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2024-04-04 Regular MeetingKodiak Island Borough Assembly Regular Meeting Agenda Assembly Chambers Thursday, April 4, 2024, 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 You Tube Channel. Meeting packets are available online. 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 Minutes of March 21, 2024 4 - 8 2024-03-21 RM Minutes 7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) 8. AWARDS AND PRESENTATIONS 9. COMMITTEE REPORTS lito> all :34[yplmr_1V1017 11. BOROUGH MANAGER'S REPORT A 20240404 Borough Manager's Report Page 0 of 151 9-16 12. MESSAGES FROM THE BOROUGH MAYOR `K��Z�7►[•91�]�:Z��[�7►[�]Yy_1��►1�7_1:a�1►1�1►1[•ya��l:��yl�l�•� 14. CONSIDERATION OF CALENDAR - NEW BUSINESS 14.A. CONTRACTS 1. Contract No. FY2024-28 Authorizing The Purchase And 17-83 Freight Of Playground Equipment For The Sargent Creek Playground In The Amount of $94,590.10 With Aim Maintenance Agenda Item Report - Pdf 14.B. RESOLUTIONS 1. Resolution No. FY2024-16 Authorizing Disposal By Lease 84-118 Of Lot 1 And Lot 9 U.S. Survey 2539 To The Kodiak Island Sportsman's Association For The Purpose Of Managing The Salonie Creek Rifle Range And Providing A Range Caretaker's Site Agenda Item Report - Pdf 2. Resolution No. FY2024-20 Authorizing The Manager To 119-130 Accept The Alaska Division Of Homeland Security & Emergency Management (DHS&EM) Grant In The Amount of $99,540 Agenda Item Report - Pdf 14.C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2024-18 Adopting Changes To The Non- 131 -141 Bargaining Covered Positions Salary Schedules To Match The Bargaining Unit Positions Salary Schedule Changes Approved With The Collective Bargaining Agreement, Contract No. FY2024-06 Agenda Item Report - Pdf 14.D. OTHER ITEMS 1. Approval Of A Welcome Letter To The Alaska Daughters 142-144 Of The American Revolution Agenda Item Report - Pdf 2. Authorization For The Mayor To Travel To The Alaska 145-147 Municipal League Board Of Directors Retreat And The 2024 National Association of Counties Western Institute Region Conference Agenda Item Report - Pdf Page 1 of 151 15. CITIZENS' COMMENTS 16. ASSEMBLY MEMBERS' COMMENTS 17. ADJOURNMENT 18. INFORMATIONAL MATERIALS A. Architectural and Engineering Review Board Regular Meeting 148-151 Minutes of February 13, 2024, Solid Waste Contract Committee Regular Meeting Minutes of February 27, 2024 Minutes Binder This meeting is open to the public and will be broadcast on KMXT 100.1 FM and on the Borough's You Tube 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 2 of 151 AGENDA ITEM #6.A. KODIAK ISLAND BOROUGH Assembly Regular Meeting March 21, 2024 A regular meeting of the Kodiak Island Borough Assembly was held on March 21, 2024, in the Assembly Chambers. The meeting was called to order at 6:30 p.m. Staff present were Borough Manager Aimee Williams, Assessor Seema Garoutte, Borough Clerk Nova M. Javier, and Assistant Clerk Irene Arellano. INVOCATION The invocation was given by Major David Davis of the Salvation Army. 2. PLEDGE OF ALLEGIANCE Mayor Arndt 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 Scott Arndt, Assembly Member Steven Ames, Jared Griffin, Scott Smiley, and Bo Whiteside. SMILEY moved to excuse Assembly members LeDoux and Sharratt who were absent due to personal leave and Assembly Member Turner due to medical reasons. ROLL CALL VOTE ON THE MOTION FAILED THREE TO ONE: Ames, Smiley, and Whiteside (AYES); Griffin (NO) 5. APPROVAL OF AGENDA AND CONSENT AGENDA SMILEY moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. 6. *APPROVAL OF MINUTES (Approved under consent agenda) A. Regular Meeting Minutes of March 7, 2024 7. CITIZENS' COMMENTS The following spoke under citizen's comments: • Seema Garoutte, Assessor Tanya Kitka • John Whiddon Kodiak Island Borough March 21, 2024 Assembly Regular Meeting Minutes Page 1 of 5 Regular Meeting Minutes of March 21, 2024 Page 4 of 150 AGENDA ITEM #6.A. 8. AWARDS AND PRESENTATIONS — None. 9. COMMITTEE REPORTS • Assembly Member Griffin reported on the recently held Health and Facilities Advisory Board meeting and his recent attendance to the SWAMC Annual Conference in Anchorage. He announced the upcoming meeting of the Kodiak Island Borough and City of Kodiak Joint Fisheries Work Group. 10. PUBLIC HEARING — None. 11. BOROUGH MANAGER'S REPORT Borough Manager Williams provided a manager's report, and it was included in the meeting packet. 12. MESSAGES FROM THE BOROUGH MAYOR — None. 13. CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS 14. CONSIDERATION OF CALENDAR - NEW BUSINESS 14.A. CONTRACTS — None. 14.B. RESOLUTIONS 1. Resolution No. FY2023-03B A Resolution Of The Assembly Of The Kodiak Island Borough Amending The Kodiak Island Borough Records Retention Schedule And Central Filing System To Reflect Amendments To The Finance Department Records Series SMILEY moved to adopt Resolution No. FY2023-03B. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Griffin, Smiley, Whiteside, and Ames. 2. Resolution No. FY2024-15 Approving The Native Village Of Karluk And The Karluk IRA Tribal Council As An Unincorporated Community For Participation In The FY25 Community Assistance Program SMILEY moved to adopt Resolution No. FY2024-15. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smiley, Whiteside, Ames, and Griffin. 3. Resolution No. FY2024-18 Designating The Individual Who Will Serve As Temporary Administrative Official During The Absence Of The Regular Administrative Official Kodiak Island Borough March 21, 2024 Assembly Regular Meeting Minutes Page 2 of 5 Regular Meeting Minutes of March 21, 2024 Page 5 of 150 AGENDA ITEM #6.A. SMILEY moved to adopt Resolution No. FY2024-18. GRIFFIN moved to amend Resolution No. FY2024-18 line 20 from April 6, 2024, through May 3, 2024. ROLL CALL VOTE ON THE MOTION TO AMEND CARRIED UNANIMOUSLY: Whiteside, Ames, Griffin, and Smiley. ROLL CALL VOTE ON THE MOTION AS AMENDED CARRIED UNANIMOUSLY: Ames, Griffin, Smiley, and Whiteside. 4. Resolution No. FY2024-19 Authorizing The Manager To Accept The 2022 State And Local Cyber Security Grant (SLCGP) SMILEY moved to adopt Resolution No. FY2024-19. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Griffin, Smiley, Whiteside, and Ames. 14.C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2024-17 An Ordinance Of The Assembly Of The Kodiak Island Borough Amending Title 2 Administration And Personnel, Section 2.30 Rules Of The Assembly, Sections 2.30.060 Order Of Business And Agenda, And Section 2.30.070 Ordinances, Resolutions, And Motions To Update Processes For Agenda Setting And Submission Of Items SMILEY moved to advance Ordinance No. FY2024-17 to public hearing at the next regular meeting of the Assembly. SMILEY moved to postpone Ordinance No. FY2024-17 as an Ordinance for Introduction at the May 2, 2024, regular meeting. ROLL CALL VOTE ON THE MOTION TO POSTPONE CARRIED UNANIMOUSLY: Smiley, Whiteside, Ames, and Griffin. 14.D. OTHER ITEMS — None. 15. CITIZENS' COMMENTS — None. 16. ASSEMBLY MEMBERS' COMMENTS — None. 17. EXECUTIVE SESSION A. Litigation Update And Discussion Regarding Claims Filed By Rebecca Nelson Against The Kodiak Island Borough And Bayside Fire Department Kodiak Island Borough March 21, 2024 Assembly Regular Meeting Minutes Page 3 of 5 Regular Meeting Minutes of March 21, 2024 Page 6 of 150 AGENDA ITEM #6.A. SMILEY moved to convene into executive session to provide an update on the litigation filed by Rebecca Nelson against the Kodiak Island Borough. This matter qualifies for executive session per KIBC 2.30.030 (F)(1)(b) as a matter that the immediate public knowledge would tend to affect adversely the finances of the borough. ROLL CALL VOTE ON THE MOTION CARRIED UNANMOUSLY: Whiteside, Ames, Griffin, and Smiley. SMILEY moved to invite the Mayor, Assembly, Borough Manager, Borough Clerk's Office Staff, Fire Protection Area No.1 Members Carstens and Vandyke into executive session. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. After the vote, Mayor Arndt recessed the regular meeting at 7:10 p.m. and convened the executive session at 7:18 p.m. Upon returning from the executive session, Mayor Arndt reconvened the regular meeting at 8:33 p.m. SMILEY moved to direct the Borough Manager to Pay the $100,000 deductible in the case of Rebecca Nelson. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Ames, Griffin, Smiley, and Whiteside. B. Litigation Update Regarding Kodiak Area Native Association v. Kodiak Island Borough, Case No. 3 KO-21-57CI SMILEY moved to convene into executive session under the authority of KIBC. 2.30.030 (F)(1)(a) to discuss pending litigation to which the Borough is a party and to provide direction to the Borough Manager regarding that litigation. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Griffin, Smiley, Whiteside, and Ames. SMILEY moved to invite the Mayor, Assembly, Borough Manager, Assessor, and Borough Clerk's Office Staff into Executive Session. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. Kodiak Island Borough March 21, 2024 Assembly Regular Meeting Minutes Page 4 of 5 Regular Meeting Minutes of March 21, 2024 Page 7 of 150 AGENDA ITEM #6.A. After the vote, Mayor Arndt recessed the regular meeting and convened the executive session at 8:35 p.m. Upon returning from the executive session, Mayor Arndt reconvened the regular meeting at 8:43 p.m. SMILEY moved to authorize the Borough Manager to pay the attorney's fees plus costs, interests, and other applicable fees. 18. ADJOURNMENT SMILEY moved to adjourn the meeting at 8:44 p.m. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. KODIAK ISLAND BOROUGH Scott Arndt, Borough Mayor Kodiak Island Borough March 21, 2024 ATTEST: Nova M. Javier, Borough Clerk Assembly Regular Meeting Minutes Page 5 of 5 Regular Meeting Minutes of March 21, 2024 Page 8 of 150 Kodiak Island Borough OFFICE of the MANAGER TO: Kodiak Island Borough Assembly FROM: Aimee Williams RE: Manager's Report, April 4, 2024 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9301 Manager's Department KIBSD Local Contribution — KIBSD is planning on making their official local contribution ask on April 30, 2024. This will give the Assembly until May 30, 2024, to give them an official answer. If the decision is to answer at the last possible moment on May 30th, a special meeting will have to be added after the work session on that day. Budget Calendar — o Ordinance Introduction — May 16th o Public Hearing — June 6th o Due Date—June 10th Harris to Tyler Conversion - Meetings started on Wednesday with a series of "Fit Gap" questions so that the new software company can fully understand how KIB does business. These questions started with the Finance Department and will continue by moving on to the Assessing Department next. Emergency Management Training — Kodiak Island Borough will be hosting Texas A&M Engineering Extension Services (TEEX), Emergency Services Training Institute's MGT -312- Senior Officials Workshop for All Hazards Preparedness and MGT 340 — Crisis Management on June 10-11, 2024. All training will be delivered at Bayside Volunteer Fire Department. Information about the training has been sent to KIBSD, PKIMC, all four fire stations, Kodiak Police Department, the City of Kodiak, the Alaska State Troopers, Alaska State Defense Force, and the Coast Guard Base Kodiak and Air Station Kodiak Commanding Officers. Department of Interior — Congress is on a break and won't be back until the week of April 8th. Our federal lobbyist is going to reach out next week to find out where we are on our reply that was promised by mid-March. Job Openings— E&F just had a new Project Manager accept a job and will be starting in early May, we are still looking for General Accountant (Finance). Upcoming Work Session Topics — • April 11th— Use of KIB Land, Budgets— Legislative, Clerks, and Borough Management Upcoming Travel — • PWSRCAC — April 30th — May 3rd (Assessing Director will sit at Manager's Desk for the May 2nd Regular Meeting) • Vacation — May 8-10, 2024 (E&F Director will sit at the Manager's Desk for the May 9th Work Session) Assessing Department Appeal Period — The period ended on March 29. Assessing met with over 300 residents during the appeal period. Board of Equalization (BOE) - The BOE (KIBC 3.35.050) meets Monday May 6, 2024. Assessing had 29 logged appeals for the BOE. Most of them were caused by the large number of residents that came in the last two days of the appeal period and staff could not get to their properties to verify information. At the end of Wednesday, April 3rd, six of the 29 appeals had been withdrawn. Current Projects - • Property cleanup for Tyler Conversion • Conversion meetings with Tyler began Tuesday April 2, 2024. • Tyler assigned Assessing one task this week and it was completed Wednesday April 3, 2024. o Tyler has scheduled 5 (2 hour) meetings with Assessing in the month of April. Exemptions - 4 new exemption applications were received by the Jan. 15 deadline for 2024 for either non-profit religious or charitable uses. (KANA Marketplace, KCHC, Alutiiq Museum and Calvary Baptist Church Bells Flats) Upcoming Travel — Director Vacation — May 15-31, 2024 Engineerina and Facilities HFAB — Hospital Facilities Advisory Board — The next scheduled meeting is April 15, 2024. A PKIMC / KIB staff are scheduling a meeting to continue this discussion. Old Mental Health Facility — Sampling delayed by environmental firm. These tests will be required to proceed with decision making as to the disposition of the facility. PKIMC — Pa • Elevator Upgrade Project has been withdrawn for the development of additional required scope per the State of Alaska Elevator Inspector. Staff has notified the registered bidders. • Providence Real Estate staff is continuing with the scoping of maintenance and replacement equipment and systems at the hospital facility. • PKIMC and OF staff have met and are reworking the R&R Schedule. Reviewing 2017 document and preparing to modify the document to reflect completed projects and prioritize system repairs and replacement years. Solid Waste Contract Committee —The committee members and the staff reviewed and discussed the additional requested changes as submitted by the contractor. Suggested language will be altered to identify the acceptable language more clearly. April 16, 2024, at 1:00pm in the KIB Conference Room is the next scheduled meeting. Landfill — • Denali Commission Funding — The joint application with KANA has been submitted for consideration. • Baler Facility Tipping Floor— Meeting scheduled for Friday, April 5 with Brechan Construction and PND Engineering to discuss the concrete design mixes available and possible additives to prolong the wear floor lifespan. o A temporary patch material has been applied to fill in the worn areas to avoid impact with the existing reinforcing bars. • Equipment Grant - Staff has applied for the AML Heavy Equipment, Road maintenance and Municipal Facilities Grant. Staff applied for a skid steer loader and two dump trucks. KFRC- • Discharge Permit — Permit is in place. Documents have been shared with GSA for review and to prepare for a meeting to discuss the potential for funding as an R&R Project. • Long Technologies have reviewed the Direct Digital Controls and sensors at the facility. Software upgrade required. The technician will prepare a written report on the findings. Training for the E/F Staff has taken place. A discussion regarding required hardware replacement is in progress. KIBSD — • Middle School Elevator Upgrade RFP is being revised. The RFP will be reissued when clarifications are completed. • East Roof Proposal Package — Design Work is in progress. • North Star Roof Replacement and Skylight Replacement — The architect is interacting with the engineering firm to confirm the alternatives for the removal of or modification of the existing skylight is structurally sound without additional interior support or alteration. Updates will be provided to the costs once the new section costs are received. • Petersen Roof — Regular bi -monthly meetings are continuing. Anticipate on site work to begin in late April 2024. Weather dependent. Leachate Treatment Plant — The contractor and engineering firm are attempting to rectify the lack of meeting the gallons per minute of the associated new pumps. Concrete floor repair Has started. Anticipate the first week of April for completion. General contractor has begun cleaning up the area from the construction. Long Term Care — R&R discussion will commence when hospital discussion has been concluded. Lease requires discussion and negotiation. Borough Building — The project work has restarted after communication with the prime contractor. Staff will monitor progress and request structured meetings be held regularly through the project completion. Contractor is working on the punch list items. Asphalt patching required cannot be completed until summer of 2024. Sargent Creek Park Equipment — The Assembly will review Contract No. FY2024-28 which will authorize the purchase of the equipment. Fortunately, this timeline should allow for the equipment to be installed this summer. Architecture Review Board — No meeting is currently scheduled. Upcoming Travel — Director Vacation — April 6 - 28, 2024 Finance Department Property Taxes — • Real Property: One year redemption period starts April 12tH • Personal Property: Borough staff is continuing to file small claims documents with the court for delinquent personal property accounts. Property Assessment and Taxation Implementation Project — • Staff has completed questionnaires and is meeting with Tyler staff this month to review business rules and processes. Staffing — We are still advertising for an accountant position. 4 Pa Community Development Multi -Jurisdiction Multi -Hazard Mitigation Plan Update — The online public kickoff meeting was held on Tuesday, April 2"d. The online meeting was recorded and will be added to the project website. The in-person public kick-off meeting is scheduled for April 23rd at 6 PM in the Assembly Chambers. Planning & Zoning Commission — The Commission will hold a work session on April 10 at 6:30 PM in the Assembly Chambers. The work session will continue discussion on the ADU amendment ordinance, a review of an ordinance for amendments to Chapter 17.205 KIBC, and a review of a rezone case from R-2 Zone to the R-3 Zone for 3201 Spruce Cape Road. IT Department Exchange 2019 Upgrade — IT is working on upgrading our Exchange on premise server to 2019 and migrating it and the Borough mailboxes to a new resource Forest named Kodiak.gov. Rename kib.local to kodiak.gov — IT is researching a project to rename the kib.local Microsoft Windows forest to Kodiak.gov — this will align our systems with Microsoft best practices and provide a solid foundation for subsequent additional infrastructure and security measures. — currently in the early testing phase. GIS- Aggregating and simplifying tools for Borough and public use: i. Working on moving archival data to current GIS website for backwards compatibility. ii. Working on the Parcel Fabric (Basically making the parcel lines more accurate to reality through a long arduous process) iii. Assisting Community Development with data for their Comprehensive plan. iv. Working on Documentation of our GIS Data and what's critical/how we edit it/why we edit it in this way. V. Working on Identification of Missing Parcel IDs within our system. vi. Addressing parcels in Karluk Network Security - Ongoing efforts to improve overall network security. i. Active directory accounts review ii. Active Directory reorganization iii. Group policy review iv. Network device vulnerability scanning V. System Patch policy and enforcement vi. SSH and other access methods checked for security issues. Alaska State and Local Cybersecurity Grant Program (SLCGP) — This is a grant from the state of Alaska that is focused on improving the network security of the State and Local governments in Alaska. It covers multiple years with multiple rounds of funding for security audits and follow up projects. i. Audit - IT is preparing for a security audit of the KIB systems that will be paid for via a grant via the State of Alaska Statewide Cybersecurity Strategic Plan (SCSP). This requires that we create an RFP for the security assessment. We are also working on applying for a second round of funding from the SCSP which is due by the end of March. This funding if awarded would fund follow up security resources such as edge and core networking upgrades, and more robust backup and ransomware protection. ii. Firewall Assessment — currently the Borough is not using the latest generation firewall technology (which are application aware) to protect its public facing assets such as the Borough web site and other infrastructure resources. IT is currently assessing the costs and feasibility of upgrading them (PFSense) to a Next Generation Firewall (NGFW) iii. VPN Assessment — looking at improving the stability and usability of the Client VPN technology implemented at the Borough. Ideally the VPN technology will be automatic, and able to be used behind remote unmanaged firewalls. Hyper V Virtualization Testing – IT is setting up a Microsoft based virtualization platform utilizing old servers to test out Hyper -V and if it is a viable alternative to newly expensive VMWare licensing after Broadcom acquired VMWare earlier this year. High Speed Document Scanning – IT has deployed a high-speed document scanner for the Borough. Engineering has hired additional help for their department to digitize paper records. Currently IT is creating procedures for using and administering the scanner for the needed projects. Bayside Fire Department Personnel Activity / Professional Development / Training • The Bayside FD / KIBFRS is hosting a Emergency Management seminar series in the Training Cetner, offered by the Kodiak Island Borough Manager's Office and Texas "TEEX" or Texas A&M Engineering Extension Services. BFD is also co -hosting a Fire & Emergency Services Instructor Level 1 course in the fall, with Kodiak City FD at the BFD Training Center. Additionally, BFD has requested to host National Fire Academy off campus delivery of 2 Company Officer level leadership courses and 2 All Hazard Community Risk Reduction training courses in the fall and spring 2024/2025. These courses are delivered at not cost to the Borough / KIBFR and will be offered island wide to members of the services. • Bayside FD members continue to train on Monday & Wednesday evenings, and Friday Mornings, along with special half day sessions on select Weekend Page 14 of 150 I days. This has included Ice & Cold -Water Rescue Training with core Public Safety Partners. • 4 Members of BFD are ready to test up and promote to firefighter from probationary status in April, this will include a day long event on the drill grounds including live interior fire control evolutions and evaluation of JPRs required to meet Alaska and National Standards for Firefighter level 1. Members have devoted nearly 240 hours of training thus far over the past year to meet competency in areas including but not limited to, vehicle & technical rescue, hazardous materials awareness, structural and wildland firefighting, and firefighter fitness, wellness, and safety and survival techniques. 4 more members are engaged in this yearlong qualification process and will be ready for similar evaluation in the Spring of 2025 • Grant funded training opportunities have been secured to send members for wildland training & professional leadership development. Alternative funding sources allow for travel, accommodations, tuition, and incidentals in excess of $8000.00 with no match required. • The Alaska Department of Forestry in concert with USDA-USFS has awarded the Bayside and Women's Bay FD's (KIBFRS) grants to enhance training and operations when responding to wild -land / ground cover fires on island. The amounts awarded total in excess of $13,000.00 with a 10% match required. • Members continue to complete required annual fitness / physical exams and maintenance of such records has been shifted to Borough H/R Campus Upgrades and Maintenance • Upgrading and repurpose of exiting KARES room to include upgraded communications support area & Firefighter Lounge / Ready room area. • Ongoing upgrading of fitness facility and enhancement of member engagement supporting a robust health and wellness program addressing the members physical and mental health, focusing on a well-rounded home -work relationship. • Repurpose existing Storage room to include work area for maintenance of tools and equipment. Bulk of tools and maintenance items have been relocated from Apparatus Bay area. This reduces hazards on apparatus bay area and enhances inventory accuracy and logistics. • Work continues on enhancement of in station training props, with members working to construct or redevelop forcible entry training props, confined space props, and basic firemanship training props. • Installation and testing of iPads in Fire Apparatus, supporting KIBFRS response software continues with members using the devices in Squads 10 & 11. Once trials & training are complete, iPads will be added to Engine 10 & 11 and Tender 11. Members continue to work tirelessly to maintain and ensure readiness for all front-line response apparatus and equipment weekly with Company Officers and Engineers leading members in such taskings. "Stuff to Just Make You Happy" • 2 Members of the BFD have finished up work on completing their PhD's. We congratulate Lt. Shelby Bacus of Squad Co. 11 and Firefighter Jared Weens of Tender Co. 11! Well Done "Docs" • 3 Members of the BFD continue to work hard on their months long UAA-Kodiak College Accelerated Firefighter I & II / EMT Basic Course at USCG FD Kodiak. Strong Work to Engineers Tim Kisala (Squad Co. 11) & Chris Glade (Engine Co. 11) and Probationary Firefighter Sam Parra. • Captain Donavan Antalik (Assistant Mechanic / Engine Co,.12) has completed their first successful fishing season Captaining their own Commercial Fishing Boat! Way to go Cap X2! • HUGE shout out to the members who have been responding to an unprecedented uptick in emergency calls for service in 2024. Since January 1St, BFD members have answered their neighbors calls for assistance 91 times, with an average 3 trained members and one apparatus responding in under 5 minutes to Medical Aid Calls and an average of 10 trained members and 4 Fire Apparatus for Fire Calls. AGENDA ITEM #14.A.1. KODIAK ISLAND BOROUGH STAFF REPORT APRIL 4, 2024 4 ' �s ASSEMBLY REGULAR MEETING SUBJECT: Contract No. FY2024-28 Authorizing The Purchase And Freight Of Playground Equipment For The Sargent Creek Playground In The Amount of $94,590.10 With Aim Maintenance ORIGINATOR: Dave Conrad, E&F Director/Admin Official RECOMMENDATION: Move to authorize the Borough Manager to execute Contract No. FY2024-28 with AIM Maintenance for the purchase and freight costs for the replacement playground equipment for Sargent Creek Playground Park in the amount of $94,590.10. DISCUSSION: In June of 2023, the Kodiak Island Borough was awarded the reappropriation of funds from the Anton Larsen Dock to the Repair and Replacement of Playground Equipment at Sargent Creek Park Playground in the amount of $251,426.50. The Kodiak Island Borough Engineering and Facilities Department (E&F Dept) gathered information from the Women's Bay Community, researched products available, and produced an invitation to bid for the purchase of new equipment for the playground. E&F Department staff advertised the invitation to bid beginning on January 31, 2024, for the designated three weeks per KIB Code 3.30.040. E&F Dept. received five (5) bid submittals. Following the review of the packages the E&F Dept. concluded all the bidders met the requirements. Per the KIB Code 03.30.050 allows the Borough staff to negotiate with the two lowest bidders. E&F Dept. staff requested that AIM Maintenance clarify the bid form in accordance with Addendum #4. The bid submitted by Playcraft Systems LLC, the lowest cost bidder at $91,497.49, is not a local business. AIM Maintenance, the second lowest bidder, offered a bid of $94,590.10 and is a local business. Per the KIB Code 03.30.060 the Borough staff is recommending that the 10% local preference be applied. The difference between Playcraft System LLC and AIM Maintenance prices is 3.3%. ALTERNATIVES: Take no action or reject all bids. FISCAL IMPACT: The State of Alaska Division of Community and Regional Affairs has reappropriated funds from a previous grant to this project in the amount of $251,426.50. OTHER INFORMATION: The Kodiak Island Borough staff was contacted by the State of Alaska regarding the remaining funds on the original expenditure and assisted in the preparation of the reappropriation pathway. The Sargent Creek Playground Project had been on the CIP list for several years at the request of the Women's Bay Community. Kodiak Island Borough Contract No. FY2024-28 Authorizing The Purchase And Freight Of Playgroun... Page 17 of 150 0 O C0 0 Z O T v (Q CD OO O CD Kodiak Island Borough Bid Tabulation Sargent Creek Park Equipment Replacement Bid Opening: 3/8/2024 - 2:30pm - AC ---- UPDATED 3.19.2024 by P.Valerio With re -submitted form for clarificaiton of bid to include shipping with the cost of equipment from AIM Maintenance - allowed per KIB Code 3.30.110.E Contractor Base Bid + Freight Alternate 1+ Freight Alternate 2+ Freight Total for All Structures and Total for All Freight Exerplay $ 50,485.00 $ 14,970.00 $ 44,995.00 $ 110,450.00 Playcraft Systems LLC $ 60,827.36 $ 7,639.50 $ 23,030.63 $ 91,497.49 AIM Maintenance $ 62,427.59 $ 7,018.90 $ 25,143.61 $ 94,590.10 IMS (Industrial Maintenance Solutions) $ 45,605.50 $ 19,136.25 $ 33,331.25 $ 98,073.00 Northwest Playground Equipment Inc. $60,982.00 (structure only) $21,654.00 (structure only) $23,163.00 (structure only) $ 135,656.00 This bid tabulation is unofficial until KIB staff have a chance to review and verify the bid documents submitted by the apparent low bidder, and a contract receives administrative or Assembly approval. KIB Code 3.30.050 Processing of Bids: Nothwithstanding other provisions of this chapter relating to the award after competitive bid for purchases, sales, and contracts, the Borough may: A. Reject defective or nonresponsive bids, B. Waive any irregularities in any and all bids, C. Reject all bids, D. Negotiate with two or more of the lowest bidders, if bid prices are in excess of the money available or authorized, for a reduction in scope, quality, or quantity of the purchase, service, or contract, E. Readvertise for bids with or without making changes in the plans or specifications. KIB Code 3.30.060 Local Preference: The Assembly may, in its discretion, direct an award of contract for the purchase of personal property or services after competitive bidding to a responsible bidder who maintains a business office or store within the borough from which the property or service would be provided, if that bid does not exceed the lowest responsible bid by more than 10 percent. KIB Code 3.30.110 Competitive sealed proposal - Negotiated procurement: E. In the manner provided in the request for proposals, the manager may negotiate with those responsible proponents whose proposals are determined by the manager to be reasonably responsive to request for proposals. Negotiations shall be used to clarify and assure full understanding of the requirements of the request for proposals. The manager may permit proponents to revise their proposals after submission and prior to award to obtain best and final offers. Proponents deemed eligible for negotiations shall be treated equally regarding any opportunity to discuss and review proposals. In conducting negotiations or requesting revisions, neither the manager nor any other borough director or employee shall disclose any information derived from proposals of competing proponents. W 0 sv 0 z 0 Unofficial Bid Tab Kodiak Island Borough Bid Tabulation Sargent Creek Park Equipment Repalcement Bid Opening: 3/8/2024 - 2:30pm - AC Contractor Base Bid + Freight Alternate 1 + Freight Alternate 2 + Freight Total for All & Freight for All Exerplay $ 50,485.00 $ 14,970.00 $ 44,995.00 $ 110,450.00 Playcraft Systems LLC $ 60,827.36 $ 7,639.50 $ 23,030.63 $ 91,497.49 AIM Maintenance $50,427.59 (structure only) $40,18.90 (structure only) $19,581.45 (structure only) $ 94,590.10 IMS (Industrial Maintenance Solutions) $ 45,605.50 $ 19,136.25 $ 33,331.25 $ 98,073.00 Northwest Playground Equipment Inc. $60,982.00 (structure only) $21,654.00 (structure only) $23,163.00 (structure only) $ 135,656.00 This bid tabulation is unofficial until KIB staff have a chance to review and verify the bid documents submitted by the apparent low bidder, and a contract receives administrative or Assembly approval. v (D CD O C 1 C) June 28,2023 THE STATE °fALASKA GOVERNOR MIKE DUNLEAVY Aimee Williams, Borough Manager Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 RE: FY 2024 Reappropriation AGENDA ITEM #14.A.1. Department of Commerce, Community, and Economic Development DIVISION OF COMMUNITY AND REGIONAL AFFAIRS Anchorage Office VIA Email 550 West Seventh Avenue, Suite 1650 Anchorage, Alaska 99501 Main: 907.269.7906 Fax: 907.269.4539 Dear Ms. Williams: The Governor and Legislature have approved reappropriation of the grant listed below to a new FY 2024 Designated Legislative Grant per AS 37.05.315 Grants to Municipalities for the purpose of the Repair and Replacement of Playground Equipment at the Sargent Creek Park Playground. The amount of funding available for the new FY 2024 project is estimated to be $251426.50. Repealed Grant # Project Name Current Balance 12 -DC -388 Anton Larsen Dock $251,426.50 In order for the department to enter into an agreement for the new project, we must close out the existing grant. Please submit a final financial/progress report for the period ending June 30, 2023, and email the report to my attention no later than July 31, 2023. Once the report has been received and approved, we will proceed in closing out the existing grant. In preparation for the new grant agreement please submit the following information: • A scope of work for this project which includes a detailed project description, proposed timeline and budget narrative. • Original completed Signatory Authority Form (enclosed). • Site Control Documents such as a Lease, Deed, Right -of -Way, or Easement. Upon receipt of the requested information, I will prepare and send the grant agreement for signature. I have included a copy of the latest Designated Legislative Handbook, which is also available online at: htms://www.commerce.alaska.gQv/web/dcra/GrantsSection/DLGrants.asix. The handbook should answer any questions you have regarding management and use of grant funds. Congratulations on this award. We look forward to working with you to ensure the success of this project. If you have any additional questions, contact me at (907)269-7906 or lindsay.reese@alaska.gov. Sincerely, Lindsay Reese Grants Administrator 2 Enclosures: Signatory Authority Form; Designated Legislative Grantee Handbook Contract No. FY2024-28 Authorizing The Purchase And Freight Of Playgroun... Page 20 of 150 AGENDA ITEM #14.A.1. SECTION 00410 BID FORM Sargent Creek Park Playground Equipment Procurement AY—u ,AijLL7,4-w&wez /—/ r agrees to perform the work required at the amount specified in strict conformance with the terms of this solicitation and the Contract Documents. This offer is valid for ninety (90) calendar days after the date offers are due. If differences between the written and printed form, the written form shall prevail. BASE BID: Total cost of playground equipment detailed in Section III of this Invitation to Bid including freight costs to Kodiak, Alaska: (if differences exist between the written and printed form, the written form shall prevail) ITEM 1: Modular Play Structure Numerical Listing of Cost Dollars (Written): OlU1QG Iry LtN weA fe 11 US1*114AS S"�1bD $ 50M Z Freight Cost for Structure to Kodiak (Written): $ av%,d bl7 I an I Don on Total Cost (Equipment + Shipping): $ ITEM 2: Climber/Dome Structure // Dollars (Written):,40eUS° G/f1i O 146 9a v0 Freight Cost for Structure to Kodiak (Written): (*1D $ 31 000.T Total Cost (Equipment + Shipping): $ ITEM 3 Spinner/Climber Structure Dollars (Written): /Vf 410ee.P? "Or 0? Ve �t �/ �OIGC G✓D//A//i =/S�pp L6 C $19 q 1 a Freight Cost for Structure to Kodiak (Written): $ t I b (p Total Cost (Equipment + Shipping): $ 251 143. 101 ITEM 4 Estimated Equipment Total $ (All Structures + All Freight Costs): Dollars (Written): A -AI uS' O"rool % pe, ,wP /1%hL4-y 101 i9O KODIAK ISLAND BOROUGH ADDENDUM NO: 4 SARGENT CREEK PARK PAGE 2 PLAYGROUND EQUIPMENT PROCURMENT Contract No. FY2024-28 Authorizing The Purchase And Freight Of Playgroun... Page 21 of 150 AGENDA ITEM #14.A.1. AIM MAINTENANCE LLC Project: Sargent Creek Park Playground Equipment AIM Maintenance LLC was established in 2011 Authorized Personnel to sign any contracts are Athenas and Jeremy Williamson Contact Personnel Athenas Williamson 377 Neva Way Kodiak AK 99615 (907) 539-2346 Fax (907) 486-2346 williamsonmaintenance@gmail.com Jeremy Williamson 377 Neva Way Kodiak AK 99615 (907) 539-2347 Fax (907) 486-2346 williamsonmaintenance@gmail.com Athenas Williamson 377 Neva PHONEWay FAX (907) 539-2346 jq EM Kodiak EMA (907) 486-2346 Alaska 99615 williamsonmaintenance@gmail.com Contract No. FY2024-28 Authorizing The Purchase And Freight Of Playgroun... Page 22 of 150 AGENDA ITEM #14.A.1. Contract No. FY2024-28 Authorizing The Purchase And Freight Of Playgroun... Page 23 of 150 AIM MAINTENANCE LLC Qualifications AIM Maintenance purchased and installed a similar playground for the Alaska Housing Finance Corporation in 2023 that was comparable in size. AIM Maintenance is a locally owned disadvantaged business enterprise that was formed in 2011 by Athenas and Jeremy Williamson in the hopes of providing its small community with affordable services. In 2017 AIM Maintenance had the opportunity to install playgrounds in Port lions, Ouzinkie, Karluk, Larsen Bay, Akhiok, Old Harbor and Chiniak for the Kodiak Island Borough. That is where our intrest for installing playground equipment started. References AHFC- Michael Carlson Facilities Management 4300 Boniface Parkway Anchorage, Alaska 99504 907-330-8120 Budget $500,000.00 We work with Great Western Recreation and Game Time to Build, design, and install Quality playground equipment. We have certified Installers, and certified playground safety inspectors in Kodiak to help with keeping Kodiak's playgrounds meaningful, up to date, and SAFE! 377 Neva PHONEWay (907) 539-2346 FAX jq EM Kodiak 486-2346 EMAIL(907) Alaska 99615 williamsonmaintenance@gmail.com Contract No. FY2024-28 Authorizing The Purchase And Freight Of Playgroun... Page 23 of 150 AGENDA ITEM #14.A.1. SECTION 00410 BID FORM AA Sargent Creek Park Playground Equipment Procurement Hl �E�%Te�lQI%L� agrees to perform the work required at the amount specified in strict conformance with the terms of this solicitation and the Contract Documents. This offer is valid for ninety (90) calendar days after the date offers are due. If differences between the written and printed form, the written form shall prevail. BASE BID: Total cost of playground equipment detailed in Section III of this Invitation to Bid including freight costs to Kodiak, Alaska: (if differences exist between the written and printed form, the written form shall prevail) SARGENT CREEK PARK BID FORM PLAYGROUND EQUIPMENT 00410 -1 ITEM l: Modular Play Structure Dollars (Written). umerical: $ ITEM 2: Climber/Dome Structure Dollars (Written • � ,!% Numerical: $ ITEM 3 Spinner/Climber Structure Dollars (Written):�i � y a�— Numerical: $ Estimated Equipment Total Numerical: $ ITEM 4 Freight/Shipping to Kodiak, AK Dollars (Written): k/Ck � G umerical: $2- Total Doll Contract No. FY2024-28 Authorizing The Purchase And Freight Of Playgroun... Page 24 of 150 ars (Equipment &Freight) umerical: $ Q� Contract No. FY2024-28 Authorizing The Purchase And Freight Of Playgroun... Page 24 of 150 AGENDA ITEM #14.A.1. ACKNOWLEDGEMENT OF ADDENDA The offeror acknowledges receipt of addenda to the solicitation. Provide the number and date of each. Addendum Number Date P6 3-6"2-i BIDDER QUALIFICATIONS Kodiak Island Borough will only accept bids from qualified bidders. To be qualified to bid on this project, the bidder must be able to demonstrate previous experience with providing quality playground equipment. Bidders shall certify their compliance with this requirement by completing the appropriate blanks. Failure to provide the required signatures and other information will disqualify the bid. Bidder must have the necessary experience, organization, technical qualifications, financial resources, and facilities available to perform the contemplated work. Bidder must in all respects meet Federal, State, and local requirements to qualify as a responsible bidder. By signing this form (and providing seal if a corporation) Bidder warrants that it meets these requirements. Respectfully submitted: Date: �A4LiVTIt By t`!Qi �i�/iQ:�!%�D✓I Signature Title: �l�fGH p �v Contracting Firm (Seal if by Corporation) Business Address END OF BID FORM SARGENT CREEK PARK BID FORM PLAYGROUND EQUIPMENT 00410-1 Contract No. FY2024-28 Authorizing The Purchase And Freight Of Playgroun... Page 25 of 150 AGENDA ITEM #14.A.1. SECTION 00200a BID MODIFICATION Sargent Creek Park Playground Equipment Procurement Prior to the time and date designated for receipt of Bids, a Bid submitted may be modified by notice to the party receiving Bids at the place designated for receipt of Bids. All modifications shall be made to the original bid amount(s). Modifications shall be worded as not to reveal the amount of the original Bid. If more than one Modification form is submitted by any one bidder, changes from all Modification forms submitted will be combined and applied to the original bid. Changes to the modified Bid amounts will be calculated by the Owner. Bidder may use multiple modification pages if required. Circle either Addition or Deduction to indicate your adjustment to each applicable item. Sums shall be expressed in both words and figures. In case of discrepancy, the amount written in words shall govern. Bid Item (Base Bid, Alternate, etc) Addition / Deduction (circle one) Amount in Figures Amount in Words Addition / Deduction $ Addition / Deduction $ Addition / Deduction $ Addition / Deduction $ Addition / Deduction $ Addition / Deduction $ Ar..Lscl Ails% Oi?L'( 1-66 Name fBidding Firm 3 ly esponsible Party Signati bak A" 011-amme�2 Punted Name (must be authorized signatory for Bidding Firm) SARGENT CREEK PARK PLAYGROUND EQUIPMENT BID MODIFICATION 00200a Contract No. FY2024-28 Authorizing The Purchase And Freight Of Playgroun... Page 26 of 150 AGENDA ITEM #14.A.1. Contract No. FY2024-28 Authorizing The Purchase And Freight Of Playgroun... Page 27 of 150 NON -COLLUSION AFFIDAVIT The Undersigned declares, under penalty of perjury under the laws of the United States, that neither he/she nor the firm, association or corporation of which he is a member, a bidder on this project has, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with this bid. The Undersigned has read the foregoing proposal and hereby agrees to the conditions stated therein by affixing his/her signature below: Jibm 'el J_/� ignature ��7 Q, age ti � Name and Title of Person Signing 9s;;r s39-23 C/& T eel phone Number SARGENT CREEK PARK NON COLLUSION AFFIDAVIT PLAYGROUND EQUIPMENT 00420-1 Contract No. FY2024-28 Authorizing The Purchase And Freight Of Playgroun... Page 27 of 150 AGENDA ITEM #14.A.1. Proposal for AIM Maintenance Prepared by A96hhh.- GREAT EWESTERN 02-23-2024 Job # 111639-01 Sargent Creek Park Play Area Option 1 r 907-394-2577 1 www.gwpark.com Contract No. FY2024-28 Authorizing The Purchase And Freight Of Playgroun... Page 28 of 150 t O v 0 z 0 N O N N Cb D C: O N' 3 CD C 0 3 v N CD D D n CD cam' O h v O C: 73 v CD N CO O 0 t 0 v 0 z 0 N O N N Cb D C: 0 N' 3 CD C 0 3 v N CD D D n CD cam' O h v 0 C: 73 CD W C) 0 C) z 0 v 0 z 0 N O N N 00 D C: zT 0 M. N_ ZY (D C n 3 v (n (D D D CL (D (Q ZY 0 (Q 0 T W 0 CD Sargent Creek Park Play Area Option 1 - Project 111639 -01 -Opt 1 Womens Bay, AK fi mw f 1i. �E OF 71F "Im � GREAT WESTERN A STRONG FOUNDATION IN PLAY FOR OVER 50 YEARS P: (435) 245-5055 / F: 435 245-5057 Nancy@gwpark.com R E c 11A 'r o ni C) O v 0 z O z 0 v 0 z 0 N O N il N OD D C: 0 N_ ZY CD C n 3 v cn CD D D n CD cQ' ZT O h v 0 C: 73 Sargent Creek Park Play Area Option 1 - Project 111639 -01 -Opt 1 Womens Bay, AK ow { >. +; v 1011141", t`,k��n'`r -w!c �x�.i. �'s.•.s" t yr �fir.'•t � ,FAX hl' ` IR Fyssr w i ,�., �».,+t .,� r' •�` �` �, ��' �q"JI ~< K .tw`p tom$ '�•.� 1;v��3r ,ay C"g ,� {. x #.� � 9;� 'W !err u1 -a,^ ,t N :%' e'er - afpp�-- �,,. „r,r j t'F' ✓'� s� `4vn'F �_ � 9 j,'�r°-gar r ,:;: �.� ON K`#. Y - } � � � ��'`(. � ! X�� i��y�� {�'"�'" 2{�� . �t'+a'�,,xi �'^� �` a a��+�k. �._. �� `.i•78'!TA:m� Y s�2p�y�.b 4; a:. v�t,'kyfz'.f�"s�` nNa;`t:. GREAT WESTERN A STRONG FOUNDATION IN PLAY FOR OVER 50 YEARS P: (435) 245-5055 I F: 435 245-5057 Nancy@gwpark.com !e is C R E r i o N w 0 D v 0 z 0 94' 1 " B' TIMBER BORDERS HWR e StGPm NNN6 r �) EN�1�}AY BUTIENRLr oaup%w�ua'rsauoE . °Vi�iiY eat 'I RxMJ,3EA[] SCHOWER 4• 61TRYNAT 800]3 lE'B;Rmc (BSTAiHEESpCP J B� ARRLER) sT5 80105 �Vppw�nY 5• 0 I1) �µ(3BR SE) W BT13/ al:' x B , ("f En�i3Sr 3p4o III - 35'-0" s [j AR—Y ti M/ SOCKE WN'n0 BAR ry�� 8' II tWa BSB) 81010 /� IXISTINC SWINGS .xai..•„»»s iRANSEA RAlfpiM WNx IlNN�818B1 �0 wp�� y yWBO�vi'v� 0P .:.._�. �/� CUMeBR SIRMGITBOA SNBE II {g � 80246 WBId 0 10' S' 16' ISO qlM Maintenance Tobl ElevareB Prey Componenb 10 m� PreY MlNmum Area RMWredouM bxp e�l8 pre�uae1zan°ae olall orexn eY B00 Tprel Elaveretl Prey CemponeNe FcgeelEle By Ramp - Rxluimtl - nepeuf�e4lwe SALES ftEP Ipment i� NM Sargent Creek Park NANcY CASEr '°pmmBxa ire: - a Nn.romeet�ine are: 901384-251] IErevereB Cpmppnmle Acweeibb By Tnnix B Rxluiretl 5 NrcRp4ren apes BB nOM IB P��ea�peclfiM bynre u.i 2/20/2024 W%mens�Ba , AK THle�rewl NANCYCI-PARK.COM Tprel Accessible Greun4 ��va Comparenre SOawn 5 Require0 3 rery nw , 6 EEI1T eW E9TEoN ® , B-12 Ny MTen in OmNry Nemo: ' b.LBd Great WBSIem Recreation prel DlSemnt Types OlGmun4leva Companenle 5 Repulretl a san�le•x24'rormel 111B39 -01A [1 t 0 v 0 z 0 N O N N Cb D C: 0 N' 3 CD C 0 3 v N CD D D n CD cam' O h v 0 C: 73 v CD W 0 C) AGENDA ITEM #14.A.1. Contract No. FY2024-28 Authorizing The Purchase And Freight Of Playgroun... Page 37 of 150 GairTi nie® 657 Enriching Childhood Through Play. EAGLE'S 1-800-235-2440 PERCH ISSUED/REVISED: 1/3/24 INSTALLATION – DETAIL O= PARTS LIST REFERENCE 7}�'�pl�ry,�uipinait CHILDREN YEARS OLD nd"n—M i. M j t NOTE: 1.) OWNER/OPERATOR SHALL 15-10 7/16" [4.84M] INSTALL AND MAINTAIN PROTECTIVE SURFACING WITHIN THE USE ZONE (U.S.) OR PROTECTIVE SURFACING ZONE (CANADA) OF ALL PLAY EQUIPMENT TO COMPLY WITH ASTM F-1292 AND ASTM F-1487 (U.S.) or CAN/CSA-Z-614 (CANADA).15'-10 7/16" [4.84M] 07 2.) THE ASTM USE ZONE AND CSA PROTECTIVE SURFACING ZONE ARE DETERMINED BY EXTENDING THE PRODUCT OUTSIDE DIMENSIONS SHOWN A MINIMUM ADDITIONAL DISTANCE OF 6'-0" [1.8M] IN ALL DIRECTIONS. TOP VIEW Contract No. FY2024-28 Authorizing The Purchase And Freight Of Playgroun... Page 37 of 150 AGENDA ITEM #14.A.1. Contract No. FY2024-28 Authorizing The Purchase And Freight Of Playgroun... Page 38 of 150 SPECIFICATIONS RUNGS: Shall be fabricated of 1-1/16" O.D. galvanized primary fasteners shall be 300 series stainless steel. pipe. Each piece shall be precision punched, flattened Fasteners with yellow dichromate treatment have an and have round ends. electro deposited, 99.9% pure zinc substrate applied from a specially formulated solution sealed with a yellow CONNECTING PLATE: Shall be fabricated of 11 gauge dichromate top coat designed to work in conjunction with hot rolled steel. the zinc plating. Yellow dichromate has a 320% longer life to white corrosion and 275% longer to red corrosion FINISH. Connecting plates shall be painted with a red, than does hot -dip galvanizing. white, blue and yellow powder coat. NOTE: All weights are based on average comparisons GENERAL: Size of the unit shall be approximately 15'-10 of each part. 7/16" [4.84M] in diameter and 6'-0" [1.83M] high. SPECIFICATIONS: GAM ETI ME@ has a policy of HARDWARE: All nuts, bolts, screws, inserts, and continuous improvement and reserves the right to lockwashers used in the assembly of all play equipment, discontinue or change specifications without notice. shall be stainless steel, yellow dichromate plated steel, blue -coat plated steel, mechanically galvanized or powder coated/yellow dichromate plated steel. All sTo IMPORTANT PRODUCT INFORMATION STOP AND SAFETY WARNINGS ❑ All equipment should be installed on a soft, resilient, energy -absorbing ground surface. NEVER INSTALL PLAY EQUIPMENT ON CONCRETE OR ASPHALT. A fall on a hard surface can result in serious injury to the equipment user. ❑ ALWAYS FOLLOW INSTALLATION INSTRUCTIONS WHEN ERECTING EQUIPMENT. ❑ Worn surfaces around equipment should be restored. Concrete footings should never be exposed. Surface depth should comply with installation instructions. ❑ Equipment should be placed to eliminate conflicting traffic patterns. ❑ To reduce the risk of clothing entanglement in compliance with ASTM F1487, any bolt end protruding more than two full threads beyond the face of the nut shall be cut-off, filed smooth and treated to prevent corrosion. Sharp edges on pipes should be removed. Check for bent, broken or severely worn pipe and replace. ❑ Test overall stability and rigidity of all play equipment. Check for proper assembly, installation and ground anchoring. ❑ Check for and repair damage caused by wear or vandalism, a major factor in injury -causing situations. ❑ GAMETIMEO PROVIDES ITS CUSTOMERS WITH COMPLETE SPECIFICATION SHEETS AND INSTALLATION INSTRUCTIONS. THE SPECIFICATION SHEET CONTAINS THE LISTING OF EVERY PART USED IN A PIECE OF EQUIPMENT AND SHOULD BE KEPT IN THE CUSTOMER'S FILES FOR ACCURATE REFERENCE WHEN REPLACEMENT PARTS ARE NEEDED. ❑ Never add components not intended for use with this product. ❑ Regular maintenance is necessary on this and all park and recreational equipment to ensure the safety of the user. ❑ Proper maintenance of GAMETIME@ equipment requires regular tightening of all bolts, nuts, and set screws. ❑ All equipment should be free of rust and repainted whenever necessary to deter rusting. ❑ Regular checking of all parts, castings, etc., should be made. If a part is broken or worn it should be replaced immediately. ❑ Never use GAMETIME playground equiment around or in conjunction with swimming pools, ponds, lakes or any other bodies of water. ❑ Check to be sure all fittings are tight and that the bars and pipes do not move. ❑ A soft, resilient surface should be placed under all climbers, extending at least six feet in all directions surrounding the climbers. NEVER INSTALL PLAY EQUIPMENT ON CONCRETE OR ASPHALT. PAGE 2 Contract No. FY2024-28 Authorizing The Purchase And Freight Of Playgroun... Page 38 of 150 AGENDA ITEM #14.A.1. Contract No. FY2024-28 Authorizing The Purchase And Freight Of Playgroun... Page 39 of 150 3/8" x 1-1/4" B.H.C.S. (811051) 6 -HOLE CONNECTING PLATE 3/8" LOCKWASHER (817334) 3/8" FLATWASHER (817410) FINISHED 3/8" HEX NUT (804053) SURFACE O O 0 SHOCK J '� J 0 r r r R3.9" [10.00cm] ABSORBING r J r J — — MAX. RAD. MATERIAL r r r r r r r r r r r r r r r a \\/\ 2'-6" [76.20cm] / a 45" MIN. < °a < \ 1'-6" ° \\\ \ EARTH .. , .' [45.72cm] dd.� A GROUND LEG DIMENSIONS TO BRICK ORCONCRETE TOP OF BRICK EQUIVALENT 1'-2" [35.56cm] OR EQUIVALENT DIAMETER TYPICAL FOOTING DETAIL NOTES: 1.) CONCRETE REQUIRED: .60 CUBIC YARDS [.46 CUBIC METERS]. 2.) SHOCK ABSORBING PROPERTIES OF SURFACING MATERIALS VARY. IF YOU DETERMINE THAT LESS THAN 1'-0" [30.48cm] OF SURFACING IS REQUIRED, MAKE UP THE DIFFERENCE IN ELEVATION WITH EARTH, BEFORE APPLYING SURFACING. 3.) SLOPED FOOTING IS A REQUIREMENT OF EUROPEAN STANDARD EN1176-1. 4.) SUGGESTED MINIMUM CONCRETE RATING: 3000psi. 3/8" x 3/4" CARRIAGE BOLT (800252) CONNECTING PLATE ANGLE END OF RUNGS TO FACE OUTWARDS RUNG 3/8" FLATWASHER (817410) 3/8" SELF-LOCKING NUT (804353) DETAIL 'A' PAGE 3 Contract No. FY2024-28 Authorizing The Purchase And Freight Of Playgroun... Page 39 of 150 AGENDA ITEM #14.A.1. Contract No. FY2024-28 Authorizing The Purchase And Freight Of Playgroun... Page 40 of 150 61 iy � `16 128117 7 6 7 1 611 0 26717 0 12Su3 ,7 e ,26`0 ,26 11 126 m m � i 1 128j1g � N 11 m Zm1 1 26,`9 m 1 N 128117 125438 126117 o 1 128119 126119 126118 5 -HOLE CONNECTING PLATE z � 1281 l28j 128118 m N m 110 7 6 -HOLE CONNECTING N PLATE AROUND BOTTOM 126778 (TYPICAL) 126117 THIS AREA FOR ADULT ACCESS BLUE 4 -HOLE COATED BLUE 6 HOLE COATED CONNECTING PLATE CONNECTING PLATE PLAN VIEW i PAGE 4 Contract No. FY2024-28 Authorizing The Purchase And Freight Of Playgroun... Page 40 of 150 AGENDA ITEM #14.A.1. Contract No. FY2024-28 Authorizing The Purchase And Freight Of Playgroun... Page 41 of 150 12'-2 1/2" [372.18cm] 9'-3 15/16" [284.32cm] 4'-7 15/16" [142.16cm] 2'-10 9/16" [87.86cm] 1'-6 3/16" 46.19cm 3'-11 5/8" [120.93cm] 8'-10 7/16" [270.40cm] _ _ �- — 12'-10 1/16" [391.33cm] 14'-4 1/4" [427.52cm] i — �— — 4'-10 7/8" [149.47cm] (TYPICAL) 1'-2" [35.56cm] DIA. x 2'-6" [76.20cm] DEEP (10 PLACES) GROUND PLAN PAGE 5 Contract No. FY2024-28 Authorizing The Purchase And Freight Of Playgroun... Page 41 of 150 AGENDA ITEM #14.A.1. INSTALLATION INSTRUCTIONS NOTE: THIS INSTALLATION BOOKLET SHOULD BE of the rung point outward from the center of the unit. KEPT IN CUSTOMER'S FILE FOR FUTURE See Detail "A". Finger tighten only. When bottom is REFERENCE. assembled, bolt one ground leg in ten places equally 38 spaced around the circumference of the bottom (see NOTE: Do not overtighten bolts. To overtighten may Typical Footing Detail). NOTE: Use blue coated 6 - cause buckling or dimpling of some parts. hole connecting plates on each side of adult 3 entrance. NOTE: Read installation instructions thoroughly before starting assembly. Pour concrete only after final assembly is complete. Bracing material may be required during assembly. NOTE: Do not tighten any nuts, bolts, rods, etc. until the unit is completely assembled. NOTE: Assembly and leveling time will be greatly reduced if a transit is used to set location and depth of ground holes. NOTE: Loctite (supplied by others) should be used on all non -patch hardware. NOTE., To reduce the risk of clothing entanglement in compliance with ASTM F1487, any bolt end protruding more than two full threads beyond the face of the nut shall be cut-off flush, filed smooth and treated to prevent corrosion. STEP 1: Start at bottom of unit using 6 -hole connecting plates and 3/8" x 3/4" carriage bolts and self-locking nuts. NOTE: It is important that the angle on the ends STEP 2: Using the bottom section as template, dig (10) required holes V-2" [35.56cm] diameter x 2'-6" [76.20cm] deep. Place brick or equivalent in the bottom of the holes to provide a solid foundation for each leg (allow for this in hole depth). Make sure each hole is level with one another. Place assembled section in holes. Check to make sure it is level. See Typical Footing Detail. NOTE. Due to extremes in weather and soil conditions, holes sizes may have to be increased to meet local conditions. STEP 3: Continue assembling by working upward around the bottom of unit. NOTE: To determine where to use a 5- or 6 -hole connecting plate, count the number of rungs on the diagram at each intersection. See Plan View. STEP 4: When unit is completely assembled, tighten all bolts and torque to a maximum of 45 foot pounds with a torque wrench. Check to make sure unit is level. STEP 5: Pour concrete to within V-0" [30.48cm] of finished surface. See Typical Footing Detail. Allow concrete a minimum of 48 hours to cure and harden. PARTS LIST REF. NO. DESCRIPTION NO. REQ'D. PART NUMBER 1 Run 2'-0 5/8"/63cm Lg. 38 1 126116** 2 Run V-10 3/4"/58cm L . 80 126117** 3 Run (1'-6 3/8"/47cm) Lg. 30 126118** 4 : Rung (1'-11 3/16"/59cm) Lg. 20 126119** 5 'Run 2'-2"/66cm L . 20 125435** Ground Leg 10 153048 _ Red 5 -Hole Connecting Plate 6 102967 White 6 -Hole Connecting Plate 21 102966 _ Yellow 6 -Hole Connecting Plate 20 103391 Blue 6 -Hole Connecting Plate 21 103392 Blue 6 -Hole Coated Connecting Plate 2 223736 Blue 4 -Hole (Coated) Connecting Plate 1 176169 Hardware Complete 1 153457 3/8" Self -Locking Nut 376 1 804353* 3/8" x 3/4" Carriage Bolt Grade 5 376 800252* 3/8" x 1-1/4" B.H.C.S. 20 811051* 3/8" Flatwasher 396 817410* 3/8" Lockwasher 20 817334* 3/8" Hex Nut 20 804053* Unless Otherwise Specified, All Units of Measure are Each ' Included in Hardware ** Included in Bar Package 177985 Warning: During Installation, Hardware And Small Parts Are Choking Hazards For Young Children. Store Unused Parts Appropriately Until Assembly Is Completed. Once Assembly Is Completed, Remove Any Unused Parts From The Play Environment And Dispose/Save Them /n A Secure Location, PAGE 6 Contract No. FY2024-28 Authorizing The Purchase And Freight Of Playgroun... Page 42 of 150 3/7/24, 10:19AM GameTime Warranty for Commercial Playground Equipment HOME / WARRANTY Warranty Dlnwrrrni inrd nnr4 Gitr�occ Drnrli jrrt ('niornrin GameTime), n'Lc CORE -- https://www.gametime.com/resources/warranty AGENDA ITEM #14.A.1. 1/5 Contract No. FY2024-28 Authorizing The Purchase And Freight Of Playgroun... Page 43 of 150 AGENDA ITEM #14.A.1. 3/7/24, 10:19 AM GameTime Warranty for Commercial Playground Equipment We Stand By A new playground or fitness park is an investment in the health, wellness, and quality of life of your community- and it's an Our investment that should last for years to come. GameTime Products and manufactures our products from high quality materials and backs them with one of the leading warranties in the industry to give By You. you peace of mind and help you protect that investment. Warranty Coverage https://www.gametime.com/resources/warranty Play Systems and Play Products • Lifetime limited warranty on PowerScape®, PrimeTime®, Xscape®, IONiX®, and Modern City® uprights. • Lifetime limited warranty on all hardware. • Lifetime limited warranty on GameTime PowerScape Tru -Loc@ connections. • Lifetime limited warranty on IONiX@, PrimeTime® and Xscape® bolt -through connections. • Twenty -Year limited warranty on Timber Decor@ & Timbers recycled plastic lumber. • Fifteen -Year limited warranty on metal decks, pipes, rungs, rails, loop, braces, and footbucks. • Fifteen -Year limited warranty on rotationally molded products. • Ten -Year limited warranty on site furnishings. • Ten -Year limited warranty on integrated SunBlox® products. • Ten -Year limited warranty on fiberglass and DHPL signage. • Five -Year limited warranty on Tuff Forms® structures, including TuffCrete m and PolyShieldTM • Five -Year limited warranty on nylon -covered cable net climbers and components. 2/6 Contract No. FY2024-28 Authorizing The Purchase And Freight Of Playgroun... Page 44 of 150 AGENDA ITEM #14.A.1. 3/7/24, 10:19 AM GameTime Warranty for Commercial Playground Equipment • Five -Year limited warranty on GT Symphony FreenotesTm Harmony Park components. https://www.gametime.com/resources/warranty • Five -Year limited warranty on HDPE panels. • Five -Year limited warranty on Super SeatsTm. • Three -Year limited warranty on Everybody Plays polyurea coated foam and rubber strips. • Three -Year limited warranty on SaddleMates@ rubber and "C" -springs. • Three -Year limited warranty on Hand Sanitizer Lockbox • One -Year limited warranty on all other GameTime products. • One -Year limited warranty on pressure -treated pine and redwood products. Fitness Products and Challenge Course • Lifetime limited warranty on all hardware • Fifteen -Year limited warranty on rotationally -molded components • Ten -Year limited warranty on stationary GTfit, Thrive, and Challenge Course posts, bars, welds and metal accessories (excluding cycle parts) • Ten -Year limited warranty on HPL Instructional Signage • Five -Year limited warranty on Net Climbers • Five -Year limited warranty on stainless damper module and aluminum cycle cover • Five -Year limited warranty on HDPE panels. • Two -Year limited warranty on bearings, damper, plastics, rubber parts and some cycle parts, including pedal and shaft • One -Year limited warranty on Challenge Course timing systems (requires GT Impax surfacing) 3/6 Contract No. FY2024-28 Authorizing The Purchase And Freight Of Playgroun... Page 45 of 150 AGENDA ITEM #14.A.1. 3/7/24, 10:19 AM GameTime Warranty for Commercial Playground Equipment • One -Year limited warranty on Recumbent Cycle belt (excludes cosmetic damage or defects) https://www.gametime.comlresources/warranty Vista Rope Products • Lifetime Warranty Uprights and hardware, excluding cosmetic damages or defects • 15 Year Limited Warranty on Punched Steel, Pipes, Rails, Loops and Rungs • 15 Year Limited Warranty on Rotomolded Polyethylene Components • 15 year limited warranty on nylon bearings and ring junction pieces excluding cosmetic damages or defects • 10 year limited warranty on cable breakage, excluding cosmetic damages or defects • 5 year limited warranty on premature wear of nylon cables, excluding cosmetic damages or defects • 3 year limited warranty on rubber seat and rubber mats for net events, excluding cosmetic damages or defects 4!6 Contract No. FY2024-28 Authorizing The Purchase And Freight Of Playgroun... Page 46 of 150 3/7/24, 10:19 AM GameTime Warranty for Commercial Playground Equipment AGENDA ITEM #14.A.1. Custom and Themed Products • Five -Year limited warranty on glass fiber reinforced concrete (GFRC) TuffCrete® structures • Five -Year limited warranty on glass fiber reinforced polymer (GFRP) PolyShield(O sculptures Five -Year limited warranty on custom -routed HDPE panels. Prolong the Life of Your Play System Request Our Maintenance and Supervision Guides https://www.gametime.com/resources/warranty 56 Contract No. FY2024-28 Authorizing The Purchase And Freight Of Playgroun... Page 47 of 150 z O v 0 z O N O N N 00 D c zT O N_ tQ ZY (D C n 3 v U) (D D Z3 CL m 3 0 h `G CQ O C r\ktAOLVI M LLA ---p aq An ( RECEIVES} Kodiak Island Borough Finance Department ��/' i*� • It4 IL. qf4 t`S AGENDA ITEM #14.A.1. Contract No. FY2024-28 Authorizing The Purchase And Freight Of Playgroun... Page 49 of 150 �.. KODIAK ISLAND BOROUGH SARGENT CREEK PARK PLAYGROUND EQUIPMENT PROCUREMENT ISSUED: January 31, 2024 Contract No. FY2024-28 Authorizing The Purchase And Freight Of Playgroun... Page 49 of 150 AGENDA ITEM #14.A.1. IMPORTANT BIDDER REGISTRATION FORM Upon receipt of these bid documents, the contractor 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. Contractor's Contact Information 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 Valerio, Projects Assistant Engineering/Facilities Department Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615-6398 Phone: (907) 486-9341 Fax: (907) 486-9343 Email: pvalerio@kodiakak.us END OF BIDDER REGISTRATION FORM SARGENT CREEK PARK BIDDER REGISTRATION FORM PLAYGROUND EQUIPMENT 00000 Contract No. FY2024-28 Authorizing The Purchase And Freight Of Playgroun... Page 50 of 150 SECTION 00001 PROJECT TITLE PAGE SARGENT CREEK PARK PLAYGROUND EQUIPMENT PROCUREMENT KODIAK, ALASKA BID DOCUMENTS January 31, 2024 ACKNOWLEDGEMENTS OWNER KODIAK ISLAND BOROUGH END OF PROJECT TITLE PAGE SARGENT CREEK PARK PLAYGROUND EQUIPMENT AGENDA ITEM #14.A.1. PROJECT TITLE PAGE 00001-1 Contract No. FY2024-28 Authorizing The Purchase And Freight Of Playgroun... Page 51 of 150 TABLE OF CONTENTS DIVISION 0 — BIDDING REQUIREMENTS AND CONTRACT FORMS 00000 REGISTRATION FORM 00001 PROJECT TITLE PAGE 00100 INVITATION TO BID 00200 INSTRUCTIONS TO BIDDERS 00200a BID MODIFICATION 00410 BID FORM 00420 NON -COLLUSION AFFIDAVIT 00510 EQUIPMENT PURCHASE AGREEMENT 00900 CLOSEOUT DOCUMENTS DIVISION 1— GENERAL REQUIREMENTS 01100 SUMMARY EXHIBIT A MAP OF PLAYGROUND AREA EXHIBIT B EXAMPLE STRUCTURES END TABLE OF CONTENTS SARGENT CREEK PARK PLAYGROUND EQUIPMENT AGENDA ITEM #14.A.1. TABLE OF CONTENTS 00001 Contract No. FY2024-28 Authorizing The Purchase And Freight Of Playgroun... Page 52 of 150 AGENDA ITEM #14.A.1. SECTION 00100 INVITATION TO BID The KODIAK ISLAND BOROUGH will receive sealed bids until 2:30 pm (local time), March 1, 2024, for the SARGENT CREEK PARK PLAYGROUND EQUIPMENT PROCUREMENT, Kodiak, Alaska. The scope of work is to provide playground equipment as described in the specifications, including all freight costs to Kodiak, Alaska. The Kodiak Island Borough reserves the right to reject or accept any or all bids, to waive irregularities or informalities in the bid or in the bidding, and to give particular attention to the qualifications of the Bidder. Bid documents are available on the Kodiak Island Borough website at www.kodiakak.us or by contacting the individual below: CONTACT PERSON: Patricia Valerio, Projects Assistant Engineering/Facilities Department Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 Phone: (907) 486-9341 Fax: (907) 486-9343 Email: pvalerionakodiakak.us Bid Package Available: January 31, 2024 SUBMIT BIDS TO: Office of Finance — Room 104 Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 Bids will be received only in the Borough Finance Office and only until the time stated above, at which time they will be publicly opened and read aloud. Bids received after the time stated above will be returned unopened. Bid envelopes must be clearly marked SARGENT CREEK PARK PLAYGROUND EQUIPMENT PROCUREMENT. Aimee Williams, Borough Manager END OF INVITATION TO BID SARGENT CREEK PARK PLAYGROUND EQUIPMENT INVITATION TO BID 00100-1 Contract No. FY2024-28 Authorizing The Purchase And Freight Of Playgroun... Page 53 of 150 AGENDA ITEM #14.A.1. SECTION 00200 INSTRUCTIONS TO BIDDERS 1.0 DEFINED TERMS. Terns used in these Instructions to Bidders and the Notice Inviting Bids, which are defined in the General Conditions, have the meanings assigned to them in the General Conditions. The tern "Bidder" means one who submits a Bid directly to the OWNER, as distinct from a sub -bidder, who submits a Bid to a Bidder. 2.0 INTERPRETATIONS AND ADDENDA. a. INTERPRETATIONS. Clarification or interpretation of the Bidding Documents shall be made through a written request to the Project Manager at least five days prior to the date for receipt of bids. Questions received less than seven Days prior to the Deadline for Bids may not be answered. Only questions answered by formal written Addendum will be binding. Oral and other interpretations or clarifications will be without legal effect. b. ADDENDA. Interpretations, corrections, and changes of the Bidding Documents will be made by Addendum. Addenda will be made available through the Kodiak Island Borough website. Registered Bidders will receive notification that an addendum is available. Bidders are responsible for downloading the addendum from the Kodiak Island Borough website. 3.0 FAIR COMPETITION. More than one Bid from an individual, firm, partnership, corporation, or association under the same or different names will not be considered. If the OWNER believes that any Bidder is interested in more than one Bid for the WORK contemplated, all Bids in which such Bidder is interested will be rejected. If the OWNER believes that collusion exists among the Bidders, all Bids will be rejected. 4.0 RESPONSIBILITY OF BIDDERS. Only responsive Bids from responsible Bidders will be considered. A Bid submitted by a Bidder determined to be not responsible may be rejected. The OWNER may find a bidder to be not responsible for any one of the following reasons, but is not limited in its responsibility analysis to the following factors: a. Evidence of bid rigging or collusion; b. Fraud or dishonesty in the performance of previous contracts; c. Record of integrity; d. More than one bid for the same work from an individual, firm, or corporation under the same or different name; e. Unsatisfactory performance on previous or current contracts; f. Failure to pay, or satisfactorily settle, all bills due for labor and material on previous contracts; g. Uncompleted work that, in the judgment of the OWNER, might hinder or prevent the bidder's prompt completion of additional work, if awarded; h. Failure to reimburse the OWNER for monies owed on any previous contracts; i. Default under previous contracts; j. Failure to comply with any qualification requirements of the OWNER; special standards for responsibility, if applicable, will be specified. These special standards establish minimum standards or experience required for a responsible Bidder on a specific contract; k. Lack of skill, ability, financial resources, or equipment required to perform the contract; or 1. Lack of legal capacity to contract. SARGENT CREEK PARK PLAYGROUND EQUIPMENT INSTRUCTIONS TO BIDDERS 00200-1 Contract No. FY2024-28 Authorizing The Purchase And Freight Of Playgroun... Page 54 of 150 AGENDA ITEM #14.A.1. m. Bidders must be registered as required by law and in good standing for all amounts owed to the OWNER per Paragraph 21.0 of this Section. Nothing contained in this section deprives the OWNER of its discretion in determining the lowest responsible bidder. Before a Bid is considered for award, a Bidder may be requested to submit information documenting its ability and competency to perform the WORK, according to general standards of responsibility and any special standards which may apply. It is Bidder's responsibility to submit sufficient, relevant, and adequate information. OWNER will make its determination of responsibility and has no obligation to request clarification or supplementary information. 5.0 NON-RESPONSIVE BIDS. Only responsive Bids will be considered. Bids may be considered non-responsive and may be rejected. Some of the reasons a Bid may be rejected for being non- responsive are: a. If a Bid is received by the OWNER after the Deadline for Bids. b. If the Bid is on a form other than that furnished by the OWNER, or legible copies thereof, or if the form is altered or any part thereof is detached; or if the Bid is improperly signed. c. If there are unauthorized additions, conditional or alternate Bids, or irregularities of any kind which may tend to make the bid incomplete, indefinite, ambiguous as to its meaning, or in conflict with the OWNER'S Bid document. d. If the Bidder adds any unauthorized conditions, limitations, or provisions reserving the right to accept or reject any award, or to enter into a contract pursuant to an award. This does not exclude a Bid limiting the maximum gross amount of awards acceptable to any one Bidder at any one Bid opening, provided that any selection of awards will be made by the OWNER. e. If the Bid does not contain a Unit Price for each pay item listed, except in the case of authorized alternate pay items. f. If the Bidder has not acknowledged receipt of each Addendum. g. If the Bidder fails to furnish an acceptable Bid guaranty with the Bid. h. If any of the Unit Prices Bid are excessively unbalanced (either above or below the amount of a reasonable Bid) to the potential detriment of the OWNER. i. If a Bid modification does not conform to Article 10.0 of this Section. 6.0 BIDDER'S EXAMINATION OF CONTRACT DOCUMENTS. It is the responsibility of each Bidder before submitting a Bid: a. To examine thoroughly the Contract Documents, and other related data identified in the Bidding documents (including "technical data" referred to below): 1. To consider federal, state and local laws and regulations that may affect cost, progress, or performance of the WORK, 2. To study and carefully correlate the Bidder's observations with the Contract Documents, and other related data; and b. To notify the OWNER of all conflicts, errors, or discrepancies in or between the Contract Documents and such other related data. c. The submission of a Bid will constitute an incontrovertible representation by the Bidder that the Bidder has complied with every requirement of Article 6.0, "Bidder's Examination of Contract Documents " herein, that without exception the Bid is premised upon performing the WORK required by the Contract Documents and such means, methods, techniques, sequences, or procedures of construction as may be indicated in or SARGENT CREEK PARK PLAYGROUND EQUIPMENT INSTRUCTIONS TO BIDDERS 00200-2 Contract No. FY2024-28 Authorizing The Purchase And Freight Of Playgroun... Page 55 of 150 AGENDA ITEM #14.A.1. required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the WORK. 7.0 BID FORM. a. Bids and bidding information shall be submitted on the Bid Form and other documents provided and as stipulated in the Invitation to Bid. b. All blanks on the Bid Form shall be filled out. c. All requested Alternates shall be bid. If no change in the Base Bid is required, enter "0." d. The Bidder shall make no stipulations on the bid form nor qualify the Bid in any other manner. e. All documents requiring a signature shall be signed by the person or persons legally authorized to bind the Bidder to a contract. A Bid by a corporation shall further give the state of incorporation and have the corporate seal affixed. A Bid submitted by an agent shall have the current power of attorney attached certifying the agent's authority to bind the Bidder. 8.0 SUBMISSION OF BIDS. All information required for bidding shall be submitted in accordance with the Invitation to Bid. The Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids. Oral, telephonic, telegraphic, facsimile or other transmitted bids will not be considered. 9.0 DISCREPANCIES IN BIDS. In the event there is more than one Pay Item in a Bid Schedule, the Bidder shall furnish a price for all Pay Items in the schedule, and failure to do so may render the Bid non-responsive and cause its rejection. In the event there are Unit Price Pay Items in a Bid Schedule and the "amount" indicated for a Unit Price Bid Item does not equal the product of the Unit Price and quantity, the Unit Price shall govern and the amount will be corrected accordingly, and the Bidder shall be bound by said correction. In the event there is more than one Pay Item in a Bid Schedule and the total indicated for the schedule does not agree with the sum of the prices Bid on the individual items, the prices Bid on the individual items shall govern and the total for the schedule will be corrected accordingly, and the Bidder shall be bound by said correction. 10.0 BID MODIFICATIONS AND UNAUTHORIZED ALTERNATIVE BIDS. a. A Bid may not be modified, withdrawn, or canceled by the Bidder for 90 days following the time and date designated for the receipt of Bids, and each Bidder so agrees in submitting a Bid. b. Prior to the date and time designated for receipt of Bids, a Bid submitted may be modified or withdrawn by the Bidder. c. See the Bid Modification form which must be used to modify a bid after it has been submitted. The bid modification form may be delivered in person, by mail or by fax to the Contact Person listed in the Invitation to Bid. The Bid Modification form must be received by the Contact Person no later than the deadline for bids. Modifications will be time and date stamped which will establish the official time of receipt of the Modification. The Modification must not reveal the bid price but should be in the form of an addition or subtraction or other modification so that final prices will not be known until the sealed bid is opened. Submittal by the bidder of any form other than the Bid Modification form included in this section may deem the modification unacceptable and be cause for the bid to be rejected. d. Withdrawn Bids may be resubmitted up to the date and time designated for the receipt of SARGENT CREEK PARK PLAYGROUND EQUIPMENT INSTRUCTIONS TO BIDDERS 00200-3 Contract No. FY2024-28 Authorizing The Purchase And Freight Of Playgroun... Page 56 of 150 AGENDA ITEM #14.A.1. Bids provided that they are then fully in conformance with these Instructions to Bidders. 11.0 AWARD OF CONTRACT. Award of a contract, if it is awarded, will be on the basis of materials and equipment described in the Drawings or specified in the Technical Specifications and will be made to the lowest responsive, responsible Bidder whose Bid complies with all the requirements prescribed. Unless otherwise specified, any such award will be made within the period stated in the Notice Inviting Bids that the Bids are to remain open. Unless otherwise indicated, a single award will be made for all the Bid items in an individual Bid Schedule. If the OWNER has elected to advertise this Project with a Base Bid and Alternates, the OWNER may elect to award the contract for the Base Bid, or the Base Bid in combination with one or more Alternates selected by the OWNER. In either case, award shall be made to the responsive, responsible bidder offering the lowest total Bid for the WORK to be awarded. END OF INSTRUCTIONS TO BIDDERS SARGENT CREEK PARK PLAYGROUND EQUIPMENT INSTRUCTIONS TO BIDDERS 00200-4 Contract No. FY2024-28 Authorizing The Purchase And Freight Of Playgroun... Page 57 of 150 AGENDA ITEM #14.A.1. SECTION 00200a BID MODIFICATION Sargent Creek Park Playground Equipment Procurement Prior to the time and date designated for receipt of Bids, a Bid submitted may be modified by notice to the party receiving Bids at the place designated for receipt of Bids. All modifications shall be made to the original bid amount(s). Modifications shall be worded as not to reveal the amount of the original Bid. If more than one Modification form is submitted by any one bidder, changes from all Modification forms submitted will be combined and applied to the original bid. Changes to the modified Bid amounts will be calculated by the Owner. Bidder may use multiple modification pages if required. Circle either Addition or Deduction to indicate your adjustment to each applicable item. Sums shall be expressed in both words and figures. In case of discrepancy, the amount written in words shall govern. Bid Item (Base Bid, Alternate, etc) Addition / Deduction (circle one) Amount in Figures Amount in Words Addition / Deduction $ Addition / Deduction $ Addition / Deduction $ Addition / Deduction $ Addition / Deduction $ Addition / Deduction $ Name of Bidding Firm Responsible Party Signature Date Printed Name (must be authorized signatory for Bidding Firm) SARGENT CREEK PARK BID MODIFICATION PLAYGROUND EQUIPMENT 00200a Contract No. FY2024-28 Authorizing The Purchase And Freight Of Playgroun... Page 58 of 150 AGENDA ITEM #14.A.1. SECTION 00410 BID FORM Sargent Creek Park Playground Equipment Procurement agrees to perform the work required at the amount specified in strict conformance with the terms of this solicitation and the Contract Documents. This offer is valid for ninety (90) calendar days after the date offers are due. If differences between the written and printed form, the written form shall prevail. BASE BID: Total cost of playground equipment detailed in Section III of this Invitation to Bid including freight costs to Kodiak, Alaska: (if differences exist between the written and printed form, the written form shall prevail) ITEM 1: Modular Play Structure Dollars (Written): umerical: $ ITEM 2: limber/Dome Structure Dollars (Written): umerical: $ ITEM 3 Spinner/Climber Structure Dollars (Written):Numerical: $ Estimated Equipment TotalNumerical: $ ITEM 4 Freight/Shipping to Kodiak, AK Dollars (Written):Numerical: $ Total Dollars (Equipment & Freight)Numerical: $ SARGENT CREEK PARK PLAYGROUND EQUIPMENT BID FORM 00410-1 Contract No. FY2024-28 Authorizing The Purchase And Freight Of Playgroun... Page 59 of 150 AGENDA ITEM #14.A.1. ACKNOWLEDGEMENT OF ADDENDA The offeror acknowledges receipt of addenda to the solicitation. Provide the number and date of each. Addendum Number Date BIDDER QUALIFICATIONS Kodiak Island Borough will only accept bids from qualified bidders. To be qualified to bid on this project, the bidder must be able to demonstrate previous experience with providing quality playground equipment. Bidders shall certify their compliance with this requirement by completing the appropriate blanks. Failure to provide the required signatures and other information will disqualify the bid. Bidder must have the necessary experience, organization, technical qualifications, financial resources, and facilities available to perform the contemplated work. Bidder must in all respects meet Federal, State, and local requirements to qualify as a responsible bidder. By signing this form (and providing seal if a corporation) Bidder warrants that it meets these requirements. Respectfully submitted: Date: By: Signature: Title: Contracting Firm (Seal if by Corporation) Business Address END OF BID FORM SARGENT CREEK PARK BID FORM PLAYGROUND EQUIPMENT 00410-1 Contract No. FY2024-28 Authorizing The Purchase And Freight Of Playgroun... Page 60 of 150 AGENDA ITEM #14.A.1. NON -COLLUSION AFFIDAVIT The Undersigned declares, under penalty of perjury under the laws of the United States, that neither he/she nor the firm, association or corporation of which he is a member, a bidder on this project has, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with this bid. The Undersigned has read the foregoing proposal and hereby agrees to the conditions stated therein by affixing his/her signature below: Signature Name and Title of Person Signing Telephone Number SARGENT CREEK PARK PLAYGROUND EQUIPMENT NON COLLUSION AFFIDAVIT 00420-1 Contract No. FY2024-28 Authorizing The Purchase And Freight Of Playgroun... Page 61 of 150 AGENDA ITEM #14.A.1. SECTION 00510 KODIAK ISLAND BOROUGH EQUIPMENT PURCHASE AGREEMENT Contract No. 2024 -XX THIS AGREEMENT, made this day of , 2024, between the Kodiak Island Borough, acting by and through its Borough Manager, party of the first part, and of , hereinafter called the Distributor. WITNESSETH: That the Distributor, for and in consideration of the payment or payments herein specified and agreed to by the party of the first part, hereby covenants and agrees to furnish PLAYGROUND EQUIPMENT for the Kodiak Island Borough per the Specifications [part of the Contract Documents] for same and for the sum of ( $ ) Dollars. The Distributor further covenants and agrees that the manufacturing of said PLAYGROUND EQUIPMENT shall be done to the complete satisfaction of the Kodiak Island Borough, subject to inspection at all times and approval by any participating agency of the Government of the United States of America, and in accordance with the laws of the State of Alaska and rules and regulations of said Federal Agency. The Distributor further covenants and agrees that the manufacturing of said PLAYGROUND EQUIPMENT shall be done and performed in the best and most workmanlike manner and that all and every of said materials and labor shall be in strict and entire conformity in every respect with the Specifications: that he will abide by and perform all stipulations, covenants, and agreements specified in the Contract Documents, all of which are by reference hereby made a part of this Contract, as to all premises therein: and in case any of said materials or labor shall be rejected by the Borough Manager or his assistant or authorized representative, as defective or unsuitable, then the said materials shall be removed or replaced with other approved materials and the said labor shall be done anew to the satisfaction and the approval of the Borough Manager or his representatives, at the cost and expense of the Distributor. To the fullest extent permitted by law, the Distributor agrees to defend, pay on behalf of, indemnify and hold harmless the Kodiak Island Borough, its elected and appointed officials, employees and volunteers and others working on behalf of the Kodiak Island Borough against any and all claims, demands, suits or loss, including all costs connected therewith, and for any damages which may be asserted, claimed or recovered against or from the Kodiak Island Borough, its elected and appointed officials, employees, volunteers or others working on behalf of the Kodiak Island Borough, by reason of personal injury, including bodily injury or death and/or property damage, including loss of use thereof, which arises out of or is in any way connected or associated with this Agreement. The agreement entered into by the acceptance of the Distributor's bid and the signing of this Agreement consists of the following documents all of which are component parts of said Agreement and as fully a part thereof as if herein set out in full, and if not attached, as if hereto attached. Agreement Invitation to Bid In the event of any conflict or inconsistency between any of the foregoing documents, the conflict or inconsistency shall be resolved upon the basis of the numerical order. The document or documents assigned the small number or numbers being controlling over any documents having a larger number in the numerical order set forth above. The Distributor further covenants and agrees that said PLAYGROUND EQUIPMENT shall be furnished and delivered to the satisfaction of the herein aforementioned Borough Manager, on or before , 2024. It is expressly understood and agreed that in case of the failure on the part the Distributor for any reason, except with the written consent of the Borough Manager, to complete the furnishing and delivery of said PLAYGROUND EQUIPMENT SARGENT CREEK PARK EQUIPMENT PURCHASE AGREEMENT PLAYGROUND EQUIPMENT 00510-1 Contract No. FY2024-28 Authorizing The Purchase And Freight Of Playgroun... Page 62 of 150 AGENDA ITEM #14.A.1. before the aforesaid date, the parry of the first part shall have the right to deduct from any monies due or which may become due the Distributor, or if no monies shall be due, the parry of the first part shall have the right to recover One Hundred Dollars ($ 100) per day for each and every calendar day elapsing between the time stipulated, and the actual date of delivery in accordance with the terms thereof: said deduction to be made, or said sum to be recovered not as penalty, but as liquidated damages. Provided, however, that upon receipt of written notice from the Distributor of the existing causes over which said Distributor has no control and which must delay the delivery of said PLAYGROUND EQUIPMENT, the Borough Manager may at his discretion, extend the period herein before specified for the delivery of the said PLAYGROUND EQUIPMENT, and in such case the Distributor shall become liable for said liquidated damages for delays commencing from the date on which said extended period shall expire. The Distributor hereby agrees to receive the prices set forth in the proposal as full compensation for delivering the PLAYGROUND EQUIPMENT to complete said Agreement to the satisfaction of the Borough Manager. It is further distinctly agreed that the said Distributor shall not assign this contract, or any part thereof or any right to any of the monies to be paid him hereunder. Payment for services rendered under this Agreement shall be made by the Kodiak Island Borough within thirty [30] days of delivery, acceptance by the Kodiak Island Borough and invoicing by Distributor. IN WITNESS WHEREOF, The Kodiak Island Borough Manager, by authority in him vested, has executed this contract on behalf of the Kodiak Island Borough, and the said have hereunto set their hands and seals, the day and year first above written. The terms of this agreement shall be from KODIAK ISLAND BOROUGH By to 2024. DISTRIBUTOR By Aimee Williams Borough Manager Title: Attest: By Nova Javier, MMC Boroughs Clerk SARGENT CREEK PARK PLAYGROUND EQUIPMENT EQUIPMENT PURCHASE AGREEMENT 00510-2 Contract No. FY2024-28 Authorizing The Purchase And Freight Of Playgroun... Page 63 of 150 SECTION 010100 SUMMARY I. INTRODUCTION AGENDA ITEM #14.A.1. The Kodiak Island Borough (Borough) desires to purchase playground equipment for Sargent Creek Park located behind the Women's Bay Fire Department on Sargent Creek Road in Kodiak, Alaska. IL SCOPE OF WORK The Kodiak Island Borough desires to purchase a modular play structure and a climbing/dome structure. Proposed equipment should be unique, eye catching, aesthetically pleasing, and safe for children. Scope of work includes all freight costs to Kodiak, Alaska. III. EQUIPMENT SPECIFICATIONS A. Playground Components (desirables/minimum requirements): a) Modular Play Structure (quantity— 1) a. Recommended for ages 5-12. b. Approximately 10-14 play elements are desired. c. Shall feature or promote climbing, adventure, and discovery play. d. Ground space for modular play area (including adequate protective fall zones) is approximately 50'x35'. e. Image of example in Exhibit B B. Additional/Alternative Selections a) Climber/Dome Structure (quantity— 1) a. Accommodates 315lbs b. Ten -foot tall at minimum c. Galvanized steel d. Image of example in Exhibit B b) Spinner/Climber Structure (quantity -1) a. Accommodates 35-40lbs b. Twelve -foot tall at minimum c. Twenty -two -foot in diameter at minimum d. Must be able to spin e. Metal structure to be galvanized steel f. Rope needs to be 20mm in diameter at a minimum and coated with a synthetic polymer g. Heavy-duty galvanized steel footings h. Durable rubber material on stainless steel support posts i. Vandal -resistant cast aluminum pipe junctions j. Stainless steel shackle connections k. Maximum strength ball -knot connectors. 1. Image of example in Exhibit B SARGENT CREEK PARK SUMMARY OF WORK PLAYGROUND EQUIPMENT 010100-1 Contract No. FY2024-28 Authorizing The Purchase And Freight Of Playgroun... Page 64 of 150 AGENDA ITEM #14.A.1. C. All equipment must meet following requirements a) No wood materials. b) Powder coated and corrosion resistant structure suitable for marine climate. c) Vandal resistant components. d) Suitable thickness and diameter structural elements to ensure high quality and long-lasting construction. D. Total park surface area is approximately 3,240 sq. ft. (shown on Exhibit A) E. All equipment must as a minimum meet the following standards: a) ASTM F1487 Standard Consumer Safety Performance Specification for Playground Equipment for Public use CAN/CSA-Z614 Children's Play spaces and Equipment. b) ASTM F1292 Standard Specification for Impact Attenuation of Surface Systems Under and Around Playground Equipment. c) U.S. Consumer Products Safety Commission Handbook for Public Playground Safety. d) Americans with Disabilities Act (ADA) Accessibility Guidelines for Buildings and Facilities; Play Areas, amended November 20, 2000. F. F.O.B.: All prices covered by this contract will include the freight cost to Kodiak, Alaska. IV. SCHEDULE AND SUBMISSION A. Schedule Bid Package Available: January 31, 2024 Questions Due: February 20, 2024 at 5:00 pm local time Sealed Bids Due: March 1, 2024, at 2:30 pm local time Tentative Contract Award: March 21, 2024 The Borough reserves the right to make adjustments to the above noted schedule as necessary. B. Pre-bid meeting and Questions There will not be a required pre-bid meeting, however, bidders may contact the Borough for clarification and information pertaining to this request for bids. Any requests for information or clarification must be submitted in writing by email to Patricia Valerio at pvalerio@kodiakak.us before February 20, 2024 at 5:00 P.M. No oral questions will be answered. Written responses to all questions will be posted on the Borough's web page as Addenda and emailed to all bidders. C. Bid Submission Bids submitted in response to this Invitation to Bid must meet the specifications set forth herein. Only those bidders providing complete information as required will be considered for evaluation. Any major deviation from these specifications will be cause for rejection of the bid at the Borough's discretion. Bids must include the following information: 1. Cover Letter, including: a. Project title SARGENT CREEK PARK SUMMARY OF WORK PLAYGROUND EQUIPMENT 010100-2 Contract No. FY2024-28 Authorizing The Purchase And Freight Of Playgroun... Page 65 of 150 AGENDA ITEM #14.A.1. b. Name and address of the entity submitting the bid c. Date entity was established d. Name(s) of the person(s) authorized to sign any contract that may result e. Contact person's name, mailing or street addresses, phone and fax numbers and email address f Original signature of person listed in section (d) above. g. Submission of the letter will constitute a representation by your firm that your firm is willing and able to perform the commitments contained in the bid. 2. Bidder Qualifications The bidder must submit their qualifications with designing similar playground equipment, their philosophy of play, and experience with projects of similar size. Bids should include a brief history and introduction of the company or firm, and the firm's understanding of the services to be performed. Provide a list of at least three public or private references for which you have provided products/services similar to those proposed. References are to include agency name, address, contact person, title, phone number, email address and contract budget amount. 3. Warranty Manufacturer's warranty information must be provided in writing on each item being proposed. 4. Completed Bid Form and Acknowledgement of Addenda Bidders are required to submit a bid price and acknowledge any issued addenda on the Bid Form from Section 00410. The Borough intends to award this contract to the firm that it considers will provide the best overall services. The Borough reserves the right to accept other than the lowest priced offer and to reject any bids that are not responsive to this request. 5. Proposed Equipment Bidders are required to provide sufficient documentation to define the items being provided in this scope of work. Such documentation may include, but is not limited to vendor catalog sheets, general data sheets, drawings and sketches, or specification and warranty information. Bidders should include either pictures of their play structures or three-dimensional drawings of what is being proposed. 6. Installation Support The installation of any equipment purchased through this Invitation to Bid will be bid and contracted separately at a later date. Bidders should describe and provide examples of detailed installation instructions that can be provided and describe other support options available to the future installation contractor. D. Submittal One original bid package must be received by the Office of the Borough Manager no later than 2:30 P.M. (local time), March 1, 2024. Bids shall be sealed and addressed to: Office of Finance — Room 104 Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 SARGENT CREEK PARK SUMMARY OF WORK PLAYGROUND EQUIPMENT 010100-3 Contract No. FY2024-28 Authorizing The Purchase And Freight Of Playgroun... Page 66 of 150 AGENDA ITEM #14.A.1. The outside of the sealed envelope must be identified as SARGENT CREEK PARK PLAYGROUND EQUIPMENT PROCUREMENT. Late bids and bids sent by facsimile or email will not be accepted. It shall not be sufficient to show that the bid was mailed in time to be received before scheduled closing time, postmarks will not be accepted. V. TERMS AND CONDITIONS A. Errors and Omissions Proposers are responsible for reviewing all portions of this Invitation to Bid. Proposers are to promptly notify the Borough, in writing, if the proposer discovers any ambiguity, discrepancy, omission or other error in the Invitation to Bid. Any such notification should be directed to the Borough promptly after discovery, but in no event later than seven working days prior to the date for receipt of bids. B. Contract Bid shall be good for 90 days. A successful proposer will be expected to enter into a written contract with the Kodiak Island Borough prior to the purchase of the equipment. A copy of the standard Kodiak Island Borough Equipment Purchase Agreement is attached in Section 00510. C. Manufacturer's Name Any manufacturer's name, trade name, brand name, information and catalog numbers used herein are for proposes of description and establishing general quality levels. References are not intended to be restrictive of any products that manufacturer may offer. The determination as to whether any alternate product or service is equal shall be made by the Kodiak Island Borough and such determination shall be final and binding among all bidders. D. Specifications Any deviations from bid specifications indicated herein must be clearly stated otherwise it will be considered that items offered are in strict compliance with the specifications, and successful bidder will be held responsible. Deviations must be explained in detail. E. Placing of Orders The award of this bid does not constitute an order. Before shipments or service provided the bidder must receive a contract approved by the Borough Assembly and signed by the Borough Manager. F. Acceptance of Order The Kodiak Island Borough procurement rules state that we must receive the shipment, review for deficiencies or damages, and accept it before payment will be processed and released. If order is found to be deficient in part or as a whole the Vendor will be responsible for the freight costs to send the order back, if required. G. Payments Once the contract is awarded the Kodiak Island Borough will produce a purchase order in the amount owed for the order. SARGENT CREEK PARK SUMMARY OF WORK PLAYGROUND EQUIPMENT 010100-4 Contract No. FY2024-28 Authorizing The Purchase And Freight Of Playgroun... Page 67 of 150 AGENDA ITEM #14.A.1. Once the order is received and accepted an invoice will be required to process the purchase order for payment. The invoice must include: a. Vendor's contact information. b. Kodiak Island Borough listed as purchaser c. Invoice number d. Invoice date e. Total for equipment f. Total for freight/shipping costs g. And combined total for both equipment and shipping. H. Documentation The Vendor will provide manufacturers documentation organized in a binder for all systems and materials to be provided with the order. This should include but is not limited to: a. Listing of all materials b. Listing of all coatings c. Listing of all parts d. List of commonly replaced parts e. Suggested maintenance and repair practices from the manufacturer. f. Drawings or diagrams of the play systems. SARGENT CREEK PARK SUMMARY OF WORK PLAYGROUND EQUIPMENT 010100-5 Contract No. FY2024-28 Authorizing The Purchase And Freight Of Playgroun... Page 68 of 150 AGENDA ITEM #14.A.1. EXHIBIT A PLAYGROUND AREA 538 Sargent Creek Road, Kodiak, Alaska 99615 SARGENT CREEK PARK SUMMARY OF WORK PLAYGROUND EQUIPMENT 010100-6 Contract No. FY2024-28 Authorizing The Purchase And Freight Of Playgroun... Page 69 of 150 EXHIBIT B EXAMPLES Example Play Structure II i'f AGENDA ITEM #14.A.1. SARGENT CREEK PARK PLAYGROUND EQUIPMENT SUMMARY OF WORK 010100-7 Contract No. FY2024-28 Authorizing The Purchase And Freight Of Playgroun... Page 70 of 150 AGENDA ITEM #14.A.1. Example Climber/Dome Structure SARGENT CREEK PARK SUMMARY OF WORK PLAYGROUND EQUIPMENT 010100-8 Contract No. FY2024-28 Authorizing The Purchase And Freight Of Playgroun... Page 71 of 150 AGENDA ITEM #14.A.1. Example of Spinning Climber Structure END OF SECTION SARGENT CREEK PARK SUMMARY OF WORK PLAYGROUND EQUIPMENT 010100-9 Contract No. FY2024-28 Authorizing The Purchase And Freight Of Playgroun... Page 72 of 150 AGENDA ITEM #14.A.1. Contract No. FY2024-28 Authorizing The Purchase And Freight Of Playgroun... Page 73 of 150 ADDENDUM1 KODIAK ISLAND BOROUGH Sargent Creek Park Playground Equipment Procurement Kodiak, AK February 1, 2024 TO ALL PLAN HOLDERS OF RECORD: This addendum forms part of and modifies the contract documents as noted below. Bidders must acknowledge receipt of this addendum in the space provided on the Acknowledgement of Addenda form. Failure to do so may submit Bidder to disqualification. This addendum consists of 1 page. RESPONSES TO BIDDER QUESTIONS: QUESTION 1: Under part III. Equipment Specifications (below), it states that the climber structure must be at a minimum 10 foot tall yet both images that are in Exhibit B are less than 10 foot tall. I am wondering if this is to be a minimum or a maximum? RESPONSE 1: Yes, this is supposed to be a maximum height. Specification read as modified below: Section 010100, III. Equipment Specifications: B. Additional/Alternative Selections a) Climber/Dome Structure (quantity — 1) a. Accommodates 315lbs b. Ten -foot tall at maximum. c. Galvanized steel d. Image of example in Exhibit B END OF ADDENDUM NO. 1 KODIAK ISLAND BOROUGH ADDENDUM NO. 1 SARGENT CREEK PARK PAGE 1 PLAYGROUND EQUIPMENT PROCURMENT Contract No. FY2024-28 Authorizing The Purchase And Freight Of Playgroun... Page 73 of 150 AGENDA ITEM #14.A.1. Contract No. FY2024-28 Authorizing The Purchase And Freight Of Playgroun... Page 74 of 150 ADDENDUM KODIAK ISLAND BOROUGH Sargent Creek Park Playground Equipment Procurement Kodiak, AK February 7, 2024 TO ALL PLAN HOLDERS OF RECORD: This addendum forms part of and modifies the contract documents as noted below. Bidders must acknowledge receipt of this addendum in the space provided on the Acknowledgement of Addenda form. Failure to do so may submit Bidder to disqualification. This addendum consists of 1 page. RESPONSES TO BIDDER QUESTIONS: QUESTION 1: Are you looking for something similar in play value as outlined in Equipment Specifications and not necessarily a match to the sample? RESPONSE 1: Correct, we are looking for similar play structures not necessarily an exact match to the examples provided in Exhibit B. END OF ADDENDUM NO. 2 KODIAK ISLAND BOROUGH ADDENDUM NO. 2 SARGENT CREEK PARK PAGE 1 PLAYGROUND EQUIPMENT PROCURMENT Contract No. FY2024-28 Authorizing The Purchase And Freight Of Playgroun... Page 74 of 150 AGENDA ITEM #14.A.1. Contract No. FY2024-28 Authorizing The Purchase And Freight Of Playgroun... Page 75 of 150 ADDENDUM KODIAK ISLAND BOROUGH Sargent Creek Park Playground Equipment Procurement Kodiak, AK February 23, 2024 TO ALL PLAN HOLDERS OF RECORD: This addendum forms part of and modifies the contract documents as noted below. Bidders must acknowledge receipt of this addendum in the space provided on the Acknowledgement of Addenda form. Failure to do so may submit Bidder to disqualification. This addendum consists of 3 pages. BID DUE DATE CHANGE: Bid now due 2:30pm March 8'h, 2024. RESPONSES TO BIDDER QUESTIONS: QUESTION 1: Is there a discount given to local bidders? RESPONSE 1: The Borough Code 3.30.060 allows an award of a bid to a local bidder if the local bidder does not exceed the lowest priced bidder by 10%. KIB CODE 3.30.060 Local preference: The assembly may, in its discretion, direct an award of a contract for the purchase of personal property or services after competitive bidding to a responsible bidder who maintains a business office or store within the borough from which the property or service would be provided, if that bid does not exceed the lowest responsible bid by more than 10 percent. [Ord. FY2013-11 §2, 2013; Ord. 76-6-0 §1, 1976. Formerly §3.16.060]. QUESTION 2: On the bid form is Item 4 — Freight only for the base bid or does it include the alternatives as well? RESPONSE 1: Please see updated Bid Form on next page to clarify. KODIAK ISLAND BOROUGH ADDENDUM NO. 3 SARGENT CREEK PARK PAGE 1 PLAYGROUND EQUIPMENT PROCURMENT Contract No. FY2024-28 Authorizing The Purchase And Freight Of Playgroun... Page 75 of 150 AGENDA ITEM #14.A.1. SECTION 00410 BID FORM Sargent Creek Park Playground Equipment Procurement agrees to perform the work required at the amount specified in strict conformance with the terns of this solicitation and the Contract Documents. This offer is valid for ninety (90) calendar days after the date offers are due. If differences between the written and printed form, the written form shall prevail. BASE BID: Total cost of playground equipment detailed in Section III of this Invitation to Bid including freight costs to Kodiak, Alaska: (if differences exist between the written and printed form, the written form shall prevail) ITEM 1: Modular Play Structure Numerical Listing of Cost Dollars (Written): Freight Cost for Structure to Kodiak (Written): Total Cost (Equipment + Shipping): $ ITEM 2: Climber/Dome Structure Dollars (Written): Freight Cost for Structure to Kodiak (Written): $ Total Cost (Equipment + Shipping): $ ITEM 3 Spinner/Climber Structure Dollars (Written): Freight Cost for Structure to Kodiak (Written): $ Total Cost (Equipment + Shipping): $ ITEM 4 Estimated Equipment Total (All Structures + All Freight Costs): $ Dollars (Written): KODIAK ISLAND BOROUGH ADDENDUM NO. 3 SARGENT CREEK PARK PAGE 2 PLAYGROUND EQUIPMENT PROCURMENT Contract No. FY2024-28 Authorizing The Purchase And Freight Of Playgroun... Page 76 of 150 AGENDA ITEM #14.A.1. ACKNOWLEDGEMENT OF ADDENDA The offeror acknowledges receipt of addenda to the solicitation. Provide the number and date of each. Addendum Number Date BIDDER QUALIFICATIONS Kodiak Island Borough will only accept bids from qualified bidders. To be qualified to bid on this project, the bidder must be able to demonstrate previous experience with providing quality playground equipment. Bidders shall certify their compliance with this requirement by completing the appropriate blanks. Failure to provide the required signatures and other information will disqualify the bid. Bidder must have the necessary experience, organization, technical qualifications, financial resources, and facilities available to perform the contemplated work. Bidder must in all respects meet Federal, State, and local requirements to qualify as a responsible bidder. By signing this form (and providing seal if a corporation) Bidder warrants that it meets these requirements. Respectfully submitted: Date: By: Signature: Contracting Firm (Seal if by Corporation) Business Address Title: END OF BID FORM END OF ADDENDUM NO. 3 KODIAK ISLAND BOROUGH ADDENDUM NO. 3 SARGENT CREEK PARK PAGE 3 PLAYGROUND EQUIPMENT PROCURMENT Contract No. FY2024-28 Authorizing The Purchase And Freight Of Playgroun... Page 77 of 150 AGENDA ITEM #14.A.1. Contract No. FY2024-28 Authorizing The Purchase And Freight Of Playgroun... Page 78 of 150 ADDENDUM KODIAK ISLAND BOROUGH Sargent Creek Park Playground Equipment Procurement Kodiak, AK February 28, 2024 TO ALL PLAN HOLDERS OF RECORD: This addendum forms part of and modifies the contract documents as noted below. Bidders must acknowledge receipt of this addendum in the space provided on the Acknowledgement of Addenda form. Failure to do so may submit Bidder to disqualification. This addendum consists of 3 pages. BID DUE DATE CHANGE: Bid now due 2:30pm March 81h, 2024. If the bidder has already mailed a package, please use the following steps to update your bid package. Add your numbers to the updated bid form (provided on page 2 & 3 of this addendum) Mail a hard copy with a cover letter stating that this form is being provided in accordance with Addendum #3. Or you may email your updated bid form to pvalerio onkodiakak.us o If the bidder chooses to email the updated bid form, the email must be received by or before 2:30pm on March 8, 2024. KODIAK ISLAND BOROUGH ADDENDUM NO. 4 SARGENT CREEK PARK PAGE 1 PLAYGROUND EQUIPMENT PROCURMENT Contract No. FY2024-28 Authorizing The Purchase And Freight Of Playgroun... Page 78 of 150 AGENDA ITEM #14.A.1. SECTION 00410 BID FORM Sargent Creek Park Playground Equipment Procurement agrees to perform the work required at the amount specified in strict conformance with the terms of this solicitation and the Contract Documents. This offer is valid for ninety (90) calendar days after the date offers are due. If differences between the written and printed form, the written form shall prevail. BASE BID: Total cost of playground equipment detailed in Section III of this Invitation to Bid including freight costs to Kodiak, Alaska: (if differences exist between the written and printed form, the written form shall prevail) ITEM 1: Modular Play Structure Numerical Listing of Cost Dollars (Written): Freight Cost for Structure to Kodiak (Written): Total Cost (Equipment + Shipping): $ ITEM 2: Climber/Dome Structure Dollars (Written): Freight Cost for Structure to Kodiak (Written): $ Total Cost (Equipment + Shipping): $ ITEM 3 Spinner/Climber Structure Dollars (Written): Freight Cost for Structure to Kodiak (Written): $ Total Cost (Equipment + Shipping): $ ITEM 4 Estimated Equipment Total (All Structures + All Freight Costs): $ Dollars (Written): KODIAK ISLAND BOROUGH ADDENDUM NO. 4 SARGENT CREEK PARK PAGE 2 PLAYGROUND EQUIPMENT PROCURMENT Contract No. FY2024-28 Authorizing The Purchase And Freight Of Playgroun... Page 79 of 150 AGENDA ITEM #14.A.1. ACKNOWLEDGEMENT OF ADDENDA The offeror acknowledges receipt of addenda to the solicitation. Provide the number and date of each. Addendum Number Date BIDDER QUALIFICATIONS Kodiak Island Borough will only accept bids from qualified bidders. To be qualified to bid on this project, the bidder must be able to demonstrate previous experience with providing quality playground equipment. Bidders shall certify their compliance with this requirement by completing the appropriate blanks. Failure to provide the required signatures and other information will disqualify the bid. Bidder must have the necessary experience, organization, technical qualifications, financial resources, and facilities available to perform the contemplated work. Bidder must in all respects meet Federal, State, and local requirements to qualify as a responsible bidder. By signing this form (and providing seal if a corporation) Bidder warrants that it meets these requirements. Respectfully submitted: Date: By: Signature: Contracting Firm (Seal if by Corporation) Business Address Title: END OF BID FORM END OF ADDENDUM NO. 4 KODIAK ISLAND BOROUGH ADDENDUM NO. 4 SARGENT CREEK PARK PAGE 3 PLAYGROUND EQUIPMENT PROCURMENT Contract No. FY2024-28 Authorizing The Purchase And Freight Of Playgroun... Page 80 of 150 AGENDA ITEM #14.A.1. Contract No. FY2024-28 Authorizing The Purchase And Freight Of Playgroun... Page 81 of 150 ADDENDUM KODIAK ISLAND BOROUGH Sargent Creek Park Playground Equipment Procurement Kodiak, AK March 1, 2024 TO ALL PLAN HOLDERS OF RECORD: This addendum forms part of and modifies the contract documents as noted below. Bidders must acknowledge receipt of this addendum in the space provided on the Acknowledgement of Addenda form. Failure to do so may submit Bidder to disqualification. This addendum consists of 1 page. RESPONSES TO BIDDER QUESTIONS: QUESTION 1: I've been asked to provide a supply quote by two bidders, but due to this language, I've declined the second one. Is that what you have intended with that requirement? RESPONSE 1: Yes, that language is supposed to imply that a vendor/supplier may only work with one bidder. END OF ADDENDUM NO. 5 KODIAK ISLAND BOROUGH ADDENDUM NO. 5 SARGENT CREEK PARK PAGE 1 PLAYGROUND EQUIPMENT PROCURMENT Contract No. FY2024-28 Authorizing The Purchase And Freight Of Playgroun... Page 81 of 150 AGENDA ITEM #14.A.1. Contract No. FY2024-28 Authorizing The Purchase And Freight Of Playgroun... Page 82 of 150 ADDENDUM KODIAK ISLAND BOROUGH Sargent Creek Park Playground Equipment Procurement Kodiak, AK March 6, 2024 TO ALL PLAN HOLDERS OF RECORD: This addendum forms part of and modifies the contract documents as noted below. Bidders must acknowledge receipt of this addendum in the space provided on the Acknowledgement of Addenda form. Failure to do so may submit Bidder to disqualification. This addendum consists of 1 page. RESPONSES TO BIDDER QUESTIONS: QUESTION 1: Is it an automatic disqualification if our company has no experience in providing playground equipment? RESPONSE 1: No, as long as the bidder is able to provide all items listed in specifications and is able to provide a compliant bid form. NOTICE: If you have already submitted your bid package through the mail or electronically, this addendum will not be required to be recognized on the bid form. END OF ADDENDUM NO. 6 KODIAK ISLAND BOROUGH ADDENDUM NO. 6 SARGENT CREEK PARK PAGE 1 PLAYGROUND EQUIPMENT PROCURMENT Contract No. FY2024-28 Authorizing The Purchase And Freight Of Playgroun... Page 82 of 150 AGENDA ITEM #14.A.1. Contract No. FY2024-28 Authorizing The Purchase And Freight Of Playgroun... Page 83 of 150 ADDENDUM KODIAK ISLAND BOROUGH Sargent Creek Park Playground Equipment Procurement Kodiak, AK March 7, 2024 TO ALL PLAN HOLDERS OF RECORD: This addendum forms part of and modifies the contract documents as noted below. Bidders must acknowledge receipt of this addendum in the space provided on the Acknowledgement of Addenda form. Failure to do so may submit Bidder to disqualification. This addendum consists of 1 page. BID Opening Location: 2:30 pm on March 8, 2024, at the Kodiak Island Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, AK 99615. NOTICE: If you have already submitted your bid package through the mail or electronically, this addendum will not be required to be recognized on the bid form. END OF ADDENDUM NO. 7 KODIAK ISLAND BOROUGH ADDENDUM NO. 7 SARGENT CREEK PARK PAGE 1 PLAYGROUND EQUIPMENT PROCURMENT Contract No. FY2024-28 Authorizing The Purchase And Freight Of Playgroun... Page 83 of 150 AGENDA ITEM #14.6.1. KODIAK ISLAND BOROUGH STAFF REPORT APRIL 4, 2024 ASSEMBLY REGULAR MEETING SUBJECT: Resolution No. FY2024-16 Authorizing Disposal By Lease Of Lot 1 And Lot 9 U.S. Survey 2539 To The Kodiak Island Sportsman's Association For The Purpose Of Managing The Salonie Creek Rifle Range And Providing A Range Caretaker's Site ORIGINATOR: Meagan Christiansen, Grant Writer/Special Projects Support RECOMMENDATION: Move to adopt Resolution No. FY2024-16. DISCUSSION: Resolution No. 92-26 authorized the initial lease, dated August 11, 1994, between the Kodiak Island Borough and the Kodiak Island Sportsman's Association (KISA), a nonprofit corporation, for the cooperative development and professional operation of a financially self- sufficient shooting range for the benefit of the citizens of the Kodiak Island Borough on the land described as Lot 9, U.S. Survey 2539, now known as the Salonie Creek Rifle Range. In 1996, Resolution No. 96-33 authorized the incorporation of Lot 1 into the lease to provide for a caretaker's site. The original lease was extended twice, resulting in the maximum lease period of twenty-five years as defined in KIBC 18.40.020.8. The expiration of the lease period was August 11, 2019; completion of a new lease document was delayed due to staff turnover and shortages in the Manager's department. The expiration of the original lease requires that the disposal (by lease) process be undertaken to initiate a new lease between the KIB and KISA. The Planning and Zoning Commission has reviewed the disposal request, and their approved resolution is attached for the Assembly's review. Borough staff and KISA's current President collaborated to draft a new lease for the continued operation of the Salonie Creek Rifle Range. This lease contains an initial term of five years with four options to extend the lease for an additional five years each. ALTERNATIVES: Amend, postpone, or fail to pass this resolution. FISCAL IMPACT: OTHER INFORMATION: KIBC 18.20.030 Review by planning commission — Assembly approval. Except for disposal required by law: A. Each disposal of borough land is subject to review by the planning commission before submission to the assembly. The commission by resolution shall make a recommendation to the assembly regarding the proposed land disposal. B. Borough land disposals that are not subject to approval by ordinance are subject to approval by assembly resolution. The resolution shall specify the terms and conditions upon which the disposal will be offered. [Ord. 80-28-0 §1, 1980]. Kodiak Island Borough Resolution No. FY2024-16 Authorizing Disposal By Lease Of Lot 1 And Lot ... Page 84 of 150 AGENDA ITEM #14.8.1. KODIAK ISLAND BOROUGH STAFF REPORT APRIL 4, 2024 ASSEMBLY REGULAR MEETING KIBC 18.40.020 Negotiated Leases B. The assembly may approve by resolution the issuance of a negotiated lease for a period not to exceed 25 years to a nonprofit corporation or public utility at a reasonable rental rate taking into consideration the purpose for which the real property is to be used. Kodiak Island Borough Resolution No. FY2024-16 Authorizing Disposal By Lease Of Lot 1 And Lot ... Page 85 of 150 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 AGENDA ITEM #14.6.1. KODIAK ISLAND BOROUGH RESOLUTION NO. FY2024-16 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AUTHORIZING DISPOSAL BY LEASE OF LOT 1 AND LOT 9 U.S. SURVEY 2539 TO THE KODIAK ISLAND SPORTSMAN'S ASSOCIATION FOR THE PURPOSE OF MANAGING THE SALONIE CREEK RIFLE RANGE AND PROVIDING A RANGE CARETAKER'S SITE WHEREAS, Kodiak Island Borough Code (KIBC) 18.20.030 requires review of each disposal of borough land by the planning and zoning commission before submission to the assembly; and WHEREAS, the code requires that the planning and zoning commission, by resolution, shall make a recommendation to the assembly regarding the proposed land disposal referenced; and WHEREAS, the planning and zoning commission has reviewed and recommended approval of this disposal via their resolution number 2024-01; and WHEREAS, the code states that borough land disposal not subject to approval by ordinance are subject to approval by resolution; and WHEREAS, when the borough acquired the Salonie Creek rifle range, it was intended that a disposal by lease to the Kodiak Island Sportsman's Association (KISA) would be considered for the purpose of managing the rifle range: and WHEREAS, the code allows for the disposal by lease for up to twenty-five (25) years to a nonprofit corporation at a reasonable rental rate, taking into account the purpose for which the real property is to be used; and WHEREAS, the original lease with KISA and subsequent extensions have met the twenty-five year limit and a disposal by lease is requested to renew the lease agreement with KISA via this resolution. NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that the Kodiak Island Borough Manager, or her designee, is authorized to enter into a lease agreement with the Kodiak Island Sportsman's Associate to manage the Salonie Creek Rifle Range and occupy a range caretaker's site. The lease is subject to the following conditions: 1. Term not to exceed twenty-five (25) years; and 2. The lease shall provide for free access to publicly owned lands in the upper portions of the valley through the leased track. Resolution No. FY2024-16 Page 1 of 2 Resolution No. FY2024-16 Authorizing Disposal By Lease Of Lot 1 And Lot ... Page 86 of 150 AGENDA ITEM #14.8.1. 44 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 45 THIS DAY OF 2024 46 47 KODIAK ISLAND BOROUGH 48 49 ATTEST: 50 51 Scott Arndt, Borough Mayor 52 Nova M. Javier, MMC, Borough Clerk 53 54 VOTES: 55 Ayes: 56 Noes: 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 Resolution No. FY2024-16 Page 2 of 2 Resolution No. FY2024-16 Authorizing Disposal By Lease Of Lot 1 And Lot ... Page 87 of 150 AGENDA ITEM #14.8.1. Kodiak Island Borough Community Development Department Submit by Email 710 Mill Bay Rd. Rm 205, Kodiak, AK 99615 Ph. (907) 486 - 9362 Fax (907) 486 - 9396 Print Form Q 2L4 Cp http://www.kodiakak.us Administrative Request Applicant Information: Property Owner / Applicant: Kodiak Island Borough Mailing Address: 710 Mill Bay Road Phone Number: 907-486-9303 Other Contact email, etc.: awilliams@kodiakak.us Agent &/or Surveyor: Meagan Christiansen, Special Projects Support Mailing Address: 710 Mill Bay Road, Kodiak, AK 99615 Phone Number: 907-486-9303 Other Contact email, etc.: mchristiansen@kodiakak.us Nature / Purpose of Request: Title 18 Land Disposal Review KIBC 18.20.060 A Property Information: Legal Description: Subdv: USS 2539 Current Zoning: Conservation KIBC 17.50 Applicable Comprehensive Plan: A. Kodiak Island Comprehensive Plan Update 2008 Present Use of Property: Rifle Range I am providing additional information in the form of: Additional Narrative/ History: YES As -built Survey: NO Maps: YES Photographs: NO Block: Lot: 9 Site Plan : NO Other: NO Date: Jan 12, 2024 Signature: Payment Verification Fee Payable in Cashier's Office Room # 104 - Main floor of Borough Building Reconsideration of P&Z Commission Decision KIBC 17.215 Appeal to P&Z Commission KIBC 17.220 P&Z Commission Site Plan Review KIBC 17.130.020 P&Z Commission Screening Approval KIBC 17.105.060 Title 18 Land Disposal Review KIBC 18.20.060 A Postponement at Petitioner's request - Public Hearing Item Postponement at Petitioner's request - Non -Public Hearing Item Other Date: I� q4 ❑ $200.00 ❑ $200.00 7 $150.00 El $150.00 rtt-nl"ra � X $350.0 `� �.V IS/rd1Wjr� \ ❑ $150.00 $ 25.00 $150.00 CDD Staff: Resolution No. FY2024-16 Authorizing Disposal By Lease Of Lot 1 And Lot ... Page 88 of 150 AGENDA ITEM #14.6.1. Applicant Narrative This request is related to the renewal of the ground lease with the Kodiak Island Sportsman's Association for operation of the Salonie Creek Rifle Range located on borough land. Kodiak Island Borough Code section 18.20.030.A requires that each disposal of borough land is subject to review by the planning commission before submission to the assembly. The original lease agreement for the Salonie Creek Rifle Range was signed on August 11, 1994. The original lease contained a term of five (5) years and was extended for an additional five years in 2001. In 2005, a fourteen (14) year lease extension was approved, resulting in a twenty-five (25) year full lease term which is the limitation on leases to non-profit organizations per Kodiak Island Code section 18.40.020.B. The original lease, with extensions, expired in 2019; this renewal has been delayed due to staff shortages and turnover in the Manager's department. This Administrative Request for Land Disposal Review is essentially a request for review of land disposal by way of a negotiated lease. The proposed lease is a continuation of the relationship with the Kodiak Island Sportsman's Association for the operation of the Salonie Creek Rifle Range. This lease contains an initial term of five years with four options to extend for an additional five years each. Resolution No. FY2024-16 Authorizing Disposal By Lease Of Lot 1 And Lot ... Page 89 of 150 ;tom <— Caretakers Site 710 Mill Bay Road Kodiak, AK 99615-6398 AGENDA ITEM #14.8.1. Kodiak Island Borough Community Development Department 710 Mill Bay Road Room 203 Kodiak, Alaska 99615 Phone (907) 486-9361 Fax (907) 486-9396 jgrochmal@kodiakak.us Re: Case 24-006. Disposal by Lease — Rifle Range Lease Renewal To Whom it May Concern: January 23, 2024 We are moving forward with your request. There is a scheduled public hearing before the KIB Planning and Zoning Commission on Wednesday February 21, 2024. This meeting begins at 6:30 p.m. in the Assembly Chambers, located at 710 Mill Bay Road, Kodiak, AK. One week prior to the regular meeting, on Wednesday, February 14, 2024, at 6:30 p.m. in the Assembly Chambers at 710 Mill Bay Road, Kodiak, AK, the commission will hold a packet review work session for the purpose of reviewing packet materials and staff summaries of cases scheduled for the regular meeting. Applicants are encouraged to attend to this meeting to be present for Commissioner discussion. The public is welcome to attend the packet review work session; however, the work session on February 14, 2024, is not for the purpose of receiving public testimony. Applicants who wish to present testimony and/or evidence related to their case should also appear at the Public Hearing during the Regular Meeting and present such information in person on February 21, 2024. Please contact the Community Development Department at (907) 486-9361 if we can answer any outstanding questions, provide additional information, or give guidance to you. In advance, thank you for your cooperation. Sincerel r �oe Grochmal Associate Planner Resolution No. FY2024-16 Authorizing Disposal By Lease Of Lot 1 And Lot ... Page 91 of 150 Greetings, AGENDA ITEM #14.8.1. Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9391 E-mail: bcurrie@kodiakak.us Notice of Public Hearing Case No. 24-006 A public hearing will be held on Wednesday, February 14, 2024, 6:30 p.m. in the Borough Assembly Chamber Room 710 Mill Bay Road, Kodiak AK 99615 to hear Case No. 24-006. Applicant: Kodiak Island Borough Request: Disposal of Land by Lease Rifle Range Location: 12044 Chiniak Highway Zoning: C -Conservation District Your property address is within 1,200 -feet of the boundaries of the subject property. Per KIB Code 17.195.040. Notification. "Notices shall include the date, time, and location of the hearing, if applicable, and the names of the parties filing the application." On Wednesday, February 14, 2024, at 6:30 p.m. in the Borough Assembly Chamber Room 710 Mill Bay Road, Kodiak AK 99615, the Commission will hold a Work Session to review the packet material for the above case. The public may attend but will not be permitted to discuss any current cases. On Wednesday, February 21, 2024, at 6:30 p.m. in the Borough Assembly Chamber Room 710 Mill Bay Road, Kodiak AK 99615, the Commission will hold a Regular Meeting to take formal action on the above case. You may provide comments on the second sheet of this mailings, during public comment in the meeting, or via phone. The call-in number is (907) 486-3231 or toll free at (855) 492-9202. If you do not wish to testify in person you may email your comments to bcurrie(a.kodiakak.us by 3:00 p.m. on Wednesday, February 21, 2024. Or use the form provided in this notice and mail or hand deliver to the Borough at 710 Mill Bay Road, Kodak 99615 by 3:00 p.m. on Wednesday, February 21. Resolution No. FY2024-16 Authorizing Disposal By Lease Of Lot 1 And Lot ... Page 92 of 150 AGENDA ITEM #14.8.1. 18.20.030 Review by Planning Commission - Assembly A. Each disposal of borough land is subject to review by the planning commission before submission to the assembly. The commission by resolution shall make a recommendation to the assembly regarding the proposed land disposal. Best reg ommunity Development Department, Permit Technician Bronwyn Currie Enclosed: 1. Public Hearing Notice 2. Public Hearing Comment Form/Map of Subject Property Resolution No. FY2024-16 Authorizing Disposal By Lease Of Lot 1 And Lot ... Page 93 of 150 AGENDA ITEM #14.8.1. Public Hearing Comment If you wish to make a comment, please fill out the information below. Owner's Name: Property Address: Applicant: Kodiak Island Borough Request: Disposal of Land by Lease Rifle Range Location: 12044 Chiniak Highway Zoning: C -Conservation Please check one of the options shown below to ensure we get accurate feedback from you. In Favor of Request L] Opposed to Request Comments: Mail or hand deliver this form to the Kodiak Island Borough at 710 Mill Bay Road, Kodak 99615 by 3:00 p.m. Wednesday, February 21, 2024. Resolution No. FY2024-16 Authorizing Disposal By Lease Of Lot 1 And Lot ... Page 94 of 150 Case: 24-006 Applicant: Kodiak Island Borough Zoning: C -Conservation District Location: 12044 Chiniak Highway Request: Disposal of Land by Lease Rifle Range This map is provided for informational purposes only and is not intended for any legal representation. Kodiak Island Borough GIS www.kodiakak.us (907)-486-9336 0 1 2 Miles AGENDA ITEM #14.8.1. Notifcation Parcels Subject Parcel Resolution No. FY2024-16 Authorizing Disposal By Lease Of Lot 1 And Lot ... Page 95 of 150 AGENDA ITEM #14.6.1. prop_id Value_Yeal first—name last—name file_as_nar Mail—Line— Mail—Line— Mail_City Mail_State 22483 2023 NANCY KRACKE KRACKE NA PO BOX 2013 KODIAK AK 17393 2023 KODIAK ISL KODIAK ISL 710 MILL BAY RD KODIAK AK 23975 2023 TIMOTHY C BOTZ BOTZ TIMC 990 HILLTOP DR KODIAK AK 23976 2023 JAMES JACKSON JACKSON E PO BOX 384 KODIAK AK 18137 2023 KONIAG IN KONIAG IN 3800 CENTERPOINT Df ANCHORA(AK Resolution No. FY2024-16 Authorizing Disposal By Lease Of Lot 1 And Lot ... Page 96 of 150 AGENDA ITEM #14.6.1. �ntd b/Prope rty.aspx?cid=0&pro p_id=22483&yea r=2023 �ntd b/Prope rty.aspx?cid=0&pro p_id=17393&yea r=2023 �ntd b/Prope rty.aspx?cid=0&pro p_id=23975&yea r=2023 �ntd b/Prope rty.aspx?cid=0&pro p_id=23976&yea r=2023 ntdb/Prope rty.aspx?cid=0&pro p_id=18137&year=2023 Resolution No. FY2024-16 Authorizing Disposal By Lease Of Lot 1 And Lot ... Page 97 of 150 Pio epgO p ,. ALASKA STAFF REPORT AND RECOMMENDATION AGENDA ITEM #14.6.1. Case 24-006. A Title 18 Land Disposal Review to consider disposal of USS 2539 (Chapter 18.20.060 A KIBC). The intent of this request is to renew the Borough's lease with the Kodiak Island Sportsman's Association for the purpose of operating the Salonie Creek Rifle Range. DATE: February 21, 2024 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Staff Report and Recommendation CASE: Case 24-006 APPLICANT: Kodiak Island Borough LOCATION: 12044 Chiniak Highway, Kodiak, AK 99615 LEGAL DSC: USS 2539 LT 9 SALONIE CREEK ZONING: C — Conservation District NOTICE: Five (5) notices were mailed on January 23, 2024. No public hearing notices were returned as of the date this report was prepared (February 15, 2024). SITE VISIT: None 1. Zoning History: Always Zoned C -Conservation 2. Lot Size: --687.92 Acres 3. Existing Land Use: Rifle Range 4. Surrounding Land Use and Zoning: C -Conservation 5. Comprehensive Plan: The 2008 Comprehensive Plan identifies land use in this area as C — Conservation. 6. Applicable Regulations: The following sections of Title 18 (Borough Real Property) of the Borough Code are applicable to this request: 18.20.010 Application of chapter and title to real property disposal. A. Except as this title provides otherwise, this chapter governs all disposal of borough land. B. No contract, lease or conveyance pertaining to the disposal of real property by the borough may be enforced against the borough unless the contract, lease or conveyance was awarded, approved and executed in accordance with this title. C. This section shall not be construed to invalidate any contract, or any legal or equitable interest in real property, existing prior to its enactment. [Ord. 80-28-0 §1, 1980]. Case No. 24 — 006 Staff Report and Recommendation Resolution No. FY2024-16 Authorizing Disposal By Lease Of Lot 1 And Lot ... Page 98 of 150 AGENDA ITEM #14.6.1. Pio epgO p ,. ALASKA 18.20.020 Disposal authority. Except where this title or another provision of law establishes a specific mandatory procedure for disposing of borough land, the borough may dispose of borough land in any manner not prohibited by law. [Ord. 80-28-0 §1, 1980] 18.20.030 Review by planning commission — Assembly approval. Except for disposal required by law: A. Each disposal of borough land is subject to review by the planning commission before submission to the assembly. The commission by resolution shall make a recommendation to the assembly regarding the proposed land disposal. B. Borough land disposals that are not subject to approval by ordinance are subject to approval by assembly resolution. The resolution shall specify the terms and conditions upon which the disposal will be offered. [Ord. 80-28-0§1,19801 18.20.050 Election required. The sale, lease or other permanent disposal of borough land valued at $1,000,000 or more per parcel to any single individual, partnership or corporation by means other than outcry auction shall, in addition to conforming to this title, be subject to approval by ordinance ratified by a majority of the qualified voters voting at a regular or special election at which the question of the ratification of the ordinance is submitted. Notice of the election shall be given in accordance with KIBC Title 7. [Ord. FY2017-16 §2, 2016; Ord. 86-40-0 §2, 1986; Ord. 80-28-0 §1, 1980]. 18.40.010 Leasing procedures. Unless otherwise provided by an assembly resolution, the land leasing procedures established by this title shall be utilized in the leasing of any borough land. [Ord. 78-7-0 §2, 1978]. 18.40.020 Negotiated leases. A. The assembly may approve by resolution the issuance of a negotiated lease for a period not to exceed five years if the annual rental value of the property is $500.00 or less and no competitive interest for the property is apparent. B. The assembly may approve by resolution the issuance of a negotiated lease for a period not to exceed 25 years to a nonprofit corporation or public utility at a reasonable rental rate taking into consideration the purpose for which the real property is to be used. C. A nonprofit corporation applying for a negotiated lease in subsection B of this section may be required to provide the following: 1. A copy of its articles of incorporation in the state of Alaska; 2. Verification that it is exempt from paying federal and state income tax; 3. A use plan to verify the need of the real property requested; and 4. A statement of public service being provided to the community and its availability for enjoyment by all citizens of the borough. D. No lease issued as provided in subsection B of this section may be assigned or subleased except with the consent of the assembly, and in any case may only be transferred to an applicant eligible under subsection B of this section. If the real property is devoted to a use other than that Case No. 24 — 006 Staff Report and Recommendation Resolution No. FY2024-16 Authorizing Disposal By Lease Of Lot 1 And Lot ... Page 99 of 150 AGENDA ITEM #14.6.1. .wP�o epgO`C a t] p ,. L ALASKA for which it was leased without consent of the assembly, the lease automatically terminates. [Ord. 79-19-0, 1979; Ord. 78-7-0 §2, 1978]. 18.40.030 Term of lease. Leases may be issued for a period not to exceed 55 years. The term of any given lease shall depend upon the desirability of the proposed use, the amount of investment in improvements proposed and made, and the nature of the proposed improvement with respect to durability and time required to amortize the proposed amendment. [Ord. 78-7-0 §2, 1978]. 18.40.040 Terms and conditions of leases. The provisions of this chapter and all other applicable provisions of this code are binding as terms and conditions of any lease of borough land. These terms and conditions, if not fully set forth in the lease, are incorporated by reference as though set out in full in the lease. The lease shall contain such additional terms, conditions, and restrictions as the borough determines to be in its best interest. [Ord. 78-7-0 §2, 1978]. 18.40.100 Lease utilization. Leased borough real property shall be utilized for purposes within the scope of the application, the terms of the lease, and in conformity with the borough comprehensive plan. Utilization or development for other than the allowed uses shall constitute a violation of the lease and subject the lease to cancellation. Failure to commence construction of the proposed improvements within two years or failure to complete construction of the proposed improvements within five years of the date of lease shall be a breach of lease and shall, at the borough's option, result in termination of the lease unless the borough has granted an extension under the terms and conditions set forth in KIBC 18.20.130. [Ord. 78-7-0 §2, 1978]. STAFF ANALYSIS The applicant states that they are interested in establishing a new lease with the Kodiak Island Sportsman's Association for five years, with "four options to extend for an additional five years each." The Borough first agreed to a five-year lease with the Kodiak Island Sportsman's Association on August 11, 1994 for a term of five years. This lease was subsequently extended twice (once in 2001 and most recently in 2005) for five- and fourteen -year terms respectively. Per Kodiak Island Code section 18.40.020.13, the Borough is restricted to a 25 -year lease term limit to non-profit entities, and this previous lease (including extensions) expired in 2019. The delay in renewing the lease was described by the applicant as having been caused by "staff shortages and turnover in the Manager's department." Given the Borough's long history leasing the property in question to the Kodiak Island Sportsman's Association, and there does not seem to be any new reason to decline this request. This request is compliant with the Borough's future land use map and the manner through which this property will be utilized by the leasing entity and the public remains the same as it was through the duration of the Borough's previous lease agreement with the Kodiak Sportsman's Association. Case No. 24 — 006 Staff Report and Recommendation Resolution No. FY2024-16 Authorizing Disposal By Lease Of Lot 1 And Lot ... Page 100 of 150 AGENDA ITEM #14.6.1. Pio epgO a O 4 L ALASKA This arrangement also helps to provide recreational opportunities for the public, which fulfills an objective of the 2008 Comprehensive Plan. COMPREHENSIVE PLAN CONSISTENCY The 2008 Comprehensive Plan mentions the need to increase public access to recreational opportunities in Women's Bay. The plan also describes improved access to recreational lands as a Borough -wide objective. • Goal: Improve and increase recreational opportunities. • Goal: Maintain and/or improve access to public recreational lands, including via Native corporation or other private lands, where possible. RECOMMENDATION Staff recommends that the Commission make a positive recommendation to the Assembly for disposal of this parcel by lease. APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to adopt Planning and Zoning Commission Resolution No. FY 24-01 recommending disposal by lease of 12044 Chiniak Highway (Chapter 18.20 KIBC) and to adopt the findings of fact listed in the staff report dated February 14, 2024, entered into the record for this case as "Findings of Fact" for Case No. 24-006. FINDINGS OF FACT 1. The Borough has owned this parcel for several decades and has previously leased it to the Kodiak Island Sportsman's Association. 2. Disposal by lease of this parcel satisfies a public need and enhances the health, safety, and welfare of Borough residents. 3. This request is supported by Public Facilities & Services goals and policies identified in the 2008 Comprehensive Plan. Case No. 24 — 006 Staff Report and Recommendation Resolution No. FY2024-16 Authorizing Disposal By Lease Of Lot 1 And Lot ... Page 101 of 150 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 47 48 AGENDA ITEM #14.8.1. Introduced by: Joe Grochmal Requested by: Meagan Christiansen Drafted by: Meagan Christiansen Adopted: KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION RESOLUTION NO. FY2024-01 A RESOLUTION OF THE KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION RECOMMENDING DISPOSAL BY LEASE OF LOT 9 and LOT 1, USS 2539, COMMONLY KNOWN AS THE SALONIE CREEK RIFLE RANGE AND RANGE CARETAKER'S SITE. WHEREAS, The Kodiak Island Borough Manager's Office has requested disposal by lease of Lot 9 and Lot 1, USS 2539; and WHEREAS, Kodiak Island Borough Code (KIBC) 18.20.030 requires each proposed disposal of Borough land by lease to be reviewed by the Planning & Zoning Commission before submission to the Assembly; and WHEREAS, the Planning & Zoning Commission is required under KIBC 18.20.030 to make a recommendation to the Assembly by resolution regarding the proposed land disposal by lease; and WHEREAS, the principal purpose of the Planning & Zoning Commission review is to consider if the identified land will be to the benefit of the public if disposed of by lease; and WHEREAS, the parcel identified for disposal has been in use as a rifle range and range caretaker's site for several decades; and WHEREAS, the Planning & Zoning Commission has found that, following review, it would be to the benefit of the public to dispose of the identified parcel by lease; and WHEREAS, the Planning & Zoning Commission held a public hearing on February 21, 2024 to consider this land disposal request. NOW, THEREFORE, BE IT RESOLVED BY THE KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION THAT: Section 1: The Kodiak Island Borough Planning & Zoning Commission, in accordance with Title 18 of the Kodiak Island Borough Code, recommends disposal by lease of Lot 9 and Lot 1, USS 2539. Section 2: The Kodiak Island Borough Planning & Zoning Commission, in accordance with Title 18 of the Kodiak Island Borough Code, has determined, after a public hearing on February 21, 2024, that disposal by lease of the aforementioned property would be to the benefit of the public. Kodiak Island Borough, Alaska Resolution No. FY2024-01 Page 1 of 2 Resolution No. FY2024-16 Authorizing Disposal By Lease Of Lot 1 And Lot ... Page 102 of 150 AGENDA ITEM #14.8.1. 49 Section 3: The aforementioned property should be disposed of by lease to Kodiak Island 50 Sportsmen's Association. 51 52 53 ADOPTED BY THE KODIAK ISLAND BOROUGH PLANNING AND ZONING 54 COMMISSION THIS 215' DAY OF February 2024 55 56 PLANNING AND ZONING COMMISSION 57 58 59 60 61 ATT 62 63 64 65 Bronwyn Currie, CDD Permit Technician Kodiak Island Borough, Alaska Christopher Paulson, Chair Resolution No. FY2024-01 Page 2 of 2 Resolution No. FY2024-16 Authorizing Disposal By Lease Of Lot 1 And Lot ... Page 103 of 150 AGENDA ITEM #14.8.1. Salonie Creek Rifle Range GROUND LEASE As authorized by Resolution No. of the Kodiak Island Borough, this Lease is made and executed on 20 , by and between Kodiak Island Borough (KIB), a municipal corporation, 710 Mill Bay Road, Kodiak, Alaska 99615 and Kodiak Island Sportsman's Association (KISA), a non-profit corporation organized and existing under the laws of the State of Alaska, Post Office Box 1098, Kodiak, Alaska 99615. I. Preamble. KIB and KISA have worked together cooperatively to develop and maintain a professionally operated and financially self-sufficient shooting range for the benefit of the citizens of the Kodiak Island Borough since 1992. II. Demise, Description and Use of Premises. KIB leases to KISA and KISA takes from KIB, for the purpose of conducting the business of a shooting range the surface estate of those certain premises, situated in the Kodiak Island Borough, Alaska, and more particularly described as follows: Tract A Rifle Range; Lot 9, U.S. Survey 2539, according to plat of dependent resurvey and subdivision thereof, accepted July 13, 1982 in the Kodiak Recording District, Third Judicial District, State of Alaska, excepting therefrom the subsurface estate, and all rights, privileges, immunities and appurtenances, of whatsoever nature, accruing unto said estate pursuant to the Alaska Native Claims Settlement Act of December 18, 1971 (85 Stat. 688, 794; USC 1601, 1613 (f) (1976)) and as conveyed in patent to Koniag, Inc., recorded January 10, 1986 in Book 78 at Page 43; comprising 687.92 acres; and Tract B Caretakers Site; That portion within the Northwest 1/4 of Section 6, Township 29 South, Range 20 West, Seward Meridian, Kodiak, Alaska with a Point of Beginning at the intersection of the Chiniak Highway Right of Way and the West boundary of the existing access road to Salonie Creek, thence South along the meander of the West boundary of the access road 660', thence due West 330', thence due North 660', to the Southerly edge of the Chiniak Highway Right of Way, then East along the meander of the right of way to the Point of Beginning, containing 5 acres more or less. KIB-KISA Salonie Creek Range Lease — Page 1 of 15 Resolution No. FY2024-16 Authorizing Disposal By Lease Of Lot 1 And Lot ... Page 104 of 150 AGENDA ITEM #14.8.1. As used herein, the term "premises" refers to the surface estate of this real property and to any improvements located on it from time to time during the term of this Lease. KISA acknowledges that KIB has no ownership or other interest in the sub -surface estate of the Premises. KISA's use of the Premises shall be limited to the purpose of developing and operating a shooting range, and normal uses customarily included in that activity such as firearms safety education and training, and for no other purpose. KIB understands that KISA may desire to use the Premises for other purposes regularly or intermittently. However, before using the Premises for any other purposes, KISA must obtain the express written consent from KIB. KIB agrees not to unreasonably withhold its consent provided the goal of this Lease as described in the preamble is promoted by the additional uses. III. Term. A. The initial term of this Lease shall be for five (5) years, commencing on , and ending on . As used herein, the expression "term hereof' refers to such initial term and to any renewal of it as provided in this Lease. B. Tenant shall have the option to extend the initial term of lease up to four (4) additional five (5) year periods. Tenant may exercise this option by providing written notification to Landlord at lease sixty 60) days prior to the effective date of termination of this Lease Agreement or any extension thereof. C. The parties may mutually agree to earlier termination of this Lease at any time. D. Emergency termination. The KIB reserves the right in case of emergency to immediately terminate this Lease and take possession of the Premises. If the KIB exercises this right, it assumes all obligations under any grants that KISA has obtained due to this Lease. In addition, KISA will not be required to return the Premises to its original condition if the KIB exercises this right. IV. Rent. Subject to adjustment as provided below, the rent for the term of this Lease shall be FIVE HUNDRED DOLLARS ($500.00) per year, payable in advance on the first day of each year plus the value of KISA's in-kind contributions. The annual rent due shall be reviewed and adjusted by the KIB manager at the end of every five-year term or whenever the agreement is amended or extended. Based on the original date of the Lease agreement, periodic reviews will occur on or about , and in five- year increments thereafter. Any changes or adjustments shall be based upon changes in the appraised fair market value of the land and improvements being leased, excluding landfill and other improvements placed upon the land by KISA as well as the value of KISA's in-kind contributions. KIB-KISA Salonie Creek Range Lease — Page 2 of 15 Resolution No. FY2024-16 Authorizing Disposal By Lease Of Lot 1 And Lot ... Page 105 of 150 AGENDA ITEM #14.8.1. If the Lease is terminated because of any breach by KISA, as provided in this Lease, the rental payment last made by KISA shall be forfeited and retained by KIB as partial or total damages for the breach. V. LWCF Grant. This Lease is subject to all terms and conditions of the Land and Water Conservation Fund Grant ("LWCF") obtained by KIB for the purchase and operation of the Premises. KISA shall comply with all terms of the LWCF Grant, including the post -completion responsibilities attached as Appendix A to this Lease. Without limiting the generality of the foregoing sentence, KISA shall comply with the following grant requirements: 1. The project site must be operated and maintained in a manner which encourages public participation. 2. Staffing and servicing must be such as to serve the public and maintain a clean, safe environment for recreation. 3. Sanitation and sanitary facilities shall be maintained in accordance with good housekeeping and applicable health standards. 4. Properties, facilities and equipment shall be kept reasonably safe for public use. 5. All facilities and other improvements shall be kept in reasonable repair throughout their estimated lifetime to prevent undue deterioration and to encourage public use. 6. The facility shall be kept open for public use at reasonable hours and times. Restrooms shall be unlocked during normal hours of use. 7. The Premises shall be open to entry and use by all persons, regardless of race, color, national origin, religion or sex, or who are otherwise eligible. 8. Discrimination on the basis of residence, including preferential reservation, membership or annual permit systems, is prohibited. Fees charged to non-residents cannot exceed twice that charged to residents. 9. The Premises must be accessible to and useable by all persons who have a disability, including mobility, visual, hearing or mental impairments, to the highest degree feasible. The parties understand that safety is a primary concern. To promote the safe operation of the shooting range, KISA may place reasonable restrictions on when the facility may be used by those with visual or mental impairments. 10. The Premises may not be converted to other than public outdoor recreational uses. KIB expressly acknowledges that it will be responsible for installation and maintenance of all signs required to assure compliance with the LWCF grant. KISA expressly acknowledges that KIB-KISA Salonie Creek Range Lease — Page 3 of 15 Resolution No. FY2024-16 Authorizing Disposal By Lease Of Lot 1 And Lot ... Page 106 of 150 AGENDA ITEM #14.8.1. it will be responsible for installation and maintenance of all range markers and general firearm safety signs. VI. Uses Prohibited. A. KISA shall not use, permit the Premises, or any part of the Premises, to be used, for any purpose other than the purpose or purposes for which the Premises are leased. If the Premises are devoted to a use other than that for which they are leased without consent of the KIB Assembly, this Lease automatically terminates. KISA shall also comply with and abide by all federal, state, borough, municipal, and other governmental statutes, ordinances, laws, and regulations affecting the Premises, the improvements or any activity or condition on or in the Premises. KIB and KISA shall coordinate the acquisition of any necessary environmental permits needed for the operation of the shooting range. B. Special Use limitations. KISA shall comply with the following special use limitations unless the KIB consents, in writing, to modify these limitations: I . KISA shall post the hours of operation for the shooting ranges with a phone number where a responsible party can be reached. To address the requirements in Section V, the range shall be open to the general public at a minimum of eight 8 hours per month. Tannerite shall not be allowed for use on the site. 3. Automatic weapons shall not be used unless the weapon is being fired in standard or semi-automatic mode. 4. Firearms that exceed 6000 -foot pounds of muzzle energy shall not be used. Shooting beyond the boundaries of the range shall not be allowed. VII. Waste and Nuisance Prohibited, Lead Management Plan Required. A. During the term of this Lease, KISA shall comply with all applicable laws affecting the Premises, the breach of which might result in any penalty on KIB or forfeiture of KIB's title to the Premises. KISA shall not commit, or suffer to committed, any waste on the Premises, or any nuisance. B. On or before one year from the date of this agreement, KISA shall develop a Lead Management Plan based upon the with the Environmental Protection Agency's most current version of the Best Management Practices for Lead at Outdoor Shooting Ranges (EPA's Best Practices) to minimize and manage lead contamination of the Premises and shall submit that plan to the KIB for approval. KISA shall implement the approved plan. If the plan requires initial lead removal, KISA shall begin an initial lead removal operation on the Premises within the first KIB-KISA Salonie Creek Range Lease — Page 4 of 15 Resolution No. FY2024-16 Authorizing Disposal By Lease Of Lot 1 And Lot ... Page 107 of 150 AGENDA ITEM #14.8.1. eighteen (18) months of Lease signing. Lessee shall remove all lead from the property that exceeds permissible levels at its own expense utilizing a qualified person or business. C. Hazardous Substances. Lessee may use or otherwise handle only those hazardous substances typically used or handled in the prudent and safe operation of the permitted use allowed under this Lease. Lessee shall refrain from causing Hazardous Substances, other than lead, to be spilled, leaked, disposed of, or otherwise released on or under the property. Lessee may store such Hazardous Substances on the property only in quantities necessary to satisfy Lessee's reasonably anticipated needs. Lessee shall comply with all Environmental Laws and exercise the highest degree of care in the use, handling, and storage of Hazardous Substances and shall take all practicable measures to minimize the quantity and toxicity of Hazardous Substances used, handled, or stored on the property. D. The KIB reserves the right to require KISA to post financial security for environmental cleanup of the site as required by the lead management plan as a condition of extension of the Lease beyond the initial term. The amount and form of the financial security must be approved by the Borough Manager. VIII. Abandonment of Premises. KISA shall not vacate or abandon the Premises at any time during the term hereof; if KISA shall abandon, vacate or surrender the Premises, or be dispossessed by process of law, or otherwise, any personal property belonging to KISA and left on the Premises shall be deemed to be abandoned, at the option of KIB. IX. KIB's Right of Entry. KISA shall permit KIB and the agents and employees of KIB to enter into and upon the demised Premises at all reasonable times for the purpose of inspecting the same, without any rebate of rent and without any liability to KISA for any loss of occupation or quiet enjoyment of the Premises thereby occasioned. KISA shall provide three (3) gate keys to the Kodiak Island Borough. X. Use of Material. KISA shall not sell or remove for use off the Premises any timber, stone, gravel, peat moss, topsoil, or any other material valuable for building or other commercial purposes, provided, however, that material may be used only to the extent that KIB could use, if required, for the development of the leasehold. Any removal of such material from the leasehold shall require written approval from the KIB Manager and, for instances involving a commercial quantity, the marker value shall be paid to the KIB or to the owner of the subsurface rights, as the case may be. Additionally, KISA shall not utilize naturally deposited materials on or off-site without approval from the KIB Manager. XI. Subletting and Assignment. KISA shall not sublet or assign or transfer this Lease, or any interest in it, without the prior written consent of the KIB Assembly, and a consent to an assignment or sublease shall not be KIB-KISA Salonie Creek Range Lease — Page 5 of 15 Resolution No. FY2024-16 Authorizing Disposal By Lease Of Lot 1 And Lot ... Page 108 of 150 AGENDA ITEM #14.8.1. deemed to be a consent to any subsequent assignment or sublease. Any such assignment or sublease without such consent shall be void, and shall, at the option of KIB, terminate this Lease. Neither this Lease nor the leasehold estate of KISA nor any interest of KISA hereunder in the Premises or any building or improvements on the Premises shall be subject to involuntary assignment, transfer, or sale, or to assignment, transfer, or sale by operation of law in any manner whatsoever, and any such attempted involuntary assignment, transfer, or sale shall be void and of no effect and shall, at the option of KIB, terminate this Lease. XIL Notices. All notices, demands, or other writings in this Lease provided to be given or made or sent, or which may be given or made or sent, by either party hereto the other, shall be deemed to have been fully given or made or sent when made in writing and deposited in the United States mail, registered and postage prepaid, and addressed as follows: on '4 Kodiak Island Borough Attention: Borough Manager 710 Mill Bay Road Kodiak, Alaska 99615 To KISA: Kodiak Island Sportsman's Association Attention: President Post Office Box 1098 Kodiak, Alaska 99615 XIII. Taxes and Assessments. A. Taxes as Additional Rental. As additional rental hereunder, KISA shall pay and discharge as they become due, promptly and before delinquency, all taxes, assessments, rates, charges, license fees, municipal liens, levies, or excises, whether general or special, or ordinary or extraordinary, of every name, nature and kind whatsoever, including all governmental charges of whatsoever name, nature, or kind, which may be levied, assessed, charged, or imposed, or which may become a lien or charge on or against the Premises, or any part of the Premises, the leasehold of KISA herein, any building or buildings, or any other improvements now or hereafter thereon, or on or against KISA's estate hereby created which may be a subject of taxation, or on or against KIB by reason if its ownership of the surface estate underlying this Lease, during the entire term hereof, excepting only those taxes hereinafter specifically excepted. B. Contesting Taxes. If KISA shall in good faith desire to contest the validity or amount of any tax, assessment, levy, or other governmental charge herein agreed to be paid by KISA, KISA shall be permitted to do so, and to defer payment of such tax or charge, the validity or amount of which KISA is so contesting, until final determination of the contest, on giving to KIB written notice thereof prior to the commencement of any such contest, which shall be at least thirty (30) days prior to delinquency. KIB-KISA Salonie Creek Range Lease — Page 6 of 15 Resolution No. FY2024-16 Authorizing Disposal By Lease Of Lot 1 And Lot ... Page 109 of 150 AGENDA ITEM #14.8.1. C. Disposition of Rebates. All rebates on account of such taxes, rates, levies, charges, or assessments required to be paid and paid by KISA under the provisions hereof shall belong to KISA, and KIB will, on the request of KISA, execute any receipts, assignments, or other acquittances that may be necessary in the Premises in order to secure the recovery of any such rebates, and will pay over to KISA any such rebates that may be received by KIB. D. Receipts. KISA shall obtain and deliver receipts or duplicate receipts for all taxes, assessments, and other items required hereunder to be paid by KISA, promptly on payment thereof. XIV. Construction of Buildings and Other Improvements. Prior to constructing, altering, improving, charging or placing any buildings or improvements on the Premises, KISA shall, at KISA's sole expense, prepare plans and specifications describing the proposed work. Such plans and specifications shall be submitted to KIB for KIB's written approval or any revisions required by KIB. KIB shall not unreasonably withhold such approval. In the document approving the plans and specifications, KIB shall specify the time within which work is to commence and the time within which the work is to be completed. In the event KIB does not approve the plans and specifications, KIB shall give to KISA an itemized statement of reasons. For purposes of the paragraph the term "buildings and improvements" includes, by example and not limitation, buildings to be moved to or erected on the Premises which shall provide for and support a shooting range, range improvements, public restrooms, and access for handicapped shooters. KISA shall be responsible for compliance with any applicable laws and to obtain any permits required for work under this section. KISA shall not undertake any culvert removal and/or replacement without prior written annroval by KIB. KIB shall not unreasonably withhold such annroval. KISA shall not perform any excavation within wetlands on the range site without notifying KIB and obtainingall ll re ug latory permits that such work requires. XV. Repairs of Improvements. A. KISA acknowledges that it will have the possession of the Premises and will be in the best position to assure that the Premises and improvements are well maintained. Therefore, KISA shall, throughout the terms of this Lease, keep and maintain the Premises, including all buildings and improvements of every kind which may be on the Premises, and all appurtenances to those buildings and improvements, including adjacent sidewalks, in good, sanitary, and neat order, condition and repair, and, except as specifically provided herein, restore and rehabilitate any improvements of any kind which may be destroyed or damaged by fire, casualty, or any other cause whatsoever except damage caused by KIB's agents which exercising KIB's right of entry (Paragraph IX, above) and right of way (Paragraph XXVIII, below). While KISA is a non-profit volunteer organization, it is expected to use the Premises in such a manner to generate adequate revenue to provide funds for routine maintenance. KIB-KISA Salonie Creek Range Lease — Page 7 of 15 Resolution No. FY2024-16 Authorizing Disposal By Lease Of Lot 1 And Lot ... Page 110 of 150 AGENDA ITEM #14.8.1. B. KIB shall not be obligated to make any repairs, replacements, or renewals of any kind, nature, or description, whatsoever to the Premises or any buildings or improvements on the Premises, except damage caused by KIB's agents while exercising KIB's right of entry (Paragraph IX, above) and right of way (Paragraph XXVIII, below). XVI. Utilities. KISA shall fully and promptly pay for all water, gas, heat, light, power, telephone service, and other public utilities of every kind furnished to the Premises throughout the term of this Lease, and all other costs and expenses of every kind whatsoever of or in connection with the use, operation, and maintenance of the Premises and all activities conducted thereon, and KIB shall have no responsibility of any kind for any of these costs or expenses. XVII. Liens. KISA shall keep all and every part of the Premises and all buildings and other improvements at any time located on the Premises free and clear of any and all mechanics', materialmen's, and other liens for or arising out of or in connection with: 1. work or labor done, services performed, or materials or appliances use or furnished for or in connection with any operations of KISA; or 2. any alteration, improvement, or repairs or additions which KISA may make or permit or cause to be made, or any work or construction, by, for, or permitted by KISA on or about the Premises; or any obligations of any kind incurred by KISA. KISA shall, at all times, promptly and fully pay and discharge any and all claims on which any lien may or could be based, and to indemnify KIB and all of the Premises and all buildings and improvements on the Premises against all such liens and claims of liens and suits or other proceedings. XVIII. Indemnification of HIB. KIB shall not be liable for any loss, injury, death, or damage to persons or property which at any time may be suffered or sustained by KISA or by any person whosoever may at any time be using or occupying or visiting the demised Premises or be in, on, or about the same, whether such loss, injury, death, or damage shall be caused by or in any way result from or arise out of any act, omission, or negligence of KISA or of any occupant, subtenant, visitor, or user of any portion of the Premises, or shall result from or be caused by any other matter or thing whether of the same kind as or of a different kind than the matters or things above set forth, and KISA shall defend and indemnify KIB against all claims, liability, loss, or damage whatsoever on account of any such loss, injury, death, or damage except loss, injury, death or damage caused by right of way (Paragraph XIX, below). KISA hereby waives all claims against KIB for damages to the building and improvements that are now on or hereafter placed or built on the Premises and to the property KIB-KISA Salonie Creek Range Lease — Page 8 of 15 Resolution No. FY2024-16 Authorizing Disposal By Lease Of Lot 1 And Lot ... Page 111 of 150 AGENDA ITEM #14.8.1. of KISA in, on, or about the Premises, and for injuries to persons or property in or about the Premises, for any cause arising at any time except loss, injury, death or damage caused by KIB's agents while exercising KIB's right of entry (Paragraph IX, above) and right of way (Paragraph XXVIII, below). XIX. Attorneys' Fees. If any action at law or in equity shall be brought for or on account of any breach of, or to enforce or interpret any of the covenants, terms, or conditions of this Lease, or for the recovery of the possession of the demised Premises, the prevailing party shall be entitled to recover from the other party as part of the prevailing party's costs a reasonable attorneys' fee, the amount of which shall be fixed by the court and shall be made a part of any judgment or decree rendered. XX. Redelivery of Premises. KISA shall pay all sums required to be paid by KISA hereunder in the amounts, at the times, and in the manner provided in this Lease, and shall keep and perform all the terms and conditions of this Lease on its part to be kept and performed, and, at the expiration or sooner termination of this Lease, peaceably and quietly quit and surrender to KIB the Premises in good order and condition subject to the other provisions of this Lease. In the event of the non- performance by KISA, of any of the covenants of KISA undertaken herein, this Lease may be terminated as herein provided. XXI. Remedies Cumulative. All remedies hereinbefore and hereafter conferred on KIB shall be deemed cumulative and no one exclusive of the other, or of any other remedy conferred by law. XXII. Insurance. A. Insurance Coverage of Premises. KISA shall, at all times during the term of this Lease and at KISA's sole expense, keep all improvements which are now or hereafter a part of the Premises insured against loss or damage by fire and extended coverage hazards for one hundred percent (100%) of the full replacement value of such improvements, with loss payable to KIB and KISA as their interests may appear. Any loss adjustment shall require the written consent of both KIB and KISA. B. General Liability Insurance. KISA shall maintain in effect throughout the term of this Lease liability insurance covering the Premises and its appurtenances in the amount of Two Million Dollars ($2,000,000.00) for injury to or death of any person or persons in one occurrence, and property damage liability insurance in the amount of One Million Dollars ($1,000,000.00). Such insurance shall specifically insure KISA against all liability assumed by it hereunder, as well as liability imposed by law, and shall insure both KIB and KISA but shall be so endorsed as to create the same liability on the part of the insurer as though separate policies had been written for KIB and KISA. KIB-KISA Salonie Creek Range Lease — Page 9 of 15 Resolution No. FY2024-16 Authorizing Disposal By Lease Of Lot 1 And Lot ... Page 112 of 150 AGENDA ITEM #14.8.1. C. Proof of Insurance. KISA shall provide a copy of its insurer's Certificate of Insurance upon each renewal or change of insurance coverage. E. Cost of Insurance Deemed Additional Rental. The cost of insurance required to be carried by KISA in this section shall be deemed to be additional rent hereunder. XXIII. Prohibition of Involuntary Assignment; Effect of Bankruptcy, or Insolvency. A. Prohibition of Involuntary Assignment. Neither this Lease nor the leasehold estate of KISA nor any interest of KISA hereunder in the Premises or in the buildings or improvements on the Premises shall be subject to involuntary assignment, transfer, or sale, or to assignment, transfer, or sale by operation of law in any manner whatsoever (except through statutory merger or consolidation, or devise) and any such attempt at involuntary assignment, transfer, or sale shall be voice and of no effect. B. Effect of Bankruptcy. Without limiting the generality of the provisions of the preceding sub -paragraph (a) of this paragraph, KISA agrees that in the event any proceedings under the Bankruptcy Act or any amendment thereto be commenced by or against KISA, and, if against KISA, such proceedings shall not be dismissed before either an adjudication in bankruptcy or the confirmation of a composition, arrangement, or plan or reorganization, or in the event KISA is adjudged insolvent or makes an assignment for the benefit of its creditors, or if a receiver is appointed in any proceeding or action to which KISA is a party, with authority to take possession or control of the Premises or the business conducted thereon by KISA, and such receiver is not discharged within a period of thirty (30) days after his appointment, any such event or any involuntary assignment prohibited by the provisions of the preceding sub -paragraph (a) of this paragraph shall be deemed to constitute a breach of this Lease by KISA and shall, at the election of KIB, but not otherwise, without notice or entry or other action of KIB terminate this Lease and also all rights of KISA under this Lease and in and to the Premises and also all rights of any and all persons claiming under KISA. XXIV. Notice of Default. A. Major Defaults. The obligations and responsibilities of KISA as described in Paragraphs X, XXII and XXIII of this Lease are of major importance to KIB. KISA shall be in default of its obligations under this Lease if any of the events required by or prohibited by those paragraphs. Prior to exercising its remedies as described in Paragraph XXV, KIB shall first give to KISA five (5) days. If KISA does not cure the default, KIB may proceed with its remedies as described in Paragraph XXV. B. Default in Payments. KISA shall be in default of its obligations under this Lease if it fails to pay rent or any other moneys as required by this Lease. Prior to exercising its remedies as described in Paragraph XXV, KIB shall first give to KISA thirty (30) days written notice of the default. KISA must cure the default within that thirty (30) days. If KISA does not sure the default, KIB may proceed with its remedies as described in Paragraph XXV. KIB-KISA Salonie Creek Range Lease — Page 10 of 15 Resolution No. FY2024-16 Authorizing Disposal By Lease Of Lot 1 And Lot ... Page 113 of 150 AGENDA ITEM #14.8.1. C. Other Defaults. KISA shall not be deemed to be in default of any of its other obligations under this Lease unless KIB shall first give to KISA sixty (60) days written notice of such default, and KISA fails to cure such default within such sixty-day period. If KISA does not then cure the default, KIB may proceed with remedies as described in Paragraph XXV. If the default is of such a nature that it cannot be cured within sixty (60) days, KISA must commence to cure the default within such period of sixty (60) days and provide KIB in writing, during the original sixty (60) day notice period, with the date by which default will be cured. If KISA does not cure the default by that date, KIB may proceed with its remedies as described in Paragraph XXV. XXV. KIB's Remedies upon KISA's Default. A. Re-entry. Subject to the notice requirements of Paragraph XXIV, in the event of any default or breach of this Lease by KISA, KIB, in addition to the other rights or remedies it may have, shall have the immediate right of re-entry and may remove all persons and property from the Premises; such property may be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of KISA. Should KIB elect to re-enter, as herein provided, or should it take possession pursuant to legal proceedings or pursuant to any notice provided for by law, KIB may either terminate this Lease or it may from time to time, without terminating this Lease, re -let the Premises or any part of the Premises for such term or terms (which may be for a term extending beyond the term of this Lease) and at such rental or rentals and on such other terms and conditions as KIB in the sole discretion of KIB may deem advisable with the right to make alterations and repairs to the Premises. B. Richt to Perform. Alternatively, in the event of any default or breach of this Lease by KISA and KISA failure to cure as required by Paragraph XXIV, then KIB may, but shall not be required to, do or perform or cause to be done or performed such act or thing (entering on the Premises for such purposes, if KIB shall so elect), and KIB shall not be or be held liable or in any way responsible for any loss, inconvenience, annoyance, or damage resulting to KISA on account thereof, and KISA shall repay to KIB on demand the entire expense thereof, including compensation to the agents and employees of KIB. Any act or thing done by KIB pursuant to the provisions of this section shall not be or be construed as a waiver of any such default by KISA, or as a waiver of any covenant, term, or condition herein contained or the performance thereof, or of any other right or remedy of KIB, under this Lease, or otherwise. C. Interest. All amounts payable by KISA to KIB under any of the provisions of this Lease, if not paid when the same become due as in this Lease provided, shall bear interest from the date they become due until paid at the rate of 10.5 percent per annum, compounded annually. XXVI. Surrender of Lease. Upon termination of the Lease, the KISA shall peaceable and quietly leave, surrender, and yield up unto KIB all of the Leased Premises. The voluntary or other surrender of this Lease by KISA, or a mutual cancellation of the Lease, shall not work a merger, and shall, at the option of KIB, terminate all or any existing subleases or subtenancies, or may, at the option of KIB, operate as an assignment to it of any or all such subleases or subtenancies. KIB-KISA Salonie Creek Range Lease — Page 11 of 15 Resolution No. FY2024-16 Authorizing Disposal By Lease Of Lot 1 And Lot ... Page 114 of 150 AGENDA ITEM #14.8.1. XXVII. Disposition of Improvements on Termination of Lease. A. If the expiring leasehold is not to be re -offered for Lease, the following schedule shall apply: 1. Subject to Paragraph XXV(A), improvements owned by the KISA shall, within ninety (90) calendar days after the termination of the Lease, be removed by KISA, provided such removal will not cause injury or damage to the Premises or improvements, and further provided that the KIB Manager may extend the time for removing such improvements in cases where hardship is proven. All periods of time granted KISA to remove improvements are subject to KISA's paying to the KIB pro rata lease rentals for the period. 2. If any improvements or chattels not owned by KISA which have an appraised value in excess of five thousand dollars, as determined by the KIB assessor or appraiser, are not removed within the time allowed, such improvements or chattels shall, upon thirty (30) days' notice to KISA, be sold at public sale under the direction of the KIB Manager. The proceeds of the sale shall inure to the KISA if it placed the improvements or chattels on the Premises, after deducting for KIB's rents due and owing, expenses incurred in making such sale and any other sums owed to KIB under this Lease. If no responsible bids are received, title to such improvements or chattels shall vest in the KIB. 3. If any improvements or chattels having an appraised value of five thousand dollars or less, as determined by the KIB assessor or appraiser, are not removed within the time allowed, such improvements and chattels shall revert to, and absolute title shall vest in, the KIB. B. If the expiring leasehold is to be re -offered for lease or sale within one year of the Lease termination, and the improvements have been allowed to remain in place, KIB shall state when re -offering the real property: 1. The estimated value of the authorized improvements remaining on the land placed there by KISA; 2. That the purchaser or new tenant will be required, as a condition of the sale or lease, to purchase the improvements from KISA for an amount equal to the value specified. XXVIII. Right -Of -Way. KIB expressly reserves the right to reasonable ingress or egress over and across the Leased Premises for the purposes of construction, repairing, maintaining, or replacing any utility or road right-of-way which KIB is authorized to construct or maintain and to grant to itself reasonable easements over and through the Leased Premises for these purposes. Annual rentals may be adjusted to compensate KISA for loss of use of the Leased Premises. KIB agrees to coordinate with KISA to minimize the disruption to KISA's use and enjoyment of the Premises. This includes co -locating any roads with the road utilized by KISA. To prevent the disruption in any of KISA's scheduled events, KISA will provide KIB with a schedule of events on a quarterly basis. KIB KIB-KISA Salonie Creek Range Lease — Page 12 of 15 Resolution No. FY2024-16 Authorizing Disposal By Lease Of Lot 1 And Lot ... Page 115 of 150 AGENDA ITEM #14.8.1. agrees that is will not make or allow the use to be made of any rights-of-way during a KISA scheduled event, except in an emergency situation. KIB reserves the right to grant easements or rights-of-way over and across leased land if it is determined in the best interest of the KIB to do so and by doing so the KIB an KISA remain in compliance with the requirements of the LWCF grant. If KIB grants an easement or right-of-way across any of the Premises, KISA shall be entitled to damages for all KISA-owned improvements destroyed or damaged. Damages shall be limited to improvements only, and loss shall be determined by fair market value. Annual rentals may be adjusted to compensate KISA for loss of use of the Premises. XXIX. Waiver. The waiver by either parry of, or the failure of either party to take action with respect to any breach of any term, covenant, or condition herein contained by the other party shall not be deemed to be a waiver of such term, covenant, or condition, or subsequent breach of the same, or any other term, covenant, or condition therein contained. The subsequent acceptance of rent hereunder by KIB shall not be deemed to be a waiver of any preceding breach by KISA or KIB of any term, covenant, or condition of this Lease, other than the failure of KISA to pay the particular rental so accepted, regardless of KIB's knowledge of such preceding breach at the time of acceptance of such rent. The subsequent payment of rent hereunder by KISA shall not be deemed to be a waiver of any preceding breach by KIB of any term, covenant, or condition of this Lease regardless of KISA's knowledge of such preceding breach at the time of payment of such rent. XXX. Parties Bound. The covenants and conditions herein contained shall, subject to the provisions as to assignment, transfer, and subletting, apply to and bind the successors, administrators, and assigns of all of the parties hereto; and all of the parties hereto shall be jointly and severally liable hereunder. XXXI. Time of the Essence. Time is of the essence of this Lease, and of each and every covenant, term, condition and provision hereof. XXXII. Captions. The captions of this Lease are for convenience only and are not a part of this Lease and do not in any way limit or amplify the terms and provisions of this Lease. XXXIII. Condition of Premises. KISA acknowledges that it has inspected the Premises and is fully satisfied with the physical condition of such Premises and any fixtures and improvements located on the Premises. KIB-KISA Salonie Creek Range Lease — Page 13 of 15 Resolution No. FY2024-16 Authorizing Disposal By Lease Of Lot 1 And Lot ... Page 116 of 150 AGENDA ITEM #14.8.1. XXXIV. Quiet Enjoyment. If KISA is not in default under this Lease, KISA may peacefully enjoy the Premises during the term of this Lease. XXXV. Enforceability. If any part of this Lease is deemed invalid or unenforceable, the balance of this Lease shall remain effective, absent the unenforceable provision. XXXVI. Amendment. No change in this Lease shall be effective unless it is in writing and signed by both KIB and KISA. XXXVII. Governing Law. The laws of the State of Alaska shall govern the interpretation, validity, performance and enforcement of this Lease. Venue for any action under this Lease shall be in the Third Judicial District at Kodiak, Alaska. IN WITNESS WHEREOF, the parties have executed this Lease at Kodiak, Alaska on the day and year first above written. Kodiak Island Borough Aimee Williams, Borough Manager Attest Nova M. Javier, MMC, Borough Clerk Kodiak Island Sportsman's Association Patrick Anderson, President STATE OF ALASKA ) KIB-KISA Salonie Creek Range Lease — Page 14 of 15 Resolution No. FY2024-16 Authorizing Disposal By Lease Of Lot 1 And Lot ... Page 117 of 150 AGENDA ITEM #14.8.1. )ss: THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on the —day of , 20 , before me, the undersigned, a Notary Public in and for the State of Alaska, duly commissioned and sworn, personally appeared Aimee Williams, to me known and known to me to be the identical individual described in and who executed the within and foregoing instrument as Manager of the Kodiak Island Borough and he acknowledged to me that he signed the same in the name of and for and on behalf of said municipality, freely and voluntarily and by authority of its Assembly for the uses and purposes therein mentioned. WITNESS my hand and official seal the day and year first above written. Notary Public for State of Alaska My Commission Expires: STATE OF ALASKA ) )ss: THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that on the _ day of , 2019, before me, the undersigned, a Notary Public in and for the State of Alaska, duly commissioned and sworn, personally appeared Patrick Anderson, to me known and known to me to be the identical individual described in and who executed the within and foregoing instrument as President of Kodiak Island Sportsman's Association and he acknowledged to me that the same was signed in the name of and for and on behalf of said corporation, freely and voluntarily and by authority of its Board of Directors for the uses and purposes therein mentioned. WITNESS my hand and official seal the day and year first above written. Notary Public for State of Alaska My Commission Expires: KIB-KISA Salonie Creek Range Lease – Page 15 of 15 Resolution No. FY2024-16 Authorizing Disposal By Lease Of Lot 1 And Lot ... Page 118 of 150 AGENDA ITEM #14.6.2. KODIAK ISLAND BOROUGH STAFF REPORT APRIL 4, 2024 ASSEMBLY REGULAR MEETING SUBJECT: Resolution No. FY2024-20 Authorizing The Manager To Accept The Alaska Division Of Homeland Security & Emergency Management (DHS&EM) Grant In The Amount of $99,540 ORIGINATOR: Aimee Williams, Borough Manager RECOMMENDATION: Move to adopt Resolution No. FY2024-20. DISCUSSION: The Kodiak Island Borough applied for a grant from the Alaska Division of Homeland Security & Emergency Management (DHS&EM) for the purpose of conducting an advanced assistance hydrology study for flood -prone areas along Sargent Creek and Russian Creek. DHS&EM has approved a grant in the amount of $99,540 based on the submitted grant application, which will provide assistance necessary to investigate and evaluate a range of flood mitigation options for flood -prone areas along Sargent Creek and Russian Creek (including potential hydraulic modeling and benefit -cost analyses). ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Kodiak Island Borough Resolution No. FY2024-20 Authorizing The Manager To Accept The Alaska Di... Page 119 of 150 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 AGENDA ITEM #14.6.2. KODIAK ISLAND BOROUGH RESOLUTION NO. FY2024-20 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH ACCEPTING A GRANT FROM THE ALASKA DIVISION OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT UNDER THE HAZARD MITIGATION GRANT PROGRAM (HMGP) WHEREAS, the Kodiak Island Borough applied for a grant from the Alaska Division of Homeland Security & Emergency Management (DHS&EM) for the purpose of conducting an advanced assistance hydrology study for flood -prone areas along Sargent Creek and Russian Creek; and WHEREAS, DHS&EM has approved a grant in the amount of $99,540 based on the submitted grant application, which will provide assistance necessary to investigate and evaluate a range of flood mitigation options for flood -prone areas along Sargent Creek and Russian Creek (including potential hydraulic modeling and benefit -cost analyses); and WHEREAS, acceptance of this award is necessary to utilize the funds to pay for the hydrology study and associated project requirements. NOW, THEREFORE, BE IT RESOLVED, BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that the Borough Manager is hereby authorized to accept the DHS&EM grant funds in the amount of $99,540 and to administer those funds to initiate and complete the hydrology study as described in the approved grant application. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2024 KODIAK ISLAND BOROUGH Scott Arndt, Borough Mayor VOTES.- Ayes: OTES:Ayes: Noes: Resolution No. FY2024-20 ATTEST: Nova M. Javier, MMC, Borough Clerk Page 1 of 1 Resolution No. FY2024-20 Authorizing The Manager To Accept The Alaska Di... Page 120 of 150 THE STATE °fALASKA GOVERNOR MIKE DUNLEAVY February 2, 2024 Aimee Williams, Chief Operating Officer Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 AGENDA ITEM #14.6.2. Department of Military and Veterans' Affairs Division of Homeland Security and Emergency Management RE: Obligating Award Document 4585 - DR -0005R -AK, 2020 South East Severe Storm, Flooding, Landslide, Mudslide Kodiak Island Borough Advanced Assistance Hydrology Study Ms. Williams: Enclosed is the Division Hazard Mitigation Grant Program (HMGP) Obligating Award Document (OAD) for the Kodiak Advanced Assistance Hydrology Study. P.O. Box 5750 JBER, AK 99505-0750 Main: 907.428.7000 Fax: 907.428.7009 ready.aiaska.gov The total award amount for this project is $99,540.00. You will find the terms of the grant and procedures in the 14MGP OAD and the Division of Homeland Security and Emergency Management (DHS&EM) Subrecipient Handbook on our website: ready.alaska.gov. A copy of the OAD is enclosed. Please return the award document to our office after signing the first and last page. To speed up the process, please email a signed copy to your State contact and the Division Representative below. If you have any questions please contact Kim Barenburg, your assigned Division Representative, at (907) 428-7045 or by email at mvamitigation@alaska.gov. Sincerely, William A. Dennis Alternate Governor's Authorized Representative Enclosure(s): (1) DHS&EM HMGP Obligating Award Document (1) FEMA Award Package A. Award Letter B. Obligation Report C. Environmental Report Resolution No. FY2024-20 Authorizing The Manager To Accept The Alaska Di... Page 121 of 150 AGENDA ITEM #14.6.2. November 15, 2023 Bryan Fisher, Director Alaska Department of Military and Veterans Affairs Division of Homeland Security and Emergency Management P.O. Box 5750 JBER, AK, 95505 RE: Hazard Mitigation Grant Program (HMGP) for DR -4585 -AK Approval of Advance Assistance for 4585-05-R Kodiak Island Borough Hydrology Study Dear Mr. Fisher, Federal Emergency Management Agency (FEMA) Region 10 has approved and obligated funding for the following project submitted under the Hazard Mitigation Grant Program for DR -4585 -AK: Kodiak Island Borough Hydrology Study. This advance assistance project will benefit the Kodiak Island Borough by developing a robust hydrology study investigating and evaluating a range of flood mitigation options for flood -prone areas along Sargant Creek and Russian Creek, For some identified options, evaluation will include conducting hydraulic modeling and benefit -cast analysis. Total Project Cost: U.S. Department of 1lmneland Security Non -Federal match (10%): FEMA Region 10 $99,540.00 130 — 22814 Street, SW $9,954.00 Bothell, Washington 98021-8627 FEMA November 15, 2023 Bryan Fisher, Director Alaska Department of Military and Veterans Affairs Division of Homeland Security and Emergency Management P.O. Box 5750 JBER, AK, 95505 RE: Hazard Mitigation Grant Program (HMGP) for DR -4585 -AK Approval of Advance Assistance for 4585-05-R Kodiak Island Borough Hydrology Study Dear Mr. Fisher, Federal Emergency Management Agency (FEMA) Region 10 has approved and obligated funding for the following project submitted under the Hazard Mitigation Grant Program for DR -4585 -AK: Kodiak Island Borough Hydrology Study. This advance assistance project will benefit the Kodiak Island Borough by developing a robust hydrology study investigating and evaluating a range of flood mitigation options for flood -prone areas along Sargant Creek and Russian Creek, For some identified options, evaluation will include conducting hydraulic modeling and benefit -cast analysis. Total Project Cost: Federal share (90%). Non -Federal match (10%): Management Costs $99,540.00 $89,586.00 $9,954.00 $4,975.00 FEMA approved the project and obligated funds on November 15, 2023; paperwork is enclosed. The Period of Performance for DR -4585 ends on August 15, 2025, Please note that FEMA does not specify a subaward Period of Performance. Once the subrecipient notifies the State that the project is completed, please submit project closeout documentation to Region 10 within 90 days, This project is in compliance with the National Environmental Policy Act. A copy of the Record of Environmental Consideration, approved by FEMA on February 16, 2023, is enclosed, This approval is subject to the standard Hazard Mitigation Grant Program administrative provisions (enclosed), the conditions of the Record of Environmental Consideration (enclosed) and the following Programmatic and Environmental conditions; • The identified hazard mitigation activities will not affect natural resources or the human environment. www.fema.gov Resolution No. FY2024-20 Authorizing The Manager To Accept The Alaska Di... Page 122 of 150 AGENDA ITEM #14.6.2. Mr. Fisher November 15, 2023 Page 2 • Award subrecipients may not use the funds from this award to implement actions not identified in the project's approved scope of work. • The result of the advance assistance -related activity developed through this grant must be consistent with the requirements in Hazard Mitigation Assistance Guidance (2015) Part II, Section K, and Part VIII, Section A.12, For further assistance, please contact the Region 10 Hazard Mitigation Grant Program at fema-rl0- m it-hm gpQfema. dhs. aovaov. Sincerely, STEWART ed by MARK MARK vv W STEWART 0eo0'0"1,1515:27:21 Mark Stewart, Alaska/Idaho HMGP Section Chief Mitigation Division Enclosures: cc: Garrett Brooks, State Hazard Mitigation Officer Stacey Norman, Disaster Grants Branch Chief, GPD Mary DeBacker, Mitigation Disaster Operations Branch Chief KF:ms Resolution No. FY2024-20 Authorizing The Manager To Accept The Alaska Di... Page 123 of 150 AGENDA ITEM #14.6.2. Mr. Fisher November 15, 2023 Page 3 Standard Administrative Provisions, for Hazard Mitigation Grant Program (HMGP) FEMA Region 10 -- updated September 8, 2021 • The recipient agrees that all use of funds under this subaward will be in accordance with the Hazard Mitigation Assistance Unified Guidance in effect at the time of the Disaster Declaration, relevant HMGP guidance and policy memos and directives, as well as the HMGP in Code of Federal Regulations (CFR) Title 44 Part 206 Subpart N, • The recipient may receive payment in advance using the United States (U.S) Department of Health and Human Services Payment Management System formerly known as SmartLink, The recipient may advance portions of the approved Federal share to the Subrecipient provided the recipients maintain procedures to minimize the time elapsing between the transfer of funds from the U.S. Treasury and their disbursement to the Subrecipient. Subrecipients must comply with the same payment requirement as the recipient and must comply with the requirements specified in the recipient's subaward agreement. • The recipient shall follow regulations found in 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards and the FEMA/State/Tribe Agreement in effect for the subject Disaster Declaration. • The Federal Funding Accountability and Transparency Act of 2006 (2 CFR Part 170) requires recipients to report certain information about themselves and their first-tier Subrecipients for each Federal award of $25,000 or more awarded on or after October 1, 2010. • The recipient must obtain prior approval from Region 10 before implementing changes to the approved project Scope of Work. FEMA must approve, in advance, a change in the Scope of Work regardless of the budget implications. Transfer of funds between total direct cost categories in the approved budget shall receive the prior approval of FEMA when such cumulative transfers among those direct cost categories exceed ten percent of the total budget. The recipient must fully document cost overrun requests; the project must remain cost-effective, and funds must be available within the HMGP ceiling for said disaster. • The recipient must notify their assigned Regional Hazard Mitigation Assistance Specialist as soon as significant developments become known, such as delays or adverse conditions, that might raise costs or delay completion, or favorable conditions allowing earlier completion or substantially lower cost (for reallocation of funding). • The recipient shall submit the Federal Financial Report (SF -425) to Region 10 Grant Programs Division within 30 days of the end of the first Federal quarter following the Award Letter. The recipient shall submit quarterly Federal Financial :Reports thereafter until the grant ends. Reports are due on January 30, April 30, July 30, and October 30. The recipient must submit a report for every quarter of the period of performance, including partial calendar quarters, as well as for periods where no grant activity occurs. Future awards and fund drawdowns withholdings may occur if these reports are delinquent. • The recipient shall submit Quarterly Performance Reports in Excel format to the Regional Hazard Mitigation Assistant Specialist within 30 days of the end of each quarter. The Recipient shall submit Quarterly Performance Reports thereafter until the grant ends, Reports are due on Resolution No. FY2024-20 Authorizing The Manager To Accept The Alaska Di... Page 124 of 150 AGENDA ITEM #14.6.2. Mr. Fisher November 15, 2023 Page 4 January 30, April 30, July 30, and October 30. Quarterly Performance Reports shall report the name, completion status, quarterly expenditures, and payment -to -date of each approved activity/subaward award under the Grant Award. • Unless otherwise approved by Region 10, the recipient must submit a closeout package with all financial, performance, and other reports and required documentation within 180 days after Subrecipient's notice of completion of the project, or expiration or termination of the project/sub-grant. The recipient must submit closeout documentation within the quarter following payment of the final reimbursement to the Subrecipient. • For closeout of this project, the Governor's Authorized Representative or Tribal Authorized Representative shall send a letter of request to the Region 10 Mitigation Division Director, to close the project programmatically and financially. The letter will include the following: 1. the date work on the project was fully completed, or for planning subawards, the date and copy of FEMA approval of the new or updated plan, 2, the date and a copy of the recipient's final site inspection for the project, 3. the final total project cost and Federal share, any cost underrun, or overrun, including a Final Cost Line Item budget, to enable any closeout deobligation or obligation of additional funds in National Emergency Management Information System, 4. certification that reported costs were incurred in the performance of eligible work, and that the approved work was completed, or if not, an explanation as to the final status of the project and why the project was not completed, 5, confirmation that the mitigation measure is in compliance with the provisions of the FEMA/State Agreement and this approval letter, 6, a memo from the Subreeipient addressing how each required environmental and special programmatic condition was met (including attachment of any required documentation such as any permits required to implement the project), 7. submittal of all required documentation relative to the specific project type, e.g. acquisition/demolition, or elevation, including all necessary data to close the project in the Property Site Inventory in FEMA's Hazard Mitigation Assistance grant systems. • By acceptance of this subaward the recipient and Subrecipient agree to abide by all laws and regulations required under the HMGP as outlined in 44 CFR 206.432 --,440, 44 CFR 80, 44 CFR 201, the Grants Management requirements contained in 2 CFR 200, and all applicable Federal, State, Tribal, or Local laws. Resolution No. FY2024-20 Authorizing The Manager To Accept The Alaska Di... Page 125 of 150 AGENDA ITEM #14.6.2. 1111512023 FEDERAL EMERGENCY MANAGEMENT AGENCY HMGP-OB-01 2;32 PM HAZARD MITIGATION GRANT PROGRAM Obligation Disaster FEMA Amendment State Action Supplemental No Project No No Application ID No No State Recipient 4585 5 •R 0 5 1 0 AK Stalevrlde Subrecipient; Kodiak Island (Borough) Project Title: Kodiak Is.Borough Adv. Assistance H&H (KIB) Subrecipient FIPS Code: 150-99150 Total Amount Total Amount Total Amount Total Amount Available Previously Allocated Previously Obligated Pending Obligation for New Obligation $89,586,00 $89,586,00 $0.00 $0,00 Subreolplent Management ProjectAmount post Amount Total Obligation IFMISDate IFMISStatus FY $89,585.0 $4,975.0 $94,561.00 11/1512023 'Accept 2024 Comments Date: 11/15f2023 User Id: MSTEWAIO Comment: DR -4585 -AK is a 90 % federal 110 % non-federal cost share HMGP; management costs are 100% federal Date: 1111412023 Usor Id: EFIERTZ Comment: DR -4585 -AK -05 -AA, Kodiak Island Borough, Advanced Assistance, H&H Study, Total Project Cost $99,540, fed share 90% or $89,5 plus management costs of $4,975 for total Federal Obligation of $94,561 Authorization Preparer Name; ELIZABETH FIERTZ Preparation Date: 11/15/2023 HMO Authorization Name; MARK STEWART HMO Authorization Date; 11/15/2023 Page 1 of 1 Resolution No. FY2024-20 Authorizing The Manager To Accept The Alaska Di... Page 126 of 150 AGENDA ITEM #14.6.2. 0211612023 FEDERAL EMERGENCY MANAGEMENT AGENCY REC-01 19:15:31 RECORD OF ENVIRONMENTAL CONSIDERATION (REC) Project HMGP-4565-0005-AK (R)(AA)(1) Title: Advance Assistance - Kodiak Island Borough Hydrology Study NEPA DETERMINATION Non Compliant Flag: No EA Draft Date; EA Final Date: EA Public Notice Datm EA Fonsl level: CATEX EIS Notice of Intent EIS ROD Date: Comment Kodiak Island Borough. Kodiak Island Borough, AK. This proposed Advanced Assistance grant project Is to conduct a hydrological study on Sargent Creek (57.709272, -152.568902) and Russian Creek (57,706349,-152,571434). Various Information gathering, data analysis, Information review, and dissemination actions will he performed. The final dellverabies will Include a report to summarize Investigations and flood mitigation recommendations. Further evaluation and project review will be required should this study result in additional grant applications that are selected for funding In subsequent grant rounds or as follow-on projects from this Advanced Assistance work. This review Is for project planning and studies only, no construction is approved, - jwltt - 0211612023 18:03:06 GMT CATEX CATEGORIES Catex Category Code Description Selected a4 04) Information gathering, data analysis and processing, Information Yes dissemination, review, interpretation, and development of documents. If any of these activities result In proposals for further action, those proposals must be covered by an appropriate CATER. Examples include but are not limited to: (a) Document mailings, publication and distribution, training and Information programs, historical and cultural demonstrations, and public affairs actions. (b) Studies, reports, proposals, analyses, literature reviews; computer modeling; and non -intrusive intelligence gathering activities. a7 (a7) The commitment of resources, personnel, and funding to conduct audits, Yes surveys, and data collection of a minimally intrusive nature. If any of these commitments result In proposals for further action, those proposals must be covered by an appropriate CATEX. Examples Include, but are not limited to: (a) Activities designed to support the Improvement or upgrade management of natural resources, such as surveys for threatened and endangered species, wildlife and wildlife habitat, historic properties, and archeological all welland delineations; timber stand examination; minimal water, air, waste, material and soil sampling; audits, photography, and interpretation. (b) Minimally -Intrusive geological, geophysical, and goo -technical activities, including mapping and engineering surveys. (c) Conducting Facility Audits, Environmental $.te Assossments and Environmental Baseline Surveys, and (d) Vulnerability, risk, and structural Integrity assessments of Infrastructure. EXTRAORDINARY Extraordinary Circumstance Code ENVIRONMENTAL LAW 1 EXECUTIVE ORDER NOTE: All times are GMT using a 24-hour clock. Description No Extraordinary Circumstances were selected Selected 7 Page 1 of 4 Resolution No. FY2024-20 Authorizing The Manager To Accept The Alaska Di... Page 127 of 150 AGENDA ITEM #14.6.2. 02/16/2023 FEDERAL EMERGENCY MANAGEMENT AGENCY REC-01 19:15:31 RECORD OF ENVIRONMENTAL CONSIDERATION (REC) Project HMOP-4585-0005-AK (R)(AA)(1) Title: Advance Asslstance - Kodiak Island Borough Hydrology Study Environmental Law/ Executive Order status Description Comment Clean Air Act (CAA) Completed Project will not result In permanent air emissions - Review concluded Clean Water Act (CWA) Completed Project would not affect any water of the U.S. No Impacts to Waters of the US (WOUS) are - Review concluded anticipated during the proposed information gathering, data analysis, or Information review and disaaminatlon actions. Should Kodiak Island Borough apply for and receive funding for future projects associated with this Advanced Assistance grant; those future proposed actions will require further review coordination with appropriate permitting agencies. - jwitl - 02/18/2023 18:06:02 GMT Executive Order 11968 - Completed No effect on floodplainlFlood levels and No Impacts to Floodplain are anticipated during Floodplalns project outside floodplain - Review concluded the Information gathering, data analysis, or Information review and dissemination actions, Should Kodiak Island Borough apply for and be selected for funding for future projects associated with this Advanced Assistance grant; those actions will require further evaluation for flood hazard or floodplain impacts. - jwltt - 02116/2023 18:10:33 GMT Executive Order 11990 - Completed No effects on wetlands and project outside Wetlands wetlands - Review concluded No Impaota to wetlands are anticipated during the Information gathering, data analysis, or information review and dissemination actions, Should Kodlak Island Borough apply for and be selected for funding for future projects associated With this Advanced Assistance grant; those aotlgns wllf require further evaluation to determine wetland Impacts and permitting needs. Per review of the USFWS National Wetlands Inventory (NWI) mapper, accessed 02/1512023, It Is likely any future projects will overlap with wetlands. - jwitt - 0211 6120 2 3 18;13:18 GMT Executive Order 12898 - Completed Low Income or minority population in or near Kodiak Island Borough and surrounding area has Environmental Justice for Low project area minority and low Income populations, Planned Income and Minority Populatlons Improvements to the community are expected to benefit all residents, Should Kodiak Island Borough apply for and be selected for funding for future projects associated with this Advanced Assistance grant; those actions may require additional evaluation to determine minority and low Income population impacts. - jwitt - 02/16/2023 18:14:19 GMT Completed No disproportionately high and adverse Impact on low income or minority population - Review concluded NOTE: All times are GMT using a 24-hour clock. Page 2 of 4 Resolution No. FY2024-20 Authorizing The Manager To Accept The Alaska Di... Page 128 of 150 AGENDA ITEM #14.6.2. 02116/2023 FEDERAL EMERGENCY MANAGEMENT AGENCY REG -D1 19:15:31 RECORD OF ENVIRONMENTAL CONSIDERATION (REC) Project HMGP-4585-0005.AK (R)(AA)(1) Title: Advance Assistance . Kodiak Island Borough Hydrology Study Environmental Law/ Project not located In or near Essential Fish No Impacts to EFH are anticipated during the Executive Order Status Description Comment Endangered Species Act (ESA) Completed No listed species and/or designated critical No Impacts to ESA-Ilsted species are anticipated habitat present in areas affected directly or during the proposed Informatlon gathering, data Indirectly by the federal action - Review analysis, or Information review and concluded dissemination actions, Should Kodiak Island Borough apply for and be selected for funding for future projects associated with this Advanced Assistance; those future proposed actions will National Historic Preservation Act Completed need further review to determine Impacts to ESA (NHPA) -listed species. - jwitt - 02116/2023 16:05:22 GMT Farmland Protection Policy Act Completed Project does not affect designated prime or (FPPA) unique farmland - Review concluded Migratory Bird Traaty Aot (MI3TA) Completed Project located within a flyway zone No impacts to migratory birds are anticipated during the proposed information gathering, data analysis, or Information review and dissemination actions. Should Kodiak Island Borough apply for and be selected for funding for future projects associated with this Advanced Assistance grant; those future proposed actions will require further review to determine Impacts to migratory birds. - Jwitt - 02/1612023 18:08:67 GMT Completed Project does not have potential to take migratory birds - Review concluded Magnuson -Stevens Fishery Completed Project not located In or near Essential Fish No Impacts to EFH are anticipated during the Conservation and Management Habitat - Review concluded proposed Information gathering, data analysis, or Act (MSA) Information review and dissemination actions, Should Kodiak Island Borough apply for and be selected for funding for future projects associated with this project scoping; those future proposed actions will need further review to determine Impacts to FFH. -jwitt - 0211612023 18;09:14 GMT National Historic Preservation Act Completed Not type of activity with potential to affect This Advanced Assistance grant has no potential (NHPA) historic properties - Review concluded<lbr> to affect undertakings per Appendix C.7. of the PA. No Impacts to cultural resource are anticipated during the proposed Information gathering, data analysis, or information review and dissemination actions. Should Kodiak Island Borough apply for and be selected for funding for future projects associated with this Advanced Assletance grant; those future proposed actions will require further review to determine impacts to cultural resources. - Jwitt - 02/1612023 18:04:56 GMT Wild and Scenic Rivers Act Completed Project Is not along and does not affect Wild (WSR) and Scenic River - Review concluded NOTE: All times are GMT using a 24-hour clock. Page 3 of 4 Resolution No. FY2024-20 Authorizing The Manager To Accept The Alaska Di... Page 129 of 150 AGENDA ITEM #14.6.2. 0211612023 FEDERAL EMERGENCY MANAGEMENT AGENCY REC-01 19:15:31 RECORD OF ENVIRONMENTAL. CONSIDERATION (REC) Project HMGP-4585.0005-AK (R)(AA)(1) Title: Advance Assistance - Kodiak Island Borough Hydrology Study CONDITIONS Standard Conditional Any change to the approved scope of work will require re-evaluation for compliance with NEPA and other Laws and Executive Orders. This review does not address all federal, state and local requirements. Acceptance of federal funding requires recipient to comply with all federal, state and local laws. Failure to obtain all appropriate federal, state and local environmental permits and clearances may jeopardlze federal funding. It ground disturbing activities occur during construction, applicant will monitor ground dlsturbancs and If any potential archeological resources are dlsooversd, will Immediately cease construction In that area and notify the State and FBMA, NOTE: All times are GMT using a 24-hour clock. Page 4 of 4 Resolution No. FY2024-20 Authorizing The Manager To Accept The Alaska Di... Page 130 of 150 AGENDA ITEM #14.C.1. KODIAK ISLAND BOROUGH STAFF REPORT APRIL 4, 2024 4 ' �s ASSEMBLY REGULAR MEETING SUBJECT: Ordinance No. FY2024-18 Adopting Changes To The Non -Bargaining Covered Positions Salary Schedules To Match The Bargaining Unit Positions Salary Schedule Changes Approved With The Collective Bargaining Agreement, Contract No. FY2024-06 ORIGINATOR: Dora Cross, Finance Director RECOMMENDATION: Move to advance Ordinance No. FY2024-18 to public hearing at the next regular meeting of the Assembly. DISCUSSION: The Kodiak Island Borough has two salary schedules that cover all regular and temporary employees (excluding contract employees); one for bargaining unit covered positions and one for non -bargaining covered positions. On August 6, 2023, the Collective Bargaining Agreement with the International Brotherhood of Electrical Workers #1547 (Contract No. FY2024-06) approved a 2.0% pay increase effective July 1, 2024, and another 2% pay increase effective July 1, 2025 for all bargaining unit covered positions. This ordinance updates the non -bargaining covered position's salary schedules to match the annual pay increases the bargaining covered positions receive, thereby promoting equitable compensation treatment between the Borough's two employee groups. ALTERNATIVES: FISCAL IMPACT: No impact, this is already built into the FY2025 Budget. OTHER INFORMATION: Kodiak Island Borough Ordinance No. FY2024-18 Adopting Changes To The Non -Bargaining Covered P... Page 131 of 150 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 AGENDA ITEM #14. C.1. KODIAK ISLAND BOROUGH ORDINANCE NO. FY2024-18 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH ADOPTING CHANGES TO THE NON -BARGAINING COVERED POSITIONS SALARY SCHEDULES TO MATCH THE BARGAINING UNIT POSITIONS SALARY SCHEDULE CHANGES APPROVED WITH THE COLLECTIVE BARGANING AGREEMENT (CONTRACT NO. FY2024-06) WHEREAS, the Kodiak Island Borough has two salary schedules that cover all regular and temporary employees (excluding contract employees); one for bargaining covered positions and one for non -bargaining covered positions; and WHEREAS, the bargaining unit employees salary changes are governed by the Collective Bargaining Agreement with the International Brotherhood Of Electrical Workers #1547 (Contract No. FY2024-06) which approved a 2.0% increase effective July 1, 2024, and another 2% increase effective July 1, 2025, for all bargaining unit covered positions; and WHEREAS, to promote equitable treatment between the two employee groups, the attached non -bargaining covered position's salary schedules in Exhibit A contain the same 2% increase effective July 1, 2024, and another 2% increase effective July 1, 2025, as contained in the Collective Bargaining Agreement. 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 current non -bargaining covered salary schedules are hereby amended to reflect the salary schedules set forth in Exhibit A, attached herein, which are adopted by reference, and prior versions of the schedules are hereby replaced. Effective Date: This ordinance shall be effective as of July 1, 2024. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2024 KODIAK ISLAND BOROUGH Scott Arndt, Mayor Ordinance No. FY2024-18 ATTEST: Nova M. Javier, MMC, Borough Clerk Page 1 of 2 Ordinance No. FY2024-18 Adopting Changes To The Non -Bargaining Covered P... Page 132 of 150 AGENDA ITEM #14.C.1. 45 Introduced by: Manager 46 First reading: 47 Second reading/public hearing: 48 49 VOTES: 50 Ayes: 51 Noes: Ordinance No. FY2024-18 Page 2 of 2 Ordinance No. FY2024-18 Adopting Changes To The Non -Bargaining Covered P... Page 133 of 150 Kodiak Island Borough Salary Schedule for Non -Bargaining Unit Positions Effective 7/01/2024 Changes Proposed by Ordinance FY2024-18 44M New A A 44M New B B 44M New 6 C 91d New B D 44M New E E 44M New 914 F F 6 All Annual 37-;989 38,749 39,3-18 40,104 48695 41,509 42-,-113 42,960 43;533 44,465 451-18 46,020 46,393 Hourly -18.2638 18.6291 .9 19.2810 19.S646 19.9559 .4-9. 20.6544 .i 21.3773 .6 22.1254 2.1508 Al2 Annual 13,688 44,562 45,E 46,121 16,799 47,735 18437 49,406 50,133 51,136 5-1,888 52,926 53,703 Hourly 21.0036 21.4237 2-1.7387 22.1735 22..4996 22.94% 23.287i 23.7528 N4022 24.5842 24-.-9457 25.4446 25-:8iM A13 Annual 18,096 49,017 49,738 50,733 sl,q79 52,509 S3,281 54,347 53-}46 56,249 57;076 58,218 59,044 Hourly 23-1040 23.5661 23.9126 24.3909 24:7495 25.2445 25.6458 26.1281 26:3123 27.0425 27.4403 27.9891 23-4067 B21 Annual 59,459 51,468 52,225 53,270 54;953 55,134 53946 57,065 57,963 59,061 59,936 61,129 62,027 Hourly 21�2592 24.7444 zit 25.6104 2S.980 26.5067 26.8966 27.4345 27..8380 28.3948 28-812-2 29.3884 B22 Annual S2,982 54,042 54,836 55,933 S635S 57,890 58342 59,917 69,798 62,014 62;,926 64,185 65,429 Hourly 25.47721 25.9815 26..3636 26.8909 27...2861 27.8321 .4 28.8062 .0 29.8144 .9 30.8580 T,- -.,W7 B23 Annual 55631 56,744 ;7,,77 58,729 593-32 60,784 61,678 62,912 63-,837 65,114 66;072 67,393 69,384 Hourly 26.7454 27.2803 2,.6915 28.2351 286503 29.2233 29.6S31 30.2462 3039-10 31.3048 31.76S2 32.4005 32.8769 1324/131 Annual 58,412 59,580 66457 61,666 62;572 63,823 64,763 66,058 64,029 68,370 69375 70,763 71;863 Hourly 23-6826 28.6443 29.0696 29.6469 30.0828 30.6845 3iA358 31.7585 32.?295 32.8700 333-534 34.0205 343208 B25/B32 Annual 61;3-33 62,560 63,179 64,749 6530-1 67,015 6560-1 69,361 70,384 71,789 72;845 74,302 75394 Hourly 29,4870 30.0767 30:-51-94 31.1295 3-1--8842 32.2189 32.6928 33.3467 33.3376 34.5137 3S.0213 35.7217 36.2171 C41 Annual 61,490 65,688 66654 67,987 68;987 70,367 71492 72,830 73;906 75,378 76,48-7 78,017 79;164 Hourly 36-96-16 31.5808 32.04S2 32.6861 moor 33.8300 31.3276 35.0142 35.S294 36.2397 36.:7726 37.5081 33:9596 C42 Annual 6'7,619 68,971 69,986 71,386 72;436 73,885 74,974 76,470 74395 79,147 30,314 81,917 83;421 Kodiak Island Borough Salary Schedule for Non -Bargaining Unit Positions Effective 7/01/2024 Changes Proposed by Ordinance FY2024-18 New G 944 New 44 H 44W New I I 441d New f J 4344 New K K Old New 1 L 44M New A4 M All Annual 47,632 48,332 49,299 30;024 51,024 5-1-775 52,811 b3,586 54,658 55;462 56,571 57,493 58,551 Hourly 22.8998 .S 23.7012 2i.W» 24.5309 21.x-16 25.3894 29.7629 26.2781 26.661. 27.1978 27.997:7 28.1497 .Al2 Annual 54,777 35;583 56,695 54328 58,679 59,341 60,732 61,626 62,859 63,783 65,059 66;01S 67,335 Hourly 26.3352 2�-7229 27.2570 2-7.6378 28.2110 28-.6298 29.1983 29.62:77 30.2203 30.661 31.2780 31.7380 32.3728 A13 Annual 60,255 61,1-41 62,364 63,280 64,546 69,195 66,805 67,788 69,144 40,,464 71,564 9-2-;6-16 74,068 Hourly 28.9687 59:3947 29.9826 30.4235 31.0320 31-:4883 32.1181 32,3904 33.2422 33.731 34.4056 34.9116 35.6098 B21 Annual 63,268 64,198 65,482 66345 67,774 68,770 70,145 4H-77 72,601 43;668 75,141 46,247 77,772 Hourly 30.4171 39.8644 31.4817 AH.9i4 32.5836 33.062r 33.7240 34- 499 34.9043 35.1176 36.1260 36.6573 37.3904 B22 Annual 66,432 67;408 68,756 69368 71,163 ;E2,299 73,653 4433-7 76,232 4'7,353 78,900 80,960 81,661 Hourly 31.9379 32.1076 33.0558 .9i P 34.2127 .9 35.4102 .0 36.6496 3,7A889 37.9323 .2 39.2600 B23 Annual 69,752 40,,777 72,193 73335 74,720 75;8-18 77,334 78,172 80,041 8-1,2-19 82,843 84,061 85,742 Hourly 33.5344 34:0276 34.7082 33.2486 35.9230 36:4513 37.1803 37...7271 38.4816 39,0475 39.8285 40.1142 41.2225 1324/1331 Annual 73,239 74,317 75,803 76;9-1=7 78,455 79,6-10 81,202 82,396 84,044 85,80 86,986 88,264 90,029 Hourly 35.2112 39.7290 36.4436 369795 37.7191 35.-738 39.0393 39.6434 40.4057 49-9999 41.8199 12.1348 43.2835 B25/B32 Annual 76,902 78,932 79,593 80,761 82,379 83;591 85,263 8631-6 88,246 89,544 91,335 92,678 94,532 Hourly 36.9720 37.59-57 38.2660 38.8287 39.6053 40 577 40.9915 41.5943 42.4262 4-3&591 43.9111 44.SS69 45.4480 C41 Annual 80,747 84,934 83,573 84;502 86,498 8'73-71 89,526 90,843 92,660 94-;022 95,902 97,3-12 99,258 Hourly 38.8208 39.3947 40.1795 40 -.7 -.OT" 41.5858 i2. . -.,T 43.0413 non3 44.5478 �9 46.1070 464850 47.7207 C42 Annual 84,783 86,939 87,751 89642 90,823 92,-1-58 94,001 95;383 97,291 98 22 100,696 104,221 Kodiak Island Borough Salary Schedule for Non -Bargaining Unit Positions Effective 7/01/2024 Changes Proposed by Ordinance FY2024-18 44M New A A 44M New B B 44M New 6 C 91d New B D 44M New E E 44M New 914 F F 6 Hourly 32.9093 33.1595 33.6172 34.3201 31.8210 35.5213 .. 36.7646 37.3052 38.0513 38.6109 39.3831 .3 C43 Annual 7-1-;OOl 72,421 73,-48S 74,955 46;OS7 77,578 78,719 80,293 81,174 83,103 54,32-7 86,014 87,,2-78 Hourly 34-1349 34.8176 35.3396 36.0362 36.5664 37.2974 37-8459 38.6028 384795 39.9539 493415 41.3523 41--9604 C44/C51 Annual 71,Sb9 76,041 7'7;-169 78,703 79,.869 81,457 52-;655 84,308 85,549 87,260 88,913 90,314 94-;641 Hourly 353416 36.5584 37:9969 37.8379 35-3943 39.1622 39.7381 40.5329 41.1-289 41.9515 42-.3685 43.4199 44A584 C45/C52 Annual #iS9 76,041 77,169 78,703 79;869 81,457 54-;655 84,308 85;549 87,260 88,343 90,314 91-;641 Hourly 35.8146 36.5584 34-9969 37.8379 383943 39.1622 39:7381 40.5329 4F.-1-259 41.9515 42,3685 43.4199 44&S84 D61 Annual 82,492 83,836 8S,969 86,770 88,916 89,807 94,428 92,951 94;317 96,203 99-;618 99,570 404,944 Hourly 39.S450 40.3056 io.8983 41.7163 42.3298 43.1764 n-8441 44.6876 �0 46.2517 46.9348 47.8704 i0--+ D62 Annual 86,302 88,028 893.23 91,109 992,419 94,298 99,685 97,599 99;033 101,014 102,900 104,550 106,088 Hourly ii..�-9is 42.3213 12.9137 43.8026 11.7 45.3356 16.3 46.9223 .1 48.5646 m-700 50.2644 T,-0000 D63 Annual 90,616 92,428 93,789 95,665 97,071 99,012 190,468 102,477 103,981 106,064 107,62i 109,776 1-11,3, 91 Hourly 433657 44.4370 45990S 45.9923 46:6687 47.6021 48302-1 49.2681 49.9926 50.9925 51 4 52.7772 533-534 E81 Annual 9� 97,050 98;477 100,447 191;924 103,962 105,191 107,601 199;1-83 111,367 -1-13;004 115,264 -1-16;969 Hourly 45.7438 46.6587 473448 48.2917 49 9}9 49.9819 593-1-69 51.7312 52..-0-940 53.5418 54:34-92 55.4158 563308 E82 Annual 99;906 101,904 193-;492 105,470 407,924 109,161 -1-19368 112,983 1-14,644 116,937 1-18,656 121,029 122,809 Hourly 4833-15 48.9921 493-126 50.7069 51AS26 52.4817 533-535 54.3186 55-H73 56.2196 576464 58.1873 59.0431 E83 Annual 194,909 106,998 198,574 110,742 114,619 116,305 118,631 129,375 122,783 127,080 428,949 Hourly S9.432T 51.4414 52...49-90 53.2418 5i.02i7 55.1052 S5.9456 57.0339 �6 59.0301 59.8984 61.0961 6,-9916 Kodiak Island Borough Salary Schedule for Non -Bargaining Unit Positions Effective 7/01/2024 Changes Proposed by Ordinance FY2024-18 New G 944 New 44 H 44W New I I AM New f J 44M New K K Old New 4: L AM New A4 M Hourly 40.7615 i- i.3609 42.1881 12-�0 43.6648 4i.3069 45.1930 19.x70 46.7748 T7-.�20 48.4119 .�7 50.1062 C43 Annual 89,024 80,332 92,139 93;494 95,364 96,766 98,701 102,157 1()3,6sg 105,732 109,433 Hourly 42.7996 43.1290 44.2976 4i .919 45.8480 46.52-23 47.4527 45-1506 49.1136 49:8359 50.8326 5!.5802 52.6118 C44/C51 Annual 93,474 94;849 96,746 98,4-68 100,131 901,604 103,636 405,164 107,264 408;842 111,019 142,654 114,904 Hourly 44.9396 45-:6994 46.5124 17.1964 48.1403 48.8483 49.8253 59:-5580 51.5692 5-2,3276 53.3742 S i A s94 55.2423 C45/C52 Annual 93,474 94;849 %,746 98;468 100,131 101-;604 103,636 105,161 107,264 908;842 111,019 11-2,634 114,904 Hourly 44.9396 45-:6994 46.5124 47,1964 48.1403 48:8483 49.8253 50:3580 51.5692 53,3276 53.3742 343-591 55.2423 D61 Annual 103,055 106,662 198,231 110,396 442,919 114,259 -1-15;940 118,259 -1-19998 122,398 126,681 Hourly 49.5459 59.27is 51.2800 S2.9341 53.0748 S3.85S3 54.9324 �3 56.8551 S:7.6942 58.8450 S9.449S 60.9047 D62 Annual 108,210 -409,800 111,996 113,614 115,917 41:7,621 119,973 124,738 124,173 129,999 128,519 133,017 Hourly 52.0237 5.7887 53.8445 .3 55.7290 .6 57.6796 SSA279 59.6984 60-5763 61.7878 .S 63.9504 D63 Annual 113,619 11S,290 117,596 119,321 121,710 -123;501 125,971 127,821 130,380 132,298 134,944 -136,928 139,667 Hourly 54.6245 554278 56.5364 37,3677 58.5151 393756 60.5631 61.4338 62.6829 63-:6046 64.8767 65-.8308 67.1474 E81 Annual 119,299 -1-23-,054 123,475 -123,299 127,796 429,676 132,270 434,245 136,899 438,9-12 141,690 443,771 146,649 Hourly 57.3554 58-1989 59.3629 693358 61.4405 62,3444 63.5910 643361 65.8166 66.7845 68.1202 69.1220 70.5044 E82 Annual 125,265 127,108 129,650 93-1,557 134,188 436,1-61 138,884 940,936 143,745 -445,859 148,776 459,964 153,983 Hourly 60.2240 61.4096 62.3318 63-3483 64.5133 65.1620 66.7712 67.7S32 69.1083 90-4246 71.5271 72.5789 74.0305 E83 Annual 131,528 434,162 136,131 138,133 140,896 142,968 145,827 44'7,942 150,931 153,151 156,214 158,511 161,681 Hourly 63.2345 64-1644 65.4477 66-4492 67.7384 68-�-316 70.1093 -7T-4�2 72.5630 73.6392 75.1028 46.2072 77.7313 O iz em New A A Kodiak Island Borough Salary Schedule for Non -Bargaining Unit Positions Effective 7/01/2025 Changes Proposed by Ordinance FY2024-18 44M New 44H New 914 New 9M B B E C B D E New E 44H New 44M F F G All Annual 38,449 39,524 49,104 40,906 41,599 42,339 42,969 43,820 44461 45,354 46,920 46,941 49;532 Hourly 48.6294 19.0017 49.2840 19.6666 49:9559 20.3550 20.6544 21.0675 3-1.37-73 21.8048 22.4234 22.5679 2-2-.5998 Al2 Annual 44362 45,453 46,1-24 47,044 47 35 48,690 19,106 50,394 51436 52,158 52,926 53,984 54,7-'7 Hourly 2-,--123 21.8521 22-..i73S 22.6169 22--16 23.4086 23.7s28 24.2279 24.s8i2 25.0759 zoo 25.9535 26.3352 A13 Annual 49,047 49,997 59,733 51,747 5 509 53,559 54447 55,434 56,2149 57,374 582-1-8 59,382 60,255 Hourly .1 24.0374 21.3909 24.8787 .14S 25.7494 .1 26.6507 27.0125 27.5834 27.9891 28.5489 .7 B21 Annual 54;468 52,498 S3,270 54,335 51,134 56,237 54,965 58,206 59,061 60,242 61,129 62,351 63;268 Hourly 244444 25.2393 2-5-:6404 26.1226 26 967 27.0369 4-7-4345 27.9832 28.3948 28.9627 29,3884 29.9762 39:4-1-74 B22 Annual 54;042 55,122 55;933 57,051 57F399 59,048 S9,94 61,115 62,014 63,254 64,-185 65,468 66,132 Hourly 25:9845 26.5012 26:8999 27.4287 2-7.8324 28.3888 28-:8962 29.3824 2-9.8444 30.4107 395580 31.4751 31.9349 B23 Annual S6,744 57,878 58,729 59,903 60,784 62,000 62;942 64,170 65,444 66,416 67;393 68,741 69,752 Hourly 2-7-2803 27.8259 28.23S4 28.7998 29.22-33 29.8078 30.2462 30.8511 31-3048 31.9309 32.4905 33.0485 33-5344 1324/1331 Annual 59S80 60,772 61,666 62,899 63823 65,100 66$58 67,379 68,370 69,737 70,763 72,178 43,239 Hourly 28-0143 29.2171 2.6469 30.2399 396845 31.2981 3i...7s8s 32.3937 3�9 33.5274 3i.0295 34.7009 3S.2442 1125/1132 Annual 63-560 63,811 64,749 66,044 67;945 68,355 69,361 70,748 71,789 73,224 74,302 75,788 76,902 Hourly 30..076 30.6783 31...1295 31.7521 32..2189 32.8633 33..316 34.0136 M-SW7 35.2040 3.7217 36.4362 36.9720 C41 Annual 69,688 67,002 67,987 69,347 70,367 71,774 42,839 74,287 7;,378 76,886 48,017 79,577 80,717 Hourly 31-8808 32.2124 32.6861 33.3398 33-.8300 34.5066 35.0412 35.7144 36.2397 36.9645 343981 38.2582 38.8208 CD C42 Annual 68,971 70,351 71,386 72,813 73,885 75,362 76,479 78,000 79,447 80,730 84-947 83,556 84,783 O O iz New G 44H New 44 H Kodiak Island Borough Salary Schedule for Non -Bargaining Unit Positions Effective 7/01/2025 Changes Proposed by Ordinance FY2024-18 Gm New 44M New 9m 1 I J J K New K 9M New 1: L 44M New m M All Annual 48,585 49,299 50,285 51,024 52,045 52,811 53,867 54;618 55,751 56,541 57,703 58-;554 59,722 Hourly 23.3578 23.4042 24.1753 24-5309 25.0215 3-5.3894 25.8972 26.2484 26.8036 3-4-1978 27.7417 28.1-494 28.7126 Al2 Annual 55,873 56395 57,829 58,379 59,852 60,432 61,946 62359 64,116 65,059 66,360 64,33S 68,682 Hourly 26.8619 27..2-s,9 27.8021 28,n-49 28.7752 294983 29.7823 39.2293 30.8247 3,-.2-E8 31.9036 32.37-20 33.0202 A13 Annual 61,461 62,364 63,611 64,346 65,837 66;895 68,141 69,141 70,527 :- 4,SM 72,996 44;068 75,550 Hourly 29.5481 .6 30.5822 3-1-03-2 31.6526 3-..1184 32.7604 .2 33.9071 34-:4OS6 35.0937 3-.�0 36.3220 B21 Annual 64,533 65,182 66,792 67,774 69,129 70;145 71,548 72,601 74,053 751-11 76,644 77,772 79,327 Hourly 31.0255 31.1817 32.1113 32.5836 33.2353 33.!7-240 34.3984 34.9043 35.6024 36.1-269 36.8485 37.390i 38.1383 B22 Annual 67,760 68,7S6 70,131 71,163 72,587 73,,653 75,126 46,232 77,756 48-;900 80,478 81,664 83,294 Hourly 32.5767 33.09S8 33.7169 34.E 34.8970 354-}92 36.1184 36.6196 37.3826 3:7.9323 38.6909 39..2690 40.0452 B23 Annual 71,147 72193 73,636 74;720 76,215 44,334 78,881 80;044 81,642 82;843 84,500 85,4-2 87,457 Hourly 34.2051 343082 35.4023 35:9239 36.6414 34.1893 37.9239 38.4846 39.2513 39:5283 40.6250 44.2223 42.0469 1324/1331 Annual 74,704 45;503 77,319 783-55 80,024 8� 82,826 84;044 85,725 86,986 88,725 90,029 91,830 Hourly 35.9154 oomo 37.1725 3,-.7-,9r 38.4735 39.933 39.8201 +P. i 957 41.2138 41.849 42.6563 43.2833 44.1492 1325/1332 Annual 78,440 79393 81,184 82,379 84,027 8S263 86,968 88,216 90,011 94335 93,162 94,532 96,422 Hourly 37.7115 38.2660 39.0313 39-:3333 40.3974 .3 41.8113 n-.�2 43.2747 43.9111 44.7893 i 9. i i 80 46.3570 C41 Annual 82,362 83,573 85,244 86,,198 88,228 89,326 91,317 92,660 94,513 95,102 97,820 99,298 101,243 Hourly 39.5972 40-1795 40.9831 41.5858 42.4175 43.0413 43.9022 44347g 45.4387 46-1979 47.0291 47.7207 48.6751 CD C42 Annual 86,479 87 51 89,506 90,823 92,639 94,091 95,881 97,291 99,236 180,-696 102,710 104,241 106,305 O O iz 9m New A A Kodiak Island Borough Salary Schedule for Non -Bargaining Unit Positions Effective 7/01/2025 Changes Proposed by Ordinance FY2024-18 44M New 44H New 44M New 9M B B E C 9 D E New E 44H New 44M F F G Hourly 33AS9S 33.8227 34:3494 35.0065 35:5243 36.2317 36.7646 37.4999 38.05-1-3 38.8123 39.3834 40.1708 40.761 S C43 Annual 92-;424 73,869 441355 76,454 ;7,-S78 79,130 80,293 81,899 83,403 84,766 86,014 87,734 59;024 Hourly 34-81-46 35.5139 36-9362 36.7569 37.2974 38.0434 38:6928 39.3749 39.9539 40.7530 41.452-3 42.1794 42-4996 C44/C51 Annual 46,044 77,562 78,703 80,277 84,457 83,086 84,398 85,994 87,269 89,005 90,344 92,120 93;494 Hourly 36.S 8! 37.2896 �9 38.5947 39.4622 39.9454 4G.S329 41.3435 �S 42.7905 �9 44.2883 �6 C45/C52 Annual 76,044 77,562 78393 80,277 81;4-57 83,086 84,308 85,994 97,260 89,005 90,34 4 92,120 93,474 Hourly 36-5584 37.2896 37.8379 38.5947 39:4622 39.9454 .9 41.3435 4i.9s-iS 42.7905 43:41-99 44.2883 44.1396 D61 Annual 83,836 85,513 86,770 88,506 89,597 91,603 92,151 94,810 96,203 98,127 99370 101,562 493,055 i Hourly 49-3056 41.1117 44-463 42.5506 43:4464 44.0399 11.6876 45.5814 46.2-547 47.1767 47:5794 48.8278 49459 D62 Annual 88,028 89,789 91;409 92,932 943-98 %,184 97,599 99,551 401,014 103,034 991,550 106,641 998,2-19 Hourly 43-323 43.1678 43.8026 44.6786 45:3356 46.2423 46.92-2-3 47.8608 48-1646 49.5359 59.2644 51.2697 52-92-37 D63 Annual 92,428 94,277 95,665 97,578 999.12 100,993 402,44'7 104,527 496;064 108,185 999,776 111,972 -413,619 Hourly 44-4349 45.3258 45-992-3 46.9122 47692-1 48.5541 49.268-1 50.2535 50.992-5 52.0123 52.77;2 53.8328 S.on� E81 Annual 97-;059 98,991 102,455 106,042 -107,691 109,753 113,594 415,264 117,569 449,299 Hourly 46.658 47.5918 48.291r 49.2575 49.9849 50.9816 S4...7342 52.7659 S3.S 4 i8 54.6127 ss. i i S8 56.5241 S,E.3ter E82 Annual 103,942 los,qw 107,579 109,161 111,345 112,983 115,243 116,937 119,276 121,029 123,450 129,269 Hourly 48,9921 49.9720 50:7969 51.7210 n-..-rr 53.5313 54.3486 55.4049 .6 57.3440 S848:73 59.3511 60.2249 E83 Annual 496,998 109,138 -119,742 112,957 111,619 116,912 -1-18,631 121,004 122,7, 83 125,238 127,080 129,621 131,528 CD Hourly 31-4-414 52.4702 533418 54.3066 594952 56.2073 57:0339 58.1746 59,0394 60.2107 64.0961 62.3180 633-345 O O iz New G 44H New 44 H Kodiak Island Borough Salary Schedule for Non -Bargaining Unit Positions Effective 7/01/2025 Changes Proposed by Ordinance FY2024-18 Gm New 44M New 91d 4 I J J K New K 44M New 1v L 44M New m M Hourly 41.5768 42.-x884 43.0319 43.6648 44.5381 45-1-930 46.0969 46.-748 47.7102 4 8 A H 9 49.3801 i9.4062 51.1083 C43 Annual 90,804 92,-139 93,981 9b,364 97,271 98a94 100,675 402,157 104,200 995,;E32 107,847 404;433 111,621 Hourly 43.6556 44.946 45.1835 45-8489 46.7649 47-452-7 48.4018 49.4136 50.0959 50-.8326 51.8493 S2.6418 53.6640 C44/C51 Annual 95,343 96,716 98,681 199,431 102,134 193,636 105,709 109,410 444,949 113,239 144,991 117,202 Hourly 45.8384 46.S!24 47.4427 48.1403 49.1031 4-.82-s3 50.8218 SI.S692 52.6005 �2 54.4416 S5.2i23 56.3471 C45/C52 Annual 95,343 96,716 98,681 102,134 103,636 105,709 107,26i 109,410 113,239 114,904 117,202 Hourly 45.8384 16.S!21 47.4427 4-1483 49.1031 49.8293 50.8218 SI.S692 52.6005 .2 54.4416 .3 56.3471 D61 Annual 105,116 -186,662• 108,796 110,396 112,604 4143-59 116,545 118,259 120,624 122,398 124,846 -126,681 129,215 i Hourly 50.5368 543580 52.3056 33-0748 54.1363 14.93-24 56.0311 56;3-5-54 57.9922 58.8459 60.0219 60:9047 62.1228 D62 Annual 110,374 111,996 114,236 -1-45,9-1'7 118,235 41-9,9"73 122,373 124,173 126,656 9 131,089 433,0-17 135,678 Hourly 53.0641 53.445 54.9214 ;S.729 56.8436 17.6496 58.8332 59.6954 60.8923 61.7878 63.0236 63.9504 65.2294 D63 Annual 115,891 417,-596 119,948 424310 124,145 425,954 128,490 430,388 132,988 434,944 137,643 139,667 142,460 Hourly 55.7170 56.5�64 57.6671 50,5-;34 59.6854 60.-5631 61.7744 62.6829 63.9365 64-8467 66.1742 67,4444 68.4904 E81 Annual 121,685 125,945 130,352 134,915 436,899 139,637 4 4 4,69 144,524 146,619 149,582 Hourly 58.5025 59.3629 60.5501 04-,400 62.6693 63.5910 64.8628 65.5166 67.1330 68-4202 69.4826 70-5844 71.9145 E82 Annual 127,770 129,6SO 132,243 134,188 136,872 438,884 141,662 146,619 151,752 1S3,983 157,063 Hourly 61.4284 62,3348 63.5784 61.S133 65.8035 66.7712 68.1067 e.083 70.4904 74.5271 72.9576 71-.00 75.5111 E83 Annual 134,159 436;431 138,854 140,896 143,714 -145;84-7 148,744 458,131 153,950 156,211 159,338 -164681 164,915 CD Hourly 64.4992 65.447 66.7566 67.7384 69.0932 4&4093 71.5115 72..3630 74.0143 754828 76.6049 77.7313 79.2860 O Lin AGENDA ITEM #14.D.1. KODIAK ISLAND BOROUGH STAFF REPORT APRIL 4, 2024 4 ' �s ASSEMBLY REGULAR MEETING SUBJECT: Approval Of A Welcome Letter To The Alaska Daughters Of The American Revolution ORIGINATOR: Nova M. Javier, MMC, Borough Clerk RECOMMENDATION: Move to authorize the Mayor to sign the letter welcoming the Daughters of American Revolution to Kodiak. DISCUSSION: The mayor received a letter from Joann Utt, Corresponding Secretary for the Alaska State Society of the Daughters of American Revolution (DAR) requesting a welcome letter that will be read at their Conference in Kodiak on Saturday, April 20, 2024. The mayor requested that the Assembly approve the letter before presenting it to the DAR. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Kodiak Island Borough Approval Of A Welcome Letter To The Alaska Daughters Of The American Rev... Page 142 of 150 1� DAR Daughters of the American Revolution Joann Utt Corresponding Secretary Alaska State Society NSDAR March 6, 2024 Honorable Scott Arndt Mayor, City of Kodiak, Alaska 710 Mill Bay Room 234 Kodiak AK 99615 Mayor Arndt: AGENDA ITEM #14.D.1. The Alaska Daughters of the American Revolution will be holding our State Conference in Kodiak on Saturday, April 20, 2024. We respectfully request that you send a welcome letter to those of us attending from Alaska as well as our out-of-state visitors. The welcome letter from you will be read aloud at the conference. Alternatively, if you or your representative would like to offer these greetings in person, we would be pleased and honored by your attendance. Greetings will be presented on Saturday morning. I can provide the details on time and location if that is a possibility. The objectives of the DAR - Historic Preservation, Promoting Education, and Patriotic Endeavor - continue to be our goals. Our current State Regent, Sarah Hieb of Juneau, has chosen to encourage our five chapters to focus our projects on promoting literacy during her term. At all levels of our organization - national, State, and local - we sponsor essay contests for school-age children and recognize children who are leaders in their schools. Our chapters support our military and recognize volunteers in our communities. For more information about DAR, I invite you to visit our National Society's website at dar.org. Thank you for your time and attention. Sincerely, �zox- Joann Utt Corresponding Secretary PO Box 1114, Palmer AK 99645 * * Ph 907-355-0297 * Red raven@mtaonline.net Approval Of A Welcome Letter To The Alaska Daughters Of The American Rev... Page 143 of 150 AGENDA ITEM #14.D.1. Kodiak Island Borough Office of the Borough Mayor 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9310 Fax (907) 486-9391 Email: clerks@kodiakak.us April 4, 2024 Daughters of American Revolution PO Box 1114 Palmer, AK 99645 To all attendees, It is a great privilege to welcome you to the Kodiak Island Borough! I am delighted that you have chosen Kodiak for the location of your State Conference. Welcome to the rugged and enchanting corner of Alaska. am grateful for your continued support to our military and school aged children. Your objectives of historic preservation, promoting education, and patriotic endeavor are worthy goals that need to be emulated. I wish you renewed energy and remember that you are not just attending an event, but you are making a difference and becoming a part of something greater. As you step into this gathering, look around, lean in, absorb, and engage with your colleagues. Let curiosity be your compass and let the speakers ignite your imagination. hope you will find time from your busy schedule and explore our beautiful island by wandering through our museums and shops, visit historical landmarks, go for a nature walk, or stroll along the waterfront. Meet the locals and strike up conversations and ask about their favorite restaurants and cafes. Remember, exploring isn't just about physical places; it is about connecting — with people, stories, and the essence of our community. Once again, welcome to Kodiak and enjoy your conference! Sincerely, KODIAK ISLAND BOROUGH Scott Arndt Mayor Approval Of A Welcome Letter To The Alaska Daughters Of The American Rev... Page 144 of 150 AGENDA ITEM #14.D.2. KODIAK ISLAND BOROUGH STAFF REPORT APRIL 4, 2024 4 ' �s ASSEMBLY REGULAR MEETING SUBJECT: Authorization For The Mayor To Travel To The Alaska Municipal League Board Of Directors Retreat And The 2024 National Association of Counties Western Institute Region Conference ORIGINATOR: Irene Arellano, Assistant Clerk RECOMMENDATION: Move to authorize the Mayor's travel to AML Board of Directors Meeting and 2024 NACo Western Institute Region Conference. The Assembly may approve one or the other travel by splitting the motion. DISCUSSION: Mayor Arndt is on the AML Board of Directors serving as the NACO Representative. He wishes to travel to the AML Board of Directors Retreat in Girdwood, Alaska, and to the NACo Western Institute Region Conference in Mariposa County, California. The mayor's travel budget is now overbudget by $4,289.49. The total cost for the AML Board of Directors Retreat is $ 711.54 and AML will reimburse the airfare and lodging with an estimated total of $537.34. Cost to the Borough will be the per diem of $174. The travel to the NACo WIR Conference is estimated to cost $ 2,773.05 and AML will reimburse $1,457.50. Cost to the Borough is estimated to cost $1,315.55. Approving both AML and NACo travel will bring the Mayor's travel/per diem line item to negative $5,779.24. ALTERNATIVES: FISCAL IMPACT: Assembly Mayor Budgeted Amount 25,000 6,000 OTHER INFORMATION: Used 5381.89 10, 289.49 Current Balance 19,618.11 -4,289.49 AML, Girdwood -4,463.69 AML & NACo, CA -5,779.24 Per KIBC 2.20.070 (13.6) Miscellaneous. For travel other than annual routinely scheduled conferences or meetings, the mayor shall bring any travel requests, prior to travel, to a regular assembly meeting or work session for concurrence of the assembly, stating the date, place, length of travel, projected cost, and purpose of the trip. If there is no regular assembly meeting or work session before the planned trip, the mayor shall request the clerk to poll the entire assembly for approval by a majority of the assembly. Following completion of travel, the mayor shall give an oral report, stating accomplishments and knowledge gained from the trip as well as the actual expenses of the trip. Kodiak Island Borough Authorization For The Mayor To Travel To The Alaska Municipal League Boa... Page 145 of 150 Mayor's Budget for FY2024 - CURRENT Account# 100-100-450.301 Date TA# Individual Purpose Location Registration July 21-26, 2023 TA# 24-03 Arndt NACo Annual Conference & Exposition Austin, TX 600.00 August 7-11, 2023 TA# 24-02 Arndt AML Summer Legislative Conference Homer, AK 250.00 December 3-8, 2023 TA# 24-19 Arndt AML Annual Local Government Conference Anchorage, AK 600.00 February 9-15, 2024 TA# 24-22 Arndt NACo Legislative Conference & Federal Lobbying Washington, DC 575.00 February 19-23, 2024 TA#24-24 Arndt AML Winter Legislative Conference Juneau, AK 200.00 Budget 6,000.00 AML Airfare Lodging Misc Subtotal Per Diem Total Reimbursement 1,203.60 1,125.69 115.00 $ 3,044.29 352.00 3,396.29 2,350.00 796.20 1,376.16 40.00 $ 2,462.36 558.00 3,020.36 254.14 845.00 37.16 $ 1,736.30 697.50 2,433.80 1,186.40 1,275.44 127.00 $ 3,163.84 513.50 3,677.34 2,325.00 709.70 956.00 40.00 $ 1,905.70 531.00 2,436.70 Travel 12,312.49 2,652.00 14,964.49 4,675.00 Travel + Per Diem 14,964.49 Less AML Reimbursement 4,675.00 TOTAL 10,289.49 Budget 6,000.00 Available 4,289.49 Mayor's Budget for FY2024 Account# 100-100-450.301 Budget 6,000.00 Mayor's Budget for FY2024 With Impending Travel Account# 100-100-450.301 TA# Individual Purpose Location Registration July 21-26, 2023 TA# 24-03 Arndt NACo Annual Conference & Exposition Austin, TX 600.00 August 7-11, 2023 TA# 24-02 Arndt AML Date TA# Individual Purpose Location Registration Airfare Lodging Misc Subtotal NACo Legislative Conference & Federal Lobbying Per Diem Total Reimbursement July 21-26, 2023 TA# 24-03 Arndt NACo Annual Conference & Exposition Austin, TX 600.00 1,203.60 1,125.69 115.00 $ 3,044.29 352.00 3,39629 2,350.00 August 7-11, 2023 TA# 24-02 Arndt AML Summer Legislative Conference Homer, AK 250.00 796.20 1,376.16 40.00 $ 2,462.36 558.00 3,020.36 $ December 3-8, 2023 TA# 24-19 Arndt AML Annual Local Government Conference Anchorage, AK 600.00 254.14 845.00 37.16 $ 1,736.30 697.50 2,433.80 306.20 February 9-15, 2024 TA# 24-22 Arndt NACo Legislative Conference & Federal Lobbying Washington, DC 575.00 1,186.40 1,275.44 127.00 $ 3,163.84 513.50 3,677.34 2,325.00 February 19-23, 2024 TA#24-24 Arndt AML Winter Legislative Conference Juneau, AK 200.00 709.70 956.00 40.00 $ 1,905.70 531.00 2,436.70 6,669.84 May 22-23, 2024 Arndt AML Board of Director's Retreat Girdwood, AK 306.20 231.34 $ 537.54 174.00 711.54 537.34 impending Budget 6,000.00 Travel Available 12,850.03 2,826.00 15,676.03 5,212.34 Travel + Per Diem 15,676.03 Less AML Reimbursement 5,212.34 TOTAL 10,463.69 Budget 6,000.00 Available -4,463.69 Mayor's Budget for FY2024 With Impending Travel Account# 100-100-450.301 Budget 6,000.00 TA# Individual Purpose Location Registration July 21-26, 2023 TA# 24-03 Arndt NACo Annual Conference & Exposition Austin, TX 600.00 August 7-11, 2023 TA# 24-02 Arndt AML Summer Legislative Conference Homer, AK 250.00 December 3-8, 2023 TA# 24-19 Arndt AML Annual Local Government Conference Anchorage, AK 600.00 February 9-15, 2024 TA# 24.22 Arndt NACo Legislative Conference & Federal Lobbying Washington, DC 575.00 February 19-23, 2024 TA#24-24 Arndt AML Winter Legislative Conference Juneau, AK 200.00 May 7-11, 2024 Arndt NACo Western Institute Region Conference Mariposa County, CA 475.00 May 22-23, 2024 Arndt AML Board of Director's Retreat Girdwood, AK Budget 6,000.00 AML Airfare Lodging Misc Subtotal Per Diem Total Reimbursement 1,203.60 1,125.69 115.00 $ 3,044.29 352.00 3,396.29 2,350.00 796.20 1,376.16 40.00 $ 2,462.36 558.00 3,020.36 254.14 845.00 37.16 $ 1,736.30 697.50 2,433.80 1,186.40 1,275.44 127.00 $ 3,163.84 513.50 3,677.34 2,325.00 709.70 956.00 40.00 $ 1,905.70 531.00 2,436.70 754.29 867.00 343.76 $ 2,440.05 333.00 2,773.05 1,457.50 impending 306.20 231.34 $ 537.54 174.00 711.54 537.34 impending Travel 15,290.08 3,159.00 18,449.08 6,669.84 Travel + Per Diem 18,449.08 Less AML Reimbursement 6,669.84 TOTAL 11,779.24 Budget 6,000.00 Available -5,779.24 AGENDA ITEM #18.A. KODIAK ISLAND BOROUGH Architectural and Engineering Review Board February 13, 2024 In the Borough Conference Room of the Kodiak Island Borough Building. CALL TO ORDER ROLL CALL Jon Melin called the regular meeting to order at 3:03 p.m. Board Members present were Jerrol Friend, Dan Rohrer, Jon Melin, Ty Swanson, Codi, Allen and Doug Mathers. Jascha Zbitnoff was absent. A quorum was established. Also present were Kodiak Island Borough Assembly Member Ryan Sharratt, Kodiak Island Borough Engineering & Facilities Director David Conrad, and Corey Wall from Jensen Yorba Wall. APPROVAL OF AGENDA ROHRER MOVED to approve the agenda as written. FRIEND seconded. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES FRIEND MOVED to approve the minutes from January 22, 2024. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) Patrick Cummings - Had a question about background checks and drug testing for project contractors. NEW BUSINESS a. North Star Elementary Roof & Skylight David Conrad introduced and reviewed the North Star Roof Project and introduced Corey Wall from Jensen Yorba Wall. There was discussion among the Board about KalWall products, removing the skylight and replacing with a solid wood structure, costs of different aspects, and splitting the project into multiple stages. Direction was given to staff to phase the project and return the item to the Board. FIREND MOVED to postpone until staff has split the job into phases. ROHRER Seconded. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY b. Draft Ordinance for ARB Code Changes Ryan Sharrat provided an overview of the changes he would like to make to the ARB Code. David Conrad reviewed the Architectural and Engineering Contract process and how the Engineering and Facilities conducts the bidding and review process. There was discussion Kodiak Island Borough February 13, 2024 Architectural and Engineering Review Board Minutes Page 1 of 2 Architectural and Engineering Review Board Regular Meeting Minutes of Fe... Page 148 of 150 AGENDA ITEM #18.A. among the Board about packages and how to split the bid to allow more options. Direction given to staff to work with Ryan to draft a better version of the code to present at the next meeting. BOARD MEMBERS' COMMENTS Dan Rohrer - Thank you and apologize for asking so many questions. Ryan Sharrat - I would like to have the ARB review the Service Area Contracts. I will always vote "No" on things until someone else has their eyes on it. David Conrad - I would prefer ARB review the contractor after a job is completed and vote weather or not the contractor is able to be re -hired. Doug Mathers - None. Ty Swanson - None. Jerrol Friend - None. Codi Allen - None. Jon Melin - None. ADJOURNMENT FRIEND MOVED to adjourn the meeting at 4:56 pm. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY RESPECTIVELY SUBMITTED: Nuu-� EFSECRETARY: Patricia Valerio ZW IRPERSON: Jascha Zbitnoff Architectural/Engineering Review Board Kodiak Island Borough February 13, 2024 DATE: 1 DATE: ©3 d 2 �lVED, MAR 1 8 2024 BOROUGH CLERK'S OFFICE KODIAK, ALASKA Architectural and Engineering Review Board Minutes Page 2of2 Architectural and Engineering Review Board Regular Meeting Minutes of Fe... Page 149 of 150 r AGENDA ITEM #18.A. KODIAK ISLAND BOROUGH Solid Waste Contract Committee Regular Meeting February 27, 2024 In the Borough Conference Room of the Kodiak Island Borough Building. ROLL CALL James Turner called the regular meeting to order at 1:02 p.m. Board Members present were James Turner, Scott Smiley, and Larry LeDoux. A quorum was established. Also present were Kodiak Island Borough Manager Aimee Williams, Kodiak Island Borough Engineering & Facilities Director David Conrad, Kodiak Island Borough Solid Waste Manger Jena Hassinger, and Coral Chernoff. APPROVAL OF MINUTES SMILEY MOVED to approve the minutes from February 6, 2024. VOICE VOTE CARRIED UNANIMOUSLY CITIZENS COMMENTS (Limited To Three Minutes Per Speaker) Coral Chernof — List of written notes and edits to red -lined draft of the contract. AGENDA ITEMS a. Definitions and Billing Flow Chart Patricia Valerio presented the edits that had been made to the written definitions page. She also presented the flow chart that was developed by the Engineering Department. The Board discussed the zoning compliances that are in place, small home businesses, intent vs. what is written, and making sure that changes that are made do not put the Borough in a precarious legal position. Direction was given to staff to provide a list of Alaska Waste's asks, a list of the Borough's asks, and what the changes to the code would be with the new definitions provided. BOARD MEMBERS COMMENTS Larry LeDoux - I like this information and chart, it is succinct and straight forward. Could we please receive a copy of the original RFP from the contractor. Scott Smiley - Changes to the code will be interesting to see. James Turner - None. SET NEXT MEETING DATE AND TIME March 19, 2024 at 1:00pm. in the Borough Conference Room 121. ADJOURNMENT LEDOUX MOVED to adjourn at 1:49pm. SMILEY seconded. Kodiak Island Borough February 27, 2024 Solid Waste Contract Committee Regular Meeting Minutes Page 1 of 2 Architectural and Engineering Review Board Regular Meeting Minutes of Fe... Page 150 of 150 INFORMATION MATERIALS SUBMITTED BY: Patricia Valerio, Engineering and Facilities Department Date: ,3 2UZ Kodiak Island Borough February 27, 2024 AGENDA ITEM #18.A. APPRO E Y: James Tu Solid Waste ontract Committee Chairman Date: -A VED MAK 1 U 2014 BOROUGH CLERK'S OFFICE KODIAK, ALASKA Solid Waste Contract Committee Regular Meeting Minutes Page 2 of 2 Architectural and Engineering Review Board Regular Meeting Minutes of Fe... Page 151 of 150 Regular / Special Convened: KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Recessed: Reconvened: Date: V q 1 Adjourned: BY: SECOND: YES NO BY: SECON YES:, N BY: �� SECON�)- CJ ell V0 V YES NO BY: SECOND:rn � (�040 J,�- x/ Y BY: SECOND: n , NO YES NO.YES Mr. Ames Mr. Ames Mr. Ames Mr. Ames Mr. Ames Mr. Griffin Mr. Griffin Mr. Griffin Mr. Griffin ✓ Mr. Griffin Mr. LeDoux Mr. LeDoux Mr. LeDoux Mr. LeDoux r. LeDoux tli Mr. Sharratt Mr. Sharratt V Mr. Sharratt Mr. Sharratt V Mr. Sharratt Mr. Smiley Mr. Smiley V Mr. Smiley Mr. Smiley V Mr. Smiley Mr. Turner Mr. Turner r. Turner Mr. Turner Mr. Turner Mr. Whiteside Mr. Whiteside V Mr. Whiteside Mr. Whiteside Mr. Whiteside O_ULD ANYONE LIKE TO CHANGE THEIR VOTE? WOULD ANYONE LIKE TO CHANGE THEIR_ VOTE?_: TOTAL: TAL: TOTAL: TOTAL:7(,21 TOTAL: The mayor may not vot except in the case where on y six members of the assembly are present and there is a threelthree tie vote of the assembly. Mayor Arndt I V I M dt KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET r Regular Special Date: 0q Convened: Recessed: Reconvened: Adjourned: BY: SECOND: RN BY: ] SECOND: 1� CF BY:% SECOND: V I BY: SECOND. BY: SECOND: YES NO YE5 NO YES NO YES NO YES NO Mr. Ames Mr. Ames Mr. Ames Mr. Ames Mr. Ames Mr. Griffin Mr. Griffin Mr. Griffin Mr. Griffin Mr. Griffin Mr. LeDoux V Mr. LeDoux Mr. LeDoux Mr. LeDoux Mr. LeDoux Mr. Sharratt Mr. Sharratt Mr. Sharratt Mr. Sharratt Mr. Sharratt Mr. Smiley Mr. Smiley Mr. Smiley V Mr. Smiley Mr. Smiley Mr. Turner V Mr. Turner V Mr. Turner Mr. Turner Mr. Turner Mr. Whiteside V I I Mr. Whiteside Mr. Whiteside Mr. Whiteside Mr. Whiteside WOULD ANYONE LIKE TO CHANGE THEIR VOTE? WOULD ANYONE LIKE TO CHANGE THEIR VOTE? TOTAL: r t I TOTAL: ( TOTAL: TOTAL: TOTAL: 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 ayor Mayor Arndt ayd- Amitager--Arndt ayor Arndt KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Regular V Special Date: 4 l©q Convened: Recessed: Reconvened: Adjourned: BY: SECOND: I BY: SECOND: BY: SECOND: BY: SECOND: I BY: SECOND: YES NO YES NO Mr. Ames Mr. Ames Mr. Ames Mr. Ames Mr. Ames Mr. Griffin Mr. Griffin Mr. Griffin Mr. Griffin Mr. Griffin Mr. LeDoux Mr. LeDoux Mr. LeDoux Mr. LeDoux Mr. LeDoux Mr. Sharratt V Mr. Sharratt Mr. Sharratt Mr. Sharratt Mr. Sharratt Mr. Smiley Mr. Smiley 7 Mr. Smiley Mr. Smiley Mr. Smiley Mr. Turner Mr. Turner Mr. Turner Mr. Turner Mr. Turner Mr. Whitesi V Mr. Whiteside Mr. WhitesideT7 Mr. Whiteside Mr. Whiteside WOULD ANYONE LIKE TO CHANGE THEIR VOTE? WOULD ANYONE LIKE TO CHANGE THEIR VOTE., TOTAL: TOTAL: TOTAL: TOTAL: TOTAL: The mayor may not to except in the case where only six members of the assembly are present and there is a threeithree tie vote of the assembly. Mayor Arndt Mayor Arndt Mayor Arndt7 1 Mayor Arndt Mayor Arndt ASSEMBLY'S PREROGATIVE IN JUDGING VOTING PROCEDURE Unless the bylaws provide otherwise, the Assembly itself is the judge of all questions arising that are incidental to the voting or the counting of the votes. In an election by ballot, for example, the tellers (p.401, I. 16-21) should refer to the Assembly for decision on all questions on which there is any uncertainty. REQUIRED VOTES FOR MOTIONS (Motions reauirina 2/3 vote to carry (7 present requires 5 ✓ Reconsideration on the same day ✓ Suspension of rules ✓ Limit of extend debate ✓ Declaring vacancy on the Assembly and Office of the Mayor ✓ Budget Adoption Veto — Override ✓ Extending the adjournment time beyond 11 p.m. Attorney's opinion dated April 6, 2023 Absences do not reduce the vote requirement. Otherwise, if there were only four (4) present, it might mean that 3 votes would approve a motion. The court is more likely to treat it as the number of votes of the fully constituted body, and would only reduce the number of persons were disqualified not just absent. He expected a court to read the voting requirement to include 2/3 of the FULL membership not just those who are in attendance. Maiority vote is majority of the membership (quorum) ✓ Point of Order (KIBC 2.30.080) ✓ Previous Question ✓ Recess — not to exceed 20 minutes ✓ Appealing the decision of the chair when it comes to conflict of interest ✓ Extending the adjournment time beyond 10:30 p.m. ✓ Appointing the DPO requires majority ✓ Appointing a Manager (no sooner than one year after leaving Mayor/Assembly office) ✓ Calling a special meeting ✓ The same motion that receives the same outcome two meetings in a row shall not be revisited for six months unless the members by a majority vote agree to do so. Meeting Type: KODIAK ISLAND BOROUGH Assembly Regular Meeting Date: April 4, 2024 Please PRINT your name legibly Phone number �.`�� `t Kodiak Island Borough Assembly Newsletter Vol. FY2024, No. 21 April 05, 2024 At Its Regular Meeting Of April 04, 2024, The Kodiak Island Borough Assembly Took The Following Actions. The Next Regular Meeting Of The Borough Assembly Is Scheduled On April 18, 2024, At 6:30 p.m. In The Borough Assembly Chambers. AUTHORIZED The Borough Manager To Execute Contract No. FY2024-28 With AIM Maintenance For The Purchase And Freight Costs Of Playground Equipment For The Sargent Creek Playground In The Amount of $94,590.10 FAILED TO ADOPT Resolution No. FY2024-16 Authorizing Disposal By Lease Of Lot 1 And Lot 9 U.S. Survey 2539 To The Kodiak Island Sportsman's Association For The Purpose Of Managing The Salonie Creek Rifle Range And Providing A Range Caretaker's Site ADOPTED Resolution No. FY2024-20 Authorizing The Manager To Accept The Alaska Division Of Homeland Security & Emergency Management (DHS&EM) Grant In The Amount of $99,540 ADVANCED Ordinance No. FY2024-18 Adopting Changes To The Non -Bargaining Covered Positions Salary Schedules To Match The Bargaining Unit Positions Salary Schedule Changes Approved With The Collective Bargaining Agreement, Contract No. FY2024-06 To Public Hearing At The Next Regular Meeting Of The Assembly AUTHORIZED The Mayor To Sign The Letter Welcoming The Alaska Daughters Of American Revolution To Kodiak AUTHORIZED The Mayor's Travel To The Alaska Municipal League Board Of Directors Retreat In Girdwood, Alaska FAILED TO AUTHORIZE The Mayor's Travel To The 2024 National Association Of Counties Western Institute Region Conference in Mariposa County, California View our website: Visit our Facebook page: � Follow us on www.kodiakak.us www.facebook.com/KodiakislandBorough Twitter: @KodiakBorough