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2024-06-27 Regular MeetingKodiak Island Borough Assembly Regular Meeting Agenda Assembly Chambers Thursday, June 27, 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. Special Meeting Minutes Of May 30, 2024, And Regular Meeting 4-10 Minutes Of June 6, 2024 Minutes Binder 7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) 8. AWARDS AND PRESENTATIONS A. Presentation To Tessa Davis, PLAN 2045 Logo Design Contest 11 - 13 Winner Aaenda Item Reaort - Pdf 9. COMMITTEE REPORTS 10. PUBLIC HEARING Page 0 of 152 A. Ordinance No. FY2024-02A An Ordinance Of The Assembly Of 14-16 The Kodiak Island Borough Amending Ordinance No. FY2024-02, Fiscal Year 2024 Budget, By Amending Budgets To Account For Various Revenues That Are Over Budget, Providing For Additional Expenditures, And Moving Funds Between Projects Agenda Item Report - Pdf 11. BOROUGH MANAGER'S REPORT A 2024-06-27 Borough Manager's Report 17-18 12. MESSAGES FROM THE BOROUGH MAYOR `K��Z�7►[•91�]�:Z��[�7►[�]Y�1_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. FY2024-38 Approval For Elevator 19-102 Maintenance Service With Otis Elevator Company At Kodiak Fisheries Research Center Agenda Item Report - Pdf 2. Contract No. FY2025-02 Animal Control Contract Between 103-110 Kodiak Island Borough And The City of Kodiak For July 1, 2024 to June 30, 2026 For The Amount of $154,430 For Year One And $156,930 For Year Two Agenda Item Report - Pdf 3. Contract No. FY2025-03 Building Inspection Program 111 -118 Memorandum Of Agreement Between The Kodiak Island Borough And The City of Kodiak For Fiscal Year 2025 To Fiscal Year 2029 Agenda Item Report - Pdf 14.13. RESOLUTIONS 1. Resolution No. FY2024-22 Authorizing The Disposal Of 119-125 Borough Land To The Kodiak Electric Association For The Purpose Of A Utility Right -Of -Way And Easement Agenda Item Report - Pdf 2. Resolution No. FY2025-02 Re -Establishing The Fees Of 126- 136 The Kodiak Island Borough Agenda Item Report - Pdf iC��l:��ll►/_1�[y�y7�7:�1►��:Z�]�1�L��[�7►1 Page 1 of 152 14.D. OTHER ITEMS 1. Confirmation Of Mayoral Appointments To The Borough 137-138 Lands Committee Of Mr. Corey Gronn and Mr. Dave Townsend Agenda Item Report - Pdf 15. CITIZENS' COMMENTS 17. ADJOURNMENT 18. INFORMATIONAL MATERIALS A. Planning and Zoning Commission Regular Meeting Minutes of 139-145 April 17, 2024 and Womens Bay Service Area Board Regular Meeting Minutes of May 7, 2024 Minutes Binder B. Kodiak Island Borough School District Board of Education Special 146-147 Meeting Summary of June 3, 2024, and Regular Meeting Summary of June 17, 2024 Meeting Summaries C Meeting Materials 148-152 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 152 AGENDA ITEM #6.A. KODIAK ISLAND BOROUGH Assembly Special Meeting May 30, 2024 A special meeting of the Kodiak Island Borough Assembly was held on May 30, 2024, in the Assembly Chambers. The meeting was called to order at 6:30 p.m. Staff present were Borough Manager Aimee Williams, Engineering and Facilities Director Dave Conrad, Deputy Clerk Lina Cruz, and Assistant Clerk Irene Arellano. ROLL CALL Present were Mayor Scott Arndt, Assembly Members Jared Griffin, Larry LeDoux, Ryan Sharratt, Scott Smiley, James Turner, and Bo Whiteside. SMILEY moved to excuse Assembly Member Ames who was out on personal leave. ROLL CALL VOTE ON THE MOTION FAILED THREE TO THREE: Griffin, Turner, and Whiteside (Noes), LeDoux, Sharratt, and Smiley (Ayes). Clerk's note: In the event of a tie, the mayor casts the deciding vote. As we inadvertently overlooked the mayor's vote in the tie situation, we asked Mayor Arndt on June 3, 2024, on how he would have voted. He indicated that he would have voted "no" on the motion to excuse. He requested that his intended vote be accurately recorded. CITIZENS COMMENTS The following spoke under citizen's comments: • Sandra West • Kerry Irons • Mike Litzow • Judy Carstens • Geoff Smith • Cory Dehning • Damon Hargraves CONSIDERATION OF MATTER(S) IN THE CALL FOR THE SPECIAL MEETING A. Authorization For The Mayor To Sign A Letter To Send To The North Pacific Fishery Management Council In Support Of An Emergency Rule Request To Allow Mothershipping In The Central Gulf Of Alaska (CGOA) 2024 Pollock B Season Fishery Agenda Item: B Reports SMILEY moved to authorize the Kodiak Island Borough Mayor to sign a letter to the North Pacific Fishery Management Council in support of an emergency rule request to allow mothershipping in the Central Gulf Of Alaska (CGOA) 2024 Pollock B Season Fishery Agenda Item: B Reports. SMILEY moved to postponed indefinitely the authorization for the Kodiak Island Borough Mayor to sign a letter to the North Pacific Fishery Management Council in Kodiak Island Borough May 30, 2024 Assembly Special Meeting Minutes Page 1 of 2 Special Meeting Minutes Of May 30, 2024, And Regular Meeting Minutes Of ... Page 4 of 151 AGENDA ITEM #6.A. support of an emergency rule request to allow mothershipping in the Central Gulf Of Alaska (CGOA) 2024 Pollock B Season Fishery Agenda Item: B Reports. ROLL CALL VOTE ON THE MOTION TO POSTPONED INDEFINITELY CARRIED UNANIMOUSLY: LeDoux, Sharratt, Smiley, Turner, Whiteside, and Griffin. B. PUBLIC HEARING - Resolution No. FY2025-01 Establishing The Amount Of Funds To Be Made Available From Local Sources For The Kodiak Island Borough School District For The Fiscal Year Beginning July 1, 2024, And Ending June 30, 2025 SMILEY moved to adopt Resolution No. FY2025-01. Mayor Arndt opened the public hearing. Hearing and seeing none, Mayor Arndt closed the public hearing and reconvened the regular meeting. GRIFFIN moved to call the question. ROLL CALL VOTE ON THE MOTION CARRIED FOUR TO TWO: Smiley, Turner, Griffin, and LeDoux (Ayes); Sharratt and Whiteside (Noes). ROLL CALL VOTE ON THE MAIN MOTION CARRIED FIVE TO ONE: Smiley, Turner, Griffin, LeDoux, Sharratt (Ayes); Whiteside (No). ADJOURNMENT SMILEY moved to adjourn the meeting at 7:36 p.m. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. KODIAK ISLAND BOROUGH Scott Arndt, Borough Mayor Kodiak Island Borough May 30, 2024 ATTEST: Nova M. Javier, MMC, Borough Clerk Assembly Special Meeting Minutes Page 2 of 2 Special Meeting Minutes Of May 30, 2024, And Regular Meeting Minutes Of ... Page 5 of 151 AGENDA ITEM #6.A. KODIAK ISLAND BOROUGH Assembly Regular Meeting June 6, 2024 A regular meeting of the Kodiak Island Borough Assembly was held on June 6, 2024, in the Assembly Chambers. The meeting was called to order at 6:30 p.m. Staff present were Borough Manager Aimee Williams, Engineering and Facilities Director Dave Conrad, Finance Director Dora Cross, Borough Clerk Nova M. Javier, and Deputy Clerk Lina Cruz. 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 Members Steve Ames, Jared Griffin, Larry LeDoux, Ryan Sharratt, Scott Smiley, James Turner, and Bo Whiteside. Clerk's Note: Assembly Member Ames arrived at 6:39 p.m. 5. APPROVAL OF AGENDA AND CONSENT AGENDA SMILEY moved to approve the agenda and consent agenda. SMILEY moved to amend the agenda by moving Ordinance No. FY2025-02 as the first item under public hearing. ROLL CALL VOTE ON THE MOTION TO AMEND THE AGENDA CARRIED UNANIMOUSLY: Griffin, LeDoux, Sharratt, Smiley, Turner, and Whiteside. VOICE VOTE ON MOTION TO APPROVE THE AGENDA AS AMENDED CARRIED UNANIMOUSLY. 6. *APPROVAL OF MINUTES (Approved under consent agenda) A. Regular Meeting Minutes Of May 16, 2024 7. CITIZENS' COMMENTS The following spoke under citizen's comments: • Matthew Boylan • Craig Johnson Kodiak Island Borough June 6, 2024 Assembly Regular Meeting Minutes Page 1 of 5 Special Meeting Minutes Of May 30, 2024, And Regular Meeting Minutes Of ... Page 6 of 151 AGENDA ITEM #6.A. • Andrew Wellner • Gina Johnson • Mark Anthony Vizcocho 8. AWARDS AND PRESENTATIONS A. Proclamation Declaring Filipino American Heritage Month In Kodiak Mayor Arndt proclaimed the month of June as Filipino American Heritage Month In Kodiak and urged all citizens to participate in the festivities celebrating the rich heritage and traditions of the Philippine Islands. This proclamation was received by Fil-Am President Mark Vizcocho. 9. COMMITTEE REPORTS • Assembly Member Whiteside reported on the recently held Kodiak Island Borough/City of Kodiak Joint Fisheries Work Group meeting and gave an update on the Gibson Cove property. 10. PUBLIC HEARING A. Ordinance No. FY2025-02 Adopting The Budget For Fiscal Year 2025 And Appropriating From All Borough Funds SMILEY moved to adopt Ordinance No. FY2025-02. Mayor Arndt opened the public hearing. Paul VanDyke spoke under public hearing. Mayor Arndt closed the public hearing and reconvened the regular meeting. TURNER moved to amend Ordinance No. FY2025-02 by changing the amount in transfers out to LEPC Committee $20,000; Debt Service to $1,186,826.84; R&R to $1,768,411.16, Revenues for debt service total at $458, 411.16; All revenues from Property Tax equaling to 9.25 mills. ROLL CALL VOTE ON MOTION TO AMEND CARRIED FOUR TO THREE: Smiley, Turner, Griffin, and LeDoux (AYES); Sharratt, Whiteside, and Ames (NOES). ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED FOUR TO THREE: Smiley, Turner, Griffin, and LeDoux (AYES); Whiteside, Ames, and Sharratt (NOES). B. Ordinance No. FY2025-01 Receiving The 2024 Certified Real And Personal Property Tax Roll, Levying Ad Valorem Property Taxes For Tax Year 2024 Consisting Of An Areawide Tax, Women's Bay Fire Area Tax, A Women's Bay Road Service Area Tax, A Bay View Road Service Area Tax, A Tax In Fire Kodiak Island Borough June 6, 2024 Assembly Regular Meeting Minutes Page 2 of 5 Special Meeting Minutes Of May 30, 2024, And Regular Meeting Minutes Of ... Page 7 of 151 AGENDA ITEM #6.A. Protection Service Area No. 1, A Monashka Bay Road Service Area Tax, A Tax In Service Area No. 1 Roads, A Woodland Acres Street Light Service Area, A Tax In The Service Area No. 2, A Tax In The KIB Airport Fire Service Area, A Tax In The Trinity Islands Street Light Service Area, And A Tax In The Mission Lake Tide Gate Service Area; Levying Commercial Aircraft Tax Providing For The Collection Of Taxes Due In 2024; And Setting The Date When Taxes Become Delinquent SMILEY moved to adopt Ordinance No. FY2025-01. Clerk's Note: A revised version of Ordinance NO. FY2025-01 which reflected the changes made to Ordinance No. FY2025-02 was distributed to the Assembly. The revised version was what was before the Assembly for adoption. Mayor Arndt opened the public hearing. Seeing and hearing none, Mayor Arndt closed the public hearing and reconvened the regular meeting. ROLL CALL VOTE ON THE MOTION CARRIED FIVE TO TWO: Ames, Griffin, LeDoux, Smiley, and Turner (AYES); Whiteside and Sharratt (NOES). 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 Contract No. FY2024-34 Authorization Of Triennial Asbestos Hazard Emergency Response Act (AHERA) Inspections With Satori Group, Inc. In The Amount Of $11,000 SMILEY moved to authorize the Borough Manager to award Contract No. FY2024-34 for Triennial Asbestos Hazard Emergency Response Act (AHERA) Inspections with Satori Group, Inc. in the amount of $11,000. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Ames, Griffin, LeDoux, Sharratt, Smiley, Turner, and Whiteside. 2. Contract No. FY2024-35 Memorandum Of Agreement Between The Kodiak Island Borough And Triple P Ranch, LLC Granting Triple P Ranch, LLC The Authority To Remove Culverts In Areas That The Borough Has Management Authority Kodiak Island Borough June 6, 2024 Assembly Regular Meeting Minutes Page 3 of 5 Special Meeting Minutes Of May 30, 2024, And Regular Meeting Minutes Of ... Page 8 of 151 AGENDA ITEM #6.A. SMILEY moved to authorize the Borough Manager to sign Contract No. FY2024- 35 Memorandum Of Agreement between the Kodiak Island Borough and Triple P Ranch, LLC granting Triple P Ranch, LLC the authority to remove culverts in areas that the Borough has management authority. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Griffin, LeDoux, Sharratt, Smiley, Turner, Whiteside, and Ames. 14.B. RESOLUTIONS - None. 14.C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2024-02A An Ordinance Of The Assembly Of The Kodiak Island Borough Amending Ordinance No. FY2024-02, Fiscal Year 2024 Budget, By Amending Budgets To Account For Various Revenues That Are Over Budget, Providing For Additional Expenditures, And Moving Funds Between Projects SMILEY moved to advance Ordinance No. FY2024-02A to public hearing at the next regular meeting of the Assembly. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: LeDoux, Sharratt, Smiley, Turner, Whiteside, Ames, and Griffin. 14.D. OTHER ITEMS - None. 15. CITIZENS' COMMENTS — None. 16. ASSEMBLY MEMBERS' COMMENTS • Assembly Member Turner had no comment. • Assembly Member Ames posed a question about Triple P land that was never surveyed. Mayor Arndt responded and stated that the reason the land was never surveyed was because it was a requirement of the State of Alaska not the Borough. • Assembly Member Griffin praised the Borough Manager and Finance staff for their prompt work on the FY2025 budget and mil rate. He also congratulated the Special Olympics Team who will be participating in a competition in Anchorage. • Assembly Member Whiteside commended Borough Manager Aimee Williams and Finance Director Dora Cross for their efforts in giving clear budget information. He also thanked everyone who attended the Assembly meeting and the meeting in the Village of Old Harbor. Finally, he reminded everyone of the impending North Pacific Fisheries Management Council meeting. • Assembly Member LeDoux praised Borough Manager Aimee Williams on completing her first budget, as well as the Assembly for lowering the mil rate for Fiscal Year 2025. He also commended the Assembly for their efforts to cut the mil rate. • Assembly Member Smiley had no comment. • Assembly Member Sharratt stated that he would like the Assembly to investigate what assistance can be provided to the Island Trails Network. He congratulated Keith Morin on his second retirement from the landfill. He asked the Assembly Kodiak Island Borough June 6, 2024 Assembly Regular Meeting Minutes Page 4 of 5 Special Meeting Minutes Of May 30, 2024, And Regular Meeting Minutes Of ... Page 9 of 151 AGENDA ITEM #6.A. to continue discussing the release of borough lands and to take action. He suggested that the Borough establish a professional project management office for FY2026 in order to be financially accountable for projects and maintenance as a governing body. He wanted additional information about the Service Area Boards contracts. Finally, he urged that the Assembly reconsider its charter and make appropriate amendments, as well as consider bond issues. 17. ADJOURNMENT GRIFFIN moved to adjourn the meeting at 8:30 p.m. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. KODIAK ISLAND BOROUGH Scott Arndt, Borough Mayor Kodiak Island Borough June 6, 2024 ATTEST: Nova M. Javier, Borough Clerk Assembly Regular Meeting Minutes Page 5 of 5 Special Meeting Minutes Of May 30, 2024, And Regular Meeting Minutes Of ... Page 10 of 151 AGENDA ITEM #8.A. KODIAK ISLAND BOROUGH STAFF REPORT JUNE 27, 2024 ASSEMBLY REGULAR MEETING SUBJECT: Presentation To Tessa Davis, PLAN 2045 Logo Design Contest Winner ORIGINATOR: Chris French, CDD Director RECOMMENDATION: Mayor Arndt will present the award to PLAN 2045 Logo Design Contest Winner Tessa Davis DISCUSSION: The Kodiak Island Borough has initiated the development of a new comprehensive plan for the community and has sought out a logo to symbolize this endeavor. This logo will have a prominent presence on the plan's website, in correspondence, advertisements, and the final plan report. The competition was exclusively opened to Kodiak High School students from April 19 to May 17. Ms. Tessa Davis emerged as the victor, with her design effectively capturing the borough's objective of fostering a dynamic, inclusive, and thriving economy and community that revolves around Kodiak's distinctive features, including its natural resources, diverse wildlife, multicultural population, and rich heritage. We extend our congratulations to Tessa Davis for her outstanding achievement. Her dedication and creative talent have been duly recognized by the Kodiak Island Borough. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Kodiak Island Borough Presentation To Tessa Davis, PLAN 2045 Logo Design Contest Winner Page 11 of 151 KODIAK ISLAND BOROUGH BF--% ■ : z ■ .0-% A-.� An ^ J AGENDA ITEM #8.A. WHAT DOES THE FUTURE OF THE BOROUGH LOOK LIKE TO YOU? W. `Ibe "`Flap 2045 99 logo'Design Contest _ Community Development Department Presentation To Tessa Davis, PLAN 2045 Logo Design Contest Winner Page 13 of 151 AGENDA ITEM #1O.A. KODIAK ISLAND BOROUGH STAFF REPORT JUNE 27, 2024 4 ' �s ASSEMBLY REGULAR MEETING SUBJECT: Ordinance No. FY2024-02A An Ordinance Of The Assembly Of The Kodiak Island Borough Amending Ordinance No. FY2024-02, Fiscal Year 2024 Budget, By Amending Budgets To Account For Various Revenues That Are Over Budget, Providing For Additional Expenditures, And Moving Funds Between Projects ORIGINATOR: Dora Cross, Finance Director RECOMMENDATION: Move to adopt Ordinance No. FY2024-02A. DISCUSSION: This ordinance presents the net changes for additional funding requests which occurred during the current fiscal year for items or circumstances not known or expected during the initial creation of the FY2024 Budget or project estimates. Funds (not including Capital Prosect funds) Funds are accounts established to account for the revenues and expenditures of money with a specified purpose. The following funds are being changed with this budget amendment: Fund Net Increase/(Decrease) 100 General Fund 540 Hospital Facility 545 Long -Term Care Center ($0) $23,177.94 ($9,859.77) Projects (within Capital Project Funds) Since most projects cover multiple years, the Borough does not create annual budgets for them. Instead, each project budget is developed when the project is originated. Throughout the life of a project, the scope of work, deadlines and the need for money may need to be amended. The projects being amended by this budget amendment are: Capital Project Fund 495 445 ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Kodiak Island Borough Fund Name PKIMC Fuel Tank Replacement LTC Fuel Tank Replacement Net Increase/(Decrease) ($23,177.94) $9,859.77 Ordinance No. FY2024-02AAn Ordinance Of The Assembly Of The Kodiak Isla... Page 14 of 151 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 AGENDA ITEM #10.A. KODIAK ISLAND BOROUGH ORDINANCE NO. FY2024-02A AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING ORDINANCE NO. FY2024-02, FISCAL YEAR 2024 BUDGET, BY AMENDING BUDGETS TO ACCOUNT FOR VARIOUS REVENUES THAT ARE OVER BUDGET, PROVIDING FOR ADDITIONAL EXPENDITURES, AND MOVING FUNDS BETWEEN PROJECTS WHEREAS, staff requests a transfer within the General Fund of $5,000 from fund balance to the Economic Development Department due to the unbudgeted payment of contracted services; and WHEREAS, staff requests a transfer within the General Fund of $590,000 from fund balance to the General Administration Department due to the unbudgeted payment of legal judgements; and WHEREAS, staff requests a return of $23,177.94 from the Capital Project fund to the Hospital fund due to the completion of the Providence Kodiak Island Medical Center (PKIMC) Fuel Tank Replacement project; and WHEREAS, staff requests a transfer of $9,859.77 from the Long -Term Care Center (LTC) fund to the Capital Project fund for the LTC Fuel Tank Replacement project. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that: Section 1: This ordinance is NOT of permanent nature and shall NOT become a part of the Kodiak Island Borough Code of Ordinances. Section 2: The following budget amendments are made, and supplemental appropriations are approved: Transfer Annronriations: Fund — Department Transferring Out Fund — Department/Project Transferring in Transfer Amount 100 General Fund, fund balance 100-160 Economic Development $ 5,000.00 100 General Fund, fund balance 100-165 General Administration $590,000.00 495 Capital Projects / #20001 540 Hospital $23,177.94 545 Long Term Care Center 445 Capital Projects / #21007 $9,859.77 Effective Date: This ordinance takes effect upon adoption. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2024 Ordinance No. FY2024-02A Page 1 of 2 Ordinance No. FY2024-02AAn Ordinance Of The Assembly Of The Kodiak Isla... Page 15 of 151 AGENDA ITEM #10.A. 39 KODIAK ISLAND BOROUGH ATTEST: 40 41 42 43 Scott Arndt, Borough Mayor Nova Javier, MMC, Borough Clerk 44 45 Introduced by: Borough Manager 46 First reading: 47 Second reading/public hearing: 48 49 VOTES: 50 Ayes: 51 Noes: 52 Ordinance No. FY2024-02A Page 2 of 2 Ordinance No. FY2024-02AAn Ordinance Of The Assembly Of The Kodiak Isla... Page 16 of 151 Kodiak Island Borough OFFICE of the MANAGER TO: Kodiak Island Borough Assembly FROM: Aimee Williams RE: Manager's Report, June 27, 2024 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9301 Manager's Department Congrats to Tom Slagle to for his 19th Anniversary at KIB! Congrats to Patricia Valeria for her 5th Anniversary at KIB! Port Lions Invitation — Please let the Clerk's office know if you are interested in attending a work session in Port Lions. The next one is July 91h Joint Use MOA — Meeting set in August to discuss the three-way agreement between the Kodiak Island Borough, City of Kodiak, and Kodiak Island Borough School District. Community Development Parks and Recreation Committee — The next meeting is set for July 9, 2024 at 11:OOAM in the Borough Conference Room. Kodiak Short Trail — The chair of the Kodiak Short Trail committee has asked to make a formal request for KIB funds for the project. Assessing Nothing new to report since Tuesday. Engineering and Facilities Health Facilities Space Evaluation — Preparing our first monthly report in the extension period. Funds must be used by September 2024. Pa KIBSD — E&F Staff met with the new Director of Maintenance for KIBSD. Finance Department Annual Audit — Interim audit will be finished tomorrow. IT Department Nothing new to report since Tuesday. Bayside Fire Department Nothing new to report since Tuesday. AGENDA ITEM #14.A.1. KODIAK ISLAND BOROUGH STAFF REPORT JUNE 27, 2024 4 ' �s ASSEMBLY REGULAR MEETING SUBJECT: Contract No. FY2024-38 Approval For Elevator Maintenance Service With Otis Elevator Company At Kodiak Fisheries Research Center ORIGINATOR: Dave Conrad, E&F Director/Admin Official RECOMMENDATION: Move to authorize the Borough Manager to award Contract No. FY2024-38 to Otis Elevator Co. for Elevator Maintenance Service at the Kodiak Fisheries Research Center. DISCUSSION: The Kodiak Fisheries Research Center has an elevator that requires quarterly and annual maintenance, and elevator code required testing to continue operating. The Engineering and Facilities Department (EF) advertised the invitation to bid on the Kodiak Island Borough website beginning May 21, 2024, and advertised for three weeks in the Kodiak Daily Mirror on May 24, 31, and June 7, 2024, per the borough procurement code requirements. EF Department received three bids: one from TK Elevator and two from Otis Elevator. In the invitation to bid, it was outlined that bidders should provide a bid for the services outlined on the bid form and if applicable to provide any available tiered [pre-packaged] service information as a bid. All bids were evaluated by three KIB Staff using the evaluation scale outlined in the invitation to bid. The highest scoring bid package was the tiered service package bid from Otis Elevator with a total cost of $25,970.00 per year. This bid package provided the most value to the Kodiak Island Borough, and the EF Department recommends awarding the contract to Otis Elevator. ALTERNATIVES: 1. Take no action. 2. Reject all bids. FISCAL IMPACT: Staff is suggesting that this contract be funded from the KFRC Budget. The KFRC Budget will funds available for the start of this contract for the upcoming fiscal year. OTHER INFORMATION: Kodiak Island Borough Contract No. FY2024-38 Approval For Elevator Maintenance Service With Ot... Page 19 of 151 C) 0 0 Kodiak Island Borough CD Bid Tabulation KIB Elevator Maintenance Services Bid Opening: 6/17/2024 - 2:00 pm A B c D E F G Bids scored out of 100 pts total for each. Base Bid Tiered Package Parts Mark-Up (%) Evaluator #1 Evaluator #2 Evaluator #3 Average Score TK Elevator $22,040.00 no bid provided 25% 85 80 79 81.33 Otis Elevator $27,770.00 provided (below line) 20% 85 82 73 80 Otis Elevator -Tiered Package $25,970.00 20% 95 1 82 1 83 86.67 This bid tabulation is offical. Spreadsheet by P. Valerio 6/17/2024 AGENDA ITEM #14.A.1. KODIAK ISLAND BOROUGH AGREEMENT FOR ELEVATOR MAINTENANCE SERVICES Contract No. 2024-38 This Agreement made and entered into this day of , 2024, by and between the Kodiak Island Borough, hereinafter "Borough", a general law municipality and a Borough of the second class, whose address is: 710 Mill Bay Road, Kodiak, Alaska 99615, and Otis Elevator Company, whose address is , 619 E. Ship Creek #301, Anchorage, AK 99501 and licensed and qualified to do business within the State of Alaska, hereinafter called "Contractor." RECITALS A. The Borough desires the performance, provision, and accomplishment of the work, services and materials described and set forth in Part 1, Section 2. B. Contractor represents that it is ready, able, and qualified to perform, and will perform, in all respects, all of the work, services, and materials, and to otherwise perform all of the terms, covenants, conditions and provisions of the Agreement in the manner, at the times, and for the consideration hereafter provided. Now, therefore, for and in consideration of the terms, covenants, conditions, and provisions contained herein, and/or attached and incorporated herein and made a part hereof, the parties hereto agree as follows. This contract consists of: A. Part I, consisting of eighteen (18) sections of General Provisions. B. Part 11, consisting of six (6) sections of Special Provisions. C. Acknowledgements D. Exhibits: A (Invitation to Bid), B (Bid Proposal) PART GENERAL PROVISIONS Section 1: Agreement to Perform. The Borough hereby agrees to engage the Contractor, and the Contractor hereby agrees to perform, complete, provide and furnish, in a timely and proper manner, and pursuant to and in accordance with all of the terms, covenants, conditions and provisions of this Agreement, all of the work, services, labor and materials required to accomplish all of the work described in Section 2 hereof at the times, in the manner, and for the consideration and payments hereinafter set forth. Kodiak Island Borough Elevator Maintenance Services Page 1 of 15 Contract FY2024-38 Contract No. FY2024-38 Approval For Elevator Maintenance Service With Ot... Page 21 of 151 AGENDA ITEM #14.A.1. Section 2: Description of Work. The Contractor shall perform, supply, and provide all of the work, services and materials; hereinafter collectively referred to as "work", as set forth and described on Exhibit A, attached hereto and incorporated herein by this reference. The work shall be performed in accordance with Bid Proposal, copy attached as Exhibit B and incorporated herein by reference. In the event of a conflict between this contract, Exhibit A or B, the terms of this contract shall prevail, then Exhibit A, then Exhibit B. Section 3: Time for Commencement and for Completion of Work. (a) Commencement. Contractor shall commence the work called for in this Agreement upon the giving of a Notice to Proceed by the Borough. (b) Contract Term. The initial contract period will terminate on June 30, 2027, with a provision for three (3) one -(1) year extensions at the option of the Borough and depending on the availability of funding. If the Borough offers an extension the Contractor will have not more than thirty (30) days to accept or refuse the offer. The parties may mutually agree to continue services after expiration of the final term on a month-to-month basis on the same rates until a new contract can be awarded. Section 4: Financial Terms. (a) Compensation and Payment. For and in consideration of the timely and proper performance of work authorized as provided herein, the Borough shall pay the Contractor at the rates provided for in the Contractor's Proposal, which rate schedule is attached as Exhibit B and incorporated herein by reference. Payments shall be based upon invoices, which may be submitted no more frequently than monthly. (b) No Additional Work. No claim for additional work, services or materials, not specifically and expressly requested and authorized as provided for in this Agreement, or by a written amendment thereto signed by both parties, done or furnished by the Contractor, will be allowed or paid by the Borough, and Contractor expressly waives any claim therefore. (c) Availability of Funds. This contract is subject to the availability of funds lawfully appropriated for its performance. (d) The Borough may delay or withhold payments from the Contractor for any of the following reasons: 1) The application for payment misstates the amount of services completed; or 2) Defective services not remedied. In the event funds are delayed or withheld the Borough shall provide the Contractor notice of the amount withheld and the basis upon which it is withheld. Section 5: Borough's Contracting Officer. For purposes of this Agreement, the Borough's contracting officer shall be the Borough Manager or such other person as is designated in writing by the Borough Manager. Section 6: Contractor Qualified. The Contractor expressly represents and warrants it is now and shall continue to be at all times during the performance of this Agreement, the holder of all required or necessary professional, business or other licenses or permits and is qualified and Kodiak Island Borough Elevator Maintenance Services Page 2 of 15 Contract FY2024-38 Contract No. FY2024-38 Approval For Elevator Maintenance Service With Ot... Page 22 of 151 AGENDA ITEM #14.A.1. capable of performing all of the work covered or called for by this Agreement and is presently ready, able and willing to undertake and perform all of such work and services, and to supply all necessary materials and equipment, at the times, and in a non -negligent professional and workmanlike manner, and pursuant to the terms, conditions and provisions, and for the compensation and payments as herein provided. Section 7: Termination. (a) By Consent. This Agreement may be terminated in whole or in part by the mutual consent of the parties. Such consent shall be in writing. (b) Termination for Cause. This Agreement may be terminated in whole or in part in writing by Borough in the event of failure by Contractor to fulfill any of the terms and conditions of this Agreement upon the giving of not less than five (5) calendar days prior written notice of intent to terminate in the manner provided in Part 1, Section 10, hereof. (c) Termination for Convenience of Borough. This Agreement may be terminated in whole or in part in writing by the Borough for Borough's convenience provided the Contractor is given not less than thirty (30) calendar days prior written notice of intent to terminate in the manner provided in Part 1, Section 10, hereof. (d) In the event termination by the Borough is effected pursuant to (b) above, the Contractor shall not be entitled to receive any further payment until the work is completed, or the Borough elects to not proceed further with the project. Upon completion of the work, or termination of the project in the event the Borough elects to not proceed with the project, the Contractor shall be paid as follows: 1) In the event the costs and expense of taking over, re -advertising and completing the project or the costs of closing out the project if the Borough elects to not proceed with the project (hereinafter referred to as "close out costs"), exceed the remaining unpaid amount of this Agreement, any amount which was otherwise due and unpaid to Contractor at the time of termination shall be applied to such increased costs in taking over, re -advertising and completing the project, (or applied to close out costs) and the remaining amount of such costs, if any, shall be paid by the Contractor to the Borough. 2) In the event said costs and expense of taking over, re -advertising and completing the project, (or close out costs) are less than the total amount which was otherwise due and unpaid to the Contractor at the time of termination, the increased costs of taking over and completing the project (or the close out costs) shall be deducted from the amounts due the Contractor and the balance, if any, paid to the Contractor without interest. (e) Upon receipt of a termination notice pursuant to paragraphs (b), (c), or (d) above, the Contractor shall promptly discontinue all services (unless the notice directs otherwise), and deliver or otherwise make available to the Borough all data, drawings, notes, specifications, reports, estimates, summaries, work in progress, and any and all other information and/or materials as may have been accumulated by the Contractor in performing this Agreement, whether completed or in process, and free and clear of any mechanics or other liens or claims in favor of Contractor or any other person. Kodiak Island Borough Elevator Maintenance Services Page 3 of 15 Contract FY2024-38 Contract No. FY2024-38 Approval For Elevator Maintenance Service With Ot... Page 23 of 151 AGENDA ITEM #14.A.1. (f) Upon termination pursuant to paragraphs (b), (c), or (d) above, the Borough may, but shall not be required to, take over the work and prosecute the same to completion by agreement with another person or otherwise, may elect to complete the work itself, or to not proceed further with the work and project. (g) If, after termination by the Borough pursuant to (b) above, it is determined that the Contractor had not so failed, the termination shall be deemed to have been affected for the convenience of the Borough. In such event, adjustment of the amounts to be paid to Contractor for termination shall be made as provided in paragraph (f) of this Section. (h) No other damages, whether for lost profits or otherwise, other than the amounts allowed and computed as provided for in this Section 7 shall be due or payable to Contractor in the event of termination. Section 8: Conflict of Interest. The Contractor covenants, warrants and represents that the Contractor has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner with the subject matter or the performance of this Agreement. The Contractor further covenants, warrants and represents that in the performance of this Agreement, no person having any such interest shall be employed. Section 9: Assignment and Subletting Prohibited. The Contractor shall not assign, transfer, convey, pledge, hypothecate, sublet, subcontract, or otherwise dispose of or encumber this Agreement, or the rights thereunder, nor shall the Contractor delegate any of his/her/its duties hereunder without the prior written consent of the Borough. Any such attempted assignment, transfer, conveyance, pledge, hypothecation, subletting, or other disposition, or the attempted assignment, disposition or delegation of duties or rights shall be null and void and of no force or effect and shall be grounds and cause for immediate termination of this Agreement without liability by and at the option of the Borough. Section 10: Notice. (a) Any notice, demand, request, consent, approval, or other communication that either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail at the address set forth below. Either party may change its address by notifying the other party of its change of address in writing. Notice shall be deemed to have been duly made and given when delivered if served personally, or upon the expiration of twenty-four (24) hours after the time of mailing if mailed as provided in this Section. Borough: Kodiak Island Borough ATT: Engineering & Facilities 710 Mill Bay Road Kodiak, AK 99615 Contractor: Kodiak Island Borough Page 4 of 15 Otis Elevator Company 619 E. Ship Creek #301 Anchorage, AK 99501 Elevator Maintenance Services Contract FY2024-38 Contract No. FY2024-38 Approval For Elevator Maintenance Service With Ot... Page 24 of 151 AGENDA ITEM #14.A.1. (b) The performance and administration of this program and this Agreement will be monitored by the Borough and such other agencies as may be required or authorized pursuant to the terms of any grant to the Borough. Necessary reports, in proper form, will be required as a prerequisite to any payment to the Contractor. (c) All project records shall be maintained by the Contractor for not less than three (3) years after completion and final acceptance of all work by the Borough and shall be subject to inspection and copying by the Borough or any funding agency during said period. Section 11: Status of Parties. (a) Independent Contractor. The Contractor shall perform its obligations hereunder as an independent contractor of the Borough. The Borough may administer the contract and monitor the Contractor's compliance with its obligations hereunder. The Borough shall not supervise or direct the Contractor other than as provided in this Section. (b) Relationship of the Parties. Nothing herein contained shall be deemed or construed by the parties hereto, nor by any third party, as creating the relationship of principal and agent or of partnership or of joint venture between the parties hereto, it being understood and agreed that neither method of computation of payment nor any other provision contained herein, nor any acts of the parties hereto, shall be deemed to create any relationship between the parties hereto other than the relationship of Borough and an independent Contractor. Section 12: Hold Harmless and Indem (a) The Contractor shall indemnify, defend, save and hold the Borough, its officers, employees and agents harmless from any and all claims, lawsuits, liabilities, penalties, or fines, including attorney's fees and costs, allegedly arising out of, in connection with, or incident to any loss, damage or injury to persons or property occurring as a result of the Contractor's or any subcontractor's intentional misconduct or negligent acts, errors or omissions in its performance pursuant to this contract. (b) Contractor further agrees to appear and defend, and to indemnify and save free and harmless the Borough and its officers, employees and agents from and against any of the foregoing claims, liabilities, penalties, fines or damages, whether or not valid, and for any cost and expense, including reasonable attorney's fees, incurred by the Borough, its officers, employees or agents on account of any claim therefore, including claims by reasons of any defects in any plans, drawings, specifications, computer programs, technical reports, or other work product of Contractor prepared for or submitted to the Borough pursuant to this Agreement provided said claim is not based upon a use of said plans, drawings, specifications or other work product for other than the purposes for which such data was prepared and submitted to the Borough. (c) Contractor shall keep the work free from all liens and shall indemnify and defend the Borough and hold it harmless from any claims of Contractor's subcontractors or suppliers. Section 13: No Third -Party Beneficiaries. Nothing in this Agreement shall be construed to give any person other than the Borough and the Contractor any legal or equitable right, remedy or claim under this Agreement, but it shall be held to be for the sole and exclusive benefit of the Borough and the Contractor. Kodiak Island Borough Elevator Maintenance Services Page 5 of 15 Contract FY2024-38 Contract No. FY2024-38 Approval For Elevator Maintenance Service With Ot... Page 25 of 151 AGENDA ITEM #14.A.1. Section 14: Compliance with Laws and Regulations. Contractor shall, at Contractor's sole cost and expense, comply with all of the requirements of all local, state, or federal laws, ordinances, or regulations now in force, or which may hereafter be in force, pertaining to this Agreement, or the project or work to be performed, and shall faithfully observe in the performance of this Agreement, all local, state, and federal laws, ordinances and regulations now in force or which may hereafter be in force. When a change in laws, ordinances or regulations results in additional costs, the Contractor may request a change order to cover those costs. Any such change order shall be limited to the Contractor's actual additional costs as a result of the change. The Contractor shall pay all taxes pertaining to its performance under this contract. Section 15: Successors and Assigns. Except as otherwise provided herein, the covenants, agreements and obligations herein contained shall extend to bind and inure to the benefit not only of the parties hereto but their respective personal representatives, heirs, successors and assigns. Section 16: Miscellaneous. (a) Terminology. Whenever herein the singular number is used, the same shall include the plural, and the masculine gender shall include the feminine and neuter genders. (b) Law Applicable. The laws of the State of Alaska shall govern the construction, validity, performance and enforcement of this Agreement. Venue as to any action, claim, or proceeding arising out of, or based upon this Agreement, including, but not limited to, any action for declaratory or injunctive relief, shall be the appropriate Court sitting in the City of Kodiak, Third Judicial District, Alaska. (c) Paragraph Headings. The headings of the several sections and subsections contained herein are for convenience only and do not define, limit, or construe the contents of such sections and subsections. (d) Terms Construed as Covenants and Conditions. Every term and each provision of this Agreement performable by Contractor shall be construed to be both a covenant and a condition. (e) Time of the Essence. Time is of the essence of each term, condition, covenant, and provision of this Agreement. (f) Severability. In the event any provision of this Agreement is adjudicated or held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. (g) Nonwaiver. No delay or omission of the right to exercise any power by either party shall impair any such right or power, or be construed as a waiver of any default or as acquiescence therein. One or more waivers of any covenant, term, or condition of this Agreement by either party shall not be construed by the other party as a waiver of a subsequent breach of the same covenant, term or condition. The consent or approval by either party to any act by the other party of a nature requiring consent or approval shall not be deemed to waive or render unnecessary consent to or approval of any subsequent similar act. Section 17: Amendment. (a) This contract shall only be amended, modified, or changed by writing, executed by authorized representatives of the parties. Kodiak Island Borough Elevator Maintenance Services Page 6 of 15 Contract FY2024-38 Contract No. FY2024-38 Approval For Elevator Maintenance Service With Ot... Page 26 of 151 AGENDA ITEM #14.A.1. (b) For the purpose of any amendment modification or change to the terms and conditions of this contract, the only authorized representatives of the parties are: 1) Kodiak Island Borough, Borough Manager or designee 2) Otis Elevator Company, Melissa Davidson, Senior Account Manager (c) Any attempt to amend, modify, or change this contract by either an unauthorized representative or unauthorized means shall be void. Section 18: Entire Agreement. This Agreement and any schedules, appendices or exhibits attached hereto sets forth all the covenants, promises, agreements, conditions, and understandings between the parties hereto, and there are no covenants, promises, agreements, conditions or understandings, either oral or written, between them other than as herein set forth. Except as herein otherwise expressly provided, no contemporaneous or subsequent agreement, understanding, alteration, amendment, change or addition to this Agreement, or any schedule, appendix, exhibit, or attachment thereto shall be binding upon the parties hereto unless reduced to writing and signed by both parties. This Agreement constitutes a final, complete, and exclusive statement of the agreement between the parties. PART II SPECIAL PROVISIONS Section 1: Insurance. (a) During the entire period of the project or work, the Contractor shall provide the following types of insurance. The Borough shall be insured as additional insured on all insurance policies except professional liability contracts. All policies shall have a thirty (30) day cancellation clause. Comprehensive automobile liability, bodily injury, and property damage, including all owned, hired and non -owned, automobile - $1,000,000 per each accident Workers' compensation as required by law and employer's liability coverage at a minimum of $1,000,000. 3. Commercial general liability insurance - $1,000,000 per occurrence and $2,000,000 aggregate. (b) Each policy of insurance required by this Section shall provide for no less than thirty (30) days' advance notice to the Borough prior to cancellation. Insurance certificates will be required to be submitted for review by the Borough Manager before the Borough will issue a notice to proceed. Failure to maintain coverage is a material breach and grounds for termination of the contract. (c) Should the Contractor fail to comply with the insurance requirements of this Agreement, the Kodiak Island Borough may terminate the Agreement on ten (10) days written notice. Section 2: Equal Employment Opportunity. Kodiak Island Borough Page 7 of 15 Elevator Maintenance Services Contract FY2024-38 Contract No. FY2024-38 Approval For Elevator Maintenance Service With Ot... Page 27 of 151 AGENDA ITEM #14.A.1. (a) The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, disability, national origin, ancestry, age, or sex. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, disability, national origin, ancestry, age, or sex. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. (b) The Contractor shall state in all solicitations or advertisements for employees to work on contract jobs to be let in the performance of this Agreement, that all qualified applicants will receive consideration for employment without regard to race, color, religion, disability, national origin, ancestry, age, or sex. (c) The Contractor agrees to fully cooperate with the office or agency of the State of Alaska which seeks to deal with the problem of unlawful or invidious discrimination, and with all other State efforts to guarantee fair employment practices under this Agreement, and said Contractor will comply promptly with all requests and directions from the State Commission of Human Rights or any of its officers or against relating to prevention of discriminatory employment practice. (d) Full cooperation as expressed in the foregoing clause (c) shall include, but not be limited to, being a witness in any proceeding involving questions of unlawful or invidious discrimination if such is deemed necessary by any official or agency of the State of Alaska, permitting employees of said Contractor to be witnesses or complainants in any proceeding involving questions of unlawful or invidious discrimination, if such is deemed necessary by any official or agency of the State of Alaska, or the Borough, participating in meetings, submitting periodic reports on the equal employment aspects of present and future employment, assisting in inspection of relevant facilities, and promptly complying with all State directives deemed essential by any office or agency of the State of Alaska, or the Borough, to insure compliance with all federal and state laws, regulations, and policies pertaining to the prevention of discriminatory employment practices. (e) Failure to perform any of the above agreements pertaining to equal employment opportunities shall be deemed a material breach of the contract and sufficient grounds for termination of this Agreement for cause without liability. Section 3: Contractor Responsible for Personnel. The Contractor has or will secure, at Contractor's own cost and expense, all personnel required to perform this Agreement in a timely and proper manner. The parties hereto agree and understand that such personnel shall in no event be deemed to be, and are not, employees, agents, or representatives of the Borough and such persons shall have no contractual or other relationship with the Borough, and the Borough shall have no responsibility or liability whatsoever to any of said persons, or for the acts or omissions of any of such persons. Section 4: Personnel Supervision. Contractor agrees that all work and services required or provided under this Agreement shall be performed personally by the Contractor, unless otherwise authorized in writing by the Kodiak Island Borough Elevator Maintenance Services Page 8 of 15 Contract FY2024-38 Contract No. FY2024-38 Approval For Elevator Maintenance Service With Ot... Page 28 of 151 AGENDA ITEM #14.A.1. Borough's contracting officer, and in such event all personnel engaged in any such work shall be fully qualified, and shall be licensed and authorized under applicable state, federal and local laws to perform such services. Section 5: Corporate Authority. If Contractor is a corporation, Contractor shall deliver to the Borough at the time of execution of this Agreement a certified copy of a resolution of its board of directors authorizing the execution of this Agreement and naming the officers that are authorized to execute this Agreement on behalf of the corporation. Section 6: Additional Terms and Conditions. This Agreement is subject to each of the additional terms, covenants, conditions, and provisions outlined in the scope of work attached hereto as Exhibit A, which are hereby expressly referred to and incorporated herein as though set forth in full. Kodiak Island Borough Page 9 of 15 Elevator Maintenance Services Contract FY2024-38 Contract No. FY2024-38 Approval For Elevator Maintenance Service With Ot... Page 29 of 151 written. AGENDA ITEM #14.A.1. ACKNOWLEDGMENTS Wherefore the parties have entered into this Agreement the date and year first above KODIAK ISLAND BOROUGH: Date: Bv: Kodiak Island Borough Page 10 of 15 Aimee Williams Borough Manager ATTEST: Bv: Nova M. Javier Borough Clerk APPROVED AS TO FORM: By: Scott A. Brandt -Erichsen Borough Attorney CONTRACTOR: By: Name: Otis Elevator Co., Owner/Operator Elevator Maintenance Services Contract FY2024-38 Contract No. FY2024-38 Approval For Elevator Maintenance Service With Ot... Page 30 of 151 AGENDA ITEM #14.A.1. BOROUGH ACKNOWLEDGMENTS STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 2024, 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 to be the Borough Manager of the Kodiak Island Borough, a municipal corporation, the corporation which executed the above and foregoing instrument; who on oath stated that he was duly authorized to execute said instrument on behalf of said corporation; who acknowledged to me that he signed the same freely and voluntarily on behalf of said corporation for the uses and purposes therein mentioned. WITNESS my hand and official seal the day and year in the certificate first above written. (Seal) STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) NOTARY PUBLIC FOR ALASKA My Commission Expires: THIS IS TO CERTIFY that on this —day of , 2024, before me, the undersigned, a notary public in and for the State of Alaska, duly commissioned and sworn, personally appeared Nova M. Javier, to me known to be the Borough Clerk of the Kodiak Island Borough, a municipal corporation, the corporation which executed the above and foregoing instrument; who on oath stated that she was duly authorized to execute said instrument on behalf of said corporation; who acknowledged to me that she signed the same freely and voluntarily on behalf of said corporation for the uses and purposes therein mentioned. WITNESS my hand and official seal the day and year in the certificate first above written. (Seal) Kodiak Island Borough Page 11 of 15 NOTARY PUBLIC FOR ALASKA My Commission Expires: Elevator Maintenance Services Contract FY2024-38 Contract No. FY2024-38 Approval For Elevator Maintenance Service With Ot... Page 31 of 151 ACKNOWLEDGMENT LIMITED LIABILITY COMPANY STATE OF ALASKA ) ss. THIRD JUDICIAL DISTRICT AGENDA ITEM #14.A.1. I, , a Notary Public, in and for the State of , hereby certify that I whose name as manager/member of LLC., is signed to the foregoing instrument and who is known to me, acknowledged before me on this day that, being informed of the contents of the instrument, he or she, as such officer and with full authority, executed the same voluntarily for and as the act of said limited liability company. WITNESS my hand and official seal the day and year in this certificate above written. (Seal) NOTARY PUBLIC FOR ALASKA My Commission Expires: _ CORPORATE CERTIFICATE I, , certify that I am the Secretary of the Corporation named as Contractor in the foregoing instrument; that , who signed said instrument on behalf of the Contractor, was then of said Corporation; that said instrument was duly signed for and on behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. Signature Kodiak Island Borough Page 12 of 15 Elevator Maintenance Services Contract FY2024-38 Contract No. FY2024-38 Approval For Elevator Maintenance Service With Ot... Page 32 of 151 AGENDA ITEM #14.A.1. CORPORATE ACKNOWLEDGMENT STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 2024, before me, the undersigned, a Notary Public in and for the State of duly commissioned and sworn, personally appeared (Name) and (Name) known to be the President and Secretary of the corporation which executed the above and foregoing instrument, and who on oath stated they were duly authorized to execute said instrument and acknowledged that they signed the same freely and voluntarily on behalf of said corporation for the purposes therein mentioned. WITNESS my hand and official seal the day and year in this certificate above written. (Seal) NOTARY PUBLIC FOR ALASKA My Commission Expires: Kodiak Island Borough Elevator Maintenance Services Page 13 of 15 Contract FY2024-38 Contract No. FY2024-38 Approval For Elevator Maintenance Service With Ot... Page 33 of 151 ecu 311r_1 INVITATION TO BID Kodiak Island Borough Page 14 of 15 AGENDA ITEM #14.A.1. Elevator Maintenance Services Contract FY2024-38 Contract No. FY2024-38 Approval For Elevator Maintenance Service With Ot... Page 34 of 151 WN: 11 311i= CONTRACTOR'S BID PACKAGE AS SUBMITTED Kodiak Island Borough Page 15 of 15 AGENDA ITEM #14.A.1. Elevator Maintenance Services Contract FY2024-38 Contract No. FY2024-38 Approval For Elevator Maintenance Service With Ot... Page 35 of 151 AGENDA ITEM #14.A.1. OTIS Otis Elevator Company 619 East Ship Creek #001 Anchorage. AK 99501 907.278.4575 phone 907.279 4125 fax June 14, 2024 To: Kodiak Island Borough — Elevator Maintenance Services Re: Tiered Service Package Option Attn: Patricia Valerio From: Melissa Davidson with Otis Elevator We welcome you to consider our Otis Maintenance Agreement at a discounted price. Please see the attached Tiered Service Level as attachment #1. Breakdown of costs: Elevator Maintenance Services Description Estimated Bid Rate Annual Quantity Category 1 - Elevator Maintenance, Inspection, and Service (Required 4 $ 750.00 X LJ Quarterly) = Q, oo Category 5 Testing (Within Contract 1 $ 6,800.00 Term) Hourly Rate for Certified Technician 20 $385 x 20 = $7,700 Overtime Rate for Certified Technician 2 $770 x 2 = $1540 Hourly Rate for Crew 5 $770 x 5 = $3850 Overtime Rate for Crew 2 $1540 x 2= $3080 Parts Mark Up 20% Total Base Bid $ 25t4 -7D-00 Warm regards, Melissa Davidson Otis Elevator Senior Account Manager 907-830-4859 Contract No. FY2024-38 Approval For Elevator Maintenance Service With Ot... Page 36 of 151 AGENDA ITEM #14.A.1. 111 Signature ` Seri ice Signature Contract PAYMENT & Price and term of agreement followed by the signatory area and billing NO ACCEPTANCE information Otis Elevator Company M: For emergencies: OTISLINE" Customer Care 800.233.6847 619 E SHIP CREEK AVE #301 ANCHORAGE, AK 99501 otis.com OTIS Confidential Contract No. FY2024-38 Approval For Elevator Maintenance Service With Ot... Page 37 of 151 ACCOUNT NAME & Kodiak Fisheries Research Center ADDRESS 301 Research Ct f; 1 Signature Kodiak, AK 99615 Service CUSTOMER NAME 8 Patricia Valerio CONTACT INFO r pvalerio@kodiakak.us . • . • CONTRACT MAINTENANCE Overview of your preventative maintenance plan and which parts are included ans RELIABILITY & Details concerning the level of coverage you have along with Otis' method RESPONSIVENESS for ensuring timely dispatching and parts availability to meet your needs 00 COMMUNICATION Summary of the many ways for you to communicate with us and receive f 1f"1 information from us r� SAFETY & Safety is our number one priority- this section includes an outline of safety ENVIRONMENT features and activities pertaining to your equipment m SCHEDULE & Terms and conditions about our regular working hours, insurance coverage �y CLARIFICATIONS and legal requirements PAYMENT & Price and term of agreement followed by the signatory area and billing NO ACCEPTANCE information Otis Elevator Company M: For emergencies: OTISLINE" Customer Care 800.233.6847 619 E SHIP CREEK AVE #301 ANCHORAGE, AK 99501 otis.com OTIS Confidential Contract No. FY2024-38 Approval For Elevator Maintenance Service With Ot... Page 37 of 151 Otis Maintenance 6/13/2024 CUSTOMER NAME Kodiak Fisheries Research Center 301 Research Ct Kodiak, AK 99615 PROJECT LOCATION Kodiak Fisheries Research Center 301 Research Ct Kodiak, AK 99615 OTIS ELEVATOR COMPANY 619 E SHIP CREEK AVE #301 ANCHORAGE, AK 99501 PROPOSAL NUMBER QTE-001932083 AGENDA ITEM #14.A.1. Signature Service Otis Elevator Company or "we" agree to furnish Otis Maintenance to Customer or "you" on the equipment ("Units") described below as set forth in this Contract. EQUIPMENT DESCRIPTION No Of Units Type Of Units Manufacturer Hydraulic Dover Customer Designation Only Elev Machine Number UNIT -00121 1366 CONTRACT PRICE The contract gross price is two hundred fifty dollars ($250.00) per month, payable quarterly in arrears. If you select a different payment frequency, please initial next to the additional cost/discount to be applied to your contract price. Billing Frequency Additional Cost/Discount Initial to Accept Monthly +1% Semi-annually -2% Annually -3% TERM & RENEWAL The Commencement Date will be 7/1/2024. The initial term of this Contract will be for four (4) year(s) beginning on the Commencement Date. This Contract will automatically renew for successive one (1) year terms unless terminated by either party by giving written notice to the other party at least 60 days, but no more than 120 days prior to the end of the then -current term. Page i 2 Contract No. FY2024-38 Approval For Elevator Maintenance Service With Ot... Page 38 of 151 AGENDA ITEM #14.A.1. Signature Sere ice PAYMENT Payments will be due and payable quarterly in arrears for the term of the Contract, in accordance with the payment instructions on your invoice. The work shall be performed for the agreed price plus any applicable sales, excise or similar taxes as required by law. In addition to the agreed price, you shall pay to us any future applicable tax imposed on us, our suppliers or you in connection with the performance of the work described. INVOICE DELIVERY The standard method of invoice delivery is via email. Please provide your email address(es) in the bill to section of this document. You agree to immediately update us with any changes to the invoice delivery email address(es). If you wish to receive your invoices via Mail, an additional fee of $5.00 per month will be added to your monthly contract price. Alternate Invoice Delivery Method Additional Cost Initial to Accept Mail $5.00 AUTOPAY Visit https://otis.payinvoicedirect.com to register for autopay to automatically debit your bank account for your invoice payments. PRICE ADJUSTMENT The Contract Price will not adjust for the initial term. OTIS MAINTENANCE MANAGEMENT SYSTEMTM (OMMSTM) We will use the Otis Maintenance Management System (OMMSTM) preventative maintenance program to deliver service tailored to your specific building needs. Equipment type, component life, equipment usage, and building environment will be taken into account by the OMMSTM scheduling system, which will be used to plan maintenance activities in advance. MAINTENANCE Otis will maintain the Units using trained personnel directly employed and supervised by us, or through the use of remote monitoring or other technology in Otis' sole discretion. Without affecting our obligation to provide service under this Contract, you agree to permit us to train our personnel on the Units. The maintenance will include inspection, lubrication, and adjustment of the following parts: • Controller parts, selectors and dispatching equipment, relays, solid-state components, transducers, resistors, condensers, power amplifiers, transformers, contacts, leads, dashpots, timing devices, computer and microcomputer devices, steel selector tapes, mechanical and electrical driving equipment, signal lamps, and position indicating equipment. • Door operators, car door hangers, car door contacts, door protective devices, load weighing equipment, car frames, car safety mechanisms, platforms, car and counterweight guide shoes including rollers and gibs, and emergency car lighting. • Hoistway door interlocks and hangers, bottom door guides, and auxiliary door closing devices. • Machines,' worms, gears, thrust bearings, drive sheaves, drive sheave shaft bearings, brake pulleys, brake coils, contacts, linings, and component parts. • Motors, brushes, brush holders, and bearings. • Governor components, governor sheaves and shaft assemblies, bearings, contacts, governor jaws, deflector or secondary sheaves, car and counterweight buffers, car and counterweight guide rails, Page 1 3 Contract No. FY2024-38 Approval For Elevator Maintenance Service With Ot... Page 39 of 151 AGENDA ITEM #14.A.1. .: Signature Service car and counterweight sheave assemblies, top and bottom limit switches, governor tension sheave assemblies, and compensating sheave assemblies. Pumps, pump motors, operating valves, valve motors, leveling valves, plunger packings, exposed piping, above ground plungers and cylinders, and hydraulic fluid tanks. Escalator handrails, handrail drive chains, handrail brush guards, handrail guide rollers, alignment devices, steps, step treads, step wheels, step chains, step axle bushings, comb plates, floor plates, tracks, external gearing, and drive chains. Escalator upper drives, upper drive bearings, tension sprocket bearings, upper newel bearings and lower newel bearings, demarcation lights, and comb lights. Replacing wire rope and coated steel belts, equalizing the tension on hoisting ropes, resocketing ropes for drum machines, or repairing or replacing conductor cables and hoistway and machine -room elevator wiring is excluded. No service other than that specifically stated as covered is included or intended. PARTS COVERAGE Unless excluded elsewhere in the Contract if necessary, due to normal usage and wear, Otis will repair or replace the parts specified above at its sole discretion. Any parts under this Contract requiring replacement will be replaced with parts selected by Otis. PARTS INVENTORY Otis will, during the term of this Contract, use commercially reasonable efforts to maintain a supply of frequently used replacement parts and lubricants selected by Otis to meet the specific routine requirements of the Units. Any such parts or items shall remain our property until installed in the Units. QUALITY CONTROL Otis will periodically conduct field audits of our personnel and the Units to maintain quality standards. Otis field engineers will provide technical assistance, technical information, and ASME A17.1 Code ("Code" or "Elevator Code") consultation to support our maintenance organization. CUSTOMER REPRESENTATIVE As a service to you, and at your request, an Otis representative will be available to discuss with you about modernization, traffic handling ability, recommendations and requirements of Code authorities, proper use and care of the Units, and the OMMSTM program. There is no additional charge for this consulting service, but by making this service available to you, Otis does not assume any duty to warn and you agree to not hold or seek to hold Otis responsible or liable whatsoever in connection with, arising out of, or related to any recommendation or alleged duty to or failure to warn. REPORTS - CUSTOMER PORTAL We will use the OMMSTM program to record completion of maintenance procedures. We will, at your request, provide you access to the Customer Portal, our proprietary customer interface that permits you to access electronic records of repair, completed maintenance procedures and service call history for the Unit(s) during the prior twelve (12) months. You will be responsible for obtaining Internet access to use the Customer Portal. SAFETY We will conduct safety tests only if required by the applicable Elevator Code in effect on the Commencement Date of the initial term. Tests that are subsequently required by the applicable Elevator Code or authority having jurisdiction are not covered under this Contract, but may be performed for an additional charge which shall be presented at the time of request to perform any such additional test. We will instruct our personnel to use appropriate personal protection equipment and follow safe work practices. Page 1 4 Contract No. FY2024-38 Approval For Elevator Maintenance Service With Ot... Page 40 of 151 AGENDA ITEM #14.A.1. f= Signature Service SAFETY TESTS - HYDRAULIC ELEVATORS We will conduct an annual no load test and annual pressure relief valve test FIREFIGHTERS' SERVICE TEST If the equipment has firefighters' service, you assume responsibility for performing and keeping a record of any Code required tests and for the maintenance, functioning and testing of the smoke and/or heat detectors. If during the initial firefighters' service test any elevator firefighters' service is found to be inoperable, the building and or you will be responsible for all of the cost associated with the repairs necessary to bring the unit in compliance with the applicable Codes. If any applicable Code or governing authority mandates that such required tests be performed by a licensed elevator mechanic, Otis will provide such testing and service for an additional charge on an open order basis. You will be responsible for the costs associated with such testing and service. 24 - HOUR DISPATCHING Otis will, at your request, provide you with access to the Customer Portal and our OTISLINETm 24-hour, year- round dispatching service. In the event a Unit malfunction occurs between regular examinations, you will be able to place a service call on the Customer Portal or through an OTISLINE'm customer service representative, who will, at your request, dispatch an examiner to perform service. In the event Otis receives an emergency call from the phone in the elevator and a passenger indicates a need for assistance, Otis shall attempt to contact a building representative for an assessment of the situation and authorization to respond to the call. If Otis is unable to reach a building representative, Otis shall respond to the emergency call from the phone in the elevator. The visit will be treated as chargeable service request. Any service required outside of normal working hours will be billed to you in accordance with the work schedule detail below. TRAVEL TIME AND EXPENSE In the event there is a service call that is deemed billable by us as being out of the maintenance scope, you agree to pay us travel time and expenses at our regular or overtime billing rates as applicable from the time of dispatch to the building under contract and return. NORMAL HOURS All maintenance procedures and repairs will be performed during our regular working hours of our regular working days for the examiners who perform the service. All lamp and signal replacements will be performed during regular examinations. For purposes of this Contract, a service request is a response by Otis to a request for service for assistance made (a) by the customer or customer representative; (b) by the building or building representative; (c) by emergency personnel ; (d) through the ADA phone line ; and/or (e) through REMTM monitoring system, for service or assistance, on an as needed basis, excluding regularly scheduled maintenance. Regular working hours: 8:00 AM - 4:30 PM. Regular working days: Monday - Friday excluding holidays. OVERTIME SERVICE REQUESTS Service requests outside of regular working hours will be billed at standard overtime rates. SPECIAL PROVISIONS Notwithstanding any other provision herein to the contrary, the following provisions shall be applicable and govern in the event of conflict: Page 1 5 Contract No. FY2024-38 Approval For Elevator Maintenance Service With Ot... Page 41 of 151 AGENDA ITEM #14.A.1. Signature Serx ice Travel Time and Expenses, and Inclement Weather • In the event of trouble calls between our regular examinations, you (the customer) agree to pay Otis for travel time and expenses, at our regular billing rates, from the dispatching point to the building under contract and return. • If during our normally scheduled service visit, an emergency callback between normal examinations or a scheduled repair trip, we find the mechanic cannot return to the dispatching point due to inclement weather, acts of god, travel delays caused by the airlines or other parties, the mechanics time and expense at our cost will be billed to the owner. VISIT FREQUENCY Otis will visit the building to perform planned, scheduled work at the frequency identified below: Unit Number Customer Designation Visit Frequency UNIT -001211366 Only Elev. Quarterly CUSTOMER BILLING RATES: Regular Time Rate Premium Time Rate Overtime Rate Mechanic 1 $385.00 $385.00 $770.00 EXCLUSIONS This Contract does not cover car enclosures (including, but not limited to, wall panels, door panels, car gates, plenum chambers, hung ceilings, lighting, light diffusers, light tubes and bulbs, handrails, mirrors and floor coverings), rail alignment, hoistway enclosures, hoistway gates, hoistway inserts and brackets, mainline disconnect switches, doors, door frames, sills, swing door hinges and closing devices, below ground or unexposed hydraulic cylinders and plungers, buried or unexposed piping, escalator balustrades, escalator lighting or wedge guards. This Contract does not cover computer and microcomputer devices, such as terminal keyboards and display units that are not exclusively dedicated to the elevator system. This Contract does not cover telephones installed by others, intercoms, heat sensors, smoke sensors, communications equipment, or safety signaling equipment, or instructions or warnings in connection with use by passengers. Further, we will not be responsible for, required, or liable: (i) to perform any tests other than those required by applicable Elevator Code in effect on the Commencement Date of the initial term; (ii) to make any replacements with parts of a different design or type or where the original item has been replaced by an item of a different design; (iii) to make any changes in the existing design of the Units; (iv) to alter, update, upgrade or modernize Units, whether recommended or directed by governmental authorities or by any third party; (v) to make repairs or replacements necessitated by failures detected during or due to testing of the Units or buried or unexposed hydraulic cylinders or piping; (vi) to replace or repair any component or system utilizing obsolete or discontinued parts, including but not limited to parts for which the original design is no longer manufactured or available for sale by the original equipment manufacturers or that is replaceable only by fabrication or purchase from a different after -market distributor or manufacture; (vii) to replace or repair any equipment (except Screen equipment set forth below) more than twenty (20) years and one calendar day from the original installation date; (viii) to repair or replace any touch screen, touch pad, tactile pad including without limitation LCD, LED, CRT, TFT, DLP, Plasma, or OLED screens (such as, but not limited to, Otis Compass screens) (collectively "Screen") or any component or part directly connected to the Screen for up to and no more than one (1) year and one calendar day from the original installation date; (ix) to provide reconditioned or used parts; (x) to make any replacements, renewals, repairs or provide any service necessitated by reason of any cause beyond our control including, but not limited to, fire, explosion, theft, floods, water, weather, epidemic, pandemic, quarantine, earthquake or other act of nature or God, vandalism, misuse, abuse, mischief, or repairs by others. Otis will not be required Page i 6 Contract No. FY2024-38 Approval For Elevator Maintenance Service With Ot... Page 42 of 151 AGENDA ITEM #14.A.1. Sh;naiure �.Seri ice to make renewals or repairs necessitated by fluctuations in the building AC power systems, adverse hoistway or machine room conditions (including temperature variations below 60 degrees and above 90 degrees Fahrenheit), or excessive humidity. UPGRADES The options and features associated with the service for your unit are priced based upon options and features selected by you and available on your contract start date. Additional features and options released after your contract start date may not be available to you or may be made available to you only at additional cost. These features are designed to operate in the current technological environment. OTIS SERVICE EQUIPMENT, SOFTWARE, AND ANALYTICS Any counters, meters, tools, machinery, remote monitoring devices, or communication devices which we may use or install under this Contract remain our property, solely for the use of Otis employees. Such service equipment is not considered a part of the Units. You grant us the right to store or install such service equipment in your building and to electrically connect it to the Units. You will restrict access to the service equipment to authorized Otis personnel. You agree to keep the software resident in the service equipment in confidence as a trade secret for Otis. You will not permit others to use, access, examine, copy, disclose or disassemble the service equipment or the software resident in the service equipment for any purpose whatsoever. If the Contract or service is terminated for any reason, we will be given access to your premises to remove the service equipment, including the resident software, at our expense. Software owned by Otis may be embedded in parts or otherwise provided by Otis as part of this Contract. Otis grants to you the non-exclusive right to use this software only for operation of the units for which the part was provided. You may not otherwise copy, display, adapt, modify, distribute, reverse assemble, reverse compile, disassemble, decompile, or otherwise translate the software. You will not transfer possession of the software except as part of a transfer of ownership of the Units and the assumption of the rights and obligations under this Contract by the transferee. Otis may at its sole and absolute discretion employ remote diagnostics and predictive analytics to provide customized service and improve efficiency and increase your satisfaction ("Otis Service Software" or "Service Software"). The Otis Service Software is an Otis trade secret deployed pursuant to your service contract to enhance our efficiency and your experience with Otis service. The data generated by these Otis service diagnostic and predictive analytical tools shall be and remain the property of Otis. You agree to keep the Service Software in confidence and proprietary to Otis. You will not permit others to use, access, examine, copy, disclose, reverse engineer, decompile or disassemble the Service Software for any reason. Upon termination of this Contract, regardless of the reason, Otis may disable either remotely and/or via onsite visit (which you hereby permit) such Service Software. You retain your rights to any software not provided by Otis contained in the Units and agree to allow Otis to make one backup or archival copy of such software. QUALITY AUDITS Otis may periodically conduct audits not only to assess the functionality of your equipment, but also to assess more broadly Otis product and service offerings, to understand usage, performance, or to simply evaluate the products and determine next generation. Otis shall own this information. This audit activity may be done on-site by Otis personnel or remotely through Otis Service equipment installed on your unit depending upon the audit purpose. MAINLINE DISCONNECTS You agree to engage a qualified electrician on an annual basis to service the elevator mainline disconnects located in the elevator equipment room. Page 1 7 Contract No. FY2024-38 Approval For Elevator Maintenance Service With Ot... Page 43 of 151 AGENDA ITEM #14.A.1. Signature Serx ice ACCESS You agree to provide us with a safe workplace as well as unrestricted ready and safe access to all areas of the building in which any part of the Units are located and to keep all machine rooms and pit areas free from water, stored materials, debris, and other potentially hazardous conditions. ENVIRONMENTAL PROTECTION Otis has practices in place to reduce generation of waste materials, to minimize risks to the environment, customers, the general public and Otis employees, and to comply with federal and state environmental laws and regulations. Material Safety Data Sheet (MSDS) Manuals are available for review at your request. You assume responsibility for and agree to remove and remediate any waste or hazardous materials including but not limited to hydraulic oil spills, asbestos, or other hazardous materials in accordance with applicable laws and regulations. MALFUNCTIONING UNITS OR DANGEROUS CONDITIONS If any Unit is malfunctioning or is in a dangerous condition, you agree to immediately notify us using the 24- hour OTISLINETM service. Until the problem is corrected and the malfunction or dangerous condition is eliminated, you agree to remove the Unit from service and take all necessary precautions to prevent access or use. INSTRUCTIONS / WARNINGS You agree to properly post, maintain, and preserve any and all instructions or warnings to passengers in connection with the use of any Units. LOCK OUT / TAG OUT ("LOTO") In furtherance of OSHA's directive contained in 29 C.F.R. § 1910.147(f) (2) (i), which requires that a service provider (an "outside employer") and its customer (an "on-site employer") must inform each other of their respective lock out/tag out ("LOTO") procedures whenever outside servicing personnel are to be engaged in control of hazardous energy activities on the customer's site, Otis incorporates by reference its mechanical LOTO procedures and its electrical LOTO procedures. These procedures can be obtained at www.otis.com by clicking on "Tools & Resources" on the home page, selecting "Lockout Tagout Policy" under the "Safety Information" column and downloading the "Lockout Tagout Policy Otis 6.0" and "Mechanical Energy Policy Otis 7.0," or the then most current version, both of which are in .pdf format. You agree that you will disseminate these procedures throughout your organization to the appropriate personnel who may interact with Otis personnel while Otis personnel are working on site at your facility and will ensure that such personnel comply with these LOTO procedures while Otis personnel are working on site. WIRING DIAGRAMS You agree to provide us with current wiring diagrams reflecting all previously made changes for Units covered by this Contract to facilitate proper maintenance of the equipment as set forth in this Contract. Otis shall maintain the wiring diagrams so that they properly reflect any changes made by Otis to the equipment. These diagrams will remain your property. SERVICE TOOLS You are responsible to secure our right to use any special service tools required to maintain your non- Otis equipment. These tools must be provided prior to us beginning maintenance on such equipment. RESPONSIBILITY FOR THE UNITS It is agreed that Otis does not assume possession or control of the Units, that such Units remain yours solely as owner and operator, lessee, or agent of the owner or lessee, and that you are solely responsible for all requirements imposed by any federal, state, or local law, Code, ordinance or regulation. Page i 8 Contract No. FY2024-38 Approval For Elevator Maintenance Service With Ot... Page 44 of 151 AGENDA ITEM #14.A.1. l� Ij , � Signature 4_ � Seri -ice APPLICABLE CODE AND VIOLATIONS Notwithstanding any other provision to the contrary (including without limitation provisions regarding order of precedence) whether in this document or any other contract document, Otis' work shall be performed in accordance with the applicable law, code, or regulation in effect on the date that Otis submitted to you it's initial proposal and not any subsequently changed, amended, altered, or implemented law, code, or regulation. You assume responsibility for the cost of correcting all Elevator Code violations existing as of the Commencement Date, as well as throughout the duration of the Contract. If such Elevator Code violations or other outstanding safety violations are not corrected in accordance with this Contract, Otis may, in addition to any other remedies resulting from material breach of your obligations hereunder, with respect to the equipment not meeting Elevator Code requirements, cancel and remove such equipment from this Contract without penalty to Otis by providing thirty (30) days written notice. THIRD PARTY INTERFACE Should you require us to interface with a third party, Otis will add an appropriate fee to cover the additional cost associated with this service. ELECTRICAL AND LIGHTING REQUIREMENTS You agree to provide a grounded, 3 -prong electrical system and proper lighting in the machine rooms and pits. ACCIDENT You will provide Otis with written notice within twenty-four (24) hours after occurrence of any accident or incident in or about the elevator (s) and/or escalator(s) that leads to any injury or is alleged to cause any injury. You will provide such written notice to us, and if required by law, to any local authorities. You further agree to preserve any parts that are replaced after such an incident. ENTRAPMENT In the event of an entrapment, you will call Otis and wait for a trained and licensed elevator mechanic to arrive, except for a medical emergency situation where it may be appropriate to summon a professional first responder such as police or firemen. You agree that your agents, contractors, employees or representatives shall not attempt to extricate any passengers from an elevator that becomes stalled within the hoistway. Any entrapment responded to by Otis shall be treated as a chargeable service request unless otherwise deemed covered under this Contract by Otis. ALTERATIONS You will not allow others to make alterations, additions, adjustments, or repairs to the units. TELEPHONE Otis shall not be liable for any claim, injury, delay, death or loss or property, or damage resulting from telephone equipment failure, false alarms, interruption of telephone service, or "no voice calls", i.e. calls from inside the equipment to OTISLINETM where there is no verbal response to the OTISLINErm operator. It is your responsibility to maintain the telephone equipment and have a representative available to receive and respond to OTISLINErm calls. PRIVACY The products and/or services being provided may result in the collection of Personal Information. The Parties will comply with applicable Data Privacy Laws as they pertain to personal information processed in connection with activity under this Contract. "Personal Information" shall mean information and data exchanged under this Contract related to an identifiable natural person. "Processing" of Personal Page 1 9 Contract No. FY2024-38 Approval For Elevator Maintenance Service With Ot... Page 45 of 151 AGENDA ITEM #14.A.1. Signature Serx ice Information shall mean the operation or set of operations whether automated or not, performed on Personal Information such as collecting, recording, organizing, structuring, storing, adapting, altering, retrieving, consulting, using, disclosing, sharing or erasing. "Controller" shall mean the party that determines the purposes and means of processing Personal Information. With respect to any Personal Information provided by you to Otis, you shall be the Controller and you warrant that you have the legal right to share such Personal Information with Otis and you shall be responsible for all obligations relating to that data, including without limitation providing notice or obtaining consent as maybe required bylaw. Once you have lawfully provided Personal Information to Otis, you and Otis shall become co -Controllers. Otis may share such Personal Information internally, across borders and with service providers in accordance with applicable Data Privacy Laws. Otis may transfer information subject to corporate rules of its parent company. Otis may store Personal Information provided by you on servers located and accessible globally by Otis or its parent and their services providers. The parties agree to cooperate and to take reasonable commercial and legal steps to protect Personal Information against undue disclosure. In this regard each party shall notify the other in the event of a data breach, which shall include the actual or unauthorized access to or possession of, or the loss or destruction of, Personal Information, whether intentional or accidental. The party whose system was compromised in the data breach incident shall be responsible for any notifications and associated costs. Should either party receive in any form, (i) a complaint or allegation indicating a violation of applicable data privacy law, (ii) a request seeking access to correct or delete Personal Information or (iii) an inquiry or complaint related to the processing of personal information, said party shall take reasonable commercial steps to immediately notify the other party. PURCHASE ORDERS Any purchase order issued by you in connection with services to be provided by Otis shall be deemed to be issued for your administrative or billing identification purposes only, and shall not be binding upon Otis under any circumstance. The parties agree that the terms and conditions contained herein will exclusively govern the services to be provided. MATERIAL BREACH BY CUSTOMER Failure to pay any sum due by you within sixty (60) days will be considered a material breach under this Contract. You agree to pay a late charge from the date such sums become due of one and one-half percent (1.5%) per month (18% per annum), or the highest legally permitted rate, whichever is less, on any balance past due for more than thirty (30) days, together with all costs (including, but not limited to, legal fees) incurred by us to collect any overdue amounts. In addition, the following events shall constitute a material breach of your obligations under this Contract: (1) failure to notify Otis of a dangerous condition or malfunction, or for a Unit that has a dangerous condition or is malfunctioning, to take the unit out of service; (2) failure to provide unrestricted and safe access to all areas of the building in which any part of the Units are located; (3) failure to provide a safe workplace or failure to adhere to our safety requirements; (4) failure to remove hazardous waste; (5) failure to adhere to lock-out/tag-out procedures; (6) failure to upgrade, improve or modernize the Units if Otis reasonably determines that such Units are unsafe to employees, inspectors or the riding public without such upgrades, improvements or modernization; and/or (7) failure to correct Elevator Code violations. In the event of a material breach by you, Otis shall be entitled to immediately suspend the affected Units or terminate service without prejudice to Otis, at its sole discretion. TERMINATION FOR CUSTOMER'S BREACH If this Contract is terminated for your material breach or for any reason other than our own default, you agree to immediately pay as liquidated damages, fifty percent (50%) of the remaining amount due under the current term of this Contract. The parties agree that quantifying Otis' losses arising from your material breach or premature termination would be difficult and uncertain, and further agree that the agreed upon formula is not a penalty, but rather a reasonable measure of Otis' damages which are based on Otis' experience in the elevator service industry and the losses that may result from such premature termination or material breach of this Contract. Page 1 10 Contract No. FY2024-38 Approval For Elevator Maintenance Service With Ot... Page 46 of 151 AGENDA ITEM #14.A.1. Signature Service TERMINATION Either party may terminate this Contract at any time by providing 60 days written notice. TERMINATION FOR BREACH BY US You may by written notice to Otis, terminate the Contract if Otis materially fails to perform any of our substantive obligations under the Contract, and does not cure such failure within ninety (90) days after receipt of such written notice from you specifying in detail such failure. In the event of a material uncured breach of our obligations hereunder, your remedy will be limited to the amount of payments actually made in accordance with this Contract during the twelve (12) months prior to such breach. TRANSFER OF INTEREST IN PROPERTY In the event that you sell the property or your interest in the property is terminated prior to the expiration of the Contract, you agree to undertake best efforts to assign the Contract to the new owner or successor and to cause the new owner to assume your obligations under this Contract. If the new owner or successor fails to assume your obligations under the Contract, then you agree immediately to pay to Otis fifty percent (50%) of the remaining amount due under the unexpired term of the Contract as liquidated damages. The parties agree that quantifying Otis' losses arising from the failure of the new owner or successor to assume this Contract would be difficult and uncertain, and further agree that the agreed upon formula is not a penalty, but rather a reasonable measure of Otis' damages which are based on Otis' experience in the elevator service industry and the losses that may result from such failure to assume upon a transfer. FORCE MAJEURE Otis shall not be liable for any loss, damage or delay due to any cause beyond our reasonable control including, but not limited to, acts of government, strikes, lockouts, other labor disputes, fire, explosion, theft, floods, water damage, weather damage, extreme weather, traffic conditions, epidemic, pandemic, quarantine (including Covid-19), sabotage, national emergency, act of terrorism, earthquake, riot, civil commotion, war or insurrection, vandalism, misuse, abuse, mischief, or acts of God or nature. LIMITATION ON DAMAGES Other than as specifically set forth above, under no circumstances (including third party claims) will either party be liable for any indirect, special, liquidated, or consequential damages of any kind, including, but not limited to, fines or penalties, loss of profits, loss of rents, loss of good will, loss of business opportunity, additional financial costs, or loss of use of any equipment or property, whether in contract, tort, warranty or otherwise. INDEMNITY Otis shall indemnify you for damages related to accidents and injuries to persons or property only when adjudged to have been caused by Otis' sole negligence or willful misconduct. In all other instances, you shall defend, indemnify, and hold Otis harmless against all, damages, losses, costs, and expenses (including reasonable legal fees) in connection with any claims, demands, suits or proceedings made or brought against Otis arising out of or connected with the use, repair, maintenance, operation or condition of the Units or your obligations under, or material breach of, this Contract. INSURANCE Otis agrees to maintain the following insurance throughout the term of the Contract: General Liability coverage in the amount of $1,000,000 per occurrence and $2,000,000 in the aggregate; Automobile Liability in the amount of $1,000,000 Combined Single Limit for Bodily Injury and Property Damage; Worker's Compensation in accordance with applicable statutory requirements, and Employer's Liability for: (i) bodily injury by each accident, up to the $1,000,000 applicable annual limit per insured, (ii) bodily injury by disease, each employee up to the $1,000,000 applicable annual limit per insured. We shall maintain worker's compensation and employers' liability insurance covering our liability for injury or death sustained Page 1 11 Contract No. FY2024-38 Approval For Elevator Maintenance Service With Ot... Page 47 of 151 AGENDA ITEM #14.A.1. Signature Sertiice by our employees, and comprehensive general liability insurance. You shall insure that all risk insurance upon the full value of the Work and material delivered to the job site is maintained at no cost to us. Otis does not participate in SDI programs. Customer must provide Otis at least 30 days advance notice of certificate holder changes required. Your failure to provide this required notice does not release your obligations to make timely payment under this agreement in accordance with the payment terms. CERTIFICATES If either party so requires, in writing, the other party shall furnish a copy of the certificates of insurance evidencing the above insurance coverages. THIRD PARTIES We are not obligated to comply or contract with any 3rd party vendors or execute vendor forms not in alignment with our contract terms. While we are not obligated, to the extent that we agree to work with the third party vendor, it will be for administrative purposes only and any costs associated will be passed through to customer. In the event of a conflict between the terms and conditions of this agreement and vendor agreement, this document will prevail. CONFIDENTIALITY Customer shall not disclose to any third party the terms of this Contract except as required by law or as necessary for the purposes of obtaining professional legal or accounting advice. This confidentiality provision is an integral part of this Contract and is a material condition upon which this Contract is based and shall survive the termination of this Contract. ENTIRE CONTRACT This Contract constitutes the entire and exclusive agreement between us for the services to be provided and your authorization to perform as outlined herein. Except as otherwise expressly stated herein, all prior or contemporaneous oral or written representations or agreements regarding the subject matter herein not incorporated herein will be superseded. This Contract will be deemed voidable, even after execution, if it is determined at Otis' discretion that performance of the services and/or engagement in the contractual relationship/transaction will violate, or is otherwise restricted by, any and all laws, regulations and/or orders, including sanctions laws, that are applicable to Otis or otherwise apply to Otis' operations. OUT OF SCOPE SERVICES To the extent that work order or purchase order numbers are required for work not included in the scope of this agreement, you agree to provide the required information at the time of service request. Failure to provide all required valid information at the time of the service request does not release your obligations to make payment for completed out of scope services in accordance with the payment terms of this agreement. AMENDMENT This Contract may not be changed, modified, revised or amended unless in writing signed by you and an authorized representative of Otis. Further, any manual changes to this form will not be effective as to Otis unless initialed by an authorized representative of Otis. Page 1 12 Contract No. FY2024-38 Approval For Elevator Maintenance Service With Ot... Page 48 of 151 SUBMITTED BY: MELISSA DAVIDSON TITLE: Sr Assoc, Client Onboarding E-MAIL: MELISSA.DAVIDSON@otis.com Accepted in Duplicate Signed: Print Name: Title: Email: Company Name: Kodiak Fisheries Research Center ❑ Principal, Owner or Authorized Representative of Principal or Owner ❑ Agent AGENDA ITEM #14.A.1. -, Signature t Seri ice Date: (P11y1-Lq - Signed: Print Name: SIERRA STONICH Title: Manager & GM, Alaska Email: SIERRA.STONICH@otis.com Page i 13 Contract No. FY2024-38 Approval For Elevator Maintenance Service With Ot... Page 49 of 151 AGENDA ITEM #14.A.1. Signature Servile BILL TO INFORMATION ACCOUNTS PAYABLE CONTACT Company Name: Kodiak Fisheries Research Center Name: Address: Phone Number: Address 2: Email: City: Email Address for Invoice Delivery: State: Email Address for Statement Delivery (if different from above): Zip Code: TAX STATUS Are you tax exempt? (Check one) Yes No If yes, please provide tax exempt certificate PURCHASE ORDER & WORK ORDER REQUIREMENTS Contractual Services Yes No Do you require a Purchase Order to be listed on your invoices for this service agreement (Check one)? If yes to above, please provide contact for PO renewal: Name: Phone: Email Address: Purchase Order Expiration Date: Purchase Order Number: Monthly Quarterly Annual Purchase Order Renewal Frequency (Check one) Page 1 14 Contract No. FY2024-38 Approval For Elevator Maintenance Service With Ot... Page 50 of 151 NON -CONTRACTUAL SERVICES Do you require a Purchase Order to be listed on your invoices for work NOT included in this service agreement (Check one)? (If a purchase order is required for service calls to be billed, service calls will not be dispatched without a PO except in the event of an entrapment) AGENDA ITEM #14.A.1. 00 sh'natty -Sere k e Yes No PO# Value If providing a blanket PO, please provide PO# and value: WORK ORDER MANAGEMENT Yes No Do you require enrollment in a workorder management system? Please provide system name: CERTIFICATE OF INSURANCE Yes No Do you require a certificate of insurance? If yes to above, please provide the below for your certificate of insurance: Certificate Holder Name: Certificate Holder Address: Email address for delivery of certificate: (If not provided, the certificate will be sent out via standard mail to the certificate holder address) Yes No Do you require upload of your certificate to a third party site? If yes, please provide site name: Page Contract No. FY2024-38 Approval For Elevator Maintenance Service With Ot... Page 51 of 151 AGENDA ITEM #14.A.1. CORPORATE ACKNOWLEDGEMENT (To be filled in when Documents are executed in behalf of a Corporation) UNITED STATES OF AMERICA ) )ss STATE OF ALASKA ) The foregoing instrument was acknowledged before me this U.+Lx , 2024 by S % Err0. 'SAevLi Q-�- day of Giom'9kaf tito qr AAG Ka - (Name of fir) (Title of Officer) C,aK(n a"ra _ / oyer of S 9(�yG'tr COVAf'kt Corporation, on behalf of said Corporation. (Name of Corporation) T Kodiak Island Borough Page 4 of 5 Notary Public 4 o,,4,s (f/ ,t, a , e ,, My Commission Expires: 21 u STATE OF ALASKA NOTARY PUBLIC AMLNZ AkAha RudhdN My CwvdWon EVION Sep 11, 2024 Elevator Maintenance Services Attachment 2: Bid Schedule Contract No. FY2024-38 Approval For Elevator Maintenance Service With Cit... Page 52 of 151 AGENDA ITEM #14.A.1. NON -COLLUSION AFFIDAVIT (To be executed prior to award) UNITED STATES OF AMERICA ) )ss STATE OF ALASKA ) 1, 'C�, of 0-� ,, 0,eoaJe V'C j m (0," (Printed Name) (Firm Name) being duly sworn, do depose and state: I, or the firm, association or corporation of which I am a member, a bidder, on the contract to be awarded, by the Kodiak Island Borough, for the: Kodiak Island Borough Electrical Services located at Kodiak, in the State of Alaska, have not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding a connection with such contract. tr for Subscribed and sworn to this j `'C day of Jz[*-k , 20 — . STATE OF ALASKA NOTARY PUBLIC Aleft Rudisill My corrWnls m Bom Sep 11, Zo24 Kodiak Island Borough Page 5 of 5 A,6 W - Notary Public My Commission Expires: t Elevator Maintenance Services Attachment 2: Bid Schedule Contract No. FY2024-38 Approval For Elevator Maintenance Service With Ot... Page 53 of 151 AGENDA ITEM #14.A.1. Attachment 4 Page 13 of 15 CORPORATE ACKNOWLEDGMENT STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this IL day of 3-1yu 2024, before me, the undersigned, a Notary Public in and for the State of [klCis , duly commissioned and sworn, personally appeared S iewy& Sg"i a -k (Name) and (Name) known to be the -President and- Sesretafr—e' S N 0✓ the corporation which exe�NeciIV aPRov`ve" lr d foregoing instrument, and who on oath stated they were duly authorized to execute said instrument and acknowledged that they signed the same freely and voluntarily on behalf of said corporation for the purposes therein mentioned. WITNESS my hand and official seal the day and year in this certificate above written. A 1.e4- K'd- -T" u . STATE OF ALASKA Aju-t't ' 2-� (Se 1) NOTARY PUBLIC NOTARY PUBLIC FOR ALASKA, Alettle Rudisill My Commission Expires: W Cortrniseion Expires Sep 11, 2024 Kodiak Island Borough Page 13 of 15 Elevator Maintenance Services Contract FY2024-XX Contract No. FY2024-38 Approval For Elevator Maintenance Service With Ot... Page 54 of 151 AGENDA ITEM #14.A.1. OTIS ELEVATOR COMPANY CONTRACTOR QUALIFICATION STATEMENT 2024 Headquarter Address: One Carrier Place Farmington, Connecticut 06032 Otis Americas: 11760 US Hwy 1; Suite W600 Palm Beach Gardens, FL 33408 Annual Report Audit By: Price Waterhouse Coopers LLP Hartford, CT Annual Sales: $14.2 Billion (2023) $13.7 Billion (2022) $14.3 Billion (2021) $12.8 Billion (2020) Authorized Representatives to Regional General Managers Sign Contracts/Bids: General Managers Contract Specialists Contract Manager Business Experience: Design, manufacture, sale and service of elevators, escalators and moving walkways. Sale of spare parts. Bank Reference: JP Morgan Chase Bank Tampa, FL Miguel Salazar 813-432-8965 Business Organization: Corporation. Incorporated in the State of New Jersey. "C" Corporation Business Started: 1853 Business Incorporated: 1898 Surety Broker: Aon Risk Services 1 Liberty Plaza, 165 Broadway New York, NY 10006 Contact: otissurety-gotis.com Jennifer Jakaitis 212-283-6477 As of 2/16/2024 3:33 PM Page I 1 Contract No. FY2024-38 Approval For Elevator Maintenance Service With Ot... Page 55 of 151 AGENDA ITEM #14.A.1. OTIS ELEVATOR COMPANY CONTRACTOR QUALIFICATION STATEMENT 2024 Bonding Company: Travelers Casualty and Surety Company of America 161 N. Clark, Suite 1000 Chicago, IL 60601 Contact: Trey Kolenda TKolenda@Travelers.com Bonding Limits: Otis Corporate Directors: Names & Address $500MM Aggregate $100MM per project Judy Marks Anurag Maheshwari Nora LaFreniere One Carrier Place Farmington, CT 06032 Otis Corporate Officers: Trace Embree — President, Otis Americas 11760 US Hwy. 1, Suite W600 Palm Beach Gardens, FL 33408 Maria Imelda Suit — Treasurer One Carrier Place, Farmington, CT 06032 Chris Few — VP Finance, Otis Americas 11760 US Hwy. 1, Suite W600 Palm Beach Gardens, FL 33408 Credit/Trade: [Depends on Vendor] Dun & Bradstreet No.: 00-1534676 / UEID is G7RPMR7GT9P9 Otis Federal ID No: 13-5583389 Fiscal Year End: December 31 Geographical Area: 4 regional offices throughout U.S. and Canada Insurance Companies & Policy Numbers: General Liability: • National Union Fire Insurance Co. of Pittsburgh PA: Policy #: 9941236 GL Effective Date: December 1, 2023 GL Expiration Date: December 1, 2024 As of 2/16/2024 3:33 PM Page 12 Contract No. FY2024-38 Approval For Elevator Maintenance Service With Ot... Page 56 of 151 AGENDA ITEM #14.A.1. OTIS ELEVATOR COMPANY CONTRACTOR QUALIFICATION STATEMENT 2024 MBE/WBE/SBE: Significant Local Projects: Current: Completed: Formal Safety Program: Formal Quality Assurance Program: Safety Inspections: Safety Meetings: Safety Committee Field Associates: Safety Topic: New Hires: Failed to Complete a Contract Automobile Liability: • AUI Insurance Co: (MA only): Policy #7620239 • National Union Fire Insurance Co. of Pittsburgh PA: (AOS): Policy #7620238 Auto Effective Date: December 1, 2023 Auto Expiration Date: December 1, 2024 Workers' Comp. & Employers' Liability: • AUI Insurance Company (CA): Policy # WC 049154391 • AIU Insurance Company (WI): Policy # WC 049154392 • AUI Insurance Company (AOS): Policy # WC 049154390 WC Effective Date: December 1, 2023 WC Expiration Date: December 1, 2024 We are not a minority, women -owned or small business enterprise. Complete locally Complete locally Yes Yes Monthly Yes Monthly Monthly Weekly As Hired (New Hire Training Program) Otis Elevator Company has been in business for over 170 years. Over the course of 170 years there may have been some contracts that Otis Elevator Company did not complete for various reasons. As of 2/16/2024 3:33 PM Page 13 Contract No. FY2024-38 Approval For Elevator Maintenance Service With Ot... Page 57 of 151 AGENDA ITEM #14.A.1. OTIS ELEVATOR COMPANY CONTRACTOR QUALIFICATION STATEMENT 2024 Otis Elevator Company does not maintain records in a format that would make this information retrievable in an economically feasible manner. No such instance, if any, will have a material adverse impact on the company's operation nor will it impair the company's ability to perform if awarded a contract. Bankruptcy/Reorganization: No Union Affiliation: International Union of Elevator Constructors Otis Elevator Company does not participate in any other unions or locals. Claims, Litigation and Default: Litigation & Claims: Otis Elevator Company is currently engaged in various legal proceedings, some of which are being handled by our insurance carriers. Otis Elevator Company is also on notice of various claims against it. None of this litigation or any of these claims will have a material adverse impact on the company's operations nor will it impair the company's ability to perform if awarded a contract. Default: Otis Elevator Company has been in business for over 170 years. Over the course of 170 years, there may have been some defaults, but Otis Elevator Company does not maintain records in a format that would make this information retrievable in an economically feasible manner. No such default, if any, will have a material adverse impact on the company's operations nor will it impair the company's ability to perform if awarded a contract. Environmental, Health & Safety Pre -Qualification Information CODES: The Otis Workers' Compensation Job Classification Code is 95160 (Elevator Installation and Repair). The Otis SIC (Standard Industrial Classification) is 1796. As of 2/16/2024 3:33 PM Page 14 Contract No. FY2024-38 Approval For Elevator Maintenance Service With Ot... Page 58 of 151 AGENDA ITEM #14.A.1. OTIS ELEVATOR COMPANY CONTRACTOR QUALIFICATION STATEMENT 2024 Call your safety manager for assistance. Accident reports (OSHA) and report summaries are sent according to the following: Monthly Quarterly Annually Never Field Superintendent X X X Vice President of Business Unit X X X President of Firm X X X The field supervisor(s) receives safety training according to the following (This includes when they conduct safety readings with their field workforce.): Weekly X Monthly X Quarterly X Other Project safety inspections are conducted as follows: • The supervisor on a weekly basis completes the job site safety inspections. • Superintendents conduct a construction Per -work safety inspection (New Equipment Pre -work Safety Checklist). • Superintendents conduct a contractors safety inspection prior to starting work (Contractors Per -Start Checklist) • The job site foreman -in -charge conducts job site inspections on a daily basis to review current conditions and conditions that may have changes from the previous days work activities. • The inspections are conducted by all levels of management. Accident records and accident summaries Accident records and accident summaries are kept and reported as follows: ITEM Yes No Monthly Annually Accidents Totaled for the Entire Company X Accidents Totaled by Project X Costs Totaled for Entire Company X X X X Costs Totaled by Project Subtotaled by Superintendent X X X Subtotaled by First Line Supervisor X X X As of 2/16/2024 3:33 PM Page 16 Contract No. FY2024-38 Approval For Elevator Maintenance Service With Ot... Page 59 of 151 AGENDA ITEM #14.A.1. OTIS ELEVATOR COMPANY CONTRACTOR QUALIFICATION STATEMENT 2024 OTIS safety organization OTIS safety organization is as follows: Sr. EH&S Manager, Environment Health & Safety and Quality, OTIS Elevator Co., North & South American Area Safety responsibilities at a specific job site are delegated to: Construction Superintendent or Service Supervisor assigned to the project. Substance Abuse Proaram OTIS has a controlled substance/drug abuse and post incident testing program You can request a copy from your Human Resources Manager. Written Safety Pro ram OTIS has a written safety program. You can send one copy of the OTIS field employee safety handbook with this request but place a note on it that this information is copyright property of OTIS Elevator Company and not to be given out. OTIS' Safety Program contains the following: YES NO 1. Policy Statements: a. Company Statements X b. Substance Abuse X c. Rule/Program Enforcement X 2. Safety/Health Procedures: a. Fall Protection X b. Scaffolding/Work Platform X c. Perimeter guarding/floor, wall and roof openings X d. Mobile Equipment Safety X e. Housekeeping X f. Fire Protection X g. Injury Treatment Procedure, First-aid Facilities X h. Emergency procedures, Rescue, Evacuation X i. Hazard Recognition/MSDS X j. Toxic Substances X k. Trenching / Excavation X 1. Signs, Barricades, Flagging X As of 2/16/2024 3:33 PM Page 17 Contract No. FY2024-38 Approval For Elevator Maintenance Service With Ot... Page 60 of 151 AGENDA ITEM #14.A.1. 4. Approved Mine Safety & Health Administration (MSHA) Training Program for subcontractors (vendors): (See EH&S website for details) X • All current employees are trained in the above safety program. • OTIS has a formal orientation program for all new hires on the above safety program. OTIS has a written safety program for newly hires or promoted supervisors, which contains instruction on the following: OTIS ELEVATOR COMPANY YES NO CONTRACTOR QUALIFICATION STATEMENT All elements of your written safety program 2024 2. in. Electrical Safety X n. Rigging (yes) / Crane (no) Safety X X o. Confined Space Entry X p. Welding/Burning Permit Procedures X q. Asbestos Abatement X r. Asbestos Awareness X s. Lockout/Tagout X 3. Personal Protective Equipment Requirements: X a. Head Protection X b. Eye Protection X c. Hearing Protection X d. Foot Protection X e. Respiratory Protection X f. Chemical Protective Clothing X 4. Approved Mine Safety & Health Administration (MSHA) Training Program for subcontractors (vendors): (See EH&S website for details) X • All current employees are trained in the above safety program. • OTIS has a formal orientation program for all new hires on the above safety program. OTIS has a written safety program for newly hires or promoted supervisors, which contains instruction on the following: • Toolbox safety topics are held on a weekly basis. As of 2/16/2024 3:33 PM Page 18 Contract No. FY2024-38 Approval For Elevator Maintenance Service With Ot... Page 61 of 151 YES NO 1. All elements of your written safety program X 2. Methods of safe work process X 3. Toolbox safety Topics X 4. Emergency procedures X 5. Personal Protective Equipment X 6. Accident investigation X 7. Fire prevention/protection X 8. Fall Protection policy X 9. Job Hazard Analysis X 10. Hazardous Communication X • Toolbox safety topics are held on a weekly basis. As of 2/16/2024 3:33 PM Page 18 Contract No. FY2024-38 Approval For Elevator Maintenance Service With Ot... Page 61 of 151 AGENDA ITEM #14.A.1. No: 1003 THIS IS TO CERTIFY THAT gjlE!AN is authorized and empowered by the City of Kodiak to collect sales tax imposed by Chapter 3.08 of the Kodiak City Code. This certificate is non -assignable, non -transferable and shall be surrendered upon ceasing to do business at the location named herein. Any change in ownership, form of ownership, or any other change requires new registration. 03/0911982 DATE OF REGISTRATION Mike Tvenge CITY MANAGER THIS CERTIFICATE MUST BE DISPLAYED PROMINENTLY AT THE PLACE OF BUSINESS 6 Contract No. FY2024-38 Approval For Elevator Maintenance Service With Ot... Page 62 of 151 CITY OF KODIAK No: 1003 THIS IS TO CERTIFY THAT gjlE!AN is authorized and empowered by the City of Kodiak to collect sales tax imposed by Chapter 3.08 of the Kodiak City Code. This certificate is non -assignable, non -transferable and shall be surrendered upon ceasing to do business at the location named herein. Any change in ownership, form of ownership, or any other change requires new registration. 03/0911982 DATE OF REGISTRATION Mike Tvenge CITY MANAGER THIS CERTIFICATE MUST BE DISPLAYED PROMINENTLY AT THE PLACE OF BUSINESS 6 Contract No. FY2024-38 Approval For Elevator Maintenance Service With Ot... Page 62 of 151 AGENDA ITEM #14.A.1. Contract No. FY2024-38 Approval For Elevator Maintenance Service With Ot... Page 63 of 151 LO LO w CD N N N d U J N C .N m Y YI Q � i.:f. O 6 pp C O m V M r «a M J o :3 U) O LL N _a L N i O N O. C O O " C C.1 J Q QJ @ N o W as co "0 o v v w N C O O oO m N O .. O) N O N a) _ 'n O C fn N N C C N O C O N v rn N C a Y w m v n a) 0 Cf) OU o a)E a O a3 U a) O o O.c 0 3 Q O U7 3 ° — O o O cn 00 CO m O %C N .E N d C) N J E N O ` N ~' U ~ O CL Qi -- o .0 % C_ C N n E 0 0 0 —� O -00 E 0 Q Q) o E Qm w 0 a O m� CE p O O c ms >O N C C U d '^ > Z Y0 -02) vJ ��' 0 o = a� `m om o c a N O U� Cu 9 or o (O d > c -0 E 7 � m r :E- N as 0 L C. m 3 c M a .ino ,N 0 U O O U) mN E N N E Y o0 0 N H = Q r P E, T. .y YS . Contract No. FY2024-38 Approval For Elevator Maintenance Service With Ot... Page 63 of 151 AGENDA ITEM #14.A.1. OTIS ELEVATOR COMPANY 11760 U.S. Hwy 1 Suite W600 Palm Beach Gardens, FL 33408 Contract No. FY2024-38 Approval For Elevator Maintenance Service With Ot... Page 64 of 151 AGENDA ITEM #14.A.1. Effecse#tive: (:UNt029 State of Alaska Effective: 1 1 /1 612 022 Expires: 12/31/2024 Department of Commerce, Community, and Economic Development Division of Corporations, Business, and Professional Licensing Regulation of Construction Contractors and Home Inspectors Licensee: OTIS ELEVATOR COMPANY License Type: General Contractor Without Residential Contractor Endorsement Status: Active Doing Business As: OTIS ELEVATOR COMPANY Relationships No relationships found. OTIS ELEVATOR COMPANY 120 S CENTRAL AVE STE 350 CLAYTON, MO 63105 Commissioner: Julie Sande Designations No designations found. Wallet Card State of Alaska Department of Commerce, Community, and Economic Development Division of Corporations, Business, and Professional Licensing Regulation of Construction Contractors and Home Inspectors OTIS ELEVATOR COMPANY DBA: OTIS ELEVATOR COMPANY As General Contractor Without Residential Contractor Endorsement License Effective Expires CONE409 11116/2022 12/31/2024 Contract No. FY2024-38 Approval For Elevator Maintenance Service With Ot... Page 65 of 151 AGENDA ITEM #14.A.1. W'9 Request for Taxpayer Form Give form to the (P.ev, March 2024) Identification Number and Certification requester. Do not Department of the Treasure send to the IRS. internal Revenue Service Go to www.frs.govfFormW9 for instructions and the latest information. Before you begin. For guidance related to the purpose of Form W-9, see Purpose of Form, below. 1 Name of antity(ndividual. An enter is required. (For a sole propnetor or disregarded entity, enter the ov:ner's name on line 1, and enter the business/disregarded antity's name on line 2.) iOtis Elevator Company i 2 8usin: w name.•'disregarded entity name, if different from above. v! 3a Check the appropriate box for federal tax classification of the entltylndividual whose name is entered on line 1, Check ; 4 Exemptions (codes apply only to m i only one of the following seven boxes. i certain entities, not individuals: Q.r Csee ai ID 'D IndividuaVsole proprietor tVi C corporation l S corporation Partnership ❑ TrusiVestate instructions on page 3). - LLC. Enter the tax classification (C = C corporation. S = S corporation. P = Partnership) Exempt payee code (if any) C Note: Check the "LLC' box above and. in the entry space. enter the appropriate code (C. S. or P) for the tax !! i 0 classification of the LLC, unless it is a disregarded entity. A disregarded entity should instead crick the appropnate o for Exemption from Foreign Account Tax box the tax classification of its owner. i I Other (see Instructions) Compliance Act (FATCA) reporting code (if any) 3b If on line 3a you checked "Partnership" or "Trustiestate." or checked "LLC" and entered "P" as its tax classification, and you are providing this form to a partnership, trust, or estate in which you have an ownership interest, check ,� Ipppties re accounts maintained outside me United Stares h this box if you have any foreign partners, owners, or beneficiaries. See instructions . . . . . . _5 Address (number. street. and apt. or suite no.). See instructions. Requester's name and address (optional) 619 E Ship Creek #301 6 Cdy, state. and ZIP code i Anchorage, AK 99501 T List account number(s) here (optional) Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid gyral security number backup withholding. For individuals, this is generally your social security number (BSN). However, fora resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN. later. or Employer identification number Note: If the account is in more than one name, see the instructions for line 1. See also What Name and i-7 Number To Give Requester i I-! 1 the for guidelines on whose number to enter. 1 3 5 5 8 3j 3 8 1 9 Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that 1 am no longer subject to backup withholding: and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured pro cellation of debt, contributions to an individual retirement arrangement (IRA), and, generally, payments other than interest and dividends, you are requi to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later. Sign Signature of I S 30 Here u.s. person o_trate General Instructions New line 3b has been added to this form. A flow-through entity is required to complete this line to indicate that it has direct or indirect Section references are to the Internal Revenue Code unless otherwise foreign partners, owners, or beneficiaries when it provides the Form W-9 noted. to another flow-through entity in which it has an ownership interest. This Future developments. For the latest information about developments change is intended to provide a flow-through entity with information related to Form W-9 and its instructions, such as legislation enacted regarding the status of its indirect foreign partners, owners, or after they were published, go to www.irs.gov/FormM. beneficiaries, so that it can satisfy any applicable reporting requirements. For example, a partnership that has arty indirect foreign What's New partners may be required to complete Schedules K-2 and K-3. See the Partnership Instructions for Schedules K-2 and K-3 (Form 1065). Line 3a has been modified to clarify how a disregarded entity completes this line. An LLC that is a disregarded entity should check the Purpose of Form appropriate box for the tax classification of its owner. Otherwise, it should check the "LLC" box and enter its appropriate tax classification. An individual or entity (Form W-9 requester) who is required to file an information return with the IRS is giving you this form because they Cat. No. 10231 X Form W-9 (Rev. 3-2024) Contract No. FY2024-38 Approval For Elevator Maintenance Service With Ot... Page 66 of 151 0�Liberty mutuii. SURETY BID BOND AGENDA ITEM #14.A.1. KNOW ALL BY THESE PRESENTS, That we, OTIS ELEVATOR COMPANY of 619 E. Ship Creek Avenue Suite 301 Anchors a AK 99501 (hereinafter called the Principal), as Principal, and LIBERTY MUTUAL INSURANCE COMPANY Jerema er c e e Surety , as Surety are a an umIy boundunto KODIAK ISLAND BOROUGH '10 Mill Bay Road Kodiak AK 99615 in tree pent sum One Thousand and 001100 Dollars f $ 1,000.00 for the payment of which the Principal and the Surety bund themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That WHEREAS, the Principal lids submitted or is about to submit a proposal to the Obligee on a contract for ELEVATOR MAINTENANCE SERVICES NOW, THEREFORE, If the said Contract be timely awarded to the Principal and the Principal shall, within such time as may be specified, enter into the Contract in writing, and give bond, if bond is required, with surety acceptable to the Obligee for the faithful performance of the said Contract, then this obligation shall be void; otherwise to remain in full force and effect. Signed and sealed this 13th day of June 1 2024 Sandr iaz Witness Francesca Kazmierczak Witness LMS 10053 05118 OTIS ELEVATOR COMPANY (&al) 1 (J Prinbipal Halina Kazmierczak Title Attomey-In-Fact LIB:nq,,tt UTUAL INS RANCE COMPANY 44L er _ Attornsy-in-Fact Contract No. FY2024-38 Approval For Elevator Maintenance Service With Ot... Page 67 of 151 AGENDA ITEM #14.A.1. Edition: 1(eff. 1 December 2019) SPECIAL POWER OF ATTORNEY OTIS WORLDWIDE CORPORATION, a Company organized and existing under the laws of the State of Delaware, on behalf of itself, its subsidiaries and affiliates, (collectively referred to as the "Company"), hereby makes, constitutes and appoints AON RISK SERVICES NORTHEAST, INC., on behalf of certain of its employees as the Company's true and lawful attomeys-in-fact: Anne Potter Cynthia Farrell Halina Kazmierczak Barb Pannier Frances Rodriguez Jennifer L. Jakaitis Susan A. Welsh KeAna Conrad with full power to execute, seal and deliver on behalf of the Company, surety bonds and documents ancillary thereto issued in the course of the Company's business, subject to the provisions of the Insurance Brokerage and Service Agreement effective December 1, 2019, among Aon Risk Services, Inc. of Connecticut, Aon Risk Services, Inc. of New York, currently known as AON RISK SERVICES NORTHEAST, INC. and OTIS WORLDWIDE CORPORATION, as amended or supplemented from time to time, and to bind the Company, thereby as if such writings had been duly executed and acknowledged by officers of the Company. IN WITNESS WHEREOF, the Company has caused this Special Power of Attorney to be signed by its duly authorized representative this 27th day of November, 2019. OTIS WORLDWIDE CORPORATION By: Name: pher Witzky Title: Vice President, Treasurer UNITED STATES OF AMERICA) ss: TOWN OF FARMINGTON STATE OF I COUNTY OF rd ) On this -,P- day of b c 2019, before me, a Notary Public in and for said County and State, erso nal y appoare -.0104,r 99--, who acknowledged himself to be the � OTIS WORLDWI E CORPORATION, the Company named er! the foregoing instrument, and that as such, being authorized so to do, executed the foregoing instrument f the same for he purposes therein contained by signing such_dacument in'fjii capacity as Vc P�.�.l.cas u o,i - V MARY FRAN dFrucl� -QXNotary PuWlc, State of ut Notary Public - My Commisalon Expires July 31, 2023 Contract No. FY2024-38 Approval For Elevator Maintenance Service With Ot... Page 68 of 151 0Liberty Mutual® SURETY This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company AGENDA ITEM #14.A.1. Certificate No: 8210937- 015009 POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies', pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Debra A. Deming Sandra Diaz Vilma Gonzalez Peter Heal ,Pablo Garcia Homajo, Jennifer L. Jakaids, Francesca KaamierczaK Aklima Noorhassan, Anne Potter, Frances Rodrilzrkez, Valorie Snatea- Susan a wPt.x Rs o.i . A m ra_ u�,, utuWrouany if mere oe more man one named, its true and lawful attomey-ln-fact to make, execute, seal, acknowledge and deliver, for and on its behalf ss surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duty signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 6th day of November , 2023 . State of PENNSYLVANIA County of MONTGOMERY ss Liberty Mutual Insurance Company a twsu atY INSp a%NSUq The Ohio Casualty Insurance Company O"+ L0 West American Insurance Company g 1912 " 1919 p0 a0 OR 1991 r�yf'°arca9sD3' OHArM`ea f� AouxP aa4 r yl • ti� �'N * �a By: r'e JA R1 P....-.. w --.-a__. n____ -__- this 6th day of November , 2023 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance npany, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes ein contained by signing an behalf of the corfwrations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seat at Plymouth Meeting, Pennsylvania, on the day and yea first above written. @p` p4ST QF' oNWF P�t Cummonwfth of Pmrsylwnla-Notary seal Teresa erNotary PuGic of Montgomery Caunry MY mmmmissi ea number r 1126 E.2025 By. $ Commission number 112fi0/4 Member,PuwryWv WAssoolabonufNoWrieyI erase Pastella, Notary Public This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: Liberty Mutual ARTICLE IV—OFFICERS. Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attomeysin-fad, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surely any and all undertakings, bonds, reoognizances and other surety obligations. Such attomeys-in-fact, subject to the limitations set faith in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or Whenaftomyo ex ct under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer a officers granting such power en authority. ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and undertakings. Any officer of the Company authorized for that purpose in writing by the chaimtan or the president and subject to such limitations as the chairman or the president may prescribe, shall appoint such atiomeys-In-fad, as may be necessary to ad in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surely obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shell have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys-in- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, reoognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as through manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and coned copy of the Power of Attorney executed by said Companies, is in fulClorce and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 13th day of June 2024 JP oINq SSV INSrj a Udat/ - tiY J aeo 't'yy P o'P°Rvr f 1912 0 " 1919 m� a 1991 0 =o�><yAry �a YNOIANPaaa� By wee 9--U Llewellyn, Assistant Secretary t • t• M • n LMS -12973 LMIC OCIC WAIC MUD Co 02121 Contract No. FY2024-38 Approval For Elevator Maintenance Service With Ot... Page 69 of 151 Liberty Mutual, SURETY Assets LIBERTY MUTUAL INSURANCE COMPANY FINANCIAL STATEMENT— DECEMBER 31, 2023 Cash and Bank Deposits.,, ............................. $1,850,245,073 00 *Bonds —U.S Government............................$3,859,565,383.00 *Other Bonds ................................................ $21,048,805,773.00 *Stocks.-. ................................................... _ $19,937,271,802.00 Real Estate........................................................$122.228,711.00 $209,508,757.00 Agents' Balances or Uncollected Premiums... $8,208,660,427.00 Accrued Interest and Rents...............................$186,906,667.00 $13,834,867,488.00 Other Admitted Assets ................................. $15,677,869,683.63 Total Admitted Assets.................$70,891,553,519.63 AGENDA ITEM #14.A.1. Liabilities Unearned Premiums ................................... $10,298,963,305.00 Reserve for Claims and Claims Expense..... $28,848,537,243.00 Funds Held Under Reinsurance Treaties.......... $360,714,151.00 Reserve for Dividends to Policyholders ................ $1,310,198.00 Additional Statutory Reserve ............................ $296,126,000.00 Reserve for Commissions, Taxes and Other Liabilities .............................................. $7,622,413,466.63 Total .............................................. $47,428,064,363.63 Special Surplus Funds.-, ................................... $209,508,757.00 Capital Stock ....................................................... $10,000,075.00 Paid in Surplus ............................................. $13,834,867,488.00 Unassigned Surplus ....................................... $9,409,112,836.00 Surplus to Policyholders .............................. $23,463,489,156.00 Total Liabilities and Surplus....... $70,891,553,519.63 - m „ a,, swwu e[ aumzea or mvestment value; Stocks at Association Market Values. The.foregoing financial information is taken from Liberty Mutual Insurance Company's financial statement filed with the Massachusetts Department of Insurance. I, TIM MIKOLAJEWSKI, Assistant Secretary of Liberty Mutual Insurance Company, do hereby certify that the foregoing is a true, and correct statement of the Assets and Liabilities of said Corporation, as of December 31, 2023, to the best of my knowledge and belief. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Corporation at Seattle, Washington, this 8th day of March, 2024. V INS J ?`oaao�ry�m ;1912 o rd�9�s4 cm .da I Q A; rimothy A. Mikolajewski, Assistant Secretary Contract No. FY2024-38 Approval For Elevator Maintenance Service With Ot... Page 70 of 151 E'C`4IVI Di Kladiek Mand Borough Finn Da-Dell6 t s!"It AGENDA ITEM #14.A.1. KODIAK AK 99615 907) 498-9341 FEF: nu: III 111111111111111111111111111111111111111111111111 ORIGIN ID:CYMA (907) 830-4659 SHIP DATE: I5JUN24 MELISSA DAVIDSON ACTWGT: 0.50 LB at OTIS ELEVATOR COMPANY CAD: 6572012/ROSA2530 IN III 619 E SHIP CREEK AVE STE 301 N a, N ANCHORAGE, AK 99501 BILL THIRD PARTY UNITED STATES US To BUROUGH FINANCE OFFICE KODIAK ISLAN l BOROUGH ELEVATOR MAINTENANCE SERVIC 710 MILL BAY RD N KODIAK AK 99615 907) 498-9341 FEF: nu: III 111111111111111111111111111111111111111111111111 IN III FedEx i i l I I Express �� II ' ■ II IIS MON - 11 JUN PM Envelope"" ;68 7597 3839 KODIG PRIORITY Q�A99HT ANC Reo� a� s6 PQ, '`Ele me. III II��NI III � N I Contract No. FY2024-38 Approval For Elevator Maintenance Service With Ot... Page 71 of 151 RELEASE DATE: May 21, 2024 INVITATION TO BID Elevator Maintenance Services AGENDA ITEM #14.A.1. THIS IS NOT AN OFFER The Kodiak Island Borough is accepting sealed bids for elevator maintenance services as described in the Invitation to Bid. Sealed bids must be submitted to the Borough Finance Office by 2:00 PM (local time) on June 17, 2024. Bids must be in a sealed envelope with "Kodiak Island Borough — Elevator Maintenance Services" clearly indicated on the outside of the envelope. Postmarks will not be controlling. Complete bidding documents are available in electronic form and may be viewed and downloaded from the Kodiak Island Borough website, www.kodiakak.us. i'nntarf Parcnn- Patricia Valerio, Projects Assistant Engineering/Facilities Department Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 Phone: (907) 486-9341 Fax: (907) 486-9394 Email: pvalerio@kodiakak.us Aimee Williams, Borough Manager Kodiak Island Borough Published: May 24, 31, & June 7, 2024. Kodiak Island Borough Page 1 of 6 Invitation to Bid Elevator Maintenance Services Contract No. FY2024-38 Approval For Elevator Maintenance Service With Ot... Page 72 of 151 AGENDA ITEM #14.A.1. INVITATION TO BID (ITB) The Kodiak Island Borough is concerned that all bids be submitted in a manner that ensures the bidding process is fair and equitable to all Bidders in compliance with the requirements of the bid documents. Particular attention of all Bidders is drawn to the provisions of this solicitation and the resulting contract dealing with pre-bid inquiries and the duty of the Bidders to disclose any significant fact or question which will adversely affect the cost or time of completion of this project. Bidders are cautioned that they disregard these provisions at their own risk. Bidders are directed to study and follow these instructions as to the method and form for submitting bids so there will be no reason to reject a bid. Bidders will find all required forms and documents contained within this packet. Please take notice of the accompanying "Bidders Checklist", which identifies which forms and documents are to be included with a compete bid submittal. SECTION 1: INTENT Purpose of the Invitation to Bid: This Invitation to Bid (ITB) is intended to establish a term contract to complete repairs and maintenance of a varying nature for elevator systems at the Kodiak Fisheries Research Center Facility which is owned by the Kodiak Island Borough facilities. For further information refer to Section 3: Scope of Work. Term. The Term of the contact is for an initial four-year period from July 1, 2024 until June 30, 2028, with the option of the Borough to exercise of up to three (3) additional one year periods. Following the initial two-year period requests for rate increases may be entertained by the Borough, and if acceptable, will be incorporated into each renewal. Intent of Bid: The intent of this Bid is to award a contract to the most responsible bidder, whose bid, conforming to this ITB, is rated highest with the scoring table outlined in section 2.15 Evaluation of Bids. The Bid Schedule has two sections, first pricing outlined in a table by per service and hourly technician pricing and second, if applicable, tiered service package information attached to the bid form. SECTION 2: SOLICITATION INSTRUCTIONS Registration of Bidders. All Bidders are required to register with the Borough by completing the registration form included as Attachment 1. Only registered Bidders will be notified of addendum or other modifications to the bid requirements. Inquiries. Bidders should direct any pre-bid inquiries labelled Kodiak Island Borough Elevator Maintenance Services Bid Inquiry and e-mailed to pvalerio@kodiakak.us. Pre-bid inquiries are due June 3rd, 2024 by 4:00pm local time. Any inquiries submitted after that date may not be responded to. Bid Security. The Borough requires a bid bond or certified check in the amount of $1,000 for this bid. The Bid security of each Bidder shall be returned once a contract is signed. The Bid Kodiak Island Borough Page 2 of 6 Invitation to Bid Elevator Maintenance Services Contract No. FY2024-38 Approval For Elevator Maintenance Service With Ot... Page 73 of 151 AGENDA ITEM #14.A.1. security of the successful Bidder shall be forfeit if the successful Bidder fails to execute the contract. Resection of Bids. The Borough reserves the right to reject any or all bids. The Borough also reserves the right to reject any bid which is non-responsive, incomplete, obscure, or irregular; any bid which omits any one or more items on which the bids are required; any bid in which unit prices are unbalanced in the opinion of the Borough; any Bidder who previously failed to perform properly or to complete on time contracts of any nature; and the criteria listed in KIB Code 3.30.080. All bids received after the date and time set for receipt will be REJECTED. Bidders are warned that weather and travel are unpredictable and overnight delivery does not always arrive in a timely fashion. Bidders are responsible for ensuring that their Bid is delivered in a timely manner. 5. Bidder Certifies. The Bidder certifies that any and all prices which may be charged under the terms of this bid request do not and will not violate any existing federal, state, or municipal laws or regulations concerning price discrimination and/or price fixing. The Bidder agrees to indemnify, exonerate, and hold harmless the Borough from liability for such violation now and throughout the term of the contract. 6. Addenda. The Borough reserves the right to amend the ITB prior to the date of bid opening. Each bid shall include specific acknowledgment of receipt of all addenda issued during the bidding period. Failure to so acknowledge may result in the bid being rejected as not responsive. 7. Irregularities. Any irregularities or lack of clarity in any of the bid documents should be brought to the attention of the Contact Person as soon as possible, so that corrective addenda may be furnished to all Bidders. Alterations or erasures must be crossed out and corrections thereof printed in ink or typewritten adjacent thereto. Any correction must be initialed in ink by each person signing the bid. 8. Responsibility of Bidder. It is the responsibility of the Bidder to investigate and acquaint themselves with the conditions relating to the work and labor, including (if required) site visits, soil sampling, or other tests. 9. Written words. In the case of a difference between written words and figures, the amount stated in written words shall govern. In the case of a difference between a unit price and the extended price, the unit price shall govern. 10. Signatures. All attachments, including corporate certificate and acknowledgments, must be signed by the Bidder. 11. Preparation of bid forms. All bids and addenda thereto shall be intact and enclosed in a sealed envelope, addressed to: Borough Finance Office, Kodiak Island Borough, 710 Mill Bay Road, Kodiak, Alaska 99615. Sealed bids must be submitted on the forms and enclosed in an envelope which is clearly marked "Kodiak Island Borough — Elevator Maintenance Services". The Borough will not be responsible for the premature opening of a bid not properly addressed or identified. Kodiak Island Borough Page 3 of 6 Invitation to Bid Elevator Maintenance Services Contract No. FY2024-38 Approval For Elevator Maintenance Service With Ot... Page 74 of 151 AGENDA ITEM #14.A.1. 12. Postponement of Opening. The Borough reserves the right to postpone the date and time for opening of bids at any time prior to the time announced for opening of bids in the advertisement. 13. Modifications. Bids may be modified by written notice or emailed, provided such notice is received prior to the date and time set for the bid closing time. The modification should not reveal the bid price but should provide the addition or subtraction (or other modification) so that the final price or terms will not be known to the Borough until the sealed bid is opened. 14. Withdrawal of Bids. Bids maybe withdrawn only by written or emailed, provided such notice is received two (2) hours prior to the date and time set for the bid closing time. Notice of withdrawals received after the bid opening will not be considered. 15. Evaluation of Bids: The Borough intends to award to the highest sored bidder based on the evaluation scale below: Qualification Considered Point Value 1. Bid Price 30 2. Quantity of items/services included in bid. 25 3. The Bidder's character, integrity, reputation, judgement, and experience. 15 4. The quality of performance of previous contracts held by the Bidder. 10 5. The Bidder's capability and skill to perform the contract in adherence to the specifications. 10 6. Bidder possesses a valid Alaska Business License. 10 Total 100 16. Award of Contract. The Borough reserves the right to withhold award for a period of forty- five (45) calendar days from the date of bid closing. 17. Protest of Bid Award. The Borough will issue a Notice of Intent to Award to the successful Bidder. An aggrieved Bidder may file a bid protest within ten (10) calendar days after Notice of Intent to Award the contract is issued. A protest may be made by delivery of a letter of protest to the Borough Manager's Office. Protests will only be accepted based on error in process. If/when a protest is received, an administrative review process will begin. The protestor can expect a final administrative decision by the Kodiak Island Borough Manager within 30 working days of the receipt of protest. 18. Bid Cancellation. The Borough reserves the right to cancel the procurement, ITB, or award without liability to the Bidder, except return of the bid security, at any time before the Agreement has been fully signed by all parties, including the Borough. Kodiak Island Borough Page 4 of 6 Invitation to Bid Elevator Maintenance Services Contract No. FY2024-38 Approval For Elevator Maintenance Service With Ot... Page 75 of 151 AGENDA ITEM #14.A.1. 19. Non -Collusion Affidavit. The Bidder shall submit with the bid a signed non -collusion affidavit to the Borough covering the Bidder and all subcontractors. 20. Minimum Standards. The required work and/or specifications attached herein shall be considered as the minimum standards acceptable to the Borough. Any deviations, modifications, or alternatives proposed shall be specified and clarified by the Bidder in writing and be identified as EXCEPTION SUMMARY. Insufficient information pertaining to exceptions shall be at the Bidders risk and may result in rejection of the bid. 21. Equipment Furnished. All equipment furnished under these specifications must be complete with all necessary operating accessories and manuals customarily furnished, whether stipulated herein or not. Prior to final acceptance by the Borough, the Borough reserves the right to examine the equipment/structures and test it accordingly, to assure compliance with bid and contract requirements and specifications. Should the Borough conduct such evaluations and the results indicate that the equipment/structures does not conform, the successful Bidder shall be responsible to promptly correct such problems and/or replace said equipment in a timely manner at no cost to the Borough. After correction of any deficiencies the equipment/structures shall be subject to a re-evaluation. 22. Laws. The Bidder will comply with all federal, state, and local laws including the Laborers' and Mechanics' Minimum Rates of Pay applicable for municipal contracts as determined by the State of Alaska. SECTION 3: INSURANCE REQUIREMENTS The successful respondent must meet the following insurance requirements: During the entire period of the project or work, the Contractor shall provide the following types of insurance. The Borough shall be insured as additional insured on all insurance policies except professional liability contracts. All policies shall have a mandatory thirty (30) day cancellation clause. a. Workers' compensation as required by Alaska law and employer's liability coverage at a minimum of $1,000,000. b. Commercial general liability insurance, not excluding explosion, contractual liability, or product/completed operation liability insurance - $1,000,000 per occurrence and $2,000,000 aggregate. C. Comprehensive automobile liability, bodily injury, and property damage, including all owned, hired and non -owned, automobile - $1,000,000 per each accident. SECTION 4: SCOPE OF WORK Kodiak Island Borough (Borough) is responsible for operating and maintaining the Kodiak Fisheries Research Center Facility and is therefore required to perform the required elevator maintenance and repairs. More detailed description of the scope of work please see Attachment 3: Specifications. Bidder shall provide hourly rates for each item noted on Attachment 2: Bid Schedule, including regular hourly rate(s), overtime hourly rate(s), and a mark-up percentage for parts required. If applicable, the Borough is asking Bidders to submit additional information on available tiered service packages. Kodiak Island Borough Page 5 of 6 Invitation to Bid Elevator Maintenance Services Contract No. FY2024-38 Approval For Elevator Maintenance Service With Ot... Page 76 of 151 AGENDA ITEM #14.A.1. Bidder must be able to provide a two-hour telephone or email response time in the winter, and four-hour telephone or email response time in the summer for any work needed. Bidders should be able to document successful work history exceeding five (5) years in areas of interest and be able to provide credentials and certifications approved by the applicable regulating authority for the work needed. This contract is meant for minor repairs and regular required maintenance, not major contract work. Contracts exceeding $50,000 must be approved by the Borough Assembly. Staff will propose such contracts to the Assembly as needed. However, work on contracts totaling under $50,000 in the aggregate may be authorized by the Manager by contract and/or purchase order. Bidders should be aware of the Borough's discretion to award a contract based on Local Preference in KIB Code 3.30.060. SECTION 5: BID CHECKLIST Minimum Requirements: Your bid will be considered nonresponsive and rejected if not properly executed. For your convenience and assistance in preparation of your bid, the following checklist is offered for informational purposes. 1. Bidder Registration Form — Completed, signed, and submitted. 2. Bid Schedule - Completed, signed, dated, addenda acknowledged. 3. Corporate Acknowledgement - Completed and notarized. (When bid is by corporation) 4. Bid Bond — executed and ready to proceed upon contract execution. 5. Non- Collusion Affidavit - Completed and signed. 6. Alaska Business License - Copy of Original. Bids not including ALL of the above documents may be REJECTED as nonresponsive. Bids will be rejected which contain material alterations or erasures not initialed by the signer of the bid. No Qualified or otherwise Conditioned Bids will be accepted. SECTION 6: BID SCHEDULE Bidders must submit their bids on Attachment 2: Bid Schedule. The Bid Schedule outlines the minimum service required for this contract. Bidders must offer hourly rates and mark up percentage, as appropriate for each item listed. If applicable, the Borough is asking Bidders to submit additional information on available tiered service packages. Tiered package information should be added as an attachment to the Bid Schedule. Rates entered on the Bid Schedule must include all incidental costs such as, but not limited to, office support, insurance, tools, equipment, transportation, overhead, and profit. There shall be no additional charges for basic tools, equipment, and shop supplies. Kodiak Island Borough Invitation to Bid Page 6 of 6 Elevator Maintenance Services Contract No. FY2024-38 Approval For Elevator Maintenance Service With Ot... Page 77 of 151 AGENDA ITEM #14.A.1. SECTION 7: AGREEMENT Successful Bidder will be required to execute the contract agreement included as Attachment 4: Agreement. Bidders are encouraged to review the terms and conditions of the Agreement and if there are any questions to submit them during the bid period. Requests for modifications to the agreement will not be allowed once bids are submitted. SECTION 8: ATTACHMENTS 1. Attachment 1: Bidder Registration Form 2. Attachment 2: Bid Schedule 3. Attachment 3: Specifications (Scope of Work) 4. Attachment 4: Agreement Kodiak Island Borough Page 7 of 6 Invitation to Bid Elevator Maintenance Services Contract No. FY2024-38 Approval For Elevator Maintenance Service With Ot... Page 78 of 151 AGENDA ITEM #14.A.1. IMPORTANT Upon receipt of these bid documents, the Bidder shall fill out the information below and return to the Kodiak Island Borough in order to provide contact information to receive notification about additional information, addendum and any other information which may impact bid time or quantities. Only registered bidders will receive notifications. Name of Company: Contact Name: Address: Phone Number: Fax Number: Email: Return this form via fax, email, regular mail, or hand delivered to the following location: Patricia Valerio, Projects Assistant Engineering/Facilities Department Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615-6398 Phone: (907) 486-9341 Fax: (907) 486-9394 Email: pvalerio@kodiakak.us Kodiak Island Borough Page 1 of 1 Elevator Maintenance Services Attachment 1: Bidder Registration Form Contract No. FY2024-38 Approval For Elevator Maintenance Service With Ot... Page 79 of 151 AGENDA ITEM #14.A.1. KODIAK ISLAND BOROUGH ELEVATOR MAINTENANCE SERVICES BID SCHEDULE TO: The Kodiak Island Borough, Alaska, herein called the Borough: Bidder Please Note: Before preparing this Bid Proposal for the Kodiak Island Borough Elevator Maintenance Services, carefully read the Contract Requirements and know that the bid is based on BASIC SERVICES TO BE ROUTINELY PERFORMED as set forth in the Scope of Work (Section 4) of the Invitation to Bid. Any other work outside the scope will use the Additional Services line -item hourly rate and parts mark-up for billing purposes. Company/Firm Name Telephone Email - Business Address Is Local Preference asserted: YES BIDDER INFORMATION Fax No. NO Date , 2024. NOTE: If Bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of the officer or officers authorized to sign contracts on behalf of the corporation; if Bidder is a partnership, the true name of the firm shall be set forth above together with a signature of the partner or partners authorized to sign contracts in behalf of the partnership, and if Bidder is an individual, the appropriate signature shall be placed above. The Bidder shall insert a total bid amount for each item. NOTE: Failure to bid on each item may result in your bid being declared non-responsive. Award of Contract. The Borough shall have the right to reject this bid proposal and such bid proposal shall remain open and may not be withdrawn for a period of forty-five (45) days after the date prescribed for its closing. Execution of Contract and Performance Security. It is understood and agreed that if notice of the acceptance of this proposal and award of the Contract is made within forty-five (45) days after the opening of the proposal, or at any time thereafter before it is withdrawn in writing, the undersigned Bidder will execute and deliver the Agreement in the form set forth in the Contract Documents to the Borough in accordance with the proposal as accepted, and will also furnish and deliver to the Borough the performance and payment bonds as may be required, the Certificate of Insurance and policies of insurance and any other documents or bonds called for in the Contract Documents, all within ten (10) days after notice of acceptance and award of the Contract is given. Kodiak Island Borough Page 1 of 5 Elevator Maintenance Services Attachment 2: Bid Schedule Contract No. FY2024-38 Approval For Elevator Maintenance Service With Ot... Page 80 of 151 AGENDA ITEM #14.A.1. Notice of Acceptance. Notice of acceptance and award of the contract or requests for additional information may be addressed to the undersigned Bidder at the business address set forth at the end of this proposal. Bid Security. Accompanying this bid is the required bid security of $1,000.00 in the form of: Circle One: Cashier's Check Certified Check Bid Bond Pursuant to and in compliance with the Invitation to Bid, the undersigned Bidder, being fully familiarized with all the terms of the bid specifications hereby proposes and agrees to deliver, within the time and in the manner stipulated, the following services: Elevator Maintenance Services Description Estimated Bid Rate Annual Quantity Category 1 - Elevator Maintenance, Inspection, and Service (Required 4 $ Quarterly) Category 5 Testing (Within Contract 1 $ Term Hourly Rate for Certified Technician 20 $ Overtime Rate for Certified Technician 2 $ Hourly Rate for Crew 5 $ Overtime Rate for Crew 2 $ Parts Mark Up % Total Base Bid $ Tiered Service Packages: If applicable, please provide information on tiered service packages, their titles, costs, and what is included in each level of service package. This information should be included as an attachment to this bid form. Kodiak Island Borough Page 2 of 5 Elevator Maintenance Services Attachment 2: Bid Schedule Contract No. FY2024-38 Approval For Elevator Maintenance Service With Ot... Page 81 of 151 AGENDA ITEM #14.A.1. Receipt of Addenda. Receipt of the following Addenda to the Contract Documents is hereby acknowledged. Addendum Number Date (Note: Failure to acknowledge receipt of any addenda may be considered an irregularity in the proposal and grounds for rejection of the bid.) Bidder Company/Firm Representative Signature Authorizing Submission of Bid Form: Date: Signature Printed Name Kodiak Island Borough Page 3 of 5 Elevator Maintenance Services Attachment 2: Bid Schedule Contract No. FY2024-38 Approval For Elevator Maintenance Service With Ot... Page 82 of 151 AGENDA ITEM #14.A.1. CORPORATE ACKNOWLEDGEMENT (To be filled in when Documents are executed in behalf of a Corporation) UNITED STATES OF AMERICA ) )SS STATE OF ALASKA ) The foregoing instrument was acknowledged before me this , 2024 by of (Name of Officer) (Name of Corporation) Kodiak Island Borough Page 4 of 5 (Title of Officer) day of Corporation, on behalf of said Corporation. Notary Public My Commission Expires: Elevator Maintenance Services Attachment 2: Bid Schedule Contract No. FY2024-38 Approval For Elevator Maintenance Service With Ot... Page 83 of 151 AGENDA ITEM #14.A.1. NON -COLLUSION AFFIDAVIT (To be executed prior to award) UNITED STATES OF AMERICA ) )ss STATE OF ALASKA ) 1, of (Printed Name) (Firm Name) being duly sworn, do depose and state: 1, or the firm, association or corporation of which I am a member, a bidder, on the contract to be awarded, by the Kodiak Island Borough, for the: Kodiak Island Borough Electrical Services located at Kodiak, in the State of Alaska, have not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding a connection with such contract. Contractor Subscribed and sworn to this day of 20 Notary Public My Commission Expires: Kodiak Island Borough Elevator Maintenance Services Page 5 of 5 Attachment 2: Bid Schedule Contract No. FY2024-38 Approval For Elevator Maintenance Service With Ot... Page 84 of 151 ATTACHMENT 3 SPECIFICATIONS A. BACKGROUND AGENDA ITEM #14.A.1. The Borough is soliciting bids from qualified vendors to complete all required elevator maintenance and repairs as per the scope of work. B. SCOPE OF WORK 1. Contractor shall provide all services necessary to inspect, maintain, test and certifythe Kodiak Fisheries Research Center (KFRC) elevator as required by safety Code for Elevators and Escalators, ASME A17.1-2013. 2- Provide all labor, materials and certifications to complete the Borough's Elevator Maintenance and Inspections required by code. a Maintenance and inspections shall include the following elevators: a. AK #H000768 Kodiak Fisheries Research Center — Passenger - 2 Holed - 2500Lbs 4. All inspections and certifications must be completed before expiration from the previous year's inspections. C. DESCRIPTION OF WORK 1. The maintenance and service must be performed by trained personnel directly employed and supervised by the vendor. 2- All work shall be performed in accordance with the State of Alaska Department of Labor & Workforce Development adopted American Society of Mechanical Engineers (ASM E) A17.1 — 2013, Safety Code for Elevators and Escalators and the latest edition of the "American Standard Safety Code for Elevators, Dumbwaiters, and Escalators". a. The vendor shall perform all work ordered by the State of Alaska Elevator Inspector to ensure that the elevators and related equipment meet or exceed State of Alaska ANSI A17.1 code requirements. 3. The vendor shall evaluate the performance of the elevator and its equipment as often as needed, but at least once per quarter. a. The vendor shall provide a schedule of each inspection or evaluation to be done to the Borough. b. The vendor shall submit a report of each completed inspection or evaluation to the Borough in writing within ten (10) days of completing said inspection or evaluation. 4. MAINTENANCE/SERVICE: must include quarterly inspection, lubrication, repair, adjustment, and or replacement of the following parts: a. Controllers, including; relays, capacitors, contactors, leads, coils, line starters, transformers, fuse holders and fuses, switches, wiring, connections, resistors, rectifiers, power supplies, solid state equipment, microprocessors, selector components, selector tape and cable, mechanical and electrical driving components, etc. b. Motors, including; bearings, rotating elements, windings and coils, wiring, frames, mounts, belts, sheaves, and connections. Kodiak Island Borough Page 1 of 3 Attachment 3: Specifications Elevator Maintenance Services Contract No. FY2024-38 Approval For Elevator Maintenance Service With Ot... Page 85 of 151 AGENDA ITEM #14.A.1. c. Pump and pump motors, including; valves, valve manifolds, mufflers, hydraulic oil, filters, belts, pulleys, cylinder packing, above ground plunger and cylinder, including all connectors, generator set and brushes. d. Hoisting machine, including; cables, compensating chains, generator, regulator, gears, bearings, brake & lining, and drive sheave. e. Car door operator, door rollers, locks, hangers, spirators, gibs, guides, sash weights, sight guards, and car door protection. f. Safety switches, load weighing switches, hoistway switches, governors, governor components, tension sheaves, compensating sheaves, platforms, car and counterweight safety devices, counterweight guides, roller guides, counterweight sheaves. g. Fixtures including; car and hall buttons, car and hall lantern, position indicators, keyed switches, lamps, and emergency light and bell. h. Perform routine inspections and tests of vertical platforms in accordance with 8 AAC 77.025(a). i. Category 1 inspections, annual, and five-year (Category 5) full load test as required by ASME A17.1 2013 Safety Code for Elevators. 5. MALFUNCTIONS: In the event the elevator malfunctions between scheduled inspections, the vendor shall provide a qualified service representative for the purpose of repairing the elevator within a reasonable amount of time. a. The Borough has thirty (30) days from the date of services provided to report any malfunctions or deficiencies to the vendor. b. The vendor shall be responsible for all part or material costs to remedy such malfunctions or deficiencies. c. The vendor shall make all reasonable efforts to complete the work during normal work hours, and reasonable efforts to avoid extravagant expenditures in order to fix malfunctions or deficiencies that have been reported. D. SUITABLE MATERIAL 1. During the course of this contract, unless otherwise specified, all materials, supplies, or equipment offered by a vendor shall be new from the original equipment manufacturer (OEM), unused, of recent manufacture, and suitable for the manufacturer's intended purpose. 2- Obsolete or unavailable OEM parts must be replaced with the highest quality vendor parts available. 3. Minor consumable parts can be stocked on the job. The vendor must also stock minor parts specific to our elevators in their warehouse. Major parts not stocked must be shipped next day air when required. 4. The vendor warrants all articles, materials, and equipment supplied under a contract resulting from this request for quote to the specifications of this contract, to be fit and sufficient for the use specified, to be merchantable quality, and to be free from defect of materials or workmanship. 5. Equipment, articles, and/or materials received which do not conform o the above warranties, may be held at the vendor's risk of loss or damages, or returned at the vendors expense at the discretion of the Borough. E. DOCUMENTATION / INFORMATION LIBRARY 1. During the duration of this contract the vendor will coordinate with the Borough to Kodiak Island Borough Attachment 3: Specifications Page 2 of 3 Elevator Maintenance Services Contract No. FY2024-38 Approval For Elevator Maintenance Service With Ot... Page 86 of 151 AGENDA ITEM #14.A.1. have and maintain an information library that will be located in the elevator closet on site at all times. 2 This information library shall consist of manufacturer's equipment maintenance schedules, equipment schematics, layouts, parts list, etc., and other basic information needed to properly maintain the included elevator systems. a The vendor shall, within thirty (30) days of the award this contract, submit copies of the schedules, checklists, reports, and tests which will be used for conduction and recording all preventative maintenance for the Borough's information and to be stored in the information library. a. The Borough reserves the right to request additions or alterations to these documents as they deem necessary. 4. Upon termination of the contract, the Borough shall become sole owners of all the above referenced records. F. TERM OF CONTRACT 1. The contract start date will begin July 1, 2024 and could continue thereafter unless otherwise terminated as provided herein or until June 20, 2028. 2 Upon satisfactory performance, determined solely by the Borough Manager, the Borough may exercise the option to extend the contract for up to three (3) additional one (1) year periods by providing notice of the exercise of the option to extend at least 60 days before expiration of the current term. If the Borough provide notice of extension, the vendor shall accept or reject the extension within thirty (30) days of the date the notice is sent by the Borough. 3. Following the initial two-year period (2024-2026) requests for rate increases may be entertained by the Borough, and if acceptable, will be incorporated into each renewal. Kodiak Island Borough Page 3 of 3 Attachment 3: Specifications Elevator Maintenance Services Contract No. FY2024-38 Approval For Elevator Maintenance Service With Ot... Page 87 of 151 AGENDA ITEM #14.A.1. Attachment 4 Page 1 of 15 KODIAK ISLAND BOROUGH AGREEMENT FOR ELEVATOR MAINTENANCE SERVICES Contract No. 2024 -XX This Agreement made and entered into this _ day of , 2024, by and between the Kodiak Island Borough, hereinafter "Borough", a general law municipality and a Borough of the second class, whose address is: 710 Mill Bay Road, Kodiak, Alaska 99615, and COMPANY NAME., whose address is , [Address, City, State, Zip], and licensed and qualified to do business within the State of Alaska, hereinafter called "Contractor." RECITALS A. The Borough desires the performance, provision, and accomplishment of the work, services and materials described and set forth in Part 1, Section 2. B. Contractor represents that it is ready, able, and qualified to perform, and will perform, in all respects, all of the work, services, and materials, and to otherwise perform all of the terms, covenants, conditions and provisions of the Agreement in the manner, at the times, and for the consideration hereafter provided. Now, therefore, for and in consideration of the terms, covenants, conditions, and provisions contained herein, and/or attached and incorporated herein and made a part hereof, the parties hereto agree as follows. This contract consists of: A. Part I, consisting of eighteen (18) sections of General Provisions. B. Part 11, consisting of six (6) sections of Special Provisions. C. Acknowledgements D. Exhibits: A (Invitation to Bid), B (Bid Proposal) PART GENERAL PROVISIONS Section 1: Agreement to Perform. The Borough hereby agrees to engage the Contractor, and the Contractor hereby agrees to perform, complete, provide and furnish, in a timely and proper manner, and pursuant to and in accordance with all of the terms, covenants, conditions and provisions of this Agreement, all of the work, services, labor and materials required to accomplish all of the work described in Section 2 hereof at the times, in the manner, and for the consideration and payments hereinafter set forth. Kodiak Island Borough Elevator Maintenance Services Page 1 of 15 Contract FY2024-XX Contract No. FY2024-38 Approval For Elevator Maintenance Service With Ot... Page 88 of 151 AGENDA ITEM #14.A.1. Attachment 4 Page 2 of 15 Section 2: Description of Work. The Contractor shall perform, supply, and provide all of the work, services and materials; hereinafter collectively referred to as "work", as set forth and described on Exhibit A, attached hereto and incorporated herein by this reference. The work shall be performed in accordance with Bid Proposal, copy attached as Exhibit B and incorporated herein by reference. In the event of a conflict between this contract, Exhibit A or B, the terms of this contract shall prevail, then Exhibit A, then Exhibit B. Section 3: Time for Commencement and for Completion of Work. (a) Commencement. Contractor shall commence the work called for in this Agreement upon the giving of a Notice to Proceed by the Borough. (b) Contract Term. The initial contract period will terminate on June 30, 2026, with a provision for three (3) one -(1) year extensions at the option of the Borough and depending on the availability of funding. If the Borough offers an extension the Contractor will have not more than thirty (30) days to accept or refuse the offer. The parties may mutually agree to continue services after expiration of the final term on a month-to-month basis on the same rates until a new contract can be awarded. Section 4: Financial Terms. (a) Compensation and Payment. For and in consideration of the timely and proper performance of work authorized as provided herein, the Borough shall pay the Contractor at the rates provided for in the Contractor's Proposal, which rate schedule is attached as Exhibit B and incorporated herein by reference. Payments shall be based upon invoices, which may be submitted no more frequently than monthly. (b) No Additional Work. No claim for additional work, services or materials, not specifically and expressly requested and authorized as provided for in this Agreement, or by a written amendment thereto signed by both parties, done or furnished by the Contractor, will be allowed or paid by the Borough, and Contractor expressly waives any claim therefore. (c) Availability of Funds. This contract is subject to the availability of funds lawfully appropriated for its performance. (d) The Borough may delay or withhold payments from the Contractor for any of the following reasons: 1) The application for payment misstates the amount of services completed; or 2) Defective services not remedied. In the event funds are delayed or withheld the Borough shall provide the Contractor notice of the amount withheld and the basis upon which it is withheld. Section 5: Borough's Contracting Officer. For purposes of this Agreement, the Borough's contracting officer shall be the Borough Manager or such other person as is designated in writing by the Borough Manager. Section 6: Contractor Qualified. The Contractor expressly represents and warrants it is now and shall continue to be at all times during the performance of this Agreement, the holder of all required or necessary professional, business or other licenses or permits and is qualified and Kodiak Island Borough Elevator Maintenance Services Page 2 of 15 Contract FY2024-XX Contract No. FY2024-38 Approval For Elevator Maintenance Service With Ot... Page 89 of 151 AGENDA ITEM #14.A.1. Attachment 4 Page 3 of 15 capable of performing all of the work covered or called for by this Agreement and is presently ready, able and willing to undertake and perform all of such work and services, and to supply all necessary materials and equipment, at the times, and in a non -negligent professional and workmanlike manner, and pursuant to the terms, conditions and provisions, and for the compensation and payments as herein provided. Section 7: Termination. (a) By Consent. This Agreement may be terminated in whole or in part by the mutual consent of the parties. Such consent shall be in writing. (b) Termination for Cause. This Agreement may be terminated in whole or in part in writing by Borough in the event of failure by Contractor to fulfill any of the terms and conditions of this Agreement upon the giving of not less than five (5) calendar days prior written notice of intent to terminate in the manner provided in Part 1, Section 10, hereof. (c) Termination for Convenience of Borough. This Agreement may be terminated in whole or in part in writing by the Borough for Borough's convenience provided the Contractor is given not less than thirty (30) calendar days prior written notice of intent to terminate in the manner provided in Part 1, Section 10, hereof. (d) In the event termination by the Borough is effected pursuant to (b) above, the Contractor shall not be entitled to receive any further payment until the work is completed, or the Borough elects to not proceed further with the project. Upon completion of the work, or termination of the project in the event the Borough elects to not proceed with the project, the Contractor shall be paid as follows: 1) In the event the costs and expense of taking over, re -advertising and completing the project or the costs of closing out the project if the Borough elects to not proceed with the project (hereinafter referred to as "close out costs"), exceed the remaining unpaid amount of this Agreement, any amount which was otherwise due and unpaid to Contractor at the time of termination shall be applied to such increased costs in taking over, re -advertising and completing the project, (or applied to close out costs) and the remaining amount of such costs, if any, shall be paid by the Contractor to the Borough. 2) In the event said costs and expense of taking over, re -advertising and completing the project, (or close out costs) are less than the total amount which was otherwise due and unpaid to the Contractor at the time of termination, the increased costs of taking over and completing the project (or the close out costs) shall be deducted from the amounts due the Contractor and the balance, if any, paid to the Contractor without interest. (e) Upon receipt of a termination notice pursuant to paragraphs (b), (c), or (d) above, the Contractor shall promptly discontinue all services (unless the notice directs otherwise), and deliver or otherwise make available to the Borough all data, drawings, notes, specifications, reports, estimates, summaries, work in progress, and any and all other information and/or materials as may have been accumulated by the Contractor in performing this Agreement, whether completed or in process, and free and clear of any mechanics or other liens or claims in favor of Contractor or any other person. Kodiak Island Borough Elevator Maintenance Services Page 3 of 15 Contract FY2024-XX Contract No. FY2024-38 Approval For Elevator Maintenance Service With Ot... Page 90 of 151 AGENDA ITEM #14.A.1. Attachment 4 Page 4 of 15 (f) Upon termination pursuant to paragraphs (b), (c), or (d) above, the Borough may, but shall not be required to, take over the work and prosecute the same to completion by agreement with another person or otherwise, may elect to complete the work itself, or to not proceed further with the work and project. (g) If, after termination by the Borough pursuant to (b) above, it is determined that the Contractor had not so failed, the termination shall be deemed to have been affected for the convenience of the Borough. In such event, adjustment of the amounts to be paid to Contractor for termination shall be made as provided in paragraph (f) of this Section. (h) No other damages, whether for lost profits or otherwise, other than the amounts allowed and computed as provided for in this Section 7 shall be due or payable to Contractor in the event of termination. Section 8: Conflict of Interest. The Contractor covenants, warrants and represents that the Contractor has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner with the subject matter or the performance of this Agreement. The Contractor further covenants, warrants and represents that in the performance of this Agreement, no person having any such interest shall be employed. Section 9: Assignment and Subletting Prohibited. The Contractor shall not assign, transfer, convey, pledge, hypothecate, sublet, subcontract, or otherwise dispose of or encumber this Agreement, or the rights thereunder, nor shall the Contractor delegate any of his/her/its duties hereunder without the prior written consent of the Borough. Any such attempted assignment, transfer, conveyance, pledge, hypothecation, subletting, or other disposition, or the attempted assignment, disposition or delegation of duties or rights shall be null and void and of no force or effect and shall be grounds and cause for immediate termination of this Agreement without liability by and at the option of the Borough. Section 10: Notice. (a) Any notice, demand, request, consent, approval, or other communication that either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail at the address set forth below. Either party may change its address by notifying the other party of its change of address in writing. Notice shall be deemed to have been duly made and given when delivered if served personally, or upon the expiration of twenty-four (24) hours after the time of mailing if mailed as provided in this Section. Borough: Kodiak Island Borough ATT: Engineering & Facilities 710 Mill Bay Road Kodiak, AK 99615 Contractor: Kodiak Island Borough Page 4 of 15 COMPANY [ADDRESS) [CITY, STATE, ZIP] Elevator Maintenance Services Contract FY2024-XX Contract No. FY2024-38 Approval For Elevator Maintenance Service With Ot... Page 91 of 151 AGENDA ITEM #14.A.1. Attachment 4 Page 5 of 15 (b) The performance and administration of this program and this Agreement will be monitored by the Borough and such other agencies as may be required or authorized pursuant to the terms of any grant to the Borough. Necessary reports, in proper form, will be required as a prerequisite to any payment to the Contractor. (c) All project records shall be maintained by the Contractor for not less than three (3) years after completion and final acceptance of all work by the Borough and shall be subject to inspection and copying by the Borough or any funding agency during said period. Section 11: Status of Parties. (a) Independent Contractor. The Contractor shall perform its obligations hereunder as an independent contractor of the Borough. The Borough may administer the contract and monitor the Contractor's compliance with its obligations hereunder. The Borough shall not supervise or direct the Contractor other than as provided in this Section. (b) Relationship of the Parties. Nothing herein contained shall be deemed or construed by the parties hereto, nor by any third party, as creating the relationship of principal and agent or of partnership or of joint venture between the parties hereto, it being understood and agreed that neither method of computation of payment nor any other provision contained herein, nor any acts of the parties hereto, shall be deemed to create any relationship between the parties hereto other than the relationship of Borough and an independent Contractor. Section 12: Hold Harmless and Indem (a) The Contractor shall indemnify, defend, save and hold the Borough, its officers, employees and agents harmless from any and all claims, lawsuits, liabilities, penalties, or fines, including attorney's fees and costs, allegedly arising out of, in connection with, or incident to any loss, damage or injury to persons or property occurring as a result of the Contractor's or any subcontractor's intentional misconduct or negligent acts, errors or omissions in its performance pursuant to this contract. (b) Contractor further agrees to appear and defend, and to indemnify and save free and harmless the Borough and its officers, employees and agents from and against any of the foregoing claims, liabilities, penalties, fines or damages, whether or not valid, and for any cost and expense, including reasonable attorney's fees, incurred by the Borough, its officers, employees or agents on account of any claim therefore, including claims by reasons of any defects in any plans, drawings, specifications, computer programs, technical reports, or other work product of Contractor prepared for or submitted to the Borough pursuant to this Agreement provided said claim is not based upon a use of said plans, drawings, specifications or other work product for other than the purposes for which such data was prepared and submitted to the Borough. (c) Contractor shall keep the work free from all liens and shall indemnify and defend the Borough and hold it harmless from any claims of Contractor's subcontractors or suppliers. Section 13: No Third -Party Beneficiaries. Nothing in this Agreement shall be construed to give any person other than the Borough and the Contractor any legal or equitable right, remedy or claim under this Agreement, but it shall be held to be for the sole and exclusive benefit of the Borough and the Contractor. Kodiak Island Borough Elevator Maintenance Services Page 5 of 15 Contract FY2024-XX Contract No. FY2024-38 Approval For Elevator Maintenance Service With Ot... Page 92 of 151 AGENDA ITEM #14.A.1. Attachment 4 Page 6 of 15 Section 14: Compliance with Laws and Regulations. Contractor shall, at Contractor's sole cost and expense, comply with all of the requirements of all local, state, or federal laws, ordinances, or regulations now in force, or which may hereafter be in force, pertaining to this Agreement, or the project or work to be performed, and shall faithfully observe in the performance of this Agreement, all local, state, and federal laws, ordinances and regulations now in force or which may hereafter be in force. When a change in laws, ordinances or regulations results in additional costs, the Contractor may request a change order to cover those costs. Any such change order shall be limited to the Contractor's actual additional costs as a result of the change. The Contractor shall pay all taxes pertaining to its performance under this contract. Section 15: Successors and Assigns. Except as otherwise provided herein, the covenants, agreements and obligations herein contained shall extend to bind and inure to the benefit not only of the parties hereto but their respective personal representatives, heirs, successors and assigns. Section 16: Miscellaneous (a) Terminology. Whenever herein the singular number is used, the same shall include the plural, and the masculine gender shall include the feminine and neuter genders. (b) Law Applicable. The laws of the State of Alaska shall govern the construction, validity, performance and enforcement of this Agreement. Venue as to any action, claim, or proceeding arising out of, or based upon this Agreement, including, but not limited to, any action for declaratory or injunctive relief, shall be the appropriate Court sitting in the City of Kodiak, Third Judicial District, Alaska. (c) Paragraph Headings. The headings of the several sections and subsections contained herein are for convenience only and do not define, limit, or construe the contents of such sections and subsections. (d) Terms Construed as Covenants and Conditions. Every term and each provision of this Agreement performable by Contractor shall be construed to be both a covenant and a condition. (e) Time of the Essence. Time is of the essence of each term, condition, covenant, and provision of this Agreement. (f) Severability. In the event any provision of this Agreement is adjudicated or held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. (g) Nonwaiver. No delay or omission of the right to exercise any power by either party shall impair any such right or power, or be construed as a waiver of any default or as acquiescence therein. One or more waivers of any covenant, term, or condition of this Agreement by either party shall not be construed by the other party as a waiver of a subsequent breach of the same covenant, term or condition. The consent or approval by either party to any act by the other party of a nature requiring consent or approval shall not be deemed to waive or render unnecessary consent to or approval of any subsequent similar act. Section 17: Amendment. (a) This contract shall only be amended, modified, or changed by writing, executed by authorized representatives of the parties. Kodiak Island Borough Elevator Maintenance Services Page 6 of 15 Contract FY2024-XX Contract No. FY2024-38 Approval For Elevator Maintenance Service With Ot... Page 93 of 151 AGENDA ITEM #14.A.1. Attachment 4 Page 7 of 15 (b) For the purpose of any amendment modification or change to the terms and conditions of this contract, the only authorized representatives of the parties are: 1) Kodiak Island Borough, Borough Manager or designee 2) COMPANY, [NAME], Owner (c) Any attempt to amend, modify, or change this contract by either an unauthorized representative or unauthorized means shall be void. Section 18: Entire Agreement. This Agreement and any schedules, appendices or exhibits attached hereto sets forth all the covenants, promises, agreements, conditions, and understandings between the parties hereto, and there are no covenants, promises, agreements, conditions or understandings, either oral or written, between them other than as herein set forth. Except as herein otherwise expressly provided, no contemporaneous or subsequent agreement, understanding, alteration, amendment, change or addition to this Agreement, or any schedule, appendix, exhibit, or attachment thereto shall be binding upon the parties hereto unless reduced to writing and signed by both parties. This Agreement constitutes a final, complete, and exclusive statement of the agreement between the parties. PART II SPECIAL PROVISIONS Section 1: Insurance. (a) During the entire period of the project or work, the Contractor shall provide the following types of insurance. The Borough shall be insured as additional insured on all insurance policies except professional liability contracts. All policies shall have a thirty (30) day cancellation clause. Comprehensive automobile liability, bodily injury, and property damage, including all owned, hired and non -owned, automobile - $1,000,000 per each accident Workers' compensation as required by law and employer's liability coverage at a minimum of $1,000,000. 3. Commercial general liability insurance - $1,000,000 per occurrence and $2,000,000 aggregate. (b) Each policy of insurance required by this Section shall provide for no less than thirty (30) days' advance notice to the Borough prior to cancellation. Insurance certificates will be required to be submitted for review by the Borough Manager before the Borough will issue a notice to proceed. Failure to maintain coverage is a material breach and grounds for termination of the contract. (c) Should the Contractor fail to comply with the insurance requirements of this Agreement, the Kodiak Island Borough may terminate the Agreement on ten (10) days written notice. Section 2: Equal Employment Opportunity. Kodiak Island Borough Elevator Maintenance Services Page 7 of 15 Contract FY2024-XX Contract No. FY2024-38 Approval For Elevator Maintenance Service With Ot... Page 94 of 151 AGENDA ITEM #14.A.1. Attachment 4 Page 8 of 15 (a) The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, disability, national origin, ancestry, age, or sex. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, disability, national origin, ancestry, age, or sex. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. (b) The Contractor shall state in all solicitations or advertisements for employees to work on contract jobs to be let in the performance of this Agreement, that all qualified applicants will receive consideration for employment without regard to race, color, religion, disability, national origin, ancestry, age, or sex. (c) The Contractor agrees to fully cooperate with the office or agency of the State of Alaska which seeks to deal with the problem of unlawful or invidious discrimination, and with all other State efforts to guarantee fair employment practices under this Agreement, and said Contractor will comply promptly with all requests and directions from the State Commission of Human Rights or any of its officers or against relating to prevention of discriminatory employment practice. (d) Full cooperation as expressed in the foregoing clause (c) shall include, but not be limited to, being a witness in any proceeding involving questions of unlawful or invidious discrimination if such is deemed necessary by any official or agency of the State of Alaska, permitting employees of said Contractor to be witnesses or complainants in any proceeding involving questions of unlawful or invidious discrimination, if such is deemed necessary by any official or agency of the State of Alaska, or the Borough, participating in meetings, submitting periodic reports on the equal employment aspects of present and future employment, assisting in inspection of relevant facilities, and promptly complying with all State directives deemed essential by any office or agency of the State of Alaska, or the Borough, to insure compliance with all federal and state laws, regulations, and policies pertaining to the prevention of discriminatory employment practices. (e) Failure to perform any of the above agreements pertaining to equal employment opportunities shall be deemed a material breach of the contract and sufficient grounds for termination of this Agreement for cause without liability. Section 3: Contractor Responsible for Personnel. The Contractor has or will secure, at Contractor's own cost and expense, all personnel required to perform this Agreement in a timely and proper manner. The parties hereto agree and understand that such personnel shall in no event be deemed to be, and are not, employees, agents, or representatives of the Borough and such persons shall have no contractual or other relationship with the Borough, and the Borough shall have no responsibility or liability whatsoever to any of said persons, or for the acts or omissions of any of such persons. Section 4: Personnel Supervision. Contractor agrees that all work and services required or provided under this Agreement shall be performed personally by the Contractor, unless otherwise authorized in writing by the Kodiak Island Borough Elevator Maintenance Services Page 8 of 15 Contract FY2024-XX Contract No. FY2024-38 Approval For Elevator Maintenance Service With Ot... Page 95 of 151 AGENDA ITEM #14.A.1. Attachment 4 Page 9 of 15 Borough's contracting officer, and in such event all personnel engaged in any such work shall be fully qualified, and shall be licensed and authorized under applicable state, federal and local laws to perform such services. Section 5: Corporate Authority. If Contractor is a corporation, Contractor shall deliver to the Borough at the time of execution of this Agreement a certified copy of a resolution of its board of directors authorizing the execution of this Agreement and naming the officers that are authorized to execute this Agreement on behalf of the corporation. Section 6: Additional Terms and Conditions. This Agreement is subject to each of the additional terms, covenants, conditions, and provisions outlined in the scope of work attached hereto as Exhibit A, which are hereby expressly referred to and incorporated herein as though set forth in full. Kodiak Island Borough Page 9 of 15 Elevator Maintenance Services Contract FY2024-XX Contract No. FY2024-38 Approval For Elevator Maintenance Service With Ot... Page 96 of 151 AGENDA ITEM #14.A.1. Attachment 4 Page 10 of 15 ACKNOWLEDGMENTS Wherefore the parties have entered into this Agreement the date and year first above written. Date: Date: Kodiak Island Borough Page 10 of 15 KODIAK ISLAND BOROUGH: By: Aimee Williams Borough Manager ATTEST: By: Nova M. Javier Borough Clerk APPROVED AS TO FORM: By: Scott A. Brandt -Erichsen Borough Attorney CONTRACTOR: By: [COMPANY — Representative] [COMPANY NAME], Owner/Operator Elevator Maintenance Services Contract FY2024-XX Contract No. FY2024-38 Approval For Elevator Maintenance Service With Ot... Page 97 of 151 AGENDA ITEM #14.A.1. Attachment 4 Page 11 of 15 BOROUGH ACKNOWLEDGMENTS STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 2024, 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 to be the Borough Manager of the Kodiak Island Borough, a municipal corporation, the corporation which executed the above and foregoing instrument; who on oath stated that he was duly authorized to execute said instrument on behalf of said corporation; who acknowledged to me that he signed the same freely and voluntarily on behalf of said corporation for the uses and purposes therein mentioned. WITNESS my hand and official seal the day and year in the certificate first above written. (Seal) STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) NOTARY PUBLIC FOR ALASKA My Commission Expires: THIS IS TO CERTIFY that on this —day of , 2024, before me, the undersigned, a notary public in and for the State of Alaska, duly commissioned and sworn, personally appeared Nova M. Javier, to me known to be the Borough Clerk of the Kodiak Island Borough, a municipal corporation, the corporation which executed the above and foregoing instrument; who on oath stated that she was duly authorized to execute said instrument on behalf of said corporation; who acknowledged to me that she signed the same freely and voluntarily on behalf of said corporation for the uses and purposes therein mentioned. WITNESS my hand and official seal the day and year in the certificate first above written. (Seal) Kodiak Island Borough Page 11 of 15 NOTARY PUBLIC FOR ALASKA My Commission Expires: Elevator Maintenance Services Contract FY2024-XX Contract No. FY2024-38 Approval For Elevator Maintenance Service With Ot... Page 98 of 151 ACKNOWLEDGMENT LIMITED LIABILITY COMPANY STATE OF ALASKA ) ss. THIRD JUDICIAL DISTRICT AGENDA ITEM #14.A.1. Attachment 4 Page 12 of 15 I, , a Notary Public, in and for the State of , hereby certify that I whose name as manager/member of LLC., is signed to the foregoing instrument and who is known to me, acknowledged before me on this day that, being informed of the contents of the instrument, he or she, as such officer and with full authority, executed the same voluntarily for and as the act of said limited liability company. WITNESS my hand and official seal the day and year in this certificate above written. (Seal) NOTARY PUBLIC FOR ALASKA My Commission Expires:. CORPORATE CERTIFICATE I, , certify that I am the Secretary of the Corporation named as Contractor in the foregoing instrument; that , who signed said instrument on behalf of the Contractor, was then of said Corporation; that said instrument was duly signed for and on behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. Signature Kodiak Island Borough Page 12 of 15 Elevator Maintenance Services Contract FY2024-XX Contract No. FY2024-38 Approval For Elevator Maintenance Service With Ot... Page 99 of 151 AGENDA ITEM #14.A.1. Attachment 4 Page 13 of 15 CORPORATE ACKNOWLEDGMENT STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 2024, before me, the undersigned, a Notary Public in and for the State of duly commissioned and sworn, personally appeared (Name) and (Name) known to be the President and Secretary of the corporation which executed the above and foregoing instrument, and who on oath stated they were duly authorized to execute said instrument and acknowledged that they signed the same freely and voluntarily on behalf of said corporation for the purposes therein mentioned. WITNESS my hand and official seal the day and year in this certificate above written. (Seal) NOTARY PUBLIC FOR ALASKA My Commission Expires: Kodiak Island Borough Elevator Maintenance Services Page 13 of 15 Contract FY2024-XX Contract No. FY2024-38 Approval For Elevator Maintenance Service With Ot... Page 100 of 151 Wcn 1rr_1 INVITATION TO BID Kodiak Island Borough Page 14 of 15 AGENDA ITEM #14.A.1. Attachment 4 Page 14 of 15 Elevator Maintenance Services Contract FY2024-XX Contract No. FY2024-38 Approval For Elevator Maintenance Service With Ot... Page 101 of 151 WN: n Wry: CONTRACTOR'S BID PACKAGE AS SUBMITTED Kodiak Island Borough Page 15 of 15 AGENDA ITEM #14.A.1. Attachment 4 Page 15 of 15 Elevator Maintenance Services Contract FY2024-XX Contract No. FY2024-38 Approval For Elevator Maintenance Service With Ot... Page 102 of 151 AGENDA ITEM #14.A.2. KODIAK ISLAND BOROUGH STAFF REPORT JUNE 27, 2024 4 ' �s ASSEMBLY REGULAR MEETING SUBJECT: Contract No. FY2025-02 Animal Control Contract Between Kodiak Island Borough And The City of Kodiak For July 1, 2024 to June 30, 2026 For The Amount of $154,430 For Year One And $156,930 For Year Two ORIGINATOR: Aimee Williams, Borough Manager RECOMMENDATION: Move to authorize the Borough Manager to sign the Contract No. FY2025-02 with the City of Kodiak for Animal Control services for July 1, 2024, to June 30, 2026, for the amount of $154,430 for year one and $156,930 for year two. DISCUSSION: The Kodiak Island Borough (KIB) recognizes the need for the control of animals outside of cities for the purpose of protecting the public health and safety. The KIB is authorized to partner with the City of Kodiak to provide animal control services under KIB Code Subsection 6.04.200 (C). The $154,430 is split equally between the City of Kodiak's agreement with the Humane Society and the salary costs for the animal control officer. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Kodiak Island Borough Contract No. FY2025-02 Animal Control Contract Between Kodiak Island Bor... Page 103 of 151 AGENDA ITEM #14.A.2. ANIMAL CONTROL CONTRACT Between the CITY OF KODIAK and the KODIAK ISLAND BOROUGH THIS AGREEMENT is made and entered into by and between the KODIAK ISLAND BOROUGH, hereinafter "KIB" and the CITY OF KODIAK, hereinafter "CITY," in consideration of the mutual promises contained herein and shall be effective July 1, 2024, as specified herein. WHEREAS, the KIB adopted Ordinance No. 86-16-0(A) authorizing the control of animals outside of cities for the purpose of protecting the public health and safety; and WHEREAS, the KIB wishes and is authorized to contract for animal control service by Kodiak Island Borough Subsection 6.04.200(C); and WHEREAS, the CITY is willing to provide said services to the KIB. NOW, THEREFORE, the parties hereto covenant and agree as follows: Section 1. DEFINITIONS. In this contract: A. "KIB" means the Kodiak Island Borough. B. "Animal Code" means Chapter 6.04 of the Kodiak Island Borough Code and any amendments thereto. C. "Animal Shelter" means the City of Kodiak Animal Shelter. D. "Chief Animal Control Officer" means the Kodiak Island Borough Manager or his/her designee. E. "Complaint" means a request to the CITY for service or services. F. "CITY" means City of Kodiak, its agents and employees. Section 2. SCOPE OF SERVICES. A. The CITY shall provide non -sworn law enforcement personnel and resources to enforce KIB animal control related codes and ordinances and provide a facility to perform those animal control services set forth in this contract. Animal Control Services City Contract No. 262995 KIB Contract No. FY2025-02 Page 1 of 6 Contract No. FY2025-02 Animal Control Contract Between Kodiak Island Bor... Page 104 of 151 AGENDA ITEM #14.A.2. Section 3. ENFORCEMENT AND COMPLAINT RESPONSE; ANIMAL CONTROL OFFICER(S). A. The CITY shall employ Community Service Officer(s) (CSO) who shall respond to complaints in the Kodiak Island Borough in the following priority: (1) Kodiak Police Department and Alaska Troopers emergency calls; (2) quarantine violations; (3) dog bites or aggressive dogs; (4) injured animals; (5) cruelty to animals; (6) trapped animals; (7) loose animals; (8) animal noise complaints; and (9) patrol of neighborhoods experiencing animal nuisance problems. B. The CSO will patrol and respond to complaints originating within the communities of Monashka Bay, Spruce Cape, and Woman's Bay. The CSO will only respond to complaints originating within the communities of Anton Larson, Chiniak, and Pasagshak. The CSO will not patrol or respond to areas away from the road system. C. CSO may issue citations for subject violations of the Animal Code, participate in the prosecution of such citations, and investigate and prepare reports regarding serious code violations. The CSO shall impound stray dogs and other domestic animals which are subject to impoundment; when necessary, bring animals into the Animal Shelter under protective custody; enforce the quarantine of animals that have bitten persons; inspect, for sanitary conditions, premises where animals are kept; administer first aid to animals; participate in administrative hearings; and generally assist, in a professional manner, citizens and other law enforcement agencies who have requested help with animal problems. D. The CITY shall provide around-the-clock, seven -days -per -week telephone answering service to accept and record animal complaints and calls from the public. E. The CITY will use its best efforts to respond in a timely manner to all calls of an emergency nature (e.g., vicious animals, cruelty to animals, trapped animals) received. F. CSO patrols and non -emergency response services shall be made available to the public on a regular basis. Section 4. CARE, REDEMPTION, ADOPTION, AND DEPOSITION OF ANIMALS. Care, redemption, adoption, and deposition of animals and hours of Animal Shelter operation shall coincide with those established by the CITY, as a municipal government, for Animal Control operations presently administered within the city limits. The CITY will provide the facility and furnishings, patrol vehicles, operating supplies, and applicable insurance. Animal Control Services City Contract No. 262995 KIB Contract No. FY2025-02 Page 2 of 6 Contract No. FY2025-02 Animal Control Contract Between Kodiak Island Bor... Page 105 of 151 AGENDA ITEM #14.A.2. Section 5. INSURANCE. A. The CITY shall provide insurance coverage in the following amounts: a. Workers' Compensation insurance as required by AS 23.30.045 or any other applicable statutes or regulations. b. General Liability insurance with a minimum of $10,000,000 per occurrence and/or aggregate combined single limit, personal injury, bodily injury, and property damage. c. Vehicle Liability insurance including applicable uninsured/underinsured coverage, with limits of liability of not less than a minimum of $1,000,000 per occurrence combined single limit bodily injury and property damage. B. The following shall be Additional Insureds: The KIB, including all elected and appointed officials, all employees and volunteers, all boards, commissions and/or authorities and their board members, employees, and volunteers. This coverage shall be primarily to the KIB, and not contributing with any other insurance or similar protection available to the KIB, whether other available coverage be primary, contributing, or excess. C. To the extent allowed by law and subject to appropriation, KIB and City each hereby releases and agrees to defend, indemnify, and hold the other party, elected and appointed officials, employees, contractors, and volunteers harmless from and against all claims, demands, causes of action, suits, damages, liabilities, losses, and expenses including court costs and reasonable attorney's fees, and all loss, damage, injury, or death resulting to the indemnifying party's property, subcontractors, or personnel, arising out of or in connection with the services, or the performance of this agreement, whether or not such loss, damage, injury, or death is alleged to be due to the act, omission, negligence (whether contributory, joint, or sole) fault or strict liability of the indemnified party. In no event shall either party be liable to the other for indirect, special, incidental or consequential damages, including, but not limited to, loss of profits, loss of use of assets or loss of product or facilities downtime. D. A sixty (60) days' Notice of Cancellation or Change, Non -Renewal, Reduction and/or Materials Change shall be sent to the KIB at the address indicated in Section 11 (Notices) of this agreement. E. The CITY shall provide evidence of coverage, with endorsements, to the KIB at the time that the contract is executed, as listed below: • Certificate of Workers' Compensation Insurance • Certificate of General Liability Insurance • Certificate of Vehicle Liability Insurance F. If any of the above coverage is amended or expires during the term of the contract, the CITY shall deliver renewal certificates and/or policies to the KIB at least ten (10) days prior to the expiration date. Animal Control Services City Contract No. 262995 KIB Contract No. FY2025-02 Page 3 of 6 Contract No. FY2025-02 Animal Control Contract Between Kodiak Island Bor... Page 106 of 151 AGENDA ITEM #14.A.2. The CITY shall not commence operations under this agreement until it has obtained the coverage required under the terms of this agreement. All coverage shall be with insurance carriers licensed and admitted to do business in the State of Alaska. All coverage shall be with carriers acceptable to the KIB. If the CITY fails to comply with the insurance requirements of this agreement, the KIB may terminate the agreement on ten (10) days' written notice. The CITY covenants to maintain all insurance policies required in this agreement for the period of time in which a person may commence a civil action as prescribed by the applicable statute of limitations. The coverage required by this agreement shall cover all claims arising in connection with the CITY activity authorized under this agreement, whether or not asserted during the term of this agreement and even though judicial proceedings may not be commenced until after this agreement expires. Section 6. LICENSING. A. The CITY shall administer the licensing of individual dogs as stated in the Animal Code and in the KIB fee schedule. B. The CITY shall post a public notice in the Animal Shelter lobby, as well as provide periodic newspaper and public service announcements, stating that all dogs over three months of age must be licensed. C. All tags, certificates, and other supplies necessary for licensing will be provided by the CITY. Section 7. CUSTOMER SERVICE. The CITY will publish hours for public access to recover or adopt animals five days per week and have available emergency response capability to access the Animal Shelter on a twenty-four (24) hour per day basis. Section 8. FEE COLLECTION. A. The CITY shall collect any licensing fees authorized by the Animal Code and periodically transfer the amount collected to the KIB. B. Kodiak Island Borough may conduct a periodic audit or review of the CITY's fee collection process. Animal Control Services City Contract No. 262995 KIB Contract No. FY2025-02 Page 4 of 6 Contract No. FY2025-02 Animal Control Contract Between Kodiak Island Bor... Page 107 of 151 AGENDA ITEM #14.A.2. Section 9. CONTRACT TERM. This contract is effective from the date of execution through June 30, 2026, and the parties may review and renegotiate terms and costs annually. Section 10. CONTRACT ADMINISTRATION AND MANAGEMENT. A. The KIB Community Development Department shall administer this contract on behalf of KIB. B. The Kodiak City Manager shall administer this contract on behalf of the CITY. Section 11. NOTICES. Any notice required pertaining to the subject of this contract shall be personally delivered or mailed by prepaid first class registered or certified mail, return receipt requested, to the following addresses: KODIAK ISLAND BOROUGH CITY OF KODIAK Borough Manager City Manager 710 Mill Bay Road #125 710 Mill Bay Road #114 Kodiak, AK 99615 Kodiak, AK 99615 Section 12. INSPECTION AND RETENTION OF RECORDS. The CITY shall maintain an accounting and documentation of expenditures and shall allow KIB to examine such records as well as any of the CITY's records with respect to animal control matters at all times during normal business hours and as often as KIB may deem necessary, including the City's approved records retention period after the termination of this contract. The CITY shall permit KIB to audit, examine, and make copies, and/or excerpts or transcripts from such records and to audit all invoices, materials, payrolls, records or personnel, and other data relating to any matter covered by this contract. The CITY shall maintain all of its records pertaining to this contract for a period of not less than two years after termination of this contract. Section 13. BUDGET AND REIMBURSEMENT OF EXPENSES. A. Upon condition of satisfactory performance in all respects by the CITY and subject to the remainder of this section, KIB shall pay the CITY a sum of $154,430 for year one and $156,930 for year two. The compensation shall be paid in advance in semi-annual installments, July 1 and January 1. B. The CITY and KIB shall separately assume any legal costs associated with animal control enforcement within their respective areas of jurisdiction. Animal Control Services City Contract No. 262995 KIB Contract No. FY2025-02 Page 5 of 6 Contract No. FY2025-02 Animal Control Contract Between Kodiak Island Bor... Page 108 of 151 AGENDA ITEM #14.A.2. C. The KIB shall be responsible for direct costs associated with the transportation, lodging, feeding, and veterinarian services for animals outside the CITY that cannot be transported by the Animal Control Officer and/or are not able to be lodged at the Kodiak Animal Shelter, provided prior written approval has been obtained from KIB. Section 14. AMENDMENT OR TERMINATION. This Agreement will become effective July 1, 2024, and continue in force until June 30, 2026, except that, in addition to the termination provisions in Section 6.17. (Insurance), it may be terminated by either party upon thirty (60) days' written notification to the other. The City will refund any prepaid amount within ten (10) days of termination, on a pro -rata basis. This Agreement may be amended by written agreement of the parties. IN WITNESS WHEREOF, the parties have executed this contract on the date and at the place shown below: CITY OF KODIAK Josephine H. Bahnke Acting City Manager ATTEST: Michelle Shuravloff-Nelson, MMC City Clerk Animal Control Services City Contract No. 262995 KIB Contract No. FY2025-02 KODIAK ISLAND BOROUGH Date Aimee Williams Borough Manager Date ATTEST: Date Nova Javier Date Borough Clerk Page 6 of 6 Contract No. FY2025-02 Animal Control Contract Between Kodiak Island Bor... Page 109 of 151 AGENDA ITEM #14.A.2. Ch. 6.04 Animal Control I Kodiak Island Borough Code Page 1 of 1 6.04.200 Animal control officer. A. Appointment. The manager shall appoint a chief animal control officer who has charge of all animal shelters and of the operation of the animal control office. In the event that the operation of the animal control office is accomplished by contract under subsection C of this section, the chief animal control officer shall be responsible for supervising the activities of the contractor, and he shall delegate to the contractor all authority reasonably necessary to carry out the provisions of the contract. B. Deputy Animal Control Officers. As may be necessary, one or more deputy animal control officers may be appointed to carry out the provisions of this title. C. Contract for Services. The manager may contract on behalf of the borough for services to carry out the provisions of this title. [Ord. 98-12 §2,1998; Ord. 86-16-0(A) §2. Formerly §6.04.150]. The Kodiak Island Borough Code is current through Ordinance FY2025-02, and legislation passed through May 16, 2024. Disclaimer: The borough clerk's office has the official version of the Kodiak Island Borough Code. Users should contact the borough clerk's office for ordinances passed subsequent to the ordinance cited above. Borough Website: www.kodiakak.us Borough Telephone: (907) 486-9300 Hosted by Code Publishing Company, A General Code Company. The Kodiak Island Borough Code is current through Ordinance FY2025-02, and legislation passed through May 16, 2024. Contract No. FY2025-02 Animal Control Contract Between Kodiak Island Bor... Page 110 of 151 AGENDA ITEM #14.A.3. KODIAK ISLAND BOROUGH STAFF REPORT JUNE 27, 2024 4 ' �s ASSEMBLY REGULAR MEETING SUBJECT: Contract No. FY2025-03 Building Inspection Program Memorandum Of Agreement Between The Kodiak Island Borough And The City of Kodiak For Fiscal Year 2025 To Fiscal Year 2029 ORIGINATOR: Aimee Williams, Borough Manager RECOMMENDATION: Move to authorize the Manager to sign Contract No. FY2025-03 Building Inspection Program Memorandum of Agreement with the City of Kodiak for Fiscal Year 2025 to Fiscal Year 2029. DISCUSSION: This Memorandum of Agreement (MOA) reestablishes the responsibilities of both the City of Kodiak and the Kodiak Island Borough in continuing the single program for the inspection of buildings with the jurisdiction of both governments. In addition to building inspection, there are also attached appendixes for the Zoning Compliance Program and the Fire Safety Program. This MOA has been on a month-to-month agreement since its expiration at the end of FY23. This updated agreement is good for five years and will expire on June 30, 2029. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Kodiak Island Borough Contract No. FY2025-03 Building Inspection Program Memorandum OfAgreeme... Page 111 of 151 AGENDA ITEM #14.A.3. MEMORANDUM OF AGREEMENT Between KODIAK ISLAND BOROUGH and the CITY OF KODIAK for BUILDING INSPECTION PROGRAM On April 15, 1988, the Kodiak Island Borough and the City of Kodiak established a single program for the inspection of buildings within the jurisdiction of both governments. This memorandum of agreement (hereinafter "MOA") reestablishes the parameters of the shared building inspection program that serves the residents of both jurisdictions. Objectives 1. To provide for a single building inspection program for the City of Kodiak and the Kodiak Island Borough. 2. To ensure a consistent application of building regulations in the City of Kodiak and the Kodiak Island Borough. 3. To reduce the total cost of building inspection services in the Kodiak Island Borough and the City of Kodiak. 4. To provide an economical, efficient, and effective building inspection program for residents of the Kodiak Island Borough and the City of Kodiak. Points of Agreement 1. The Kodiak Island Borough (hereinafter "Borough") hereby contracts with the City of Kodiak (hereinafter "City") for building inspection services. Personnel aspects of the program are the responsibility of the City, and the building official and deputy building official shall be employees of the City. A. These services will include the following: (i) a full-time building official; (ii) a full-time deputy building official; (iii) typical functions associated with an operational building inspection program; (iv) administration and enforcement of Borough Code Title 15, Buildings and Construction, including issuing permits, checking plans, performing field inspections, maintaining records of each permit, and maintaining statistical records; KIB & COK MOA Building Inspection Program City Record No. 263145 KIB Contract No. FY2025-03 Page I of 7 Contract No. FY2025-03 Building Inspection Program Memorandum Of Agreeme... Page 112 of 151 AGENDA ITEM #14.A.3. (v) records will be kept on each building permit and will include at a minimum, the following applicable information: building permit applications, approved plans and specifications; the as -built site plan; compaction report on engineered fills; and inspection reports on all inspections performed; and (vi) issuance of a certificate of occupancy and/or final inspection report when construction, for which a permit was issued, is completed. The borough assessor shall be provided with a copy of all certificates of occupancy and/or final inspection reports on a monthly basis. B. The Borough will supply the office space for building inspection program. C. The City will supply the vehicle for the building inspection program. D. Monthly and annual reports of building permit activities will be submitted on forms agreed upon by the Borough and the City Managers. 2. In all cases, the building official will be responsible for ensuring that all structures are in compliance with locally adopted codes. The Borough or the City may, on a case-by-case basis, request from the building official approval to use alternative personnel for ensuring that public construction projects meet adopted codes. The building official may deny approval for the use of alternative personnel based on the lack of appropriate qualifications of the personnel. All code compliance inspection reports or similar records generated for public construction projects shall become part of the building file maintained in the building inspection program office. If approval is granted by the building official for the use of alternative personnel, a permit fee will not be charged for the portion of the project inspected by the alternative personnel; however, the value of any portion of a public construction project inspected by alternative personnel will be included in the project owner's portion of the permit value calculations for building inspection program operations. If building inspection program staff perform code compliance inspections for a public construction project, then the project will be charged the applicable building permit, electrical permit, or plumbing permit fees, and the project or portion of the project inspected will not be included in the permit value calculations for building inspection program operations. 3. The costs of the building inspection program shall be identified in the annual budget and will be split equally between the City and the Borough. Such costs will exclude the vehicle costs (fuel, vehicle repair and maintenance, and vehicle replacement cost) and shall be paid on a quarterly basis. The annual cost for the building fire safety inspection will be $5,000 and shall be paid in advance. Payments by the Borough shall be made promptly upon billings submitted by the City. 4. The Borough Community Development Department will work with the City Department of Building Safety to ensure adherence to this MOA is implemented. This MOA is not intended to replace current day-to-day communications between staff, which are encouraged to continue. All policy issues, whether City, Borough, or joint, will be referred to the Borough Manager and City Manager for joint resolution. A. The MOA for zoning compliance is incorporated, in total, in this MOA and is labeled Appendix A. KIB & COK MOA Building Inspection Program Page 2 of 7 City Record No. 263145 KIB Contract No. FY2025-03 Contract No. FY2025-03 Building Inspection Program Memorandum Of Agreeme... Page 113 of 151 AGENDA ITEM #14.A.3. B. The MOA for the building fire safety inspection for the Kodiak road system is incorporated, in total, in this MOA and is labeled Appendix B. 5. The Borough and the City shall review and revise their respective Building Codes and maintain identical regulations that include, but are not limited to, the following: A. Building Code; B. Electrical Code; C. Plumbing Code; D. Mechanical Code; E. Fuel Gas Code; F. Fire Code; G. Ordinances providing for fire safety review and approval of plans and specifications, and the enforcement of state fire statutes and regulations; I. Building Valuations; and J. Standard plans to address the common projects most often requiring engineering. 6. The Borough shall adopt an ordinance that requires the identification of lot corners in the field prior to commencement of construction. Insurance A. The City shall provide liability insurance. Upon request the City shall provide the Borough with evidence of the insurance coverage in force. If the Borough should conclude that the insurance coverage obtained by the City is inadequate to protect its interest, the Borough shall give the City written notice of its concerns and shall request that the insurance coverage maintained by the City be broadened or increased in certain particulars. B. Any liability insurance policy obtained by either the City or the Borough shall contain a waiver of all subrogation claims against the other party. C. The Borough agrees to indemnify and hold the City harmless from any and all uninsured claims or damages arising out of actions or omissions of the staff of the building inspection program which are associated primarily with implementation of this agreement with respect to property lying outside of the City and the City agrees to indemnify and hold harmless the Borough from any and all uninsured claims or damages arising out of actions or omissions of the staff of the building inspection program which are associated primarily with implementation of this agreement with respect to property lying within the City. 8. The Borough and the City shall separately assume any legal costs associated with building inspection program enforcement within their respective jurisdictions. 9. It is the responsibility of the building inspection program staff to initiate Borough and City building and related code updates. All Borough and City code revisions that may affect the building inspection program shall be provided to the building official for review and comment. KIB & COK MOA Building Inspection Program City Record No. 263145 KIB Contract No. FY2025-03 Page 3 of 7 Contract No. FY2025-03 Building Inspection Program Memorandum Of Agreeme... Page 114 of 151 AGENDA ITEM #14.A.3. 10. Standard Plans. The City and the Borough will jointly develop and pay for engineering designs for small residential construction projects that are similar in nature that cannot be built prescriptively under the building code. Total annual cost shall not exceed $15,000 annually, to be split evenly between the parties. The Managers will work together to determine the plans to be developed. Term of Aereement 1. The term of this MOA is for a period of five (5) years and shall become effective on July 1, 2024 through June 30, 2029, unless earlier terminated pursuant to this section. For avoidance of doubt, the current agreement which is effective on July 1, 2023, is on a month-to-month basis and shall continue until the effective date of this MOA. 2. This MOA may be terminated by either party upon ninety (90) days' written notice in advance to the other party. IN WITNESS WHEREOF, the parties have executed this agreement on the date shown below. KODIAK ISLAND BOROUGH Aimee Williams, Borough Manager Date: ATTEST: Nova Javier, Borough Clerk Date: KIB & COK MOA Building Inspection Program City Record No. 263145 KIB Contract No. FY2025-03 CITY OF KODIAK Josephine (Josie) H. Bahnke, Acting City Manager Date: ATTEST: Michelle Shuravloff-Nelson, MMC, City Clerk Date: Page 4 of 7 Contract No. FY2025-03 Building Inspection Program Memorandum Of Agreeme... Page 115 of 151 AGENDA ITEM #14.A.3. Appendix A of the Building Inspection Program MOA ZONING COMPLIANCE PROGRAM On March 1, 1984, the Kodiak Island Borough (Borough) and the City of Kodiak (City) established a coordinated procedure for the enforcement of zoning regulations within the city limits. This Appendix replaces the original Zoning Compliance MOA of 1984, and provides a procedure for the inspection of zoning requirements through the building inspection program. Objectives 1. To provide zoning compliance inspections in conjunction with building inspections as stated in the points of agreement. 2. To ensure a coordinated and consistent zoning compliance inspection program. 3. To provide a specific and acceptable process that defines the responsibilities of the Borough and the City for implementing zoning compliance inspections as a function of the building inspection program. Points of Agreement 1. No building permit will be issued without written zoning authorization from the Borough, except as may be otherwise provided for in the Borough Code. Written zoning authorization by the Borough will be on a form provided by the Borough and printed in a format mutually agreed to by the City and the Borough. The format shall include at a minimum the following information: A. property corner markers with identification or other acceptable markers must be in place and available for verification of setback distances; and B. applicant acknowledgment that the information provided on the authorization is correct, and that the applicant agrees to comply with all ordinances and laws regulating zoning compliance. The written zoning authorization will be specific in its identification of regulations that require compliance, including any approvals or conditions specified by the Borough Planning and Zoning Commission. While conducting site inspections as part of the building inspection process, it will be the responsibility of the Department of Building Safety staff to note all violations of the written zoning authorization and to inform both the applicant and the Borough Community Development Department of any violations including, but not limited to, the following: A. setback requirements; B. height restrictions; KIB & COK MOA Building Inspection Program City Record No. 263145 KIB Contract No. FY2025-03 Page 5 of 7 Contract No. FY2025-03 Building Inspection Program Memorandum Of Agreeme... Page 116 of 151 AGENDA ITEM #14.A.3. C. off-street parking requirements and development standards; and D. permitted uses. 5. In cases of confusion or conflict between the applicant and the building inspection program staff over either the written zoning authorization or the imposition of specific zoning regulations, the issue will be brought to the Community Development Department for resolution. In cases when there are violations of both the zoning and building codes, the Community Development Department and Building Inspection Program staff shall engage in joint signatures on violation letters and joint site inspections. KIB & COK MOA Building Inspection Program City Record No. 263145 KIB Contract No. FY2025-03 Page 6 of 7 Contract No. FY2025-03 Building Inspection Program Memorandum Of Agreeme... Page 117 of 151 AGENDA ITEM #14.A.3. Appendix B of the Building Inspection Program FIRE SAFETY INSPECTION PROGRAM The Kodiak Island Borough and the City of Kodiak wish to establish a coordinated fire safety inspection program throughout each respective jurisdiction. Objective To enforce State fire safety laws as established in AS 18.70 and AS 18.72 and all regulations adopted pursuant to these statutes through a local fire safety program. Points of Agreement 1. It will be the responsibility of the City of Kodiak Fire Department to administer and enforce the requirements of the fire safety program on the contiguous Kodiak road system. 2. Additional inspections requested by the Borough will be scheduled in as timely a manner as possible by the City Fire Department. 3. The Borough shall be financially responsible for the fire safety inspection program outside the boundaries of the City. 4. This agreement will adhere to the requirements of the City of Kodiak's deferment from the State of Alaska Fire Marshall and as outlined in AS 18.70 and 18.72. KIB & COK MOA Building Inspection Program City Record No. 263145 KIB Contract No. FY2025-03 Page 7 of 7 Contract No. FY2025-03 Building Inspection Program Memorandum Of Agreeme... Page 118 of 151 AGENDA ITEM #14.8.1. KODIAK ISLAND BOROUGH STAFF REPORT JUNE 27, 2024 4 ' �s ASSEMBLY REGULAR MEETING SUBJECT: Resolution No. FY2024-22 Authorizing The Disposal Of Borough Land To The Kodiak Electric Association For The Purpose Of A Utility Right -Of -Way And Easement ORIGINATOR: Meagan Christiansen, Grant Writer/Special Projects Support RECOMMENDATION: Move to adopt Resolution No. FY2024-22. DISCUSSION: Kodiak Electric Association has requested an easement upon Borough land located generally behind the Safeway store for installation and maintenance of a high voltage underground conductor as an alternative route for the Dark Lake feeder line. In accordance with Borough code, the Planning and Zoning Commission has reviewed the request for disposal (use of) Borough land and provided their favorable recommendation via P&Z resolution no. FY2024- 02. A copy of the Planning and Zoning Commission resolution along with a copy of the plat indicating placement of the easement, and KEA's Right-of-way Easement Agreement are attached for use in consideration of this resolution. ALTERNATIVES: Amend, fail, or take no action. FISCAL IMPACT: This easement will be included with others for which KEA pays an annual fee to KIB. OTHER INFORMATION: Kodiak Island Borough Resolution No. FY2024-22 Authorizing The Disposal Of Borough Land To The... Page 119 of 151 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. FY2024-22 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AUTHORIZING THE DISPOSAL OF BOROUGH LAND TO THE KODIAK ELECTRIC ASSOCIATION FOR THE PURPOSE OF A UTILITY RIGHT-OF-WAY AND EASEMENT WHEREAS, the Kodiak Electric Association has requested a ten -foot -wide right-of-way and easement for electric utilities upon a portion of Lot 2A Lakeside Subdivision 2nd Addition which is Kodiak Island Borough owned land; and WHEREAS, Kodiak Island Borough Code (KIBC) 18.20.030 requires review of each proposed disposal of borough land by the Planning and Zoning Commission and that the Planning and Zoning Commission by resolution, make a recommendation to the assembly; and WHEREAS, KIBC 18.20.170 defines "disposal' as any transfer of real property; and WHEREAS, the principal purpose of the Planning and Zoning Commission review is to consider if the identified land will be to the benefit of the public if disposed of; and WHEREAS, the Planning and Zoning Commission has reviewed this proposed disposal and recommends approval via their Resolution No. 2024-02; and WHEREAS, KIBC 18.20.100 (B) allows for property disposal at less than fair market value to a non-profit association upon a finding by the assembly that the disposal will allow the use of the land for a public purpose beneficial to the borough. NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that the Kodiak Island Borough Assembly finds it is in the public interest to dispose of a ten -foot -wide easement upon a portion of Lot 2A Lakeside Subdivision 2nd Addition for less than fair market value to the Kodiak Electric Association and authorizes the Manager to enter into a right-of-way easement agreement for the provision of public electric utilities. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2024 KODIAK ISLAND BOROUGH Scott Arndt, Borough Mayor Resolution No. FY2024-22 ATTEST: Nova M. Javier, MMC, Borough Clerk Page 1 of 2 Resolution No. FY2024-22 Authorizing The Disposal Of Borough Land To The... Page 120 of 151 AGENDA ITEM #14.8.1. 44 VOTES: 45 Ayes: 46 Noes: 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 Resolution No. FY2024-22 Page 2 of 2 Resolution No. FY2024-22 Authorizing The Disposal Of Borough Land To The... Page 121 of 151 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 AGENDA ITEM #14.8.1. Introduced by: Community Development Department Requested by: Kodiak Electric Association Drafted by: Joe Grochmal —Associate Planner Introduced on: 05/15/2024 Adopted on: KODIAK ISLAND BOROUGH Planning and Zoning Commission RESOLUTION NO. FY2024-02 A RESOLUTION OF THE KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION RECOMMENDING THE ASSEMBLY APPROVE THE DISPOSAL OF A PORTION FOR LAKESIDE 2ND LT 2A (COMMON ADDRESS 2647 SELIEF LANE) FOR THE PURPOSES OF CREATING A 10' WIDE UTILITY EASEMENT WHEREAS, The Kodiak Electric Association has requested disposal of a portion of LAKESIDE 2ND LT 2A for the purpose of establishing a utility easement and installing an alternative route for their Dark Lake feeder line; and WHEREAS, Kodiak Island Borough Code (KIBC) 18.20.030 states that each disposal of borough land is subject to review by the Planning Commission before submission to the Assembly; and WHEREAS, Kodiak Island Borough Code (KIBC) 18.20.030 states that the commission by resolution shall make a recommendation to the assembly regarding the proposed land disposal; and WHEREAS, Kodiak Island Borough Code (KIBC) 18.20.060A states that an Application for disposal of borough land under this title shall be filed with the community development department; and WHEREAS, Kodiak Island Borough Code (KIBC) 18.20.170 defines "disposal" as any transfer of real property; 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; and WHEREAS, the Planning and Zoning Commission has determined that this disposal is in compliance with borough codes; and WHEREAS, the parcel identified for this disposal is not serving a purpose that runs contrary to the intention, and nature, of this disposal request. Kodiak Island Borough, Alaska Resolution No. FY2024-02 Page 1 of 2 Resolution No. FY2024-22 Authorizing The Disposal Of Borough Land To The... Page 122 of 151 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 AGENDA ITEM #14.8.1. 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 of a portion of Lakeside 2ND LT 2A for the purpose of installing an electrical easement. 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 May 15, 2024 that disposal of the aforementioned property would be beneficial to the resilience of the power grid in the Kodiak Island Borough and improve local access to energy sources. Section 3: The aforementioned parcel does not have any existing easements or uses which would conflict with the proposed request. Section 4: The disposal is consistent with the objectives of Kodiak Island Borough's adopted 2008 Comprehensive Plan. ADOPTED BY THE KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION THIS 15th DAY OF MAY 2024 ATTEST: Bronwyn Currie, Permit Technician Kodiak Island Borough, Alaska PLANNING & ZONING COMMISSION Chris Paulson, Chair Resolution No. FY2024-02 Page 2 of 2 Resolution No. FY2024-22 Authorizing The Disposal Of Borough Land To The... Page 123 of 151 I I I I LOT 2A LAKESIDE SUBDIVISION. 2ND ADDITION I PUT 1996-11 K.R.D. �— 5c. r Z Requested e <I en t °n kIg laid • �� _ / — — — — — — — — — — — — — \ I COMMERCIAL TRACT 2 TRACT S—A—1 I I I U.S.S. 3218 KODIAK 93-34 I I I I \S LOT 4 LEES SUBDIVISION PUT 2010-14 K.R.D. / kj I I s / \ / / / N / / I / LOT 3 / LEES SUBDIVISION PUT 2010-14 K.R.D. LEGEND: = LOT LINE — — — — — — = EASEMENT LINE LEGAL DESCRIPTION: I \s /V EUECTPoCAL EASIN"T \ AGENDA ITEM #14.8.1. 4 0G1 I/ — — — — — — — — — — — — — \ COMMERCIAL TRACT 2 TRACT S—A—1 I I I U.S.S. 3218 KODIAK 93-34 I I I I \S I kj I I s / \ COMMERCIAL TRACT 1 TRACT S—SA-1 U.S.S. 3218 KODIAK 93-34 I a /r I I / I I I I I 1 I I I I al I I COMMERCIAL TRACT 2 TRACT S—A—1 I I I U.S.S. 3218 KODIAK 93-34 I I I I A 10 FOOT WIDE ELECTRICAL EASEMENT BEGINNING (P.O.B.) AT THE NORTHERLY MOST CORNER OF LOT 4 OF LEES SUBDIVISION PER PLAT 2010-14, KODIAK RECORDING DISTRICT, KODIAK, ALASKA. THENCE SOUTH 70'06'51" EAST A DISTANCE OF 264.14 FEET TO THE TRUE POINT OF BEGINNING (T.P.O.B.) OF SAID EASEMENT. THENCE SOUTH 28'50'54" EAST A DISTANCE OF 124.53 FEET, THENCE NORTH 16'56'08" EASTA DISTANCE OF 13.95 FEET, THENCE NORTH 28'50'54" WEST A DISTANCE OF 103.41 FEET, THENCE NORTH 70'06'51" WEST A DISTANCE OF 15.16 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING 1,140 SQ. FEET MORE OR LESS. SURVEY NOTES: 1. THIS INSTRUMENT REPRESENTS A VISUAL AID TO THE DESCRIBED ACCESS EASEMENT, 2. THIS INSTRUMENT DOES NOT CONSTITUTE A SUBDIVISION. 3. THE BASIS OF BEARINGS IS PLAT 2010-14, KODIAK RECORDING DISTRICT. EXHIBIT. 10' ELECTRICAL EASEMENT LOT 4 LEES SUBDIVISION, PLAT 2010-4, Kodiak Recording District, Kodiak, AK PREPARED FOR: Kodiak Electric Association 1614 Mgt Bay Ra KODIAK AK 99615 DRAWN BY: I TW I DATE: 1 08/01/2022 SCALE: I 1"=100' I REF NO.1 220320801 WILLMAN LAND SURVEYING P.O.Box 8545KODIAK, AK99615 907.942.4866 Resolution No. FY2024-22 Authorizing The Disposal Of Borough Land To The... Page 124 of 151 AGENDA ITEM #14.6.1. RIGHT-OF-WAY EASEMENT KNOW ALL MEN BY THESE PRESENTS that I, the undersigned, on behalf of the KODIAK ISLAND BOROUGH, do hereby grant unto KODIAK ELECTRIC ASSOCIATION, INC. (hereinafter "Grantee"), whose address is 1614 Mill Bay Road, Kodiak, Alaska 99615, and to its successors and assigns forever, a right-of-way and easement upon the lands of the undersigned, situated in the Kodiak Recording District, Third Judicial District, State of Alaska, and more particularly described as follows: PORTION OF LOT 2A LAKESIDE SUBDIVISION 2ND ADDITION PLAT 1996-11 K.R.D., HIGH VOLTAGE UNDERGROUND CONDUCTOR COMING FROM POLE DL50RR6 THAT WILL SERVE 2685 MILL BAY RD IN KODIAK, ALASKA with the right, privilege and authority to construct, reconstruct, maintain, repair, operate, improve and update upon or under the above-described lands and/or in, upon or under all street, roads, or highways abutting said lands, and electric transmission and/or distribution line or system, including but not limited to poles, towers. wires, guys, anchors, supporting apparatus, and such other structures as the Grantee may now or shall from time to time deem necessary, together with a right-of-way and easement: 1. To provide ingress and egress to said lands; 2. To cut, trim, remove, and control the growth of, by machinery or otherwise, trees, shrubs, and other vegetation on or adjoining said lands which, in the judgment of Grantee, might interfere with, threaten, or endanger the operation and maintenance of said line or system; 3. To clear and keep the above-described lands free from fences, buildings, pavements, or other structures which, in the judgment of Grantee, might interfere with, threaten, or endanger the operations and maintenance of said line or system or may increase the safety risks to the Grantor or his property; 4. To license, permit or otherwise agree to the joint use or occupancy of said line or system by KEA or other firm or corporation for telecommunications or utility purposes. It is FURTHER UNDERSTOOD THAT THE FAILURE OF THE GRANTEE, its successors or assigns, to exercise any of the rights herein granted shall not be construed as a waiver or abandonment of the right thereafter at any time and from time to time to exercise any or all of such rights. The undersigned covenant(s) that (they) (he) (is) (are) the owner(s) of the above-described lands. IN WITNESS WHEREOF, the undersigned (has) (have) affixed (his/her) (their) signature(s) hereto this day of , 20 STATE OF ALASKA ) )ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that before me, the undersigned, a Notary Public in and for the State of Alaska, duly sworn and commissioned as such, personally appeared , known to me and to me known to be the individual(s) named in and whose name(s) (is) (are) subscribed to the foregoing instrument, and (he) (they) acknowledged to me that (he) (they) executed the same freely and voluntarily for the uses and purposes contained therein. IN WITNESS WHEREOF, I have hereunto set my hand and notaries seal this day of , 20 Notary Public in and for Alaska My Commission Expires: Resolution No. FY2024-22 Authorizing The Disposal Of Borough Land To The... Page 125 of 151 AGENDA ITEM #14.6.2. KODIAK ISLAND BOROUGH STAFF REPORT JUNE 27, 2024 ASSEMBLY REGULAR MEETING SUBJECT: Resolution No. FY2025-02 Re -Establishing The Fees Of The Kodiak Island Borough ORIGINATOR: Dora Cross, Finance Director RECOMMENDATION: Move to adopt Resolution No. FY2025-02. DISCUSSION: KIB Code 3.10.190 ordains that all fees be reviewed on an annual basis. Staff has complied a list of recommended changes to the current fee schedule for fiscal year 2025 as shown on the attached exhibit. Currently the only changes are to update the effective date for the new fiscal year. ALTERNATIVES: FISCAL IMPACT: None OTHER INFORMATION: Kodiak Island Borough Resolution No. FY2025-02 Re -Establishing The Fees Of The Kodiak Island B... Page 126 of 151 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 AGENDA ITEM #14.6.2. KODIAK ISLAND BOROUGH RESOLUTION NO. FY2025-02 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REESTABLISHING THE FEES OF THE KODIAK ISLAND BOROUGH WHEREAS, prudent financial management dictates that an organization review its fees on an annual basis; and WHEREAS, Kodiak Island Borough Code 3.10.190 ordains that all fees be reviewed on an annual basis; and WHEREAS, it is recognized that if a service or program benefits only a select individual or group of individuals, those individuals or group of individuals should pay for the service; and WHEREAS, staff has compiled a list of all current fees; and WHEREAS, staff has recommended changes to the current fee schedule for fiscal year 2025 as shown on the attached exhibit. NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that the attached exhibit of schedule of fees shall become effective July 1, 2024. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2024 KODIAK ISLAND BOROUGH Scott Arndt, Mayor VOTES: Ayes: Noes: Resolution No. FY2025-02 ATTEST: Nova M. Javier, MMC, Borough Clerk Page 1 of 1 Resolution No. FY2025-02 Re -Establishing The Fees Of The Kodiak Island B... Page 127 of 151 AGENDA ITEM #14.6.2. KODIAK ISLAND BOROUGH, ALASKA FEE SCHEDULE Effective: July 1, 2023 Contents Page Miscellaneous Services 2 Title 3: Revenue and Finance 3 Title 5: Business Licenses 3 Title 6: Animals 3 Title 8: Health and Safety Solid Waste Collection and Disposal 4 - 5 Title 12: Naming Buildings, Public Facilities, Streets, and Sidewalks 6 Title 15: Building and Construction Building Permits 6 Electric Permits 6 - 7 Grading Permits 7 Plan Review 7 Plumbing 7 Other 8 Title 16: Subdivision 8 Title 17: Zoning 9 Title 18: Borough Real Property 9 Resolution No. FY2025-02 Re -Establishing The Fees Of The Kodiak Island B... Page 128 of 151 AGENDA ITEM #14.6.2. MISCELLANEOUS SERVICES BAYSIDE FIRE STATION COMMUNITY TRAINING CENTER Copy of Fire Reports $25.00 One-half of Training Center, per half day (1-6 hrs, max 49 people) $15.00 One-half of Training Center, per day (6-10 hrs, max 49 people) $25.00 Full Training Center, per half day (1-6 hrs, max 100 people) $30.00 Full Training Center, per day (6-10 hrs, max 100 people) $50.00 Refundable Cleaning Deposit $50.00 Notes: Non-profit organizations and public safety agencies who do not charge a fee for the activity being conducted may apply for a waiver of Training Center use fees. BOROUGH CODE OF ORDINANCES Borough Code, Complete $200.00 Supplement Service (Annual Fee) $75.00 Title 15, complete first 20 pages free, $0.25 thereafter Title 16, complete first 20 pages free, $0.25 thereafter Title 17, complete first 20 pages free, $0.25 thereafter BOROUGH RECORDS 2007 Comprehensive Plan (bound copy) $100.00 Audio Recording CD $5.00 Audio Recording (saved on requester's thumb drive) no charge Audio Recording (sent by email) no charge Certified copies (does not include copy charges) $5.00 Copy, scan single file to CD or DVD, per disk (includes large scale maps) $5.00 Copies, per page first 20 pages free, $0.25 thereafter Comprehensive Plans, paper $25.00 Electronically Reproduced Records (hard copy to electronic) no charge Electronically Produced/Provided Records (originally electronic) no charge GENERAL SERVICES Interest on Miscellaneous Delinquent Accounts 12% annually New/Transfer Liquor License $1.00 per notice mailed Non -Filing or Late Filing Fee for Special Taxes (Excise, Severance, and Transient Accommodations) $50 per filing ACH Online Payment Return Fee $25.00 NSF Check Fee $25.00 Research Service, records recovery * First 5 hours free per month/per requestor/$40.00 per hr thereafter Research Service, data analysis " Fee set at $40.00 per hr Wire Transfer Fee $25.00 Check Replacement Fee $15.00 Notes: K/BC 2.40.060 authorizes the setting of fees for compilation or creation or records (data analysis). The arbitrary amount of $40 per hour is an average of Clerk's Office staff hourly wage and benefits. KIBC 2.40.040 notes that we cannot exceed the actual salary and benefit cost for personnel time. KODIAK FISHERIES RESEARCH CENTER (KFRC) Main Lobby (upstairs/down - fee includes large conference room) $250.00 Refundable cleaning deposit, main lobby $300.00 Large Conference Room $50.00 Refundable cleaning deposit, large conference room $50.00 Small Conference Room $40.00 Refundable cleaning deposit, small conference room $30.00 Conference Room Staffing Fee $65.00 per hour/ 2 hr minimum Notes: Non-profit organizations and public safety agencies who do not charge a fee for the activity being conducted in the facility may apply for a waiver of KFRC fees. REPRODUCTION AND MAPPING COSTS: GIS services (1/4 hr minimum) $60.00/hr Prints/Copies Bond $1.00 sq ft Semi Gloss $2.00 sq ft Mylar $3.00 sq ft 8.5 X 11 inch first 20 pages free, $0.25 thereafter 11 X 17 inch first 10 pages free, $0.50 thereafter Notes: No copying or commercial use, except for reference L UI 7 Kodiak Island Borough Effective July 1, 20232024 Resolution No. FY2025-02 Re -Establishing The Fees Of The Kodiak Island B... Page 129 of 151 TITLE 3: REVENUE AND FINANCE SPECIAL ASSESSMENT AND PROPERTY TAX Foreclosure/Attorney Fee Publication Fee Redemption Certificates Administration Fee on Clerk Deeded Properties Interest Penalty Marijuana Excise Tax on Flower and Bud Excise Tax on Remaining Portions of the Plant Interest Penalty Tobacco Excise Tax on Cigarettes Excise Tax on Other Tobacco Products Interest Penalty within 7 days of due date Penalty within 16 days of due date TITLE 5: BUSINESS LICENSES Marijuana Cultivation Facilities - Limited Cultivation Facilities - Standard Manufacturing - Concentrate Manufacturing - Product Retail Testing Tobacco License Fee TITLE 6: ANIMALS AGENDA ITEM #14.6.2. actual cost actual cost actual cost $500.00 12% annually 10% one time charge 20% per ounce of any per ounce tax imposed by the State of Alaska or $10 per ounce, whichever is greater 20% per ounce of any per ounce tax imposed by the State of Alaska or $3 per ounce, whichever is greater 12% annually 10% one time charge $.15 each 75% of wholesale cost 12% annually 10% one time charge 15% one time charge $200.00 annually $1,000.00 annually $200.00 annually $1,000.00 annually $1,000.00 annually $200.00 annually $100.00 annually Animal Control Impound Fees Impound of an animal - First offense $50.00 Impound of an animal - Second offense $75.00 Impound of an animal - 3rd & up $125.00 License Fees Male Dog, per year $35.00 Female Dog, per year $35.00 Neuter and Spayed Dogs, per year $10.00 Duplicate Tag, each $5.00 Miscellaneous Fees Rabies Vaccinations Deposit (partially refundable) $20.00 3of9 Kodiak Island Borough Effective July 1, 2023 2024 Resolution No. FY2025-02 Re -Establishing The Fees Of The Kodiak Island B... Page 130 of 151 TITLE 8: HEALTH AND SAFETY SOLID WASTE COLLECTION AND DISPOSAL Appliances Appliances Other, residential Refrigerators/Freezers, residential Asbestos Disposal (must be delivered in compliance with applicable regulations) Batteries Lead Acid Batteries - residential Lead Acid Batteries - commercial Lithium Batteries Commercial Garbage Construction/Demolition Debris (C&D) (residential over 260lb/commercial/ industrial /institutional) Note: Any mixed construction loads that have greater than 10% metals will not be accepted. Fishing Gear - line, netting and web only Equipment Usage to Off -Load Customer Waste Garbage Truck of Borough Collection Contractor Garbage Truck of United States Coast Guard Contractor Household Hazardous Waste 40 Ib limit per month Greater Than 40 lbs per month Marine Debris (does not include line, netting and webbing - see Fishing Gear) Less than 1 cy 1 to 10 cubic yards - Must complete acceptance form at landfill. Greater than 10 cubic yards: ADEC and KIB approval required before delivery. Line, netting, webbing, recyclables, and metal must be separated prior to delivery. Metals (includes vehicles larger than one ton capacity) Mobile Homes/Recreational Vehicles (measured per longest dimension) See Note Oil Used Oil - commercial Used Oil - residential - 5 gallons per month Used Oil - residential - greater than 5 gallons per month Residential Waste (by passenger automobile or pickup truck) This includes C&D, and household waste. Up to 260 lbs total per day (no metals) 261 pounds or greater Tires - commercial Use of Scale to Obtain a Certified Weight Vehicles (vehicles larger than one ton capacity will be charged at the metals rate) Waste Screenings Rented Commercial Open Top Dumpster Mixed Loads** 4of9 Kodiak Island Borough Effective July 1, 20232024 AGENDA ITEM #14.6.2. no charge from "Primary Residence Only" $10.00 each $250.00 minimum, $250.00/cy no charge $10.00 per large, $5.00 per small $6.00 per large, $3.00 per small $20.00 minimum, $365.00/ton $20.00 minimum, $365.00/ton $365.00/ton $100.00/hour, $100.00 minimum $365.00/ton $365.00/ton no charge $1.00/Ib no charge no charge $365.00/ton $365.00/ton ($0.1825/lb) $50.00/If $3.00/gal no charge $1.50/gal no charge $365.00/ton $365.00/ton $20.00 per ticket $475.00 per vehicle $365.00/ton $750.00 Resolution No. FY2025-02 Re -Establishing The Fees Of The Kodiak Island B... Page 131 of 151 AGENDA ITEM #14.6.2. I I I LC t5: HLAL I M AN SAIL I Y ((:ont"d) SOLID WASTE COLLECTION AND DISPOSAL (Cont'd) NOTES: Governmental customers may be served by a private company by direct negotiation for service. Fees will be set, billed and collected by that company. Commercial and residential solid waste materials collected by the United States Coast Guard, or its representative, for disposal at the Kodiak Island Borough landfill will be charged at the time of disposal at the rate established in this fee schedule. The Kodiak Island Borough will invoice the United States Coast Guard for all or any portion of those fees charged, as agreed upon by the parties. Fees associated with other waste disposal options will be charged based on the applicable fee represented in this schedule. Companies conducting commercial, industrial and institutional demolition projects need to separate their waste into metal and non-metal loads. Mixed loads will not be accepted at the landfill. Metals received at the landfill in the form of tanks or cables must be prepared in an acceptable manner. Tanks must be drained of all fluids and wiped clean. Tanks under 500 gallons must have an 18" square hole cut into it and wiped clean. Tanks over 500 gallons must have one end cut off and wiped clean. Tanks 1, 000 gallons and greater must contact Engineering/Facility staff to discuss acceptable criteria. Fishing cable must be cut into 3' lengths. Other metal items must be cut into pieces no greater than 17' long, 7' wide and 5' high. They must be separated from non-metal material (e.g., machinery with hoses or electrical components). Approved Thrift Stores will be allowed free disposal of self -hauled household residential waste of up to 2, 000 lbs/week. Disposal of large items (e.g., boats, trailers, construction/demolition debris and metals) will be charged at the same rate as shown in this fee schedule. Approved non-profit entities may be granted an exemption from solid waste disposal fees for pre -approved cleanup events. Commercial establishments, and/or small quantity generators, who generate hazardous waste must contact an environmental company to properly dispose of their waste. All mobile homes or debris from mobile homes shall be cleared for asbestos and Lead based paint before acceptance. All materials must be separated into C&D, metal and recyclables prior to delivery. " Rented Commercial Open Top Dumpster are provided by Waste Connection to paying customers per request. No other Municipal Solid Waste components such as metals, food waste, oil or lubricants, fluids or household garbage are to be commingled in the dumpster. Mixed waste streams delivered to the landfill that require staff to sort or segregate materials incur a $750.00 fee charge and possible suspension of the use of a commercial dumnster. Definitions: Residential Waste - Waste generated from your home (for example, household garbage, bulky items such as furnishings and grass/lawn clippings). It includes homeowner construction/demolition waste but does not include metals. Commercial Waste - Institutional and industrial organizations or contractors and businesses conducting work for compensation and/or barter. 5of9 Kodiak Island Borough Effective July 1, 20232024 Resolution No. FY2025-02 Re -Establishing The Fees Of The Kodiak Island B... Page 132 of 151 AGENDA ITEM #14.6.2. TITLE 12: NAMING BUILDINGS, PUBLIC FACILITIES, STREETS, AND SIDEWALKS Street Name Change Fee $150.00 TITLE 15: BUILDING AND CONSTRUCTION BUILDING PERMIT FEES Total Value Value = up to $500.00 Value = $500.01 - $2,000.00 Value = $2,000.01 - $25,000.00 Value = $25,000.01 - $50,000.00 Value= $50,000.01 - $100,000.00 Value = $100,000.01 to $500,000.00 Value = $500,000.01 to $1,000,000.00 Value = $1,000,000.01 and up Fees $15.00 $15.00 for the first $500 plus $2.00 for each additional $100.00 or fraction thereof, to and including $2,000.00 $45.00 for the first $2,000.00 plus $9.00 for each additional $1,000.00 or fraction thereof, to and including $25,000.00 $252.00 for the first $25,000.00 plus $6.50 for each additional $1,000.00 or fraction thereof, to and including $50,000.00 $414.50 for the first $50,000.00 plus $4.50 for each additional $1,000.00 or fraction thereof, to and including $100,000.00 $639.50 for the first $100,000.00 plus $3.50 for each additional $1,000.00 or fraction thereof, to and including $500,000.00 $2,039.50 for the first $500,000.00 plus $3.00 for each additional $1,000.00 or fraction thereof, to and including $1,000,000.00 $3,539.50 for the first $1,000,000.00 plus $2.00 for each additional $1,000.00 or fraction thereof Notes: 1. Valuations for determination of permit fees will be based on contract prices or, in the absence of a contract price, the Building Valuation Data as published, by /.C.B.O. Building Standards ELECTRIC PERMIT FEES The following schedule of fees shall apply to all electrical work for which a permit is required NEW CONSTRUCTION ELECTRICAL WORK Single Family and Duplexes: Temporary Work Service Permit $36.00 Residential Single Family - new $84.00 Duplex - new $120.00 Additional Wiring, remodeling residential only $36.00 ALL OTHER ELECTRICAL WORK Issuance of Permit $42.00 Each Sub -panel $24.00 Each Fixture/Duplex Outlet/Individual Switch/Emergency Light $1.50 Electric Heat per k.w. Installed $1.20 Each Power Outlet $2.40 Electrical Service to 200 amps $24.00 Electrical Service over 200 amps $36.00 Each Area Floodlight, 1st light $24.00 Each Additional Floodlight $6.00 Generator per k.w. output $1.20 Transformers 5 k.v.a. or above $6.00 Motor Connections, 15 hp and above $24.00 Transfer Switches - manual $6.00 Transfer Switches - automatic $12.00 Electrical Signs $24.00 Trailer Courts - each space $60.00 Each Additional - same permit $12.00 Temporary Services $6.00 Environmental Control Devices per Outlet/Unit $1.50 6of9 Kodiak Island Borough Effective July 1, 20232024 Resolution No. FY2025-02 Re -Establishing The Fees Of The Kodiak Island B... Page 133 of 151 AGENDA ITEM #14.6.2. TITLE 15: BUILDING AND CONSTRUCTION (Cont'd) ELECTRIC PERMIT FEES (Cont'd) ALL OTHER ELECTRICAL WORK (Cont'd) The following schedule of fees shall apply to all electrical work for which a plan review is required: $0.00 - $500.00 $42.00 $501.00 - $1,000.00 $72.00 $1,001.00 - $2,000.00 $120.00 $2,001.00 - $3,000.00 $180.00 $3,001.00 - $4,000.00 $240.00 $4,001.00 - $6,000.00 $300.00 $6,001.00 - up $360.00 When extra inspections are made necessary by reason of defective work, or otherwise through fault or error on the part of the holder of the permit, or on the part of the permit holder's official setting forth the violation, only one such extra inspection shall be made under the regular fees as herein prescribed. For each further extra inspection for which the holder of the permit or employee is entirely responsible, fees shall be charged as follows: Note: The building department shall allow for correction of such work, a maximum of ten working days following the date of inspection First Inspection, per hour $48.00 Second Inspection, per hour $60.00 Each Additional Inspection, per hour $72.00 Electric Permits After Work has Started 2 x the published amount GRADING PERMIT FEES: 50 cubic yards $23.50 51 to 100 c.y. $37.00 101 to 1,000 C.Y. $37.00 for 1 st 100 cy + $17.50 for ea additional 100 cy 1,001 to 10,000 C.Y. $194.50 for 1st 1,000 cy + $14.50 for ea additional 1,000 cy 10,001 to 100,000 C.Y. $325.00 for 1 st 10,000 cy + $66.00 for ea additional 10,000 cy 100,001 c.y. or more $919.00 for 1 st 100,000 cy + $36.50 for ea add 10,000 cy Note: The fee for a grading permit authorizing additional work to that under a valid permit shall be the difference between the fees paid for the original permit and the fee shown for the entire project. PLAN REVIEW FEES Commercial 65% of the building permit fee Residential non -engineered 50% of the building permit fee Residential engineered 20% of the building permit fee Notes: 1. Valuations for determination of permit fees will be based on contract prices or, in the absence of a contract price, the Building Valuation Data as published, by I. C. B. O. Building Standards PLUMBING PERMIT FEES: Additional Plumbing Remodeling - residential only $36.00 Single Family and Duplexes (base fee): New Duplex $120.00 New Residential Single Family $84.00 Plus the Following Additional Charges: Each Plumbing Fixture $8.40 Each Gas Outlet $6.00 Each Water Heater and Hot Water Boiler (per 1.000 btu) $0.24 Automatic Sprinkler Systems (per head) $1.80 Plumbing Alteration Work (per outlet) $8.40 All Other Plumbing Work $42.00 Plumbing Permits After Work has Started 2 x the published amount 7of9 Kodiak Island Borough Effective July 1, 20232024 Resolution No. FY2025-02 Re -Establishing The Fees Of The Kodiak Island B... Page 134 of 151 AGENDA ITEM #14.6.2. 111 LC IJ. P%IYLJ VVI11C711CUV I IVIY OTHER FEES: Additional Plan Review Required by Changes, additions or revision to approved plans $50.00/hr Appeals and Exceptions $350.00 Building Demolition Fee $40.00 Driveway Permit Fee, (no fee when included w/bldg permit) $25.00 Inspections Which No Fee is Specifically Indicated $40.00/hr Inspections Outside Normal Business Hours (per hour, 2 hr min) $70.00 Reinspection Fees Assessed Under Provisions of Section 305G $40.00/hr Right of Way (ROW) Permit for Driveway Access $100.00 TITLE 16: SUBDIVISIONS SUBDIVISION FEES Abbreviated/Aliquot Part Plats Appeal to Assembly Appeal to Commission Appeal Record Copy, per page Review of P&ZC Decision Vacations Waivers Inspection Services - General Personnel Costs - strait time Personnel Costs - over time Personnel Costs - double time Vehicle - hours Vehicle - mileage Vehicle - administrative fee Inspection Services - Subdivision: Road and Utility Improvement (per lineal ft) Improvements for 1 to 12 lots Improvements for 13 lots and more Materials Approval Services: First Submittal Subsequent Reviews Plan Review Services: Additional Improvement Plan Reviews Improvement Plan Review Initial and Final Plan Site Grading Plan Review Preliminary Plats Creating: 1 to 12 lots 13 of more lots 8of9 Kodiak Island Borough Effective July 1, 20232024 $500.00 $200.00 $200.00 first 20 pages free, $0.25 thereafter $200.00 $500.00 + plat fee $150.00 $40.00/hr $56.00/hr $72.00/hr $1.70/h r $0.30/mi 10% $3.50/If $2.00/If $200.00 $60.00 $100.00 actual cost $200.00 $250.00 $500.00 $500.00 + $50.00 for each additional lot over 12 Resolution No. FY2025-02 Re -Establishing The Fees Of The Kodiak Island B... Page 135 of 151 TITLE 17: ZONING After the fact Zoning Compliance Permits Appeal to Board of Adjustment Appeal to Commission Appeal Record Copy, per page Conditional Use Permit Other P&Z Screening Approval Postponement at Petitioner's Request - public hearing item Postponement at Petitioner's Request - non-public hearing item Review of P&ZC Decision Variance Zoning Change Permit: 4 or less lots 5 - 20 lots 21 + lots Zoning Compliance Permit: Less than 1.75 acres 1.76 to 5.00 acres 5.01 to 40.00 acres 40.01 acres or more TITLE 18: BOROUGH REAL PROPERTY Land Disposal Application Land Use Permits -temporary KIBC 18.50.010.13 Land Use Permits -annually KIBC 18.50.010.0 Material Sales, royalty fee per cubic yard - annually Wood Cutting Permits - Chiniak area - annually Wood Cutting Permits - specified areas other than Chiniak - 30 days 9of9 Kodiak Island Borough Effective July 1, 20232024 AGENDA ITEM #14.6.2. 2 x the published amount $350.00 $200.00 first 20 pages free, $0.25 thereafter $250.00 $150.00 $150.00 $25.00 $200.00 $400.00 $350.00 $750.00 $1,500.00 $30.00 $60.00 $90.00 $120.00 $350.00 $250.00 $1,200.00 $2.00 Free with signed liability waiver $25.00 Resolution No. FY2025-02 Re -Establishing The Fees Of The Kodiak Island B... Page 136 of 151 AGENDA ITEM #14.D.1. KODIAK ISLAND BOROUGH STAFF REPORT JUNE 27, 2024 4 ' �s ASSEMBLY REGULAR MEETING SUBJECT: Confirmation Of Mayoral Appointments To The Borough Lands Committee Of Mr. Corey Gronn and Mr. Dave Townsend ORIGINATOR: Nova M. Javier, MMC, Borough Clerk RECOMMENDATION: Move to confirm the following Mayoral appointments: • Mr. Corey Gronn to the Borough Lands Committee Alaska Native Claims Settlement Act Corporations seat. • Dave Townsend to the Borough Lands Committee At Large seat. DISCUSSION: There is currently one vacant seat on the Borough Lands Committee Alaska Native Claims Settlement Act Corporations and one At Large seat. Mayor Arndt discussed these seats with Mr. Gronn and Mr. Townsend and both agreed to serve on these seats. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Kodiak Island Borough Confirmation Of Mayoral Appointments To The Borough Lands Committee Of M... Page 137 of 151 AGENDA ITEM #14.D.1. #� KODIAK ISLAND BOROUGH BOROUGH LANDS COMMITTEE NAME TERM ENDS CONTACT NO. EMAIL 1 Scott Arndt (Mayor) Mayor 10/2025 (414) 791-3745 Call instead of email 2 James Turner Assembly Member Yearly Appointment (206) 316-0482 James.Turner(a_kibassembly.org Kodiak, AK 99615 3 Scott Smiley Assembly member Yearly Appointment (907) 942-0184 Scott. Smiley(cr kibassembly.org Kirk. D. Kalmbacher(a)uscg.mil 4 P&ZC-B Yearly Appointment S. bra ndt-erichsen(aDkeenecurrall.com 5 P&ZC-C Yearly Appointment 6 ANCSA Representative 7 At Large Seat (907) 942-4208 EX -OFFICIO MEMBERS 1 KIB Staff Representative Borough Attorney Ms. Aimee Williams Nova M. Javier, MMC Keene & Currall Resource Management 710 Mill Bay Road Scott Brandt -Erichsen Room 126 Room 234 Officer Kodiak, AK 99615 Kodiak, AK 99615 Ketchikan, Alaska 99901 2 KIB Staff Representative Phone: (907) 225-4131 (907) 486-9360 Kirk. D. Kalmbacher(a)uscg.mil Fax: (907) 225-0540 awilliams(a-)kodiakak.us Community Development S. bra ndt-erichsen(aDkeenecurrall.com Director 3 U.S.C.G. Representative LCDR Kirk Kalmbacher, PE (907) 942-4208 Assistant Facilities Engineer 4 City of Kodiak Yearly Representative Recommendation 5 City Council Member Yearly Recommendation STAFF: Borough Manager Borough Clerk Borough Attorney Ms. Aimee Williams Nova M. Javier, MMC Keene & Currall 710 Mill Bay Road 710 Mill Bay Road Scott Brandt -Erichsen Room 126 Room 234 540 Water Street, Suite 302 Kodiak, AK 99615 Kodiak, AK 99615 Ketchikan, Alaska 99901 Phone: (907) 486-9340 Phone: (907) 486-9312 Phone: (907) 225-4131 Fax: (907) 486-9374 Fax: (907) 486-9391 Fax: (907) 225-0540 awilliams(a-)kodiakak.us nlavier(a�kodiakak.us S. bra ndt-erichsen(aDkeenecurrall.com LEGISLATION: Kodiak Island Borough Code 2.160 Rev. by LC On: 6/17/2024 Confirmation Of Mayoral Appointments To The Borough Lands Committee Of M... Page 138 of 151 AGENDA ITEM #18.A. KODIAK ISLAND BOROUGH Planning and Zoning Commission Regular Meeting April 17, 2024 A regular meeting of the Kodiak Island Borough Planning and Zoning Commission was held on April 17, 2024, in the Borough Assembly Chambers. The meeting was called to order at 6:30 p.m. Staff present were Community Development Director Christopher French, Community Development Associate Planner Joseph Grochmal and Community Development Permit Technician Bronwyn Currie. CALL TO ORDER April 17, 2024, Regular Meeting was called to order at 6:30 p.m. PLEDGE OF ALLEGIANCE ROLL CALL Present were Chair Christopher Paulson, Vice Chair Sara Fraser, Cort Neff, Linnea Johnson and Craig Dagen. APPROVAL OF AGENDA Fraser moved to approve the April 17, 2024, Regular Meeting agenda. Dagen seconds motion. VOICE VOTE CARRIED UNANIMOUSLY 5/0 APPROVAL OF MINUTES Dagen moved to approve the March 20, 2024, regular Meeting minutes. Neff seconds motion. VOICE VOTE CARRIED UNANIMOUSLY 5/0 CITIZENS' COMMENTS Citizens Comment is limited to three minutes per speaker. Local Number: 907-486-3231 or Toll -Free Number: 855-492-9202. Comments are for general topics only. PUBLIC HEARING Ordinance 2024-16 - Amendment to Various Chapters and Sections of Kodiak Island Borough Code Title 17 Zoning which Pertain to Accessory Dwelling Units Motion is still on the floor from March 20, 2024, "Dagen moved to recommend approval of Ordinance 2024-16 amendments to various chapters and sections of the Kodiak Island Borough Code Title 17 zoning which pertains to accessory dwelling units as amended. Kodiak Island Borough Planning and Zoning Commission Regular April 17, 2024 Meeting Minutes Planning and Zoning Commission Regular Meeting Minutes of April 17, 2024... Page 139 of 151 AGENDA ITEM #18.A. The Planning & Zoning Commission has spent the past several months reviewing potential changes to the accessory dwelling unit regulations. The draft ordinance attached to this agenda item incorporates the following changes: 1. Removes the conditional use requirement for those ADUs that meet the development standards. 2. The CUP remains for those ADUs that do not meet one or more of the development standards. 3. Refines the current definition of an accessory dwelling unit. 4. Splits the parking requirement up between ADUs within the City of Kodiak and those outside of the city. 5. Simplifies the size restriction to a maximum of 800 square feet. 6. Removes the requirement that the owner of the property must live on the property. 7. Deletes requirements that are already in place through other ordinances such as building permit compliance. Cross seconds motion" Christopher French presented the staff report. Chair to Open Public Hearing: if you would like to be heard, please come to the podium sign in, turn on the microphone and state your name. You can also call in, the Local Number: 907-486- 3231 or Toll -Free Number: 855-492-9202. • Scott Arndt Chair to Close Public Hearing. Li Commission Discussion. Fraser moved to substitute the original Ordinance with the amended version. Dagen second's motion. Commission discussion. ROLL CALL VOTE PASSED 4/1 Neff moved to amend the ordinance to keep current owner requirements. Motion fails due to lack of second. Dagen moved to amend the ordinance regarding parking, to remain with six (6) instead of four (4) and three (3) instead of one (1) within the City limits. Motion fails due to lack of second. Kodiak Island Borough Planning and Zoning Commission Regular - April 17, 2024 Meeting Minutes Planning and Zoning Commission Regular Meeting Minutes of April 17, 2024... Page 140 of 151 AGENDA ITEM #18.A. Fraser moved to defer the ordinance as amended to the next Regular Meeting. Dagen second's motion. ROLL CALL VOTE PASSED UNANIMOUSLY 5/0 Case No. 24-011 - Applicant Yung Kwang Kiely requests Rezone from R2 - Two - Family Residential District to R3 - Multifamily Residential District. Common Address: 3201 Spruce Cape Road. Staff recommends that the Commission approve Mr. Kiely's rezone application as requested. Fraser moved to approve Rezone Case No. 24-011 to change the zoning designation of USS 3100 LTBA (Common Address 3201 Spruce Cape Road) from R2 — Two -Family Residential District to R3 — Multifamily Residential District with no conditions, and move it forward to the Kodiak Island Borough Assembly and to adopt the findings of fact in support listed in the staff report dated April 11, 2024, entered into the record for this case as "Findings of Fact" for Case No. 24-011. Neff Seconds motion. Joseph Grochmal presented the staff report. Chair to Open Public Hearing: if you would like to be heard, please come to the podium sign in, turn on the microphone and state your name. You can also call in, the Local Number: 907-486- 3231 or Toll -Free Number: 855-492-9202. Chair to Close Public Hearing. • Yung Kiely • Robert Lyndsey • Kevin Webb • Scott Arndt Commission Discussion. ROLL CALL VOTE FAILS UNANIMOUSLY 0/5 Fraser moved to deny Rezone Case No. 24-011 to change the zoning designation of USS 3100 LTBA (Common Address 3201 Spruce Cape Road) from R2 — Two -Family Residential District to R3 — Multifamily Residential District and to adopt the findings of fact in opposition listed in the staff report dated April 11, 2024, entered into the record for this case as "Findings of Fact" for Case No. 24-011. Neff seconds motion. ROLL CALL VOTE CARRIED UNANIMOUSLY 5/0 Kodiak Island Borough Planning and Zoning Commission Regular April 17, 2024 Meeting Minutes Planning and Zoning Commission Regular Meeting Minutes of April 17, 2024... Page 141 of 151 AGENDA ITEM #18.A. OLD BUSINESS • There was none. NEW BUSINESS • There was none. PLANNING AND ZONING CASE RESULTS LETTERS • S24-010 Preliminary Approval Letter ABBREVIATED AND FINAL APPROVALS - SUBDIVISIONS • There were none. DIRECTORS' COMMENTS • Directors Report April 11, 2024 CITIZENS' COMMENTS Citizens Comment is limited to three minutes per speaker. Local Number: 907-486-3231 or Toll -Free Number: 855-492-9202. Comments are for general topics only. • Scott Arndt COMMISSIONERS' COMMENTS ANNOUNCEMENTS FROM THE CHAIR a. The next Work Session of the Planning and Zoning Commission is scheduled for May 8, 2024, at 6:30 p.m. located in the Assembly Chambers. b. The next Regular Meeting of the Planning and Zoning Commission is scheduled for May 15, 2024, at 6:30 p.m. located in the Assembly Chambers. Kodiak Island Borough Planning and Zoning Commission Regular April 17, 2024 Meeting Minutes Planning and Zoning Commission Regular Meeting Minutes of April 17, 2024... Page 142 of 151 [J ADJOURNMENT Dagen moved to adjourn the April 17, 2024, Regular Meeting Fraser second motion. VOICE VOTE CARRIED UNANIMOUSLY 5/0 Meeting adjourned at 7:57 p.m. Bronwyn Cures CDD Permit Technician AGENDA ITEM #18.A. KODIAK ISLAND BOROUGH Christopher Paulson, Chair Approved on: �.�,(yr�, l �- av�X/ JUN 1 1 2024 BOROUGH CLERK'S OFFICE KODIAK, ALASKA Kodiak Island Borough Planning and Zoning Commission Regular April 17, 2024 Meeting Minutes Planning and Zoning Commission Regular Meeting Minutes of April 17, 2024... Page 143 of 151 WOMENS BAY SERVICE BOARD REGULAR MEETING MINUTES Date: Tuesday, May 7, 2024 Call to Order: 5:32 AGENDA ITEM #18.A. offimp AN 1 1 2024 " �?UUNuH CLERK'S OFFICE ? , IAK, ALASKA Commissioners Present: Jason Chandler, Travis Cooper, Billy Ecret vice -chair, Dave Heuman-Secretary and Bill Roberts. Commissioners Excused: Greg Egle, Chair, and Jon Melin. Also in Attendance: Dave Conrad, Fire Chief, and Kevin Arndt Contractor Approval of agenda by unanimous vote. Approval of minutes by unanimous vote for: 1. Regular Meeting of April 2, 2024 Citizen's Comments: None Contractor Comments: 1. More pothole repair on BF Rd and S Russ Ck, storm repairs and grading. 2. RAP from Brechan has too much D1 for it to hold together well, suggested trying to get it from the State DOT. Driveway from Janet Wentes' needs a swale to prevent water intrusion onto BF Rd Chairman's Report: 1. Budget updates - a) RS: We've spent all but 1k of our funds this year! b) FD: 31% expended to date 2. Communications no update Old Business: 1. Fire Dept a) Repeater install pending b) Brush Truck Recall pends scheduling w/ ferry trip c) Water line repairs; pends weather d) Planning to pave lot to the North of the hall next budget year. 2. Road Service; a) Sgt Ck Entrance; Hydrology study has gone out for bid. New Business: 1. Fire Dept a) Wildland fire grant (6k) awarded, to be used for drop tanks b) Will have septic tank pumped 2. Road Service a) A committee was formed to look at the S Russ Ck asphalt and formulate items for discussion b) Driveway permit/Eric Kubiak; Plans are unclear re:culvert Page 1 of 2 Planning and Zoning Commission Regular Meeting Minutes of April 17, 2024... Page 144 of 151 AGENDA ITEM #18.A. WOMENS BAY SERVICE BOARD REGULAR MEETING MINUTES i) Moved to require 18" if 30', and 24" if longer. Board Member Comments; DC; Ditches were filled by recent grading JC; Need to address Raisley culvert KA; Patrick Rauwolf complained about his driveway interface with Noch Meeting adjourned at 6:12 pm Next Regular meeting scheduled for June 4, 2024 at 5:30 p.m. i CHAIRPER O L �v Ile WITNESS Page 2 of 2 Planning and Zoning Commission Regular Meeting Minutes of April 17, 2024... Page 145 of 151 KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Special Meeting — June 3, 2024 SUMMARY ACTION ITEMS: AGENDA ITEM #18.B. APPROVED: Motion to approve the Agenda, as submitted. APPROVED: Motion to approve the 2024-2025 Certificated Contract for Nicolas Irons, Sara DeJournett, Lydia Geiger, Alizul Rosado, Araya Hockema, Phillip Everhart, Lindsay Biladeau and Tiffany Creelman, as submitted. APPROVED: Motion to approve the renaming of the Aux Gym funds to KMS Building Improvement Capital Project. APPROVED: Motion to revise the 2024 - 2025 Board Meeting Calendar, as submitted. APPROVED: Motion to enter into Executive Session for purpose of the Superintendent's Evaluation and Contract in accordance with BP 2123 and AS 44.62.310- .312 to include initially only the Board, and to include Dr. Cyndy Mika, Board Secretary Laurie Pardoe, CFO Sandy Daws & Assistant CFO Krista Cowley, as appropriate. Upon reconvening the special meeting, direction was given to the Board Secretary to prepare a contract addendum for an executive session at the next regular meeting. APPROVED: Motion to adjourn. Subsequent to approval, Board of Education meeting minutes are posted on the District's website at www.kibsd.org. Kodiak Island Borough School District Board of Education Special Meeting... Page 146 of 151 AGENDA ITEM #18.B. KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Regular Meeting — June 17, 2024 SUMMARY ACTION ITEMS: APPROVED: Motion to approve the Agenda, as submitted. APPROVED: Motion to approve the Consent Agenda to include: FY25 Grant Summary Report, Expenditures over $50K, Regular Meeting Minutes of May 20, 2024, and Special Meeting Minutes of June 3, 2024. APPROVED: Motion to acknowledge the receipt of the May Report of Revenues and Expenditures, with Year -to -Date General Fund Revenues in the amount of $45,828,105.56 and Year -to -Date General Fund Expenditures in the amount of $43,677,925.33. APPROVED: Motion to approve the FY24 Spring Revisions, as presented. APPROVED: Motion to approve the FY25 Budget as presented. APPROVED: Motion to adopt the revisions to Board Policies BP 1340, BP 3000, BP 3270, BP 3312, BP 3315, AR 3514.1, BP 3515, BP 3540, BP 3550, BP 6112, BP 6114.4, BP 6146.3, BB 9200, and BB 9260 in second reading, as presented. APPROVED: Motion to approve the edits to the 2024-2025 School Year Calendar. APPROVED: Motion to approve the 2024-2025 Certificated Contract for Bailey O'Reilly, Diane Hubert, and Paul Gerano as submitted. APPROVED: Motion to enter into Executive Session for purpose of the Superintendent's Evaluation and Contract in accordance with BP 2123 and AS 44.62.310- .312 and to include initially only the Board and to include Dr. Cyndy Mika and Board Secretary Laurie Pardoe as appropriate. APPROVED: Motion to tender a three-year contract for Dr. Mika's review. APPROVED: Motion to adjourn. Subsequent to approval, Board of Education meeting minutes are posted on the District's website at www.kibsd.org. Kodiak Island Borough School District Board of Education Special Meeting... Page 147 of 151 CD 00 0 v KODIAK ISLAND BOROUGH w • a a. � A A A r � Aimee Williams Borough Manager Tessa Davis Chris French Community Development Director n v n `00 v 0 co 0 Regular / Special Convened: KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Recessed: Reconvened: Date: Olyla' di001q' - -Clo Adjourned: BY: SECOND: oe�ol BY: S✓ SECONPdG ,^ V Uv BY: �7 SECOND-- G lib0m. -02A OLIV BY: SECOND d6q �Q. OE/V -� BY: SECOND: J� YES NO YES NO YES NO YES NO YES NO Mr. Ames r/ Mr. Griffin V Mr. Griffin Mr. Griffin Yj. Mr. Griffin Mr. Griffin Mr. LeDoux V Mr. LeDoux Mr. LeDoux Mr. LeDoux* Mr. LeDoux Mr. Sharratt MF. Mr. Smiley Mr. Smiley Mr. Smiley Mr. Smiley Mr. Smiley ✓' Mr. Turner Mr. Turner Mr. Turner Mr. Turner Mr. Turner Mr. Whiteside Mr. Whiteside Mr. Whiteside Mr. Whiteside Mr. Whiteside WOULD ANYONE LIKE TO CHA_ N_ GE THEIR VOTE? WOULD ANYONE LIKE TO CHANGE THEIR VOTE?rr TOTAL: TOTAL: I I TOTAL: TOTAL:151 Q TOTAL: The mayor may of vote except in the case where only six members of the assembly are present and there is a three/three tie vote of the assembly. Mayor Arndt Mayor ArndtF-1 Mayor Arndt —F I Mayor Arndt Mayor Arndt 00 I Regular V Special Convened: KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Recessed: Reconvened:11 Date: & 7 )O`qq ` Adjourned: ovyl-," BY: SECOND - (' - BY: �S SECOND: BY: U� SECOND,,_ I BY: 9�, SECOND: \ 1 v BY: SECOND: CIA YES NO 1 YES NO YES NO YES NO YES N011 r.Ames Mr. Griffin Mr. Griffin V Mr. Griffin Mr. Griffin Mr. Griffin Mr. LeDoux V Mr. LeDoux V Mr. LeDoux Mr. LeDoux Mr. LeDoux Mr. Smiley Mr. SmileyV— Mr. Smiley Mr. Smiley Mr. Smiley Mr. Turner ` Mr. Turner Mr. Turner Mr. TurnerV7—Mr. Turner Mr. Whiteside V Mr. Whiteside V Mr. Whiteside Mr. Whiteside Mr. Whiteside n COULD ANYONE LIKE TO CHANGE THEIR VOTE? WOULD ANYONE LIKE TO CHARGE THEIR VOTE? TOTAL: TOTAL: TOTAL:5:1 () I I ElTOTAL: - TOTAL: Z The mayor may not vote except in the case where only six members of the assembly are present and there is a t ree/three tie vote of the assembly. n Mayor Arndt Mayor Arndt Mayor Arndt Mayor Arndt Mayor Arndt y Co I Meeting Type: KODIAK ISLAND BOROUGH Assembly Regular Meeting Please PRINT vour name legib V0 Z-/ S U L C, v r-A,v AGENDA ITEM #18.C. Date: �J11 , L -2a Phone number 37 Page 151 of 151 AGENDA ITEM #18.C. `t Kodiak Island Borough Assembly Newsletter Vol. FY2024, No. 27 June 28, 2024 At Its Regular Meeting Of June 27, 2024, The Kodiak Island Borough Assembly Took The Following Actions. The Next Regular Meeting Of The Borough Assembly Is Scheduled On July 18, 2024, At 6:30 p.m. In The Borough Assembly Chambers. PRESENTED The PLAN 2045 Logo Design Contest Award To Tessa Davis ADOPTED Ordinance No. FY2024-02A An Ordinance Of The Assembly Of The Kodiak Island Borough Amending Ordinance No. FY2024-02, Fiscal Year 2024 Budget, By Amending Budgets To Account For Various Revenues That Are Over Budget, Providing For Additional Expenditures, And Moving Funds Between Projects AUTHORIZED The Borough Manager To Award Contract No. FY2024-38 To Otis Elevator Company For Elevator Maintenance Service At The Kodiak Fisheries Research Center AUTHORIZED The Borough Manager To Sign Contract No. FY2025-02 With The City Of Kodiak For Animal Control Services For July 1, 2024, To June 30, 2026, For The Amount Of $154,430 For Year One And $156,930 For Year Two AUTHORIZED The Borough Manager To Sign Contract No. FY2025-03 Building Inspection Program Memorandum Of Agreement With The City Of Kodiak For Fiscal Year 2025 To Fiscal Year 2029 ADOPTED Resolution No. FY2024-22 Authorizing The Disposal Of Borough Land To The Kodiak Electric Association For The Purpose Of A Utility Right -Of -Way And Easement ADOPTED Resolution No. FY2025-02 Re -Establishing The Fees Of The Kodiak Island Borough CONFIRMED The Mayoral Appointments To The Borough Lands Committee Of Mr. Corey Gronn To The Alaska Native Claims Settlement Act Corporations Seat And Mr. Dave Townsend To The At Large Seat View our website: Visit our Facebook page: � Follow us on www.kodiakak.us www.facebook.com/KodiakislandBorough Twitter: @KodiakBorough Page 152 of 151