2024-07-18 Regular MeetingKodiak Island Borough
Assembly Regular Meeting Agenda
Assembly Chambers
Thursday, July 18, 2024, 6:30 p.m.
This meeting is open to the public and will be broadcast on KMXT 100.1 FM and on the Borough's You Tube
Channel. Meeting packets are available online. Please subscribe to get meeting notifications when meeting
packets are published.
Page
1. INVOCATION
2. PLEDGE OF ALLEGIANCE
3. STATEMENT OF LAND ACKNOWLEDGEMENT
We are gathered on the traditional homeland of the Sugpiaq/Alutiiq people,
and we acknowledge the 10 tribes of the Kodiak Alutiiq Region. We recognize
the Alutiiq culture that enriches our community to this day.
4. ROLL CALL
5. APPROVAL OF AGENDA AND CONSENT AGENDA
All items listed marked with an asterisk (*) are considered to be routine and non -controversial
items by the Assembly and will be approved by one motion.
6. *APPROVAL OF MINUTES
A. Regular Meeting Minutes of June 27, 2024 4 - 7
2024-06-27 RM Minutes
7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker)
8. AWARDS AND PRESENTATIONS
9. COMMITTEE REPORTS
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11. BOROUGH MANAGER'S REPORT
A 2024-07-18 Borough Manager's Report
Page 0 of 233
8-37
12. MESSAGES FROM THE BOROUGH MAYOR
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14. CONSIDERATION OF CALENDAR - NEW BUSINESS
14.A. CONTRACTS
1. Contract No. FY2025-05 Agreement For The Provision Of 38-40
Destination Marketing And Tourism Development Program
With Kodiak Island Convention and Visitors Bureau
(Discover Kodiak)
Agenda Item Report - Pdf
2. Contract No. FY2019-25B, Amendment # 2, With Waste 41 -152
Connections of Alaska, Inc. DBA Alaska Waste For
Residential And Commercial Solid Waste Collection And
Recycling Services
Agenda Item Report - Pdf
1. Resolution No. FY2025-05 A Resolution of the Kodiak 153-174
Island Borough Assembly Authorizing Disposal By Lease
Of Lot 1 and Lot 9 U.S. Survey 2539 To The Kodiak Island
Sportsman's Association For The Purpose Of Managing
The Salonie Creek Rifle Range And Providing a Range
Caretaker's Site
Agenda Item Report - Pdf
14.C. ORDINANCES FOR INTRODUCTION
1. Ordinance No. FY2025-03 An Ordinance Of The Assembly 175-212
Of The Kodiak Island Borough Amending Title 8 Health
And Safety Chapter 8.25 Solid Waste Collection And
Disposal To Clarify Language And Requirements For Solid
Waste Services
Agenda Item Report - Pdf
1. Confirmation Of Mayoral Appointment To The Planning 213-218
and Zoning Commission City Seat Of Ms. Tracy Craig
Agenda Item Report - Pdf
2. Confirmation Of Mayoral Appointment Of One City 219-220
Representative And One Borough Representative From
The Planning And Zoning Commission To The Borough
Lands Committee (Mr. Kent Cross and Ms. Sara Fraser)
Agenda Item Report - Pdf
Page 1 of 233
15. CITIZENS' COMMENTS
16. ASSEMBLY MEMBERS' COMMENTS
17. ADJOURNMENT
18. INFORMATIONAL MATERIALS
A. Architectural and Engineering Review Board Regular Meeting 221 -228
Minutes of March 7, 2024, Planning and Zoning Commission
Regular Meeting Minutes of May 15, 2024, and Womens Bay
Service Area Board Regular Meeting Minutes of June 4, 2024
Minutes Binder
B Meeting Materials
229-233
This meeting is open to the public and will be broadcast on KMXT 100.1 FM and on the Borough's YouTube Channel. Meeting
packets are available online. Please subscribe to get meeting notifications when meeting packets are published. For public
comments, please call (907) 486-3231 or (855) 492-9202.
Page 2 of 233
AGENDA ITEM #6.A.
KODIAK ISLAND BOROUGH
Assembly Regular Meeting
June 27, 2024
A regular meeting of the Kodiak Island Borough Assembly was held on June 27, 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, Assessing Director
Seema Garoutte, Community Development Christopher French, Borough Clerk Nova M. Javier,
and Assistant Clerk Irene Arellano.
INVOCATION
The invocation was given by Assessing Director Seema Garoutte.
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 Jared Griffin, Larry LeDoux, Scott
Smiley, James Turner, and Bo Whiteside.
5. APPROVAL OF AGENDA AND CONSENT AGENDA
SMILEY moved to approve the agenda and consent agenda.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
6. *APPROVAL OF MINUTES(Approved under consent agenda)
A. Special Meeting Minutes Of May 30, 2024, And Regular Meeting Minutes Of
June 6, 2024
7. CITIZENS' COMMENTS
Toby Sullivan spoke under citizen's comments.
8. AWARDS AND PRESENTATIONS
A. Presentation To Tessa Davis, PLAN 2045 Logo Design Contest Winner
Mayor Arndt presented Tessa Davis the PLAN 2045 Logo Design Contest
award.
Kodiak Island Borough
June 27, 2024
Assembly Regular Meeting Minutes
Page 1 of 4
Regular Meeting Minutes of June 27, 2024 Page 4 of 232
AGENDA ITEM #6.A.
9. COMMITTEE REPORTS — None.
10. PUBLIC HEARING
A. 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 adopt Ordinance No. FY2024-02A.
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 UNANIMOUSLY: Griffin,
LeDoux, Smiley, Turner, and Whiteside.
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
Mayor Arndt encouraged everyone to have a fun and safe 4th of July celebration.
13. CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS — None.
14. CONSIDERATION OF CALENDAR - NEW BUSINESS
14.A. CONTRACTS
1. Contract No. FY2024-38 Approval For Elevator Maintenance Service With Otis
Elevator Company At Kodiak Fisheries Research Center
SMILEY moved 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.
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: LeDoux,
Smiley, Turner, Whiteside, and Griffin.
2. Contract No. FY2025-02 Animal Control Contract Between The 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
SMILEY moved to authorize 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.
Kodiak Island Borough
June 27, 2024
Assembly Regular Meeting Minutes
Page 2 of 4
Regular Meeting Minutes of June 27, 2024 Page 5 of 232
AGENDA ITEM #6.A.
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smiley,
Turner, Whiteside, Griffin, and LeDoux.
3. 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
SMILEY moved 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.
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Turner,
Whiteside, Griffin, LeDoux, and Smiley.
14.B. RESOLUTIONS
1. 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
SMILEY moved to adopt Resolution No. FY2024-22.
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Whiteside,
Griffin, LeDoux, Smiley, and Turner.
2. Resolution No. FY2025-02 Re -Establishing The Fees Of The Kodiak Island
Borough
SMILEY moved to adopt Resolution No. FY2025-02.
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Griffin,
LeDoux, Smiley, Turner, and Whiteside.
14.C. ORDINANCES FOR INTRODUCTION — None.
14.D. OTHER ITEMS
1. Confirmation Of Mayoral Appointments To The Borough Lands Committee Of
Mr. Corey Gronn and Mr. Dave Townsend
SMILEY moved 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.
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: LeDoux,
Smiley, Turner, Whiteside, and Griffin.
Kodiak Island Borough
June 27, 2024
Assembly Regular Meeting Minutes
Page 3 of 4
Regular Meeting Minutes of June 27, 2024 Page 6 of 232
15. CITIZENS' COMMENTS — None.
AGENDA ITEM #6.A.
16. ASSEMBLY MEMBERS' COMMENTS — None.
17. ADJOURNMENT
SMILEY moved to adjourn the meeting at 7:01 p.m.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
KODIAK ISLAND BOROUGH
Scott Arndt, Borough Mayor
Kodiak Island Borough
June 27, 2024
ATTEST:
Nova M. Javier, Borough Clerk
Assembly Regular Meeting Minutes
Page 4 of 4
Regular Meeting Minutes of June 27, 2024 Page 7 of 232
AGENDA ITEM #11.A.
Kodiak Island Borough
OFFICE of the MANAGER
TO: Kodiak Island Borough Assembly
FROM: Aimee Williams
RE: Manager's Report, July 18, 2024
Alaska Municipal League -
710 Mill Bay Road
Kodiak, Alaska 99615
Phone (907) 486-9301
Manager's Department
• The Summer Legislative Conference is being held in Kodiak this year. Both the
Alaska Municipal Manager's Association and the Alaska Conference of Mayors
have meetings on August 13th and then the main conference starts on August
14th and goes into August 15th. Registration for the session is now open at
https://www.akml.org/conferences-events/summerconference/
Conference agenda is attached
• Kodiak Island Borough has been asked to sponsor a breakfast at this summer's
conference.
Request sheet is attached
Formerly Used Defense Sites (FUDS) —
As it applies to the KISA lease at Salonie Creek, the Alaska FUDS Project
Manager, Joshua Barsis, informed me that the range portion of that land is not
eligible for FUDS status because after its initial military use, the area continued to
be used as a rifle range. US Army Corps of Engineers staff did visit the Salonie
Creek area on their visit to Kodiak in February 2024. The range was discussed
along with some old foundations and underground tanks. Mr. Barsis did say that
the foundations and tanks warrant more discussion and could possibly be eligible
to be named a FUDS site in the future. The USACE comes to Kodiak several
times a year to evaluate FUDS related issues.
Page 8 of 232
AGENDA ITEM #11.A.
There is a presentation online that was done as a virtual public meeting in 2021
for the Swampy Acres FUDS. If you are interested in seeing that it is at
https://visualmedia.*acobs.com/KodiakLBS/
Opioid Class Action Settlement Funds (Fund 273) — During the non-profit discussion
last week, there was question about the rules for using those funds.
Rules are attached and will be included in the packet for July 25, 2024
Kodiak Area Leadership Institute (KALI) — On behalf of KALI, Dorinda Kewan
reached out to invite the KIB Assembly to a lunch and the regional government session
that will tentatively be held during the morning on Thursday, September 12tH
There are several topics that have been identified that KALI is interested in reviewing
with Kodiak Island Borough including the Capital Improvement Project process and the
Hazard Mitigation Plan update. This would be followed by updates from Senator
Stevens and Representative Stutes.
If four or more Assembly members want to attend, KALI is willing to put a "Notice of
Public Meeting" onto their agenda if it is necessary to do so. Please let me know if you
are interested in attending the Fall Forum for this session.
Please note that the rest of the forum is by invitation only.
Current Recruitments —
• General Accountant
• Treatment Plant Operator Trainee or Operator — interview held this afternoon
• Temporary Appraiser Technician — interview schedule for July 12, 2024
Community Development
Planning & Zoning Commission — The Planning & Zoning Commission held a regular
meeting on July 17, 2024. The Commission held a public hearing on a rezone from R-3
to B zone for property at 211 Mill Bay Road, 215 Mill Bay Road, and 206 Kashevaroff
Avenue and has recommended the rezone be approved.
Assessing Department
Field Work — The first round of postcards has been received in the review areas.
Assessing staff will be doing in-person field inspections in Monashka, Bells Flats,
Chiniak, and Pasagshak.
• Properties seen:161
Tyler Conversion — Property cleanup
Page 9 of 232
AGENDA ITEM #11.A.
SC/DV exemptions -
15 applicants remain to be determined by the PFD and will be processed when
the information becomes available. Assessing checks these applicants once a
week.
Exemptions —
• Assessing is working on an exemption application for New Valaam Monastery /
St. Micheals Skete that was timely filed but was incomplete. Assessing has
received the paperwork necessary to begin processing the application.
• Four new exemption applications were received by the Jan. 15 deadline for 2024
for either non-profit religious or charitable uses. (KANA, KCHC, Alutiiq Museum
and Calvary Baptist Church) All four have been completed by the Assessing
Department. Two of the applicants are in the 30 -day reconsideration/ litigation/
BOE period, Two have completed their 30 -day period.
One agricultural deferment exemption was applied for by the May 15 deadline but was
returned for an incomplete application. The applicant has not provided requested
information to date.
Engineering and Facilities
Saltery Cove Trail Improvement — Finance staff is continuing to work with ITN to get
payment from the State of Alaska. Work in Saltery Cove is complete but the area still
needs surveyed later in the year.
KFRC —
• Awaiting the follow up reports from the GSA representatives specific to the
building's fire alarms and sprinkler systems.
• Awaiting contact from GSA regarding decontamination system replacement.
HFAB — Hospital Facilities Advisory Board — Meeting to be scheduled. Awaiting
design information from Providence for sterilization, steam generation, transfer
switches, etc.
Health Facilities Space Evaluation — First draft of the Phase 1 report has been
provided to staff for review. Planned meeting in August with the architects, PKIMC and
KCHC representatives and will be finalized for formal presentation by the end of
September.
Old Mental Health Facility — Requesting a work session agenda item to discuss policy
decisions of the future of these buildings.
Page 10 of 232
AGENDA ITEM #11.A.
Landfill —
• Staff anticipates the annual ADEC Solid Waste Inspection in the middle of
September.
• Staff is continuing to investigate the Compliance Order by Consent (COBC)
associated with the storm water violations.
• Staff will advertise the floor replacement this week.
• Staff to advertise an additional roof Styrofoam give away in the coming weeks.
• A Baler Operator 1 has been hired. This person is to start 7/26/2024. Welcome
aboard Matt Hrdlicka.
KIBSD —
Petersen Roof — Job is progressing. Estimate approximately 70 % completed.
Recent weather has allowed for better production. If the weather continues, we
anticipate substantial completion of the membrane roof next week. Approximately
150 square foot of rotten plywood was replaced. Exterior Insulation Finishing
System (EFIS) has been discovered to contain significant rotten wood
components. This exterior finish will be waterproofed with flashed to stabilize the
assemblies and evaluated for a future project. Job site is being inspected several
times per day by E/F Staff.
• E&F Staff assisted the KIBSD Maintenance Staff with the KIBSD Capital
Improvement Project list. The prepared list was approved by the KIBSD Board
this past Monday.
• A small sink hole has been discovered at the East Elementary Parking area. Staff
has coordinated with the City of Kodiak to cut out a small area of asphalt and
excavate with the vactor truck to determine the cause of the depression. There is
a possibility that a damaged utility line could be a contributing factor.
Leachate Treatment Plant —Staff continues to process as much leachate as the plant
will allow to reduce the stored quantity.
• Staff has attended the emerging contaminates — PFAS — Per and Polyfluoroalkyl
Substances where various emerging methods for treatment and less invasive
treatment options. These include various evaporation and absorption via plant
matter.
• Staff has been interviewing for Operator Trainee Position.
Long Term Care — Material that was remediated in the cell has been spread. This
material will be stirred mechanically, allowed to for the summer and tested to determine
if the material has been successfully remediated.
4
Page 11 of 232
AGENDA ITEM #11.A.
Finance Department
Annual Audit — Final audit will be completed in September.
Property Taxes —
• Real Property: Staff has received the court for a Clerk's Deed to four
unredeemed properties.
• Personal Property: Borough staff is continuing to file small claims documents with
the court for delinquent personal property accounts.
Property Assessment and Taxation Implementation Project — Staff is continuing to
meet with Tyler staff to review business rules and processes and refining final timelines
for project completion.
Digital Budget Project — Staff has begun the implementation of a digital budget book.
This will be effective for the FY2025 budget.
Staffing — We are still advertising for a general accountant position.
IT Department
Security Audit - Working on the Security Audit submission reviews. 36 firms submitted
proposals, which need to be scored by August 1, 2024.
Power Outage Protocol - Reviewing and updating KIB's IT power outage procedures --
IT is putting together a step-by-step document that covers how to gracefully shut down
and bring back up the data center and its servers and enterprise storage and
networking. Doc is created — refining steps.
Business Continuity and Disaster Recovery — working on a comprehensive backup
and disaster recovery plan and related policies for the Borough.
Website - Working with Meagan Christiansen on the www.kodiakak.us website
redesign.
Records and Data management — Working with the Clerks to update the IT physical
and electronic data retention policy to match State of Alaska standards.
Network Management
• Identifying current network cabling for an updated logical network diagram.
• Evaluating next steps for old ESXi software out at the landfill as current
version is no longer getting security updates.
Page 12 of 232
AGENDA ITEM #11.A.
Security —
• Running Nessus Scans internally on the KIB network to identify any security
risks.
• Reviewing antivirus software installation coverage.
o Initial scans are in, and IT is reviewing the results.
• Security systems reviewed and updated in a timely fashion.
• Working on cybersecurity policies for KIB
• Reviewing and testing SIEM and Endpoint Security software for a fit with Kodiak
Island Borough.
o Log360 Demo
Hardware — refreshing 22 laptops for Borough employees and Assembly Members
Deployed 6 updated scanners for Assessing.
Software - Reviewing and updating our internet monitoring software.
• Upgrading our backup systems
• Updating our Win911 systems
Domain Migration —
• Kodiak.gov internet name has been approved by the US Government.
• Working on building new server and service infrastructure for kodiak.gov
internally.
GIS —
Abercrombie road system has been scanned for google street view and has
been uploaded to Google.
Assessing has tasked GIS with reviewing — 7800 property records for
accuracy and updating our GIS data. Roughly 500 records left to update.
o Verify that the legal description is accurate in our records
o Check survey records and plat information for the properties and
update our GIS systems.
GIS Analyst is studying for his FAA Drone Operating License
Page 13 of 232
AGENDA ITEM #11.A.
Wednesday, August 14, 2024, AML Legislative Conference
8:00 am Breakfast
8:30 am Welcome and Introductions
• Mayor Pat Branson, City of Kodiak
• Mayor Scott Arndt, Kodiak Island Borough
• Beth Weldon, AML Board President
• Gary Stevens, Alaska State Legislature (invited)
• Louise Stutes, Alaska State Legislature (invited)
8:45 am Advocacy's Impact
• Nils Andreassen, Alaska Municipal League
• AML Lobbying Team
9:30 am Break
10:00 am Agency Issues — (What's not) Working with state agencies
Fishing Communities are #&(!E9 — What to do when facing
sudden decline?
Recruitment and Retention — Managing through High Vacancy
Rates
12:00 pm Lunch — Addressing Net Outmigration in Alaska's Communities
• Kevin Berry — confirmed
• Nolan Klouda — confirmed
1:30 pm Causes and Impact of Erosion of the Local Tax Base
• Legislative Impact
• Legal Issues
• Latent Inclusion
2:15 pm Reimagining how Alaska Delivers Public Education
• What's a strategy for meeting district budgetary needs and improving student
outcomes?
3:00 pm Break
Page 14 of 232
AGENDA ITEM #11.A.
3:30 pm Planning & Capacity for Community Development and Public
Works
What does a statewide CIP look like?
Planning as a shared service.
4:30 pm Adjourn
5:30 pm Reception — Kodiak Marketplace
Thursday, August 15, 2024, AML Legislative Conference
8:00 am Breakfast
• Kodiak Economic Development Corporation
• John Whiddon
• APEI and AMLJIA Consolidation
• Brennen Hickok, Deputy Director, AMLJIA
• Barbara Thurston, (invited)
8:45 am Discussion of AML Policy Statement
Attendees will participate in small group discussion of current policy statements and
identify potential changes or improvements for consideration by the Legislative
Committee.
Plenary Discussion of State & Federal Legislative Issues
• What are municipal priorities?
• What are changes and State or Federal policy that AML should address?
• What are suggested topics AML could attempt to address?
• Resolutions to be considered by AML at Annual Meeting?
Review of Resolutions
Attendees will participate in plenary discussion of current and potential new resolutions
for consideration of the Resolutions Committee, either identifying individual community
interest or potential AML board resolutions. The final slate of resolutions will still go
through standard AML processes.
• Old — recommended action to remove or improve slate of resolutions.
• New (potential)
Page 15 of 232
AGENDA ITEM #11.A.
• Maintaining Local Control in Charter School Formation
• Housing Affordability Transparency
• Capitalizing a Workers Comp Presumption Trust
• Implementing an Updated Needs -Based Senior Exemption
10:15 am Break
10:30 am Candidate Town Hall
• Attendees will provide information about local governments, advance municipal
priorities, ask questions, and suggest policy positions during a webinar attended
by any candidate running for state or statewide office. Candidates may respond
along the way, and answer or follow up shared with attendees at the conclusion.
12:00 pm Closing Session & Lunch — Congressional Delegation
1:00 pm Adjourn
Page 16 of 232
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Phone 907.942.6605
Website Kodiakedc.com
Email melissa@kodiakedc.com
Address PO Box 669, Kodiak, Alaska 99615
--AGEN-DA IT
KODIAK
•ECONOMIC Overview
QEVELOPMENT
CORPORATION
The Alaska Municipal League (AML) will
hold its annual summer conference in
Kodiak from August 13-15. AML is a non-
profit, non-partisan, statewide -membership
organization of 165 cities that represent
over 97 percent of Alaska's residents.
Elected officials, managers, clerks, and
affiliate members from across the state will
be in attendance.
This three day event will be held at the
Kodiak Marketplace and offers a unique
opportunity to highlight both local and
statewide enterprises. Kodiak Economic
Development Corporation is sponsoring
breakfast on Thursday the 15th. The
Kodiak Business Climate Survey will be
presented to all attending. A printed copy
of the survey, complete with sponsorship
listing, will be provided to each member of
AML attending the conference to review
and take back to their respective
communities throughout our state.
About The Survey
The Kodiak Business Climate Survey is a valuable
resource for business and organizations. This
timely report will be distributed to sponsors and
all attendees at the Alaska Municipal League
Summer Conference here in Kodiak in August
2024.
One hundred and twenty eight businesses
responded representing over 3000 Kodiak
employees. Data in this report will help
businesses with future decision making and
organizations seeking state and federal grant
opportunities.
KEDC engaged Juneau based Rain Coast Data to
collect, analyze, and collate Kodiak economic and
labor data. Rain Coast Data has established a
strong reputation as a research and consulting
firm specializing in Alaskan economic analysis,
publications, socioeconomic impact studies,
survey research, and public outreach.
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Benefit of Local Recognition:
Increase your brand recognition as a leader and 5 4
contributor in Kodiak's business community. qj
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Benefit of Community Empowerment: %4
Directly support KEDC's capacity and ability to provide v'"
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timely and impactful economic data to inform and drive , y -1,N
local and regional economic development. 6
Benefit of Statewide Exposure:
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Connect with AML members and affiliates from more
than 165 Alaskan communities.
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Page 20 of
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Your business name
listed in the report as
one of the supporters
Featured on the
KEDC website
with a link to your
website and social
media pages.
Drshli3 Package
Partner
All the benefits of
Helper Package,
PLUS
Display of your logo
in the Business
Climate Survey
A feature in
KEDC's monthly
newsletter
A feature on
KEDC's website
All the benefits of
Helper and
Supporter Packages
PLUS
Maximum visibility with
a quarter page ad
placement in the report
Acknowledgment in the
Executive Summary in
the Business Climate
Survey
Multiple features in
KEDC press releases to
broadcast, print, and
social media
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KODIAK
About Us ECONOMIC
DEVELOPMENT
CORPORATION
Kodiak Economic Development Corporation is a private, nonprofit 501(c)(3) organization founded in
2021 and directed by a group of community leaders who recognize the need to broaden and
strengthen Kodiak's economy.
KEDC's mission is to improve the quality of life on Kodiak by developing partnerships to diversify the
economy, supporting industry, and educating our youth and workforce to succeed in the global
economy.
Our Board of Directors reflect an array of experience, resources, and valuable insight to help KEDC
fulfill the mission of developing a vibrant, diverse, and sustainable Kodiak economy.
To date KEDC has advanced discussions and progress in areas concerning Kodiak's housing crisis
with many community stakeholders. We have supported local businesses through the Storefront
Improvement Program which is positioned to revitalize and strengthen Downtown Kodiak. Through
our Career Expo for Kodiak High School students and Job Fair, workforce development opportunities
are being cultivated. With projects on the horizon to support our fishing industry and mariculture,
KEDC plans comprehensive support for Kodiak's economy.
If you are interested in being a sponsor, and showcase your
business at the AML Summer Conference, visit
Kodiakedc.com/sponsor or KEDC can send an invoice to
remit payment by check or credit card.
We look forward to connecting with you.
Contact Us:
Phone
Website
Email
Address
907.942.6605
Kodiakedc.com/sponsor
melissa@kodiakedc.com
PO Box 669, Kodiak, Alaska 99615
Page 22 of 232
AGENDA ITEM #11.A.
Exhibit E
List of Opioid Remediation Uses
Schedule A
Core Strategies
Settling States and Exhibit G Participants may choose from among the abatement strategies
listed in Schedule B. However, priority may be given to the following core abatement strategies
("Core Strategies"). 1
A. NALOXONE OR OTHER FDA -APPROVED DRUG TO
REVERSE OPIOID OVERDOSES
1. Expand training for first responders, schools,
community support groups and families; and
2. Increase distribution to individuals who are
uninsured or whose insurance does not cover the needed
service.
B. :-IEDICATION-ASSISTED TREATMENT ("MAT")
DISTRIBUTION AND OTHER OPIOID -RELATED
TREATMENT
1. Increase distribution of MAT to individuals who are
uninsured or whose insurance does not cover the needed
service;
2. Provide education to school-based and youth -focused
programs that discourage or prevent misuse;
3. Provide MAT education and awareness training to
healthcare providers, EMTs, law enforcement, and other
first responders; and
4. Provide treatment and recovery support services such as
residential and inpatient treatment, intensive outpatient
treatment, outpatient therapy or counseling, and recovery
housing that allow or integrate medication and with other
support services.
I As used in this Schedule A, words like "expand," "fund," "provide" or the like shall not indicate a preference for
new or existing programs.
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C. PREGNANT & POSTPARTUM WOMEN
Expand Screening, Brief Intervention, and Referral to
Treatment ("SBIRI") services to non -Medicaid eligible or
uninsured pregnant women;
2. Expand comprehensive evidence -based treatment and
recovery services, including MAT, for women with co-
occurring Opioid Use Disorder ("OUD") and other
Substance Use Disorder ("SUD")/Mental Health disorders
for uninsured individuals for up to 12 months postpartum;
and
Provide comprehensive wrap-around services to individuals
with OUD, including housing, transportation, job
placement/training, and childcare.
D. EXPANDING TREATMENT FOR NEONATAL
ABSTINENCE SYNDROME ("NAS")
Expand comprehensive evidence -based and recovery
support for NAS babies;
2. Expand services for better continuum of care with infant -
need dyad; and
3. Expand long-term treatment and services for medical
monitoring of NAS babies and their families.
E. EXPANSION OF WARM HAND-OFF PROGRAMS AND
RECOVERY SERVICES
Expand services such as navigators and on-call teams to
begin MAT in hospital emergency departments;
2. Expand warm hand-off services to transition to recovery
services;
3. Broaden scope of recovery services to include co-occurring
SUD or mental health conditions;
4. Provide comprehensive wrap-around services to individuals
in recovery, including housing, transportation, job
placement/training, and childcare; and
Hire additional social workers or other behavioral health
workers to facilitate expansions above.
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F. TREATMENT FOR INCARCERATED POPULATION
1. Provide evidence -based treatment and recovery support,
including MAT for persons with OUD and co-occurring
SUD/Ml i disorders within and transitioning out of the
criminal justice system; and
2. Increase funding for jails to provide treatment to inmates
with OUD.
G. PREVENTION PROGRAMS
1. Funding for media campaigns to prevent opioid use (similar to
the FDA's "Real Cost" campaign to prevent youth from
misusing tobacco);
2. Funding for evidence -based prevention programs in schools;
3. Funding for medical provider education and outreach regarding
best prescribing practices for opioids consistent with CDC
guidelines, including providers at hospitals (academic
detailing);
4. Funding for community drug disposal programs; and
5. Funding and training for first responders to participate in pre -
arrest diversion programs, post -overdose response teams, or
similar strategies that connect at -risk individuals to behavioral
health services and supports.
H. EXPANDING SYRINGE SERVICE PROGRAMS
Provide comprehensive syringe services programs with
more wrap-around services, including linkage to OUD
treatment, access to sterile syringes and linkage to care and
treatment of infectious diseases.
I. EVIDENCE -BASED DATA COLLECTION AND
RESEARCH ANALYZING THE EFFECTIVENESS OF THE
ABATEMENT STRATEGIES WITHIN THE STATE
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Schedule B
Approved Uses
Support treatment of Opioid Use Disorder (OUD) and any co-occurring Substance Use Disorder
or Mental Health (SUD/MH) conditions through evidence -based or evidence -informed programs
or strategies that may include, but are not limited to, the following:
PART ONE: TREATMENT
A. TREAT OPIOID USE DISORDER (OUD)
Support treatment of Opioid Use Disorder ("OUD") and any co-occurring Substance Use
Disorder or Mental Health ("SUD/MH") conditions through evidence -based or evidence -
informed programs or strategies that may include, but are not limited to, those that:2
1. Expand availability of treatment for OUD and any co-occurring SUD/MH conditions,
including all forms of Medication -Assisted Treatment ("MAT') approved by the U.S.
Food and Drug Administration.
2. Support and reimburse evidence -based services that adhere to the American Society
of Addiction Medicine ("ASAM") continuum of care for OUD and any co-occurring
SUD/MH conditions.
3. Expand telehealth to increase access to treatment for OUD and any co-occurring
SUD/MH conditions, including MAT, as well as counseling, psychiatric support, and
other treatment and recovery support services.
4. Improve oversight of Opioid Treatment Programs ("OTPs") to assure evidence -based
or evidence -informed practices such as adequate methadone dosing and low threshold
approaches to treatment.
5. Support mobile intervention, treatment, and recovery services, offered by qualified
professionals and service providers, such as peer recovery coaches, for persons with
OUD and any co-occurring SUD/MH conditions and for persons who have
experienced an opioid overdose.
6. Provide treatment of trauma for individuals with OUD (e.g., violence, sexual assault,
human trafficking, or adverse childhood experiences) and family members (e.g.,
surviving family members after an overdose or overdose fatality), and training of
health care personnel to identify and address such trauma.
2 As used in this Schedule B, words like "expand," "fund," "provide" or the like shall not indicate a preference for
new or existing programs.
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7. Support evidence -based withdrawal management services for people with OUD and
any co-occurring mental health conditions.
8. Provide training on MAT for health care providers, first responders, students, or other
supporting professionals, such as peer recovery coaches or recovery outreach
specialists, including telementoring to assist community-based providers in rural or
underserved areas.
9. Support workforce development for addiction professionals who work with persons
with OUD and any co-occurring SUD/MH conditions.
10. Offer fellowships for addiction medicine specialists for direct patient care, instructors,
and clinical research for treatments.
11. Offer scholarships and supports for behavioral health practitioners or workers
involved in addressing OUD and any co-occurring SUD/MH or mental health
conditions, including, but not limited to, training, scholarships, fellowships, loan
repayment programs, or other incentives for providers to work in rural or underserved
areas.
12. Provide funding and training for clinicians to obtain a waiver under the federal Drug
Addiction Treatment Act of 2000 ("DATA 2000") to prescribe NEAT for OUD, and
provide technical assistance and professional support to clinicians who have obtained
a DATA 2000 waiver.
13. Disseminate web -based training curricula, such as the American Academy of
Addiction Psychiatry's Provider Clinical Support Service—Opioids web -based
training curriculum and motivational interviewing.
14. Develop and disseminate new curricula, such as the American Academy of Addiction
Psychiatry's Provider Clinical Support Service for Medication—Assisted Treatment.
B. SUPPORT PEOPLE IN TREATMENT AND RECOVERY
Support people in recovery from OUD and any co-occurring SUD/Ml i conditions
through evidence -based or evidence -informed programs or strategies that may include,
but are not limited to, the programs or strategies that:
1. Provide comprehensive wrap-around services to individuals with OUD and any co-
occurring SUD/MH conditions, including housing, transportation, education, job
placement, job training, or childcare.
2. Provide the full continuum of care of treatment and recovery services for OUD and
any co-occurring SUD/MH conditions, including supportive housing, peer support
services and counseling, community navigators, case management, and connections
to community-based services.
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3. Provide counseling, peer -support, recovery case management and residential
treatment with access to medications for those who need it to persons with OUD and
any co-occurring SUD/MH conditions.
4. Provide access to housing for people with OUD and any co-occurring SUD/MH
conditions, including supportive housing, recovery housing, housing assistance
programs, training for housing providers, or recovery housing programs that allow or
integrate FDA -approved mediation with other support services.
5. Provide community support services, including social and legal services, to assist in
deinstitutionalizing persons with OUD and any co-occurring SUD. MH conditions.
6. Support or expand peer -recovery centers, which may include support groups, social
events, computer access, or other services for persons with OUD and any co-
occurring SUD/MH conditions.
7. Provide or support transportation to treatment or recovery programs or services for
persons with OUD and any co-occurring SUD/MH conditions.
8. Provide employment training or educational services for persons in treatment for or
recovery from OUD and any co-occurring SUD/MH conditions.
9. Identify successful recovery programs such as physician, pilot, and college recovery
programs, and provide support and technical assistance to increase the number and
capacity of high-quality programs to help those in recovery.
10. Engage non -profits, faith -based communities, and community coalitions to support
people in treatment and recovery and to support family members in their efforts to
support the person with OUD in the family.
11. Provide training and development of procedures for government staff to appropriately
interact and provide social and other services to individuals with or in recovery from
OUD, including reducing stigma.
12. Support stigma reduction efforts regarding treatment and support for persons with
OUD, including reducing the stigma on effective treatment.
13. Create or support culturally appropriate services and programs for persons with OUD
and any co-occurring SUD/MH conditions, including new Americans.
14. Create and/or support recovery high schools.
15. Hire or train behavioral health workers to provide or expand any of the services or
supports listed above.
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C. CONNECT PEOPLE WHO NEED HELP TO THE HELP THEY NEED
(CONNECTIONS TO CARE)
Provide connections to care for people who have—or are at risk of developing—OUD
and any co-occurring SUD/MH conditions through evidence -based or evidence -informed
programs or strategies that may include, but are not limited to, those that:
1. Ensure that health care providers are screening for OUD and other risk factors and
know how to appropriately counsel and treat (or refer if necessary) a patient for OUD
treatment.
2. Fund SBIRT programs to reduce the transition from use to disorders, including
SBIRT services to pregnant women who are uninsured or not eligible for Medicaid.
3. Provide training and long-term implementation of SBIRT in key systems (health,
schools, colleges, criminal justice, and probation), with a focus on youth and young
adults when transition from misuse to opioid disorder is common.
4. Purchase automated versions of SBIRT and support ongoing costs of the technology.
5. Expand services such as navigators and on-call teams to begin MAT in hospital
emergency departments.
6. Provide training for emergency room personnel treating opioid overdose patients on
post -discharge planning, including community referrals for MAT, recovery case
management or support services.
7. Support hospital programs that transition persons with OUD and any co-occurring
SUD/MH conditions, or persons who have experienced an opioid overdose, into
clinically appropriate follow-up care through a bridge clinic or similar approach.
8. Support crisis stabilization centers that serve as an alternative to hospital emergency
departments for persons with OUD and any co-occurring SUDIMH conditions or
persons that have experienced an opioid overdose.
9. Support the work of Emergency Medical Systems, including peer support specialists,
to connect individuals to treatment or other appropriate services following an opioid
overdose or other opioid -related adverse event.
10. Provide funding for peer support specialists or recovery coaches in emergency
departments, detox facilities, recovery centers, recovery housing, or similar settings;
offer services, supports, or connections to care to persons with OUD and any co-
occurring SUD/MH conditions or to persons who have experienced an opioid
overdose.
11. Expand warm hand-off services to transition to recovery services.
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12. Create or support school-based contacts that parents can engage with to seek
immediate treatment services for their child; and support prevention, intervention,
treatment, and recovery programs focused on young people.
13. Develop and support best practices on addressing OUD in the workplace.
14. Support assistance programs for health care providers with OUD.
15. Engage non -profits and the faith community as a system to support outreach for
treatment.
16. Support centralized call centers that provide information and connections to
appropriate services and supports for persons with OUD and any co-occurring
SUD/MH conditions.
D. ADDRESS THE NEEDS OF CRIMINAL JUSTICE -INVOLVED PERSONS
Address the needs of persons with OUD and any co-occurring SUDIMH conditions who
are involved in, are at risk of becoming involved in, or are transitioning out of the
criminal justice system through evidence -based or evidence -informed programs or
strategies that may include, but are not limited to, those that:
Support pre -arrest or pre -arraignment diversion and deflection strategies for persons
with OUD and any co-occurring SUD/MH conditions, including established strategies
such as:
1. Self -referral strategies such as the Angel Programs or the Police Assisted
Addiction Recovery Initiative ("PAARP');
2. Active outreach strategies such as the Drug Abuse Response Team ("DART")
model;
"Naloxone Plus" strategies, which work to ensure that individuals who have
received naloxone to reverse the effects of an overdose are then linked to
treatment programs or other appropriate services;
4. Officer prevention strategies, such as the Law Enforcement Assisted
Diversion ("LEAD") model;
5. Officer intervention strategies such as the Leon County, Florida Adult Civil
Citation Network or the Chicago Westside Narcotics Diversion to Treatment
Initiative; or
6. Co -responder and/or alternative responder models to address OUD-related
911 calls with greater SUD expertise.
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2. Support pre-trial services that connect individuals with OUD and any co-occurring
SUD/MH conditions to evidence -informed treatment, including MAT, and related
services.
3. Support treatment and recovery courts that provide evidence -based options for
persons with OUD and any co-occurring SUD/MH conditions.
4. Provide evidence -informed treatment, including MAT, recovery support, harm
reduction, or other appropriate services to individuals with OUD and any co-
occurring SUD/Mll conditions who are incarcerated in jail or prison.
5. Provide evidence-infoiined treatment, including MAT, recovery support, harm
reduction, or other appropriate services to individuals with OUD and any co-
occurring SUD/MH conditions who are leaving jail or prison or have recently left jail
or prison, are on probation or parole, are under community corrections supervision, or
are in re-entry programs or facilities.
6. Support critical time interventions ("CTF'), particularly for individuals living with
dual -diagnosis OUD/serious mental illness, and services for individuals who face
immediate risks and service needs and risks upon release from correctional settings.
7. Provide training on best practices for addressing the needs of criminal justice -
involved persons with OUD and any co-occurring SUD/MH conditions to law
enforcement, correctional, or judicial personnel or to providers of treatment, recovery,
harm reduction, case management, or other services offered in connection with any of
the strategies described in this section.
E. ADDRESS THE NEEDS OF PREGNANT OR PARENTING WOMEN AND
THEIR FAMILIES, INCLUDING BABIES WITH NEONATAL ABSTINENCE
SYNDROME
Address the needs of pregnant or parenting women with OUD and any co-occurring
SUD/MH conditions, and the needs of their families, including babies with neonatal
abstinence syndrome ("NAS"), through evidence -based or evidence -informed programs
or strategies that may include, but are not limited to, those that:
1. Support evidence -based or evidence -informed treatment, including MAT, recovery
services and supports, and prevention services for pregnant women—or women who
could become pregnant—who have OUD and any co-occurring SUD MH conditions,
and other measures to educate and provide support to families affected by Neonatal
Abstinence Syndrome.
2. Expand comprehensive evidence -based treatment and recovery services, including
MAT, for uninsured women with OUD and any co-occurring SUD MH conditions for
up to 12 months postpartum.
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3. Provide training for obstetricians or other healthcare personnel who work with
pregnant women and their families regarding treatment of OUD and any co-occurring
SUD/MH conditions.
4. Expand comprehensive evidence -based treatment and recovery support for NAS
babies; expand services for better continuum of care with infant -need dyad; and
expand long-term treatment and services for medical monitoring of NAS babies and
their families.
5. Provide training to health care providers who work with pregnant or parenting women
on best practices for compliance with federal requirements that children born with
NAS get referred to appropriate services and receive a plan of safe care.
6. Provide child and family supports for parenting women with OUD and any co-
occurring SUD/MH conditions.
7. Provide enhanced family support and child care services for parents with OUD and
any co-occurring SUD/MH conditions.
8. Provide enhanced support for children and family members suffering trauma as a
result of addiction in the family; and offer trauma -informed behavioral health
treatment for adverse childhood events.
9. Offer home-based wrap-around services to persons with OUD and any co-occurring
SUD/MH conditions, including, but not limited to, parent skills training.
10. Provide support for Children's Services—Fund additional positions and services,
including supportive housing and other residential services, relating to children being
removed from the home and/or placed in foster care due to custodial opioid use.
PART TWO: PREVENTION
F. PREVENT OVER -PRESCRIBING AND ENSURE APPROPRIATE
PRESCRIBING AND DISPENSING OF OPIOIDS
Support efforts to prevent over -prescribing and ensure appropriate prescribing and
dispensing of opioids through evidence -based or evidence -informed programs or
strategies that may include, but are not limited to, the following:
1. Funding medical provider education and outreach regarding best prescribing practices
for opioids consistent with the Guidelines for Prescribing Opioids for Chronic Pain
from the U.S. Centers for Disease Control and Prevention, including providers at
hospitals (academic detailing).
2. Training for health care providers regarding safe and responsible opioid prescribing,
dosing, and tapering patients off opioids.
3. Continuing Medical Education (CME) on appropriate prescribing of opioids.
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4. Providing Support for non -opioid pain treatment alternatives, including training
providers to offer or refer to multi -modal, evidence -informed treatment of pain.
5. Supporting enhancements or improvements to Prescription Drug Monitoring
Programs ("PDMPs"), including, but not limited to, improvements that:
1. Increase the number of prescribers using PDMPs;
2. Improve point -of -care decision-making by increasing the quantity, quality, or
format of data available to prescribers using PDMPs, by improving the
interface that prescribers use to access PDMP data, or both; or
3. Enable states to use PDMP data in support of surveillance or intervention
strategies, including MAT referrals and follow-up for individuals identified
within PDMP data as likely to experience OUD in a manner that complies
with all relevant privacy and security laws and rules.
6. Ensuring PDMPs incorporate available overdose naloxone deployment data,
including the United States Department of Transportation's Emergency Medical
Technician overdose database in a manner that complies with all relevant privacy and
security laws and rules.
7. Increasing electronic prescribing to prevent diversion or forgery.
8. Educating dispensers on appropriate opioid dispensing.
G. PREVENT MISUSE OF OPIOIDS
Support efforts to discourage or prevent misuse of opioids through evidence -based or
evidence -informed programs or strategies that may include, but are not limited to, the
following:
1. Funding media campaigns to prevent opioid misuse.
2. Corrective advertising or affirmative public education campaigns based on evidence.
3. Public education relating to drug disposal.
4. Drug take -back disposal or destruction programs.
5. Funding community anti-drug coalitions that engage in drug prevention efforts.
6. Supporting community coalitions in implementing evidence -informed prevention,
such as reduced social access and physical access, stigma reduction—including
staffing, educational campaigns, support for people in treatment or recovery, or
training of coalitions in evidence -informed implementation, including the Strategic
Prevention Framework developed by the U.S. Substance Abuse and Mental Health
Services Administration ("SAMHSA").
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7. Engaging non -profits and faith -based communities as systems to support prevention.
8. Funding evidence -based prevention programs in schools or evidence -informed school
and community education programs and campaigns for students, families, school
employees, school athletic programs, parent -teacher and student associations, and
others.
9. School-based or youth -focused programs or strategies that have demonstrated
effectiveness in preventing drug misuse and seem likely to be effective in preventing
the uptake and use of opioids.
10. Create or support community-based education or intervention services for families,
youth, and adolescents at risk for OUD and any co-occurring SUD/MH conditions.
11. Support evidence -informed programs or curricula to address mental health needs of
young people who may be at risk of misusing opioids or other drugs, including
emotional modulation and resilience skills.
12. Support greater access to mental health services and supports for young people,
including services and supports provided by school nurses, behavioral health workers
or other school staff, to address mental health needs in young people that (when not
properly addressed) increase the risk of opioid or another drug misuse.
H. PREVENT OVERDOSE DEATHS AND OTHER HARMS (HARM REDUCTION)
Support efforts to prevent or reduce overdose deaths or other opioid -related harms
through evidence -based or evidence -informed programs or strategies that may include,
but are not limited to, the following:
1. Increased availability and distribution of naloxone and other drugs that treat
overdoses for first responders, overdose patients, individuals with OUD and their
friends and family members, schools, community navigators and outreach workers,
persons being released from jail or prison, or other members of the general public.
2. Public health entities providing free naloxone to anyone in the community.
3. Training and education regarding naloxone and other drugs -that treat overdoses for
first responders, overdose patients, patients taking opioids, families, schools,
community support groups, and other members of the general public.
4. Enabling school nurses and other school staff to respond to opioid overdoses, and
provide them with naloxone, training, and support.
5. Expanding, improving, or developing data tracking software and applications for
overdoses/naloxone revivals.
6. Public education relating to emergency responses to overdoses.
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7. Public education relating to immunity and Good Samaritan laws.
8. Educating first responders regarding the existence and operation of immunity and
Good Samaritan laws.
9. Syringe service programs and other evidence -informed programs to reduce harms
associated with intravenous drug use, including supplies, staffing, space, peer support
services, referrals to treatment, fentanyl checking, connections to care, and the full
range of harm reduction and treatment services provided by these programs.
10. Expanding access to testing and treatment for infectious diseases such as HIV and
Hepatitis C resulting from intravenous opioid use.
11. Supporting mobile units that offer or provide referrals to harm reduction services,
treatment, recovery supports, health care, or other appropriate services to persons that
use opioids or persons with OUD and any co-occurring SUD/MH conditions.
12. Providing training in harm reduction strategies to health care providers, students, peer
recovery coaches, recovery outreach specialists, or other professionals that provide
care to persons who use opioids or persons with OUD and any co-occurring SUD; MH
conditions.
13. Supporting screening for fentanyl in routine clinical toxicology testing.
PART THREE: OTHER STRATEGIES
I. FIRST RESPONDERS
In addition to items in section C, D and H relating to first responders, support the
following:
1. Education of law enforcement or other first responders regarding appropriate
practices and precautions when dealing with fentanyl or other drugs.
2. Provision of wellness and support services for first responders and others who
experience secondary trauma associated with opioid -related emergency events.
J. LEADERSHIP. PLANNING AND COORDINATION
Support efforts to provide leadership, planning, coordination, facilitations, training and
technical assistance to abate the opioid epidemic through activities, programs, or
strategies that may include, but are not limited to, the following:
1. Statewide, regional, local or community regional planning to identify root causes of
addiction and overdose, goals for reducing harms related to the opioid epidemic, and
areas and populations with the greatest needs for treatment intervention services, and
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to support training and technical assistance and other strategies to abate the opioid
epidemic described in this opioid abatement strategy list.
2. A dashboard to (a) share reports, recommendations, or plans to spend opioid
settlement funds; (b) to show how opioid settlement funds have been spent; (c) to
report program or strategy outcomes; or (d) to track, share or visualize key opioid- or
health-related indicators and supports as identified through collaborative statewide,
regional, local or community processes.
Invest in infrastructure or staffing at government or not-for-profit agencies to support
collaborative, cross -system coordination with the purpose of preventing
overprescribing, opioid misuse, or opioid overdoses, treating those with OUD and any
co-occurring SUD/MH conditions, supporting them in treatment or recovery,
connecting them to care, or implementing other strategies to abate the opioid
epidemic described in this opioid abatement strategy list.
4. Provide resources to staff government oversight and management of opioid abatement
programs.
K. TRAINING
In addition to the training referred to throughout this document, support training to abate
the opioid epidemic through activities, programs, or strategies that may include, but are
not limited to, those that:
1. Provide funding for staff training or networking programs and services to improve the
capability of government, community, and not-for-profit entities to abate the opioid
crisis.
2. Support infrastructure and staffing for collaborative cross -system coordination to
prevent opioid misuse, prevent overdoses, and treat those with OUD and any co-
occurring SUD/MH conditions, or implement other strategies to abate the opioid
epidemic described in this opioid abatement strategy list (e.g., health care, primary
care, pharmacies, PDMPs, etc.).
L. RESEARCH
Support opioid abatement research that may include, but is not limited to, the following:
1. Monitoring, surveillance, data collection and evaluation of programs and strategies
described in this opioid abatement strategy list.
2. Research non -opioid treatment of chronic pain.
3. Research on improved service delivery for modalities such as SBIRT that
demonstrate promising but mixed results in populations vulnerable to opioid use
disorders.
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4. Research on novel harm reduction and prevention efforts such as the provision of
fentanyl test strips.
5. Research on innovative supply-side enforcement efforts such as improved detection
of snail -based delivery of synthetic opioids.
6. Expanded research on swift/certain/fair models to reduce and deter opioid misuse
within criminal justice populations that build upon promising approaches used to
address other substances (e.g., llawaii l{OPE and Dakota 24/7).
7. Epidemiological surveillance of OUD-related behaviors in critical populations,
including individuals entering the criminal justice system, including, but not limited
to approaches modeled on the Arrestee Drug Abuse Monitoring ("ADAM") system.
8. Qualitative and quantitative research regarding public health risks and harm reduction
opportunities within illicit drug markets, including surveys of market participants
who sell or distribute illicit opioids.
9. Geospatial analysis of access barriers to MAT and their association with treatment
engagement and treatment outcomes.
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KODIAK ISLAND BOROUGH
STAFF REPORT
JULY 18, 2024
4 '
�s ASSEMBLY REGULAR MEETING
SUBJECT: Contract No. FY2025-05 Agreement For The Provision Of Destination
Marketing And Tourism Development Program With Kodiak Island Convention
and Visitors Bureau (Discover Kodiak)
ORIGINATOR: Meagan Christiansen, Grant Writer/Special Projects Support
RECOMMENDATION:
Move to authorize the Borough Manager to sign Contract No. FY2025-05 agreement for the
provision of Destination Marketing and Tourism Development program with Kodiak Island
Convention and Visitors Bureau (Discover Kodiak).
DISCUSSION:
The Kodiak Island Borough has entered into an agreement with Kodiak Island Convention
and Visitors Bureau (Discover Kodiak) for the provision of destination marketing and tourism
development services on an annual basis for many years. This contract is supported with
funds collected from the Transient Accommodations Tax (Bed Tax) levied within the Borough
and used to promote Kodiak to visitors.
ALTERNATIVES:
Amend, fail, or take no action.
FISCAL IMPACT:
$75,000 from the Tourism Development fund
OTHER INFORMATION:
Kodiak Island Borough
Contract No. FY2025-05 Agreement For The Provision Of Destination Market... Page 38 of 232
AGENDA ITEM #14.A.1.
DESTINATION MARKETING & TOURISM
DEVELOPMENT PROGRAM AGREEMENT
THIS AGREEMENT is entered into by and between the Kodiak Island
Borough (Borough) and Discover Kodiak (contractor) for the purpose of setting
forth the terms and conditions pursuant to which the contractor shall be contracted
to provide destination marketing and tourism development activities for the Kodiak
Island Borough.
Section 1. INTENT OF AGREEMENT. The contractor is hereby contracted
to provide destination marketing and tourism development in the Kodiak Island
Borough.
Section 2. SCOPE OF WORK. The contractor will work with the Discover
Kodiak Board of Directors to accomplish the following tasks:
a. Produce collateral marketing materials, including the Discover Kodiak
Visitor Guide
b. Maintain and staff the Kodiak Visitor Center
c. Work with the Alaska Travel Industry Association to ensure Kodiak is
represented in their ongoing national and international marketing
programs
d. Continue work with the communities in the Kodiak Island Borough to
determine the role tourism does and can play in the community
economies
e. Work with the Kodiak Chamber of Commerce to transform the visitor
industry into a significant component of the Kodiak region's economy
f. Continue development of the kodiak.org website to improve its usability
and visibility to visitors, potential businesses, and residents
g. Work with Kodiak College, the Kodiak Island Borough School District,
Kodiak Area Native organizations, and other organizations to encourage
entrepreneurship and assist small business development in the visitor
industry
h. Continue work with the airline industry and the Alaska Marine Highway
System to maintain and improve access to the Kodiak region
A minimum of four Board of Director meetings will be scheduled during the
term of this Agreement for the purpose of maintaining board input and
guiding the efforts of the contractor. A written summary of Discover Kodiak
activities will be submitted to the Borough Manager's Officer and an agenda
Page 1 of 2
Contract No. FY2025-05 Agreement For The Provision Of Destination Market... Page 39 of 232
AGENDA ITEM #14.A.1.
item shall be set each quarter for the contractor to present to the the Kodiak
Island Borough Assembly.
Section 3. TERM. This agreement will remain in effect July 1, 2024
through June 30, 2025, unless earlier terminated. Either party shall have the right
to terminate the agreement without penalty upon one month's written notice to the
other.
Section 4. COMPENSATION. As compensation for all services rendered
under this agreement, contractor shall be paid $75,000.00 by the Kodiak Island
Borough. Said compensation shall be paid in equal installments of $18,750.00 on
the second Friday of July (or upon execution of this contract), and October 2024,
and January and April 2025.
IN WITNESS WHREROF the parties have executed this Agreement on this
day of June, 2023.
KODIAK ISLAND BOROUGH
Aimee Williams
Manager
Attest:
Borough Clerk
277 287 448.364 Contract No. FY2024-02
DISCOVER KODIAK
Brock Simmons
Executive Director
Page 2 of 2
Contract No. FY2025-05 Agreement For The Provision Of Destination Market... Page 40 of 232
AGENDA ITEM #14.A.2.
KODIAK ISLAND BOROUGH
STAFF REPORT
JULY 18, 2024
4 '
�s ASSEMBLY REGULAR MEETING
SUBJECT: Contract No. FY2019-25B, Amendment # 2, With Waste Connections of
Alaska, Inc. DBA Alaska Waste For Residential And Commercial Solid Waste
Collection And Recycling Services
ORIGINATOR: Aimee Williams, Borough Manager
RECOMMENDATION:
Move to authorize the Borough Manager to execute Contract No. FY2019-25B, Amendment
#2, with Waste Connections of Alaska, Inc. DBA Alaska Waste for Residential and
Commercial Solid Waste Collection and Recycling Services
DISCUSSION:
The Kodiak Island Borough Assembly established the Solid Waste Contract Committee
(SWCC) with Resolution No. FY2024-12 to evaluate, develop, and clarify inconsistencies and
ambiguities present in the current solid waste contract. SWCC began meeting January 2024
and held eight meetings to discuss clarifications and updates needed to rectify the
inconsistencies and ambiguities in the contract. At their last meeting on June 4, 2024, there
was a final draft produced and voted to present to the Assembly.
Attached please find said draft which includes five sections:
General Formatting Changes,
Definition Modifications,
Establishment of New Fees,
Reporting Period, and
Billing Units & Services Required Table and Flow Chart.
ALTERNATIVES:
FISCAL IMPACT:
OTHER INFORMATION:
Kodiak Island Borough
Contract No. FY2019-25B, Amendment # 2, With Waste Connections of Alaska... Page 41 of 232
AGENDA ITEM #14.A.2.
SECOND AMENDMENT TO CONTRACT NO. FY2019-25
RESIDENTIAL AND COMMERCIAL
SOLID WASTE COLLECTION AND
RECYCLING SERVICES
BETWEEN
KODIAK ISLAND BOROUGH
AND
WASTE CONNECTIONS OF ALASKA, INC. dba ALASKA WASTE
JULY 2019
FIRST AMENDED MARCH 2021
SECOND AMENDMENT JULY 2024
Contract No. FY2019-25B, Amendment # 2, With Waste Connections of Alaska... Page 42 of 232
AGENDA ITEM #14.A.2.
DRAFT
This Second Amendment to Contract No. FY2019-25 ("Amendment 2") is made and entered into effective as of
the day of , 20XX ("Amendment Effective Date"), by and between WASTE CONNECTIONS OF
ALASKA, INC. ("Contractor"), and KODIAK ISLAND BOROUGH (the `Borough"). Contractor and the Borough are
each individually referred to herein as a "Party" and collectively as the "Parties". Capitalized terms not otherwise defined
herein shall have the respective meanings ascribed to them in the Agreement (as defined below).
A. WHEREAS, Contractor and the Borough entered into Contract No. FY2019-25 (the "Agreement") dated
July 19, 2019; and
B. WHEREAS, the parties agreed and entered into First Amendment Version II on April 12, 2021.
C. WHERAS, the parties agree there are additional changes that need to be made as outlined here in Second
Amendment.
AGREEMENT
NOW, THEREFORE, in consideration of the premise and obligations as set forth in this Amendment, the receipt
and adequacy of which is hereby agreed to and acknowledged, the Parties agree as follows:
Article 1— General Formatting ChanEes
The following changes are made to ensure structure and contents are clear and legible:
1. Amendment to Table of Contents. Updated the page numbers to correctly correspond with contents of contract
2. Amendment to Footer. Updated the contract to have a footer with the title of the contract and the page number
3. Amendment to Overall Contract Formatting and Minor Corrections. Formatting was fixed to be uniform
throughout the contract. There were minor grammatical or spelling errors that were fixed throughout as well.
Notable pages for these changes are: 5-7, 35, 36, 42, 43, 51-57, 61, & 62.
4. Amendment to Overall Contract Replacing "Premise" with "Billing Unit". Throughout the entire contract the
word "premise" was replaced with the word "billing unit" to make the contract language uniform and clear.
5. Amendments to Overall Contract Replacing "Refuse Cart(s)" with "Roll-Cart(s)". Throughout the contract the
word "Refuse" in correlation with the word Cart was replaced with "Roll" to make the contract language
uniform and clear.
Article 2 — Definition Modifications
The following changes are made to the definitions for the entire contract to assist with clarity of language and better
understanding of how processes are intended function:
Billing Unit is defined as a whole building or any portion of a building which generates refuse and recyclables.
The owner of the billing unit or the occupant in accordance with their lease or rental agreement, will be charged for
the required solid waste services. The billing unit owner is ultimately responsible for paying for the required solid
waste services.
■ A billing unit occupies singular building space;
■ A billing unit provides separate income, service, or benefit to the property owner, renter, or tenant, and
■ A building can have multiple billing units under one roof if they have a common wall separating the
building spaces from each other.
Contract FY2019-25 Residential and Commercial Solid Waste Collection and Recycling Services
Second Amendment
Page 2 of 9
Contract No. FY2019-25B, Amendment # 2, With Waste Connections of Alaska... Page 43 of 232
AGENDA ITEM #14.A.2.
DRAFT
Bulky Item(s) means any large item of solid waste that will not fit through a dumpster or roll -off container
door or opening that is generated at a billing unit and discarded at the Borough landfill.
Commercial describes owners and/or customers or places in the contract service area that are intended to
provide goods or services for sale to the public.
Commercial Dumpster Repair Shop Rate means if a dumpster is damaged at a customer's billing unit
location, and the customer chooses not to perform the repairs themselves as outlined below, the customer
will be responsible for all costs associated with the repairs performed by the Contractor. Costs of repairs to
the dumpsters by the Contractor will include a $150 hourly labor rate and the cost of any parts or materials
used.
If a commercial customer would like to make repairs to the dumpster they are currently being serviced
with, the customer and contractor must have a written agreement granting the customer permission to
perform the repairs on the dumpster. The customer will provide the contractor with a written detailed
description of the repair work they intend to perform, and have it approved prior to any repairs being
conducted. The repairs performed by the customer will need to be inspected and accepted by the
contractor with written and photo documentation of acceptance.
Container means any type of storage receptacle for solid waste; cart, dumpster, or roll -off.
Holidays means days on which KIB offices are closed for business to the public, comprised on the Contract
Commencement Date of the following days:
Added: (7) Juneteenth
Increase to Service Process If the contractor observes and documents with photos three (3) occurrences of a
customer over -filling their solid waste container in a sixty-day (60) period the contractor will reach out to
request the customer increase the size of their solid waste container. If the increase in use is due to a short time-
frame season of increased business (ex. Summertime), the contractor will agree to reducing the size back to the
original container size by a date mutually agreed to by both the contractor and the customer. Services for every
billing unit is required per Kodiak Island Borough Code 8.25.060, a customer will not be allowed to decrease
service to zero.
Litter means solid waste that is left lying in an open or public space.
Owner and/or Customer each person or entity identified as being the responsible part for the billing unit(s)
payment of the required solid waste services. The billing unit owner is ultimately responsible for the payment of
the required solid waste services, no matter the agreement the owner may have with a renter, tenant, or lessee.
■ Each Billing Unit is considered one account.
■ Owners and/or customers of multiple billing units will have more than one account.
■ Customer Count is defined as the number by which the annual fee adjustment is calculated. For
self -haul or roll -cart billing units the customer count is defined by the number of billing unit
accounts in service. For billing units that have two -yard front load dumpsters or larger, the
customer count is calculated by the number of containers in service.
Residential means a billing unit designed for people to live in.
Contract FY2019-25 Residential and Commercial Solid Waste Collection and Recycling Services
Second Amendment
Page 3 of 9
Contract No. FY2019-25B, Amendment # 2, With Waste Connections of Alaska... Page 44 of 232
AGENDA ITEM #14.A.2.
DRAFT
Self -Haul is a billing unit owner and/or customer who hauls their own trash to a public roll -off dumpster site
location and/or the Borough landfill. The fees will be equal to the cost of the required service for said billing
unit. Self -haul services are only allowed to customers who reside in the Bear Aware area or in an area outside
the roll -cart service area.
Sharing of a Dumpster means a dumpster on a property that has multiple billing units that is shared between the
owners and/or customers of the units. Customers that elect to share a dumpster need to do so with a written
agreement between themselves and the contractor.
Sole Purpose Dumpster means a dumpster that is rented from the contractor by a customer in which only one
type or category of solid waste is allowed to be deposited.
Uninhabitable means a billing unit that is not suitable for living in. The customer may apply for this
categorization but must prove that they do not have any other utility services: electricity, water/ sewer, or heat.
Contract FY2019-25 Residential and Commercial Solid Waste Collection and Recycling Services
Second Amendment
Page 4 of 9
Contract No. FY2019-25B, Amendment # 2, With Waste Connections of Alaska... Page 45 of 232
AGENDA ITEM #14.A.2.
DRAFT
Article 3 — Establishing New Fees
These new fees are to be established for work the Contractor is performing repeatedly with no compensation and to help
deter customers from repeating violations:
1. Establish a New Account Rate for Delivery of Roll -Off and Commercial Dumpsters. Establish a new account
rate for delivery of roll -off and commercial dumpsters in City Limits, with City Limits being defined in the
contract as the land between Gibson Cove and Antone Way.
a. Roll -Off: $75.00 per delivery to start services.
b. Front -Load Dumpster: $55.00 per delivery to start services.
2. Establish Rates for Re -Delivery of Removed Containers for Non -Payment of Services. Establish a rate for re-
delivery of removed containers for non-payment of services.
a. Commercial Front -Load Dumpster: $75.00 per re -delivery of commercial front load dumpster removed
for non-payment past sixty (60) days.
Additional change: Reduce the non-payment removal of commercial container from ninety (90)
days to sixty (60) days.
b. Roll -Cart: $50.00 per re -delivery of roll -cart removed from non-payment past ninety (90) days.
3. Establish Rate for Overfilled Containers. Establish a rate for over filled containers, charged at as a per -yard fee.
a. $42.75 per yard overage of designated container size capacity.
4. Establish an Annual Rate Adjustment for Lock Bar Devices. Implement an annual rate adjustment for the Lock
Bar Device fee to allow adjustment of the rate to the current market value.
Article 4 — Reporting Period
The following change are small adjustments to do with reporting periods for the contractor.
1. Change the Annual Reporting Date. Move the Annual Reporting Date from February 15' to April 30`" to align
with the Contractor's Annual Adjustment Due Date.
Contract FY2019-25 Residential and Commercial Solid Waste Collection and Recycling Services
Second Amendment
Page 5 of 9
Contract No. FY2019-25B, Amendment # 2, With Waste Connections of Alaska... Page 46 of 232
AGENDA ITEM #14.A.2.
DRAFT
Article 5 — Billin-2 Units & Services Required Table & Flow Chart
Billing Unit Table
Billing Units & Services Required
No. of Units
Service Required
1
Standard: self -haul* or roll -cart. **
2-3
Standard: self -haul* or roll-cart(s)**
for the equal number of units.
4
Standard: 2 -yard dumpster.
or may request 4 roll -carts*** for the
equivalent fee of a 2 -yard dumpster.
5+
Standard: 2 -yard dumpster.
No option for roll-cart(s).
Requests for deviation from standard services will be submitted to the contractor
for consideration. If the customer and contractor have a dispute over the level of
services required, then contractor will contact Borough Manager or designee for
final determination.
*Self -Haul is only allowed for customers who live in a Bear Aware service area or are outside the
roll -cart service area.
**When waste generated consistently exceeds container capacity the Contractor will document
evidence of the need for an increase in pick-up frequency or a larger container at the
corresponding price. See Amendment #2, Article 2, Increase to Service Process for more detailed
information.
***Four roll -carts are only allowed if no space for dumpster or code required parking cannot be
accommodated if dumpster is present.
Contract FY2019-25 Residential and Commercial Solid Waste Collection and Recycling Services
Second Amendment
Page 6 of 9
Contract No. FY2019-25B, Amendment # 2, With Waste Connections of Alaska... Page 47 of 232
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AGENDA ITEM #14.A.2.
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Colima Na FY2019 25B,Amendment # 2 With Waste Connections of Alaska... Page 48 0 232
AGENDA ITEM #14.A.2.
DRAFT
Counterparts. This Amendment may be executed in one or more facsimile or original counterparts, each
of which shall be deemed an original and both of which together shall constitute one and the same
instrument.
2. Ratification. All terms and provisions of the Agreement not amended hereby, either expressly or by
necessary implication, shall remain in full force and effect.
3. Conflictiniz Provisions. In the event of any conflict between the terms of the Agreement and this
Amendment, the terms of this Amendment shall prevail.
4. Authorization. Each Party executing this Amendment represents and warrants that it is duly authorized to
cause this Amendment to be executed and delivered.
[Signature Page Follows]
Contract FY2019-25 Residential and Commercial Solid Waste Collection and Recycling Services
Second Amendment
Page 8 of 9
Contract No. FY2019-25B, Amendment # 2, With Waste Connections of Alaska... Page 49 of 232
AGENDA ITEM #14.A.2.
IN WITNESS WHEREOF, the Parties execute this Amendment as of the date first written above.
Contractor:
WASTE CONNECTIONS OF ALASKA, INC.
By:
Name:
Title:
Date:
ATTEST:
By:
Name:
Title:
Date:
The Borough:
KODIAK ISLAND BOROUGH
By:
Name:
Title:
Date:
ATTEST:
By:
Name:
Title:
Date:
APPROVED AS TO FORM:
By:
Name:
Title:
Date:
Contract FY2019-25 Residential and Commercial Solid Waste Collection and Recycling Services
Second Amendment
Page 9 of 9
Contract No. FY2019-25B, Amendment # 2, With Waste Connections of Alaska... Page 50 of 232
AGENDA ITEM #14.A.2.
3.19.2021 Version
FIRST AMENDMENT VERSION II TO CONTRACT NO. FY2019-25
RESIDENTIAL AND COMMERCIAL
SOLID WASTE COLLECTION AND
RECYCLING SERVICES
BETWEEN
KODIAK ISLAND BOROUGH
AND
WASTE CONNECTIONS OF ALASKA, INC. dba ALASKA WASTE
MAY 2019
AMENDED MARCH 2021
Contract No. FY2019-25B, Amendment # 2, With Waste Connections of Alaska... Page 51 of 232
AGENDA ITEM #14.A.2.
3.19.2021 Version
This Second Amendment to Contract No. FY2019-25 ("Amendment") is made and entered into effective as of the
18th day of March 2021 ("Amendment Effective Date"), by and between WASTE CONNECTIONS OF ALASKA, INC.
("Contractor'), and KODIAK ISLAND BOROUGH (the `Borough"). Contractor and the Borough are each individually
referred to herein as a "Partv" and collectively as the "Parties". Capitalized terms not otherwise defined herein shall have
the respective meanings ascribed to them in the Agreement (as defined below).
BACKGROUND
A. WHEREAS, Contractor and the Borough entered into Contract No. FY2019-25 (the "Agreement') dated
July 19, 2019; and
B. WHEREAS, the Parties have discovered and agree that the original contract contained an error in the listing
of the commercial dumpster rates due to failure to properly transfer the rates proposed in the Contractor's
proposal into the contract document; and
C. WHEREAS, section 11.03 permits CPI adjustments to Collection and Administrative Cost Component, and
PPI adjustments to the Fuel Cost Component beginning July 1, 2020 for each successive year of the
contract; and
D. WHEREAS, section 11.03 permits and a Disposal Cost Component adjustment July 1, 2020 and each July
1 thereafter based upon the changes in the tonnage rate charged the Contractor and the change in customer's
served since an April 15, 2018 reference date but the Request for Proposals used rates as of October 2018
as a reference point for rate proposals; and
E. WHEREAS, section 6.03 contains two sections labelled as subsection b and is ambiguous as to the authority
and criteria for changes in container size; and
F. WHEREAS, the parties desire to revise the method for determining and charging the per occurrence charges
for Residential Roll -Off or Dumpster Clean-up Costs; and
G. WHEREAS, the Parties now desire to amend the Agreement to correct the error in the listing of the
commercial dumpster rates as they appeared in the original agreement; to correct the reference date for
calculation of adjustments for changes in disposal rates; to reduce the ambiguity as to the intended operation
of subsection 6.03(b), and to incorporate those adjustments due under section 11.03 of the contract effective
as of July 1, 2020.
AGREEMENT
NOW, THEREFORE, in consideration of the premises and obligations as set forth in this Amendment, the receipt
and adequacy of which is hereby agreed to and acknowledged, the Parties agree as follows:
1. Amendment to Section 6.01(b) of the Agreement. The subsection entitled "Mandatory Service" on page 11
of the agreement is amended to clarify how the standard container charge for self -hauling customers is determined, and
restated to read as follows:
"(b)" If anyone notifies Contractor in writing that he or she wishes to personally store, collect, transport
and dispose of Solid Waste generated on that person's Premises, (referred to as "self -haul"), Contractor
may nevertheless charge that person a Contractor Service Fee commensurate with the weekly roll cart fee,
based upon 95 gallons or less of Solid Waste that the self -haul (commercial or residential) Customer
discards at the Landfill or a Roll Off Container.
2. Amendment to Section 6.03(b) of the Agreement. The subsection entitled "Dumpster Options" on page 13
of the agreement is amended to clarify how the appropriate container is determined, and restated to read as follows:
b. Dumpster Options.
Contract No. FY2019-2513, Amendment # 2, With Waste Connections of Alaska... Page 52 of 232
AGENDA ITEM #14.A.2.
3.19.2021 Version
(1) Standard Option. Contractor will provide each Commercial Premise and Multi -Family Premise (as defined in
section 23) with one 2.0 cubic yard capacity dumpster to be Collected once weekly for the charge listed on the
Service Fee Schedule in Section 11.01, subject to the following exceptions:
(i) If a Premise falls within a Borough -designated "Bear Aware" area, it shall without exception
receive a bear -resistant Dumpster.
(ii) A Commercial Customer may direct Contractor to provide a Dumpster of alternate capacity, or
one or more Roll -Off Containers, subject to the charges prescribed by the Contractor Service Fee
Schedule.
(iii) A Commercial Customer which requires one or two 95 -gallon roll carts per week to properly
store and dispose of their refuse may request and receive a reduction to single or double roll carts
charged at the roll cart rate. A Commercial Customer which requires more than two 95 -gallon
roll carts weekly to securely store and dispose of their refuse will receive service under the
standard option, subject to modification only under (ii), (iv), (v) and (vi) of this section.
(iv) A Commercial Customer with dumpster service may also direct Contractor to, notwithstanding
any Regularly Scheduled Collection Day(s), collect refuse from the Customer's Premises on
alternate or additional days as agreed to between the Contractor and Customer, and subject to the
Contractor Service Fee Schedule.
(v) For a Commercial Premise or Multi Family Premise, should the Contractor, in its sole discretion,
determine that there is insufficient room at a premise to place or safely collect one or more
dumpsters for each customer using the corresponding set- out site, the Contractor will either:
A. Provide one or more carts of the capacity and number that each Customer requires to
safely and adequately store its discarded Refuse pending Collection; or.
B. Allow one or more Customers to share a Dumpster.
(vi) Should the Contractor determine that the routine waste volume of a Commercial Premises or
Multi Family Premise requires a larger capacity container, the Contractor may provide
container(s) of sufficient size and notify the customer and the Borough of the change in
container(s).
(vii) If there is a dispute as to the size container required or whether a customer's waste stream
requires more than the customer requested container(s) the Borough Manger or designee will
review the circumstances and make a final administrative determination.
3. Amendment to Section 6.03(b -d) of the Agreement. The subsection entitled "b. Compactors" on page 13
of the agreement is incorrectly labelled as a second subsection 6.03(b). This section is re -labelled as subsection 6.03(c),
and the subsections labelled (c) and (d) on page 14 of the agreement are re -labelled to be (d) and (e).
4. Amendment to Section 11.01 of the Agreement. The table titled "Contractor Service Fee for Cart Service"
on page 29 of the Agreement which originally read:
Contractor Service Fee for Cart Service
Monthly Service Fee
(Serviced Once per
Container
Week)
Senior Discount
95 -gallon Bear Resistant Roll Cart
$49.95
$42.95 -$7.00
Contract No. FY2019-25B, Amendment # 2, With Waste Connections of Alaska... Page 53 of 232
AGENDA ITEM #14.A.2.
3.19.2021 Version
Each Additional 95 -gallon Bear
Resistant Roll Cart
$49.95 $42.95 47.00
Residential Roll -Off
Roll Off Rate Per Size Roll Off Rate Per Size
Additional Set -Out Fee
No Charge No Charge
is hereby amended to incorporate the adjustments permitted under section 11.03 effective July 1, 2020 and restated
in its entirety to read as follows:
Contractor Service Fee for Cart Service
Container
Monthly Service Fee
(Serviced Once per
Week)
Senior Discount
95 -gallon Bear Resistant Roll Cart
$49.25
$42.25 -$7.00
Each Additional 95 -gallon Bear
Resistant Roll Cart
$49.25
$42.25 -$7.00
Residential Roll -Off
Roll Off Rate Per Size
Roll Off Rate Per Size
Additional Set -Out Fee
No Charge
No Charge
5. Amendment to Section 11.01 of the A eement. The table titled "Contractor Service Fee Surcharges for
Services SHALL NOT EXCEED" on page 30 of the Agreement is hereby amended to amend the item "Residential Roll -
Off or Dumpster Clean -Up Costs", to refer only to "Dumpster clean-up costs", and a new provision for fees for Residential
Roll -Off Clean -Up Costs is added to read as follows:
"Residential Roll -Off Clean -Up Costs shall be compensated by a one-time charge of $4.93 to each customer
utilizing a roll cart and self- haul customer which will appear on their April 2021 invoice, and on the January
invoice for subsequent contract years. This fee will be adjusted annually on January 1, based on the actual cost of
the twelve-month period from November 191- October 3I"preceding the January 1 charge. Actual cost will be
determined based upon the costs of picking up any litter and trash around residential roll off containers, not
including bulky items which are too large to fit in a trash bag or any hazardous materials, for a distance of 20 feet,
to be charged in 1 -minute increments of time, for a fee of $1.00. At the end of each month, Alaska Waste will
provide KIB with copies of route sheets to document actual time spent, along with a summary of those sheets."
6. Amendment to Section 11.01 of the A eement. The table titled "Contractor Monthly Service Fee for
Dumpsters" on page 30 of the Agreement is hereby corrected to reflect the rates in the proposal effective as of the July 2019
signing of the contract as follows:
Contract No. FY2019-25B, Amendment # 2, With Waste Connections of Alaska... Page 54 of 232
AGENDA ITEM #14.A.2.
3.19.2021 Version
and is further amended effective July 1, 2020 to incorporate the adjustments permitted under section 11.03 and
restated in its entirety to read as follows:
Contractor Monthly Service Fee for Du stens
Contractor Monthly Service Fee for Dum stens
3040 cubic yard
10-20 cubic yards
Dumpster
Compactor
Dumpster
Number of Dumpstern Scheduled Tips Per Week
$161.44 per haul, plus
Number of Dum stern Scheduled Tips Per Week
Size
1
2
disposal fee, plus
Size
1
5
2
Extra Pickup
3
$ 313.42
4
$
5
$ 1,253.70
6
Extra Pickup
2 and
$ 312.15
$
624.28
$
936.44
$
1248.59
$
1560.74
$
1872.88
$
82.90
2.6 yard
$ 416.95
$
833.89
$
1250.84
$
1667.78
$
2084.73
$
2501.67
$
110.74
3 yard
$ 486.81
$
973.62
$
1460.43
$
1947.25
$
2434.06
$
2920.87
$
129.29
3.6 yard 1
$ 575.91
$
1151.83
$
1727.74
$
2303.65
$
2879.57
$
3455.48
$
152.96
4 yard
$ 635.31
$
1270.63
$
1905.94
$
2541.26
$
3176.57
$
3881.89
$
168.73
5 yard
$ 744.87
$
1599.29
$
2234.60
$
2979.47
$
3724.34
$
4469.20
$
197.83
5.5 yard
$ 799.64
$
1199.46
$
2398.98
$
3198.58
$
3998.22
$
4797.86
$
212.38
6 yard
$ 854.42
$
1708.84
$
2563.26
$
3417.68
$
4272.10
$
5126.52
$
226.92
8 yard
$ 1,088.73
$
2177.45
$
3266.18 1
$
4354.90
$
5443.63
$
6532.36
$
289.15
*Contractor Service Fee for multiple Dumpsters is equal to the above scheduled amounts multiplied by the number of
Dum sters
and is further amended effective July 1, 2020 to incorporate the adjustments permitted under section 11.03 and
restated in its entirety to read as follows:
7. Amendment to Section 11.01 of the A eement. The table titled "Contractor Monthly Service Fee for Roll -
Off Service" on page 31 of the Agreement which initially read as follows:
Contractor Mont-Idy Service Fee for ROILwOff Service
Contractor Monthly Service Fee for Du stens
10-20 cubic yard
3040 cubic yard
10-20 cubic yards
Dumpster
Compactor
Compactor
Number of Dumpstern Scheduled Tips Per Week
$161.44 per haul, plus
$214.69 per haul plus
Size
1
2
disposal fee, plus
3
4
5
6
Extra Pickup
2 yard
$ 313.42
$ 626.85
$
940.27
$ 1,253.70
$ 1,567.12
$ 1,880.53
$
83.24
2.6 yard
$ 418.65
$ 837.30
$
1,255.96
$ 1,674.61
$ 2,093.26
$ 2,511.89
$
111.19
3 yard
$ 488.80
$ 977.59
$
1,466.39
$ 1,955.19
$ 2,443.99
$ 2,932.79
$
129.82
3.6 yard
$ 578.26
$ 1,156.52
$
1,734.78
$ 2,313.04
$ 2,891.30
$ 3,469.58
$
153.58
4 yard
$ 637.91
$ 1,275.81
$
1,913.71
$ 2,551.61
$ 3,189.52
$ 3,827.45
$
169.42
5 yard
$ 747.91
$ 1,495.82
$
2,243.73
$ 2,991.64
$ 3,739.55
$ 4,487.45
$
198.64
5.5 yard
$ 802.91
$ 1,605.81
$
2,408.71
$ 3,211.62
$ 4,014.52
$ 4,817.45
$
213.24
6 yard
$ 857.91
$ 1,715.82
$
2,573.72
$ 3,431.63
$ 4,289.54
$ 5,147.45
$
227.85
8 yard
$ 1093.17
$ 2,186.35
$
3,279.52
$ 4,372.70
$ 5,465.87
$ 6,559.02
$
290.33
*Contractor Service Fee for multiple Dumpsters is equal to the above scheduled amounts multiplied by the number of
Dum sters
7. Amendment to Section 11.01 of the A eement. The table titled "Contractor Monthly Service Fee for Roll -
Off Service" on page 31 of the Agreement which initially read as follows:
Contractor Mont-Idy Service Fee for ROILwOff Service
10-20 cubic yard
3040 cubic yard
10-20 cubic yards
30-40 cubic yards
Compactor
Compactor
$161.44 per haul, plus
$214.69 per haul plus
disposal fee, plus
disposal fee, plus
$161.44 per haul, plus
$214.69 per haul, plus
$21.25 disconnect fee
$21.25 disconnect fee
disposal fee
disposal fee
if applicable)
if applicable)
Contract No. FY2019-25B, Amendment # 2, With Waste Connections of Alaska... Page 55 of 232
AGENDA ITEM #14.A.2.
3.19.2021 Version
is hereby amended to incorporate the adjustments permitted under section 11.03 effective July 1, 2020 and restated
in its entirety to read as follows:
Contractor Monthly Service Fee for Roll -Off Service
Service Fee for Cardboard Recycling
Service
10-20 cubic yard
3040 cubic yard
10-20 cubic yards
30-40 cubic yards
Compactor
Compactor
$214.69 per haul
$160.63 per haul, plus
$213.61 per haul plus
disposal fee, plus
disposal fee, plus
$160.63 per haul, plus
$213.61 per haul, plus
$21.25 disconnect fee
$21.25 disconnect fee
disposal fee
I disposal fee
if applicable)
if applicable)
8. Amendment to Section 11.01 of the Agreement. The table titled "Contractor Monthly Service Fee for
Cardboard Recycling Service" on page 31 of the Agreement which initially read as follows:
Contractor Monddy
Service Fee for Cardboard Recycling
Service
10 cubic yards 20 cubic
yards 30 cubic yards
$160.63 per haul
40 cubic yards
$161.44 per haul $161.44 per
haul $214.69 per haul
$214.69 per haul
is hereby amended to incorporate the adjustments permitted under section 11.03 effective July 1, 2020 and restated
in its entirety to read as follows:
Contractor Monthly Service Fee for Cardboard Recycling Service
10 cubic yards
20 cubic yards
30 cubic yards
40 cubic yards
$160.63 per haul
$160.63 per haul
$213.61 per haul
$213.61 per haul
9. Amendment to section 11.03(b) Annual Adjustment. Section 11.03(b) "Annual Adjustment" on page 32-33 is
amended to make provision for the disposal rate adjustment based upon any actual changes in rates adopted by the Assembly
in conjunction with the budget process. As revised this section will read as follows (added language underlined):
b. Annual Adjustment. On July 1, 2020, and each following July 1, the Contractor Service Fee will be
adjusted so as to make it equal to the Contractor Service Fee that is in effect during the prior Contract Year
(or portion of that Contract Year), plus or minus the Weighted Adjustment Percentage times that Contractor
Service Fee.
Between April 1 and April 30 of each Contract Year, Contractor will prepare a statement setting forth
Contractor's detailed calculation of Contractor's requested annual adjustment in Contractor Service Fee
in the form of the following examples or other format prescribed by KIB (see, for example, subsection
h). The calculation of the disposal component shall be made based upon the estimated change in the
disposal cost proposed as provided by the Borough Manager or designee. Contractor's statement is for
convenience of KIB but is not binding on KIB. KIB may make corrections or adjustments to that
statement. After final Assembly approval of any change in disposal rates the disposal component
adjustment shall be modified accordingly. The method used to calculate the annual service fee adjustment
is set forth in the following subsection c.
Contract No. FY2019-25B, Amendment # 2, With Waste Connections of Alaska... Page 56 of 232
AGENDA ITEM #14.A.2.
3.19.2021 Version
10. Amendment to Section 11.03(c)(4) of the Agreement. Titled "Disposal Cost Component: Change in
Disposal Fee and Tonnage Per Customer" on page 33 of the Agreement is hereby amended and restated in its entirety to
read as follows:
(4) Disposal Cost Component: Change in Disposal Fee and Tonnage Per Customer. The disposal cost
identified by the Contractor for each level of service will be adjusted by 100% of the change, if any, in the
tonnage rate charged Contractor at KIB Landfill (compared to the rate in effect when the RFP was issued
in October 2018), and for the change, if any, in the ratio between tons disposed and the number of
customers served (compared to the ratio as calculated in October 2018).
11. Section 11.03(h)(3) showing the table for the example of adjustment of the disposal cost is corrected and
replaced with the following:
EXAMPLE ONLY
Row
2018 2019 2020 2021
Tonnage Rate Adjustment
1
Base Tonnage Rate ($/ton when
$362
proposal submitted
2
Tonnage Rate in next contract year
$398
$398
$398
Jul 1 - June 30
3
Percent increase (decrease) from
9.94%
9.94%
9.94%
contract start
Disposal Ton -per -Customer
Adjustment
4
Prior year tons, actual (January 1 -
g 588.19 8,766.58
8,843.25 8,972.45
December 31
5
Customer actuals (as of April l)
3,115 3,150
3,245 3,240
6
Ratio, tons / customer
2.757 2.783
2.725 2.769
7
Percent increase (decrease) from
0.94%
-1.16% 0.44%
contract start
Disposal Cost Component
Adjustment, effective July 1
8
(1 + Row 3) x (1 +Row 7) -1,
10.98%
8.67%
10.43%
rounded to hundredths
9
Disposal Cost Component
$14.83
$16.46
$17.89
1 $19.75
Note: Green cells are the contract start, which is used as the basis for calculations in all future years.
Yellow cells are data that would be input each year based on tonnage rate, customer accounts, and scale
house records.
"tons and customers refer to residential accounts + commercial dumpsters. The number of residential
customers refers to roll cart customers and self -haul customers. The number of commercial customers
refers to the number of dumpsters in service. It excludes commercial roll offs where customers are
billed for the actual cost of disposal. All numbers shown are examples (not actuals) and are shown for
illustrative purposes.
In this example, the disposal component of rates in initial proposal would be adjusted by 10.98% to
take effect on the contract start date. The initial proposal rates would be adjusted by 8.67% and would
take effect on July 1, 2020, and 10.43% on July 1, 2021.
Contract No. FY2019-25B, Amendment # 2, With Waste Connections of Alaska... Page 57 of 232
AGENDA ITEM #14.A.2.
3.19.2021 Version
12. Amendment to Section 23. Definitions, of the Agreement. Section 23: Definitions, is amended to include
the following:
"Cart' means a wheeled receptacle that can be emptied by either semi- or fully automated vehicles which
is used by a customer, including a cart used by a customer in a dwelling unit in a multi -family premises
which is not served by dumpster service.
"Self -Haul" a Customer who notifies the Contractor in writing that they intend to personally store, collect,
transport and dispose of Solid Waste generated on that person's Premises. These customers will be charged
by the Contractor a Service Fee commensurate with the weekly roll cart fee, based upon a maximum of 190
gallons of Solid Waste that the self -haul (commercial or residential) Customer discards at the Landfill or a
Roll Off Container.
13. Correction of Monthly Rental Charges for Containers and Lock Bars. Contractor agrees to
discontinue charging monthly rental for containers and lock bars. Contractor further agrees to apply credits to
accounts that were charged monthly rental for containers and locks bars between July 1, 2020 and the
Amendment Effective Date.
14. Correction of Clerical Error in Cost Component Table. The Parties hereby agree that the initial
Cost Component Tables from which adjustments under section 11.03 are calculated should read as follows:
Cost Components of Residential Monthly Rate
Collection and Administrative
$9.94
Fuel
$1.50
Fixed
$0.93
Disposal
$37.43
Profit
$.15
Total
$49.95
Cost Components of 3.6 c ,1x/weekl , Monthly Rate
Collection and Administrative
$146.85
Fuel
$15.11
Fixed
$6.81
Disposal
$332.02
Profit
$75.12
Total
$575.91
Cost Components of 20 yd, noncompacted Rolloff pull rate
— tip fee (disposal cost excluded as pass through charge
Collection and Administrative
$94.89
Fuel
$17.11
Fixed
$26.96
Profit
$22.48
Total
$161.44
Contract No. FY2019-2513, Amendment # 2, With Waste Connections of Alaska... Page 58 of 232
AGENDA ITEM #14.A.2.
3.19.2021 Version
15. Refunds. To the extent this amendment results in a refund to any customer the contractor shall
either credit the customer's account or refund any overpayment within thirty (30) days of signing.
16. Counterparts. This Amendment may be executed in one or more facsimile or original counterparts,
each of which shall be deemed an original and both of which together shall constitute one and the same
instrument.
17. Ratification. The parties acknowledge that this amendment addresses any errors which either party
has identified in the Agreement. All terms and provisions of the Agreement not amended hereby, either
expressly or by necessary implication, shall remain in full force and effect.
18. Conflicting Provisions. In the event of any conflict between the terms of the Agreement and this
Amendment, the terms of this Amendment shall prevail.
19. Authorization. Each Party executing this Amendment represents and warrants that it is duly
authorized to cause this Amendment to be executed and delivered.
[Signature Page Follows]
Contract No. FY2019-25B, Amendment # 2, With Waste Connections of Alaska... Page 59 of 232
AGENDA ITEM #14.A.2.
IN WITNESS WHEREOF, the Parties execute this Amendment as of the date first written above.
Contractor:
WASTE CONNECTIONS OF ALASKA, INC.
By:
Name:
lLr* irrt�.w.:�ti
Title:
Div,%.9-. v;L#-Peta:d+ti4-
Date:
3 z2(zcat
ATTEST:
By:
Name: $ iMino
Title: ;
Date: 3 a ZoZI
The Borough:
ATTEST:
By:
Name:
Title: bg - (1.AAAK-
Date: Ao
APPROVED S TO F'wt) �;V
By: Name: v
Title: l9a ✓ h aw r2
Date: 41^ IR - )G -)I
Contract No. FY2019-2513, Amendment # 2, With Waste Connections of Alaska... Page 60 of 232
AGENDA ITEM #14.A.2.
CONTRACT NO. FY2019-25
RESIDENTIAL AND COMMERCIAL
SOLID WASTE COLLECTION AND
RECYCLING SERVICES
BETWEEN
KODIAK ISLAND BOROUGH
AND
WASTE CONNECTIONS OF ALASKA, INC. dba ALASKA WASTE
MAY 20'19
Contract No. FY2019-25B, Amendment # 2, With Waste Connections of Alaska... Page 61 of 232
AGENDA ITEM #14.A.2.
Contract No. FY2019-25
TABLE OF CONTENTS
Contract No. FY2019-25B, Amendment # 2, With Waste Connections of Alaska... Page 62 of 232
RECITALS............................................................................................................................5
SECTION1 EXCLUSIVE CONTRACT................................................................................5
SECTION 2 REPRESENTATIONS AND WARRANTIES....................................................6
2.01 Contractors Representations and Warranties.........................................................6
2.02 Integration...............................................................................................................7
SECTION3 TERM OF CONTRACT.....................................................................................7
3.01 Initial Term...............................................................................................................7
3.02 Specific Provisions to Survive Term......................................................................8
3.03 Contractor's Obligations Upon Expiration or Termination........................................9
SECTION 4 TRANSITION PLANNING................................................................................7
4.01 Transition Plan.........................................................................................................9
SECTION 5 GENERAL SCOPE OF CONTRACTOR DUTIES..........................................10
5.01 Collection and Transfer of Refuse.........................................................................10
5.02 Customer Service...............................................................................................10
5.03 Fee Collection and Financial Reporting.................................................................
10
5.04 Colletion and Transfer of Recyclable Cardboard Material
....................................40
SECTION 6 SPECIFIC COLLECTION DUTIES.................................................................11
6.01 Mandatory Service................................................................................................11
6.02 Collection from Refuse Carts................................................................................11
6.03 Collection from Dumpsters, Roll -Off Containers, or Compactors.. ......................... 12
6.04 Bulky Items............................................................................................................14
6.05 Emergency Services.............................................................................................14
6.06 On -Call, Temporary Dumpster, and Roll -Off Collection Service ............................15
SECTION 7 DISPOSAL OF COLLECTED REFUSE.........................................................16
7.01 Transportation of Collected Refused to KIB Landfill..............................................16
SECTION 8 FUTURE RECYCLING PROGRAM SERVICE...............................................16
8.01 General.................................................................................................................16
8.02 Prospective Services.............................................................................................16
8.03 Methods................................................................................................................17
8.04 Equipment and Personnel.....................................................................................17
8.05 Final Disposition of Recyclable Materials..............................................................17
8.06 Documentation......................................................................................................17
B.07 Records and Reporting........................................................................................18
8.08 Recyclables Processing and Marketing.................................................................18
SECTION 9 GENERAL OBLIGATIONS AND PERFORMANCE
STANDARDS ...............1 B
9.01 Procedures for Missed Collections........................................................................18
9.02 Customer Complaints............................................................................................18
9.03 Unpermitted Waste Screening (or Recyclables if Applicable).- ........................... 19
9.04 Contract Service Exceptions................................................................................20
9.05 Other Special Customer Services........................................................................21
9.06 Contract Service Assets.......................................................................................21
9.07 Service Standards..............................................................................................23
9.08 Billing and Accounting Practices...........................................................................25
SECTION 10 RECORDKEEPING AND REPORTING.......................................................25
10.01 Acknowledgement.............................................................................................26
10.02 Records............................................................................................................26
Contract No. FY2019-25B, Amendment # 2, With Waste Connections of Alaska... Page 62 of 232
AGENDA ITEM #14.A.2.
Contract No. FY2019-25
10.03
Reporting..........................................................................................................27
10.04
Financial Records and Reports.........................................................................27
SECTION
11 CONTRACTOR SERVICE FEE AND SPECIAL SURCHARGES ................28
11.01
Contractor Service Fee Schedule.....................................................................28
11.02
Contractor's Costs Covered by Service Fee.....................................................31
11.03
Adjustment of Contractor Service Fee..............................................................60
SECTION
12 MISCELLANEOUS PERFORMANCE OBLIGATIONS................................37
12.01
Compliance With Applicable Laws....................................................................65
12.02
Contractor's Personnel......................................................................................67
12.03
Communication With KIB............................................... ....67
...............................
SECTION
13 INDEMNIFICATION, INSURANCE, LETTER OF CREDIT ..........................39
13.01
Indemnification..................................................................................................67
13.02
Required Insurance...........................................................................................68
13.03
Payment Security..............................................................................................45
13.04
Guaranty Agreement.......................................................................................443
13.05
Assurance of Performance..............................................................................45
SECTION
14 CHANGES IN SCOPE OF CONTRACT OBLIGATIONS .............................46
14.01
Changes to Performance Obligations.............................................................464
14.02
Proposal Requirements.....................................................................................46
SECTION
15 BREACH OF AGREEMENT, DAMAGES, AND DEFAULT .........................47
15.01
Liquidated Damages.........................................................................................47
15.02
Compensatory Damages..................................................................................48
15.03
Defaults.............................................................................................................49
15.04
Excused Breaches and Defauits.......................................................................49
15.05
Remedies Upon Breach....................................................................................80
15.06
Additional Compensatory Damages ................................................. ............82
15.07
Waivers...........................................................................:.................�...............83
15.08
Costs.................................................................................................................83
15.09
KIB Right To Perform........................................................................................84
SECTION
16 SUSPENSION OR TERMINATION OF CONTRACT...................................57
16.01
KIB's Right to Suspend or Terminate................................................................57
16.02
Criminal Activity...............................................................................................58
SECTION
17 TRANSFER OF CONTRACT.......................................................................59
17.01
Transfer by Contractor......................................................................................59
SECTION
18 THE PARTIES..............................................................................................61
18.01
Independent Contractor....................................................................................61
18.02
Parties in Interest..............................................................................................61
18.03
Binding on Successors.....................................................................................61
18.04
Further Assurances...........................................................................................61
18.05
Actions of KIB in Its Governmental Capacity.....................................................61
18.06
Contractor's Obligations Performed at Its Sole Expense...................................61
18.07
Parties' Representative.....................................................................................61
18.08
Due Diligence.................................................................................................90
18.09
No Use of KIB Name.. .......................................................................................
90
18.10
Subcontractors..................................................................................................90
SECTION
19 AMENDMENT ..............................................................................................63
19.01
Amendments.....................................................................................................63
SECTION
20 NOTICES, CONSENTS, AND APPROVALS...............................................64
20.01
Notices..............................................................................................................64
Contract No. FY2019-25B, Amendment # 2, With Waste Connections of Alaska... Page 63 of 232
AGENDA ITEM #14.A.2.
Contract No. FY2019-25
20.02 Writing Requirements........................................................................................64
20.03 Exercise of Options...........................................................................................64
SECTION 21 INTEGRATION, GOVERNING LAW, AND VENUE.....................................65
21.01 Integration .......................................... ...............................................................65
21.02 Governing Law..................................................................................................66
21.03 Severability .......................... .............................................................................66
21.04 New Contract ................................ ....................................................................66
21.05 Venue .............................................................67
21.06 Costs.................................................................................................................67
22 ADDITIONAL TERMS AND CONDITIONS .................................................
SECTION
SECTION23 DEFINITIONS...............................................................................................68
SECTION24 EXECUTION.........................................................................88
EXHIBIT A: REQUEST FOR PROPOSAL
EXHIBIT B: LIQUIDATED DAMAGES
EXHIBIT C: CONTRACTOR'S PROPOSAL DOCUMENTS
Contract No. FY2019-25B, Amendment # 2, With Waste Connections of Alaska... Page 64 of 232
AGENDA ITEM #14.A.2.
Contract No FY2019-25
CONTRACT FOR RESIDENTIAL AND COMMERCIAL SOLID
WASTE COLLECTION AND RECYCLING SERVICES
This Contract for Solid Waste Collection and Recycling Services ("Agreement") is made
and entered into this Nineteenth (19th) day of July, 2019 ("Effective Date") by and
between the Kodiak Island Borough ("Borough" or "KIB"), a second class borough
organized under and laws of the State of Alaska, and Waste Connections of Alaska, Inc.
dba Alaska Waste ("Contractor"), an Alaska corporation authorized to do business in the
State of Alaska, collectively referred to as the Parties.
WHEREAS, the Borough, pursuant to AS. 29.35.210(a)(4), is authorized to provide for
garbage, solid waste, and septic collection and disposal on a non-areawide basis; and,
WHEREAS, the Borough, pursuant to Chapter 8.25 of the Kodiak Island Borough Code,
regulates the management of municipal solid waste, including its storage, collection,
processing, recovery, and disposal; and,
WHEREAS, the Borough does so to protect the public safety, health and welfare of the
people of the Borough, to protect, preserve, and enhance the environment within the
Borough, and to provide for fiscally responsible solid waste management; and,
WHEREAS, the Contractor submitted a proposal to the Borough in response to an RFP
that was issued to identify parties qualified to administer the solid waste services and
recycling program; and,
WHEREAS, based upon the information and representations set forth in the Contractors
proposal, the Borough has determined that the Contractor is the lowest responsible bidder.
and,
WHEREAS, the Parties wish for Contractor to administer the Borough's solid waste and
recycling program, subject to the terms and conditions set forth in this Agreement; and,
NOW, THEREFORE, in consideration of the mutual promises, covenants, and
agreements contained herein, and the mutual benefits conferred hereunder, the receipt
and sufficiency of which are hereby acknowledged, the Borough and the Contractor agree
as follows:
SECTION 1: EXCLUSIVE CONTRACT
1.01 Exclusive Right and Privilege to Provide Contract Services. The KIB grants
Contractor the exclusive right and privilege, together with the obligation to provide,
Contract Service in the Contract Service Area conditioned on Contractor being at all times
ready, willing, and able to meet each and every Performance Obligation.
Contract No. FY2019-25B, Amendment # 2, With Waste Connections of Alaska... Page 65 of 232
AGENDA ITEM #14.A.2.
Contract No F i i
SECTION 2: REPRESENTATIONS AND WARRANTIES
2.01 Contractor's Representations and Warranties.
a. Status. Contractor is a corporation duly organized, validly existing and in
good standing under the laws of the State of Alaska and is in all respects
qualified to do business and perform the Contract Services within the State.
b. Authority and Authorization. Contractor has full legal right, power and
authority to execute and deliver this Contract and satisfy its Performance
Obligations. This Contract has been duly signed and delivered by Contractor
and constitutes a legal, valid and binding obligation of Contractor enforceable
against Contractor in accordance with itsterms.
;. No Conflicts. Neither the execution nor delivery by Contractor of this
Contract, the performance by Contractor of its Performance Obligations, nor the
fulfillment by Contractor of the terms and conditions of this Contract:
(1) Conflicts with, violates or results in breach of any Applicable Law;
(2) Conflicts with, violates or results in a breach of any term or conditions of
any judgment, order or decree of any Regulatory Authority or any
agreement or instrument to which Contractor or any of its Affiliates is a
party or by which Contractor or any of its Affiliates' properties or assets
are bound, or constitutes a default thereunder; or
(3) Will result in the creation or imposition of any lien, charge or
encumbrance of any nature whatsoever upon any of the properties or
assets of Contractor.
d. No Approvals Required. No approval, authorization, license, permit, order,
consent, declaration, registration or filing with any governmental or
administrative authority, commission, Governing Body, agency or instrumentality
is required for the valid execution and delivery of this Contract by
Contractor, except those that have been duly obtained from its Board of
Directors or other governing body.
e. No Litigation. Contractor warrants that there is no current, pending, or, to
the best of Contractor's knowledge, threatened action, suit, proceeding or
investigation, either at law or in equity, before or by any court, governmental
authority, commission, governing body, agency or instrumentality, by or
against Contractor wherein an unfavorable decision, ruling or finding, in any
single case or in the aggregate, would adversely affect the performance by
Contractor of its obligations under this Contract or in connection with the
transactions contemplated by this Contract, or which in any way would
adversely affect the validity or enforceability of this Contract or any other
A
Contract No. FY2019-25B, Amendment # 2, With Waste Connections of Alaska... Page 66 of 232
AGENDA ITEM #14.A.2.
Contract No. FY2019-25
agreement or instrument entered into by Contractor in connection with the
transactions contemplated by this Contract.
Contractor further warrants that there is no action, suit, proceeding or
investigation, either at law or in equity, before or by any court, governmental
authority, commission, board, agency or 'instrumentality pending or threatened,
by or against KIB by Contractor.
f. Due Diligence. Contractor warrants that it has conducted such independent
investigation, examination and research of the conditions and circumstances
surrounding this Contract, including the best and proper methods of providing
the Contract Services (including the types of Contract Services), labor,
equipment and materials to ensure its ability to provide the Contract Services
according to the terms and conditions set forth herein. Contractor agrees that it
will make no claim against KIB based on any good faith estimates, statements
or interpretations made by any officer, employee or agent of KIB that proves
to be in any respect erroneous.
g. Compliance with Applicable Laws. Contractor further represents and
warrants that it has fully complied with all Applicable Laws, including without
limitation any and all laws relating to conflicts of interest, in the course of
procuring this Contract.
h. Truth and Accuracy of Application. Contractor warrants that the information
provided in the proposal it submitted in response to KIB' s Request for
Proposals for this Contract, together with any addenda thereto, including all
amendments, clarifications, and other communications furnished to KIB as
part of that proposal, is true, accurate and complete.
I. Updates to Contractor Documentation. Contractor agrees to promptly
notify KIB of any change in circumstance that renders untrue any
information represented to KIB as part of the competitive procurement process
giving rise to the award of this Contract, and shall also do so in the event that
it discovers that any representation to KIB was otherwise erroneous.
2.02 Integration.
This instrument, as well as all appendices and amendments, set forth the entire
agreement of the parties. There exist no other promises, terms, conditions, or
obligations other than those contained herein, and this Contract shall supersede
all previous communications, representations or agreements, either oral or written,
between the parties hereto.
SECTION 3: TERM OF CONTRACT
3.01 Initial Term.
a. Contract Commencement Date and expiration of Term. The Contract Term
7
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AGENDA ITEM #14.A.2.
Contract No. FY2019-25
shall commence on July 1, 2020 ("Commencement Date") and, unless
extended, shall expire in 7 years on June 30, 2027 ("Termination Date").
b. Collection Commencement Date. The Collection Commencement Date is
July 1, 2020.
c. Short-term extension. On or before 30 days prior to the expiration of the Term
whether original under subsection a) or extended under subsection d), KIB, in its
sole discretion, may extend the Term for up to six months.
d. Mutual Option to Extend Term. On or before 60 days prior to the following
dates:
(1) expiration of the Initial Term under subsection a),
(2) the extended Term under subsection b), or
(3) a portion of the maximum allowable extended Term under this subsection,
with KIB and Contractor's mutual agreement, may incrementally extend the
Term for up to 3 years in any combination of the following number of years
(such as 1 +2, 1+1+1; 2+1).
3.02 Specific Provisions to Survive Term.
The following provisions of this Contract will survive the Term:
a. all acknowledgements, representations and warranties of the Parties in this
Contract;
b. all Indemnities;
c. Contractor Payment Obligations or claims therefore;
d. all Contractor's Performance Obligations and KIB's rights with respect to
Records, including giving KIS a copy of Records, or allowing KIB to copy,
inspect and audit Records, including:
• certificates of Insurance or other evidence of Insurance coverage (such
as endorsements extending coverage of claims made insurance
policies), and
• Contract Service Asset Inventory and Contract Service Asset
Documentation (for example, with respect to Refuse Carts that KIB has
the right to acquire).
e. all Contractor's Performance Obligations and KIB's rights with respect to
Reports; including submitting final Reports;
8
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AGENDA ITEM #14.A.2.
Contract No. FY20f9-25
f. providing endorsements extending coverage of claims made insurance
policies, if IB waives the claims made requirement and allows claims made
insurance policies;
g. any other provision that expressly states that it survives the Termination Date
(such transfer of Cart ownership to KIB); and
h. any right of either Party vested and any obligation of either Parties accrued
before the Termination Date.
3.03 Obligations Upon Termination or Expiration.
a. Sale or Lease of Contract Service Assets. Upon termination or expiration of
this Agreement, Contractor may within 10 days enter into good faith negotiations
to permit KIB or its newly selected contract hauler to purchase or lease those
Contract Service Assets, including Refuse Containers, used and owned by
Contractor within the Service Area. As part of any such purchase or lease
agreement, Contractor shall deliver any and all Contract Service Asset
Documents, including, but not limited to: manufacturers warranties, maintenance
agreements, financing documents, and recorded financing statements, if any.
b. Contractor Removal of Refuse Containers. If the Contract Service Assets
are not sold or leased to KIB upon termination of this Agreement, Contractor
shall remove all its Refuse Containers from the Service Area within 90 days
c. Survival of Obligations. Contractor's obligations under this Section shall
survive the termination or expiration of this Agreement, or any extension thereto.
SECTION 4: TRANSITION PLANNING
4.01 Transition Plan.
a. Contractor's Acknowledgement. Contractor acknowledges that it is of the
utmost importance to KIB that the transition from KIB's current solid waste
services provider to the Contractor proceeds smoothly, and without any
significant interruption in services. To ensure the continued satisfaction of
Customers, it shall, submit their transition plan along with their proposal. To be
reviewed and taken into consideration when scoring is done.
(1) Timely Collection at each C ustomer's Premise;
(2) Accurate billing for Special Service Surcharges;
(3) Efficient distribution of Refuse Containers;
(4) That Customer preferences are taken into account with respect to any
modifications to pick up days or times, the scope of services, or program
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b. Contractor Transition Plan. The Contractor shall submit a Preliminary
Transition Plan for KIB' s approval at the time of the submission of their
proposal. The Final Transition Plan will be submitted for KIB's approval within
sixty (60) days of the Notice of Intent to Award which the Contractor shall be
able to implement in a manner satisfactory to KIB at the commencement of
the contract. The Transition Plan will provide details for responding to Customer
complaints and inquiries.
c. Compliance with Transition Plan. Contractor will fully implement its Transition
Plan, and shall do so in a timely manner. Contractor will direct employees to
work overtime and/or add extra shifts. as necessary, without any increase to
its Contractor Service Fee to ensure compliance with the Plan. Contractor
agrees that it will, on a weekly basis. submit to KIB written status reports in a
form and containing such information as is satisfactory to KIB, which shall
commence no later than the Friday of the week following the Contract
Commencement Date. On the first KIB Business Day each week. and promptly
upon KIB request thereafter. Contractor will meet with KIB to review the status
of its implementation of the Transition Plan.
SECTION 5: GENERAL SCOPE OF CONTRACTOR DUTIES
5.01 Collection and Transfer of Refuse. Subject to the conditions contained herein,
Contractor shall, among other things:
a. Provide Refuse Containers to Customers;
b. Provide Residential and Commercial Collection service;
c. Collect Municipal Solid Waste generated in the Service Area;
d. Deliver Municipal Solid Waste to the KIB Landfill.
5.02 Customer Service. Subject to the conditions contained herein, Contractor shall,
among other things:
a. Serve as the primary point of contact for Customers;
b. Resolve Customer complaints in a timely manner;
c. Report Customer complaints to KIB; and,
d. Perform its Collection and Transfer duties in a professional and courteous
manner.
5.03 Fee Collection and Financial Reporting. Subject to the conditions contained
herein, Contractor shall, among other things:
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a. On behalf of KIB, charge Customers a fee or fees in the amounts directed by
KIB;
b. Remit to KIB such portions of those fees as directed herein;
c. Maintain detailed financial records regarding the billing and collection of fees;
and,
d. Issue Reports to KIB in the manner and at the times directed herein.
5.04 Collection and Transfer of Recyclable Cardboard Material. Subject to the
conditions contained herein, Contractor shall, among other things:
a. Provide Cardboard Recycling Containers to Customers; and
lo. Deliver Cardboard Recycling Containers to the KIB designated recycling
facility for processing.
SECTION 6: SPECIFIC COLLECTION DUTIES
6.01 Mandatory Service.
a. Contractor acknowledges that Contractor is required to charge the owner or
occupant of a Premises a Service Fee, regardless of whether that owner or
occupant self -hauls Solid Waste and discards it in the Dumpster and Roll
Off Container at KIB landfill or utilizes Services at Customer's Premises.
b. If anyone notifies Contractor in writing that he or she wishes to personally
store, collect, transport and dispose of Solid Waste generated on that person's
Premises, (referred to as "self -haul"), Contractor may nevertheless charge
that person a Contractor Service Fee commensurate with the gallon
equivalent (32, 64 or 96 gallons) of Solid Waste that the self -haul Customer
discards at the Dumpster or Roll Off Container located at KIB Landfill, as
estimated by a KIB employee.
c. Mandatory Service Notice. Within seven (7) Service Days after receiving notice
(based on Contractor's drivers' observations, information and belief, or
otherwise) that a formerly unoccupied Premise becomes occupied, or that
the individuals occupying the Premises have changed, Contractor will give
written notice to the owner or occupant of that Premises that Service is
required unless Contractor has already received a request for Service at that
Premise, or KIB revokes such provisions of the KIB Code that require
mandatory Service.
6.02 Collection From Refuse Carts.
a. Automated or Semi Automated Collection. Contractor will Collect all
Refuse Carts using an Automated or Semi -Automated manner. "Automated"
means that Refuse Carts are lifted from their Set -Out Site, emptied and set
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back down at their Set -Out Site by mechanical means. "Semi -Automated "
means that Refuse Carts are rolled by Contractor's employees from their
Set -Out Sites into position near the Collection Vehicle; lifted, emptied and
set back down by mechanical means; and returned by such employees to
their Set -Out Sites.
b. Mandatory Collection from Refuse Carts. Beginning on the Collection
Commencement Date, and on a weekly basis thereafter, Contractor shall
collect all Refuse placed in Carts located at Residential, Multi -family and
Commercial Premises within the City of Kodiak, or such other areas as may
be designated by KIB in a Notice to Contractor, on the Regularly Scheduled
Collection Day.
c. Refuse Cart Options.
(1) Standard Option. unless Contractor must provide Roll Off Containers
pursuant to Section 6.02, it shall provide each Premises with one 95 -
gallon capacity Bear -Resistant Refuse Cart for the charge listed
on the Service Fee Schedule in Section 11.01, except if the owner or
occupant of that Premises directs Contractor to provide a different
number of Carts under following Subsection c.(2).
(i) If a Premise falls within a Borough -designated "Bear Aware" area,
it shall without exception be excluded from receiving a roll cart.
(2) Customer Reg nests for Additional Refuse Carts. Contractor will provide
Customers with Bear -Resistant Refuse Carts. Additional carts shall be
provided upon request, with each additional cart priced at the
corresponding Service Fee.
d. Cart Rollout Service.
(1) Scope of Service. Upon request, Contractor will provide Rollout Service
to Customers, as follows:
(i) Without Surcharge. Rollout service shall be provided to Senior
Citizens and Disabled Customers without surcharge, if the Customer
certifies that no able-bodied person resides at Customer's premise.
(ii) With Surcharge. If requested, rollout service shall be provided to
all other Customers, who shall be charged the surcharge set forth
on the Contractor Service Fee Schedule.
6.03 Collection From Dumpsters, Roll -Off Containers, or Compactors.
a. Residential, Commercial, or Multi -Family Collection. Generally beginning on
the Collection Commencement Date, Contractor will provide all Multi -Family
and Commercial Customers within the Service Area with either Residential
Roll -Off Containers or Dumpsters, for which Customers shall be charged in
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accordance with the Contractor Service Fee Schedule in Section 11.01.
Residential Customers whose Premises are located within the portion of the
Service Area outside the City of Kodiak shall also be provided with a
Residential Roll -Off Container or Dumpster. Contractor will collect Refuse
discarded therein at least weekly, on the Regularly Scheduled Collection
Day(s) or on alternate or additional days as agreed to between Contractor and
the Customer.
b. Dumpster Options.
(1) Standard Option. Contractor will provide each Commercial Premise and Multi -
Family Premise with one 2.0 cubic yard capacity dumpster to be Collected
once weekly for the charge listed on the Service Fee Schedule in Section
11.01, subject to the following exceptions:
(ii) If a Premise falls within a Borough -designated 'Bear Aware" area, it
shall without exception receive a bear -resistant Dumpster.
(iii) A Customer may direct Contractor to provide a Dumpster of alternate
capacity, or one or more Refuse Carts or Roll -Off Containers, subject
to the charges prescribed by the Contractor Service Fee Schedule. A
Customer may also direct Contractor to, notwithstanding any Regularly
Scheduled Collection Day(s), collect refuse from the Customer's
Premises on alternate or additional days as agreed to between the
Contractor and Customer, and subject to the Contractor Service Fee
Schedule.
(iv) Should the Contractor, in its sole discretion, determine that there is
insufficient room at a premise to place or safely collect one or more
dumpsters for each customer using the corresponding set- out site,
the Contractor will either:
A. Provide one or more carts of the capacity and number that each
Customer requires to safely and adequately store its discarded
Refuse pending Collection; or.
B. Allow one or more Customers to share a Dumpster.
(2) Dumpster Locks. Should a Customer so request, Contractor shall
promptly provide dumpster Locks, which shall be subject to any surcharge
set forth on the Contractor Service Fee Schedule.
b. Compactors. Contractor is not obligated to provide a Compactor to any
Customer. However, on request of the owner or occupant of a Commercial
or Multi -family Premise, Contactor will Collect all Refuse placed inside each
Compactor at the frequency requested by that Customer and for the charge
listed on the Service Fee Schedule in Section 11.01.
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c. Roll -Off Container at KIB Landfill. Beginning on the Commencement Date,
Contractor will deliver a Dumpster or Roll Off Container in any capacity provided
on the Service Fee Schedule in Section 11.01, as requested by KIB, to the
location specified by KIB at the KIB Landfill. Contractor will replace that
Dumpster or Roll -off Container with another Dumpster or Roll Off Container
of any other capacity provided on the Service Fee Schedule, within two (2)
Service Days of KIB' s request. Contractor will provide KIB with the Service
prescribed in Section 6.03(a) (including container repair and maintenance),
as if KIS were a Customer. Beginning on the Collection Commencement
Date, Contractor will Collect all Solid Waste placed therein at the frequency
agreed to by KIB and the Contractor, and dispose of it at the KIB Landfill, without
charge to KIB.
d. Cardboard Recycling Containers. Beginning on the Commencement Date,
Contractor will deliver a specially fabricated Cardboard Recycling Container in
any capacity provided on the Service Fee Schedule in Section 11.01, at the
designated tocations specified by the KIB. Contractor will collect cardboard
recyclable material discarded therein at least weekly, on the Regularly
Scheduled Collection Day(s) or on altemate or additional days as agreed to
between Contractor and the KIB to ensure that each Cardboard Recydrxd Container is
MT * emptied when container is at rapacity.
6.04 Bulky Items.
a. Reporting Bulky items. Contractor's employees must promptly notify
Contractor of any Bulky Items that they observe discarded at a Dumpster Set -
Out Site.
b. On -Call Collection Service and Fees. Contractor must, within three (3)
days of a Customer's request, collect Bulky Items with maximum
allowable dimensions of 4 x 5 x 6 cubic feet that are discarded at a
Set -Out Site. Customers shall be entitled to one such pickup each month;
however, Contractor shall charge Customers the surcharge listed on the
Contractor Service l=ee Schedule in Section 11.01 for each additional
pickup of Bulky Items that occurs within the same calendar month.
c. Diversion Program for Bulky Items. Contractor will use reasonable
business efforts to divert all bulky Items that it collects. Contractor shall deliver
all bulky Items that it does not divert to a facility approved by KIB.
6.05 Emergency Services.
a. Nature of Emergency Services. Within 24 hours of notice by KIB, whether
oral or written, Contractor will provide emergency services beyond the scope
of the Contract Services at the times and to the extent directed by KIB,
including providing vehicles, drivers and other equipment and personnel to
cleanup Solid Waste and other debris consequent upon natural disasters
such as earthquakes, storms, floods, riots and civil disturbances, for which
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Contractor will be compensated Contractor's reasonable Reimbursement
Costs. To the fullest extent possible, Contractor shall seek KIB's preapproval
prior to incurring any expenses related to the provision of emergency services.
b. Reporting. Contractor will cooperate with KIB, the State, and federal officials in
filing information related to a regional, state or federal declared state of
emergency or disaster as to which Contractor has provided services under
this Chapter.
c. Emergency Backup Service Plan. Contractor will submit an emergency
backup service plan to KIB sixty (60) days prior to the Contract
Commencement Date, which shall be subject to KIB's approval. Contractor
shall implement that plan if, due to Uncontrollable Circumstances or for any
reason whatsoever, Contractor fails, refuses, or is unable for a period of 48
hours to collect and/or at any time transport Solid Waste or any portion
thereof to the applicable Solid Waste Management Facility, and the KIB
Manager determines such failure reasonably presents a danger to the public
health, safety, orwelfare.
6.06 On -Call Temporary Dumpster and Roll -Off Collection Service.
a. Container Delivery. Upon request, Contractor will deliver a Dumpster or Roll -
Off Container, in any number and size available pursuant to the Contractor
Service Fee Schedule, at the following times:
(1) On the same Service Day if Contractor receives a request before 10 a.m.
on that Service Day;
(2) On the next Service Day if Contractor receives a request after 10 a.m. but
before 4:00 p.m. on a Service Day; and,
(3) Within two Service Days, if Contractor receives a request after 4:00 p.m.
on a Service Day.
b. Collection. Beginning on the Collection Commencement Date, Contractor will
collect all Refuse and/or Construction and Demolition (C&D) Debris deposited
in a Dumpster or Roll -Off Container at the frequency requested by the
Customer for the corresponding charges listed on the Contractor Service Fee
Schedule in Section 11.01.
c. Diversion of Construction and Demolition Debris to KIB Landfill. The
Contractor shall use Reasonable Business Efforts to Divert Construction and
Demolition Debris from disposal. If Contractor cannot divert Construction and
Demolition Debris from disposal using Reasonable Business Efforts, it will
deliver it to KIB Landfill, subject to the same obligations that Contractor has with
respect to Refuse under Section 7.
d. Container Pickup. Contractor will pick up such Dumpster or Roll Off Container
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within two (2) Service Days of a Customer's request or other time agreed
to between Contractor and Customer.
SECTION 7: DISPOSAL OF COLLECTED REFUSE
7.01 Transportation of Collected Refuse to KIB Landfill.
a. KIB Landfill. Contractor will transport and deliver all Refuse that it Collects to
the KIB Landfill. Contractor will coordinate that delivery with Holiday
Collection schedules and closures for repair and maintenance. Contractor
will keep Refuse that it Collects at Residential Premises, whether in Carts,
Dumpsters, or Roll -Offs, separate from Refuse that it Collects at Commercial or
Multi -Family Premises and will not commingle that Refuse in one Vehicle.
b. Compliance and Cooperation. Contractor will ensure that its Vehicles are
capable of passing in and out of the door of the baler building at the KIB
Landfill. Contractor will cooperate with KIB Landfill operators, and shall comply
with all rules in effect at the KIB Landfill, including, but not limited to:
(1) Delivering Refuse only at the times and on those days specified by KIB;
(2) Following directions to unload Collection Vehicles in designated areas;
(3) Accommodating KIB Landfill operations and maintenance activities; and,
(4) Complying with KIB's Unpermitted Waste exclusion programs.
c. Disposal Fees. Contractor will pay all KIB Landfill Disposal fees, including
the fees for Disposal of Refuse that Contractor Collects from Rall -Off
Containers and Dumpsters located at the KIB landfill.
SECTION 8: FUTURE RECYCLING SERVICES PROGRAM
8.01 General. Contractor acknowledges that, subject to the protocols set forth at
Section 14 of this Agreement, KIB may also require Contractor to implement a
Recycling collection program. In that event, KIB will request that Contractor submit
a proposal to implement such Recycling collection program, which it shall review
and consider prior to requesting proposals from, or negotiating with, any other
Person for the provision of these services. However, if KIB and Contractor do not
reach agreement by the end of the period specified in Section 14, KIB shall be
entitled to take any such other actions as may be permissible pursuant to the terms
of this Agreement.
8.02 Prospective Services. If KIB selects Contractor to provide Recycling services,
Contractor shall supply all labor, equipment, personnel, quarterly reports, and
payment invoices in a timely manner as outlined in this Agreement. The
Contractor shall agree to perform all services necessary for the processing and
shipment of recyclable materials that it collects within the City of Kodiak and
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KIB. Contractor will collect and process cardboard, mixed paper/paperboard,
newspaper, plastic, aluminum cans and office paper. Recyclable material does
not include large metal items such as vehicles, parts of vehicles, appliances or
home construction type of siding. Contractor will implement the processing
methods and Recyclables collection as described in its Proposal and the final
addendum and cover all costs associated with Contractor's collection and handling
of Recyclables.
8.03 Methods. Contractor will adhere to the collection plan and processing methods
based upon its Proposal and any addenda thereto.
8.04 Equipment and Personnel. The Contractor has identified, in its Proposal and
any addenda thereto, the equipment to be used in the collection and processing
of Recyclables. This identification shall include the minimum following information:
a. Equipmenttype;
b. Equipment quantities; and,
c. Availability of backup equipment.
The Contractor has also identified in its Proposal the number of personnel
necessary to meet the requirements of this Agreement. Personnel listed shall
include management, supervisory, customer service, equipment operators,
collection personnel, etc. Any changes to management personnel shall be
promptly communicated to KIB.
8.05 Final Disposition of Recyclable Materials. It shall be the responsibility of the
Contractor to ensure that collected material is processed and recycled. To this end
the Contractor shall document the final disposition of the collected material as part
of its quarterly reporting requirement.
8.06 Documentation. Contractor shall maintain throughout the duration of the
Agreement, and for two (2) additional years, documentation on all of the
Contract Services provided. Contractor shall maintain records to substantiate all
work performed and fees requested. Such records shall include, but not be limited
to, daily records on the pounds of processed recyclables, shipment records, and
recyclable pick up locations. KIB may request that copies or portions of this
documentation be included with Contractor's monthly requests for payment.
8.07 Records and Reporting.
a. Records. Contractor will collect and record, on a daily basis, tonnage
information, including the gross, tare, and net weight of each load of
Recyclables it collects, as well as the receipts from the Recyclables
processing facilities, in such a manner that Contractor and KIB may review
the amount of Recyclables collected and delivered by Contractor on any given
day.
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b. Reports. Contractor will include a summary of the records for tonnage, and
any additional information requested by KIB in its Quarterly Report, as
described in the KIB Residential and Commercial Solid Waste Collection and
Recycling Services RFP and Contractor's Proposal.
c. Inventory. Contractor will submit an updated inventory of Service Assets to KIB
on July i of each year during the Contract Term, which shall include the
following:
(1) A general description of its maintenance yards, operations facilities, drop
off locations, Contractor Office, and any other administrative and customer
service offices; and,
(2) A list of Vehicles described by type, including manufacture and model
number for cab, chassis and body; descriptive notation (i.e. front-end
loader, compactor, etc.); number; DMV license number; the age of the
chassis and body; type of body (i.e., open -top, closed, etc.); type of fuel
used; the date of acquisition; the maintenance and rebuild status; and,
lease or installment purchase information.
8.08 Recyclables Processing and Marketing. Contractor may change its selection of
Recyclables Processing Facility and notify KIB within 30 days of doing so. If the
Recyclables Processing Facility is wholly or partially inoperable for any reason,
including uncontrollable circumstances, Contractor will make other arrangements
to process Recyclables or to transport the Recyclables to the Recyclables
Processing Facility without increase of the Contractor compensation despite any
consequent additional costs to Contractor.
SECTION 9: GENERAL OBLIGATIONS AND PERFORMANCE STANDARDS
9.01 Procedures for Missed Collections.
a. Corrective Action Required. Absent Contract Service Exceptions, on the
next Contract Service Day following telephonic or other notice to Contractor,
Contractor will Collect without charge any container that Contractor should
have Collected, delivered, exchanged, or repaired but did not. If Contractor
fails to do so, KIB may provide the Contract Service itself or through a third
party and Contractor will reimburse KIB's Reimbursement Costs thereof.
9.02 Customer Complaints.
a. Response. Contractor will respond to all Customer inquiries and complaints
(including any inquiry or complaint left with the telephone answering service)
within 24 hours following notice to Contractor, and handle all complaints
consistent with the requirements of the Customer Complaint Protocol set forth
in this Section.
b. Customer Complaint Protocol. Contractor will maintain, update as
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necessary, and follow the Customer Complaint Protocol. Upon
commencement of this Agreement and in advance of all updates, Contractor
will provide KIB with a copy of the Customer Complaint Protocol for its
approval, which shall not be unreasonably withheld.
c. Referral to KIB. Contractor will not refer or forward any Customer to KIB for
resolution of complaints or answers to inquiries unless Contractor has made
all reasonable efforts to resolve the matter, has failed to reach resolution, and
the Customer insists. In such event, Contractor shall refer the Customer to
the individual specified as the KIB Representative.
d. Employee Training. Contractor will train each of its Customer service
employees to follow the Customer Complaint Protocol upon starting
employment, and periodically thereafter.
e. Record keeping and KIB Access to Records. Contractor will maintain a
written record of every inquiry and complaint that it receives related to its
provision of the Contract Services, including information required by KIB,
and provide KIB with a copy of any such inquiries and complaints that
occurred in a month by the 15th day of the subsequent month. Contractor
will allow KIB access to complaint records at Contractor's Office during
Contractor Office Hours. Contractor will provide copies of any Customer
complaints and the resolution of those complaints, and other related
Records, to KIB within two hours of KIB's request.
f. Certain Customer complaints may be directly related to, or require direct input
from, the KIB, and Contractor should not be penalized or incur costs for such
matters.
KIB's invoice for KIB's Reimbursement Costs shall indicate the following
(1) the name and address of the Customer;
(2) nature of complaint or inquiry;
(3) amount of time spent by KIB employee or representative;
(4) hourly fees for KIB employees or representatives; and,
(5) cost of materials or other disbursements, including phone and postage
costs, required to resolve the complaint or answer the question.
9.03 Unpermitted Waste Screening (or Recyclables if Applicable).
a. Protocol. Contractor will develop and implement an Unpermitted Waste (or
recyclables if applicable) Screening Protocol in compliance with Applicable
Law, which shall be submitted to KIB 60 days prior to the Commencement
Date. Any amendments to Contractor's Unpermitted Waste Screening
Protocol shall be subject to approval by KIB priorto implementation.
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b. Inadvertent Delivery of Unpermitted Waste to KIB Landfill. If Contractor
inadvertently delivers Unpermitted Waste (or recyclables if applicable) to a Solid
Waste Management Facility, Contractor will use its best efforts to identify the
Customer that discarded the Unpermitted Waste (or recyclables if applicable)
and cooperate with the Solid Waste Management Facility in any related
investigations. Contractor will contact any identified Customer and provide that
Customer with information on safe disposal of Unpermitted Waste (or recyclables
if applicable).
9.04 Contract Service Exceptions.
a. Collection Exception. Contractor shall not be obligated to Collect any
Solid Waste in the event of any Contract Service Exception, as defined in
Section 23 of thisAgreement.
b. Notice of Non -Collection. If Contractor does not Collect any Solid Waste
(or recyclables if applicable) due to a Contract Service Exception, Contractor
must complete and leave a Non- Collection Notice securely attached to a
container at or near the Set -Out Site; however, in the event that unsafe
conditions do not permit Contractor to do so, it will instead use best efforts
to immediately notify the Customer of the unsafe condition, including
leaving a Non -Collection Notice on the door of the Premise, tt safe to do so, or
telephoning the Customer.
(1) A Non -Collection Notice with respect to Solid Waste (or recyclables if
applicable) that is not properly placed inside containers must contain the
following information:
(1) A reminder that the Customer must place Solid Waste (or recyclables
if applicable), except for Bulky Items, in a closed container;
(ii) A notice that Contractor is authorized to charge the Customer the
surcharge listed on the Service Fee Schedule in Section 11.01
each time the Customer sets out a container that is filled above the
container rim such that it will not fully close;
(iii) A notice that Contractor is authorized to charge the Customer the
surcharge listed on the Service Fee Schedule each time the
Customer sets out a container containing household waste that has
not been placed within a bag; and,
(iv) Instructions on how the Customer can acquire additional Refuse (or
recycling if applicable) Containers from Contractor, including any
additional surcharges, or request on-call Collection of Bulky Items.
(2) A Non -Collection Notice with respect to Unpermitted Waste (or
recyclables if applicable), such as hazardous waste, (items not able to
be recycled within the program if applicable), or unsafe materials,
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must describe where Customer can dispose of the Unpermitted Waste
(or recyclables if applicable) or those materials, such as at the KIB
Landfill or some other location as designated by KIB.
(3) Promptly upon KIB request, Contractor will inform KIB of each Customer
to which Contractor gave a Non -Collection Notice.
9.05 Other Special Customer Services. Upon Customer request, Contractor may
provide special services in addition to any prescribed Contract Services following
approval by KIB based on the following information:
a. A description of services, including their proposed scope; and,
b. Any additional surcharge to be charged for such service.
9.06 Contract Service Assets.
a. Contractor Operations and Maintenance Facilities.
(1) Location. Prior to the Contract Commencement Date, Contractor will
secure possession and use of such operations and maintenance facilities,
including a local Contractor Office, which shall be located on publicly
maintained roads within the Borough. Contractor's Office shall be located in
the KIB or City of Kodiak at the address provided in Contractor
Documentation. If Contractor sites its operations and maintenance facilities
in the KIB or City of Kodiak, it will do so in accordance with applicable
laws, including zoning laws, with ample ingress and egress for vehicles.
Contractor will maintain its facility in a neat, clean and presentable
manner, including regular sweeping of related grounds for litter.
(2) KIB Access. KIB and its designees shall be permitted to enter
Contractor's operations and maintenance facilities or Contractor Office
during Contractor Office Hours upon two (2) hours prior notice, and shall be
permitted to investigate, observe, inspect and review Contractor's
operations and Contract Service Assets. Contractor will make available a
management representative or other authorized person to escort each KIB
representative through facilities. This right does not limit KIB' s right to
inspect Contractor's Vehicles.
b. Refuse Containers.
(1) Refuse Carts and Dumasters. Contractor will maintain at all times a
sufficient number of containers to execute its obligations under this
Agreement. All containers shall be on hand and ready for service no later
than the date provided in Contractor Transition Plan, and shall ensure that
all Carts and Dumpsters conform with the specifications described in
Contractor Documentation, as approved by KIB, including Bear Carts. In
addition, Contractor shall label carts with use instructions approved by the
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KIB for any new cart user. Basic operating instructions will be hot stamped
onto carts. Contractor provides no express warranty of duration for the roll
carts, and Contractor's only obligation with regards thereto shall be to
provide and maintain such roll carts in accordance with the contract.
(2) Roll -Off Containers. Contractor will provide Rall -Off Containers no later
than the date provided in the Contractor Transition Plan. Contractor may
provide Roll -Off Containers that are not new if, in the sole judgment of the
KIB Representative, they are in good repair and appearance.
(3) Replacement Containers. Contractor will provide additional and
replacement containers (other than Compactors) as necessary to ensure
that Customer always has a container.
(4) Inventory. Contractor will prepare a preliminary inventory of Refuse Carts
and Dumpsters that Contractor will acquire or supply as required by the
Transition Plan as Contractor Documentation. In its next Monthly Report
following delivery of any Cart as required by the Transition Plan, Contractor
will complete and finalize the inventory. In each Annual Report following
completion of the Transition Plan, or within ten (1D) business days upon
request by KIB, Contractor will update the inventory to reflect acquisition or
replacement of Refuse Carts and Dumpsters, accompanied by a
representation and warranty signed by Contractor that all Refuse Carts
and Dumpsters meet specifications.
(5) Changes in Service Repair and Replacement. Contractor will exchange,
remove and/or deliver containers at the time directed by KIB, and
compensated by surcharges, if any, listed on the Contractor Service Fee
Table, including forthefollowing:
(i) Changes in Service;
(ii) Repair of Damaged Containers; and,
(iii) Replacement of damaged or stolen Containers.
(6) Locks. Within one week of Customer direction, Contractor will provide
locks on a Dumpster for the surcharges listed on the Contractor Service
Fee Schedule.
(7) Required Labeling for Roll Carts. Contractor will label Roll Carts with
message and use instructions approved by the KIB for any new Cart
user. Basic operating instructions will be hot stamped onto carts.
Contractor provides no express warranty of duration for the roll carts, and
Contractor's only obligation with regards thereto shall be to provide and
maintain such roll carts in accordance with the contract.
c. Use and Possession of Contract Service Assets. Contractor will either own
each Contract Service Asset or ensure that any lease, financing documentation,
rents or purchases by installment or conditional sale agreement with respect to
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each Contract Service Asset allows KIB's acquisition or purchase of Contract
Service Assets, pursuant to Section 3.03 of this Agreement. Contactor will
provide a copy of the Contract Service Asset Document upon KIB's request.
Any Contract Service Asset Document shall:
(1) Permit the Guarantor to assume Contractor's obligations and to continue
use of Contract Service Assets in performing Contract Services; and,
(2) Permit KIB or its designee to assume Contractor's obligations and to
continue use of Contract Service Assets in performing Contract Services.
9.07 Service Standards.
Contractor will provide Contract Services in accordance with the following
provisions:
a. Litter, Spills and Leaks.
(1) Litter. Contractor will ensure that each collection Vehicle carries a broom
and shovel at all times so as to ensure its ability to perform its obligations
with respect to material spills and liquid leaks, as provided in this section.
(2) Material Spills. Contractor will only transport collected waste and
recyclables in covered vehicles. Contractor will prevent materials from
escaping, dropping, spilling, blowing or scattering from Vehicles during
collection and transportation. Contractor will immediately remove any
materials that are dropped, blown, spilled, scattered, or tracked onto any
alley, street or public or private place, and dispose of such materials
consistent with the requirements set forth in this Agreement.
(3) Liquid Leaks. During collection and transportation, Contractor will also
prevent oil, hydraulic fluid, paint or other liquid from leaking out of Vehicles.
Contractor will ensure that each collection vehicle carries petroleum
absorbent materials. Contractor will immediately cover leaked fluids with
absorptive materials, remove those materials from the ground and apply a
cleaning agent to cleanse the soiled spot. Contractor will assure that no
hydraulic fluid or other liquid leaks from any Vehicle onto the pavement.
If leak does occur, Contractor will immediately clean it up.
b. Customer Privacy. Contractor will strictly observe and take such actions in
its provision of Contract Services as are reasonably necessary to preserve its
Customers' privacy rights. Contractor will not reveal information identifying
individual customers or the composition or contents of a Customers waste
stream to any person other than KIB, unless otherwise directed by means of a
valid court order, unless required to do so by some applicable legal duty, or
upon the valid authorization of the Customer. Further, Contractor will use
reasonable business efforts to keep that information confidential among its
own staff, consultants, representatives, agents, and any other persons acting on
Contractor's behalf.
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This provision will not be construed to preclude Contractor from preparing,
participating in, or assisting in the preparation of, waste characterization
studies or waste stream analyses that may be required by law. In addition,
Contractor will not market, sell, convey, or donate to any person any list with
the name or address of Customers. The rights accorded customers pursuant to
this section are in addition to any other privacy right accorded Customers
pursuant to applicable law. Contractor will use reasonable business efforts to
keep information with respect to Customers and customer service information,
including, but not limited to, accounts serviced, containers, special services,
recyclables inventory, sales of recyclables and contaminants, confidential
among staff and its consultants, if any, as permitted by applicable law.
c. Vehicles and Drivers.
(1) Leak -Proof Vehicles. Vehicles used in collection or transportation of
recyclables must have watertight beds of metal or impervious material
that can be cleaned.
(2) Vehicle Identification. Contractor will ensure that its name and telephone
number are clearly shown on each Vehicle, so as to indicate that it is
owned and operated by Contractor.
d. Pavement and Utilities. Contractor is responsible for damage to pavement
and driving surfaces if collection sites are located on public or private property,
other than ordinary wear and tear, if the damage is the result of vehicles
exceeding the maximum weight limits allowed by applicable law or
Contractor's negligent operation of vehicles. Customer or KIB may direct
Contractor to promptly repair or replace damaged driving surfaces or utilities or
repair and replace them itself or through a third party, to satisfaction of
customer or KIB, as the case may be. Contractor will reimburse customer for
his or her costs of repair or replacement and KIB or City of Kodiak the
reimbursement costs of repair or replacement. Contractor is responsible for
damage to public and private utilities, whether located on public streets or
property or private property, if damage is the result of the inattention,
carelessness or negligence of Contractor.
e. Damage to Property or Personal Injury. Contractor shall not intentionally or
negligently cause damage to property or personal injury in conjunction with the
provision of Contract Services. Contractor agrees to repair or replace any
property that sustains damage as a result of Contractor's negligence during the
course of its performance of the Contract Services, whether the property is
public or private, to the satisfaction of the owner, and will reimburse to the
satisfaction of an injured individual, the cost of any personal injury caused by the
negligent or willful acts or omissions of Contractor. Notwithstanding any rights
KIB may have in such instances for breach of contract and to indemnification by
Contractor, any and all disputes between Contractor and any other Person
regarding damage to private property or any other injury arising out of
Contractor's negligence or willful misconduct are civil matters between the
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Contractor and that Person.
9.08 Billing and Accounting Practices.
a. Customer Billing and Fee Collection.
(1) Service Fees and Surcharges. Contractor will provide billing and bill
collection services at the time and in a manner satisfactory to KIB,
consistent with the Contractor Service Fee Schedule, Senior Discount,
Adjusted Tonnage Amount, and any other fees directed by KIB.
(2) KIB Fees.
(i) Amount. On behalf of KIB, Contractor will charge Customers a fee or
fees in the amount directed by KIB. Contractor will not separately
itemize that fee or fees on invoices to Customers or any other
correspondence with Customers, unless authorized by KIB.
(ii) Recording Fees. Upon receipt of any Customer's payment of fees
for Contract Service, Contractor will simultaneously record receipt of
KIB's fees in separate accounts within Contractor's detailed general
ledger. Those fees belong to KIB and not to Contractor.
(iii) Remitting Fees to KIB. Contractor will remit to KIB amounts equal
to KIB's fees at the time directed by KIB. Contractor may retain the
remaining amounts received from Customers as compensation for
fully and timely satisfying Contractor's obligations under this
Agreement.
b. Customer Service Subscription.
(1) Form and Content. Before commencing Contract Service for a new
Customer, or changing Contract Service levels or frequency for an
existing Customer, Contractor will provide the Customer with a written
Subscription Summary. Contractor may include a waiver of damage
liability and/or Customer indemnity in connection with Collection on a
Customer's private driveway or pavement in form and content satisfactory
to KIB.
(2) Service Requests. Contractor will accept Customer's requests for
commencement of or changes in regular or special Contract Service by
phone, mail, fax or E-mail.
(3) Copies. Contractor will provide KIB with a copy of any Subscription
Summary promptly upon request.
SECTION 10: RECORDKEEPING AND REPORTING
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10.01 Acknowledgement. Contractor understands and acknowledges that KIB shall
have a right to review certain Contractor's Records, and to receive Reports, for
various reasons including:
a. The enforcement of Customers' rights;
b. The evaluation of Contractor's performance of its duties pursuant to this
Contract;
c. To preserve KIB's right to performance of Contractors Performance
Obligations, or to ensure that a third Person or Subcontractor performs its
duties pursuant to this Contract; and,
d. To confirm and/or determine the amount of any Contractor Payment Obligation
10.02 Records.
a. Maintenance. Contractor will keep accurate and complete Records.
b. Preservation and Retention. Unless otherwise directed by KIB, specified in
this Contract, or mandated by Applicable Law, Contractor will preserve and
retain all Records related to its Performance Obligations for the full Contract
Term, including any extensions, and for at least two (2) years following the
Termination pate.
c. KIB Right to Inspection and Audit of Contractor Records.
(1) Location.
(i) Contractor acknowledges the KIB's right of inspection, but such
inspection shall be of the KIB's own actions and efforts.
(ii) Inspection or Audit at Contractor's Office. Upon at least 7 days' prior
written request, Contractor will make the Records available to KIB or its
designees for inspection, review or audit at Contractor Office during
Contractor Office Hours.
(2) Scope of KIB's Riqht to Inspect or Audit.
KIB shall have a right to inspect any of Contractor's Records related to
Contractors execution of its Performance Obligations at any time with
reasonable notice, and to complete an audit of such Records once per
Contract Year. KIB's right to inspect or audit include, but are not limited
to, Records pertaining to:
(i) Customer Special Service Surcharges that Contractor charged to
and collected from Customers;
(it) Contract Fees;
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(iii) Tonnage of Solid Waste Collected, Processed, Diverted or Disposed;
(iv) Customer complaints; and,
(v) Other Records necessary to confirm Contractor's compliance with its
Performance Obligations.
10.03 Reporting.
a. Annual Report. Contractor will submit a complete Annual Report to KIB no
later than February 15 of each Contract Year, which shall address the
preceding Calendar Year. At a minimum, the Annual Report shall include
the following information:
(1) Number of personnel employed by Contractor during reporting period, and
a description of how many personnel are assigned to specific functions
(e.g., drivers, mechanics, administration);
(2) Number of Vehicles by type
(3) Number of Containers in service, identified by size of container;
(4) Location of residential Roll -Off Containers;
(5) Disposal load count, weight, and cost for C&D, Commercial MSW,
Residential MSW, metal, trash;
(6) Annual summary of quarterly Recycling reports; and,
(7) Contractor Recommendations.
b. Monthly Meeting. Contractor shall participate in a monthly meeting with KIB at
a time and location of KIB's choosing.
10.04 Financial Records and Reports.
a. Maintenance of Records.
(1) Content. Contractor will maintain in Contractor's Office accurate and
complete financial Records of the following:
(i) Customer receipts;
(ii) Payments to KIB (including Contractor Payment Obligations, such as any
Contract Fee); and,
(iii) Costs and expenses associated with satisfying Performance Obligations,
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whether by Contractor, its Subcontractor, or another Affiliate. Contractor
may maintain financial Records associated with Goods or Services
provided by an Affiliate in the office of the Affiliate but will provide KIB with
a copy of those Records within ten (10) days of KIB request.
(iv) Form. Contractor will maintain its financial Records on an accrual basis
and in accordance with Generally Accepted Accounting Principles, Such
Records shall set forth financial information regarding Contractor's
operations under this Contract separately from any other operations
under other contracts or in other locations, as if Contractor were an
independent entity providing service only to KIB.
SECTION 11: CONTRACTOR SERVICE FEE AND SPECIAL SURCHARGES
11.01 Contract Service Fee Schedule.
Contractor Service Fees adopted by KIB as of the Contract Commencement Date
are appended for convenience of the Panties to this Agreement. KIB may amend
these Fees pursuant to Applicable law, and consistent with this Agreement.
Amended Fees will automatically be deemed to apply to this Contract without
any further action. Contractor is deemed to have knowledge of Applicable Law,
including KIB resolutions and ordinances. However, for convenience of
administering this Contract, the Parties may from time to time amend this Section
by attaching the most recent dated current Contractor Service Fee resolution or
ordinance to this Section.
In addition, if a Customer Requests Service of a capacity and/or frequency not
provided in the Contractor Service Fees adopted by KIB, Contractor may
charge an appropriate Fee for that service following KIB approval and Customer
agreement.
a. Amounts Paid by Customers for Subscribed Service. Contractor may
charge Contractor Service Fees to Customers as compensation for providing
Contract Services in compliance with all Performance Obligations. The
Contractor Service Fee will not change except under Section 11.03. The
Tonnage Adjustment Amount will be added to or subtracted from the
Contractor Service Fee under Section 11.03(b).
b. Amounts P a i d by KIB for Senior Discount. On each July 1 (or other day
designated by KIB but no less frequently than annually) KIB will pay
Contractor the aggregate amount of Senior Discounts that Contractor gave
Customers during the period beginning April 1 of the prior year and ending
March 31 of that year (or period commensurate with another payment date
designated by KIB).
PP.
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Contractor Service Fee For Cart Service
Container
Monthly Service Fee
Senior Discount
95 -gallon Bear -Resistant
Roll Cart
$49.95
$42.95 (-$7.00)
Each additional Roll Cart
$49.95
$42.95 (-$7.00)
Residential Roll -Off or
Roll Off Rate Per Size
Roll Off Rate Per Size
Additional Set -Out Fee
No Charge
No Charge
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Contractor Service Fee Surchar es for Services SHALL NOT EXCEED . _
Activity
Contractor Service Fee (per occurrence)
On call Collection of Bulky Waste
$20.00 per call (not item) plus Direct Cost
Number of Dumpsters (Scheduled Tips Per Week)
2 3 4 5
of Disposal
Distance Charge
$3.50 per mile beyond United States Coast
$624.28
Guard base
Rollout Service for Non -Eligible
$7.36
Customers - Initial 30 feet or fraction
$833.88
Rollout Service for Non -Eligible
$6.13
Customers - Each additional 30 feet
$486.81 $730.23
Beginning 7 months after Collection
$25.00 plus Direct Cost of Cart
Commencement Date, replacement of
$287.96
Cart in excess of once per calendar
$1151.84
year
4 cubic yards
Bear lock for Customers in portion of
Contractor to provide all bear resistant roll
Contract Service Area not required to
carts - No initial Customer Charge
have bear locks
$372.43
Lock on dumpster
$25.00 to install, no charge thereafter
Collection of residential material that
$6.87
does not fit in roll -cart
$799.64 $1199.46
Residential Roll -Off or Dumpster
$5.00
Clean-up Costs
$427.21
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Contractor Monthly Service Fee for Duinpstera
Dumpster Size*
1
Number of Dumpsters (Scheduled Tips Per Week)
2 3 4 5
2 cubic yards
$156.07
$312.15 $468.21
$624.28
$780.35
2.6 cubic yards
$208.47
$416.95 $625.41
$833.88
$1042.35
3 cubic yards
$243.41
$486.81 $730.23
$973.64
$1217.05
3.6 cubic yards
$287.96
$575.91 $863.88
$1151.84
1 $1439.80
4 cubic yards
$317.66
$635.31 $952.98
$1207.64
$1588.30
5 cubic yards
$372.43
$744.87 $1117.29
$1489.72
$1862.15
5.5 cubic yards
$399.82
$799.64 $1199.46
$1599.28
$1999.10
6 cubic yards
$427.21
$854.42 $1281.63
$1708.84
$2136.05
8 cubic yards
$544.36
IS1088.73 1 $1633.08
$2177.44
$2721.80
*Contractor Service Fee for multiple Dumpsters is equal to the above scheduled
amounts multiplied by the number of Dumpsters
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Contractor Service
Fee Surcharges for Dumpsters
Service Description
Agreement Section
Amount
Change in size and number of
Dumpster more frequently than
once per Contract Year
Section 6.02
$0.00 per exchange per
Dumpster
Locks on Dumpster
Section 6.02
$25.00 one-time fee
Contractor Monthly Service Fee for Roll -Off
Service
10-20 cubic
30-40 cubic
10-20 cubic yard
30-40 cubic yard
yards
yards
Compactor
Compactor
$161.44 per
$214.69
$161.44 per haul plus
$214.69 per haul plus
haul plus
disposal fee
disposal fee plus $21.25
disposal fee plus $21.25
disposal fee
plus
disconnect fee (if
disconnect fee (if
disposal fee
applicable)
applicable)
Contractor Monthly Service Fee for Cardboard Recycling Service
10 cubic yards
20 cubic yards
30 cubic yards
40 cubic yards
$161.44 fee per
pull
$161.44 fee per
pull
$214.69 fee per
$214.69 fee per
1 pull
11.02 Contractor's Cost Covered By Service Fee.
a. The Contractor Service Fee includes all Contractor's direct costs, indirect
costs, as well as any profit or return on investment for providing Contract
Services, including the following:
(1) Labor, including wages and fringe benefits, drivers, Customer service
personnel, supervisors, and administrators;
(2) Acquisition, repair and maintenance of Contract Service Assets, including
buildings grounds, and Vehicles;
(3) Tools and supplies;
(4) Fuel and utilities;
(5) Insurance premiums and fees for the Letter of Credit or any further
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assurance of performance;
(6) Taxes;
(7) Securing and maintaining Permits and complying with Applicable Law;
(8) Fines and penalties for violation of Permits or Applicable Law;
(9) Handling Unpermitted Waste discovered in Solid Waste, including
disposal thereof as required by Applicable Law;
(10) Negligence or misconduct;
(11) Fees imposed by Regulatory Agencies, including any Contract Fee;
(12) Fees charged by Solid Waste Management Facilities, such as tipping fees
a KIB Landfill; and
(13) Any other costs associated with the provision of Contract Services not
explicitly compensated by surcharge to Customer or charge to KIB.
b. Contractor Service Fee is not adjusted for changes in these costs, except
under Section 19.03. Reference in this Contract to providing Contract Services
"without surcharge" or similar language does not infer that absence of those
words, "without surcharge", elsewhere in this Contract, means that Contractor
is entitled to either of the following:
(1) compensation in addition to the Contractor Service Fee listed on the
Contractor Service Fee Schedule; or,
(2) reimbursement of Direct Costs or Contractor's Reimbursement Costs.
11.03 Adjustment of Contractor Service Fee.
a. Adjustment events and timing. The Contractor Service Fee will be upon
direction of the KIB, in its sole discretion.
b. Annual Adjustment. On July 1, 2020, and each following July 1, the
Contractor Service Fee will be adjusted so as to make it equal to the
Contractor Service Fee that is in effect during the prior Contract Year (or
portion of that Contract Year), plus or minus the Weighted Adjustment
Percentage times that Contractor Service Fee.
Between April 1 and April 15 of each Contract Year, Contractor will prepare a
statement setting forth Contractor's detailed calculation of Contractor's
requested annual adjustment in Contractor Service Fee in the form of the
following examples or other format prescribed by KIB (see, for example,
s u b s e c t i o n h ). Contractor's statement is for convenience of KIB but is not
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binding on KIB. KIB may make corrections or adjustments to that statement.
The method used to calculate the annual service fee adjustment is set forth in
the following subsection c.
c. Calculation of Annual Service Fee Adjustment. The annual adjustment will
be calculated for five Collection Rate Cost Components and Recycling as
follows:
(1) Collection & Administrative Cost Component: Annual Chancres in the CPI.
The operational component identified by the Contractor for each level of
service will be adjusted by 75% of the CPI percent change from second
half of one year to the next (i.e., from the second half of year n-1 to the
second half of year n, with n being the most current year available), but
no greater than 5%, as confirmed by KIB.
"CPP" means the second half consumer price index (CPI -U) for
Anchorage, Base Period 1982-84=100, Series ID: CUUSA427SAO, not
seasonally adjusted, as published by the U.S. Department of Labor, Bureau
of Labor Statistics at www.bis.gov.
(2) Fuel Cost Component: Annual Changes in the PPI. The fuel component
identified by the Contractor for each level of service will be adjusted by
75% of the PPI percent change from February to February (i.e. from
February of year n-1 to February of year n with n being the c urrent year),
but no greater than 5%, as confirmed by KIB.
"PPP" means the annual Producer Price Index for No. 2 diesel fuel,
Base Period 1982=100, Series ID: WPU057303, not seasonally
adjusted, as published by the U.S. Department of Labor, Bureau of Labor
Statistics at www.bls .gov.
(3) Fixed Cost Component: No Change Over the Initial Contract. The fixed
costs identified by the Contractor for each level of service will not be
adjusted and remain constant over the term of the initial contract. These
costs include, but are not limited to vehicle depreciation, leases, cart
and container rent (as necessary to maintain containers provided to
Contractor at the start of this contract, and for any new containers
purchased by the Contractor).
(4) Disposal Cost Component: Change in Disposal Fee and To_ nnane Per
Customer. The disposal cost identified by the Contractor for each level
of service will be adjusted by 100% of the change, if any, in the tonnage
rate charged Contractor at KIB Landfill (compared to the rate in effect on
April 15, 2018), and for the change, if any, in the ratio between tons
disposed and the number of customers served (compared to the ratio as
calculated on April 15, 2018).
(5) Profit: No Chane Over the Initial Contract. The percentage of profit
(operating margin) identified by the Contractor for each level of service
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will not be adjusted and remain constant over the term of the initial
contract. Profit is calculated as a percentage of the total Collection rate.
(6) Recycling: Annual Chancres_ in the CPI. The Contractor Service Fee for
Recycling will be adjusted by 75% of the CPI percent change, if any,
from second half of one year to the next (i.e., from the second half of
year n-1 to the second half of year n, with n being the most current
year available), in the CPI during the period commencing April 1 of the
previous year and ending March 31 of the current year, but no greater
than 5%, as confirmed by KIB.
d. Summary of Service Fee Adjustments. The following table summarizes
the Contract Service Fee adjustments for each Collection Rate Cost
Component:
Rate Cost Component
HQ UbUMUnL
1) Collection and Administrative Costs
CPI
2) Fuel
PPI
3) Fixed Cost
Fixed
4) Disposal Cost
Tonnage rate and tons per
customer
5)
Rate I Sum of Above
e. Adjustment for Changes in Operations. As soon as possible following
agreement of the Parties under Section 14, the Contractor Service Fee will
be adjusted for a change in Contractor's Direct Costs of providing Contract
Services due to changes in Performance Obligations. To the extent permitted
by Applicable Law, an adjustment will reflect Contractor's costs from the
date incurred. The Contractor Service Fee will not otherwise be adjusted (for
example, no adjustment will occur for any changes in the price of fuel).
f. Rounding.
(1) Calculations. Interim calculations shall be rounded to the nearest
hundredth i.e., 0.499 and 0.510 shall be rounded to 0.50, excepting
percentage changes used in calculations, which shall be rounded to the
nearest hundredth percent i.e., 0.50%
(2) Dollars. The final adjustment in Contractor Service Fee shall be rounded
to the nearest penny.
g. No Adjustment if Any Breach or Default Remains Uncured. The Contactor
Service Fee will not be adjusted upwards if Contractor has Breached this
Agreement or Defaulted on any Performance Obligation, and such Breach or
Default remains uncured:
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h. Example Calculations of Annual Adjustments in Contractor Service Fee.
The following is an example of how annual adjustments to the Contractor
Service Fee will be calculated. The escalation, tonnage, and dollar amounts
shown are examples only.
(1) Annual adiustment of Collection and Administration Cost Component Due
to Change in CPI.
Calculation of %
2nd half, current year -1
223.83
change in CPI
2nd half, current year - 2
220.62
Percent Change
1.45% (not more than
5%)
Portion of %
75%
1.09%
change
(2) Annual Adjustment of Fuel Cost Comgonent Due to Change in PPI.
Calculation of
February, current year
120.5
change in PPI
February, current year -
122.3
Percent Change
-1 .47% (not more than
5 /o
Portion of %
75%
-1.10%
change
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(3) Disposal Cost Adjustment
EXAMPLE ONLY
MBase
2018 2019 2020 2021
e Rate Adjustment
onnage Rate ($/ton $362ro osal submitted
2 Tonnage Rate in next contract $398 $398 $398
ear Ju 1 - June 30
3 Percent increase (decrease) =4.651
% 8.53% 8.53%
from contract start
Disposal Ton -per -Customer
Adjustment
4 Prior year tons, actual 8,588.19 8,766.58 8,843.25 8,972.45
Janua 1 - December 31
5 Customer actuals (as of April 3,115 3,150 3,245 3,240
1
6 Ratio, tons 1 custoer 2.757 2.783 2.725 2.769
m
7 Percent increase (decrease) 0.94% -1.16% 0.44%
from contract start
Disposal Cost Component
Ad ustme effective Ju 1
8 (1 + Row 3) x (1 + Row 7) -1, 5.64% 7.27% 9.01%
rounded to hundredths
9 Disposal Cost Component $14.83 $15.67 $15.91 $16.17
Note: Green cells are the contract start, which is used as the basis for calculations in all
future years. Yellow cells are data that would be input each year based on tonnage rate,
customer accounts, and scale house records.
tons and customers refer to residential accounts + commercial dumpsters. The number
of commercial "customers" refers to the number of containers in service. It excludes
commercial roll offs where customers are billed for the actual cost of disposal. All
numbers shown are examples (not actuals) shown for illustrative purposes.
In this example, the disposal component of rates in initial proposal would be adjusted
by 5.64% to take effect on the contract start date. The initial proposal rates would be
adjusted by 7.27% and would take effect on July 1, 2020, and 9.01% on July 1, 2021.
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(4) Example Application of Annual Update to Rate Components.
Cost Components
Rate Component
Proposed
Rate
Next Year
Adjustment Method
Rate
Adjustments
Rate
Collection and
Administrative Costs
CPI
$13.57
$0.15
$13.72
Fuel
Fuel PPI
$3.30
($0.04)
$3.26
Fixed (rent,
depreciation, lease
No Inflators
$9.00
$0.00
$9.00
Disposal Cost (Pass
Tonnage rate and
$14.83
$0.84
$15.67
Through)
tons/customer
Subtotal
$40.70
$0.95
$41.65
Profit (7.5% of Rate)
$3.30
$0.08
$3.38
Example Rate 1
m
$44.00
$1.03
$45.03
(5) Adjusted Contractor Service Fee. The adjusted contractor service fee will
be the current rate plus the sum of the rate adjustments.
SECTION 12: MISCELLANEOUS PERFORMANCE OBLIGATIONS
12.D1 Compliance With Applicable Laws.
a. In General. All actions taken by Contractor under this Contract shall comply
with all Applicable Laws. No Performance Obligation may be construed to
relieve Contractor of any obligations imposed by Applicable Law. Contractor
shall acquire and maintain in good standing all permits, licenses, and other
entitlements necessary to complete its Performance Obligations. If a Permit
issued by KIB remains in effect after the expiration or termination of this
Contract, Contractor nevertheless may not operate within KIB for collection of
Solid Waste formerly collected under this Contract. THIS PROHIBITION WILL
SURVIVE THE TERMINATION OF THIS CONTRACT and KIB may seek
specific enforcement of this prohibition pursuant to the provisions of this
Agreement and as otherwise authorized by law. At least 60 days prior to the
Contract Commencement Date, and thereafter as requested, Contractor shall
promptly deliver to KIB copies of any and all Permits, as well as other
documentation, sufficient to evidence that Contractor has complied with all
permitting and licensing requirements mandated by Applicable Law. Contractor
shall pay all taxes pertaining to its Performance Obligations under this Contract.
b. No Limitation on Duty to Comply. References in this Contract to particular
provisions or requirements of Applicable Law may not be construed to limit
Contractor's obligation to comply with all provisions of Applicable Law. Those
references are intended to facilitate Contractor's satisfaction of its
Performance Obligations and KIB's administration and specific enforcement of
this Contract. Those references may not be construed to constitute lack of
Contractor obligation to comply with other provisions or requirements of
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Applicable Law that are not specifically referred to or cited in this Contract. if
any provision of this Contract is more stringent than Applicable Law,
Contractor will comply with that provision.
c. Fines and Penalties. Contractor is solely liable for all fines and penalties that
are imposed due to Contractor's actions, including fines and penalties that
are the result of Contractor's Violation of Applicable Law. Contractor will not
seek reimbursement from KIB or any Customer for any fines or penalties so
imposed. Contractor will inform KIB within 24 hours upon receiving any
violations, fines orpenalties.
d. Contractual Obligations. All Applicable Laws are incorporated in this
Contract by reference as if set forth fully herein, and Contractor's compliance
with such shall be construed as part of Contractor's Performance Obligations.
If any Applicable Law is inconsistent with this Contract, the more stringent will
apply.
(1) Breaches. In addition to or in lieu of prosecuting violations of the KIB Code
as misdemeanors, infractions, or other manner provided under the KIB
Code, KiB may enforce Contractor's obligations under Applicable Law
(including the KIB Code) in the same manner as it may enforce
Contractor's other contractual obligations under this Contract (including
specific performance and as Breaches subject to cure), whether or not
noncompliance with those provisions of Applicable Law has become a
Violation. Neither prosecution of Contractor for noncompliance with
Applicable Law nor enforcement of Applicable Law shall be a condition
precedent to enforcing those Performance Obligations. in determining
whether or not Contractor is in noncompliance with those provisions, the
standard of proof applicable to breach of contract will apply. KIB has no
obligation to enforce any Applicable Law.
(2) Violation. Contractor's Violation of Applicable Law is a Default subject to
contest pursuant to Section 15 of this Contract.
e. KIB's Protection of Public Safety, Health, and Welfare. Contractor
acknowledges that KIB is authorized to make all necessary and reasonable
rules and regulations regarding all aspects of MSW Management Services to
protect the public's health, safety, and welfare. No provision in this Contract
may be deemed to limit KIB's power to take any action that KIB, in its sole
discretion, deems necessary or appropriate to protect the public's safety,
health, and welfare.
f. Compliance With KIB Code. Contractor must comply with the KIB Code,
subject to possible adjustments in Contractor Service Fee in the event of
Changes in Law. Contractor warrants and represents that it is fully acquainted
with the provisions of KIB Code. Contractor must pay Liquidated Damages
with respect to non-compliance with specified provisions of the KIB Code,
including failure to remedy any Violation of KIB Code within five (5) days of the
date of notice of Violation, and in the event of conviction of a Violation.
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g. Inspection or Audit at Contractor's Office. Upon at least 7 days' prior
written request, Contractor will make the Records available to KIB or its
designees for inspection, review or audit at Contractor Office during Contractor
Office Hours.
12.02 Contractor's Personnel.
a. Identification, Appearance, and Conduct. Contractor will train and require
each of its personnel to present a neat, tidy and orderly appearance, and
shall require those personnel responsible for Collecting, Delivering, and
Disposing of Refuse or Recyclables to wear uniforms and safety vests
identifying them as Contractor's employees. Employees shall be directed to
conduct themselves in a courteous manner, refrain from using loud or
profane language while on duty, and to perform Collection in as quiet a
manner as possible.
b. No Gratuities. Contractor will not permit its personnel to demand or solicit,
directly or indirectly, any additional compensation or gratuity from any
Customer or member of the public.
c. Compliance with OSHA. Receipt of a citation or failure -to -abate notice
from the State Division of Occupational Safety and Health or any other
similar Regulatory Authority shall constitute a Breach of this Agreement.
12.03 Communication With KIB.
a. KIB Point of Contact. All official communications from Contractor to KIB
regarding this Agreement, or any of the Parties' respective rights and
obligations thereunder, shall be directed to the Project Manager.
b. Responsiveness to KIB.
(1) Telephone Calls. Contractor will return any telephone calls it receives from
KIB, to the individual who made that call, no later than the next KIB
Business Day.
(2) Meetings. Within one week of oral or written direction by KIB, Contractor
will meet with KIB during KIB Office Hours at the location directed by KIB.
(3) E -malls. Contractor will respond to all e-mails from KIB within two (2)
Ki B business days.
(4) Written Correspondence. Contractor will respond to written
correspondence from KIB within one week of receipt, or at such other time
as may be specified by KIS.
SECTION 13: INDEMNIFICATION, INSURANCE, LETTER OF CREDIT
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13.01 Indemnification.
a. Contractor's Agreement to Indemnify KIB. To the extent allowable under
Applicable Law, Contractor agrees that it will Indemnify and hold harmless,
defend with counsel approved by KIB, and release KIB and KIB's Related
Parties from and against all Liabilities and Losses paid, incurred or suffered by,
or asserted against, KIB or KIB's Related Parties arising out of or in connection
with this Contract, including in connection with any alleged failure of KIB or KIB's
Related Parties to enforce provisions of this Contract or of Applicable Law.
Contractor understands and acknowledges that this is intended to operate as an
agreement pursuant to 42 U.S.C. Section 9607(e), and any corresponding
provisions of the laws of the State of Alaska, to insure, release, protect, hold
harmless and indemnify KIB from Liabilities and Losses set forth herein.
b. Indemnity for Liabilities and Losses Arising from Contract Services.
Contractor's Indemnity is limited to Liabilities and Losses resulting from Contract
Services provided by Contractor from the Contract Commencement Date
through the Termination Date. However, CONTRACTOR'S OBLIGATIONS
UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR
TERMINATION OF THIS CONTRACT.
c. Reimbursement of Enforcement Costs. If Contractor fails to pay any
indemnities and that failure results in any costs to KIB, within fifteen (15) days of
KIB request, Contractor will pay KIB's Reimbursement Costs.
13.02 Required Insurances.
a. Coverage Requirements. Without limiting its Indemnities, Contractor will
secure and maintain insurance coverage meeting the requirements in this
Section. KIB may require Contractor to secure and maintain larger amounts
or types of coverage if it compensates Contractor the Direct Costs of the
additional premium for that coverage under Section 11.02. Contractor may
use a combination of primary and excess insurance coverage to satisfy
these requirements. KIB may reduce insurance requirements if it determines
that the reduction is in KIB's best interest. Each liability policy must provide
contractual liability coverage for Contractor's Indemnities, including any
necessary endorsement, schedule or other documentation.
(1) General Liability Insurance. Written on ISO policy form CG 00 01
(occurrence) or its equivalent (and not CG 00 02 claims made) with
limits of not less than the following:
General Aggregate: $4 million
Products/Completion Operations Aggregate: $4 million
Personal and Advertising Injury: $1 million
Each Occurrence $2 million
(2) Liability Coverage for Pollution Conditions Resulting from Transported
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Cargo. With a limit of not less than $2 million per occurrence covering
Liabilities and Losses that the Contractor becomes legally obligated to
pay as a result of claims for bodily injury, property damage, cleanup
costs and other fines, fees or expenses assessed by federal or state
agencies, KIB, or third parties, which result from pollution conditions
caused by transported cargo, including waste. For the purposes of this
subsection, 'pollution conditions" includes the dispersal, discharge,
release, or escape of any solid, liquid, gaseous or thermal irritant or
contaminant - such as smoke, vapors, soot, fumes, acids, alkalis, toxic
chemicals, medical waste, and waste materials - into or upon land,
any structure on land, the atmosphere, or any watercourse or body of
water, including groundwater, provided the conditions are not naturally
present in the environment in the amounts or concentrations discovered
. Contractor's general liability policy may be endorsed to provide for this
pollution liability coverage.
(3) Automobile Liability Coverage. Such insurance coverage shall be:
written on ISO policy forms CA 00 12 or CA 00 20 (or their equivalent)
with a limit of liability not less than $2 million for each accident;
endorsed to delete the pollution and/or the asbestos exclusion and
include pollution liability (using form CA 99 48 or its equivalent) for
accidental spills and discharges while transporting and/or processing
materials; and, must cover all Vehicles that Contractor operates on
public roads.
(4) Financial Responsibility. Coverage. If Contractor is subject to federal
regulations, Contractor also will maintain any other coverage
necessary to satisfy state orfederal financial responsibility requirements.
(5) Workers' Compensation and Employers' Liability.. Contractor shall
maintain coverage that meets the following requirements:
(i) Workers' compensation benefits required by Applicable Law
(including the State Labor Code or by any other state labor law),
and for which Contractor is responsible; and,
(ii) Employers' Liability coverage with limits of not less than the following:
Each accident: $1 million
Disease - policy limit: $1 million
Disease - each employee: $1 million
b. Insurer qualifications. Contractor will secure insurance provided by an insurer
that:
(1) Is deemed acceptable by KIB;
(2) Is an admitted company authorized to do business in the State of Alaska;
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(3) Has a size category of VII or larger by AM. Best Company, Inc.; and,
(4) Hasa rating of A or better by AM. Best Company, Inc.
c. insurance Coverage Requirements for Subcontractors. Contractor will
insure each Subcontractor performing Contract Services or transportation of
Solid Waste by providing evidence that either:
(1) Contractor is maintaining insurance required by this Section covering
the activities of the Subcontractor; or,
(2) The Subcontractor is maintaining that insurance itself
d. Evidence of Coverage. Contractor will provide certificates of insurance,
endorsements, schedules and other evidence of insurance coverage requested
by and acceptable to KIB at the following times:
(1) On or before the Contract Commencement Date,
(2) With submission of each Annual Report,
(3) Promptly upon renewal of policies, and
(4) Within ten (10) days of KIB's request.
e. Certificates of Insurance. Contractor will provide certificates (or other
evidence of coverage) containing, at a minimum, the following information with
respect to Contractor and any Subcontractor,
(1) Contract Name. Certificates of Insurance must explicitly identify this
Contract (for example, UNDER DESCRIPTION OF OPERATIONS),
and if necessary to secure contractual liability coverage as an "insured
contract" or otherwise, including a schedule or endorsement that
specifically identifies this Contract;
(2) Policy Details. Coverage type(s), policy numbers, policy effective and
expiration dates, policy limits, and identification of each required
insurance services office (ISO) policy form or confirmation of its
equivalency to ISO policy forms required under this Contract (such as
"auto liability ISO form CA 00 1Z'). Where this Contract does not require
a specific ISO policy form, the certificate of insurance must specifically
reference the required type of coverage (such as "pollution liability"
under TYPE OF INSURANCE — OTHER) together with a summary
description of its coverage (such as pollution conditions caused by
transported cargo" under SPECIAL PROVISIONS);
(3) Thirty -Day Cancellation Notice Reauirement. Certificates of
Insurance shall contain the express condition that KIB must be given
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written notice by mail at least thirty (30) days in advance of cancellation
for all policies evidenced on the certificate of insurance. Endorsements
cannot contain mere "best effort" modifiers or relieve the insurer from its
responsibility to give that notice and the CANCELLATION information on
the certificate of insurance must delete language such as "failure to do
so shall impose no obligation or liability of any kind upon the insurer, its
agents or representatives".
(4) Deductibles and Self -Insured Retentions. Certificates of Insurance
shall identify any deductible and self-insured retention. Upon KIB
request, Contractor will reduce any self-insured retention as it applies to
KIB or provide a letter of credit, certificate of deposit or other financial
assurance acceptable to KIB guaranteeing payment of all retained
losses and related costs and expenses related to investigations, claims
administrations, and legal defense. The letter of credit or certificate of
deposit must be provided by a bank satisfactory to KIB; and
(5) Claims Made. If KIB waives the prohibition on procuring claims made
policies and insurance coverage is written on a claims -made form, then
evidence is required that the "retro date" is before the Contract
Commencement Date. Contractor must maintain that coverage for at
least five (5) years after the Termination Date (or longer as required
under this Contract). Promptly upon KIB request, Contractor must
provide KIB with evidence of that coverage. THIS PROVISION
SURVIVES THE TERMINATION OF THIS CONTRACT.
E Endorsements. Contractor must provide copies of the following endorsements
or other documentation with respect to Contractor and any Subcontractor
satisfactory to KIB:
(1) Additional insured endorsement to each liability policy, explicitly adding
KIB and its "officers, agents, and employees" as an additional insured
party;
(2) Waiver of subrogation;
(3) Establishing Contractor's insurance as primary, with respect to all
liabilities arising from Contractor's performance of any and all Contract
Services; and,
(4) Providing dedicated limits under a liability policy in favor of KIB as an
additional insured.
g. Schedules. Contractor must provide schedules or other evidence that liability
policies of Contractor and any Subcontractor provide contractual liability
coverage for Indemnities, such as listing this Contract as an "insured contract".
h. Signature verification. At KIS' s request, Contractor must provide
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documentation verifying that the individual signing or countersigning the
certificates, policies, endorsements, or other evidence of coverage of
Contractor and any Subcontractor is authorized to do so and identifies his or
her company affiliation and title. KIB may require complete, certified copies of
Contractor's insurance policies at anytime.
Notice of claims. If any Person makes a claim against Contractor or any
Subcontractor exceeding the amount of any deductibles or self-insured
retentions, Contractor will promptly notify KIB of the claim.
j. Contractor accounting. Contractor will institute a comprehensive accounting
system satisfactory to KIB to monitor all insurance requirements under this
Contract, including those of each of its Subcontractors.
k. Contractor compliance. Contractor will comply with all requirements of its
insurance policies and insurers.
13.03 Payment Security.
Contractor shall provide the following to ensure payment of disposal fees and
reimbursement of billing costs incurred by KIB in the event of a Default or Breach by
Contractor:
a. Performance Bond. Contractor shall provide a Performance Bond to KIB issued
by an insurance company approved by KIB to secure payment of delinquent
disposal fees in the following principal amounts:
(1) During the first contract year: $348,000.00
(2) During the second contract year: $382,000.00
(3) During the remainder of the contract term: an amount equal to 3 months of
the average disposal fees paid during the previous contract year.
b. Pledged Bank Account. Contract shall deposit with a Bank approved by KIB
the sum of $55,000.00 to be used to reimburse KIB for costs it may incur in billing
refuse Customers in the event of a Default or Breach by Contractor under this
Agreement. KIB shall be named as the only party authorized to make
withdrawals from the account, and Contractor shall direct the Bank that holds the
account to deliver monthly statements to KIB. Any interest on the account shall
be payable to the Contractor.
c. Payment Upon Default.
(1) In the event that Contractor fails to pay disposal fees when due, or is
otherwise in Breach or Default of this Agreement, KIB may draw upon the
Performance Bond, in one or more drawings, any amounts of money due to
KIB but unpaid.
(2) KIB may draw on the Pledged Bank Account, in one or more drawings, any
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reasonable expenses incurred by KIB in the event that, due to Contractor's
Default or Breach, KIB assumes responsibility for issuing billing statements
to Customers for refuse services.
d. Return of Security.
1) The Performance Bond shall terminate, and amounts in the Pledged Bank
Account may be paid to Contractor, no earlier than the date upon which KIB
issues a certificate stating that:
(i) This Contract has expired; or,
(ii) This Contract has been terminated for a period of 180 days or such
other preference period provided under applicable law with respect to
Contractor's bankruptcy or insolvency; or,
(iii) Contractor has substituted an alternative letter of credit or other security
document that KIB, in its sole discretion, has deemed acceptable; and,
(iv) Contractor has paid to KIB all amounts to which it is entitled under this
Contract.
e. Survival of Terms. THIS SECTION 13.03 SHALL SURVIVE THE EXPIRATION
OR TERMINATION OF THIS CONTRACT.
13.04 Guaranty Agreement. Any Person that served in any way as the basis for KIB's
evaluation of Contractor's financial strength and creditworthiness as part of
Contractor's proposal to KIB must be made a legal, valid, and binding Guarantor
of this Contract, and proof of such must be submitted to KIB in a form that KIB
deems satisfactory.
13.05 Assurance of Performance. In addition to any other remedies available to KIB
pursuant to this Contract or any other applicable laws, it may at its sole
discretion demand from that Contractor provide reasonable assurances that it will
fully satisfy any of its Performance Obligations, and that such assurances be
provided by a specified date, in any of the following instances:
a. Labor Unrest. Contractor is the subject of, or is otherwise affected by, any
labor unrest, including work stoppage or slowdown, sick-out, picketing, lock-
out, or other concerted job action, which continues in excess of six (6) days.
b. Insolvency. KIB reasonably determines that Contractor is unable to regularly
pay its debts as they become due, as demonstrated by Contractor's failure to
pay:
(1) Any tipping fee(s) at any Solid Waste Management Facility;
(2) Any insurance deductibles or self-insured retention;
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(3) Any employee's wages; and,
(4) Any other bill, such that it becomes delinquent for a period of more than
60 days.
c. Monetary Judgments, Penalties, or Fees. Contractor is the subject of
fines, penalties, or civil or criminal judgments or orders entered by any court,
federal or State agency, or Regulatory Authority, which are or are estimated
to be in excess of the past three (3) months of Contractor Service Fees
collected by Contractor.
SECTION 14: CHANGES 1N SCOPE OF CONTRACT OBLIGATIONS
14.01 Changes to Performance Obligations.
a. Upon Request by KIB. KIB may request that Contractor implement a
change of its Performance Obligations under this Contract. Unless otherwise
directed by KIB, Contractor shall submit its proposal within ten (10) KIB
Business Days. KIB may withdraw its request at any time, for any reason.
b. Upon Contractor's Request. Contractor may propose a change to its
Performance Obligations under this Contract by submitting a Proposal to KIB,
which shall conform with the requirements of Section 14.02.
14.02 Proposal Requirements.
a. Contents. In its proposal, Contractor will include such supporting
documentation as KIB deems necessary, and must describe its detailed plan
for implementing the requested or proposed changes, and such description
shall include the following:
(1) A task list and time -line implementation schedule;
(2) Goods or Services, including any Subcontractor, necessary to
implement the change; and,
(3) Any change in Contractor Service Fee and cost substantiation therefore,
including Contractor's changes in Direct Costs, taking into account both
incremental Direct Costs and savings offsets, such as any:
(i) Vehicle modifications;
(ii) Addition of Receptacles, Vehicles, or routes;
(iii) Shortening or extension of route time;
(iv) Changes to personnel; and,
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(v) Increases in transportation distance or time to a Solid Waste
Management Facility.
b. Contractor's Proposal Deemed an Offer. Contractor's proposal will be
deemed Contractor's offer to KIB to implement the directed or proposed
change. Contractor's proposal will remain binding for at least thirty (30) days
from the date that it has been submitted to KIB.
c. Review by KIB.
(1) Response/Comments. Within thirty (30) KIB Business Days of receiving
Contractor's proposal, KIB may review, approve, or disapprove the
proposal, or propose amendments to it. If KIB does not respond within
that time, its approval will be deemed denied. If Contractor's proposal
includes a request for change in the Contractor Service Fee that must be
approved by the Assembly, KIB may review, approve or disapprove the
proposal within forty-five (45) days.
(2) Acceptance of Comments. Contractor will accept or reject any proposed
amendments within fifteen (15) KIB Business Days of receiving them. If
Contractor accepts the amendments, KIB will prepare a formal amendment
to this Contract that will implement the proposal.
(3) Resection of Comments I Negotiations. If Contractor rejects KIB's
comments, the Parties will negotiate in good faith for a period of at least
fifteen (15) KIB Business Days following Contractor's receipt of KIB
comments.
SECTION 15: BREACH OF AGREEMENT, DAMAGES, AND DEFAULT
15.01 Liquidated Damages.
a. Acknowledgements. The Parties hereby acknowledge that:
(1) KIB has incurred considerable time and expense negotiating this Contract
to secure an improved level of Collection and Recycling service quality,
increased Diversion and increased Customer satisfaction. Therefore,
consistent and reliable Contract Services are of utmost importance to KIB
and Customers.
(2) In awarding this Contract to Contractor, KIB considered and relied on
Contractor's municipal references, experience, qualifications, and
reputation as to service quality, and Contractor's Breach represents a loss
of bargain to K113-
(3) Quantified standards of performance are necessary and appropriate to
ensure consistent and reliable Contract Service, and if Contractor fails to
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meet Performance Obligations, KIB will suffer damages in subjective ways
and in varying degrees of intensity that are incapable of measurement in
precise monetary terms. The imposition of liquidated damages is not a
penalty, but is instead recognition of the difficulty in ascertaining those
damages that may reasonably result from Contractor's breach of its
Performance Obligations.
(4) Termination of this Contract for Default and other remedies provided in this
Contract are, at best, a means of future correction and not remedies that
make KIB whole for past Breaches.
b. Non -Waiver. KIB's assessment of Liquidated Damages for Contractor's
breaches does not preclude KIB from enforcing the KIB Code in the event that
such breaches constitute Violations.
c. Procedure.
(1) Notice of Intent to Assess Liquidated Damages_ Before KIB may assess
Liquidated Damages pursuant to this Section, for each category of violation
(that is, for each of the categories listed in Exhibit B), KIB shall give
Contractor written notice of Contractor's violation of the performance
standard and of KIB's intent to assess Liquidated Damages for any future
violation of the same performance standard. The purpose of this provision is
to give Contractor notice that KIB considers Contractor to have violated a
performance standard, and that KIB will assess Liquidated Damages if such
violations are repeated.
(2) Procedure for Review of Li uidated Dama es. KIB may assess Liquidated
Damages pursuant to this Section monthly. At the end of each month during
the term of this Agreement, KIB shall issue a written notice to Contractor
("Notice of Assessment") of the Liquidated Damages assessed and the basis
for each assessment. The assessment shall become final unless, within ten
(10) calendar days of the date of the notice of assessment, Contractor
provides a written request for a meeting with the to present evidence that the
assessment should not be made. KIB shall schedule a meeting with
Contractor as soon as reasonably possible after timely receipt of
Contractor's request. KIB shall review Contractor's evidence and render a
decision sustaining or reversing the Liquidated Damages as soon as
reasonably possible after the meeting. Written notice of the decision shall
be provided to Contractor. In the event Contractor does not submit a written
request for a meeting within ten (10) calendar days of the date of the Notice
of Assessment, KIB determination shall be final and KIB may assess the
Liquidated Damages, unless KIB waives this requirement. Liquidated
damages shall be assessed according to the schedule set forth in Exhibit B.
15.02 Compensatory Damages. If Contractor fails to deliver any type of Solid Waste to
a facility approved by KIB (such as a recyclables processing facility in connection
with any Recyclables collection program that may be established), then in
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addition to assessing Liquidated Damages, KIB may in its sole discretion assess
the following Compensatory Damages, and Contractor will pay KIB the following
Compensatory Damages: KIB's Reimbursement Costs for monitoring Contractor's
compliance with its delivery Performance Obligations, including the assignment of
KIB personnel to follow Collection Vehicles on Collection routes; and
a. KIB's Reimbursement Cost for enforcing or securing specific performance of
Contractor's delivery obligation.
15.03 Defaults. The following acts or omissions by Contractor shall constitute a Default of
this Agreement.
a. Contract Service Defaults.
(1) Uncured Breach. Any breach of this Agreement shall be deemed to
remain uncured if:
(i) KIB notifies the Contractor that a Breach has occurred; and,
(ii) The Contractor fails to correct that Breach within twenty (20) days of
that Notice, unless KIB agrees in writing to extend the period for
correction.
(2) Repeated Breach. KIB determines that Contractor repeatedly or habitually
Breaches its Obligations under this Contract.
(3) Contract Service Failures. When not excused by a Contract Service
Exception, the Contractor fails to Collect Refuse, either according to its
regular schedule or by appointment, in the following amounts:
(i) 100 or more missed pickups for more than seven (7) consecutive days.
(ii) 500 or more missed pickups during any 12 -month period; or,
(iii) At least 99.5% of pickups scheduled for a day, for more than ten
(10) cumulative days.
(4) Failure to Comply with Applicable Law.
(i) Violations.
A. Material. Contractor does not cure any material Violation of
Applicable Law to the satisfaction of KIB or applicable Regulatory
Authority within 30 days of the notice, assessment, or
determination of that Violation of Applicable Law.
B. Repeated. In KIB's judgment, Contractor repeatedly receives a
notice, assessment or determination of the same or different
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Violation.
(ii) Appeals. If Contractor is entitled to appeal and in good faith does
appeal a notice, assessment, or determination of Violation of Applicable
Law, no Default will be deemed to have occurred until a final decision
adverse to Contractor has been entered by the applicable authority.
(5) Criminal Activity. Contractor fails to comply with the requirements of
Section 16.02 of this Contract.
(6) Failure to Timely Pay Contractor Payment Obligation. Contractor fails to
pay any Contractor Payment Obligation within fifteen (15) days of the date it
is due and payable.
(7) Charping in Excess of the Amounts Listed in Contractor Service Fee
Schedule. Contractor charges any Customer more than the scheduled
Customer Special Service Surcharge listed in the Service Schedule and
does not reimburse the excess within t h i r t y ( 30) days of Contractor's
discovery thereof, KIB notice or Customer request.
(8) Failure to allow KIB to perform Contract Services. Contractor fails to timely
allow KIB to exercise any of KIB's rights in connection with performing
Contract Services under Section 15.09.
b. Performance Assurance Defaults.
(1) Failure to Provide Adequate Assurances of Performance. Contractor fails
to provide KIB with adequate Performance Assurance when requested.
(2) Seizure and Attachment. Any Contract Service Asset is seized, attached or
levied upon (other than a pre judgment attachment) so as to
substantially impair Contractor's ability to timely and fully perform Contract
Services, and which cannot be released, bonded or otherwise lifted within
forty-eight (48) hours, excepting weekends and Holidays.
(3) Insolvengy, Bankruptcy, and Liquidation. It shall constitute a Default of
this Agreement if any of the following events occur, or the Contractor
takes any actions in furtherance of such events:
(i) Contractor files a voluntary claim for debt relief under any
applicable bankruptcy, insolvency, debtor relief, or other similar law
now or hereafter in effect, unless Contractor retains full control of
Contract Service Assets throughout the pendency of that claim;
(ii) Contractor consents to the appointment of or taking of possession by
a receiver, liquidator, assignee (other than as a part of a transfer of
Contract Service Assets no longer used to provide Contract
Services or backup Contract Services), trustee (other than as security
of an obligation under a deed of trust), custodian, sequestration,
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administrator (or similar official) of Contractor for any part of
Contractor's operating assets or any substantial part of Contractor's
property;
(iii) Contractor makes any general assignment for the benefit of
Contractor's creditors;
(iv) Contractor fails generally to pay Contractor's debts as they become
due;
(v) A court having jurisdiction enters a decree or order for relief in respect
of this Contract, in any involuntary case brought under any
bankruptcy, insolvency, debtor relief, or similar law now or hereafter in
effect, or
(vi) Contractor consents to or fails to oppose any similar proceeding; or,
(vii) Any court having jurisdiction enters a decree or order appointing a
receiver, liquidator, assignee, custodian, trustee, sequestrator,
administrator (or similar official) of Contractor or for any part of
Contractor's operating equipment or assets, or orders the winding up
or liquidation of the affairs of Contractor.
(4) Default under Guaranty. The occurrence of any default under the Guaranty.
(5) Transfer. Contractor makes a Transfer without KIB's consent, as required by
Section 17.
(6) Subcontract. Contractor engages a Subcontractor or enters into a
Subcontract without KIB's consent, as required by Section 18.10, and
does not terminate that Subcontract within fifteen (15) KIB Business Days
of KIB's Notice.
c. False Representations and Breach of Warranties.
(1) Under this Contract.
(i) Contractor makes a representation or certification in or under this
Contract, including Section 2, which Contractor knows, or in the
course of diligently conducting business and providing Contract
Services should have known, is untrue on the date Contractor made it.
(ii) Contractor breaches a warranty under this Contract.
(2) As Inducement to Enter Into This Contract. Contractor makes a
representation or fails to make a disclosure, whether within this
Contract or otherwise, to KIB in connection with or as a material
inducement to entering into this Contract or any future amendment to
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this Contract, which representation or failed disclosure is false or
misleading in any material respect when made.
15.04 Excused Breaches and Defaults.
a. Uncontrollable Circumstances. If the Contractor is unable to perform, or is
delayed in its performance of any of its obligations under this Agreement by
reason of any Uncontrollable Circumstances, or force majeure, such inability
of delay shall be excused at any time during which compliance is prevented
by such event and during such period thereafter as may be reasonably
necessary for the Contractor to correct the qualifying event's adverse effects.
(1) Notice to KIB. To be entitled to the benefit of this provision, the
Contractor must give prompt written notice to KIB, which specifies in
detail:
(i) The nature and scope of the Uncontrollable Circumstance;
(ii) Its expected duration;
(iii) The ways in which the event will adversely affect the Contractor's
performance of Contract Services; and,
(iv) The steps that the Contractor is taking to mitigate such adverse
effects.
b. KIB's Rights.
(1) Perform Contract Services. Notwithstanding that a Breach due to
Uncontrollable Circumstances does not constitute a Default, after the
continuance of the Breach for forty-eight (48) hours, in its sole discretion,
KIB may nevertheless perform (or cause to be performed) Contract
Services in the Contract Service Area itself under Section 15.09.
(2) Exercise Other Remedies. After the continuance of any Breach for thirty
(30) days, KIB may, in its sole discretion, exercise any other remedy
under this Contract, including suspending or terminating this Contract
under Section 16.01,
15.05 Remedies Upon Breach.
a. As Provided by Law. Either Party may exercise any and all remedies
available under law or equity to remedy the other Party's breach of this
Contract. A Party's exercise of any one remedy, including KIB's assessing
Liquidated Damages or Compensatory Damages, is not an election of remedies
but is cumulative with any other available remedies.
b. KIB's Additional Remedies. In addition to exercising any remedy available at
law or equity, upon occurrence of a Default, KIB may exercise any or all of the
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following additional remedies:
(1) Termination. Terminate this Contract or any portion of Performance
Obligations, pursuant to Section 16.01(a);
(2) Suspension. Suspend this Contract, pursuant to Section 16.01(b);
(3) Perform Contract Services. KIB may itself perform Contractor's
Performance Obligations, or cause them to be performed by another
party, pursuant to Section 15.09;
(4) Damages. Assess Liquidated or Compensatory Damages against the
Contractor; and,
(5) Exercise Financial Assurances. Draw on the Letter of Credit, demand
payment under the Guaranty or any Indemnity, or submit any claim
under Insurance.
(6) Injunctive Relief. Contractor acknowledges that KIB may be also be entitled
to injunctive relief in those instances where an award of damages to KIB
for the Contractor's Breach or Default may be inadequate for reasons
including the following:
(i) Public Health and Safety. The urgency of timely, continuous and high-
quality Contract Services, including Collection, Recycling,
transportation and/or transfer and Disposal of putrescible solid wastes
that constitute a threat to public health;
(ii) Procurement Time and Expense. The long time and significant
investment of money and personnel (including KIB' s staff, elected
officials and KIB Counsel, as well as procurement counsel and
consultants) necessary to:
A. Develop a scope of Contract Services and Performance
Obligations acceptable to KIB;
B. Draft this Contract and related procurement documents;
C. Solicit comments on this Contract and procurement documents
from KIB (and KIB Counsel) and Persons interested in proposing
to provide Contract Services
D. Meet with those potential proposers to discuss their comments and
answer their questions about this Contract and the procurement;
E. Finalize this Contract and procurement documents;
F. Solicit proposals for Contract Services;
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G, Review and evaluate those proposals and seek clarifications of
those proposals.
H. Award this Contract under K113's Applicable Law;
I. Finalize execution of this Contract, including reviewing
commenting on and approving (if required) Contractor
Documentation; and,
J. Conform KIB Code to the automated Refuse Collection programs.
(iii) Reliance on Contractor. KIB` s reliance on Contractor's meeting
evaluative criteria on which award of this Contract was based, such as
the following:
A Solid waste management experience;
B. KIB references;
C. Qualifications of key personnel;
D. Environmental programs and proposed Unpermitted Waste
Screening Protocol;
E. Litigation history;
F. Contractor's proposed transition, Customer education, diversion
and other plans;
G. Acceptance of terms of this Contract; and,
H. Diversion record.
(iv) Re -Procurement Time and Expense. The length and significant
investment of time and money described in item (ii) to develop
alternative MSW Management Services comparable to Contract
Services for the price provided under this Contract, and to negotiate
new agreements therefore_
c. Recovery of Unpaid Contractor Payment Obligations. KIB may collect
Contractor Payment Obligations due and owing by Contractor to KIB by any or
all of the following means:
(1) Demanding payment from Contractor or Guarantor;
(2) Drawing on the Letter of Credit;
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(3) Submitting claims as an additional insured under Insurance policies or
under contractual liability provisions of insurance policies; and,
(4) Directing Contractor to offset Contractor Payment Obligation from Contractor
Service Fees that Contractor received from Customers to remit them to KIB.
d. In the event of default by either party, the non -defaulting party shall provide
notice of the default with specificity. No remedies for such default shall accrue
unless and until the defaulting party shall have failed to cure said default within
10 days of receipt of such written notice of default, save and except situations
that may impact public health or safety, the environment, or may be a violation of
law or any provision in Section 15.03 which gives greater than 10 days to cure
such particularly identified event of default.
15.06 Additional Compensatory Damages. Additional Compensatory Damages.
Without limiting KIB's right to seek Compensatory Damages, pursuant to either this
Contract or otherwise available at law, KIB may seek the following additional
Compensatory Damages:
a. Amounts equal to any Contractor Payment Obligations or other amounts
that Contractor has previously paid to KIB but are subsequently recovered
from KIB by a trustee in bankruptcy as preferential payments or otherwise;
b. If KIB terminates this Contract for Default, KIB's Reimbursement Costs to
provide or re -procure MSW Management Services; and,
c. If KIB terminates this Contract for Default, KIB's projected Direct Costs of
replacing MSW Management Services in excess of Contractor Service
Compensation for the balance of the Term remaining if this Contract had not
been terminated, as based on service fees under replacement agreements
for those MSW Management Services.
THIS SECTION WILL SURVIVE THE TERMINATION OF THIS CONTRACT
FOR 180 DAYS OR OTHER PREFERENCE PERIOD PROVIDED UNDER
APPLICABLE LAW WITH RESPECT TO BANKRUPTCY OR INSOLVENCY.
KIB may draw upon the Letter of Credit, Guaranty or any other available
Performance Assurance to pay compensatory damages.
15.07 Waivers.
a. Waiver of Breach. No waiver of any Breach or Default constitutes a waiver of
any other Breach or Default. Failure of KIB to enforce any provision of this
Contract may not be construed as a waiver of KIB's enforcement rights. KlB's
subsequent acceptance of any damages or other money paid by Contractor
may not be deemed to be a waiver by KIB of any pre-existing or concurrent
Breach or Default.
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b. Contractor Waiver of Certain Defenses. Contractor acknowledges that it is
solely responsible for providing Contract Services and by this Contract
irrevocably and unconditional waives defenses to the payment and performance
of its obligations under this Contract based on failure of consideration; contract
of adhesion; impossibility or impracticability of performance; commercial
frustration of purpose; or the existence, non-existence, occurrence or non-
occurrence of any foreseen or unforeseen fact, event or contingency that may be
a basic assumption of Contractor with regard to any provision of this
Contract; provided that Contractor does not by this Contract waive any defenses
under this Contract of Uncontrollable Circumstances.
45.08 Costs.
a. Non -Prevailing Party. The non -prevailing Party in any dispute involving this
Contract will pay the prevailing Party's Reimbursement Costs, including
standard and reasonable attorney's fees.
b. K113's Enforcement Costs. Contractor will reimburse KIB promptly upon
request for either or both of the following KIB's Reimbursement Costs:
(1) Costs resulting from KIB's investigation of any alleged Breach; or,
(2) Costs incurred by KIB as a consequence of Contractor's Breach.
15.09 KIB Right to Perform.
a. Events. KIB may perform, or provide for the performance of, any or all
Performance Obligations if KIB reasonably determines that:
(1) Contractor, due to Uncontrollable Circumstances or for any reason
whatsoever, fails, refuses or is unable to Collect any Solid Waste and
operate the Recyclables Processing f=acility for a period of forty-eight
(48) hours after the Collection or acceptance was required under this
Contract, and KIB determines in its sole discretion that there is a danger
to the public health, safety or welfare; or,
(2) KIB suspends orterminates this Contract.
b. Contin uation. KIB has no obligation to continue performing or providing for the
performance of any or all Performance Obligations and may at any time, in
its sole discretion, cease to provide any or all Performance Obligation.
However, KIB's right to perform or provide for the performance of any or all
Performance Obligations will continue until either:
(1) Contractor demonstrates to KIB's satisfaction that Contractor is ready, willing
and able to resume timely and full performance of all Performance
Obligations; or,
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(2) KIB is capable of making alternative arrangements for providing MSW
Management Services and/or Recycling service, in its judgment comparable
to Contract Services in scope and price, which may include contracting
with another service provider.
c. Notice. KIB may give Contractor 24-hour oral notice that KIB is exercising any
or all of KIB' s rights under this Section. The oral notice will be effective
immediately, but to remain effective, within another 24 hours KIB must confirm
that oral notice with a written Notice.
d. KIB Purchase or Lease of Service Assets. Should KIB elect to exercise its
authority to perform the Contract Services as provided in this Section 15.09,
Contractor shall enter into good faith negotiations for the sale or lease to KIB of
all Service Assets reasonably necessary to do so, consistent with Section 3.03.
SECTION 16: SUSPENSION OR TERMINATION OF CONTRACT
16.01 KIB's Right to Suspend or Terminate.
a. Contractor is willing to agree to commercially -standard suspension and
termination provisions tied to the matters of default addressed in Section 15, but
only after the right to cure period in the 16.01 f.
b. Termination Events. KIB may, in its sole discretion, terminate this Contract
should any of the following Termination Events occur:
(1) Contractor's Default;
(2) Contractor's Breach due to Uncontrollable Circumstances, which remains
uncured for a period of 30 days;
(3) Any Contract Provision, as defined in Section 22, is ruled
unconstitutional, illegal, invalid, non-binding or unenforceable by any court
of competent jurisdiction, regardless of whether it is deemed severable; or,
(4) Any Guarantor transfers the Guaranty without the consent required by
the Guaranty, and on or before 15 days after the transfer, the Guarantor
does not provide KIB with a substitute Guarantor or alternative financial
credit support satisfactory to KIB.
c. Suspension Events. Upon the occurrence of any Termination Event, KIB
may, in lieu of Termination, and in its sole discretion, suspend this Contract, in
whole in or in part, for no longer than 30 days. During the suspension period
Contractor will have the opportunity to demonstrate to the satisfaction of KIB that
Contractor can once again fully perform Contract Services. If Contractor so
demonstrates to satisfaction of KIB in its sole discretion, KIB's right to suspend
or terminate this Contract will cease and Contractor may resume providing
Contract Services. If Contractor does not so demonstrate, KIB may terminate
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this Contract and exercise its additional rights and remedies.
d. Notice to Contractor. KIB will give Contractor a Notice of Termination or
Suspension effective atthe following times:
(1) Immediately or upon other period stated by KIB with respect to the following
Defaults, more fully described in Section 15.03:
(i) Failure of Contractor to provide adequate Performance Assurances; or,
(ii) Insolvency, bankruptcy, liquidation, to the extent permitted by Applicable
Law (Insolvency, Bankruptcy, Liquidation);
(2) Upon Contractor's receipt of Notice with respect to any other Default,
unless KIB specifies an alternative date in the Notice; or,
(3) Such other date as KIB may specify in the Notice.
e. Reduction in Fee Upon Partial Suspension. If KIB suspends a portion of this
Contract or the Contractor's Performance Obligations, Contractor will continue to
fully perform its remaining Performance Obligations and the Contractor Service
Fee will be adjusted to reflect reductions in Performance Obligations.
If. Contractor's Right to Cure. Should KIB at any time, contend that Contractor
has breached any material provision of this Agreement, KIB shall immediately
notify Contractor in writing of KIB's contention. Contractor shalt have a
reasonable time to cure any such alleged breach, which in all events shall not be
less than thirty (30) calendar days, or any such longer period as reasonably
needed to cure said breach, provided Contractor initiated curing the breach
within such thirty (10) calendar day period unless agreed to in writing by the
borough, and continues to diligently pursue such breach. If Contractor fails to
cure the breach within such time, KIB may terminate this Agreement and/or
pursue any other remedy provided for in this Agreement, at law or in equity.
Classes of breach that are not subject to the "notice and cure" requirements —
especially breaches resulting from the violation of laws, including laws governing
life and safety.
Contractor shall only have a right to cure if it has not committed the same breach
3 times within the preceding 12 months.
16.02 Criminal Activity.
a. Notice. Contractor will immediately give Notice to KIB of either of the following
with respect to Contractor or any Contract Manager (except for the Contract
Manager in a Position of influence):
(1) Conviction of a Criminal Activity ("Conviction"); or,
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(2) Plea of guilty or nolo contendere to a Criminal Activity ("Plea").
Contractor will promptly give Notice to KIB of any of those convictions
or pleas with respect to the Contractor Manager in a Position of Influence.
b. Cure. Upon the occurrence of any conviction or plea defined in Subsection a,
Contractor immediately will do or cause to be done both of the following:
(1) Terminate from employment anyone in a Position of Influence or remove
from office anyone in a Position of Influence, unless otherwise directed
or ordered by a court or Regulatory Authority of competent jurisdiction
and/or authority, and unless termination would subject Contractor, an
Affiliate or any of its Contract Managers to substantial liability for breach
of any labor agreement entered into before the Contract Commencement
Date; and,
(2) Refrain from employing or appointing that individual or individuals
responsible for the Criminal Activity from any other Position of influence.
c. KIB remedies. in the event that Contractor or any Affiliate fails to effectuate
the cure described in Subsection b, or the Criminal Activity is related to this
Contract or occurs within the KIB' s municipal boundaries, KIB may either
suspend or terminate this Contract as it deems proper.
d. Limitations on Contractor Manager. Contractor shall not permit any Person
to serve as Contractor Manager who has previously been convicted of a
Criminal Activity, or plead "guilty" or "nolo contendere" to any Criminal Activity.
SECTION 17: TRANSFER OF CONTRACT.
17.01 Transfer by Contractor.
a. Acknowledgment. Contractor
evidence to KIB with respect
qualifications to provide Contract
expertise and qualifications were
into this Contract with Contractor.
acknowledges that Contractor submitted
to Contractor's experience, expertise and
Services, and that Contractor's experience,
material considerations of KIB in entering
b. KIB Consent Required. Contractor will not Transfer, in whole or in part,
voluntarily or involuntarily, this Contract, the Guaranty, or any rights or duties in
this Contract or under the Guaranty, without KIB's Assembly's prior, written
consent, which consent shall not be unreasonably withheld, conditioned, or
delayed. Contractor may not circumvent KIB's consent rights by securing Goods
or Services from a Subcontractor.
Contractor acknowledges that in its submitted proposal to provide Contract
Services and enter into this Agreement it described the experience,
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qualifications, and operations not only of Contractor itself, but of the following
companies that are wholly owned by Contractor as of the Contract
Commencement Date: (together, "Contractor's
Operations"). Furthermore, in its proposal Contractor did not take an exception
to its Performance Obligation to provide the Guaranty. Therefore, in lieu of
providing the Guaranty, Contractor will not Transfer in whole or in part,
voluntarily or involuntarily any of Contractor's Operations without KIB consent,
given in KIB's sole discretion. For purposes of this Performance Obligation
and KIB right, the definition of 'Transfer", the "Contractor" is deemed to
include "Contractor's Operations.
c. Contractor request. Without obligating KIB to give consent, Contactor will
demonstrate to KIB' s satisfaction that the proposed transferee has the
operational and financial ability to satisfy Performance Obligations. KIB is not
obligated to consider any proposed Transfer by Contractor if Contractor is in
Breach at anytime during KIB's consideration.
d. Payment of KIB's Transfer Costs.
(1) Transfer De osit. Contractor must make any request for KIB's consent to
a Transfer in the manner prescribed by KIB. Contractor must pay KIB the
Transfer Deposit before KIB will consider Contractor's request. "Transfer
Deposit" means lesser of the following refundable amounts:
(i) $1,500 or,
(ii) KIB's anticipated Transfer Costs.
(2) Additional Transfer Costs. Within 30 days of KIB's request, Contractor
will further pay KIB's additional Transfer Costs in excess of the Transfer
Deposit, whether or not that KIB approves the Transfer. "Transfer Costs"
means such KIB Reimbursement Costs resulting from its:
(i) Consideration and review of Contractor's request for Transfer;
(ii) Investigation regarding the suitability of the proposed transferee;
(iii) Determination of whether or not to consent; and,
(iv) Preparation of those documents necessary to effectuate the Transfer.
(3) KIB's Reimbursement Costs of Enforcement. Within 30 days of KIB's
request, Contractor will pay KIB's Reimbursement Costs for fees and
investigation costs as KIB deems necessary to enjoin the Transfer or
to otherwise enforce this Section.
e. Novation. If K113 consents to Transfer of this Contract, upon request of the
transferee, KIB will execute a novation under which the Person which is the
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transferee Contractor assumes all the rights and Performance Obligations of
the transferor Contractor.
SECTION 18: THE PARTIES
18.01 Independent Contractor. The Parties agree and the Contractor acknowledges
as follows:
a. Contractor is an independent entity and contractor engaged by KIS and not
KIB's Related Party or a party to any joint venture with KIB.
b. No employee or agent of Contractor is deemed to be KIB's Related Party.
c. Contractor will have the exclusive control over the manner and means of
performing Contract Services and over all Persons performing Contract
Services.
d. Contractor is solely responsible for the acts and omissions of Contractor's
Related Parties, none of whom is deemed to be KIB's Related Party.
e. Nothing in this Contract may be construed as creating an arrangement for
handling Unpermitted Waste.
f. Neither Contractor nor any of Contractor's Related Parties will obtain any
rights to retirement benefits, workers' compensation benefits, or any other
benefits that accrue to KIS employees and Contractor expressly waives any
claim it may have or acquire to those benefits.
g. Contractor bears the sole responsibility and liability for furnishing workers'
compensation and all other benefits required by law to any individual for
injuries arising from or connected with Contract Services.
18.02 Parties in Interest. Nothing in this Contract, whether express or implied, is
intended to confer any rights on anyone other than the Parties and the Parties'
respective representatives, successors and permitted assigns. Related Parties are
third party beneficiaries of provisions in this Contract that reference them.
18.03 Binding on Successors. The provisions of this Contract will inure to the benefit
of and be binding on the successors and permitted assigns of the Parties.
18.04 Further Assurances. Each Party agrees to execute and deliver any instruments
and to perform any acts as may be necessary or reasonably requested by the
other to give full effect to this Contract, including Contractor Documentation.
Contractor will complete Contractor Documentation satisfactory to KIB by the
Contract Commencement Date.
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18.05 Actions of KIB in Its Governmental Capacity. Nothing in this Contract may be
interpreted as limiting the rights and obligations of KIB in its governmental or
regulatory capacity.
18.06 Contractor's Obligations Performed at Its Sole Expense. Contractor will perform
Contract Services solely for the compensation expressly provided for in this
Contract.
18.07 Parties Representatives.
a. KIB
(1) Identification. The KIB Representative is the Manager or his or her
designee, as may be amended upon Notice to Contractor by KIB in KIB' s
sole discretion.
(2) Delegation_ By authorizing the execution of this Contract. KIB delegates to
the KIB Representative the authority to exercise KIB's rights, remedies
and options under this Contract and administer this Contract, except with
respect to the following, which must be approved by the KIB Governing Body:
(i) Extending the Term for an additional year or more;
(ii) Suspending orTerminating this Contract;
(iii) Approving or disapproving Transfer of this Contract;
(iv) Amending this Contract, including amendments to the Contractor
Service Fee due to changes in operations pursuant to Section I
1.03e, but not to annual adjustments pursuant to Section 11.03b;
(v) Indemnities; and,
(vi) Exercising any delegation of authority contrary to Applicable Law.
b. Contractor Representative. The Contractor Representative is named in
Contractor Documentation. The Contractor Representative must have at least 5
years of experience in Solid Waste collection services before being named
Contractor Representative. The Contractor Representative is authorized to act on
behalf of Contractor in the satisfaction of all Performance Obligations and
exercise of Contractor's rights and options under this Contract.
18.08 Due Diligence. Contractor acknowledges that MSW Management Services and
Recycling Services, including Contract Services, are highly regulated under
Applicable Law, and that waste management is a public health and safety
concern. Contractor agrees that it will exercise due diligence in performing Contract
Services.
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18.09 No Use of KIB Name. Contractor will not conduct any business related to its
Performance Obligations under this Contract using any name referencing KIB,
or otherwise applies association with or ownership by KIB.
18.10 Subcontractors.
a. Subcontracts exceeding $50,000. Contractor will not engage any
Subcontractor in an amount exceeding $50,000 for any individual Subcontractor
without KIB's prior approval of the Subcontract and Subcontractor. Any
Subcontract entered into without KIB's prior approval is void. Contractor will
identify approved Subcontractors in Contractor Documentation.
b. Contractor Responsibility. Contractor is solely responsible for directing the
work of Subcontractors and paying Subcontractors' compensation.
c. Removal. KIB may require Contractor to remove any approved Subcontractor
for any of the following reasons:
(1) Its failure to provide Contract Services;
(2) Its non-compliance with Applicable Law, or
(3) Its engagement in conduct that, in KIB's judgment, is abusive, rude or
unsafe.
d. Reference to Subcontractors. Specific reference to Subcontractors under this
Contract (such as with respect to compliance with Applicable Law and meeting
Insurance requirements) does not imply that lack of specific reference to
Subcontractors elsewhere under this Contract Exempts Subcontractors from
complying with this Contract.
SECTION 19: AMENDMENTS
19.01 Amendments.
a. Means of Amendment. Amendments to Contract rights, remedies and
options, unless delegated to the KIB Representative, will be effective upon
completion of the following actions:
(1) Authorization and direction of KIB Governing Body;
(2) Consent of the Contractor; and,
(3) Due execution by the Parties of a written amendment to this Contract
reflecting those changes.
b. Consent by Representatives. All other Amendments to this Contract will be
effective upon completion of the following:
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(1) Consent of the KIB Representative, except for Contractor's amendments
to Contractor Documentation that do not require KIB consent;
(2) Consent of the Contractor Representative, except for amendments to this
Contract that do not require Contractor consent; and,
(3) Due execution by the Parties of text reflecting those changes. Examples
of those amendments include the following:
(i) Amendments not listed in Subsection a;
(ii) Contractor Documentation; and,
(iii) Exhibits or Attachments to this Contract (except with respect to
Contractor Service Fee other than annual adjustments).
c. Due execution. For purposes of this Section, "due execution" of amendments
to the text of this Contract means that the Parties' authorized representatives:
(1) Witness and sign the written amendment in the form provided on the
signature page of this Contract; and,
(2) Warrant that they are authorized to execute the amendment.
SECTION 20• NOTICES, CONSENTS, AND APPROVALS
20.01 Notices. Notices must be given at the addresses provided in Contractor
Documentation attached to this Contract, as follows:
a. By Email or facsimile, promptly followed by personal or mailed delivery;
b. By personal delivery to the Contractor Representative or KIB Representative,
as the case may be;
c. By deposit in the United States mail first class postage prepaid (certified mail,
return receipt requested); or,
d. By commercial delivery service providing delivery verification.
Notice by KIB to Contractor of a missed pick-up or a Customer problem or
complaint may be given to Contractor orally by telephone to Contractor
Representative or other Contractor personnel responsible for taking complaints
from KIB orthe public.
Parties may change their address upon Notice to the other Party.
20.02 Writing Requirements. All Notices, reports, demands, requests, directions,
selections, option exercises, orders, proposals, reviews, comments,
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acknowledgments, approvals, agreements, consents, waivers, certifications and
other communications made under this Contract must be in writing, except the
following:
a. Oral communication is explicitly authorized; and,
b. Communication with respect to routine Contract administration, such as
submitting Records or Reports, correcting Reports or, discussing Customer
complaints.
20.03 Exercise of Options. Parties will exercise any approval, disapproval, consent,
acceptance, option, discretion, election, opinion or choice under this Contract, make
a requirement under this Contract, or interpret this Contract ("Discretionary Action")
in a manner that is reasonable. Recognizing the essential public health and
safety protections this Contract serves, where this Contract specifically provides
that the exercise of any Discretionary Action is in either Party's independent, sole,
exclusive or absolute discretion, control or judgment, the other Party will not
question or challenge the other Party's exercise thereof. Parties will nevertheless
exercise their rights and remedies in good faith as required by Applicable Law.
Any mediator or court must find the Party's exercise to be reasonable.
SECTION 21: INTEGRATIONS, GOVERNING LAW, AND VENUE
21.01 Integrations. This Contract contains the entire agreement between the Parties
with respect to their rights and obligations under this Contract. This Contract
completely and fully supersedes all prior understandings and agreements between
the Parties with respect to their respective rights and obligations, including those
contained in each of the following:
a. Requests for proposals;
b. Proposals;
c. Memoranda;
d. Correspondence;
e. Telephone calls;
f. Field trips;
g. Interviews;
h. Negotiations, and,
I. Meetings of the KIB Assembly, and other commission, committees, and boards.
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21.02 Governing Law. The Parties' respective rights and obligations pursuant to this
Contract shall be determined according to, and governed by, the laws of the State
of Alaska
21.03 Severability.
a. Generally. Should any court of competent jurisdiction hold that any clause,
sentence, provision, section, subsection, exhibit, or attachment of this
Contract is unconstitutional, illegal, invalid, non-binding, or otherwise
unenforceable, such determination shall not affect any of the remaining
provisions of this Contract. This Contract will be construed and enforced as if
the Contract Provision did not exist, and the Parties will as a result:
(1) Promptly meet and negotiate a substitute for the Contract Provision and
any related amendments, deletions or additions to other provisions of this
Contract which together effect the Parties' original intent to the greatest
extent allowable under Applicable Law; and,
(2) If necessary or desirable to accomplish preceding item (1), apply to the
court that declared said invalidity for a judicial construction of the
substituted Contract Provision and any amendments, deletions or additions
to this Contract. Within 10 days of any KIB's request, Contractor will pay
KIB half of the Direct Costs of that application.
However, if any Contract Provision with respect to KIB direction to a Solid
Waste Management Facility is ruled unconstitutional, illegal, invalid, non-
binding or unenforceable by any court of competent jurisdiction, then KIB in
its sole discretion may either:
(1) Sever that Contract Provision and construe and enforce this Contract
under this Section; or,
(2) Terminate this Contract.
b. Contractor's Waiver of Certain Legal Challenges Contractor agrees not to
challenge the constitutionality, legality, validity, enforceability or binding nature
of either of the following provisions of this Contract:
(1) Contractor's obligation to deliver Refuse to KIB Landfill; and,
(2) Contractor's obligation to deliver any other type of Solid Waste (such as
recyclables) to any other Solid Waste Management facility as directed by
KIB.
21.04 New Contract. This Contract is a new obligation between the Parties and is a
novation, substitution and replacement for any present or prior contracts or
agreements between the Parties connected with or related to MSW Management
Services.
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29.05 Venue. Any civil action arising from this Contract shall be brought in the Superior
Court, Third Judicial District, State of Alaska
21.06 Costs. The non -prevailing Party in any dispute involving this Contract shall pay the
prevailing Party's reasonable Reimbursement Costs, including attorney's fees.
SECTION 22: ADDITIONAL TERMS AND CONDITIONS
Notwithstanding anything herein to the contrary: (a) Contractor shall have no
obligation to collect or transport any material which is or contains, or which
Contractor reasonably believes to be or contain, radioactive, volatile, corrosive,
highly flammable, explosive, biomedical, infectious, biohazardous, toxic or
hazardous material as defined by applicable federal, state or local laws or
regulations ("Excluded Waste"); (b) if Contractor finds what reasonably appears
to be discarded Excluded Waste, Contractor shall promptly notify the KIB and the
producer of the Excluded Waste, if the producer can be readily identified; and (c)
title to and liability for any Excluded Waste shall remain with the producer of the
Excluded Waste, even if Contractor inadvertently collects or disposes of such
Excluded Waste.
2. Customers and the KIB must comply with any description of and/or procedures
with respect to removal of contaminants or preparation of recyclable materials as
reasonably provided by Contractor. If any customer or the KIB fails to do so,
Contractor may decline to collect such materials without being in breach of the
contract. Contractor shall not be responsible for and has not made any
representation regarding the ultimate recycling of such recyclable materials by
any third -party facilities.
3. Notwithstanding anything herein to the contrary, to the extent supplied by
Contractor, in the event that a container becomes lost, unsightly, unsanitary,
broken, or unserviceable because of the acts or omissions of a customer or the
KIB (excluding normal wear and tear), the customer or KIB (as the case may be)
will be charged for the resulting repairs or replacement and such amounts will be
paid to Contractor upon demand.
Any equipment furnished hereunder by Contractor shall remain the property of
Contractor; however, the customers and the KIB (as applicable) shall have care,
custody and control of the equipment while at the service locations. Customers
and the KIB shall not overload (by weight or volume), move or alter the
equipment, and shall use the equipment only for its proper and intended purpose.
Customers and the KIB must provide unobstructed access to the equipment on
the scheduled collection day. The word "equipment" as used in the contract shall
mean all containers used for the storage of non -hazardous solid waste.
5. Except for the payment of amounts owed hereunder, neither party hereto shall be
liable for its failure to perform or delay in its performance hereunder due to
contingencies beyond its reasonable control including, but not limited to, strikes,
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riots, compliance with laws or govemmental orders, inability to access a
container, fires, inclement weather and acts of God, and such failure shall not
constitute a breach under the contract.
SECTION 23: DEFINITIONS
Affiliate means a Person that, directly or indirectly, through one or more intermediaries,
controls, or is controlled by, or is under common control with, Contractor. For the purpose
of this definition, "control" has the meaning provided in Rule 144 of the Securities Act of
1993.
Affiliate Parent means an Affiliate that, directly or indirectly, through one or more
intermediaries, controls Contractor.
Annual Report means the Report required under Section 10.03 in form and content
satisfactory to KIB.
Applicable Laws means any or all of the following enacted, adopted, promulgated, issued,
ruled, ordered, determined or otherwise made by any Regulatory Authority that apply to
or govern Contract Services or the performance of the Parties' obligations under this
Contract:
(1) Laws, statutes
(2) rules, regulations
(3) guidelines,
(4) Permits,
(5) actions, determinations, orders, or
(6) other requirements, including Applicable Law concerning the following:
(7) health,
(8) safety,
(9) fire,
(10) laborrelations,
(11) mitigation monitoring plans,
(12) building codes,
(13) zoning,
(14) non-discrimination,
(15) Vehicles: such as:
(i) air emissions (smog checks); tires; documentation through maintenance
log or otherwise of a safety compliance report; Vehicle highway
lighting, flashing and warning lights, clearance lights, a n d
warning flags; registration; weight limits; cleaning; enclosure /water-
tight beds;
(ii) The appropriate class of drivers' licenses issued by the State
Department of Motor Vehicles;
(iii) any State laws relating to operating equipment construction, safety, and
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parking and identification,
(16) Carts: such as:
a. maintenance and placement of Carts;
b. placing Contractor's name and telephone number on Receptacle;
(17) Labor:
(i) Drug and alcohol testing;
(ii) The Occupational Safety and Health Act, (29 U.S.C. §651 et seq.),
including the Solid Waste Disposal Facility Criteria promulgated by the
U.S. EPA on October 9, 1991 (40 C.F.R., Parts 257 and 258); and
corresponding State requirements;
(iii) immigration Reform and Control Act of 1986 (PL.99-603);
(18) Environmental Protection:
(i) CERCLA;
(ii) RCRA;
(iii) Clean Air Act, (42 U.S.C. §1351 et seq., 42 U.S.C. §7401-7642) and
Clean Water Act, and;
(iv) corresponding State requirements;
(v) Emergency Planning and Community Right to Know Act, (42 U.S.C.
§11001 etseq.);
(vi) regulations governing the recovery of ozone-depleting refrigerants
during the Disposal of air conditioning or refrigeration equipment,
including 40 C.F.R. Part 82;
(vii) any wash -down requirements for containers, trucks or facilities,
(19) KIB Code,
(20) Miscellaneous:
(i) Civil Rights Act of 1964 (Sub chapter VI or Chapter 21 of Title 42);
(ii) Customer's privacy rights.
Reference to Applicable Law includes amendments and supplements to or
replacement, restatement or recodification occurring after the Contract Commencement
Date.
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Base Service Level is described on the Contractor Service Fee Schedule.
Bear Cart means a cart designed to be resistant to opening by bears.
Breach means Contactor's failure to fully and timely meet any Performance Obligation.
Bulky items) means any large item of Solid Waste that can be safely lifted by two
individuals using a dolly, generated at Residential Premises and discarded at Residential
Set -out Sites, such as the following:
(1) furniture, including metal desks and storage cabinets,
(2) pianos and organs,
(3) televisions,
(4) large appliances, including washers, driers, refrigerators, freezers, dishwashers
and stoves,
(5) toys, bikes and dismantled swing sets,
(6) lawn mowers and snow blowers with no gas or oil in them, up to 4 auto or
pickup tires per Customer each calendar month, with rims removed,
(7) any item (other than lumber) that can be cut or broken-down meeting the
following requirements:
(i) no longer than 4 feet in length,
(ii) weighing no more than 70 pounds.
Bulky Items does not mean the following:
(1) material generated at non -Residential Premises, including commercial business
operations,
(2) bundled Yard Waste, branches,
(3) sod, soil and rock,
(4) broken concrete and asphalt,
(5) brick, block and stone,
(6) railroad ties or similar type of retaining wall timbers,
(7) remodeling debris, including shingles,
(8) carpeting,
(9) sinks, concrete laundry tubs and cast-iron plumbing fixtures,
(10) windows and doors,
(11) lumber,
(12) animal waste, including all excrement from domestic animals and fowl, and all
hay, straw or other materials that have been used for animals' or fowls'
bedding,
(13) liquids, including paint,
(14) hazardous waste, including household hazardous waste,
(15) fuel oil tanks,
(16) any automotive parts (including vehicle batteries and tires).
C&D Debris means any Solid Waste discarded in Dumpsters or Roll Off Containers that
Contractor must Collect under Section 6.05, such as the following:
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(1) bundled Yard Waste, branches,
(2) sod, soil and rock,
(3) broken concrete and asphalt,
(4) brick, block and stone,
(5) railroad ties or similar type of retaining wail timbers,
(6) remodeling debris, including shingles,
(7) carpeting,
(8) sinks, concrete laundry tubs and cast-iron plumbing fixtures,
(9) windows and doors,
(10) lumber.
Calendar Year means a period of 12 months of 365 or 366 consecutive days beginning
January 1 and ending December 31. (Compare "Contract Year')
Cardboard Recycling Container means a roll off container or dumpster with a
narrow opening or slot on the side of the container that will require cardboard boxes
to be first flattened in order to allow the cardboard material to be inserted into the
container.
Cart means a wheeled receptacle that can be emptied by either semi- or fully -
automated vehicles.
Change in Law means the following changes occurring after the Contract
Commencement Date:
(1) the adoption, promulgation, repeal, modification, amendment or other change
in Applicable Law or change in judicial or administrative interpretation
thereof occurring, other than:
(1) laws with respect to taxes based on or measured by net income, or
(ii) any unincorporated business, payroll or Contract taxes levied by any tax
governmental authority (other than any taxes levied by KIB that are
obligations of Contractor and not merely fees that Contractor must
collect on behalf of KIB), or
(iii) employment taxes;
(2) any order or judgment issued by a Regulatory Authority that binds
Contractor or has a material impact on Contract Service:
(i) if the order or judgment is not also the result of the willful misconduct
or negligent action or inaction of the Party relying thereon or of any
third party for whom the Party relying thereon is directly responsible; and
(ii) unless excused in writing from so doing by the other Party, the Party
relying thereon will make or have made, or will cause or have caused
to be made, Reasonable Business Efforts (such as retaining counsel)
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to contest the order or judgment (it being understood that contesting in
good faith an order or judgment will not constitute or be construed as a
willful misconduct or negligent action of that Party); or
(3) the imposition by a Regulatory Authority of any new or different material
conditions in connection with the issuance, renewal, or modification of any
Permit; or,
(4) a Regulatory Authority's
(i) failure to issue or renew any Permit,
(ii) delay in issuing or renewing any Permit, or
(iii) suspension, interruption ortermination of, any Permit;
provided the failure, delay, suspension or termination is not due to the
willful misconduct or negligent action or inaction of the Party relying
thereon or any third party for whom the Party relying thereon is directly
responsible.
Collect, Collection or Collecting other form thereof means pick-up and removal of
discarded Solid Waste required under this Contract.
Collection Commencement Date means the date described in Section 3.01, on
which Contractor shall begin providing certain Customer Collection services. (Compare
"Contract Commencement Date ".)
Collection Hours means the time during which Contractor may collect solid waste
under the KIB Code.
Commercial describes Persons (such as Customers) or things (such as Carts, Premises
or types of Solid Waste) in the Contract Service Area that are not Residential or Multi-
family.
Commercial Customer means a Customer who owns or occupies a Commercial
Premise.
Commercial Premise means each Premise containing that is not a Residential Premise
or Multi -family premise, such as businesses.
Compactor means a receptacle containing a ram that pushes and compresses waste
into a container or bale.
Compensatory Damages means "Compensatory Damages" described in Section 15.
Contract means this agreement, including all:
(1) Sections;
(2) Exhibits; and,
(3) Other appended documentation, including Attachments, Exhibits and
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documentation, which are incorporated in this Contract by reference as if fully
set forth herein.
Contract Commencement Date means the date on which this Contract is signed by both
Contractor and KIB. (Compare "Collection Commencement Date")
Contract Manager means the following:
(1) Contractor Representative
(2) Contractor's officers
(3) Contractor's directors, and
(4) any individual in a Position of influence.
Contract Service means the MSW Management Services that Contractor must provide for
Customers under this Contract, including all Performance Obligations, the future
Collection of Recyclables if agreed to by the Parties, Collection from Roll -offs,
Customer billing and collection, and Transportation of Collected MSW to the KIB
landfill). (Compare "MSW Management Services".)
Contract Service Area means all land within the boundaries of KIB where Customer's
premises can be served by roads.
Contract Service Asset Document means a document that encumbers or limits
Contractor's interest in a Contract Service Asset or that evidences Contractor's
ownership interest in the Contract Service Asset, such as:
(1) lease -purchase agreement,
(2) installment purchase agreement,
(3) financing statement, mortgage or other instrument establishing a security
interest to or by Contractor,
(4) if requested by KIB, documents related to Contractor's rights with respect to the
Contractor Service Asset, such as Cart warranties, and
(5) if requested by KIB, documents related to operation and maintenance of the
Contractor Service Asset.
Contract Service Assets means all property, both tangible and intangible (such as
facility leases or equipment installment purchase agreements) used directly or indirectly
in performing Contract Services, including the following:
(1) vehicles,
(2) receptacles,
(3) operation I maintenance equipment and facilities,
(4) administrative/ office equipment (such as computer hardware and software,
telephones/telefax) and offices.
Contract Service Asset Inventory means a listing of all Contract Service Assets that
includes a description of the type, size, year in service, comments regarding condition (if
relevant), and useful service life for each asset.
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Contract Service Day means a weekday or Saturday on which Contractor must
perform Contract Services, Holidays excepted. (Compare "day" and 'KJB Business Day
ll)
Contract Service Exceptions means:
(1) Solid Waste Not Properly Placed in Receptacles: discarded Solid Waste (other
than any Bulky Item) that is not placed inside a Receptacle.
(2) Any Receptacle that weighs more than limits prescribed on Receptacle's
manufacturer warranty or other documentation acceptable to KIB and noted on
the Receptacle.
(3) Receptacle or Bulky Items Not Placed at Proper Set -out Site: a Receptacle
is not discarded at the Set -out Site, or a Bulky Item or excess Refuse is not
discarded atthe Set -out Site under 4.04.
(4) Unsafe Condition: The Set -out Site is not safely accessible to Vehicles or
Contractor's employees.
(5) Unpermitted Waste or Unsafe Materials: Contractor observes Unpermitted
Waste in a Receptacle or at the Set -out Site.
(6) Any customer with a past due balance of 90 -days or greater will no longer be
offered a refuse cart for curbside collection and will instead be billed the rate for
residential roll -off container service. Once the customer's balance is paid in full, the
customer will again be offered a refuse cart for curbside collection.
Contractor means:
(1) The Person named and signing the signature page of this Contract;
(2) Any Transferee approved by KIB pursuant to Section 17;
(3) For the purposes of indemnities, Contractor and Contractor's Related Parties.
Contractor's actions and Performance Obligations include reference to any Subcontractor's
actions under this Contract, as applicable, without specifying in each instance that
Contractor must directly take those actions itself, or cause its Subcontractors to take
those actions on Contractor's behalf.
Contractor Documentation means documentation provided by Contractor to KIB under
this Contract in form and content satisfactory to KIB, including those documents set forth in
Exhibit B.
Contractor Office means any office and other bases of operation located in KIB.
Contractor Office Hours means at least 8:00 a.m. to 5:00 p.m. Monday through Friday
(Holidays excepted).
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Contractor Payment Obligations means amounts Contactor owes to KIB, including:
(1) damages, including Liquidated Damages and Compensatory Damages;
(2) reimbursements to KIB, including KIB's Reimbursement Costs;
(3) any other amounts provided in this Contract, such as costs of applying to courts
for judicial construction of Contract Provisions.
Contractor Phone Hours are hours (excepting Holidays) between the following times:
(1) 8:00 a.m. and 5:00 p.m., Monday through Friday,
Contractor Representative means the individual or individuals authorized by Contractor
under Section 18.07 and listed in Contractor Documentation. (Compare 'KIB
Representative")
Contractor's Reimbursement Costs means Contractor's Direct Costs plus 10% thereof.
(Compare XIB's Reimbursement Costs.)
Contractor's Related Parties means Contractor's employees, partners, officers, agents,
Subcontractors, attorneys, consultants, licensees, invitees and Affiliates. Contractor's
Related Parties are third party beneficiaries of provisions that reference them. (Compare
XIB's Related Parties".)
Contractor Service Fee means the amount listed on the Contractor Service Fee Schedule.
Contractor Service Fee Schedule means the schedule set forth at Section 11.01.
Contractor Transition Plan means Contractor Documentation consisting of the plan
required by Section 4, which has been approved by KIB.
Contract Year means each 12 -month period commencing July 1 and ending June 30,
or with respect to less than 12 -month periods following execution, termination or
execution of the Agreement, the portion of that 12 -month period. (Compare "Calendar
Year':)
Criminal Activity means any of the following:
(1) fraud or criminal felony offenses in connection with obtaining, attempting to
obtain, procuring or performing a public or private agreement related to
recyclables, yard waste, construction and demolition debris, garbage, refuse, or
any other solid waste or MSW Management Services of any kind (including
collection, hauling, transfer, processing, composting or disposal), including this
Contract;
(2) bribery or attempting to bribe a public officer or employee of a Regulatory
Authority; or
(3) embezzlement, extortion, racketeering, false claims, false statements, forgery.
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falsification or destruction of records, obstruction of justice, knowingly receiving
stolen property, theft, or misprision (failure to disclose) of a felony; or
(4) unlawful disposal of hazardous, designated or other waste; or
(5) violation of the following:
(i) securities or antitrust laws (such as laws relating to price-fixing, bid -rigging
and sales and market allocation), and
(ii) unfair and anti-competitive trade practice laws, including with respect to
inflation of waste collection, hauling or disposal fees.
Cubic Yard means 46,656 cubic inches.
Customer or Customers means a Person who subscribes for Contract Services from
Contractor.
customer Complaint Protocol means the protocol under Section 9.03 in form and
content satisfactoryto KIB. Itis Contractor Documentation.
Customer Service Subscription is Contractor Documentation consisting of the service
order form prescribed by Section 9.08, as approved by KIB.
Day means a calendar day. (Compare "KIB Business Day" and "Contract Service Day".)
Default means "Default" as defined and described in Section 15.
Direct Costs means the sum of the following:
(1) payroll costs directly related to the performance, or management or supervision
of any obligation under the provisions of this Contract, comprised of
compensation and fringe benefits, including vacation, sick leave, holidays,
retirement, workers' compensation insurance, federal and state unemployment
taxes and all medical and health insurance benefits, plus
(2) the costs of materials, services, direct rental costs and supplies, plus
(3) travel and subsistence costs, plus
(4) the reasonable costs of any payments to Subcontractors (with respect to
Contractor) or contractors (with respect to KIB) or third party's necessary to and
in connection with Performance Obligations; plus
(5) any other cost or expense which is direct or normally associated with a task
performed; plus
(6) reasonable litigation costs and expenses, including attorneys' fees (including
the reasonable value of the services rendered by KIB Counsel's Office)
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AGENDA ITEM #14.A.2.
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investigation fees and expert witness fees.
Which Direct Costs are substantiated by:
(7) a certificate signed by the principal financial officer of Contractor or an authorized
representative of KIB, as the case may be:
(i) setting forth the amount of the cost and the reason why the cost is
properly chargeable to KIB or Contractor, as the case may be, and
(ii) stating that the cost is an arm's length and competitive price, if there are
competitive prices, for the service or materials supplied; and if KIB or
Contractor requests, as the case may be, the additional back-up
documentation to substantiate any Direct Cost, including invoices from
suppliers, Subcontractors and contractors.
Direct Costs excludes profit or return on investment.
Disposal or Dispose or other form thereof means final deposition or destruction of Solid
Waste.
Diversion or Divert means activities that reduce or eliminate the amount of Solid Waste
from disposal.
Drive-in Service means when the contractor is required to leave the public right-of-way
and enter a driveway, private road, or private property.
Dumpster means a receptacle for discarded solid waste that has slots to allow pick-up
by the forklifts, generally a metal box with lid also referred to as "bin" or"container".
Elderly or Handicapped means any Residential Customer who meets the following criteria:
(1) has handicapped status recognized by the State Department of Motor Vehicles, or
(2) is over 65 years old as evidenced by birth dates on driver's licenses, birth
certificates, passports, green cards or other documentation issued by a
Regulatory Authority, and
(3) provides written representation that he or she is functionally unable to roll his or
her Refuse Cart to the curb, and that there 'is no one else residing in that
Customer's premises who is functionally able to roll that Refuse Cart to the curb.
Electronic Waste means discarded computers/monitors/equipment, office electronic
equipment, entertainment device electronics, mobile phones, television sets, and other
materials with electronics that may be Recyclable.
Goods or Services means goods or services used in providing Contract Services,
including the following:
(1) labor,
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(2) leases and subleases,
(3) equipment,
(4) supplies,
(5) capital,
(6) insurance, if the insurer is an Affiliate,
(7) bonds or other credit support if the surety or other provider is an Affiliate; and
(8) legal, risk management, general and administrative services.
Guarantor means the Person executing the Guaranty.
Guaranty means the guaranty in a form approved by KIB, and signed by Guarantor.
Herein, Hereof, Hereunder and variations mean "in this Contract', "of this Contract",
"under this Contract'; "hereinbefore" and "hereinafter" mean before and after the
Contract Commencement Date, respectively.
Holidays means days on which KIB offices are closed for business to the public,
comprised on the Contract Commencement Date of the following days:
(1) New Year's Day,
(2) Martin Luther King Day
(3) President's Day
(4) Seward's Day
(5) Memorial Day,
(6) Independence Day,
(7) Labor Day,
(8) Veteran's Day
(9) Thanksgiving Day and the day after Thanksgiving and,
(10) Christmas.
Including or Include or variations thereof means "including without limitation, "including,
but not limited to" and "including, at a minimum".
indemnities or Indemnity or Indemnification or variations thereof means Contractor's
obligation to hold KIB harmless, and all such related defenses, indemnities and releases
under this Contract.
Insurance means the insurance coverages required by Section 13.
KIB means the following:
(1) the Kodiak Island Borough;
(2) any transferee of Kodiak Island Borough; and,
(3) for purpose of Indemnities, Kodiak Island Borough's Related Parties.
KIB Business Day means any day on which KIB Administration office is open to do
business with the public. (Compare "Contract Service Day".)
KIB Code means municipal law of KIB.
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KIB Governing Body means KIB Assembly.
KIB Office Hours means the hours of any KIB Business Day on which KIB
Administration office is open to do business with the public. (Compare 'Contractor Office
Hours".)
KIB Representative means the individual holding the position named by KIB under
Section 18.7 (Compare "Contractor Representative")
KIB's Reimbursement Costs means KIB's Direct Costs plus 15%. (Compare
"Contractor's Reimbursement Costs")
KIB's Related Parties means KIB's officers, employees, agents, contractors, attorneys,
administrators, affiliates, representatives, servants, insurers, heirs, assigns, volunteers
and each and every one of them. They are third party beneficiaries of provisions in this
Contract that reference them. (Compare "Contractor's Related Parties")
KIB Landfill means the landfill owned by KIB.
Letter of Credit means the letter of credit described m Section 13.03. It is Contractor
Documentation.
Liabilities and Losses means all of the following:
(1) liabilities;
(2) lawsuits;
(3) claims;
(4) complaints;
(5) causes of action;
(B) citations;
(7) investigations;
(8) demands;
(9) clean-up orders;
(10) damages (including actual, special, consequential and punitive) whether in
contract or in tort, such as natural resource, property and personal injury
damages;
(11) costs and expenses, including
(i) all costs and expenses of litigation, mediation or arbitration, accountant
fees, engineer's fees, attorney's fees (whether KIB's or Contractor's staff
attorneys or outside attorneys) and other consultant's fees, expert
witness fees, and court costs; and,
(ii) response remediation and removal costs.
(12) losses;
(13) debts;
(14) liens;
(15) mediation, arbitration, legal or administrative proceedings;
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(16) interest;
(17) fines, charges, penalties; and,
(18) other detriments of every nature and description, whether under state or federal
law.
Liquidated Damages are described in Section 15.01 and Exhibit C.
Monthly Meeting means the meeting prescribed by Section 10.03.
MSW Management Services means:
(1) collection, transportation, storage, transfer, or processing of solid waste; and/or
(2) arranging for disposal of solid waste.
Multi -family describes Persons (such as Customers) or things (such as Carts or types of
Solid Waste) in the Contract Service Area that are not Residential.
Multi -family Customer means a Customer who owns or occupies a Multi -Family Premise.
Multi -family Premises means premises that are not residential premises (and therefore
contains 4 or more dwelling units) including apartment complexes and trailer courts.
Non -Collection Notice means a notice in form and substance satisfactory to KIB left by
Contractor in event of Contract Service Exceptions, such as Discard of Unpermitted
Materials.
Notice or Notify or other variation thereof means notice given under Section 20. "Due
Notice" or"Notice duly given", refers to Notice given under Section 20.
Own, Owner or Ownership or other variation there or has the meaning provided in the
constructive ownership provisions of Section 31 B(a) of the Internal Revenue Code of 1986,
as in effect on the Contract Commencement Date, except that
(1) 10% is substituted for 50% in Section 318(a)(2)(C) and in Section
318(a)(3)(C) thereof;
(2) Section 318(a)(5)(C) is disregarded, and
(3) ownership interest of less than 10 percent is disregarded and percentage
interests is determined on the basis of the percentage of voting interest or
value which the ownership interest represents, whichever is greater.
Party and Parties means the following 2 Persons, individually and together:
(1) KIB, and
(2) Contractor.
Performance Assurances means each and every Indemnity, Insurance, Letter of
Credit and Guaranty, and any other instrument described in Section 13.
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Performance Obligations means each and every obligation and liability of Contractor
under this Contract.
Permit means any of the following, of whatever kind and however described that
Applicable Law requires Contractor to obtain or maintain with respect to satisfaction of
Performance Obligations, as renewed or amended from time to time:
(1) permit;
(2) registration;
(3) order;
(4) license (including business license);
(5) approval;
(6) authorization;
(7) consent; and,
(8) entitlement
Person means any of the following:
(1) individual;
(2) sole proprietorship
(3) firm;
(4) association;
(5) organization;
(6) partnership (whether limited or general);
(7) corporation;
(8) trust;
(9) joint venture;
(10) Regulatory Authority' or,
(11) any other entity
Position of Influence means a position of authority or responsibility to directly or
indirectly administer, manage, direct, supervise or oversee Contract Services or this
Contract, including the following:
(1) Affiliate Parents' officers;
(2) Affiliate Parents' directors;
(3) individual who reviews or negotiates Contractor's contracts (including this
Contract);
(4) individual who provides in-house legal services;
(5) Affiliate insurer (captive insurance),
(6) Guarantor, and
(7) Affiliate surety or other Person providing Performance Assurance.
Premises means a tract of land with habitable buildings located in the Contract Service
Area and safely accessible by Vehicles.
Processing means solid waste:
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(1)
reduction;
(2)
separation;
(3)
recovery;
(4)
conversion;
(5)
recycling; and,
(6)
composting.
Processing means `processing" of Solid Waste: it does not mean baling refuse.
Promptly or Prompt means as soon as practicable, but not more than two days. Quarter
means any of all of the following periods, as the context demands:
(1) January, February, March ("1st Quarter"),
(2) April, May, June ("2nd Quarter"),
(3) July, August, September ("3rd Quarter"),
(4) October, November, December ("4th Quarter").
Proposal means the response provided by the Contractor to the Residential and Solid
Waste Collection and Recycling Services Request For Proposal.
RCRA means the Resource Conservation and recovery Act (42 U.S.C. Section 6901 et
seq.
Reasonable Business Efforts means those efforts a reasonably prudent business
Person would expend under the same or similar circumstances in the exercise of that
Person's business judgment, intending in good faith to take steps calculated to satisfy
the obligation which that Person has undertaken to satisfy.
Receptacle means any Cart, Dumpster, Roll Off Container or other receptacle (such as
bags designed for solid waste discard, but not shopping or grocery bags) for storing
discarded Refuse.
Records means information relating to Contract Services and other Performance
Obligations, including documentation in any form or media, including:
(1) ledgers and books of account;
(2) invoices, vouchers and canceled checks;
(3) logs and correspondence;
(4) data and computations;
(5) files;
(6) reports;
(7) drawings, plans and designs (other than those
operations that do not involve Collection, such
plans and specifications); and,
(8) photographs.
Recyclables means Solid Waste that is recyclable.
82
respecting facilities or facility
as materials recovery facility
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Recyclables Processing Facility means the Contractor -operated facility where it
processes recyclables for shipment to markets.
Recycle, Recycling or Recyclable means the process of collecting, sorting, cleansing,
treating, and reconstituting materials that would otherwise become solid waste and
returning them to the economic mainstream in the form of raw material for new, reused,
or reconstituted products that meet the quality standards necessary to be used in the
market place.
Recycled Content Procurement Policy means KIB'S current buy -recycled policy, if any.
Recycling or Recycling Services means all activities related to managing Recyclables.
Refuse means Solid Waste comprised of rubbish, trash and garbage, excluding any
Bulky Item that Contractor Diverts.
Regularly Scheduled Collection Day(s) means the same day(s) each week on which
Contractor provides Collection to a Customer.
Regulatory Authority means each of the following that has jurisdiction over either Party
or this Contract:
(1) the United States;
(2) the State of Alaska and other states;
(3) KIB;
(4) governmental authorities, agencies and districts;
(5) governmental boards and commissions;
(6) federal, state and local courts; and,
(7) any other municipal, governmental or public bodies.
Report means any report that Contractor is obligated to provide under this Contract,
including Section 10.
Residential describes Persons (such as Customers) or things (such as Carts, Premises or
types of Solid Waste) in the Contract Service Area that reside or are related to Residential
Premises.
Residential Customer means a Customer who owns or occupies a Residential Premise.
Residential Premise means a premises meeting both of the following conditions:
(1) It contains one, two or three dwelling unit(s); and,
(2) Each dwelling unit is occupied by related individuals or by 5 or fewer
unrelated individuals.
Roll Off Container means an open -topped rectangular container for storage, collection
and transport of Solid Waste that are rolled on and off flatbed collection vehicles via winches
or reeving cylinders (hooks).
Rollout Service means taking the following actions by manual means:
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(1) dismounting from the Collection Vehicle,
(2) moving a Receptacle more than five feet (6) from its storage location indicated
on that Customer's Service Subscription (such as within enclosures or by
garages) to the Collection Vehicle for emptying, and
(3) returning the Receptacle to its storage location.
Senior Discount means the amount by which the Contractor Service Fee is reduced from
time to time by KIB for providing Contract Service to any Residential Customer who is
over 65 years old as evidenced to KIB by birth dates on driver's licenses, birth
certificates, passports, green cards or other documentation issued by a Regulatory
Authority.
Service Day means a weekday or Saturday, Holidays excepted, when Contractor must
provide Contract Service. (Compare "KIB Business Day".)
Set -out Site means the location agreed to by Contractor and the Customer and indicated
on the Customer Service Subscription or required by KIB, where Customer must place
its Carts for Collection, including:
(1) Residential curb: on the curb in front of Residential Premises; in the street
immediately adjacent to that curb or; if there is no curb, at the edge of
Customer's property abutting the street, unless Contractor provides Roll-out
Service or Up -the- Drive Service;
(2) Roll-out Service: at the storage location agreed upon between a
Residential Customer and Contractor and included on the Customer Service
Subscription; and.
(3) Up -the -Drive Collection: at the storage location agreed upon between a
Residential Customer and Contractor.
Solid waste means "municipal solid waste" defined under AS 46.03.900.
Solid Waste means municipal solid waste' discarded in Receptacles, other than
Unpermitted Waste, located in the Contract Service Area that Contract Must Collect,
including:
(1)
Refuse;
(2)
Recyclables;
(3)
Bulky Items; and,
(4)
CBD Debris,
Solid Waste Management Facility means the following facilities, individual and
together, as the context demands:
(1) KIB Landfill; and,
(2) any other facility that handles Solid Waste and that is approved by KIB.
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State means the State of Alaska.
Subcontract means any arrangement, formal or informal, written or merely in practice,
between Contractor and a Subcontractor, including:
(1) contracts or agreements;
(2) letters or memorandum of understanding or intent; and,
(3) subscription or purchase orders.
Subcontractor means anyone Person that provides Goods or Services related to
Collection, transportation or storage of Solid Waste or related to Service Assets,
including their operation, maintenance and repair, to or on behalf of Contractor.
Such as means for example.
Term of this Contract means the period beginning on the Contract Commencement Date
and ending on the Termination Date.
Termination Date means the date this Contract expires or is earlier terminated.
Termination Events are such instances as described in Section 16.01.
Ton (or Tonnage) means a short ton of 2,000 pounds avoirdupois.
Transfer means any of the following:
(1) selling, exchanging or otherwise transferring Ownership or control of
Contractor (through sale, exchange or other transfer of outstanding stock,
partnership shares, equity interest or otherwise);
(2) issuing new stock or selling, exchanging or otherwise transferring 20% or
more of the then outstanding common stock of, or partnership shares or equity
interest in, Contractor;
(3) any dissolution, reorganization, consolidation, merger, re -capitalization, stock
issuance or re -issuance, voting trust, pooling agreement, escrow arrangement,
liquidation, buy-out or other transaction which results in a change of Ownership or
control of Contractor;
(4) any assignment by operation of law, including insolvency or bankruptcy,
making assignment for the benefit of creditors, writ of attachment of an
execution, being levied against Contractor, appointment of a receiver taking
possession of any of Contractor's tangible or intangible property
(5) any sale or other transfer of 50% or more of the value of assets of Contractor
except for sales or transfers to parents, grandparents, siblings, children, and
grandchildren of persons having a shareholder, partnership or other equity
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AGENDA ITEM #14.A.2.
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interest in Contractor on the Contract Commencement Date ("Immediate
Family") or trust created primarily to benefit members of the Immediate Family;
(6) substitution by a surety company providing any performance bond of another
Person for Collector to perform Contract Services; and
(7) assumption of any of Contractor's rights under this Contract, or
(8) assumption by, delegation to or takeover of any Performance Obligations or
any other Contractor's duties or responsibilities under this Contract by any
Person other than Contractor, whether by Subcontract, unless approved by KIB
pursuant to the requirements of this Contract, or any other mechanism.
(9) any combination of the forgoing (whether or not in related or
contemporaneous transactions), without consideration, which has the effect of
any transfer or change of Ownership or control of Contractor. For the purpose
of this definition, "control" has the meaning provided in Rule 144 of the Securities
Act of 1993
Transition Plan means the Contractor Documentation consisting of the plan submitted
by the Contractor pursuant to Section 4, as approved by KIB.
Uncontrollable Circumstances) means any of the following events:
(1) any natural disaster such as landslide, lightning, earthquake, fire, flood,
tsunami, (other than reasonably anticipated weather conditions for the
geographic area of KIB, such as wind, rain or snow);
(2) sabotage, explosion;
(3) insurrection, riot or civil disturbance, war or other emergency affecting KIB
declared by the President of the United Sates or Congress of the United States,
the State Governor or KIB Governing Body;
(4) failure of public agency or private utility to provide and maintain water, power
or service in KIB or at Contractor's operations and maintenance yard or
administrative offices;
(5) other catastrophic events beyond the reasonable control of that Party and not
the result of willful or negligent action or inaction of that Party (other than the
contesting in good faith or the failure in good faith to contest that action or
inaction), which materially and adversely affects the ability of either Party to
perform any obligation under this Contract despite that Party's exercise of due
diligence.
Uncontrollable Circumstances excludes, without limitation:
(1) Breach, Default or Contractor's financial inability to satisfy its Performance
Obligations;
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AGENDA ITEM #14.A.2.
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(2) strikes, work stoppages or other labor disputes or disturbances of any
Subcontractor or Contractor's inability to hire adequate numbers of personnel
who are competent and skilled in the work to which they are assigned;
(3) failure of Contractor to obtain Permits and patents, licenses, or trademarks
necessary to perform Contract Services; and
(4) the failure of any Contract Service Asset to function under any warranties,
unless caused by Uncontrollable Circumstances.
Unpermitted Waste means materials that cannot be disposed of in the KIB Landfill under
Applicable Law of the State or KIS rules.
Unpermitted Waste Screening Protocol is Contractor Documentation cons1stmg of the
protocol that Contractor has submitted pursuant to Section 9.03, which has been
approved by KIB.
Vehicle means any truck used to provide Contract Services.
Violation means any noncompliance with Applicable Law as evidenced by written
notice, assessment or determination of any Regulatory Authority to Contractor, whether
or not a fine or penalty is included, assessed, levied or attached.
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AGENDA ITEM #14.A.2.
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SECTION 24: EXECUTION
24.01 Execution in Counterparts. This Contract may be signed in any number of
original counterparts. All counterparts will constitute but one and the same Contract,
24.02 Authority to Execute.
a. KIS. KIB warrants that its officers listed below have been duly authorized to
execute this Contract on its behalf
b. Contractor. Contractor warrants that the individuals listed below have been
duly authorized to execute this Contract on behalf of Contractor.
KODIAK ISLAND BOROUGH CONTRACTOR
Alaska, olitical l;dij?n
gy. By: . ,.All �2:z
Name: Michael Powers
Title: Boroug Manage
Dated: /
ATTEST:
By: {,
Name: Tara Welinsky
Title: Boro h Clerk
Dated: 7 1
Name: 14A ( )( c
Title: tJ��t/�� �� Ui[c �(e) 14 —4
Dated:
q3)q
7_kVEDS TO FORM,
KIB COUNSEL
Name: k b . D✓v d VBG ei'�
Title: Borough Attorney
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Dated: 23
EXHIBIT A
REQUEST FOR PROPOSAL
89
AGENDA ITEM #14.A.2.
Contract No. FY2019-25
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AGENDA ITEM #14.A.2.
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EXHIBIT B
LIQUIDATED DAMAGES
1. Liquidated Damages. Pursuant to Section 15.01 of the Exclusive Service Contract for
Residential and Commercial Solid Waste Collection and Recycling Services ("Contract")
executed by and between the Kodiak Island Borough ("KIB") and
("Contractor"), Contractor shall be liable to KIB for liquidated damages in the amount of
$75.00 for any first incident, $100.00 for any second incident within 12 months, and
$200.00 for every similar incident thereafter within 12 months, should KIB determine that
Contractor has committed certain breaches of its Performance Obligations. KIB's
assessment of Liquidated Damages does not preclude KIB from enforcing the KIB Code
for corresponding Violations.
2. Breaches for Which Liquidated Damages May Be Assessed.
a. f=ailure to provide Contract Services to any Customer, including missed pickups;
b. Failure to return emptied Containers to its Set -out site;
c. Failure to deliver any collected Solid Waste to a disposal facility approved by KIB;
d. Failure to maintain Records, including but not limited to Contractor's failure to
record a complaint;
e. Failure to timely respond to and resolve a customer complaint;
f. f=ailure to deliver, repair, replace or pick up Carts, Dumpsters or Roll -offs;
g. Failure to observe Collection schedule;
h. Failure to observe Contractor's Office Hours;
I. Failure to clean up litter, spills, and leaks;
j. Transportation of collected waste and recyclables in uncovered Collection
Vehicles;
k. Failure to provide KIB with timely access to Records;
I. Failure to display its telephone number on Vehicles;
m. Failure to return KIB telephone calls;
n. Failure to meet with KIB;
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o. Failure to remedy any violation of KIB code within five (5) days of any Notice of
Violation;
p. Failure to submit Reports, or any other required documentation, to KIB;
q. Failure to charge Customers consistent with the Contractor Service Fee Schedule;
r. Engaging in discourteous behavior toward Customers;
IE
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AGENDA ITEM #14.A.2.
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EXHIBIT C
CONTRACTOR'S PROPOSAL DOCUMENTS
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AGENDA ITEM #14.8.1.
KODIAK ISLAND BOROUGH
STAFF REPORT
JULY 18, 2024
4 '
�s ASSEMBLY REGULAR MEETING
SUBJECT: Resolution No. FY2025-05 A Resolution of the Kodiak Island Borough
Assembly Authorizing Disposal By Lease Of Lot 1 and Lot 9 U.S. Survey 2539
To The Kodiak Island Sportsman's Association For The Purpose Of Managing
The Salonie Creek Rifle Range And Providing a Range Caretaker's Site
ORIGINATOR: Meagan Christiansen, Grant Writer/Special Projects Support
RECOMMENDATION:
Move to adopt Resolution No. FY2025-05.
DISCUSSION:
Resolution No. 92-26 authorized the initial lease dated August 11, 1994, between the Kodiak
Island Borough and the Kodiak Island Sportsman's Association (KISA), a nonprofit
corporation, for the cooperative development and professional operation of a financially self-
sufficient shooting range for the benefit of the citizens of the Kodiak Island Borough on the
land described as Lot 9, U.S. Survey 2539, now known as the Salonie Creek Rifle Range. In
1996, Resolution No. 96-33 authorized the incorporation of Lot 1 into the lease to provide for
a caretaker's site. The original lease was extended twice, resulting in the maximum lease
period of twenty-five years as defined in KIBC 18.40.020.B. The expiration of the lease period
was August 11, 2019; completion of a new lease document was delayed due to staff turnover
and shortages in the Manager's department.
The expiration of the original lease requires that the disposal (by lease) process be
undertaken to initiate a new lease between the KIB and KISA. The Planning and Zoning
Commission has reviewed the disposal request, and their approved resolution is attached for
the Assembly's review. Borough staff and KISA's current President collaborated to draft a new
lease for the continued operation of the Salonie Creek Rifle Range. This lease contains an
initial term of five years with four options to extend the lease for an additional five years each.
Resolution No. FY2024-16 authorizing this disposa
before the Assembly on April 4, 2024 however the
certain language within the draft lease agreement.
representative from KISA and made changes that
maintain safety for users and visitors of the range.
ALTERNATIVES:
Amend, postpone, or fail to pass the resolution
FISCAL IMPACT:
OTHER INFORMATION:
I by the lease with KISA was brought
resolution failed due to concerns about
Staff members have consulted with a
address the Assembly's concerns and
KIBC 18.20.030 Review by planning commission — Assembly approval.
Except for disposal required by law:
A. Each disposal of borough land is subject to review by the planning commission before
submission to the assembly. The commission by resolution shall make a recommendation to
Kodiak Island Borough
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AGENDA ITEM #14.8.1.
KODIAK ISLAND BOROUGH
STAFF REPORT
JULY 18, 2024
ASSEMBLY REGULAR MEETING
the assembly regarding the proposed land disposal.
B. Borough land disposals that are not subject to approval by ordinance are subject to
approval by assembly resolution. The resolution shall specify the terms and conditions upon
which the disposal will be offered. [Ord. 80-28-0 §1, 1980].
KIBC 18.40.020 Negotiated Leases
B. The assembly may approve by resolution the issuance of a negotiated lease for a period
not to exceed 25 years to a nonprofit corporation or public utility at a reasonable rental rate
taking into consideration the purpose for which the real property is to be used.
Kodiak Island Borough
Resolution No. FY2025-05 A Resolution of the Kodiak Island Borough Assem... Page 154 of 232
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AGENDA ITEM #14.6.1.
KODIAK ISLAND BOROUGH
RESOLUTION NO. FY2025-05
A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AUTHORIZING
DISPOSAL BY LEASE OF LOT 1 AND LOT 9 U.S. SURVEY 2539 TO THE KODIAK ISLAND
SPORTSMAN'S ASSOCIATION FOR THE PURPOSE OF MANAGING THE SALONIE CREEK
RIFLE RANGE AND PROVIDING A RANGE CARETAKER'S SITE
WHEREAS, Kodiak Island Borough Code (KIBC) 18.20.030 requires review of each disposal
of borough land by the planning and zoning commission before submission to the assembly; and
WHEREAS, the code requires that the planning and zoning commission, by resolution, shall
make a recommendation to the assembly regarding the proposed land disposal referenced; and
WHEREAS, the planning and zoning commission has reviewed and recommended approval of
this disposal via their resolution number 2024-01; and
WHEREAS, the code states that borough land disposal not subject to approval by ordinance
are subject to approval by resolution; and
WHEREAS, when the borough acquired the Salonie Creek rifle range, it was intended that a
disposal by lease to the Kodiak Island Sportsman's Association (KISA) would be considered for
the purpose of managing the rifle range; and
WHEREAS, the code allows for the disposal by lease for up to twenty-five (25) years to a
nonprofit corporation at a reasonable rental rate, taking into account the purpose for which the
real property is to be used; and
WHEREAS, the original lease with KISA and subsequent extensions have met the twenty-five
year limit and a disposal by lease is requested to renew the lease agreement with KISA via this
resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH that the Kodiak Island Borough Manager is authorized to enter into a lease agreement
with the Kodiak Island Sportsman's Associate to manage the Salonie Creek Rifle Range and
occupy a range caretaker's site. The lease is subject to the following conditions:
1. Term not to exceed twenty-five (25) years; and
2. The lease shall provide for free access to publicly owned lands in the upper portions
of the valley through the leased track.
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS DAY OF , 2024
Resolution No. FY2025-05
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AGENDA ITEM #14.8.1.
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45 KODIAK ISLAND BOROUGH
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47 ATTEST:
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49 Scott Arndt, Borough Mayor
50 Nova M. Javier, MMC, Borough Clerk
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52 VOTES:
53 Ayes:
54 Noes:
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AGENDA ITEM #14.8.1.
Introduced by: Joe Grochmal
Requested by: Meagan Christiansen
Drafted by: Meagan Christiansen
Adopted:
KODIAK ISLAND BOROUGH
PLANNING & ZONING COMMISSION
RESOLUTION NO. FY2024-01
A RESOLUTION OF THE KODIAK ISLAND BOROUGH PLANNING AND
ZONING COMMISSION RECOMMENDING DISPOSAL BY LEASE OF
LOT 9 and LOT 1, USS 2539, COMMONLY KNOWN AS THE SALONIE
CREEK RIFLE RANGE AND RANGE CARETAKER'S SITE.
WHEREAS, The Kodiak Island Borough Manager's Office has requested disposal by
lease of Lot 9 and Lot 1, USS 2539; and
WHEREAS, Kodiak Island Borough Code (KIBC) 18.20.030 requires each proposed
disposal of Borough land by lease to be reviewed by the Planning & Zoning Commission
before submission to the Assembly; and
WHEREAS, the Planning & Zoning Commission is required under KIBC 18.20.030 to
make a recommendation to the Assembly by resolution regarding the proposed land
disposal by lease; and
WHEREAS, the principal purpose of the Planning & Zoning Commission review is to
consider if the identified land will be to the benefit of the public if disposed of by lease; and
WHEREAS, the parcel identified for disposal has been in use as a rifle range and range
caretaker's site for several decades; and
WHEREAS, the Planning & Zoning Commission has found that, following review, it would
be to the benefit of the public to dispose of the identified parcel by lease; and
WHEREAS, the Planning & Zoning Commission held a public hearing on February 21,
2024 to consider this land disposal request.
NOW, THEREFORE, BE IT RESOLVED BY THE KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION THAT:
Section 1: The Kodiak Island Borough Planning & Zoning Commission, in accordance
with Title 18 of the Kodiak Island Borough Code, recommends disposal by
lease of Lot 9 and Lot 1, USS 2539.
Section 2: The Kodiak Island Borough Planning & Zoning Commission, in accordance
with Title 18 of the Kodiak Island Borough Code, has determined, after a
public hearing on February 21, 2024, that disposal by lease of the
aforementioned property would be to the benefit of the public.
Kodiak Island Borough, Alaska
Resolution No. FY2024-01
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AGENDA ITEM #14.8.1.
49 Section 3: The aforementioned property should be disposed of by lease to Kodiak Island
50 Sportsmen's Association.
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53 ADOPTED BY THE KODIAK ISLAND BOROUGH PLANNING AND ZONING
54 COMMISSION THIS 215' DAY OF February 2024
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56 PLANNING AND ZONING COMMISSION
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65 Bronwyn Currie, CDD Permit Technician
Kodiak Island Borough, Alaska
Christopher Paulson, Chair
Resolution No. FY2024-01
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AGENDA ITEM #14.8.1.
Salonie Creek Rifle Range
GROUND LEASE
As authorized by Resolution No. of the Kodiak Island Borough, this Lease is made
and executed on 20 , by and between Kodiak Island Borough (KIB), a
municipal corporation, 710 Mill Bay Road, Kodiak, Alaska 99615 and Kodiak Island
Sportsman's Association (KISA), a non-profit corporation organized and existing under the laws
of the State of Alaska, Post Office Box 1098, Kodiak, Alaska 99615.
I. Preamble.
KIB and KISA have worked together cooperatively to develop and maintain a
professionally operated and financially self-sufficient shooting range for the benefit of the citizens
of the Kodiak Island Borough since 1992.
II. Demise, Description and Use of Premises.
KIB leases to KISA and KISA takes from KIB, for the purpose of conducting the business
of a shooting range the surface estate of those certain premises, situated in the Kodiak Island
Borough, Alaska, and more particularly described as follows:
Tract A Rifle Range; Lot 9, U.S. Survey 2539, according to plat of
dependent resurvey and subdivision thereof, accepted July 13, 1982
in the Kodiak Recording District, Third Judicial District, State of
Alaska, excepting therefrom the subsurface estate, and all rights,
privileges, immunities and appurtenances, of whatsoever nature,
accruing unto said estate pursuant to the Alaska Native Claims
Settlement Act of December 18, 1971 (85 Stat. 688, 794; USC 1601,
1613 (f) (1976)) and as conveyed in patent to Koniag, Inc., recorded
January 10, 1986 in Book 78 at Page 43; comprising 687.92 acres;
and
Tract B Caretakers Site; That portion within the Northwest 1/4 of
Section 6, Township 29 South, Range 20 West, Seward Meridian,
Kodiak, Alaska with a Point of Beginning at the intersection of the
Chiniak Highway Right of Way and the West boundary of the
existing access road to Salonie Creek, thence South along the
meander of the West boundary of the access road 660', thence due
West 330', thence due North 660', to the Southerly edge of the
Chiniak Highway Right of Way, then East along the meander of the
right of way to the Point of Beginning, containing 5 acres more or
less.
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AGENDA ITEM #14.8.1.
As used herein, the term "premises" refers to the surface estate of this real property and to
any improvements located on it from time to time during the term of this Lease. KISA
acknowledges that KIB has no ownership or other interest in the sub -surface estate of the Premises.
KISA's use of the Premises shall be limited to the purpose of developing and operating a
shooting range, and normal uses customarily included in that activity such as firearms safety
education and training, and for no other purpose. KIB understands that KISA may desire to use
the Premises for other purposes regularly or intermittently. However, before using the Premises
for any other purposes, KISA must obtain the express written consent from KIB. KIB agrees not
to unreasonably withhold its consent provided the goal of this Lease as described in the preamble
is promoted by the additional uses.
III. Term.
A. The initial term of this Lease shall be for five (5) years, commencing on
, and ending on . As used herein, the expression "term
hereof' refers to such initial term and to any renewal of it as provided in this Lease.
B. Tenant shall have the option to extend the initial term of lease up to four (4)
additional five (5) year periods. Tenant may exercise this option by providing written notification
to Landlord at lease sixty (60) days prior to the effective date of termination of this Lease
Agreement or any extension thereof.
C. The parties may mutually agree to earlier termination of this Lease at any time.
D. Emergency termination. The KIB reserves the right in case of emergency to
immediately terminate this Lease and take possession of the Premises. If the KIB exercises this
right, it assumes all obligations under any grants that KISA has obtained due to this Lease. In
addition, KISA will not be required to return the Premises to its original condition if the KIB
exercises this right.
IV. Rent.
Subject to adjustment as provided below, the rent for the term of this Lease shall be FIVE
HUNDRED DOLLARS ($500.00) per year, payable in advance on the first day of each year plus
the value of KISA's in-kind contributions.
The annual rent due shall be reviewed and adjusted by the KIB manager at the end of every
five-year term or whenever the agreement is amended or extended. Based on the original date of
the Lease agreement, periodic reviews will occur on or about , and in five-
year increments thereafter. Any changes or adjustments shall be based upon changes in the
appraised fair market value of the land and improvements being leased, excluding landfill and
other improvements placed upon the land by KISA as well as the value of KISA's in-kind
contributions.
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If the Lease is terminated because of any breach by KISA, as provided in this Lease, the
rental payment last made by KISA shall be forfeited and retained by KIB as partial or total damages
for the breach.
V. LWCF Grant.
This Lease is subject to all terms and conditions of the Land and Water Conservation Fund
Grant ("LWCF") obtained by KIB for the purchase and operation of the Premises. KISA shall
comply with all terms of the LWCF Grant, including the post -completion responsibilities attached
as Appendix A to this Lease. Without limiting the generality of the foregoing sentence, KISA
shall comply with the following grant requirements:
1. The project site must be operated and maintained in a manner which
encourages public participation.
2. Staffing and servicing must be such as to serve the public and maintain a
clean, safe environment for recreation.
3. Sanitation and sanitary facilities shall be maintained in accordance with
good housekeeping and applicable health standards.
4. Properties, facilities and equipment shall be kept reasonably safe for public
use.
5. All facilities and other improvements shall be kept in reasonable repair
throughout their estimated lifetime to prevent undue deterioration and to encourage public use.
6. The facility shall be kept open for public use at reasonable hours and times.
Restrooms shall be unlocked during normal hours of use.
7. The Premises shall be open to entry and use by all persons, regardless of
race, color, national origin, religion or sex, or who are otherwise eligible.
8. Discrimination on the basis of residence, including preferential reservation,
membership or annual permit systems, is prohibited. Fees charged to non-residents cannot exceed
twice that charged to residents.
9. The Premises must be accessible to and useable by all persons who have a
disability, including mobility, visual, hearing or mental impairments, to the highest degree feasible.
The parties understand that safety is a primary concern. To promote the safe operation of the
shooting range, KISA may place reasonable restrictions on when the facility may be used by those
with visual or mental impairments.
10. The Premises may not be converted to other than public outdoor recreational
uses.
KIB expressly acknowledges that it will be responsible for installation and maintenance of
all signs required to assure compliance with the LWCF grant. KISA expressly acknowledges that
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it will be responsible for installation and maintenance of all range markers and general firearm
safety signs.
VI. Uses Prohibited.
A. KISA shall not use, permit the Premises, or any part of the Premises, to be used,
for any purpose other than the purpose or purposes for which the Premises are leased. If the
Premises are devoted to a use other than that for which they are leased without consent of the KIB
Assembly, this Lease automatically terminates. KISA shall also comply with and abide by all
federal, state, borough, municipal, and other governmental statutes, ordinances, laws, and
regulations affecting the Premises, the improvements or any activity or condition on or in the
Premises. KIB and KISA shall coordinate the acquisition of any necessary environmental permits
needed for the operation of the shooting range.
B. Special Use limitations. KISA shall comply with the following special use
limitations unless the KIB consents, in writing, to modify these limitations:
1. KISA shall post the hours of operation for the shooting ranges with a phone
number where a responsible party can be reached. To address the requirements in Section V,
the range shall be open to the general public at a minimum of eight (8) hours per month.
Tannerite shall not be allowed for use on the site.
Shooting beyond the boundaries of the range shall not be allowed.
VII. Waste and Nuisance Prohibited, Lead Management Plan Required.
A. During the term of this Lease, KISA shall comply with all applicable laws affecting
the Premises, the breach of which might result in any penalty on KIB or forfeiture of KIB's title
to the Premises. KISA shall not commit, or suffer to committed, any waste on the Premises, or
any nuisance.
B. On or before one year from the date of this agreement, KISA shall develop a Lead
Management Plan based upon the with the Environmental Protection Agency's most current
version of the Best Management Practices for Lead at Outdoor Shooting Ranges (EPA's Best
Practices) to minimize and manage lead contamination of the Premises from this point forward;
and shall submit that plan to the KIB for- approval. KISA shall implement the appreved plan. If
the plan requires initial lead removal, KISA shall begin an initial lead removal operation on the
Premises within the first eighteen (18) months of Lease signing. Lessee shal remove all lea F
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business.
C. Hazardous Substances. Lessee may use or otherwise handle only those hazardous
substances typically used or handled in the prudent and safe operation of the permitted use allowed
under this Lease. Lessee shall refrain from causing Hazardous Substances, other than lead, to be
spilled, leaked, disposed of, or otherwise released on or under the property. Lessee may store such
Hazardous Substances on the property only in quantities necessary to satisfy Lessee's reasonably
anticipated needs. Lessee shall comply with all Environmental Laws and exercise the highest
degree of care in the use, handling, and storage of Hazardous Substances and shall take all
practicable measures to minimize the quantity and toxicity of Hazardous Substances used, handled,
or stored on the property.
D. The KIB reserves the right to require KISA to post financial security for
environmental cleanup of the site as required by the lead management plan as a condition of
extension of the Lease beyond the initial term. The amount and form of the financial security must
be approved by the Borough Manager.
VIII. Abandonment of Premises.
KISA shall not vacate or abandon the Premises at any time during the term hereof; if KISA
shall abandon, vacate or surrender the Premises, or be dispossessed by process of law, or otherwise,
any personal property belonging to KISA and left on the Premises shall be deemed to be
abandoned, at the option of KIB.
IX. KIB's Right of Entry.
KISA shall permit KIB and the agents and employees of KIB to enter into and upon the
demised Premises at all reasonable times for the purpose of inspecting the same, without any rebate
of rent and without any liability to KISA for any loss of occupation or quiet enjoyment of the
Premises thereby occasioned. KISA shall provide three (3) gate keys to the Kodiak Island
Borough.
X. Use of Material.
KISA shall not sell or remove for use off the Premises any timber, stone, gravel, peat moss,
topsoil, or any other material valuable for building or other commercial purposes, provided,
however, that material may be used only to the extent that KIB could use, if required, for the
development of the leasehold. Any removal of such material from the leasehold shall require
written approval from the KIB Manager and, for instances involving a commercial quantity, the
marker value shall be paid to the KIB or to the owner of the subsurface rights, as the case may be.
Additionally, KISA shall not utilize naturally deposited materials on or off-site without approval
from the KIB Manager.
XI. Subletting and Assignment.
KISA shall not sublet or assign or transfer this Lease, or any interest in it, without the prior
written consent of the KIB Assembly, and a consent to an assignment or sublease shall not be
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AGENDA ITEM #14.8.1.
deemed to be a consent to any subsequent assignment or sublease. Any such assignment or
sublease without such consent shall be void, and shall, at the option of KIB, terminate this Lease.
Neither this Lease nor the leasehold estate of KISA nor any interest of KISA hereunder in the
Premises or any building or improvements on the Premises shall be subject to involuntary
assignment, transfer, or sale, or to assignment, transfer, or sale by operation of law in any manner
whatsoever, and any such attempted involuntary assignment, transfer, or sale shall be void and of
no effect and shall, at the option of KIB, terminate this Lease.
XIL Notices.
All notices, demands, or other writings in this Lease provided to be given or made or sent,
or which may be given or made or sent, by either party hereto the other, shall be deemed to have
been fully given or made or sent when made in writing and deposited in the United States mail,
registered and postage prepaid, and addressed as follows:
on '4
Kodiak Island Borough
Attention: Borough Manager
710 Mill Bay Road
Kodiak, Alaska 99615
To KISA:
Kodiak Island Sportsman's Association
Attention: President
Post Office Box 1098
Kodiak, Alaska 99615
XIII. Taxes and Assessments.
A. Taxes as Additional Rental. As additional rental hereunder, KISA shall pay and
discharge as they become due, promptly and before delinquency, all taxes, assessments, rates,
charges, license fees, municipal liens, levies, or excises, whether general or special, or ordinary or
extraordinary, of every name, nature and kind whatsoever, including all governmental charges of
whatsoever name, nature, or kind, which may be levied, assessed, charged, or imposed, or which
may become a lien or charge on or against the Premises, or any part of the Premises, the leasehold
of KISA herein, any building or buildings, or any other improvements now or hereafter thereon,
or on or against KISA's estate hereby created which may be a subject of taxation, or on or against
KIB by reason if its ownership of the surface estate underlying this Lease, during the entire term
hereof, excepting only those taxes hereinafter specifically excepted.
B. Contesting Taxes. If KISA shall in good faith desire to contest the validity or
amount of any tax, assessment, levy, or other governmental charge herein agreed to be paid by
KISA, KISA shall be permitted to do so, and to defer payment of such tax or charge, the validity
or amount of which KISA is so contesting, until final determination of the contest, on giving to
KIB written notice thereof prior to the commencement of any such contest, which shall be at least
thirty (30) days prior to delinquency.
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C. Disposition of Rebates. All rebates on account of such taxes, rates, levies, charges,
or assessments required to be paid and paid by KISA under the provisions hereof shall belong to
KISA, and KIB will, on the request of KISA, execute any receipts, assignments, or other
acquittances that may be necessary in the Premises in order to secure the recovery of any such
rebates, and will pay over to KISA any such rebates that may be received by KIB.
D. Receipts. KISA shall obtain and deliver receipts or duplicate receipts for all taxes,
assessments, and other items required hereunder to be paid by KISA, promptly on payment thereof.
XIV. Construction of Buildings and Other Improvements.
Prior to constructing, altering, improving, charging or placing any buildings or
improvements on the Premises, KISA shall, at KISA's sole expense, prepare plans and
specifications describing the proposed work. Such plans and specifications shall be submitted to
KIB for KIB's written approval or any revisions required by KIB. KIB shall not unreasonably
withhold such approval. In the document approving the plans and specifications, KIB shall specify
the time within which work is to commence and the time within which the work is to be completed.
In the event KIB does not approve the plans and specifications, KIB shall give to KISA an itemized
statement of reasons. For purposes of the paragraph the term "buildings and improvements"
includes, by example and not limitation, buildings to be moved to or erected on the Premises which
shall provide for and support a shooting range, range improvements, public restrooms, and access
for handicapped shooters. KISA shall be responsible for compliance with any applicable laws and
to obtain any permits required for work under this section.
KISA shall not undertake any culvert removal and/or replacement without prior written
approval by KIB. KIB shall not unreasonably withhold such approval.
KISA shall not perform any excavation within wetlands on the range site without notifying
KIB and obtaining all regulatory permits that such work requires.
XV. Repairs of Improvements.
A. KISA acknowledges that it will have the possession of the Premises and will be in
the best position to assure that the Premises and improvements are well maintained. Therefore,
KISA shall, throughout the terms of this Lease, keep and maintain the Premises, including all
buildings and improvements of every kind which may be on the Premises, and all appurtenances
to those buildings and improvements, including adjacent sidewalks, in good, sanitary, and neat
order, condition and repair, and, except as specifically provided herein, restore and rehabilitate any
improvements of any kind which may be destroyed or damaged by fire, casualty, or any other
cause whatsoever except damage caused by KIB's agents which exercising KIB's right of entry
(Paragraph IX, above) and right of way (Paragraph XXVIII, below). While KISA is a non-profit
volunteer organization, it is expected to use the Premises in such a manner to generate adequate
revenue to provide funds for routine maintenance.
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B. KIB shall not be obligated to make any repairs, replacements, or renewals of any
kind, nature, or description, whatsoever to the Premises or any buildings or improvements on the
Premises, except damage caused by KIB's agents while exercising KIB's right of entry (Paragraph
IX, above) and right of way (Paragraph XXVIII, below).
XVI. Utilities.
KISA shall fully and promptly pay for all water, gas, heat, light, power, telephone service,
and other public utilities of every kind furnished to the Premises throughout the term of this Lease,
and all other costs and expenses of every kind whatsoever of or in connection with the use,
operation, and maintenance of the Premises and all activities conducted thereon, and KIB shall
have no responsibility of any kind for any of these costs or expenses.
XVII. Liens.
KISA shall keep all and every part of the Premises and all buildings and other
improvements at any time located on the Premises free and clear of any and all mechanics',
materialmen, and other liens for or arising out of or in connection with:
1. work or labor done, services performed, or materials or appliances use or
furnished for or in connection with any operations of KISA; or
2. any alteration, improvement, or repairs or additions which KISA may make
or permit or cause to be made, or any work or construction, by, for, or permitted by KISA on or
about the Premises; or
any obligations of any kind incurred by KISA.
KISA shall, at all times, promptly and fully pay and discharge any and all claims on which
any lien may or could be based, and to indemnify KIB and all of the Premises and all buildings
and improvements on the Premises against all such liens and claims of liens and suits or other
proceedings.
XVIII. Indemnification of HIB.
KIB shall not be liable for any loss, injury, death, or damage to persons or property which
at any time may be suffered or sustained by KISA or by any person whosoever may at any time be
using or occupying or visiting the demised Premises or be in, on, or about the same, whether such
loss, injury, death, or damage shall be caused by or in any way result from or arise out of any act,
omission, or negligence of KISA or of any occupant, subtenant, visitor, or user of any portion of
the Premises, or shall result from or be caused by any other matter or thing whether of the same
kind as or of a different kind than the matters or things above set forth, and KISA shall defend and
indemnify KIB against all claims, liability, loss, or damage whatsoever on account of any such
loss, injury, death, or damage except loss, injury, death or damage caused by right of way
(Paragraph XIX, below). KISA hereby waives all claims against KIB for damages to the building
and improvements that are now on or hereafter placed or built on the Premises and to the property
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of KISA in, on, or about the Premises, and for injuries to persons or property in or about the
Premises, for any cause arising at any time except loss, injury, death or damage caused by KIB's
agents while exercising KIB's right of entry (Paragraph IX, above) and right of way (Paragraph
XXVIII, below).
XIX. Attorneys' Fees.
If any action at law or in equity shall be brought for or on account of any breach of, or to
enforce or interpret any of the covenants, terms, or conditions of this Lease, or for the recovery of
the possession of the demised Premises, the prevailing party shall be entitled to recover from the
other party as part of the prevailing party's costs a reasonable attorneys' fee, the amount of which
shall be fixed by the court and shall be made a part of any judgment or decree rendered.
XX. Redelivery of Premises.
KISA shall pay all sums required to be paid by KISA hereunder in the amounts, at the
times, and in the manner provided in this Lease, and shall keep and perform all the terms and
conditions of this Lease on its part to be kept and performed, and, at the expiration or sooner
termination of this Lease, peaceably and quietly quit and surrender to KIB the Premises in good
order and condition subject to the other provisions of this Lease. In the event of the non-
performance by KISA, of any of the covenants of KISA undertaken herein, this Lease may be
terminated as herein provided.
XXI. Remedies Cumulative.
All remedies hereinbefore and hereafter conferred on KIB shall be deemed cumulative and
no one exclusive of the other, or of any other remedy conferred by law.
XXII. Insurance.
A. Insurance Coverage of Premises. KISA shall, at all times during the term of this
Lease and at KISA's sole expense, keep all improvements which are now or hereafter a part of the
Premises insured against loss or damage by fire and extended coverage hazards for one hundred
percent (100%) of the full replacement value of such improvements, with loss payable to KIB and
KISA as their interests may appear. Any loss adjustment shall require the written consent of both
KIB and KISA.
B. General Liability Insurance. KISA shall maintain in effect throughout the term of
this Lease liability insurance covering the Premises and its appurtenances in the amount of Two
Million Dollars ($2,000,000.00) for injury to or death of any person or persons in one occurrence,
and property damage liability insurance in the amount of One Million Dollars ($1,000,000.00).
Such insurance shall specifically insure KISA against all liability assumed by it hereunder, as well
as liability imposed by law, and shall insure both KIB and KISA but shall be so endorsed as to
create the same liability on the part of the insurer as though separate policies had been written for
KIB and KISA.
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AGENDA ITEM #14.8.1.
C. Proof of Insurance. KISA shall provide a copy of its insurer's Certificate of
Insurance upon each renewal or change of insurance coverage.
E. Cost of Insurance Deemed Additional Rental. The cost of insurance required to be
carried by KISA in this section shall be deemed to be additional rent hereunder.
XXIII. Prohibition of Involuntary Assignment; Effect of Bankruptcy, or Insolvency.
A. Prohibition of Involuntary Assignment. Neither this Lease nor the leasehold estate
of KISA nor any interest of KISA hereunder in the Premises or in the buildings or improvements
on the Premises shall be subject to involuntary assignment, transfer, or sale, or to assignment,
transfer, or sale by operation of law in any manner whatsoever (except through statutory merger
or consolidation, or devise) and any such attempt at involuntary assignment, transfer, or sale shall
be voice and of no effect.
B. Effect of Bankruptcy. Without limiting the generality of the provisions of the
preceding sub -paragraph (a) of this paragraph, KISA agrees that in the event any proceedings
under the Bankruptcy Act or any amendment thereto be commenced by or against KISA, and, if
against KISA, such proceedings shall not be dismissed before either an adjudication in bankruptcy
or the confirmation of a composition, arrangement, or plan or reorganization, or in the event KISA
is adjudged insolvent or makes an assignment for the benefit of its creditors, or if a receiver is
appointed in any proceeding or action to which KISA is a party, with authority to take possession
or control of the Premises or the business conducted thereon by KISA, and such receiver is not
discharged within a period of thirty (30) days after his appointment, any such event or any
involuntary assignment prohibited by the provisions of the preceding sub -paragraph (a) of this
paragraph shall be deemed to constitute a breach of this Lease by KISA and shall, at the election
of KIB, but not otherwise, without notice or entry or other action of KIB terminate this Lease and
also all rights of KISA under this Lease and in and to the Premises and also all rights of any and
all persons claiming under KISA.
XXIV. Notice of Default.
A. Major Defaults. The obligations and responsibilities of KISA as described in
Paragraphs X, XXII and XXIII of this Lease are of major importance to KIB. KISA shall be in
default of its obligations under this Lease if any of the events required by or prohibited by those
paragraphs. Prior to exercising its remedies as described in Paragraph XXV, KIB shall first give
to KISA five (5) days. If KISA does not cure the default, KIB may proceed with its remedies as
described in Paragraph XXV.
B. Default in Payments. KISA shall be in default of its obligations under this Lease if
it fails to pay rent or any other moneys as required by this Lease. Prior to exercising its remedies
as described in Paragraph XXV, KIB shall first give to KISA thirty (30) days written notice of the
default. KISA must cure the default within those thirty (30) days. If KISA does not sure the
default, KIB may proceed with its remedies as described in Paragraph XXV.
KIB-KISA Salonie Creek Range Lease — Page 10 of 15
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AGENDA ITEM #14.8.1.
C. Other Defaults. KISA shall not be deemed to be in default of any of its other
obligations under this Lease unless KIB shall first give to KISA sixty (60) days written notice of
such default, and KISA fails to cure such default within such sixty-day period. If KISA does not
then cure the default, KIB may proceed with remedies as described in Paragraph XXV. If the
default is of such a nature that it cannot be cured within sixty (60) days, KISA must commence to
cure the default within such period of sixty (60) days and provide KIB in writing, during the
original sixty (60) day notice period, with the date by which default will be cured. If KISA does
not cure the default by that date, KIB may proceed with its remedies as described in Paragraph
XXV.
XXV. KIB's Remedies upon KISA's Default.
A. Re-entry. Subject to the notice requirements of Paragraph XXIV, in the event of
any default or breach of this Lease by KISA, KIB, in addition to the other rights or remedies it
may have, shall have the immediate right of re-entry and may remove all persons and property
from the Premises; such property may be removed and stored in a public warehouse or elsewhere
at the cost of, and for the account of KISA. Should KIB elect to re-enter, as herein provided, or
should it take possession pursuant to legal proceedings or pursuant to any notice provided for by
law, KIB may either terminate this Lease or it may from time to time, without terminating this
Lease, re -let the Premises or any part of the Premises for such term or terms (which may be for a
term extending beyond the term of this Lease) and at such rental or rentals and on such other terms
and conditions as KIB in the sole discretion of KIB may deem advisable with the right to make
alterations and repairs to the Premises.
B. Richt to Perform. Alternatively, in the event of any default or breach of this Lease
by KISA and KISA failure to cure as required by Paragraph XXIV, then KIB may, but shall not
be required to, do or perform or cause to be done or performed such act or thing (entering on the
Premises for such purposes, if KIB shall so elect), and KIB shall not be or be held liable or in any
way responsible for any loss, inconvenience, annoyance, or damage resulting to KISA on account
thereof, and KISA shall repay to KIB on demand the entire expense thereof, including
compensation to the agents and employees of KIB. Any act or thing done by KIB pursuant to the
provisions of this section shall not be or be construed as a waiver of any such default by KISA, or
as a waiver of any covenant, term, or condition herein contained or the performance thereof, or of
any other right or remedy of KIB, under this Lease, or otherwise.
C. Interest. All amounts payable by KISA to KIB under any of the provisions of this
Lease, if not paid when the same become due as in this Lease provided, shall bear interest from
the date they become due until paid at the rate of 10.5 percent per annum, compounded annually.
XXVI. Surrender of Lease.
Upon termination of the Lease, the KISA shall peaceable and quietly leave, surrender, and
yield up unto KIB all of the Leased Premises. The voluntary or other surrender of this Lease by
KISA, or a mutual cancellation of the Lease, shall not work a merger, and shall, at the option of
KIB, terminate all or any existing subleases or subtenancies, or may, at the option of KIB, operate
as an assignment to it of any or all such subleases or subtenancies.
KIB-KISA Salonie Creek Range Lease — Page 11 of 15
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AGENDA ITEM #14.8.1.
XXVII. Disposition of Improvements on Termination of Lease.
A. If the expiring leasehold is not to be re -offered for Lease, the following schedule
shall apply:
1. Subject to Paragraph XXV(A), improvements owned by the KISA shall,
within ninety (90) calendar days after the termination of the Lease, be removed by KISA, provided
such removal will not cause injury or damage to the Premises or improvements, and further
provided that the KIB Manager may extend the time for removing such improvements in cases
where hardship is proven. All periods of time granted KISA to remove improvements are subject
to KISA's paying to the KIB pro rata lease rentals for the period.
2. If any improvements or chattels not owned by KISA which have an
appraised value in excess of five thousand dollars, as determined by the KIB assessor or appraiser,
are not removed within the time allowed, such improvements or chattels shall, upon thirty (30)
days' notice to KISA, be sold at public sale under the direction of the KIB Manager. The proceeds
of the sale shall inure to the KISA if it placed the improvements or chattels on the Premises, after
deducting for KIB's rents due and owing, expenses incurred in making such sale and any other
sums owed to KIB under this Lease. If no responsible bids are received, title to such improvements
or chattels shall vest in the KIB.
3. If any improvements or chattels having an appraised value of five thousand
dollars or less, as determined by the KIB assessor or appraiser, are not removed within the time
allowed, such improvements and chattels shall revert to, and absolute title shall vest in, the KIB.
B. If the expiring leasehold is to be re -offered for lease or sale within one year of the
Lease termination, and the improvements have been allowed to remain in place, KIB shall state
when re -offering the real property:
1. The estimated value of the authorized improvements remaining on the land
placed there by KISA;
2. That the purchaser or new tenant will be required, as a condition of the sale
or lease, to purchase the improvements from KISA for an amount equal to the value specified.
XXVIII. Right -Of -Way.
KIB expressly reserves the right to reasonable ingress or egress over and across the Leased
Premises for the purposes of construction, repairing, maintaining, or replacing any utility or road
right-of-way which KIB is authorized to construct or maintain and to grant to itself reasonable
easements over and through the Leased Premises for these purposes. Annual rentals may be
adjusted to compensate KISA for loss of use of the Leased Premises. KIB agrees to coordinate
with KISA to minimize the disruption to KISA's use and enjoyment of the Premises. This includes
co -locating any roads with the road utilized by KISA. To prevent the disruption in any of KISA's
scheduled events, KISA will provide KIB with a schedule of events on a quarterly basis. KIB
KIB-KISA Salonie Creek Range Lease — Page 12 of 15
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AGENDA ITEM #14.8.1.
agrees that is will not make or allow the use to be made of any rights-of-way during a KISA
scheduled event, except in an emergency situation.
KIB reserves the right to grant easements or rights-of-way over and across leased land if it
is determined in the best interest of the KIB to do so and by doing so the KIB an KISA remain in
compliance with the requirements of the LWCF grant. If KIB grants an easement or right-of-way
across any of the Premises, KISA shall be entitled to damages for all KISA-owned improvements
destroyed or damaged. Damages shall be limited to improvements only, and loss shall be
determined by fair market value. Annual rentals may be adjusted to compensate KISA for loss of
use of the Premises.
XXIX. Waiver.
The waiver by either parry of, or the failure of either party to take action with respect to
any breach of any term, covenant, or condition herein contained by the other party shall not be
deemed to be a waiver of such term, covenant, or condition, or subsequent breach of the same, or
any other term, covenant, or condition therein contained. The subsequent acceptance of rent
hereunder by KIB shall not be deemed to be a waiver of any preceding breach by KISA or KIB of
any term, covenant, or condition of this Lease, other than the failure of KISA to pay the particular
rental so accepted, regardless of KIB's knowledge of such preceding breach at the time of
acceptance of such rent. The subsequent payment of rent hereunder by KISA shall not be deemed
to be a waiver of any preceding breach by KIB of any term, covenant, or condition of this Lease
regardless of KISA's knowledge of such preceding breach at the time of payment of such rent.
XXX. Parties Bound.
The covenants and conditions herein contained shall, subject to the provisions as to
assignment, transfer, and subletting, apply to and bind the successors, administrators, and assigns
of all of the parties hereto; and all of the parties hereto shall be jointly and severally liable
hereunder.
XXXI. Time of the Essence.
Time is of the essence of this Lease, and of each and every covenant, term, condition and
provision hereof.
XXXII. Captions.
The captions of this Lease are for convenience only and are not a part of this Lease and do
not in any way limit or amplify the terms and provisions of this Lease.
XXXIII. Condition of Premises.
KISA acknowledges that it has inspected the Premises and is fully satisfied with the
physical condition of such Premises and any fixtures and improvements located on the Premises.
KIB-KISA Salonie Creek Range Lease — Page 13 of 15
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AGENDA ITEM #14.8.1.
XXXIV. Quiet Enjoyment.
If KISA is not in default under this Lease, KISA may peacefully enjoy the Premises during
the term of this Lease.
XXXV. Enforceability.
If any part of this Lease is deemed invalid or unenforceable, the balance of this Lease shall
remain effective, absent the unenforceable provision.
XXXVI. Amendment.
No change in this Lease shall be effective unless it is in writing and signed by both KIB
and KISA.
XXXVII. Governing Law.
The laws of the State of Alaska shall govern the interpretation, validity, performance and
enforcement of this Lease. Venue for any action under this Lease shall be in the Third Judicial
District at Kodiak, Alaska.
IN WITNESS WHEREOF, the parties have executed this Lease at Kodiak, Alaska on the
day and year first above written.
Kodiak Island Borough
Aimee Williams, Borough Manager
Attest
Nova M. Javier, MMC, Borough Clerk
Kodiak Island Sportsman's Association
Patrick Anderson, President
KIB-KISA Salonie Creek Range Lease — Page 14 of 15
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AGENDA ITEM #14.8.1.
STATE OF ALASKA )
)ss:
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on the —day of , 20 , before me, the
undersigned, a Notary Public in and for the State of Alaska, duly commissioned and sworn,
personally appeared Aimee Williams, to me known and known to me to be the identical individual
described in and who executed the within and foregoing instrument as Manager of the Kodiak
Island Borough and he acknowledged to me that he signed the same in the name of and for and
on behalf of said municipality, freely and voluntarily and by authority of its Assembly for the uses
and purposes therein mentioned.
WITNESS my hand and official seal the day and year first above written.
Notary Public for State of Alaska
My Commission Expires:
STATE OF ALASKA )
)ss:
THIRD JUDICIAL DISTRICT
THIS IS TO CERTIFY that on the _ day of , 2019, before me, the
undersigned, a Notary Public in and for the State of Alaska, duly commissioned and sworn,
personally appeared Patrick Anderson, to me known and known to me to be the identical
individual described in and who executed the within and foregoing instrument as President of
Kodiak Island Sportsman's Association and he acknowledged to me that the same was signed
in the name of and for and on behalf of said corporation, freely and voluntarily and by authority
of its Board of Directors for the uses and purposes therein mentioned.
WITNESS my hand and official seal the day and year first above written.
Notary Public for State of Alaska
My Commission Expires:
KIB-KISA Salonie Creek Range Lease – Page 15 of 15
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AGENDA ITEM #14.C.1.
KODIAK ISLAND BOROUGH
STAFF REPORT
JULY 18, 2024
4 '
�s ASSEMBLY REGULAR MEETING
SUBJECT: Ordinance No. FY2025-03 An Ordinance Of The Assembly Of The Kodiak
Island Borough Amending Title 8 Health And Safety Chapter 8.25 Solid Waste
Collection And Disposal To Clarify Language And Requirements For Solid
Waste Services
ORIGINATOR: Aimee Williams, Borough Manager
RECOMMENDATION:
Move to advance Ordinance No. FY2025-03 to public hearing at the next regular meeting of
the Assembly.
DISCUSSION:
The Kodiak Island Borough Assembly established the Solid Waste Contract Committee
(SWCC) with Resolution No. FY2024-12 to evaluate, develop, and clarify inconsistencies and
ambiguities present in the current solid waste contract. During their evaluation and research,
SWCC discovered that the discrepancies and vagueness in the contract were also present in
KIBC 8.25 Solid Waste Collection and Disposal.
The SWCC held their last meeting on June 4, 2024, where they approved and moved to
present a second amendment to the Solid Waste Contract to the Assembly. During this
meeting the Borough Manager indicated that the next step following the second amendment
would be to update and clarify the KIBC 8.25 to ensure consistency in verbiage. This
alignment across multiple platforms will aid the public in understanding their responsibilities
and roles regarding solid waste management.
Summary of Chanaes to KIBC 8.25:
Updated Titles of Sections for Easier Understanding
General Formatting Changes
Definition Modifications
Removal of Unnecessary/Ambiguous Language
Added Clarification to Processes
ALTERNATIVES:
FISCAL IMPACT:
OTHER INFORMATION:
Kodiak Island Borough
Ordinance No. FY2025-03 An Ordinance Of The Assembly Of The Kodiak Islan... Page 175 of 232
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AGENDA ITEM #14. C.1.
KODIAK ISLAND BOROUGH
ORDINANCE NO. FY2025-03
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING
TITLE 8 HEALTH AND SAFETY CHAPTER 8.25 SOLID WASTE COLLECTION AND
DISPOSAL TO CLARIFY LANGUAGE AND REQUIREMENTS FOR SOLID WASTE SERVICES
WHEREAS, the procedures set forth in Chapter 8.25 of the Kodiak Island Borough Code should
be updated to clarify the language and requirements of the public for solid waste services; and
WHEREAS, the Kodiak Island Borough Assembly established the Solid Waste Contract
Committee (SWCC) to evaluate, develop, and clarify inconsistencies and ambiguities present in
the current solid waste contract; and
WHEREAS, the SWCC, during their evaluation and research, discovered that the discrepancies
and vagueness in the contract were also present in KIBC 8.25; and
WHEREAS, the SWCC, at their meeting on June 4, 2024, approved the final draft of the second
amendment and moved for it to be presented to the Assembly; and
WHEREAS, the Borough Manager and the SWCC discussed the next step for clarification for
the public would be to update and clarify the language in KIBC 8.25.
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH that:
Section 1: This ordinance is of a general and permanent nature and shall become a part of the
Kodiak Island Borough Code of Ordinances.
Section 2: That Section 8.25 Solid Waste Collection and Disposal of the Kodiak Island Borough
Code of Ordinances is amended to read as follows:
Ordinance No. FY2025-03
Page 1 of 17
Ordinance No. FY2025-03 An Ordinance Of The Assembly Of The Kodiak Islan... Page 176 of 232
Chapter 8.25
SOLID WASTE COLLECTION AND DISPOSAL
Sections:
8.25.010
Purpose.
8.25.020
Definitions.
8.25.030
. Citations and Designees.
8.25.040
Solid Wwaste Aaccumulation and Pprevention of Nnuisance.
8.25.050
Litter.
8.25.060
Solid Wwaste Cc-ollection Sservice.
8.25.070
Solid Wwaste Sstorage and Sset-Oeut Sites.
8.25.080
. Contract Hauler Refusal of Service.
8.25.090
Billing and collection-. For Contract Hauler Services.
Ordinance No. FY2025-03
Page 1 of 17
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AGENDA ITEM #14. C.1.
8.25.100 Transportation of Solid Waste.
8.25.110 Proper Disposal of Ssolid Wwaste.
8.25.120 Disposal of Hhazardous and Ttoxic Wwastes:—Used Mraotor Oeil or—
Electronic Wwaste.
8.25.130 Prohibition on Bhurning of Ssolid Wwaste.
8.25.140 Solid Wwaste Contract Hauler Only. handling seFvices.
8.25.150 General Cconditions of Sservice.
8.25.160 Prohibition of Sscavenging and Ttampering.
8.25.170 Ownership.
8.25.180 Baler Ffacility and Ssanitary =landfill.
8.25.190 User Ffee Sschedule.
8.25.200 Prohibited Ddisposal.
8.25.210 Applicability of Ffederal, Sstate, and Llocal Ssolid Wwaste Llaw.
8.25.220 Administration, Ilmplementation, and Eenforcement.
8.25.230 Repealed.
8.25.240 Violations, Eenforcement Aactions and Rremedies.
8.25.010 Purpose.
As authorized by AS 29.35.210(a)(4), the purpose of this chapter is to regulate the management
of municipal solid waste, including storage, collection, processing, recovery, and disposal of solid
waste, for the following reasons:
A. To protect the public safety, health, and welfare of the people of the borough;
B. To protect, preserve, and enhance the environment of the people of the borough; and
C. To provide fiscally responsible solid waste management.
8.25.020 Definitions.
In this chapter, each of the following terms has the respective corresponding meaning:
"Bear cart" means a cart designed to be resistant to opening by bears.
"Bon" means a reGeptade fbr stering solid waste that is PiGked up with front end leading vehiGles,
"Billing Unit" means a whole building or any portion of a building which generates refuse
and recyclables. The owner of the billing unit or the occupant in accordance with their
lease or rental agreement, will be charged for the required solid waste services. The billing
unit owner is ultimately responsible for paying for the required solid waste services.
■ A billing unit occupies a singular building space;
■ A billing unit provides separate income, service, or benefit to the property owner,
renter, or tenant, and;
■ A building can have multiple billing units under one roof if they have a common wall
separating the building spaces from each other.
"Borough landfill" means the landfill owned by the borough.
"Bulky item(s)" means any large item of solid waste that will not fit through a dumpster or roll
off container door or opening that is generated at a billing unit and discarded at the
Borough Landfill. , as determiRed free torne to time by the m o whi..h R be safely lofted
Ordinance No. FY2025-03
Page 2 of 17
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AGENDA ITEM #14. C.1.
88 by two individuals using a dolly, generated at residential premises and- dissGard-8-d- iat
89 set_out sites Gh as the follnW ORg:
90 FlUrRitar8RG:61di;g metal desks and-steFage EabiRetr
91 2. Pia;os and organs;
92 3. Telev+siefw
93 4. Large appliaRGeS, 'RGludiRg washers, driers, reftigerators, fFeezers, dishwashers and
94 stoves;
95 5. Toys hikes n.+ dismantled 6WiRg e+s•
96
97 peF GUstemer each Galendar men+h with rims ped; anal
98 7 �i nnitem other +hon lumber, that n n he GrhreLen de -WR Meeting the fGlleudno
99 req ent .
100 a Not longer +hon fGUr foo+ in length; and
101 .
102 "Bulky items" Ages net me -an the fnl'GWOnn•
103
104 Vis;
105 2. l�„dled Ya, waste bFaRGhe6j
106 3. Sed nil and Feel;
107 4. BrekeR n rete an,+ asphalt;
108 5. Bnck,'nck, and stone
109 Railread- ties o . .filar type of retaining wall timbers
110 7. Remodeling debris RG'Uding shingles;
111 9. GaFpetiRT,
112 9. SiRkS rete laundry tubs, nd Gast iren plumbing fixtures;
113 ,
114 11. Lumbo
115 12. Animal waste, ORG'WdiRg all 8XGFP_.M.8_.At &G.M. _ani.m.als and fewl, and all hay,
116 straw, o ether materials that have been ed fora als' or fowls' bedding;
117 13. Liquids, ince-pater
118 ,
119 15. Fuel eii tanks; and
120 16. ARy a„+emotivparts, iRcludiRgeh'Gle batteries and Hires.
121 "C&D (construction and demolition) debris" means any solid waste disnar,+ed in dumps+ern er rel'
122 Off Gon+ainers thattheI_ the GentraGt hauler generated at a construction site either residential or
123 commercial must be collected under the on-call temporary dumpster and roll -off collection
124 service section of the approved collection contract. Examples of such items are the following:;
125 SUGh as the follGWino•
126 1. Bundled yard waste, branches;
127 2. Sod, soil and rock;
128 3. Broken concrete and asphalt;
129 4. Brick, block, and stone;
130 5. Railroad ties or similar type of retaining wall timbers;
131 6. Remodeling debris;
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AGENDA ITEM #14. C.1.
132 7. Carpeting;
133 8. Sinks, concrete laundry tubs and cast-iron plumbing fixtures;
134 9. Windows and doors; and
135 10. Lumber.
136 "Cart" or "Roll -Cart" means a wheeled receptacle for storing solid waste that can be emptied by
137 either semi- or fully -automated vehicles.
138 "Collection contract" means the contract described between the contract hauler and the borough
139 for collection of solid waste and transportation to the borough landfill.
140 "Collection service area" means all billing units premises accessible via roads maintained by the
141 state of Alaska, the borough, the city of Kodiak, or the U.S. government, in and around Kodiak
142 City and within the boundaries of the borough, except for the USCG facilities and past milepost
143 one of Anton Larsen Road.
144 "Commercial" describes people, as owners and/or customers or places, S, Gh as pFeF I'SeS
145 er things, G, Gh ac ^a.r'c ^r types of selid waste, in the contract service area borough that are
146 intended to provide goods or services for sale to the public. net residential er multifamily.
147 "Commercial Dumpster Repair Shop Rate" means if a dumpster is damaged at a
148 customer's billing unit location, and the customer chooses not to perform repairs
149 themselves, as outlined below, the customer will be responsible for all costs associated
150 with the repairs performed by the contractor. Costs of repairs to the dumpsters by the
151 contractor will include a $150 hourly labor rate and the cost of any parts or materials used.
152 If a commercial customer would like to make repairs to the dumpster, they are currently
153 beinq services with, the customer and contractor must have a written agreement granting
154 the customer permission to perform the repairs on the dumpster. The customer will
155 provide the contractor with a written detailed description of the repair work they intend to
156 perform, and have it approved prior to any repairs being conducted. The repairs performed
157 by the customer will need to be inspected and accepted by the contractor with written and
158 photo documentation of acceptance.
159 "Compactor" means a receptacle containing a ram that pushes and compresses waste into a
160 container or bale.
161 "Container" means any type of storage receptacle for solid waste; cart, dumpster, or roll -
162 off.
163 "Contract hauler" means the contractor under the municipal solid waste collection contract.
164 "Dead animal" means the carcass from an animal, large or small, except part of an animal used
165 for food or other beneficial purpose in accordance with federal, state, or local laws and regulations.
166 Does not include fish or other primarily aquatic animal.
167 "Disposal" or "dispose" means the act or action of discarding solid waste.
168 "Dumpster" means a receptacle for storing solid waste that is picked up with front-end
169 loading vehicles, such as those having a two to eight -yard capacity.
170 "Hazardous or toxic waste" means any material that meets the definition of 40 C.F.R. 261 and AS
171 46.03.900, such as poisons, pesticides, acids, batteries, caustics, infectious or pathological
172 wastes, radioactive materials, explosive or highly flammable materials, oil and petroleum
173 products, and burning or smoldering materials.
174 "Household hazardous waste" means hazardous waste generated on residential billing unit.
175 s
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AGENDA ITEM #14. C.1.
176 "Increase to Service Process" means if the contractor observes and documents with
177 photos three (3) occurrences of a customer over -filling their solid waste container in a
178 sixty-day (60) period the contractor will reach out to request the customer increase the
179 side of their solid waste container. If the increase in use is due to a short time -frame season
180 of increased business (ex. Summertime), the contractor will agree to reduce the size back
181 to the original container size by a date mutually agreed to by both the contractor and the
182 customer. A customer will not be allowed to decrease services to zero; reference KIBC
183 8.25.060.
184 "Litter" means solid waste that is left lying in an open or public place.
185 "Manager" means the borough manager or designee.
186
187 GaFts eF types of solid waste, iR the borough that aFe REA FesideRtial premises.
188 "Multifamily premises" meaRS premises that aFe Ret resideRtial premises, and therefere GeRtaiRS
189.
190 "Prearnises" means preperty having any habitable bi-l'itling, whether resideRtial, multifamily, G
191 iia'.
192 "Owner and/or Customer" means each person or entity identified as being the responsible
193 party for the billing unit(s) payment of the required solid waste services. The billing unit
194 owner is ultimately responsible for the payment of the required solid waste services, no
195 matter the agreement the owner may have with a renter, tenant, or lessee.
196 • Each billing unit is considered one account. Owners and/or customers of multiple
197 billing units will have more than one account.
198 • Customer Count is defined as the number by which the annual fee adjustment is
199 calculated. For self -haul or roll -cart billing units the customer count is defined by
200 the number of billing unit accounts in service. For billing units that have two -yard
201 front load dumpsters or larger, the customer count is calculated by the number
202 containers are in service.
203 "Recyclables" means materials which can be reprocessed, reconditioned, or adapted to use again
204 or for a new use or function.
205 "Residential premises" means a billing unit designed for people to live in. premises eetiRg
206 .
207 1.
208
209 �s
210 "Roll -off' means an open -topped rectangular receptacle for storage, collection, and transport of
211 solid waste that is rolled on and off flatbed collection vehicles via winches or reeving cylinders
212 (hooks).
213 "Scavenging" means the controlled removal of waste materials for recycling or reuse.
214 "Self -Haul" is a billing unit owner and/or customer who hauls their own trash to a public
215 roll -off dumpster site location and/or the borough landfill. The fees will be equal to the cost
216 of the required service for said billing unit. Self -haul services are only allowed to
217 customers who reside in the Bear Aware area or in an area outside the roll -cart service
218 area.
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AGENDA ITEM #14. C.1.
"Sewage solids" means waste that passes the paint filter test, EPA Test Method 9095, published
in Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, SW- 846, adopted by
reference in 18 AAC 60.365, and has been removed from a wastewater treatment system, sewer,
septic tank, or other wastewater handling equipment; "sewage solids" includes lagoon dredge,
sewer cleanout waste, barscreen grit, and wastewater treatment sludge.
"Sharing of a Dumpster" means a dumpster on a property that has multiple billing units
that is shared between the owners and/or customers of the units. Customers that elect to
share a dumpster need to do so with a written agreement between themselves and the
contract hauler. See section 8.25.070.D.
"Sole Purpose Dumpster" means a dumpster that is rented from the contract hauler by a
customer in which only one type or category of solid waste is allowed to be deposited. See
section 8.25.060.B.
"Solid waste" means "municipal solid waste" as defined in AS 46.03.900.
"Solid waste collection" means the act of removing solid waste from the central storage point of a
primary generating source, such as a residence or business, to a place of solid waste disposal.
"Solid waste disposal" means the orderly process of finally disposing of solid waste.
"Solid waste generator" means anyone who creates solid waste during everyday living and
working.
"Solid waste storage" means the interim containment of solid waste, in an approved manner, after
generation and prior to collection and disposal.
"Uninhabitable" means a billing unit that is not suitable for living in. The customer may
apply for this categorization but must prove they do not have any other utility services:
electricity, water/sewer, or heat.
8.25.030 Citations and Designees.
A. Citations. References to "section" or "article" refer to sections or articles in this chapter, unless
other citation is provided. References to "subsection" refer to subsections within that section.
B. Designees. Reference to any individual borough staff person by title, such as the manager,
includes reference to the designee.
8.25.040 Solid Wwaste A_accumulation and Pprevention of Nnuisance.
A. Solid waste generators may not accumulate/store solid waste atse their billing unitpren#ses
longer than the period between their regularly scheduled collections or two weeks, whichever is
greater.
B. A solid waste generator must keep solid waste stored atee that generator's billing unit
premises as follows:
1. In a clean and sanitary manner that does not create a public nuisance or health hazard,
in the judgment of the manager; and
2. In accordance with all other applicable federal, state and municipal statutes, ordinances,
rules, and regulations.
The borough may clean up solid waste that is not kept as required and charge the owner of the
billing unit premises the cost, in addition to prosecuting the owner for violation of this chapter.
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AGENDA ITEM #14. C.1.
261 C. While storing or handling human food, animal food, or solid waste, no one may violate 5 AAC
262 92.230 which prohibits the feeding of game and deleterious exotic wildlife, nor in a manner that
263 attracts game, deleterious exotic wildlife, dogs, or cats.
264
265 8.25.050 Litter.
266 In addition to the prohibitions in Chapter 8.20 KIBC, no one may leave solid waste outside a
267 container or place solid waste in another billing unit customer's iR, cart or dumpster
268 RA-ef-without that customer's perser}s consent.
269
270 8.25.060 Solid Wwaste Cc-ollection Sservice.
271 A. Regular Service. Every owner of a billing unit premises in the collection service area must
272 subscribe to and pay for solid waste collection service for its billing unit prernises by the contract
273 hauler at least weekly, in carts, including bear carts, dumpsters bins, or roll -offs, as administered
274 by the manager, even if that owner self -hauls all or a portion of its solid waste for disposal at the
275 borough landfill or recycling at a processing facility.
276 B. Temporary Service k�-�Dumpsters. Any customer who A hO has a temporary
277 need or conducts construction or demolition at ee its billing unit premises may subscribe to and
278 pay for solid waste collection service from the contract hauler for container JD rn or dumpster
279 service. This service is also known as sole purpose dumpster use, where the container
280 used is intended for one type of solid waste. See "sole purpose dumpster" in definitions.
281
282 8.25.070 Solid Wwaste Sstorage and Sset-Oeut Sites.
283 A. Storage. Each billing unit owner and/or customer c^"d waste generateF is responsible for
284 the placement of that billing unit's container Pier' -aa so that it will not easily be tipped,
285 such as by an animal or the wind. Lids on bias er carts or dumpsters must be kept closed to
286 keep out rain, snow, and animals. Surplus liquids must be drained from solid waste and placed in
287 watertight bags before discarding them in containers.
288 B. Set -Out.
289 1. Site. Carts or dumpsters bias must be placed in the following locations by the contract
290 hauler or customer. c^'i^' ,. Ac+o ,.0118,.+GR 638 0 0 on+:
291 a. Roadside;
292 b. In an adjacent alley; or
293 c. Within three feet of the roadway on which the contract hauler can drive its collection
294 vehicles.
295 For example, if the serviced billing units preaa+ses are adjacent to more than one street,
296 alley, or roadway, the contract hauler may instruct the customer to set out containers on only
297 one specified street, alley, or roadway.
298 The contract hauler may require alternative placement based on site-specific conditions.
299 2. Proper Handling of Solid Waste and Storage Containers. Requi ed GUopsAr�yer}e
300 wl4o reGeives solid waste elleGti,
301 a. All customers, whether with ire a cart, dumpster, bir} or roll -off, must do the following:
302 i. a— Discard only securely bagged or bundled solid waste inside the cart,
303 dumpster, bird or roll -off provided by the contract hauler for that customer's use;
304 and
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AGENDA ITEM #14. C.1.
305 ii. 1— Clean up any solid waste discarded, scattered, littered, or otherwise strewn
306 outside the container (no matter the size) ^^r', bon, or rollff caused by the
307 person discarding the waste or by improper use of the container Gart, biR OF Poll
308 of -which causes solid waste to be left outside the container. —+1 hi^ ^r roll off.
309 Imnrnner 6ise of ^ ear+ hie n roll -off innl, Arles,
310
311 b. Improper Use and/or Prohibited Conduct:
312 All billing unit owners and/or customers must not:
313 i. Discarding any prohibited material in a container for collection by the contract
314 hauler except solid waste.
315 ii. Discard solid waste in containers in excess of the weight limit that the
316 contract hauler prescribes on the container.
317 iii. Leave any container lid or door open.
318 iv. Place solid waste on top of or allowing solid waste to protrude from the
319 container.
320 v. Discard dead animals in the container.
321 vi. Place the solid waste container, intended for pick-up, anywhere except the
322 designated set -out site.
323 vii. Use another container that was not provided by the contract hauler for that
324 billing unit's solid waste collection service.
325 viii. Discard any solid waste outside the container, including the following
326 items;
327 a. Litter,
328 b. Bulky items,
329 c. CBD debris, or
330 d. Hazardous or toxic waste.
331 ... D'sp-ard-ing solid waste outside the solid waste GeRtaiRer, eXGept for bUlky iteFRs
332 discarded at the time whenand pace,�oh�h the contract hauler is obligated to
333 GGlleGt h6 SIL.. items
334 iii. FailiRg tightly I ,+^h or n+^;n^r I„+s
335 v. PlaGiRg solid waste OR top of or allGWiRg solid waste to protrude frorn the
336 nen+�a,,_,P,n^r
337 v. DisGardiRg solid waste OR GORtaiReFS OR eXGeSS of the weight liFnit that the GE)RtraG
338 hauler prescribes on the container.
339site deSigRated
340 by the nen+rayl ha, der
341 3. Prohibited ConduGt.
342 I. a. An„one ,.,hn �,+ili�es snlir! , es+^ ner+ cell^^+inn s ,s4 not rlisn�,rd
343 dead aRimals on the Gart. The daSGaFd'Rg of aRy solid waste outside the GaFt
344 also nrehihi+ed nnl ,.Jinn the following i+ems•
345 i
346 H Bulky items as definer! by KIBG 8.25.
n7n
347 iii. G&D debris as .Definer! by KIBG Q R§ 92Q; and
348 ue;zerdn„s nr +n„ in ,.,mss+e ,� rlefinerl h.. LII RC Q 25 n )n
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AGENDA ITEM #14. C.1.
349 b. Anyone who utilizes solid waste bin or roll off collection services must securely close
350
351 hir, r. roll off is prohibited, nIU.Jir,.. hU+ ROt IiMit8d +., the fGIIO,. IRg items:
352 i
353 I -I. Bulky items .,o iJofined- by KIBG 9 25 n'�n
354 iii. G&D debris as .defiRed by I.IIBG 92 �; and
355 iv. Hazardous r toxin waste as defined by KIBC 8.25.02-0-.
356 fill. GRe y .diGGard aRy material i roll off a Gpt for the reel of provided by the
-
357 rnn+ron+ ho, filer fer that n olid ,. aste nnllon+inn c
358 C. Clearance and Access. A cart customer must maintain a minimum of three feet of clearance
359 between each cart and any mailbox, vehicle, snow berm, or other object that would obstruct
360 collection, including the arm on an automated collection truck. A cart customer must maintain
361 clear access to the cart set -out site so that the collection vehicles can lift and empty carts,
362 including clearing away snow and other obstructions, such as parked vehicles.
363 D. Dumpster Bin Sharing. A property that has multiple billing units may elect to share a
364 dumpster if they have the following:
365 i. Billing unit owners and/or customers that elect to share must have a written
366 agreement outlining the shared responsibility.
367 ii. Written consent, agreement, and confirmation from the contract hauler.
368 Two or more bin GUstomers must share bons, and the alIGGable seFViGe Gharges for solid
369
370 n+i11n r,f hinc
371 If the contract hauler directs multiple billing units to share a dumpster on their own
372 volition, they must provide all billing units intended to share with a written notice and
373 reasoning prior to changing the container size or configuration of set -out site. See
374 definition for "Sharing of Dumpster".
375 E. Safety. Each customer must maintain its set -out site so that it is safely accessible to contract
376 hauler's vehicles and employees. If the contract hauler determines that the set -out site is not safe,
377 it is not obligated to provide collection service there. Contractor will coordinate safe set -out
378 location with customer for each occurrence.
379
380 8.25.080 Contract Hauler Refusal of Service.
381 A. The contract hauler is not obligated to provide collection service in any of the events listed in
382 this section or in the collection contract.
383 1. Solid Waste Only. No one may discard any material in a container for collection by the
384 contract hauler except solid waste. The contract hauler may inspect the contents of any
385 container. The contract hauler must not collect any container that stores materials other than
386 solid waste. In that event, the customer must pay the contract hauler $50.00, or other amount
387 established by the manager.
388 2. Containerized. No one may discard any solid waste for collection by the contract hauler
389 outside their container eXGept fr,r bulky items disGarded at the tome ,.,her n,+ .,l".,, where
390 the n+rte + hauler is ebligated +„ Gel!eGt bulky items He The customer must tightly close
391 container lids. They may not place solid waste on top of a container or allow solid waste to
392 protrude from the container. The contract hauler may refuse to collect any overfilled container.
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AGENDA ITEM #14. C.1.
393 3. Within Weight Limits. No one may discard solid waste in containers in excess of the
394 weight limit that the contract hauler prescribes on the container. The contract hauler may
395 refuse to collect any overweight container.
396 4. At Proper Set -Out Site. No one may discard solid waste for pickup by the contract hauler
397 anywhere except at the set -out site designated by the contract hauler. The contract hauler
398 may refuse to collect any misplaced container or bulky waste.
399 5. Contaminated Recyclables. If the contract hauler provides recyclables collection service,
400 no one may discard any material in a recyclables container for collection by the contract
401 hauler except recyclables. The contract hauler may inspect the contents of any recyclables
402 container. If the The contract hauler finds a recyclables MUSt GE)I!eGt +h,+ container that
403 contains other materials other than recvclables they must document the misuse of the
404 recyclable container, notify the billing unit customer by phone, email, and written letter
405 form, of the documented misuse ana.ssards Onte„isas refuse. in that event, the
406 +,.,,or must pay the GAntrarA ha, ile and the $50.00 associated with the misuse, or other
407 amount outlined in the approved fee schedule. established by the manageF
408 B. No Refills. No one may discard a second load of solid waste in a cart or dumpster
409 immediately after the contract hauler lifts and dumps the container.
410
411 8.25.090 Billing and Gelleetien-. for Contract Hauler Services.
412 A. Payment. Every owner of a billing unit premises in the collection service area must pay the
413 contract hauler for solid waste collection service at the following times:
414 1. Monthly by the twenty-fifth day of each month, in advance, or other time provided in the
415 collection contract; or
416 2. As determined by the manager.
417 B. Late Fees. If the contract hauler is not timely paid, the contract hauler may charge the
418 following late payment fees:
419 1. Established under the collection contract; or
420 2. One percent per month on the outstanding balance with a minimum of $1.00 for each
421 month.
422 C. Deposits. If, following request by the contract hauler, the borough reasonably determines that
423 an owner of a billing unit p%1R#ses-who is commencing new service has not established sufficient
424 credit in the community to assure timely payment of solid waste collection service charges, the
425 contract hauler may require a deposit in an amount equal to two months' billings for the collection
426 service requested, or other amount determined by the manager. The contract hauler may retain
427 the deposit for up to one year, after which the owner may request the contract hauler to return the
428 deposit if the owner has established a record of timely payment. Neither the borough nor the
429 contract hauler is obligated to escrow or pay interest on the deposit.
430
431 8.25.100 Transportation of Solid Waste.
432 Everyone who transports cargo such as ashes, leaves, or other materials that might blow, fall,
433 spill, drop, leak, sift, or otherwise escape from the transport vehicle during passage over a public
434 alley, street, or road must contain the cargo by either of the following means:
435 A. Tight enclosure or container that is an integral part of the vehicle; or
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AGENDA ITEM #14. C.1.
436 B. A separate cover that is fastened onto the vehicle and secures the top and all sides of the
437 cargo.
438
439 8.25.110 Proper Disposal of Ssolid _Wwaste.
440 No one may dispose of solid waste generated in the contract collection service area erI ISSO
441 except at state -permitted solid waste processing and disposal facilities in the borough, including
442 any recyclables processing center operating in compliance with law and the borough landfill,
443 unless exempted in writing by the manager.
444
445 8.25.120 Disposal of Hazardous and Toxic Wastes: Used Motor Oil or Electronic Waste.
446 hazardmu; and tnx0n .•,rites IIsed mater—€feetrnnic waste.
447 A. Non -borough Materials Banned. No one may dispose of hazardous or toxic waste, or used
448 motor oil, which is generated from outside the borough; at the borough's landfill, a disposal
449 facility that has permitted requirements that must be followed. 'R thebereugh.
450 B. Residential Used Motor Oil. All residents must dispose of used motor oil at the borough
451 landfill. The borough will charge fees in accordance with the approved fee schedule.
452
453 operating On compliance with law, including the borough landfill. The borough landfill will charge
454 the fGlIe .,in.. f000 n nfho,- fooc d-etp- pined by the m
455 1. Up to five gallons per month without charge; or
456 2. In excess of five gallons per month, but less than 10 gallons per month in containers not
457 exceeding five gallons in size, for the charge in the borough user fee schedule.
458 C. Household Hazardous Waste. All residents must Everyone must dispose of household
459 hazardous waste at the borough landfill, or other designated borough facility operating in
460 compliance with the law to retain the household hazardous waste, or at a sponsored
461 collection event. The borough will charge fees in accordance with the approved fee
462 schedule. , .
463 1. Up to 40 pounds per month without charge; or
464 2. More than 40 pounds per month for the charge in the borough user fee schedule.
465 D. Electronic Waste. All residents EveFYGRe must dispose of electronic waste, computer
466 monitors, cathode ray tubes, circuit board containing components, cables, and cable boxes,
467 generated on premises that are not residential, such as businesses or schools, at a facility
468 designated by the manager, or, absent designation, at a facility operating in compliance with law
469 and pay the charges established at the facility.
470
471 8.25.130 Prohibition on Bburning of Ssolid Wwaste.
472 In addition to complying with Chapter 8.35 KIBC, no one may burn any materials that cause odor
473 or black smoke that has an adverse effect on nearby persons or property, as determined by the
474 manager, including the following:
475 A. Animal carcasses;
476 B. Petroleum-based materials such as plastic bags, or other materials contaminated with
477 petroleum or petroleum derivatives; and
478 C. Any other solid waste.
479
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AGENDA ITEM #14. C.1.
8.25.140 Solid Wwaste Contract Hauler Only. handling services.
No one may directly or indirectly provide, organize, manage, direct, or sponsor solid waste
handling services to someone else for compensation in cash, kind or credit, except the following:
A. The contract hauler; and
B. Someone transporting solid waste as an incident of its primary business, such as a contractor
transporting construction and demolition debris, in its own vehicles to the borough landfill.
8.25.150 General Csonditions of Sservice.
A. Collection Hours. Monday through Friday, 5 a.m. until 5 p.m. or as determined from time to
time by the manager.
B. Vehicles. Contract hauler will keep each vehicle that it uses to provide solid waste collection
service clean, flushed and washed daily, well painted, and in good repair, in reasonable judgment
of the manager.
C. Carts and Dumpsters&Fr s. The contract hauler will provide everyone that receives cart or
dumpster bin services with use of a cart(s) or dumpster(s), Garts bon er h ^c for storage of solid
waste. Carts and dumpsters bies will remain the property of the contract hauler, unless otherwise
provided in the collection contract.
D. Customer Rights Notice. The contract hauler must provide each customer with a written
"customer's rights" notice, in format and content satisfactory to the manager, including the
following:
1. Type and capacity of subscribed containers;
2. The days , Gr days, of service;
3. The location of the container set -out site;
4. A description of "solid waste" that may be discarded, and a list including examples of
materials that may not be discarded, such as household hazardous waste, bulky items, and
electronics with alternatives for safe and legal discard;
5. Schedule of monthly service charges;
6. A description of optional services, such as scheduled or on-call collection of bulky waste,
collection of containers from aten the billing unit premises rather than at the public set -out
site, certain container exchanges, dumpster b�p locks, etc., with applicable charges; and
7. Any other matters required by the manager.
8.25.160 Prohibition of Sscavenging and Ttampering.
A. Solid Waste Removal Wwithout Permission. No one may remove solid waste from someone
else's container. See "container in definitions. without the ,. Fitto^ ^ .,f the.er entity that pays fer solid waste GelleGti 'th that rsnointa;'neir eir ei.A.ms tha3t
'
eXGept the f0lludng:
..
1. The contract hauler;
2. A law enforcement officer;
3. A borough employee; or
4. Someone authorized and directed by the manager., ^U^h as ^^^•^^^^ ^^^^' ^+;^^ Selid
.ante -au d ots.
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AGENDA ITEM #14. C.1.
522 B. Use of Container Wwithout Permission. No one may tamper with or use someone else's
523 container for any purpose without the written permission of the individual or entity that pays for
524 solid waste collection services with that container or owns that container.
525
526 8.25.170 Ownership.
527 Solid waste, or any other discarded material, remains the property of the generator until the
528 occurrence of any of the following events:
529 A. Public Trash Cans. The generator legally discards the solid waste; for example, a restaurant
530 customer discards a beverage container into a refuse receptacle provided by the restaurant where
531 the customer purchased the beverage; or an automobile passenger discards litter in a refuse
532 receptacle located at a gas station for use of customers.
533 B. Self -Haul. A billing unit owner and/or customer hauls their own trash to a public roll -off
534 dumpster set -out site or the borough landfill. The ewner, OGGupant, manager or other ^
535
536 waste Innate n the premises and legally d'SGards thp selid waste; fer example, a resident
537 s to the berough baler and landfill.
538 C. Contract Hauler Collection. The contract hauler collects solid waste and recyclables (if
539 applicable) from its customer's set -out site and recycles or disposes of it in accordance with
540 law.
541 Absent the occurrence of these events, solid waste, or other material, remains the property of the
542 generator even if the generator abandons the solid waste, exercises no dominion or control over
543 the solid waste or asserts no ownership of the solid waste. If the generator abandons that solid
544 waste, for example by litter or illegal dumping, the manager may clean up and discard the solid
545 waste and charge the generator the related solid waste handling costs.
546
547 8.25.180 Baler Ffacility and Ssanitary Llandfill.
548 A. The borough will provide for the disposal of solid waste generated in the collection service
549 area, at the borough baler facility and sanitary landfill or at another facility or in another manner
550 approved by the assembly, such as a materials processing or composting facility.
551 B. At the borough baler facility and sanitary landfill, no one may do any of the following:
552 1. Enter outside of posted opening hours, unless otherwise authorized by the borough; or
553 2. Deliver any materials prohibited under KIBC 8.25.200; or
554 3. Discard any material without first paying applicable user fees under KIBC 8.25.190; or
555 4. Dispose of any material in an area other than a designated area.
556
557 8.25.190 User Ffee Sschedule.
558 A. Enterprise Funding. By resolution, the assembly will set fees for solid waste management
559 services provided at the borough owned or operated facilities, including disposal of solid waste
560 and household hazardous waste at borough's baler facility and the sanitary landfill, sufficient to
561 cover the facilities' costs of operation, maintenance, and capital improvements without subsidy
562 from any other source, as an enterprise and nonsubsidized freestanding operation.
563 B. Cash or Commercial Charge Accounts. No one may deliver any material to a facility owned
564 or operated by the borough without paying applicable fees established by resolution of the
565 assembly in cash upon delivery, except the following users:
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566 1. The contract hauler and other commercial users determined by the manager, such as
567 contractors that regularly deliver construction and demolition debris to the borough landfill,
568 which may establish charge accounts under subsection D of this section.
569 C. Schedule. The assembly will establish a user fee schedule, which may provide fees for
570 different categories of service, including the following:
571 1. Per unit of weight, such as ton, of solid waste;
572 2. Per unit of time, such as a half-hour, for materials that require special handling by facility
573 personnel upon delivery, in addition to the applicable fees per ton;
574 3. For types and amounts of hazardous and toxic waste; or
575 4. For any other materials.
576 D. Charge Accounts. The manager may extend credit for user fees as follows:
577 1. An applicant may obtain a credit application from the director of finance or their 4s
578 designee;
579 All credit applications are subject to approval by the director of finance in their his discretion
580 and this may include a deposit. The borough may retain the deposit for up to one year, after
581 which the owner may request the return of the deposit if borough determines that the
582 applicant has established a record of timely payment. The borough is not obligated to escrow
583 or pay interest on the deposit;
584 2. The charge account holder must pay bills within 30 days after the borough mails the
585 monthly bill; and
586 3. The director of finance may revoke credit and charging privileges without notice to the
587 charge account holder at any time an account becomes delinquent.
588
589 8.25.200 Prohibited Ddisposal.
590 A. Unpermitted. No one may deliver to, deposit at, or dispose in the borough landfill any of the
591 following materials:
592 1. Material prohibited under the borough's solid waste disposal permit issued by the Alaska
593 State Department of Environmental Conservation;
594 2. Polluted or contaminated soil as defined in 18 AAC 60, 18 AAC 75 or 18 AAC 78; and
595 3. Sewage sludge for which no test results, required by law (e.g., 18 AAC 60.365) or as
596 determined by the manager, have been submitted to the borough.
597 B. Exceptions. Exempt waste described below is prohibited from disposal unless it meets the
598 following requirements:
599 1. It is mixed with nonexempt waste;
600 2. There is a public health, safety, or welfare threat or environmental problem associated
601 with management of the exempt waste as determined by the manager; or
602 3. The exempt waste is being managed in a manner that causes or contributes to a
603 nuisance.
604 "Exempt wastes" means the following:
605 1. Land clearing waste, including excavated dirt, rock, soil, butt ends, stumps, and other
606 similar waste;
607 2. Tree limbs and other foliage or woody debris, sometimes referred to as "slash," in a timber
608 harvest area;
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609 3. Bricks, mortar, and Portland cement type concrete, including reinforcing steel that cannot
610 be easily removed;
611 4. Crumb rubber used in asphalt paving;
612 5. Crushed glass;
613 6. Crushed asphalt pavement used:
614 a. In a building pad or parking area as road base, or pavement; or
615 b. As a material to construct a containment berm for a tank farm.
616
617 8.25.210 Applicability of Ffederal, Sstate, and Llocal Ssolid Wwaste Llaw.
618 Solid waste law and the rules, regulations, provisions, and conditions promulgated under that law
619 (as they may be amended, repealed, or replaced) applies in the borough and failure to comply
620 with solid waste law is a violation of this chapter. The borough may, but is not obligated to, take
621 enforcement actions or seek remedies for violation of solid waste law.
622 Examples of solid waste law follow:
623 A. With respect to environmental protection:
624 1. Comprehensive Environmental Response, Compensation and Liability Act of 1982 (42
625 U.S.C. Sections 9601 et seq.) ("CERCLA");
626 2. Resource Conservation and Recovery Act (42 U.S.C. Sections 6901 et seq.) ("RCRA");
627 3. Clean Air Act (42 U.S.C. Sections 1351 et seq., 42 U.S.C. Sections 7401 — 7642); and
628 California Clean Air Act (Health and Safety Code Sections 1251 et seq. and Health and Safety
629 Code Sections 39000 et seq.);
630 4. Emergency Planning and Community Right to Know Act (42 U.S.C. Sections 11001 et
631 seq.);
632 5. Alaska Department of Environmental Conservation, Solid Waste (18 AAC 60);
633 6. Litter receptacles (18 AAC 64.005 — 18 AAC 64.250);
634 7. Hazardous waste (18 AAC 62.010 — 18 AAC 62.990);
635 8. Pesticide control (18 AAC 90.010 — 18 AAC 90.990); and
636 9. Oil and other hazardous substances pollution control (18 AAC 75.005 — 18 AAC 75.990).
637 B. With respect to solid waste handling labor:
638 1. Occupational Safety and Health Act (29 U.S.C. Sections 651 et seq.), including the Solid
639 Waste Disposal Facility Criteria promulgated by the U.S. EPA on October 9, 1991 (40 C.F.R.,
640 Parts 257 and 258);
641 2. Immigration Reform and Control Act of 1986 (PL.99-603).
642 C. Miscellaneous:
643 1. Civil Rights Act of 1964 (Subchapter VI or Chapter 21 of Title 42).
644
645 8.25.220 Administration, limplementation, and Eenforcement.
646 The manager is authorized to administer, implement, and enforce this chapter and promulgate
647 related solid waste policy, unless this chapter expressly names another person. The manager
648 may request assistance from other persons or request that other persons administer, implement
649 and enforce all or a portion of this chapter. Examples of other persons are:
650 A. The director of finance or the auditor -controller, for example, with respect to collection of user
651 fees;
652 B. City of Kodiak police department;
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C. Borough attorney;
D. Other borough departments;
E. District attorney;
F. Alaska State Department of Environmental Conservation;
G. Alaska Department of Fish and Game;
H. Alaska State Troopers; and
I. A code enforcement officer designated under KIBC 1.20.030.
8.25.230 Enforcement Oefficer.
Repealed by Ord. FY2020-09.
8.25.240 Violations, Eenforcement A_actions and Rremedies.
A. Violations.
1. Per Failure. Each failure to comply with any provision of this chapter or any regulation
promulgated under this chapter constitutes a separate violation. For example, scavenging is
a separate violation for each container from which materials are scavenged.
2. Per Day. Each day a violation continues is a separate violation. For example, failure to
maintain a collection vehicle in accordance with KIBC 8.25.150(B) is a separate violation for
each day until the vehicle is repaired.
B. Enforcement Actions and Remedies.
1. Actual Violations. If the manager believes that someone has violated any provision of this
chapter, whether that person is acting or failing to act in the capacity of a principal, agent,
employee or otherwise, then the manager may institute any enforcement action and exercise
any legal or equitable remedy available to the borough under law, such as the following:
a. Civil actions seeking a penalty of up to $250.00 per violation;
b. Civil actions seeking injunctive relief;
c. Civil suits seeking damages or civil penalties, including the costs of any corrective
action that the manager deems necessary to mitigate consequences of violations,
whether acts or omissions; or
d. Proceedings to declare a property a public nuisance and abate the nuisance as
authorized by AS 46.03.870(c).
2. Imminent Violations. If the manager believes that a person will imminently violate any
provision of this chapter, whether that person is acting or failing to act in the capacity of a
principal, agent, employee, or otherwise, then the manager may exercise any equitable
remedy available to the borough under law, such as a temporary restraining order or
injunction.
3. Enforcement Actions and Remedies Are Cumulative, Not Exclusive. Enforcement actions
and remedies are cumulative, not mutually exclusive. The manager may institute any single
enforcement action or exercise any single remedy or a combination of multiple enforcement
actions and remedies, separately or simultaneously. The manager need not conclude any
particular enforcement action or exhaust any particular remedy before instituting other
enforcement action or exercising any other remedy.
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4. Penalties and Remedies Are Not Limited. The penalties and remedies provided for
violation of this chapter are in addition to and not in lieu of any other penalty or remedy
provided for in state law or otherwise.
Effective Date: This ordinance takes effect upon approval of this Ordinance.
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS DAY OF , 2024
KODIAK ISLAND BOROUGH
Scott Arndt, Borough Mayor
ATTEST:
Nova M. Javier, MMC, Borough Clerk
Introduced by: Manager/Solid Waste Contract Committee
First reading:
Second reading/public hearing:
VOTES:
Ayes:
Noes:
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Chapter 8.25
SOLID WASTE COLLECTION AND DISPOSAL
AGENDA ITEM #14.C.1.
Page 1 of 20
Sections:
8.25.010 Purpose.
8.25.020 Definitions.
8.25.030 Citations & Designees.
8.25.040 Solid Waste Accumulation and Prevention of Nuisance.
8.25.050 Litter.
8.25.060 Solid Waste Collection Service.
8.25.070 Solid Waste Storage and Set -Out Sites.
8.25.080 Contract Hauler Refusal of Service.
8.25.090 Billing for Contract Hauler Services.
8.25.100 Transportation of Solid Waste.
8.25.110 Proper Disposal of Solid Waste.
8.25.120 Disposal of Hazardous or Toxic Wastes: Used Motor Oil or Electronic
Waste.
8.25.130 Prohibition on Burning of Solid Waste.
8.25.140 Solid Waste Contract Hauler Only.
8.25.150 General Conditions of Service.
8.25.160 Prohibition of Scavenging and Tampering.
8.25.170 Ownership.
8.25.180 Baler Facility and Sanitary Landfill.
8.25.190 User Fee Schedule.
8.25.200 Prohibited Disposal.
8.25.210 Applicability of Federal, State, and Local Solid Waste Law.
8.25.220 Administration, Implementation, and Enforcement.
8.25.230 Repealed.
8.25.240 Violations, Enforcement Actions and Remedies.
8.25.010 Purpose.
As authorized by AS 29.35.210(a)(4), the purpose of this chapter is to regulate the management
of municipal solid waste, including storage, collection, processing, recovery, and disposal of
solid waste, for the following reasons:
A. To protect the public safety, health, and welfare of the people of the Borough;
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B. To protect, preserve, and enhance the environment of the people of the Borough; and
C. To provide fiscally responsible solid waste management. [Ord. FY2010-07 §3, 2010].
8.25.020 Definitions.
In this chapter, each of the following terms has the respective corresponding meaning:
"Bear cart" means a cart designed to be resistant to opening by bears.
"Billing Unit" means a whole building or any portion of a building which generates refuse and
recyclables. The owner of the billing unit or the occupant in accordance with their lease or rental
agreement, will be charged for the required solid waste services. The billing unit owner is
ultimately responsible for paying for the required solid waste services.
■ A billing unit occupies singular building space;
■ A billing unit provides separate income, service, or benefit to the property owner,
renter, or tenant, and
■ A building can have multiple billing units under one roof if they have a common wall
separating the building spaces from each other.
"Borough landfill" means the landfill owned by the Borough.
"Bulky item(s)" means any large item of solid waste that will not fit through a dumpster or roll -off
container door or opening that is generated at billing unit and discarded at the Borough Landfill.
"C&D (construction and demolition) debris" means any solid waste generated at a construction
site either residential or commercial must be collected under the on-call temporary dumpster
and roll -off collection service section of the approved collection contract. Examples of such
items are the following:
1. Bundled yard waste, branches;
2. Sod, soil and rock;
3. Broken concrete and asphalt;
4. Brick, block, and stone;
5. Railroad ties or similar type of retaining wall timbers;
6. Remodeling debris;
7. Carpeting;
8. Sinks, concrete laundry tubs and cast-iron plumbing fixtures;
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9. Windows and doors; and
10. Lumber.
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"Cart" or "Roll -cart" means a wheeled receptacle for storing solid waste that can be emptied by
either semi- or fully -automated vehicles.
"Collection contract" means the contract described between the contract hauler and the
Borough for collection of solid waste and transportation to the Borough landfill.
"Collection service area" means all billing units accessible via roads maintained by the State of
Alaska, the Borough, the City of Kodiak, or the U.S. government, in and around Kodiak City and
within the boundaries of the Borough, except for the USCG facilities and past milepost one of
Anton Larsen Road.
"Commercial" describes owners and/or customers or places in the contract service area that are
intended to provide goods or services for sale to the public.
"Commercial Dumpster Repair Shop Rate" means if a dumpster is damaged at a customer's
billing unit location, and the customer chooses not to perform the repairs themselves as outlined
below, the customer will be responsible for all costs associated with the repairs performed by the
Contractor. Costs of repairs to the dumpsters by the Contractor will include a $150 hourly labor
rate and the cost of any parts or materials used.
If a commercial customer would like to make repairs to the dumpster, they are currently
being serviced with, the customer and contractor must have a written agreement granting
the customer permission to perform the repairs on the dumpster. The customer will provide
the contractor with a written detailed description of the repair work they intend to perform,
and have it approved prior to any repairs being conducted. The repairs performed by the
customer will need to be inspected and accepted by the contractor with written and photo
documentation of acceptance.
"Compactor" means a receptacle containing a ram that pushes and compresses waste into a
container or bale.
"Container" means any type of storage receptacle for solid waste; cart, dumpster, or roll -off.
"Contract hauler" means the contractor under the municipal solid waste collection contract.
"Dead animal" means the carcass from an animal, large or small, except part of an animal used
for food or other beneficial purpose in accordance with Federal, State or Local laws and
regulations. Does not include fish or other primarily aquatic animal.
"Disposal" or "dispose" means the act or action of discarding solid waste.
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"Dumpster" means a receptacle for storing solid waste that is picked up with front-end loading
vehicles, such as those having a two to eight -yard capacity.
"Hazardous or toxic waste" means any material that meets the definition of 40 C.F.R. 261 and
AS 46.03.900, such as poisons, pesticides, acids, batteries, caustics, infectious or pathological
wastes, radioactive materials, explosive or highly flammable materials, oil and petroleum
products, and burning or smoldering materials.
"Household hazardous waste" means hazardous waste generated on residential billing unit.
"Increase to Service Process" means if the contractor observes and documents with photos
three (3) occurrences of a customer over -filling their solid waste container in a sixty-day (60)
period the contractor will reach out to request the customer increase the size of their solid waste
container. If the increase in use is due to a short time -frame season of increased business (ex.
Summertime), the contractor will agree to reducing the size back to the original container size
by a date mutually agreed to by both the contractor and the customer. A customer will not be
allowed to decrease services to zero; reference KIBC 8.25.060.
"Litter" means solid waste that is left lying in an open or public place.
"Manager" means the Borough manager or designee.
"Owner and/or Customer" means each person or entity identified as being the responsible party
for the billing unit(s) payment of the required solid waste services. The billing unit owner is
ultimately responsible for the payment of the required solid waste services, no matter the
agreement the owner may have with a renter, tenant, or lessee.
Each Billing Unit is considered one account. Owners and/or customers of
multiple billing units will have more than one account.
■ Customer Count is defined as the number by which the annual fee adjustment is
calculated. For self -haul or roll -cart billing units the customer count is defined by
the number of billing unit accounts in service. For billing units that have two -yard
front load dumpsters or larger, the customer count is calculated by the number of
containers in service.
"Recyclables" means materials which can be reprocessed, reconditioned, or adapted to use
again or for a new use or function.
"Residential" means a billing unit designed for people to live in.
"Roll -off" means an open -topped rectangular receptacle for storage, collection, and transport of
solid waste that is rolled on and off flatbed collection vehicles via winches or reeving cylinders
(hooks).
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"Scavenging" means the controlled removal of waste materials for recycling or reuse.
"Self -Haul" is a billing unit owner and/or customer who hauls their own trash to a public roll -off
dumpster site location and/or the Borough landfill. The fees will be equal to the cost of the
required service for said billing unit. Self -haul services are only allowed to customers who reside
in the Bear Aware area or in an area outside the roll -cart service area.
"Sewage solids" means waste that passes the paint filter test, EPA Test Method 9095,
published in Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, SW- 846,
adopted by reference in 18 AAC 60.365, and has been removed from a wastewater treatment
system, sewer, septic tank, or other wastewater handling equipment; "sewage solids" includes
lagoon dredge, sewer cleanout waste, barscreen grit, and wastewater treatment sludge.
"Sharing of a Dumpster" means a dumpster on a property that has multiple billing units that is
shared between the owners and/or customers of the units. Customers that elect to share a
dumpster need to do so with a written agreement between themselves and the contractor. See
section 8.25.070.D.
"Sole Purpose Dumpster" means a dumpster that is rented from the contract hauler by a customer
in which only one type or category of solid waste is allowed to be deposited. See section
8.25.060.B.
"Solid waste" means "municipal solid waste" as defined in AS 46.03.900.
"Solid waste collection" means the act of removing solid waste from the central storage point of
a primary generating source, such as a residence or business, to a place of solid waste
disposal.
"Solid waste disposal" means the orderly process of finally disposing of solid waste.
"Solid waste generator" means anyone who creates solid waste during everyday living and
working.
"Solid waste storage" means the interim containment of solid waste, in an approved manner,
after generation and prior to collection and disposal. [Ord. FY2020-09 §5, 2020; Ord. FY2010-
07 §3, 2010].
"Uninhabitable" means a billing unit that is not suitable for living in. The customer may apply for
this categorization but must prove that they do not have any other utility services; electricity,
water/sewer, or heat.
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8.25.030 Citations and Designees.
AGENDA ITEM #14. C.1.
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A. Citations. References to "section" or "article" refer to sections or articles in this chapter,
unless other citation is provided. References to "subsection" refer to subsections within that
section.
B. Designees. Reference to any individual Borough staff person by title, such as the manager,
includes reference to the designee. [Ord. FY2010-07 §3, 2010].
8.25.040 Solid Waste Accumulation and Prevention of Nuisance.
A. Solid waste generators may not accumulate/store solid waste at their billing unit longer than
the period between their regularly scheduled collections or two weeks, whichever is greater.
B. A solid waste generator must keep solid waste stored at that generator's billing unit as
follows:
In a clean and sanitary manner that does not create a public nuisance or health hazard,
in the judgment of the manager; and
2. In accordance with all other applicable federal, state and municipal statutes, ordinances,
rules, and regulations.
The Borough may clean up solid waste that is not kept as required and charge the owner of the
billing unit the cost, in addition to prosecuting the owner for violation of this chapter.
C. While storing or handling human food, animal food, or solid waste, no one may violate 5
AAC 92.230 which prohibits the feeding of game and deleterious exotic wildlife, nor in a manner
that attracts game, deleterious exotic wildlife, dogs, or cats. [Ord. FY2010-07 §3, 2010].
8.25.050 Litter.
In addition to the prohibitions in Chapter 8.20 KIBC, no one may leave solid waste outside a
container or place solid waste in another billing unit customer's cart or dumpster without that
customer's consent. [Ord. FY2010-07 §3, 2010].
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8.25.060 Solid Waste Collection Service.
A. Regular Service. Every owner of a billing unit in the collection service area must subscribe
to and pay for solid waste collection service for its billing unit by the contract hauler at least
weekly, in carts, including bear carts, dumpsters, or roll -offs, as administered by the manager,
even if that owner self -hauls all or a portion of its solid waste for disposal at the Borough landfill
or recycling at a processing facility.
B. Temporary Service Dumpsters. Any customer who has a temporary need or conducts
construction or demolition at its billing unit may subscribe to and pay for solid waste collection
service from the contract hauler for container or dumpster service. This service is also known as
sole purpose dumpster use, where the container used is intended for one type of solid waste.
See "Sole Purpose Dumpster" in definitions. [Ord. FY2010-07 §3, 2010].
8.25.070 Solid Waste Storage and Set -Out Sites.
A. Storage. Each billing unit owner and/or customer is responsible for the placement of that
billing unit's container so that it will not easily be tipped, such as by an animal or the wind. Lids
on carts or dumpsters must be kept closed to keep out rain, snow, and animals. Surplus liquids
must be drained from solid waste and placed in watertight bags before discarding them in
containers.
B. Set -Out.
Site. Carts or dumpsters must be placed in the following locations by the contract hauler
or customer:
a. Roadside;
b. In an adjacent alley; or
c. Within three feet of the roadway on which the contract hauler can drive its collection
vehicles.
For example, if the serviced billing unit(s) are adjacent to more than one street, alley, or
roadway, the contract hauler may instruct the customer to set out containers on only one
specified street, alley, or roadway.
The contract hauler may require alternative placement based on site-specific conditions.
2. Proper Handling of Solid Waste and Storage Containers.
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a. All customers, whether with a cart, dumpster, or roll -off, must do the following:
i. Discard only securely bagged or bundled solid waste inside the cart, dumpster,
or roll -off provided by the contract hauler for that customer's use; and
ii. Clean up any solid waste discarded, scattered, littered, or otherwise strewn
outside the container (no matter the size) caused by the person discarding the
waste or by improper use of the container which causes solid waste to be left
outside the container.
b. Improper Use and/or Prohibited Conduct
Billing units that utilize solid waste collection service must not:
i. Discard of any prohibited material in a container for collection by the contract
hauler except solid waste.
ii. Discard solid waste in containers in excess of the weight limit that the contract
hauler prescribes on the container.
iii. Leave any container lid or door open.
iv. Place solid waste on top of or allowing solid waste to protrude from the
container.
v. Discard dead animals in the container.
vi. Place the solid waste container, intended for pick-up, anywhere except the
designated set -out site.
vii. Use another container that was not provided by the contract hauler for that
billing unit's solid waste collection service.
viii. Discard any solid waste outside the container, including the following items:
a. Litter,
b. Bulky items,
c. C&D debris, or
d. Hazardous or toxic waste.
C. Clearance and Access. A cart customer must maintain a minimum of three feet of clearance
between each cart and any mailbox, vehicle, snow berm, or other object that would obstruct
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collection, including the arm on an automated collection truck. A cart customer must maintain
clear access to the cart set -out site so that the collection vehicles can lift and empty carts,
including clearing away snow and other obstructions, such as parked vehicles.
D. Dumpster Sharing. A property that has multiple billing units may elect to share a dumpster if
they have the following:
Billing unit owners and/or customers that elect to share must have a written
agreement outlining the shared responsibility.
ii. Written consent, agreement, and confirmation from the contract hauler.
If the contract hauler directs multiple billing units to share a dumpster on their own volition, they
must provide all billing units intended to share with written notice and reasoning prior to
changing the container size or configuration of set -out site. See definition for "Sharing of
Dumpster".
E. Safety. Each customer must maintain its set -out site so that it is safely accessible to
contract hauler's vehicles and employees. If the contract hauler determines that the set -out site
is not safe, it is not obligated to provide collection service there. Contractor will coordinate safe
set -out location with customer for each occurrence. [Ord. FY2020-09 §6, 2020; Ord. FY2010-07
§3, 2010].
8.25.080 Contract Hauler Refusal of Service.
A. The contract hauler is not obligated to provide collection service in any of the events listed
in this section or in the collection contract.
1. Solid Waste Only. No one may discard any material in a container for collection by the
contract hauler except solid waste. The contract hauler may inspect the contents of any
container. The contract hauler must not collect any container that stores materials other
than solid waste. In that event, the customer must pay the contract hauler $50.00, or other
amount established by the manager.
2. Containerized. No one may discard any solid waste for collection by the contract hauler
outside their container. The customer must tightly close container lids. They may not place
solid waste on top of a container or allow solid waste to protrude from the container. The
contract hauler may refuse to collect any overfilled container.
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3. Within Weight Limits. No one may discard solid waste in containers in excess of the
weight limit that the contract hauler prescribes on the container. The contract hauler may
refuse to collect any overweight container.
4. At Proper Set -Out Site. No one may discard solid waste for pickup by the contract
hauler anywhere except at the set -out site designated by the contract hauler. The contract
hauler may refuse to collect any misplaced container or bulky waste.
5. Contaminated Recyclables. If the contract hauler provides recyclables collection
service, no one may discard any material in a recyclables container for collection by the
contract hauler except recyclables. The contract hauler may inspect the contents of any
recyclables container. If the contract hauler finds a recyclables container that contains other
materials other than recyclables they must document the misuse of the recyclables
container, notify the billing unit customer by phone, email, and written letter form, of the
documented misuse and the $50.00 fee associated with the misuse or other amount
outlined in the approved fee schedule.
B. No Refills. No one may discard a second load of solid waste in a cart or dumpster
immediately after the contract hauler lifts and dumps the container. [Ord. FY2010-07 §3, 2010].
8.25.090 Billing for Contract Hauler Services.
A. Payment. Every owner of a billing unit in the collection service area must pay the contract
hauler for solid waste collection service at the following times:
1. Monthly by the twenty-fifth day of each month, in advance, or other time provided in the
collection contract; or
2. As determined by the manager.
B. Late Fees. If the contract hauler is not timely paid, the contract hauler may charge the
following late payment fees:
1. Established under the collection contract; or
2. One percent per month on the outstanding balance with a minimum of $1.00 for each
month.
C. Deposits. If, following request by the contract hauler, the Borough reasonably determines
that an owner of a billing unit who is commencing new service has not established sufficient
credit in the community to assure timely payment of solid waste collection service charges, the
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contract hauler may require a deposit in an amount equal to two months' billings for the
collection service requested, or other amount determined by the manager. The contract hauler
may retain the deposit for up to one year, after which the owner may request the contract hauler
to return the deposit if the owner has established a record of timely payment. Neither the
Borough nor the contract hauler is obligated to escrow or pay interest on the deposit. [Ord.
FY2018-20 §2, 2018; Ord. FY2010-07 §3, 2010].
8.25.100 Transportation of Solid Waste.
Everyone who transports cargo such as ashes, leaves, or other materials that might blow, fall,
spill, drop, leak, sift, or otherwise escape from the transport vehicle during passage over a
public alley, street, or road must contain the cargo by either of the following means:
A. Tight enclosure or container that is an integral part of the vehicle; or
B. A separate cover that is fastened onto the vehicle and secures the top and all sides of the
cargo. [Ord. FY2010-07 §3, 2010].
8.25.110 Proper Disposal of Solid Waste.
No one may dispose of solid waste generated in the contract collection service area except at
state -permitted solid waste processing and disposal facilities in the Borough, including any
recyclables processing center operating in compliance with law and the Borough landfill, unless
exempted in writing by the manager. [Ord. FY2010-07 §3, 2010].
8.25.120 Disposal of Hazardous or Toxic Wastes: Used Motor Oil or Electronic
Waste.
A. Non -Borough Materials Banned. No one may dispose of hazardous or toxic waste, or used
motor oil, which is generated from outside the Borough, at the Borough's landfill, a disposal
facility that has permitted requirements that must be followed.
B. Residential Used Motor Oil. All residents must dispose of used motor oil at the Borough
landfill. The Borough will charge fees in accordance with the approved fee schedule.
1. Up to five gallons per month without charge; or
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2. In excess of five gallons per month, but less than 10 gallons per month in containers not
exceeding five gallons in size, for the charge in the Borough user fee schedule.
C. Household Hazardous Waste. All residents must dispose of household hazardous waste at
the Borough landfill, or other designated Borough facility operating in compliance with the law to
retain the household hazardous waste, or at a sponsored collection event. The Borough will
charge fees in accordance with approved fee schedule.
1. Up to 40 pounds per month without charge; or
2. More than 40 pounds per month for the charge in the Borough user fee schedule.
D. Electronic Waste. All residents must dispose of electronic waste, computer monitors, cathode
ray tubes, circuit board containing components, cables, and cable boxes, generated on
premises that are not residential, such as businesses or schools, at a facility designated by the
manager, or, absent designation, at a facility operating in compliance with law and pay the
charges established at the facility. [Ord. FY2010-07 §3, 2010].
8.25.130 Prohibition on Burning of Solid Waste.
In addition to complying with Chapter 8.35 KIBC, no one may burn any materials that cause
odor or black smoke that has an adverse effect on nearby persons or property, as determined
by the manager, including the following:
A. Animal carcasses;
B. Petroleum-based materials such as plastic bags, or other materials contaminated with
petroleum or petroleum derivatives; and
C. Any other solid waste. [Ord. FY2010-07 §3, 2010].
8.25.140 Solid Waste Contract Hauler.
No one may directly or indirectly provide, organize, manage, direct, or sponsor solid waste
handling services to someone else for compensation in cash, kind or credit, except the
following:
A. The contract hauler; and
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B. Someone transporting solid waste as an incident of its primary business, such as a
contractor transporting construction and demolition debris, in its own vehicles, to the Borough
landfill. [Ord. FY2010-07 §3, 2010].
8.25.150 General Conditions of Service.
A. Collection Hours. Monday through Friday, 5 a.m. until 5 p.m. or as determined from time to
time by the manager.
B. Vehicles. Contract hauler will keep each vehicle that it uses to provide solid waste collection
service clean, flushed and washed daily, well painted, and in good repair, in reasonable
judgment of the manager.
C. Carts and Dumpsters. The contract hauler will provide everyone that receives cart or
dumpster services with use of a cart(s) or dumpster(s) for storage of solid waste. Carts and
dumpsters will remain the property of the contract hauler, unless otherwise provided in the
collection contract.
D. Customer Rights Notice. The contract hauler must provide each customer with a written
"customer's rights" notice, in format and content satisfactory to the manager, including the
following:
1. Type and capacity of subscribed containers;
2. The day(s)of service;
3. The location of the container set -out site;
4. A description of "solid waste" that may be discarded, and a list including examples of
materials that may not be discarded, such as household hazardous waste, bulky items, and
electronics, with alternatives for safe and legal discard;
5. Schedule of monthly service charges;
6. A description of optional services, such as scheduled or on-call collection of bulky
waste, collection of containers from at the billing unit rather than at the public set -out site,
certain container exchanges, dumpster locks, etc., with applicable charges; and
7. Any other matters required by the manager. [Ord. FY2010-07 §3, 20101.
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8.25.160 Prohibition of Scavenging and Tampering.
A. Solid Waste Removal Without Permission. No one may remove solid waste from someone
else's container. See "container" in definitions.
1. The contract hauler;
2. A law enforcement officer;
3. A Borough employee; or
4. Someone authorized and directed by the manager.
B. Use of Container Without Permission. No one may tamper with or use someone else's
container for any purpose without the written permission of the individual or entity that pays for
solid waste collection services with that container or owns that container. [Ord. FY2010-07 §3,
2010].
8.25.170 Ownership.
Solid waste, or any other discarded material, remains the property of the generator until the
occurrence of any of the following events:
A. Public Trash Cans. The generator legally discards the solid waste; for example, a restaurant
customer discards a beverage container into a refuse receptacle provided by the restaurant
where the customer purchased the beverage; or an automobile passenger discards litter in a
refuse receptacle located at a gas station for use of customers.
B. Self -Haul. A billing unit owner and/or customer hauls their own trash to a public roll -off
dumpster set out site or the Borough landfill.
C. Contract Hauler Collection. The contract hauler collects solid waste and recyclables (if
applicable) from its customer's set out site and recycles or disposes of it in accordance with law.
Absent the occurrence of these events, solid waste, or other material, remains the property of
the generator even if the generator abandons the solid waste, exercises no dominion or control
over the solid waste or asserts no ownership of the solid waste. If the generator abandons that
solid waste, for example by litter or illegal dumping, the manager may clean up and discard the
solid waste and charge the generator the related solid waste handling costs. [Ord. FY2010-07
§3, 2010].
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8.25.180 Baler Facility and Sanitary Landfill.
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A. The Borough will provide for the disposal of solid waste generated in the collection service
area, at the Borough's baler facility and sanitary landfill or at another facility or in another
manner approved by the Assembly, such as a materials processing or composting facility.
B. At the Borough baler facility and sanitary landfill, no one may do any of the following:
1. Enter outside of posted opening hours, unless otherwise authorized by the Borough; or
2. Deliver any materials prohibited under KIBC 8.25.200; or
3. Discard any material without first paying applicable user fees under KIBC 8.25.190; or
4. Dispose of any material in an area other than a designated area. [Ord. FY2010-07 §3,
2010].
8.25.190 User Fee Schedule.
A. Enterprise Funding. By resolution, the Assembly will set fees for solid waste management
services provided at the Borough owned or operated facilities, including disposal of solid waste
and household hazardous waste at Borough's baler facility and the sanitary landfill, sufficient to
cover the facilities' costs of operation, maintenance, and capital improvements without subsidy
from any other source, as an enterprise and nonsubsidized freestanding operation.
B. Cash or Commercial Charge Accounts. No one may deliver any material to a facility owned
or operated by the Borough without paying applicable fees established by resolution of the
Assembly in cash upon delivery, except the following users:
1. The contract hauler and other commercial users determined by the manager, such as
contractors that regularly deliver construction and demolition debris to the Borough landfill,
which may establish charge accounts under subsection D of this section.
C. Schedule. The Assembly will establish a user fee schedule, which may provide fees for
different categories of service, including the following:
1. Per unit of weight, such as ton, of solid waste;
2. Per unit of time, such as a half-hour, for materials that require special handling by
facility personnel upon delivery, in addition to the applicable fees per ton;
3. For types and amounts of hazardous and toxic waste; or
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4. For any other materials.
D. Charge Accounts. The manager may extend credit for user fees as follows:
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An applicant may obtain a credit application from the director of finance or their
designee;
All credit applications are subject to approval by the director of finance in their discretion
and this may include a deposit. The Borough may retain the deposit for up to one year, after
which the owner may request the return of the deposit if Borough determines that the
applicant has established a record of timely payment. The Borough is not obligated to
escrow or pay interest on the deposit;
2. The charge account holder must pay bills within 30 days after the Borough mails the
monthly bill; and
3. The director of finance may revoke credit and charging privileges without notice to the
charge account holder at any time an account becomes delinquent. [Ord. FY2010-07 §3,
2010].
8.25.200 Prohibited Disposal.
A. Unpermitted. No one may deliver to, deposit at, or dispose in the Borough landfill any of the
following materials:
1. Material prohibited under the Borough's solid waste disposal permit issued by the
Alaska State Department of Environmental Conservation;
2. Polluted or contaminated soil as defined in 18 AAC 60, 18 AAC 75 or 18 AAC 78; and
3. Sewage sludge for which no test results, required by law (e.g., 18 AAC 60.365) or as
determined by the manager, have been submitted to the Borough.
B. Exceptions. Exempt waste described below is prohibited from disposal unless it meets the
following requirements:
1. It is mixed with nonexempt waste;
2. There is a public health, safety, or welfare threat or environmental problem associated
with management of the exempt waste as determined by the manager; or
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3. The exempt waste is being managed in a manner that causes or contributes to a
nuisance.
"Exempt wastes" means the following:
1. Land clearing waste, including excavated dirt, rock, soil, butt ends, stumps, and other
similar waste;
2. Tree limbs and other foliage or woody debris, sometimes referred to as "slash," in a
timber harvest area;
3. Bricks, mortar, and Portland cement type concrete, including reinforcing steel that
cannot be easily removed;
4. Crumb rubber used in asphalt paving;
5. Crushed glass;
6. Crushed asphalt pavement used:
a. In a building pad or parking area as road base, or pavement; or
b. As a material to construct a containment berm for a tank farm. [Ord. FY2010-07 §3,
2010].
8.25.210 Applicability of Federal, State, and Local Solid Waste Law.
Solid waste law and the rules, regulations, provisions, and conditions promulgated under that
law (as they may be amended, repealed, or replaced) applies in the Borough and failure to
comply with solid waste law is a violation of this chapter. The Borough may, but is not obligated
to, take enforcement actions or seek remedies for violation of solid waste law.
Examples of solid waste law follow:
A. With respect to environmental protection:
1. Comprehensive Environmental Response, Compensation and Liability Act of 1982 (42
U.S.C. Sections 9601 et seq.) ("CERCLA");
2. Resource Conservation and Recovery Act (42 U.S.C. Sections 6901 et seq.) ("RCRA");
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3. Clean Air Act (42 U.S.C. Sections 1351 et seq., 42 U.S.C. Sections 7401 — 7642); and
California Clean Air Act (Health and Safety Code Sections 1251 et seq. and Health and
Safety Code Sections 39000 et seq.);
4. Emergency Planning and Community Right to Know Act (42 U.S.C. Sections 11001 et
seq.);
5. Alaska Department of Environmental Conservation, Solid Waste (18 AAC 60);
6. Litter receptacles (18 AAC 64.005 — 18 AAC 64.250);
7. Hazardous waste (18 AAC 62.010 — 18 AAC 62.990);
8. Pesticide control (18 AAC 90.010 — 18 AAC 90.990); and
9. Oil and other hazardous substances pollution control (18 AAC 75.005 — 18 AAC
75.990).
B. With respect to solid waste handling labor:
1. Occupational Safety and Health Act (29 U.S.C. Sections 651 et seq.), including the
Solid Waste Disposal Facility Criteria promulgated by the U.S. EPA on October 9, 1991 (40
C.F.R., Parts 257 and 258);
2. Immigration Reform and Control Act of 1986 (PL.99-603).
C. Miscellaneous:
1. Civil Rights Act of 1964 (Subchapter VI or Chapter 21 of Title 42). [Ord. FY2010-07 §3,
2010].
8.25.220 Administration, Implementation, and Enforcement.
The manager is authorized to administer, implement, and enforce this chapter and promulgate
related solid waste policy, unless this chapter expressly names another person. The manager
may request assistance from other persons or request that other persons administer, implement
and enforce all or a portion of this chapter. Examples of other persons are:
A. The director of finance or the auditor -controller, for example, with respect to collection of
user fees;
B. City of Kodiak police department;
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C. Borough attorney;
D. Other Borough departments;
E. District attorney;
F. Alaska State Department of Environmental Conservation;
G. Alaska Department of Fish and Game;
H. Alaska State Troopers; and
I. A code enforcement officer designated under KIBC 1.20.030. [Ord. FY2020-09 §7, 2020;
Ord. FY2010-07 §3, 2010].
8.25.230 Enforcement Officer.
Repealed by Ord. FY2020-09. 8.25.240 Violations, Enforcement Actions and Remedies.
A. Violations.
1. Per Failure. Each failure to comply with any provision of this chapter or any regulation
promulgated under this chapter constitutes a separate violation. For example, scavenging is
a separate violation for each container from which materials are scavenged.
2. Per Day. Each day a violation continues is a separate violation. For example, failure to
maintain a collection vehicle in accordance with KIBC 8.25.150(B) is a separate violation for
each day until the vehicle is repaired.
B. Enforcement Actions and Remedies.
1. Actual Violations. If the manager believes that someone has violated any provision of
this chapter, whether that person is acting or failing to act in the capacity of a principal,
agent, employee or otherwise, then the manager may institute any enforcement action and
exercise any legal or equitable remedy available to the Borough under law, such as the
following:
a. Civil actions seeking a penalty of up to $250.00 per violation;
b. Civil actions seeking injunctive relief;
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c. Civil suits seeking damages or civil penalties, including the costs of any corrective
action that the manager deems necessary to mitigate consequences of violations,
whether acts or omissions; or
d. Proceedings to declare a property a public nuisance and abate the nuisance as
authorized by AS 46.03.870(c).
2. Imminent Violations. If the manager believes that a person will imminently violate any
provision of this chapter, whether that person is acting or failing to act in the capacity of a
principal, agent, employee, or otherwise, then the manager may exercise any equitable
remedy available to the Borough under law, such as a temporary restraining order or
injunction.
3. Enforcement Actions and Remedies Are Cumulative, Not Exclusive. Enforcement
actions and remedies are cumulative, not mutually exclusive. The manager may institute
any single enforcement action or exercise any single remedy or a combination of multiple
enforcement actions and remedies, separately or simultaneously. The manager need not
conclude any particular enforcement action or exhaust any particular remedy before
instituting other enforcement action or exercising any other remedy.
4. Penalties and Remedies Are Not Limited. The penalties and remedies provided for
violation of this chapter are in addition to and not in lieu of any other penalty or remedy
provided for in state law or otherwise. [Ord. FY2015-06 §2 (Exh. A), 2014; Ord. FY2010-07
§3, 2010].
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.
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AGENDA ITEM #14.D.1.
KODIAK ISLAND BOROUGH
STAFF REPORT
JULY 18, 2024
4 '
�s ASSEMBLY REGULAR MEETING
SUBJECT: Confirmation Of Mayoral Appointment To The Planning and Zoning
Commission City Seat Of Ms. Tracy Craig
ORIGINATOR: Nova M. Javier, MMC, Borough Clerk
RECOMMENDATION:
Move to confirm the Mayoral appointment of Ms. Tracy Craig to the Planning and Zoning
Commission City Seat for a term to expire December 31, 2026.
DISCUSSION:
An application was submitted by Ms. Tracy Craig on June 5, 2024. There is currently one
vacant city seat on the Planning and Zoning Commission, and this appointment will place Ms.
Craig in the vacant seat.
Enclosed in the packet is an email from the City of Kodiak recommending Ms. Craig for this
City Seat for a term ending on December 31, 2026.
ALTERNATIVES:
FISCAL IMPACT:
OTHER INFORMATION:
KIBC 2.105.010
There is created pursuant to AS 29.40.020 a planning and zoning commission, which shall
consist of seven members appointed by the mayor subject to confirmation by the assembly,
except that a member from a home rule or first class city shall be selected from a list of
recommendations submitted by the council.
Kodiak Island Borough
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AGENDA ITEM #14.D.1.
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
NAME
(4 BOROUGH SEATS)
TERM
ENDS
CONTACT
NO.
EMAIL
1
Linnea Johnson
3695 Puffin Circle
2024
(907) 299-7119
Linnea.iohnson(a)kibplanning.org
Igrochmal(a)_kodiakak.us
2
Cort Neff
PO Box 8592
2024
(907) 512-7272
907 486-6248
Cort.neff(a)_kibplanning.org
3
Craig Dagen
2222 Beaver Lake Dr.
2026
(626) 833-0348
craig.dagen(cbkibplanning.org
4
Sara Fraser (Vice -Chair)
3239 Spruce Cape Road
2025
(907) 799-9282
sara.fraser(a)kibplanning.org
NAME
(3 CITY SEATS)
TERM
ENDS
CONTACT
NO.
EMAIL
5
Kent Cross
PO Box 3164
2025
(907) 942-3189
Kent. cross(okibplanning.org
6
Christopher Paulson (Chair)
1118 Steller Way
2024
(907) 539-1973
Christopher.paulson(a)kibplanning.org
7
VACANT
2026
Community Development Department Staff:
Chris French, AICP
(907) 486-9360
cfrench(o)kodiakak.us
CDD Director
Joseph Grochmal
(907) 486-9361
Igrochmal(a)_kodiakak.us
Associate Planner
James Dixon,
(907) 486-9364
idixon(c�kodiakak.us
Code Enforcement Officer
Bronwyn Currie
(907) 486-9363
bcurrie(okodiakak.us
CDD Permit Technician
LEGISLATION:
Kodiak Island Borough Code 2.105, Planning and Zoning Commission
Adopted By-laws, Ratified date: April 17, 2017
Rev. by IA
On: 7/1/2024
Confirmation Of Mayoral Appointment To The Planning and Zoning Commissio... Page 214 of 232
AGENDA ITEM #14.D.1.
From: noreRly(alcivicplus.com
To: Clerk
Subject: Online Form Submittal: Application Form
Date: Wednesday, June 5, 2024 3:24:35 PM
Application Form
Please complete the online form below. Please be aware that the information
given on your application is made available to the public. Staff will require the use
of a mailing address, email address, and contact phone number to provide board
and meeting information.
PERSONAL INFORMATION
Full Name Tracy Craig
Physical Address
1616 Larch Street
Where you Claim
Residency:
Phone Number(s)
9079423507
(numeric only):
Email Address(s):
akbencraig@aol.com
Employer/Occupation:
Kodiak Highschool
Select the the Board,
Planning and Zoning Commission*
Committee,
Commission, or Work
Group for which you
are applying:
Other: Field not completed
Category: City
PLEASE ANSWER THE FOLLOWING
Are you a Borough Yes
Resident?
If yes, for how long? 32
Are you a registered Yes
voter?
*(Planning And Zoning Commissioners, Once Appointed, Will Be Required To Fill
Out APOC Financial Disclosure Forms)*
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AGENDA ITEM #14.D.1.
Are You Willing To File Yes
APOC Financial
Disclosure Forms?
BACKGROUND INFORMATION
Please List Any
Current Memberships
Or Organization(S) You
Belong To Or
Participate In:
What Background,
Special Training,
Education, Experience,
Or Credentials Do You
Possess And Will Bring
To Your Selection(S):
Why Are You
Interested In Serving
On The Selected
Board, Committee,
Commission, Or Work
Group? Explain Your
Main Reason For
Applying. This May
Include Information On
Future Goals Or
Projects You Wish To
See Accomplished Or
Any Additional
Information That May
Assist The Mayor And
Assembly In The
Decision -Making
Process:
Additional Information,
A Resume, Or Letter
Of Interest May Be
Uploaded But Is Not
Required.
Lions Club, PTA, Beta Sigma Phi, Student Council
Construction experience , flagging, working with consultants and
contractors, housing advisor 7 years USCG Kodiak, Housing
Inspector and Housing Advisor Kodiak Island Housing Authority 5
years
I want Kodiak to be a visually appealing place. I am interested in
code and I have time to give back to my community. I am
dependable and I like working with people
Field not completed.
FOR CLERKS OFFICE STAFF ONLY
Registered Voter of the Field not completed.
Borough:
Confirmation Of Mayoral Appointment To The Planning and Zoning Commissio... Page 216 of 232
AGENDA ITEM #14.D.1.
Resident of the Service Field not completed.
Area:
Date Provided to Field not completed.
Mayor or Assembly:
Email not displaying correctly? View it in your browser.
Confirmation Of Mayoral Appointment To The Planning and Zoning Commissio... Page 217 of 232
AGENDA ITEM #14.D.1.
From: Shuravloff-Nelson. Michelle
To: Nova Javier
Cc: Clerks
Subject: P8&Z Appointment
Date: Monday, July 1, 2024 2:34:50 PM
Nova,
The City Council recommended Tracy Craig for appointment to the Planning and Zoning Commission
for a term ending December 31, 2026 during their regular meeting on June 27, 2024.
Thank you,
Michelle Shuravloff-Nelson, MMC
City Clerk
City of Kodiak, Clerk's Office
710 Mill Bay Road, Room 120
Kodiak, AK 99615
Phone: 907-486-8636
Fax: 907-486-8633
Email: mshuravloff-nelsonCcDcity.kodiak.ak.us
Messages to and from this e-mail address may be available to the public under Kodiak City Code
provisions and Alaska State Statutes.
Confirmation Of Mayoral Appointment To The Planning and Zoning Commissio... Page 218 of 232
AGENDA ITEM #14.D.2.
KODIAK ISLAND BOROUGH
STAFF REPORT
JULY 18, 2024
4 '
�s ASSEMBLY REGULAR MEETING
SUBJECT: Confirmation Of Mayoral Appointment Of One City Representative And One
Borough Representative From The Planning And Zoning Commission To The
Borough Lands Committee (Mr. Kent Cross and Ms. Sara Fraser)
ORIGINATOR: Lina Cruz, Deputy Clerk
RECOMMENDATION:
Move to confirm the Mayoral appointments of Commissioner Kent Cross as the P&Z city
representative and Commissioner Sara Fraser as the P&Z borough representative to the
Borough Lands Committee.
DISCUSSION:
Per KIBC. 2.160.010 Created - Membership
There is created a borough lands committee consisting of the following voting members: the
mayor, two assembly members, one representative from the Alaska Native Claims Settlement
Act (ANCSA) Corporations in the Kodiak region, one borough representative from the
planning and zoning commission, one city representative from the planning and zoning
commission, and one at large member from the public. Members are appointed in accordance
with KIBC 2.100.030 and shall meet the qualifications of KIBC 2.100.040. There will be four
nonvoting ex officio members: representative from the city of Kodiak council, the borough
resource management officer, community development director and one representative from
the United States Coast Guard appointed by the ISC commanding officer.
There are currently two vacant seats on the Borough Lands Committee, one City
Representative, and one Borough Representative from the Planning and Zoning Commission.
ALTERNATIVES:
FISCAL IMPACT:
OTHER INFORMATION:
Kodiak Island Borough
Confirmation Of Mayoral Appointment Of One City Representative And One B... Page 219 of 232
AGENDA ITEM #14.D.2.
#� KODIAK ISLAND BOROUGH
66. 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(c)-kibassembly.org
Kodiak, AK 99615
3
Scott Smiley
Assembly member
Yearly
Appointment
(907) 942-0184
Scott.Smiley(a kibassembly.org
Kirk. D. Kalmbacher(a)uscg.mil
4
P&ZC-B
Yearly
Appointment
S.bran dt-e rich sen(a*eenecurral1.com
5
P&ZC-C
Yearly
Appointment
6
ANCSA Representative
Corey Gronn
12/2027
(907) 654-7559
907 486-8670
Cgronn .city.kodiak.ak.us
7
At Large Seat
Dave Townsend
12/2027
(907) 654-4123
Davetownl2(a)hotmail.com
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.bran dt-e rich sen(a*eenecurral1.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
niavier(a)kodiakak.us
S.bran dt-e rich sen(a*eenecurral1.com
LEGISLATION:
Kodiak Island Borough Code 2.160
Rev. by IA
On: 6/28/2024
Confirmation Of Mayoral Appointment Of One City Representative And One B... Page 220 of 232
AGENDA ITEM #18.A.
KODIAK ISLAND BOROUGH
Architectural and Engineering Review Board Regular Meeting
March 7, 2024
Held in the Conference Room 121 of the Kodiak Island Borough Building.
CALL TO ORDER
ROLL CALL
Jascha Zbitnoff called the regular meeting to order at 3:01 p.m. Board Members
present were Jascha Zbitnoff, Jerrol Friend, Dan Rohrer, Jon Melin, Ty Swanson,
Codi, Allen and Doug Mathers. A quorum was established. Also present were Kodiak
Island Borough Assembly Member Ryan Sharratt, Kodiak Island Borough Mayor Scott
Arndt, Kodiak Island Borough Manager Aimee Williams, Kodiak Island Borough
Engineering & Facilities Director David Conrad, Kodiak Island Borough School District
Cyndy Mika, and John Bush from Providence Kodiak Island Medical Center.
APPROVAL OF AGENDA
FRIEND MOVED to approve the agenda as written. MELIN seconded.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
APPROVAL OF MINUTES
ROHRER MOVED to approve the minutes from February 13, 2024. MATHERS
seconded.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
CITIZENS' COMMENTS (Limited to Three Minutes per Speaker)
NEW BUSINESS
a. PKIMC Chiller Replacement
David Conrad reviewed where this project started and introduced John Bush from
Providence. John reviewed the drawings, plans, and options. There was discussion
among the Board and between John regarding the options. Direction was given to John
and staff to go back and review the following options: unit on roof, unit moved to another
location to keep parking, provide more information on water cooled systems, and provide
estimates of design costs for options.
b. PKIMC ATS (Automatic Transfer Switch) Layout Options
John Bush reviewed what is currently in the hospital building for ATSs and what options
they had explored. Direction was given to add a load bank option as an alternate, and to
do the same estimates and investigating as the Chiller and come back.
Kodiak Island Borough Architectural and Engineering Review Board
March 7, 2024 Regular Meeting Minutes
Page 1 of 2
Architectural and Engineering Review Board Regular Meeting Minutes of Ma... Page 221 of 232
AGENDA ITEM #18.A.
C. PKIMC Space Analysis Master Report
David Conrad reviewed the history of where the space analysis started and where we
currently are in the process. There was discussion among the Board regarding the
current physical environment and integrity of the buildings. The Board also discussed the
current health care systems of the community and what the future of that would be.
BOARD MEMBERS' COMMENTS
Dan Rohrer - None.
Ty Swanson - None.
Doug Mathers - None.
Jerrol Friend - None.
Ryan Sharratt - None.
Jon Melin - Read the report it has good information, and it was worth the time and
effort.
Codi Allen - None.
Jascha Zbitnoff - None.
David Conrad - Thank you. I know this takes time out of everyone's day but it is good
to communicate. We are having more meetings which is good.
ADJOURNMENT
FRIEND MOVED to adjourn the meeting at 4:03 pm. SWANSON seconded.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
RESPECTIVELY SUBMITTED:
6�ww
E SECRETAR : Patricia Valerio
IRPERSON: Jascha Zbitnoff
Architectural/Engineering Review Board
DATE:
ARE EIVED
JUN 2 4 2024
BOROUGH CLERK'S OFFICE
KODM ALASKA
Kodiak Island Borough Architectural and Engineering Review Board
March 7, 2024 Regular Meeting Minutes
Page 2 of 2
Architectural and Engineering Review Board Regular Meeting Minutes of Ma... Page 222 of 232
L
AGENDA ITEM #18.A.
KODIAK ISLAND BOROUGH
Planning and Zoning Commission Regular Meeting
May 15, 2024
A regular meeting of the Kodiak Island Borough Planning and Zoning Commission was held on
May 15, 2024, in the Borough Assembly Chambers, 710 Mill Bay Road. The meeting was called
to order at 6:30 p.m. Staff present were Community Development Associate Planner Joe
Grochmal and Community Development Permit Technician Bronwyn Currie.
CALL TO ORDER
At 6:30 p.m.
PLEDGE OF ALLEGIANCE
ROLL CALL
Present were Christopher Paulson, Kent Cross, Linnea Johnson, Cort Neff and Craig Dagen.
Cross moved to excuse Ms. Fraser
Dagen seconds motion.
VOICE VOTE CARRIED UNANIMOUSLY 5/0
APPROVAL OF AGENDA
Johnson moved to approved the May 15, 2024 Regular Meeting Agenda.
Cross seconds motion.
VOICE VOTE CARRIED UNANIMOUSLY 5/0
APPROVAL OF MINUTES
Cross moved to approve the April 17, 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. Toll -Free Number: 855-492-9202.
Comments are for general topics only.
1. There were none.
Kodiak Island Borough
May 15, 2024
Planning and Zoning Commission Regular
Meeting Minutes
Architectural and Engineering Review Board Regular Meeting Minutes of Ma... Page 223 of 232
AGENDA ITEM #18.A.
PUBLIC HEARING
Case 24-013 - The Kodiak Electric Association requests a Title 18 Land Disposal
review (KIBC 18.20.060A) to create a ten -foot (10) wide electrical easement beginning
at the northerly corner of Lee's Subdivision, Lot 4, Plat 2010-14, Kodiak recording
District, Kodiak Alaska. Common Address: 2647 Selief Lane. Property Owner: Kodiak
Island Borough.
Cross moved to approve Case No. 24-013 to approve the Kodiak Electric Association's land
disposal request and requested utility easement 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 May 9, 2024, entered into the record for this case as "Findings of Fact" for Case
No. 24-013.
Neff seconds motion.
Joe Grochmal presents 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.
1. There were none.
Commission Discussion.
1. Cross discusses staffs decision.
ROLL CALL VOTE CARRIED UNINIMOUSLY 5/0
OLD BUSINESS
Ordinance 2024-16 - Amendment to Various Chapters and Sections of Kodiak Island
Borough Code Title 17 Zoning which Pertain to Accessory Dwelling Units
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.
8. The R2 zone was removed by amendment at the March 20 regular meeting
Kodiak Island Borough Planning and Zoning Commission Regular
May 15, 2024 Meeting Minutes
Architectural and Engineering Review Board Regular Meeting Minutes of Ma... Page 224 of 232
AGENDA ITEM #18.A.
9. At the April 17 meeting, the Commission amended the ordinance to include revisions
to the development standards that detached ADUs be behind or to the side of the
principal structure and add a development standard requiring that the subject property
meet the minimum lot size of the applicable zoning district.
The ordinance was deferred at the last regular meeting therefore no additional
testimony will be taken. The Commission may make a recommendation to the Assembly
if there are no additional changes to the ordinance. Since this ordinance is under old
business minor amendments may be made, but any major amendments will require that
the ordinance go back to a public hearing.
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."
Neff moved to amend Ordinance 2024-16 to restore the owner -occupied requirement.
Dagen seconds motion.
Commission discussion.
1. Neff spoke on the proposed amendment.
2. Johnson continues discussion.
3. Cross speaks further on proposed amendment.
4. Dagen gives his opinion.
ROLL CALL VOTE: 2 IN FAVOR, 3 IN DENIAL
MOTION FAILS
Dagen moved to return the parking requirements to original Code.
Neff seconds motion.
Commission Discussion.
1. Dagen speaks on the proposed amendment.
2. Paulson speaks further on the topic.
3. Cross continues discussion.
ROLL CALL VOTE: 1 IN FAVOR, 4 IN DENIAL
MOTION FAILS
ROLL CALL VOTE ON ORIGINAL MOTION AS AMENDED: 3 IN FAVOR, 2 IN DENIAL
MOTION FAILS FOR LACK OF 4 VOTES
Item deferred to the next Regular Meeting.
Kodiak Island Borough Planning and Zoning Commission Regular
May 15, 2024 Meeting Minutes
Architectural and Engineering Review Board Regular Meeting Minutes of Ma... Page 225 of 232
NEW BUSINESS
1. There were none.
PLANNING AND ZONING CASE RESULTS LETTERS
1. There were none.
ABBREVIATED AND FINAL APPROVALS - SUBDIVISIONS
1. There were none.
DIRECTORS' COMMENTS
AGENDA ITEM #18.A.
}M 9MR
JUN 2 5 2024
BOROUGH CLEWS OFFICE
KODIAK, ALASKA
1. Grochmal talks on updates from Community Developments webpage for the Hazard
Mitigation, the logo contest, and the American Planning Association Conference.
CITIZENS' COMMENTS
Citizens Comment is limited to three minutes per speaker.
Local Number: 907-486-3231. Toll -Free Number: 855-492-9202.
COMMISSIONERS' COMMENTS
1. Cross speaks on the decisions made tonight.
2. Dagen talks on his opinion for the ADU ordinance.
3. Paulson continues talk on tonight's decision.
ANNOUNCEMENTS FROM THE CHAIR
b. The next Work Session of the Planning and Zoning Commission is scheduled
for June 12, at 6:30 p.m., located in the Assembly Chambers.
The next Regular Meeting of the Planning and Zoning Commission is
scheduled for June 18, at 6:30 p.m., located in the Assembly Chambers.
ADJOURNMENT
Dagen moved to adjourn
Cross seconds motion
VOICE VOTE CARRIED UNINIMOUSLY 5/0 AT 7:04 P.M.
r
S -
Bronwyn Currie, Permit Technician
KODIAK ISLAND BOROUGH
KODIAK ISLAND BOROUGH
Ck--��
Christopher Paulson, Chair
Approved on: (,d � 51p 0 '24
Kodiak Island Borough Planning and Zoning Commission Regular
May 15, 2024 Meeting Minutes
Architectural and Engineering Review Board Regular Meeting Minutes of Ma... Page 226 of 232
WOM ENS BAY SERVICE BOARD
REGULAR MEETING MINUTES
Date: Tuesday, June 4, 2024
Call to Order: 5:30
Commissioners Present:, Greg Egle-chair, Billy Ecret vice -chair,
Dave Heuman-Secretary, Jon Melin and Bill Roberts.
AGENDA ITEM #18.A.
ORIGINAL
Commissioners Excused: Jason Chandler, Travis Cooper
Also in Attendance: Dave Conrad -Fire Chief, Kevin Arndt and Brandon Cox- Contractors, Scott
Amdt-KIB Mayor and Amy Williams-KIB Manager
Approval of agenda by unanimous vote.
Approval of minutes by unanimous vote for:
1. Regular Meeting of May 7, 2024
Citizen's Comments:
1. Amy Williams says the KIB has submitted a proposal to the State for Borough Road
paving, for $10M, to be used for Roads, apportionment TBD
2. However, the AKDOT funding has been reduced for our South Coast Region
3. A hydrology study is underway encompassing the 2 Highway bridges and Sgt Ck Road.
4. KIB land committee is being formed to find KIB lands for sale for more housing
Contractor Comments:
1. Some paving and patching, low activity in May
Chairman's Report:
1. Budget updates -
a) RS: We've spent all but 1k of our funds this year!
b) FD: New High -viz Jackets purchased for VFD
2. Communications
no update
Old Business:
1. Fire Dept
a) Repeater install pending
b) Brush Truck Recall pends scheduling w/ fent' trip
c) Water line repairs; pends scheduling
d) Planning to pave lot to the North of the
hall next budget year.
2. Road Service;
a) AW suggest we resubmit paving
projects to P82 for CIP List
b) Kubiak DW Permit
i) Upsize culvert to 24"
ii) Length NTE 30'
New Business:
Fire Dept
a) Volunteers lacking, only 2 at
recent training.
Page 1 of 2
Architectural and Engineering Review Board Regular Meeting Minutes of Ma... Page 227 of 232
WOM�NS 134Y SPERVICE BOARD
fttGULAR MEETING MINUTES
b) Stipend could incentivize, will
suggest schedule.
2. Road Service
a) Moved and passed, 4:1, to pave
and patch S Russ Ck, NTE 8k
b) Tracking flooding for the FY
Board Member Comments;
Meeting adjourned at 6:45 pm
Next Regular meeting scheduled for July 2, 2024 at 5:30 p.m.
G �
CHAIR E SON
AGENDA ITEM #18.A.
WITNESS
IRE EIVED
JUL 0 3 2024
BOROUGH CLERICS OFFICE
KODIAK, ALASKA
Page 2 of 2
Architectural and Engineering Review Board Regular Meeting Minutes of Ma... Page 228 of 232
AGENDA ITEM #18.B.
Page 4 of 15 — KIB-KISA Salonie Creek Range Lease
VII. Waste and Nuisance Prohibited, Lead Management Plan Required.
A. During the term of this Lease, KISA shall comply with all applicable laws affecting the Premises, the
breach of which might result in any penalty on KIB or forfeiture of KIB's title to the Premises. KISA shall
not commit, or suffer to committed, any waste on the Premises, or any nuisance.
B. On or before one year from the date of this agreement, KISA shall develop a Lead Management Plan
based upon the -with the Environmental Protection Agency's most current version of The Best
Management Practices for Lead at Outdoor Shooting Ranges (EPA's Best Practices) to minimize and
manage lead contamination of the small arms ranee; and shall submit that plan to the KIB feeval.
KISA shall implement the appFeved plan. and if Ifthe plan requires initial lead removal, KISA shall begin
an initial lead removal operation on thePFem*5e5 small arms ranee within the first eighteen (18) months
of Lease signing. Lessee shall reenne-we all lead fF9FH the PF9peFty that emeeeds peFFAOSSible levels a
Clean version —
A. During the term of this Lease, KISA shall comply with all applicable laws affecting the Premises, the
breach of which might result in any penalty on KIB or forfeiture of KIB's title to the Premises. KISA shall
not commit, or suffer to committed, any waste on the Premises, or any nuisance.
B. On or before one year from the date of this agreement, KISA shall develop a Lead Management Plan
based upon the Environmental Protection Agency's most current version of The Best Management
Practices for Lead at Outdoor Shooting Ranges (EPA's Best Practices) to minimize and manage lead
contamination of the small arms range; and shall submit that plan to the KIB. KISA shall implement the
plan and if the plan requires initial lead removal, KISA shall begin an initial lead removal operation on the
small arms range within the first eighteen (18) months of Lease signing.
Page 229 of 232
v
v
0
N
W
O
0
N
W
N
Regular / Special
Convened:
KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET �
Date: 0 -711 E' bc �
Recessed:
Reconvened:
Adjourned:
BY:
SECOND:
le
BY: Co
SECOND.—ya
ww��
V
BY:
SECOND: GI
BY:
SECOND:56,
�b�
�a
BY: 5 7
SECOND:36
r
V
YES
NO
YES
NO
YES
NO
YES
NO
S
NO
Mr. Ames
V
Mr. Ames
Mr. Ames
V
Mr. Ames
Mr. Ames
V
Mr. Griffin
Mr. Griffin
Mr. Griffin
Mr. Griffin
Mr. Griffin
V
Mr. LeDoux
Mr. LeDoux
Mr. LeDoux
V
Mr. LeDoux
Mr. LeDoux
Mr. Sharratt
V
Mr. Sharratt
Mr. Sharratt
Mr. Sharratt
✓
Mr. Sharratt
Mr. Smiley
Mr. Smiley
Mr. Smiley
✓'
Mr. Smiley
Mr. Smiley
Mr. Turner
V
Mr. Turner
Mr. Turner
v'
Mr. Turner
Mr. Turner
Mr. Whiteside
Mr. Whiteside
Mr. Whiteside
V
Mr. Whiteside
Mr. Whiteside
n
WOULD
ANYONE LIKE TO CHANGE THEIR VOTE? WOULD ANYONE
LIKE TO CHANGE _T_HE_ IR VOTE?W
TOTAL:
TOTAL:
TOTAL:
TOTAL:
!110
1 TOTAL:
The mayor may not
vote except in the case where only six members of the assembly are present and there is a thre /three tie vote of the assembly. �
Mayor Arndt
V
Mayor Arndt
Mayor Arndt
I
Mayor Arndt
Mayor Arndt
y
i
T
v
0
N
W
0
N
w
N
Regular V Special
9 p
Convened:
KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET
Recessed:
Reconvened:
Date:
011
Adjourned: '
BY: �,)
U'
SECOND:
BY: Gf-�
SECOND:
BY:
SECOND:
BY:
SECOND:
BY:
SECOND:
YES
NO,
YES,
NO
YES
NO
YES
NO
YES
NO
Mr. Ames
V
Mr. Ames
Mr. Ames
Mr. Ames
Mr. Ames
Mr. Griffin
Mr. Griffin
Mr. Griffin
Mr. Griffin
Mr. Griffin
Mr. LeDoux
Mr. LeDoux
Mr. LeDoux
Mr. LeDoux
Mr. LeDoux
Mr. Sharratt
Mr. Sharratt
Mr. Sharratt
Mr. Sharratt
Mr. Sharratt
Mr. Smiley
Mr. Smiley
Mr. Smiley
Mr. Smiley
Mr. Smiley
Mr. Turner
Mr. Turner
Mr. Turner
Mr. Turner
Mr. Turner
Mr. Whiteside
V
Mr. WhitesideMr.
Whiteside
Mr. Whiteside
Mr. Whiteside
-
OULD
ANYONE LIKE TO CHANGE THEIR VOTE? WOULD ANYONE LIKE TO CHANGE THEIR VOTE',
TOTAL:
TOTAL:
TOTAL:
TOTAL:
TOTAL:
Z
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. n
Mayor ArndtT
I
Mayor Arndt
Mayor Arndt
Mayor ArndF7
I
Mayor Arndt
I
Meeting Type:
KODIAK ISLAND BOROUGH
Assembly Regular Meeting
Please PRINT vour name legibiv
AGENDA ITEM #18.B.
Date: I LA(A 20N
Phone number
Page 232 of 232
Qty 1 5 Z - oF%
rh-�
Page 232 of 232
AGENDA ITEM #18.B.
`t Kodiak Island Borough
Assembly Newsletter
Vol. FY2025, No. 01 July 19, 2024
At Its Regular Meeting Of July 18, 2024, The Kodiak Island Borough Assembly Took The Following
Actions. The Next Regular Meeting Of The Borough Assembly Is Scheduled On August 1, 2024, At 6:30
P.M. In The Borough Assembly Chambers.
ADOPTED Resolution No. FY2025-05 A Resolution Of The Kodiak Island Borough Assembly Authorizing
Disposal By Lease Of Lot 1 And Lot 9 U.S. Survey 2539 To The Kodiak Island Sportsman's Association
For The Purpose Of Managing The Salonie Creek Rifle Range And Providing A Range Caretaker's Site
CONFIRMED The Mayoral Appointment Of Ms. Tracy Craig To The Planning And Zoning Commission
City Seat For A Term To Expire December 31, 2026
CONFIRMED The Mayoral Appointments Of Commissioner Kent Cross As The Planning And Zoning
Commission City Representative And Commissioner Sara Fraser As The Planning And Zoning
Commission Borough Representative To The Borough Lands Committee
View our website: Visit our Facebook page: � Follow us on
www.kodiakak.us www.facebook.com/KodiakislandBorough Twitter:
@KodiakBorough
Page 233 of 232