HomeMy WebLinkAbout2022-10-19 Council PacketKenai City Council - Regular Meeting Page 1 of 3
October 19, 2022
Kenai City Council - Regular Meeting
October 19, 2022 ꟷ 6:00 PM
Kenai City Council Chambers
210 Fidalgo Avenue, Kenai, Alaska
**Telephonic/Virtual Information on Page 3**
www.kenai.city
Agenda
A. CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Certification of the October 4, 2022 Election Results
a. Swearing in of Elected Officials. (The term of office for those elected during the October
4, 2022 Regular Election begins on Monday, October 24, 2022.)
4. Agenda Approval
5. Consent Agenda (Public comments 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 comments limited to ten (10) minutes per speaker)
C. UNSCHEDULED PUBLIC COMMENTS (Public comments limited to three (3) minutes per speaker;
thirty (30) minutes aggregated)
D. PUBLIC HEARINGS
1. Ordinance No. 3318-2022 – Renaming and Amending Kenai Municipal Code Chapter 7.30
Land Sale Permanent Funds to Establish the Kenai Senior Center Cone Memorial Trust and
Directing All Proceeds Received as a Residual Beneficiary from the Tamara Diane Cone
Testamentary Trust to be Deposited into such Fund. (Administration)
2. Ordinance No. 3319-2022 - Increasing Estimated Revenues and Appropriations in the Kenai
Bluff Erosion Capital Project Fund for Construction of the Kenai Bluff Stabilization Project.
(Administration)
3. Resolution No. 2022-73 - Authorizing a Construction Contract Award for the Kenai Fire
Department (KFD) Flooring Replacement Project. (Administration)
E. MINUTES
1. *Regular Meeting of October 5, 2022. (City Clerk)
F. UNFINISHED BUSINESS
1. Resolution No. 2022-64 - Approving the Renewal of a Lease Utilizing a Non-Standard Lease
Form on Airport Reserve Lands Between the City of Kenai and the Federal Aviation
Page 1
Kenai City Council - Regular Meeting Page 2 of 3
October 19, 2022
Administration for the Automated Flight Service Station and Satellite Communication Network
Facilities on Lot 7A-1 FBO Subdivision No. 5. (Administration) [Clerk's Note: At the October 5,
2022 City Council Meeting, this Resolution was Postponed to this Meeting; a Motion to Adopt
is on the Floor.]
G. NEW BUSINESS
1. *Action/Approval - Bills to be Ratified. (Administration)
2. *Ordinance No. 3320-2022 - Accepting and Appropriating a Donation from Hilcorp Energy
Company to Assist with the Annual Area-Wide Senior Thanksgiving Dinner. (Administration)
3. Discussion - Cancelling the December 7, 2022 City Council Meeting to Allow for Council
Member Travel to Alaska Municipal League Conference. (Knackstedt)
4. Discussion – Supervisory Subcommittee Report on City Manager Recruitment. (Gabriel)
5. Discussion – Scheduling a Work Session with the Kenaitze Indian Tribe. (Administration)
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 COMMENTS
1. Citizens Comments (Public comments limited to five (5) minutes per speaker)
2. Council Comments
L. EXECUTIVE SESSION
M. PENDING ITEMS
N. ADJOURNMENT
O. INFORMATION ITEMS
1. Purchase Orders Between $2,500 and $15,000.
2. Kenaitze Indian Tribe Donation Letter
Page 2
Kenai City Council - Regular Meeting Page 3 of 3
October 19, 2022
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 OR
https://us02web.zoom.us/j/81157086559 Dial In: (253) 215-8782 or (301) 715-8592
Meeting ID: 811 5708 6559 Passcode: 683100 Meeting ID: 811 5708 6559 Passcode: 683100
Page 3
CITY OF KENAI
REGULAR ELECTION OF OCTOBER 4, 2022
City of Kenai Certification of Election
We, the members of the Kenai City Council, do hereby certify the result of a canvass of the
ballots for the Regular Election of October 4, 2022.
Absentee (In-Person, By-Mail, By-Electronic Transmission, Personal Needs)
and Questioned Ballots Voted 219
Absentee/Questioned Ballots Rejected 12
Absentee/Questioned Ballots Counted 207
Poll Voter Turn Out 946 / 14.95%
Total Voter Turn Out 1,153 / 18.22%
Number of Kenai Registered Voters 6,329
FOR CITY MAYOR, ONE THREE-YEAR TERM
Candidates Polls Absentee /
Questioned Total Votes Percentage
GABRIEL Sr., Brian G. 645 160 805 70.06%
WINGER, Teea M. 295 46 341 29.68%
Write-in 3 0 3 .26%
FOR CITY COUNCIL, TWO THREE-YEAR TERMS
Candidates Polls Absentee /
Questioned Total Votes Percentage
ASKIN, Victoria J. 454 110 564 32.36%
DOUTHIT, Alex N. 558 113 671 38.50%
PETTEY, Glenese 394 98 492 28.23%
Write-in 15 1 16 .91%
___________________________________________ ___________________________________________
Brian Gabriel, Sr., Mayor Jim Glendening, Vice Mayor
___________________________________________ ___________________________________________
Glenese Pettey, Council Member Henry Knackstedt, Council Member
___________________________________________ ___________________________________________
Teea Winger, Council Member Deborah Sounart, Council Member
___________________________________________
James Baisden, Council Member
ATTEST:
___________________________________________ ___________________________________________
Michelle M. Saner, MMC, City Clerk Date X Page 4
CANVASS BOARD ACCOUNTABILITY REPORT
Page 2 of 2
PERSONAL REPRESENTATIVE (PR)
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Page 8
CITY OF KENAI
ELECTION SUMMARY REPORT
OCTOBER 4, 2022 UNOFFICIAL RESULTS
City of Kenai Election Summary Report
SUMMARY OF ALL CITY OF KENAI PRECINCTS
CITY OF KENAI JURISDICTION WIDE Registered Voters: 6,329 Cards Cast: 1,153 18.22%
Kenai City Mayor (Vote for One) Polling Site Absentee /
Questioned Total Votes
GABRIEL Sr., Brian G. 645 160 805 70.06%
WINGER, Teea M. 295 46 341 29.68%
Write-in 3 0 3 .26%
Kenai City Council (Vote for Two) Polling Site Absentee /
Questioned Total Votes
ASKIN, Victoria J. 454 110 564 32.36%
DOUTHIT, Alex N. 558 113 671 38.50%
PETTEY, Glenese 394 98 492 28.23%
Write-in 15 1 16 .91%
INDIVIDUAL SUMMARY REPORTS BY LOCATION
Kenai No. 1 (07-015) Registered Voters: 3,129 Cards Cast: 444 14.19%
Kenai City Mayor (Vote for One) Total Votes
GABRIEL Sr., Brian G. 298 67.27%
WINGER, Teea M. 143 32.28%
Write-in 2 .45%
Kenai City Council (Vote for Two) Total Votes
ASKIN, Victoria J. 206 31.31%
DOUTHIT, Alex N. 271 41.18%
PETTEY, Glenese 171 25.99%
Write-in 10 1.52%
Page 9
CITY OF KENAI
ELECTION SUMMARY REPORT
OCTOBER 4, 2022 UNOFFICIAL RESULTS
City of Kenai Election Summary Report
Kenai No. 2 (07-020) Registered Voters: 1,724 Cards Cast: 250 14.50%
Kenai City Mayor (Vote for One) Total Votes
GABRIEL Sr., Brian G. 161 64.92%
WINGER, Teea M. 86 34.68%
Write-in 1 .40%
Kenai City Council (Vote for Two) Total Votes
ASKIN, Victoria J. 118 31.55%
DOUTHIT, Alex N. 145 38.77%
PETTEY, Glenese 108 28.88%
Write-in 3 .80%
Kenai No. 3 (07-025) Registered Voters: 1,476 Cards Cast: 252 17.07%
Kenai City Mayor (Vote for One) Total Votes
GABRIEL Sr., Brian G. 186 73.81%
WINGER, Teea M. 66 26.19%
Write-in 0 0%
Kenai City Council (Vote for Two) Total Votes
ASKIN, Victoria J. 130 33.42%
DOUTHIT, Alex N. 142 36.50%
PETTEY, Glenese 115 29.56%
Write-in 2 .52%
Page 10
CITY OF KENAI
ELECTION SUMMARY REPORT
OCTOBER 4, 2022 UNOFFICIAL RESULTS
City of Kenai Election Summary Report
Absentee, Questioned and Personal Needs Cards Cast: 207
Kenai City Mayor (Vote for One) Total Votes
GABRIEL Sr., Brian G. 160 77.67%
WINGER, Teea M. 46 22.33%
Write-in 0 0%
Kenai City Council (Vote for Two) Total Votes
ASKIN, Victoria J. 110 34.16%
DOUTHIT, Alex N. 113 35.10%
PETTEY, Glenese 98 30.43%
Write-in 1 .31%
Page 11
Sponsored by: Administration
New Text Underlined; [DELETED TEXT BRACKETED]
CITY OF KENAI
ORDINANCE NO. 3318-2022
AN ORDINANCE RENAMING AND AMENDING KENAI MUNICIPAL CODE CHAPTER 7.30 LAND
SALE PERMANENT FUNDS TO ESTABLISH THE KENAI SENIOR CENTER CONE MEMORIAL
TRUST AND DIRECTING ALL PROCEEDS RECEIVED AS A RESIDUAL BENEFICIARY FROM THE
TAMARA DIANE CONE TESTAMENTARY TRUST TO BE DEPOSITED INTO SUCH FUND.
WHEREAS, Chester Cone moved to Shungnack, Alaska from Arkansas in 1949 to teach at a Bureau of
Indian Affairs school; and,
WHEREAS, Chester moved to the Kenai area in 1950 seeking a warmer climate and to work in the
commercial fishing industry; and,
WHEREAS, in the fall of 1950 Chester sent a one-way ticket and an invitation to his old girlfriend, Mavis
Stepp, to move to Alaska; and,
WHEREAS, Chester and Mavis were married and in 1957 began homesteading off of what is now Beaver
Loop Road; and,
WHEREAS, Chester was a business man who formed Better Concrete Corporation and owned and
operated Beaver Loop Laundromat and Cleaners; and,
WHEREAS, the Cone’s had two children, Tammy and Curtis; and,
WHEREAS, Curtis Cone passed on August 19, 1986; and,
WHEREAS, the Cone’s established the Tamara Diane Cone Testamentary Trust to provide for Tammy
until her passing on July 2, 2022; and,
WHEREAS, the Kenai Senior Center was named a residual beneficiary of the Tamara Diane Cone
Testamentary Trust and to date has received disbursements from the trust totaling $715,585.23; and,
WHEREAS, it is the intent of the City Council to establish a permanent fund with the proceeds and where
the fund’s earnings, in excess of inflation, may be appropriated for the acquisition of capital items or
capital projects for the Kenai Senior Center; and,
WHEREAS, establishment of the Kenai Senior Center, Cone Memorial Trust honors the wishes and
legacy of the Cone Family, will provide a lasting benefit to the Kenai Senior Center, and 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. Amendment of Chapter 7.30 of Kenai Municipal Code: That Kenai Municipal Code,
Section 7.30 Land Sale Permanent Funds is hereby amended as follows:
Chapter 7.30
[L AND SALE] PERMANENT FUNDS
Page 12
Ordinance No. 3318-2022
Page 2 of 6
New Text Underlined; [DELETED TEXT BRACKETED]
7.30.005 - General Fund Land Sale Permanent Fund.
(a) A separate fund of the City of Kenai is hereby established as the General Fund Land Sale Permanent
Fund. The purpose of the fund is to account for the principal proceeds of the sale of City-owned non-
trust lands that are not subject to deed or other conveyance restrictions that require the funds be used
for specific other uses or benefits (General Fund lands).
(b) The General Fund Land Sale Permanent Fund shall be a restricted fund. City Charter prescribes the
establishment of a separate City account for the principal proceeds from sales of City-owned, non-
trust lands; however, the establishment of the investment guidelines for that account is within the
discretion of the Kenai City Council.
(c) The net proceeds received by the City on closing sale of non-trust lands shall be deposited in the
General Fund Land Sale Permanent Fund. Where notes are taken in payment for General Fund
lands, all principal payments on said notes shall be deposited in the General Fund Land Sale
Permanent Fund. Interest on notes taken in payment for General Fund lands shall be recorded as
investment earnings in the General Fund Land Sale Permanent Fund.
(d) Money placed in the General Fund Land Sale Permanent Fund shall not be available for use by the
City for any purpose other than for investments in accordance with City Charter and ordinances.
(e) Interest or income earned by the General Fund Land Sale Permanent Fund shall be recorded as
investment earnings in the General Fund Land Sale Permanent Fund and can be deposited in the
General Fund or held in reserve in the fund. The City Council may, by ordinance, transfer funds from
the General Fund to the General Fund Land Sale Permanent Fund. After such a transfer, the money
will become a part of the General Fund Land Sale Permanent Fund to be used only for the investment
purposes for which the fund is established.
7.30.010 - Airport Land Sale Permanent Fund.
(a) A separate fund of the City of Kenai is hereby established as the Airport Land Sale Permanent Fund.
The purpose of the fund is to account for the principal proceeds of the sale of Airport Land. Airport
Lands shall consist of all land owned by the City of Kenai and held by it for the use or benefit of the
Kenai Municipal Airport under the terms of the 1963 Quitclaim Deed from United States of America
recorded at Book 27, Page 303 at the Kenai Recording District, Kenai, Alaska. Additionally, any other
land owned by the City and acquired with airport funds shall be Airport Lands.
(b) The Airport Land Sale Permanent Fund shall be a restricted fund. The establishment of the fund
known as the Airport Land Sale Permanent Fund is within the discretion of the Kenai City Council.
Deed restrictions, Federal regulations and grant assurances require that airport funds be used for the
use and benefit of the Kenai Municipal Airport.
(c) The net proceeds received by the City on closing sale of Airport Lands shall be deposited in the
Airport Land Sale Permanent Fund. Where notes are taken in payment for Airport Lands, all payments
on said notes shall be deposited in the Airport Land Sale Permanent Fund.
(d) Money placed in the Airport Land Sale Permanent Fund shall not be available for use by the City for
any purpose other than for investments in accordance with City ordinances.
(e) The City Council may, by ordinance, transfer funds from the Airport Special Revenue Fund to the
Airport Land Sale Permanent Fund. After such a transfer, the money will become a part of the Airport
Land Sale Permanent Fund to be used only for the investment purposes for which the fund is
established.
Page 13
Ordinance No. 3318-2022
Page 3 of 6
New Text Underlined; [DELETED TEXT BRACKETED]
7.30.015 - Kenai Senior Center, Cone Memorial Trust Permanent Fund.
(a) A separate fund of the City of Kenai is hereby established as the Kenai Senior Center, Cone Memorial
Trust Permanent Fund. The purpose of the fund is to account for the proceeds received from the
Tamara Diane Cone Testamentary Trust.
(b) The Cone Memorial Trust Permanent Fund shall be a restricted fund. The establishment of the fund
known as the Kenai Senior Center, Cone Memorial Trust Permanent Fund is within the discretion of
the Kenai City Council. Trust language requires the funds be used for the use and benefit of the Kenai
Senior Center
(c) The proceeds received by the City from disbursement of the trust shall be deposited in the Kenai
Senior Center, Cone Memorial Trust Permanent Fund.
(d) Money placed in the Kenai Senior Center, Cone Memorial Trust Permanent Fund shall not be
available for use by the City for any purpose other than for investments in accordance with City
ordinances.
7.30.020 - Investments.
(a) The [LAND SALE] Permanent Funds shall be managed by the Finance Director, with the following
conditions:
(1) The City will contract for the management of the investments for each [LAND SALE]
Permanent Fund with one (1) or more professional investment managers with experience
handling institutional endowment investments subject to Council approval.
(2) The [LAND SALE] Permanent Funds shall be invested in such types of income producing
investments as limited by subsection (b) of this section, Authorized Investments for the [LAND
SALE] Permanent Funds. The investments for each [LAND SALE] Permanent Fund shall be
approved by resolution annually, usually during the City budget process, in the form of an
asset allocation plan, with each [LAND SALE] Permanent Fund following the same asset
allocation plan. The asset allocation plan shall have specific categories of investments for the
funds with percentage targets that allow for reasonable fluctuations above and below the
target percentage. The plan will establish benchmarks for evaluating the performance of each
investment manager and asset classification. Investments shall be managed such that the
target ranges of the asset allocation plan are adhered to.
(3) Investments of the [LAND SALE] Permanent Funds will take a conservative posture on
derivative securities by recognizing that derivatives may be utilized within investment vehicles
as a portfolio management tool to create or enhance exposure to an asset class or
implementation strategy while requiring that any embedded leverage created by their use be
fully collateralized. Net exposure exceeding the asset value of the investment vehicle is
prohibited. Exposure must be net long at all times.
(4) All income derived from investment of each [LAND SALE] Permanent Fund, including interest
income, realized gains, and undistributed earnings, can be distributed or reinvested into the
respective [LAND SALE] Permanent Fund and shall be invested in accordance with
subsection (b) of this section, Authorized Investments for the [LAND SALE] Permanent Funds.
(5) Appropriations from the Airport Land Sale Permanent Fund may be made as follows:
(i) In any fiscal year, the amount available for appropriation for airport operations and capital
needs will be based upon the five (5) year average of the fund’s calendar year end market
Page 14
Ordinance No. 3318-2022
Page 4 of 6
New Text Underlined; [DELETED TEXT BRACKETED]
value. An amount not to exceed three and four-fifths percent (3.8%) of the five (5) year
average market value may be distributed if the average market value is less than the
fund’s inflation adjusted principal balance. An amount not to exceed four and one-fifth
percent (4.2%) of the five (5) year average market value may be distributed if the average
market value is greater than the fund’s inflation adjusted principal balance.
(6) Appropriations from the General Fund Land Sale Permanent Fund shall be limited to the
lesser of the cumulative earnings at calendar year end for the fund or four percent (4%) of the
fund’s fair market value as of December 31st of each year. “Cumulative earnings” is defined
as the market value at calendar year end minus the fund’s inflation adjusted principal balance.
(7) Appropriations from the Kenai Senior Center, Cone Memorial Trust Permanent Fund may be
made as follows:
(i) In any fiscal year, the amount available for appropriation for Kenai Senior Center capital
needs shall be limited to the Funds cumulative earnings at the previous calendar year
end for the fund. “Cumulative earnings” is defined as the market value at calendar year
end minus the fund’s inflation adjusted principal balance.
(b) Authorized Investments for the [LAND SALE] Permanent Funds.
(1) Investments authorized by KMC 7.22.030.
(2) Corporate obligations of investment-grade quality as recognized by a nationally recognized
rating organization. If, after purchase, these obligations are downgraded below investment
grade, the obligations shall be sold in an orderly manner within ninety (90) days of
downgrading.
(3) Domestic equities which, taken as a whole, attempt to mirror the characteristics or replicate
the Standard and Poor’s 500 Index or another index of similar characteristics and approved
by resolution of the Council as a component of the annual [LAND SALE] Permanent Funds
Asset Allocation Plan, including both mutual funds and exchange traded funds (ETFs).
(4) Domestic equities which, taken as a whole, attempt to replicate the Standard and Poor’s 400
Mid-Cap Index or another index of similar characteristics and approved by resolution of the
Council as a component of the annual [LAND SALE] Permanent Funds Asset Allocation Plan,
including both mutual funds and exchange traded funds (ETFs).
(5) Domestic equities which, taken as a whole, attempt to replicate the Standard and Poor’s 600
Small-Cap Index or another index of similar characteristics and approved by resolution of the
Council as a component of the annual [LAND SALE] Permanent Funds Asset Allocation Plan,
including both mutual funds and exchange traded funds (ETFs).
(6) International equities which, taken as a whole, attempt to replicate the Financial Times Stock
Exchange Developed ex North America Index or another index of similar characteristics and
approved by resolution of the Council as a component of the annual [LAND SALE] Permanent
Funds Asset Allocation Plan, including both mutual funds and exchange traded funds (ETFs).
(7) Equities which, taken as a whole, attempt to replicate the universe of domestic real estate
investment trusts as represented by the Standard and Poor’s REIT composite index or another
index of similar characteristics and approved by resolution of the Council as a component of
the annual [LAND SALE] Permanent Funds Asset Allocation Plan, including both mutual funds
and exchange traded funds (ETFs).
Page 15
Ordinance No. 3318-2022
Page 5 of 6
New Text Underlined; [DELETED TEXT BRACKETED]
(8) Emerging market equities which, taken as a whole, attempt to replicate the Financial Times
Stock Exchange Emerging Index or another index of similar characteristics and approved by
resolution of the Council as a component of the annual [LAND SALE] Permanent Funds Asset
Allocation Plan, including both mutual funds and exchange traded funds (ETFs).
(9) Global infrastructure equities which, taken as a whole, attempt to replicate the STOXX Global
Broad Infrastructure Index, or a substantially similar index, including both mutual funds and
exchange traded funds.
(10) Investment grade domestic bonds which, taken as a whole, attempt to mirror the
characteristics or replicate the Bloomberg Barclays Aggregate bond index or another index of
similar characteristics and approved by resolution of the Council as a component of the annual
[LAND SALE] Permanent Funds Asset Allocation Plan, including individual securities, mutual
funds and exchange traded funds (ETFs).
(11) High yield domestic bonds which, taken as a whole, attempt to mirror the characteristics or
replicate the Bloomberg Barclays U.S. Corporate High Yield Very Liquid bond index or another
index of similar characteristics and approved by resolution of the Council as a component of
the annual [LAND SALE] Permanent Funds Asset Allocation Plan, utilizing mutual funds
and/or exchange traded funds (ETFs).
(12) Alternative beta funds which, taken as a whole, attempt to provide systematic exposure to
trading strategies included in, or similar to, those within the Wilshire Liquid Alternatives Index,
or another index of similar characteristics and approved by resolution of the Council as a
component of the annual [LAND SALE] Permanent Funds Asset Allocation Plan, utilizing
mutual funds and/or exchange traded funds (ETFs) that adhere to the limitations identified in
subsection (a)(3) of this section.
(c) Officers and employees involved in the investment process shall refrain from personal business
activity that could conflict with proper execution of the investment program, or that could impair their
ability to make impartial investment decisions. Such employees and officers shall disclose to the City
Manager any material financial interests in financial institutions that conduct business with the City
and such information shall be kept confidential to the extent otherwise allowed by law. Employees
and officers shall subordinate their personal investment transactions to those of the City, particularly
with regard to the timing of purchases and sales. A “material financial interest” in an entity is a financial
interest of any kind, which, in view of all the circumstances, is substantial enough that it would, or
reasonably could, affect the employee’s or officer’s judgment with respect to transactions to which
the entity is a party.
(d) The Finance Director shall submit to the City Council a quarterly investment report that summarizes
recent and anticipated market conditions and that describes the City’s investment portfolio in terms
of transactions during the quarter, maturities, risk characteristics, and investment return compared
with both benchmark performance returns and with the City’s budgetary expectations.
(e) The Finance Director shall establish custody and safekeeping procedures with regard to all
investments authorized by this chapter. All such investment securities, or their related collateral
securities, shall be either held by the City or by a custodial agent for the City.
Section 2. Direct the $715,585.23 received to date and any addition proceed the City receives as a
residual beneficiary of the Tamara Diane Cone Testamentary Trust be deposited into and accounted for
in the Kenai Senior Center, Cone Memorial Trust Permanent Fund.
Page 16
Ordinance No. 3318-2022
Page 6 of 6
New Text Underlined; [DELETED TEXT BRACKETED]
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 30 days
after enactment.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 19TH DAY OF OCTOBER, 2022.
___________________________________
Brian Gabriel Sr., Mayor
ATTEST:
___________________________________
Michelle M. Saner, MMC, City Clerk
Introduced: October 5, 2022
Enacted: October 19, 2022
Effective: November 18, 2022
Page 17
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Paul Ostrander, City Manager
FROM: Terry Eubank, Finance Director
DATE: September 29, 2022
SUBJECT: Ordinance 3318-2022 Amending KMC 7.30 to Establish the Kenai
Senior Center Cone Memorial Trust.
The purpose of this memo is to recommend passage of Ordinance 3318-2022 which will amend
KMC 7.30 Land Sale Permanent Funds to establish the Kenai Senior Center Cone Memorial Trust
and codify a restriction that cumulative earnings of the fund may only be used for Kenai Senior
Center Capital Projects. Cumulative earnings is defined as the market value at calendar year end
minus the fund’s inflation adjusted principal balance. In other words, only the investment earnings
of the fund less the amount needed to inflation proof the fund, inflation is measured by the annual
change in the Anchorage, Alaska Consumer Price Index for All Urban Consumers (CPI-U), may
be used for acquisition of capital items or capital projects of the Kenai Senior Center.
As a residual beneficiary, the City has received to date $715,585.23 in disbursements from the
Tamara Diane Cone Testamentary Trust. The trust was established by the Chester and Mavis
Cone for the benefit of their daughter. Tamara Cone passed on July 2, 2022 and the City was
named as a 1/3 beneficiary of any remaining trust assets. Chester and Mavis were longtime
Kenai residents who homesteaded in the Beaver Loop area of Kenai. Chester and Mavis owned
and operated Better Concrete Corporation and the Beave Loop Laundromat and Cleaners.
Chester was actively involved in the founding and formation of the City.
Establishing the Kenai Senior Center Cone Memorial Trust Permanent Fund will honor Chester
and Mavis’s wishes in leaving these funds to the Kenai Senior Center and ensure the lasting
benefit of their gift for this and future generations of Kenai residents. Your support for passage
or Ordinance 3318-2022 is respectfully requested.
Page 18
Sponsored by: Administration
New Text Underlined; [DELETED TEXT BRACKETED]
CITY OF KENAI
ORDINANCE NO. 3319-2022
AN ORDINANCE INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE KENAI
BLUFF EROSION CAPITAL PROJECT FUND FOR CONSTRUCTION OF THE KENAI BLUFF
STABILIZATION PROJECT.
WHEREAS, the Kenai Bluff Stabilization project has been the number one priority of the City of Kenai for
over 30 years; and,
WHEREAS, in February of 2022 the project received federal funding in the amount of $28 million; and,
WHEREAS, federal funding will cover 65% of the total cost of construction of the Project; and,
WHEREAS, the City’s match requirement towards construction of this project is 35%; and,
WHEREAS, the City has been pursuing funding for our local match through multiple sources, including
the State of Alaska; and,
WHEREAS, during the State fiscal year 2022 legislative session, $6.5 million was included in the State
capital budget to support the Project; and,
WHEREAS, appropriation of this $6.5 million Alaska Legislative Grant will help support the City’s 35%
match requirement and 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 following budget revision is authorized:
Kenai Bluff Erosion Capital Project Fund:
Increase Estimated Revenues –
State Grants $6,500,000
Increase Appropriations –
Construction $6,500,000
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 1.15.070(f), this ordinance shall take effect
immediately upon enactment.
Page 19
Ordinance No. 3319-2022
Page 2 of 2
New Text Underlined; [DELETED TEXT BRACKETED]
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 19TH DAY OF OCTOBER, 2022.
___________________________________
Brian Gabriel Sr., Mayor
ATTEST:
___________________________________
Michelle M. Saner, MMC, City Clerk
Approved by Finance: _________________
Introduced: October 5, 2022
Enacted: October 19, 2022
Effective: October 19, 2022
Page 20
MEMORANDUM
TO: Mayor Brian Gabriel and City Council Members
FROM: Paul Ostrander, City Manager
DATE: September 29, 2022
SUBJECT: Ordinance 3319-2022 and Resolution 2022-71 - Kenai Bluffs
Stabilization, State of Alaska $6.5 Million Grant
____________________________________________________________________________
This memo is in support of both Ordinance 3319-2022 and Resolution 2022-71, legislation that
authorizes the City Manager to execute a grant in the amount of $6.5 million from the Alaska
Department of Commerce, Community, and Economic Development, Division of Community
and Regional Affairs and appropriates the money into the Kenai Bluff Erosion Capital Project
Fund to support construction of the Project.
During the last State Legislative Session, the City was successful in getting this grant included
in the State’s Capital Budget. This grant is an important component of the City’s required match
of 35% of the total cost of the Project. With this grant, the City will have secured the necessary
money to meet our required match if the project’s total cost, design and construction, does not
exceed $35,000,000.
As we approach the completion of the efforts to get this important project built, a summary of the
process that the City has navigated over the past 6 years is included for you information.
February 17, 2017 – City of Kenai attended the Tentatively Selected Plan (TSP) presentation
given by Alaska USACE to the USACE HQ in Washington D.C. Signed Directors Report was
scheduled for November 10, 2017.
June 10, 2017 – Schedule for Signed Directors Report slipped to April 31, 2018.
June 19, 2017 – Draft integrated feasibility report, environmental assessment and draft Finding
of No Significant Impact (FONSI) was issued for agency and public comment.
July 5/6, 2017 – Public meetings held in Kenai, AK at the City Council Meeting on July 5 and at
the Kenai Visitor and Cultural Center in Kenai on July 6.
August 22, 2017 – Realization by the USACE that additional federal funding was necessary in
the amount of $150,000 for the USACE to meet its 50% funding requirement to complete the
Page 21
Page 2 of 4
feasibility report. The City of Kenai provided their full funding amount of $560,000 in February
2016. A congressional reprogramming request was submitted through OMB.
February 22, 2018 – OMB approves reprogramming request. The reprogramming request was
delayed to the point that authorization for the project – expiring on May 12, 2018 – would lapse
prior to Directors Report signature.
March 6, 2018 – Letter sent to Committee on Appropriations and the respective Committee
Chairs.
April 4, 2018 – USACE Alaska District recognizes the need to request a waiver from the
Assistant Secretary of the Army of Civil Works to extend the project authorization beyond May
12, 2018, but does not have sufficient funds left to process the waiver.
April 12, 2018 – Reprogramming approval signed by Representative Marcy Kaptur and
Representative Mike Simpson, appropriating an additional $150,000 of Federal money to the
project.
April 26, 2018 – Time extension waiver package submitted to USACE HQ.
April 31, 2018 – Second scheduled signature date for Directors Report is missed. Because of
the significant lapse in project funding, other projects were re-prioritized in front of the Kenai
project; hence, the scheduled date for the signed Directors Report is changed to January 23,
2019, to allow time for USACE Alaska District to take the project back up and finalize the
feasibility report package.
May 11, 2018 – Time extension granted by R.D. James, Assistant Secretary of the Army of Civil
Works, increasing the total study time for the Kenai Bluffs Bank Stabilization Feasibility Study
from 36 months to 44 months.
November 15, 2018 – Final integrated feasibility report and environmental assessment and
finding of no significant impact submitted from USACE Alaska District to USACE HQ.
January 23, 2019 – Third scheduled signature date for Director’s Report was missed. Re-
scheduled for signature in late February.
March 1, 2019 – Fourth scheduled signature date for Director’s Report was missed. Re-
scheduled for April 30, 2019.
April 3, 2019 – Final submittal from USACE Alaska District to USACE HQ of feasibility report. Of
note: according to USACE staff, nothing of substance changed from the feasibility report
submitted on November 15, 2018 to this final report.
April 10, 2019 – Director’s Report was signed by USACE HQ Director Of Civil Works, James C.
Dalton, P.E. This was the same day that Senator Murkowski testified in front of the appropriations
subcommittee to the Assistant Secretary of the Army (Civil Works), R.D. James and to the
Commanding General and Chief of Engineers Lieutenant General Todd Semonite, questioning
why the USACE process was so difficult to navigate, using the Kenai Bluffs Stabilization project
as an example.
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Page 3 of 4
May 20, 2019 – Request from Alaska District to USACE HQ, signed by Colonel Phillip J. Borders
to initiate Preconstruction Engineering and Design (PED) phase for the project with attachments
from the City of Kenai including a letter committing the City to fully fund the PED phase at an
estimated cost of $1,000,000 and a Resolution from the Kenai City Council stating the same.
June 27, 2019 – A Finding of No Significant Impact (FONSI) Was signed by Colonel Phillip J.
Borders, eliminating the need to prepare an Environmental Impact Statement.
July 31, 2019 – The City sent a request to the USACE Alaska District to complete the Design
Agreement. This agreement outlines the responsibilities of the non-Federal sponsor and the
USACE during the design phase.
September 15, 2020 – It took over 14 months to get the Design Agreement signed. Consistent
communication with the USACE and our congressional delegation occurred during the entire
period, but what should have been a much quicker turnaround labored for many months – far
beyond what was expected or is reasonable. Although the Design Agreement implies that Federal
Funding will be provided for the 65% match of the design effort, no Federal funding has been
provided to date.
February 2021 – The City issued an RFP for the design of the project planning to fund the entire
design with City dollars, a $1,000,000 commitment with the intent of being reimbursed the 65%
Federal obligation during construction.
August 2021 – HDR Engineering begins the design of the project. As the design begins, there is
a limited amount of Federal funding that the Alaska District of the Corps of Engineers has to
support the efforts of the City during the design process. They are able to provide limited input,
putting the City at risk because without Corps oversight, the design effort may not meet Corps
requirements in all aspects. This could result in the Corps not accepting all or a portion of the
design for construction. Because the Corps signed the Design Agreement in September of 2020,
the City was hopeful that the full Federal share of $650,000 would be provided prior to the design
effort beginning. Even though no Federal funding occurred, and considering the risks involved,
the City strongly felt that it was essential to begin the design effort to keep the project moving
forward.
December 2021 – At the City’s request, Governor Dunleavy included $6.5 million in State funding
to support the City’s efforts in the design and construction of our Project. If the legislature and
the voters approve the Governor’s proposed General Obligation Bond, this increases the total
amount of match money the City has available to $9.5 million. This would be a sufficient match
amount to construct an approximately $27 million project, with $17.5 million in Federal funding.
February 2022 – The project received $28 million in Federal funding through the Infrastructure
Bill. This funding is sufficient to support a $42 million project, comprised of $28 million in Federal
funding and $14 million in local funding.
April 2022 – Now with sufficient funding, the Army Corps of Engineers, Alaska District kicks off
their full engagement in support of the design efforts of the Project. This engagement will slow
the ultimate completion of the design, with design approval expected late in the 2022 calendar
year, but will assure that the Project as designed meets the requirements of the Corps.
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Page 4 of 4
June 2022 – Governor Dunleavy signed the State of Alaska Fiscal Year 2023 budget. Included
in the capital budget was $6.5 million in support of the Kenai Bluff Stabilization Project.
September 2022 – The Federally committed funds of up to $28 million establishes the high end
of total Project costs of $42 million. The Project will be funded 65% by the Army Corps of
Engineers, and 35% through a local match. Our current construction estimates indicate that it is
likely that the Project will not exceed $35 million. The City has secured $9.7 million in State
funding, comprised of the $6.5 million that was included in the States fiscal year 2023 Capital
Budget and $3.2 million that remains from State grants from 2012 and 2015. The City has also
committed $2.55 million from our General Fund that was included in our 2023-2027 Capital Plan.
This brings the total amount of secured match that the City has to $12.25 million, sufficient to
support a total Project cost of $35 million, matching $22.75 million in Federal funding.
Page 24
Sponsored by: Administration
New Text Underlined; [DELETED TEXT BRACKETED]
CITY OF KENAI
RESOLUTION NO. 2022-73
A RESOLUTION AUTHORIZING A CONSTRUCTION CONTRACT AWARD FOR THE KENAI FIRE
DEPARTMENT (KFD) FLOORING REPLACEMENT PROJECT.
WHEREAS, a formal Invitation to Bid was released on September 15, 2022 for the Kenai Fire Department
Flooring Replacement Project which involves minor asbestos abatement in support of replacing worn out
flooring materials with new vinyl composite tile flooring; and,
WHEREAS, in an effort to allow for the greatest competition the project elements were split with one bid
item covering asbestos abatement and the second bid item covering the flooring replacement; and,
WHEREAS, contractors were allowed to bid on one or both items at their discretion; and,
WHEREAS, bids were due on October 6, 2022, and the following bids were received by the Public Works
Department:
Contractor Bid – Abatement Bid – Flooring Total
Aurora Flooring LLC $8,000 $52,000 $60,000
Eastside Carpet Co. $23,850 $76,000 $99,850
Alaska Abatement $12,500 - -
; and,
WHEREAS, Aurora Flooring LLC was determined to have provided the lowest responsive and
responsible bids; and,
WHEREAS, sufficient funding resides within the General Fund Public Safety Capital Project Fund, Project
Code 289, to cover these costs; and,
WHEREAS, the Public Works Department recommends award to Aurora Flooring LLC 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 City Manager is authorized to execute a Construction Agreement with Aurora
Flooring LLC in the amount of $60,000 and to issue a Purchase Order in that same amount with an
additional $3,000 project contingency for the processing of potential change orders.
Section 2. That this Resolution takes effect immediately upon passage.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 19TH DAY OF OCTOBER, 2022.
___________________________________
Brian Gabriel Sr., Mayor
ATTEST:
___________________________________
Page 25
Resolution No. 2022-73
Page 2 of 2
New Text Underlined; [DELETED TEXT BRACKETED]
Michelle M. Saner, MMC, City Clerk
Page 26
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Paul Ostrander, City Manager
FROM: Scott Curtin, Director of Public Works
DATE: October 11, 2022
SUBJECT: Kenai Fire Department (KFD) Flooring Replacement Project
The purpose of this memo is to request council’s approval to award a construction agreement to
Aurora Flooring LLC to complete flooring replacements and associated asbestos abatement at
the Kenai Fire Department. This work will replace severely worn flooring materials with new. The
selections made by the department are as detailed in the photos below.
A total of fifteen rooms, hallways and closets are intended to be completed with this project.
Primary spaces include all of the Fire Department office spaces, lounge, kitchen and lobby areas.
This project was originally funded in Fiscal Year 2022s Capital Improvement Plan at $50,000.
With the discovery of asbestos within the project area additional funding was required to complete
testing services to identify the locations asbestos was present prior to bidding the work. To date
the overall project has received $70,000 in total funding and is expected to be just enough to
complete the project.
The asbestos to be remediated with this work is primarily located within the drywall mud and
flooring mastic in several locations. It should be noted, the only remediation being completed with
this project is directly in contact with the proposed work. We are not removing all of the drywall
and remediating all of the asbestos within the overall building at this time. That would be a much
larger project, significantly more expensive and impactful to Fire Department operations.
Flooring work is anticipated to take place over the winter months, once materials and supplies
have been sourced and delivered to the project site. As the offices are occupied and in use daily,
contractors will only work in half the spaces at a time to allow for furniture to be moved out of
rooms in an effort to minimize the overall disruption to staff. This has been a priority project for
the department, Council’s support is respectfully requested.
Page 27
Page 2 of 2
Page 28
KENAI CITY COUNCIL – REGULAR MEETING
OCTOBER 5, 2022 – 6:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
MAYOR BRIAN GABRIEL, PRESIDING
City of Kenai Council Meeting Page 1 of 9
October 5, 2022
MINUTES
A. CALL TO ORDER
A Regular Meeting of the Kenai City Council was held on October 5, 2022, in City Hall Council Chambers,
Kenai, AK. Mayor Gabriel called the meeting to order at approximately 6:00 p.m.
1. Pledge of Allegiance
Mayor Gabriel led those assembled in the Pledge of Allegiance.
2. Roll Call
There were present:
Brian Gabriel, Mayor James Baisden
Teea Winger Deborah Sounart
Glenese Pettey Jim Glendening, Vice Mayor
Henry Knackstedt
A quorum was present.
Also in attendance were:
**Silas Thibodeau, Student Representative
Paul Ostrander, City Manager
Scott Bloom, City Attorney
Terry Eubanks, Finance Director
Dave Ross, Police Chief
Ben Langham, Lieutenant
Linda Mitchell, Planning Director
Scott Curtin, Public Works Director
Lisa List, Public Works Assistant
Shellie Saner, City Clerk
3. Agenda Approval
Mayor Gabriel noted the following additions to the Packet:
Add item F.2. Public Hearing – Resolution No. 2022-64
• Postponement Memo
Add item J.3. City Clerk Report
• October 4, 2022 Unofficial Results
MOTION:
Council Member Knackstedt MOVED to approve the agenda with the requested revisions and requested
UNANIMOUS CONSENT. Council Member Pettey SECONDED the motion.
VOTE: There being no objection; SO ORDERED.
4. Consent Agenda
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City of Kenai Council Meeting Page 2 of 9
October 5, 2022
MOTION:
Council Member Knackstedt MOVED to approve the consent agenda. Council Member Baisden
SECONDED the motion.
The items on the Consent Agenda were read into the record.
Mayor Gabriel opened the floor for public comment; there being no one wishing to be heard, the public
comment period was closed.
UNANIMOUS CONSENT was requested.
VOTE: There being no objection; SO ORDERED.
*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
1. Scott Hayes, Executive Director of the Oregon Accreditation Alliance, presented the Kenai Police
Department with their first award of Accreditation; he provided an overview of the goals
established within the accreditation process.
There was discussion regarding this being one step toward building trust in our community; the 106
standards that the Kenai Police Department (KPD) must adhere to in order to maintain accreditation; and
that this ensures that KPD Officers know the policies and procedures in place and are in line with best
practices established within national standards.
C. UNSCHEDULED PUBLIC COMMENTS
Susan Smalley addressed the Council regarding her withdrawal as an Election Official; stated that she
had never worked an election when a family member was on the ballot, nor did a family member run a
write-in campaign while she was working as an official; and if anyone had concerns they could file a
complaint with the Division of Elections.
Chera Wackler addressed the Council regarding the Peninsula Period Network a 501(c)(3) non-profit;
stating it was a community lead volunteer organization dedicated to ending period poverty and reducing
trauma associated with not having ready access to safe, hygienic period products; and the goal of the
organization was to ensure period products were available in local schools.
Marion Nelson provided an update on the Biennial Juried show opening on October 6, 2022 and noted
the success of the Harvest Auction.
D. PUBLIC HEARINGS
1. Ordinance No. 3317-2022 - 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 Attachments and Installation
of a Gate. (Administration)
MOTION:
Council Member Knackstedt MOVED to enact Ordinance No. 3317-2022. Council Member Baisden
SECONDED the motion.
Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public
comment period was closed.
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City of Kenai Council Meeting Page 3 of 9
October 5, 2022
Clarification was provided that Resolution 2022-67 adopted at the September 21, 2022 meeting
authorized the City Manager to execute the grant agreement and this would accept those funds.
VOTE:
YEA: Pettey, Winger, Baisden, Gabriel, Glendening, Sounart, Knackstedt
NAY: None
**Student Representative Thibodeau: YEA
MOTION PASSED.
2. Resolution No. 2022-70 - Authorizing Changes to the Payment Terms of the Set Net
Drive Street Improvement Special Assessment District, the Aliak, Mccollum, Japonski
Streets Improvement Special Assessment District, the Thompson Park, Beaver Creek
Alaska, Mack, Valhalla Heights and Sunset Rim Subdivisions Street Improvement Special
Assessment District, the South Ames Road LID Street Improvement District, and the
James Street and Kiana Lane Improvement Special Assessment District in an Effort to
Resolve the Remaining Delinquent Accounts of the Districts. (Administration)
MOTION:
Council Member Baisden MOVED to adopt Resolution No. 2022-70. Council Member Knackstedt
SECONDED the motion.
Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public
comment period was closed.
Clarification was provided that liens were in place and this would not forgive the current balance, it would
freeze the current balance and discontinue interest and penalty if the property owners entered into an
agreement and payment terms.
MOTION:
Council Member Winger MOVED to amend Resolution No. 2022-70 to include provisions that the first
payment was due upon entering the agreement. Vice Mayor Glendening SECONDED the motion.
There was discussion regarding requiring a payment upon entering the agreement may be a deterrent
for some and that the intent of the ordinance resolve the delinquencies.
Council Member Winger requested WITHDRAWAL of the motion to amend, Vice Mayor Glendening
CONSENTED to the withdrawal. (KMC 1.15.060(o))
UNANIMOUS CONSENT was requested.
VOTE: There being no objection; SO ORDERED.
3. Resolution No. 2022-71 - Authorizing the City Manager to Execute a Grant from the
Alaska Department of Commerce, Community, and Economic Development, Division of
Community and Regional Affairs for the Kenai Bluff Stabilization Project. (Administration)
MOTION:
Council Member Baisden MOVED to adopt Resolution No. 2022-71. Council Member Sounart
SECONDED the motion.
Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public
comment period was closed.
Clarification was provided that this would authorize the City Manager to execute the grant; the bid process
would begin in April 2023; and projected to award in June 2023.
Page 31
City of Kenai Council Meeting Page 4 of 9
October 5, 2022
UNANIMOUS CONSENT was requested.
VOTE: There being no objection; SO ORDERED.
4. Resolution No. 2022-72 - Authorizing a Budget Transfer on the General Fund Decreasing
City Manager Contingency, Increasing Non-Departmental Professional Services, and
Authorizing a Change to a Purchase Order to Larson Engineering & Design for Tower
Study. (Administration)
MOTION:
Council Member Knackstedt MOVED to adopt Resolution No. 2022-72. Council Member Baisden
SECONDED the motion.
Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public
comment period was closed.
Clarification was provided that this would allow further investigation to determine the structural strength
of the guy wire anchor points, which was not included in the original scope of the tower analysis.
UNANIMOUS CONSENT was requested.
VOTE: There being no objection; SO ORDERED.
E. MINUTES
1. Joint Work Session of September 21, 2022. (City Clerk)
2. *Regular Meeting of September 21, 2022. (City Clerk)
F. UNFINISHED BUSINESS
1. Ordinance No. 3316-2022 - Amending Kenai Municipal Code 14.20.150-Conditional Use
Permits, to Further Clarify Roles and Responsibilities of Applicants, the Planning Director,
and the Planning Commission in the Conditional Use Process. (Glendening)
[Clerk's Note: At the September 21, 2022 City Council Meeting, this Ordinance was Postponed to this Meeting; a
Motions to Enact and a Motion to Amend are on the Floor.]
Mayor Gabriel opened the floor for public comment.
Alex Douthit, Vice Chair of the Planning and Zoning Commission spoke in support of the ordinance,
noting that the commission had reviewed it at their last meeting; it defined for new commissioners what
they could do and provided more clarification on a few things.
There was discussion regarding whether or not the new language clarified what the commission could or
could not do; that the ordinance did not change the functions of the code; and that conditional use permits
were frequently contested and the additional clarification would be helpful.
Jeff Twait, Chair of the Planning and Zoning Commission spoke in support of the ordinance, noting that
the ordinance did not change much; he stated concerns regarding some of the proposed language as it
may make it easier for individuals to file an appeal.
There was discussion regarding the possibility of placing the clarification in a policy rather than code; the
need for additional commissioner training and an orientation process for new commissioners; and the
training opportunities available at the Alaska Municipal League Conference.
There being no one else wishing to be heard, the public comment period was closed.
Page 32
City of Kenai Council Meeting Page 5 of 9
October 5, 2022
Council discussion resumed on the motion to Amend Ordinance 3316-2022, Section 1 paragraph
14.20.150(a) to delete the proposed new language. The motion as follows was MOVED by Council
Member Knackstedt and SECONDED by Council Member Pettey at the September 21, 2022 City Council
Meeting:
“Intent. It is recognized that there are some uses that may be compatible with designated
principal uses in specific zoning districts provided certain conditions are met. The conditional
use permit procedure is intended to allow flexibility in the consideration of the impact of the
proposed use on surrounding property and the application of controls and safeguards to
assure that the proposed use will be compatible with the surroundings. The Commission may
permit this type of use if the conditions and requirements listed in this chapter are met. The
conditional uses are listed in the Land Use Table. Before a conditional use permit may be
granted, the procedures specified in this chapter must be followed. The grant, denial,
modification, or revocation of a conditional use permit is discretionary [BUT MUST BE BASED ON
FINDINGS SUPPORTED BY SUBSTANTIAL EVIDENCE AND CITY ORDINANCES].”
Council Member Knackstedt requested WITHDRAWAL of the motion to amend, Council Member Pettey
CONSENTED to the withdrawal. (KMC 1.15.060(o))
VOTE:
YEA: Winger, Baisden, Glendening, Sounart
NAY: Gabriel, Knackstedt, Pettey
**Student Representative Thibodeau: YEA
MOTION PASSED.
2. Resolution No. 2022-64 - Approving the Renewal of a Lease Utilizing a Non-Standard
Lease Form on Airport Reserve Lands Between the City of Kenai and the Federal Aviation
Administration for the Automated Flight Service Station and Satellite Communication
Network Facilities on Lot 7A-1 FBO Subdivision No. 5. (Administration)
[Clerk's Note: At the September 21, 2022 City Council Meeting, this Resolution was Postponed to this Meeting; a
Motion to Adopt is on the Floor.]
Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public
comment period was closed.
It was noted that the Administration had requested postponement to the October 19, 2022 meeting.
MOTION TO POSTPONE:
Council Member Knackstedt MOVED to postpone Resolution No. 2022-64 to October 19, 2022. Council
Member Baisden SECONDED the motion.
UNANIMOUS CONSENT was requested on the motion to postpone.
VOTE: There being no objection; SO ORDERED.
G. NEW BUSINESS
1. *Action/Approval – Bills to be Ratified. (Administration)
Approved by the consent agenda.
2. *Action/Approval – Purchase Orders Over $15,000. (Administration)
Approved by the consent agenda.
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City of Kenai Council Meeting Page 6 of 9
October 5, 2022
3. *Action/Approval – Consent to Assignment and Assumption of Lease Agreement of ADL 37765,
ATS 770, to TK Enterprises, LLC. (Administration)
Approved by the consent agenda.
4. *Ordinance No. 3318-2022 – Renaming and Amending Kenai Municipal Code Chapter 7.30 Land
Sale Permanent Funds to Establish the Kenai Senior Center Cone Memorial Trust and Directing
All Proceeds Received as a Residual Beneficiary from the Tamara Diane Cone Testamentary
Trust to be Deposited into such Fund. (Administration)
Introduced by the consent agenda and Public Hearing set for October 19, 2022.
5. *Ordinance No. 3319-2022 - Increasing Estimated Revenues and Appropriations in the Kenai
Bluff Erosion Capital Project Fund for Construction of the Kenai Bluff Stabilization Project.
(Administration)
Introduced by the consent agenda and Public Hearing set for October 19, 2022.
6. Discussion – City Manager Job Description (Mayor Gabriel)
Clarification was provided that the Supervisory Subcommittee would review the job description with the
Human Resource Director and bring the revisions back to Council for approval.
There was discussion regarding an additional two weeks before starting the recruitment process and the
upcoming holiday schedule would not provide sufficient time for a new manager to spend some time with
the current manager.
MAIN MOTION:
Council Member Knackstedt MOVED to direct the Supervisory Subcommittee to work with the Human
Resource Director on revisions to the City Manager Job Description and to bring the revised job
description back at the October 19, 2022 Council Meeting. Council Member Baisden SECONDED the
motion.
There was discussion regarding using the 2016 job description to initiate the recruitment process and
indicate that 2022 job description modifications were pending; the need to establish a salary range and
minimum qualifications prior to adverting the position.
There was discussion regarding the use of the 2016 job description to initiate the recruitment process
and note on the recruitment notice that 2022 job description modifications were pending; the need to
establish a salary range and minimum qualifications prior to release of the recruitment notice.
SECONDARY MOTION:
Council Member Knackstedt MOVED that the recruitment notice be advertised with a salary range of
Depending on Experience (DOE). Council Member Baisden SECONDED the motion.
UNANIMOUS CONSENT was requested on the secondary motion.
VOTE: There being no objection; SO ORDERED.
SECONDARY MOTION:
Council Member Knackstedt MOVED to amend the primary motion as follows:
“Direct the Employee Supervisory Subcommittee to work with the Human Resource Director on revisions
to the City Manager job description without further Council approval and bring the revised job description
back at the October 19, 2022 Council Meeting.”
Council Member Baisden SECONDED the motion.
UNANIMOUS CONSENT was requested on the secondary motion.
Page 34
City of Kenai Council Meeting Page 7 of 9
October 5, 2022
VOTE: There being no objection; SO ORDERED.
Clarification was provided that a yes vote on the primary motion as amended would allow the
subcommittee to review and approve the minimum qualifications of the City Manager job description for
advertising with a salary range of DOE.
SECONDARY MOTION:
Council Member Baisden MOVED to authorize the Supervisory Subcommittee to approve the recruitment
notice prior to the Human Resource Director releasing it. Council Member Knackstedt SECONDED the
motion.
UNANIMOUS CONSENT was requested on the secondary motion.
VOTE: There being no objection; SO ORDERED.
VOTE ON MAIN MOTION AS AMENDED:
YEA: Baisden, Gabriel, Glendening, Sounart, Knackstedt, Pettey, Winger
NAY: None
MAIN MOTION AS AMENDED PASSED UNANIMOUSLY.
H. COMMISSION / COMMITTEE REPORTS
1. Council on Aging
Council Member Knackstedt reported on the September 29, 2022 Work Session, next meeting October
13, 2022.
2. Airport Commission
No report, next meeting October 13, 2022.
3. Harbor Commission
No report, next meeting November 7, 2022.
4. Parks and Recreation Commission
No report, next meeting October 6, 2022.
5. Planning and Zoning Commission
No report, next meeting October 12, 2022.
6. Beautification Committee
Council Member Sounart reminded everyone about the Pumpkin Festival scheduled for Saturday,
October 8, 2022, next meeting October 11, 2022.
7. Mini-Grant Steering Committee
Mayor Gabriel reported that an application had been received and a meeting would be scheduled.
I. REPORT OF THE MAYOR
Mayor Gabriel reported on the following:
• Second Annual Pumpkin drop would be on Saturday.
• BDO is currently performing the annual audit.
• Attended the Harvest Auction and it was awesome.
• Stated his appreciation for all of the Election workers and thanked his supporters.
Page 35
City of Kenai Council Meeting Page 8 of 9
October 5, 2022
J. ADMINISTRATION REPORTS
1. City Manager – City Manager Ostrander reported on the following:
• Leadership training on Monday and the second session would be on Thursday.
• Resignation of the Kenai Chamber of Commerce Director.
• Changes to the options for Employee Health Care.
• Update on the Spruce Bark Beetle Mitigation RFP.
There was discussion regarding street light maintenance; an update on the Dog Park development and
ongoing projects in the Public Works Department.
2. City Attorney – City Attorney Bloom – None.
3. City Clerk – City Clerk Saner reported on the following:
• October 4, 2022 Unofficial Election Results.
• Election night procedures.
K. ADDITIONAL PUBLIC COMMENTS
1. Citizen Comments (Public comments limited to (5) minutes per speaker) – None.
2. Council Comments
Council Member Pettey noted her attendance at the Harvest Auction; thanked all Election Officials, those
who voted and those who helped with her campaign.
Council Member Sounart noted that although working as an Election Official was a long day, it was also
a great day and that the real work begins after the polls close; and she thanked the Clerk’s Office for their
part in the election process.
Council Member Winger noted that she worked as a volunteer for the Kenai River Marathon and although
it was not a Boston qualifier people still traveled from out of state to participate; reminded everyone of
the upcoming fall events; thanked all of the Election Officials; congratulated Alex Douthit on his election;
and on behalf of Student Representative Thibodeau she reported that Homecoming week was a success.
Vice Mayor Glendening reminisced his time serving on the Council and noted that he was grateful for the
opportunity to work with others.
Council Member Baisden thanked the Election Officials and those who ran for office; he reported that the
Volley Ball Booster raised $16,000 towards fighting cancer.
Council Member Knackstedt thanked the Election Officials; he thanked Susan Smalley for her years of
service working as an Election Official; and the Planning Commissioners who testified.
L. EXECUTIVE SESSION – None.
M. PENDING ITEMS – None.
N. ADJOURNMENT
O. INFORMATIONAL ITEMS
1. Purchase Orders Between $2,500 and $15,000.
2. CIRCAC Director’s Report
Page 36
City of Kenai Council Meeting Page 9 of 9
October 5, 2022
There being no further business before the Council, the meeting was adjourned at 9:13 p.m.
I certify the above represents accurate minutes of the Kenai City Council meeting of October 5, 2022.
Michelle M. Saner, MMC
City Clerk
** The student representative may cast advisory votes on all matters except those subject to executive
session discussion. Advisory votes shall be cast in the rotation of the official council vote and shall not
affect the outcome of the official council vote. Advisory votes shall be recorded in the minutes. A student
representative may not move or second items during a council meeting.
Page 37
Sponsored by: Administration
New Text Underlined; [DELETED TEXT BRACKETED]
CITY OF KENAI
RESOLUTION NO. 2022-64
A RESOLUTION APPROVING THE RENEWAL OF A LEASE UTILIZING A NON-STANDARD LEASE
FORM ON AIRPORT RESERVE LANDS BETWEEN THE CITY OF KENAI AND THE FEDERAL
AVIATION ADMINISTRATION FOR THE AUTOMATED FLIGHT SERVICE STATION AND SATELLITE
COMMUNICATION NETWORK FACILITIES ON LOT 7A-1 FBO SUBDIVISION NO. 5.
WHEREAS, the lease to the Federal Aviation Administration (FAA) for Automated Flight Service Station
(AFSS) and Satellite Communication Network facilities on Lot 7A-1 FBO Subdivision No. 5, expires on
September 30, 2022; and,
WHEREAS, on June 8, 2022, the FAA submitted an application for a lease renewal of the City owned
facility within the Airport Reserve, described as the AFSS, a 10,812 square foot building located on Lot
7A-1 FBO Subdivision No. 5; and,
WHEREAS, the proposed lease would be mutually beneficial and would conform with Kenai Municipal
Code for zoning, Kenai's Comprehensive Plan, the Airport Land Use Plan, Airport Layout Plan, Federal
Aviation Administration regulations, Airport Master Plan, Airport Improvement Program grant assurances,
and Airport operations; and,
WHEREAS, the City of Kenai did not receive a competing lease application within thirty (30) days of
publishing a public notice of the lease application from the FAA; and,
WHEREAS, at their regular meeting on September 14, 2022, the Planning and Zoning Commission
reviewed the lease application and recommended approval by the City Council.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA:
Section 1. The Council of the City of Kenai approves the attached non-standard space lease form by
the FAA for the lease of Lot 7A-1, Block 2, FBO Subdivision, locate within the Airport Reserve, to the
FAA for the use of an automated flight service station.
Section 2. The City Manager is authorized to execute the lease between the City of Kenai, Lessor, and
the FAA, Lessee.
Section 3. That this Resolution takes effect immediately upon passage.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 5th DAY OF OCTOBER, 2022.
___________________________________
Brian Gabriel Sr., Mayor
ATTEST:
___________________________________
Michelle M. Saner, MMC, City Clerk
Page 38
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Max Best, Interim Planning Director
DATE: August 15, 2022
SUBJECT: Resolution No. 2022-64 – Approving the Renewal of a Lease on Airport
Reserve Lands between the City of Kenai and the Federal Aviation
Administration for the Automated Flight Service Station Facility on Lot
7A-1, FBO Subdivision No. 5.
The City has received a request for a renewal of the Federal Aviation Administration (FAA) lease
of the Automated Flight Service Station (AFSS). The FAA has leased the space for the purpose
of operating the AFSS and Satellite Communication Network (SACOM) facilities dating back to
1983.
The lease agreement if for Lot 7A-1, FBO Subdivision No. 5, a 3.445 acre parcel the parcel
contains the City owned Automated Flight Service Station a 10,812 square foot building.
Pursuant to Kenai Municipal Code 21.10.060 Lease application review, notice of the lease
application was posted in the Peninsula Clarion and stated competing applications may be
submitted for the parcel within 30 -days to the City. The 30 -day window from publication ended
on July 16, 2022, and to-date, no competing applications have been submitted to the City.
The parcel is within the Airport Light Industrial (ALI) Zone. Pursuant to KMC 14.20.065, the
purpose of the ALI Zone is to protect the viability of the Kenai Municipal Airport as a significant
resource to the community by encouraging compatible land uses and reducing hazards that may
endanger the lives and property of the public and aviation users. The proposed aeronautical use
is a permitted and compatible use in the ALI Zone.
The Imagine Kenai 2030 Comprehensive Plan outlines goals, objectives, and action items for the
City, including this one pertaining to the Kenai Municipal Airport:
Objective T- 1: Support future development near or adjacent to the airport when such
development is in alignment with the Kenai Municipal Airport's primary mission, "To be the
commercial air transportation gateway to the Kenai Peninsula Borough and Cook Inlet."
Page 39
Page 2 of 2
The proposed use complies with the Imagine Kenai 2030 Comprehensive Plan by supporting
development on lease lots with development that is in alignment with the Kenai Municipal Airport's
marketing strategy.
Please review the attached materials.
Your consideration is appreciated.
Attachments:
City of Kenai Land Lease Application from FAA
470 N. Willow Street Map & Plat
Page 40
Name of Applicant:
City:State:Zip Code:
City:State:Zip Code:
Type of Applicant: Individual (at least 18 years of age) Partnership Corporation Government
Limited Liability Company (LLC) Other _________________________________
Legal description of property (or, if subdivision is required, a brief description of property):
Does the property require subdivision? (if Yes, answer next questions) YES NO
2.If determined it does not, applicant is responsible for all subdivision costs.
YES NO
Initials _______
Initials _______
It is the responsibility 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) YES NO
Request a Lease with an Option to Purchase once development requirements are met? YES NO
Requested term for Initial Lease or Renewal (based on Term Table, not to exceed 45 years):
Requested term for Lease Extension (based on Term Table, not to exceed a total of 45 Years):
Extension
Renewal
City of Kenai
Land Lease Application
Mailing Address:
Mailing Address:
E-mail: (Optional)
1. Legal or brief description of property leased:
New Lease
Requested Starting Date:
Property Information and Term Requested
Applicant Information
Home Phone: Phone Number(s):
E-mail: (Optional)
Subdivision costs are the responsibility of the applicant unless the City Council
determines a subdivision serves other City purposes:
Amendment
Assignment
1. Do you believe the proposed subdivision would serve other City purposes?
If an appraisal is required to determine the minimum price on the land, applicant is responsible
for the deposit to cover costs associated with appraisal. If a sale is approved, the cost of the
appraisal will be either refunded or credited to the applicant.
Application for:
Work/ Message Phone:
Work/ Message Phone:
Application Date:
Name to Appear on Lease:
Phone Number(s):Home Phone:
5/25/2022
Department of Transportation - Federal Aviation Administration
2200 S 216th St Des Moines WA 98198
Federal Aviation Administration
2200 S 216th St Des Moines WA 98198
206-231-3058
7A-l,Block 2 FBO Subdivision No. 5, according to Plat No. 92-60, in the Kenai Recording District, Third Judicial
District, State of Alaska. Comprising more or less 3.445 acres, and a 3.214 acre building restr. clear zone easement
7A-l,Block 2 FBO Subdivision No. 5, according to Plat No. 92-60, in the Kenai Recording District, Third Judicial District, State of Alaska. Comprising more or less 3.445 acres, and a 3.214 acre building restriction clear zone easement at 470 North Willow Street, Kenai, Alaska.
TBD
10/01/2022
X
K(;NAI
X
)(
)(
X
X
Page 41
Do you plan to construct new or additional improvements? (if Yes, answer next five questions) YES NO
1. Will the improvement change or alter the use under an existing lease? YES NO
2. What is the proposed use of the improvement?
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 estimated to commence and be completed?
Estimated Start Date: Estimated Completion Date:
Describe the proposed business or activity intended:
How does the proposed lease support a thriving business, residential, recreational, or cultural community?
Renewal of an Existing Lease (at least one year of term remaining): Requires new development.
Lease Term based on: Estimated cost of new improvements and Purchase Price (optional)
Renewal of an Expiring Lease (less than one year of term remaining): Does not require new development.
Lease Term based on: Purchase Price Professional Estimate of Remaining Useful Life
Fair Market Value appraisal and/or Estimated cost of new improvements (optional)
Requested Term for Renewal Based on Term Table, not to exceed 45 Years:
Signature:Date:
Print Name:Title:
For City Use Only:
General Fund Airport Reserve Land
Airport Fund Outside Airport Reserve
Date Application Fee Received:
Account Number:
Date Application Determined Complete:
30-Day Notice Publication Date:
City Council Action/Resolution:
Proposed Use and Improvements
(generally, construction must be completed within two years)
Submitting an application for a lease does not give the applicant a right to lease or use the land requested in the application. The application
shall expire twelve (12) months after the date the application has been made if the City and the applicant have not, by that time, entered into a
lease, unless the City Council for good cause grants an extension for a period not to exceed six (6) months. The City has no obligation to
amend, renew or extend a lease and may decline to do so upon making specific findings as to why a lease renewal, extension, or amendment is
not in the best interest of the City
Lease Assignment Only: What is the name of the individual or legal entity the lease is to be assigned?
Proposed Use (check one): Aeronautical Non-Aeronautical
Lease Renewal Only
Cori Beekman
N/A
N/A
N/A
This space will be used by the Federal Aviation Administration for our Automated Flight Service Station and Satellite
Communications Center (currently in place under prior lease with the City of Kenai)
FAA is tasked with supporting the safety of the National Airspace. The operations are critical for flight safety in the
local area of Kenai as well as for national flights throughout the country.
N/A
TBD
06/08/2022
RECO
CORI A BEEKMAN
Digitally signed by CORI A
BEEKMAN
Date: 2022.06.08 06:30:16 -07'00'
X
X
Page 42
PAYMENTS OVER $15,000.00 WHICH NEED COUNCIL RATIFICATION
COUNCIL MEETING OF: OCTOBER 19, 2022
VENDOR
PERS
HOMER ELECTRIC
REBORN AGAIN JANITORIAL
INVESTMENTS
VENDOR
DESCRIPTION
PERS
ELECTRIC USAGE
SEPTEMBER SERVICES
DESCRIPTION
DEPARTMENT
VARIOUS
VARIOUS
AIRPORT
MATURITY DATE
ACCOUNT
LIABILITY
UTILITIES
REPAIR & MAINTENANCE
AMOUNT
AMOUNT
110,987.13
106,651.48
4,231.25
Effect. Int.
Page 45
Sponsored by: Administration
New Text Underlined; [DELETED TEXT BRACKETED]
CITY OF KENAI
ORDINANCE NO. 3320-2022
AN ORDINANCE ACCEPTING AND APPROPRIATING A DONATION FROM HILCORP ENERGY
COMPANY TO ASSIST WITH THE ANNUAL AREA-WIDE SENIOR THANKSGIVING DINNER.
WHEREAS, annually the Kenai Senior Center hosts a Thanksgiving Dinner that is open to seniors from
all over the Central Peninsula; and,
WHEREAS, the City has received a donation from Hilcorp Energy Services in the amount of $3,500 for
the purchase of food and supplies for the dinner; and,
WHEREAS, it is in the best interest of the city of Kenai to accept and appropriate this donation for the
purposes described above.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS
FOLLOWS:
Section 1. That the City Manager is authorized to accept a donation from Hilcorp Energy Company
in the amount of $3,500 and to expend the donated funds to fulfill the purpose and intent of the donation
and this ordinance.
Section 2. That the estimated revenues and appropriations be increased as follows:
Senior Citizen Special Revenue Fund:
Increase Estimated Revenues –
Donations $3,500
Increase Appropriations –
Congregate Meals – Operating Supplies $2,000
Home Meals – Operating Supplies 1,500
$3,500
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 BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 2ND DAY OF NOVEMBER,
2022.
___________________________________
Brian Gabriel Sr., Mayor
Page 46
Ordinance No. 3320-2022
Page 2 of 2
New Text Underlined; [DELETED TEXT BRACKETED]
ATTEST:
___________________________________
Michelle M. Saner, MMC, City Clerk
Approved by Finance: _________________
Introduced: October 19, 2022
Enacted: November 2, 2022
Effective: November 2, 2022
Page 47
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Paul Ostrander, City Manager
FROM: Kathy Romain, Senior Center Director
DATE: October 10, 2022
SUBJECT: Ordinance No. 3320-2022 – Hilcorp Energy Services Donation
Hilcorp Energy Services has donated $3,500 for the annual Areawide Senior Thanksgiving Dinner
to be held on Friday, November 18, 2022. This is the ninth year Hilcorp has provided funding for
this event. During the COVID-19 years, we were able to provide curb-side and home-delivered
meals. This year we will have in-house dining, as well as curbside and home-delivered meals for
this event.
The Areawide Senior Thanksgiving Dinner is a tradition that began in 1976. A Homemakers Club
provided and served the first meal. From there it grew and has been passed on through Unocal,
Agrium, and Marathon Oil and since 2012, Hilcorp has continued the tradition by providing the
funding and the volunteers. We are fortunate to live in a community that celebrates the elders
who helped make Alaska what it is today.
The donation will be used as follows:
Congregate Meals – Operating Supplies $2,000
Home Meals – Operating Supplies 1,500
Total Donation $3,500
Thank you for your consideration.
Page 48
MEMORANDUM
TO: Mayor Gabriel and Council Members
FROM: Shellie Saner, City Clerk
DATE: October 10, 2022
SUBJECT: Discussion – Cancellation of December 7, 2022 City Council Meeting
to Accommodate Alaska Municipal League Conferences
Alaska Municipal League (AML) has scheduled its 2022 Annual Local Government Conference
in Anchorage for December 7-9. In past years, when AML held their conference in late November,
Council’s second meeting in November would often be cancelled to allow Council Members to
attend.
Our request is for you to consider cancellation of the December 7, 2022 City Council Meeting, to
accommodate those Council Members who want to attend this year’s AML Conference.
Cancelling this meeting would also help the Clerk’s Office, whose conference ends on Tuesday,
December 6th.
Pursuant to City Charter, a meeting may be cancelled by a majority of council members for any
reason as long as at least twenty (20) regular meetings are held each year and at least one each
month. If the December 7th meeting is cancelled, we would still be in compliance with this
requirement.
Your consideration is appreciated.
Page 49
MEMORANDUM
TO: City Council Members
FROM: Mayor Brian Gabriel
DATE: October 10, 2022
SUBJECT: Discussion – Supervisory Subcommittee Report on City Manager
Recruitment
The Supervisory Subcommittee met on Friday, October 7 and worked with the Human Resources
Director on revisions to the City Manager job description and approved the recruitment notice.
The revised job description and recruitment notice are attached.
The position was advertised on the City’s Job Opportunities page on October 10, 2022 with a
closing date of October 28, 2022. Additional advertising will be accomplished through the
Peninsula Clarion, Anchorage Daily News, Alaska Municipal League, International City & County
Manager’s Association, Alaska Job Center, and the City of Kenai – Government Facebook page.
If there are no objections from the City Council, the proposed schedule for recruitment is as
follows:
October 10 – October 28 Receive Applications
October 19, Regular Council Meeting Election Results Certified (new terms begin 10/23/22)
Discussion Item – City Manager Recruitment
October 19 – October 28 Subcommittee Develops Recommended Interview
Questions and Applicant Screening Process
November 2, Regular Council Meeting New Supervisory Subcommittee Selected
Council May Convene into Executive Session to
Finalize Interview Questions and Applicant Selection
Process
November 3 – November 10 Subcommittee Develops Top Candidate List and
Delivers All Applications to Council
November 10, Special Meeting Council Selects Top Candidates for Interviews
Council May Convene into Executive Session
November 17/18, Special Meeting Council Conducts City Manager Applicant Interviews
Council May Convene into Executive Session to
select a candidate
This schedule may be modified to accommodate additional interviews and selection of finalist
contingent upon reference and background checks.
Attached: City Manager Job Description, City Manager Job Posting
Page 50
CITY OF KENAI
CITY MANAGER
TITLE: CITY MANAGER
SUPERVISOR: CITY COUNCIL
NO. SUPERVISED: 110 - 125
NORMAL HOURS/WK: 40
SERVICE TYPE: EXEMPT
GENERAL DESCRIPTION The City Manager serves as the Chief Administrative Officer
of the City of Kenai and is appointed by and reports to the Mayor and the City Council.
The City Manager performs all duties and assumes all responsibilities required by Alaska
Statutes, the City Code and the Charter of the City of Kenai and works with the broadest
level of independence. This position requires daily contact with elected, administrative,
federal, state and local officials, as well as the public.
ESSENTIAL DUTIES AND RESPONSIBILITIES
1. Plan, direct, coordinate, and administer the activities of all departments in carrying out
the requirements of City ordinances, rules, regulations, and policies of the City
Council.
2. Appoint, supervise, evaluate, discipline, or terminate, all directors, or heads of
administrative departments and all other administrative officers and employees of the
City in accordance with City personnel policies.
3. Administer the City’s personnel program, supervise, directly or indirectly, all
administrative departments, agencies, officers, and employees of the City.
4. Prepare an annual budget and submit it to the Council, be responsible for budget
administration after appropriations are made, and recommend to the Council any
necessary changes in the estimates and appropriations.
5. Submit a report to the Council at the end of the fiscal year on the finances and
administrative activities of the City for the preceding year; report regularly to Council
concerning the status of all assignments, projects, and functions of the City.
6. Keep the Council advised of the financial condition and future needs o f the City, and
make such recommendations on matters of policy and other matters to the Council as
necessary.
7. Hold staff meetings with all department heads to insure adequate cross -
communication between the departments and the City Manager as relates to c urrent
and pending actions of the City. In addition, in preparing annual budgets, include
informational input from all department heads.
Page 51
8. Work through duly elected appointees/ representatives of the Planning Commission
(City of Kenai and Kenai Peninsula Borough) and the Borough Assembly, so that all
matters relating to those bodies may be addressed as a unified City action.
9. Keep an active checklist of Council questions and problems and attempt to answer or
dispose of the same as prioritized by the Council.
10. Present all lease applications to the City Council. Where applicable, the applications
will first be presented to the Kenai Planning Commission for its consideration.
11. Enter into contracts and purchase agreements not to exceed the amount authorized
by the Council or by City Code.
12. Act as the Council’s representative before any body, assemblage, or business
meeting not within the boundaries of the City of Kenai.
13. Submit proposed ordinances and resolutions.
14. Administer oaths of office and affirmations in any matter pertaining to the affairs and
government of the City.
15. Have regular, reliable, and predictable attendance at work.
16. Perform other related duties as requested by the City Council or as required by law.
MINIMUM QUALIFICATIONS
1. Bachelor’s degree in public administration or an equivalent combination of experience
and training providing at least five (5) years of high level administrative and/or
management experience requiring independent judgment and initiative, preferably in
the area of municipal government.
2. Possess or obtain a valid Alaska driver’s license within thirty (30) days of employment
and prior to operating a City vehicle. Applicants will be required to submit a Division
of Motor Vehicles record upon request.
3. The applicant (or employee after hire) must pass a background check, including but
not limited to a criminal background check and credit report in accordance with the
Fair Credit Reporting Act (FCRA).
4. The employee must be available to work varying schedules including weekend s,
evening, and holidays and the may be asked to respond to emergency call outs when
available.
Page 52
5. At the time of appointment, the applicant need not be a resident of the City or State;
but, the employee must reside with the City while serving as City Manager.
WORKING ENVIRONMENT
The work environment is typically in an indoor office and community room setting,
adequately heated, lighted, and ventilated. The City Manager must work during daytime
and nighttime hours. The employee must attend public meetings, often at night. The
appointee must occasionally travel to other areas in the community, particularly public
office buildings.
PHYSICAL DEMANDS
While performing the duties of this job, the employee is regularly required to communicate
orally and to use hands dexterously to operate office equipment (e.g., computers,
telephones, photocopiers, keyboards, scanners, and other general office equipment).
The employee must be able to communicate orally in person and on th e telephone. The
employee is frequently required to sit for long periods of time and is occasionally required
to stand, walk, stoop, bend, crouch, lift, and reach with hands and arms. The employee
must occasionally transport up to 40 pounds. Specific vision abilities required include
close vision and ability to adjust focus. Reasonable accommodations may be made to
enable individuals with disabilities to perform the essential functions.
MISCELLANEOUS INFORMATION
The City of Kenai is an equal opportunity employer. Employment is based on
qualifications free of personal and political considerations, with equal opportunity for all
with no discrimination on the basis of race, color, religion, sex, national origin, age,
disability, marital status, changes in marital status, pregnancy, parenthood, genetic
information or any other basis prohibited by law.
Page 53
CITY OF KENAI
invites applications for the position of:
City Manager
SALARY:$125,000.00 - $165,000.00 Annually
DEPARTMENT:Administration
OPENING DATE:10/10/22
CLOSING DATE:10/28/22 05:00 PM
JOB DESCRIPTION:
The City Manager serves as the Chief Administrative Officer of the City of Kenai and is
appointed by and reports to the Mayor and the City Council. The City Manager performs all
duties and assumes all responsibilities required by Alaska Statutes, the City Code and the
Charter of the City of Kenai and works with the broadest level of independence. This position
requires daily contact with elected, administrative, federal, state and local officials, as well as the
public.
Established in 1960, the City of Kenai (population 7,742, 29 square miles) is located on the
Kenai Peninsula where the world-famous Kenai River meets the Cook Inlet. Kenai’s history,
community, location, outdoor recreational opportunities, and diverse economy have proven
Kenai as the Heart of the Kenai Peninsula. For more information on the City of Kenai, visit
www.kenai.city or the city-affiliated website, www.ilovekenai.com
ESSENTIAL DUTIES AND RESPONSIBILITIES:
1. Plan, direct, coordinate, and administer the activities of all departments in carrying out the
requirements of City ordinances, rules, regulations, and policies of the City Council.
2. Appoint, supervise, evaluate, discipline, or terminate, all directors, or heads of
administrative departments and all other administrative officers and employees of the City
in accordance with City personnel policies.
3. Administer the City's personnel program, supervise, directly or indirectly, all administrative
departments, agencies, officers, and employees of the City.
4. Prepare an annual budget and submit it to the Council, be responsible for budget
administration after appropriations are made, and recommend to the Council any
necessary changes in the estimates and appropriations.
5. Submit a report to the Council at the end of the fiscal year on the finances and
administrative activities of the City for the preceding year; report regularly to Council
concerning the status of all assignments, projects, and functions of the City.
6. Keep the Council advised of the financial condition and future needs of the City, and make
such recommendations on matters of policy and other matters to the Council as
necessary.
7. Hold staff meetings with all department heads to insure adequate cross-communication
between the departments and the City Manager as relates to current and pending actions
of the City. In addition, in preparing annual budgets, include informational input from all
department heads.
8. Work through duly elected appointees/ representatives of the Planning Commission (City
of Kenai and Kenai Peninsula Borough) and the Borough Assembly, so that all matters
relating to those bodies may be addressed as a unified City action.
9. Keep an active checklist of Council questions and problems and attempt to answer or
dispose of the same as prioritized by the Council.
Page 54
10. Present all lease applications to the City Council. Where applicable, the applications will
first be presented to the Kenai Planning Commission for its consideration.
11. Enter into contracts and purchase agreements not to exceed the amount authorized by
the Council or by City Code.
12. Act as the Council's representative before any body, assemblage, or business meeting not
within the boundaries of the City of Kenai.
13. Submit proposed ordinances and resolutions.
14. Administer oaths of office and affirmations in any matter pertaining to the affairs and
government of the City.
15. Have regular, reliable, and predictable attendance at work.
16. Perform other related duties as requested by the City Council or as required by law.
MINIMUM QUALIFICATIONS:
1. Bachelor's degree in public administration or an equivalent combination of experience and
training providing at least five (5) years of high level administrative and/or management
experience requiring independent judgment and initiative, preferably in the area of
municipal government.
2. Possess or obtain a valid Alaska driver's license within thirty (30) days of employment and
prior to operating a City vehicle. Applicants will be required to submit a Division of Motor
Vehicles record upon request.
3. The applicant (or employee after hire) must pass a background check, including but not
limited to a criminal background check and credit report in accordance with the Fair Credit
Reporting Act (FCRA).
4. Employee must be available to work varying schedules including weekends, evening, and
holidays and the may be asked to respond to emergency call outs when available.
5. At the time of appointment, the applicant need not be a resident of the City or State; but,
the employee must reside with the City while serving as City Manager.
SUPPLEMENTAL INFORMATION:
All applicants are required to submit a resume and cover letter as attachments to their
application.
Please note the essential duties and responsibilities listed are not designed to cover or contain a
comprehensive listing of activities, duties or responsibilities that are required of the employee for
this job. Duties, responsibilities and activities may be added, removed or changed at any time
with or without notice prior to employment.
This is an appointed position with health and retirement benefits. The successful candidate must
be willing to enter into an employment agreement for a minimum of three (3) years with the
salary and terms and conditions of employment negotiated with the City Council.
The applicant pool acquired during this recruitment may be used for up to ninety (90) days after
this recruitment closes.
Applications may be subject to public disclosure.
APPLICATIONS MAY BE FILED ONLINE AT:
http://www.kenai.city
210 Fidalgo Ave
Kenai, AK 99611
(907) 283-8242
ccunningham@kenai.city
Position #00187
CITY MANAGER
CC
City Manager Supplemental Questionnaire
*1.Have you carefully read the minimum qualifications for this position, and do you certify
that you possess the required education and/or experience to meet the minimum
qualifications?
Yes No
*2.To complete your application for this position a cover letter is required. Have you
attached the required cover letter? Failure to submit a cover letter may lead to a
determination your application is incomplete and removal from consideration for this
position with the City of Kenai.
Page 55
Yes No
* Required Question
Page 56
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
FROM: Paul Ostrander, City Manager
DATE: October 19, 2022
SUBJECT: Discussion - Work Session with Kenaitze Indian Tribe, Tribal Council
The Kenaitze Indian Tribe and City Administrations have been working to strengthen the
relationship between the two organizations. Through discussions with their Executive
Director, Peter Evon, the topic of a joint work session was suggested. The purpose of a
joint work session would be to provide an opportunity for the Tribal Council and City
Council to discuss items that are important to their organizations and explore ways they
could partner on future projects.
Administration is recommending November 2, 2022 for the work session. November 2
coincides with a Tribal Council meeting that ends at 4 pm that day, so a work session just
prior to the regularly scheduled City Council meeting from 4:45 to 5:45 should work well
for their Council Members.
Work sessions have already been scheduled to be held just prior to the regularly
scheduled City Council meetings to discuss the 2024-2028 Capital Improvement plan on
November 16, 2022 and for a budget goals work session on December 21, 2022.
Administration is respectfully requesting Council to schedule a joint work session with the
Tribal Council from 4:45 to 5:45 on November 2, 2022.
Page 57
KENAI PLANNING & ZONING COMMISSION –
REGULAR MEETING
OCTOBER 12, 2022 – 7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
CHAIR JEFF TWAIT, PRESIDING
Planning & Zoning Commission Meeting Page 1 of 3
October 12, 2022
MINUTES
A. CALL TO ORDER
A Regular Meeting of the Kenai Planning & Zoning Commission was held on October 12, 2022, in City
Hall Council Chambers, Kenai, AK. Chair Twait called the meeting to order at approximately 7:00 p.m.
1. Pledge of Allegiance
Chair Twait led those assembled in the Pledge of Allegiance.
2. Roll Call
There were present:
Commissioners present: J. Twait, A. Douthit, G. Woodard, V. Askin, J. Halstead, G.
Greenberg, D. Fikes
Commissioners absent: None.
Staff/Council Liaison present: Planning Director L. Mitchell, Vice Mayor J. Glendening, Deputy
Clerk M. Thibodeau
A quorum was present.
3. Agenda Approval
MOTION:
Commissioner Halstead MOVED to approve the agenda as presented. Commissioner Askin SECONDED
the motion. There being no objection; SO ORDERED.
4. Consent Agenda
MOTION:
Commissioner Halstead MOVED to approve the consent agenda. Commissioner Woodard SECONDED
the motion. There being no objection; SO ORDERED.
*All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission
and will be approved by one motion. There will be no separate discussion of these items unless a
commission 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.
5. *Excused Absences – None.
B. APPROVAL OF MINUTES
1. *Regular Meeting of September 14, 2022
Approved by the consent agenda.
C. SCHEDULED PUBLIC COMMENTS – None.
Page 58
Planning & Zoning Commission Meeting Page 2 of 3
October 12, 2022
D. UNSCHEDULED PUBLIC COMMENTS – None.
E. CONSIDERATION OF PLATS – None.
F. PUBLIC HEARINGS – None.
G. UNFINISHED BUSINESS – None.
H. NEW BUSINESS
1. Action/Approval – Approving a time extension for the finalization of Beaver Loop Acres
Addition No. 2 Preliminary Plat.
MOTION:
Commissioner Askin MOVED to approve a time extension for the finalization of Beaver Loop Acres Addition
No. 2 Preliminary Plat. Vice Chair Douthit SECONDED the motion.
Director Mitchell provided a staff report noting that the preliminary plat had originally been approved in 2020
with an expiration timeframe of two years; the applicant had asked for a time extension to finalize. She
explained that the Kenai Peninsula Borough would not typically approve a time extension request without
approval from the Kenai Planning & Zoning Commission, but they made an exception and conditionally
approved it due to time constraints on the plat expiration.
VOTE:
YEA: Askin, Woodard, Douthit, Fikes, Greenberg, Halstead, Twait
NAY: None.
MOTION PASSED UNANIMOUSLY.
I. PENDING ITEMS – None.
J. REPORTS
1. City Council – Vice Mayor Glendening reported on the actions of the October 5, 2022 City
Council Meeting.
2. Kenai Peninsula Borough Planning – Commissioner Fikes reported on the actions of the
October 10, 2022 Kenai Peninsula Borough Planning Meeting.
3. City Administration – Planning Director Mitchell reported on the following:
• Planning Department is fully staffed; she and Planning Assistant Karrie Barone both
began working with the City within the past few weeks.
• Anticipates future work sessions which will look at administrative Planning processes
and the role of the Commission.
• Working on a special project to finalize the Land Management Plan.
• Sent out reminders for Conditional Use Permit annual reports.
• The Planning Department has 11 active applications and 10 open code-enforcement
cases.
K. ADDITIONAL PUBLIC COMMENTS – None.
L. INFORMATION ITEMS – None.
M. NEXT MEETING ATTENDANCE NOTIFICATION
1. Next Meeting Date: October 26, 2022
Page 59
Planning & Zoning Commission Meeting Page 3 of 3
October 12, 2022
N. COMMISSION COMMENTS & QUESTIONS
Commissioner Woodard congratulated the City Council election winners and retirees.
Commissioner Askin reported feedback from the public regarding an applicant whose permit had been
denied. Congratulated Commissioner Douthit and Vice Mayor Glendening.
Commissioner Halstead noted that it had been a privilege working with Commissioners Askin and Douthit,
and will be great additions to the City Council; congratulated Vice Mayor Glendening on his retirement.
Commissioner Greenberg congratulated the City Council election winners, Planning Director Mitchell and
Vice Mayor Glendening.
Commissioner Fikes congratulated Vice Mayor Glendening on his retirement, and looks forward to hearing
from him in the future.
Vice Chair Douthit noted that it will be his last meeting; congratulated Commissioner Askin and Vice Mayor
Glendening. Noted that he looks forward to working with Planning Director Mitchell.
Chair Twait noted that he is looking forward to filling the Commission vacancies and working with Planning
Director Mitchell.
O. ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned at 7:36 p.m.
Minutes prepared and submitted by:
____________________________
Meghan Thibodeau
Deputy City Clerk
Page 60
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Eland Conway, Airport Manager
DATE: October 12, 2022
SUBJECT: Kenai Municipal Airport (ENA) Mid-Month Report
Enplanements
Rebounding from a decline in July and August, enplanements are up 4.62% YOY for the month
of September. ENA enplanements continue to trend upward toward pre-pandemic levels up 10%
YTD compared to 2021.
Parking Revenue
Parking revenue continues to perform strong YOY, up 21% in the month of September, and up
40% YTD compared to 2021.
Page 61
Airport Mid-Month Report
Page 2 of 2
ENA Snow Fighters
Annually, ENA supplements the depth of our Team of Snow Fighters with seasonal operators and
temporary call-in equipment operators. The Airport has extended conditional offers to seven
temporary equipment operators—six are returning Veteran Snow Fighters. The Airport will also
benefit from two returning seasonal operators.
These positions are a critical part of keeping the airport safe, open and operating throughout the
winter season.
For Lease
Suite 120, in the Kenai Municipal Airport's newly renovated terminal features modern Class A+
commercial/retail/professional space. This space garners the most exposure on the Kenai
Peninsula—more than 180,000 passengers pass through the Kenai Municipal Airport annually.
Suite 120 Features
» 300 square feet
» 100% generator backup power
» Includes all utilities
» Convenient
» FREE Employee Parking
To learn more, visit https://bit.ly/Suite120
Page 62
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
THROUGH: Dave Ross, Police Chief
FROM: Jessica “JJ” Hendrickson, Animal Control Chief
DATE: October 2, 2022
SUBJECT: September 2022 Monthly Report
This month the Kenai Animal Shelter took in 57 animals. Animal intake and disposition:
DOGS:
INTAKE 29 DISPOSITION 19
Waiver 7 Adopted 5
Stray 10 Euthanized 3
Impound 1 Claimed 9
Protective Custody 1 Field Release 1
Quarantine 1 Transferred 1
Microchips 8 Other Dispositions
Other Intakes 1
CATS:
INTAKE 26 DISPOSITION 26
Waiver 10 Adopted 21
Stray 16 Euthanized 2
Impound 0 Claimed 3
Protective Custody 0 Field Release
Quarantine 0 Transferred
Page 63
Page 2 of 2
7 Animal dropped with After Hours (days we are closed but cleaning and with KPD)
25 Animals are known borough animals
14 Animals are known City of Kenai
10 Animals are known City of Soldotna
1 Animals from unknown location
26 Field Investigations & patrols
6.20 Volunteer Hours Logged
2 Citations
0 Educational Outreach
Statistical Data:
539 2020 YTD Intakes
459 2021 YTD Intakes
366 2022 YTD Intakes
Microchips 0 Other Dispositions 0
Other Intakes 0
0
OTHER ANIMALS:
INTAKE 2 DISPOSITION 0
Guinea Pig 2 Chinchilla 0
Rabbit 0 Rabbit 0
Other 0 Guinea Pig 0
DOA: 10 OTHER STATISTICS:
Dog 9 Licenses (City of Kenai Dog Licenses) 6
Cat 1
Rabbit 0
Page 64
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Paul Ostrander, City Manager
FROM: Lana Metcalf, Controller
DATE: October 12, 2022
SUBJECT: Finance Department, October 2022 Mid-Month Report
Auditors completed their fieldwork on October 6th and a draft of the FY2022 Annual
Comprehensive Financial Report is near completion for their review. Presentation to the Council
should be at the first meeting in January.
The department is assisting the Parks and Rec department on completion of its section of the
City’s Dip Net report. The report is a summation of information from various departments and
includes a detailed analysis of the revenues from and cost to operate the event.
With the assistance of a consultant, the department is working on implementation of
Governmental Accounting Standards Board (GASB) Pronouncement 87 dealing with the
accounting for leases. This new pronouncement requires all leases to be valued and presented
on the City’s financial statements at their present value. Implementation will be completed for the
City’s FY2022 Annual Comprehensive Financial Report.
Preparation will soon begin for the FY24 annual budget. Historical and future projections are
typically provided to departments in December of each year to assist in their budget preparation
and much work takes place in putting this information together. In preparation for the budget
process the department is seeking comments or requests from Council members on specific
improvements they would like to see or information they would like included in the FY2024 budget
process.
Page 65
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Paul Ostrander, City Manager
FROM: Tony Prior, Fire Chief
DATE: October 5, 2022
SUBJECT: Fire Department Mid-Month Report – September
Calls for service for September increased compared to 2021 as we prepare for colder weather
and increased uses of heating systems and icy roads. Here is the breakdown for September 2022.
September 2021 2022 % change
Totals 117 137 17.1%
EMS 81 100 23.5%
All Other 36 37 2.8%
Year total 1065 1123 5.4%
Training:
• All personnel we busy training in preparation for promotional exams. Including; Officer
training, Engineer training and Firefighter training.
Projects/Grants:
• We have signed agreements with State of Alaska Division of Forestry, as well as USDA
Forest Service to proceed with our CWPP projects. The next step is to develop a RFP to
put out to bid and begin project work this late Fall.
• Internal promotional processes have been completed for the positions of Captain and
Engineer. We are excited to announce the Promotion of Scott Summers to the position of
Fire Captain and Dustin Voss to the position of Fire Engineer. All personnel who tested
performed very well and I am proud of the depth of personnel who are able to fill the
positions above their current ones. This means that they have been working and training
very hard to be ready for these promotional processes.
• We will begin Fire Prevention month (October) with this year’s theme of “Get Up! Get Out!
Get Safe!” We will be in all the local schools teaching all ages of students in fire safety
that is pertinent to age groups.
Page 66
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Christine Cunningham, Human Resources Director
DATE: October 12, 2022
SUBJECT: Human Resources Activity – September 2022
Recruitment
Human Resources worked with the Fire Department and Kenai Municipal Airport to actively
recruit a Fire Engineer, Firefighter, and Temporary Equipment Operators. The Fire Engineer
position followed an internal recruitment process. Applications continue to trend low; however,
the City saw an increase in applications for the Firefighter position. The City is currently recruiting
for a City Manager.
Safety/Training
Three accidents were reported; one resulted in property damage, and two resulted in a near-
miss injury. As part of the City’s participation in a Loss Control Incentive Program, all employees
will be required to take a “Preventing Slips, Trips, and Falls” course before June 30, 2023.
Special Projects
The Employee Handbook update was finalized and distributed to all employees.
A total of 44 city employees responded to the Employee Health Benefits survey:
• Most respondents indicated a positive level of understanding of how to use health plan
benefits and features and a positive level of satisfaction with benefits.
• Most respondents were interested in having more than one medical plan from which to
choose and learning more about a Health Savings Account (HSA).
• Most respondents indicated that they have delayed seeking medical, dental, or vision
services at least once due to cost concerns, were not aware of preventive care benefits,
and have not used telemedicine.
Detailed survey results were distributed to employees. Human Resources will continue working
with the City’s Health and Benefits Consultant to recommend health and benefit plan amendments
or options and provide year-end reminders, refreshers, and resources to employees in the coming
months.
Human Resources began work with the Administration and a working group of Department Heads
to complete a comprehensive review of the City’s personnel practices and processes in key areas
(recruitment, pay and benefits, policies and procedures) and provide recommendations. A new
timeline was established with a goal to provide recommendations to the City Manager by January.
Page 67
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Hannah Meyer, Assistant to the Library Director
DATE: October 10, 2022
SUBJECT: Library Mid-Month Report for September 2022
September 2022 at a Glance
Page 68
Page 2 of 2
September 2022 programming highlights
• 32 library programs – 200 attendees
o 8 Story Times (total of 94
participants)
o 2 American Girl Clubs (total of 14
participants)
o 3 Lego Clubs (total of 16
participants)
o 4 Chess Clubs (total of 5
participants)
o 2 Writing Groups (total of 2
participants)
o Bad Art (7 participants)
o Crafternoon (5 participants)
o Favorite Fish DIY kit (16 kits
given away)
o Freezer Biscuits (2 participants)
o Guess the Planet (1 participant)
o Infant Play Time (10 participants)
o Raspberry Pi Club (4
participants)
o Scat and Tracks (1 participant)
o Senior Center Tech Class (4
participants)
o Teen Advisory Board (7
participants)
September 2022 library services highlights
• Volunteers logged 11 hours this past month. Tasks included shelving and program support.
• Our study and conference rooms were used by 141 individuals/groups for a total of 280
hours.
• Last month of the quarter is Reference Tally Month: we answered over 845 reference and
technology questions.
• Spooky season is just around the corner! Events to check out this month include:
o Literary Haunted House – October 25th – 31st
o Pumpkin Decorating Contest (week of October 3rd)
o 2-line Poem Competition (ends October 21st)
o Stuffed Animal Taxidermy, Pumpkin Pancakes, Pet Ghosts in a Bottle, Book
Pumpkins, and more!
• Hold locker has been installed and initial tests have been completed. Next step is to conduct
staff training and invite patrons to try out our new 24/7 holds pickup service. The total cost of
the locker was lower than anticipated due to a discount from the vendor. We were able to
purchase cleaning supplies and PPE with the leftover money. The purchase of the hold
locker and the cleaning supplies/PPE was made possible by the IMLS and the Department
of Education and Early Development, Division of Library, Archives & Museums.
Page 69
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Brad Walker, Parks & Recreation Director
DATE: October 8, 2022
SUBJECT: Mid-month Report – September 2022
• The department had one shelter reservations for the month of September.
• Most all Temporary Parks employees have left for the season. There were two left to help with
the Kenai River Marathon set up.
• The Kenai River Marathon went excellent. It was a beautiful day for the event. Total of 180
runners for all three events. A new course record was set this year. All park staff including
Director and Assistant Director worked the event with the Chamber’s staff.
• Staff worked on clean up and preparation of soccer fields for Kenai Kennel Club event over
Labor Day weekend.
• Director and Assistant Director attended a virtual ARPA (Alaska Recreation and Parks
Association) committee meeting.
• Staff set up Silver Salmon Derby banners at Three Bears.
• Director worked with Wreaths Across America for Dec. event in the City of Kenai.
• Staff worked at Municipal park cleaning up beetle kill trees, removing graffiti, removing old
metal posts/bollards, cleaning up broken concrete pads, and grading gravel paths.
• Director and Assistant Director worked with the Chamber of Commerce for planning the 2022
Kenai River Marathon that took place on September 25.
• Director met with Fire Chief and DNR Forestry Department to put together a beetle kill tree
removal plan for Ryan’s Trail.
• Staff installed new gravel path to board walk at Cunningham park
• Park Director worked on inventory and uploading numerous auction items for the public
auction in September.
• Glass panels for ice rink were delivered to MPF for installing at the rink
• Winterization of all parks completed by September 30th.
• Director and Assistant Director met with TCAA to discuss upcoming Men’s City League
Basketball League.
• Received LED light order for MPF scoreboard. LED light replacement scheduled for week of
Oct. 17th.
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Page 2 of 3
• Circulation motor #1 control board and power control board burnt up due to over voltage.
Parts were ordered but have a 3-4-week lead time. Voltage regulators will be installed on
both systems to prevent over voltage type issues from happening again.
o Control board, power boards, and voltage regulators scheduled to be delivered Oct
17th. They will be scheduled for install as soon as we have them.
• The Kenai Recreation Center August visitation
o Gym Check In: 1264
o Reserved Gym Hours: 42
o Weight/Cardio Room Check In: 831
o Showers/Sauna: 286
o Racquetball: 52
o Wallyball: 9
o Other: 17
o Student: 941
o Kenai City Employee: 51
Page 71
Page 3 of 3
Page 72
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Linda Mitchell, Planning Director
DATE: October 12, 2022
SUBJECT: Planning and Zoning – September 2022 Monthly Report
Application Summary
Planning and Zoning received 5 new applications in September and carried over 6 from the
previous months. Action was taken on 5 of them.
Applications No. Received Carried Over Completed Under Review
Planning
Building Permit 1 0 1 0
Easement 1 0 0 1
Plat 1 0 0 1
Zoning Amendment 0 1 1 0
Lands & Leases
Purchase 0 2 1 1
New Lease 1 2 1 2
Renewal 0 1 0 1
Assignment 1 0 1 0
Total 5 6 5 6
Code Enforcement
Planning and Zoning received 6 new complaints in September for a cumulative total of 10 active
cases. Planning staff conducted 6 site visits and closed 12 cases.
Violations No. of Active Cases Carried Over New Closed
Total 10 4 6 12
Page 73
Page 2 of 3
Before and After Highlight
Planning and Zoning Commission
One Planning and Zoning Commission meeting was held in the month of September and the
following actions occurred.
• Planning and Zoning Commission recommended approval for the following resolution.
1. Resolution PZ2022-23 – Recommending the Kenai City Council Enact Ordinance
3316-2022 Amending Kenai Municipal Code 14.20.150-Conditional Use Permits, To
Further Clarify Roles And Responsibilities Of Applicants, The Planning Director, And
The Planning Commission In The Conditional Use Process.
• Planning and Zoning Commission recommended approval for the following agenda items.
1. Action/Approval – Recommending the Kenai City Council Approve Ordinance 3311-
2022 Determining That Real Property Described as Lot 5, Block 1, Gusty Subdivision
Addition No. 1, According to Plat No. 83-126 Kenai Recording District, City-Owned
Airport Land Located Outside The Airport Reserve, is Not Needed for a Public
Purpose, Waiving KMC 22.05.095 Methods of Sale or Disposal and Authorizing The
Sale of The Property to Aaron Swanson dba Forever Business Plaza LLC.
2. Action/Approval – Recommending the Kenai City Council Approve Ordinance No.
3312-2022 Determining Lot 4, Block 1, Gusty Subdivision Addition No. 1 Amended Is
Not Needed for a Public Purpose and Approving The Execution of a Lease With an
Option to Purchase Between The City Of Kenai And Aaron Swanson for The Property.
3. Action/Approval – Recommending the Kenai City Council Approve Resolution No.
2022-XX – Approving the Renewal of a Lease on Airport Reserve Lands between the
City of Kenai and the Federal Aviation Administration for the Automated Flight Service
Station Facility on Lot 7A-1, FBO Subdivision No. 5.
4. Action/Approval – Recommending the Kenai City Council Enact Ordinance 3314-
2022 Extending The Time Period for Completion of The Action Items Necessary for
Page 74
Page 3 of 3
The Conditional Donation of An Approximate 2 Acre Parcel to be Subdivided From A
Portion Of The 6.8 Acre More or Less Portion of The East of Tract 4a, Baron Park
2020 Replat (KPB Parcel No. 04501035) to Triumvrate Theatre for The Development
of a Theatre Facility.
City Council
Two City Council meetings were held in the month of September and the following actions
occurred.
• Kenai City Council adopted the following legislations:
o Ordinance No. 3305-2022 - Conditionally Granting Certain Foreclosed City-Owned
Properties Described as Lots 8 & 11, Block 9 and Lot 4, Block 10, Mommsen’s Replat
of Additions No. 1 & 2 (Parcel Numbers 03910211, 03910208 and 03910304) to
Central Peninsula Habitat for Humanity, Inc. for Construction of Housing.
o Ordinance No. 3311-2022 - Determining that Real Property Described as Lot 5, Block
1, Gusty Subdivision Addition No. 1, According to Plat No. 83-126 KRD, City-Owned
Airport Land Located Outside the Airport Reserve, is not Needed for a Public Purpose,
Waiving KMC 22.05.095 Methods of Sale or Disposal and Authorizing the Sale of the
Property to Aaron Swanson DBA Forever Business Plaza LLC.
o Substitute Ordinance No. 3312-2022 - Determining Lot 4, Block 1, Gusty Subdivision
Addition No. 1 Amended is not Needed for a Public Purpose and Approving the
Execution of a Lease with an Option to Purchase Between the City of Kenai and Aaron
Swanson DBA Forever Business Plaza LLC. for the Property.
o Ordinance No. 3314-2022 - Extending the Time Period for Completion of the Action
Items Necessary for the Conditional Donation of an Approximate 2 Acre Parcel to be
Subdivided from a Portion of the 6.8 Acre More or Less Portion of the East of Tract
4A, Baron Park 2020 Replat (KPB Parcel No. 04501035) to Triumvirate Theatre for
the Development of a Theatre Facility.
o Ordinance No. 3316-2022 - Amending Kenai Municipal Code 14.20.150-Conditional
Use Permits, to Further Clarify Roles and Responsibilities of Applicants, the Planning
Director, and the Planning Commission in the Conditional Use Process.
• Kenai City Council postponed the following legislation:
o Resolution No. 2022-64 - Approving the Renewal of a Lease Utilizing a Non-Standard
Lease Form on Airport Reserve Lands Between the City of Kenai and the Federal
Aviation Administration for the Automated Flight Service Station and Satellite
Communication Network Facilities on Lot 7A-1 FBO Subdivision No. 5.
Page 75
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: David Ross, Police Chief
DATE: October 4, 2022
SUBJECT: Police & Communications Department Activity – September 2022
Police handled 591 calls for service in September. Dispatch received 261 9-1-1 calls. Officers
made 38 arrests. Traffic enforcement resulted in 273 traffic contacts and 68 traffic citations.
There were 6 DUI arrests. Officers investigated 7 motor vehicle collisions in September. There
were three collisions involving animals and no collisions involving drugs or alcohol.
One KPD supervisor attended a three day ‘Physical Security Assessment’ training in Anchorage.
Two dispatchers attended a three-day FBI training on NIBRS, for national law enforcement data
collection.
The School Resource officer continued teaching DARE to two classes at Mountain View
Elementary. He also taught cell phone and internet safety classes at Kenai Middle School. In
addition to teaching, he assisted with a number of police related call and security issues with the
local schools. KPD also assisted with the Home Coming parade for KCHS.
KPD was awarded its law enforcement accreditation through the Oregon Accreditation Alliance.
4892
2195
5521
2549
5365
2415
0
2000
4000
6000
Total Police Service Calls 911 Calls Received
2020(Jan 1 - Sep 30)2021(Jan 1 - Sep 30)2022(Jan 1 - Sep 30)
Page 76
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Scott Curtin, Public Works Director
DATE: October 2022
SUBJECT: Mid-Month Report; Public Works / Capital Projects
Airport Fund Projects:
• Kenai Municipal Airport Sand Storage Facility – Orion Construction is currently under contract
in the amount of $2,289,000. The project has experienced extreme supply chain issues.
June 7th, 2022 received confirmation from Orion that Steel Building is now on order through
Superstructures, wall and roof panel submittals are in process as of August 9, 2022. The
steel has arrived and is currently being stored on site. Change Order 1 is pending to extend
the contract time, it will be a no cost change order, with a new Substantial Completion date
intended for September 30, 2023. Construction will start in May 2023 and is expected to move
quickly.
• Kenai Municipal Airport Airfield Drainage – Project consists of the replacement of
approximately 500 lf of failing storm water pipelines located in the safety area off the northern
end of the runway. 10/13/21 Contract Documents were executed with BMGC LLC in the
amount of $360,225. Airport staff has requested this project hold off until 2022 for operational
concerns. With the addition of Kenai Aviation to the airport the availability of runway closure
times has been further reduced. Staff is working to reduce the length of the available runway
for a limited period of time, three weeks range, to allow the contractor to work with minimal
limitations within the project area. This will slightly delay the start of the project to allow for
the required notifications to take place. A monitoring well was installed to verify water table
elevation in the project area on June 6th. Conditions continue to be monitored, work
anticipated to start likely October/November 2022, working a revised Construction Safety
Phasing Plan (CSPP) in coordination with the FAA and expecting the runway to be shortened
for a period of time to allow the work to be completed. The revised CSPP has been approved
by the FAA and this work is anticipated to be completed during November 2022 with the
runway being shortened for a period of time to accommodate the Contractor. Update: The
water table within the project area is currently very high, measured at 47” below grade on
9/12/22 which may make the viability of construction starting this fall extremely challenging.
Page 77
Page 2 of 7
Public Works Mid-Month Report
We are not sure if we can successfully dewater the project area to a depth of 12-14’ and
complete the work. Conditions continue to be monitored daily. The float plane basin will begin
to be drained on October 17, 2022 and will likely take a few weeks. We are hopeful this will
allow dewatering of the project area to be more effective as the current water table remains
very high. Contractor is scheduled to start dewatering operations first week of November.
• Kenai Municipal Airport Snow Removal Equipment (SRE) – Equipment has arrived, staff is
undergoing training on new equipment. Grant is entering closeout.
• Kenai Municipal Airport Runway Rehabilitation Project – This project known as Task 4 within
HDL Engineering Consultants LLC term service agreement with the City shall provide an initial
assessment of the current condition of the airport runway. This will include geotech work,
coring numerous locations of the runway. This work will provide the necessary information to
coordinate with the FAA to seek grant funding for an overall runway rehabilitation project which
will ultimately include the runway, taxiways, drainage, lighting, markings, etc. On August 4th,
, 2021 HDL Engineering and staff successully completed geotech borings of the runway after
hours. On October 13th , 2021 HDL Engineering, City staff and the FAA discussed the findings
of the geotech report. On December 6, 2021 the City received the draft Engineer’s Design
Report (EDR) along with the draft Geotechnical Report. Ordinance 3278-2022 was approved
on April 20th , 2022 to secure HDLs services through Bid Phase with a contract amendment
of $781,833 executed on May 6, 2022, bringing the total cost of design to $1,031,833. Update:
9/14/22 Design team continues to develop design documents. Environmental services are
now engaged with pending decisions on PFAS scope being discussed. The City anticipates
formal 35% Design documents available for review in October 2022. Project is currently
tracking for Runway Rehab Construction in 2025 with the Taxiways 2026 the following year.
• Kenai Municipal Airport (KMA) Terminal Landscaping – A Request for Proposals for
Landscape Design Services was released on July 14, 2022 with proposals due on July 28,
2022 where Earthscape LLC was determined to have provided the highest scoring proposal
at a cost of $28,255. The Purchase Order to Earthscape LLC was approved by Council at the
9/7/22 council meeteing. Design work is anticipated to continue through the winter months
with a construction bid expected for spring 2023.
• Kenai Municipal Airport (KMA) Operations Building HVAC Controls Upgrade & Boiler
Replacement – This project was released for RFP on July 19, 2022 with proposals due on
August 16, 2022. MBA Consulting Engineers was the successful proposer awarded under
Resolution 2022-63 approved by Council at the September 7, 2022 Council Meeting. Contract
Documents are in process and design work is anticipated to continue through the winter
months.
General Fund Projects:
• USACE Bluff Erosion –Council approved Resolution 2021-35 at the June 2, 2021 meeting
awarding an agreement to HDR along with issuance of a purchase order in the amount of
$791,832.68. July 6, 2021 the formal agreement between the City of Kenai and HDR was
executed. On January 2, 2022 the City received 35% Design Documents from HDR, staff
was able to review those documents with HDR uploading them to the Corps website on
January 25th. On March 3rd federal funding in the amount of $650,000 was received by the
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USACE to be used toward the design effort of the project. This allows Corps staff to bill time
to the project in support of our efforts. On March 10th the City submitted a letter for Request
for Work in Kind, to cover the expenses the City has incurred through HDR Engineers Inc. in
the amount of $248,676.73, which covers progress from July through November 2021. 65%
Design Docs were received ahead of schedule on April 28th. Value Engineering Workshop
was conducted with USACE on June 21-24, 2022 at JBER. This completed the requirement
of completion of a VE Study for the project. Final 65% documents with the items addressed
at the VE Study workshop were received 8/25/22. Advanced Technical Review (ATR) with
the Corp began 9/15/22, with an ATR Workshop on October 3, 2022. The project continues
tracking toward an April 3, 2023 Invitation to Bid release for Construction with an anticipated
Construction Contract award anticipated in May/June 2023. Project continues to track well
and as expected. The City Manager presented Resolution 2022-71 to Council at the October
5, 2022 meeting accepting a State Grant 23-DC-007 for $6,500,000 in support of the Sponsor
share of the project. This grant is a tremendous step toward fulfilling the City’s responsibility
of the current 35% percent match of the overall project. This project continues to be very
active, more info to come as we approach the end of the calendar year and work toward 95%
design documents.
• Recreation Center Improvements – The Public Works Department released an RFP on
November 18, 2021 with proposals due on December 10, 2021 to provide professional AE
services for the Kenai Rec Center. This project will provide a code assessment of the facility,
architectural drawings for a complete roof replacement of the facility, and mechanical /
electrical drawings for the replacement of aging HVAC equipment. Update: Resolution 2022-
06 was approved at the 1/19/22 council meeting to award a design agreement to K+A Design
Studios in the amount of $92,085. Design agreement has now been executed and project
meetings are set to begin in mid-February. Resolution 2022-09 within the February 16th
packet is combining funding from several smaller projects into this one larger one. On March
21st the design team provided the code assessment for the facility identifying several issues
which are under review by Public Works Staff. On August 17, 2022 council approved a PO
increase to include rain leader design to address storm water concerns. Total authorized
design to date is $108,085. Update: Design has run behind schedule, however bid documents
were received for review on October 4, 2022. Project release for construction bids is
anticipated for November 2022 with work continuing through the summer of 2023.
• Multi-purpose Facility – The Building Maintenance Department completed all of the pressure
washing and rust prevention coatings in house. That portion of the project was completed on
time and on budget and allowed for ice to go back in on schedule. Staff continues to work on
ventilation solutions as well as some UV Heat lamps to replace the natural gas heaters
suspended from the ceiling near the seating areas. Once a scope of work is finalized by the
department these additional items will be released for bids. Currently roughly $71,000 of the
$155,000 in funding has been expended.
• Cemetery Expansion – This project is located at the corner of First Ave and Float Plane Rd
and will provide for additional burial space as the existing adjacent cemetery has reached
capacity. The Public Works Department using in house personnel has already cleared,
leveled and graded the site, and placed and compacted a gravel sub-base for the parking
area. Staff has successfully surveyed in 64 adult plot sites and 12 infant plot sites. These
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sites are available through the Clerk’s office. The Parks & Recreation Commission is currently
considering alternatives to fencing the cemetery in an effort to utilize those funds toward
completing other items. Work will be suspended through the winter with the parking lot paving
taking place early summer 2023.
• Kenai Fire Department Flooring Replacement – This project will be replace aging flooring
materials within the station. Based on the age of the facility and previous encounters with
asbestos, a Proposal Quote Request was released on 12/1/21 with proposals due on 12/10/21
to sample and test for asbestos containing materials within the proposed work area. Contract
was awarded on 12/20/21 with a Notice to Proceed granted on 1/11/21 with report due back
to City on 2/14/22. The results of the testing will determine our next course of action. If
asbestos is discovered steps to conduct abatement will need to be completed prior to
replacement of flooring materials. The testing costs are $4,112 at this time. May 18th council
meeting has an Ordinance requesting an additional $20,000 in supplemental funding to
complete abatement and allow the project to proceed. Update: Supplemental funding
approved and request for quotes is in progress to complete the asbestos abatement
previously identified. Invitation to Bid released on 9/15/22, work anticipated to carry well into
the winter months. Bids were received on October 6, 2022 and there is a resolution within
this Council packet for a contract award to Aurora Flooring LLC in the total amount of $60,000.
• Kenai Fire Department Apparatus Bay Coating – Ordinance 3315-2022 is up for Council
approval on 9/21/22 to provide supplemental funding to allow the project to bid. Once
additional funds are approved project is prepped for bid release. Existing budget was $45,000
with approval of Ordinance 3315-2022 new budget will be $60,000. This work involves
cleaning and replacement of concrete floor markings with the installation of a new concrete
sealer to protect and extend the life of the garage bay floors. Bid documents are being
finalized for a bid release later this month October 2022.
• Visitor Center Roof Replacement – Request for Proposal Documents are pending to obtain
professional services to provide bid ready construction documents for the planned roof
replacement at the Visitors Center. RFP release is anticipated for late January 2022 to
provide for shingle replacements during the summer months 2022. Update: A Proposal Quote
Request was released on January 25th with proposals due on February 15th to provide Bid
Ready Construction documents for this project. Council can expect to see legislation in March
awarding the design agreement. Update: K+A Architecture was the successful proposer and
95% design documents were provided for staff review on May 31, 2022. Invitation to Bid for
construction was released on 6/21/22 with bids due on 7/19/22. Two bids were received and
were both well in excess of budgeted amounts. Project is unable to be awarded at this time
and will be adjusted slightly with the intent of rebidding 1st quarter 2023.
• Kenai Dog Park – Council has provided $63,000 in funding toward this project. On October
10th, 2022 Polar North Construction began work on the concrete pavilion pad with a concrete
pour schedule for 10/13/22 weather pending. Fireweed Fence has also started reinstallation
of the fence work the same week. The high water table within the park area continues to
cause flooding issues within the park area. Public Works staff has roughed in some drainage
trenches which have helped, we plan on expanding on that work and then placing some
drainage rock so the repairs will be permanent. Project will continue into May/June 2023 as
weather allows. Public Works staff has collected numerous items from the dog park
committee including park benches, signage, agility equipment, etc. and have items stored in
our warm storage area to be installed next spring.
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Pavilion Pad prepping for concrete
Fireweed Fence placing posts
• Roadway Improvements – Nelson Engineering was the successful proposer to provide bid
ready construction documents for improvements to Wildwood Dr, Willow Ave, First St. as well
as multiple smaller misc. repairs. Update: Contract documents have been executed, geotech
soil borings have been completed, site survey work has begun. Wildwood Drive 65% design
docs were received on July 14, 2022 for review. 95% documents are pending after
discussions on adding water sewer utilities in a few locations that are not currently existing to
avoid future damages to the roadway. Geotech and site surveys have been completed on
First Ave and Willow Street project areas, with design work expected to start as Wildwood
design is finished. Projects will not be ready for bid release this season and will be released
for bids first quarter 2023.
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Water & Sewer Fund Projects:
• Waste Water Treatment Plant Replacement Sludge Press – Resolution 2020-95 approved at
the December 16, 2020 Council meeting authorized HDL Engineering to begin the Design
Phase of the WWTP Replacement Sludge Press. Contract Documents were executed on
January 6, 2021 with a Notice to Proceed issued on January 11, 2021. A Request for
Proposals from press manufactures was released on April 27, 2021 with proposals due on
May 25th, 2021. Resolution 2021-42 to award an equipment purchase agreement to Andritz
Corp in the amount of $285,000 was approved by Council at the June 16, 2021 meeting. The
screw press is on order and is expected to arrive in Kenai in late October 2022. A formal
Invitation to Bid for Construction was released on June 7th, 2022. Bids were originally due on
June 28th but the deadline was extended to July 22nd due to a lack of bidders interested in the
project. On July 22nd two bids were received, with Blazy Construction being the lowest
responsive responsible bidder at a cost of $1,437,913. Ordinance 3302-2022 awarded the
Construction Agreement to Blazy Construction on 8/17/22. Work is now actively underway
and is anticipated to run through March 2023. Concrete for screw press foundation was
poured on October 11, 2022. Screw press delivery remains on track for end of October arrival.
• Kenai Wellhouse Relocation – Contract was executed with Polar North Construction on
August 4, 2021 in the amount of $243,172.25. Update: 9/7/22 Council meeting approved a
PO Increase to cover Change Order 1 costs associated with site grading in the total amount
of $9,792.13. Contract is nearing completion with final punch list items being completed.
• Lift Station Renovations – Resolution 2021-58 awarded HDL Engineering agreement in the
amount of $59,560 to provide bid ready construction documents for three lift stations. HDL
has completed on site evaluations and are nearing completion of three sites to receive
upgrades. These locations included the stations at mile posts 13 and 14, which are near the
soccer fields and Spur / Redoubt Ave respectively, as well as a station on Lawton Drive.
These locations are intended to receive new pumps and pump control panels as part of this
project. Update: After determination of which lift stations would receive renovations to start,
a design meeting was held on 12/3/21 to discuss pump and control panel design. Basis of
design memo received on January 6, 2022. Update: Design documents are approaching
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Public Works Mid-Month Report
95% with a revised anticipated release for Construction Bids late October 2022. Construction
will continue through the summer of 2023.
• Wastewater Plant Digester Blowers Replacements – HDL Engineering was authorized to
proceed on design documents for this project through passage of Resolution 2022-29 on May
18, 2022. Design Agreement is currently in the amount of $382,513 and will provide bid ready
construction documents for the replacement of two 40+ year old blowers at the WWTP. The
Department received 35% Design Study Report on September 23, 2022 and the project is
currently moving toward 65% design documents. A grant for this project has been applied for
through Senator Murkowski’s office through the Congressional Directed Spending (CDS)
program. We are awaiting word on if we were successful in receiving grant funds. This is a
high priority project for the department and is anticipated to provide further energy savings
similar to the aeration basin blower replacement project completed a few years ago.
Senior Citizens Fund Projects:
• Senior Center Front Entry Modifications – Capital Project Manager is developing scope of
work for this project to address operation of automatic entry doors.
Congregate Housing Fund Projects:
• Vintage Pointe Boiler Replacement – A RFP for design services was released on October 6,
2022 with proposals due on November 3, 2022. Design work will continue into the winter
with a construction bid release expected at the end of the first quarter 2023. This project will
replace outdated boiler heat systems for the facility as well as providing a direction on
backup power generation to support the heating system when grid power is unavailable.
Other Projects Information:
• DOT Kenai Spur Highway to Sports Lake Rd – This project continues to wait for appropriation
of state funds. No new information to report at this time.
• DOT Bridge Access Road Bike Path – Council passed Resolution 2021-53 on August 4, 2021
authorizing the City Manager execute a memorandum of agreement with DOT for design,
construction, and maintenance of the Kenai Bridge Access Road Pathway project. In
speaking with representatives from DOT the state has not provided funding as yet for this
project to move forward. To date the City has appropriated $294,947 in support of this project
which is intended to provide a 1.2 mile path connecting the paths between the Spur Highway
and Beaver Loop. Total cost of project per DOT estimates equals $3,266,301. Per
communications with the DOT, design funding is in place and they are waiting on final
signatures for the Reimbursable Services Agreement (RSA) with DNR. Once the RSA is
approved they will be able to begin design work. Process is expected to be completed by the
end of January. Update: Formal kickoff meeting took place on March 30th with the City
Manager and Public Works Director in attendance. From appearances this design process
will be a slow one, we are not anticipating seeing construction on the path this calendar year.
Will continue to update as more information becomes available. Update: A site meeting will
be taking place between the City, DNR, & DOT on 6/9/22 to review the project. HDL
Engineering appears to conducting surveying services in support of the project, crews were
in the area on 6/7/22. On June 29, 2022 the City Manager & Public Works Director met with
DOT representatives and discussed projects. State funding continues to be an issue.
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MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Kathy Romain, Senior Center Director
DATE: October 10, 2022
SUBJECT: September 2022 Monthly Report
As the Kenai Senior Center moved into the month of September many Seniors attended a day
trip to Hope as one final goodbye to the summer. Other activities enjoyed by area seniors were
Card Making with Kimberly, Seasonal Wreath making with Marcia, and the Adult Coloring Class.
Growing Strong, Tai Chi, and TOPS continue to be well-attended activities. Additionally, many
express appreciations for the return of weekly Blood Pressure checks. This month the KSC was
also able to coordinate with the Safeway Pharmacy to provide seniors with a Flu-shot Clinic held
at the Center.
To close out the month the Kenai Senior Center held a Fall dance. It was well-enjoyed as area
seniors brought refreshments and joined other area seniors for fun and camaraderie. Participants
expressed appreciation and the want for monthly dances to be held in the future.
2022 2021
Home Delivered Meals 1835 2262
Individuals 95 94
Dining Room (Congregate) Meals 778 457
Individuals 126 93
Transportation (1-way rides) 191 0
Individuals 19 0
Grocery Shopping Assistance 10/57 10/57
Writers Group 9 36
Caregiver Support Group 7 16
Growing Stronger Exercise 32 218
Tai Chi Class 9 50
TOPS Weight Loss Class 14 28
Bluegrass & Music Sessions 56 264
Card Games 41 427
Wii Bowling 8 71
Arts & Crafts 38 56
Total Event Sign-ins * 1888 1925
Individuals * 194 150
Vintage Pointe Manor Vacancies 2 2
*(not including home meals clients)
Page 84
PURCHASE ORDERS BETWEEN $2,500.00 AND $15,000.00 FOR COUNCIL REVIEW
COUNCIL MEETING OF: OCTOBER 19, 2022
VENDOR
RED MOUNTAIN ARSENAL
PROTECTIMUS LTD.
DESCRIPTION
AMMUNITION
AUTHENTICATION TOKENS
DEPT.
POLICE
NON-DEPARTMENTAL
ACCOUNT
OPERATING SUPPLIES
OPERATING SUPPLIES
AMOUNT
3,593.15
3,237.40
Page 85
OCTOBER 19, 2022
CITY COUNCIL MEETING
ADDITIONAL MATERIAL/REVISIONS
REQUESTED ADDITIONS TO THE PACKET:
ACTION ITEM REQUESTED BY
Add to item F.1 Resolution No. 2022-64
• Amendment Memo City Attorney
• Draft Lease City Attorney
MEMORANDUM
TO: Mayor Gabriel and Council Members
FROM: Scott Bloom, City Attorney
DATE: October 19, 2022
SUBJECT: Resolution No. 2022-64 – FAA Building Lease Requested Amendment
The purpose of this memo is to request an amendment to Resolution No. 2022-64. The original
Resolution contemplated a lease renewal, however, a new lease is required, as a renewal could
not be accomplished prior to the end date of the initial lease. This will necessitate a change to the
title. However, public notice based on the original title provides sufficient legal public notice of the
matter to move forward at tonight’s meeting. Secondly, the City has not received final approval of
the lease form from the FAA, so some minor adjustments may need to be made after approval.
The second amendment below will allow for this. Finally, the attached lease to the Resolution
needs to be replaced with the lease attached to this memo.
The following amendments are respectfully requested:
Motions:
1. Amend the title as follows by deleting “the renewal of” in the title so the new title will read:
A RESOLUTION APPROVING A LEASE UTILIZING A NON-STANDARD LEASE
FORM OF AIRPORT RESERVE LANDS BETWEEN THE CITY OF KENAI AND
THE FEDERAL AVIATION ADMINISTRATION FOR THE AUTOMATED FLIGHT
SERVICE STATION AND SATELLITE COMMUNICATION NETWORK
FACILITIES ON LOT 7A-1 FBO SUBDIVISION NO. 5.
2. Amend Section 1. to read (new language underlined):
Section 1. The Council of the City of Kenai approves the attached, or a materially
similar, non-standard space lease form for the lease of Lot 7A-1, Block 2, FBO
Subdivision, located within the Airport Reserve, to the FAA for the use of an
automated flight service station and satellite communication network facilities, for
the beginning lease rate of $13,540/ month.
3. Amend by substitution the lease previously included in the packet attached to Resolution
2022-64, with the lease attached to this memorandum.
Thank you for your consideration.
1
Federal Aviation Administration
Standard Space Lease, 04/2022
OMB CONTROL NO. 2120-0595
STANDARD SPACE LEASE
Between
THE UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
And
City of Kenai
FAA CONTRACT NO: [XXXXX-XX-X-XXXXX]
ATID/FACILITY TYPE: ENA-AFSS
LOCATION: Kenai, AK
1. Preamble (09/2021) 6.1.1 This Lease for real property is hereby entered into by and between the
City of Kenai, hereinafter referred to as the Lessor or City, and the United States of America, acting
by and through the Federal Aviation Administration, hereinafter referred to as the FAA.
2. Definitions (09/2021) 6.1.1-1 For purposes of this document, the following definitions apply;
Contract- refers to this legal instrument used to acquire an interest in real property for the direct
benefit or use by the FAA. As used herein, contract denotes the document (for example- lease,
easement, memorandum of agreement, or other legally binding agreement) used to implement an
agreement between a customer (buyer) and a seller (supplier).
Contractor- refers to the party(ies) receiving a direct procurement contract from the FAA and who
is(are) responsible for performance of contract requirements. For purposes of this document, the
contractor may also be called the Lessor, Permittor, Licensor, Grantor, Airport, or Offeror depending
on the type of contract or the provision within the contract.
Government- refers to the United States of America acting by and through the Federal Aviation
Administration (FAA). For purposes of this document, Government and FAA are interchangeable.
Real Estate Contracting Officer (RECO) - is a trained and warranted official who contracts for real
property on behalf of the FAA. For purposes of this agreement, RECO is interchangeable with
Contracting Officer (CO).
3. Succeeding Contract (09/2021) 6.1.2 This contract succeeds DTFAWN-13-L-00002 and all other
previous agreements between the parties for the property described in this document.
4. Lease Witnesseth (09/2021) 6.1.3 Witnesseth: The parties hereto, for the consideration hereinafter
mentioned, covenant and agree as follows:
5. Leased Space Description (09/2021) 6.1.4 The Lessor hereby leases to the Government the
following described premises;
470 N Willow St, Kenai, AK, further described as;
2
Federal Aviation Administration
Standard Space Lease, 04/2022
OMB CONTROL NO. 2120-0595
Lot 7A-1, FBO Subdivision No. 5, according to Plat No. 92-60.
A 150,084 SF or 3.45 acre lot, consisting of a 10,812 square foot office building with a 729 square
foot detached shop for a gross building area of 11,541 square feet, with a rentable area of 10,500
RSF
As shown on <Insert drawing no. XX>, dated XX/XXXX, marked as <Insert Attachment/Exhibit
No>, which is attached hereto and made a part hereof.
The Lessor shall provide 90 reserved off-street parking spaces at no additional cost to the
Government. With respect to compliant accessible parking spaces, see the “Accessibility” clause.
6. Purpose (09/2021) 6.1.5 It is understood and agreed that the use of the herein described premises
shall be related to FAA’s activities in support of the National Airspace System (NAS).
7. Legal Authority (09/2021) 6.2.1 This contract is entered into under the authority of 49 U.S.C.
106(l)(6) and (n), which authorizes the Administrator of the FAA to enter into contracts, acquisitions
of interests in real property, agreements, and other transactions on such terms and conditions as the
Administrator determines necessary.
8. Term (09/2021) 6.2.3 To have and to hold, for the term commencing on October 1, 2022 and
continuing through September 30, 2042 inclusive, provided that adequate appropriations are
available from year to year for the consideration herein.
9. Consideration (Standard Space) (09/2021) 6.2.4-1
A. The Government shall pay annual rent for the premises, payable in monthly installments in
arrears, at the following rate(s)(monthly installments may vary based on rounding):
Initial Term DATES:
10/01/2022 through
09/30/2042
Rent Amount
Annual Rental Rate $15.48/ RSF
Monthly Rent $13,545.00
Total Annual Rent $162,540.00
B. Payment shall be made in arrears, without the submission of invoices or vouchers. Payments are due
on the first business day following the end of the payment period and are subject to available
appropriations. The payments shall be directly deposited in accordance with the “Payment by Electronic
Funds Transfer” clause in this contract. Payments shall be considered paid on the day an electronic
funds transfer is made.
C. Payment shall be made in full to: City of Kenai, 210 Fidalgo Ave, Kenai, AK 99611-7750
Termination for Convenience (09/2021) 6.2.5-1 The Government may terminate this contract at any
3
Federal Aviation Administration
Standard Space Lease, 04/2022
OMB CONTROL NO. 2120-0595
time, in whole or in part, if the Contracting Officer (CO) determines that a termination is in the best
interest of the Government. The CO shall terminate by delivering to the contractor a written notice
specifying the effective date of the termination. The termination notice shall be issued 60 days before
the effective termination date.
After termination, the Contractor may submit a final termination settlement proposal to the CO in the
form and with the certification prescribed by the CO. The proposal must include all documentation
necessary to validate the proposal.
The contractor must submit the proposal no later than one (1) year from the effective date of termination
unless the submission deadline is extended in writing by the CO upon written request of the contractor
within this one (1) year period. However, if the CO determines that the facts justify it, a termination
settlement proposal may be received and acted on after one (1) year or any extension. If the contractor
fails to submit the proposal within the time allowed, the CO may determine, on the basis of information
available, the amount, if any, due the contractor because of the termination and shall pay the amount so
determined.
After submission of final termination settlement proposal, the Contractor and the Contracting Officer
may agree upon the whole or any part of the amount to be paid because of the termination.
If the contractor and the CO fail to agree, the Government will pay the contractor the amounts
determined by the CO as follows:
1) The contract price for any unpaid rents;
2) The remaining principle balance of Tenant Improvement allowance as described in the clause titled
“Lessor’s Recovery of Tenant Improvement Allowance in the Event of Termination” within this
contract; and
3) Reasonable costs associated with termination.
If the termination is partial, the contractor may file a proposal with the CO for an equitable adjustment
of the price(s) of the continued portion of the contract. If agreed upon, the CO may make the equitable
adjustment. Any proposal by the contractor for an equitable adjustment under this clause must be
requested within 90 days from the effective date of termination unless extended in writing by the CO.
The contractor may file a claim with the Federal Aviation Administration Office of Dispute Resolution
for Acquisition based on any determination made by the CO pursuant to this clause. Nothing in this
clause will obligate the government to spend in excess of available appropriations.
10. Termination for Default (09/2021) 6.2.5-2
A. Subject to the provision of notice of default to the Lessor, and the provision of reasonable
opportunity for the Lessor to cure the default, the following conditions constitute default by the
Lessor:
i. Prior to Acceptance of the Premises. Failure by the Lessor to perform all obligations required for
acceptance of the space, to include, but are not limited to, all obligations included within the
statement of work and lease clauses, within the times specified, without such failure in performance
being affirmatively excused, in writing, by the RECO.
ii. After Acceptance of the Premises. Failure by the Lessor to perform any service, or to make
progress in the work so as to endanger performance; the failure to make any item; or the failure to
4
Federal Aviation Administration
Standard Space Lease, 04/2022
OMB CONTROL NO. 2120-0595
satisfy any requirement of this Lease, without such failure being affirmatively excused, in writing,
by the RECO.
B. Grounds for Termination. The Government may terminate the Lease, in whole or in part, if:
i. after given notice and reasonable opportunity to cure by the Government, the Lessor’s default
persists; or
ii. the Lessor fails to take such actions as necessary to prevent the recurrence of default conditions,
and such conditions substantially impair the Government’s use or occupancy of the Premises, as
determined by the Government.
C. The rights and remedies specified in this clause are in addition to all remedies to which the
Government may be entitled to as a matter of law.
11. Excuse (09/2021) 6.2.5-3
A. The Lessor will not be in default because of any failure to perform the requirements of this Lease
under its terms if the failure arises from causes beyond the control and without the fault or
negligence of the Lessor.
B. Permissible causes for excuse are:
i. acts of God (e.g., fires, floods, pandemics, epidemics, unusually severe weather, etc.),
ii. acts of the public enemy,
iii. acts of the Government in either its sovereign or contractual capacity,
iv. pandemic, epidemic, or quarantine restrictions,
v. strikes, and
vi. freight embargoes. In each instance, the failure to perform must be beyond the control and
without the fault or negligence of the Lessor.
C. Excuse will not be granted when:
i. the Lessor had actual or constructive knowledge prior to the Lease Award Date that he/she could
not perform in accordance with the requirements of the Lease contract;
ii. the conditions of the property prevent performance;
iii. the Lessor, its employees, agents or contractors, by error or omission, fails to perform; or
iv. the Lessor is unable to obtain sufficient financial resources to perform its obligations.
D. The RECO will ascertain the facts and extent of the failure. If the RECO determines that any
failure to perform is excusable, the RECO will revise the delivery schedule subject to the rights of
the Government under the default and termination clauses of this contract.
12. Binding Effect (09/2021) 6.2.6 The provisions of this contract and the conditions herein shall be
binding upon, and for the benefit of, the parties and their successors and assigns. In the event of any
sale or transfer of ownership of the property or any portion thereof, the Government will be deemed
to have attorned to any purchaser, successor, assign, or transferee. The succeeding owner will be
deemed to have assumed all rights and obligations of the contractor under this contract establishing
direct privity of estate and contract between the Government and said succeeding owner, with the
same force, effect, and relative priority in time and right as if the contract had initially been entered
into between such succeeding owner and the Government.
13. Holdover (09/2021) 6.2.12 If after the expiration of the Lease, the Government shall retain
possession of the premises, the Lease shall continue in full force and effect on a month-to-month
basis. Payment shall be made in accordance with the Consideration clause of the Lease at the rate
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paid during the Lease term. This period shall continue until the Government shall have signed a new
lease with the Lessor, acquired the property in fee, or vacated the premises.
14. RE Clauses Incorporated by Reference (09/2021) 6.3.0 This solicitation or contract, as applicable,
incorporates by reference the provisions or clauses listed below with the same force and effect as if
they were given in full text. Upon request, the RECO will make the full text available, or the full text
may be obtained via internet at https://fast.faa.gov/RPF_Real_Property_Clauses.cfm.
A. Interest (09/2021) 6.3.0-1
B. Officials Not To Benefit (09/2021) 6.3.0-2
C. Assignment of Claims (09/2021) 6.3.0-3
D. Contracting Officer's Representative (09/2021) 6.3.0-4
E. Contingent Fees (09/2021) 6.3.0-5
F. Anti-Kickback Procedures (09/2021) 6.3.0-6
G. Equal Opportunity (09/2021) 6.3.0-7
H. Equal Opportunity for Veterans (04/2022) 6.3.0-8
I. Equal Opportunity for Workers with Disabilities (04/2022) 6.3.0-9
J. Davis Bacon Act (01/2022) 6.3.0-10
K. Minimum Wages for Contractor Workers Under Executive Order 14026 (01/2022)
6.3.0-11
15. Funding Responsibility for FAA Facilities (09/2021) 6.3.6 The Contractor agrees that all
Contractor requested relocation(s), replacement(s), or modification(s) of any existing or future FAA
navigational aid or communication system(s) necessitated by Contractor improvements or changes
will be at the expense of the Contractor. In the event that the Contractor requested changes or
improvements interferes with the technical and/or operational characteristics of the FAA's facility,
the Contractor will immediately correct the interference issues at the Contractor’s expense. Any
FAA requested relocation, replacement, or modifications shall be at the FAA's expense. In the event
such relocations, replacements, or modifications are necessary due to causes not attributable to either
the Contractor or the FAA, funding responsibility shall be determined by mutual agreement between
the parties, and memorialized in a Supplemental Agreement.
16. Accessibility (09/2021) 6.3.7 The building and the leased premises must be accessible to persons
with disabilities pursuant to the Architectural Barriers Act and Rehabilitation Act as detailed in the
Architectural Barriers Act Accessibility Standards (ABAAS) 41 CFR Parts 102-71, 102-72, et al,
and all applicable state and local accessibility laws and regulations. ABAAS is available at
www.access-board.gov.
Subject to the exception set forth herein, separate ABAAS compliant restroom facilities for men and
women must be provided on each floor where the Government leases space. Separate ABAAS
compliant restroom facilities must not be required if due to the age of the building, design layout, or
other structural requirements, it is technically infeasible to do so. In the event the Lessor determines
that it is technically infeasible to provide separate ABAAS compliant restroom facilities, the Lessor
must provide the basis for the determination of technical infeasibility in writing to the RECO,
together with all supporting documentation.
With respect to all restrooms, water closets, and urinals, they must not be visible when the exterior
door is open. Each restroom must contain toilet paper dispensers, soap dispensers, paper towel
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dispensers, waste receptacles, a sanitary napkin dispenser, and receptacle for each toilet in the
women’s restroom, disposable toilet seat cover dispensers, a convenience outlet, and hot and cold
water. Two or more drinking fountains must be provided. One drinking fountain shall be a low unit
commonly called a wheelchair unit and one drinking fountain shall comply with standing persons'
requirements, unless sufficient space is not available to provide both a wheelchair unit and a unit for
standing persons. In such instance, and subject to the approval of the RECO, a single unit able to
accommodate both disabled and non-disabled persons must be provided.
In addition, compliant accessible parking spaces must be provided in accordance with the ABAAS
requirements as detailed in 42 U.S.C. 4151 and as set forth in the ABAAS Scoping Requirements.
17. Changes (09/2021) 6.3.8 (MODIFIED)
A. The RECO may at any time, by written order via Supplemental Agreement agreed to by the City,
make changes within the general scope of this Lease in any one or more of the following:
i. Work or services;
ii. Facilities or space layout;
iii. Amount of space/land;
iv. Any other change made within the scope of this lease.
B. If any such change causes an increase or decrease in the Lessor’s cost or time required for
performance under this lease, the RECO will modify this Lease to provide one or more of the
following:
i. An equitable adjustment in the rental rate;
ii. A lump sum equitable adjustment;
iii. An equitable adjustment of the annual operating costs per rentable square foot; or
iv. An adjustment to the delivery date.
C. The Lessor must assert its right to an adjustment by written proposal under this clause within
thirty (30) days from the date of receipt of the change order. Lessor’s request must include all
documentation necessary to validate his/her right to an adjustment. Failure to reach agreement on
any adjustment constitutes grounds for dispute under the Contract Disputes clause.
D. Nothing in this clause excuses the Lessor from proceeding with the change as directed.
E. Absent written supplemental agreement the Government is not liable to the Lessor under this
clause.
18. Failure in Performance (09/2021) 6.3.16 In the event the Contractor fails to perform a service,
provide an item, or satisfy a requirement under this Contract, the Government may:
A. perform the service, provide the item, or satisfy the requirement itself, and abate the rent by its
actual costs (including administrative costs) incurred in doing so,
B. not correct the Contractor’s performance and abate the rent by an amount reasonably calculated to
approximate the decreased value of the Contract arising from the Contractor’s failure to perform, or
C. pursue termination of the contract under the “Termination” clause(s) in this Contract.
19. No Waiver (09/2021) 6.3.17 (MODIFIED) No failure by the Government or the City to insist upon
strict performance of any provision of this Contract or failure to exercise any right, or remedy
consequent to a breach thereof, will constitute a waiver of any such breach in the future.
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20. Non-Restoration (09/2021) 6.3.18 (MODIFIED) It is hereby agreed between the parties that, upon
termination of its occupancy, including any holdover period, the Government shall have no
obligation to restore and/or rehabilitate, either wholly or partially, the property that is the subject of
this contract. It is further agreed that the Government may abandon in place any or all of the
structures and equipment installed in or located upon said property by the Government during its
tenure. Such abandoned equipment may become the property of the contractor at its election.
21. Quiet Enjoyment (09/2021) 6.3.25 The Contractor warrants that they have good and valid title to
the premises, and rights of ingress and egress, and warrants and covenants to defend the
Government’s use and enjoyment of said premises against third party claims.
22. Damage by Fire or Other Casualty or Environmental Hazards (09/2021) 6.3.26 If the premises
is partially or totally destroyed or damaged by fire or other casualty or if environmentally hazardous
conditions are found to exist so that the premises is untenantable as determined by the Government,
the Government may agree to allow restoration/reconstruction, or may elect to terminate the
contract, in whole or in part, immediately by giving written notice to the contractor and no further
rental will be due. The Government shall have no duty to pay rent while the premises are
unoccupied.
23. Delivery and Condition (09/2021) 6.3.27 Unless the Government elects to have the space occupied
in increments, the space must be delivered ready for occupancy as a complete unit by the agreed
upon occupancy date. The Government reserves the right to determine when the space is ready to
occupy, and to assess damages in the event the occupancy date is not met.
24. Occupancy Permit (09/2021) 6.3.27-1 The premises offered must have a valid Occupancy Permit,
issued by the local jurisdiction, for the intended use of the Government, or the Lessor will complete
and provide a certified copy of the "Checklist: FAA Safety & Environmental Certification" form, in
lieu of an occupancy permit, at the RECO’s discretion.
25. Interference (09/2021) 6.3.28 In the event that FAA operations interfere with the Contractor’s
facility, the Contractor must immediately notify the RECO. The FAA will begin assessment of
interference immediately upon notification.
If the Contractor or its facility interferes with the FAA’s equipment and the Contractor either knows
of, or is notified by the FAA, of the interference, the Contractor will immediately remediate the
interference at its own cost.
Notification under this clause must include the following information, if known:
A. type of interference,
B. the commencement date of the interference, and
C. the root cause of the interference.
26. Alterations (09/2021) 6.3.29 (MODIFIED) The Government upon 30 days notice to the City, shall
have the right during the term of this Lease, including any extensions thereof, to make alterations,
attach fixtures, and erect structures or signs in or upon the premises hereby leased, which fixtures,
alterations or structures so placed in, on, upon, or attached to the said premises shall be and remain
the property of the Government and may be removed or otherwise disposed of by the Government.
The parties hereto mutually agree and understand, that no restoration rights shall accrue to the Lessor
for any alterations or removal of alterations to the leased premises under this Lease, and that the
Government shall have the option of abandoning alterations in place, when terminating the Lease, at
no additional cost.
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27. Hold Harmless (09/2021) 6.3.30 In accordance with and subject to the conditions, limitations and
exceptions set forth in the Federal Tort Claims Act, 28 U.S.C. Ch. 17, the Government will be liable
to persons damaged by any personal injury, death or injury to or loss of property, which is caused by
a negligent or wrongful act or omission of an employee of the Government while acting within the
scope of his office or employment under circumstances where a private person would be liable in
accordance with the law of the place where the act or omission occurred. The foregoing shall not be
deemed to extend the Government's liability beyond that existing under the Act at the time of such
act or omission or to preclude the Government from using any defense available in law or equity.
28. Compliance with Applicable Laws (09/2021) 6.3.31 The Lessor shall comply with all federal, state
and local laws applicable to the Lessor as owner or Lessor, or both, of building or premises,
including, without limitation, laws applicable to the construction, ownership, alteration or operation
of both or either thereof, and will obtain all necessary permits, licenses and similar items at Lessor’s
expense. This Lease shall be governed by federal law.
The Government will comply with all federal, state, and local laws applicable to and enforceable
against it as a tenant under this lease, provided that nothing in this lease shall be construed as a
waiver of the sovereign immunity of the Government.
29. Examination of Records (09/2021) 6.3.32 The Comptroller General of the United States, the
Administrator of FAA or a duly authorized representative of either shall, until three (3) years after
final payment under this contract, have access to and the right to examine any of the Lessor’s
directly pertinent books, documents, paper, or other records involving transactions related to this
contract.
30. Subordination, Nondisturbance and Attornment (09/2021) 6.3.33
A. The Government agrees, in consideration of the warranties and conditions set forth in this clause,
that this contract is subject and subordinate to any and all recorded mortgages, deeds of trust and
other liens now or hereafter existing or imposed upon the premises, and to any renewal, modification
or extension thereof. It is the intention of the parties that this provision shall be self-operative and
that no further instrument shall be required to effect the present or subsequent subordination of this
contract. Based on a written demand received by the RECO, the Government will review and, if
acceptable, execute such instruments as the contractor may reasonably request to evidence further
the subordination of this contract to any existing or future mortgage, deed of trust or other security
interest pertaining to the premises, and to any water, sewer or access easement necessary or desirable
to serve the premises or adjoining property owned in whole or in part by the contractor if such
easement does not interfere with the full enjoyment of any right granted the Government under this
contract.
B. No such subordination, to either existing or future mortgages, deeds of trust or other lien or
security instrument shall operate to affect adversely any right of the Government under this contract
so long as the Government is not in default under this contract. Contractor will include in any future
mortgage, deed of trust or other security instrument to which this contract becomes subordinate, or
in a separate non-disturbance agreement, a provision to the foregoing effect. Contractor warrants that
the holders of all notes or other obligations secured by existing mortgages, deeds of trust or other
security instruments have consented to the provisions of this clause, and agrees to provide true
copies of all such consents to the RECO promptly upon demand.
C. In the event of any sale of the premises or any portion thereof by foreclosure of the lien of any
such mortgage, deed of trust or other security instrument, or the giving of a deed in lieu of
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foreclosure, the Government will be deemed to have attorned to any purchaser, purchasers,
transferee or transferees of the premises or any portion thereof and its or their successors and
assigns, and any such purchasers and transferees will be deemed to have assumed all obligations of
the contractor under this contract, so as to establish direct privity of estate and contract between
Government and such purchasers or transferees, with the same force, effect and relative priority in
time and right as if the contract had initially been entered into between such purchasers or
transferees and the Government; provided, further, that the RECO and such purchasers or transferees
shall, with reasonable promptness following any such sale or deed delivery in lieu of foreclosure,
execute all such revisions to this contract, or other writings, as shall be necessary to document the
foregoing relationship.
D. None of the foregoing provisions may be deemed or construed to imply a waiver of the
Government's rights as a sovereign.
31. Notification of Change in Ownership or Control of Land (09/2021) 6.3.34 If the Contractor sells,
dies or becomes incapacitated, or otherwise conveys to another party or parties any interest in the
aforesaid land, rights of way thereto, and any areas affecting the premises, the Government shall be
notified in writing, of any such transfer or conveyance within 30 calendar days after completion of
the change in property rights. Concurrent with the written notification, the Contractor or
Contractor’s heirs, representatives, assignees, or trustees shall provide the Government copies of the
associated legal document(s) (acceptable to local authorities) for transferring and/or conveying the
property rights.
32. Change of Ownership/Novation (09/2021) 6.3.34-1
A. If during the term of the Lease, title to the Property is transferred or the Lessor changes its legal
name, the Lessor shall notify the Government within five days of the transfer of title/change of
name.
B. The Government and the Lessor must execute a Supplemental Agreement acknowledging the
transfer of title or name change.
C. If title to the Property is transferred, the Government, the original Lessor (Transferor), and the
new owner or assignee (Transferee) shall execute a Novation Agreement providing for the transfer
of Transferor's rights and obligations under the Lease to the Transferee. When executed on behalf of
the Government, a Novation Agreement will be made part of the Lease via Supplemental
Agreement.
D. The RECO may request additional information (e.g., copy of the deed, bill of sale, certificate of
merger, contract, court decree, articles of incorporation, operation agreement, partnership certificate
of good standing, etc.) from the Transferor or Transferee to verify the parties' representations
regarding the transfer.
E. If the RECO determines that recognizing the Transferee as the Lessor will not be in the
Government's interest, the Transferor shall remain fully liable to the Government for the Transferee's
performance of obligations under the Lease, notwithstanding the transfer. Under no condition shall
the Government be obligated to release the Transferor of obligations prior to (a) the rent
commencement date; and (b) any amounts due and owing to the Government under the Lease that
have been paid in full or completely set off against the rental payments due under the Lease.
F. As a condition for being recognized as the Lessor and entitlement to receiving rent, the Transferee
must register in the System for Award Management (SAM) for purposes of “All Awards”, and
complete all required representations and certifications within SAM and the “Representation
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Regarding Certain Telecommunications and Video Surveillance Services or Equipment” in this
contract.
G. If title to the Property is transferred, rent shall continue to be paid to the original Lessor, subject
to the Government's rights as provided for in this Lease. The Government's obligation to pay rent to
the Transferee shall commence on the effective date of the Lease Amendment incorporating the
Novation Agreement. The Lease Amendment will not be issued until the Government has received
all information reasonably required by the RECO, the Government has determined that recognizing
the Transferee as the Lessor is in the Government's interest (which determination will be prompt and
not unreasonably withheld), and the Transferee has met all conditions specified in sub-paragraph F.
33. Sublease (09/2021) 6.3.35 (MODIFIED) The Government may sublease the space covered under
this Lease to another agency or private party, with the City’s consent. In subleasing this space to
another party, the Government is not relieved from its responsibilities under the terms of this Lease
unless otherwise agreed upon with the Lessor.
34. Integrated Agreement (09/2021) 6.3.36 This Contract, upon execution, contains the entire
agreement of the parties, and no prior written or oral agreement, express or implied shall be
admissible to contradict the provisions of this Contract.
35. Unauthorized Negotiating (09/2021) 6.3.37 In no event shall the Contractor enter into
negotiations concerning the premises with anyone other than the RECO or his/her designee.
36. Inspection of Leased Premises (09/2021) 6.3.38 To ensure a safe and healthy work environment for
government employees, agents, and assigns, and to ensure the Contractor’s performance under this
contract, the Government at all times and places during the term of the contract has the right to:
A. inspect the leased premises and all other areas of the building to which access is necessary,
B. test all performance requirements under the contract, and
C. perform any necessary sampling and evaluation to ensure contract compliance.
If inspection reveals a contractual non-conformance, then the Government may require the
Contractor to perform in accordance with the contract requirements at no increase in contract amount
or the Government, in its sole discretion, may perform the work itself in accordance with the
“Failure in Performance” clause of this Contract.
The presence or absence of a government inspection does not relieve the Contractor from any
contract requirement, nor is the inspector authorized to change any term or condition of the contract
without the RECO’s written authorization.
37. Contract Disputes (09/2021) 6.3.39
A. All contract disputes arising under or related to this contract shall be resolved through the Federal
Aviation Administration (FAA) dispute resolution system at the Office of Dispute Resolution for
Acquisition (ODRA) and shall be governed by the procedures set forth in 14 C.F.R. Parts 14 and 17,
which are hereby incorporated by reference. Judicial review, where available, will be in accordance
with 49 U.S.C. 46110 and shall apply only to final agency decisions. A contractor may seek review
of a final FAA decision only after its administrative remedies have been exhausted.
B. The filing of a contract dispute with the ODRA may be accomplished by mail, overnight delivery,
hand delivery, or by facsimile, or if permitted by Order of the ODRA, by electronic filing. A
contract dispute is considered to be filed on the date it is received by the ODRA during normal
business hours. The ODRA's normal business hours are from 8:30 am to 5:00 pm Eastern Time.
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C. Contract disputes are to be in writing and shall contain:
i. The contractor's name, address, telephone and fax numbers and the name, address, telephone and
fax numbers of the contractor's legal representative(s) (if any) for the contract dispute;
ii. The contract number and the name of the Contracting Officer;
iii. A detailed chronological statement of the facts and of the legal grounds for the contractor's
positions regarding each element or count of the contract dispute (i.e., broken down by individual
claim item), citing to relevant contract provisions and documents and attaching copies of those
provisions and documents;
iv. All information establishing that the contract dispute was timely filed;
v. A request for a specific remedy, and if a monetary remedy is requested, a sum certain must be
specified and pertinent cost information and documentation (e.g., invoices and terminated checks)
attached, broken down by individual claim item and summarized; and
vi. The signature of a duly authorized representative of the initiating party
D. Contract disputes shall be filed at the following address:
i. For filing by hand delivery, courier or other form of in-person delivery:
Office of Dispute Resolution for Acquisition
Federal Aviation Administration
600 Independence Avenue SW., Room 2W100
Washington, DC 20591; or
For filing by U.S. Mail:
Office of Dispute Resolution for Acquisition
Federal Aviation Administration
800 Independence Avenue SW
Washington, DC 20591
[Attention: AGC-70, Wilbur Wright Bldg. Room 2W100]; or
Telephone: (202) 267-3290
Facsimile: (202) 267-3720
Alternate Facsimile: (202) 267-1293; or
ii. Other address as specified in 14 CFR Part 17.
E. A contract dispute against the FAA shall be filed with the ODRA within two (2) years of the
accrual of the contract claim involved. A contract dispute by the FAA against a contractor
(excluding contract disputes alleging warranty issues, fraud or latent defects) likewise shall be filed
within two (2) years after the accrual of the contract claim. If an underlying contract entered into
prior to the effective date of this part provides for time limitations for filing of contract disputes with
the ODRA which differ from the aforesaid two (2) year period, the limitation periods in the contract
shall control over the limitation period of this section. In no event will either party be permitted to
file with the ODRA a contract dispute seeking an equitable adjustment or other damages after the
contractor has accepted final contract payment, with the exception of FAA claims related to
warranty issues, gross mistakes amounting to fraud or latent defects. FAA claims against the
contractor based on warranty issues must be filed within the time specified under applicable contract
warranty provisions. Any FAA claims against the contractor based on gross mistakes amounting to
fraud or latent defects shall be filed with the ODRA within two (2) years of the date on which the
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FAA knew or should have known of the presence of the fraud or latent defect.
F. A party shall serve a copy of the contract dispute upon the other party, by means reasonably
calculated to be received on the same day as the filing is to be received by the ODRA.
G. After filing the contract dispute, the contractor should seek informal resolution with the
Contracting Officer.
H. The FAA requires continued performance with respect to contract disputes arising under this
contract, in accordance with the provisions of the contract, pending a final FAA decision.
I. The FAA will pay interest on the amount found due and unpaid from (1) the date the Contracting
Officer receives the contract dispute, or (2) the date payment otherwise would be due, if that date is
later, until the date of payment. Simple interest on contract disputes shall be paid at the rate fixed by
the Secretary of the Treasury that is applicable on the date the Contracting Officer receives the
contract dispute and then at the rate applicable for each 6-month period as fixed by the Treasury
Secretary until payment is made. Interest will not accrue for more than one year.
J. Additional information and guidance about the ODRA dispute resolution process for contract
disputes can be found on the ODRA website at http://www.faa.gov.
38. System for Award Management - Real Property (04/2022) 6.4.1-1
(a) Definitions. As used in this clause:
"Registered in the SAM database" means that the Contractor has entered all mandatory information,
including the Unique Entity Identifier (UEI) or the Electronic Funds Transfer indicator, into the
SAM database.
"System for Award Management (SAM) Database" means the primary Government repository for
Contractor information required for the conduct of business with the Government.
“Unique Entity Identifier (UEI)” (also known as the Unique Entity ID) means a number or other
identifier used to identify a specific commercial, nonprofit, or Government entity. See
www.sam.gov for the designated entity for establishing Unique Entity Identifiers.
“Electronic Funds Transfer indicator” means a 4-characher suffix to the Unique Entity Identifier.
This 4-character suffix may be assigned at the discretion of the business concern to establish
additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts for the
same parent concern.
“Contractor” is synonymous with “Offeror” “Lessor” or “Grantor” for real property leases,
easements, or other contracts.
(b)(1) By submission of an offer, the Contractor acknowledges the requirement that
a prospective awardee will be registered in the SAM database prior to award, during performance,
and through final payment of any contract.
(2) The Contractor must enter, in the space below, the contractor's UEI that identifies the
Contractor's name and address exactly as stated in the offer. The UEI will be used by the RECO to
verify that the Contractor is registered in the SAM database.
UEI: __________________________
(c) If the Contractor does not have a UEI, it should contact www.sam.gov directly to obtain one.
The Contractor should be prepared to provide the following information:
(1) Company* legal business name.
(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.
(3) Company Physical Street Address, City, State, and Zip Code.
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(4) Company Mailing Address, City, State and Zip Code (if separate from physical).
(5) Company Telephone Number.
(6) Date the company was started.
(7) Number of employees at your location.
(8) Chief executive officer/key manager.
(9) Line of business (industry).
(10) Company Headquarters name and address (reporting relationship within your entity).
* Individual (non-corporate) lessors/grantors of real property that are not normally in the business of
leasing real property should consider leasing to the Government as a separate business (usually a
sole proprietorship) then provide the pertinent ownership information as a sole proprietor when
providing this information to www.sam.gov.
(d) If the offeror does not become registered in the SAM database in the time prescribed by the
RECO, the RECO may proceed to award to the next otherwise successful registered offeror.
(e) Processing time should be taken into consideration when registering. Offerors who are not
registered should consider applying for registration immediately upon receipt of the solicitation.
(f) The Contractor is responsible for the accuracy and completeness of the data within the SAM
database, and for any liability resulting from the Government's reliance on inaccurate or incomplete
data. To remain registered in the SAM database after initial registration, the Contractor is required to
review and update, on an annual basis from the date of initial registration or subsequent updates, its
information in the SAM database to ensure it is current, accurate and complete. Updating
information in the SAM does not alter the terms and conditions of this contract and is not a substitute
for a properly executed contractual document.
(g)(1)(i)If a Contractor has legally changed its business name, “doing business as” name, or division
name (whichever is shown on the contract), or has transferred the assets used in performing the
contract, but has not completed the necessary requirements regarding novation and change-of-name
agreements in AMS Procurement Guidance, the Contractor must provide the responsible RECO a
minimum of one business day's written notification of its intention to:
(A) Change the name in the SAM database;
(B) Comply with the requirements of AMS regarding novation and change-of-name agreements; and
(C) Agree in writing to the timeline and procedures specified by the RECO. The Contractor must
provide the RECO notification and sufficient documentation to support the legally changed name
and then execute the appropriate supplemental agreement provided by the RECO to document the
name change.
(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or
fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a
properly executed novation or change-of-name agreement/supplemental agreement, the SAM
information that shows the Contractor to be other than the Contractor indicated in the contract will
be considered to be incorrect information within the meaning of the "Suspension of Payment"
paragraph of the Payment by Electronic Funds Transfer- System for Award Management clause of
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this contract.
(2) The Contractor must not change the name or address for EFT payments or manual payments, as
appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims.
Assignees must be separately registered in the SAM database. Information provided to the
Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate
recipient other than that Contractor will be considered to be incorrect information within the
meaning of the "Suspension of payment" paragraph of the Payment by Electronic Funds Transfer-
System for Award Management clause of this contract.
(h) Contractors may obtain information on registration and annual confirmation requirements via the
internet at http://www.sam.gov or by calling 866-606-8220.
PRESCRIPTION: Insert in all leases or easements or supplemental agreements to existing leases or
easements unless the FAA has granted a waiver from the use of SAM. Must be used in conjunction
with 6.4.2-1 Payment by Electronic Funds Transfer- System for Award Management. NOTE: If the
FAA has granted a waiver from the use of SAM, use clause 6.4.1 "System for Award Management
(SAM Waiver)" and REMOVE this clause.
39. Payment by Electronic Funds Transfer- System for Award Management (09/2021) 6.4.2-1
A. Method of payment.
i. Unless waived by the RECO, all payments by the Government under this contract will be made by
electronic funds transfer (EFT), except as provided in paragraph (A)(ii) of this clause. As used in this
clause, the term "EFT" refers to the funds transfer and may also include the payment information
transfer.
ii. In the event the Government is unable to release one or more payments by EFT, the Contractor
agrees to either:
a. Accept payment by check or some other mutually agreeable method of payment; or
b. Request the Government to extend the payment due date until such time as the Government can
make payment by EFT (but see paragraph (D) of this clause).
B. Contractor's EFT information. The Government will make payment to the Contractor using the
EFT information contained in the System for Award Management (SAM) database. In the event that
the EFT information changes, the Contractor must be responsible for providing the updated
information to the SAM database.
C. Mechanisms for EFT payment. The Government may make payment by EFT through either the
Automated Clearing House (ACH) network, subject to the rules of the National Automated Clearing
House Association, or the Fedwire Transfer System. The rules governing Federal payments through
the ACH are contained in 31 CFR Part 210.
D. Suspension of payment. If the Contractor's EFT information in the SAM database is incorrect,
then the Government need not make payment to the Contractor under this contract until correct EFT
information is entered into the SAM database; and any invoice or contract financing request will be
deemed not to be a proper invoice for the purpose of prompt payment under this contract. The
prompt payment terms of the contract regarding notice of an improper invoice and delays in accrual
of interest penalties apply.
E. Liability for uncompleted or erroneous transfers.
i. If an uncompleted or erroneous transfer occurs because the Government used the Contractor's EFT
information incorrectly, the Government remains responsible for
a. Making a correct payment;
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b. Paying any prompt payment penalty due; and
c. Recovering any erroneously directed funds.
ii. If an uncompleted or erroneous transfer occurs because the Contractor's EFT information was
incorrect, or was revised within 30 days of Government release of the EFT payment transaction
instruction to the Federal Reserve System, and
a. If the funds are no longer under the control of the payment office, the Government is deemed to
have made payment and the Contractor is responsible for recovery of any erroneously directed
funds; or
b. If the funds remain under the control of the payment office, the Government will not make
payment, and the provisions of paragraph (D) of this clause will apply.
F. EFT and prompt payment. A payment will be deemed to have been made in a timely manner in
accordance with the prompt payment terms of this contract if, in the EFT payment transaction
instruction released to the Federal Reserve System, the date specified for settlement of the payment
is on or before the prompt payment due date, provided the specified payment date is a valid date
under the rules of the Federal Reserve System.
G. EFT and assignment of claims. If the Contractor assigns the proceeds of this contract as provided
for in the assignment of claims terms of this contract, the Contractor must require as a condition of
any such assignment, that the assignee must register separately in the SAM database and will be paid
by EFT in accordance with the terms of this clause. Notwithstanding any other requirement of this
contract, payment to an ultimate recipient other than the Contractor, or a financial institution
properly recognized under an assignment of claims, is not permitted. In all respects, the requirements
of this clause will apply to the assignee as if it were the Contractor. EFT information that shows the
ultimate recipient of the transfer to be other than the Contractor, in the absence of a proper
assignment of claims acceptable to the Government, is incorrect EFT information within the
meaning of paragraph (d) of this clause.
H. Liability for change of EFT information by financial agent. The Government is not liable for
errors resulting from changes to EFT information made by the Contractor's financial agent.
I. Payment information. The payment or disbursing office will forward to the Contractor available
payment information that is suitable for transmission as of the date of release of the EFT instruction
to the Federal Reserve System. The Government may request the Contractor to designate a desired
format and method(s) for delivery of payment information from a list of formats and methods the
payment office is capable of executing. However, the Government does not guarantee that any
particular format or method of delivery is available at any particular payment office and retains the
latitude to use the format and delivery method most convenient to the Government. If the
Government makes payment by check in accordance with paragraph (A) of this clause, the
Government will mail the payment information to the remittance address contained in the SAM
database.
40. Tenant Improvements (09/2021) 6.5.1
A. TENANT IMPROVEMENTS
i. Tenant improvements are the components, finishes, and fixtures that typically take space from the
“shell” to a finished, useable condition.
ii. The building “shell” is the complete enveloping structure, the base building systems, and the
finished common areas of a building that adjoin the tenant areas. Unless an item is specifically
identified as a tenant improvement, it is considered a shell item.
iii. All tenant improvements must be approved by the RECO. Unauthorized work is performed at
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the Lessor’s risk.
B. TENANT IMPROVEMENT ALLOWANCE.
i. The total tenant improvement allowance is $<insert dollar amount> which shall be paid entirely by
the Lessor, including any instance where the Government accepts fixtures and/or other tenant
improvements already in place.
ii. The tenant improvement allowance covers [RECO CHOOSE: all/a portion] of the cost of the
design and build-out of the Government’s demised area in accordance with the Government’s
approved Design Intent Drawings.
iii. All tenant improvements required by the Government for occupancy will be constructed and paid
for by the Lessor as a part of the rental consideration, and all improvements must meet the quality
standards and requirements of this Lease.
iv. At no additional cost to the Government, the Lessor agrees to pay and disburse all of the tenant
improvement payments, and to provide the Government with all of the costs associated with the
tenant improvements including, but not limited to, construction costs and costs related to preparation
of construction plans, construction management fees, city fees and permit costs or penalties,
certificate of occupancy and applicable taxes and engineering fees.
v. The Government, at its sole discretion, will make all decisions as to the usage of the tenant
improvement allowance. The Government may:
a. use all or part of the tenant improvement allowance; or
b. return to the Lessor any unused portion of the tenant improvement allowance in exchange for a
decrease in rent.
If the Government build-out costs are in excess of the tenant improvement allowance, the Lessor
may recover such costs by making a request for equitable adjustment as described elsewhere in this
contract.
vi. The tenant improvement allowance must include all of the Lessor’s administrative costs, general
contractor fees, subcontractor’s profit and overhead costs, Lessor’s profit and overhead, design costs,
and other associated project fees necessary to prepare construction documents and to complete the
tenant improvements. It is the Lessor’s responsibility to prepare all documentation (construction
drawings, etc.) required to receive construction permits. No costs associated with the building shell
shall be included in the tenant improvement price proposal.
C. DISCLOSURE OF TENANT IMPROVEMENT COSTS. The Lessor shall make a disclosure of
all tenant improvement costs to the Government after all tenant improvement costs have been
accounted for, such disclosure shall include a monthly payment schedule of said tenant improvement
costs and balance remaining each month in accordance with the schedule detailed in the
“Consideration” clause.
41. Work Performance (09/2021) 6.5.2 All work in performance of this Lease shall be done by skilled
workers or mechanics and shall be acceptable to the RECO. The RECO retains the right to reject the
Lessor’s workers 1) if such are either unlicensed, unskilled, or otherwise incompetent, or 2) if such
have demonstrated unacceptable performance in connection with work carried out in conjunction
with this Lease. In the event of such rejection, the Lessor shall offer substitute/replacement workers,
subject to the approval of the RECO.
42. Responsibility of the Lessor and Lessor's Architect/Engineer (09/2021) 6.5.3
A. The Lessor shall be responsible for the professional quality, technical accuracy, and the
coordination of all designs, drawings, specifications, and other services furnished by the Lessor
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under this contract. The Lessor shall, without additional compensation, correct or revise any errors
or deficiencies in its designs, drawings, specifications or other services.
B. The Lessor remains solely responsible for designing, constructing, operating, and maintaining the
leased premises in full accordance with the requirements of the lease. The Government retains the
right to review and approve many aspects of the Lessor’s design, including without limitation,
review of the Lessor’s design and construction drawings, shop drawings, product data, finish
samples, and completed base building and tenant improvement construction. The Government shall
work closely with the Lessor, in an integrated manner, to identify potential design flaws, to minimize
costly misdirection of effort, and to assist the Lessor in its effort to monitor whether such design and
construction comply with applicable laws and satisfy all lease requirements.
C. Neither the Government’s review, approval or acceptance of, nor payment through rent of the
services required under this lease, shall be construed to operate as a waiver of any rights under this
Lease or of any cause of action arising out of the performance of this Lease, and the Lessor shall be
and remain liable to the Government in accordance with applicable law for all damages to the
Government caused by the Lessor’s negligent performance of any of the services required under this
Lease.
D. Design and construction and performance information is contained throughout several of the
solicitation documents which shall comprise a resulting lease. The Lessor shall provide to space
planners, architects, engineers, construction contractors, etc., all design and performance information
required whether it is found in the submitted solicitation, the lease, price lists, or Design Intent
Drawings. Reliance upon one of these documents to the exclusion of any other may result in an
incomplete understanding of the scope of the work to be performed and/or services to be provided.
.
43. Wiring for Telephones (09/2021) 6.5.17 The Government reserves the right to provide its own
telephone service in the space to be leased. It may have inside wiring and telephone equipment
installed by the local telephone company or a private contractor. Alternately, the Government may
consider using inside wiring installed by the Lessor, if available. However, the final decision will be
made by the Government.
44. Installation of Antennas, Cables & Other Appurtenances (09/2021) 6.5.18 The Government
shall have the right to install, operate and maintain antennas, wires and supporting structures,
including any linking wires, connecting cables and conduits atop and within buildings and structures,
or at other locations, as deemed necessary by the Government. The Government will coordinate with
the Lessor when installing antennas, cables, and other appurtenances.
45. Doors (09/2021) 6.6.1 Exterior doors must be weather tight, equipped with cylinder locks and door
checks, automatic door closures and open outward. The Lessor must furnish the Government at least
two master keys and two keys for each lock. Interior doors must be solid cored and at least 32 by 80
inches with a minimum opening of 32 inches and be of sturdy construction. Fire doors must conform
to NFPA Standard No. 80. As designated by the Government, doors must be equipped with non-
removable hinge pins, and locks with 7-pin removable cores. The Government shall provide cores.
Locks, locking arrangements and latches must be in accordance with local building and fire codes, as
well as OSHA 29 CFR 1910.
46. Lighting (09/2021) 6.6.2 Modern, diffused, energy efficient fixtures must be provided that maintain
a uniform lighting level of 50 foot candles at working surfaces. Emergency lighting must provide at
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least 0.5 foot candles of illumination throughout the exit path, including exit access routes, exit
stairways, or other routes such as passageways to the outside of the building. Additionally, normal
and emergency egress lighting must comply with the requirements of local building and fire codes,
as well as, the Life Safety Code NFPA 101.
47. Adhesives and Sealants (09/2021) 6.6.3 The Lessor shall use adhesives and sealants that contain
no formaldehyde, asbestos, polychlorinated biphenyls (PCBs), or heavy metals.
48. Ceilings (09/2021) 6.6.4 Ceilings must have acoustical treatment with a flame spread of 25 or less
and smoke development rating of 50 or less.
49. Floor Load (09/2021) 6.6.5 All adjoining floor areas shall be:
A. Of a common level not varying more than 1/4 inch over a 10-foot, 0-inch horizontal run in
accordance with the American Concrete Institute standards,
B. Non-slip, and
C. Accepted by the RECO.
Under floor surfaces shall be smooth and level. Office areas shall have a minimum live load capacity
of 50 pounds per square foot plus 20 pounds per square foot for moveable partitions. Storage areas
shall have a minimum live load capacity of 100 pounds per square foot including moveable
partitions. A report showing the floor load capacity, at no cost to the Government, by a registered
professional engineer may be required by the RECO. Calculations and structural drawings may also
be required.
50. Painting (09/2021) 6.6.6 All surfaces must be newly painted with low-VOC, non-lead based paints
in colors acceptable to the Government. All surfaces must be repainted after working hours at
Lessor’s expense at least once every five (5) years. Such repainting includes the moving and
returning of the furniture, including dismantling, moving and re-assembling the Government’s
systems furniture, if directed by the Government, at the Lessor’s expense. Any existing lead based
paint must be properly maintained and managed per existing federal, state, and local regulatory
requirements. If there is chipping, flaking, or peeling paint in the leased premises during the period
of Government occupancy, it must be sampled for lead at the Lessor’s expense. If the paint contains
lead, it must be abated at the Lessor’s expense. This could be performed either by removal or sealing
with an encapsulating material.
51. Display Advertising (09/2021) 6.6.7 If the leased premises are solely for Government use, no
advertising matter shall be constructed on or over the premises, unless authorized by the RECO.
52. Erection of Signs (09/2021) 6.6.8 The Government shall have the right to erect on or attach to the
Lessor's premises such signs as may be required to clearly identify the Government's facility. Said
signs so erected will remain the property of the Government and shall be removed from the premises
upon termination of the lease.
53. Window and Floor Covering (09/2021) 6.6.9 (IN DISCUSSION)All exterior windows shall be
equipped with window covering. Floors will be carpeted with a commercial grade of carpet
acceptable (carpet tiles or carpet broadloom) to the Government. Existing floor and window
coverings may be accepted at the discretion of the RECO; however, prior to occupancy all carpeting
and window coverings shall be cleaned.
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At no additional cost to the Government, the Lessor shall replace carpeting at least every <insert # of
years> years during Government occupancy or any time during the lease when:
A. Backing or underlayment is exposed,
B. There are noticeable variations in surface color or texture, and/or
C. The condition of the carpet is such that it presents a clear and present danger to pedestrians.
Replacement includes moving and return of furniture including dismantling, moving and re-
assembling the Government’s systems furniture if directed by the Government.
54. Seismic Safety for Existing Building (09/2021) 6.6.10 All existing buildings leased by the
Government under this contract must meet the minimum acceptable performance seismic standard of
‘Life Safety’ as specified in Section 2.2 of Standards of Seismic Safety for Existing Federally
Owned or Leased Buildings and Commentary issued by the Interagency Committee on Seismic
Safety in Construction as ICSSC Recommended Practice (RP-8), Seismic Standards for Existing
Federally Owned and Leased Buildings, Dec 2011. RP-8 is available online and in print from the
National Institute of Standards and Technology as NISTIR GCR 11-917-12.
Compliance with Life Safety: The Lessor shall provide proof of compliance in the form of a written
certification by an independent licensed structural engineer that the building was designed, built and
maintained to the requirements of RP-8. The structural engineer certification shall be in the format of
the Government-provided “Life Safety Compliance/Seismic Certification” form. If the building
cannot be certified in accordance with RP-8, the structural engineer must evaluate the building using
the American Society for Civil Engineers ASCE/SEI 41-13, Seismic Evaluation and Retrofit of
Existing Buildings and attach the evaluation to the “Life Safety Compliance/Seismic Certification”
form. Buildings meeting the requirements of ASCE/SEI 41-13 using a safety objective of ‘Life
Safety’ are considered to meet the Government’s requirement. Alternatively, if the building qualifies
as a Benchmark Building in accordance with RP-8 and as certified on the “Life Safety
Compliance/Seismic Certification” form, it will be deemed to meet minimum seismic requirements.
In the event a building with a certification of seismic compliance is occupied by the Government and
is later determined to not meet the standard indicated on the “Life Safety Compliance/Seismic
Certification” form, the Government at its discretion may require the Lessor to meet the agreed upon
standard or may terminate this Lease upon giving written notice, with no cost accruing to the
Government, notwithstanding any other agreements contained in this Lease.
55.
56. Seismic Safety for Equipment (09/2021) 6.6.12 All Lessor-installed equipment, either Government
provided or Lessor provided, shall be installed in strict accordance with the latest available edition of
the International Building Code (IBC) at the time of execution of this contract and the DOT
Specification FAA-G-2100H to ensure proper anchoring to protect personnel during a seismic event.
57. Construction Waste Management (09/2021) 6.6.13
A. The Lessor shall reuse or recycle construction and demolition waste to the maximum extent
practicable and economically feasible. Items that shall be considered for recycling include: asphalt,
bricks, concrete and masonry, metals, wood, cardboard, carpet, gypsum drywall, and ceiling tiles.
B. If any waste materials encountered during the demolition or construction phase are found to
contain lead, asbestos, polychlorinated biphenyls (PCBs) (such as fluorescent lamp ballasts), or other
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harmful substances, they shall be handled, removed, transported, and disposed of in accordance with
federal and state laws and requirements concerning hazardous waste.
C. The Lessor agrees, upon request, to provide the Government with additional information
concerning the execution of construction waste recycling activities.
58. Green Label Certification for Sustainability Verification (09/2021) 6.6.14 Following award of
this Lease, the Lessor shall submit the information set forth herein to the facility manager, to be
maintained on site, within the designated time frames.
A. Product Data Sheets for floor coverings, paints and wall coverings, ceiling materials, all
adhesives, wood products, suite and interior doors, subdividing partitions, wall base, door hardware
finishes, window coverings, millwork substrate and millwork finishes, lighting and lighting controls,
and insulation to be used within the leased space. This information must be submitted no later than
the date of submission of the final Design Intent Drawings for the leased space, as outlined in the
“Design Intent Drawings” clause of this Contract.
B. Any waiver required by the failure or inability of the Lessor to use materials from the CPG and
Recovered Materials Advisory Notice (RMAN) lists of acceptable products are due within 60
business days to the facility manager and copy to the RECO.
C. Radon test results as may be required in accordance with the “Radon Air Levels” clause.
D. Construction Waste Management Plan - Prior to issuance of the notice to proceed with
construction, a proposed plan to recycle construction waste that follows industry standards must be
submitted by the Lessor. The construction waste management plan shall at a minimum, include:
i. The Lessor's Waste Management Diversion goal;
ii. A statement of the relevant construction debris and materials to be diverted;
iii. Lessor's implementation protocols; and
iv. The names and contact information of the parties responsible for implementing the plan. The
Lessor must provide documentation of the actual percentage of material diverted from the applicable
landfill. If the quantity of material to be diverted is small, the waste disposal method is determined to
be extraordinarily complex, or the cost of such diversion and recycling efforts would be cost-
prohibitive and, consequently, would represent a genuine hardship, the Government, upon written
request of the Lessor and approval of the facility manager and copy to the RECO, may permit an
alternative means of disposal.
E. Building Recycling Service Plan - A building recycling service plan with floor plans annotating
recycling area(s) shall be submitted as part of the Design Intent Drawings to be reflected on the
Construction Drawing submission.
F. The Lessor shall provide to the RECO a signed statement explaining how all HVAC systems
serving the leased space shall achieve the desired ventilation of the space during the flush-out period.
G. Prior to the submission by the Lessor of the completed Design Intent Drawings, the Lessor shall
submit to the RECO a written commissioning plan that includes:
i. A schedule of systems commissioning dates (revised as needed during all construction phases of
the project, subject to the review and approval of the RECO in accordance with the “Changes”
clause of this Contract; and
ii. A description of how commissioning requirements shall be met and confirmed.
59. Services, Utilities, and Maintenance of Premises (09/2021) 6.7.1 The Lessor must maintain the
demised premises, including but not limited to, the building grounds, all equipment, fixtures and
appurtenances furnished by the Lessor under this Lease, in a good, clean and tenantable condition.
The Lessor shall maintain landscape plants, lawns, walkways, and parking areas. The Lessor shall
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also remove snow, ice, and any other obstructions from the entrances, walkways, and parking areas
around the premises, prior to and during normal business hours set forth below.
The Lessor must provide the labor, materials, equipment and supervision necessary to ensure good
repair and tenantable condition.
Services, utilities, and maintenance will be provided daily, extending from <INSERT TIME> to
<INSERT TIME> except Saturday, Sunday and federal holidays.
Utility and maintenance services supplied to space that houses technical equipment will be supplied
twenty-four (24) hours per day, seven (7) days per week.
The Government will have unlimited access to the leased premises 24 hours per day, seven days per
week, including, as applicable, the use of electrical services, toilets, lights, elevators, and
Government office machines at no additional cost. Such access will allow the Government to
service Government-owned technical equipment, or to perform other mission-critical related duties,
as it determines necessary in its sole and absolute discretion.
In addition to such other services as are set forth elsewhere in this Contract, the Contractor must
provide the following:
A. Electricity,
B. Water (hot and cold) and sewer
C. Potable water (see “Drinking Water” clause)
60. HVAC (09/2021) 6.7.3 All heating, ventilation and air-conditioning systems that service the leased
space must maintain a temperature range of 68-72 degrees Fahrenheit year-round or as dictated in
the most recent version of ASHRAE Standard 62, “Ventilation for Acceptable Indoor Air Quality”
and ASHRAE Standard 55, “Thermal Environmental Conditions for Human Occupancy”. These
temperatures must be maintained during hours of operation (as dictated by the lease) throughout the
leased premises and service areas regardless of outside temperatures. An automatic control system
will be provided to ensure compliance with heating and air conditioning provisions included in this
contract.
In order to ensure that there is no degradation of air quality or air flow in the leased premises during
the term of the lease, Lessor agrees to perform preventative maintenance on all HVAC units in
accordance with the corresponding manufacturers operations and maintenance manuals (e.g. check
for defects, lubricate, make adjustments, change the filters, cleaned and make other necessary
service requirements). Lessor also agrees to service the VAV boxes annually (on or before each
lease anniversary date) and provide the service date to the RECO and FAA facility manager. Such
service will include checking the temperature ranges, checking all speeds on each fan, cleaning the
fans and other components, replacing defective parts and completing other necessary repairs and
maintenance.
61. Landscaping (09/2021) 6.7.4
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A. Where conditions permit, the site shall be landscaped for low maintenance and water
conservation with plants that are either native or well-adapted to local growing conditions.
B. Landscape management practices shall prevent or minimize pollution and storm water runoff by:
i. Employing practices which avoid or minimize the need for fertilizers and pesticides;
ii. Prohibiting the use of the 2,4-Dichlorophenoxyacetic Acid (2,4-D) herbicide and
organophosphates; and
iii. Composting/recycling all yard waste.
C. The Lessor shall use landscaping products with recycled content required by Environmental
Protection Agency's (EPA's) Comprehensive Procurement Guidelines (CPG) for landscaping
products. Refer to EPA's CPG web site, https://www.epa.gov/smm/comprehensive-procurement-
guideline-cpg-program.
62. Pest Control (09/2021) 6.7.5 Pesticide application to exterminate and control pests within the leased
premises can be performed per periodic schedule for preventative maintenance and according to
need with 24-hour notification to the FAA facility management. Prior to any addition/change in type
of pesticides or other chemical pest control, Lessor must provide 48-hour written notice with
applicable Safety Data Sheet(s) (SDS) to be provided to the FAA facility management.
Herbicides/pesticides are not to be applied near the outside air intakes of the building when the
HVAC system is in operation, nor within the leased premises during normal working hours or when
the HVAC system is in operation.
63. Fire and Life Safety Requirements (09/2021) 6.8.3 The facility, its systems and appurtenances
must be in compliance with the following fire and life safety (FLS) requirements:
A. Construction features of the building must comply with state and local building codes in effect at
the time of construction or most recent alteration.
B. Maintenance and operations of the building must comply with the current edition of state and
local fire safety and fire prevention codes.
C. Construction features, maintenance and operations of the building must meet or exceed the
minimum level of fire and life safety specified by OSHA 29 CFR 1910.
Where compliance with the literal requirements of these standards has not been achieved, the Lessor
must document, in writing to the Government, the specific deviation(s) from these standards and the
equivalencies or alternative methods used by the Lessor as alternative methods of compliance. Each
approach used as an alternative method of compliance must be documented in accordance with the
Equivalency and Technical Documentation requirements of NFPA 101, signed by a Fire Protection
Engineer, licensed in the subject property’s state, and a copy must be provided to the RECO.
As provided in this section, all codes, standards, orders and directives refer to the current edition in
place at the signing of this contract. If construction or alterations to the premises are undertaken at
any time during the term of this contract, fire protection and life safety systems must be brought into
compliance where required by applicable codes and standards according to the then-current edition
of local codes and standards and all requirements of OSHA 29 CFR 1910. The party initiating the
construction or alterations is responsible for funding the upgrade of fire and life safety systems,
construction or alteration to the facility must never decrease the level of fire and life safety provided.
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Regardless of local code requirements, when the premises (including garage areas under contract by
the Government) is on the 6th floor or above, or below grade, automatic sprinklers are required. All
Airport Traffic Control Towers must meet the requirements of OSHA’s Alternate Standard for Fire
Safety in Airport Traffic Control Towers and the NFPA 101. Furthermore, buildings serving
National Airspace System (NAS) air traffic control operations and constructed after June 2012, must
be fully protected with an automatic, electrically supervised sprinkler system designed and installed
in accordance with the requirements of NFPA 13.
When space is located in multi-tenant buildings, the Lessor is responsible for the following:
i. Development of a building Emergency Action Plan (EAP) and Fire Prevention Plan.
ii. Publishing and making copies of the EAP and Fire Prevention Plan, and making them available to
all FAA occupants.
iii. Conducting fire or other emergency evacuation drills, at least annually.
iv. Conducting review and modification of the EAP and Fire Prevention Plan at least annually.
v. Inviting FAA representation to develop, review and modify the EAP and Fire Prevention Plan.
64. Fall Protection (09/2021) 6.8.4 The Contractor must ensure proper fall protection safety systems are
in place for all work areas where Government personnel are required to perform work at four feet or
more above the next lowest level on fixed ladders and within access points to elevated work areas in
accordance with FAA Order 3900.19, FAA Occupational Safety and Health Policy, 29 CFR 1910,
Occupational Safety and Health Standards (General Industry), 29 CFR 1926 Subpart M, Safety and
Health Regulations for Construction, and applicable regulatory required American National Standard
Institute (ANSI) Standards. All such elevated work surfaces (platforms, catwalks, roofs, etc.) must
have OSHA compliant guardrails, railings, toe boards and/or parapets where applicable to meet
OSHA and ANSI requirements as referenced herein.
65. Environmental and Occupational Safety and Health (EOSH) Requirements (09/2021) 6.8.5 The
Contractor must provide space, services, equipment, and conditions that comply with the following
EOSH standards:
A. 29 CFR 1910, Occupational Safety and Health Administration (OSHA) Standards (General
Industry)
B. 29 CFR 1926, Safety and Health Standards (Construction)
C. National Fire Protection Association (NFPA) 101, Life Safety Code
D. FAA Order 3900.19, FAA Occupational and Health Policy
E. FAA Standard HF-STD-001, Human Factors Design Standard
F. National Fire Protection Association (NFPA) 70, National Electrical Code, and NFPA 70E,
Electrical Safety in the Workplace
G. Local and state EOSH regulations
H. Local and state fire codes and building codes.
Federal, state and local EOSH (OSHA and EPA) standards and building codes must be complied
with when accomplishing any cleaning, construction, renovation, remodeling, maintenance activities
or testing done in or on the leased premises and areas connected to or integrated with the premises.
Additionally, whenever FAA standards require work processes or precautions to be provided, the
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Contractor will coordinate with the FAA before and during the work so that the proper requirements
are met.
Any equipment designed, installed, or used that presents a potential safety hazard shall be marked
with appropriate warning labels or placards, in accordance with 29 CFR 1910.145, Specifications for
Accident Prevention Signs and Tags, FAA HF-STD-001, Human Factors Design Standard, Chapter
12.16, Safety Labels and Placards, American National Standards Institute (ANSI) Standard Z535.4,
Product Safety Signs and Labels, and FAA-G-2100H, Electronic Equipment, General Requirements,
Section 3.3.5.4.
66. Recycling (09/2021) 6.8.6 Where state or local law, code, or ordinance requires recycling programs
(including those for mercury containing lamps) for the space, the Contractor shall comply with state
and/or local law, code, or ordinance. In all other cases, the Contractor must establish a recycling
program for paper, corrugated cardboard, glass, plastics, and metals to the extent practicable and
where local markets for those recovered materials exist. The Contractor agrees, upon request, to
provide the Government with additional information concerning recycling programs maintained in
the building and in the space after lease execution.
67. Indoor Air Quality (09/2021) 6.8.7 The Contractor must control contaminants at the source and/or
operate the space in such a manner that the indicator levels are not exceeded for carbon monoxide
(CO), carbon dioxide (CO2), and formaldehyde (CH2O). The indicator levels for office area are as
follows: CO less than 5 parts per million (PPM); CO2 - 700 PPM above outdoor air; CH2O - 0.027
PPM. All indoor air contaminant levels in the space must be kept below appropriate OSHA
regulations or OSHA required consensus standards. Air quality systems cleaning is required to
prevent the growth of mold, mildew and bacteria. Any visual evidence of these will require
immediate sampling and remediation. Moisture/standing water must be controlled to prevent the
growth of these.
During working hours, ventilation must be provided in accordance with the latest edition of
ANSI/American Society of Heating, Refrigerating, and Air-Conditioning Engineers (ASHRAE)
Standard 62, Ventilation for Acceptable Indoor Air Quality and ASHRAE Standard 55, Thermal
Environmental Conditions for Human Occupancy.
The Contractor must investigate indoor air quality (IAQ) complaints immediately and must
implement controls including alteration of building operating procedures (e.g., adjusting air intakes,
adjusting air distribution, cleaning and maintaining heating, ventilation and air conditioning (HVAC)
systems, etc.). The Government is responsible for addressing IAQ problems resulting from its own
activities.
The Contractor must provide SDS to FAA facility management for all chemicals and cleaning
solutions at least 72 hours prior to their use in the FAA spaces or other areas of the buildings that
might affect air quality in the FAA space(s). Materials should contain low or no Volatile Organic
Compounds (VOC) and additional ventilation may be required when using chemicals and cleaning
solutions.
68. Mold Growth Identification and Control (09/2021) 6.8.8 The contractor must prevent mold
growth and excessive levels of moisture and humidity. Adequate air quality, moisture control and
facility cleaning are required to prevent the growth of mold, mildew, and bacteria. Any visual
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evidence of mold requires immediate sampling and remediation by the contractor.
Following a water-intrusion event, the contractor must identify the water source and immediately
implement water extraction and drying efforts. Once the water source is identified, the contractor
must take action to prevent additional water damage and ensure that permanent fixes are in place
prior to build-back and restoring building materials. Within 24-48 hours of water damage from clean
water sources (e.g., water supply lines, rainwater, and snowmelt from rooftops), all building
materials must be dried to a moisture level that will prevent mold growth.
All porous materials contaminated with sewage or other Category 2 (e.g., washing machine
overflows, toilet overflows, and non-feces waters) or Category 3 (sewage backups and overflows
from beyond toilet traps, feces, floodwaters, and groundwater intrusion) water sources must be
discarded. All non-porous material must be cleaned and disinfected.
Mold remediation and cleaning must be conducted using recognized industry methods and practices
(e.g. Institute of Inspection, Cleaning and Restoration Certification (IICRC) S500 Standard and
Reference Guide for Professional Water Damage Restoration, IICRC-S520 Standard and Reference
Guide for Professional Mold Remediation, 2008, and National Air Duct Cleaners Association
(NADCA): Assessment, Cleaning and Restoration of HVAC Systems, ACR 2006). State
requirements concerning mold remediation, contractors training and licensing must be followed.
The contractor must coordinate with the FAA facility management and RECO regarding all mold
remediation operations. The FAA must be afforded the opportunity to provide input in the mold
remediation process. Biocides must be used cautiously and in accordance with EPA requirements. A
Certified Industrial Hygienist (CIH) must pre-approve the use of EPA-approved biocides in air
conveyance systems.
69. Drinking Water (09/2021) 6.8.9 The contractor must provide drinking water in the space that meets
the standards prescribed in the Safe Drinking Water Act, 42 U.S.C. 300. Acceptable potable water
must meet EPA’s primary drinking water standards with contaminants being less than established
Maximum Contaminant Levels (MCLs) and action levels. In cases where state and/or local
authorities have their own standards, potable water must meet those or federal standards, whichever
is more stringent.
The contractor must test the sources of drinking water in the space (faucets, drinking water
fountains, ice machines, etc.) on a periodic basis, but no less than every three (3) years, to ensure
water quality (e.g., lead, copper, total coliforms). If the contractor performs plumbing and/or
renovation work in the space that impacts the drinking water (i.e., replacement of water lines), the
contractor must test the drinking water in the system affected by the plumbing and/or renovation
work. If at any time, the FAA or contractor’s drinking water test results are not acceptable under the
EPA’s primary drinking water, and/or state and local authorities’ standards as described above, the
Lessor must immediately correct the deficiencies. The contractor must notify the Government prior
to performing all tests and provide a copy of any test report to the RECO and facility management or
their designee.
70. Halon (09/2021) 6.8.10 Halon may not be used in any FAA space.
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71. Radon Air Levels (09/2021) 6.8.11 Contractor must provide the FAA with a Radon Evaluation
Report for the facility when requested. Radon air levels in FAA premises must not exceed the level
of 4.0 picocuries per liter (pCi/L). If radon levels are found to be at or above 4.0 pCi/L, the
contractor must immediately notify the RECO and FAA facility management of its finding and its
plan of corrective action, including testing, to ensure radon air levels are maintained below 4.0 pCi/L
at all times. Radon testing shall be done by a radon professional certified according to state and local
requirements using US EPA approved testing methods.
72. Asbestos (09/2021) 6.8.12 The contractor must ensure that FAA personnel are protected from
asbestos hazards, in accordance with:
A. 29 CFR 1910.1001, Asbestos (General Industry)
B. 29 CFR 1926.1101, Asbestos (Construction)
C. 40 CFR 763, Subpart E, Asbestos Containing Materials in Schools, Asbestos Hazard Emergency
Response Act (AHERA)
D. 40 CFR 61, Subpart M, National Emissions Standards for Hazardous Air Pollutants (NESHAP)
E. State and local asbestos regulations
The contractor warrants that, notwithstanding inspection and acceptance by the Government or any
provision concerning the conclusiveness thereof, all space under this contract, including, but not
limited to; space above suspended ceilings in the leased space, air plenums elsewhere in the building
that service the leased space, engineering spaces in the same ventilation zone as the leased space,
public spaces in the same ventilation zone as the leased space, and public spaces and common use
spaces (e.g., lobbies, hallways) will, at the time of acceptance and during the term of this Lease,
including all extensions thereof, comply with asbestos regulatory requirements.
All facilities are required to have a current asbestos building survey or an asbestos free certification
(in accordance with federal, state or local regulations, and including sampling of all materials that
have the potential to contain asbestos) conducted by a qualified inspector, including a visual
examination and sampling of building materials. All asbestos identification survey reports must be
sent to the RECO and FAA facility management.
The RECO must notify the contractor in writing of any failure to comply with asbestos requirements,
within five (5) days after the discovery thereof. If Asbestos Containing Materials (ACMs) are found
to be in the leased space, either prior to acceptance or during the course of the lease agreement, the
Government reserves the right to require the contractor, at no cost to the Government, to take
corrective action as required by OSHA, EPA, state and local requirements. In accordance with these
regulations, the contractor must post asbestos warning labels and signs in accordance with OSHA
regulations.
In addition, all construction by the contractor is required to comply with OSHA, EPA, state and local
requirements for asbestos. Prior to the start of any construction, renovation or maintenance activities
that impact the building, the contractor must determine whether ACM will or could be released as
part of the work. If ACM will or could be released, the contractor must notify the FAA and take
corrective actions to prevent FAA employees from exposure to asbestos fibers. Corrective actions
must be coordinated with the FAA at least 30 days prior to the start of any construction, renovation
or maintenance activities that impact the building.
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After ACM remediation is performed, the contractor must adhere to regulatory required post-
asbestos abatement air monitoring requirements. As a part of this process, the contractor must
provide the RECO and the FAA facility manager with an asbestos re-inspection report indicating the
location and condition of all remaining ACM in the FAA leased areas and common areas of the
facility. If the contractor supplies the janitorial or maintenance contracts, those employees must also
be informed of the presence and location of asbestos at the facility.
“Corrective Action“, as used in this clause, means the removal, encapsulation or enclosure of ACM.
All corrective actions must be conducted by licensed asbestos abatement contractors in accordance
with OSHA, EPA, state, local and FAA requirements.
73. Warranty of Space (09/2021) 6.8.13 The contractor warrants that all space leased to the
Government under this contract complies with federal, state, and local regulations. The space is not
limited to that set forth in this contract, but also includes space above suspended ceilings in the
leased space, air plenums elsewhere in the building that service the leased space, engineering spaces
in the same ventilation zone as the leased space, public spaces in the same ventilation zone as the
leased space, and public spaces and common use spaces (e.g., lobbies, hallways).
74. Electrical Safety (09/2021) 6.8.14 The contractor must ensure electrical safety requirements are
met, including grounding, bonding, shielding, control of electrostatic discharge (ESD), and lightning
protection requirements, in accordance with:
A. 29 CFR 1910, Subpart S, Electrical
B. FAA Standard HF-STD-001, Human Factors Design Standard, Chapter 12.4, Electrical Hazards
C. DOT Specification FAA-G-2100H, Electronic Equipment, General Requirements
D. National Fire Protection Association (NFPA) 70, National Electrical Code
E. NFPA 70E, Electrical Safety in the Workplace
F. American National Standards Institute/Institute of Electrical and Electronics Engineers
(ANSI/IEEE) Standard 1100-2005, Recommended Practice for Powering and Grounding Electrical
Equipment
G. DOT Standard FAA-STD-019F, Lightning and Surge Protection, Grounding, Bonding and
Shielding Requirements for Facilities and Equipment
The contractor must ensure that electrical equipment and infrastructure meets minimum clear
working space requirements in accordance with 29 CFR 1910.303 and NFPA 70 Article 110.26, and
is maintained and documented in accordance with NFPA 70E. Any change in the electrical
equipment requires review of the current arc flash warning labels to determine if the arc flash
warning labels posted meet the current safety requirements.
75. Facility Security (09/2021) 6.9.1 Security requirements for Government occupied space must meet
minimum-security accreditation standards for the type of facility covered by this Lease. The FAA
Facility Security Management Program defines facility security accreditation standard levels. The
security requirements identified below are tailored specifically for the type of facility covered by this
Lease. The Lessor shall provide or make accommodation to provide for all the security requirements
listed herein for the leased premises covered by this Lease agreement:
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None
The local Servicing Security Element (SSE) will determine any additional security upgrades that are
required to meet accreditation and shall conduct a final security assessment of the building. If that
assessment indicates that additional upgrades are required to the Premises, those upgrades shall be
contracted and paid for under separate contract at the Government’s expense and subject to the
availability of funds. The Lessor shall provide maintenance services to the security upgrades
installed by the Lessor within the leased premises and covered under this Lease.
76. Foreign Nationals as Contractor Employees (04/2022) 6.9.2
a) Definition. “Foreign National” is any citizen or national of a country other than the United States
who has not immigrated to the United States and is not a Legal Permanent Resident (LPR) of the
United States.
b) Each contractor or subcontractor employee under this contract, having access to FAA facilities,
sensitive information, or resources must be a citizen of the United States, or a foreign national who
has been lawfully admitted for permanent residence as evidenced by a Permanent Resident CardI-
551, or who presents other evidence from the U.S. Citizenship and Immigration Service that
employment must not affect his/her immigration status.
c) Foreign Nationals proposed under this contract must meet the following conditions in accordance
with FAA Order 1600.1F, chapter 8, paragraph 10:
(1) Must have resided within the United States for a minimum of the last three (3) years unless a
waiver of this requirement is requested and approved in accordance with the requirements stated in
FAA Order 1600.1F, chapter 8, paragraph 10;
(2) A risk or sensitivity level designation can be made for the position; and
(3) The appropriate security-related background investigation can be adequately conducted, as
determined by the Office of Security and Hazardous Materials (ASH) Office of Personnel Security
(AXP).
d) Foreign Nationals proposed under this contract must meet the following additional conditions:
(1) Provide a current unexpired passport and their place of birth in order to begin the background
investigation process in accordance with FAA Order 1600.1F, Personnel Security Program; and,
(2) Successfully pass an export control review as outlined in FAA Order 1240.13 FAA Export
Control Compliance.
e) Interim suitability requirements may not be applied unless the position is low/moderate in risk,
and/or temporary, and/or is not in a critical area position.
77. Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services
or Equipment (04/2022) 6.9.5
(a) Definitions. As used in this clause--
Backhaul means intermediate links between the core network, or backbone network, and the small
subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone
network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable,
Ethernet).
Covered foreign country means The People's Republic of China.
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Covered telecommunications equipment or services means—
(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE
Corporation (or any subsidiary or affiliate of such entities);
(2) For the purpose of public safety, security of Government facilities, physical security surveillance
of critical infrastructure, and other national security purposes, video surveillance and
telecommunications equipment produced by Hytera Communications Corporation, Hangzhou
Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or
affiliate of such entities);
(3) Telecommunications or video surveillance services provided by such entities or using such
equipment; or
(4) Telecommunications or video surveillance equipment or services produced or provided by an
entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the
Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or
controlled by, or otherwise connected to, the government of a covered foreign country.
Critical technology means—
(1) Defense articles or defense services included on the United States Munitions List set forth in the
International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of
Federal Regulations;
(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the
Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal
Regulations, and controlled—
(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and
biological weapons proliferation, nuclear nonproliferation, or missile technology; or
(ii) For reasons relating to regional stability or surreptitious listening.
(3) Specially designed and prepared nuclear equipment, parts and components, materials, software,
and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to
foreign atomic energy activities);
(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal
Regulations (relating to export and import of nuclear equipment and material);
(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of
title 9 of such Code, or part 73 of title 42 of such Code; or
(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export
Control Reform Act of 2018 (50 U.S.C. 4817).
Interconnection arrangements means arrangements governing the physical connection of two or
more networks to allow the use of another's network to hand off traffic where it is ultimately
delivered (e.g., connection of a customer of telephone provider A to a customer of telephone
company B) or sharing data and other information resources.
Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession
about the identity of the producer or provider of covered telecommunications equipment or services
used by the entity that excludes the need to include an internal or third-party audit.
Roaming means cellular communications services (e.g., voice, video, data) received from a visited
network when unable to connect to the facilities of the home network either because signal coverage
is too weak or because traffic is too high.
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Substantial or essential component means any component necessary for the proper function or
performance of a piece of equipment, system, or service.
(b) Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year
2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13,
2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any
equipment, system, or service that uses covered telecommunications equipment or services as a
substantial or essential component of any system, or as critical technology as part of any system. The
Contractor is prohibited from providing to the Government any equipment, system, or service that
uses covered telecommunications equipment or services as a substantial or essential component of
any system, or as critical technology as part of any system, unless an exception at paragraph (c) of
this clause applies or the covered telecommunication equipment or services are covered by a waiver
described in AMS T3.6.4 A.17.e.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year
2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020 from
entering into a contract, or extending or renewing a contract, with an entity that uses any equipment,
system, or service that uses covered telecommunications equipment or services as a substantial or
essential component of any system, or as critical technology as part of any system, unless an
exception at paragraph (c) of this clause applies or the covered telecommunication equipment or
services are covered by a waiver described in AMS T3.6.4A.17.e. This prohibition applies to an
entity that uses covered telecommunications equipment or services, including use not in support of
the Government.
(c) Exceptions. This clause does not prohibit contractors from providing—
(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or
interconnection arrangements; or
(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility
into any user data or packets that such equipment transmits or otherwise handles.
(d) Reporting requirement.
(1) In the event the Contractor identifies covered telecommunications equipment or services used as
a substantial or essential component of any system, or as critical technology as part of any system,
during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by
any other source, the Contractor must report the information in paragraph (d)(2) of this clause to the
Contracting Officer, unless elsewhere in this contract are established procedures for reporting the
information. For indefinite delivery contracts, the Contractor must report to the Contracting Officer
for the indefinite delivery contract and the Contracting Officer(s) for any affected order.
(2) The Contractor must report the following information pursuant to paragraph (d)(1) of this clause:
(i) Within one business day from the date of such identification or notification: The contract number;
the order number(s), if applicable; supplier name; supplier unique entity identifier (if known);
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supplier Commercial and Government Entity (CAGE) code (if known); brand; model number
(original equipment manufacturer number, manufacturer part number, or wholesaler number); item
description; and any readily available information about mitigation actions undertaken or
recommended.
(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any
further available information about mitigation actions undertaken or recommended. In addition, the
Contractor must describe the efforts it undertook to prevent use or submission of covered
telecommunications equipment or services, and any additional efforts that will be incorporated to
prevent future use or submission of covered telecommunications equipment or services.
(e) Subcontracts. The Contractor must insert the substance of this clause, including this paragraph
(e), in all subcontracts and other contractual instruments, including subcontracts for the acquisition
of commercial items.
78. Covered Telecommunications Equipment or Services- Representations (09/2021) 6.9.5-1
a) Definitions. As used in this provision, “covered telecommunications equipment or services” has
the meaning per the "Prohibition on Contracting for Certain Telecommunications and Video
Surveillance Services or Equipment” clause in this contract.
(b) Procedures. The offeror must review the list of excluded parties in the System for Award
Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for
covered telecommunications equipment or services.
(c) Representations.
1. The offeror represents that it _________ does, _________ does not provide covered
telecommunications equipment or services as part of its offered products or services to the
Government in the performance of any contract, subcontract, or other contractual instrument.
2. After conducting a reasonable inquiry for purposes of this representation, the offeror represents
that it _____________ does, ______________ does not use covered telecommunications equipment
or services, or any equipment, system, or service that uses telecommunications equipment or
services.
79. Representation Regarding Certain Telecommunications and Video Surveillance Services or
Equipment (09/2021) 6.9.5-2
NOTE: The offeror must not complete the representation at paragraph (d)(1) in this provision if the
offeror has represented that it does not provide covered telecommunications equipment or services
as part of its offered products or services to the Government in the performance of any contract,
subcontract, or other contractual instrument in the provision "Covered Telecommunications
Equipment or Services – Representation" (c)(1). Additionally, The offeror must not complete the
representation at paragraph (d)(2) in this provision if the offeror has represented that it does not use
covered telecommunications equipment or services, or any equipment, system, or service that uses
telecommunications equipment or services in the provision "Covered Telecommunications
Equipment or Services – Representation" (c)(2).
PROVISION/CLAUSE:
(a) Definitions. As used in this provision--
Backhaul, covered telecommunications equipment or services, critical technology, interconnection
arrangements, reasonable inquiry, roaming, and substantial or essential component have the
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meanings provided in the clause AMS clause 6.9.5, Prohibition on Contracting for Certain
Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibitions.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year
2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from
procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment,
system, or service that uses covered telecommunications equipment or services as a substantial or
essential component of any system, or as critical technology as part of any system.
Nothing in this prohibition will be construed to—
(i) Prohibit the head of the agency from procuring with an entity to provide a service that connects to
the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot
permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year
2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020 from
entering into a contract or renewing a contract with an entity that uses any equipment, system, or
service that uses covered telecommunications equipment or services as a substantial or essential part
of any system or as critical technology as part of any system. This prohibition applies to any entity
that uses covered telecommunications equipment or services, including uses not in support of the
Government.
Nothing in this prohibition will be construed to-
(i) Prohibit the head of the agency from procuring with an entity to provide a service that connects to
the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot
permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Procedures: The offeror must review the list of excluded parties in the System for Award
Management (SAM) (https://www.sam.gov) for entities excluded from Federal awards for covered
telecommunications equipment or services.
(d) Representations.
(1) The Offeror represents that it [ ] will, [ ] will not provide covered telecommunications equipment
or services to the Government in the performance of any contract, subcontract or other contractual
instrument resulting from this solicitation.
(2) After conducting a reasonable inquiry for purposes of this representation, the Offeror represents
that it does [ ] does not [ ] USE covered telecommunications equipment or services, or use any
equipment, system, or service that uses covered telecommunications equipment or services. The
Offeror must provide the additional disclosure information required at paragraph (e) if the Offeror
indicates “does”.
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(e) Disclosures. Disclosure for the representation in paragraph (d) (1) of this provision-
If the Offeror has responded “will” in the representation in paragraph (d) (1) of this provision, the
Offeror must provide the following information as part of the offer—
(1) For covered equipment
(i) The entity that produced the covered telecommunications equipment (include entity name, unique
entity identifier, CAGE code, and whether the entity was the original equipment manufacturer
(OEM) or a distributor, if known;
(ii) A description of all covered telecommunications equipment offered (include brand; model
number, such as OEM number, manufacturer part number, or wholesaler number; and item
description, as applicable); and
(iii) Explanation of the proposed use of covered telecommunications equipment and any factors
relevant to determining if such use would be permissible under the prohibition in paragraph (b) (1)
of this provision;
(2) For covered services-
(i) If the service is related to item maintenance, a description of all covered telecommunications
services offered (include on the item being maintained: brand, model number, such as OEM number,
manufacturer part number, or wholesaler number; and item description, as applicable; or
(ii) If not associated with maintenance, the Product Service Code (PSC) of the service being
provided; and explanation of the proposed uses of covered telecommunications services and any
factors relevant to determining if such use would be permissible under the prohibition in paragraph
(b)(1) of this provision.
Disclosure for representation in paragraph (d) (2) of this provision. If the Offeror has responded
“does” to paragraph (d)(2) of this provision, the offeror must provide the following information as
part of the offer—
(3) For covered equipment
(i)The entity that produced the covered telecommunications equipment (include entity name, unique
entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known;
(ii) A description of all covered telecommunications equipment offered (include brand; model
number, such as original equipment manufacturer (OEM) number, manufacturer part number, or
wholesaler number; and item description, as applicable); and
(iii) Explanation of the proposed use of covered telecommunications equipment and services and any
factors relevant to determining if such use would be permissible under the prohibition in paragraph
(b) (2) of this provision.
(4) For covered services-
(i) If the service is related to item maintenance, a description of all covered telecommunications
services offered (include on the item being maintained: brand, model number, such as OEM number,
manufacturer part number, or wholesaler number; and item description, as applicable); or
(ii) If not associated with maintenance, the Product Service Code (PSC) of the service being
provided; and explanation of the proposed uses of covered telecommunications services and any
factors relevant to determining if such use would be permissible under the prohibition in paragraph
(b)(2) of this provision.
80. Notices (09/2021) 6.10.1 All notices/correspondence must be in writing, reference the Contract
number, and be addressed as follows:
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TO THE CONTRACTOR:
<Insert Contractor’s Name>
<Insert correspondence address>
<Insert City, State, Zip code>
TO THE GOVERNMENT:
<Real Estate Contracting Division>, <routing symbol>
<insert address>
<Insert City, State, Zip code>
81. Signature Block (09/2021) 6.10.3
This Contract shall become binding when it is fully executed by both parties. In witness whereof,
the parties hereto have subscribed their names as of the date shown below.
<ENTER CONTRACTOR’S LEGAL NAME>
By: _________________________
Print Name: _________________________
Title: ____________________
Date: _________________________
UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
By: _________________________
Print Name: _________________________
Title: Real Estate Contracting Officer
Date: _________________________
ATTACHMENTS/EXHIBITS:
Number Title Date Number
of Pages
1
2
3
4
5
Kenai City Council - Regular Meeting Page 1 of 3
October 19, 2022
Kenai City Council - Regular Meeting
October 19, 2022 ꟷ 6:00 PM
Kenai City Council Chambers
210 Fidalgo Avenue, Kenai, Alaska
**Telephonic/Virtual Information on Page 3**
www.kenai.city
Action Agenda
A. CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. RESULTS OF 10/4/2022 ELECTION CERTIFIED. Certification of the October 4, 2022
Election Results
a. Swearing in of Elected Officials. (The term of office for those elected during the October
4, 2022 Regular Election begins on Monday, October 24, 2022.)
4. Agenda Approval
5. Consent Agenda (Public comments 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 comments limited to ten (10) minutes per speaker)
C. UNSCHEDULED PUBLIC COMMENTS (Public comments limited to three (3) minutes per speaker;
thirty (30) minutes aggregated)
D. PUBLIC HEARINGS
1. ENACTED WITHOUT OBJECTION. Ordinance No. 3318-2022 – Renaming and Amending
Kenai Municipal Code Chapter 7.30 Land Sale Permanent Funds to Establish the Kenai Senior
Center Cone Memorial Trust and Directing All Proceeds Received as a Residual Beneficiary
from the Tamara Diane Cone Testamentary Trust to be Deposited into such Fund.
(Administration)
2. ENACTED WITHOUT OBJECTION. Ordinance No. 3319-2022 - Increasing Estimated
Revenues and Appropriations in the Kenai Bluff Erosion Capital Project Fund for Construction
of the Kenai Bluff Stabilization Project. (Administration)
3. ADOPTED WITHOUT OBJECTION. Resolution No. 2022-73 - Authorizing a Construction
Contract Award for the Kenai Fire Department (KFD) Flooring Replacement Project.
(Administration)
E. MINUTES
1. *Regular Meeting of October 5, 2022. (City Clerk)
Kenai City Council - Regular Meeting Page 2 of 3
October 19, 2022
F. UNFINISHED BUSINESS
1. POSTPONED INDEFINITELY. Resolution No. 2022-64 - Approving the Renewal of a Lease
Utilizing a Non-Standard Lease Form on Airport Reserve Lands Between the City of Kenai and
the Federal Aviation Administration for the Automated Flight Service Station and Satellite
Communication Network Facilities on Lot 7A-1 FBO Subdivision No. 5. (Administration) [Clerk's
Note: At the October 5, 2022 City Council Meeting, this Resolution was Postponed to this
Meeting; a Motion to Adopt is on the Floor.]
G. NEW BUSINESS
1. *Action/Approval - Bills to be Ratified. (Administration)
2. *Ordinance No. 3320-2022 - Accepting and Appropriating a Donation from Hilcorp Energy
Company to Assist with the Annual Area-Wide Senior Thanksgiving Dinner. (Administration)
3. 12/7/2022 CITY COUNCIL MEETING CANCELLED. Discussion - Cancelling the December
7, 2022 City Council Meeting to Allow for Council Member Travel to Alaska Municipal League
Conference. (Knackstedt)
4. Discussion – Supervisory Subcommittee Report on City Manager Recruitment. (Gabriel)
5. JOINT WORK SESSION WITH KENAITZE INDIAN TRIBE SCHEDULED FOR 11/2/2022.
Discussion – Scheduling a Work Session with the Kenaitze Indian Tribe. (Administration)
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 COMMENTS
1. Citizens Comments (Public comments limited to five (5) minutes per speaker)
2. Council Comments
L. EXECUTIVE SESSION
M. PENDING ITEMS
N. ADJOURNMENT
Kenai City Council - Regular Meeting Page 3 of 3
October 19, 2022
O. INFORMATION ITEMS
1. Purchase Orders Between $2,500 and $15,000.
2. Kenaitze Indian Tribe Donation Letter
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 OR
https://us02web.zoom.us/j/81157086559 Dial In: (253) 215-8782 or (301) 715-8592
Meeting ID: 811 5708 6559 Passcode: 683100 Meeting ID: 811 5708 6559 Passcode: 683100