if any part or provision of this ordinance or application thereof to
any person or circumstances is adjudged invalid by any court of competent jurisdiction, such
judgment shall be confined in its operation to the part, provision , or application directly involved
in all controversy in which this judgment shall have been rendered , and shall not affect or impair
the validity of the remainder of this title or application thereof to other persons or circumstances.
The City Council hereby declares that it would have enacted the remainder of this ordinance even
without such part , provision , or application.
7070
Ordinance No. 3181 -2021
Page 2 of 2
Section 3. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect
30 days after enactment.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rd day of February, 2021.
Jamie Heinz, CMC , City Clerk
BRIAN GABRIEL SR., MAYOR
Introduced: January 20 , 2021
Enacted: February 3 , 2021
Effective: March 5, 2021
New Text Underlined; [DELET ED TEXT BRACKETED]
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City of Kenai I 2 10 l=id algo Ave . Kenai. A K 99611 -77941907.28 3 .7535 I www.kenai.ci!y
MEMORANDUM
TO:
THROUGH:
FROM:
DATE:
SUBJECT:
Mayor Brian Gabriel and Kenai City Council
Paul Ostrander, City Manager
Ryan Foster, Planning Director
January 12, 2021
Ordinance No. 318 1-2021 • Lease Execution Extension to Kenai
Aviation Operations, LLC for Lot 9A, Block 5, General Aviation Apron
Subdivision No. 5.
City Council approved a 45-year lease application from Kenai Aviation Operations, LLC on
September 16, 2020 for Lot 9A, Block 5, General Aviation Apron Subdivision No . 5 at 155 North
Willow Street to be used as a hangar with office space. Kenai Municipal Code 21 .10.130 requires
a lease be executed within 60 days of the applicant being mailed a lease fonn for signature. If the
applicant shows good cause, the City Manager may grant an extension not exceeding 60 days
for the applicant to execute and return a signed lease. The City Manager found good cause due
to the COVID-19 public health emergency to grant a 60-day extension to the execution of the
lease for Lot 9A. This extended the deadline for the execution and signature of the lease to
January 27, 2021 .
Kenai Aviation Operations has requested a greater extension for signing the lease than the 60
days allowed by Kenai Municipal Code due to the unforeseen circumstances created by the
COVID-19 public health emergency. If City Council approves , Ordinance 3181-2021 would extend
the date for Kenai Aviation Operations, LLC to execute the lease and sign the lease agreement
with the City retroactively from January 27, 2021 to July 27, 2021 .
Thank you for your consideration .
Attachment:
Emai l dated January 11 , 2021 from Kenai Aviation Operations, LLC requesting a lease
execution extension .
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From:
To:
Subject:
Date:
Jarob (aldwell
Ryan Foster
Extension for Kenai Aviation Operations Lease Execution
Monday, January 11 , 2021 3: 18:50 PM
CAUTION : This email originated from outside your organization. Exercise caution when opening attachments or
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To whom it may concern,
We are writing to request an additional extension on our lease application. As we have all experienced, the ability to
secure financing for big projects this year has been very difficult due to the uncertainty related to covid 19. Our
investors, like many others have chosen to wait to make big commitments for a few more months. So, although we
intend to build on the lot, our timeline for financing is indefinite for the near future . We are requesting the longest
extension that you feel comfortable gi ving us. Our hope would be for an answer from our in vestors before the
extension period is up.
Thank you for your consideration,
Joel Caldwell
Owner
Kenai A via ti on Operations
907-252-4878
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