Loading...
HomeMy WebLinkAbout2021-04-08 Airport Commission Packet KENAI AIRPORT COMMISSION REGULAR MEETING APRIL 8 , 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) a. Jacob Caldwell, Kenai Aviation – Update on Airport Activities 3. UNSCHEDULED PUBLIC COMMENT (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) 4. APPROVAL OF MEETING SUMMARY a. March 11, 2021 ................................................................................................... Pg. 3 5. UNFINISHED BUSINESS a. Discussion – Final Project Status – Information Sign at Float Plane Basin…….Pg. 6 b. Discussion – Final Conference Room Use Agreement…………………………...Pg. 9 c. Discussion – FY22 Airport Budget Narratives (drafts)…………………………...Pg. 15 6. NEW BUSINESS a. Discussion/Recommendation – Special Use Permit to DNR/Forestry for Aircraft Loading and Off-Loading ……………………………………………………………..Pg. 30 b. Discussion/Recommendation – Special Use Permit to Pacific Star Seafoods Inc. for Aircraft Loading and Off-Loading…………………………………………………....Pg. 42 c. Discussion/Recommendation – Special Use Permit to Everts Air Fuel for Aircraft Parking………………………………………………………………………………….Pg. 54 d. Discussion/Recommendation – Special Use Permit to UPSCO United Parcel Service Co., Inc. for Aircraft Loading and Parking…………………………………Pg. 65 e. Discussion/Recommendation – Special Use Permit to Empire Airlines, Inc. for Aircraft Parking…………………………………………………………………………Pg. 76 f. Discussion/Recommendation – First Amendment to Janitorial Agreement to Reborn Again Janitorial…………………………………………………………………………Pg. 87 g. Discussion – Updated Airport Land Brochure……………………………………..Pg. 90 1 7. REPORTS a. Airport Manager b. City Council Liaison………………………………………………………………..….Pg. 97 8. NEXT MEETING ATTENDANCE NOTIFICATION – May 13, 2021 9. COMMISSIONER COMMENTS AND QUESTIONS 10. ADDITIONAL PUBLIC COMMENT 11. INFORMATION ITEMS a. March 2021 Mid-Month Report……………………………………………………..Pg. 101 b. Resolution No. 2021-22 Resolution Authorizing Budget Transfer and Award...Pg. 102 c. Ordinance No. 3201-2021 Appropriating Funds to Purchase Snow Removal Equipment…………………………………………………………………………….Pg. 104 d. February 2021 Enplanements………………………………………………………Pg. 107 e. Resolution No. 2021-21 Approving Development Incentives for a Lease……..Pg. 108 f. Important Information About Your Role in Preventing Human Trafficking. – Kristi Warden email of March 5, 2021……………………………………………………Pg. 112 12. ADJOURNMENT Join Zoom Meeting https://us02web.zoom.us/j/82081323107 Meeting ID: 820 8132 3107 Password: 703126 OR Call: (253) 215-8782 or (301) 715-8592 Meeting ID: 820 8132 3107 Password: 703126 **PLEASE CONTACT US IF YOU WILL NOT BE ABLE TO ATTEND THE MEETING** MEGHAN -- 283-8231 OR, MARY -- 283-8281 KENAI AIRPORT COMMISSION REGULAR MEETING MARCH 11, 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, P. Minelga, J. Zirul, D. Pitts J. Bielefeld Staff/Council Liaison Present: Airport Manager M. Bondurant, Administrative Assistant E. Brincefield, Council Liaison H. Knackstedt A quorum was present. c. Agenda Approval Chair Feeken noted the following revisions to the agenda and packet: Add to item 11. Informational Items • Special Use Permit to Alaska Air Fuel • Resolution No. 2021-15 • Resolution No. 2021-16 MOTION: Commissioner Pitts MOVED to approve the agenda with the requested additions and Commissioner Zirul SECONDED the motion. There were no objections; SO ORDERED. 2. SCHEDULED PUBLIC COMMENT a. Joe Caldwell, Kenai Aviation – Update on Airport Activities Joel Caldwell did not attend the meeting to speak to the commission. 3. UNSCHEDULED PUBLIC COMMENT – None. 3 ____________________________________________________________________________________ Airport Commission Meeting Page 2 of 3 March 11, 2021 4. APPROVAL OF MEETING SUMMARY a. February 11, 2021 MOTION: Commissioner Lichleiter MOVED to approve the meeting summary of January 14, 2021 and Vice Chair Dodge SECONDED the motion. There were no objections; SO ORDERED. 5. UNFINISHED BUSINESS a. Discussion – Informational Sign at Float Plane Basin Airport Manager Bondurant discussed the design stage of the sign to be displayed at the float plane basin, looking for comments from the commission. Inclusion of a QR code was discussed, and concern was raised about who would maintain the business list. Commissioners recommended charging a small fee to advertise. It was noted that the Kenai Airport is the gateway to the Kenai Peninsula, and commissioners feel this is a great way to advertise business on the Peninsula. It was suggested that the sign be displayed at the terminal transient area as well as the float plane basin. Airport Staff will reach out to Alaska Channel about running this advertising program. Commission generally approved of the aerial pictures, but it was noted that having specific attractions listed on a map with pictures might be too busy and the inclusion of a QR code would direct users to those specific places/pictures. More information will be brought to April commission meeting. 6. NEW BUSINESS a. Discussion/Recommendation – FY22 Budget Airport Manager Bondurant reported the Airport Budget was approved with no required changes. Noted she had received direction from City administration to keep budgets the same or less as FY21, and the Airport was able to reduce costs in a couple areas of FY22 Budget. Bondurant commented that utilities have increased substantially city-wide. Two special projects were highlighted in FY22 budget: security camera project and terminal landscaping project. 7. REPORTS a. Airport Manager – Bondurant reported on the following: • 2 new ARFF trucks are scheduled for delivery in July; • Sand storage building should begin again in April; • 2020 land acquisition project is in closeout process, but 14 pages of ALP updates are being submitted; 4 ____________________________________________________________________________________ Airport Commission Meeting Page 3 of 3 March 11, 2021 • Airport lost a multipurpose slow-blower this winter season, is minimum 40-45 weeks out to fix. The engine has been replaced 3 times. Approval from FAA to submit application for new multipurpose machine. Ready to submit grand application on May 3; • Recently updated AEP and is being distributed to all participants; • Received 2 more grands for COVID-19 relief money; • Currently updating land brochure. b. City Council Liaison – Council Member Knackstedt reported on the actions of the February 17, 2021, and March 3, 2021 Council Meetings. 8. NEXT MEETING ATTENDANCE NOTIFICATION – April 8, 2021 9. COMMISSIONER COMMENTS AND QUESTIONS Commissioner Zirul recently traveled to Mexico and commented on his experience with mask mandates. Commissioner Lichleiter thanked Airport operations staff for all their hard work with snow removal. Commissioner Pitts noted he is happy to see the Airport is working toward further development of the float plane basin. 10. ADDITIONAL PUBLIC COMMENT – None. 11. INFORMATION ITEMS a. February 2021 Mid-Month Report b. January 2021 Enplanements 12. ADJOURNMENT MOTION: Commissioner Lichleiter MOVED to adjourn the meeting and Commissioner Zirul SECONDED the motion. There were no objections; SO ORDERED. There being no further business before the Commission, the meeting was adjourned at 6:53 p.m. Meeting summary prepared and submitted by: ________________________ Meghan Thibodeau Deputy City Clerk 5 Municipal Airport MEMO 305 N. WU.OW ST. SURE 200 KENAI, ALASKA 99611 TELEPHONE 907~7951 FAX 907.zn.:sr.rT To: Airport Commission Through: Mary Bondurant -Airport Manager From: Erica Brincefield -Assistant to Airport Manager Date: April 1,2021 Subject: Informational/Directional Signs at Float Plane Basin At the March meeting an initial draft of the informational sign was presented. Airport administration made changes based on commissioner recommendations. Attached is a draft sign with the generated QR code, directing users to Yelp. Additional changes are being made to the sign and will be provided as a laydown at the April 8 , 2021 Airport Commission meeting. Attachments 6 Front Back Drawing Date: 3/31/2021 Accepted as Drawn. _____________________ Date _J__J __ Accepted With Changes __________________ _ Kenai Neon Sign Company 50 550 Kenai Spur Highway Kenai. Alaska 996 11 Phone/fax 907-776-8503 kns@alaskasignsourc e .com http://www.ala skasign so urc e .com PROPRIETARY INFORMATI ON This oocument contains P<OPliel<Jly inl0<rnatlon ond Is lnterded <rif t0< the use of Kenai Neon Sign Company ood 1ha clenr noted ot:>ove. H the ieoder Is not rhe lnt900ed cllenr . you ore notified thOf you have f&eefved 'his message In error and that any review, o isseminotion disllibution "' copying o t lt1ls nloimatlon Is shlctly P<ohibit e<:I. ~you hove 1eccfved this information n en or. pteose notity Kenai Neon Sign Company at 907. 776·8503 mmeo1ote1y1 7 • • •• • • • • • • •• 8 Municipal Airport: MEMO 305 N. WIU.OW ST. SUITE 200 KENAI, ALASKA 99611 TB.EPHONE 907..283-7951 FAX 907-283-3737 To: Airport Commission From: Mary Bondurant -Airport Mana Date: April 1, 2021 Subject : Final -Conference Room Use Request/Agreement Attached is the final Conference Room Use Request/Agreement updated based on comments received from City Administration and Airport Comm i ssion . The fees will be incorporated in the City 's fee schedule . Please call me if you have any questions . Attachment 9 IVlunlclpal Airport 305 N. Willow St., Suite 200 Kenai, Alaska 99611 (907) 283-8281 Conference Room Use Request/Agreement User's Contact Information Name: -----------------~ Primary Contact: _____ _ Company/Organization:---------------------------- Address: --------------------------------- Phone: _______ ~ Fax: Email: -------- 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 wi ll be served and/or food catering or delivery service us ed at the event , see Pa ra graph 8 of Meeting Room Use Agreement: Standard Terms and Conditions . Date of Event Setup Time: Take Down Time : Total Hours Anticipated Oa.m. O a.m. Number of Op.m. Op.m. Attendees Event Start Time: Event End Time: Oa.m. O a.m. (Maximum 26 People) O p .m . O p .m . Use Fee -Conference Room is Available 7:00am-10 :00pm Conference Room I I $50.00 -2 hours D $100.00 -4 hours D $200 .00 -8 hours I I $300.00 -Anythinq over 8 hours to 1 Opm Cleaning Fee (If room is not cleaned): D $100 .00 Sales Tax -6% D TOT AL USE FEE: $ 10 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 supervision of the Conference Room during the use period stated in this Agreement. Signature of User's Au t horized Representative Signature of Airport Manager or Designated Representative 0 Airport Approved 2 Date Date 0 Airport Denied 11 CONFERENCE ROOM USE AGREEMENT: STANDARD TERMS AND CONDITIONS 1. Conference Rooms: Descriptions and Availability 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. The 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 RequesUAgreement form . 4. Cleaning Fee User is required to remove its own trash , wipe down all surfaces (countertops, desk, chairs, sink) 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 3 KENAI MU NICIPAL AIRPORT CONFERENCE ROOM USE AGREEMENT: STANDARD TERMS AND CONDITIONS 12 sufficient time for pre and post event set-up and take-down, cleanup , and the removal of User-provided 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/Lounge Concessionaire inside the terminal building . All alcoholic beverages will be served and consumed in the conference room only . No alcoholic beverages will be allowed outside of the conference room area. 9. Access to Rented Space The Airport 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 Use r 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 emp lo yees, agents , catere rs , licensees and guests, saving only c laims for loss or injury caused by Airports ' 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 , li censees 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 ex piration of the occupancy period contra cted 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 eve nt User fails or refuses to surrender possession of the premises at the time herein agreed , User may be regarded as a trespasser and Airport may seek appropriate legal measures, including criminal prosecution . 15. Property Brought to Premises All personal property brought to the premises by the User shall be the sole responsibility of the User, and the Airport 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 US E AGREEMENT: STA NDAR D TERMS AND CONDI TIO NS 13 occupancy contracted for, User fails to remove User's personal property from the prem ises , 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 equ ipment 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 th ird party by Use r by any other means, w ithout prior written consent of the Airport, wh ich consent may be withheld in the Airport 's sole discret ion . 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 KENAI MUNICIPAL AIRPORT CONFERENCE ROOM use AGREEMENT : STANDARD TERM S AND CONDITION S 14 Municipal Airport Memo To: From: Date: Subject: 305 N. WIU.OW ST. SUITE 200 KENAI, ALASKA 99611 TB.EPHONE 907~7951 FAX 907-283-3737 Airport Commission Mary Bondurant -Airport Mana April 1, 2021 FY22 Draft Airport Budget Narratives Attached are the draft FY22 budget narratives for the Airport funds ; Terminal, Airfield , Administration, Other Buildings & Areas , and the Alaska Fire Training Facility. Some changes were made to the narratives based on my budget discussion with City Administration . These are still not final but wanted to present them to Commission for review and comment. Please contact me if you have any questions. Attachment www.KenaiAirport.com 15 Mission City of Kenai Fiscal Year 2022 Operating Budget Fund 008 -Airport Fund Department: 63 -Airport Administration The primary m ission of Kenai Municipal Airport is to be the commercial air transportation gateway to the Kenai Pen insu la Borough and West Cook Inlet. Functions & Responsibilities The Airport Manager works under the direction of the City Manager and is responsible for Federal Aviation Administration compliance , grant eligibility , airport deve lopment, general management and operation of the Kenai Municipal Airport. Legal , Finance, Planning , Public Works, Police and Fire support is provided by the Airport Fund and is paid for using the City's Central Administration charge . Airport capital improvement projects (ACIP) are primarily funded through airport entitlement monies and discretionary funds received from the Federal Aviation Administration. Funding for these projects is not a part of the annual budget process and is accounted for separately in capital projects funds . The Airport accepted from the Federal Aviation Administration CARES Act Funds in August 2020 for $1 ,622 , 758 and in March 2021 $1 ,303 ,238 under the Coronavirus Response and Relief Supplemental Appropriation Act , 2021. These funds can be used for operation costs and concessionaire relief. Organizational Chart Staffing Position Title Airport Manager Administrative Assistant II FY18 Actual Qty Grade 1 20 .67 9 City Manager Airport Manage r Airport Operations Supervisor Airport Operations Specialist (2) Administ rative Assistant II Airport Seasonal Equipment Operator (2) FY19 Actual FY20 Actual Budgeted FY21 Qty Grade Qty Grade Qty Grade 1 20 1 20 1 20 .67 9 .67 9 .67 9 Requested FY22 Projected FY23 Qty Grade Qty Grade 1 20 1 20 .67 9 .67 9 Average Overtime Per Position (hours) Position Title Airport Manager Admi nistrative Assistant II FY18 Actual FY19 A ctual NIA NIA 13 11 FY20 Ac tual Budgeted FY21 Requeste<! FY22_ Projected FY23 NIA NIA NIA NIA 2 14 19 19 16 Performance Measures FY 2017 2018 2019 2020 2021 (ytd) - Enplanements 95,202 91,598 92,242 70,224 22,867 Cost Revenue per Enplaned $8.94 $8.08 $9.10 $10.90 $ tbd* -- Passenger $5.84 $6.38 $5.52 $5.72 $6.32 Airline Rents & $191 ,557 $ 198,558 $ 240 ,000 $ 210 ,746* $ 70,020** Leases Airline Landing $ 356 ,132 $ 389,230 $ 285,000 $ 191,030* $ 33,418** Fees FAA Grant $1 ,509,155 $ 10 ,619 ,995 $ 5,771 ,020 $ 3,869,258 $1 ,303,238 Offers (FY21) KPD On-time Response for security 100% 100% 100% 100% 100% incidents (20 minutes) *Reflects 5-month loss of revenue due to RA VN ceasing operations April 5, 2020 **Reflects 5-month loss of revenue due to RAVN bankruptcy and COVID-19 pandemic FY21 Department Goals Evaluation T he followi n g goals support C ity of Kenai Comprehensive Plan Goal 2 -Econ o m ic Development to s u pport the fisca l hea lt h of Kenai , Goal 4 -P ub lic improvements and services : Provide adequate publi c improvements an d services in Ken ai, and Goal 5 -Tra ns portatio n : Provide transportation systems that are efficient and adequate to serve t h e regional needs of the community: 1. Market for a 121 Operator due to RAVN terminating operations April 5, 2020 • Efforts were made to locate a 121-air carrier operator but due to the COVID-19 travel restrictions, slump in travelers, and the RA VN bankruptcy, aviation in the State of Alaska was at a crisis level. Float Shuttle purchased RA VN Alaska and started air carrier service back into Kena i the end of November 2020. Resolution No . 2020-78. 2. Achieve successful negotiatio n of a five -year airlin e operat ing agreement by J un e 30. • City Administration successfully negoti ated a Fourth Amendment to the Airline Operating Agreement which extended the agreement for 5-years July 1, 2020 through June 30, 2025. Resol ution No. 2020-35. 3. Achieve a five-year in -term inal lease for ca r renta l agen cies. • Car rental concession expires Jun e 30, 2021 . City Administration will bid in the Spring 2021 to be effective July 1, 2021. 4. Achieve a five-year bar /lounge lease. 17 • Bar/lounge concession agreement expired June 30, 2020; Resolution No. 2021- 06 allows for the concession agreement to be on a month-to-month until such time the City determines the COVID-19 pandemic is behind us. FY22 Department Goals 1. Maintain a competitive cost per enplaned passenger • Monitor operation and maintenance cost controls and a irline lease provisions 2. Continue to incorporate measures to mitigate the effects of COVID-19 3. Market for an aviation or aviation-related business that would lead to a significant expansion on the Kenai Airport. 4. Improve the revenue to cost per enplaned passenger. Future Considerations Closely and carefully balance and consider the present and long-term effects of the COVID-19 pandemic with (1) all airport users and tenants' (2) co-ordination with the FAA , (2) co-ordination with Federal , State , and local agencies , (3) Federal grant assurances ; (4) impacts on aeronautical use and airport infrastructu re ; (5) safe and efficient functioning of air traffic; etc. 18 Mission City of Kenai Fiscal Year 2022 Operating Budget Fund 008 -Airport Fund Department: 61 -Airport Terminal Provide high quality, safe air travel services for the citizens of the Kenai Peninsula and visitors through services and facilities. Functions & Responsibilities The Kenai Airport Terminal is a two-story building , constructed in 1968 , expanded in 1983, renovated in 1989 and 2001. In October 2018 a complete terminal building rehabilitation project started and was completed in September 2020. The project consisted of moving the west wall out seven-feet for additional baggage handling areas , new roof, siding , flooring , windows , boilers , baggage belt systems , mechanical , electrical , fire suppression systems , and a new security card access system . In addition , the tenants have new office and t icket counter areas . A new conference room at the south end of the building is available to rent. The cafe and the lounge also received new windows , flooring , and lighting. The terminal has three enplanement gates and one deplanement gate to accommodate approximately 100,000 enplanements per year. The ground floor of the terminal has a ticket counter, an office, and baggage belt systems, for three commuter airlines. Currently RAVN Alaska and Grant Aviation lease space in the terminal and provide approximately 20 flights per day to and from Anchorage. Baggage check-in is handled at the ticket counters, and there is separate baggage break-down and baggage claim areas with continuous conveyor belts . There are two rental car agencies with office and counter space ava ilable for a third. There is also a cafe and a bar/lounge on the second floor. The term inal automobile parking area provides 529 parking spaces and is divided into three distinct areas by a looping one-way terminal loop road , which provides passenger load ing and unload i ng areas in front of the te rmi nal. Th e northern section is designated for long-term , permit and employee parking . The southern section provides spaces for rental cars, add it iona l emp loyee park i ng , and restaurant/lounge patro ns . Organizational Chart City Manager Airport Manager Airport Operations Supervisor Airport Operations Specialist (2) Administrative Assistant II Airport Seasonal Equ ipment Operator (2) 19 Staffing FY18 Actual FY19 Actual FY20 Actual Budgeted FY21 Requested FY22 Projected FY23 Position Title Qty G rade Qty Grade Qty Grade Qty Grade Qty Grade Qty Grade Administrative .33 9 .33 9 .33 9 .33 9 .33 9 .33 9 Assistant II Building Maintenance .17 13 .17 13 .17 13 .17 14 .17 14 .17 14 Lead Technician Bui lding Maintenance .17 12 .17 12 .17 12 .17 12 .17 12 .17 12 Technician Airport Operati ons 11 11 11 11 11 11 Specialist Average Overtime Per Position (hours) Position Title FY18 Actual FY19 Actual FY20 Actual Budgeted FY21 Requested FY22 Projected FY23 Adm inistrative 14 14 4 22 10 10 Assistant II Building Maintenance 2 10 5 5 5 Lead Technician Build ing Ma intenance 0 5 0 5 5 5 Techn ician Airport Operations 66 66 32 .5 10* 74 74 Specialist *Projected through FY21 Performance Measures FY 2017 2018 2019 2020 2021* 2022* Enplanements 95,202 91 ,598 92,242 7_0 ,224 3_2J ~99* 48,920** Percent Change from -4.09% -3.79% +.70% -23.67% -53.72% +.93% Previous Year Percentage of tenant 86.46% 84 .56% 84.56% 87 .36 % 87 .36% 87.6% areas leased *fiscal year to date (July 2020-February 2021 averaged through June 2021. Number severely impacted by COVID-19 pandemic. **Average based on July 2020-February 2021with slight increase in summer months ***Reduced due to terminal project completion FY21 Department Goals Evaluation Encourage and promote safe and economical travel through the Kenai Airport in support of Imagine Kenai 2030 City of Kenai Comprehensive Plan Goal 1 -Quality of Life to ensure that Kenai is a community where people are safe , Goa l 4 -Public Improvements and Services to provide adequate public improvement services in Kenai, and Goal 5 -Provide transportation systems that are efficient and adequate to serve the regional needs of the community. 1. Design terminal Landscaping Project • Invitation to Bid in April 2021 to replace the lawn sprinkler system and the landscaping design. 20 2. Upgrade vehicle parking lot pavement, striping, lighting, signage , and fencing • Project is being pushed back to FY2026 in the City's Capital Improvement Program until such time as revenue stream improves from the CO V/0-19 pandemic. 3 . Service Quality -customer satisfaction • Terminal rehabilitation has greatly improved the customer experience in the terminal building; aesthetically, seating, mechanical, and electrical. 4 . Market vacant in-terminal tenant areas to 100% capacity FY22 Goals • Kenai Municipal Airport "Gate to the Peninsula " was featured in the September 2020 issue of Business View Magazine . 1. When the COVI D-19 pandemic subsides and the bidding environment improves, bid and enter into five-year agreements for the car renta l agencies, restaurant, and the lounge concession agreements. Future Considerations Aviation recovery from the COVID-19 pandemic is expected to be very slow. Business and leisure travel are expected to stay on the decrease due to the new norm of working from home and virtual options. There will be ebbs and flows . Customers are e x pected to be focused on health and safety; masks, hand sanitization along with physical distancing . 21 Mission City of Kenai Fiscal Year 2022 Operating Budget Fund 008 -Airport Fund Department: 62 -Airport Airfield To ensure the safety and security of aircraft and the traveling public and to operate the airport in compliance with the rules , regulations , and standards prescribed, including but not limited to , Title 14 of Code Federal Regulations part 139. Functions & Responsibilities The Kenai Municipal Airport is the primary commercial service airport on the Kenai Peninsula and is owned and operated by the City of Kenai. It has a grooved 7 ,855 ft. x 150-ft. CAT Ill runway , a 4 ,600 ft. x 150 ft. water runway , and a 2,000 ft . x 60 ft . gravel ru nway. Itinerant aircraft parking is provided at the southern end of the apron . The apron nort h of the terminal is designated for helicopter, medivacs , and a fueling operation . A 5,600sf Sa nd/SRE Storage building is being constructed just north of the Operations Facility with sc hedu led completion fall of 2021. The gravel runway is located in the northeast corner of the Airport and has access to the primary taxiways and apron by a taxiway along the east side. A gravel tie down area and vehicle parking area parallels the gravel runway along the east side . The gravel tie down area has 17 tie downs and parking areas are accessible by road throug h a secure gate at the north end of Willow Street. The Airport Manager is responsible fo r overall managem ent of t he airport . The A irport Operation 's Supervisor position is responsible for t he day-to-day ma in tenance and operations of the airfield including daily inspections , plannin g and allocation of resources , overseeing contractors , addressing complaints, interfacing with airp ort tenants an d u se rs. The Operations Supervisor particip ates in snow removal and maintenan ce activities as well as s upervises two full -time Airport Operations Specialists , two w inte r sea s on al equipment o perators wh o work November 1 through Ma rc h 31 , and tempo rary c all -in p ersonnel. Organ~ationalChart City Manager Airport M an age r Airport Operations Superviso r Airport Operatio ns Specialist (2) Adminis trative Assistant II Airport Seasonal Eq u ipment Opera t or (2) 22 Staffing FY18 Actual FY19 Actual Actual FY20 Actual FY21 Projected FY22 Projected FY23 Position Title Qty Grade Qty Grade Qty Grade Qty Grade Qty Grade Qty Grade Airport Operations 15 15 15 15 15 15 Supervisor Airport Operations 11 11 11 11 11 11 Specialist (2) Temporary Eq uipm ent 10 11 10 11 .19 11 .19 11 .19 11 .19 11 Operator Seasonal Equ ipme nt .83 11 .83 11 .83 11 .83 11 .83 11 83 11 Operator (2) Average Overtime per Position (hours) Position Title FY18 Actual FY19 Actual FY20 Actual Budgeted FY21 Projected FY22 Projected FY23 Airport Operations 194 276 233 178 196 196 Supervisor Airport Operations 180 214 188 132 74 74 Specialist Seasonal Equ i pmen t 47 130 128 170 160 160 Ope ra tor Temporary Equipment 0 0 0 0 0 I 0 Operator Performance Measures (From Alaska Airport Pavement Inspection Report October 2018) Pavement Section Runway 2L-20R Taxiway Alpha Bravo Charlies Delta Echo Foxtrot Gulf Hotel Juliet Kilo Lima Mike Aircraft Tie Down Area Apron Pavement Condition Index (PCI) 54 .74 76.11 89.00 76 .00 68.42 78.1 3 86.75 97.30 95.00 86.00 71.00 46.00 70 .00 97.00 87 .00 Performance Measures (based on calendar year) Pavement Condition Index (PCI) Targe t PC I Range for Runways: 70 to 100 Target PCI Range fo r Taxi ways a nd Aprons: 60 to 100 PCI V alues General Pa ve ment Recommendations 85 . 100 Do Nothing or Prev entative Maintenance 70. 84 Preventative Maintenance 60 . 69 Corrective Maintenance 55. 59 Rehabilitate 40 -54 Rehabilitate 25 . 39 Reconstruct J 10 -24 Reconstruct -0-9 Reconstruct 23 CY 2017 2018 2019 2020 2021 Hazing 52 87 129 86 93 ** Activity Bird Strikes 0 1 0 O* O** NOT AMS 1,971 1,003 1,120 1, 135 1,260*** Letters of Correction 1 1 1 O* (LOG) *NO FAA Certification Inspection due to COVID-19 **FAA Inspection scheduled for 61812021 **B ased on 5-year average FY21 Department Goals Evaluation The following goals support the Imagine Kenai 2030 City of Kenai Comprehensive Plan Goal 5 - Transportation : Provide transportation systems that are efficient and adequate to serve the regional needs of the community: 1. Design and construct Sand/SRE Storage Building • Received a Phase 1 Construction grant in September 2020 for $1 ,954, 101 . The grant dollars were at 100% between the FAA and CARES funds. 2. Track FAA Compliance: Percentage compliance of FAA Part 139 annual certification inspections; Letters of Correction, Percentage of airport certification (FAR 139) categories with zero finds. • There were no FAA inspections in 2020 due to the COVID-19 pandemic. FY22 Department Goals 1. Secure FAA funded Phase 2 grant to complete the Sand/SRE Building. 2. Replace AIP Snow Removal Equipment (SRE) -30-year old snow blower. 3. Perform crack sealing of runways/taxiways, apron areas to extend pavement life expectancy . Grant assurances 11 & 19. 4 . Perform airfield marking to meet 49 CFR Marking standards Grant assurances 11 & 19. Future Considerations The FAA has made a final determination when airfield marking is AIP eligible : every 3-years unless related to a construction project and/or marking change . Marking will be the responsibility of the Airport budget when necessary to meet the specifications of 49 CFR 139.311 outside of the 3-year window. Replacement of non-AIP eligible equipment: parking lot sweeper, screening plant. 24 Mission City of Kenai Fiscal Year 2022 Operating Budget Fund 008 -Airport Fund Department: 64 -Other Buildings & Areas To encourage growth and development of lands by simplifying and streamlining processes to make the Kenai Municipal Airport and surrounding properties the best leasing environment of all the airports on the Kenai Peninsula . Functions & Responsibilities (Department revised to include Airport Reserve land activity in addition to the Float Pl ane Basin) Airport Land is the real estate deeded to the City of Kenai by the Federal Aviation Administration (FAA) in 1963 . The acquisition gave the City title to nearly 2 ,000 acres . Most of the land is located in the business district surrounding the Airport. The 1963 deed requires the land be managed for Airport activities and support. The City invests the land sale proceeds in an Airport Land Sales Permanent Fund (ALSPF) which is to be used for support and operations of the Kenai Municipa l A irport. The 2008 Supplemental Planning Assessment established a Kenai Municipal Airport Reserve that is within the Airport Boundary line. Land within th is reserve wou ld not be sold and would be retained for long -te rm airport-related development. This reserve protects the existing and future airfield and associated safety zones , terminal area , airfield accessible lease lots, and lease areas adjacent to but wi th out direct access to the airfield. Land outside the reserve could be leased or sold for non-aviation purposes after a release of airport land is obtained from the Federal A vi ation Administra tion The Float Plane Basin encompasses a 4 ,500-foot water runway for land ing and ta ke-off operations and a separate water lane for taxiing with parking slips . A major e xpansion of the landing channel was started in 2006 and competed in fall of 2007. Separate tie-down areas are available for private and commercial users and a 24-hr. self-fue lin g station is maintained by the airport at the basin . Transient parking and camping spots are avai lab le. Current KMC code prohibits the collection of landing fees for float planes ; therefore , the on ly in come from this area is from mo nthly and daily a ircraft parking fees and fue l sa les . The basin is closed to all operatio ns during winter months. Organizational Chart City Manager Airport Manager Airport Operations Supervisor Airport Operations Spec ialist (2) Administrative Ass ist ant II Airport Seasona l Eq uipment Oper ator (2) 25 Staffing FY18 Actual FY19 Actual FY20 Actual Budgeted FY21 Requested FY22 Projected FY2 3 Position Title Qty Grad Qty Grade Qty Grade Qty Grade Qty Grade Qty Grade e City Pl an ne r/Planning .30 16 .30 16 .30 16 .30 16 .30 18 .30 18 Director Building Ma intenance .17 12 .17 12 .17 12 .17 14 .17 14 .17 14 Lead Technician Bu ild ing Mai ntenance .1 7 11 .17 11 .17 11 .17 12 .17 12 .17 12 Technician Average Overtime Per Position (hours) Position Title FY18 Actual FY19 Actual FY20 Actual Budgeted FY21 Requested FY22 Projected FY23 City Planner/ Planning 8 2 9 N/A NIA Director Bu ilding Maintenance 2 10 5 5 5 Lead Technician Build ing Ma intenance 0 5 0 5 5 5 Tech nician Performance Measures -Airport Lands FY 2016 2017 2018 2019 2020 2021 Airport Land Sale Permanent Fund IALSPF) $23,690, 184 Transfers into Airport Operations from ALSPF $1 142 714* $1 175,414* $1 ,210,348* $1 ,203,690* $908,811* $955 050* Airp ort Fun d Land Leases $ 687 256 $ 674,7 81 $ 69 1, 152 $ 570,675 $563,293 $504 665 Total# Airports Parcels 128 128 128 128 128 129 Total# Airport Parcels -in Reserve 61 61 61 61 6 1 61 Leased Parcels -in Reserve 26 26 26 26 26 27 Tota l # Airport Pa rcels -outside Reserve 6 7 67 67 67 67 67 Leas ed P arce ls -outside Reserve 12 12 12 12 12 12 Soecial Use Permits -inside the Reserve 7 7 7 7 7 8 Special Use Permits -outs id e Reserve 0 0 0 0 0 0 *based on previous year's yea r-end ba lance of ALSPF Performance Measures -Float Plane Basin CY 2017 2018 2019 2020 2021 * Slips Available for Lease 20 20 20 21 20 Float Plane Slips 7 7 7 6 7 Leased (te nants) Slie Rental $ 560 $ 600 $ 800 $ 740 $ 680 Water Landings 489 806 694 600 635 Fuel So ld (Gallons) 3,790 4 ,266 6 ,348 2,063 3 ,873 Transient Parking Fees $ 100 $ 200 $ 120 $ 100 $ 128 - Slips Available for Lease No Data 20 20 20 20 *P rojected 2021 figures based on previous five-year average 26 FY21 Department Goals Evaluation The follow ing goals support the Imagine Kenai 2030 City of Kenai Comprehensive Plan Goal 1: Quality of life; Goal 2: Provide economic development to support the fiscal health of Kenai ; Goal 3 -Develop land use strategies to implement a forward-looking approach to community growth and development; Goal 4 -Provide adequate public improvements and Services in Kenai ; and , Goal 5 -Transportation : Provide transportation systems that are efficient and adequate to se rv e the regional needs of the community: 1. Market for both private and commercial activities. • Airport Administration did not attend any trade-shows due to COVID-19 however, the float plane ba sin facility was advertised in the Civil Air Patrol magazine and the September 2020 issue of Business View Magazine featured the Kenai Municipal Airport as the "Gateway to the Peninsula". 2. Construct taxiway Sierra to provide access to float plane basin facility . • Project has been pushed out due to higher prioritized construction needs. 3. Maintain /rehabilitate commercial and private slips. • Slips were excavated, gates were repaired, and the basin was drained ove r the winter to freeze the aquatic weeds. FY22 Department Goals 1. Marketing of float plane basin slips and camping spots for float plane basin users . • Upgrade three camping spots for transient float plane traffic. • Install an informational sign with walking map of Kena i with a link to bus inesses, cabs , parks , trails , etc. 2. Drain Float Plane Basin every winter to kill heavy aquatic weeds . 3. Market Airport and lease lot development for growth and development while supporting existing businesses -Kenai Municipal Airport "Gate to the Penins ula" was featured in the September 2020 issue of Business View Magazine . Future Considerations Airfield improvements to attract lessees to float plane basin facil ity; possible gazebo and publi c viewing area for public, and developing lease lot areas. There is currently one lease lot available on the airfield . 27 Mission City of Kenai Fiscal Year 2022 Operating Budget Fund 008 -Airport Fund Department: 65 -Al aska Fire Training Facility To be the premier aircraft and firefighting training facility for the State of Alaska. Functions & Responsibilities The 23,460 square foot A laska Fire Train ing Facil ity was built in 1997. A FAA grant was received in Septem ber 2019 for rehabi lit ation of t he bui ldin g , training eq uipment and two new A i rcraft Rescue Firefighting trucks . The building and training equipment rehabilitation was comp leted in Spri ng of 2020 and the new trucks (1 ,500 and 3,000-gallon OSHKOSHs) wi ll arri ve in the summer of 2021. The facility was designed to provide Alaskan ARFF and mutual aid firefighter's fire training with real-life hands-on-training in a safe, environmenta ll y clean location with state-of-the-art training equipment. Firefig hters wi ll be able to re ceive the firefig hti ng traini ng that meets t he 139.319 requ irements for Index A-E airport pe rson nel in scenarios replicating actua l emergencies involving aircraft and structural/in dustrial setting s. The first floor is currently occu pied by Beacon Occupational Hea lt h and Safety Services. T he current agreement with Beacon expired December 3 1, 2012 but re news annually, unless notice of termination is given 180-days p rior to year-end by either party . The seco nd floor consisting of 3,800 square feet is avai l a ble for lease . The Red Cross and the Kenai Bo ys a nd Girls cu rrently lease offices and classrooms on t he second floor. Staffing -Under a Management Agreement Performance Measures - FY 2017 2018 2019 2020 2021* 2022* Studen ts No Data No Data 472 333 300 300 Class Trainings No Data No Data 60 41 4 0 40 Facility Repairs & $ 18,359 $ 12,620 $ 13,455 $ 4,445 *$ 1,000 *$ 1,000 Maintenance ARFF Vehicle Repair & Ma i ntenance APO? E-One 4x4 $ 938 $ 466 $ 1,431 $ 895 $ 500* $ 500* A P08 E-One 6x6 $ 4 ,078 $ 908 $ 2,764 $ 878 $ 500* $ 500* Generator (AP09) N/A N/A NIA $ 75 $ 50* $ 50* *Projected figures based on fiscal year FY21 Department Goal Evaluations The following goals support the Imagine Kenai 2030 City of Kenai Comprehensive Plan Goa l 1: Promote and encourage Quality of Life in Kenai , Goal 2 -Provide Economic Development to support the fiscal health of Kenai, Goa l 3 -Land Use, and G oal 4 -Public Improvements and Services : 28 1. Ensure the Alaska Fire Training Facility provides instructors , equipment , and technology necessary to meet current and future aircraft rescue and fighting training requirements. • The rehabilitation project completed in 2020 has provided state-of-the art modern training equipment that creates real-world scenarios. New 1,500 & 3,000-gallon ARFF vehicles will allow students hands-on familiarization with the ARFF truck they have at their home airports. FY22 Department Goals 1. Negotiate or issue a Request for Proposals for a long-term management agreement at the Fire Training Facility that establishes : • a facility maintenance program . • a measurable goal to increase class/training participation at the facility. • trained , qualified , and motivated instructors for training programs that meet or exceed the requirements of the customer. • a program for accountability and efficiency with the available resources . 2. Ensure the Sponsor (City) has the obligated Sponsor share (6 .25%) necessary for any FAA granting opportunities that arise. Future Considerations Long-range considerations should be given to the financial stability of the Alaska Regional Training Facility 29 Municipal Airport Memo To : Thru : From: Date: Subject: 305 N. WIU.OW ST. SUITE 200 KENAI, ALASKA 99611 lE.EPHONE 907-283-7951 FAX 907-283-3737 Airport Commission Mary Bondurant-Airport Manage Erica Brincefield -Assistant March 18, 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 Permit Application and the $100 application fee were 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 July 1, 2021 through September 30 , 2021 . Does Commission recommend Counc il approve the Special Use Permit to the State of Alaska DNR/Forestry? Attachments www.Kena iAirport.com 30 Kl;NAI City of Kenai Special Use Perm it Application Name of Applicant: State of Alaska , Division of Forestry Mailirtg Address: 42499 Sterling H wy City: Soldotn a State: AK Zip Code: 99669 Phone Number(s): Home Phone: ( ) Work/ Message Phone: ( ) 260-4200 E-mai l: (Optional) becky.howard@alaska.gov Name to Appear on Permit: Division of Forestry M ailing Address : 42499 Sterling Hwy City: Soldotna State: AK Zip Code: 99669 Phone Number(s): Home Phone: ( ) Work/ Message Phone: ( ) 260-4200 E-mail : (Optional) Type of Applicant: 0 Individual (at least 18 years of age) 0 Limited Liability Company {LLC) 0 Partnership 0 Corporation ii Government 0 Other --, . .-, .. ~ .. ~-. . . .. '•' .· . Fl·-··· <':,.fl './ ··~ •, · or ,.~,. ":-"'""'f 1 ., t '• • ,,,, I , r • .. 'T .A ·~ • •""> . ·, ... , . . ' •. Property Information . . . ... . i A-~,~.__ ..AiiL _wr .. ---~ . ... -' .. .. . .. -. ~ . Legal or physical description of the property: Kenai Tanker Base Description of the proposed business or activity intended: Firefighting Activity Is the area to be used in front of or immediately adjacent to any established business offering the same or similar products or services upon a fixed location? DYES !! NO Would the use under this permit interfere with other businesses through excessive noise, odor, or other nuisances? DYES !! NO If you answered yes to any of the above questions, please expla in: What is the term requested (not to exceed one year)?4/1-9/30/2021 Requested Starting Date: 4/1/2021 Signature: 1 ~o bJJJa _ {~ Date: 2/4/2021 Print Name: Rebecca Howard Title: Administrative Asst 11 For City Use Only: Date Application Fee Recei ved : 0 General Fund D Airport Reserve land City Council Action/Res olution: 0 Airport Fund D Outside Airport Reserve Account Number: 31 SPECIAL USE PERMIT 2021 The CITY OF KENAI (City) grants to STATE OF ALASKA DEPARTMENT OF NATURAL RESOURCES/DIVISION OF FORESTRY (Pennittee), whose address is 550 W. Seventh Avenue, Suite 1450, Anchorage, AK 99501-3566, a Special Use Permit to conduct aeronautical and/or aviation-related activities at the Kenai Municipal Airport subject to the requirements and the conditions set forth below. 1. Premises. Permittee shall have the non-exclusive right to use 30,000 square feet as described in the attached diagram shown in the attached Exhibit A for the uses identified in this Permit. 2. Term. The term of this Permit shall be for three months commencing on July 1, 2021, and ending on September 30, 2021. Regardless of the date of signature, this Permit shall be effective as of July 1, 2021. 3. Permit Fees. Permittee shall pay the following fees for the privileges extended to Permittee under this Permit: A. Permit: Permittee shall pay a monthly fee plus applicable sales tax as follows: July $ 3025.00 August $ 3025 .00 September $ 3025 .00 B. Proximity Card for Gate Access: In addition to the general permit 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 sha ll refund this deposit to Permittee 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 Permittee 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 has not been established for those activities or services, a fee will be established by the Airport Manager. Payment shall be directed to City of Kenai , ATTN: Finance Department, 210 Fidalgo Avenue, Kenai, AK 99611 and a courtesy notice of payment provided to Airport Administration at 305 North Willow Street, Suite 200 , Kenai , AK 99611. All permit fees are payable in advance of each month unless otherwise provided. In the event of delinquency, interest at the rate of 10% per annum, and penalty of 10% 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 32 to timely make payments is grounds for tennination ofthis Permit. (See if 22 , Termination). 4. Use. City authorizes Permittee 's non-exclusive use of the Premises for the following purpose(s): Aircraft loading and parking . NOTE: This permit does not guarantee 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 Pennit, and any access rights allowed hereunder, are for Permittee's use only and may not be transferred or assigned. Use of the Premises by Perrnittee 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 subj ect to the following conditions: Permittee acknowledges that the use granted herein is subject to the Kenai Municipal Code and municipal regulati ons governing the Kenai Municipal Airport and as those laws and regulations 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 may 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 Airport Manager or designated representative reserves the right to designate reasonable areas where aircraft owners may perform services on their own aircraft. 5. Airport 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 perform any repairs or activities authorized under this Permit act in a manner that ensures the safety of people and the Airport, the protection of public health and the environment, and the safety and integrity of the Airport and any premises on the Airport. Permittee 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 occurrence that threatens the safety of the Airport, the safety of persons using the Airport, the public health or the environment, or the safety or integrity of any premises on the Airpm1 . Special Use Permit-DNR/Forestry (Parking) Page 2of9 33 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 reasonable decisions and directives of the Airport Management regarding general use of the Airport by Permittee. 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 Pennittee. Where specific limits are stated, the limits are the minimum acceptable limits. If Pennittee'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 compensation insurance with coverage for all employees engaged in work under this Pennit 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 Pennittee under thi.s Permit. C. Commercial Automobile Coverage with not less than $1,000,000 combined single limit per occurrence. This insurance must cover all owned, hired, and non- owned motor vehicles the Permittee uses on the Airport. The policy must name the City as an additional insured. D. All insurance required must meet the following additional requirements: i. All policies wiU be by a company/corporation currently rated "A-"or better by A.M. Best. IL Permittee shall submit to the City proof of continuous insurance coverage in the form of insurance policies, certificates, endorsements, Special Use Pennit-DNR/Forestry (Parking) Page 3of9 34 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 Permittee 's insurer and the waiver of subrogation, where possible, shall be provided at no cost to City. 1v . 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 July 1, 2021. The effective date of the insurance shall be no later than July I , 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 requ irements 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. Permittee 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 volunteers 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 outside attorneys and any fees and expenses incurred in enforcing this provision (hereafter collectively referred to as "Liabilities"), to which any 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 the Permittee in connection with or arising from or out of Permittee's activities on or use of the Premises, Permittee'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 hav e been seal coated to protect asphalt from adverse effects of petroleum product spills. The City requires that Special Use Permit-DNR/Forestry (Parking) Page 4of9 35 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 Perntittee'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. Permittee must comply with the Airport's Storm Water Pollution Prevention Plan as appropriate to Permittee's activities. Permittee shall not store any personal property, solid waste, petroleum products, Hazardous Material as defined by 14 CFR § 171.8, hazardous waste (ignitable, corrosive, reactive, or toxic) or any hazardous substance on any portion of the Airport. Perntittee is aware that there are significant penalties for improperly disposing of the Hazardous Materials and other waste and for submitting false information regarding Hazardous Materials, including the possibility of fine and imprisonment for knowing violations. Pennittee 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 within 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 § 139.321 regarding the handling and storage of hazardous substances and materials. 14. No Discrimination. Permittee shall not discriminate against any person because of the person's race, creed, color national origin, sex, age, or handicap. Permittee recognizes Special Use Permit-DNR/Forestry (Parking) Page 5of9 36 the right of City to take any action necessary 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 discriminatory, 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 licenses, certificates, and other documents required for its operations under the Permit. Pennittee 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 guidelines and all applicable requirements of federal, state, and City statutes, ordinances , and regulations in effect during the term of this Permit. Further, 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 aviation 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 Permittee. 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 Permittee 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 Permittee in the conduct of its business or activities on the Premises or elsewhere at the Kenai Municipal Airport. 20. No Waiver. Failure to insist upon a strict compliance with the terms , conditions, and requirements herein contained, or referred to, shall not constitute or be construed as a waiver or relinquishment of the right to exercise such terms, conditions , or requirements . 21. Personalty. Permittee shall remove any and all personal property, including all vehicles, from the Premises at the termination of this Permit (or any renewal thereof). Personal property placed or used upon the Premises will be removed and/or impounded by the City, if not removed upon termination 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. Special Use Pennit-DNR!Forestry (Parking) Page 6of9 37 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 terminate the Permit inunediately, 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 this 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 comprehensive 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 shall also provide Airport Administration with monthly certified gross take-off weight reports within ten days following the end of each month for landings for the preceding month. Airport landing fees shall be paid at the Airport Administration Building, 305 North Willow Street, Suite 200 , Kenai, AK 99611. 24 . Impoundment. At the discretion of the Airport Manager, City may impound any aircraft parked on the Premises after termination of this Permit. lmpoundment may be accomplished 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 Permittee. 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 days after impoundment shall be considered abandoned and shall be subject to sale 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, "Permittee" means State, Department of Natural Resources, Division of F orestry, and where the context reasonably indicates, its officers, agents , and employees. "Airport" means the Kenai Municipal Airport. Special Use P ermit-DNR/Forestry (Parking) Page 7of9 38 CITY OF KENAI Paul Ostrander City Manager Date STATE OF ALASKA DEPARTMENT OF NATURAL RESOURCES, DIVISION OF FORESTRY Timothy Dabney Deputy Director, Division of Forestry 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 behalf of the City. Notary Public for Alaska My Conunission 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 Timothy Dabney, Deputy Director, DNR/Division of Forestry, on behalf of the State of Alaska. Notary Public for Alaska My Commission Expires: ____ _ Special Use Permit-DNR/Forestry (Parking) Page 8of9 39 ATTEST: Jamie Heinz, City Clerk SEAL: APPROVED AS TO FORM: Scott M . Bloom, City Attorney Special Use Pennit-DNR/Forestry (Parking) Page 9of9 40 .------------; I I l I ~==-~..,......,..~--.. 30,000 sq. ft. I~! !~Ir /If !..------=----~--· ~~~~~. ~~====== D l .. -" """'" ~ D N 32•08'03" E 1 n5.96' ~.J i L4 ! I ' L DNR FIREFIGHllNG I FACILITY I I • ' ' . l I J ~r ' . ' I I I I I I I I I I J I I I I I I ' I I I I I J I I I I ' I I ; / \ WILLOW STREET u Exhibit A 41 Municipal Airport Memo To : Thru: From: Date: Subject: 305 N. WIU.OW ST. SUITE 200 KENAI, ALASKA 99611 TB.EPHONE 907-283-7951 FAX 907-283-3737 Airport Commission Mary Bondurant -Airport Manag Erica Brincefield -Assistant March 18 , 2021 Pacific Star Seafoods, Inc. -Special Use Permit Pacific Star Seafoods, Inc. is requesting a Special Use Permit for 15,000 square feet for aircraft loading and parking related to fish haul operations. The Special Use Application and the $100 application fee was received on February 18, 2021. The Special Use Permit is effective June 1, 2021 through July 31, 2021 . Does Commission recommend Council approve the Special Use Permit to Pacific Star Seafoods, Inc.? Attachments www.KenaiAirport.com 42 //~. City of Kenai /·u ~~ ·---~>, Special Use Permit ' ~-_,t__-', '' r· $"/ -~ /,'' Application ~llirti~ef.. /Application Date: I ;. I I <(1 I z., J I ICE Al'vAl.ASIU\ 'V' Name of Applicant: PfJCI FIC-.511CJ/Z. SE-r4PO cJ6s Mailing Address: f O Boy. /CJ(} jcity: /.r?tV,4{ jstate: j A/:. jzip Code:/ ??~!/ Phone Number(s): Home Phone: (C/07 ) z gs-7 000 Workl Message Phone: ~Ol }2g 3 ... 7 Ooc) E-mail: (Optional) ;r;ale6& ee{oods-{01'//l Name to Appear on Perm it: I P1-1e1 r1 c 0Tt4/C., 5 t:-";4/=rJ 0 () s Ma iling Address: Po Box I 90 I city: UN fl ( /state: I /4/l jz;p Code :/ 91fJI) Phone Number(s): Home Phone: «f 07 ) 2 03 .. 7 0 00 Workl Message Ph one: (9 o 7 ) z y ~ -· 7 0 0 0 E-mail: (Optional) no le b @ ee, fbocf.<;. {()U/l Type of Applicant: 0 Individual (at feast 18 years of age) 0 Partnership g' Corporation 0 Governmen t 0 Limited liability Company (LLC) O Other .. l.i.(i.'J~Jim(.,, ~m.1 m rn . Legal or physical description of the property: fl !J</)Of2-1 f}f~Of/ Is I 000 :7QFT Description of the proposed business or activity intended: ()Ff L.OA-D /0 1 €D rf5 H I L uA.-f> {JAl!ET~1 f f8Ef.707e) BA-e re cri../ Is the area to be used In front of or immediately adjacent to any established business offering ~o the same or similar products or services upon a fJXed location? DYES Would the use under this permit interfere with other businesses through excessive noise, iz(NO odor, or other nu isances? DYES lf you answered yes to any of the above questions, pf ease explain : What is the term requested (n ot to exceed one year)? .._JUN E? §Jul-'/ Requested Starting Date: JUNB I 202./ Signature: 'r\ 1J1///ld//2/Jcy~£,;) Date : 2 /1f3 /z/ Print Name: I Nit TH/4JJ /I Btk-A Titl e: Pl fJIJT frJf/frJ?t &ell For City Use On ly: Date Application Fee Rece ived: 0 General Fund 0 Airport Reserve Land City Council Action/Resolutlon: 0 Airport Fund 0 Outside Airport Reserve Account Number: 43 SPECIAL USE PERMIT 2021 The CITY OF KENAI (City) grants to PACIFIC STAR SEAFOODS, INC. (Pe1mittee), whose address is 672 Bridge Access, Kenai, Alaska 99611, a Special Use Permit for the purpose of on or off-loading fish at the Kenai Municipal Airport subject to the requirements and the condjtions set forth below. 1. Premises. Pennittee shall have the non-exclusive right to use 15 ,000 square feet as described in the attached diagram shown in the attached Exhibit A for the uses identified in this Pennit. 2. Term. The term of this Pennit shall be for two months commencing on June 1, 2021, and ending on July 31, 2021. Regardless of the date of s ignature, this Pennit shall be effective as of June I , 2021. 3. Permit Fees. Pennittee shall pay the following fees for the privileges extended to Permittee under this Permit: A. Permit: Permittee shall pay a monthly fee plus applicable sales tax as follows: June $ 1,512.50 July $ 1,512.50 B. Proximity Card for Gate Access: In addition to the general permit fee, Permittee s hall pay a deposit of One Hundred Dollars ($100.00) for the use of each proximity card issued to Pennittee by City to allow for gate access to the Airport to conduct the uses pennitted 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 outstancting balance due to City from Pennittee at the termination of this Pennit. C. Other Fees: City may assess additional fees for aviation or aviation support activities and uses not defined in this Permit. If a fee has not been established for those activities or services, a fee will be established by the Airport Manager. Payment shall be directed to City of Kenai, ATTN: Finance Department, 210 Fidalgo Avenue, Kenai, AK 99611 and a courtesy notice of payment provided to Airport Administration at 305 North Willow Street, Suite 200, Kenai, AK 99611. All permit 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 10% shall also be due (KMC 1.75.010). Interest shall accrue from the date due until the date paid in full. Failme to timely make payments is grounds for termination of this Pennit. (See iJ 22 , Termination). Special Use Permit-Pacific Star Seafoods, Inc. (fish haul) Page I of 9 44 4. Use. City authorizes Permittee's non-exclusive use of the Premises for the following purpose(s): On or off-loading fish. NOTE: This permit does not guarantee 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 mav 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 transferred or assigned. Use of the Premises by Permittee 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 use granted herein is subject to the Kenai Municipal Code and municipal regulations governing the Kenai Municipal Aimort and as those law s and regulations may be amended from time to time. Solicitation of donations or operation of a business or other commercial enterprise not contemplated by this Pennit is prohibited without the written consent of City. No person may repair an aircraft, aircraft engine, propeller, or apparatus in an area of the Airport other than that specifically designated for that purpose by the Aimort Manager or designated representative. The Airport Manager or designated representative reserves the right to designate reasonable areas where aircraft owners may perform services on their own aircraft. 5. Airport Operations. Permittee shall ensure that the Pennittee, its employees, and guests, and anyone else acting by, on behalf of, or under the authority of Pennittee on the Airport, that perform any repairs or activities authorized under this Permit act in a manner that ensures the safety of people and the Airport, the protection of public health and the environment, and the safety and integrity of the Airport and any premises on the Airport. Permittee 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 occurrence that threatens the safety of the Airport, the safety of persons using the Airp01t, the public health or the environment, or the safety or integrity of any premises on the Airport. Special Use Permit-Pacific Star Seafoods, Inc. (fish haul) Page 2of9 45 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 Pennittee under this Pem1it. 7 . Coordination with Airport Management. Pennittee shall coordinate all activities on the Airport with Airport Management, or a designated representative, and shall abide by all reasonable decisions and directives of the Airport Management regarding general use of the Airport by Pennittee. 8. Radio Transmitting Equipment. Pennittee 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 Pennittee. Where specific limits are stated, the li1nits are the minimum acceptable limits. If Pennittee'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 contractua l, with a per- occurrence limit of not less than $1,000,000 combined single limi t. The policy must include an endorsement under which the insurer extends coverage to Pennittee's fuel handling activities. The policy must name the City as an additional insured. B. Worker 's compensation insurance w ith coverage for all employees engaged in work under this Pem1it or at the Premises as required by AS 23.30.045 . Pennittee is further responsible to provide worker's compensation insurance for any subcontractor who directly or indirectly provides serv ices to Pe1111ittee under this Permit. C. Conunercial Automobile Coverage with not less than $1,000,000 combined single limit per occurrence. This insurance must cover all owned, hired, and non- owned motor vehicles the Permittee uses on the Airp01i . The polic~ must name the City as an additional insured. D. All insurance required must meet the following additional requirements: i. A ll policies will be by a company/corporation currently rated "A-"or better by A .M. Best. ii. Pennittee shall submit to the City proof of continuous in surance coverage in the fonn of insurance policies, ce1iificates , endorsements, Special Use Pennit-Pacifi.c Star Seafoods, Inc. (fish haul) Page 3of9 46 or a combination thereof, and signed by a person authorized by the insurer to bind coverage on its behalf. 111. Permittee shall request a waiver of subrogation against City from Pennittee's insurer 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 in surance coverage of any policy required hereunder. v. Evidence of insurance coverage mu st be submitted to City by June 1, 2021. The effective date of the insurance shall be no later than June 1, 2021. City may increase the amount or revise the type of required insurance on written demand without requiring amendments to this Pennit. City will base any increase or revision on reas onable and justifiable grounds. Within two weeks of the written demand, Pennittee sha ll submit to City evidence of insurance coverage that meets the requirements of the City. 10. Assumption of Risk. Pennittee assumes full control and sole responsibility as between Permjttee and City for the activities of Pennittee, its personnel, employees, and persons acting on behalf of or under the authority of the Pennittee anywhere on the Airport. Permittee 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 Pennit. 11. Indemnity, Defend, and Hold Harmless Agreement. Permittee agrees to fully indemnify, defend, and hold hannless, the City of Kenai , its officers, agents, employees, and volunteers from and against all actions, damages, costs, liability, claims, losses, judgments, penalties, and expenses of every type and desc1iption, including any fees and/or costs reasonably incurred by the City's staff attorneys and outside attorneys and any fees and expenses incurred in enforcing this provision (hereafter collectively refe1red to as "Liabilities"), to which any 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 the Pennittee in connection with or arising from or out of Pennittee's activities on or use of the Premises, Pemlittee'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 tennination 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 petrolewn product spills. The City requires that Special Use Pennit-Pacific Star Seafoods , Inc. (fish haul) Page 4of9 47 Pennittee provide adequate absorbent materials and tools available on the Premises and at the airport in order to maintain a fuel spill and response capability. Pennittee 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 Permittee's use of the apron and/or use of the Airport. Permittee shall provide to City an acceptable fue l spill prevention and response plan and will maintain fue l sp ill and response capability. Pennittee 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. Permittee must comply with the Airpo1i's Storm Water Pollution Prevention Plan as appropriate to Pennittee's activities. Permittee shall not store any personal properiy, solid waste, petroleum products, Hazardous Material as defined 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 Materials and other waste and for submitting false information regarding Hazardous Materials, including the possibility of fine and imprisonment for knowing violations. Pennittee shall immediately remove the material in the event of sp illage 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 Airp01i. Permittee may not construct or install any above-ground or underground fuel storage tanks or dispensing systems at the Airpo1i . No person shall smoke on an aircraft-parking ramp, inside an aircraft hangar, or within 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. A ll inspections of fuel faci lities, 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 § 139 .321 regarding the handling and storage of hazardous substances and materials. 14. No Discrimination. Permittee shall not discriminate against any person because of the person's race, creed, color national origin, sex, age, or handicap. Permittee recognizes Special Use Pennit-Pacific Star Seafoods, Inc. (fish haul) Page 5of9 48 the right of City to take any action necessary to enforce this requirement of the Pennit. Permittee will furnish services provided under this Pennjt on a reasonable, and not unjustly discriminatory, basis to all users of the Airpmi and shall charge reasonable, and not unjustly discriminatory, 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 licens es, certificates, and other documents required for its operations under the Permit. Pennittee 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 thi s Permit, is subject to all executive orders, policies and operational guidelines and all applicable requirements of federal, state, and City statutes, ordinances, and regulations in effect during the term of this Permit. Further, Permittee shall comply with all applicable requirements in1posed on the Airport by federal law to ensure that the Airport's eligibility for federal money or for participation in federal aviation 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 Pennittee 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 Pennittee in the conduct of its business or activities on the Premises or elsewhere at the Kenai Municipal Airp011. 20. No Waiver. Failure to insi st upon a strict compliance with the terms , conditions, and requirements herein contained, or referred to, shall not constitute or be construed as a waiver or relinquishment of the right to exercise such terms, conditions, or requirements. 21. Personalty. Pennittee shall remove any and all personal prope11y, including all vehjcles, from the Premises at the termination of this Permit (or any renewal thereof). Personal property placed or used upon the Premises will be removed and/or impounded by the City, if not removed upon t ermination 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 Pennittee or of its customers. Special Use Permit-Pacific Star Seafoods, Inc. (fish haul) Page 6of9 49 22. Termination; Default. This Pennit may be terminated by either party hereto by giving 30 days advance written notice to the other party. City may tenninate the Pennit immediately, or upon notice shorter than 30 days , to protect public health and safety or due to a failme of Pe1mittee to comply with condition or term of this Permit which failure remains uncured after notice by City to Pennittee 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 this Pennit and , as such , failure to timely pay landing and other airport fees is grounds for tennination. Without limiting the foregoing, Pennittee s hall pay landing fees for aircraft landings as set out in the City's comprehensive schedule of rates , charges and fees. Pennittee shall make payment within 30 days following the end of each month and without demand or invoicing from City. Permittee shall also provide Airpo1t Administration with monthly certified gross take-off weight reports within ten days following the end of each month for landings for the preceding month. Airport landing fees shall be paid at the Airport Administration Building, 305 North Willow Street, Suite 200 , Kenai , AK 99611. 24. Impoundment. At the discretion of the Airport Manager, City may impound any aircraft parked on the Premises after termination of this Pennit. Impoundment may be accomplished 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 Pennittee. 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 days after impoundment sha11 be considered abandoned and shall be subject to sale 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 a uction. 25. Definitions. As used in this Permit, "Permittee" means State, Department of Natural Resources. Division of Forestry, and where the context reasonably indicates, its officers, agents, and employees. "Airport" means the Kenai Municipal Airport. Special Use Pe1mit-Pacific Star Seafoods, Inc . (fish haul) Page 7 of9 50 CITY OF KENAI PACIFIC STAR SEAFOODS, INC. Paul Ostrander Date Nate Berga ACKNOWLEDGMENTS ST A TE 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 behalf of the City. Notary Public for Alaska My Commission Expires: ____ _ ST ATE OF ALASKA ) ) SS. THIRD WDICIAL DISTRICT ) THIS IS TO CERTIFY that on this __ day of 2021, the foregoing in strument was acknowledged before me by Nate Berga, Plant Manager, Pacific Star Seafoods, Inc., on behalf of the State of AJaska. Notary Pub lic for Alaska My Commission Expires: ____ _ Special Use Permit-Pacific Star Seafoods, Inc. (fish haul) Page 8of9 51 ATTEST: Jamie Heinz, City Clerk SEAL: APPROVED AS TO FORM: Scott M. Bloom, City Attomey Spec.ial Use Permit-Pacific Star Seafoods, Inc. (fish haul) Page9of9 52 2 / ·/ "C> i ,~ f , -·~•'•""' •I I' '!lie'!**"~!( t' I (/) -0 0 .8 (IJ Q) CJ) I-CU Ci5 {) I+= ·u cu 0... FSO tJ7. suan. RUNWAV PROlEC~ ~~t APPROACH SLOPE 20: ' ~-= ~~~. AAFF' /SRE TRACT l I 1wn~ 3 _J .•• rJ F~.~4!<E~X:•:~QJ / / ,,. .. \ FISH HAUUCARGO SPOTS \ Kenai Municipal Airport <( ~ .D 305 N. Willow. Suite 200 ·.c Kenai, Alaska 99611 ~ , .~ 53 Municipal Airport 305 N. wiu.ow sr. sum: 200 KENAI, ALASKA 99611 TELEPHONE 907-283-7951 FAX907~ Memo To: Airport Commission Through : Mary Bondurant-Airport Manage ' From: Erica Brincefield -Assistant Date : March 25 , 2021 Subject: Everts Air Fuel, Inc. -Special Use Permit Everts Air Fuel, Inc. is requesting a Special Use Permit for approximately 30,000 square feet of apron for aircraft loading and parking . The Special Use Permit will be effective for one year from July 1, 2021 to June 30, 2022 . Everts Air Fuel , Inc. has submitted the Special Use Permit application and paid the fee . Evert's Air Fuel is current in all fees owed to the City and a current Certificate of Insurance is on file. Does Commission recommend Council approve the Special Use Permit to Everts Air Fuel, Inc.? Attachment www.KenaiAirport.com 54 Mailing Address: Phone Number(s): E-mail: (Optional) Mailing Address: Phone Number(s): E-mail: (Optional} City of Kenai Special Use Permit App Ii cation [Application Date: Type of Applicant: D Individual (at least 18 years of age) D Limited Liability Company (LLC) ,Corporation D Government ~~i : · . Property Information 1 .... Legal or phy ical description of the property: Description of the prop sed bU$1nes or activity Intended: l l S \C 1-+s 22 -Nf+mif~ r'\Or\ --::t..~ -te S\C-i.f'5'f1)l -~\~\,~ ~~c.Q_ Is the area to be used In front of or lmmedlately adjacent to any established business offering the same or similar roducts or services u on a fixed location? Would the use under this permit Interfere with other businesses through excessive noise, Jdor, or other nuisances? If you answered yes to any of the above questions, please explain: Nhat is the term requested (not to exceed one year)? 3ignature: Jrlnt Name: : or City Use Only: J General Fund J Airport Fund D Airport Reserve Land 0 Outside Airport Reserve Date Application Fee Received: City Councll Action/Resolution: Account Number: DYES DYES NO NO 55 SPECIAL USE PERMIT -2021 The CITY OF KENAI (City) grants to EVERTS AIR FUEL, INC. (Permittee), whose address is P .O . Box 60908 , Fairbanks, AK 99706, a Special Use Permit to conduct aeronautical and/or aviation-related activities at the Kenai Municipal Airport subject to the requirements and the conditions set forth below . 1. Premises. Permittee shall have the non-exclusive right to use 30,000 square feet as described in the attached Exhibit A for the uses identified in this Permit. 2. Term. The term of this Permit shall be for 1 year commencing on July 1, 2021 and ending on June 30, 2022. Regardless of the date of signature, this Permit shall be effective as of July 1, 2021. 3. Permit Fees. Permittee shall pay the following fees for the privileges extended to Permittee under this Permit: A. Permit: Permittee shall pay a monthly fee of $3 ,025.00 plus applicable sales tax . B. Proximity Card for Gate Access: In addition to the general permit 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 Permittee 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 Permittee 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 has not been established for those activities or services, a fee will be established by the Airport Manager. Payment shall be directed to City of Kenai, ATTN : Finance Department, 210 Fidalgo Avenue, Kenai , AK 99611 and a courtesy notice of payment provided to Airport Administration at 305 North Willow Street, Suite 200, Kenai , AK 99611 . All permit fees are payable in advance of each month unless otherwise provided . In the event of delinquency, interest at the rate of 10% per annum, and penalty of 10% shall also be due (KMC 1. 75.010). Interest shall accrue from the date due until the date paid in full. Failure to timely make payments is grounds for termination of this Permit. (See~ 22 , Termination) 4. Use. City authorize s Permittee 's non-exclusive use of the Premises fo r the following purpose(s): Special Use Permit-Everts Air Fuel , Inc. (Ramp Aircraft Loading & Parking) Page 1of8 56 Aircraft Loading and Parking. NOTE: This permit does not guarantee 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 alJowed hereunder, are for Permittee's use only and may not be transferred or assigned. Use of the Premises by Permittee 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 use granted herein is sub ject to the Kenai Municipal Code and municipal regulations governing the Kenai Municipal Airport and as those laws and regulations 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 may 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 Airport Manager or designated representative reserves the right to designate reasonable areas where aircraft owners may perform services on their own aircraft. 5. Airport 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 perform any repairs or activities authorized under this Permit act in a manner that ensures the safety of people and the Airport, the protection of public health and the environment, and the safety and integrity of the Airport and any premises on the Airport. Permittee 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 occurrence that threatens the safety of the Airport, the safety of persons using the Airport, the public health or the environment, or the safety or integrity of any premises on the Airport. 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. Special Use Permit-Everts Air Fuel, Inc. (Ramp Aircraft Loading & Parking) Page 2of8 57 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 reasonable decisions and directives of the Airport Management regarding general use of the Airport by Permittee. 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 Permittee'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 compensation insurance with coverage for all employees engaged in work under this Permit 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 Permittee under this Permit. C. Commercial Automobile Coverage with not less than $1,000,000 combined single limit per occurrence. This insurance must cover all owned, hired, and non- owned motor vehicles the Permittee uses on the Airport. The policy mu st name the City as an additional insured. D. All insurance required must meet the following additional requirements: i. All policies will be by a company/corporation currently rated "A-" or better by A.M. Best. u. Permittee shall submit to the City proof of continuous insurance coverage in the form of insurance policies, certificates, endorsements, or a combination thereof, and signed by a person authorized by the insurer to bind coverage on its behalf. ui. Permittee shall request a waiver of subrogation against City from Special Use Permit-Everts Air Fuel , Inc. (Ramp Aircraft Loading & Parking) Page 3of8 58 Permittee's insurer 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 July 1, 2021. The effective date of the insurance shall be no later than July 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. Permittee 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 volunteers 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 outside attorneys and any fees and expenses incurred in enforcing this provision (hereafter collectively referred to as "Liabilities"), to which any 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 the Permittee in connection with or arising from or out of Permittee's activities on or use of the Premises, Permittee'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 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 Special Use Permit-Everts Air Fuel, Inc. (Ramp Aircraft Loading & Parking) Page 4of8 59 discharge of petroleum products or hazardous materials due to Permittee '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 arid response plan located in the Permittee's fuel dispensing equipment at all times. Permittee must comply with the Airport's Storm Water Pollution Prevention Plan as appropriate to Permittee's activities. Permittee shall not store any personal property, solid waste, petroleum products, Hazardous Material as defined by 14 CFR § 171.8, hazardous waste (ignitable, 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 Materials and other waste and for submitting false information 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 within 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 § 139.321 regarding the handling and storage of hazardous substances and materials. 14. No Discrimination. Permittee shall not discriminate against any person because of the person's race, creed, color national origin, sex , age, or handicap. Permittee recognizes the right of City to take any action necessary to enforce this requirement of the Permit. Permittee will furnish services provided under this Permit on a reasonable, and not unjustly Special Use Permit-Everts Air Fuel, Inc. (Ramp Aircraft Loading & Parking) Page 5of8 60 discriminatory, basis to all users of the Airport and shall charge reasonable, and not unjustl y discriminatory, 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 licenses , 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 guidelines and all applicable requirements of federal , state, and City statutes, ordinances, and regulations in effect during the term of this Permit. Further, 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 aviation 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 Permittee. 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 Permittee 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 Permittee in the conduct of its business or activities on the Premises or elsewhere at the Kenai Municipal Airport. 20. No Waiver. Failure to insist upon a strict compliance with the terms , conditions, and requirements herein contained, or referred to, shall not constitute or be construed as a waiver or relinquishment of the right to exercise such terms , conditions, or requirements . 21. Personalty. Permittee shall remove any and all personal property, including all vehicles, from the Premises at the termination of this Permit (or any renewal thereof). Personal property placed or used upon the Premises will be removed and/or impounded by the City, if not removed upon termination 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 per day. The City of Kenai is not responsible for any damage to or theft of any personalty of Permittee or of its customers . 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 terminate the Permit immediately, or upon notice shorter than 30 days , to protect public health and safety or due Special Use Permit-Everts Air Fuel , Inc. (Ramp Aircraft Loading & Parking) Page 6of8 61 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 this Permit and, as such, failure to timely pay landing and other airport fees is grounds for termination. Without limiting the foregoing, Perrnittee shall pay landing fees for aircraft landings as set out in the City's comprehensive 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 shall also provide Airport Administration with monthly certified gross take-off weight reports within ten days following the end of each month for landings for the preceding month. Airport landing fees shall be paid at the Airport Administration Building, 305 North Willow Street, Suite 200 , Kenai, AK 99611 . 24 . Impoundment. At the discretion of the Airport Manager, City may impound any aircraft parked on the Premises after termination of this Permit. Impoundment may be accomplished 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 Permittee. 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 days after impoundment shall be considered abandoned and shall be subject to sale 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 Everts Air Fuel, Inc. and where the context reasonably indicates, its officers, agents , and employees. "Airport" means the Kenai Municipal Airport. CITY OF KENAI Paul Ostrander City Manager Date EVERTS AIR FUEL, INC. Erik Newbrook General Manager Special Use Permit-Everts Air Fuel , Inc. (Ramp Aircraft Loading & Parking) Date Page 7of8 62 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 behalf of the City. Notary Public for Alaska My Commission Exp ires: ____ _ 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 Erik Newbrook, General Manager, Everts Air Fuel , Inc., on behalf of the State of Alaska. ATTEST: Jamie Heinz, City Clerk SEAL: APPROVED A~ORM: ~--~ Scott M . Bloom, City Attorney Notary Public for Alaska My Commission Expires: ____ _ Special Use Permit-Everts Air Fuel , Inc. (Ramp Aircraft Loading & Parking) Page 8of8 63 Everts Air Fuel 30,000 sqft -.-- EXHIBIT A I I EXHIBIT A 64 Municipal Airport Memo To: Through: From: Date: Subject: 305 N. Will.OW ST. sum: 200 KENAI, ALASKA 99611 TELEPHONE 907-283-7951 FAX 907-2833737 March 25, 2021 United Parcel Service Co., Inc. -Special Use Permit United Parcel Service Co ., Inc. is requesting a Special Use Permit for approximately 4,000 square feet of apron for aircraft loading and parking. The Special Use Permit will be effective for one year from July 1, 2021 to June 30, 2022. United Parcel Service Co., Inc. has submitted the Special Use Permit application and paid the fee. United Parcel Service is current in all fees owed to the City and a current Certificate of Insurance is on file. Does Commission recommend Council approve the Special Use Permit to UPSCO United Parcel Service Co., Inc.? Attachment www.KenaiAirport.com 65 Cfty of Kenai Specfal Use Permit Application /Application Date: j o 3 / '-'1 / h q ·I Applicant Information • 1' ! . ' . ' ..... . N~m~;of Aj:>plicant: ~'f'-'~ M. N'-'-~' . MaWng Address: &ioo L.oC~tt tfP AVf-tJo.il !city: Al'IC.lf o fl~'-~ jstate: I Ak. lzip Code :I q 'H ~ t · Phone Number(s): Home Phone: ( q o 7 ) 3 s I -'f t 1 t Work/ Message Phone : {iu 1 ) 2 't q -bl~ S .. E-mail: (Optional) n"' N H.s l@"f PS. c.o M Name to Appear on Permit: j 1-1,1u.. ~,~,.,_,,_ vi rs Mailing Address: 6J.ll() 1..1<..J.-~'t.O AlfW..i\L lctty: All'LltfµH.( jstate: I ~ k. jzip Code:j G\ci~oi. Pho11e Number(s): Home Phone: (q07 ) ·p1 -~Ill Work/ Message Phone: ( '\O 7 ) 2.'t ~ -, l-~ 5 E-mai l: (Optlonaij lMtt./~6-~l@ t.tP'>. Corl Type 01 Applicant: O Individual (at least 18 yea rs of age) [J Partnership 13"Corporation D Government 0 LI It d U bit ty C • (LLC) DOth Property Information ,. l,.eQEfl or physi¢a1 description of the property: f'\l.\L 1'L.rLt. lf>~·1 Qoof .... W' t\ (Lf.1-t IJl.1 $ '-. • . -· .. f ... ;) "i ~•'., . I ... _,, .. ' De~~rlption of the proposed business or activity Intended: fAPS fll, c.. "?. L.. t.li ll) ~" f-T .VUL1iti\'J(!.. ·- 1iJlO P~ c.kfl t-t. tA(L S fol' Dt.i.-z.v~f-J.. "'"", l Is the area to be used In front of or Immediately adjacent to any established business offering ~ES ~NO -· th(;) ~ame or simJlar products or services upon a f1Xed location? Would the .use under this permit in terfere with othet buslri8$$Gs through excessive noise, rt1'NO odor, or othe.t nuisances? DYES If you answered yes to any of the above questions, please expla in : What is the term requested (not to e.xce.ed one year)? I Y~V.. Requeste~ Starting Date : o;f~t.f L•i.-1 Signature: r1 ~ Date: o~ / a..'1 I 1.uz.1 Print Name: t1U..t-M. ~~( H Title: t,,..1ft1HO Lft't~~ ~H ti~ c.i.< For City Use Only: Date Applloatlon Fe e Received: D General Fund D Airport Reserve Land City COUriell Actfon/Resolutlon : D Airport Fund D Outside Airport Reserve Account Number: 66 SPECIAL USE PERMIT 2021 The CITY OF KENAI (City) grants to UPSCO United Parcel Service Co., Inc. (Permittee), whose address is 6200 Lockheed Ave., Anchorage, AK 99502 , a Special Use Permit to conduct aeronautical and/or aviation-related activities at the Kenai Municipal Airport subject to the requirements and the conditions set forth below . 1. Premises. Permittee shalJ have the non-exclusive right to use 4,000 square feet as described in the attached Exhibit A for the uses identified in this Permit. 2. Term. The term of this Permit shalJ be for 1 year commencing on July 1, 2021 and ending on June 30, 2022. Regardless of the date of signature, this Permit shall be effective as of July 1, 2021. 3. Permit Fees. Permittee shall pay the following fees for the privileges extended to Permittee under this Permit: A. Permit: Permittee shall pay a monthly fee of$403.33 plus applicable sales tax. B. Proximity Card for Gate Access: In addition to the general permit 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 Airp011 to conduct the uses permitted hereunder. City shall refund this deposit to Permittee 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 Permittee 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 has not been established for those activities or services, a fee will be established by the Airport Manager. Payment shall be directed to City of Kenai, ATTN: Finance Department, 210 Fidalgo Avenue, Kenai, AK 99611 and a courtesy notice of payment provided to Airport Administration at 305 North Willow Street, Suite 200, Kenai, AK 99611. All permit fees are payable in advance of each month unless otherwise provided. In the event of delinquency, interest at the rate of ten percent ( 10%) per annum, and penalty of ten percent (10%) shall also be due (KMC 1.75.010). Interest shall accrue from the date due until the date paid in full. F ailure to timely make payments is grounds for termination of this Permit. (See ~ 22 , Termination) 4. Use. City authorizes Permittee's non-exclusive use of the Premises for the following purpose(s): Special Use Permit-UPSCO (Aircraft Loading & Parking) Page 1 of 8 67 Aircraft Loading and Parking. NOTE: This permit does not guarantee 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 transferred or assigned. Use of the Premises by Permittee 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 use granted herein is subject to the Kenai Municipal Code and municipal regulations governing the Kenai Municipal Airport and as those laws and regulations 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 may 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 Airport Manager or designated representative reserves the right to designate reasonable areas where aircraft owners may perform services on their own aircraft. 5. Airport 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 perform any repairs or activities authorized under this Permit act in a manner that ensures the safety of people and the Airport, the protection of public health and the environment, and the safety and integrity of the Airport and any premises on the Airport. Permittee 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 occurrence that threatens the safety of the Airp011 , the safety of persons using the Airport, the public health or the environment, or the safety or integrity of any premises on the Airport. 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. Special Use Pennit-UPSCO (Aircraft Loading & Parking) Page 2of8 68 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 reasonable decisions and directives of the Airport Management regarding general use of the Airport by Permittee. 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. Pennittee shall secure and keep in force adequate insurance, as stated below , to protect City and Pennittee. Where specific limits are stated, the limits are the minimum acceptable limits. If Permittee'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 Pennittee's fuel handling activities. The policy must name the City as an additional insured. B. Worker's compensation insurance with coverage for all employees engaged in work under this Permit 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 Permittee under this Permit. C. Commercial Automobile Coverage with not less than $1,000,000 combined single limit per occurrence. This insurance must cover all owned , hired, and non- owned motor vehicles the Permittee uses on the Airport. The policy must name the City as an additional insured. D. All insurance required must meet the following additional requirements: I. All policies will be by a company/corporation currently rated "A-" or better by A.M. Best. II. Permittee shall submit to the City proof of continuous insurance coverage in the form of insurance policies, certificates, endorsements , 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 Special Use Permit-UPSCO (Aircraft Loading & Parking) Page 3of8 69 Permittee 's insurer and the waiver of subrogation, where possible, shall be provided at no cost to City. 1v . Provide the City with notification at least thirty (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 July 1, 2021. The effective date of the insurance shall be no later than July 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. Permittee 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. I ndemnity, Defend, and Hold Harmless Agreement. Permittee agrees to fully indemnify, defend , and hold harmless , the City of Kenai, its officers, agents , employees , and volunteers 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 outside attorneys and any fees and expenses incurred in enforcing this provision (hereafter collectively referred to as "Liabilities"), to which any 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 the Permittee in connection with or arising from or out of Permittee's activities on or use of the Premises, Perrnittee'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. Fue l 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 Permittee provide adequate abso rbent 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 as sociated with any spill, the cleanup of any spill , or the Special Use Permit-UPSCO (Aircraft Loading & Parking) Page 4of8 70 discharge of petroleum products or hazardous materials due to Perrnittee'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. Permittee must comply with the Airport's Storm Water Pollution Prevention Plan as appropriate to Permittee's activities . Permittee shall not store any personal property, solid waste, petroleum products, Hazardous Material as defined by 14 CFR § 171.8, hazardous waste (ignitable, 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 Materials and other waste and for submitting false information 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 within fifty feet ( 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 § 139.321 regarding the handling and storage of hazardous substances and materials. 14. No Discrimination. Permittee shall not discriminate against any person because of the person 's race, creed, color national origin, sex, age, or handicap. Permittee recognizes the right of City to take any action necessary to enforce this requirement of the Permit. Permittee will furnish services provided under this Permit on a reasonable, and not unjustly Special Use Permit-UPSCO (Aircraft Loading & Parking) Page 5of8 71 discriminatory, basis to all users of the Airport and shall charge reasonable , and not unjustly discriminatory, 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 licenses, 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 guidelines and all applicable requirements of federal, state, and City statutes , ordinances , and regulations in effect during the term of this Permit. Further, 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 aviation 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 Permittee. 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 Permittee 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 Permittee in the conduct of its business or activities on the Premises or elsewhere at the Kenai Municipal Airport. 20. No Waiver. Failure to insist upon a strict compliance with the terms, conditions, and requirements herein contained, or referred to , shall not constitute or be construed as a waiver or relinquishment of the right to exercise such terms, conditions, or requirements. 21 . Personalty. Permittee shall remove any and all personal property, including all vehicles, from the Premises at the termination of this Permit (or any renewal thereof). Personal property placed or used upon the Premises will be removed and/or impounded by the City, if not removed upon termination 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 . 22. Termination; Default. This Permit may be terminated by either party hereto by giving thirty (30) days advance written notice to the other party. City may terminate the Permit immediately, or upon notice shorter than thirty (30) days , to protect public health Special Use Permit-UPSCO (Aircraft Loading & Parking) Page 6of8 72 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 this 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 comprehensive schedule of rates, charges and fees . Permittee shall make payment within thirty (30) days following the end of each month and without demand or invoicing from City. Permittee shall also provide Airport Administration with monthly certified gross take-off weight reports within ten (10) days following the end of each month for landings for the preceding month. Airport landing fees shall be paid at the Airport Administration Building, 305 North 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 accomplished 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 Permittee. 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 ninety (90) days after impoundment shall be considered abandoned and shall be subject to sale 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 (3) consecutive weeks not more than thirty (30) days nor less than seven (7) days before the time of the auction. 25. Definitions. As used in this Permit, "Permittee" means UPSCO, United Parcel Service Co., Inc. and where the context reasonably indicates, its officers, agents, and employees . "Airport" means the Kenai Municipal Airport. CITY OF KENAI Paul Ostrander City Manager Date UPS CO Tyler McNeese Date Extended Center Manager Special Use Permit-UPSCO (Aircraft Loading & Parking) Page 7of8 73 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 behalf 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 Tyler McNeese, the Extended Center Manager, on behalf of UPSCO, United Parcel Service Co., Inc. Approved as to Form: -~ ,, ......... Scott Bloom City Attorney Notary Public for Alaska My Commission Expires: ____ _ Special Use Pennit-UPSCO (Aircraft Loading & Parking) Page 8of8 74 Exhib it A 75 Municipal Airport 305 N. Will.OW ST. SUITE 200 KENAI, ALASKA 99611 TE..EPHONE 907-283-7951 FAX 907-283-3737 Memo To: Airport Commission Through: Mary Bondurant-Airport Manag ,,.. From: Erica Brincefield -Assistant Date: March 25, 2021 Subject: Empire Airlines, Inc. -Special Use Permit Empire Airlines, Inc. is requesting a Special Use Permit for aircraft parking on approximately 11,250 square feet of apron space. The Special Use Permit will be effective for one year from July 1, 2021 to June 30, 2022. Empire Airlines has submitted the Special Use Permit Application and paid the fee. Empire Airlines is current in all fees owed to the City and a current Certificate of Insurance is on file. Does Commission recommend Council approve the Special Use Permit to Empire Airlines, Inc.? Attachment www .KenaiA irpo rt.com 76 Mailing Address: City of Kenai Special Use Permit Application Phone Number(s): Home Phone: (2o)) ;; 'f ;J.,... -Jg s() E-mail: (Optional) rtJ.vid Name to Appear on Permit: Mailing Address: ~ · 1 J.--City: ..;>tl"'f e a} a 'lfC,ht v State: Phone Number(s): Home Phone: ( Workl Message Phone: ( E-mail : (Optional) Zip Code: Type of Applicant: 0 Individual (at least 18 years of age) D Limited Liability Company (LLC) 0 Partnership )(Corporation 0 Government 0 Other Property Information Legal o r p hysical description of the property : A-J. j"~c~(A,, f fo Felex /rl 7+ %. Description of the proposed business or activity intended : ft1..vk1'~} ~ I o-ttJ/~".j era J C 2 cJJ" a. rd-c ra.11 · Is the area to be used in front of or immediately adjacent to any established business offering the same or similar products or services upon a fixed location? DYES t'.1'No Would the use under this permit interfere with other businesses through excessive noise, odor, or other nuisances? DYES M 'N o If you answered yes to any of the above questions, please explain: W hat is the term requested (not to exceed one year)? !Jfi.JL 'teci-r Requested Starting Date: M CLP (or...f1 a "'l rA-t (/'7" re Vt.-I-5 r./f, Signature: f<_ r~P&!/ Date: J/J,tf~r Print Name: ~1~11 v LtiVI 1~ / 1 Title : Vf' ffp.I For City Use Only: Date Application Fee Received : 0 General Fund 0 Airport Reserve Land City Council Action/Resolution : 0 Airport Fund O Outside Airport Reserve Account Number: 77 SPECIAL USE PERMIT-2021 The CITY OF KENAI (City) grants to EMPIRE AIRLINES, INC. (Permittee), whose address is 11559 N. Atlas Road, Hayden, ID 83835, a Special Use Permit for the purpose of aircraft parking at the Kenai Municipal Airport subject to the requirements and the conditions set forth below. 1. Premises. Permittee shall have the non-exclusive right to use 11 ,250 square feet as described in the attached Exhibit A for the uses identified in this Permit. 2. Term. The term of this Permit shall be for 1 year commencing on July 1, 2021 and ending on June 30, 2022. Regardless of the date of signature, this Permit shall be effective as of July 1, 2021. 3. Permit Fees. Permittee shall pay the following fees for the privileges extended to Permittee under this Permit: A. Permit: Permittee shall pay a monthly fee of $1,134.37 plus applicable sales tax. B. Proximity Card for Gate Access: In addition to the general permit 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 Permittee 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 Permittee 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 has not been established for those activities or services, a fee will be established by the Airport Manager. Payment shall be directed to City of Kenai , ATTN: Finance 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 ten percent (I 0 %) per annum, and penalty of ten percent (10 %) shall also be due (KMC 1.75 .010). Interest shall accrue from the date due until the date paid in full . Failure to timely make payments is grounds for termination of this Permit. (See~ 22 , Tennination) Special Use Permit-Empire Airlines , Inc. (Parking) Page 1 of 8 78 4. Use. City authorizes Pennittee's non-exclusive use of the Premises for the following purpose(s): Aircraft Parking. NOTE: This permit does not guarantee the exclusive us e 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 transferred or assigned. Use of the Premises by Permittee 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 use granted herein is subject to the Kenai Municipal Code and municipal regulations governing the Kenai Municipal Airport and as those laws and regulations 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 may 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 Airport Manager or designated representative reserves the right to designate reasonable areas where aircraft owners may perform services on their own aircraft. 5. Airport 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 perform any repairs or activities authorized under this Permit act in a manner that ensures the safety of people and the Airport, the protection of public health and the environment, and the safety and integrity of the Airport and any premises on the Airport. Pennittee shall employ qualified personnel and maintain equipment sufficient for the purposes of this provision. The Pennittee shall immediately notify City of any condition, problem, malfunction, or other occurrence that threatens the safety of the Airport, the safety of persons using the Airport, the public health or the environment, or the safety or integrity of any premises on the Airport. Special Use Permit-Empire Airlines , Inc . (Parking) Page 2 of 8 79 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 reasonable decisions and directives of the Airport Management regarding general use of the Airport by Permittee. 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 Permittee'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 compensation insurance with coverage for all employees engaged in work under this Permit 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 Permittee under this Permit. C. Commercial Automobile Coverage with not less than $1,000,000 combined single limit per occurrence. This insurance must cover all owned, hired, and non- owned motor vehicles the Permittee uses on the Airport. The policy must name the City as an additional insured. D . All insurance required must meet the following additional requirements: l. All policies will be by a company/corporation currently rated "A-" or better by A.M. Best. 1i. Permittee shall submit to the City proof of continuous insurance coverage in the form of insurance policies , certificates , endorsements, Special Use Permit-Empire Airlines, Inc. (Parking) Page 3of8 80 or a combination thereof, and signed by a person authorized by the insurer to bind coverage on its behalf. 111 . Permittee shall request a waiver of subrogation against City from Permittee's insurer and the waiver of subrogation, where possible, shall be provided at no cost to City. 1v . Provide the City with notification at least thirty (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 July 1, 2021. The effective date of the insurance shall be no later than July 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. Pennittee 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. Permittee 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 volunteers 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 outside attorneys and any fees and expenses incurred in enforcing this provision (hereafter collectively referred to as "Liabilities"), to which any 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 the Permittee in connection with or arising from or out of Permittee's activities on or use of the Premises, Permittee'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. Special Use Permit-Empire Airlines, Inc. (Parking) Page 4 of 8 81 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 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 Permittee' 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 . Permittee must comply with the Airport's Storm Water Pollution Prevention Plan as appropriate to Permittee's activities. Permittee shall not store any personal property, solid waste, petroleum products, Hazardous Material as defined by 14 CFR § 171 . 8, hazardous waste (ignitable, 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 Materials and other waste and for submitting false information 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 within fifty feet (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. Perrnittee shall conform and be subject to the requirements of 14 CFR § 139.321 regarding the handling and storage of hazardous substances and materials. Special Use Permit-Empire Airlines, Inc. (Parking) Page 5 of 8 82 14. No Discrimination. Permittee shall not discriminate against any person because of the person's race, creed, color national origin, sex, age, or handicap. Permittee recognizes the right of City to take any action necessary to enforce this requirement of the Permit. Pennittee 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 discriminatory, prices for each product or service provided at the Airport. 15. Licenses and Permits. Permittee sha11 obtain and maintain all required federal, state, and local licenses, 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 guidelines and all applicable requirements of federal , state, and City statutes , ordinances, and regulations in effect during the term of this Permit. Further, 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 aviation 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 Permittee. 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 Perrnittee 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 Permittee in the conduct of its business or activities on the Premises or elsewhere at the Kenai Municipal Airport. 20 . No Waiver. Failure to insist upon a strict compliance with the terms , conditions, and requirements herein contained, or referred to , shall not constitute or be construed as a waiver or relinquishment of the right to exercise such terms , conditions , or requirements. 21. Personalty. Permittee shall remove any and all personal property, including all vehicles, from the Premises at the termination of this Permit (or any renewal thereof). Personal property placed or used upon the Premises will be removed and/or impounded by the City, if not removed upon termination 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. Special Use Permit-Empire Airlines, Inc. (Parking) Page 6of8 83 22. Termination; Default . This Permit may be terminated by either party hereto by giving thirty (30) days advance written notice to the other party. City may terminate the Permit immediately, or upon notice shorter than thirty (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 violati on or breach. 23. L anding Fees; Fee Schedule. Timely payment of landing fees and other required Airport fees is a condition of this 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 fo r aircraft landings as set out in the City's comprehensive schedule of rates, charges and fees. Permittee shall make payment within thirty (30) days following the end of each month and without demand or invoicing from City. Permittee shall also provide Airport Administration with monthly certified gross take-off weight reports within ten (10) days following the end of each month for landings for the preceding month. Airport landing fees shall be paid at the Airport Administration Building, 305 North Willow Street, Suite 200, Kenai , AK 99611 . 24. Impoundment. At the discretion of the Airport Manager, City may impound any aircraft parked on the Premises after termination of this Permit. Impoundment may be accomplished 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 Permittee. 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 ninety (90) days after impoundment shall be considered abandoned and shall be subject to sale 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 (3) consecutive weeks not more than thirty (30) days nor less than seven (7) days before the time of the auction . 25. Definitions. As used in this Permit, "Pennittee" means Empire Airlines, Inc . and where the context reasonably indicates , its officers, agents , and employees . "Airport" means the Kenai Municipal Airport. Special Use Permit-Empire Airlines, Inc. (Parking) Page 7of8 84 CITY OF KENAI Paul Ostrander City Manager Date EMPIRE AIRLINES, INC. Randy Lanfell Date Director of Flight Operations ACKNOWLEDGMENTS STATE OF ALASKA ) ) SS. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this __ day of , 2021 , the foregoing instrwnent was acknowledged before me by PAUL OSTRANDER, City Manager, of the City of Kenai, an Alaska municipal corporation, on behalf of the City. Notaiy 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 RANDY LANFELL, Director of Flight Operations, Empire Airlines , Inc., on behalf of the State of Alaska. Approved as to Form: ~ Scott Bloom City Attorney Notary Public for Alaska My Commission Expires: ____ _ Special Use Permit-Empire Airlines, Inc . (Parking) Page 8 of 8 85 Empire Special Use Permit Special Use Permit Approx. 12,000 sq . ft. FedEx 7 3 9 7A-1 3A-1 86 Municipal Airport Memo 305 N. WILLOIN ST. SUITE 200 KENAI, ALASKA 99611 TELEPHONE 907-283-7951 FAX 907..283-3737 To: Airport Commission Through: Mary Bondurant -Airport Manage From: Erica Brincefield -Assistant Date: March 15, 2021 Subject: First Amendment to Agreement for Janitorial Services On July 1, 2020 the City of Kenai entered into an Agreement for Janitorial Services with Reborn Again Janitorial Services, for a period of one year with the option to extend for an additional four (4) years if the City and contractor mutually agree in writing. The Contractor requests to renew under the same terms and conditions. The Airport has a current Certificate of Insurance on file. Attached for your review and recommendation is the First Amendment to Agreement for Janitorial Services which shall be effective July 1, 2021 . Does Commission recommend Council approve the First Amendment to Agreement for Janitorial Services with Reborn Again Janitorial Services? Attachment www.Ke na iAirport.com 87 ' FIRST AMENDMENT TO AGREEMENT FOR JANITORIAL SERVICES The Agreement for Janitorial Services made the 1st day of July 2020, by and between the CITY OF KENAI, hereinafter called "Owner", whose address is 210 Fidalgo Avenue, Kenai, AK 99611-7794, and , Reborn Again Janitorial Services, whose mailing address is P.O.Box 927, Kenai, AK 99611, hereinafter called "Contractor," is hereby amended as follows: 1 ). Pursuant to Section 2 of the Agreement for Janitorial Services the term of the Agreement for Janitorial Service for the Kenai Municipal Airport is extended for one year, beginning on July 1, 2021 and ending on June 30, 2022. 2). All other terms and conditions of the Agreement shall remain unchanged and in full force and effect. DATED this __ day of June 2021. CITY OF KENAI Paul Ostrander, City Manager Reborn Again Janitorial Services Reborn Again Janitorial Services Sylvia Trevino, Owner Erica Jackson, Owner 88 (If Lessee is a corporate-style entity) ATTEST: Name Title ' ST A TE OF ALASKA THIRD JUDICIAL D ISTRICT ) )ss ) The foregoing instrument was acknowledged before me this _ day of June, 2021, by Paul Ostrander, City Manager for the City of Kenai. STATE OF ALASKA THIRD JUDICIAL DISTRICT ) )ss ) Notary Public for Alaska My Commission Expires: __ _ The foregoing instrument was acknowledged before me this _ day of June, 2021 , by Reborn Again Janitorial Services, an Alaskan corporation on behalf of the corporation. Notary Public for Alaska My Commission Expires: __ _ Approved as for form : ___ _ Scott Bloom , City Attorney Approved by Finance : ___ _ Terry Eubank, Finance Director 89 Municipal Airport MEMO 305 N. WIU.OW ST. SUITE 200 KENAI, ALASKA 99611 TELEPHONE 907-283-7951 FAX 907-283-3737 To: Airport Commission From: Mary Bondurant-Airport Manager Date: April 1, 2021 Subject: Airport Land Brochure -Updated The Airport has been working with the Planning Department to update the Airport Land Brochure that was originally published in October of 2018. Multiple changes were made and the updated brochure is attached . This brochure has been well-received by both lessee's and potential lessee's and is a valuable marketing tool. The brochure will be updated on an annual basis to provide the most up-to-date information on available lands to lease at the Kenai Airport . Please contact me if you have any questions . Attachment 90 Municipal Airport CITY OF KENAI 210 I idalgo Avenue 907 283 8223 ph 901 ?83 3014 fax www .kenai.ci ty/airport 4.2021 AVAILABLE LEASE LANDS 91 Kenai Municipal Airport Available Lease Lands (On-Airport) FOR M Of'E I NFO R MA l I O N O N AVA,L A B LE LAN D S VIEW T H E 1N l c:RAC TI VE MA P IT kenai .maps .arcgis.com 92 Kenai Municipal Airport Available Lease Lands (On-Airport) FO R MO R E IN FORMA fl Ct'-.l ON AVAI L ABLE LANDS V I EW THE IN ER.t.CTIVE MAP IT k e n a i .m a p s.a r cg is.com 93 LEASE BENEFITS • LOW UP-FRONT COSTS Kenai Municipal Airport YOUR COMMERCIAL AIR TRANSPORTAT I ON GATEWA Y TO THE KENAI PENINSULA & CO OK I NLET The Kenai Municipal Airport is a full-service 49 CFR part 139 non-hub primary airport with two commuter airl ines offering scheduled service to Anchorage seven days a week with 15-20 flights per day. Charter services are also available. The Automated Flight Service Station is open 24 hours a day, and a contract Air Traffic Control Tower is located on field. Credit card fuel pumps are available 24-hours a day for both wheeled and float aircraft i n add ition to aircraft maintenance and avionic shops. Two runways and a floatplane basin accommodate a variety of ai rcraft (7 ,855 x x 150 foot wide grooved, asphalt runway; 2,000 foot long x 60 foot wide gravel runway; 4,600 foot x 252 foot wide water runway). Instrument landing system (ILS) to Runway 20R. Class I, Aircraft rescue and firefighting (ARFF) Ind ex A with 24-hour fire response. The terminal includes a restaurant and lounge as well as car rental services and office space. La rge and small lots, central location , and extensive aviation facilities and na t ural features nearby. New industrial lease lots are avai lable for development as well as lots with access to the apron or Float Plane Basin. VIEW AVAILABLE LEASE LOTS ONLINE ' kenai. maps.arcgis.com The best leasing environment on the Kenai Peninsula • UP TO 45 -Y EAR LEASE TERM • LEASE CREDI TS FOR SITE PREPARATION WORK •PRED ICTABLE ANNU AL RENT •FAVORABLE DI SPOSITION OF IMPROVEMENTS •SIGNATORY LANDI NG FEES • PREDETERMINED COND ITIONS FOR EXTENSION AND RENEWAL PARTNER WITH US ! In 1963 , the FAA transferred owners hi p of nearly 2,000 acres of land to the City of Kenai. Most of the land is located in the core business area of Kenai surrounding the Kenai Airport, and the sale of some of these land s formed the basis for economic development in Kenai. In 2018, T he City revised its land leasing program to encourage growth and development of lands by simplifying and streamlining processes to make the Kenai Municipal Airport and surrounding properties the best leasing environment of all the airports on the Kenai Peninsula . THE C l'T°Y O F K EN A I Mu lt iple lots available perfect for: • Retail, serv ice, and office space • Warehouse , production, and manufacturing facilities • Aircraft transportation , aviation , and marine-related Th o City of Ken ai is a n All-America City lo caled on tho services Kenai Peninsula where the Kenai River meets Cook Inlet. Kenai is lhe heart of activity on lhe Kenai Peninsu la with industries lhal include oil , natural gas , commercial fi shing , and tourism. • A variety of other services including: education, health , legal, tourism, and non-profit • General avi ation , air taxi , air cargo, aircraft parking, rental , hangars , fu e ling , aviation service providers 94 City of Kenai Land Lease Application Application for : n Amendment I Ass ignment Kl;NAI Name of Applicant: Mailing Address: City: State: Phone Number(s): Home Phon e: Worf</ Message Phone: E-mail : (Optional) Name to Appear on Lease: Maifing Address: City: State : Phone Number(s): Home Phone : Worf</ Message Phone: E-mail: (Optional) n New Lease n Extension n Renewal Zip Code: Zip Cod e: Type of Appl icant I I Individual (at least 18 years of age) 0 Partnership Corporation I Gov ernment n Limited Liability Co mpany (LLC) I Other Property Information and Term Requested Lega l description of property (or, if subdivision is required , a brief description of property): Does the property require subdivision? (rf Yes, answer next questions) UYES _J NO Subdivision costs are the responsibility of th e applicant unless the City Council determines a subdivision serves oth er City purposes : 1. Do you believe the proposed subdivision would serve other City purposes? nYES INO 2. If determined it does not, applicant is responsible for all subdivision costs . Initials If an appraisal is requ i red to determ ine the min imum price on the land, app licant is responsib le for the deposit to cover costs associated with appraisal. If a sale is approved , the cost of the Initials appraisal will be either refunded or credited to the appl icant It is the respons ibility of the applicant to cover recording costs associated with lease . Initials Do you have or have you ever had a Lease with the City? (if Yes, answer next question ) DYES _J NO 1. Legal or brief description of property leased : Request a Lease with an Option to Purchase once development requirements are met? IYES INO Requested term for Initial Lease or Renewal (based on Term Table , not to exceed 45 years): Requested term for Lease Extension (based on Tem1 Table, not to exceed a total of 45 Years): Requested Starting Date· Proposed Use and Improvements Proposed Use (check one): I Aeronautical I Non-Aeronautical Do you plan to construct new or add itional improvements? (if Yes. answer next five questons) 1. Wi ll the im provement change or alter the use under an existing lease? 2. What is the proposed use of the i mprovemen t? 3 . What is the estimated value of the improvement? 4 . What is the nature and type of improvement? 5. What are the dates construction is est imated to commence and be completed? (g enera lly, construction must be completed with in tv.'O years ) Estimated Start Date : Estimated Comp let ion Da te: Describe the proposed bus iness or activity i ntended : LYES _J NO IYES I NO How does the proposed lease support a t hri ving bus iness , residentia l, recreational, or cultura l commun ity? Lease Assi~nment On ly: What is the name of the individual or legaJ enti ty the lease i s to be assigned? lease Renewal Only I Renewa l of an Ex isting Lease (at least one year of term remaining ): Requ ires new development. Lease Term based on : Estimated cost of new improvements and I Purchase Price (optional) I Renewa l of an Expiring Lease (less than one year of term rema ining): Does not requ ire new development. Lease Term based on : I Purchase Price Professional Estimate of Remai ning Useful Life I Fair Market Value appra isa l and/or I Estimated cost of new improveme nts (opt ional) Requested Term for Re newa l Based on Tem1 Table. not to exceed 45 Years : Submitting 3 n a pphc.lti o n for a l e.lse does not g ive the 3pphea nt 3 nght to l e.lSe or use th e 13 'ld requested i n the 3ppl cation. The appltc..Jtiori sh.JI! e xp i re twelve ( 12) months 3f:er the d.lte the 3pphc3uon h 3s been m .lde 1f the C ity 3 n d the apphcant h .lve not. by th.lt nme. e nter ed into 3 use. unless the City Counol for good c.luse g r 3nts 3n exten sion for 3 period n ot to e xceed si x (6 ) months. The City h as n o ob .1g3 1lon to .lmend. renew o r extend a le.lse .lnd may ded1ne to do so upon making specific ~nd1 ng s .ls to w h y a le3se renew3 . extension. or a m eridment 1s not 1n the best interest of the City Signature : Prin t Na me: Fo r City Use Only: 0 General Fund 0 Airport Fund Account Numbe r: D Airport Reserve Land 0 Outside Airport Reserve Date : Title: Date Application Fee Received Date Application De termined Complete . 30-Day Notice Publication Date : City Council Actaon/Resol utton 95 96 Kenai City Council - Regular Meeting Page 1 of 4 March 17, 2021 Kenai City Council - Regular Meeting March 17, 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) C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) D. PUBLIC HEARINGS 6. ADOPTED UNANIMOUSLY. Resolution No. 2021-18 - Authorizing an Amendment of the Shop Local Economic Stimulus Program to Extend the Dates of the Program and Authorizing the City Manager to Execute an Amendment to the Professional Services Agreement with the Kenai Chamber of Commerce and Visitor Center for Administration of the Program. 1. ENACTED UNANIMOUSLY. Ordinance No. 3195-2021 - Accepting and Appropriating Funds in the Airport Fund, and Accepting Grants from the Federal Aviation Administration Under the Coronavirus Response and Relief Supplemental Appropriation Act, 2021. 2. ADOPTED UNANIMOUSLY AS AMENDED. Resolution No. 2021-14 - Further Extending the Disaster Emergency Declaration for the City of Kenai Made on March 18, 2020 in Response to the COVID-19 Health Emergency. 3. ADOPTED UNANIMOUSLY. Resolution No. 2021-15 - Approving Development Incentives Per Kenai Municipal Code 21.10.100. for a Lease of Airport Reserve Lands Between the City of Kenai and Alaska Air Fuel, Inc. on 2.52± Acre Portion of Lot 5, FBO Subdivision No. 8. 97 Kenai City Council - Regular Meeting Page 2 of 4 March 17, 2021 4. ADOPTED UNANIMOUSLY. Resolution No. 2021-16 - Approving an Application Extension Until October 8, 2021 Per Kenai Municipal Code 21.10.050 for Alaska Air Fuel, Inc. for a 2.52± Acre Portion of Lot 5, FBO Subdivision No. 8. 5. ADOPTED UNANIMOUSLY. Resolution No. 2021-17 - Authorizing a Budget Transfer Within the General Fund – Buildings Division for Professional Services as a Result of Personnel Vacancy. 7. ADOPTED UNANIMOUSLY. Resolution No. 2021-19 - Authorizing an Agreement for Professional Engineering Services to Begin Assessments for the Master Plan for Water & Sewer Facilities and Equipment. E. MINUTES 1. APPROVED BY THE CONSENT AGENDA. *Regular Meeting of March 3, 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. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 4/7/2021. *Ordinance No. 3196-2021 - Accepting and Appropriating Federal Funds from the Institute of Museum and Library Services Passed Through the Alaska State Library for Employee Training. 4. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 4/7/2021. *Ordinance No. 3197-2021 - Amending Kenai Municipal Code Section 23.50.010 - Employee Classification, to Amend the Class, Title, and Range, to Include a Capital Projects Manager. 5. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 4/7/2021. *Ordinance No. 3198-2021 - Amending Kenai Municipal Code Section 1.15.130 - Telephonic Participation, to Provide for Remote Electronic Participation. 6. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 4/7/2021. *Ordinance No. 3199-2021 - Conditionally Waiving Certain Provisions of Title 17- Public Utilities and Enterprises, Related to Penalty, Interest and Shutoff for Nonpayment of Fees for Water and Sewer Utility Customers that Certified to the City That They Were Impacted by COVID-19 Pursuant to the City Manager’s Executive Order No. 2 During the Effective Period of the City’s Emergency Disaster Declaration. 7. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 4/7/2021. *Ordinance No. 3200-2021 - Accepting and Appropriating an Amendment to 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. 98 Kenai City Council - Regular Meeting Page 3 of 4 March 17, 2021 8. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 4/7/2021. *Ordinance No. 3201-2021 - Increasing Estimated Revenues and Appropriations in the Airport Fund and Appropriating Funds in the Airport Snow Removal Equipment Capital Project Fund for the Purchase of Snow Removal Equipment – Multi-Purpose Broom/Blower. 9. APPROVED UNANIMOUSLY. Action/Approval - Special Use Permit to Alaska Air Fuel, Inc. for Office, Parking and Utilities. 10. Discussion - COVID-19 Response. 11. SET FOR 4/20/2021 AND 4/22/2021. Discussion - Set Meetings for Council Personnel Evaluations. H. COMMISSION / COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Parks and Recreation Commission 5. Planning and 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 99 Kenai City Council - Regular Meeting Page 4 of 4 March 17, 2021 1. Purchase Orders Between $2,500 and $15,000 2. Kenai Peninsula Orchestra Letter of Thanks 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/85021157210 Meeting ID: 850 2115 7210 Passcode: 245673 OR Dial In: (253) 215-8782 or (301) 715-8592 Meeting ID: 850 2115 7210 Passcode: 245673 100 City of Kenai I 210 l=idalgo Ave, Kenai, AK 99611-77941907.283.7535 I www.kenai.c ity MEMORANDUM TO: THROUGH: FROM: DATE: SUBJECT: Mayor Brian Gabriel and Kenai City Council Paul Ostrander, City Manager Mary Bondurant , Airport Manager March 8, 2021 Airport Mid-Month Report March 2021 2019 Alaska Fire Training Facility Rehabilitation & Acquire Aircraft Rescue and Firefighting Trucks (ARFF) -This project has reached the closeout stage. The two OSHKOSH ARFF vehicles are scheduled for delivery in July 2021. 2020 Land Acquisition -The ALP updates have been made and will be available for City Administration review the week of March 15 , 2021 . After City review, the updated pages will be submitted to the FAA for review and approval. 2020 Sand/SRE Storage Building -This project is ramping up for the spring start-up. Project is schedu led for completion in fall of 2021 . In-house Activities: Airport Administration and Operations Staff • Updated Airport Emergency Control Plan is being distributed to all plan participants. • The City has received two grant applications from the FAA tota ling $1 ,303 ,238 from the Coronavirus Response and Relief Supplemental Appropriation Act , 2021 (CRSSA). • City Administration met with FAA officials on March 4, 2021, to discuss and review the 5- year Airport Capital Improvement Plan . The FAA is in support of the proposed plan. • Working on revisions to the Airport 's FY22 budget narratives . • The Kenai Airport land brochure is being updated and will soon be sent to the printer. • The Operations crew continues to perform snow and ice operations due to the long winter season with many sn ow events . • Designing a new sign for the Float Plane Basin that h ighlights sites to see in the City of Kenai. 101 JC Sponsored by : Administration K(;NAI CITY OF KENAI RESOLUTION NO. 2021-22 A RESOLUTION OF THE CITY OF KENAI, ALASKA, AUTHORIZING A BUDGET TRANSFER IN THE AIRPORT FUND, AIRFIELD DEPARTMENT AND AUTHORIZING AWARD OF A CONTRACT FOR SAND SCREENING. WHEREAS, Ordinance No. 3182-2021 passed at the February 17, 2021, appropriated $50,000 from the Airport Special Revenue Fund to advertise a bid seeking assistance with the screening of Airport owned sand for snow and ice control; and, WHEREAS , on February 21 , 2021 , a formal invitation to bid was released for a contract to screen 6,000 CY of Airport owned sand that meets FAA specifications with bids due on March 24, 2021 ; and , WHEREAS , two responsive bids were received: Contractor Lump Sum Bid Triangle Recycling, LLC $ 58,800 Dibble Creek Rock Ltd . $ 96 ,000 ; and , WHEREAS , additional funds are necessary to award the bid and sufficient funds are available in the Airport Special Revenue Fund ; and , WHEREAS , award of a contract to Triangle Recycling , LLC , the lowest responsive bidder, is in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA: Section 1. That the following budget revision is authorized. Airport Fund: Decrease Expenditures : Airfield -Repair & Maintenance $ 8,800 Increase Expenditures : Airfield -Operating & Repair Supplies $.JL8Q.Q Section 2. That the City Manager is authorized to execute a contract with Triangle Recycling, LLC in the amount of $58,800 for screening of Airport-owned sand for use during winter operations at the Kenai Municipal Airport. Section 3. That this resolution takes effect immediately upon passage. 102 City of Kenai I 210 l=idalgo Ave, Kenai, AK 99611-77941907.283.7535 I www.kena i.cit y MEMORANDUM TO: THROUGH: FROM: DATE: SUBJECT: Mayor Gabriel and Council Members Paul Ostrander, City Manager Mary Bondurant, Airport Manager March 29, 2021 Resolution No. 2021-22 -Authorizing Award of a Contract for Sand Screening In efforts to reduce Airfield operating costs, a formal In vitation to Bid was advertised on February 21, 2021 seeking assistance with screening Airport owned sand to meet the Federal Aviation Administration (FAA) recommendations of Advisory Circular 150/5200-300. Meeting these specifications will allow the Airport to use the sand for snow and ice control on the Airport. The Airport has previously rented a screening plant and screened the sand ourselves over the past three years. However, the company so ld the screening plant, and the Airport paid approximately $30 ,000 for 1,5 00 CY of FAA spec 'd sand in FY21 . A sand stockp il e of 6,000 CY will give the Airport 3-4 years of sand , representing a cost savings of approximately $60,000. Thank you for your consideration. 103 )(? Sponsored by: Administration K(;NAI CITY OF KENAI ORDINANCE NO. 3201-2021 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE AIRPORT FUND AND APPROPRIATING FUNDS IN THE AIRPORT SNOW REMOVAL EQUIPMENT CAPITAL PROJECT FUND FOR THE PURCHASE OF SNOW REMOVAL EQUIPMENT -MUL Tl- PURPOSE BROOM/BLOWER. WHEREAS, the 1993 OSHKOSH Multi-purpose broom/blower is out-of-service and has exceeded its useful life; and , WHEREAS , this multi-purpose unit has had the engine rebuilt three times and requ ires another engine and clutch rebuild with repairs starting at $45,000; and, WHEREAS, this multi-purpose unit was scheduled for replacement in FY22; however, due to the extensive and costly repairs needed, the Federal Aviation Administration (FAA) supports adding the replacement of this unit to the FY21 program ; and , WHEREAS , new and reliable equipment w ill improve the Airport's capability to effectively address snow and ice conditions with dependable equipment aiding safe aircraft operations; and, WHEREAS, snow removal equipment is Airport Capital Improvement Plan {AIP) eligible and grant funds are expected in the spring of 2021 ; and, WHEREAS, the City intends to advertise an Invitation to Bid in April 2021 to have a bid in hand for the grant application in May 2021; and , WHEREAS, at that time a follow-up ordinance will be provided to Council showing the final costs, appropriating the FAA grant funds, and City share; and, WHEREAS, this appropriation is in the best interest of the City. NOW , THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA, as follows : Section 1. That the estimated revenues and appropriations be increased as follows: Airport Special Revenue Fund : Increase Estimated Revenues - Appropriation of Fund Balance Increase Appropriations - $800.000 104 Ordinance No . 3201-2021 Page 2 of 2 Transfer to Airport Snow Removal Equipment Capital Fund $800.000 Airport Snow Removal Capital Project Fund : Increase Estimated Revenues - Transfer from Airport Special Revenue Fund Increase Appropriations - Equipment $800 .000 $800.000 Section 2. Severability : 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. Section 3 Effective Date: That pursuant to KMC 1. 15 .0?0(f), this ordinance shall take effect immediately upon enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of April, 2021 ATTEST: Jamie Heinz, CMC, City Clerk Approved by Finance: .h ~ ~ BRIAN GABRIEL SR., MAYOR Introduced : March 17 , 2021 Enacted : April 7, 2021 Effective : April 7, 2021 New Text Underlined : [DELETE D T EXT BRACKETED) 105 City of Kenai I 210 f=ida lgo A ve, Kenai, AK 996 11 -77941907.283.7535 I www.kena i.city MEMORANDUM TO: THROUGH: FROM: DATE: SUBJECT: Mayor Gabriel and Council Members Paul Ostrander, City Manager Mary Bondurant, Airport Manager March 9, 2021 Ordinance No. 3201-202 1 -Fund Appropriation for Airport Snow Removal Equipment The Airport is proposing to advertise an Invitation to Bid in Apri l 2021 for a new piece of Snow Removal Equipment (SRE). The 1993 Oshkosh Multipurpose unit has e xceeded its usefu l life, and repairs again are extensive and costly. This unit was scheduled in the Airport Cap ital Improvement Plan for replacement in FY22 ; however, it is down and out of serv ice . We are electing to move forward as soon as possible for replacement due to the 300 day build time on this unit. The Airport is down to one snow blowe r. The FAA is in full support of the adding of this pop-up proj ect to the FY21 program and provided d irection to move forward with an Invitation to Bid. The timeline for submitting FY21 grant applications is May 3, 2021 . Thank you for your consideration . 106 February Enplanement Report February 2021 3,112 Municipal Airport Month Januarv Februa rv March April May June July August September October November December Totals FY20 FY21 25000 22500 20000 17500 15000 12500 10000 7500 5000 25 00 0 Grant 1,476 47.43% RAVN ALASKA 1,606 1,636 3,242 GRANT AVIATION 1,783 1,476 3,259 Total 2020 2021 3,389 6 ,390 3 ,112 5,930 1,317 359 702 1,367 2,445 3,063 2,806 2,606 2,366 3,080 6 ,501 32,431 Terminal ·Vehicle Parking Revenues Februa $15,445 FY20 Total $171,739 $8,373 FY21 YTD $57,306 ~ Vehicle Parking Revenues I •I ~ 'I ~ 'I :I l ~ • I • I I I •FY20 • FY21 Change from 2020 -3,001 -2,818 -5 ,819 Ravn 1,636 52.57% 107 ;e Sponsored by: Administration KI;NAI CITY OF KENAI RESOLUTION NO. 2021-21 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI , ALASKA APPROVING DEVELOPMENT INCENTIVES FOR A LEASE OF AIRPORT RESERVE LANDS FOR SCHILLING RENTALS , LLC ., ON LOT 5A, BLOCK 1, FBO SUBDIVISION 2018 REPLAT. WHEREAS, the Kenai City Council approved of a 45-year lease application from Schilling Rentals on March 18, 2020, for Lot 5A, Block 1, FBO Subdivision 2018 Replat to be used as a hangar for rotor and fixed wing aircraft and crew quarters; and, WHEREAS , Schilling Rentals submitted an application for temporary development incentives that meets requirements of Kenai Municipal Code 21 .10.100 , Temporary Development Incentives , on March 26, 2021 ; and, WHEREAS, Schilling Rentals has provided an estimated value of $200,000 for the following eligible work activities: clearing and grubbing, unclassified excavation, classified excavation , and utility extensions; and , WHEREAS , Kenai Municipal Code 21.10 .100 requires Council approval of temporary development incentives; 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 RESOLVED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA, as follows: Section 1. That the temporary development incentives with an estimated value of $200,000 for the following eligible work activities : clearing and grubbing , unclassified excavation , classified excavation , and utility extensions is approved for credit for temporary development incentives . Credit may be applied towards rent for a maximum of five (5) years . Section 2. That this Resolut ion takes effect immediately upon passage . PASSED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA, this ?'h day of April, 2021 . BRIAN GABRIEL SR., MAYOR ATTEST : Jamie Heinz, MMC , City Clerk 108 City of Kenai I 210 l=idalgo Ave , Kenai, AK 99611 -7794 1907.283.7535 I www.kenai.ci ly MEMORANDUM TO: THROUGH: FROM: DATE: SUBJECT: Mayor Brian Gabriel and Kenai City Council Paul Ostrander, City Manager Ryan Foster, Planning Director March 30, 2021 Resolution No. 2021-21 -Approving Development Incentives for a Lease to Schilling Rentals City Counci l approved a 45-year lease appli cation from Schilling Rentals on March 18 , 2020 , for Lot 5A, Block 1, FBO Subdivision 2018 Replat to be used as a hangar for rotor and fixed -wing aircraft and crew quarters . A lease has been delivered to Schilling Rentals, and Council approved a lease execution extension to May 31 , 2021 due to unforeseen circumstances of the COVID-19 public health emergency and its impact on business plans. Kenai Municipal Code 21.10.100 requires Counci l approval of temporary development incentives. This resolution will approve development incentives for this lease. A Development Incentive Application was received on March 26, 2021 for an estimated value of $200,000 for the following eligible work activities: clearing and grubbing, unclassified excavation, classified excavation, and utility extensions. If approved by Council, the applicant will still need to provide an estimate of the value of the work, including a scope of work, prepared by a qualified engineer licensed to work in Alaska to the City and accepted prior to work being performed. In addition, a certification from a qualified engineer that the accepted scope of work has been completed must be provided to the City and accepted at the completion of the site preparation work in order for the credit to be appli ed towards rent for a maxim um of 5 years . The annual rent for the first year of the lease is $13, 114.88. Thank yo u for your consideration. Attachment: City of Kenai Lease Development Ince nti ve Application received March 26, 2021 from Schilling Rentals 109 City of Kenai Lease Development Incentive Application jApplication Date: Applicant Information Name of Applicant: SCHILLING RENTALS LLC Mailing Address: PO BOX 3426 !city: KENAI !state: IAK lzip Code:l 99611 Phone Number(s): Home Phone: Work/ Message Phone : 907-283-7556 E-mail: (Optional) admin@schillingrentalsllc.com Lease Information Eligible development To qualify for a lease credit toward rent for a maximum of five years, an applicant for a new lease, extension, or renewal must complete commercial development on the property within two years to receive the credit, which is based on the value of site preparation work on the leased premises. Examples of eligible work include : clearing and grubbing, unclassified excavation, classified fill and back fill , and utility extensions. Required documentation 1 . An estimate of the value of the work, including a scope of work, prepared by a qualified engineer licensed to work in Alaska must be provided to the City and accepted prior to work being performed . Any changes to the estimate must be provided to the City and accepted prior to work being performed to be eligible for the credit. 2. A certification from a qualified engineer that the accepted scope of work has been completed must be provided to the City and accepted at the completion of the work for the credit to be applied. Application is for: D Existing Lease Property (E] New Land Lease Application Description of property: 413 N WILLOW ST. Description of work to be completed: (E] Clearing and grubbing (E] Unclassified Excavation (E] Classified Excavation (E] Utility Extensions D Other: Estimated value of work: $200,000.00 Estimated start date: Estimated completion date: Attachment(s): D Scope of work D Other: By signing and dating below, the applicant agrees to fulfill the above requirements and understands that if these requirements are not met, the applicant will not be eligible for a development credit toward rent. Signature: Print Name: For City Use Only: 0 General Fund 0 Airport Fund MICHAEL SCHILLING 0 Airport Reserve Land 0 Outside Airport Reserve Date: 3/26/2021 Title: MEMBER Date Application Received : Date Scope of Work Approved: Amount of Credit Applied : 110 Lease Application 413 North Willow Street Kenai Peninsula Borough Parcel #: 04336049 Lot 5A, FBO Subdivision 2018 Replat February 2020 / J 111 Mary Bondurant From: Sent: To: Cc: Subject: Warden, Kristi (FAA) <Kristi.Warden@faa.gov> Friday, March 5, 2021 9:38 AM John.Binder; roger.maggard@alaska.gov; patty.wahto@jnuairport.com; Paul Ostrander; Mary Bondurant; william.falsey@anchorageak.gov; squeen@soldotna.org; 'nwallace@palmerak.org '; info@north-slope.org; 'Ken F. Green'; mayor@ci.wasilla.ak.us; agiddings@ci.wasilla.ak.us; d.cleveland@kwinhagak.org; f.cleveland@kwinhagak.org ; hugh.bevan@cityofsitka.org; venetietribal@hotmail.com; nenanamayor@gmail.com; nenanaclerk@gmail.com; Elizabeth Church ; Frank Kelly Clark, Rodney (FAA) Important information about your role in preventing human tracking CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, esp ecially from unknown senders . Airport Sponsors - Please see the below email from Winsome Lenfert, our Acting FAA Associate Administrator for Airports: The leadership of the United States Department of Transportation (DOT) deeply appreciates that more than 150 airports have already pledged to collaborate with Federal, state and local agencies as well as industry associations, airlines and other commercial entities, and many other stakeholders to help combat human trafficking. Human trafficking is a form of modern day slavery that involves the use of force, fraud , or coercion to obtain labor or a commercial sex act. The crime is a multi-billion-dollar enterprise affecting 24.9 million men , women , and children globally according to the International Labor Organization, with intersections across all modes of transportation, including the aviation sector. When equipped with the knowledge to recognize and report potential instances of human trafficking , aviation stakeholders (such as airports, airlines , contract personnel , and concessionaires) can play an important role in helping to intercept and stop human trafficking. To address the intersection of human trafficking and transportation , the Department of Transportation (DOT) offers two initiatives : Transportation Leaders Against Human Trafficking DOT's Transportat ion Leaders Against Hu ma n T rafficking (TLAH T) initiative maximizes the transportation industry's collective impact in combating human trafficking. TLAHT's 500+ partne rs , including airports and airlines , take action by issuing leadership statements, signing pledges, developing reporting protocols , training over 1.3 million employees, and conducting public awareness campaigns. To support TLAHT partners , modal logos and posters are made available digitally for stakeholders to customize and print, or to use as a reference in developing your own public awareness materials . DOT also cobrands public awareness campaigns by TLAHT partners, such as A21 's Ca n You See Me? public awareness campaign that was conducted at Dallas Fort Worth, O 'Hare, JFK, LaGuardia, and Dulles airports with videos and posters. Airports, airlines , contract personnel, concessionaires, and other aviation stakeholders interested in becoming TLAHT partners can sign the TLAHT pledge. Blue Lightning Initiative The Blue Lightning Initiative (www.transportation.gov/admi nistrations/office-pol icy/b lu e-li ghtn ing-i niti ative ) (BLI), led by DOT, the Department of Homeland Security, and U.S. Customs and Border Protection, is an element of the OHS Blue Campaign. BLI provides aviation industry personnel with a voluntary mechanism to 112 identify potential human trafficking victims and notify federal authorities. To date , more than 100 , 000 personnel in the aviation industry have been trained through BU, and actionable tips continue to be reported to law enforcement. The training provides Part 121 and 135 operators with an easy means of fu lfilling the statutory requirement to provide flight attendants and certain customer service personnel w ith training regarding recognizing and responding to potential human trafficking victims . BU materials include the training , posters, a pocket guide, a lanyard card , and ads. To learn more about the program , and to watch a 3-minute video previewing the training , visit the Blue Lightning Initiative page. Airports, airlines, and aviation industry organizations interested in becoming BU partners can send an email to both trafficking@dot.gov and bluecampaign@ hq.dhs .gov. Thank you in advance for your continued help in educating the people you work with about this critical problem . Winsome A. Lenfert Associate Administrator for Airports Kristi A. Warden Director, Alaskan Region Airports Division Telephone: 907-271-5443 Fax: 907-271-2851 222 West 7th Avenue, MS #14 Anchorage , AK 99513-7587 2 113