HomeMy WebLinkAboutOrdinance No. 3250-2021""OTC"
KENAI
CITY OF KENAI
ORDINANCE NO. 3250-2021
Sponsored by: Administration
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING
ESTIMATED REVENUES AND APPROPRIATIONS IN THE CONGREGATE HOUSING
ENTERPRISE FUND AND AWARDING A CONTRACT FOR A RESIDENT MAINTENANCE
MANAGER FOR THE VINTAGE POINTE, CONGREGATE HOUSING FACILITY.
WHEREAS, the City recently completed a request for proposal for an on-site resident
maintenance manager for Vintage Pointe Manor, Congregate Housing Facility; and,
WHEREAS, the estimated annual cost for resident (on-site) maintenance manager services is
$74,004; and,
WHEREAS, the adopted FY2022 Budget included $61,260 for these services, an insufficient
amount to award an agreement, requiring supplemental funding prior to award; and,
WHEREAS, supplemental funding of $9,600 is required for award of the agreement for the
remaining 9 months of FY22 and is available from the Congregate Housing Enterprise Fund's
retained earnings; and,
WHEREAS, Sadler Property Management submitted the only proposal to provide resident
maintenance management services; and,
WHEREAS, review of Sadler Property Management's proposal showed it to be responsive and
reasonable and the administration recommends award of an agreement to Sadler Property
Management for resident (on-site) management services; and,
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:
Congregate Housing Fund:
Increase Estimated Revenues —
Appropriation of Retained Earnings $9.600
Increase Appropriations —
Professional Services
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Section 2. That the City Manager is authorized to execute a contract for the Resident
Maintenance Manager for the Vintage Pointe Congregate Housing Facility with Sadler Property
Ordinance No. 3250-2021
Page 2 of 2
Management for the remainder of Fiscal Year 2022 in the amount of $55,503 and for Fiscal Years
2023 and 2024 and for two successive one year extensions by mutual agreement, in the amount
of $74,004 annually.
Section 3. 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 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect
immediately upon enactment.
ENACTED BYTHE COUNCIL OFTHE CITY
ATTEST:
Jamie Heinz, MMC, City Clerk
Approved by Finance:
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ALASKA, this 20th day of October, 2021.
GABRIEL SR., MAYOR
KEN4i
Introduced: October 6, 2021
Enacted: October 20, 2021
Effective: October 20, 2021
New Text Underlined; [DELETED TEXT BRACKETED]
KENAI
City of Kenai 1210 Fidalgo Ave, Kenai, AK 99611-7794 1 907.283.7535 I www.kenai.city
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Paul Ostrander, City Manager
FROM: Kathy Romain, Senior Center Director
DATE: September 28, 2021
SUBJECT: Ordinance 3250-2021 Supplemental Appropriations
Pursuant to KMC, a Request for Proposal was completed for the on-site maintenance manager
for Vintage Pointe Manor, Congregate Housing Facility. Sadler Property Management submitted
the only proposal and the negotiated amount increased from the previous proposal of 2016. The
FY2022 Budget will require a budget revision and supplemental appropriation prior to awarding
the contract.
Since 2011, Bill Sadler, dba Sadler Property Management has been the on-site maintenance
contractor for Vintage Pointe Manor. He remains dedicated to maintaining our senior housing
facility and supporting the residents.
Your support for the Ordinance 3250-2021 and contract is greatly appreciated.
Thank you.
K I N A
Kenai Senior Center) 361 Senior Q., Kenai, AK 996111907.283.4156 1 www1enakify
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Paul Ostrander, City Manager
FROM: Kathy Romain, Senior Center Director
DATE: October 14, 2021
SUBJECT: Ordinance 3250-2021 Requested Amendment
The purpose of this memo is to request an amendment to Ordinance 3250-2021. The original
ordinance does not include the necessary language to allow the City Manager to award the
contract.
The following amendment is respectfully requested.
Motion
Add a new Section 2 that reads:
And renumber the current Sections 2 and 3 to 3 and 4.
Thank you for your consideration.
AGREEMENT FOR CONTRACT SERVICES
FOR VINTAGE POINTE MANOR CONGREGATE HOUSING FACILITY
THIS AGREEMENT For Contract Services is made by and between the City of
Kenai (Owner), whose address is 210 Fidalgo Avenue, Kenai, Alaska, 99611-7794, and
William Sadler (Contractor) whose address is 381 Senior Court, Apt. 106, Kenai, Alaska
99611.
WHEREAS, Owner desires to contract for on-site facility management services for
the Vintage Pointe Manor Congregate Housing Facility, located at 381 Senior Court; and,
WHEREAS, Contractor is in the business of providing professional facilities
management services and desires to enter an agreement with the City of Kenai to provide
those services.
NOW, THEREFORE, the parties hereto agree as follows:
1. Beginning on October 1, 2021, and ending on June 30, 2024, (two years and
nine months term) unless terminated earlier pursuant to this Agreement, Contractor shall
provide and perform for Owner the services described in Attachment A "Specifications For
Agreement For Contract Services Vintage Pointe Manor Congregate Housing Facility" for
the Vintage Pointe Manor (the Premises), and the Contractor's Proposal dated September
19, 2021, a copy of which is attached and by this reference fully incorporated herein. This
Agreement may be extended for two successive one-year terms by mutual written consent
of Owner and Contractor. Contractor shall be paid by the City an annual amount of
$74,004, paid on a monthly basis and prorated for any partial year period.
2. In the event of any inconsistency or conflict between this Agreement, the
Specifications For Agreement For Contract Services Vintage Pointe Manor Congregate
Housing Facility (Attachment A), and the Contractors Proposal Dated September 19, 2021,
the documents shall have the following order of precedence: the Agreement controls over
Attachment A and the Proposal, and Attachment A controls over the Proposal.
3. Any personnel furnished by Contractor shall be employees of Contractor,
and Contractor shall pay all salaries and expenses of, and all federal social security taxes,
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Agreement for Contract Services — Vintage Pointe Congregate Housing Page 1 of 8
federal and state unemployment taxes, and any similar payroll taxes relating to such
employees. Contractor acknowledges and agrees that Contractor provides services
hereunder solely as an independent contractor. Contractor will not at any time, directly or
indirectly, act as an agent, servant, or employee of Owner, nor will Contractor make any
commitments or incur any liabilities on behalf of Owner without Owner's express written
consent.
4. Contractor shall provide all proper safeguards and assume all risks incurred
in performing the services to be provided under this Agreement.
5. Throughout the life of this Agreement Contractor shall, at Contractor's own
expense, secure and keep in force the following insurance:
a. Comprehensive general liability insurance, including premises, all
operations, property damage, personal injury and death, broad -form
contractual coverage with a per occurrence limit of not less than FIVE
HUNDRED THOUSDAND DOLLARS ($500,000) combined single
limit, and automobile liability insurance with minimum coverage of
$1,000,000 combined single limit bodily injury and property damage
per occurrence. This insurance shall be primary and exclusive of any
other insurance carried by the City of Kenai. The comprehensive
general liability insurance shall be without limitation on the time
within which the resulting loss, damage, or injury is actually
sustained; and,
b. Per Alaska State Statutes, Worker's Compensation and Employers
Liability Insurance shall be provided for all employees who are
performing work under this contract.
Where specific limits are stated, the limits are the minimum acceptable limits. If
Contractor's insurance policy contains higher limits, Owner is entitled to coverage to the
extent of the higher limits.
All insurance shall meet the following additional requirements:
a. Certificate(s) of Insurance shall be provided by Contractor and all
subcontractors, or their Insurance Companies and/or their Agents, naming
the City of Kenai as an additional insured for the work specified in this
contract with a waiver of subrogation for commercial general liability
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Agreement for Contract Services — Vintage Pointe Congregate Housing Page 2 of 8
insurance and automobile liability insurance. The certificates of insurance
must reference the specific contract by name and project number. Workers
compensation insurance must be endorsed for waiver of subrogation against
the City. Certificates of Insurance, acceptable in form and content, will be
delivered to Owner at the address designated for legal service in the
agreement, at or prior to presentation of the contract for execution by owner.
b. There shall be no cancellation or material change of the insurance coverage,
or intent not to renew the insurance coverage's as specified in this contract,
without thirty (30) days prior written notice to the City of Kenai. Notice of
cancellation, material change in coverage, or intent not to renew will be
delivered to the address designated for legal notice in the agreement.
C. Upon renewal or change in policies during the contract, Certificates of
Insurance shall be delivered to the address designated for legal notice in the
agreement
d. Be issued by a company/corporation currently rated "A -"or better by A.M.
Best.
f 6. Without limiting the responsibility, Contractor agrees to abide by the terms
of the standard lease agreement for tenants at the Premises, and any applicable rules or
regulations (except as may be expressly modified herein), and further agrees that the failure
of Contractor, or of any other persons residing in the Contractor's apartment provided for
under this Agreement, or of Contractor's employees to do so, is cause for Owner to
terminate this Agreement. All Employees not identified in the Contractor's proposal and
previously approved by Owner must be separately approved by Owner prior to Working at
Vintage Pointe Manor.
7. Contractor agrees that because this Agreement requires regular contact with
potentially vulnerable adults and because this Agreement requires access to all portions of
the premises, Contractor's work hereunder is subject to and contingent upon a satisfactory
background check of all personnel, including owners and employees who will perform
work under this Agreement. Contractor shall provide any and/or all releases and other
documentation required for Owner to perform criminal and other background checks.
8. Contractor agrees that the facility manager services to be provided hereunder
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shall be performed by qualified, careful, and efficient personnel in strict conformity with
the best practices and highest applicable industry standards. Contractor agrees that all
contractors' personnel shall follow the policies of the City of Kenai relating to the operation
of Vintage Pointe Manor. Contractor shall be available to report and confer with the Senior
Center Director with respect to services rendered. Contractor is at all times responsible for
the direct supervision of Contractor's personnel.
In exchange for performance of services hereunder, Owner shall make payment upon
proper invoicing from Contractor for services rendered as provided in Contractor's
Proposal dated June 3, 2016 and Attachment A, Specifications For Agreement For Contract
Services Vintage Pointe Manor Congregate Housing Facility.
9. Contractor must make timely payments for Apartment 106 rent as provided
in Attachment A, Specifications For Agreement For Contract Services Vintage Pointe
Manor Congregate Housing Facility. Failure to make timely payments shall be cause for
termination of this Agreement and Eviction.
10. Contractor shall perform all services required hereunder, except when
prevented by strike, lockout, act of God, accident, or other circumstances beyond
Contractor's control.
11. The contractor shall indemnify, hold harmless, and defend the City at its own
expense from and against any and all claims, losses, damages or expenses, including
reasonable attorney's fees, of, or liability for, any wrongful or negligent acts, errors, or
omissions of the contractor, its officers, agents or employees, or any subcontractor under
this contract. The contractor shall not be required to defend or indemnify the City for any
claims of, or liability for, any wrongful or negligent act, error, or omission solely due to
the independent negligence of the City. If there is a claim of, or liability for, the joint
negligence of the contractor and the independent negligence of the City, the
indemnification and hold harmless obligation shall be apportioned on a comparative fault
basis. Apportionment shall be determined upon final determination of percentage of
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fault. If any such determination is by settlement, the percentage of fault attributed to each
party for purposes of this indemnification provision shall only be binding upon the parties
included in the settlement agreement. "Contractor" and "City" as used in this article
include the employees, agents, officers, directors, and other contractors who are directly
responsible, respectively, to each. The term "independent negligence of the City" is
negligence other than in the City's selection, administration, monitoring, or controlling of
the contractor and in approving or accepting the contractor's work.
12. This Agreement may be terminated with cause by giving fifteen (15) days'
written notice addressed to the other party. This Agreement may be terminated without
cause upon thirty (30) days' written notice.
13. Contractor agrees to keep office hours from 8:00 a.m. to 12:00 p.m., Monday
through Friday and be on call and available during other hours.
14. No person under the age of eighteen (18) years of age may reside in
Contractor's apartment.
15. Contractor is required to abide by all rules and regulations governing the
Tenants of the Premises, except for the senior citizen age eligibility requirements.
16. Contractor shall not keep pets of any kind in contractor's apartment, nor are
pets allowed on the Premises.
17. This Agreement may not be assigned to any other person or entity without
written approval by Owner.
18. Any and all notices required or permitted under this Agreement shall be in
writing and hand -delivered or mailed by first-class mail, postage prepaid, to the following
addresses:
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To Owner: To Contractor:
Kathy Romain
Senior Center Director
361 Senior Court
Kenai, AK 99611
(907) 283-4156
William Sadler
Vintage Pointe Onsite Contractor
381 Senior Court, Apt #106
Kenai, AK 99611
( 907 ) 953-0092
Either party may change its address for notice by giving notice as provided herein to the
other party. Notice is effective upon hand -delivery or three days after deposit, postage
prepaid, in the United States mail. (This notice provisions does not apply to transmission
of complaints or requests for services by Owner/Administrator to Contractor.)
19. This Agreement, together with the attached Specifications (Attachment A),
contains the entire agreement of the parties. All negotiations, statements, representations,
warranties, and assurances, whether oral or written, which are in any way related to the
subject matter of this Agreement or the performance of either party hereto are merged and
integrated into the terms of this Agreement. This Agreement may not be modified or
amended except by a writing signed by both parties hereto, and any purported amendment
or modification is without effect until reduced to a writing signed by both parties.
20. Contractor shall not discriminate against any person because of the person's
race, religion, color, national origin, age, physical or mental disability, sex, marital status,
change in marital status, pregnancy, parenthood or political affiliation. Permittee
recognizes the right of Owner to take any action necessary to enforce this requirement.
Contractor will furnish services provided under this Agreement on a reasonable, and not
unjustly discriminatory, basis.
21. This Agreement is effective as of the date of the last signature.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
as of the date first above written.
Agreement for Contract Services — Vintage Pointe Congregate Housing Page 6 of 8
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OWNER:
CITY OF KENAI
By:
Paul Ostrander
City Manager
STATE OF ALASKA )
)ss
THIRD JUDICIAL DISTRICT )
Date
The foregoing instrument was acknowledged before me this day of
20_, by Paul Ostrander, City Manager of the City of Kenai, an Alaska
home rule municipality, on behalf of the City.
NOTARY PUBLIC for State of Alaska
My Commission Expires:
CONTRACTOR:
IC
STATE OF ALASKA )
)ss
THIRD JUDICIAL DISTRICT )
Date
The foregoing instrument was acknowledged before me this day of
20, by
NOTARY PUBLIC for State of Alaska
My Commission Expires:
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Agreement for Contract Services — Vintage Pointe Congregate Housing Page 7 of 8
Approved as to Form
by City Attorney
Scott M. Bloom
Agreement for Contract Services — Vintage Pointe Congregate Housing Page 8 of 8
ATTACHMENT A
SPECIFICATIONS FOR AGREEMENT FOR SERVICES
VINTAGE POINTE MANOR CONGREGATE HOUSING FACILITY
Contractor is required to rent apartment #106 within the facility for the tern of the
contract and is responsible for electricity and telephone charges. The Contractor's
personnel performing under the Agreement will reside in the apartment and be
available to provide the services required in these specifications.
2. The Contractor will furnish the necessary equipment and cleaning supplies needed
for the performance of cleaning and maintenance, with the exception of supplies
and equipment already located at the facility.
3. Contractor is responsible for ensuring its employees are thoroughly familiar with
these specifications.
4. The City Manager has designated the City's Director of Senior Services to be the
Contract Administrator on the City's behalf. Contractor will be responsible for
prompt attention to any defective work called to attention by the Contract
Administrator. If complaints regarding building management services are sent to
Contractor by mail, Contractor shall act on the complaint within twenty-four (24)
hours of receipt. If the complaint regarding building management services is
delivered to the Contractor orally by the Contract Administrator, the Contractor
shall act on the complaint on the same day the complaint is delivered. If the
deficiencies are not corrected in the allotted time, the City will arrange to have the
work done and all charges will be deducted from Contractor's monthly payment.
5. Contractor must have a cell phone whereby Contractor can be contacted at any time.
6. Contractor must ensure coverage at all times, and assign and arrange for alternative
coverage anytime primary personnel are off site for twenty-four (24) hours or more.
7. Contractor may be required to meet with the Contract Administrator as needed each
month to conduct an inspection of the premises and discuss performance.
8. Contractor must have a State of Alaska business license and a Kenai Peninsula
Borough sales tax account number.
The following Specifications are subject to change or modification upon agreement
`` between Contractor and City.
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Specifications For Agreement Of Services -Attachment A Page 1 of 6
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DAILY MAINTENANCE
Maintain entry, arctic foyer and common areas on the first, second and third floors.
2. Clean all public rest rooms and replenish all needed supplies.
3. Empty all common area trash receptacles.
4. Keep parking lot and grounds free of debris and trash.
5. Sweep sidewalks and gutters as needed.
6. Keep light fixtures in common areas in working order. City will reimburse
Contractor for lighting supplies.
WEEKLY
1. Prepare a weekly report of general work completed.
2. Prepare a weekly report of tenant concerns and services provided to each tenant.
3. Accept tenant maintenance requests verbally or in writing. Requests will be
completed or scheduled for repair and results recorded in a daily log.
MECHANICAL SERVICES
Check boiler room for needed repairs and maintenance at least weekly, to include:
a. Maintain adequate pressure and temperature on boiler.
b. Maintain proper operation of all pumps.
C. Maintain level of glycol tank.
d. Maintain temperatures of domestic water tanks.
2. Maintain Air Compressor:
a. Check and maintain oil level and change at least every six months.
b. Check air filters (replace if needed).
C. Drain condensation from tank.
d. Check operation of fan motor in air handling unit.
e. Verify proper operation of exit lighting.
f. Check belts (replace as needed).
g. Check mounting bolts (replace as needed).
h. Clean cooling fans.
3. Test emergency lighting at least monthly.
Specifications For Agreement Of Services -Attachment A
Page 2 of 6
a. Maintain a written log of the dates the tests are made and the initials of the
person performing the test.
4. Fire Department connection:
a. Confirm the connection is readily visible and accessible and not obstructed.
b. Confirm the caps are in place and the swivel threads are in good condition.
C. Confirm the check valve is not leaking.
d. Notify the Administrator of any deficiencies for contract repair.
5. Fire Control Panel — test at least monthly.
6. Air Handling Unit
a. Replace filters on air handling unit (if needed).
b. Change set point on air handling system controls to summer setting at end of
heating season.
C. Change set point on air handling system controls to winter setting at
beginning of heating season.
d. Check operation of dampers.
e. Oil all bearing inserts as needed.
7. Slab Heat
a. Switch slab heat off for summer use (end of heating season).
l b. Switch slab heat on for winter use (beginning of heating season).
C. Clean snow and ice sensor in slab at beginning of heating season and again
mid -winter.
FALL/WINTER
1. Monthly drain down low -point drains in dry fire protection system.
2. Put away all yard equipment for the winter.
3. Drain and store outside hoses.
4. Discard hanging flower baskets the last week of September, flowers in rock planters
by October 1.
5. Ensure all outside water faucets are secure and not dripping prior to freeze up;
maintain accordingly.
6. Store portable planters.
7. Keep the driveway, sidewalks, walkways, trash area, and entry/exit doorways free
Specifications For Agreement Of Services -Attachment A Page 3 of 6
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of snow and ice.
8. Clean out dampers in dryer vents on 1", 2nd and 3rd floor on a yearly basis or as
needed.
9. Assist the Parks & Rec Department with putting Christmas lights on outside of
building by November 15. Put Christmas trees in card room and 2nd floor commons
area. Decorate both. Remove and store Christmas and Holiday decorations by
January 5. Encourage resident participation as available. Put up, take down, and
store other holiday decorations as appropriate.
SPRING/SUMMER
1. Unit Heaters
a. Clean diffusers, coil, and fan blades.
b. Tighten fan bolts on fan guard and motor frames.
C. Lubricate fan motors with turbine oil.
2. Storage Area Heaters
d. Lubricate fan motors with turbine oil.
e. Clean coils and fan blades.
3. Drain down low -point drains in dry fire protection system.
4. Replace filter canister on humidifier as applicable.
5. Place and maintain seasonal flowers including hanging baskets.
6. Monitor maintenance of lawn and shrubs by outside contractors.
7. install ground mulch when needed.
AS NEEDED
1. Vacuum and clean common areas and apartments (after tenants vacate).
Note: Carpet in apartments to be professionally cleaned.
2. Replace light bulbs throughout building as needed. (Fluorescent bulbs should be
replaced ASAP to prevent damage to ballasts.)
3. Maintain sidewalks to stay free of snow and ice accumulation.
4. Minor plumbing repair
Specifications For Agreement Of Services -Attachment A
Page 4 of 6
a. Replace bad seals in faucets.
b. Replace broken toilet seats.
C. Reseal toilets if wax seal is broken and leaky.
d. Clean out drains at individual fixtures if clogged.
e. Repair leaks on drains or water supplies to individual fixtures
f. Replace bad or broken showerheads.
Minor sheetrock repair
a. Repair anything under the size of a quarter in diameters.
b. Touch-up paint as needed.
6. Minor wallpaper repair
a. Re -glue as needed.
7. Minor hardware repair
a. Drawer slides: adjust or replace as needed.
b. Cabinet hinges: adjust or replace as needed.
i. Locksets: adjust only.
ii. Door closer: adjust or replace.
iii. Window closer: oil and adjust.
iv. Blinds: adjust or replace.
Minor carpet repair
a. Re -glue as needed in the common areas and stairwell and staircase areas.
9. Monitor emergency system.
10. Contact proper authorities when emergencies arise (We have our own AEDs)
a. When emergencies arise, call 911.
b. If you know of a tenant that has been transported to the hospital, as a result
of a 911 call, notify the Senior Center Director as soon as reasonably
possible.
C. If you are concerned about a resident's wellbeing, notify the Senior Center
Director or other appropriate Senior Center Staff if Director is unavailable,
and a wellness check will be done.
11. Do minor maintenance and repairs of apartments.
12. Clean and show vacant apartments to prospective tenants.
13. Report needed maintenance to Administrator only.
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L14. Ensure compliance with maintenance schedule provided by the City, as contained
Specifications For Agreement Of Services -Attachment A Page 5 of 6
herein.
15. Be available to handle tenant concerns at various hours.
16. Maintain all janitorial and storage units in a clean, safe and orderly condition.
17. Maintain smoke detectors and fire extinguishers according to the City fire code.
18. Provide regular maintenance of second floor common area kitchen facility.
19. Enforce the dwelling unit lease agreement.
20. Keep the boiler room clean and free of debris.
21. For materials to be reimbursed by City, purchase only AFTER approved purchase
order is obtained, outside of emergency purposes.
Failure to comply with the terms of these specifications shall subject the contract to
termination.
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