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2023-01-05 Regular MeetingKodiak Island Borough Assembly Regular Meeting Agenda Assembly Chambers Thursday, January 5, 2023, 6:30 p.m. This meeting is open to the public and will be broadcast on KMXT 100.1 FM and on the Borough's YouTube Channel. Meeting packets are available onlin e. Please subscribe to get meeting notifications when meeting packets are published. Page 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. STATEMENT OF LAND ACKNOWLEDGEMENT We are gathered on the traditional homeland of the Sugpiaq/Alutiiq people and we acknowledge the 10 tribes of the Kodiak Alutiiq Region. We recognize the Alutiiq culture that enriches our community to this day. 4. ROLL CALL 5. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed marked with an asterisk (*) are considered to be routine and non-controversial items by the Assembly and will be approved by one motion. 6. *APPROVAL OF MINUTES A. Regular Meeting of December 1, 2022, and Special Meeting of December 15, 2022 Meeting Minutes 5 - 14 7. CITIZENS' COMMENTS 1-907-486-3231 or Toll Free 1-855-492-9202 This section is for general comments and for agenda items NOT scheduled for public hearing. 8. AWARDS AND PRESENTATIONS A. Government Finance Officers Association (GFOA) Distinguished Budget Presentation Award Agenda Item Report - Pdf 15 - 17 B. Certificate Of Recognition For Budget Preparation Agenda Item Report - Pdf 18 - 19 Page 0 of 136 9. COMMITTEE REPORTS 10. PUBLIC HEARING A. Ordinance No. FY2023-12 Amending Kodiak Island Borough Title 15 Buildings And Construction, Chapter 40 Building And Lot Numbering, Section 15.40.080 Procedure For Addressing Newly Created Lots Agenda Item Report - Pdf 20 - 23 11. BOROUGH MANAGER’S REPORT 12. MESSAGES FROM THE BOROUGH MAYOR 13. CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS 14. CONSIDERATION OF CALENDAR - NEW BUSINESS 14.A. CONTRACTS 1. Contract No. FY2020-08B Amending Contract No. FY2020-08 By Adjusting The Fee To The Lobbying Services Agreement With Hickey & Associates Agenda Item Report - Pdf 24 - 26 2. Contract No. FY2023-17 Approval Of Two-Year Contract With RTS Auto For Auto Repairs And Tire Services Agenda Item Report - Pdf 27 - 78 14.B. RESOLUTIONS 1. Resolution No. FY2023-18 Adopting An Alternative Allocation Method For The FY23 Shared Fisheries Business Tax Program And Certifying That This Allocation Method Fairly Represents The Distribution Of Significant Effects Of Fisheries Business Activity In FMA 13: Kodiak Area Agenda Item Report - Pdf 79 14.C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2023-02B Of The Assembly Of The Kodiak Island Borough Amending Ordinance No. FY2023- 02, Fiscal Year 2023 Budget, By Amending Budgets And Appropriations To Account For The Additional School Bond Debt Reimbursement Payments Received From The State Of Alaska Agenda Item Report - Pdf 80 - 116 Page 1 of 136 2. Ordinance No. FY2023-13 Amending Kodiak Island Borough Title 17 Zoning, Chapter 180 Signs, Section 17.180.010 Signs, Description and Intent to Require Zoning Compliance Permits for Certain Signs. Agenda Item Report - Pdf 117 - 124 14.D. OTHER ITEMS 1. Declaring A Seat Vacant On The Womens Bay Service Area Board (Mr. Jacob Castonguay) Resignation of Jacob Castonguay - Pdf 125 - 127 15. CITIZENS' COMMENTS. 1-907-486-3231 or Toll Free 1-855-492-9202. (Limited To Three Minutes Per Speaker) 16. ASSEMBLY MEMBERS’ COMMENTS 17. EXECUTIVE SESSION A. Assembly To Discuss The Next Steps To Take On The Manager Hire Which May Include Discussion Of The Borough Manager Applicants 18. ADJOURNMENT 19. INFORMATIONAL MATERIALS 19.A. MINUTES OF OTHER MEETINGS 1. Solid Waste Advisory Board Minutes Solid Waste Advisory Board Minutes 128 - 130 2. Womens Bay Service Area Board Minutes WBSAB 2022-11-1 Minutes 131 - 134 19.B. REPORTS 1. Cook Inlet Regional Citizens Advisory Council - Director Arndt's Report Director Report - Arndt 135 - 136 ________________________________________________________________________ Page 2 of 136 This meeting is open to the public and will be broadcast on KMXT 100.1 FM and on the Borough's YouTube Channel. Meeting packets are available online. Please subscribe to get meeting notifications when meeting packets are published. For public comments, please call (907) 486-3231 or (855) 492-9202. Page 3 of 136 Kodiak Island Borough December 1, 2022 Assembly Regular Meeting Minutes Page 1 of 8 KODIAK ISLAND BOROUGH Assembly Regular Meeting December 1, 2022 A regular meeting of the Kodiak Island Borough Assembly was held on December 1, 2022, in the Borough Assembly Chambers. The meeting was called to order at 6:30 p.m. Staff present were Administrative Official Jena Hassinger, Borough Clerk Nova Javier, and Deputy Clerk Lina Cruz. 1. INVOCATION The invocation was given by Major David Davis of the Salvation Army. 2. PLEDGE OF ALLEGIANCE Mayor Williams led the Pledge of Allegiance. 3. STATEMENT OF LAND ACKNOWLEDGEMENT We are gathered on the traditional homeland of the Sugpiaq/Alutiiq people and we acknowledge the 10 tribes of the Kodiak Alutiiq Region. We recognize the Alutiiq culture that enriches our community to this day. 4. ROLL CALL Present were Mayor Williams, Assembly members Larry Ledoux, Jared Griffin, Geoffrey Smith, Scott Smiley, and James Turner. Smiley moved to excuse Assembly member Scott Arndt who is absent due to his attendance to the Cook Inlet Regional Citizens Advisory Council board of directors meeting. ROLL CALL VOTE ON MOTION CARRIED FOUR TO ONE: Griffin, Ledoux, Smiley, and Smith (AYES); Turner (NO). 5. APPROVAL OF AGENDA AND CONSENT AGENDA Smiley moved to approve the agenda and the consent agenda. Smiley moved to amend the agenda by adding Resolution No. FY2023-19 under Resolutions as item number two on the agenda. ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY: Griffin, Ledoux, Smiley, Smith, And Turner. VOICE VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY. 6. *APPROVAL OF MINUTES 1. Regular Meeting Minutes of November 17, 2022 (These minutes were approved under consent agenda.) AGENDA ITEM #6.A. Regular Meeting of December 1, 2022, and Special Meeting of December 15,...Page 5 of 135 Kodiak Island Borough December 1, 2022 Assembly Regular Meeting Minutes Page 2 of 8 7. CITIZENS' COMMENTS The following spoke under citizen’s comments: • Duncan Fields • Cort Neff • Karl Hertz 8. AWARDS AND PRESENTATIONS – None. 9. COMMITTEE REPORTS – None. 10. PUBLIC HEARING – None. 11. BOROUGH MANAGER’S REPORT Interim Borough Manager Dave Conrad reported on the following: • Holiday Landfill Hours – The Landfill will be closed December 26 and January 2 to the public. Alaska Waste will be operating on their normal schedule through both upcoming holidays. • Joint Use Agreement Meeting – The City of Kodiak, Kodiak Island Borough School District, and Borough Staff met on Thursday December 1 to discuss the renewal of the Joint Use Agreement for the City and Borough Facilities as they relate to the community demands for developmental and recreational opportunities on the road system. The largest discussion topic relates to the pool facility, the required repairs, and maintenance to the facility to ensure a prolonged lifespan. There are currently potential structural and mechanical needs due to multiple factors. All parties present agreed that there needs to be a thorough evaluation by an independent engineering or pool specific company to provide an evaluation and potentially assist in the preparation of a request for proposal to recondition and repair the pool structure. Borough staff has begun contacting firms through our contracted architectural contract as well as an independent engineering contract. • Manager’s Department – Staff has participated in a meeting with the staff of the Alaska Department of Transportation and Public Facilities (DOT&PF) regarding the Community Transportation Program (CTP)/Transportation Award Program (TAP). Staff will be preparing a preliminary scope of work for review by the DOT staff for possible inclusion in a formal grant application request. Staff has scheduled a meeting with the US Fish and Wildlife Service Habitat Restoration Program personnel the discuss stream rehabilitation funding opportunities for next year on December 5, 2022. The KIB staff have been notified and will prepare an application for the Alaska Department of Fish and Game Hunter Access Program. This program can fund projects that develop or enhance public access to public lands and wildlife resources for hunters, trappers, and other wildlife resources. The application is due by March 1, 2023. The Request for Proposal Package is currently advertised and bid registration is being accepted for the Long-Term Lease of the KIB property at 717 Rezanof (Old Mental Health Buildings). • Engineering and Facilities – The Architectural Review Board met and reviewed the 35% City of Kodiak Firehouse Plan set and specifications. Multiple AGENDA ITEM #6.A. Regular Meeting of December 1, 2022, and Special Meeting of December 15,...Page 6 of 135 Kodiak Island Borough December 1, 2022 Assembly Regular Meeting Minutes Page 3 of 8 suggestions and questions were prepared or generated by the members attending. The city plans to bid the contact within the next several weeks. The City Manager has requested that the ARB perform an additional review when the 65% drawing set has been prepared. This is anticipated in March 2023. The Auto Maintenance and Repair Contract bid opening was held on Wednesday, November 30. No bids were received in a timely manner. This contract will be readvertised for the third time. The Manager’s staff will plan to travel to Larsen Bay to inspect and provide a repair list for items that were identified and not repaired prior to the signatures being finalized on the facility transfer to the Larsen Bay Tribal Council. • KFRC Carpet Replacement – This project is to be started on December 9, 2022. The carpet and supplies have arrived and are in the facility. Staff will evaluate if a public closure is required for December 15 and 16 due to restricted access to facilities. • KFRC Fume Hood Upgrade – This project has started and is anticipated to be completed by the end of December. The project is required to ensure that the fume hoods provide the proper OSHA required cubic feet per minute flow. • Landfill Rock Project – Brechan Construction continues to crush rock for use as cover material and road construction. This work effort will continue until the weather requires stoppage or all the blasted rock has been processed. • Leachate Treatment Plant – Anticipate the delivery of the metal building addition next week to Kodiak. If required submittals are reviewed and approved, David Contractors will be on site the week of December 12 to begin the erection of the steel building addition. • Bayside Classroom Addition – A meeting has been scheduled for preliminary discussions with the fire board, architect, and E/F Staff on December 6. • OSHA Voluntary Compliance Visit – Awaiting information regarding a planned site visit by OSHA Voluntary Compliance before Christmas. The focus will be the Baler Facility and the Leachate Treatment Facility. • List of Pending Items for Discussion – Disposition of Closed School Facilities – Allowable Scope for Current Staff Continued update of the Personnel Manual – ARPA Funding Reporting is continuing Grant Application and Local Match Funding – Approval for application prior to expending staff time. Leases – City of Kodiak Borough Building Lease, Teen Court, Red Cross, Fairground s, KISA, Chiniak Library, Long Term Care Major Maintenance Funding for Facilities Disposition of Mental Health Buildings – RFP has been advertised Solid Waste Collection Contract Modifications Service Area Annual Contracts Additional Methods to Reward Employees in Personnel Manual. Vehicle Replacement Funding opportunities for road repairs and improvements 12. MESSAGES FROM THE BOROUGH MAYOR Mayor Williams reported that she met with Kodiak Island Borough School District Superintendent and they discussed the swimming pool, housing, work force development, and auditorium. AGENDA ITEM #6.A. Regular Meeting of December 1, 2022, and Special Meeting of December 15,...Page 7 of 135 Kodiak Island Borough December 1, 2022 Assembly Regular Meeting Minutes Page 4 of 8 13. CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS 1. Resolution No. FY2023-15 Adopting A State Legislative Capital Improvement Projects Priority List For The 2023 Legislative Session Clerk’s Note: The motion to adopt Resolution No. FY2023-15 is already on the table. This is the annual priority list submitted to the Alaska State Governor and Legislature for consideration of capital funding to the KIB. The Planning and Zoning Commission has recently approved its annual update of the Capital Improvement Program (CIP). Upon review of the Planning and Zoning Commission's CIP list and last year's Capital Improvement Priority List submitted to the State Legislature, and additional project considerations brought forth to the Manager's office, the Assembly discussed and decided upon priorities for this year's list to submit to the Governor and State Legislators for possible funding from the State of Alaska. Smiley moved to amend Resolution No. FY2023-15 by substitution with version 2. Turner moved to further amend Resolution No. FY2023-15 version 2 to delete the numerical order line, bullets, and decimals. ROLL CALL VOTE ON THE SECOND AMENDMENT CARRIED UNANIMOUSLY: Smiley, Smith, Turner, Griffin, and Ledoux. ROLL CALL VOTE ON THE FIRST AMENDMENT CARRIED FOUR TO ONE: Ledoux, Smiley, Smith, Griffin (AYES); Turner (NO). Smith moved to amend Resolution No. FY2023-15 version 2 by adding the word “unranked” to section 1 on line 30. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Smith, Turner, Griffin, Ledoux, and Smiley. ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY: Turner, Griffin, Ledoux, Smiley, and Smith. 14. CONSIDERATION OF CALENDAR - NEW BUSINESS 14.A. CONTRACTS – None. 14.B. RESOLUTIONS 1. Resolution No. FY2023-17 Authorizing The Manager To Apply For And Accept The Local Assistance And Tribal Consistency Fund (LATCF) Grant, A Part Of The American Rescue Plan Act (ARPA), For The Benefit Of The Residents Of AGENDA ITEM #6.A. Regular Meeting of December 1, 2022, and Special Meeting of December 15,...Page 8 of 135 Kodiak Island Borough December 1, 2022 Assembly Regular Meeting Minutes Page 5 of 8 The Kodiak Island Borough And To Deposit The Funds In The General Fund For Future Appropriation Smiley moved to adopt Resolution No. FY2023-17. Section 605(b) of the Social Security Act, as added by Section 9901 of the American Rescue Plan Act (ARPA) established the Local Assistance and Tribal Consistency Fund (LATCF). This fund provides a total of $2 billion for Treasury to make payments to eligible revenue sharing counties and eligible Tribal governments. Of those $2 billion, eligible counties are allotted $1.5 billion to be paid out over two years and Tribal governments are allotted $500 million to be paid out over two years. The Borough is eligible to receive $4,787,173 of the Local Assistance and Tribal Consistency Fund (LATCF) which will be paid in two equal, annual tranches of $2,393,586. The deadline to apply for the funding is January 31, 2023. The purpose of the LATCF program is to serve as a general revenue enhancement program and is designed, in part, to supplement existing federal programs that augment and stabilize revenues for these communities. The payment formula is based on federal acreage within each unit of local government, as defined by the Payments in Lieu of Tax (PILT) program and the Refuge Revenue Sharing program under the U.S. Fish and Wildlife Service. Other factors in the formula include population, historic poverty levels, household income, land values and unemployment rates, as well as other economic indicators, over a 20-year period. This program allows a broad use of funds and recipients may use these funds on any governmental purpose other than lobbying activities. A non-exhaustive list of example activities that fulfill a governmental purpose include, but are not limited to: • Provision of health services; • Capital expenditures on core facilities and equipment; • Infrastructure investments; • Long-term economic development; • General government operations; • Meeting another federal program's non-federal match or cost-sharing requirement. Funds are available to recipients until expended or returned to Treasury. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Griffin, Ledoux, Smiley, Smith, and Turner. 2. Resolution No. FY2023-19 A Resolution Of The Assembly Of The Kodiak Island Borough Supporting Alaska Joining The Nurse Licensure Compact (NLC) Urging The Alaska Legislature To Pass Legislation In The 2023-24 Legislative Session Permitting Alaska To Enact The NLC AGENDA ITEM #6.A. Regular Meeting of December 1, 2022, and Special Meeting of December 15,...Page 9 of 135 Kodiak Island Borough December 1, 2022 Assembly Regular Meeting Minutes Page 6 of 8 Smiley moved to adopt Resolution No. FY2023-19. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Ledoux, Smiley, Smith, Turner, and Griffin. 14.C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2023-12 Amending Kodiak Island Borough Title 15 Buildings And Construction, Chapter 40 Building And Lot Numbering, Section 15.40.080 Procedure For Addressing Newly Created Lots Smiley moved to advance Ordinance No. FY2023-12 to public hearing at the next regular meeting of the Assembly on January 5, 2023. KIBC Code 15.40.080 (D) currently calls for lots to be addressed at the time of the preliminary plat. KIBC 15.40.080- Procedure. A. Kodiak Island Borough GIS is responsible for assigning addresses and maintaining address information. B. Addresses will be implemented within 30 days upon receipt of an E911 address application, along with any other required or relevant information. C. E911 address application shall be made available on the borough website and/or in borough offices. D. Addresses for newly created lots will be assigned during the preliminary plat review process. Community Development would like to change this portion of procedure to state that the address would be assigned either after a driveway permit has been issued, a permit for construction has been issued or upon a request from the owner after a plat has been recorded, whichever comes first. Items to consider for this change: 1. If an abbreviated plat was approved or a preliminary plat was filed, and the subdivision was approved through the Planning and Zoning Commission, the owner of the property would have 2 years (24 months) to record a final plat, per KIBC 16.50.010- Final plat procedure. "A. The final plat shall comply with the requirements of this chapter and shall be submitted to the community development department director within 24 months of preliminary plat approval." 2. At the time of preliminary approval by the Planning and Zoning Commission, there can be a multitude of conditions that would need to be addressed before a final plat could be recorded, which could effect the addressing of lots. 3. More times than one would think, plats are left unrecorded after the 24 month period and have to be resubmitted. Typically this is due to changes that were found that needed to occur prior to recoding. This often effects AGENDA ITEM #6.A. Regular Meeting of December 1, 2022, and Special Meeting of December 15,...Page 10 of 135 Kodiak Island Borough December 1, 2022 Assembly Regular Meeting Minutes Page 7 of 8 addressing, causing lots to be addressed multiple times. Many times plats are not submitted for final review/recording. 4. Many owners take advantage of the abbreviated plat option KIB offers. This option has been used many times for the same lot, which caused for the same parcels to be readdressed multiple times in a short time period. All of the above instances cause erroneous address notifications to be sent to multiple agencies, including Police Public Safety Answering Point (PSAP), City of Kodiak Police Department, Alaska State Troopers, City of Kodiak, Women's Bay, and Bayside Fire departments and could affect E911 addressing, which could cause errors in emergency situations. Community Development believes this code change makes more sense for addressing properties, so that properties don't have to be addressed multiple times, correct information is given one time, and this gives clear direction to GIS for addressing (additionally the GIS position in CDD is vacant at this time.) ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Griffin, Ledoux, Smiley, Smith, and Turner. 14.D. OTHER ITEMS 1. Mayoral Appointments Of Assembly Member Representatives To Different Boards And Committees Smiley moved to confirm the mayoral appointments of assembly member representatives to different boards and committees as follows: The mayor appoints Assembly representatives to the different boards and commissions. Please see attached list from Mayor Williams listing her appointments and also the forms filled out by each Assembly member. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Ledoux, Smiley, Smith, Turner, and Griffin. 2. Letter Of Support To The Kodiak Reentry Coalition/Program Smiley moved to approve the letter of support to the Kodiak Reentry Coalition/Program. On November 9, 2022, the Clerk's Office received an email from the Kodiak Reentry Coalition requesting a letter expressing support of the Kodiak Reentry Coalition/Program’s mission to improve the lives of members of the Kodiak community who are released from jail or prison. Based on observation that often, individuals who have been incarcerated return to their communities lacking sufficient resources and support to get back on their feet, obtain suitable housing, and secure meaningful employment. AGENDA ITEM #6.A. Regular Meeting of December 1, 2022, and Special Meeting of December 15,...Page 11 of 135 Kodiak Island Borough December 1, 2022 Assembly Regular Meeting Minutes Page 8 of 8 This letter will be submitted to the Alaska Mental Health Trust Authority in January 2023. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smiley, Smith, Turner, Griffin, and Ledoux. 15. CITIZENS' COMMENTS None. 16. ASSEMBLY MEMBERS’ COMMENTS • Assembly Member Smiley expressed interest in working with Kodiak Area Native Association in developing a Federal Capital Improvements List. • Assembly Member Ledoux complimented the Mayor on her excellent job running Assembly meetings and wished the public Happy Holidays. He also expressed his support in coming up with a plan in developing future Capital Improvement lists and encouraged the public to run for office. • Assembly Member Smith thanked and congratulated Karl Hertz for developing a paid Certified Nursing Assistants program and the number of applicants he has received so far. He also thanked Sharon Blakesley for her 30 years of service to the Borough. • Assembly Member Griffin congratulated newly hired Assistant Clerk, Irene Arellano; gave a shout out to all the Service Area Boards who work with contractors for snow plowing, and thanked all of the organizations and people that came together during the lockdown at North Star Elementary School on November 30. • Assembly Member Turner had no comment. 17. ADJOURNMENT Smiley moved to adjourn the meeting at 7:37 p.m. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. KODIAK ISLAND BOROUGH ATTEST: Aimee Williams, Borough Mayor Nova M. Javier, MMC, Borough Clerk AGENDA ITEM #6.A. Regular Meeting of December 1, 2022, and Special Meeting of December 15,...Page 12 of 135 Kodiak Island Borough December 15, 2022 Assembly Special Meeting Minutes Page 1 of 2 KODIAK ISLAND BOROUGH Assembly Special Meeting December 15, 2022 A special meeting of the Kodiak Island Borough Assembly was held on December 15, 2022, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 6:30 p.m. Staff present were Interim Borough Manager David Conrad, Borough Clerk Nova M. Javier and Assistant Clerk Irene Arellano. ROLL CALL Present were Mayor Aimee Williams, Assembly members Scott Arndt, Joseph Delgado, Jared Griffin, Larry LeDoux, Scott Smiley, and James Turner. Smiley moved to excuse Assembly member Smith who was absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. CITIZENS COMMENTS None. CONSIDERATION OF MATTER(S) IN THE CALL FOR THE SPECIAL MEETING EXECUTIVE SESSION A. Discuss Pending Litigation Case No. 3AN-22-07522 Cl To Which The Borough Is A Party And A Matter The Immediate Public Knowledge Of Which Would Tend To Affect Adversely The Finances of the Borough. Arndt moved that the Assembly recess into executive session under the authority of KIBC 2.30.030(F)(1)(a) for the purpose of discussing pending litigation in case number 3AN-22-07522 CI to which the Borough is a party, and for discussing litigation strategy and providing direction to the Borough’s counsel regarding the handling of the case; and under the authority of KIBS 2.30.030 (F)(1)(b) for the purpose of discussing the Borough’s position in case number 3AN-22-07522 CI, a matter which, if discussed in open session the immediate knowledge of which would clearly have an adverse financial impact on the Borough. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Arndt, Delgado, Griffin, LeDoux, Smiley, and Turner. Smiley moved to invite the Mayor and Assembly and the following persons were asked to participate in the executive session: the Manager, Clerk’s Office Staff, Finance Director, Special Projects Support, and the Borough’s counsel in the matter. (Clerk’s Note: The Finance Director and Special Projects Support staff were not present at the meeting. ) AGENDA ITEM #6.A. Regular Meeting of December 1, 2022, and Special Meeting of December 15,...Page 13 of 135 Kodiak Island Borough December 15, 2022 Assembly Special Meeting Minutes Page 2 of 2 VOICE VOTE ON MOTION CARRIED UNANIMOUSLY Mayor Williams recessed the special meeting and convened into executive session at 6:35 p.m. At 7:22 p.m., Mayor Williams reconvened the special meeting and announced that direction was given to the Manager on how to proceed with the litigation. B. Confirmation Of Assembly Appointment To The Womens Bay Service Area Board (Mr. William “Bill” Roberts). There are currently three vacant seats on the Womens Bay Service Area Board (WBSAB) (one to expire 2023 and two to expire 2024). On December 9, 2022, the Clerk’s Office received an application from Mr. Bill Roberts tor the vacant seats. Mr. Roberts’ application was forwarded to the WBSAB for consideration. On December 14, 2022, the WBSAB emailed the Clerk’s Office with its recommendation of Mr. Roberts for appointment. Smiley moved to confirm the appointment of Mr. William “Bill” Roberts to the Womens Bay Service Area Board for a seat to expire October 2024. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Delgado, Griffin, LeDoux, Smiley, Turner, and Arndt. ADJOURNMENT Smiley moved to adjourn the meeting at 7:24 p.m. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. KODIAK ISLAND BOROUGH ATTEST: ___________________________ Aimee Williams, Mayor _______________________________ Nova M. Javier, MMC, Borough Clerk AGENDA ITEM #6.A. Regular Meeting of December 1, 2022, and Special Meeting of December 15,...Page 14 of 135 KODIAK ISLAND BOROUGH STAFF REPORT JANUARY 5, 2023 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Government Finance Officers Association (GFOA) Distinguished Budget Presentation Award ORIGINATOR: Nova M. Javier, MMC, Borough Clerk RECOMMENDATION: This is to highlight the award received by the Kodiak Island Borough as a recognition for its outstanding budget content and presentation. DISCUSSION: The GFOA's Distinguished Budget Presentation Award represents a significant achievement. It reflects the commitment of the governing body and staff to meeting the highest principles of governmental budgeting. In order to receive the budget award, the entity had to satisfy nationally recognized guidelines for effective budget presentation. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #8.A. Government Finance Officers Association (GFOA) Distinguished Budget Pres...Page 15 of 135 PRESENTED TO Kodiak Island Borough Alaska For the Fiscal Year Beginning July 01, 2022 Executive Director GOVERNMENT FINANCE OFFICERS ASSOCIATION Distinguished Budget Presentation Award AGENDA ITEM #8.A. Government Finance Officers Association (GFOA) Distinguished Budget Pres...Page 16 of 135 FOR IMMEDIATE RELEASE December 12, 2022 For more information, contact: Technical Services Center Phone: (312) 977-9700 Fax: (312) 977-4806 E-mail: budgetawards@gfoa.org (Chicago, Illinois)--Government Finance Officers Association is pleased to announce that Kodiak Island Borough, Alaska, has received GFOA's Distinguished Budget Presentation Award for its budget. The award represents a significant achievement by the entity. It reflects the commitment of the governing body and staff to meeting the highest principles of governmental budgeting. In order to receive the budget award, the entity had to satisfy nationally recognized guidelines for effective budget presentation. These guidelines are designed to assess how well an entity's budget serves as: a policy document a financial plan an operations guide a communications device Budget documents must be rated "proficient" in all four categories, and in the fourteen mandatory criteria within those categories, to receive the award. When a Distinguished Budget Presentation Award is granted to an entity, a Certificate of Recognition for Budget Presentation is also presented to the individual(s) or department designated as being primarily responsible for having achieved the award. This has been presented to Finance Department. There are over 1,700 participants in the Budget Awards Program. The most recent Budget Award recipients, along with their corresponding budget documents, are posted quarterly on GFOA's website. Award recipients have pioneered efforts to improve the quality of budgeting and provide an excellent example for other governments throughout North America. Government Finance Officers Association (GFOA) advances excellence in government finance by providing best practices, professional development, resources and practical research for more than 22,500 members and the communities they serve. AGENDA ITEM #8.A. Government Finance Officers Association (GFOA) Distinguished Budget Pres...Page 17 of 135 KODIAK ISLAND BOROUGH STAFF REPORT JANUARY 5, 2023 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Certificate Of Recognition For Budget Preparation ORIGINATOR: Nova M. Javier, MMC, Borough Clerk RECOMMENDATION: Mayor Williams will present the certificate of recognition to Finance Director Dora Cross. DISCUSSION: In connection to the Distinguished Budget Presentation Award granted to the Kodiak Island Borough, a Certificate of Recognition for Budget Presentation is also presented to the Finance Department who was primarily responsible for having achieved the award. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #8.B. Certificate Of Recognition For Budget Preparation Page 18 of 135 Finance Department Kodiak Island Borough, Alaska December 12, 2022 The Government Finance Officers Association of the United States and Canada The Certificate of Recognition for Budget Preparation is presented by the Government Finance Officers Association to those individuals who have been instrumental in their government unit achieving a Distinguished Budget Presentation Award. The Distinguished Budget Presentation Award, which is the highest award in governmental budgeting, is presented to those government units whose budgets are judged to adhere to program standards presents this CERTIFICATE OF RECOGNITION FOR BUDGET PREPARATIONto Date: Executive Director AGENDA ITEM #8.B. Certificate Of Recognition For Budget Preparation Page 19 of 135 KODIAK ISLAND BOROUGH STAFF REPORT JANUARY 5, 2023 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Ordinance No. FY2023-12 Amending Kodiak Island Borough Title 15 Buildings And Construction, Chapter 40 Building And Lot Numbering, Section 15.40.080 Procedure For Addressing Newly Created Lots ORIGINATOR: Seema Garoutte, Assessor/Interim CDD Director RECOMMENDATION: Move to adopt Ordinance No. FY2023-12. DISCUSSION: KIBC Code 15.40.080 (D) currently calls for lots to be addressed at the time of the preliminary plat. KIBC 15.40.080- Procedure. A. Kodiak Island Borough GIS is responsible for assigning addresses and maintaining address information. B. Addresses will be implemented within 30 days upon receipt of an E911 address application, along with any other required or relevant information. C. E911 address application shall be made available on the borough website and/or in borough offices. D. Addresses for newly created lots will be assigned during the preliminary plat review process. Community Development would like to change this portion of procedure to state that the address would be assigned either after a driveway permit has been issued, a permit for construction has been issued or upon a request from the owner after a plat has been recorded, whichever comes first. Items to consider for this change: 1. If an abbreviated plat was approved or a preliminary plat was filed, and the subdivision was approved through the Planning and Zoning Commission, the owner of the property would have 2 years (24 months) to record a final plat, per KIBC 16.50.010 - Final plat procedure. "A. The final plat shall comply with the requirements of this chapter and shall be submitted to the community development department director within 24 months of preliminary plat approval." 2. At the time of preliminary approval by the Planning and Zoning Commission, there can be a multitude of conditions that would need to be addressed before a final plat could be recorded, which could effect the addressing of lots. 3. More times than one would think, plats are left unrecorded after the 24 month period and have to be resubmitted. Typically this is due to changes that were found that AGENDA ITEM #10.A. Ordinance No. FY2023-12 Amending Kodiak Island Borough Title 15 Building...Page 20 of 135 KODIAK ISLAND BOROUGH STAFF REPORT JANUARY 5, 2023 ASSEMBLY REGULAR MEETING Kodiak Island Borough needed to occur prior to recoding. This often effects addressing, causing lots to be addressed multiple times. Many times plats are not submitted for final review/recording. 4. Many owners take advantage of the abbreviated plat option KIB offers. This option has been used many times for the same lot, which caused for the same parcels to be readdressed multiple times in a short time period. All of the above instances cause erroneous address notifications to be sent to multiple agencies, including Police Public Safety Answering Point (PSAP), City of Kodiak Police Department, Alaska State Troopers, City of Kodiak, Women's Bay, and Bayside Fire departments and could effect E911 addressing, which could cause errors in emergency situations. Community Development believes this code change makes more sense for addressing properties, so that properties don't have to be addressed multiple times, correct information is given one time, and this gives clear direction to GIS for addressing (additionally the GIS position in CDD is vacant at this time.) ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #10.A. Ordinance No. FY2023-12 Amending Kodiak Island Borough Title 15 Building...Page 21 of 135 Ordinance No. FY2023-12 Page 1 of 2 KODIAK ISLAND BOROUGH 1 ORDINANCE NO. FY2023-12 2 3 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING 4 KODIAK ISLAND BOROUGH TITLE 15 BUILDINGS AND CONSTRUCTION, CHAPTER 40 5 BUILDING AND LOT NUMBERING, SECTION 15.40.080 PROCEDURE FOR ADDRESSING 6 NEWLY CREATED LOTS 7 8 WHEREAS, Kodiak Island Borough Code section 15.40.080 prescribes the procedure for 9 assigning addresses to lots; and 10 11 WHEREAS, the current Kodiak Island Borough procedure for assigning addresses calls for 12 assigning addresses at the preliminary plat stage, which may result in assignment of addresses 13 to lots which may be further subdivided or not developed for some time and may create confusion 14 if addresses change upon further subdivision or development; and 15 16 WHEREAS, this Ordinance will amend KIBC 15.40.080 to modify the procedure to have 17 addresses assigned upon the earlier of site development or construction on a lot or the request 18 of the owner. 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 21 BOROUGH that: 22 23 Section 1: this ordinance is of a general and permanent nature and shall become a part of the 24 Code of Ordinances of the Kodiak Island Borough. 25 26 Section 2: Kodiak Island Borough Code section 15.40.080, Procedure, is amended to read as 27 follows: 28 29 15.40.080 Procedure 30 31 A. Kodiak Island Borough GIS is responsible for assigning addresses and 32 maintaining address information. 33 B. Addresses will be implemented within 30 days upon receipt of an E911 34 address application, along with any other required or relevant information. 35 C. E911 address application shall be made available on the borough website 36 and/or in borough offices. 37 38 D. Addresses for newly created lots will be assigned during the preliminary plat 39 review process at the earliest to occur of: issuance of a driveway permit; 40 issuance of a building permit, or other permit for construction on the lot; 41 initiation of construction of structures on the lot; or upon a request by 42 the owner. 43 E. Address notifications will be sent to relevant parties, including, but not limited 44 to: 45 1. Kodiak police public safety answering point (PSAP). 46 AGENDA ITEM #10.A. Ordinance No. FY2023-12 Amending Kodiak Island Borough Title 15 Building...Page 22 of 135 Ordinance No. FY2023-12 Page 2 of 2 2. U.S.P.S. 47 3. Assessing department. 48 4. Community development department. 49 5. City of Kodiak. 50 6. Fire departments. 51 7. Communication companies. 52 8. Kodiak police department. 53 9. Emergency operations center (EOC). 54 10. Property owner 55 56 Effective Date: This ordinance takes effect at midnight upon adoption. 57 58 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 59 THIS _____ DAY OF_________________, 2022 60 61 KODIAK ISLAND BOROUGH 62 63 ATTEST: 64 ___________________________ 65 Aimee Williams, Mayor ______________________________ 66 Nova M. Javier, MMC, Borough Clerk 67 68 Introduced by: Borough Manager 69 First reading: 12/01/2022 70 Second reading/public hearing: 01/05/2022 71 72 VOTES: 73 Ayes: 74 Noes: 75 AGENDA ITEM #10.A. Ordinance No. FY2023-12 Amending Kodiak Island Borough Title 15 Building...Page 23 of 135 KODIAK ISLAND BOROUGH STAFF REPORT JANUARY 5, 2023 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Contract No. FY2020-08B Amending Contract No. FY2020-08 By Adjusting The Fee To The Lobbying Services Agreement With Hickey & Associates ORIGINATOR: Dave Conrad, Interim Borough Manager RECOMMENDATION: Move to approve Contract No. FY2020-08B Amending Contract No. FY2020-08 By Adjusting The Fee To The Lobbying Services Agreement With Hickey & Associates. DISCUSSION: Contract No. FY2020-08 concludes at the end of the 2023 calendar year. In 2022, Mr. Hickey voluntarily offered to reduce his annual cost from $45,000 per contract year to $40,000 understanding the financial burdens being placed on the Kodiak Island Borough due to various funding changes. Other than in 2022, the annual contract fee has been $45,000 since 2015. Mr. Hickey is respectfully requesting consideration to restore the annual payment to $45,000 for the remaining year of the existing contract. Mr. Hickey voluntarily requested and offered to have a rate reduction. This indicates his agility to analyze the financial burdens of his clients and adjust appropriately. Mr. Hickey performs valuable services for the Kodiak Island Borough and has done so consistently for a number of years. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #14.A.1. Contract No. FY2020-08B Amending Contract No. FY2020-08 By Adjusting The...Page 24 of 135 AGREEMENT FOR LOBBYING SERVICES BETWEEN KODIAK ISLAND BOROUGH AND HICKEY & ASSOCIATES Hickey & Associates (hereinafter the "Contractor") agrees to represent the Kodiak Island Borough (hereinafter the "Borough") from January 1, 2020 through December 31, 2023. 2. The firm will represent the Kodiak Island Borough before the Alaska State Legislature and State Administration. Representation will be focused on the various projects and issues the Borough will have before the Legislature and administrative agencies of the State of Alaska. Borough representatives will assist with representation as appropriate on any legislative or agency issues. 3. The firm will report directly to the Borough Manager of the Kodiak Island Borough. Mr. Hickey will travel to Kodiak to meet with the Manager, Mayor and Assembly at least once each year during the term of the contract at a mutually agreeable time. 4. The firm will provide the Borough Manager with regular updates by phone with the progress of the Borough's projects during the term of this contract. A monthly, written status report during session and supplemental written reports during the interim as well as notification of opportunities to testify or provide comments on behalf of the community, as events warrant, is required. When representatives of the Kodiak Island Borough travel to Juneau, a schedule of appointments in advance of the travel date is to be provided. 5. Kodiak Island Borough priorities for this agreement are the following items: A. Representation of all Kodiak Island Borough issues and concerns before legislative bodies and administrative agencies of the State of Alaska. B. The Kodiak Island Borough Capital Improvement Program as adopted by resolution of the Assembly. 6. The fixed fee for the above services in 2022 will be $40,000 per year. $30,000 of the annual fee will be payable on the first of the month during the six months of the session January through June). The remaining $10,000 will be payable for the last two quarters of the year (September 1 and December 1). Extraordinary out-of-pocket expenses defined as direct expenses for borough -directed travel and major entertainment/meal expenses shall be reimbursed over and above the fixed fee and must be approved in advance by the KIB Manager. The Contractor will pay for the annual trips required under paragraph #3 above. Contract No. FY2020-08 ' AGENDA ITEM #14.A.1. Contract No. FY2020-08B Amending Contract No. FY2020-08 By Adjusting The...Page 25 of 135 The parties agree the contract may be terminated by either party with or without cause, by providing the other party with a written notice of 30 (thirty) days. If the Borough terminates this agreement and termination falls between scheduled payment dates, the Contractor shall be compensated on a pro -rated basis. This agreement constitutes the full agreement between the parties. KODIAK ISLAND BOROUGH VIA 0 is. — 1 a-2 Roxanne Murphy, Borough Manager DAVID CONRAD — 4© t >1. 2aZZ Date Dat HICKEY & ASSOCIATES Mark S. Hickey, President 1 /5/22 Date Contract No. FY2020-08 AGENDA ITEM #14.A.1. Contract No. FY2020-08B Amending Contract No. FY2020-08 By Adjusting The...Page 26 of 135 KODIAK ISLAND BOROUGH STAFF REPORT JANUARY 5, 2023 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Contract No. FY2023-17 Approval Of Two-Year Contract With RTS Auto For Auto Repairs And Tire Services ORIGINATOR: Patricia Valerio, E&F Secretary III RECOMMENDATION: Move to authorize the Manager to award Contract No. FY2023-17 with RTS Auto for a two-year term with three additional one-year extension options for auto repairs and tire services. DISCUSSION: The Engineering and Facilities Department (E&F) is tasked with maintaining the vehicles the Borough owns. The previous annual contract ended when the contractor closed its shop approximately the middle of June 2022. When the E&F staff found out about the closure, they prepared a bid and it was published on May 17, 2022, August 17, 2022, and again on October 31, 2022, all of which received no responses. E&F staff prepared a new bid and published it on Monday December 5, 2022. There was one submission. After review of the submission E&F determined that RTS Auto is a responsible bidder and; therefore, the best choice to award the bid to. ALTERNATIVES: FISCAL IMPACT: Below please find the listing for each of the departments that have vehicles and their b udgets for the FY2023 year. This year a few of the vehicles will need new sets of tires and some of the vehicles are older and may need significant repairs. Budgets for Auto Repair and Maintenance: General Admin (5 vehicles) - $5,000 BG (2 vehicles) - $5,000 KFRC (1 vehicle) - $3,000 Landfill (3 vehicles) - $7,500 Leachate Treatment Plant (1 vehicle) - $2,500 OTHER INFORMATION: AGENDA ITEM #14.A.2. Contract No. FY2023-17 Approval Of Two-Year Contract With RTS Auto For A...Page 27 of 135 A B C D E F G Total Base Bid Tire Change (x5)Tire Change (x10)Oil Change (x15) Lic. Mech. Rate Emerg. Hr. Rate Parts Markup RTS Auto 8,560.00$ 180.00$ 226.00$ 360.00$ 135.00$ 200.00$ 55% Kodiak Island Borough Bid Tabulation KIB Auto Repair Services Bid Opening: 12/21/2022 - 2:00 pm Spreadsheet by P. Valerio 12/21/2022 AGENDA ITEM #14.A.2.Contract No. FY2023-17 Approval Of Two-Year Contract With RTS Auto For A...Page 28 of 135 Kodiak Island Borough Page 1 of 15 Auto Repair and Tire Services Contract FY2023-17 KODIAK ISLAND BOROUGH AGREEMENT FOR AUTO REPAIR AND TIRE SERVICES Contract No. 2023-17 This Agreement made and entered into this day of , 2023, by and between the Kodiak Island Borough, hereinafter "Borough", a general law municipality and a Borough of the second class, whose address is: 710 Mill Bay Road, Kodiak, Alaska 99615, and RTS Auto whose address is, 114 Lower Mill Bay Road, Kodiak, Alaska 99615, and licensed and qualified to do business within the State of Alaska, hereinafter called "Contractor." RECITALS A. The Borough desires the performance, provision, and accomplishment of the work, services and materials described and set forth in Part 1, Section 2. B. Contractor represents that it is ready, able, and qualified to perform, and will perform, in all respects, all of the work, services, and materials, and to otherwise perform all of the terms, covenants, conditions and provisions of the Agreement in the manner, at the times, and for the consideration hereafter provided. Now, therefore, for and in consideration of the terms, covenants, conditions, and provisions contained herein, and/or attached and incorporated herein and made a part hereof, the parties hereto agree as follows. This contract consists of: A. Part I, consisting of eighteen (18) sections of General Provisions. B. Part II, consisting of six (6) sections of Special Provisions. C. Acknowledgements D. Exhibits: A (Invitation to Bid), B (Bid Proposal) PART I GENERAL PROVISIONS Section 1: Agreement to Perform. The Borough hereby agrees to engage the Contractor, and the Contractor hereby agrees to perform, complete, provide and furnish, in a timely and proper manner, and pursuant to and in accordance with all of the terms, covenants, conditions and provisions of this Agreement, all of the work, services, labor and materials required to accomplish all of the work described in Section 2 hereof at the times, in the manner, and for the consideration and payments hereinafter set forth. AGENDA ITEM #14.A.2. Contract No. FY2023-17 Approval Of Two-Year Contract With RTS Auto For A...Page 29 of 135 Kodiak Island Borough Page 2 of 15 Auto Repair and Tire Services Contract FY2023-17 Section 2: Description of Work. The Contractor shall perform, supply, and provide all of the work, services and materials; hereinafter collectively referred to as "work", as set forth and described on Exhibit A, attached hereto and incorporated herein by this reference. The work shall be performed in accordance with Bid Proposal, copy attached as Exhibit B and incorporated herein by reference. In the event of a conflict between this contract, Exhibit A or B, the terms of this contract shall prevail, then Exhibit A, then Exhibit B. Section 3: Time for Commencement and for Completion of Work. (a) Commencement. Contractor shall commence the work called for in this Agreement upon the giving of a Notice to Proceed by the Borough. (b) Contract Term. The initial contract period will terminate on June 30, 2025, with a provision for three (3) one-(1) year extensions at the option of the Borough and depending on the availability of funding. If the Borough offers an extension the Contractor will have not more than thirty (30) days to accept or refuse the offer. The parties may mutually agree to continue services after expiration of the final term on a month-to-month basis on the same rates until a new contract can be awarded. Section 4: Financial Terms. (a) Compensation and Payment. For and in consideration of the timely and proper performance of work authorized as provided herein, the Borough shall pay the Contractor at the rates provided for in the Contractor’s Proposal, which rate schedule is attached as Exhibit B and incorporated herein by reference. Payments shall be based upon invoices, which may be submitted no more frequently than monthly. (b) No Additional Work. No claim for additional work, services or materials, not specifically and expressly requested and authorized as provided for in this Agreement, or by a written amendment thereto signed by both parties, done or furnished by the Contractor, will be allowed or paid by the Borough, and Contractor expressly waives any claim therefore. (c) Availability of Funds. This contract is subject to the availability of funds lawfully appropriated for its performance. (d) The Borough may delay or withhold payments from the Contractor for any of the following reasons: 1) The application for payment misstates the amount of services completed; or 2) Defective services not remedied. In the event funds are delayed or withheld the Borough shall provide the Contractor notice of the amount withheld and the basis upon which it is withheld. Section 5: Borough's Contracting Officer. For purposes of this Agreement, the Borough’s contracting officer shall be the Borough Manager or such other person as is designated in writing by the Borough Manager. Section 6: Contractor Qualified. The Contractor expressly represents and warrants it is now and shall continue to be at all times during the performance of this Agreement, the holder of all required or necessary professional, business or other licenses or permits and is qualified and AGENDA ITEM #14.A.2. Contract No. FY2023-17 Approval Of Two-Year Contract With RTS Auto For A...Page 30 of 135 Kodiak Island Borough Page 3 of 15 Auto Repair and Tire Services Contract FY2023-17 capable of performing all of the work covered or called for by this Agreement and is presently ready, able and willing to undertake and perform all of such work and services, and to supply all necessary materials and equipment, at the times, and in a non-negligent professional and workmanlike manner, and pursuant to the terms, conditions and provisions, and for the compensation and payments as herein provided. Section 7: Termination. (a) By Consent. This Agreement may be terminated in whole or in part by the mutual consent of the parties. Such consent shall be in writing. (b) Termination for Cause. This Agreement may be terminated in whole or in part in writing by Borough in the event of failure by Contractor to fulfill any of the terms and conditions of this Agreement upon the giving of not less than five (5) calendar days prior written notice of intent to terminate in the manner provided in Part 1, Section 10, hereof. (c) Termination for Convenience of Borough. This Agreement may be terminated in whole or in part in writing by the Borough for Borough’s convenience provided the Contractor is given not less than thirty (30) calendar days prior written notice of intent to terminate in the manner provided in Part 1, Section 10, hereof. In the event of termination for convenience the Borough shall pay contractor for work completed and materials accumulated, on hand or ordered, as of the date of termination. (d) In the event termination by the Borough is affected pursuant to (b) above, the Contractor shall not be entitled to receive any further payment until the work is completed, or the Borough elects to not proceed further with the project. Upon completion of the work, or termination of the project in the event the Borough elects to not proceed with the project, the Contractor shall be paid as follows: 1) In the event the costs and expense of taking over, re-advertising and completing the project or the costs of closing out the project if the Borough elects to not proceed with the project (hereinafter referred to as "close out costs"), exceed the remaining unpaid amount of this Agreement, any amount which was otherwise due and unpaid to Contractor at the time of termination shall be applied to such increased costs in taking over, re-advertising and completing the project, (or applied to close out costs) and the remaining amount of such costs, if any, shall be paid by the Contractor to the Borough. 2) In the event said costs and expense of taking over, re-advertising and completing the project, (or close out costs) are less than the total amount which was otherwise due and unpaid to the Contractor at the time of termination, the increased costs of taking over and completing the project (or the close out costs) shall be deducted from the amounts due the Contractor and the balance, if any, paid to the Contractor without interest. (e) Upon receipt of a termination notice pursuant to paragraphs (b), (c), or (d) above, the Contractor shall promptly discontinue all services (unless the notice directs otherwise), and deliver or otherwise make available to the Borough all data, drawings, notes, specifications, reports, estimates, summaries, work in progress, and any and all other information and/or materials as may have been accumulated by the Contractor in performing this Agreement, whether completed or in process, and free and clear of any mechanics or other liens or claims in favor of Contractor AGENDA ITEM #14.A.2. Contract No. FY2023-17 Approval Of Two-Year Contract With RTS Auto For A...Page 31 of 135 Kodiak Island Borough Page 4 of 15 Auto Repair and Tire Services Contract FY2023-17 or any other person. (f) Upon termination pursuant to paragraphs (b), (c), or (d) above, the Borough may, but shall not be required to, take over the work and prosecute the same to completion by agreement with another person or otherwise, may elect to complete the work itself, or to not proceed further with the work and project. (g) If, after termination by the Borough pursuant to (b) above, it is determined that the Contractor had not so failed, the termination shall be deemed to have been affected for the convenience of the Borough. In such event, adjustment of the amounts to be paid to Contractor for termination shall be made as provided in paragraph (c) of this Section. (h) No other damages, whether for lost profits or otherwise, other than the amounts allowed and computed as provided for in this Section 7 shall be due or payable to Contractor in the event of termination. Section 8: Conflict of Interest. The Contractor covenants, warrants and represents that the Contractor has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner with the subject matter or the performance of this Agreement. The Contractor further covenants, warrants and represents that in the performance of this Agreement, no person having any such interest shall be employed. Section 9: Assignment and Subletting Prohibited. The Contractor shall not assign, transfer, convey, pledge, hypothecate, sublet, subcontract, or otherwise dispose of or encumber this Agreement, or the rights thereunder, nor shall the Contractor delegate any of his/her/its duties hereunder without the prior written consent of the Borough. Any such attempted assignment, transfer, conveyance, pledge, hypothecation, subletting, or other disposition, or the attempted assignment, disposition or delegation of duties or rights shall be null and void and of no force or effect and shall be grounds and cause for immediate termination of this Agreement without liability by and at the option of the Borough. Section 10: Notice. (a) Any notice, demand, request, consent, approval, or other communication that either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail at the address set forth below. Either party may change its address by notifying the other party of its change of address in writing. Notice shall be deemed to have been duly made and given when delivered if served personally, or upon the expiration of twenty-four (24) hours after the time of mailing if mailed as provided in this Section. Borough: Kodiak Island Borough ATT: Engineering & Facilities 710 Mill Bay Road Kodiak, AK 99615 Contractor: RTS Auto ATT: Leeanna Dahl 114 Lower Mill Bay Rd. Kodiak, AK 99615 AGENDA ITEM #14.A.2. Contract No. FY2023-17 Approval Of Two-Year Contract With RTS Auto For A...Page 32 of 135 Kodiak Island Borough Page 5 of 15 Auto Repair and Tire Services Contract FY2023-17 (b) The performance and administration of this program and this Agreement will be monitored by the Borough and such other agencies as may be required or authorized pursuant to the terms of any grant to the Borough. Necessary reports, in proper form, will be required as a prerequisite to any payment to the Contractor. (c) All project records shall be maintained by the Contractor for not less than three (3) years after completion and final acceptance of all work by the Borough and shall be subject to inspection and copying by the Borough or any funding agency during said period. Section 11: Status of Parties. (a) Independent Contractor. The Contractor shall perform its obligations hereunder as an independent contractor of the Borough. The Borough may administer the contract and monitor the Contractor’s compliance with its obligations hereunder. The Borough shall not supervise or direct the Contractor other than as provided in this Section. (b) Relationship of the Parties. Nothing herein contained shall be deemed or construed by the parties hereto, nor by any third party, as creating the relationship of principal and agent or of partnership or of joint venture between the parties hereto, it being understood and agreed that neither method of computation of payment nor any other provision contained herein, nor any acts of the parties hereto, shall be deemed to create any relationship between the parties hereto other than the relationship of Borough and an independent Contractor. Section 12: Hold Harmless and Indemnity. (a) The Contractor shall indemnify, defend, save and hold the Borough, its officers, employees and agents harmless from any and all claims, lawsuits, liabilities, penalties, or fines, including attorney's fees and costs, allegedly arising out of, in connection with, or incident to any loss, damage or injury to persons or property occurring as a result of the Contractor’s or any subcontractor's intentional misconduct or negligent acts, errors or omissions in its performance pursuant to this contract. (b) Contractor further agrees to appear and defend, and to indemnify and save free and harmless the Borough and its officers, employees and agents from and against any of the foregoing claims, liabilities, penalties, fines or damages, whether or not valid, and for any cost and expense, including reasonable attorney's fees, incurred by the Borough, its officers, employees or agents on account of any claim therefore, including claims by reasons of any defects in any plans, drawings, specifications, computer programs, technical reports, or other work product of Contractor prepared for or submitted to the Borough pursuant to this Agreement provided said claim is not based upon a use of said plans, drawings, specifications or other work product for other than the purposes for which such data was prepared and submitted to the Borough. (c) Contractor shall keep the work free from all liens and shall indemnify and defend the Borough and hold it harmless from any claims of Contractor’s subcontractors or suppliers. Section 13: No Third-Party Beneficiaries. Nothing in this Agreement shall be construed to give any person other than the Borough and the Contractor any legal or equitable right, remedy or claim under this Agreement, but it shall be held to be for the sole and exclusive benefit of the Borough and the Contractor. Section 14: Compliance with Laws and Regulations. Contractor shall, at Contractor’s sole AGENDA ITEM #14.A.2. Contract No. FY2023-17 Approval Of Two-Year Contract With RTS Auto For A...Page 33 of 135 Kodiak Island Borough Page 6 of 15 Auto Repair and Tire Services Contract FY2023-17 cost and expense, comply with all of the requirements of all local, state, or federal laws, ordinances, or regulations now in force, or which may hereafter be in force, pertaining to this Agreement, or the project or work to be performed, and shall faithfully observe in the performance of this Agreement, all local, state, and federal laws, ordinances and regulations now in force or which may hereafter be in force. When a change in laws, ordinances or regulations results in additional costs, the Contractor may request a change order to cover those costs. Any such change order shall be limited to the Contractor’s actual additional costs as a result of the change. The Contractor shall pay all taxes pertaining to its performance under this contract. Section 15: Successors and Assigns. Except as otherwise provided herein, the covenants, agreements and obligations herein contained shall extend to bind and inure to the benefit not only of the parties hereto but their respective personal representatives, heirs, successors and assigns. Section 16: Miscellaneous. (a) Terminology. Whenever herein the singular number is used, the same shall include the plural, and the masculine gender shall include the feminine and neuter genders. (b) Law Applicable. The laws of the State of Alaska shall govern the construction, validity, performance and enforcement of this Agreement. Venue as to any action, claim, or proceeding arising out of, or based upon this Agreement, including, but not limited to, any action for declaratory or injunctive relief, shall be the appropriate Court sitting in the City of Kodiak, Third Judicial District, Alaska. (c) Paragraph Headings. The headings of the several sections and subsections contained herein are for convenience only and do not define, limit, or construe the contents of such sections and subsections. (d) Terms Construed as Covenants and Conditions. Every term and each provision of this Agreement performable by Contractor shall be construed to be both a covenant and a condition. (e) Time of the Essence. Time is of the essence of each term, condition, covenant, and provision of this Agreement. (f) Severability. In the event any provision of this Agreement is adjudicated or held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. (g) Nonwaiver. No delay or omission of the right to exercise any power by either party shall impair any such right or power, or be construed as a waiver of any default or as acquiescence therein. One or more waivers of any covenant, term, or condition of this Agreement by either party shall not be construed by the other party as a waiver of a subsequent breach of the same covenant, term or condition. The consent or approval by either party to any act by the other party of a nature requiring consent or approval shall not be deemed to waive or render unnecessary consent to or approval of any subsequent similar act. Section 17: Amendment. (a) This contract shall only be amended, modified, or changed by writing, executed by authorized representatives of the parties. (b) For the purpose of any amendment modification or change to the terms and conditions of this contract, the only authorized representatives of the parties are: AGENDA ITEM #14.A.2. Contract No. FY2023-17 Approval Of Two-Year Contract With RTS Auto For A...Page 34 of 135 Kodiak Island Borough Page 7 of 15 Auto Repair and Tire Services Contract FY2023-17 1) Kodiak Island Borough, Borough Manager or designee 2) RTS Auto, Leeanna Dahl or designee (c) Any attempt to amend, modify, or change this contract by either an unauthorized representative or unauthorized means shall be void. Section 18: Entire Agreement. This Agreement and any schedules, appendices or exhibits attached hereto sets forth all the covenants, promises, agreements, conditions, and understandings between the parties hereto, and there are no covenants, promises, agreements, conditions or understandings, either oral or written, between them other than as herein set forth. Except as herein otherwise expressly provided, no contemporaneous or subsequent agreement, understanding, alteration, amendment, change or addition to this Agreement, or any schedule, appendix, exhibit, or attachment thereto shall be binding upon the parties hereto unless reduced to writing and signed by both parties. This Agreement constitutes a final, complete, and exclusive statement of the agreement between the parties. PART II SPECIAL PROVISIONS Section 1: Insurance. (a) During the entire period of the project or work, the Contractor shall provide the following types of insurance. The Borough shall be insured as additional insured on all insurance policies except professional liability contracts. All policies shall have a thirty (30) day cancellation clause. 1. Comprehensive automobile liability, bodily injury, and property damage, including all owned, hired and non-owned, automobile - $1,000,000 per each accident 2. Workers' compensation as required by law and employer's liability coverage at a minimum of $1,000,000. 3. Commercial general liability insurance - $1,000,000 per occurrence and $2,000,000 aggregate. (b) Each policy of insurance required by this Section shall provide for no less than thirty (30) days’ advance notice to the Borough prior to cancellation. Insurance certificates will be required to be submitted for review by the Borough Manager before the Borough will issue a notice to proceed. Failure to maintain coverage is a material breach and grounds for termination of the contract. (c) Should the Contractor fail to comply with the insurance requirements of this Agreement, the Kodiak Island Borough may terminate the Agreement on ten (10) days written notice. Section 2: Equal Employment Opportunity. (a) The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, disability, national origin, ancestry, age, or sex. The Contractor will take affirmative action to ensure that applicants are employed and that employees AGENDA ITEM #14.A.2. Contract No. FY2023-17 Approval Of Two-Year Contract With RTS Auto For A...Page 35 of 135 Kodiak Island Borough Page 8 of 15 Auto Repair and Tire Services Contract FY2023-17 are treated during employment without regard to their race, color, religion, disability, national origin, ancestry, age, or sex. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. (b) The Contractor shall state in all solicitations or advertisements for employees to work on contract jobs to be let in the performance of this Agreement, that all qualified applicants will receive consideration for employment without regard to race, color, religion, disability, national origin, ancestry, age, or sex. (c) The Contractor agrees to fully cooperate with the office or agency of the State of Alaska which seeks to deal with the problem of unlawful or invidious discrimination, and with all other State efforts to guarantee fair employment practices under this Agreement, and said Contractor will comply promptly with all requests and directions from the State Commission of Human Rights or any of its officers or against relating to prevention of discriminatory employment practice. (d) Full cooperation as expressed in the foregoing clause (c) shall include, but not be limited to, being a witness in any proceeding involving questions of unlawful or invidious discrimination if such is deemed necessary by any official or agency of the State of Alaska, permitting employees of said Contractor to be witnesses or complainants in any proceeding involving questions of unlawful or invidious discrimination, if such is deemed necessary by any official or agency of the State of Alaska, or the Borough, participating in meetings, submitting periodic reports on the equal employment aspects of present and future employment, assisting in inspection of relevant facilities, and promptly complying with all State directives deemed essential by any office or agency of the State of Alaska, or the Borough, to insure compliance with all federal and state laws, regulations, and policies pertaining to the prevention of discriminatory employment practices. (e) Failure to perform any of the above agreements pertaining to equal employment opportunities shall be deemed a material breach of the contract and sufficient grounds for termination of this Agreement for cause without liability. Section 3: Contractor Responsible for Personnel. The Contractor has or will secure, at Contractor's own cost and expense, all personnel required to perform this Agreement in a timely and proper manner. The parties hereto agree and understand that such personnel shall in no event be deemed to be, and are not, employees, agents, or representatives of the Borough and such persons shall have no contractual or other relationship with the Borough, and the Borough shall have no responsibility or liability whatsoever to any of said persons, or for the acts or omissions of any of such persons. Section 4: Personnel Supervision. Contractor agrees that all work and services required or provided under this Agreement shall be performed personally by the Contractor, unless otherwise authorized in writing by the Borough’s contracting officer, and in such event all personnel engaged in any such work shall be fully qualified, and shall be licensed and authorized under applicable state, federal and local laws to perform such services. AGENDA ITEM #14.A.2. Contract No. FY2023-17 Approval Of Two-Year Contract With RTS Auto For A...Page 36 of 135 Kodiak Island Borough Page 9 of 15 Auto Repair and Tire Services Contract FY2023-17 Section 5: Corporate Authority. If Contractor is a corporation, Contractor shall deliver to the Borough at the time of execution of this Agreement a certified copy of a resolution of its board of directors authorizing the execution of this Agreement and naming the officers that are authorized to execute this Agreement on behalf of the corporation. Section 6: Additional Terms and Conditions. This Agreement is subject to each of the additional terms, covenants, conditions, and provisions outlined in the scope of work attached hereto as Exhibit A, which are hereby expressly referred to and incorporated herein as though set forth in full. AGENDA ITEM #14.A.2. Contract No. FY2023-17 Approval Of Two-Year Contract With RTS Auto For A...Page 37 of 135 Kodiak Island Borough Page 10 of 15 Auto Repair and Tire Services Contract FY2023-17 written. ACKNOWLEDGMENTS Wherefore the parties have entered into this Agreement the date and year first above KODIAK ISLAND BOROUGH: Date: By: David Conrad Acting Borough Manager ATTEST: By: Nova M. Javier, Borough Clerk APPROVED AS TO FORM: By : Scott A. Brandt-Erichsen Borough Attorney CONTRACTOR: Date: By: Title: AGENDA ITEM #14.A.2. Contract No. FY2023-17 Approval Of Two-Year Contract With RTS Auto For A...Page 38 of 135 Kodiak Island Borough Page 11 of 15 Auto Repair and Tire Services Contract FY2023-17 BOROUGH ACKNOWLEDGMENTS STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 2023, before me, the undersigned, a notary public in and for the State of Alaska, duly commissioned and sworn, personally appeared David Conrad, to me known to be the Interim Borough Manager of the Kodiak Island Borough, a municipal corporation, the corporation which executed the above and foregoing instrument; who on oath stated that he was duly authorized to execute said instrument on behalf of said corporation; who acknowledged to me that he signed the same freely and voluntarily on behalf of said corporation for the uses and purposes therein mentioned. WITNESS my hand and official seal the day and year in this certificate above written. (Seal) NOTARY PUBLIC FOR ALASKA My Commission Expires: STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 2023, before me, the undersigned, a notary public in and for the State of Alaska, duly commissioned and sworn, personally appeared Nova M. Javier, to me known to be the Borough Clerk of the Kodiak Island Borough, a municipal corporation, the corporation which executed the above and foregoing instrument; who on oath stated that she was duly authorized to execute said instrument on behalf of said corporation; who acknowledged to me that she signed the same freely and voluntarily on behalf of said corporation for the uses and purposes therein mentioned. WITNESS my hand and official seal the day and year in this certificate above written. (Seal) NOTARY PUBLIC FOR ALASKA My Commission Expires: AGENDA ITEM #14.A.2. Contract No. FY2023-17 Approval Of Two-Year Contract With RTS Auto For A...Page 39 of 135 Kodiak Island Borough Page 12 of 15 Auto Repair and Tire Services Contract FY2023-17 ACKNOWLEDGMENT LIMITED LIABILITY COMPANY STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) I, , a Notary Public, in and for the State of , hereby certify that , whose name as manager/member of , LLC., is signed to the foregoing instrument and who is known to me, acknowledged before me on this day that, being informed of the contents of the instrument, he or she, as such officer and with full authority, executed the same voluntarily for and as the act of said limited liability company. WITNESS my hand and official seal the day and year in this certificate above written. (Seal) NOTARY PUBLIC FOR ALASKA My Commission Expires: CORPORATE CERTIFICATE I, , certify that I am the Secretary of the Corporation named as Contractor in the foregoing instrument; that , who signed said instrument on behalf of the Contractor, was then of said Corporation; that said instrument was duly signed for and on behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. Signature AGENDA ITEM #14.A.2. Contract No. FY2023-17 Approval Of Two-Year Contract With RTS Auto For A...Page 40 of 135 Kodiak Island Borough Page 13 of 15 Auto Repair and Tire Services Contract FY2023-17 CORPORATE ACKNOWLEDGMENT STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 2023, before me, the undersigned, a Notary Public in and for the State of , duly commissioned and sworn, personally appeared (Name) and (Name) known to be the President and Secretary of , the corporation which executed the above and foregoing instrument, and who on oath stated they were duly authorized to execute said instrument and acknowledged that they signed the same freely and voluntarily on behalf of said corporation for the purposes therein mentioned. WITNESS my hand and official seal the day and year in this certificate above written. (Seal) NOTARY PUBLIC FOR ALASKA My Commission Expires: AGENDA ITEM #14.A.2. Contract No. FY2023-17 Approval Of Two-Year Contract With RTS Auto For A...Page 41 of 135 Kodiak Island Borough Page 14 of 15 Auto Repair and Tire Services Contract FY2023-17 EXHIBIT A INVITATION TO BID AGENDA ITEM #14.A.2. Contract No. FY2023-17 Approval Of Two-Year Contract With RTS Auto For A...Page 42 of 135 Kodiak Island Borough Page 15 of 15 Auto Repair and Tire Services Contract FY2023-17 EXHIBIT B CONTRACTOR’S BID PACKAGE AS SUBMITTED AGENDA ITEM #14.A.2. Contract No. FY2023-17 Approval Of Two-Year Contract With RTS Auto For A...Page 43 of 135 AGENDA ITEM #14.A.2.Contract No. FY2023-17 Approval Of Two-Year Contract With RTS Auto For A...Page 44 of 135 AGENDA ITEM #14.A.2.Contract No. FY2023-17 Approval Of Two-Year Contract With RTS Auto For A...Page 45 of 135 AGENDA ITEM #14.A.2.Contract No. FY2023-17 Approval Of Two-Year Contract With RTS Auto For A...Page 46 of 135 AGENDA ITEM #14.A.2.Contract No. FY2023-17 Approval Of Two-Year Contract With RTS Auto For A...Page 47 of 135 AGENDA ITEM #14.A.2.Contract No. FY2023-17 Approval Of Two-Year Contract With RTS Auto For A...Page 48 of 135 AGENDA ITEM #14.A.2.Contract No. FY2023-17 Approval Of Two-Year Contract With RTS Auto For A...Page 49 of 135 AGENDA ITEM #14.A.2.Contract No. FY2023-17 Approval Of Two-Year Contract With RTS Auto For A...Page 50 of 135 INVITATION TO BID THIS IS NOT AN OFFER RELEASE DATE: October 31, 2022 Auto Repair & Tire Services The Kodiak Island Borough is accepting sealed bids for auto repair and tire services as described in the Invitation to Bid. Sealed bids must be submitted to the Borough Finance Office by 2:00 PM (local time) Nov 30, 2022. Bids must be in a sealed envelope with “Kodiak Island Borough - Auto Repair and Tire Services” clearly indicated on the outside of the envelope. Postmarks will not be controlling. Complete bidding documents are available in electronic form and may be viewed and downloaded without charge and without deposit from the Kodiak Island Borough website, www.kodiakak.us. Bidders are responsible for their own printing. Contact Person: Dave Conrad, Director or Patricia Valerio, Secretary Engineering/Facilities Department Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 Phone: (907) 486-9347 Fax: (907) 486-9394 Email: dconrad@kodiakak.us or pvalerio@kodiakak.us David Conrad, Interim Borough Manager Kodiak Island Borough Publish: Kodiak Daily Mirror Nov 4, 11, & 18, 2022 AGENDA ITEM #14.A.2. Contract No. FY2023-17 Approval Of Two-Year Contract With RTS Auto For A...Page 51 of 135 Kodiak Island Borough Invitation to Bid Page 1 of 5 Auto Repair and Tire Services INVITATION TO BID (ITB) The Kodiak Island Borough is concerned that all bids be submitted in a manner that ensures the bidding process is fair and equitable to all Bidders in compliance with the requirements of the bid documents. Particular attention of all Bidders is drawn to the provisions of this solicitation and the resulting contract dealing with pre-bid inquiries and the duty of the Bidders to disclose any significant fact or question which will adversely affect the cost or time of completion of this project. Bidders are cautioned that they disregard these provisions at their own risk. Bidders are directed to study and follow these instructions as to the method and form for submitting bids so there will be no reason to reject a bid. Bidders will find all required forms and documents contained within this packet. Please take notice of the accompanying "Bidders Checklist", which identifies which forms and documents are to be included with a compete bid submittal. SECTION 1: INTENT 1.Purpose of the Invitation to Bid: This Invitation to Bid (ITB) is intended to establish a term contract to complete automotive repairs and maintenance of a varying nature for the Kodiak Island Borough’s commercial vehicles. For further information refer to Section 4: Scope of Work. 2.Term. The Term of the contact is for an initial two-year period from July 1, 2022 until June 30, 2024, with the option of the Borough to exercise of up to three (3) additional one year periods. Following the initial two-year period requests for rate increases may be entertained by the Borough, and if acceptable, will be incorporated into each renewal. SECTION 2: SOLICITATION INSTRUCTIONS 1.Registration of Bidders. All Bidders are encouraged to register with the Borough by completing the registration form included in this packet. Only registered Bidders will be notified of addendum or other modifications to the bid requirements. 2.Inquiries. Bidders should direct any pre-bid inquiries labelled Kodiak Island Borough Auto Repair and Tire Services Bid Inquiry and e-mailed to pvalerio@kodiakak.us with a copy to dconrad@kodiakak.us. 3.Bid Security. The Borough requires a bid bond or certified check in the amount of $1,000 for this bid. The Bid security of each Bidder shall be returned once a contract is signed. The Bid security of the successful Bidder shall be forfeit if the successful Bidder fails to execute the contract. 4.Rejection of Bids. The Borough reserves the right to reject any or all bids. The Borough also reserves the right to reject any bid which is non-responsive, incomplete, obscure, or irregular; any bid which omits any one or more items on which the bids are required; any bid in which unit prices are unbalanced in the opinion of the Borough; any Bidder who previously AGENDA ITEM #14.A.2. Contract No. FY2023-17 Approval Of Two-Year Contract With RTS Auto For A...Page 52 of 135 Kodiak Island Borough Invitation to Bid Page 2 of 5 Auto Repair and Tire Services failed to perform properly or to complete on time contracts of any nature; and the criteria listed in KIB Code 3.30.080. 5.Bidder Certifies. The Bidder certifies that any and all prices which may be charged under the terms of this bid request do not and will not violate any existing federal, state, or municipal laws or regulations concerning price discrimination and/or price fixing. The Bidder agrees to indemnify, exonerate, and hold harmless the Borough from liability for such violation now and throughout the term of the contract. 6.Addenda. The Borough reserves the right to amend the ITB prior to the date of bid opening. Each bid shall include specific acknowledgment of receipt of all addenda issued during the bidding period. Failure to so acknowledge may result in the bid being rejected as not responsive. 7.Irregularities. Any irregularities or lack of clarity in any of the bid documents should be brought to the attention of the Contact Person as soon as possible, so that corrective addenda may be furnished to all Bidders. Alterations or erasures must be crossed out and corrections thereof printed in ink or typewritten adjacent thereto. Any correction must be initialed in ink by each person signing the bid. 8.Responsibility of Bidder. It is the responsibility of the Bidder to investigate and acquaint themselves with the conditions relating to the work and labor, including (if required) site visits, soil sampling, or other tests. 9.Written words. In the case of a difference between written words and figures, the amount stated in written words shall govern. In the case of a difference between a unit price and the extended price, the unit price shall govern. 10.Signatures. All attachments, including corporate certificate and acknowledgments, must be signed by the Bidder. 11.Preparation of bid forms. All bids and addenda thereto shall be intact and enclosed in a sealed envelope, addressed to: Borough Finance Office, Kodiak Island Borough, 710 Mill Bay Road, Kodiak, Alaska 99615. Sealed bids must be submitted on the forms and enclosed in an envelope which is clearly marked “Kodiak Island Borough – Auto Repair and Tire Services”. The Borough will not be responsible for the premature opening of a bid not properly addressed or identified. 12.Postponement of Opening. The Borough reserves the right to postpone the date and time for opening of bids at any time prior to the time announced for opening of bids in the advertisement. 13.Rejection of Bids. All bids received after the date and time set for receipt will be REJECTED. Bidders are warned that weather and travel are unpredictable and overnight delivery does not always arrive in a timely fashion. Bidders are responsible for ensuring that their Bid is delivered in a timely manner. 14.Modifications. Bids may be modified by written notice or emailed, provided such notice is received prior to the date and time set for receipt of bids, and, provided further, a written confirmation of the modification is mailed or shipped via overnight mail/delivery service prior AGENDA ITEM #14.A.2. Contract No. FY2023-17 Approval Of Two-Year Contract With RTS Auto For A...Page 53 of 135 Kodiak Island Borough Invitation to Bid Page 3 of 5 Auto Repair and Tire Services to the bid closing time. The modification should not reveal the bid price but should provide the addition or subtraction (or other modification) so that the final price or terms will not be known to the Borough until the sealed bid is opened. 15.Withdrawal of Bids. Bids may be withdrawn only by written or emailed, provided such notice is received two (2) hours prior to the date and time set for receipt of bids, and provided further, a written confirmation of the withdrawal is mailed or shipped via overnight mail/delivery service prior to the bid closing time. Notice of withdrawals received after the bid opening will not be considered. 16.Determination of Low Bidder. The Borough intends to award to the lowest responsible responsive Bidder. The Bid forms include bid schedules setting out mandatory and optional additional service costs. The Bid form compiles the annual base bid cost, and the resulting total is considered the Bid upon which a contract award decision will be made. Optional services costs and rates in the bid schedules will be used for the contract rates but will not form the basis for determining the low bid. 17.Award of Contract. The Borough reserves the right to withhold award for a period of forty- five (45) calendar days from the date of bid closing. 18.Protest of Bid Award. The Borough will issue a Notice of Intent to Award to the successful Bidder. An aggrieved Bidder may file a bid protest within ten (10) calendar days after Notice of Intent to Award the contract is issued. A protest may be made by delivery of a letter of protest to the Borough Manager’s Office. Protests will only be accepted based on error in process. If/when a protest is received, an administrative review process will begin. The protestor can expect a final administrative decision by the Kodiak Island Borough Manager within 30 working days of the receipt of protest. 19.Bid Cancellation. The Borough reserves the right to cancel the procurement, ITB, or award without liability to the Bidder, except return of the bid security, at any time before the Agreement has been fully signed by all parties, including the Borough. 20.Non-Collusion Affidavit. The Bidder shall submit with the bid a signed non-collusion affidavit to the Borough covering the Bidder and all subcontractors. 21.Minimum Standards. The required work and/or specifications attached herein shall be considered as the minimum standards acceptable to the Borough. Any deviations, modifications, or alternatives proposed shall be specified and clarified by the Bidder in writing and be identified as EXCEPTION SUMMARY. Insufficient information pertaining to exceptions shall be at the Bidders risk and may result in rejection of the bid. 22.Equipment furnished. All equipment furnished under these specifications must be complete with all necessary operating accessories and manuals customarily furnished, whether stipulated herein or not. Prior to final acceptance by the Borough, the Borough reserves the right to examine the equipment/structures and test it accordingly, to assure compliance with bid and contract requirements and specifications. Should the Borough conduct such evaluations and the results indicate that the equipment/structures does not conform, the successful Bidder shall be responsible to promptly correct such problems and/or replace said equipment in a timely manner at no cost to the Borough. After correction of any deficiencies the equipment/structures shall be subject to a re-evaluation. AGENDA ITEM #14.A.2. Contract No. FY2023-17 Approval Of Two-Year Contract With RTS Auto For A...Page 54 of 135 Kodiak Island Borough Invitation to Bid Page 4 of 5 Auto Repair and Tire Services 23.Laws. The Bidder will comply with all federal, state, and local laws including the Laborers’ and Mechanics’ Minimum Rates of Pay applicable for municipal contracts as determined by the State of Alaska. SECTION 3: INSURANCE REQUIREMENTS The successful respondent must meet the following insurance requirements: During the entire period of the project or work, the Contractor shall provide the following types of insurance. The Borough shall be insured as additional insured on all insurance policies except professional liability contracts. All policies shall have a mandatory thirty (30) day cancellation clause. a.Workers’ compensation as required by Alaska law and employer’s liability coverage at a minimum of $1,000,000. b.Commercial general liability insurance, not excluding explosion, contractual liability, or product/completed operation liability insurance - $1,000,000 per occurrence and $2,000,000 aggregate. c.Comprehensive automobile liability, bodily injury, and property damage, including all owned, hired and non-owned, automobile - $1,000,000 per each accident. SECTION 4: SCOPE OF WORK 1.General: KIB is responsible for maintaining several commercial vehicles and from time to time needs automotive repairs or maintenance of varying nature. Bidder shall provide rates for each item noted below in Description of Services. Bidders shall also provide a hourly rate for work outside of the regular services, and a mark up percentage for parts required. Occasionally KIB finds itself in need of emergency or after hour vehicle services or repairs, and Bidders shall provide a hourly rate for emergency services. The Company responding to this request for bids will be asked to respond to emergency situations within two hours of receiving the notification. If requested by the Borough, Bidders should be able to document successful work history exceeding five (5) years in areas of interest and be able to provide credentials and certifications approved by the applicable regulating authority for the work needed. Contracts exceeding $25,000 must be approved by the KIB Assembly. Staff will propose such contracts to the Assembly as needed. However, work on contracts totaling under $25,000 in the aggregate may be authorized by the Manager by contract and/or purchase order. Bidders should be aware of the Borough’s discretion to award a contract based on Local Preference in KIB Code 3.30.060. 2.Description of Services: •Tire Change - Car o Mount and balance four tires onto existing wheels, set appropriate tire pressure, and torque wheels. •Tire Change – SUV/Truck AGENDA ITEM #14.A.2. Contract No. FY2023-17 Approval Of Two-Year Contract With RTS Auto For A...Page 55 of 135 Kodiak Island Borough Invitation to Bid Page 5 of 5 Auto Repair and Tire Services o Mount and balance four tires onto existing wheels, set appropriate tire pressure, and torque wheels. •Oil Change o Change oil with appropriate type (conventional or synthetic), replace oil filter, check air filter and all other fluids. SECTION 5: BID CHECKLIST Minimum Requirements: Your bid will be considered nonresponsive and rejected if not properly executed. For your convenience and assistance in preparation of your bid, the following checklist is offered for informational purposes. 1.Bid Schedule - Completed, signed, dated, addenda acknowledged. 2.Bidder Information – Completed, signed, and submitted. 3.Corporate Acknowledgement - Completed and notarized. (When bid is bycorporation) 4.Bid Bond – executed and ready to proceed upon contract execution. 5.Non- Collusion Affidavit - Completed and signed. 6.Alaska Business License - Copy of Original. Bids not including ALL of the above documents may be REJECTED as nonresponsive. Bids will be rejected which contain material alterations or erasures not initialed by the signer of the bid. No Qualified or otherwise Conditioned Bids will be accepted. SECTION 6: BID SCHEDULE Bidders must submit their bids on Attachment 1: Bid Schedule. Bidders must offer bid rates, hourly rates, and mark up percentage, as appropriate for each item listed. Rates entered on the Bid Schedule must include all incidental costs such as, but not limited to, office support, insurance, tools, equipment, transportation, overhead, and profit. There shall be no additional charges for basic tools, equipment, and shop supplies. SECTION 7: AGREEMENT Successful Bidder will be required to execute the contract agreement included as Attachment 2: Agreement. Bidders are encouraged to review the terms and conditions of the Agreement and if there are any questions to submit them during the bid period. Requests for modifications to the agreement will not be allowed once bids are submitted. SECTION 8: ATTACHMENTS 1.Attachment 1: Bid Schedule 2.Attachment 2: Agreement 3.Attachment 3: Bidder Registration Form AGENDA ITEM #14.A.2. Contract No. FY2023-17 Approval Of Two-Year Contract With RTS Auto For A...Page 56 of 135 Kodiak Island Borough Auto Repair and Tire Services Page 1 of 5 Attachment 1: Bid Schedule KODIAK ISLAND BOROUGH AUTO REPAIR AND TIRE SERVICES BID SCHEDULE TO: The Kodiak Island Borough, Alaska, herein called the Borough: Bidder Please Note: Before preparing this Bid Proposal for the Kodiak Island Borough Auto Repair and Tire Services, carefully read the Contract Requirements and know that the bid is based on BASIC SERVICES TO BE ROUTINELY PERFORMED as set forth in the Scope of Work (Section 4) of the Invitation to Bid. Any other work outside the scope will use the Additional Services line- item hourly rate and parts mark-up for billing purposes. The Bidder shall insert a total bid amount for each item. NOTE: Failure to bid on each item may result in your bid being declared non-responsive. Pursuant to and in compliance with the Invitation to Bid, the undersigned Bidder, being fully familiarized with all the terms of the bid specifications hereby proposes and agrees to deliver, within the time and in the manner stipulated, the following services: Auto Repair and Tire Services Description Estimated Quantity Bid Rate Evaluated Price Tire Change – Car 6 $ $ Tire Change – SUV/Truck 8 $ $ Oil Change 8 $ $ Total Base Bid $ Any work outside of the services listed above will use the following hourly rates and mark- up percentage. These rates and percentage will be incorporated into the contract but will not be used to determine the low bidder. Alaska Licensed Mechanic Hourly Rate -Routine 20 hours $ $ Alaska Licensed Mechanical Hourly Rate – Emergency 10 hours $ $ Parts Mark Up (%) $250 % 1.Award of Contract. The Borough shall have the right to reject this bid proposal and such bid proposal shall remain open and may not be withdrawn for a period of forty-five (45) days after the date prescribed for its closing. 2.Execution of Contract and Performance Security. It is understood and agreed that if notice of the acceptance of this proposal and award of the Contract is made within forty-five (45) AGENDA ITEM #14.A.2. Contract No. FY2023-17 Approval Of Two-Year Contract With RTS Auto For A...Page 57 of 135 Kodiak Island Borough Auto Repair and Tire Services Page 2 of 5 Attachment 1: Bid Schedule days after the opening of the proposal, or at any time thereafter before it is withdrawn in writing, the undersigned Bidder will execute and deliver the Agreement in the form set forth in the Contract Documents to the Borough in accordance with the proposal as accepted, and will also furnish and deliver to the Borough the performance and payment bonds as may be required, the Certificate of Insurance and policies of insurance and any other documents or bonds called for in the Contract Documents, all within ten (10) days after notice of acceptance and award of the Contract is given. 3.Notice of Acceptance. Notice of acceptance and award of the contract or requests for additional information may be addressed to the undersigned Bidder at the business address set forth at the end of this proposal. 4.Bid Security. Accompanying this bid is the required bid security in the form of __________________________________________________________ (NOTICE: Insert the words, Cashier’s Check, Certified Check, or Bid Bond as the case may be.) 5.Receipt of Addenda. Receipt of the following Addenda to the Contract Documents is hereby acknowledged. Addendum Number Date ___________________ ________________ ___________________ ________________ ___________________ ________________ ___________________ ________________ (Note: Failure to acknowledge receipt of any addenda may be considered an irregularity in the proposal and grounds for rejection of the bid.) BIDDER: By: ___________________________________________________________________ Title: _________________________________________________________________ Alaska Business License No. ______________________________________________ AGENDA ITEM #14.A.2. Contract No. FY2023-17 Approval Of Two-Year Contract With RTS Auto For A...Page 58 of 135 Kodiak Island Borough Auto Repair and Tire Services Page 3 of 5 Attachment 1: Bid Schedule BIDDER INFORMATION Company/Firm Name ____________________________________________________ Telephone _____________________________________________________________ Fax No. _______________________________________________________________ Mobile No. _____________________________________________________________ Business Address _______________________________________________________ Is Local Preference asserted: YES _____ NO _____ Date ________________________ , 2022. NOTE: If Bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of the officer or officers authorized to sign contracts on behalf of the corporation; if Bidder is a partnership, the true name of the firm shall be set forth above together with a signature of the partner or partners authorized to sign contracts in behalf of the partnership, and if Bidder is an individual, the appropriate signature shall be placed above. BIDDER: By: ___________________________________________________________________ Title: _________________________________________________________________ Alaska Business License No. ______________________________________________ AGENDA ITEM #14.A.2. Contract No. FY2023-17 Approval Of Two-Year Contract With RTS Auto For A...Page 59 of 135 Kodiak Island Borough Auto Repair and Tire Services Page 4 of 5 Attachment 1: Bid Schedule CORPORATE ACKNOWLEDGEMENT (To be filled in when Documents are executed in behalf of a Corporation) UNITED STATES OF AMERICA ) )ss STATE OF ALASKA ) The foregoing instrument was acknowledged before me this ___________________ day of ______, 2022 by (Name of Officer) (Title of Officer) of _______ ____, Corporation, on behalf of said Corporation. (Name of Corporation) Notary Public My Commission Expires: ______ AGENDA ITEM #14.A.2. Contract No. FY2023-17 Approval Of Two-Year Contract With RTS Auto For A...Page 60 of 135 Kodiak Island Borough Auto Repair and Tire Services Page 5 of 5 Attachment 1: Bid Schedule NON-COLLUSION AFFIDAVIT (To be executed prior to award) UNITED STATES OF AMERICA ) )ss STATE OF ALASKA ) I, _______________________ of _________________________________ (Printed Name) (Firm Name) being duly sworn, do depose and state: I, or the firm, association or corporation of which I am a member, a bidder, on the contract to be awarded, by the Kodiak Island Borough, for the: Kodiak Island Borough Auto Repair and Tire Services located at Kodiak, in the State of Alaska, have not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding a connection with such contract. _______________________________ Contractor Subscribed and sworn to this ________________day of _______________, 20____. __________________________________ Notary Public My Commission Expires: ______ AGENDA ITEM #14.A.2. Contract No. FY2023-17 Approval Of Two-Year Contract With RTS Auto For A...Page 61 of 135 Kodiak Island Borough Auto Repair and Tire Services Page 1 of 16 Attachment 2: Agreement KODIAK ISLAND BOROUGH AGREEMENT FOR AUTO REPAIR AND TIRE SERVICES Contract No. 2022-__ This Agreement made and entered into this ___ day of ____________ , 2022, by and between the Kodiak Island Borough, hereinafter "Borough", a general law municipality and a Borough of the second class, whose address is: 710 Mill Bay Road, Kodiak, Alaska 99615, and ____________________., whose address is , ___________________________, and licensed and qualified to do business within the State of Alaska, hereinafter called "Contractor." RECITALS A.The Borough desires the performance, provision, and accomplishment of the work, services and materials described and set forth in Part 1, Section 2. B.Contractor represents that it is ready, able and qualified to perform, and will perform, in all respects, all of the work, services, and materials, and to otherwise perform all of the terms, covenants, conditions and provisions of the Agreement in the manner, at the times, and for the consideration hereafter provided. Now, therefore, for and in consideration of the terms, covenants, conditions, and provisions contained herein, and/or attached and incorporated herein and made a part hereof, the parties hereto agree as follows. This contract consists of: A.Part I, consisting of eighteen (18) sections of General Provisions. B.Part II, consisting of six (6) sections of Special Provisions. C.Acknowledgements D.Exhibits: A (Invitation to Bid), B (Bid Proposal) PART I GENERAL PROVISIONS Section 1: Agreement to Perform. The Borough hereby agrees to engage the Contractor, and the Contractor hereby agrees to perform, complete, provide and furnish, in a timely and proper manner, and pursuant to and in accordance with all of the terms, covenants, conditions and provisions of this Agreement, all of the work, services, labor and materials required to accomplish all of the work described in Section 2 hereof at the times, in the manner, and for the consideration and payments hereinafter set forth. AGENDA ITEM #14.A.2. Contract No. FY2023-17 Approval Of Two-Year Contract With RTS Auto For A...Page 62 of 135 Kodiak Island Borough Auto Repair and Tire Services Page 2 of 16 Attachment 2: Agreement Section 2: Description of Work. The Contractor shall perform, supply, and provide all of the work, services and materials; hereinafter collectively referred to as "work", as set forth and described on Exhibit A, attached hereto and incorporated herein by this reference. The work shall be performed in accordance with Bid Proposal, copy attached as Exhibit B and incorporated herein by reference. In the event of a conflict between this contract, Exhibit A or B, the terms of this contract shall prevail, then Exhibit A, then Exhibit B. Section 3: Time for Commencement and for Completion of Work. (a)Commencement. Contractor shall commence the work called for in this Agreement upon the giving of a Notice to Proceed by the Borough. (b)Contract Term. The initial contract period will terminate on June 30, 2024, with a provision for three (3) one-(1) year extensions at the option of the Borough and depending on the availability of funding. If the Borough offers an extension the Contractor will have not more than thirty (30) days to accept or refuse the offer. The parties may mutually agree to continue services after expiration of the final term on a month to month basis on the same rates until a new contract can be awarded. Section 4: Financial Terms. (a)Compensation and Payment. For and in consideration of the timely and proper performance of work authorized as provided herein, the Borough shall pay the Contractor at the rates provided for in the Contractor’s Proposal, which rate schedule is attached as Exhibit B and incorporated herein by reference. Payments shall be based upon invoices, which may be submitted no more frequently than monthly. (b)No Additional Work. No claim for additional work, services or materials, not specifically and expressly requested and authorized as provided for in this Agreement, or by a written amendment thereto signed by both parties, done or furnished by the Contractor, will be allowed or paid by the Borough, and Contractor expressly waives any claim therefore. (c)Availability of Funds. This contract is subject to the availability of funds lawfully appropriated for its performance. (d) The Borough may delay or withhold payments from the Contractor for any of the following reasons: 1)The application for payment misstates the amount of services completed; or 2)Defective services not remedied. In the event funds are delayed or withheld the Borough shall provide the Contractor notice of the amount withheld and the basis upon which it is withheld. Section 5: Borough's Contracting Officer. For purposes of this Agreement, the Borough’s contracting officer shall be the Borough Manager or such other person as is designated in writing by the Borough Manager. Section 6: Contractor Qualified. The Contractor expressly represents and warrants it is now and shall continue to be at all times during the performance of this Agreement, the holder of all required or necessary professional, business or other licenses or permits and is qualified and AGENDA ITEM #14.A.2. Contract No. FY2023-17 Approval Of Two-Year Contract With RTS Auto For A...Page 63 of 135 Kodiak Island Borough Auto Repair and Tire Services Page 3 of 16 Attachment 2: Agreement capable of performing all of the work covered or called for by this Agreement and is presently ready, able and willing to undertake and perform all of such work and services, and to supply all necessary materials and equipment, at the times, and in a non-negligent professional and workmanlike manner, and pursuant to the terms, conditions and provisions, and for the compensation and payments as herein provided. Section 7: Termination. (a)By Consent. This Agreement may be terminated in whole or in part by the mutual consent of the parties. Such consent shall be in writing. (b)Termination for Cause. This Agreement may be terminated in whole or in part in writing by Borough in the event of failure by Contractor to fulfill any of the terms and conditions of this Agreement upon the giving of not less than five (5) calendar days prior written notice of intent to terminate in the manner provided in Part 1, Section 10, hereof. (c)Termination for Convenience of Borough. This Agreement may be terminated in whole or in part in writing by the Borough for Borough’s convenience provided the Contractor is given not less than thirty (30) calendar days prior written notice of intent to terminate in the manner provided in Part 1, Section 10, hereof. (d)In the event termination by the Borough is effected pursuant to (b) above, the Contractor shall not be entitled to receive any further payment until the work is completed, or the Borough elects to not proceed further with the project. Upon completion of the work, or termination of the project in the event the Borough elects to not proceed with the project, the Contractor shall be paid as follows: 1)In the event the costs and expense of taking over, re-advertising and completing the project or the costs of closing out the project if the Borough elects to not proceed with the project (hereinafter referred to as "close out costs"), exceed the remaining unpaid amount of this Agreement, any amount which was otherwise due and unpaid to Contractor at the time of termination shall be applied to such increased costs in taking over, re-advertising and completing the project, (or applied to close out costs) and the remaining amount of such costs, if any, shall be paid by the Contractor to the Borough. 2)In the event said costs and expense of taking over, re-advertising and completing the project, (or close out costs) are less than the total amount which was otherwise due and unpaid to the Contractor at the time of termination, the increased costs of taking over and completing the project (or the close out costs) shall be deducted from the amounts due the Contractor and the balance, if any, paid to the Contractor without interest. (e)Upon receipt of a termination notice pursuant to paragraphs (b), (c), or (d) above, the Contractor shall promptly discontinue all services (unless the notice directs otherwise), and deliver or otherwise make available to the Borough all data, drawings, notes, specifications, reports, estimates, summaries, work in progress, and any and all other information and/or materials as may have been accumulated by the Contractor in performing this Agreement, whether completed or in process, and free and clear of any mechanics or other liens or claims in favor of Contractor or any other person. AGENDA ITEM #14.A.2. Contract No. FY2023-17 Approval Of Two-Year Contract With RTS Auto For A...Page 64 of 135 Kodiak Island Borough Auto Repair and Tire Services Page 4 of 16 Attachment 2: Agreement (f)Upon termination pursuant to paragraphs (b), (c), or (d) above, the Borough may, but shall not be required to, take over the work and prosecute the same to completion by agreement with another person or otherwise, may elect to complete the work itself, or to not proceed further with the work and project. (g)If, after termination by the Borough pursuant to (b) above, it is determined that the Contractor had not so failed, the termination shall be deemed to have been affected for the convenience of the Borough. In such event, adjustment of the amounts to be paid to Contractor for termination shall be made as provided in paragraph (f) of this Section. (h)No other damages, whether for lost profits or otherwise, other than the amounts allowed and computed as provided for in this Section 7 shall be due or payable to Contractor in the event of termination. Section 8: Conflict of Interest. The Contractor covenants, warrants and represents that the Contractor has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner with the subject matter or the performance of this Agreement. The Contractor further covenants, warrants and represents that in the performance of this Agreement, no person having any such interest shall be employed. Section 9: Assignment and Subletting Prohibited. The Contractor shall not assign, transfer, convey, pledge, hypothecate, sublet, subcontract, or otherwise dispose of or encumber this Agreement, or the rights thereunder, nor shall the Contractor delegate any of his/her/its duties hereunder without the prior written consent of the Borough. Any such attempted assignment, transfer, conveyance, pledge, hypothecation, subletting, or other disposition, or the attempted assignment, disposition or delegation of duties or rights shall be null and void and of no force or effect and shall be grounds and cause for immediate termination of this Agreement without liability by and at the option of the Borough. Section 10: Notice. (a)Any notice, demand, request, consent, approval, or other communication that either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail at the address set forth below. Either party may change its address by notifying the other party of its change of address in writing. Notice shall be deemed to have been duly made and given when delivered if served personally, or upon the expiration of twenty-four (24) hours after the time of mailing if mailed as provided in this Section. Borough: Kodiak Island Borough ATT: Engineering & Facilities 710 Mill Bay Road Kodiak, AK 99615 Contractor: __________________ (b)The performance and administration of this program and this Agreement will be monitored by the Borough and such other agencies as may be required or authorized pursuant to AGENDA ITEM #14.A.2. Contract No. FY2023-17 Approval Of Two-Year Contract With RTS Auto For A...Page 65 of 135 Kodiak Island Borough Auto Repair and Tire Services Page 5 of 16 Attachment 2: Agreement the terms of any grant to the Borough. Necessary reports, in proper form, will be required as a prerequisite to any payment to the Contractor. (c)All project records shall be maintained by the Contractor for not less than three (3) years after completion and final acceptance of all work by the Borough and shall be subject to inspection and copying by the Borough or any funding agency during said period. Section 11: Status of Parties. (a)Independent Contractor. The Contractor shall perform its obligations hereunder as an independent contractor of the Borough. The Borough may administer the contract and monitor the Contractor’s compliance with its obligations hereunder. The Borough shall not supervise or direct the Contractor other than as provided in this Section. (b)Relationship of the Parties. Nothing herein contained shall be deemed or construed by the parties hereto, nor by any third party, as creating the relationship of principal and agent or of partnership or of joint venture between the parties hereto, it being understood and agreed that neither method of computation of payment nor any other provision contained herein, nor any acts of the parties hereto, shall be deemed to create any relationship between the parties hereto other than the relationship of Borough and an independent Contractor. Section 12: Hold Harmless and Indemnity. (a)The Contractor shall indemnify, defend, save and hold the Borough, its officers, employees and agents harmless from any and all claims, lawsuits, liabilities, penalties, or fines, including attorney's fees and costs, allegedly arising out of, in connection with, or incident to any loss, damage or injury to persons or property occurring as a result of the Contractor’s or any subcontractor's intentional misconduct or negligent acts, errors or omissions in its performance pursuant to this contract. (b)Contractor further agrees to appear and defend, and to indemnify and save free and harmless the Borough and its officers, employees and agents from and against any of the foregoing claims, liabilities, penalties, fines or damages, whether or not valid, and for any cost and expense, including reasonable attorney's fees, incurred by the Borough, its officers, employees or agents on account of any claim therefore, including claims by reasons of any defects in any plans, drawings, specifications, computer programs, technical reports, or other work product of Contractor prepared for or submitted to the Borough pursuant to this Agreement provided said claim is not based upon a use of said plans, drawings, specifications or other work product for other than the purposes for which such data was prepared and submitted to the Borough. (c)Contractor shall keep the work free from all liens and shall indemnify and defend the Borough and hold it harmless from any claims of Contractor’s subcontractors or suppliers. Section 13: No Third-Party Beneficiaries. Nothing in this Agreement shall be construed to give any person other than the Borough and the Contractor any legal or equitable right, remedy or claim under this Agreement, but it shall be held to be for the sole and exclusive benefit of the Borough and the Contractor. Section 14: Compliance with Laws and Regulations. Contractor shall, at Contractor’s sole cost and expense, comply with all of the requirements of all local, state, or federal laws, AGENDA ITEM #14.A.2. Contract No. FY2023-17 Approval Of Two-Year Contract With RTS Auto For A...Page 66 of 135 Kodiak Island Borough Auto Repair and Tire Services Page 6 of 16 Attachment 2: Agreement ordinances, or regulations now in force, or which may hereafter be in force, pertaining to this Agreement, or the project or work to be performed, and shall faithfully observe in the performance of this Agreement, all local, state, and federal laws, ordinances and regulations now in force or which may hereafter be in force. When a change in laws, ordinances or regulations results in additional costs, the Contractor may request a change order to cover those costs. Any such change order shall be limited to the Contractor’s actual additional costs as a result of the change. The Contractor shall pay all taxes pertaining to its performance under this contract. Section 15: Successors and Assigns. Except as otherwise provided herein, the covenants, agreements and obligations herein contained shall extend to bind and inure to the benefit not only of the parties hereto but their respective personal representatives, heirs, successors and assigns. Section 16: Miscellaneous. (a)Terminology. Whenever herein the singular number is used, the same shall include the plural, and the masculine gender shall include the feminine and neuter genders. (b)Law Applicable. The laws of the State of Alaska shall govern the construction, validity, performance and enforcement of this Agreement. Venue as to any action, claim, or proceeding arising out of, or based upon this Agreement, including, but not limited to, any action for declaratory or injunctive relief, shall be the appropriate Court sitting in the City of Kodiak, Third Judicial District, Alaska. (c)Paragraph Headings. The headings of the several sections and subsections contained herein are for convenience only and do not define, limit, or construe the contents of such sections and subsections. (d)Terms Construed as Covenants and Conditions. Every term and each provision of this Agreement performable by Contractor shall be construed to be both a covenant and a condition. (e)Time of the Essence. Time is of the essence of each term, condition, covenant, and provision of this Agreement. (f)Severability. In the event any provision of this Agreement is adjudicated or held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. (g)Nonwaiver. No delay or omission of the right to exercise any power by either party shall impair any such right or power, or be construed as a waiver of any default or as acquiescence therein. One or more waivers of any covenant, term, or condition of this Agreement by either party shall not be construed by the other party as a waiver of a subsequent breach of the same covenant, term or condition. The consent or approval by either party to any act by the other party of a nature requiring consent or approval shall not be deemed to waive or render unnecessary consent to or approval of any subsequent similar act. Section 17: Amendment. (a)This contract shall only be amended, modified, or changed by writing, executed by authorized representatives of the parties. (b)For the purpose of any amendment modification or change to the terms and conditions of this contract, the only authorized representatives of the parties are: AGENDA ITEM #14.A.2. Contract No. FY2023-17 Approval Of Two-Year Contract With RTS Auto For A...Page 67 of 135 Kodiak Island Borough Auto Repair and Tire Services Page 7 of 16 Attachment 2: Agreement 1)Kodiak Island Borough, Borough Manager or designee 2) ________________________ (c)Any attempt to amend, modify, or change this contract by either an unauthorized representative or unauthorized means shall be void. Section 18: Entire Agreement. This Agreement and any schedules, appendices or exhibits attached hereto sets forth all the covenants, promises, agreements, conditions, and understandings between the parties hereto, and there are no covenants, promises, agreements, conditions or understandings, either oral or written, between them other than as herein set forth. Except as herein otherwise expressly provided, no contemporaneous or subsequent agreement, understanding, alteration, amendment, change or addition to this Agreement, or any schedule, appendix, exhibit, or attachment thereto shall be binding upon the parties hereto unless reduced to writing and signed by both parties. This Agreement constitutes a final, complete, and exclusive statement of the agreement between the parties. PART II SPECIAL PROVISIONS Section 1: Insurance. (a)During the entire period of the project or work, the Contractor shall provide the following types of insurance. The Borough shall be insured as additional insured on all insurance policies except professional liability contracts. All policies shall have a thirty (30) day cancellation clause. 1.Comprehensive automobile liability, bodily injury, and property damage, including all owned, hired and non-owned, automobile - $1,000,000 per each accident 2.Workers' compensation as required by law and employer's liability coverage at a minimum of $1,000,000. 3.Commercial general liability insurance - $1,000,000 per occurrence and $2,000,000 aggregate. (b)Each policy of insurance required by this Section shall provide for no less than thirty (30) days’ advance notice to the Borough prior to cancellation. Insurance certificates will be required to be submitted for review by the Borough Manager before the Borough will issue a notice to proceed. Failure to maintain coverage is a material breach and grounds for termination of the contract. (c) Should the Contractor fail to comply with the insurance requirements of this Agreement, the Kodiak Island Borough may terminate the Agreement on ten (10) days written notice. Section 2: Equal Employment Opportunity. (a)The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, disability, national origin, ancestry, age, or sex. The Contractor will take affirmative action to ensure that applicants are employed and that employees AGENDA ITEM #14.A.2. Contract No. FY2023-17 Approval Of Two-Year Contract With RTS Auto For A...Page 68 of 135 Kodiak Island Borough Auto Repair and Tire Services Page 8 of 16 Attachment 2: Agreement are treated during employment without regard to their race, color, religion, disability, national origin, ancestry, age, or sex. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. (b)The Contractor shall state in all solicitations or advertisements for employees to work on contract jobs to be let in the performance of this Agreement, that all qualified applicants will receive consideration for employment without regard to race, color, religion, disability, national origin, ancestry, age, or sex. (c)The Contractor agrees to fully cooperate with the office or agency of the State of Alaska which seeks to deal with the problem of unlawful or invidious discrimination, and with all other State efforts to guarantee fair employment practices under this Agreement, and said Contractor will comply promptly with all requests and directions from the State Commission of Human Rights or any of its officers or against relating to prevention of discriminatory employment practice. (d)Full cooperation as expressed in the foregoing clause (c) shall include, but not be limited to, being a witness in any proceeding involving questions of unlawful or invidious discrimination if such is deemed necessary by any official or agency of the State of Alaska, permitting employees of said Contractor to be witnesses or complainants in any proceeding involving questions of unlawful or invidious discrimination, if such is deemed necessary by any official or agency of the State of Alaska, or the Borough, participating in meetings, submitting periodic reports on the equal employment aspects of present and future employment, assisting in inspection of relevant facilities, and promptly complying with all State directives deemed essential by any office or agency of the State of Alaska, or the Borough, to insure compliance with all federal and state laws, regulations, and policies pertaining to the prevention of discriminatory employment practices. (e)Failure to perform any of the above agreements pertaining to equal employment opportunities shall be deemed a material breach of the contract and sufficient grounds for termination of this Agreement for cause without liability. Section 3: Contractor Responsible for Personnel. The Contractor has or will secure, at Contractor's own cost and expense, all personnel required to perform this Agreement in a timely and proper manner. The parties hereto agree and understand that such personnel shall in no event be deemed to be, and are not, employees, agents, or representatives of the Borough and such persons shall have no contractual or other relationship with the Borough, and the Borough shall have no responsibility or liability whatsoever to any of said persons, or for the acts or omissions of any of such persons. Section 4: Personnel Supervision. Contractor agrees that all work and services required or provided under this Agreement shall be performed personally by the Contractor, unless otherwise authorized in writing by the Borough’s contracting officer, and in such event all personnel engaged in any such work shall be fully qualified, and shall be licensed and authorized under applicable state, federal and local laws to perform such services. AGENDA ITEM #14.A.2. Contract No. FY2023-17 Approval Of Two-Year Contract With RTS Auto For A...Page 69 of 135 Kodiak Island Borough Auto Repair and Tire Services Page 9 of 16 Attachment 2: Agreement Section 5: Corporate Authority. If Contractor is a corporation, Contractor shall deliver to the Borough at the time of execution of this Agreement a certified copy of a resolution of its board of directors authorizing the execution of this Agreement and naming the officers that are authorized to execute this Agreement on behalf of the corporation. Section 6: Additional Terms and Conditions. This Agreement is subject to each of the additional terms, covenants, conditions, and provisions outlined in the scope of work attached hereto as Exhibit A, which are hereby expressly referred to and incorporated herein as though set forth in full. AGENDA ITEM #14.A.2. Contract No. FY2023-17 Approval Of Two-Year Contract With RTS Auto For A...Page 70 of 135 Kodiak Island Borough Auto Repair and Tire Services Page 10 of 16 Attachment 2: Agreement ACKNOWLEDGMENTS Wherefore the parties have entered into this Agreement the date and year first above written. Date:____________________ KODIAK ISLAND BOROUGH: By:_____________________________ David Conrad Interim Borough Manager ATTEST: By:_____________________________ Nova M. Javier, Borough Clerk APPROVED AS TO FORM: By :_____________________________ Scott A. Brandt-Erichsen Borough Attorney CONTRACTOR: Date:_____________________ By:_____________________________ Title: ___________________________ AGENDA ITEM #14.A.2. Contract No. FY2023-17 Approval Of Two-Year Contract With RTS Auto For A...Page 71 of 135 Kodiak Island Borough Auto Repair and Tire Services Page 11 of 16 Attachment 2: Agreement BOROUGH ACKNOWLEDGMENTS STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this ____ day of ______________, 2022, before me, the undersigned, a notary public in and for the State of Alaska, duly commissioned and sworn, personally appeared David Conrad, to me known to be the Interim Borough Manager of the Kodiak Island Borough, a municipal corporation, the corporation which executed the above and foregoing instrument; who on oath stated that he was duly authorized to execute said instrument on behalf of said corporation; who acknowledged to me that he signed the same freely and voluntarily on behalf of said corporation for the uses and purposes therein mentioned. WITNESS my hand and official seal the day and year in the certificate first above written. ________________________________ (Seal) NOTARY PUBLIC FOR ALASKA My Commission Expires: ____________ STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this ___ day of ____________, 2022, before me, the undersigned, a notary public in and for the State of Alaska, duly commissioned and sworn, personally appeared Nova M. Javier, to me known to be the Borough Clerk of the Kodiak Island Borough, a municipal corporation, the corporation which executed the above and foregoing instrument; who on oath stated that she was duly authorized to execute said instrument on behalf of said corporation; who acknowledged to me that she signed the same freely and voluntarily on behalf of said corporation for the uses and purposes therein mentioned. WITNESS my hand and official seal the day and year in the certificate first above written. ________________________________ (Seal) NOTARY PUBLIC FOR ALASKA My Commission Expires: ____________ AGENDA ITEM #14.A.2. Contract No. FY2023-17 Approval Of Two-Year Contract With RTS Auto For A...Page 72 of 135 Kodiak Island Borough Auto Repair and Tire Services Page 12 of 16 Attachment 2: Agreement AGENDA ITEM #14.A.2. Contract No. FY2023-17 Approval Of Two-Year Contract With RTS Auto For A...Page 73 of 135 Kodiak Island Borough Auto Repair and Tire Services Page 13 of 16 Attachment 2: Agreement ACKNOWLEDGMENT LIMITED LIABILITY COMPANY STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) I, _____________, a Notary Public, in and for the State of_________________, hereby certify that ___________________________________________, whose name as manager/member of _________________________________, LLC., is signed to the foregoing instrument and who is known to me, acknowledged before me on this day that, being informed of the contents of the instrument, he or she, as such officer and with full authority, executed the same voluntarily for and as the act of said limited liability company. WITNESS my hand and official seal the day and year in this certificate above written. ________________________________ (Seal) NOTARY PUBLIC FOR ALASKA My Commission Expires: ____________ CORPORATE CERTIFICATE I,_______________________ , certify that I am the Secretary of the Corporation named as Contractor in the foregoing instrument; that______________________________, who signed said instrument on behalf of the Contractor, was then ___________________ of said Corporation; that said instrument was duly signed for and on behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. __________________________________ Signature AGENDA ITEM #14.A.2. Contract No. FY2023-17 Approval Of Two-Year Contract With RTS Auto For A...Page 74 of 135 Kodiak Island Borough Auto Repair and Tire Services Page 14 of 16 Attachment 2: Agreement CORPORATE ACKNOWLEDGMENT STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this ____ day of _________________ , 2022, before me, the undersigned, a Notary Public in and for the State of _______________ , duly commissioned and sworn, personally appeared _____________________(Name) and ______________________ (Name) known to be the President and Secretary of _________________________, the corporation which executed the above and foregoing instrument, and who on oath stated they were duly authorized to execute said instrument and acknowledged that they signed the same freely and voluntarily on behalf of said corporation for the purposes therein mentioned. WITNESS my hand and official seal the day and year in this certificate above written. ________________________________ (Seal) NOTARY PUBLIC FOR ALASKA My Commission Expires: ____________ AGENDA ITEM #14.A.2. Contract No. FY2023-17 Approval Of Two-Year Contract With RTS Auto For A...Page 75 of 135 Kodiak Island Borough Auto Repair and Tire Services Page 15 of 16 Attachment 2: Agreement EXHIBIT A INVITATION TO BID AGENDA ITEM #14.A.2. Contract No. FY2023-17 Approval Of Two-Year Contract With RTS Auto For A...Page 76 of 135 Kodiak Island Borough Auto Repair and Tire Services Page 16 of 16 Attachment 2: Agreement EXHIBIT B CONTRACTOR’S BID PACKAGE AS SUBMITTED AGENDA ITEM #14.A.2. Contract No. FY2023-17 Approval Of Two-Year Contract With RTS Auto For A...Page 77 of 135 Kodiak Island Borough Auto Repair and Tire Services Page 1 of 1 Attachment 3: Bidder Registration Form IMPORTANT BIDDER REGISTRATION FORM Upon receipt of these bid documents, the Bidder shall fill out the information below and return to the Kodiak Island Borough in order to provide contact information to receive notification about additional information, addendum and any other information which may impact bid time or quantities. Only registered bidders will receive notifications. Name of Company: ____________________________________________________________ Contact Name: ________________________________________________________________ Address: _____________________________________________________________________ Phone Number: _______________________________________________________________ Fax Number: _________________________________________________________________ Email: _______________________________________________________________________ Return this form via fax, email, regular mail, or hand delivered to the following location: Patricia Valerior, E/F Secretary Engineering/Facilities Department Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615-6398 Phone: (907) 486-9343 Fax: (907) 486-9347 Email: pvalerio@kodiakak.us AGENDA ITEM #14.A.2. Contract No. FY2023-17 Approval Of Two-Year Contract With RTS Auto For A...Page 78 of 135 KODIAK ISLAND BOROUGH STAFF REPORT JANUARY 5, 2023 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Resolution No. FY2023-18 Adopting An Alternative Allocation Method For The FY23 Shared Fisheries Business Tax Program And Certifying That This Allocation Method Fairly Represents The Distribution Of Significant Effects Of Fisheries Business Activity In FMA 13: Kodiak Area ORIGINATOR: Dora Cross, Finance Director RECOMMENDATION: Move to adopt Resolution No. FY2023-18. DISCUSSION: The State of Alaska, Department of Commerce, Community and Economic Development's Shared Fisheries Business Tax Program was created in 1990 to help municipalities impacted by the effects of the rapidly expanding offshore fish processing industry by collecting a tax from fish processors and sharing the collected taxes with affected municipalities. Applications must be submitted annually by municipalities to receive an allocation from the program. This year the deadline is February 15, 2023. Kodiak Island Borough, along with the other municipalities in the FMA 13: Kodiak Area, have agreed to use an alternative allocation method instead of the standard allocation method. For the FY2023 Shared Fisheries Business Tax applications, the agreed to alternative allocation method calculation for FMA 13: Kodiak is: • 50% of the allocation is shared equally between all municipalities in the area • the remaining 50% of the allocation is shared on a per capita basis o Kodiak Island Borough's population is reduced by the population of the cities of Akhiok, Kodiak, Larsen Bay, Old Harbor, Ouzinkie and Port Lions. The total calculated allocation to the Kodiak Area FMA is $247,414.10 (based on FY22 data). The Borough's calculated share of Business taxes is $81,109 and Landing Tax is $1,964, for a total of $83,074. In FY22, the Borough received a total of $49,523. This resolution, indicating the assembly has approved the Alternative Allocation Method, is a required attachment to the FY2023 Shared Fisheries Business Tax Program application. ALTERNATIVES: Not approving the resolution would mean the Borough would not participate in the State of Alaska's Shared Fisheries Business Tax Program, and would not receive $83,074 of revenues. FISCAL IMPACT: Estimated revenues to the Borough through the State of Alaska's Shared Fisheries Business Tax Program of $83,074. OTHER INFORMATION: AGENDA ITEM #14.B.1. Resolution No. FY2023-18 Adopting An Alternative Allocation Method For T...Page 79 of 135 KODIAK ISLAND BOROUGH STAFF REPORT JANUARY 5, 2023 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Ordinance No. FY2023-02B Of The Assembly Of The Kodiak Island Borough Amending Ordinance No. FY2023-02, Fiscal Year 2023 Budget, By Amending Budgets And Appropriations To Account For The Additional School Bond Debt Reimbursement Payments Received From The State Of Alaska ORIGINATOR: Dora Cross, Finance Director RECOMMENDATION: Move to advance Ordinance No. FY2023-02B to public hearing at the next regular meeting of the Assembly. DISCUSSION: Update (12/29/22 Work Session Requests) Assembly requested the $3,032,815 allocated to the two school roofing projects be re-allocated to the Renewal & Replacement fund ($2,472,815) and the Borough Vehicle Replacement project ($560,000). Original Beginning in 2017, the Governor’s budgets reduced or eliminated appropriations for the School Construction Debt Reimbursement Program. Reimbursement Reductions: • 2017 reduced by 25% or $1,015,079 • 2018 reduced by 0% • 2019 reduced by 0% • 2020 reduced by 50% or $2,712,401 • 2021 reduced by 100% or $5,336,799 • 2022 reduced by 63% or $3,249,012 Since reductions to the reimbursement program were made after the Borough adopted their budget, taking the reductions into consideration when calculating the annual mill rates was not possible. To fill the gap in funding, other funds had to make up the difference so our debt service payments could be made. Funds contributing money to the Debt Service fund to make bond payments: • General Fund $5,319,272 • KIBSD (Education Support) $1,632,815 • Facilities Fund $2,213,366 • Renewal & Replacement $1,574,487 At the close of FY2022, the State of Alaska approved CCS HB 281 which appropriated an additional $220 million of funding to the School Construction Debt Reimbursement Program. This appropriation was enough to reach back and fully fund the unpaid reimbursements from AGENDA ITEM #14.C.1. Ordinance No. FY2023-02B Of The Assembly Of The Kodiak Island Borough Am...Page 80 of 135 KODIAK ISLAND BOROUGH STAFF REPORT JANUARY 5, 2023 ASSEMBLY REGULAR MEETING Kodiak Island Borough 2017, 2020, 2021 and 2022 and in late August the Borough received $12,313,291 of that funding. In recognition of the receipt of those makeup reimbursement funds, this ordinance seeks to repay the funds that contributed money to cover the shortfall in the Debt Service fund and retain the current fund status as an IRS approved Bona Fide Debt Service Fund. One of the contributors to the shortfall, KIBSD, is not eligible to receive a direct reimbursement since a payment to them would violate the State's rules for local support and could count against them for future federal and state funding. So, as an alternative, staff is recommending that the $1,632,815 they contributed be split between the needed school roof repairs on East Elementary and North Star Elementary ($816,407.50 to each). Since the remaining $1,573,351 reimbursement we received exceed the contributions from other funds (some years the mill rate was increased with the expectation that less than full reimbursement funding would occur thereby reducing the need for other contributions), staff is recommending that amount be allocated as follows: • $700,000 to the East Elementary School Roof Repair project, and • $700,000 to the North Star Elementary Roof and Skylight Repair project, and • $173,351 be allowed to stay in the Debt Service fund (estimated fund balance at year- end $230,364 which is within IRS balance tolerances). ALTERNATIVES: FISCAL IMPACT: Net effect of Ordinance: General Fund - increased by $5,319,272 Facilities Fund - increased by $2,213,366 Debt Service Fund - increased by $173,351 Borough Vehicle Replacement project - increased by $560,000 Renewal & Replacement Fund - increased by $1,574,487 $4,047,302 East Elementary Roof Repair Project - increased by $1,516,407 North Star Roof and Skylight Repair Project - increased by $1,516,408 OTHER INFORMATION: AGENDA ITEM #14.C.1. Ordinance No. FY2023-02B Of The Assembly Of The Kodiak Island Borough Am...Page 81 of 135 Ordinance No. FY2023-02B Page 1 of 2 KODIAK ISLAND BOROUGH 1 ORDINANCE NO. FY2023-02B 2 3 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING 4 ORDINANCE NO. FY2023-02, FISCAL YEAR 2023 BUDGET, BY AMENDING BUDGETS AND 5 APPROPRIATIONS TO ACCOUNT FOR THE ADDITIONAL SCHOOL BOND DEBT 6 REIMBURSEMENT PAYMENTS RECEIVED FROM THE STATE OF ALASKA. 7 8 WHEREAS, the Governor’s budgets for fiscal years 2017, 2020, 2021 and 2022 did not fully 9 fund the School Debt Reimbursements Program; and 10 11 WHEREAS, State of Alaska CCS HB 281 appropriated $220 million in FY2023 to fund the 12 School Debt Reimbursement Program at full reimbursement for those years previously funded at 13 less than full reimbursements; and 14 15 WHEREAS, the Kodiak Island Borough received $12,313,291 of reimbursement funding as a 16 result of the additional appropriation, attached as Appendix A, and will reimburse $9,107,125 back 17 to the General Fund, the Facilities Fund and the Renewal & Replacement Fund to repay their 18 contributions to the Debt Service fund which enabled the Borough to make the required debt 19 service payments; and 20 21 WHEREAS, of the remaining $3,206,166 of non-reimbursable money contributed to the Debt 22 Service fund, $173,351 will be retained within the Debt Service fund and $1,516,407 will be 23 allocated to the East Elementary School Roof Repair project and $1,516,408 will be allocated to 24 the North Star Elementary Roof and Skylight Repair project , $560,000 will be allocated to the 25 Borough Vehicle Replacement project, and $2,472,815 will be allocated to the Renewal & 26 Replacement Fund. 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 29 BOROUGH that: 30 31 Section 1: This ordinance is not of a general and permanent nature and shall not become a part 32 of the Kodiak Island Borough Code of Ordinances. 33 34 Section 2: The following budget amendments are made and supplemental appropriations and 35 transfers are approved. 36 37 Fund-Department/Project # Amount of Budget Increase, Additional Appropriation & Transfer Amounts 100 General Fund $5,319,272 276 Facilities Fund $2,213,366 300 Debt Service $173,351 Version 2 AGENDA ITEM #14.C.1. Ordinance No. FY2023-02B Of The Assembly Of The Kodiak Island Borough Am...Page 82 of 135 Ordinance No. FY2023-02B Page 2 of 2 469 East Elementary Roof Repair/ #22004 $1,516,407 469 North Star Elementary Roof & Skylight Repair / #23002 $1,516,408 415 Borough Vehicle Replacement /#23003 $560,000 469 Renewal & Replacement $4,047,302 $1,574,487 38 39 Effective Date: This ordinance takes effect upon adoption. 40 41 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 42 THIS _____ DAY OF_________________, 2023 43 44 KODIAK ISLAND BOROUGH 45 46 ATTEST: 47 ___________________________ 48 Aimee Williams, Mayor ______________________________ 49 Nova M. Javier, MMC, Borough Clerk 50 Introduced by: Manager 51 First reading: 52 Second reading/public hearing: 53 54 VOTES: 55 Ayes: 56 Noes: 57 58 59 60 AGENDA ITEM #14.C.1. Ordinance No. FY2023-02B Of The Assembly Of The Kodiak Island Borough Am...Page 83 of 135 Transfered to Debt Service From:201720182019202020212022TotalsGeneral Fund (Note 1)635,113$ (492,936)$ (142,177)$ 3,016,076$ 2,303,196$ 5,319,272$ Education Support (Note 2)1,632,815$ 1,632,815$ Facilities Fund 151,858$ 65,105$ 338,982$ 830,105$ 827,316$ 2,213,366$ Renewal & Replacement1,574,487$ 1,574,487$ 786,971$ (427,831)$ 196,805$ 2,462,920$ 5,417,879$ 2,303,196$ 10,739,940$ Note 1: The 2017 loan from the General Fund was paid back with an additional Debt Service mill rate increase in 2018 and 2019. Note 2: Contribution from School District is not allowed to be returned without voilating State maximum local funding limits.HB 281 State Reimbursements of School Construction Debt Payments:Year ReimbursedFY2017 1,015,079$ FY2020 2,712,401$ FY2021 5,336,799$ FY2022 3,249,012$ Total Received 12,313,291$ Ordinance FY23‐02B Appropriation of Reimbursements:OriginalVersion 2General Fund 5,319,272$ 5,319,272$ Facilities Fund 2,213,366$ 2,213,366$ Retained by Debt Service 173,351$ 173,351$ East Elementary Roof project 1,516,407$ ‐$ North Star Roof & Skylight project 1,516,408$ ‐$ Borough Vehicle Replacement project‐$ 560,000$ Renewal & Replacement 1,574,487$ 4,047,302$ Total Disbursed 12,313,291$ 12,313,291$ Kodiak Island BoroughDebt Service Fund Transfer Activity, State Reimbursement Payments and Payment Appropriations APPENDIX A Version 2G:\Bonded Debt\Debt Reimbursement\Distribution for FY2017‐2022 additional SOA reimbursements.xlsxAGENDA ITEM #14.C.1. Ordinance No. FY2023-02B Of The Assembly Of The Kodiak Island Borough Am...Page 84 of 135 Ordinance No. FY2023-02B Page 1 of 2 KODIAK ISLAND BOROUGH 1 ORDINANCE NO. FY2023-02B 2 3 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING 4 ORDINANCE NO. FY2023-02, FISCAL YEAR 2023 BUDGET, BY AMENDING BUDGETS AND 5 APPROPRIATIONS TO ACCOUNT FOR THE ADDITIONAL SCHOOL BOND DEBT 6 REIMBURSEMENT PAYMENTS RECEIVED FROM THE STATE OF ALASKA. 7 8 WHEREAS, the Governor’s budgets for fiscal years 2017, 2020, 2021 and 2022 did not fully 9 fund the School Debt Reimbursements Program; and 10 11 WHEREAS, State of Alaska CCS HB 281 appropriated $220 million in FY2023 to fund the 12 School Debt Reimbursement Program at full reimbursement for those years previously funded at 13 less than full reimbursements; and 14 15 WHEREAS, the Kodiak Island Borough received $12,313,291 of reimbursement funding as a 16 result of the additional appropriation, attached as Appendix A, and will reimburse $9,107,125 back 17 to the General Fund, the Facilities Fund and the Renewal & Replacement Fund to repay their 18 contributions to the Debt Service fund which enabled the Borough to make the required debt 19 service payments; and 20 21 WHEREAS, of the remaining $3,206,166 of non-reimbursable money contributed to the Debt 22 Service fund, $173,351 will be retained within the Debt Service fund and $1,516,407 will be 23 allocated to the East Elementary School Roof Repair project and $1,516,408 will be allocated to 24 the North Star Elementary Roof and Skylight Repair project. 25 26 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 27 BOROUGH that: 28 29 Section 1: This ordinance is not of a general and permanent nature and shall not become a part 30 of the Kodiak Island Borough Code of Ordinances. 31 32 Section 2: The following budget amendments are made and supplemental appropriations and 33 transfers are approved. 34 35 Fund-Department/Project # Amount of Budget Increase, Additional Appropriation & Transfer Amounts 100 General Fund $5,319,272 276 Facilities Fund $2,213,366 300 Debt Service $173,351 469 East Elementary Roof Repair/ #22004 $1,516,407 AGENDA ITEM #14.C.1. Ordinance No. FY2023-02B Of The Assembly Of The Kodiak Island Borough Am...Page 85 of 135 Ordinance No. FY2023-02B Page 2 of 2 469 North Star Elementary Roof & Skylight Repair / #23002 $1,516,408 469 Renewal & Replacement $1,574,487 36 37 Effective Date: This ordinance takes effect upon adoption. 38 39 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 40 THIS _____ DAY OF_________________, 2023 41 42 KODIAK ISLAND BOROUGH 43 44 ATTEST: 45 ___________________________ 46 Aimee Williams, Mayor ______________________________ 47 Nova M. Javier, MMC, Borough Clerk 48 Introduced by: Manager 49 First reading: 50 Second reading/public hearing: 51 52 VOTES: 53 Ayes: 54 Noes: 55 56 57 58 AGENDA ITEM #14.C.1. Ordinance No. FY2023-02B Of The Assembly Of The Kodiak Island Borough Am...Page 86 of 135 APPENDIX A Transfered to Debt Service From:2017 2018 2019 2020 2021 2022 Totals General Fund (Note 1)635,113$ (492,936)$ (142,177)$ 3,016,076$ 2,303,196$ 5,319,272$ Education Support (Note 2)1,632,815$ 1,632,815$ Facilities Fund 151,858$ 65,105$ 338,982$ 830,105$ 827,316$ 2,213,366$ Renewal & Replacement 1,574,487$ 1,574,487$ 786,971$ (427,831)$ 196,805$ 2,462,920$ 5,417,879$ 2,303,196$ 10,739,940$ Note 1: The 2017 loan from the General Fund was paid back with an additional Debt Service mill rate increase in 2018 and 2019. Note 2: Contribution from School District is not allowed to be returned without voilating State maximum local funding limits. HB 281 State Reimbursements of School Construction Debt Payments: Year Reimbursed FY2017 1,015,079$ FY2020 2,712,401$ FY2021 5,336,799$ FY2022 3,249,012$ Total Received 12,313,291$ Ordinance FY23-02B Appropriation of Reimbursements: General Fund 5,319,272$ Facilities Fund 2,213,366$ Renewal & Replacement 1,574,487$ East Elementary Roof project 1,516,407$ North Star Roof & Skylight project 1,516,408$ Retained by Debt Service 173,351$ Total Disbursed 12,313,291$ Kodiak Island Borough Debt Service Fund Transfer Activity, State Reimbursement Payments and Payment Appropriations G:\Bonded Debt\Debt Reimbursement\Distribution for FY2017-2022 additional SOA reimbursements.xlsx AGENDA ITEM #14.C.1.Ordinance No. FY2023-02B Of The Assembly Of The Kodiak Island Borough Am...Page 87 of 135 Updated 11/17/22 dlc 11/16/2022 Cash Balance 10,412,858$ Bond Principal, Interest and Arbitrage Expenses Due 7,572,618$ Less Bond Principal, Interest and Arbitrage Expenses Paid 4,808,728 (2,763,890) (Remaining Expenses for January ‐ June) Estimated Nine Months of MVRT Revenue 558,000 558,000 (Nine months of new rate collections average $62k per month) Expected State of Alaska (SOA) Debt Reimbursement Revenue 5,151,462 (At 100% reimbursement rate) Less Received SOA Debt Reimbursement Revenue 988,126 4,163,336 (Remaining amount expected from SOA) Ordinance FY2023‐02B Distributions (12,139,940) Estimated 06/30/23 Ending Cash Balance 230,364$ (Reserve Policy Required Balance is $275,000) NOTES/COMMENTS: MVRT: The MVRT rate increase passed by the assembly in December of 2020 and went into effect January of 2022. Kodiak Island Borough FY23 Estimated Debt Service Fund Year End Cash Balance We receive MVRT revenues about 45 days after the SOA collects them; i.e., revenues collected by the State in December are not paid to us until February. AGENDA ITEM #14.C.1. Ordinance No. FY2023-02B Of The Assembly Of The Kodiak Island Borough Am...Page 88 of 135 De?nition of a bona ?de debt service fund (1993 IRS Regulations): 0 Is used primarily to achieve a proper matching of revenues with principal and interest payments within each bond year;and 0 Is depleted at least once each bond year,except for a reasonable carryover amount not to exceed the greater of: -the earnings on the fund for the immediate preceding bond year;or -one-twelfth of the principal and interest payments on the issue for the immediately preceding bond year. 0 Example:The bond year end is 8/1.Issue pays interest on 2/1 and 8/1 and principal on 8/1.Tax receipts are directly deposited in the Debt Service Fund from 3/1 through 6/30.Last bond year’s principal and interest payments totaled $1.2M. One-twelfth of $1.2M =$100K.Earnings on the fund last year totaled $70K.The balance in the Debt Service Fund on 8/2 of the new year is $150K.The Debt Service Fund is overfunded since the balance on the day after the bond year end was in excess of one-twelfth of last bond *If the servicefundisn_()tbona?de ( overfun ded), ACSwillneedtheinvestmentdata -for the servic e fundforthecomputation period (s). 59 75 S.Quebe c St.#205ICentennial,Colorado80111I800.672.9993|www.rebatebycs.com ARBI TRA GE COM PLIA NCE $ PEClAL ISTSl§ B o n a Fid e DebtServiceFund B O V D COM PLIA NCE SERVICES AGENDA ITEM #14.C.1.Ordinance No. FY2023-02B Of The Assembly Of The Kodiak Island Borough Am...Page 89 of 135 AGENDA ITEM #14.C.1. Ordinance No. FY2023-02B Of The Assembly Of The Kodiak Island Borough Am...Page 90 of 135 AGENDA ITEM #14.C.1. Ordinance No. FY2023-02B Of The Assembly Of The Kodiak Island Borough Am...Page 91 of 135 AGENDA ITEM #14.C.1. Ordinance No. FY2023-02B Of The Assembly Of The Kodiak Island Borough Am...Page 92 of 135 AGENDA ITEM #14.C.1. Ordinance No. FY2023-02B Of The Assembly Of The Kodiak Island Borough Am...Page 93 of 135 AGENDA ITEM #14.C.1. Ordinance No. FY2023-02B Of The Assembly Of The Kodiak Island Borough Am...Page 94 of 135 AGENDA ITEM #14.C.1. Ordinance No. FY2023-02B Of The Assembly Of The Kodiak Island Borough Am...Page 95 of 135 AGENDA ITEM #14.C.1. Ordinance No. FY2023-02B Of The Assembly Of The Kodiak Island Borough Am...Page 96 of 135 AGENDA ITEM #14.C.1. Ordinance No. FY2023-02B Of The Assembly Of The Kodiak Island Borough Am...Page 97 of 135 AGENDA ITEM #14.C.1. Ordinance No. FY2023-02B Of The Assembly Of The Kodiak Island Borough Am...Page 98 of 135 AGENDA ITEM #14.C.1. Ordinance No. FY2023-02B Of The Assembly Of The Kodiak Island Borough Am...Page 99 of 135 AGENDA ITEM #14.C.1. Ordinance No. FY2023-02B Of The Assembly Of The Kodiak Island Borough Am...Page 100 of 135 AGENDA ITEM #14.C.1. Ordinance No. FY2023-02B Of The Assembly Of The Kodiak Island Borough Am...Page 101 of 135 AGENDA ITEM #14.C.1. Ordinance No. FY2023-02B Of The Assembly Of The Kodiak Island Borough Am...Page 102 of 135 AGENDA ITEM #14.C.1. Ordinance No. FY2023-02B Of The Assembly Of The Kodiak Island Borough Am...Page 103 of 135 AGENDA ITEM #14.C.1. Ordinance No. FY2023-02B Of The Assembly Of The Kodiak Island Borough Am...Page 104 of 135 AGENDA ITEM #14.C.1. Ordinance No. FY2023-02B Of The Assembly Of The Kodiak Island Borough Am...Page 105 of 135 AGENDA ITEM #14.C.1. Ordinance No. FY2023-02B Of The Assembly Of The Kodiak Island Borough Am...Page 106 of 135 AGENDA ITEM #14.C.1. Ordinance No. FY2023-02B Of The Assembly Of The Kodiak Island Borough Am...Page 107 of 135 AGENDA ITEM #14.C.1. Ordinance No. FY2023-02B Of The Assembly Of The Kodiak Island Borough Am...Page 108 of 135 AGENDA ITEM #14.C.1. Ordinance No. FY2023-02B Of The Assembly Of The Kodiak Island Borough Am...Page 109 of 135 AGENDA ITEM #14.C.1. Ordinance No. FY2023-02B Of The Assembly Of The Kodiak Island Borough Am...Page 110 of 135 AGENDA ITEM #14.C.1. Ordinance No. FY2023-02B Of The Assembly Of The Kodiak Island Borough Am...Page 111 of 135 AGENDA ITEM #14.C.1. Ordinance No. FY2023-02B Of The Assembly Of The Kodiak Island Borough Am...Page 112 of 135 AGENDA ITEM #14.C.1. Ordinance No. FY2023-02B Of The Assembly Of The Kodiak Island Borough Am...Page 113 of 135 AGENDA ITEM #14.C.1. Ordinance No. FY2023-02B Of The Assembly Of The Kodiak Island Borough Am...Page 114 of 135 AGENDA ITEM #14.C.1. Ordinance No. FY2023-02B Of The Assembly Of The Kodiak Island Borough Am...Page 115 of 135 AGENDA ITEM #14.C.1. Ordinance No. FY2023-02B Of The Assembly Of The Kodiak Island Borough Am...Page 116 of 135 KODIAK ISLAND BOROUGH STAFF REPORT JANUARY 5, 2023 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Ordinance No. FY2023-13 Amending Kodiak Island Borough Title 17 Zoning, Chapter 180 Signs, Section 17.180.010 Signs, Description and Intent to Require Zoning Compliance Permits for Certain Signs. ORIGINATOR: Seema Garoutte, Assessor/Interim CDD Director RECOMMENDATION: Move to advance Ordinance No. FY2023 -13 to public hearing at the next regular meeting of the Assembly DISCUSSION: KIBC Code 17-180-010 calls for signs (whether it is for placement, addition of a new or moving an old) to be exempted from requiring a Zoning Compliance application being filled out and submitted to Community Development. 17.180.010- Description and intent. The intent of this chapter is to regulate signs so that they will not, by reason of their size, location, construction, or manner of display, endanger the public health, safety, or general welfare. It is further intended that this chapter will regulate signs in such a way as to support and complement the purposes and intent of this title as well as the economic growth of the community. A. Zoning compliance is not required for the installation of signs. B. Excluded from regulation are: flags, window displays, traffic and road signs. [Ord. 92-05 §2, 1992; Ord. 90-32 §2, 1990; Ord. 81-58-O §1, 1981. Formerly §17.60.010]. However, as shown in your packet, KIBC17.180.020 and 17.180.030, contain requirements that signs must adhere to. KIBC 17.15.060 Zoning Compliance states that the building official may not issue a building permit until CDD has verified a zoning compliance application. CDD provides Building and Safety a copy of all Zoning Compliance applications weather they have been approved or denied. Community Development proposes that KIBC 17.180.010 be updated, adding the verbiage unless a building permit or variance is required for the sign. This will insure that KIBC 17.15.060 and KIBC 17.180.010 work together and avoid confusion between the Community Development and Building & Safety departments. AGENDA ITEM #14.C.2. Ordinance No. FY2023-13 Amending Kodiak Island Borough Title 17 Zoning, ...Page 117 of 135 KODIAK ISLAND BOROUGH STAFF REPORT JANUARY 5, 2023 ASSEMBLY REGULAR MEETING Kodiak Island Borough ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #14.C.2. Ordinance No. FY2023-13 Amending Kodiak Island Borough Title 17 Zoning, ...Page 118 of 135 17.180.010 17.180.020 17.180.030 Chapter 17.180 SIGNS Sections: Description and intent. Residential zoning districts. Nonresidential zoning districts. *For statutory provisions regulating outdoor advertising, see AS 19.25. 17.180.010 Description and intent. The intent of this chapter is to regulate signs so that they will not, by reason of their size, location, construction, or manner of display, endanger the public health, safety, or general welfare. It is further intended that this chapter will regulate signs in such a way as to support and complement the purposes and intent of this title as well as the economic growth of the community. A. Zoning compliance is not required for the installation of signs. B. Excluded from regulation are: flags, window displays, traffic and road signs. [Ord. 92-05 §2, 1992; Ord. 90-32 §2, 1990; Ord. 81-58-O §1, 1981. Formerly §17.60.010]. 17.180.020 Residential zoning districts. A. In residential zoning districts the following signs are permitted: 1. One sign not exceeding six square feet in area for the purpose of identifying the name of the occupant and/or the occupant’s home occupation. 2. One sign not exceeding six square feet in area for the purpose of advertising the sale or lease of a building or property. 3. One sign not exceeding six square feet in area for the purpose of identifying nonconforming uses. 4. One sign not exceeding six square feet in area or: square foot area of sign = sq. ft. of lot x 100 87,120 sq. ft. but not exceeding 100 square feet in area for the purpose of identifying a permitted nonresidential use, housing project, or subdivision. Such a sign may be located on any lot in the development area. Ch. 17.180 Signs | Kodiak Island Borough Code Page 1 of 3 The Kodiak Island Borough Code is current through Ordinance FY2023-11, passed November 3, 2022. AGENDA ITEM #14.C.2. Ordinance No. FY2023-13 Amending Kodiak Island Borough Title 17 Zoning, ...Page 119 of 135 5. One sign not exceeding 16 square feet in area for the purposes of advertising the construction, contractor(s), or financing of a construction project. The sign is permitted only upon issuance of a building permit and must be removed within 30 days following the issuance of a certificate of occupancy. B. Signs in residential districts may be located anywhere on the lot which they are intended to serve as long as they do not create an obstruction to traffic and they may not exceed six feet in height, measured from grade, at the point of installation. C. No flashing signs are permitted in any residential district. An illuminated sign, if back-lighted by fluorescent tubes encased in a plastic light diffuser, can be operated between the hours of 7 a.m. and 10 p.m. in support of a permitted nonresidential use. Illuminated signs operated at other times, by other means, or serving other uses in the residential zone are not permitted. “Illuminated” means a sign lighted by or exposed to artificial lighting by lights on or in the sign or directed towards the sign. “Flashing sign” means any directly or indirectly illuminated sign which exhibits changing natural or artificial light or color effects by any means whatsoever. [Ord. 92-05 §2, 1992; Ord. 90-32 §2, 1990; Ord. 81-58-O §1, 1981. Formerly §17.60.020]. 17.180.030 Nonresidential zoning districts. In all nonresidential zoning districts any number, type, or location of signs are permitted, subject to the following: A. No flashing signs are permitted within 300 feet of any residential zoning district unless shielded from the residential zoning district. B. The maximum height of any sign is limited to the maximum building height of the zoning district in which the sign is located. C. All signs shall be located on the same lot as, or any adjoining/abutting lot in common ownership as, the principal building or use which they are intended to serve. They may be located anywhere on the lot as long as they do not create an obstruction to traffic. D. The maximum square footage of all signs for a developed lot shall not exceed 25 percent of the square footage of that building face fronting on the public street which the sign will face. E. The maximum square footage of a sign erected on vacant property (e.g., advertising the property for sale) is 32 square feet. [Ord. 92-05 §2, 1992; Ord. 90-32 §2, 1990; Ord. 81-58-O §1, 1981. Formerly §17.60.030]. Ch. 17.180 Signs | Kodiak Island Borough Code Page 2 of 3 The Kodiak Island Borough Code is current through Ordinance FY2023-11, passed November 3, 2022. AGENDA ITEM #14.C.2. Ordinance No. FY2023-13 Amending Kodiak Island Borough Title 17 Zoning, ...Page 120 of 135 The Kodiak Island Borough Code is current through Ordinance FY2023-11, passed November 3, 2022. Disclaimer: The borough clerk’s office has the official version of the Kodiak Island Borough Code. Users should contact the borough clerk’s office for ordinances passed subsequent to the ordinance cited above. Borough Website: www.kodiakak.us Borough Telephone: (907) 486-9300 Code Publishing Company Ch. 17.180 Signs | Kodiak Island Borough Code Page 3 of 3 The Kodiak Island Borough Code is current through Ordinance FY2023-11, passed November 3, 2022. AGENDA ITEM #14.C.2. Ordinance No. FY2023-13 Amending Kodiak Island Borough Title 17 Zoning, ...Page 121 of 135 The Kodiak Island Borough Code is current through Ordinance FY2023-11, passed November 3, 2022. Disclaimer: The borough clerk’s office has the official version of the Kodiak Island Borough Code. Users should contact the borough clerk’s office for ordinances passed subsequent to the ordinance cited above. Borough Website: www.kodiakak.us Borough Telephone: (907) 486-9300 Code Publishing Company 17.15.060 Zoning compliance. A. A zoning compliance permit is required for site grading (excavation and fill), erection, construction, demolition, establishment, moving, alteration, enlargement, repair, or conversion of any building or structure in any district established by this title, subject to the following: 1. An application for zoning compliance will be filed with the community development department on a form provided by the department. If the application meets the requirements of this title, as verified in the department, and other applicable regulations, a permit will be issued. An as-built of the property may be required to ensure that applicable requirements can be met, when existing structures are located on the property. Any zoning compliance permit issued is subject to the same expiration, suspension, and revocation provisions as a building permit issued for the same construction project per currently adopted building code (KIBC 15.05.020). 2. No building permit shall be issued by a building official until the community development department has verified from the application for zoning compliance for a proposed building that it conforms and will be occupied for a use in conformity with the provisions and regulations of this title, except that this provision shall not apply to building permits for residential structures when no yard or height changes are involved. Any building permit issued in conflict with this title is null and void. B. A zoning compliance permit is required for any structure, regardless of type of foundation or base support, including skid-mounted or other movable structure that also requires a building permit. Minor structural developments less than 200 square feet that do not require a building permit are not required to obtain a zoning compliance permit. C. A zoning compliance permit is required for any change of use in a structure. [Ord. FY2021-19 §2, 2020; Ord. FY2018-19 §2, 2018; Ord. 93-64 §7, 1993; Ord. 92-17 §3, 1992; Ord. 92-04 §2, 1992; Ord. 85-11-O §1; Ord. 83-42-O §1, 1983; Ord. 81-54-O §1, 1981; prior code Ch. 5 subch. 2 §18. Formerly §17.03.060]. 17.15.060 Zoning compliance | Kodiak Island Borough Code Page 1 of 1 The Kodiak Island Borough Code is current through Ordinance FY2023-11, passed November 3, 2022. AGENDA ITEM #14.C.2. Ordinance No. FY2023-13 Amending Kodiak Island Borough Title 17 Zoning, ...Page 122 of 135 Ordinance No. FY2023-13 Page 1 of 2 KODIAK ISLAND BOROUGH 1 ORDINANCE NO. FY2023-13 2 3 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING 4 KODIAK ISLAND BOROUGH TITLE 17 ZONING, CHAPTER 17.180 SIGNS, SECTION 5 17.180.010, DESCRIPTION AND INTENT, TO REQUIRE ZONING COMPLIANCE PERMITS 6 FOR CERTAIN SIGNS 7 8 WHEREAS, a sign requires a building permit or zoning variance for installation, zoning 9 compliance review is needed prior to installation to ensure compliance with Borough Code 10 limitations; and 11 12 WHEREAS, the Kodiak Island Borough Code does not currently require zoning compliance 13 review for any signs. 14 15 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 16 BOROUGH that: 17 18 Section 1: This ordinance is of a general and permanent nature and shall become a part of the 19 Kodiak Island Borough Code of Ordinances. 20 21 Section 2: That Kodiak Island Borough Code Section 17.180.010, Description and Intent, is 22 amended to read as follows: 23 24 17.180.010 Description and intent. 25 26 The intent of this chapter is to regulate signs so that they will not, by reason of their size, location, 27 construction, or manner of display, endanger the public health, safety, or general welfare. It is 28 further intended that this chapter will regulate signs in such a way as to support and complement 29 the purposes and intent of this title as well as the economic growth of the community. 30 31 A. Zoning compliance is not required for the installation of signs unless a building permit 32 or variance is required for the sign. 33 B. Excluded from regulation are: flags, window displays, traffic and road signs. 34 35 Effective Date: This ordinance takes effect at midnight upon adoption. 36 37 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 38 THIS _____ DAY OF_________________, 2023 39 40 41 42 43 44 45 AGENDA ITEM #14.C.2. Ordinance No. FY2023-13 Amending Kodiak Island Borough Title 17 Zoning, ...Page 123 of 135 Ordinance No. FY2023-13 Page 2 of 2 KODIAK ISLAND BOROUGH 46 47 ATTEST: 48 ___________________________ 49 Aimee Williams, Mayor ______________________________ 50 Nova M. Javier, MMC, Borough Clerk 51 Introduced by: Manager 52 First reading: 53 Second reading/public hearing: 54 55 VOTES: 56 Ayes: 57 Noes: 58 59 60 61 AGENDA ITEM #14.C.2. Ordinance No. FY2023-13 Amending Kodiak Island Borough Title 17 Zoning, ...Page 124 of 135 KODIAK ISLAND BOROUGH STAFF REPORT JANUARY 5, 2023 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Declaring A Seat Vacant On The Womens Bay Service Area Board (Mr. Jacob Castonguay) ORIGINATOR: Brian Price Temp Assistant Clerk RECOMMENDATION: Move to accept, with regret, the resignation of Mr. Jacob Castonguay effective December 2, 2022, and direct the Borough Clerk to advertise the vacancy per Borough code. DISCUSSION: On December 2, 2022, the Clerk's Office received Mr. Castonguay's notice of resignation for his seat on the Womens Bay Service Area Board for a term to expire 2023. The Kodiak Island Borough thanks Mr. Castonguay for his service. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: 2.100.070 Vacancies. A. Other than by expiration of the member’s term, the assembly shall declare a seat vacant when a member: 2. Resigns and the resignation is accepted; D. In the event of a vacancy on a board, committee, or commission for any reason other than normal expiration of a term of office, the clerk shall cause notice thereof to be published at least twice in a newspaper of general circulation within the borough. The notice shall set forth the vacancies and any qualifications of members. The appointing authority shall appoint a new member for the remaining unexpired term in accordance with KIBC 2.100.030. AGENDA ITEM #14.D.1. Declaring A Seat Vacant On The Womens Bay Service Area Board (Mr. Jacob ...Page 125 of 135 9<:ozo»w<o mo <3 u\\v®@ .9329.:EmmmoozwEa..=>>o._mEsécooEosomomn_z<._w_v_<_oox Em :o>:m_>> _.>_2mu:_m .mv_wm>>m:_:_mE2>Emacaw.:o_._m:m:£ooEmm2S___o&9totm Ew>o 5.2 Sn ___>> _ .:o_§a_.$_ >:._3._.:030mOmn_z<._m_v.<_n_Ov_umm:o>:m9uwmsmomo:w_:m>coo:_Emo~_E_:_E 9 .....<soa>_.:E __mon ___>> _ .co:mN_:mn:om_£ E:3camem>m;9_2m§mbm>Em _cam.265ucmEmm_9mo=_§:o&om_nm:_m>>:mEmE umuatm mm;35 mocwcwaxm Stwncoz,mcmmnmm:._._._O30m_Omoz<._w_v_<_oOv_.2m:_v:o>>.£>>o_m_m:o_mmm_oaucw_m:om._oa>F_E 9:3m:___>> 85a_§:o&o.w....:moB?ocmo:m5a9._mEoEm:_>mm_Em_.:m_mm:9:o_m_um_um5mums.m>w: _ .co_HSou_m:oo _2m.mo _ot< Nmom.~8nEmomn_EmE>o_aEm8>2.mm.>F_m:_xm.E.>mu9Eocmxmmz,C m>_.owtm .t._030m_Om oz<4m_ v_<_oov:mH90mo_>mm_m><mmzms_o2:o:o_._moq9.:soc:o=m:m_mm:>EB88:.958 mmm_5 Ewoommmmm_n_ .Ewo:oo >ms_:Eo;>>oP magma 9_mm_<.v_<_oov_ Eonomom n_2<._m_v_<_oov_ «mom N .8588 Beammv_wm_<.xm_u8_ 83xomOn. ><:wzo»m<omoo<n QEEEE§m<._<.v_<_oov_ moEo mzm?o :9._omom :o=m:m_mom_ :2.2 BaAGENDA ITEM #14.D.1.Declaring A Seat Vacant On The Womens Bay Service Area Board (Mr. Jacob ...Page 126 of 135 Revision Date: 12/2/2022 Revised by: nj WOMENS BAY SERVICE AREA BOARD KODIAK ISLAND BOROUGH TERM HOME PHONE WORK PHONE CELL PHONE EMAIL Jason Chandler (Chair) 569 Leta Street Kodiak, AK 99615 2025 (907) 942-1976 jhcllc@gmail.com Gregory Egle 10788 Chiniak Dr Kodiak, Ak 99615 2023 (907)487-2318 (907) 942-2183 egor@acsalaska.net Billy Ecret 11850 Bells Flats Rd Kodiak, AK 99615 2025 (907) 539-2857 becret21@gmail.com David Heuman 883 Preston Lane Kodiak, AK 99615 2023 (907) 487-2575 daveheuman@gmail.com VACANT 2023 VACANT 2024 VACANT 2024 Non-Voting Ex-Officio Womens Bay Fire Chief Dave Conrad Womens Bay Fire Hall 538 Sargent Creek Road Kodiak, AK 99615 (907) 487-4312 This board is governed by Kodiak Island Borough Code 4.50 AGENDA ITEM #14.D.1. Declaring A Seat Vacant On The Womens Bay Service Area Board (Mr. Jacob ...Page 127 of 135 SOLID WASTE ADVISORY BOARD REGULARMEETING MINUTES October 12th,2022 -5:15 PM Kodiak Island Borough Call to Order Chair Andie Wall called the regular meeting to order at 5:17p.m.on Wednesday October 12"‘, 2022. Roll Call P.Valerio conducted a roll call,a quorum was established.Board members present were Chairwoman Andie Wall,Vice Chair Doug Hogen,Robert Williams,Kerry Irons,and Terri Pruitt. Larry Van Daele was absent.Other’s present were Kodiak Island Borough Engineering and Facilities Director David Conrad,Kodiak Island Borough Solid Waste Manager Jena Hassinger, Kodiak Island Borough Assembly Member Scott Smiley,and USCG Representative Jennifer Nutt. Approval of Agenda PRUITT MOVED to approve the agenda as presented.IRONS seconded. VOICE VOTE ON MOTION CARRRIEDUNANIMOUSLY. Approval of Minutes PRUITT MOVED to approve the minutes of September 23,2022.HOGEN seconded. VOICE VOTE ON MOTION CARRRIEDUNANIMOUSLY. Acknowledgement of Financial Report Chair Acknowledged receipt. Visitor Comments: Dave Conrad announced that he had talked with Chris Lynch and she reported that thepriceofcardboardhadgonefrom$170/ton to $0.Discussion among the Board.B.Alaska Waste Report (if present)Doug Hogen reported that the pull-down pins are still hard to use.C.City of Kodiak Report (if present)D.Engineering and Facilities ReportDavidConradmadethereportfor the Engineering &Facilities Department.DavereportedthatthemostpressingmatterfacingtheEFDepartmentatthemoment is theSOLIDWASTEADVISORYBOARD,REGULARMEETING MINUTESOCTOBER12,2022 -5:15 PMPage1of3 AGENDA ITEM #19.A.1.Solid Waste Advisory Board MinutesPage 128 of 135 dump pad clean up that the EF Maintenance staff does every day.There was discussion among the Board about possible solutions.He also wanted to remind the Board that if they want to do a tour at the Leachate Treatment Plant that they need to do so before snowfall. PRUITT MOVED to draft and submit a letter of support of the EF Department in their efforts to obtain surveillance cameras and solidify the enforcement process.IRONS seconded. ROLLCALLVOTE ON MOTION CARRIEDUNANIMOUSLY. E.Outreach Reports Plastic Bag Return:Terri Pruitt began by discussion the plastic bag letter that was discussed at the work session.There was discussion among the Board about how to best move forward on this issue.Direction was given to Staff to put this topic on the next meeting agenda to continue discussion. Patricia Valerio announced that there had been a radio ad for KMXTsubmitted and a Facebook ad both on the topic of bringing your own bag to the store.And that if there are any other ideas to just send them off as notes and Staff can work something up. The Board discussed upcoming events,National Recycling Week (Nov 7 —13),and National Recycling Day (Nov 15). PRUITT MOVED to approve an additional $1000.00 to be spent on prize packages for future give aways to include quality items both large and small,and if possible, purchased from local vendors.HOGEN seconded. VOICE VOTE ON MOTION CARRRIEDUNANIMOUSLY. Bazaar on November PRUITTVOICEVOTEONMOTIONCARRRIEDUNANIMOUSLY. F.Strateg ic Pla nni ng &Organization: Andie anno unce d thatKerryandAndiehadmet.Kerryannouncedthattheexpert survey iscomplete d butwillnotbeabletomeetuntilmid-November. Visitor Comm ents: None SOLID WAS TE A D VI SO R Y BOARD, REGULAR MINUTE SOCTOBER20 22 -5:15PM Page 2 of AGENDA ITEM #19.A.1.Solid Waste Advisory Board MinutesPage 129 of 135 Board Member Comments: D.Hogen —None K.Irons —Nice to know the information about the cardboard recycling.Would be interesti ng to see an annual number or a annual goal. R.Williams —Focus on education.We have time to plan for things for next year.Short ter m,medium term,and long term lets make a plan for how to get our messages out there. T.Pruitt —None. A.Wall -Caring for Alaska donating two 40’Conex boxes for the Backhaul Alaska event. Backhaul Alaska also worked with Threshold to fill the extra space in the Conex boxes andt were able to get a total of 14,800|bs of electronic waste off the island.Also,I am at comp acityofwhatIcanhelpwith.I cannot fulfill my roll as Chair of this Board how I desire to.And like to see someone else step in. Meeting Schedule -November 30"‘,2022. Adjournment WILLIAMS MOVED to adjourn.IRONS seconded. VOICE VOTE ON MOTION CARRRIEDUNANIMOUSLY. The meeting was adjourned at 6:56 p.m. MITTED BY: Date: P tricia Valerio,Board Secretary KIBEngineering/Facilities Department APPROVED BY: SOLID WAS TE A D VI S O R Y BOARD, REGULAR MINUTE SOCTOBER1 2 , 20 22 -5:15PM Page 3 of Andi e Chair Solid Adviso ry Board / 202 2 AGENDA ITEM #19.A.1.Solid Waste Advisory Board MinutesPage 130 of 135 WOMANSBAY SERVICE AREA BOARD REGULARMEETINGMINUTES Date:November 1,2022 Call to order:17:35 CommissionersPresent:Jason Chandler-Chair,Greg Egle-Vice Chair,Jacob Cas- tonguay,Billy Ecret Commissionexcused;Dave Heuman Agenda amended to add ?rehouse apartment rent increase,Approved No Citizen Comments Contractor Comments: 1.Crack sealing 2.Asphalt pothole repair 3.Grading gravel roads for potholes 4.Storm flooding response Chairmans Report: 1.One response to ?ooding at Sgt.Creek Road/Hwy 2.Grading gravel roads as weather allows 3.68%Road service budget remains Old Business: 1.Fire Dept.:Radio repeater is pending weather,new radio installed and functional in new truck,new AED purchased and installed,still need to purchase a new air compressor. 2.Road Service:$2.6M (SOA)has been made available for planning replacement bridges on the Hwy for Sargent Creek and Russian River.Need to New Business:1.Fire Dept.:Motion made and 2nd to increase the rent on Fire Deptapartmentto$1 ,300/Month,Passed unanimously.2.Road Service:Election of Of?cers-Unanimously agreed to table until Dec.meeting,keep existing of?cers for now.Board Member Comments:1.BE;Bells Flats Road needs RAP repair,he will forward new bus routeNextRegularmeetingDecember6,2022 at 5:30pm AGENDA ITEM #19.A.2.Womens Bay Service Area Board MinutesPage 131 of 135 mmmzba Eao?wEwEE=o_u< zommmAGENDA ITEM #19.A.2.Womens Bay Service Area Board MinutesPage 132 of 135 m -A A M.» . WOMENS BAY SERVICE AREA BOARD REGULAR MEETING MINUTES Date:October 4,2022 Call to order:5:35 pm Commissioners Present:Jake Castonguay,Jason Chandler-Chair,Greg Egle-Wce Chair, Dave Heuman-Secretary and Chris Windnagle.2 vacant seats. Kevin Amdt-Contractor;Nathan Raible-Clarkpresent. Approval of agenda by unanimous vote. Approval of the minutes by unanimous roll call vote for; -Regular Meeting of September 6,2022 ;Nathan Raible-Clark spoke regarding the cross road culvert at Russian Loop Rd,which canies the out fall from the pond on his property,and said that it appears to be collapsing and needs repair.The pond collects water from several sources, both from Gara and Noch. evin Amdt. 1.Work in September; a.Grading b.Crack sealing I a.Crack sealing and potholes to fixb.83%of budget unspent to dateQI.d_§usjm-as1.Fire Servicea.no updates2.Road Servicea.Decided not to pave the patch at S Russ entrance,too small an area wasplannedandwouldnotaddressthefailedasphalt.E?lwmm AGENDA ITEM #19.A.2.Womens Bay Service Area Board MinutesPage 133 of 135 anomum.NNoNJuoaEo>oZSmvo_=_uo:8@582.u_:wu._€82 Eamane3....oE:o.€uM5002 was:82an.960ammo...“E«.38:m==.8Omom uouuoeot:=358_u.<.Qmam.25525<50 Hauuaaqua?azauau E80328: .26.§mmE=Q:0“mm9 Euo?unwas255:52:S:w_m.m:_nE:Qoz.a9..3E3._SoEEoUA .<.._OOSn:2he .89a.3moo_o>=_mu>momuosi8.5308u>_m=OE_:d:DuommaqEgon.5 Mosmium98¢N 25:.u Eo?vaaonSE ._ OZHHWNE?iaomm moS¢mm .a:m.>.8::0 83¢m mmeozuz 920m zommAGENDA ITEM #19.A.2.Womens Bay Service Area Board MinutesPage 134 of 135 The Cook Inlet Regional Citizens Advisory Council met in Anchorage on December 1 st and 2nd, 2022. This was our first time back in Anchorage since 2018. The first day of the meeting was focused on updating CIRCAC’s strategic plan. This plan is revisited on a semi-regular basis to track progress on current projects, develop plans for new projects, and refine operational objectives. Science Director Susan Saupe led the discussion, and the organization continues on a good track into the coming year. A series of presentations was delivered, focused on different aspects of Cook Inlet’s winter ice season. Individual topics ranged from United States Coast Guard regulations, to monitoring technology to operations strategies. CIRCAC Director of Operations Steve ‘Vinnie’ Catalano has been instrumental in establishing the Cook Inlet Ice Camera Monito ring Network, which provides real-time visual data from nearly a dozen locations throughout the Inlet, all based on partnerships developed between industry operators, state and federal regulators, municipalities and others. Todd Paxton, Cook Inlet Spill Pr evention and Response, Inc (CISPRI) General Manager explained to the Council what his orga nization’s response capabilities and responsibilities are during the winter ice season, and in particular the opportunities and operational limits of the Tug Bob Fra nco, which is owned by Centerline Logistics; Mary-Beth Schreck, Program Leader for the Sea Ice Analysis Program at the National Weather Service Alaska gave an overview of that program’s goals, capabilities and role in forecasting ice conditions; Captain Leanne Lusk, Commander, Sector Anchorage, United States Coast Guard, explained Ice Guidelines for 2022/2023 and the Coast Guard’s role in ensuring vessel safety throughout the winter; Captain Paul Mehler, Senior Port Captain for Marathon Petroleum Corpora tion, provided some details about the pre-winter meeting held each year in at AVTEC in Seward. That meeting brings together many of the same groups mentioned above to share information and plans ahead of the coming ice season. Finally, Captain Debra Cobb, Global Marine Assurance Manager for Marathon explained the marine vessel vetting process for vessels operating in Cook Inlet during ice season. Captain Cobb also shared her personal account of an on-water incident that resulted in fatalities among her shi pmates and injuries to Update from the Board of Directors Cook Inlet Regional Citizens Advisory Council Scott Arndt, representing the Kodiak Island Borough AGENDA ITEM #19.B.1. Cook Inlet Regional Citizens Advisory Council - Director Arndt's Report Page 135 of 135 herself, which drove home the importance of constant vigilance at each step of a vessel’s journey into and out of Cook Inlet during ice season. The Council will hold its Annual Meeting on April 14, 2023 in Kenai, at which time electi ons for board members will be held. Three seats are up for reelection this year: Kenai Peninsula Borough, Kodiak Island Borough, Alaska Native Groups and Environmental Groups. Please contact the CIRCAC office at 907-283-7222 for more information about participating in the elections process. AGENDA ITEM #19.B.1. Cook Inlet Regional Citizens Advisory Council - Director Arndt's Report Page 136 of 135 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 KODIAK ISLAND BOROUGH ORDINANCE NO. FY2023-12 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING KODIAK ISLAND BOROUGH TITLE 15 BUILDINGS AND CONSTRUCTION, CHAPTER 40 BUILDING AND LOT NUMBERING, SECTION 15.40.080 PROCEDURE FOR ADDRESSING NEWLY CREATED LOTS WHEREAS, Kodiak Island Borough Code section 15.40.080 prescribes the procedure for assigning addresses to lots; and WHEREAS, the current Kodiak Island Borough procedure for assigning addresses calls for assigning addresses at the preliminary plat stage, which may result in assignment of addresses to lots which may be further subdivided or not developed for some time and may create confusion if addresses change upon further subdivision or development; and WHEREAS, this Ordinance will amend KIBC 15.40.080 to modify the procedure to have addresses assigned upon the earlier of site development or construction on a lot or the request of the owner. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that: Section 1: this ordinance is of a general and permanent nature and shall become a part of the Code of Ordinances of the Kodiak Island Borough. Section 2: Kodiak Island Borough Code section 15.40.080, Procedure, is amended to read as follows: 15.40.080 Procedure A. Kodiak Island Borough GIS is responsible for assigning addresses and maintaining address information. B. Addresses will be implemented within 30 days upon receipt of an E911 address application, along with any other required or relevant information. C. E911 address application shall be made available on the borough website and/or in borough offices. D. Addresses for newly created lots will be assigned dwing the f4at ;e,j1eNA,p5aGe5s at the earliest to occur of: issuance of a driveway permit: issuance of a buildinci Dermlit,or other permit for construction on the lot - initiation of construction of structures on the lot; or upon a request by the owner. E. Address notifications will be sent to relevant parties, including, but not limited to: 1. Kodiak police public safety answering point (PSAP). Ordinance No. FY2023-12 Page 1 of 2 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 2. U.S.P.S. 3. Assessing department. 4. Community development department. 5. City of Kodiak. 6. Fire departments. 7. Communication companies. 8. Kodiak police department. 9. Emergency operations center (EOC). 10. Property owner Effective Date: This ordinance takes effect at midnight upon adoption. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2022 KODIAK ISLAND BOROUGH Aimee Williams, Mayor Introduced by: Borough Manager First reading: 12/01/2022 Second reading/public hearing: 01/05/2022 VOTES: Ayes: Noes: Ordinance No. FY2023-12 ATTEST: Nova M. Javier, MMC, Borough Clerk Page 2 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 KODIAK ISLAND BOROUGH RESOLUTION NO. FY2023-18 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH ADOPTING AN ALTERNATIVE ALLOCATION METHOD FOR THE FY23 SHARED FISHERIES BUSINESS TAX PROGRAM AND CERTIFYING THAT THIS ALLOCATION METHOD FAIRLY REPRESENTS THE DISTRIBUTION OF SIGNIFICANT EFFECTS OF FISHERIES BUSINESS ACTIVITY IN FMA 13: KODIAK AREA WHEREAS, AS 29.60.450 requires that for a municipality to participate in the FY23 Shared Fisheries Business Tax Program, the municipality must demonstrate to the Department of Commerce, Community and Economic Development that the municipality suffered significant effects during calendar year 2021 from fisheries business activities; and WHEREAS, 3 AAC 134.060 provides for the allocation of available program funding to eligible 1 municipalities located within fisheries management areas specified by the Department of Commerce, Community and Economic Development; and WHEREAS, 3 AAC 134.070 provides for the use, at the discretion of the Department of Commerce, Community, and Economic Development, of alternative allocation methods which may be used within fisheries management areas if all eligible municipalities within the area agree to use the method, and the method incorporates some measure of the relative significant effects of fisheries business activity on the respective municipalities in the area; and WHEREAS, the Kodiak Island Borough proposes to use an alternative allocation method for allocation of FY23 funding available within the FMA 13: KODIAK AREA in agreement with all other municipalities in this area participating in the FY23 Shared Fisheries Business Tax Program. NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that this resolution certifies that the following alternative allocation method fairly represents the distribution of significant effects during 2021 of fisheries business activity in FMA 13: Kodiak Area: • All municipalities share equally 50% of allocation; all municipalities share remaining 50% on a per capita basis. • Kodiak Island Borough population is reduced by the population of the Cities of Akhiok, Kodiak, Larsen Bay, Old Harbor, Ouzinkie and Port Lions. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2023 Resolution No. FY2023-18 Page 1 of 2 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 KODIAK ISLAND BOROUGH Aimee Williams, Mayor VOTES: Ayes: Noes: Resolution No. FY2023-18 ATTEST: Nova M. Javier, MMC, Borough Clerk Page 2 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 KODIAK ISLAND BOROUGH ORDINANCE NO. FY2023-02B AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING ORDINANCE NO. FY2023-02, FISCAL YEAR 2023 BUDGET, BY AMENDING BUDGETS AND APPROPRIATIONS TO ACCOUNT FOR THE ADDITIONAL SCHOOL BOND DEBT REIMBURSEMENT PAYMENTS RECEIVED FROM THE STATE OF ALASKA. WHEREAS, the Governor's budgets for fiscal years 2017, 2020, 2021 and 2022 did not fully fund the School Debt Reimbursements Program; and WHEREAS, State of Alaska CCS HB 281 appropriated $220 million in FY2023 to fund the School Debt Reimbursement Program at full reimbursement for those years previously funded at less than full reimbursements; and WHEREAS, the Kodiak Island Borough received $12,313,291 of reimbursement funding as a result of the additional appropriation, attached as Appendix A, and will reimburse $9,107,125 back to the General Fund, the Facilities Fund and the Renewal & Replacement Fund to repay their contributions to the Debt Service fund which enabled the Borough to make the required debt service payments; and 1 WHEREAS, of the remaining $3,206,166 of non -reimbursable money contributed to the Debt Service fund, $173,351 will be retained within the Debt Service fund and $1,516,407 will be allocated to the East Elementary School Roof Repair project and $1,516,408 will be allocated to the North Star Elementary Roof and Skylight Repair project. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that: Section 1: This ordinance is not of a general and permanent nature and shall not become a part of the Kodiak Island Borough Code of Ordinances. Section 2: The following budget amendments are made and supplemental appropriations and transfers are approved. Fund- DepartmentlProject # Amount of Budget Increase, Additional Appropriation & Transfer Amounts 100 General Fund $5,319,272 276 Facilities Fund $2,213,366 300 Debt Service $173,351 469 East Elementary Roof Repair/ #22004 $1,516,407 Ordinance No. FY2023-02B Page 1 of 2 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 469 North Star Elementary Roof & Skylight Repair 1 #23002 $1,516,408 469 Renewal & Replacement $1,574,487 Effective Date: This ordinance takes effect upon adoption. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2023 KODIAK ISLAND BOROUGH Aimee Williams, Mayor Introduced by: Manager First reading: Second reading/public hearing: VOTES: Ayes: Noes: Ordinance No. FY2023-02B ATTEST: Nova M. Javier, MMC, Borough Clerk Page 2 of 2 APPENDIX A Version 2 Kodiak Island Borough Debt Service Fund Transfer Activity, State Reimbursement Payments and Payment Appropriations Transfered to Debt Service From: General Fund (Note 1) Education Support (Note 2) Facilities Fund Renewal & Replacement 2017 2018 2019 2020 $ 635,113 $ (492,936) $ (142,177) $ $ 1,632,815 $ 151,858 $ 65,105 $ 338,982 $ 830,105 $ 2021 3,016,076 $ 827,316 1,574,487 2022 2,303,196 $ 786,971 $ (427,831) $ 196,805 $ 2,462,920 $ 5,417,879 $ 2,303,196 Note l: The 2017 loan from the General Fund was paid back with an additional Debt Service mill rate increase in 2018 and 2019. Note 2: Contribution from School District is not allowed to be returned without voilating State max mum local funding limits. HB 281 State Reimbursements of School Construction Debt Pavments: Year Reimbursed FY2017 $ 1,015,079 FY2020 $ 2,712,401 FY2021 $ 5,336,799 FY2022 $ 3,249,012 Total Received $ 12,313,291 Ordinance FY23-02B Appropriation of Reimbursements: General Fund Facilities Fund Retained by Debt Service East Elementary Roof project North Star Roof & Skylight project Borough Vehicle Replacement project Renewal & Replacement Original Version 2 $ 5,319,272 $ 5,319,272 $ 2,213,366 $ 2,213,366 $ 173,351 $ 173,351 $ 1,516,407 $ - $ 1,516,408 $ - $ - $ 560,000 $ 1,574,487 $ 4,047,302 Total Disbursed $ 12,313,291 $ 12,313,291 Totals $ 5,319,272 $ 1,632,815 $ 2,213,366 $ 1,574,487 $ 10,739,940 w 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 KODIAK ISLAND BOROUGH ORDINANCE NO. FY2023-13 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING KODIAK ISLAND BOROUGH TITLE 17 ZONING, CHAPTER 17.180 SIGNS, SECTION 17.180.010, DESCRIPTION AND INTENT, TO REQUIRE ZONING COMPLIANCE PERMITS FOR CERTAIN SIGNS WHEREAS, a sign requires a building permit or zoning variance for installation, zoning compliance review is needed prior to installation to ensure compliance with Borough Code limitations; and WHEREAS, the Kodiak Island Borough Code does not currently require zoning compliance j review for any signs. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that: Section 1: This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances. Section 2: That Kodiak Island Borough Code Section 17.180.010, Description and Intent, is amended to read as follows: 17.180.010 Description and intent. The intent of this chapter is to regulate signs so that they will not, by reason of their size, location, construction, or manner of display, endanger the public health, safety, or general welfare. It is further intended that this chapter will regulate signs in such a way as to support and complement the purposes and intent of this title as well as the economic growth of the community. A. Zoning compliance is not required for the installation of signs unless a building permit or variance is required for the sign. B. Excluded from regulation are: flags, window displays, traffic and road signs. Effective Date: This ordinance takes effect at midnight upon adoption. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2023 Ordinance No. FY2023-13 Page 1 of 2 f 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 KODIAK ISLAND BOROUGH ATTEST: Aimee Williams, Mayor Nova M. Javier, MMC, Borough Clerk Introduced by: Manager First reading: Second reading/public hearing: VOTES: Ayes: Noes: Ordinance No. FY2023-13 Page 2 of 2 Kodiak Island Borough OFFICE of the MANAGER 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9301 Fax (907) 486-9390 TO: Kodiak Island Borough Assembly, Mayor Williams FROM: David Conrad, Interim Borough Manager RE: Managers Report, January 5, 2023 Joint Use Agreement Meeting — The KIB staff is in contact with two independent pool contractor / consulting firms to potentially hire to perform a site visit. The costs are anticipated to be in the $10,000 to $15,000 range. Bother firms are willing to work with the KIB to prepare a report that can be turned into an RFP is required. Mana er's Department Manager Recruitment - Copies of manager applicant evaluations are being returned. Tabulation will occur next week. Results will be forwarded to the assembly members for future direction. LATCF Funds - Completed and signed for the U.S. Department of the Treasury Local Assistance and Tribal Consistency Fund for the obligation of $4,787,173.04 this week. A confirmation email has been received reporting the acceptance of the application and award. First of two KIB Facility - Lease discussions have begun with the City of Kodiak specific to the 710 Mill Bay Road Facility. 717 Eagan Way Lease - Proposer has submitted a request for consideration of alterations to the lease. These are being reviewed and conversations will be held next week. Larsen Bay School - The Manager's staff is planning to travel to Larsen Bay to inspect and provide a repair list for items that were identified and not repaired prior to the signatures being finalized on the facility transfer to the Larsen Bay Tribal Council. Engineering and Facilities The Landfill will be closed January 16 to the public for Martin Luther King Day. Vehicle Procurement Proposal - Small vehicle RFP has been completed and reviewed by the attorney. The request will be published on the KIB website tomorrow and in the Anchorage Daily News next week. Anchorage auto dealers will be contacted regarding this advertisement and bid opportunity. Pick up truck RRFP will be prepared and completed for advertising next week. Auto Repairs - The Auto Maintenance and Repair Contract bid opening was held on Wednesday, November 2lat. One responsive successful bid was received. The assembly is scheduled to vote on this item tonight. KFRC Carpet Replacement - This project is completed. Substantial completion paperwork has been signed. Awaiting final approval to bill for the work. KFRC Fume Hood Upgrade This project is functionally completed. Work required is for the calibration and balancing of the fume hood systems. Awaiting scheduling from the contractor. Landfill Rock Project - Brechan Construction has discontinued work for the winter. Anticipate an April restart. 8,423.2 cubic yards Stockpile #I (drain rock), 15,267.7 cubic yards Stockpile #3(3 inch minus cover) completed to date. Bank yards remaining 32,733 cubic yards remaining. Leachate Treatment Plant The delivery of the metal building package is completed. Awaiting final structural calculations for submission and review prior to permit being issued. Contractor proposed start date is mid-January. Bayside Classroom Addition - A request has been made for the preliminary estimate to install a commercial sprinkler in the existing classroom and proposed addition has been requested. This evaluation will be used to update the estimated cost for the design that will be chosen for recommendation by the Fire Service Area #1 Board. OSHA Voluntary Compliance Visit - Awaiting information regarding a planned site visit by OSHA Voluntary Compliance the week of January 23`a. Finance Department/ IT - FY2024 Budget Preparation - Packets have been forwarded to the Service Area Boards and Staff for the preparation of the upcoming budget discussions. Boards are scheduling upcoming required meetings. PATS Software - Property Assessment and Taxation Software - RFP is being advertised with a bid date of February 28, 2023. The Popular Report has been submitted to the GFOA. Preparing to send to the printer. Copies will be distributed upon receipt. The department is short staffed due to illness and vacation. Dora will be out for medical for three weeks beginning January 9, 2023. Annual Financial Statement has been prepared and is out to the printer. Copies will be distributed upon receipt. Staff has been informed that additional Opioid Settlement Funds have been identified and will require approval in April 2023. Assessing Department -- Property Valuation — Property review and inspection for valuation will be completed next week in the city. List of Pending Items for Discussion City of Kodiak - E91 I System and compensation c Borough Building Remodel or Upgrades r; Joint support and participation in the development of the C1P List (Federal emphasis) Disposition of Closed School Facilities — Allowable Scope for Current Staff Continued update of the Personnel Manual ARPA Funding Reporting is continuing. Grant Application and Local Match Funding - Approval for application prior to expending staff time. Leases City of Kodiak Borough Building Lease, Teen Court, Red Cross, Fairgrounds, KISA, Chiniak Library, Long Term Care Major Maintenance Funding for Facilities Disposition of Mental Health Buildings Bid received Solid Waste Collection Contract Modifications Service Area Contracts Annual Contracts Additional Methods to Reward Employees in Personnel Manual Vehicle Replacement Funding opportunities for road repairs and improvements. Page 1 of 7 Kodiak Island Borough Assembly Regular Meeting Guidelines Thursday, January 5, 2023, 6:30 p.m. Assembly Chambers 1. INVOCATION MAJOR DAVE DAVIS OF THE SALVATION ARMY. 2. PLEDGE OF ALLEGIANCE MAYOR WILLIAMS 3. STATEMENT OF LAND ACKNOWLEDGEMENT MAYOR WILLIAMS We are gathered on the traditional homeland of the Sugpiaq/Alutiiq people and we acknowledge the 10 tribes of the Kodiak Alutiiq Region. We recognize the Alutiiq culture that enriches our community to this day. 4. ROLL CALL KIBC 2.25.070… the chair shall cause the record to reflect the absence of the member, the reason for the absence, and whether the absence is excused by the assembly. Recommended motion: Move to excuse Assembly member Smith who is absent due to personal leave. ROLL CALL VOTE ON MOTION. 5. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk (*) are considered to be routine and non - controversial by the Assembly and will be approved by one motion. Recommended motion: Move to approve the agenda and consent agenda. Recommended motion: Move to amend the agenda by removing Agenda Item 14.C.2 Ordinance No. FY2023-13 Amending Kodiak Island Borough Title 17 Zoning, Chapter 180 Signs, Section 17.180.010 Signs, Description and Intent to Require Zoning Compliance Permits for Certain Signs off the agenda. ROLL CALL VOTE ON MOTION TO AMEND. VOICE VOTE ON MOTION AS AMENDED. Page 2 of 7 6. *APPROVAL OF MINUTES A. Regular Meeting Minutes of December 1, 2022, and Special Meeting Minutes of December 15, 2022 7. CITIZENS’ COMMENTS Agenda items not scheduled for public hearing and general comments. Read the phone numbers: Local is 907-486-3231; Toll Free is 1-855-492- 9202. Please ask speakers to: 1. Sign in and state their name for the record 2. Turn on the microphone before speaking 3. Address all remarks to the assembly as a body and not to any member thereof 4. If calling in – turn off any listening devices to prevent feedback 8. AWARDS AND PRESENTATIONS A. Government Finance Officers Association (GFOA) Distinguished Budget Presentation Award MAYOR WILLIAMS, please read the award B. Certificate Of Recognition For Budget Preparation MAYOR WILLIAMS, please read the recognition and present the certificate to Finance Director Dora 9. COMMITTEE REPORTS 10. PUBLIC HEARING A. Ordinance No. FY2023-12 Amending Kodiak Island Borough Title 15 Buildings And Construction, Chapter 40 Building And Lot Numbering, Section 15.40.080 Procedure For Addressing Newly Created Lots Recommended motion: Move to adopt Ordinance No. FY2023- 12. Staff report – Seema Garoutte, Assessor/Interim CDD Director Open public hearing. Page 3 of 7 Read phone numbers: 907-486-3231, Toll Free 1-855-492-9202. Please ask speakers to: 1. Sign in and state their name for the record 2. Turn on the microphone before speaking 3. Address all remarks to the assembly as a body and not to any member thereof 4. If calling in – turn off any listening devices to prevent feedback Close the public hearing. Assembly discussion. ROLL CALL VOTE ON THE MOTION. 11. BOROUGH MANAGER’S REPORT Dave Conrad, Interim Borough Manager 12. MESSAGES FROM THE BOROUGH MAYOR 13. CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS - None 14. CONSIDERATION OF CALENDAR - NEW BUSINESS 14.A. CONTRACTS 1. Contract No. FY2020-08B Amending Contract No. FY2020-08 By Adjusting The Fee To The Lobbying Services Agreement With Hickey & Associates Recommended motion: Move to authorize manager to execute Contract No. FY2020-08B by adjusting the fee to the lobbying services agreement with Hickey & Associates. Staff report – Dave Conrad, Interim Borough Manager Assembly discussion. ROLL CALL VOTE ON THE MOTION Page 4 of 7 2. Contract No. FY2023-17 Approval Of Two-Year Contract With RTS Auto For Auto Repairs And Tire Services Recommended motion: Move to authorize the Manager to award Contract No. FY2023-17 with RTS Auto for a two- year term with three additional one-year extension options for auto repairs and tire services. Staff report – Dave Conrad, Interim Borough Manager Assembly discussion. ROLL CALL VOTE ON THE MOTION 14.B. RESOLUTIONS 1. Resolution No. FY2023-18 Adopting An Alternative Allocation Method For The FY23 Shared Fisheries Business Tax Program And Certifying That This Allocation Method Fairly Represents The Distribution Of Significant Effects Of Fisheries Business Activity In FMA 13: Kodiak Area Recommended motion: Move to adopt Resolution No. FY2023-18. Staff report – Dora Cross, Finance Director. Assembly discussion. ROLL CALL VOTE ON THE MOTION 14.C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2023-02B Of The Assembly Of The Kodiak Island Borough Amending Ordinance No. FY2023-02, Fiscal Year 2023 Budget, By Amending Budgets And Appropriations To Account For The Additional School Bond Debt Reimbursement Payments Received From The State Of Alaska Recommended motion: Move to advance Ordinance No. FY2023-02B to public hearing at the next regular meeting of the Assembly on January 19, 2023. Page 5 of 7 Staff report – Dora Cross, Finance Director Assembly discussion. ROLL CALL VOTE ON THE MOTION 2. Ordinance No. FY2023-13 Amending Kodiak Island Borough Title 17 Zoning, Chapter 180 Signs, Section 17.180.010 Signs, Description and Intent to Require Zoning Compliance Permits for Certain Signs Recommended motion: Move to advance Ordinance No. FY2023-13 to public hearing at the next regular meeting of the Assembly on January 19, 2023. Staff report – Seema Garoutte, Assessor/Interim CDD Director Assembly discussion. ROLL CALL VOTE ON THE MOTION 14.D. OTHER ITEMS 1. Declaring A Seat Vacant On The Womens Bay Service Area Board (Mr. Jacob Castonguay) Recommended motion: Move to accept the resignation of Mr. Jacob Castonguay from the Womens Bay Service Area Board effective December 2, 2022. Assembly discussion. ROLL CALL VOTE ON THE MOTION 15. CITIZENS’ COMMENTS Read the phone numbers: Local is 907-486-3231; Toll Free is 1-855-492- 9202 Please ask speakers to: 1. Sign in and state their name for the record 2. Turn on the microphone before speaking 3. Address all remarks to the assembly as a body and not to any member thereof Page 6 of 7 4. If calling in – turn off any listening devices to prevent feedback 16. ASSEMBLY MEMBERS’ COMMENTS MAYOR WILLIAMS: The next Assembly work session is scheduled for Thursday, January 12, 2023, at 6:30 p.m. in Borough Assembly Chambers. The next regular meeting is scheduled for Thursday, January 19, 2023, at 6:30 p.m. in the Borough Assembly Chambers. The Borough Assembly and City Council will hold a joint work session on Wednesday, January 18, 2023, at 6:30p.m. in the City Library Multi- Purpose Room. The Borough Offices will be closed on Monday, January 16, 2023, in observance of the Martin Luther King Holiday. 17. EXECUTIVE SESSION Assembly To Discuss The Next Steps To Take On The Manager Hire Which May Include Discussion Of The Borough Manager Applicants. Recommended motion: Move to convene into executive session to discuss the next steps to take on the manager hire which may include discussion of the borough manager applicants under the authority of KIBC 2.30.030(f)(1)(c) for the purpose of discussing matters which may tend to prejudice the reputation or character of a person, who has been notified of the potential executive session. Assembly discussion. ROLL CALL VOTE ON MOTION Recommended motion: Move to invite the Mayor and Assembly members into executive session. VOICE VOTE ON MOTION After the vote, Mayor Williams recesses the special meeting and convenes the executive session. 17.A Page 7 of 7 Upon returning from the executive session, Mayor Williams reconvenes the special meeting and announces • No action is to be taken as a result of the executive session. -or- • The Assembly may make a motion if necessary. The Assembly must state the motion and vote outside of executive session. ROLL CALL VOTE ON ANY MOTION THAT MAY HAVE RESULTED FROM THE EXECUTIVE SESSION. 18. ADJOURNMENT Recommended motion: Move to adjourn the meeting. VOICE VOTE ON MOTION KIBC 2.30.030 A…. Meetings shall adjourn at 10:30 p.m. unless the time is extended by a majority of the votes to which the assembly is entitled. No meeting shall be extended beyond 11 p.m., unless extended by a two-thirds vote of the assembly, except the meeting shall be extended to set the time and place for resumption of the meeting. KODIAK ISLAND BOROUGH Meeting Type: Date: QI015-k Please PRINT your name legibly Please PRINT your name legibly rALArJ �� M KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET C/) Regular V, Special Date: f s a Convened. Recessed: Reconvened: Adjourned: BY: SECOND: V• BY: C 7 K SECOND: woe BY: SECOND: BY: SECOND: S� � l J BY: J SECOND: 50 YES NO YES NO YES NO YES NO YES NO Mr. Arndt V Mr. Arndt Mr. Arndt Mr. Arndt Mr. Arndt ✓' Mr. Delgado V Mr. Delgado Mr. Delgado Mr. Delgado Mr. Delgado Mr. Griffin V Mr. Griffin Mr. Griffin Mr. Griffin Mr. Griffin Mr. Ledoux v Mr. Ledoux Mr. Ledoux V Mr. Ledoux ✓' Mr. Ledoux Mr. Smiley v Mr. Smiley Mr. Smiley Mr. Smiley V/ Mr. Smiley Mr. Smith V Mr. Smith Mr. Smith Mr. Smith 11,14 Mr. Smith Mr. TurnerMr. Turner Mr. Turner V Mr. Turner Mr. Turner V WOULD ANYONE LIKE TO CHANGE THEIR VOTE? WOULD ANYONE LIKE TO CHANGE THEIR VOTE? TOTAL: TOTAL: TOTAL: TOTAL: ID I TOTAL: I r7D The mayor may not vote except in the case where only six members of the assembly are present and there is a three/three tie vote of the assembly. Mayor Williams Mayor Williams Mayor Williams Mayor Williams Mayor Williams • Motions required for 213 vote to carry. 7 present requires 5; 6 present requires 4; 5 present requires 4; 4 present requires 3 Reconsideration on the same day, suspension of rules, limit of extend debate, previous question • Majority vote is majority of the membership (quorum). Point of Order and Recess. KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Regular Special Date: � � 0 Convened: Recessed: Reconvened: Adjourned: BY: > ✓ SECOND: V' " 1�U0-�0 W BY: % SECOND: C/� BY: 1 ,s SECOND: S BY: sk- SECOND: 44 i BY: % SECOND: YES NO YES NO YES NO YES NO YES NO Mr. Arndt ✓ Mr. Arndt Mr. Arndt Mr. Arndt V Mr. Arndt L Mr. Delgado Mr. Delgado 7 Mr. Delgado Mr. Delgado Mr. Delgado Mr. Griffin VMr. Griffin ✓ Mr. Griffin l/' Mr. Griffin ✓ Mr. Griffin ✓' Mr. Ledoux Mr. Ledoux Mr. Ledoux Mr. Ledoux Mr. Ledoux Mr. Smiley Mr. Smiley v' Mr. Smiley Mr. Smiley Mr. Smiley Mr. Smith Mr. Smith Mr. Smith- Mr. Smith Mr. Smith Mr. Turner V Mr. Turner V Mr. Turner Mr. Turner Mr. Turner WOULD TOTAL: ANYONE LIKE TO CHANGE TOTAL: THEIR VOTE? WOULD ANYONE TOTAL: LIKE TO CHANGE THEIR TOTAL: VOTE? TOTAL: The mayor may not vote except in the case wher only six members of the assembly are present and there is a t ree/three tie vote of the assembl . Mayor Williams IMayor Williams Mayor WilliamsI I I Mayor Williams --T I �Mayor WilliamsI I I • Motions required for 213 vote to carry. 7 present requires 5; 6 present requires 4; 5 present requires 4; 4 present requires 3 Reconsideration on the same day, suspension of rules, limit of extend debate, previous question • Majority vote is majority of the membership (quorum). Point of Order and Recess. Regular Special Convened: KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Date: I v Recessed: •n�f�Reconvenecl: Adjourned: BY: �Cj SECOND: BY: SECOND: ('� I I BY: SECOND: BY: SECOND: BY: SECOND: YES NO YES NO YES NO 'YES" -NO YES NO Mr. Arndt Mr. Arndt Mr. Arndt Mr. Arndt Mr. Arndt Mr. Delgad Mr. Delgado Mr. Delgado Mr. Delgado Mr. Delgado Mr. Griffin Mr. Griffin Mr. Griffin Mr. Griffin Mr. Griffin Mr. Ledoux Mr. Ledoux Mr. Ledoux Mr. Ledoux Mr. Ledoux Mr. Smiley Mr. Smiley Mr. Smiley Mr. Smiley Mr. Smiley Mr. Smith Mr. Smith Mr. Smith Mr. Smith Mr. Smith Mr. Turner Mr. Turner Mr. Turner Mr. Turner Mr. Turner WOULD TOTAL: ANYONE LIKE TO CHANGE TOTAL: THEIR VOTE? WOULD ANYONE TOTAL: LIKE TO CHANGE THEIR TOTAL: VOTE? TOTAL: The mayor may riot vote except in the case where only six members of the assembly are present and there is a three/three tie vote of the assembly. Mayor Williams Mayor Williams Mayor Williams -F Mayor Williams Mayor Williams • Motions required for 213 vote to carry. 7 present requires 5; 6 present requires 4; 5 present requires 4; 4 present requires 3 Reconsideration on the same day, suspension of rules, limit of extend debate, previous question • Majority vote is majority of the membership (quorum). Point of Order and Recess. View our website: www.kodiakak.us Visit our Facebook page: www.facebook.com/KodiakIslandBorough Follow us on Twitter: @KodiakBorough Kodiak Island Borough Assembly Newsletter Vol. FY2023, No. 20 January 6, 2023 At Its Regular Meeting Of January 5, 2023, The Kodiak Island Borough Assembly Took The Following Actions. The Next Regular Meeting Of The Borough Assembly Is Scheduled On Thursday, January 19, 2023, At 6:30 p.m. In The Borough Assembly Chambers. ANNOUNCED Kodiak Island Borough’s Receipt Of The Government Finance Officers Association (GFOA) Distinguished Budget Presentation Award PRESENTED A Certificate Of Recognition For Budget Preparation to Finance Director Dora Cross ADOPTED Ordinance No. FY2023-12 Amending Kodiak Island Borough Title 15 Buildings And Construction, Chapter 40 Building And Lot Numbering, Section 15.40.080 Procedure For Addressing Newly Created Lots APPROVED Contract No. FY2020-08B Amending Contract No. FY2020-08 By Adjusting The Fee To The Lobbying Services Agreement With Hickey & Associates AUTHORIZED The Manager To Award Contract No. FY2023-17 Approval Of Two-Year Contract With RTS Auto For Auto Repairs And Tire Services ADOPTED Resolution No. FY2023-18 Adopting An Alternative Allocation Method For The FY23 Shared Fisheries Business Tax Program And Certifying That This Allocation Method Fairly Represents The Distribution Of Significant Effects Of Fisheries Business Activity In FMA 13: Kodiak Area ADVANCED Ordinance No. FY2023-02B Of The Assembly Of The Kodiak Island Borough Amending Ordinance No. FY2023-02, Fiscal Year 2023 Budget, By Amending Budgets And Appropriations To Account For The Additional School Bond Debt Reimbursement Payments Received From The State Of Alaska To The Next Regular Meeting of the Assembly DECLARED The Seat Held By Mr. Jacob Castonguay On The Womens Bay Service Area Board Vacant. And Directed The Borough Clerk To Advertise The Vacancy Per Borough Code CONVENED INTO EXECUTIVE SESSION To Discuss The Next Steps To Take On The Manager Hire Which May Include Discussion Of The Borough Manager Applicants Under The Authority Of KIBC 2.30.030(F)(1)(C) For The Purpose Of Discussing Matters Which May Tend To Prejudice The Reputation Or Character Of A Person, Who Has Been Notified Of The Potential Executive Session. INVITED The Mayor, And Assembly Members Into Executive Session. ANNOUNCED That No Action Was Taken As A Result Of The Executive Session