2024-11-14 Special MeetingKodiak Island Borough
Assembly Special Meeting Agenda
Thursday, November 14, 2024, Assembly Chambers
This special meeting will immediately follow the
Assembly Work Session which starts at 6:30 p.m.
This special meeting was called by Deputy Presiding Officer Smiley.
This meeting is open to the public and will be broadcast on the Borough's You Tube Channel. Meeting
packets are available online. Please subscribe to get meeting notifications when meeting packets are
published. For public hearing and citizens comments, please call (907) 486-3231 or (855) 492-9202.
Page
1. ROLL CALL
2. CITIZENS COMMENTS
3. CONSIDERATION OF MATTER(S) IN THE CALL FOR THE SPECIAL
MEETING
A. Election Of The 2024-2025 Borough Assembly Deputy Presiding
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Officer
Agenda Item Report - Pdf
B. Resolution No. FY2025-10, Accepting Grant Funds From The
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Denali Commission For The Purpose Of Updating The Kodiak
Island Borough Solid Waste Management Plan And Related
Regional Planning Activities
Agenda Item Report - Pdf
C. Resolution No. FY2025-11, A Resolution Of The Kodiak Island
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Borough Assembly Accepting 2023 State And Local
Cybersecurity Grant Program Funds In The Amount of $227,997
Agenda Item Report - Pdf
D. Rescinding The Approval Of Contract No. FY2024-38 With Otis
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Elevator Company For Elevator Maintenance Services
Agenda Item Report - Pdf
E. Declaring A Seat Vacant On The Solid Waste Advisory Board
93 - 95
(Ms. Kerry Irons)
Agenda Item Report - Pdf
F. Confirmation Of Mayoral Appointments Of Ms. Leanna Harrington
96 - 101
Page 1 of 109
and Ms. Kimberly Olson To The Solid Waste Advisory Board
Agenda Item Report - Pdf
G. Confirmation Of Assembly Appointment To The Bayview Service 102 - 105
Area Board Of Mr. Sean Rauwolf
Agenda Item Report - Pdf
4. ADJOURNMENT
5. INFORMATIONAL MATERIALS
A Meeting Materials 106 - 109
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AGENDA ITEM O.A.
KODIAK ISLAND BOROUGH
STAFF REPORT
t NOVEMBER 14, 2024
ASSEMBLY SPECIAL MEETING
SUBJECT: Election Of The 2024-2025 Borough Assembly Deputy Presiding Officer
ORIGINATOR: Nova M. Javier, MMC, Borough Clerk
RECOMMENDATION:
Move to nominate
as Deputy Presiding Officer.
DISCUSSION:
The Assembly shall annually, at the November meeting, elect from its members a Deputy
Presiding Officer (DPO) to serve at the Assembly's pleasure. The duties of the DPO include
presiding as the chair at Assembly meetings in the absence of the Mayor and perform other
duties as assigned by the Mayor and Assembly.
The nomination will proceed as follows:
1. The Presiding Officer will open the floor for nominations. No discussion or debate is
needed.
2. Ballot slips will be distributed and collected by the Clerk.
3. Clerk and designee will tally and announce the elected member.
A majority vote of the assembly shall be required for election. If no majority is cast for any
candidate, the candidate or candidates with the fewest ballots shall be dropped from the list of
candidates until there are two remaining left. Balloting shall continue until one candidate is
elected. In case of an ultimate tie vote of the Assembly, the Mayor may vote.
ALTERNATIVES:
FISCAL IMPACT:
OTHER INFORMATION:
KIBC Chapter 2.20 Borough Mayor, 2.20.080 Executive Absence
A. In the mayor's absence, the deputy presiding officer shall preside at all regular and special
meetings and perform the duties assigned by the mayor or assembly.
B. The mayor, subject to assembly approval, shall designate a person to act as mayor during
the mayor's temporary absence or disability. If a manager plan has been adopted, the
assembly shall designate by resolution a borough administrative official to act as manager
during the manager's absence or disability.
KIBC 2.30.040 Organization and Deputy Presiding Officer
A. Organization. The assembly shall annually, at the November meeting, elect from its
members a Deputy Presiding Officer to serve at the assembly's pleasure.
B. Election of the Deputy Presiding Officer of the assembly shall be in the following manner:
1. As the first order of new business, nominations for Deputy Presiding Officer shall be
opened.
2. Nominations may be made by any member of the assembly.
Kodiak Island Borough
Page 3 of 109
Election Of The 2024-2025 Borough Assembly Deputy Presiding Officer
AGENDA ITEM O.A.
KODIAK ISLAND BOROUGH
STAFF REPORT
NOVEMBER 14, 2024
ASSEMBLY SPECIAL MEETING
D-1 - (�r
3. At the close of nominations, a ballot shall be taken. The clerk shall distribute, collect,
and with the assistance of one other person, tally the ballots. The clerk shall announce
the results.
4. A majority vote of the assembly shall be required for election.
5. If no majority is cast for any candidate, the candidate or candidates with the fewest
ballots shall be dropped from the list of candidates until there are two remaining and
balloting shall continue until one candidate is elected. In case of an ultimate tie vote of
the assembly, the mayor may vote.
C. Deputy Presiding Officer. The Deputy Presiding Officer shall preside as the chair at
assembly meetings in the absence of the mayor. If at any meeting the Deputy Presiding
Officer is not present, or is unable to act, the senior assembly member present shall preside
as the chair
Kodiak Island Borough
Page 4 of 109
Election Of The 2024-2025 Borough Assembly Deputy Presiding Officer
AGENDA ITEM O.B.
KODIAK ISLAND BOROUGH
STAFF REPORT
NOVEMBER 14, 2024
ASSEMBLY SPECIAL MEETING
SUBJECT: Resolution No. FY2025-10, Accepting Grant Funds From The Denali
Commission For The Purpose Of Updating The Kodiak Island Borough Solid
Waste Management Plan And Related Regional Planning Activities
ORIGINATOR: Jena Hassinger, Environmental Specialist
RECOMMENDATION:
Move to adopt Resolution No. FY2025-10
DISCUSSION:
The Denali Commission solicited statements of interest for regional solid waste management
planning support for rural communities. Comprehensive regional strategies for waste
management are lacking in many parts of Alaska, even as some regions have relied
increasingly on common waste management facilities over time. These facilities are often
inadequate as they were originally designed to serve a different purpose. At the same time,
operations could often be safer and more efficient. Other parts of Alaska lack any
regionalization of solid waste management. Planning processes at the regional scale may
offer opportunities to realize efficiencies and leverage shared interests and resources for long
term solutions to waste management challenges.
The Commission announced the availability of funds for regional solid waste management
planning. This announcement commits up to $1,500,000 for this purpose. Respondents may
request up to $500,000. The Kodiak Island Borough partnered with the Kodiak Area Native
Association to submit a request for a total of $500,000 that included work being done by the
two entities separately and also together. KIB requested $250,000 for the update of the Solid
Waste Management Plan
The Denali Commission has provided notification that the Kodiak Island Borough is eligible to
receive their requested funding amount of two hundred and fifty thousand, ($250,000)to move
forward with the Solid Waste Plan update and other regional solid waste activities.
ALTERNATIVES:
FISCAL IMPACT:
OTHER INFORMATION:
Kodiak Island Borough
Page 5 of 109
Resolution No. FY2025-10, Accepting Grant Funds From The Denali Commissi...
AGENDA ITEM O.B.
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KODIAK ISLAND BOROUGH
RESOLUTION NO. FY2025-10
A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AUTHORIZING
THE MANAGER TO EXECUTE A GRANT AGREEMENT WITH THE DENALI COMMISSION
FOR THE PURPOSE OF UPDATING THE KODIAK ISLAND BOROUGH SOLID WASTE
MANAGEMENT PLAN AND RELATED REGIONAL PLANNING ACTIVITIES
WHEREAS, the Denali Commission solicited statements of interest for regional solid waste
management planning support for rural communities; and
WHEREAS, the Denali Commission announced the availability of funds for regional solid waste
management planning which commits up to $1,500,000 for this purpose. Respondents may
request up to $500,000; and
WHERAS, the Kodiak Island Borough partnered with the Kodiak Area Native Association to
submit a request for a total of $500,000 that included work being done by the two entities
separately and together. The Borough requested $250,000 for the update of the Solid Waste
Management Plan; and
WHEREAS, the Denali Commission has provided notification that the Borough is eligible to
receive their requested funding amount of two hundred and fifty thousand ($250,000) to move
forward with the Kodiak Island Borough Solid Waste Plan update and related solid waste region
planning activities.
NOW, THEREFORE, BE IT RESOLVED THAT THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH authorizes the manager to execute a grant agreement with the Denali Commission
for the purpose of updating the Kodiak Island Borough Solid Waste Management Plan and related
regional planning activities in the amount of $250,000.
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS DAY OF 12024
KODIAK ISLAND BOROUGH
Scott Arndt, Borough Mayor
VOTES:
Ayes:
Noes:
Resolution No. FY2025-10
ATTEST:
Nova M. Javier, MMC, Borough Clerk
Page 1 of 1
Page 6 of 109
Resolution No. FY2025-10, Accepting Grant Funds From The Denali Commissi...
AGENDA ITEM #3.C.
KODIAK ISLAND BOROUGH
STAFF REPORT
NOVEMBER 14, 2024
ASSEMBLY SPECIAL MEETING
D�1
SUBJECT: Resolution No. FY2025-11, A Resolution Of The Kodiak Island Borough
Assembly Accepting 2023 State And Local Cybersecurity Grant Program
Funds In The Amount of $227,997
ORIGINATOR: Meagan Christiansen, Grant Writer/Special Projects Support
RECOMMENDATION:
Move to adopt Resolution No. FY2025-11.
DISCUSSION:
The State and Local Cybersecurity Grant Program (SLCGP) is a federally funded pass -
through grant program that provides funding to eligible entities to address cybersecurity risks
and threats to information systems owned or operated by, or on behalf of, state, local, or tribal
governments. Borough staff submitted an application requesting funding for two computer
network security improvement projects and notice has been received that the KIB has been
allocated $227,997 in support of those projects.
ALTERNATIVES:
Amend the motion, fail the motion, or postpone consideration.
FISCAL IMPACT:
$227,997
OTHER INFORMATION:
KIB also received 2022 SLCGP funds for the conduct of a cybersecurity audit which is
currently in process as authorized by contract no. FY2025-04.
Kodiak Island Borough
Page 7 of 109
Resolution No. FY2025-11, A Resolution Of The Kodiak Island Borough Asse...
AGENDA ITEM #3.C.
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KODIAK ISLAND BOROUGH
RESOLUTION NO. FY2025-11
A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH ACCEPTING
2023 STATE AND LOCAL CYBERSECURITY GRANT PROGRAM FUNDS
WHEREAS, the State and Local Cybersecurity Grant Program (SLCGP) provides funding to
eligible entities to address cybersecurity risks and threats to information systems owned or
operated by, or on behalf of, state, local, or tribal governments; and
WHEREAS, the SCLGP is a reimbursable, federally funded pass -through grant program to
assist local and tribal governments with managing and reducing systematic cyber risk; and
WHEREAS, borough staff submitted an application to the federal fiscal year 2022/2023 SLCGP
on March 29, 2024, for two security projects: one to upgrade and implement Fortinet Next
Generation firewalls, switches and access points for the KIB computer network, and the other to
improve network backup and recovery capabilities; and
WHEREAS, on October 16, 2024, staff received notice that $227,997 has been allocated to the
Kodiak Island Borough for the implementation of the identified projects.
NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH that the Borough Manager is authorized to accept the $227,997 granted to the Kodiak
Island Borough from the State and Local Cybersecurity Grant Program.
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS DAY OF 12024
KODIAK ISLAND BOROUGH
Scott Arndt, Borough Mayor
VOTES:
Ayes:
Noes:
Resolution No. FY2025-11
ATTEST:
Nova M. Javier, MMC, Borough Clerk
Page 1 of 1
Page 8 of 109
Resolution No. FY2025-11, A Resolution Of The Kodiak Island Borough Asse...
AGENDA ITEM #3.C.
2023 SLCGP - Round 1
Jurisdiction
Total Allocation
Anchorage, Municipality of
$
100,000.00
Anchorage School District
$
294,741.00
Bristol Bay Borough
$
180,490.00
Denali Borough School District
$
47,200.00
Dot Lake, Native Village of
$
51,300.00
Fairbanks NSB School District
$
297,000.00
Fairbanks, City of
$
85,000.00
Haines Borough
$
26,900.00
Homer, City of
$
328,943.00
Kenai, City of
$
25,000.00
Kenai Peninsula Borough
$
65,000.00
Ketchikan, City of
$
28,500.00
Kodiak Island Borough
$
227,997.00
Matanuska-Susitna Borough
$
15,000.00
Mat -Su Borough School District
$
20,000.00
North Slope Bor. School District
$
125,977.00
Petersburg Borough
$
26,736.00
Valdez City School District
$
18,440.00
Whittier, City of
$
98,432.00
Wrangell, City and Borough
$
25,000.00
2023 SLCGP Project Totall
$
2,087,656.00
Page 9 of 109
Resolution No. FY2025-11, A Resolution Of The Kodiak Island Borough Asse...
AGENDA ITEM O.D.
KODIAK ISLAND BOROUGH
STAFF REPORT
NOVEMBER 14, 2024
ASSEMBLY SPECIAL MEETING
SUBJECT: Rescinding The Approval Of Contract No. FY2024-38 With Otis Elevator
Company For Elevator Maintenance Services
ORIGINATOR: Dave Conrad, E&F Director/Admin Official
RECOMMENDATION:
Move to rescind the authorization for the Borough Manager to award Contract No. FY2024-38
with Otis Elevator Company for elevator maintenance services at the Kodiak Fisheries
Research Center.
DISCUSSION:
On June 27, 2024, the Borough Assembly awarded Contract No. FY2024-38 to Otis Elevator
Company. Since that time, the Kodiak Island Borough (KIB) Engineering and Facility Staff has
been actively engaged in contract negotiations to finalize the agreement. However, on
September 10, 2024, Otis submitted an email proposing additional conditions that the KIB
was unable to accept. With negotiations at an impasse, the KIB sought guidance from the
Borough Attorney.
Following the Borough Attorney's legal advice, the KIB Engineering and Facility Staff decided
to cancel the bid per Section 2, Part 18 "Bid Cancellation", of the Invitation to Bid. This
decision was further supported by the fact that it has been over the 45-day time limit for
executing the contract after the award has passed. While the KIB Code permits awarding the
contract to the next responsible bidder, both the Borough Attorney and KIB Staff agreed that
rebidding the contract would ensure greater transparency and a cleaner process.
Since the Assembly had formally awarded the contract by vote on June 27, 2024, the KIB
Engineering and Facility Staff now request the Assembly to rescind the award, officially
canceling both the award and contract.
ALTERNATIVES:
FISCAL IMPACT:
OTHER INFORMATION:
Kodiak Island Borough
Page 10 of 109
Rescinding The Approval Of Contract No. FY2024-38 With Otis Elevator Corn...
AGENDA ITEM O.D.
KODIAK ISLAND BOROUGH
AGREEMENT
FOR
ELEVATOR MAINTENANCE SERVICES
Contract No. 2024-38
This Agreement made and entered into this day of , 2024, by and
between the Kodiak Island Borough, hereinafter 'Borough", a general law municipality and a
Borough of the second class, whose address is: 710 Mill Bay Road, Kodiak, Alaska 99615, and
Otis Elevator Company, whose address is , 619 E. Ship Creek #301, Anchorage, AK 99501
and licensed and qualified to do business within the State of Alaska, hereinafter called
"Contractor."
RECITALS
A. The Borough desires the performance, provision, and accomplishment of the work,
services and materials described and set forth in Part 1, Section 2.
B. Contractor represents that it is ready, able, and qualified to perform, and will
perform, in all respects, all of the work, services, and materials, and to otherwise perform all of
the terms, covenants, conditions and provisions of the Agreement in the manner, at the times,
and for the consideration hereafter provided.
Now, therefore, for and in consideration of the terms, covenants, conditions, and
provisions contained herein, and/or attached and incorporated herein and made a part hereof,
the parties hereto agree as follows. This contract consists of:
A. Part I, consisting of eighteen (18) sections of General Provisions.
B. Part 11, consisting of six (6) sections of Special Provisions.
C. Acknowledgements
D. Exhibits: A (Invitation to Bid), B (Bid Proposal)
PART
GENERAL PROVISIONS
Section 1: Agreement to Perform. The Borough hereby agrees to engage the Contractor,
and the Contractor hereby agrees to perform, complete, provide and furnish, in a timely and
proper manner, and pursuant to and in accordance with all of the terms, covenants, conditions
and provisions of this Agreement, all of the work, services, labor and materials required to
accomplish all of the work described in Section 2 hereof at the times, in the manner, and for the
consideration and payments hereinafter set forth.
Kodiak Island Borough Elevator Maintenance Services
Page 1 of 15 Contract FY2024-38
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Rescinding The Approval Of Contract No. FY2024-38 With Otis Elevator Corn...
AGENDA ITEM O.D.
Section 2: Description of Work. The Contractor shall perform, supply, and provide all of
the work, services and materials; hereinafter collectively referred to as "work", as set forth and
described on Exhibit A, attached hereto and incorporated herein by this reference. The work shall
be performed in accordance with Bid Proposal, copy attached as Exhibit B and incorporated
herein by reference. In the event of a conflict between this contract, Exhibit A or B, the terms of
this contract shall prevail, then Exhibit A, then Exhibit B.
Section 3: Time for Commencement and for Completion of Work.
(a) Commencement. Contractor shall commence the work called for in this Agreement
upon the giving of a Notice to Proceed by the Borough.
(b) Contract Term. The initial contract period will terminate on June 30, 2027, with a
provision for three (3) one-(1) year extensions at the option of the Borough and depending on the
availability of funding. If the Borough offers an extension the Contractor will have not more than
thirty (30) days to accept or refuse the offer. The parties may mutually agree to continue services
after expiration of the final term on a month -to -month basis on the same rates until a new contract
can be awarded.
Section 4: Financial Terms.
(a) Compensation and Payment. For and in consideration of the timely and proper
performance of work authorized as provided herein, the Borough shall pay the Contractor at the
rates provided for in the Contractor's Proposal, which rate schedule is attached as Exhibit B and
incorporated herein by reference. Payments shall be based upon invoices, which may be
submitted no more frequently than monthly.
(b) No Additional Work. No claim for additional work, services or materials, not specifically
and expressly requested and authorized as provided for in this Agreement, or by a written
amendment thereto signed by both parties, done or furnished by the Contractor, will be allowed
or paid by the Borough, and Contractor expressly waives any claim therefore.
(c) Availability of Funds. This contract is subject to the availability of funds lawfully
appropriated for its performance.
(d) The Borough may delay or withhold payments from the Contractor for any of the
following reasons:
1) The application for payment misstates the amount of services completed; or
2) Defective services not remedied.
In the event funds are delayed or withheld the Borough shall provide the Contractor notice of the
amount withheld and the basis upon which it is withheld.
Section 5: Borough's Contracting Officer. For purposes of this Agreement, the Borough's
contracting officer shall be the Borough Manager or such other person as is designated in writing
by the Borough Manager.
Section 6: Contractor Qualified. The Contractor expressly represents and warrants it is
now and shall continue to be at all times during the performance of this Agreement, the holder of
all required or necessary professional, business or other licenses or permits and is qualified and
Kodiak Island Borough Elevator Maintenance Services
Page 2 of 15 Contract FY2024-38
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AGENDA ITEM O.D.
capable of performing all of the work covered or called for by this Agreement and is presently
ready, able and willing to undertake and perform all of such work and services, and to supply all
necessary materials and equipment, at the times, and in a non -negligent professional and
workmanlike manner, and pursuant to the terms, conditions and provisions, and for the
compensation and payments as herein provided.
Section 7: Termination.
(a) By Consent. This Agreement may be terminated in whole or in part by the mutual
consent of the parties. Such consent shall be in writing.
(b) Termination for Cause. This Agreement may be terminated in whole or in part in writing
by Borough in the event of failure by Contractor to fulfill any of the terms and conditions of this
Agreement upon the giving of not less than five (5) calendar days prior written notice of intent to
terminate in the manner provided in Part 1, Section 10, hereof.
(c) Termination for Convenience of Borough. This Agreement may be terminated in whole
or in part in writing by the Borough for Borough's convenience provided the Contractor is given
not less than thirty (30) calendar days prior written notice of intent to terminate in the manner
provided in Part 1, Section 10, hereof.
(d) In the event termination by the Borough is effected pursuant to (b) above, the
Contractor shall not be entitled to receive any further payment until the work is completed, or the
Borough elects to not proceed further with the project. Upon completion of the work, or termination
of the project in the event the Borough elects to not proceed with the project, the Contractor shall
be paid as follows:
1) In the event the costs and expense of taking over, re -advertising and completing
the project or the costs of closing out the project if the Borough elects to not
proceed with the project (hereinafter referred to as "close out costs"), exceed the
remaining unpaid amount of this Agreement, any amount which was otherwise due
and unpaid to Contractor at the time of termination shall be applied to such
increased costs in taking over, re -advertising and completing the project, (or
applied to close out costs) and the remaining amount of such costs, if any, shall
be paid by the Contractor to the Borough.
2) In the event said costs and expense of taking over, re -advertising and
completing the project, (or close out costs) are less than the total amount which
was otherwise due and unpaid to the Contractor at the time of termination, the
increased costs of taking over and completing the project (or the close out costs)
shall be deducted from the amounts due the Contractor and the balance, if any,
paid to the Contractor without interest.
(e) Upon receipt of a termination notice pursuant to paragraphs (b), (c), or (d) above, the
Contractor shall promptly discontinue all services (unless the notice directs otherwise), and deliver
or otherwise make available to the Borough all data, drawings, notes, specifications, reports,
estimates, summaries, work in progress, and any and all other information and/or materials as
may have been accumulated by the Contractor in performing this Agreement, whether completed
or in process, and free and clear of any mechanics or other liens or claims in favor of Contractor
or any other person.
Kodiak Island Borough Elevator Maintenance Services
Page 3 of 15 Contract FY2024-38
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(f) Upon termination pursuant to paragraphs (b), (c), or (d) above, the Borough may, but
shall not be required to, take over the work and prosecute the same to completion by agreement
with another person or otherwise, may elect to complete the work itself, or to not proceed further
with the work and project.
(g) If, after termination by the Borough pursuant to (b) above, it is determined that the
Contractor had not so failed, the termination shall be deemed to have been affected for the
convenience of the Borough. In such event, adjustment of the amounts to be paid to Contractor
for termination shall be made as provided in paragraph (f) of this Section.
(h) No other damages, whether for lost profits or otherwise, other than the amounts
allowed and computed as provided for in this Section 7 shall be due or payable to Contractor in
the event of termination.
Section 8: Conflict of Interest. The Contractor covenants, warrants and represents that the
Contractor has no interest and shall not acquire any interest, direct or indirect, which would conflict
in any manner with the subject matter or the performance of this Agreement. The Contractor
further covenants, warrants and represents that in the performance of this Agreement, no person
having any such interest shall be employed.
Section 9: Assignment and Subletting Prohibited. The Contractor shall not assign, transfer,
convey, pledge, hypothecate, sublet, subcontract, or otherwise dispose of or encumber this
Agreement, or the rights thereunder, nor shall the Contractor delegate any of his/her/its duties
hereunder without the prior written consent of the Borough. Any such attempted assignment,
transfer, conveyance, pledge, hypothecation, subletting, or other disposition, or the attempted
assignment, disposition or delegation of duties or rights shall be null and void and of no force or
effect and shall be grounds and cause for immediate termination of this Agreement without liability
by and at the option of the Borough.
Section 10: Notice.
(a) Any notice, demand, request, consent, approval, or other communication that either
party desires or is required to give to the other party or any other person shall be in writing and
either served personally or sent by prepaid, first-class mail at the address set forth below. Either
party may change its address by notifying the other party of its change of address in writing.
Notice shall be deemed to have been duly made and given when delivered if served personally,
or upon the expiration of twenty-four (24) hours after the time of mailing if mailed as provided in
this Section.
Borough: Kodiak Island Borough
ATT: Engineering & Facilities
710 Mill Bay Road
Kodiak, AK 99615
Contractor: Otis Elevator Company
619 E. Ship Creek #301
Anchorage, AK 99501
Kodiak Island Borough
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Elevator Maintenance Services
Contract FY2024-38
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AGENDA ITEM O.D.
(b) The performance and administration of this program and this Agreement will be
monitored by the Borough and such other agencies as may be required or authorized pursuant to
the terms of any grant to the Borough. Necessary reports, in proper form, will be required as a
prerequisite to any payment to the Contractor.
(c) All project records shall be maintained by the Contractor for not less than three (3)
years after completion and final acceptance of all work by the Borough and shall be subject to
inspection and copying by the Borough or any funding agency during said period.
Section 11: Status of Parties.
(a) Independent Contractor. The Contractor shall perform its obligations hereunder as an
independent contractor of the Borough. The Borough may administer the contract and monitor
the Contractor's compliance with its obligations hereunder. The Borough shall not supervise or
direct the Contractor other than as provided in this Section.
(b) Relationship of the Parties. Nothing herein contained shall be deemed or construed by
the parties hereto, nor by any third party, as creating the relationship of principal and agent or of
partnership or of joint venture between the parties hereto, it being understood and agreed that
neither method of computation of payment nor any other provision contained herein, nor any acts
of the parties hereto, shall be deemed to create any relationship between the parties hereto other
than the relationship of Borough and an independent Contractor.
Section 12: Hold Harmless and Indemnity.
(a) The Contractor shall indemnify, defend, save and hold the Borough, its officers,
employees and agents harmless from any and all claims, lawsuits, liabilities, penalties, or fines,
including attorney's fees and costs, allegedly arising out of, in connection with, or incident to any
loss, damage or injury to persons or property occurring as a result of the Contractor's or any
subcontractor's intentional misconduct or negligent acts, errors or omissions in its performance
pursuant to this contract.
(b) Contractor further agrees to appear and defend, and to indemnify and save free and
harmless the Borough and its officers, employees and agents from and against any of the
foregoing claims, liabilities, penalties, fines or damages, whether or not valid, and for any cost
and expense, including reasonable attorney's fees, incurred by the Borough, its officers,
employees or agents on account of any claim therefore, including claims by reasons of any
defects in any plans, drawings, specifications, computer programs, technical reports, or other
work product of Contractor prepared for or submitted to the Borough pursuant to this Agreement
provided said claim is not based upon a use of said plans, drawings, specifications or other work
product for other than the purposes for which such data was prepared and submitted to the
Borough.
(c) Contractor shall keep the work free from all liens and shall indemnify and defend
the Borough and hold it harmless from any claims of Contractor's subcontractors or suppliers.
Section 13: No Third -Party Beneficiaries. Nothing in this Agreement shall be construed to
give any person other than the Borough and the Contractor any legal or equitable right, remedy
or claim under this Agreement, but it shall be held to be for the sole and exclusive benefit of the
Borough and the Contractor.
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Section 14: Compliance with Laws and Regulations. Contractor shall, at Contractor's sole
cost and expense, comply with all of the requirements of all local, state, or federal laws,
ordinances, or regulations now in force, or which may hereafter be in force, pertaining to this
Agreement, or the project or work to be performed, and shall faithfully observe in the performance
of this Agreement, all local, state, and federal laws, ordinances and regulations now in force or
which may hereafter be in force. When a change in laws, ordinances or regulations results in
additional costs, the Contractor may request a change order to cover those costs. Any such
change order shall be limited to the Contractor's actual additional costs as a result of the change.
The Contractor shall pay all taxes pertaining to its performance under this contract.
Section 15: Successors and Assigns. Except as otherwise provided herein, the covenants,
agreements and obligations herein contained shall extend to bind and inure to the benefit not only
of the parties hereto but their respective personal representatives, heirs, successors and assigns.
Section 16: Miscellaneous.
(a) Terminology. Whenever herein the singular number is used, the same shall include the
plural, and the masculine gender shall include the feminine and neuter genders.
(b) Law Applicable. The laws of the State of Alaska shall govern the construction, validity,
performance and enforcement of this Agreement. Venue as to any action, claim, or proceeding
arising out of, or based upon this Agreement, including, but not limited to, any action for
declaratory or injunctive relief, shall be the appropriate Court sitting in the City of Kodiak, Third
Judicial District, Alaska.
(c) Paragraph Headings. The headings of the several sections and subsections contained
herein are for convenience only and do not define, limit, or construe the contents of such sections
and subsections.
(d) Terms Construed as Covenants and Conditions. Every term and each provision of this
Agreement performable by Contractor shall be construed to be both a covenant and a condition.
(e) Time of the Essence. Time is of the essence of each term, condition, covenant, and
provision of this Agreement.
(f) Severability. In the event any provision of this Agreement is adjudicated or held to be
invalid or unenforceable, the remaining provisions shall remain in full force and effect.
(g) Nonwaiver. No delay or omission of the right to exercise any power by either party shall
impair any such right or power, or be construed as a waiver of any default or as acquiescence
therein. One or more waivers of any covenant, term, or condition of this Agreement by either party
shall not be construed by the other party as a waiver of a subsequent breach of the same
covenant, term or condition. The consent or approval by either party to any act by the other party
of a nature requiring consent or approval shall not be deemed to waive or render unnecessary
consent to or approval of any subsequent similar act.
Section 17: Amendment.
(a) This contract shall only be amended, modified, or changed by writing, executed by
authorized representatives of the parties.
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(b) For the purpose of any amendment modification or change to the terms and conditions
of this contract, the only authorized representatives of the parties are:
1) Kodiak Island Borough, Borough Manager or designee
2) Otis Elevator Company, Melissa Davidson, Senior Account Manager
(c) Any attempt to amend, modify, or change this contract by either an unauthorized
representative or unauthorized means shall be void.
Section 18: Entire Agreement. This Agreement and any schedules, appendices or exhibits
attached hereto sets forth all the covenants, promises, agreements, conditions, and
understandings between the parties hereto, and there are no covenants, promises, agreements,
conditions or understandings, either oral or written, between them other than as herein set forth.
Except as herein otherwise expressly provided, no contemporaneous or subsequent agreement,
understanding, alteration, amendment, change or addition to this Agreement, or any schedule,
appendix, exhibit, or attachment thereto shall be binding upon the parties hereto unless reduced
to writing and signed by both parties. This Agreement constitutes a final, complete, and exclusive
statement of the agreement between the parties.
PART II
Section 1: Insurance.
(a) During the entire period of the project or work, the Contractor shall provide the
following types of insurance. The Borough shall be insured as additional insured on all insurance
policies except professional liability contracts. All policies shall have a thirty (30) day cancellation
clause.
Comprehensive automobile liability, bodily injury, and property damage,
including all owned, hired and non -owned, automobile - $1,000,000 per
each accident
2. Workers' compensation as required by law and employer's liability
coverage at a minimum of $1,000,000.
3. Commercial general liability insurance - $1,000,000 per occurrence and
$2,000,000 aggregate.
(b) Each policy of insurance required by this Section shall provide for no less than
thirty (30) days' advance notice to the Borough prior to cancellation. Insurance certificates will be
required to be submitted for review by the Borough Manager before the Borough will issue a
notice to proceed. Failure to maintain coverage is a material breach and grounds for termination
of the contract.
(c) Should the Contractor fail to comply with the insurance requirements of this
Agreement, the Kodiak Island Borough may terminate the Agreement on ten (10) days written
notice.
Section 2: Equal Employment Opportunity.
Kodiak Island Borough
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(a) The Contractor shall not discriminate against any employee or applicant for
employment because of race, color, religion, disability, national origin, ancestry, age, or sex. The
Contractor will take affirmative action to ensure that applicants are employed and that employees
are treated during employment without regard to their race, color, religion, disability, national
origin, ancestry, age, or sex. Such action shall include, but not be limited to, the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or
termination, rates of pay or other forms of compensation; and selection for training, including
apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices setting forth the provisions of this nondiscrimination clause.
(b) The Contractor shall state in all solicitations or advertisements for employees to work
on contract jobs to be let in the performance of this Agreement, that all qualified applicants will
receive consideration for employment without regard to race, color, religion, disability, national
origin, ancestry, age, or sex.
(c) The Contractor agrees to fully cooperate with the office or agency of the State of Alaska
which seeks to deal with the problem of unlawful or invidious discrimination, and with all other
State efforts to guarantee fair employment practices under this Agreement, and said Contractor
will comply promptly with all requests and directions from the State Commission of Human Rights
or any of its officers or against relating to prevention of discriminatory employment practice.
(d) Full cooperation as expressed in the foregoing clause (c) shall include, but not be
limited to, being a witness in any proceeding involving questions of unlawful or invidious
discrimination if such is deemed necessary by any official or agency of the State of Alaska,
permitting employees of said Contractor to be witnesses or complainants in any proceeding
involving questions of unlawful or invidious discrimination, if such is deemed necessary by any
official or agency of the State of Alaska, or the Borough, participating in meetings, submitting
periodic reports on the equal employment aspects of present and future employment, assisting in
inspection of relevant facilities, and promptly complying with all State directives deemed essential
by any office or agency of the State of Alaska, or the Borough, to insure compliance with all federal
and state laws, regulations, and policies pertaining to the prevention of discriminatory employment
practices.
(e) Failure to perform any of the above agreements pertaining to equal employment
opportunities shall be deemed a material breach of the contract and sufficient grounds for
termination of this Agreement for cause without liability.
Section 3: Contractor Responsible for Personnel.
The Contractor has or will secure, at Contractor's own cost and expense, all personnel
required to perform this Agreement in a timely and proper manner. The parties hereto agree and
understand that such personnel shall in no event be deemed to be, and are not, employees,
agents, or representatives of the Borough and such persons shall have no contractual or other
relationship with the Borough, and the Borough shall have no responsibility or liability whatsoever
to any of said persons, or for the acts or omissions of any of such persons.
Section 4: Personnel Supervision.
Contractor agrees that all work and services required or provided under this Agreement
shall be performed personally by the Contractor, unless otherwise authorized in writing by the
Kodiak Island Borough Elevator Maintenance Services
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Borough's contracting officer, and in such event all personnel engaged in any such work shall be
fully qualified, and shall be licensed and authorized under applicable state, federal and local laws
to perform such services.
Section 5: Corporate Authority.
If Contractor is a corporation, Contractor shall deliver to the Borough at the time of
execution of this Agreement a certified copy of a resolution of its board of directors authorizing
the execution of this Agreement and naming the officers that are authorized to execute this
Agreement on behalf of the corporation.
Section 6: Additional Terms and Conditions.
This Agreement is subject to each of the additional terms, covenants, conditions, and
provisions outlined in the scope of work attached hereto as Exhibit A, which are hereby expressly
referred to and incorporated herein as though set forth in full.
Kodiak Island Borough
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ACKNOWLEDGMENTS
Wherefore the parties have entered into this Agreement the date and year first above
written.
Date:
Kodiak Island Borough
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KODIAK ISLAND BOROUGH:
By:
Aimee Williams
Borough Manager
ATTEST:
By:
Nova M. Javier
Borough Clerk
APPROVED AS TO FORM:
By:
Scott A. Brandt-Erichsen
Borough Attorney
CONTRACTOR:
By:
Name:
Otis Elevator Co., Owner/Operator
Elevator Maintenance Services
Contract FY2024-38
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BOROUGH ACKNOWLEDGMENTS
STATE OF ALASKA )
) ss.
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this day of 2024, before me, the
undersigned, a notary public in and for the State of Alaska, duly commissioned and sworn,
personally appeared Aimee Williams, to me known to be the Borough Manager of the Kodiak
Island Borough, a municipal corporation, the corporation which executed the above and
foregoing instrument; who on oath stated that he was duly authorized to execute said instrument
on behalf of said corporation; who acknowledged to me that he signed the same freely and
voluntarily on behalf of said corporation for the uses and purposes therein mentioned.
WITNESS my hand and official seal the day and year in the certificate first above written.
(Seal) NOTARY PUBLIC FOR ALASKA
My Commission Expires:
STATE OF ALASKA )
) ss.
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this _ day of 2024, before me, the
undersigned, a notary public in and for the State of Alaska, duly commissioned and sworn,
personally appeared Nova M. Javier, to me known to be the Borough Clerk of the Kodiak Island
Borough, a municipal corporation, the corporation which executed the above and foregoing
instrument; who on oath stated that she was duly authorized to execute said instrument on behalf
of said corporation; who acknowledged to me that she signed the same freely and voluntarily on
behalf of said corporation for the uses and purposes therein mentioned.
WITNESS my hand and official seal the day and year in the certificate first above written.
(Seal) NOTARY PUBLIC FOR ALASKA
My Commission Expires:
Kodiak Island Borough Elevator Maintenance Services
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ACKNOWLEDGMENT
LIMITED LIABILITY COMPANY
STATE OF ALASKA )
) ss.
THIRD JUDICIAL DISTRICT )
I, , a Notary Public, in and for the State of , hereby
certify that I whose name as
manager/member of LLC., is signed to the foregoing
instrument and who is known to me, acknowledged before me on this day that, being informed of
the contents of the instrument, he or she, as such officer and with full authority, executed the
same voluntarily for and as the act of said limited liability company.
WITNESS my hand and official seal the day and year in this certificate above written.
(Seal) NOTARY PUBLIC FOR ALASKA
My Commission Expires: _
CORPORATE CERTIFICATE
I, , certify that I am the Secretary of the Corporation named
as Contractor in the foregoing instrument; that , who signed
said instrument on behalf of the Contractor, was then of said Corporation;
that said instrument was duly signed for and on behalf of said Corporation by authority of its
governing body and is within the scope of its corporate powers.
Signature
Kodiak Island Borough
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CORPORATE ACKNOWLEDGMENT
STATE OFALASKA )
) ss.
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this day of , 2024, before me,
the undersigned, a Notary Public in and for the State of duly commissioned
and sworn, personally appeared (Name) and
(Name) known to be the President and Secretary of
the corporation which executed the above and foregoing
instrument, and who on oath stated they were duly authorized to execute said instrument and
acknowledged that they signed the same freely and voluntarily on behalf of said corporation for
the purposes therein mentioned.
WITNESS my hand and official seal the day and year in this certificate above written.
(Seal) NOTARY PUBLIC FOR ALASKA
My Commission Expires:
Kodiak Island Borough
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EXHIBIT A
INVITATION TO BID
Kodiak Island Borough
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RELEASE DATE: May 21, 2024
INVITATION TO BID
Elevator Maintenance Services
THIS IS NOT AN OFFER
The Kodiak Island Borough is accepting sealed bids for elevator maintenance services as
described in the Invitation to Bid.
Sealed bids must be submitted to the Borough Finance Office by 2:00 PM (local time) on June
17, 2024. Bids must be in a sealed envelope with "Kodiak Island Borough — Elevator
Maintenance Services" clearly indicated on the outside of the envelope. Postmarks will not be
controlling.
Complete bidding documents are available in electronic form and may be viewed and downloaded
from the Kodiak Island Borough website, www.kodiakak.us.
Contact Person:
Patricia Valerio, Projects Assistant
Engineering/Facilities Department
Kodiak Island Borough
710 Mill Bay Road
Kodiak, Alaska 99615
Phone: (907) 486-9341
Fax: (907) 486-9394
Email: pvalerio@kodiakak.us
Aimee Williams, Borough Manager
Kodiak Island Borough
Published: May 24, 31, & June 7, 2024.
Kodiak Island Borough
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INVITATION TO BID (ITB)
The Kodiak Island Borough is concerned that all bids be submitted in a manner that ensures the
bidding process is fair and equitable to all Bidders in compliance with the requirements of the bid
documents.
Particular attention of all Bidders is drawn to the provisions of this solicitation and the resulting
contract dealing with pre -bid inquiries and the duty of the Bidders to disclose any significant fact
or question which will adversely affect the cost or time of completion of this project.
Bidders are cautioned that they disregard these provisions at their own risk. Bidders are directed
to study and follow these instructions as to the method and form for submitting bids so there will
be no reason to reject a bid.
Bidders will find all required forms and documents contained within this packet. Please take notice
of the accompanying "Bidders Checklist', which identifies which forms and documents are to be
included with a compete bid submittal.
SECTION 1: INTENT
Purpose of the Invitation to Bid: This Invitation to Bid (ITB) is intended to establish a term
contract to complete repairs and maintenance of a varying nature for elevator systems at
the Kodiak Fisheries Research Center Facility which is owned by the Kodiak Island Borough
facilities. For further information refer to Section 3: Scope of Work.
2. Term. The Term of the contact is for an initial four-year period from July 1, 2024 until June
30, 2028, with the option of the Borough to exercise of up to three (3) additional one year
periods. Following the initial two-year period requests for rate increases may be entertained
by the Borough, and if acceptable, will be incorporated into each renewal.
3. Intent of Bid: The intent of this Bid is to award a contract to the most responsible bidder,
whose bid, conforming to this ITB, is rated highest with the scoring table outlined in section
2.15 Evaluation of Bids. The Bid Schedule has two sections, first pricing outlined in a table
by per service and hourly technician pricing and second, if applicable, tiered service
package information attached to the bid form.
SECTION 2: SOLICITATION INSTRUCTIONS
Registration of Bidders. All Bidders are required to register with the Borough by completing
the registration form included as Attachment 1. Only registered Bidders will be notified of
addendum or other modifications to the bid requirements.
2. Inquiries. Bidders should direct any pre -bid inquiries labelled Kodiak Island Borough
Elevator Maintenance Services Bid Inquiry and e-mailed to pvalerio@kodiakak.us. Pre -bid
inquiries are due June 3'd, 2024 by 4:00pm local time. Any inquiries submitted after that
date may not be responded to.
3. Bid Security. The Borough requires a bid bond or certified check in the amount of $1,000 for
this bid. The Bid security of each Bidder shall be returned once a contract is signed. The Bid
Kodiak Island Borough Invitation to Bid
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security of the successful Bidder shall be forfeit if the successful Bidder fails to execute the
contract.
4. Refection of Bids. The Borough reserves the right to reject any or all bids. The Borough also
reserves the right to reject any bid which is non -responsive, incomplete, obscure, or
irregular; any bid which omits any one or more items on which the bids are required; any bid
in which unit prices are unbalanced in the opinion of the Borough; any Bidder who previously
failed to perform properly or to complete on time contracts of any nature; and the criteria
listed in KIB Code 3.30.080.
All bids received after the date and time set for receipt will be REJECTED. Bidders are
warned that weather and travel are unpredictable and overnight delivery does not always
arrive in a timely fashion. Bidders are responsible for ensuring that their Bid is delivered in
a timely manner.
5. Bidder Certifies. The Bidder certifies that any and all prices which may be charged under
the terms of this bid request do not and will not violate any existing federal, state, or
municipal laws or regulations concerning price discrimination and/or price fixing. The Bidder
agrees to indemnify, exonerate, and hold harmless the Borough from liability for such
violation now and throughout the term of the contract.
6. Addenda. The Borough reserves the right to amend the ITB prior to the date of bid opening.
Each bid shall include specific acknowledgment of receipt of all addenda issued during the
bidding period. Failure to so acknowledge may result in the bid being rejected as not
responsive.
7. Irregularities. Any irregularities or lack of clarity in any of the bid documents should be
brought to the attention of the Contact Person as soon as possible, so that corrective
addenda may be furnished to all Bidders. Alterations or erasures must be crossed out and
corrections thereof printed in ink or typewritten adjacent thereto. Any correction must be
initialed in ink by each person signing the bid.
8. Responsibility of Bidder. It is the responsibility of the Bidder to investigate and acquaint
themselves with the conditions relating to the work and labor, including (if required) site
visits, soil sampling, or other tests.
9. Written words. In the case of a difference between written words and figures, the amount
stated in written words shall govern. In the case of a difference between a unit price and the
extended price, the unit price shall govern.
10. Signatures. All attachments, including corporate certificate and acknowledgments, must be
signed by the Bidder.
11. Preparation of bid forms. All bids and addenda thereto shall be intact and enclosed in a
sealed envelope, addressed to: Borough Finance Office, Kodiak Island Borough, 710 Mill
Bay Road, Kodiak, Alaska 99615. Sealed bids must be submitted on the forms and
enclosed in an envelope which is clearly marked "Kodiak Island Borough — Elevator
Maintenance Services". The Borough will not be responsible for the premature opening of
a bid not properly addressed or identified.
Kodiak Island Borough
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12. Postponement of Opening. The Borough reserves the right to postpone the date and time
for opening of bids at any time prior to the time announced for opening of bids in the
advertisement.
13. Modifications. Bids may be modified by written notice or emailed, provided such notice is
received prior to the date and time set for the bid closing time. The modification should not
reveal the bid price but should provide the addition or subtraction (or other modification) so
that the final price or terms will not be known to the Borough until the sealed bid is opened.
14. Withdrawal of Bids. Bids may be withdrawn only by written or emailed, provided such notice
is received two (2) hours prior to the date and time set for the bid closing time. Notice of
withdrawals received after the bid opening will not be considered.
15. Evaluation of Bids: The Borough intends to award to the highest sored bidder based on the
evaluation scale below:
Qualification Considered
Point Value
1.
Bid Price
30
2.
Quantity of items/services included in bid.
25
3.
The Bidder's character, integrity, reputation,
judgement, and experience.
15
4.
The quality of performance of previous contracts
held by the Bidder.
10
5.
The Bidder's capability and skill to perform the
contract in adherence to the specifications.
10
6.
Bidder possesses a valid Alaska Business License.
10
Total
100
16. Award of Contract. The Borough reserves the right to withhold award for a period of forty-
five (45) calendar days from the date of bid closing.
17. Protest of Bid Award. The Borough will issue a Notice of Intent to Award to the successful
Bidder. An aggrieved Bidder may file a bid protest within ten (10) calendar days after Notice
of Intent to Award the contract is issued. A protest may be made by delivery of a letter of
protest to the Borough Manager's Office. Protests will only be accepted based on error in
process. If/when a protest is received, an administrative review process will begin. The
protestor can expect a final administrative decision by the Kodiak Island Borough Manager
within 30 working days of the receipt of protest.
18. Bid Cancellation. The Borough reserves the right to cancel the procurement, ITB, or award
without liability to the Bidder, except return of the bid security, at any time before the
Agreement has been fully signed by all parties, including the Borough.
Kodiak Island Borough
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19. Non -Collusion Affidavit. The Bidder shall submit with the bid a signed non -collusion affidavit
to the Borough covering the Bidder and all subcontractors.
20. Minimum Standards. The required work and/or specifications attached herein shall be
considered as the minimum standards acceptable to the Borough. Any deviations,
modifications, or alternatives proposed shall be specified and clarified by the Bidder in
writing and be identified as EXCEPTION SUMMARY. Insufficient information pertaining to
exceptions shall be at the Bidders risk and may result in rejection of the bid.
21. Equipment Furnished. All equipment furnished under these specifications must be complete
with all necessary operating accessories and manuals customarily furnished, whether
stipulated herein or not. Prior to final acceptance by the Borough, the Borough reserves the
right to examine the equipment/structures and test it accordingly, to assure compliance with
bid and contract requirements and specifications. Should the Borough conduct such
evaluations and the results indicate that the equipment/structures does not conform, the
successful Bidder shall be responsible to promptly correct such problems and/or replace
said equipment in a timely manner at no cost to the Borough. After correction of any
deficiencies the equipment/structures shall be subject to a re-evaluation.
22. Laws. The Bidder will comply with all federal, state, and local laws including the Laborers'
and Mechanics' Minimum Rates of Pay applicable for municipal contracts as determined by
the State of Alaska.
SECTION 3: INSURANCE REQUIREMENTS
The successful respondent must meet the following insurance requirements:
During the entire period of the project or work, the Contractor shall provide the following types
of insurance. The Borough shall be insured as additional insured on all insurance policies
except professional liability contracts. All policies shall have a mandatory thirty (30) day
cancellation clause.
a. Workers' compensation as required by Alaska law and employer's liability coverage at
a minimum of $1,000,000.
b. Commercial general liability insurance, not excluding explosion, contractual liability, or
product/completed operation liability insurance - $1,000,000 per occurrence and
$2,000,000 aggregate.
C. Comprehensive automobile liability, bodily injury, and property damage, including all
owned, hired and non -owned, automobile - $1,000,000 per each accident.
SECTION 4: SCOPE OF WORK
Kodiak Island Borough (Borough) is responsible for operating and maintaining the Kodiak
Fisheries Research Center Facility and is therefore required to perform the required elevator
maintenance and repairs. More detailed description of the scope of work please see Attachment
3: Specifications. Bidder shall provide hourly rates for each item noted on Attachment 2: Bid
Schedule, including regular hourly rate(s), overtime hourly rate(s), and a mark-up percentage for
parts required. If applicable, the Borough is asking Bidders to submit additional information on
available tiered service packages.
Kodiak Island Borough
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Bidder must be able to provide a two-hour telephone or email response time in the winter, and
four-hour telephone or email response time in the summer for any work needed.
Bidders should be able to document successful work history exceeding five (5) years in areas of
interest and be able to provide credentials and certifications approved by the applicable regulating
authority for the work needed.
This contract is meant for minor repairs and regular required maintenance, not major contract
work. Contracts exceeding $50,000 must be approved by the Borough Assembly. Staff will
propose such contracts to the Assembly as needed. However, work on contracts totaling under
$50,000 in the aggregate may be authorized by the Manager by contract and/or purchase order.
Bidders should be aware of the Borough's discretion to award a contract based on Local
Preference in KIB Code 3.30.060.
SECTION 5: BID CHECKLIST
Minimum Requirements: Your bid will be considered nonresponsive and rejected if not properly
executed. For your convenience and assistance in preparation of your bid, the following
checklist is offered for informational purposes.
1. Bidder Registration Form — Completed, signed, and submitted.
2. Bid Schedule - Completed, signed, dated, addenda acknowledged.
3. Corporate Acknowledgement - Completed and notarized. (When bid is by
corporation)
4. Bid Bond — executed and ready to proceed upon contract execution.
5. Non- Collusion Affidavit - Completed and signed.
6. Alaska Business License - Copy of Original.
Bids not including ALL of the above documents may be REJECTED as nonresponsive. Bids will
be rejected which contain material alterations or erasures not initialed by the signer of the bid. No
Qualified or otherwise Conditioned Bids will be accepted.
SECTION 6: BID SCHEDULE
Bidders must submit their bids on Attachment 2: Bid Schedule. The Bid Schedule outlines the
minimum service required for this contract. Bidders must offer hourly rates and mark up
percentage, as appropriate for each item listed.
If applicable, the Borough is asking Bidders to submit additional information on available tiered
service packages. Tiered package information should be added as an attachment to the Bid
Schedule.
Rates entered on the Bid Schedule must include all incidental costs such as, but not limited to,
office support, insurance, tools, equipment, transportation, overhead, and profit. There shall be
no additional charges for basic tools, equipment, and shop supplies.
Kodiak Island Borough Invitation to Bid
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SECTION 7: AGREEMENT
Successful Bidder will be required to execute the contract agreement included as Attachment 4:
Agreement. Bidders are encouraged to review the terms and conditions of the Agreement and if
there are any questions to submit them during the bid period. Requests for modifications to the
agreement will not be allowed once bids are submitted.
SECTION 8: ATTACHMENTS
1. Attachment 1: Bidder Registration Form
2. Attachment 2: Bid Schedule
3. Attachment 3: Specifications (Scope of Work)
4. Attachment 4: Agreement
Kodiak Island Borough
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Invitation to Bid
Elevator Maintenance Services
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IMPORTANT
BIDDER REGISTRATION FORM
Upon receipt of these bid documents, the Bidder shall fill out the information below and return to
the Kodiak Island Borough in order to provide contact information to receive notification about
additional information, addendum and any other information which may impact bid time or
quantities. Only registered bidders will receive notifications.
Name of Company:
Contact Name:
Address:
Phone Number:
Fax Number:
Email:
Return this form via fax, email, regular mail, or hand delivered to the following location:
Patricia Valerio, Projects Assistant
Engineering/Facilities Department
Kodiak Island Borough
710 Mill Bay Road
Kodiak, Alaska 99615-6398
Phone: (907) 486-9341
Fax: (907) 486-9394
Email: pvalerio@kodiakak.us
Kodiak Island Borough Elevator Maintenance Services
Page 1 of 1 Attachment 1: Bidder Registration Form
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KODIAK ISLAND BOROUGH
ELEVATOR MAINTENANCE SERVICES
BID SCHEDULE
TO: The Kodiak Island Borough, Alaska, herein called the Borough:
Bidder Please Note: Before preparing this Bid Proposal for the Kodiak Island Borough Elevator
Maintenance Services, carefully read the Contract Requirements and know that the bid is based
on BASIC SERVICES TO BE ROUTINELY PERFORMED as set forth in the Scope of Work
(Section 4) of the Invitation to Bid. Any other work outside the scope will use the Additional
Services line -item hourly rate and parts mark-up for billing purposes.
BIDDER INFORMATION
Company/Firm Name
Telephone Fax No.
Email -
Business Address
Is Local Preference asserted: YES NO Date 12024.
NOTE: If Bidder is a corporation, the legal name of the corporation shall be set forth above
together with the signatures of the officer or officers authorized to sign contracts on behalf of the
corporation; if Bidder is a partnership, the true name of the firm shall be set forth above together
with a signature of the partner or partners authorized to sign contracts in behalf of the partnership,
and if Bidder is an individual, the appropriate signature shall be placed above.
The Bidder shall insert a total bid amount for each item. NOTE: Failure to bid on each item may
result in your bid being declared non -responsive.
1. Award of Contract. The Borough shall have the right to reject this bid proposal and such bid
proposal shall remain open and may not be withdrawn for a period of forty-five (45) days
after the date prescribed for its closing.
2. Execution of Contract and Performance Security. It is understood and agreed that if notice
of the acceptance of this proposal and award of the Contract is made within forty-five (45)
days after the opening of the proposal, or at any time thereafter before it is withdrawn in
writing, the undersigned Bidder will execute and deliver the Agreement in the form set forth
in the Contract Documents to the Borough in accordance with the proposal as accepted,
and will also furnish and deliver to the Borough the performance and payment bonds as
may be required, the Certificate of Insurance and policies of insurance and any other
documents or bonds called for in the Contract Documents, all within ten (10) days after
notice of acceptance and award of the Contract is given.
Kodiak Island Borough
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Elevator Maintenance Services
Attachment 2: Bid Schedule
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3. Notice of Acceptance. Notice of acceptance and award of the contract or requests for
additional information may be addressed to the undersigned Bidder at the business address
set forth at the end of this proposal.
4. Bid Security. Accompanying this bid is the required bid security of $1,000.00 in the form of:
Circle One: Cashier's Check Certified Check Bid Bond
Pursuant to and in compliance with the Invitation to Bid, the undersigned Bidder, being fully
familiarized with all the terms of the bid specifications hereby proposes and agrees to deliver,
within the time and in the manner stipulated, the following services:
Elevator Maintenance Services
Description
Estimated
Bid Rate
Annual
Quantity
Category 1 - Elevator Maintenance,
Inspection, and Service (Required
4
$
Quarter)
Category 5 Testing (Within Contract
1
$
Term
Hourly Rate for Certified Technician
20
$
Overtime Rate for Certified Technician
2
$
Hourly Rate for Crew
5
$
Overtime Rate for Crew
2
$
Parts Mark Up
%
Total Base Bid
$
Tiered Service Packages:
If applicable, please provide information on tiered service packages, their titles, costs, and what
is included in each level of service package. This information should be included as an
attachment to this bid form.
Kodiak Island Borough
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Elevator Maintenance Services
Attachment 2: Bid Schedule
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5. Receipt of Addenda. Receipt of the following Addenda to the Contract Documents is hereby
acknowledged.
Addendum Number Date
(Note: Failure to acknowledge receipt of any addenda may be considered an irregularity in the
proposal and grounds for rejection of the bid.)
Bidder Company/Firm Representative Signature Authorizing Submission of Bid Form:
Date:
Signature
Printed Name
Kodiak Island Borough
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Elevator Maintenance Services
Attachment 2: Bid Schedule
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CORPORATE ACKNOWLEDGEMENT
(To be filled in when Documents are executed in behalf of a Corporation)
UNITED STATES OF AMERICA )
)ss
STATE OF ALASKA )
The foregoing instrument was acknowledged before me this
2024
by
(Name of Officer)
of
(Name of Corporation)
Kodiak Island Borough
Page 4 of 5
(Title of Officer)
day of
Corporation, on behalf of said Corporation.
Notary Public
My Commission Expires:
Elevator Maintenance Services
Attachment 2: Bid Schedule
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NON -COLLUSION AFFIDAVIT
(To be executed prior to award)
UNITED STATES OF AMERICA )
)ss
STATE OF ALASKA )
I, of
(Printed Name) (Firm Name)
being duly sworn, do depose and state: I, or the firm, association or corporation of which I am a
member, a bidder, on the contract to be awarded, by the Kodiak Island Borough, for the:
Kodiak Island Borough Electrical Services
located at Kodiak, in the State of Alaska, have not, either directly or indirectly, entered into any
agreement, participated in any collusion, or otherwise taken any action in restraint of free
competitive bidding a connection with such contract.
Contractor
Subscribed and sworn to this day of 120
Notary Public
My Commission Expires:
Kodiak Island Borough Elevator Maintenance Services
Page 5 of 5 Attachment 2: Bid Schedule
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ATTACHMENT 3
SPECIFICATIONS
A. BACKGROUND
The Borough is soliciting bids from qualified vendors to complete all required elevator
maintenance and repairs as per the scope of work.
B. SCOPE OF WORK
1. Contractor shall provide all services necessary to inspect, maintain, test and certifythe
Kodiak Fisheries Research Center (KFRC) elevator as required by safety Code for
Elevators and Escalators, ASME A17.1-2013.
2 Provide all labor, materials and certifications to complete the Borough's Elevator
Maintenance and Inspections required by code.
3. Maintenance and inspections shall include the following elevators:
a. AK #H000768 Kodiak Fisheries Research Center — Passenger - 2 Holed -
2500Lbs
4. All inspections and certifications must be completed before expiration from the
previous year's inspections.
C. DESCRIPTION OF WORK
1. The maintenance and service must be performed by trained personnel
directly employed and supervised by the vendor.
2 All work shall be performed in accordance with the State of Alaska Department of
Labor & Workforce Development adopted American Society of Mechanical
Engineers (ASME) A17.1 — 2013, Safety Code for Elevators and Escalators and
the latest edition of the "American Standard Safety Code for Elevators,
Dumbwaiters, and Escalators".
a. The vendor shall perform all work ordered by the State of Alaska Elevator
Inspector to ensure that the elevators and related equipment meet or
exceed State of Alaska ANSI A17.1 code requirements.
3. The vendor shall evaluate the performance of the elevator and its equipment as
often as needed, but at least once per quarter.
a. The vendor shall provide a schedule of each inspection or evaluation to
be done to the Borough.
b. The vendor shall submit a report of each completed inspection or evaluation
to the Borough in writing within ten (10) days of completing said inspection or
evaluation.
4. MAINTENANCE/SERVICE: must include quarterly inspection, lubrication, repair,
adjustment, and or replacement of the following parts:
a. Controllers, including; relays, capacitors, contactors, leads, coils, line
starters, transformers, fuse holders and fuses, switches, wiring, connections,
resistors, rectifiers, power supplies, solid state equipment, microprocessors,
selector components, selector tape and cable, mechanical and electrical
driving components, etc.
b. Motors, including; bearings, rotating elements, windings and coils, wiring,
frames, mounts, belts, sheaves, and connections.
Kodiak Island Borough Attachment 3: Specifications
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c. Pump and pump motors, including; valves, valve manifolds, mufflers, hydraulic
oil, filters, belts, pulleys, cylinder packing, above ground plunger and cylinder,
including all connectors, generator set and brushes.
d. Hoisting machine, including; cables, compensating chains, generator,
regulator, gears, bearings, brake & lining, and drive sheave.
e. Car door operator, door rollers, locks, hangers, spirators, gibs, guides,
sash weights, sight guards, and car door protection.
f. Safety switches, load weighing switches, hoistway switches, governors,
governor components, tension sheaves, compensating sheaves, platforms, car
and counterweight safety devices, counterweight guides, roller guides,
counterweight sheaves.
g. Fixtures including; car and hall buttons, car and hall lantern, position indicators,
keyed switches, lamps, and emergency light and bell.
h. Perform routine inspections and tests of vertical platforms in accordance with
8 AAC 77.025(a).
i. Category 1 inspections, annual, and five-year (Category 5) full load test
as required by ASME A17.1 2013 Safety Code for Elevators.
5. MALFUNCTIONS: In the event the elevator malfunctions between scheduled
inspections, the vendor shall provide a qualified service representative for the
purpose of repairing the elevator within a reasonable amount of time.
a. The Borough has thirty (30) days from the date of services provided to report
any malfunctions or deficiencies to the vendor.
b. The vendor shall be responsible for all part or material costs to remedy such
malfunctions or deficiencies.
c. The vendor shall make all reasonable efforts to complete the work during
normal work hours, and reasonable efforts to avoid extravagant expenditures in
order to fix malfunctions or deficiencies that have been reported.
D. SUITABLE MATERIAL
1. During the course of this contract, unless otherwise specified, all materials,
supplies, or equipment offered by a vendor shall be new from the original
equipment manufacturer (OEM), unused, of recent manufacture, and suitable for
the manufacturer's intended purpose.
2 Obsolete or unavailable OEM parts must be replaced with the highest quality
vendor parts available.
3. Minor consumable parts can be stocked on the job. The vendor must also stock
minor parts specific to our elevators in their warehouse. Major parts not stocked
must be shipped next day air when required.
4. The vendor warrants all articles, materials, and equipment supplied under a contract
resulting from this request for quote to the specifications of this contract, to be fit
and sufficient for the use specified, to be merchantable quality, and to be free from
defect of materials or workmanship.
5. Equipment, articles, and/or materials received which do not conform o the above
warranties, may be held at the vendor's risk of loss or damages, or returned at
the vendors expense at the discretion of the Borough.
E. DOCUMENTATION / INFORMATION LIBRARY
1. During the duration of this contract the vendor will coordinate with the Borough to
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have and maintain an information library that will be located in the elevator closet on
site at all times.
2 This information library shall consist of manufacturer's equipment maintenance
schedules, equipment schematics, layouts, parts list, etc., and other basic
information needed to properly maintain the included elevator systems.
3. The vendor shall, within thirty (30) days of the award this contract, submit copies of
the schedules, checklists, reports, and tests which will be used for conduction and
recording all preventative maintenance for the Borough's information and to be
stored in the information library.
a. The Borough reserves the right to request additions or alterations to
these documents as they deem necessary.
4. Upon termination of the contract, the Borough shall become sole owners of all
the above referenced records.
TERM OF CONTRACT
The contract start date will begin July 1, 2024 and could continue thereafter unless
otherwise terminated as provided herein or until June 20, 2028.
Upon satisfactory performance, determined solely by the Borough Manager, the
Borough may exercise the option to extend the contract for up to three (3) additional
one (1) year periods by providing notice of the exercise of the option to extend at least
60 days before expiration of the current term. If the Borough provide notice of
extension, the vendor shall accept or reject the extension within thirty (30) days of the
date the notice is sent by the Borough.
Following the initial two-year period (2024-2026) requests for rate increases may be
entertained by the Borough, and if acceptable, will be incorporated into each renewal.
Kodiak Island Borough Attachment 3: Specifications
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Attachment 4
Page 1 of 15
KODIAK ISLAND BOROUGH
AGREEMENT
FOR
ELEVATOR MAINTENANCE SERVICES
Contract No. 2024-XX
This Agreement made and entered into this _ day of , 2024, by and
between the Kodiak Island Borough, hereinafter 'Borough", a general law municipality and a
Borough of the second class, whose address is: 710 Mill Bay Road, Kodiak, Alaska 99615, and
COMPANY NAME., whose address is , [Address, City, State, Zip], and licensed and qualified
to do business within the State of Alaska, hereinafter called "Contractor."
RECITALS
A. The Borough desires the performance, provision, and accomplishment of the work,
services and materials described and set forth in Part 1, Section 2.
B. Contractor represents that it is ready, able, and qualified to perform, and will
perform, in all respects, all of the work, services, and materials, and to otherwise perform all of
the terms, covenants, conditions and provisions of the Agreement in the manner, at the times,
and for the consideration hereafter provided.
Now, therefore, for and in consideration of the terms, covenants, conditions, and
provisions contained herein, and/or attached and incorporated herein and made a part hereof,
the parties hereto agree as follows. This contract consists of:
A. Part I, consisting of eighteen (18) sections of General Provisions.
B. Part 11, consisting of six (6) sections of Special Provisions.
C. Acknowledgements
D. Exhibits: A (Invitation to Bid), B (Bid Proposal)
PART
GENERAL PROVISIONS
Section 1: Agreement to Perform. The Borough hereby agrees to engage the Contractor,
and the Contractor hereby agrees to perform, complete, provide and furnish, in a timely and
proper manner, and pursuant to and in accordance with all of the terms, covenants, conditions
and provisions of this Agreement, all of the work, services, labor and materials required to
accomplish all of the work described in Section 2 hereof at the times, in the manner, and for the
consideration and payments hereinafter set forth.
Kodiak Island Borough Elevator Maintenance Services
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Attachment 4
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Section 2: Description of Work. The Contractor shall perform, supply, and provide all of
the work, services and materials; hereinafter collectively referred to as "work", as set forth and
described on Exhibit A, attached hereto and incorporated herein by this reference. The work shall
be performed in accordance with Bid Proposal, copy attached as Exhibit B and incorporated
herein by reference. In the event of a conflict between this contract, Exhibit A or B, the terms of
this contract shall prevail, then Exhibit A, then Exhibit B.
Section 3: Time for Commencement and for Completion of Work.
(a) Commencement. Contractor shall commence the work called for in this Agreement
upon the giving of a Notice to Proceed by the Borough.
(b) Contract Term. The initial contract period will terminate on June 30, 2026, with a
provision for three (3) one-(1) year extensions at the option of the Borough and depending on the
availability of funding. If the Borough offers an extension the Contractor will have not more than
thirty (30) days to accept or refuse the offer. The parties may mutually agree to continue services
after expiration of the final term on a month -to -month basis on the same rates until a new contract
can be awarded.
Section 4: Financial Terms.
(a) Compensation and Payment. For and in consideration of the timely and proper
performance of work authorized as provided herein, the Borough shall pay the Contractor at the
rates provided for in the Contractor's Proposal, which rate schedule is attached as Exhibit B and
incorporated herein by reference. Payments shall be based upon invoices, which may be
submitted no more frequently than monthly.
(b) No Additional Work. No claim for additional work, services or materials, not specifically
and expressly requested and authorized as provided for in this Agreement, or by a written
amendment thereto signed by both parties, done or furnished by the Contractor, will be allowed
or paid by the Borough, and Contractor expressly waives any claim therefore.
(c) Availability of Funds. This contract is subject to the availability of funds lawfully
appropriated for its performance.
(d) The Borough may delay or withhold payments from the Contractor for any of the
following reasons:
1) The application for payment misstates the amount of services completed; or
2) Defective services not remedied.
In the event funds are delayed or withheld the Borough shall provide the Contractor notice of the
amount withheld and the basis upon which it is withheld.
Section 5: Borough's Contracting Officer. For purposes of this Agreement, the Borough's
contracting officer shall be the Borough Manager or such other person as is designated in writing
by the Borough Manager.
Section 6: Contractor Qualified. The Contractor expressly represents and warrants it is
now and shall continue to be at all times during the performance of this Agreement, the holder of
all required or necessary professional, business or other licenses or permits and is qualified and
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Attachment 4
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capable of performing all of the work covered or called for by this Agreement and is presently
ready, able and willing to undertake and perform all of such work and services, and to supply all
necessary materials and equipment, at the times, and in a non -negligent professional and
workmanlike manner, and pursuant to the terms, conditions and provisions, and for the
compensation and payments as herein provided.
Section 7: Termination.
(a) By Consent. This Agreement may be terminated in whole or in part by the mutual
consent of the parties. Such consent shall be in writing.
(b) Termination for Cause. This Agreement may be terminated in whole or in part in writing
by Borough in the event of failure by Contractor to fulfill any of the terms and conditions of this
Agreement upon the giving of not less than five (5) calendar days prior written notice of intent to
terminate in the manner provided in Part 1, Section 10, hereof.
(c) Termination for Convenience of Borough. This Agreement may be terminated in whole
or in part in writing by the Borough for Borough's convenience provided the Contractor is given
not less than thirty (30) calendar days prior written notice of intent to terminate in the manner
provided in Part 1, Section 10, hereof.
(d) In the event termination by the Borough is effected pursuant to (b) above, the
Contractor shall not be entitled to receive any further payment until the work is completed, or the
Borough elects to not proceed further with the project. Upon completion of the work, or termination
of the project in the event the Borough elects to not proceed with the project, the Contractor shall
be paid as follows:
1) In the event the costs and expense of taking over, re -advertising and completing
the project or the costs of closing out the project if the Borough elects to not
proceed with the project (hereinafter referred to as "close out costs"), exceed the
remaining unpaid amount of this Agreement, any amount which was otherwise due
and unpaid to Contractor at the time of termination shall be applied to such
increased costs in taking over, re -advertising and completing the project, (or
applied to close out costs) and the remaining amount of such costs, if any, shall
be paid by the Contractor to the Borough.
2) In the event said costs and expense of taking over, re -advertising and
completing the project, (or close out costs) are less than the total amount which
was otherwise due and unpaid to the Contractor at the time of termination, the
increased costs of taking over and completing the project (or the close out costs)
shall be deducted from the amounts due the Contractor and the balance, if any,
paid to the Contractor without interest.
(e) Upon receipt of a termination notice pursuant to paragraphs (b), (c), or (d) above, the
Contractor shall promptly discontinue all services (unless the notice directs otherwise), and deliver
or otherwise make available to the Borough all data, drawings, notes, specifications, reports,
estimates, summaries, work in progress, and any and all other information and/or materials as
may have been accumulated by the Contractor in performing this Agreement, whether completed
or in process, and free and clear of any mechanics or other liens or claims in favor of Contractor
or any other person.
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(f) Upon termination pursuant to paragraphs (b), (c), or (d) above, the Borough may, but
shall not be required to, take over the work and prosecute the same to completion by agreement
with another person or otherwise, may elect to complete the work itself, or to not proceed further
with the work and project.
(g) If, after termination by the Borough pursuant to (b) above, it is determined that the
Contractor had not so failed, the termination shall be deemed to have been affected for the
convenience of the Borough. In such event, adjustment of the amounts to be paid to Contractor
for termination shall be made as provided in paragraph (f) of this Section.
(h) No other damages, whether for lost profits or otherwise, other than the amounts
allowed and computed as provided for in this Section 7 shall be due or payable to Contractor in
the event of termination.
Section 8: Conflict of Interest. The Contractor covenants, warrants and represents that the
Contractor has no interest and shall not acquire any interest, direct or indirect, which would conflict
in any manner with the subject matter or the performance of this Agreement. The Contractor
further covenants, warrants and represents that in the performance of this Agreement, no person
having any such interest shall be employed.
Section 9: Assignment and Subletting Prohibited. The Contractor shall not assign, transfer,
convey, pledge, hypothecate, sublet, subcontract, or otherwise dispose of or encumber this
Agreement, or the rights thereunder, nor shall the Contractor delegate any of his/her/its duties
hereunder without the prior written consent of the Borough. Any such attempted assignment,
transfer, conveyance, pledge, hypothecation, subletting, or other disposition, or the attempted
assignment, disposition or delegation of duties or rights shall be null and void and of no force or
effect and shall be grounds and cause for immediate termination of this Agreement without liability
by and at the option of the Borough.
Section 10: Notice.
(a) Any notice, demand, request, consent, approval, or other communication that either
party desires or is required to give to the other party or any other person shall be in writing and
either served personally or sent by prepaid, first-class mail at the address set forth below. Either
party may change its address by notifying the other party of its change of address in writing.
Notice shall be deemed to have been duly made and given when delivered if served personally,
or upon the expiration of twenty-four (24) hours after the time of mailing if mailed as provided in
this Section.
Borough: Kodiak Island Borough
ATT: Engineering & Facilities
710 Mill Bay Road
Kodiak, AK 99615
Contractor: COMPANY
[ADDRESS}
[CITY, STATE, ZIP]
Kodiak Island Borough
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(b) The performance and administration of this program and this Agreement will be
monitored by the Borough and such other agencies as may be required or authorized pursuant to
the terms of any grant to the Borough. Necessary reports, in proper form, will be required as a
prerequisite to any payment to the Contractor.
(c) All project records shall be maintained by the Contractor for not less than three (3)
years after completion and final acceptance of all work by the Borough and shall be subject to
inspection and copying by the Borough or any funding agency during said period.
Section 11: Status of Parties.
(a) Independent Contractor. The Contractor shall perform its obligations hereunder as an
independent contractor of the Borough. The Borough may administer the contract and monitor
the Contractor's compliance with its obligations hereunder. The Borough shall not supervise or
direct the Contractor other than as provided in this Section.
(b) Relationship of the Parties. Nothing herein contained shall be deemed or construed by
the parties hereto, nor by any third party, as creating the relationship of principal and agent or of
partnership or of joint venture between the parties hereto, it being understood and agreed that
neither method of computation of payment nor any other provision contained herein, nor any acts
of the parties hereto, shall be deemed to create any relationship between the parties hereto other
than the relationship of Borough and an independent Contractor.
Section 12: Hold Harmless and Indemnity.
(a) The Contractor shall indemnify, defend, save and hold the Borough, its officers,
employees and agents harmless from any and all claims, lawsuits, liabilities, penalties, or fines,
including attorney's fees and costs, allegedly arising out of, in connection with, or incident to any
loss, damage or injury to persons or property occurring as a result of the Contractor's or any
subcontractor's intentional misconduct or negligent acts, errors or omissions in its performance
pursuant to this contract.
(b) Contractor further agrees to appear and defend, and to indemnify and save free and
harmless the Borough and its officers, employees and agents from and against any of the
foregoing claims, liabilities, penalties, fines or damages, whether or not valid, and for any cost
and expense, including reasonable attorney's fees, incurred by the Borough, its officers,
employees or agents on account of any claim therefore, including claims by reasons of any
defects in any plans, drawings, specifications, computer programs, technical reports, or other
work product of Contractor prepared for or submitted to the Borough pursuant to this Agreement
provided said claim is not based upon a use of said plans, drawings, specifications or other work
product for other than the purposes for which such data was prepared and submitted to the
Borough.
(c) Contractor shall keep the work free from all liens and shall indemnify and defend
the Borough and hold it harmless from any claims of Contractor's subcontractors or suppliers.
Section 13: No Third -Party Beneficiaries. Nothing in this Agreement shall be construed to
give any person other than the Borough and the Contractor any legal or equitable right, remedy
or claim under this Agreement, but it shall be held to be for the sole and exclusive benefit of the
Borough and the Contractor.
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Section 14: Compliance with Laws and Regulations. Contractor shall, at Contractor's sole
cost and expense, comply with all of the requirements of all local, state, or federal laws,
ordinances, or regulations now in force, or which may hereafter be in force, pertaining to this
Agreement, or the project or work to be performed, and shall faithfully observe in the performance
of this Agreement, all local, state, and federal laws, ordinances and regulations now in force or
which may hereafter be in force. When a change in laws, ordinances or regulations results in
additional costs, the Contractor may request a change order to cover those costs. Any such
change order shall be limited to the Contractor's actual additional costs as a result of the change.
The Contractor shall pay all taxes pertaining to its performance under this contract.
Section 15: Successors and Assigns. Except as otherwise provided herein, the covenants,
agreements and obligations herein contained shall extend to bind and inure to the benefit not only
of the parties hereto but their respective personal representatives, heirs, successors and assigns.
Section 16: Miscellaneous.
(a) Terminology. Whenever herein the singular number is used, the same shall include the
plural, and the masculine gender shall include the feminine and neuter genders.
(b) Law Applicable. The laws of the State of Alaska shall govern the construction, validity,
performance and enforcement of this Agreement. Venue as to any action, claim, or proceeding
arising out of, or based upon this Agreement, including, but not limited to, any action for
declaratory or injunctive relief, shall be the appropriate Court sitting in the City of Kodiak, Third
Judicial District, Alaska.
(c) Paragraph Headings. The headings of the several sections and subsections contained
herein are for convenience only and do not define, limit, or construe the contents of such sections
and subsections.
(d) Terms Construed as Covenants and Conditions. Every term and each provision of this
Agreement performable by Contractor shall be construed to be both a covenant and a condition.
(e) Time of the Essence. Time is of the essence of each term, condition, covenant, and
provision of this Agreement.
(f) Severability. In the event any provision of this Agreement is adjudicated or held to be
invalid or unenforceable, the remaining provisions shall remain in full force and effect.
(g) Nonwaiver. No delay or omission of the right to exercise any power by either party shall
impair any such right or power, or be construed as a waiver of any default or as acquiescence
therein. One or more waivers of any covenant, term, or condition of this Agreement by either party
shall not be construed by the other party as a waiver of a subsequent breach of the same
covenant, term or condition. The consent or approval by either party to any act by the other party
of a nature requiring consent or approval shall not be deemed to waive or render unnecessary
consent to or approval of any subsequent similar act.
Section 17: Amendment.
(a) This contract shall only be amended, modified, or changed by writing, executed by
authorized representatives of the parties.
Kodiak Island Borough Elevator Maintenance Services
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(b) For the purpose of any amendment modification or change to the terms and conditions
of this contract, the only authorized representatives of the parties are:
1) Kodiak Island Borough, Borough Manager or designee
2) COMPANY, [NAME], Owner
(c) Any attempt to amend, modify, or change this contract by either an unauthorized
representative or unauthorized means shall be void.
Section 18: Entire Agreement. This Agreement and any schedules, appendices or exhibits
attached hereto sets forth all the covenants, promises, agreements, conditions, and
understandings between the parties hereto, and there are no covenants, promises, agreements,
conditions or understandings, either oral or written, between them other than as herein set forth.
Except as herein otherwise expressly provided, no contemporaneous or subsequent agreement,
understanding, alteration, amendment, change or addition to this Agreement, or any schedule,
appendix, exhibit, or attachment thereto shall be binding upon the parties hereto unless reduced
to writing and signed by both parties. This Agreement constitutes a final, complete, and exclusive
statement of the agreement between the parties.
PART II
SPECIAL PROVISIONS
Section 1: Insurance.
(a) During the entire period of the project or work, the Contractor shall provide the
following types of insurance. The Borough shall be insured as additional insured on all insurance
policies except professional liability contracts. All policies shall have a thirty (30) day cancellation
clause.
Comprehensive automobile liability, bodily injury, and property damage,
including all owned, hired and non -owned, automobile - $1,000,000 per
each accident
2. Workers' compensation as required by law and employer's liability
coverage at a minimum of $1,000,000.
3. Commercial general liability insurance - $1,000,000 per occurrence and
$2,000,000 aggregate.
(b) Each policy of insurance required by this Section shall provide for no less than
thirty (30) days' advance notice to the Borough prior to cancellation. Insurance certificates will be
required to be submitted for review by the Borough Manager before the Borough will issue a
notice to proceed. Failure to maintain coverage is a material breach and grounds for termination
of the contract.
(c) Should the Contractor fail to comply with the insurance requirements of this
Agreement, the Kodiak Island Borough may terminate the Agreement on ten (10) days written
notice.
Section 2: Equal Employment Opportunity.
Kodiak Island Borough
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(a) The Contractor shall not discriminate against any employee or applicant for
employment because of race, color, religion, disability, national origin, ancestry, age, or sex. The
Contractor will take affirmative action to ensure that applicants are employed and that employees
are treated during employment without regard to their race, color, religion, disability, national
origin, ancestry, age, or sex. Such action shall include, but not be limited to, the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or
termination, rates of pay or other forms of compensation; and selection for training, including
apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices setting forth the provisions of this nondiscrimination clause.
(b) The Contractor shall state in all solicitations or advertisements for employees to work
on contract jobs to be let in the performance of this Agreement, that all qualified applicants will
receive consideration for employment without regard to race, color, religion, disability, national
origin, ancestry, age, or sex.
(c) The Contractor agrees to fully cooperate with the office or agency of the State of Alaska
which seeks to deal with the problem of unlawful or invidious discrimination, and with all other
State efforts to guarantee fair employment practices under this Agreement, and said Contractor
will comply promptly with all requests and directions from the State Commission of Human Rights
or any of its officers or against relating to prevention of discriminatory employment practice.
(d) Full cooperation as expressed in the foregoing clause (c) shall include, but not be
limited to, being a witness in any proceeding involving questions of unlawful or invidious
discrimination if such is deemed necessary by any official or agency of the State of Alaska,
permitting employees of said Contractor to be witnesses or complainants in any proceeding
involving questions of unlawful or invidious discrimination, if such is deemed necessary by any
official or agency of the State of Alaska, or the Borough, participating in meetings, submitting
periodic reports on the equal employment aspects of present and future employment, assisting in
inspection of relevant facilities, and promptly complying with all State directives deemed essential
by any office or agency of the State of Alaska, or the Borough, to insure compliance with all federal
and state laws, regulations, and policies pertaining to the prevention of discriminatory employment
practices.
(e) Failure to perform any of the above agreements pertaining to equal employment
opportunities shall be deemed a material breach of the contract and sufficient grounds for
termination of this Agreement for cause without liability.
Section 3: Contractor Responsible for Personnel.
The Contractor has or will secure, at Contractor's own cost and expense, all personnel
required to perform this Agreement in a timely and proper manner. The parties hereto agree and
understand that such personnel shall in no event be deemed to be, and are not, employees,
agents, or representatives of the Borough and such persons shall have no contractual or other
relationship with the Borough, and the Borough shall have no responsibility or liability whatsoever
to any of said persons, or for the acts or omissions of any of such persons.
Section 4: Personnel Supervision.
Contractor agrees that all work and services required or provided under this Agreement
shall be performed personally by the Contractor, unless otherwise authorized in writing by the
Kodiak Island Borough Elevator Maintenance Services
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Borough's contracting officer, and in such event all personnel engaged in any such work shall be
fully qualified, and shall be licensed and authorized under applicable state, federal and local laws
to perform such services.
Section 5: Corporate Authority.
If Contractor is a corporation, Contractor shall deliver to the Borough at the time of
execution of this Agreement a certified copy of a resolution of its board of directors authorizing
the execution of this Agreement and naming the officers that are authorized to execute this
Agreement on behalf of the corporation.
Section 6: Additional Terms and Conditions.
This Agreement is subject to each of the additional terms, covenants, conditions, and
provisions outlined in the scope of work attached hereto as Exhibit A, which are hereby expressly
referred to and incorporated herein as though set forth in full.
Kodiak Island Borough
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ACKNOWLEDGMENTS
Wherefore the parties have entered into this Agreement the date and year first above
written.
Date:
Kodiak Island Borough
Page 10 of 15
KODIAK ISLAND BOROUGH:
By:
Aimee Williams
Borough Manager
ATTEST:
By:
Nova M. Javier
Borough Clerk
APPROVED AS TO FORM:
By:
Scott A. Brandt-Erichsen
Borough Attorney
CONTRACTOR:
By:
[COMPANY — Representative]
[COMPANY NAME], Owner/Operator
Elevator Maintenance Services
Contract FY2024-XX
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BOROUGH ACKNOWLEDGMENTS
STATE OF ALASKA )
) ss.
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this day of 2024, before me, the
undersigned, a notary public in and for the State of Alaska, duly commissioned and sworn,
personally appeared Aimee Williams, to me known to be the Borough Manager of the Kodiak
Island Borough, a municipal corporation, the corporation which executed the above and
foregoing instrument; who on oath stated that he was duly authorized to execute said instrument
on behalf of said corporation; who acknowledged to me that he signed the same freely and
voluntarily on behalf of said corporation for the uses and purposes therein mentioned.
WITNESS my hand and official seal the day and year in the certificate first above written.
(Seal) NOTARY PUBLIC FOR ALASKA
My Commission Expires:
STATE OF ALASKA )
) ss.
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this _ day of 2024, before me, the
undersigned, a notary public in and for the State of Alaska, duly commissioned and sworn,
personally appeared Nova M. Javier, to me known to be the Borough Clerk of the Kodiak Island
Borough, a municipal corporation, the corporation which executed the above and foregoing
instrument; who on oath stated that she was duly authorized to execute said instrument on behalf
of said corporation; who acknowledged to me that she signed the same freely and voluntarily on
behalf of said corporation for the uses and purposes therein mentioned.
WITNESS my hand and official seal the day and year in the certificate first above written.
(Seal) NOTARY PUBLIC FOR ALASKA
My Commission Expires:
Kodiak Island Borough Elevator Maintenance Services
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ACKNOWLEDGMENT
LIMITED LIABILITY COMPANY
STATE OF ALASKA )
) ss.
THIRD JUDICIAL DISTRICT )
I, , a Notary Public, in and for the State of , hereby
certify that I whose name as
manager/member of LLC., is signed to the foregoing
instrument and who is known to me, acknowledged before me on this day that, being informed of
the contents of the instrument, he or she, as such officer and with full authority, executed the
same voluntarily for and as the act of said limited liability company.
WITNESS my hand and official seal the day and year in this certificate above written.
(Seal) NOTARY PUBLIC FOR ALASKA
My Commission Expires: _
NIQz119]CT-11%0=Ed=ICi01aW-A99
I, , certify that I am the Secretary of the Corporation named
as Contractor in the foregoing instrument; that , who signed
said instrument on behalf of the Contractor, was then of said Corporation;
that said instrument was duly signed for and on behalf of said Corporation by authority of its
governing body and is within the scope of its corporate powers.
Signature
Kodiak Island Borough
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CORPORATE ACKNOWLEDGMENT
STATE OF ALASKA )
) ss.
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this day of , 2024, before me,
the undersigned, a Notary Public in and for the State of duly commissioned
and sworn, personally appeared (Name) and
(Name) known to be the President and Secretary of
, the corporation which executed the above and foregoing
instrument, and who on oath stated they were duly authorized to execute said instrument and
acknowledged that they signed the same freely and voluntarily on behalf of said corporation for
the purposes therein mentioned.
WITNESS my hand and official seal the day and year in this certificate above written.
(Seal) NOTARY PUBLIC FOR ALASKA
My Commission Expires:
Kodiak Island Borough
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EXHIBIT A
INVITATION TO BID
Kodiak Island Borough
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Attachment 4
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EXHIBIT B
CONTRACTOR'S BID PACKAGE AS SUBMITTED
Kodiak Island Borough
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Attachment 4
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Contract FY2024-XX
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EXHIBIT B
CONTRACTOR'S BID PACKAGE AS SUBMITTED
Kodiak Island Borough
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AGENDA ITEM O.D.
OTIS
Otis Elevator Company
619 East Ship Greek 0001
_h—ge. AK 99501
907.278 4575 phone
907.279.41251ax
June 14, 2024
To: Kodiak Island Borough — Elevator Maintenance Services
Re: Tiered Service Package Option
Attn: Patricia Valerio
From: Melissa Davidson with Otis Elevator
We welcome you to consider our Otis Maintenance Agreement at a discounted price. Please see
the attached Tiered Service Level as attachment #1. Breakdown of costs:
Elevator Maintenance Services
Description
Estimated
Bid Rate
Annual
Quantity
Category 1 - Elevator Maintenance,
Inspection, and Service (Required
4
$ 750.00 04
Quarterly)
O. oo
Category 5 Testing (Within Contract
1
$ 6,800.00
Tenn)
Hourly Rate for Certified Technician
20
$385 x 20 = $7,700
Overtime Rate for Certified Technician
2
$770 x 2 = $1540
Hourly Rate for Crew
5
$770 x 5 = $3850
Overtime Rate for Crew
2
$1540 x 2= $3080
Parts Mark Up
20 %
Total Base Bid
$ 25, 47 D. 0 0
Warm regards,
Melissa Davidson
Otis Elevator
Senior Account Manager
907-830-4859
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hft4VMA+ -#1
Signature
Service
Signature Contract
ACCOUNT NAME & Kodiak Fisheries Research Center
ADDRESS 301 Research Ct
-- Kodiak, AK 99615
.= Signature:
CUSTOMER NAME 8 Patricia Valerio
L,
Service CONTACT INFO
pvalerio@kodiakak.us
CONTRACT
MAINTENANCE Overview of your preventative maintenance plan and which parts are
included
(�S RELIABILITY & Details concerning the level of coverage you have along with Otis' method
RESPONSIVENESS for ensuring timely dispatching and parts availability to meet your needs
OQ COMMUNICATION Summary of the many ways for you to communicate with us and receive
1"11"1 information from us
0 SAFETY & Safety is our number one priority- this section includes an outline of safety
471X ENVIRONMENT features and activities pertaining to your equipment
J,� 1 SCHEDULE & Terms and conditions about our regular working hours, insurance coverage
�y CLARIFICATIONS and legal requirements
Il, ll PAYMENT & Price and term of agreement followed by the signatory area and billing
ACCEPTANCE information
COVERAGEI Ir per month, payable quarterly in arrears
Duration : four (4) year(s)
DELIVERING THE PROghting you with world class service.
Otis Elevator Company 619 E SHIP CREEK AVE #301
M: ANCHORAGE, AK 99501
oiis.com
For emergencies:
OTIS
OTISLINE• Customer Care 800.233.6847
Confidential
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AGENDA ITEM #3.D.
Otis Maintenance
6/13/2024
CUSTOMER NAME
Kodiak Fisheries Research Center
301 Research Ct
Kodiak, AK 99615
PROJECT LOCATION
Kodiak Fisheries Research Center
301 Research Ct
Kodiak, AK 99615
OTIS ELEVATOR COMPANY
619 E SHIP CREEK AVE #301
ANCHORAGE, AK 99501
PROPOSAL NUMBER
QTE-001932083
Signature
Service
Otis Elevator Company or "we" agree to furnish Otis Maintenance to Customer or "you" on the equipment
("Units") described below as set forth in this Contract.
EQUIPMENT DESCRIPTION
No Of Units Type Of Units Manufacturer Customer Designation Machine Number
I Hydraulic Dover Only Elev. UNIT-001211366
CONTRACT PRICE
The contract gross price is two hundred fifty dollars ($250.00) per month, payable quarterly in arrears.
If you select a different payment frequency, please initial next to the additional cost/discount to be
applied to your contract price.
Billing
Frequency
Additional
Cost/Discount
Initial to
Accept
Monthly
+1 %
Semi-annually
-2%
Annually
-3%
TERM & RENEWAL
The Commencement Date will be 7/l/2024. The initial term of this Contract will be for four (4) year(s)
beginning on the Commencement Date.
This Contract will automatically renew for successive one (1) year terms unless terminated by either party by
giving written notice to the other party at least 60 days, but no more than 120 days prior to the end of the
then -current term.
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PAYMENT
Payments will be due and payable quarterly in arrears for the term of the Contract, in accordance with the
payment instructions on your invoice. The work shall be performed for the agreed price plus any applicable
sales, excise or similar taxes as required by law. In addition to the agreed price, you shall pay to us any future
applicable tax imposed on us, our suppliers or you in connection with the performance of the work
described.
INVOICE DELIVERY
The standard method of invoice delivery is via email. Please provide your email address(es) in the bill to
section of this document. You agree to immediately update us with any changes to the invoice delivery
email address(es). If you wish to receive your invoices via Mail, an additional fee of $5.00 per month will be
added to your monthly contract price.
Alternate Invoice
Delive Method
Additional
Cost
Initial to
Accept
Mail
$5.00
AUTOPAY
Visit https://otis.payinvoicedirect.com to register for autopay to automatically debit your bank account for
your invoice payments.
PRICE ADJUSTMENT
The Contract Price will not adjust for the initial term.
OTIS MAINTENANCE MANAGEMENT SYSTEMTM (OMMSTM)
We will use the Otis Maintenance Management System (OMMSim) preventative maintenance program to
deliver service tailored to your specific building needs. Equipment type, component life, equipment usage,
and building environment will be taken into account by the OMMSTm scheduling system, which will be used
to plan maintenance activities in advance.
MAINTENANCE
Otis will maintain the Units using trained personnel directly employed and supervised by us, or through the
use of remote monitoring or other technology in Otis' sole discretion. Without affecting our obligation to
provide service under this Contract, you agree to permit us to train our personnel on the Units. The
maintenance will include inspection, lubrication, and adjustment of the following parts:
• Controller parts, selectors and dispatching equipment, relays, solid-state components, transducers,
resistors, condensers, power amplifiers, transformers, contacts, leads, dashpots, timing devices,
computer and microcomputer devices, steel selector tapes, mechanical and electrical driving
equipment, signal lamps, and position indicating equipment.
• Door operators, car door hangers, car door contacts, door protective devices, load weighing
equipment, car frames, car safety mechanisms, platforms, car and counterweight guide shoes
including rollers and gibs, and emergency car lighting.
• Hoistway door interlocks and hangers, bottom door guides, and auxiliary door closing devices.
• Machines; worms, gears, thrust bearings, drive sheaves, drive sheave shaft bearings, brake pulleys,
brake coils, contacts, linings, and component parts.
• Motors, brushes, brush holders, and bearings.
• Governor components, governor sheaves and shaft assemblies, bearings, contacts, governor jaws,
deflector or secondary sheaves, car and counterweight buffers, car and counterweight guide rails,
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.- Signature
Service
car and counterweight sheave assemblies, top and bottom limit switches, governor tension sheave
assemblies, and compensating sheave assemblies.
Pumps, pump motors, operating valves, valve motors, leveling valves, plunger packings, exposed
piping, above ground plungers and cylinders, and hydraulic fluid tanks.
Escalator handrails, handrail drive chains, handrail brush guards, handrail guide rollers, alignment
devices, steps, step treads, step wheels, step chains, step axle bushings, comb plates, floor plates,
tracks, external gearing, and drive chains.
Escalator upper drives, upper drive bearings, tension sprocket bearings, upper newel bearings and
lower newel bearings, demarcation lights, and comb lights.
Replacing wire rope and coated steel belts, equalizing the tension on hoisting ropes, resocketing ropes for
drum machines, or repairing or replacing conductor cables and hoistway and machine -room elevator
wiring is excluded. No service other than that specifically stated as covered is included or intended.
PARTS COVERAGE
Unless excluded elsewhere in the Contract if necessary, due to normal usage and wear, Otis will repair or
replace the parts specified above at its sole discretion. Any parts under this Contract requiring replacement
will be replaced with parts selected by Otis.
PARTS INVENTORY
Otis will, during the term of this Contract, use commercially reasonable efforts to maintain a supply of
frequently used replacement parts and lubricants selected by Otis to meet the specific routine requirements
of the Units. Any such parts or items shall remain our property until installed in the Units.
QUALITY CONTROL
Otis will periodically conduct field audits of our personnel and the Units to maintain quality standards. Otis
field engineers will provide technical assistance, technical information, and ASME A17.1 Code ("Code" or
"Elevator Code") consultation to support our maintenance organization.
CUSTOMER REPRESENTATIVE
As a service to you, and at your request, an Otis representative will be available to discuss with you about
modernization, traffic handling ability, recommendations and requirements of Code authorities, proper use
and care of the Units, and the OMMSTM program. There is no additional charge for this consulting service,
but by making this service available to you, Otis does not assume any duty to warn and you agree to not
hold or seek to hold Otis responsible or liable whatsoever in connection with, arising out of, or related to any
recommendation or alleged duty to or failure to warn.
REPORTS —CUSTOMER PORTAL
We will use the OMMSM program to record completion of maintenance procedures. We will, at your request,
provide you access to the Customer Portal, our proprietary customer interface that permits you to access
electronic records of repair, completed maintenance procedures and service call history for the Unit(s)
during the prior twelve (12) months. You will be responsible for obtaining Internet access to use the Customer
Portal
SAFETY
We will conduct. safety tests only if required by the applicable Elevator Code in effect on the
Commencement Date of the initial term. Tests that are subsequently required by the applicable Elevator
Code or authority having jurisdiction are not covered under this Contract, but may be performed for an
additional charge which shall be presented at the time of request to perform any such additional test. We
will instruct our personnel to use appropriate personal protection equipment and follow safe work practices.
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Service
SAFETY TESTS - HYDRAULIC ELEVATORS
We will conduct an annual no load test and annual pressure relief valve test
FIREFIGHTERS' SERVICE TEST
If the equipment has firefighters' service, you assume responsibility for performing and keeping a record of
any Code required tests and for the maintenance, functioning and testing of the smoke and/or heat
detectors. If during the initial firefighters' service test any elevator firefighters' service is found to be
inoperable, the building and or you will be responsible for all of the cost associated with the repairs necessary
to bring the unit in compliance with the applicable Codes. If any applicable Code or governing authority
mandates that such required tests be performed by a licensed elevator mechanic, Otis will provide such
testing and service for an additional charge on an open order basis. You will be responsible for the costs
associated with such testing and service.
24 - HOUR DISPATCHING
Otis will, at your request, provide you with access to the Customer Portal and our OTISLINETM' 24-hour, year-
round dispatching service. In the event a Unit malfunction occurs between regular examinations, you will
be able to place a service call on the Customer Portal or through an OTISLINEM customer service
representative, who will, at your request, dispatch an examiner to perform service. In the event Otis receives
an emergency call from the phone in the elevator and a passenger indicates a need for assistance, Otis
shall attempt to contact a building representative for an assessment of the situation and authorization to
respond to the call. If Otis is unable to reach a building representative, Otis shall respond to the emergency
call from the phone in the elevator. The visit will be treated as chargeable service request. Any service
required outside of normal working hours will be billed to you in accordance with the work schedule detail
below.
TRAVEL TIME AND EXPENSE
In the event there is a service call that is deemed billable by us as being out of the maintenance scope, you
agree to pay us travel time and expenses at our regular or overtime billing rates as applicable from the time
of dispatch to the building under contract and return.
NORMAL HOURS
All maintenance procedures and repairs will be performed during our regular working hours of our regular
working days for the examiners who perform the service. All lamp and signal replacements will be
performed during regular examinations.
For purposes of this Contract, a service request is a response by Otis to a request for service for assistance
made (a) by the customer or customer representative; (b) by the building or building representative; (c) by
emergency personnel ; (d) through the ADA phone line; and/or (e) through REMTm monitoring system, for
service or assistance, on an as needed basis, excluding regularly scheduled maintenance.
Regular working hours: 8:00 AM - 4:30 PM.
Regular working days: Monday - Friday excluding holidays.
OVERTIME SERVICE REQUESTS
Service requests outside of regular working hours will be billed at standard overtime rates.
SPECIAL PROVISIONS
Notwithstanding any other provision herein to the contrary, the following provisions shall be applicable and
govern in the event of conflict:
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Travel Time and Expenses, and Inclement Weather
• In the event of trouble calls between our regular examinations, you (the customer) agree to pay Otis for
travel time and expenses, at our regular billing rates, from the dispatching point to the building under
contract and return.
• If during our normally scheduled service visit, an emergency callback between normal examinations or a
scheduled repair trip, we find the mechanic cannot return to the dispatching point due to inclement
weather, acts of god, travel delays caused by the airlines or other parties, the mechanics time and
expense at our cost will be billed to the owner.
VISIT FREQUENCY
Otis will visit the building to perform planned, scheduled work at the frequency identified below:
Unit Number
Customer Designation
Visit Frequency
UNIT-001211366
Only Elev.
Quarterly
CUSTOMER BILLING RATES:
Regular Time Rate Premium Time Rate Overtime Rate
Mechanic 1 $385.00 $385.00 $770.00
EXCLUSIONS
This Contract does not cover car enclosures (including, but not limited to, wall panels, door panels, car
gates, plenum chambers, hung ceilings, lighting, light diffusers, light tubes and bulbs, handrails, mirrors and
floor coverings), rail alignment, hoistway enclosures, hoistway gates, hoistway inserts and brackets, mainline
disconnect switches, doors, door frames, sills, swing door hinges and closing devices, below ground or
unexposed hydraulic cylinders and plungers, buried or unexposed piping, escalator balustrades, escalator
lighting or wedge guards. This Contract does not cover computer and microcomputer devices, such as
terminal keyboards and display units that are not exclusively dedicated to the elevator system. This Contract
does not cover telephones installed by others, intercoms, heat sensors, smoke sensors, communications
equipment, or safety signaling equipment, or instructions or warnings in connection with use by
passengers. Further, we will not be responsible for, required, or liable: (i) to perform any tests other than
those required by applicable Elevator Code in effect on the Commencement Date of the initial term; (ii) to
make any replacements with parts of a different design or type orwhere the original item has been replaced
by an item of a different design; (iii) to make any changes in the existing design of the Units; (iv) to alter,
update, upgrade or modernize Units, whether recommended or directed by governmental authorities or by
any third party; (v) to make repairs or replacements necessitated by failures detected during or due to
testing of the Units or buried or unexposed hydraulic cylinders or piping; (vi) to replace or repair any
component or system utilizing obsolete or discontinued parts, including but not limited to parts for which the
original design is no longer manufactured or available for sale by the original equipment manufacturers or
that is replaceable only by fabrication or purchase from a different after -market distributor or manufacture;
(vii) to replace or repair any equipment (except Screen equipment set forth below) more than twenty (20)
years and one calendar day from the original installation date; (viii) to repair or replace any touch screen,
touch pad, tactile pad including without limitation LCD, LED, CRT, TFT, DLP, Plasma, or OLED screens (such
as, but not limited to, Otis Compass screens) (collectively "Screen") or any component or part directly
connected to the Screen for up to and no more than one (1) year and one calendar day from the original
installation date; (ix) to provide reconditioned or used parts; (x) to make any replacements, renewals,
repairs or provide any service necessitated by reason of any cause beyond our control including, but not
limited to, fire, explosion, theft, floods, water, weather, epidemic, pandemic, quarantine, earthquake or
other act of nature or God, vandalism, misuse, abuse, mischief, or repairs by others. Otis will not be required
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to make renewals or repairs necessitated by fluctuations in the building AC power systems, adverse hoistway
or machine room conditions (including temperature variations below 60 degrees and above 90 degrees
Fahrenheit), or excessive humidity.
UPGRADES
The options and features associated with the service for your unit are priced based upon options and
features selected by you and available on your contract start date. Additional features and options
released after your contract start date may not be available to you or may be made available to you only
at additional cost. These features are designed to operate in the current technological environment.
OTIS SERVICE EQUIPMENT, SOFTWARE, AND ANALYTICS
Any counters, meters, tools, machinery, remote monitoring devices, or communication devices which we
may use or install under this Contract remain our property, solely for the use of Otis employees. Such service
equipment is not considered a part of the Units. You grant us the right to store or install such service
equipment in your building and to electrically connect it to the Units. You will restrict access to the service
equipment to authorized Otis personnel. You agree to keep the software resident in the service equipment
in confidence as a trade secret for Otis. You will not permit others to use, access, examine, copy, disclose
or disassemble the service equipment or the software resident in the service equipment for any purpose
whatsoever. If the Contract or service is terminated for any reason, we will be given access to your premises
to remove the service equipment, including the resident software, at our expense.
Software owned by Otis may be embedded in parts or otherwise provided by Otis as part of this Contract.
Otis grants to you the non-exclusive right to use this software only for operation of the units for which the part
was provided. You may not otherwise copy, display, adapt, modify, distribute, reverse assemble, reverse
compile, disassemble, decompile, or otherwise translate the software. You will not transfer possession of the
software except as part of a transfer of ownership of the Units and the assumption of the rights and
obligations under this Contract by the transferee.
Otis may at its sole and absolute discretion employ remote diagnostics and predictive analytics to provide
customized service and improve efficiency and increase your satisfaction ("Otis Service Software" or
"Service Software"). The Otis Service Software is an Otis trade secret deployed pursuant to your service
contract to enhance our efficiency and your experience with Otis service. The data generated by these
Otis service diagnostic and predictive analytical tools shall be and remain the property of Otis. You agree
to keep the Service Software in confidence and proprietary to Otis. You will not permit others to use, access,
examine, copy, disclose, reverse engineer, decompile or disassemble the Service Software for any reason.
Upon termination of this Contract, regardless of the reason, Otis may disable either remotely and/or via
onsite visit (which you hereby permit) such Service Software. You retain your rights to any software not
provided by Otis contained in the Units and agree to allow Otis to make one backup or archival copy of
such software.
QUALITY AUDITS
Otis may periodically conduct audits not only to assess the functionality of your equipment, but also to assess
more broadly Otis product and service offerings, to understand usage, performance, or to simply evaluate
the products and determine next generation. Otis shall own this information. This audit activity may be done
on -site by Otis personnel or remotely through Otis Service equipment installed on your unit depending upon
the audit purpose.
MAINLINE DISCONNECTS
You agree to engage a qualified electrician on an annual basis to service the elevator mainline disconnects
located in the elevator equipment room.
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ACCESS
You agree to provide us with a safe workplace as well as unrestricted ready and safe access to all areas of
the building in which any part of the Units are located and to keep all machine rooms and pit areas free
from water, stored materials, debris, and other potentially hazardous conditions.
ENVIRONMENTAL PROTECTION
Otis has practices in place to reduce generation of waste materials, to minimize risks to the environment,
customers, the general public and Otis employees, and to comply with federal and state environmental
laws and regulations. Material Safety Data Sheet (MSDS) Manuals are available for review at your request.
You assume responsibility for and agree to remove and remediate any waste or hazardous materials
including but not limited to hydraulic oil spills, asbestos, or other hazardous materials in accordance with
applicable laws and regulations.
MALFUNCTIONING UNITS OR DANGEROUS CONDITIONS
if any Unit is malfunctioning or is in a dangerous condition, you agree to immediately notify us using the 24-
hour OTISLINEM service. Until the problem is corrected and the malfunction or dangerous condition is
eliminated, you agree to remove the Unit from service and take all necessary precautions to prevent access
or use.
INSTRUCTIONS / WARNINGS
You agree to properly post, maintain, and preserve any and all instructions or warnings to passengers in
connection with the use of any Units.
LOCK OUT / TAG OUT ("LOTO")
In furtherance of OSHA's directive contained in 29 C.F.R. § 1910.147(f)(2)(i), which requires that a service
provider (an "outside employer") and its customer (an "on -site employer") must inform each other of their
respective lock out/tag out ("LOTO") procedures whenever outside servicing personnel are to be engaged
in control of hazardous energy activities on the customer's site, Otis incorporates by reference its
mechanical LOTO procedures and its electrical LOTO procedures. These procedures can be obtained at
wvvw.otis.com by clicking on "Tools & Resources" on the home page, selecting "Lockout Tagout Policy"
under the "Safety Information" column and downloading the "Lockout Tagout Policy Otis 6.0" and
"Mechanical Energy Policy Otis 7.0," or the then most current version, both of which are in .pdf format. You
agree that you will disseminate these procedures throughout your organization to the appropriate personnel
who may interact with Otis personnel while Otis personnel are working on site at your facility and will ensure
that such personnel comply with these LOTO procedures while Otis personnel are working on site.
WIRING DIAGRAMS
You agree to provide us with current wiring diagrams reflecting all previously made changes for Units
covered by this Contract to facilitate proper maintenance of the equipment as set forth in this Contract.
Otis shall maintain the wiring diagrams so that they properly reflect any changes made by Otis to the
equipment. These diagrams will remain your property.
SERVICE TOOLS
You are responsible to secure our right to use any special service tools required to maintain your non- Otis
equipment. These tools must be provided prior to us beginning maintenance on such equipment.
RESPONSIBILITY FOR THE UNITS
It is agreed that Otis does not assume possession or control of the Units, that such Units remain yours solely
as owner and operator, lessee, or agent of the owner or lessee, and that you are solely responsible for all
requirements imposed by any federal, state, or local law, Code, ordinance or regulation.
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APPLICABLE CODE AND VIOLATIONS
Notwithstanding any other provision to the contrary (including without limitation provisions regarding order
of precedence) whether in this document or any other contract document, Otis' work shall be performed
in accordance with the applicable law, code, or regulation in effect on the date that Otis submitted to
you it's initial proposal and not any subsequently changed, amended, altered, or implemented law, code,
or regulation.
You assume responsibility for the cost of correcting all Elevator Code violations existing as of the
Commencement Date, as well as throughout the duration of the Contract. If such Elevator Code violations
or other outstanding safety violations are not corrected in accordance with this Contract, Otis may, in
addition to any other remedies resulting from material breach of your obligations hereunder, with respect
to the equipment not meeting Elevator Code requirements, cancel and remove such equipment from this
Contract without penalty to Otis by providing thirty (30) days written notice.
THIRD PARTY INTERFACE
Should you require us to interface with a third party, Otis will add an appropriate fee to cover the additional
cost associated with this service.
ELECTRICAL AND LIGHTING REQUIREMENTS
You agree to provide a grounded, 3-prong electrical system and proper lighting in the machine rooms and
pits.
ACCIDENT
You will provide Otis with written notice within twenty-four (24) hours after occurrence of any accident or
incident in or about the elevator (s) and/or escalator(s) that leads to any injury or is alleged to cause any
injury. You will provide such written notice to us, and if required by law, to any local authorities. You further
agree to preserve any parts that are replaced after such an incident.
ENTRAPMENT
In the event of an entrapment, you will call Otis and wait for a trained and licensed elevator mechanic to
arrive, except for a medical emergency situation where it may be appropriate to summon a professional
first responder such as police or firemen. You agree that your agents, contractors, employees or
representatives shall not attempt to extricate any passengers from an elevator that becomes stalled within
the hoistway. Any entrapment responded to by Otis shall be treated as a chargeable service request unless
otherwise deemed covered under this Contract by Otis.
ALTERATIONS
You will not allow others to make alterations, additions, adjustments, or repairs to the units.
TELEPHONE
Otis shall not be liable for any claim, injury, delay, death or loss or property, or damage resulting from
telephone equipment failure, false alarms, interruption of telephone service, or "no voice calls", i.e. calls from
inside the equipment to OTISLINE"" where there is no verbal response to the OTISLINETm operator. It is your
responsibility to maintain the telephone equipment and have a representative available to receive and
respond to OTISLINErm calls.
PRIVACY
The products and/or services being provided may result in the collection of Personal Information. The Parties
will comply with applicable Data Privacy Laws as they pertain to personal information processed in
connection with activity under this Contract. "Personal Information" shall mean information and data
exchanged under this Contract related to an identifiable natural person. "Processing" of Personal
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Information shall mean the operation or set of operations whether automated or not, performed on Personal
Information such as collecting, recording, organizing, structuring, storing, adapting, altering, retrieving,
consulting, using, disclosing, sharing or erasing. "Controller" shall mean the party that determines the
purposes and means of processing Personal Information. With respect to any Personal Information provided
by you to Otis, you shall be the Controller and you warrant that you have the legal right to share such
Personal Information with Otis and you shall be responsible for all obligations relating to that data, including
without limitation providing notice or obtaining consent as may be required by law. Once you have lawfully
provided Personal Information to Otis, you and Otis shall become co -Controllers. Otis may share such
Personal Information internally, across borders and with service providers in accordance with applicable
Data Privacy Laws. Otis may transfer information subject to corporate rules of its parent company. Otis may
store Personal Information provided by you on servers located and accessible globally by Otis or its parent
and their services providers. The parties agree to cooperate and to take reasonable commercial and legal
steps to protect Personal Information against undue disclosure. In this regard each party shall notify the
other in the event of a data breach, which shall include the actual or unauthorized access to or possession
of, or the loss or destruction of, Personal Information, whether intentional or accidental. The party whose
system was compromised in the data breach incident shall be responsible for any notifications and
associated costs. Should either party receive in any form, (i) a complaint or allegation indicating a violation
of applicable data privacy law, (ii) a request seeking access to correct or delete Personal Information or (iii)
an inquiry or complaint related to the processing of personal information, said party shall take reasonable
commercial steps to immediately notify the other party.
PURCHASE ORDERS
Any purchase order issued by you in connection with services to be provided by Otis shall be deemed to
be issued for your administrative or billing identification purposes only, and shall not be binding upon Otis
under any circumstance. The parties agree that the terms and conditions contained herein will exclusively
govern the services to be provided.
MATERIAL BREACH BY CUSTOMER
Failure to pay any sum due by you within sixty (60) days will be considered a material breach under this
Contract. You agree to pay a late charge from the date such sums become due of one and one-half
percent (1.5%) per month (18% per annum), or the highest legally permitted rate, whichever is less, on any
balance past due for more than thirty (30) days, together with all costs (including, but not limited to, legal
fees) incurred by us to collect any overdue amounts. In addition, the following events shall constitute a
material breach of your obligations under this Contract: (1) failure to notify Otis of a dangerous condition
or malfunction, or for a Unit that has a dangerous condition or is malfunctioning, to take the unit out of
service; (2) failure to provide unrestricted and safe access to all areas of the building in which any part of
the Units are located; (3) failure to provide a safe workplace or failure to adhere to our safety requirements;
(4) failure to remove hazardous waste; (5) failure to adhere to lock-out/tag-out procedures; (6) failure to
upgrade, improve or modernize the Units if Otis reasonably determines that such Units are unsafe to
employees, inspectors or the riding public without such upgrades, improvements or modernization; and/or
(7) failure to correct Elevator Code violations. In the event of a material breach by you, Otis shall be entitled
to immediately suspend the affected Units or terminate service without prejudice to Otis, at its sole discretion.
TERMINATION FOR CUSTOMER'S BREACH
If this Contract is terminated for your material breach or for any reason other than our own default, you
agree to immediately pay as liquidated damages, fifty percent (50%) of the remaining amount due under
the current term of this Contract. The parties agree that quantifying Otis' losses arising from your material
breach or premature termination would be difficult and uncertain, and further agree that the agreed upon
formula is not a penalty, but rather a reasonable measure of Otis' damages which are based on Otis'
experience in the elevator service industry and the losses that may result from such premature termination
or material breach of this Contract.
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TERMINATION
Either party may terminate this Contract at any time by providing 60 days written notice
TERMINATION FOR BREACH BY US
You may by written notice to Otis, terminate the Contract if Otis materially fails to perform any of our
substantive obligations .under the Contract, and does not cure such failure within ninety (90) days after
receipt of such written notice from you specifying in detail such failure. In the event of a material uncured
breach of our obligations hereunder, your remedy will be limited to the amount of payments actually made
in accordance with this Contract during the twelve (12) months prior to such breach.
TRANSFER OF INTEREST IN PROPERTY
In the event that you sell the property or your interest in the property is terminated prior to the expiration of
the Contract, you agree to undertake best efforts to assign the Contract to the new owner or successor and
to cause the new owner to assume your obligations under this Contract. If the new owner or successor fails
to assume your obligations under the Contract, then you agree immediately to pay to Otis fifty percent
(50%) of the remaining amount due under the unexpired term of the Contract as liquidated damages. The
parties agree that quantifying Otis' losses arising from the failure of the new owner or successor to assume
this Contract would be difficult and uncertain, and further agree that the agreed upon formula is not a
penalty, but rather a reasonable measure of Otis' damages which are based on Otis' experience in the
elevator service industry and the losses that may result from such failure to assume upon a transfer.
FORCE MAJEURE
Otis shall not be liable for any loss, damage or delay due to any cause beyond our reasonable control
including, but not limited to, acts of government, strikes, lockouts, other labor disputes, fire, explosion, theft,
floods, water damage, weather damage, extreme weather, traffic conditions, epidemic, pandemic,
quarantine (including Covid-19), sabotage, national emergency, act of terrorism, earthquake, riot, civil
commotion, war or insurrection, vandalism, misuse, abuse, mischief, or acts of God or nature.
LIMITATION ON DAMAGES
Other than as specifically set forth above, under no circumstances (including third party claims) will either
party be liable for any indirect, special, liquidated, or consequential damages of any kind, including, but
not limited to, fines or penalties, loss of profits, loss of rents, loss of good will, loss of business opportunity,
additional financial costs, or loss of use of any equipment or property, whether in contract, tort, warranty or
otherwise.
INDEMNITY
Otis shall indemnify you for damages related to accidents and injuries to persons or property only when
adjudged to have been caused by Otis' sole negligence or willful misconduct. In all other instances, you
shall defend, indemnify, and hold Otis harmless against all, damages, losses, costs, and expenses (including
reasonable legal fees) in connection with any claims, demands, suits or proceedings made or brought
against Otis arising out of or connected with the use, repair, maintenance, operation or condition of the
Units or your obligations under, or material breach of, this Contract.
INSURANCE
Otis agrees to maintain the following insurance throughout the term of the Contract: General Liability
coverage in the amount of $1,000,000 per occurrence and $2,000,000 in the aggregate; Automobile
Liability in the amount of $1,000,000 Combined Single Limit for Bodily Injury and Property Damage; Worker's
Compensation in accordance with applicable statutory requirements, and Employer's Liability for: (i)
bodily injury by each accident, up to the $1,000,000 applicable annual limit per insured, (ii) bodily injury by
disease, each employee up to the $1,000,000 applicable annual limit per insured. We shall maintain
worker's compensation and employers' liability insurance covering our liability for injury or death sustained
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by our employees, and comprehensive general liability insurance. You shall insure that all risk insurance
upon the full value of the Work and material delivered to the job site is maintained at no cost to us. Otis
does not participate in SDI programs.
Customer must provide Otis at least 30 days advance notice of certificate holder changes required. Your
failure to provide this required notice does not release your obligations to make timely payment under this
agreement in accordance with the payment terms.
CERTIFICATES
If either party so requires, in writing, the other party shall furnish a copy of the certificates of insurance
evidencing the above insurance coverages.
THIRD PARTIES
We are not obligated to comply or contract with any 3rd party vendors or execute vendor forms not in
alignment with our contract terms. While we are not obligated, to the extent that we agree to work with
the third party vendor, it will be for administrative purposes only and any costs associated will be passed
through to customer. In the event of a conflict between the terms and conditions of this agreement and
vendor agreement, this document will prevail.
CONFIDENTIALITY
Customer shall not disclose to any third party the terms of this Contract except as required by law or as
necessary for the purposes of obtaining professional legal or accounting advice. This confidentiality
provision is an integral part of this Contract and is a material condition upon which this Contract is based
and shall survive the termination of this Contract.
ENTIRE CONTRACT
This Contract constitutes the entire and exclusive agreement between us for the services to be provided
and your authorization to perform as outlined herein. Except as otherwise expressly stated herein, all prior or
contemporaneous oral or written representations or agreements regarding the subject matter herein not
incorporated herein will be superseded.
This Contract will be deemed voidable, even after execution, if it is determined at Otis' discretion that
performance of the services and/or engagement in the contractual relationship/transaction will violate, or
is otherwise restricted by, any and all laws, regulations and/or orders, including sanctions laws, that are
applicable to Otis or otherwise apply to Otis' operations.
OUT OF SCOPE SERVICES
To the extent that work order or purchase order numbers are required for work not included in the scope
of this agreement, you agree to provide the required information at the time of service request. Failure to
provide all required valid information at the time of the service request does not release your obligations
to make payment for completed out of scope services in accordance with the payment terms of this
agreement.
AMENDMENT
This Contract may not be changed, modified, revised or amended unless in writing signed by you and an
authorized representative of Otis. Further, any manual changes to this form will not be effective as to Otis
unless initialed by an authorized representative of Otis.
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AGENDA ITEM #3.D.
SUBMITTED BY: MELISSA DAVIDSON
TITLE: Sr Assoc, Client Onboarding
E-MAIL: MELISSA.DAVIDSON@otis.com
Accepted in Duplicate
Kodiak
Date:
Signed:
Date: 60/1i Z
Signed:
Print Name: Print Name: SIERRA STONICH
Title:
Email:
Company Name: Kodiak Fisheries Research
Center.
a Principal, Owner or Authorized Representative of
Principal or Owner
❑ Agent
Title: Manager & GM, Alaska
Email: SIERRA.STONICH@otis.com
Signature
Service
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BILL TO INFORMATION
ACCOUNTS PAYABLE CONTACT
Company Name: Kodiak Fisheries Research
Center
Name:
Address:
Phone Number:
Address 2:
Email:
City:
Email Address for Invoice Delivery:
State:
Email Address for Statement Delivery
(if different from above):
Zip Code:
TAX STATUS
Are you tax exempt? (_Check one)
If yes, please provide tax exempt certificate
Yes No
PURCHASE ORDER & WORK ORDER REQUIREMENTS
Contractual Services Yes No
Do you require a Purchase Order to be listed on your invoices for this service
agreement (Check one)?
If yes to above, please provide contact for PO renewal:
Name:
Phone:
Email Address:
Purchase Order Expiration Date:
Purchase Order Number:
Monthly Quarterly Annual
Purchase Order Renewal
Frequency (Check one)
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NON -CONTRACTUAL SERVICES Yes No
Do you require a Purchase Order to be listed on your invoices for work NOT
included in this service agreement (Check one)? (If a purchase order is
required for service calls to be billed, service calls will not be dispatched
without a PO except in the event of an entrapment)
PO# Value
If providing a blanket PO, please provide PO# and value:
WORK ORDER MANAGEMENT
Yes No
Do you require enrollment in a workorder management system?
Please provide system name:
CERTIFICATE OF INSURANCE
Yes No
Do you require a certificate of insurance?
If yes to above, please provide the below for your certificate of insurance
Certificate Holder Name:
Certificate Holder Address:
Email address for delivery of
certificate:
(If not provided, the certificate
will be sent out via standard
mail to the certificate holder
address)
Yes No
Do you require upload of your certificate to a third party site?
If yes, please provide site name:
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CORPORATE ACKNOWLEDGEMENT
(To be filled in when Documents are executed in behalf of a Corporation)
UNITED STATES OF AMERICA )
)ss
STATE OFALASKA )
The fore oing instrument was acknowledged before me this ) `+ ' day of
U,rvi , 2024
by 1 Err0. S-"-" e� 6irme� r��1a vl0u{ Q� ► �Q6 ka_
(Name of Officer) (Title of Officer)
C.0n. rul eye/
of 0�-S 6'p'j ,-der COgo Corporation, on behalf of said Corporation.
(Name of Corporation) %-
Notary Public
My Commission Expires: u
STATE OF ALASKA
NOTARY PUBUC jk
AW a
11Ay Cmrft on EVIOn Sep 11. 2024
Kodiak Island Borough Elevator Maintenance Services
Page 4 of 5 Attachment 2: Bid Schedule
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NON -COLLUSION AFFIDAVIT
(To be executed prior to award)
UNITED STATES OF AMERICA )
)ss
STATE OF ALASKA )
I, 2s1C'fYa. S 1oh % C �k of 04:r, Cl Eva4o" Cc M OL4 V
(Printed Name) (Firm Name)
being duly sworn, do depose and state: I, or the firm, association or corporation of which I am a
member, a bidder, on the contract to be awarded, by the Kodiak Island Borough, for the:
Kodiak Island Borough Electrical Services
located at Kodiak, in the State of Alaska, have not, either directly or indirectly, entered into any
agreement, participated in any collusion, or otherwise taken any action in restraint of free
competitive bidding a connection with such contract.
CbKtrAbtor
Subscribed and sworn to this 1 `t
STATE OF ALASKA
NOTARY PUBUC
Aleft MIMI 0
My Cortmledon EVIO a Sep 11, 2024
Kodiak Island Borough
Page 5 of 5
ay of ��'� 20 0:�(
&4u zok"—
Notary Public
My Commission Expires: 1
Elevator Maintenance Services
Attachment 2: Bid Schedule
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Attachment 4
Page 13 of 15
CORPORATE ACKNOWLEDGMENT
STATE OF ALASKA )
) ss.
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this r day of VUyu , 2024, before me,
the undersigned, a Notary Public in and for the State of IkIASKA , duly commissioned
and sworn, personally appeared Si0ri(A S, vMiCk (Name) and
(Name) known to be the-resid"'tM,and- Sespetaey-4
QIJS N 0✓ , the corporation which exe�ii NVO ab"o`ve9 rid foregoing
instrument, and who on oath stated they were duly authorized to execute said instrument and
acknowledged that they signed the same freely and voluntarily on behalf of said corporation for
the purposes therein mentioned.
WITNESS my hand and official seal the day and year in this certificate above written.
STATE OF ALASKA of -�& - L� V
(Se 1) NOTARY PUBLIC NOTARY PUBLIC FOR ALASKA ,
Alefhfl Ru IMI61 My Commission Expires: —, h, /2 4(
W Cor v"on Expires Sep 11. 2024
-4-c't aAUX0-cud
Kodiak Island Borough Elevator Maintenance Services
Page 13 of 15 Contract FY2024-XX
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AGENDA ITEM #3.D.
OTIS ELEVATOR COMPANY
CONTRACTOR QUALIFICATION STATEMENT
2024
Headquarter Address:
Otis Americas:
Annual Report Audit By:
Annual Sales:
One Carrier Place
Farmington, Connecticut 06032
11760 US Hwy 1; Suite W600
Palm Beach Gardens, FL 33408
Price Waterhouse Coopers LLP
Hartford, CT
$14.2 Billion (2023)
$13.7 Billion (2022)
$14.3 Billion (2021)
$12.8 Billion (2020)
Authorized Representatives to Regional General Managers
Sign Contrac_ is/Bids: , General Managers
- Contract Specialists
Contract Manager
Business Experience: Design, manufacture, sale and service of elevators, escalators and
moving walkways. Sale of spare parts.
Bank Reference: JP Morgan Chase Bank
Tampa, FL
Miguel Salazar
813-432-8965
Business Organization: Corporation. Incorporated in the State of New Jersey.
"C" Corporation
Business Started: 1853
Business Incorporated: 1898
Surety Broker: Aon Risk Services
1 Liberty Plaza, 165 Broadway
New York, NY 10006
Contact: otissurety(&otis.com
Jennifer Jakaitis
212-283-6477
As of 2/16/2024 3:33 PM Page I 1
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AGENDA ITEM #3.D.
OTIS ELEVATOR COMPANY
CONTRACTOR QUALIFICATION STATEMENT
2024
Bonding Company: Travelers Casualty and Surety Company of America
161 N. Clark, Suite 1000
Chicago, IL 60601
Contact: Trey Kolenda
TKolenda@Travelers.com
Bonding Limits:
Otis Corporate Directors:
Names & Address
$500MM Aggregate
$100MM per project
Judy Marks
Anurag Maheshwari
Nora LaFreniere
One Carrier Place
Farmington, CT 06032
Otis Corporate Officers: Trace Embree — President, Otis Americas
11760 US Hwy. 1, Suite W600 Palm Beach Gardens, FL 33408
Maria Imelda Suit — Treasurer
One Carrier Place, Farmington, CT 06032
Chris Few — VP Finance, Otis Americas
11760 US Hwy. 1, Suite W600 Palm Beach Gardens, FL 33408
Credit/Trade: [Depends on Vendor]
Dun & Bradstreet No.: 00-1534676 / UEID is G7RPMR7GT9P9
Otis Federal ID No: 13-5583389
Fiscal Year End: December 31
Geographical Area: 4 regional offices throughout U.S. and Canada
Insurance Companies &
Policy Numbers: General Liability:
• National Union Fire Insurance Co. of Pittsburgh PA:
Policy #: 9941236
GL Effective Date: December 1, 2023
GL Expiration Date: December 1, 2024
As of 2/16/2024 3:33 PM Page 12
Page 77 of 109
Rescinding The Approval Of Contract No. FY2024-38 With Otis Elevator Corn...
AGENDA ITEM #3.D.
OTIS ELEVATOR COMPANY
CONTRACTOR QUALIFICATION STATEMENT
2024
MBE/WBE/SBE:
Significant Local Projects:
Current:
Completed:
Formal Safety Program:
Formal Quality Assurance
Program:
Safety Inspections:
Safety Meetings:
Safety Committee
Field Associates:
Safety Topic:
New Hires:
Automobile Liability:
• AUI Insurance Co: (MA only):
Policy # 7620239
• National Union Fire Insurance Co. of Pittsburgh PA: (AOS):
Policy # 7620238
Auto Effective Date: December 1, 2023
Auto Expiration Date: December 1, 2024
Workers' Comp. & Employers' Liability:
• AUI Insurance Company (CA):
Policy # WC 049154391
• AIU Insurance Company (WI):
Policy # WC 049154392
• AUI Insurance Company (AOS):
Policy # WC 049154390
WC Effective Date: December 1, 2023
WC Expiration Date: December 1, 2024
We are not a minority, women -owned or small business
enterprise.
Complete locally
Complete locally
Yes
Yes
Monthly
Yes
Monthly
Monthly
Weekly
As Hired (New Hire Training Program)
Failed to Complete a Contract: Otis Elevator Company has been in business for over 170 years.
Over the course of 170 years there may have been some contracts
that Otis Elevator Company did not complete for various reasons.
As of 2/16/2024 3:33 PM Page 13
Page 78 of 109
Rescinding The Approval Of Contract No. FY2024-38 With Otis Elevator Corn...
AGENDA ITEM O.D.
OTIS ELEVATOR COMPANY
CONTRACTOR QUALIFICATION STATEMENT
2024
Otis Elevator Company does not maintain records in a format that
would make this information retrievable in an economically
feasible manner.
No such instance, if any, will have a material adverse impact on
the company's operation nor will it impair the company's ability
to perform if awarded a contract.
Bankruptcy/Reorganization: No
Union Affiliation: International Union of Elevator Constructors
Otis Elevator Company does not participate in any other unions or
locals.
Claims, Litigation and Default:
Litigation & Claims: Otis Elevator Company is currently engaged in various legal
proceedings, some of which are being handled by our insurance
carriers. Otis Elevator Company is also on notice of various
claims against it. None of this litigation or any of these claims
will have a material adverse impact on the company's operations
nor will it impair the company's ability to perform if awarded a
contract.
Default: Otis Elevator Company has been in business for over 170 years.
Over the course of 170 years, there may have been some defaults,
but Otis Elevator Company does not maintain records in a format
that would make this information retrievable in an economically
feasible manner. No such default, if any, will have a material
adverse impact on the company's operations nor will it impair the
company's ability to perform if awarded a contract.
Environmental, Health & Safety Pre-Oualification Information
CODES:
The Otis Workers' Compensation Job Classification Code is #5160 (Elevator Installation and Repair).
The Otis SIC (Standard Industrial Classification) is 1796.
As of 2/16/2024 3:33 PM Page 14
Page 79 of 109
Rescinding The Approval Of Contract No. FY2024-38 With Otis Elevator Corn...
AGENDA ITEM #3.D.
OTIS ELEVATOR COMPANY
CONTRACTOR QUALIFICATION STATEMENT
2024
Call your safety manager for assistance.
Accident reports (OSHA) and report summaries are sent according to the following:
Monthly Quarterly Annually Never
Field Superintendent X X X
Vice President of Business Unit X X X
President of Firm X X X
The field supervisor(s) receives safety training according to the following (This includes when they
conduct safety readings with their field workforce.):
Weekly X Monthly X Quarterly X Other
Project safety inspections are conducted as follows:
• The supervisor on a weekly basis completes the job site safety inspections.
• Superintendents conduct a construction Per -work safety inspection (New Equipment Pre -work
Safety Checklist).
• Superintendents conduct a contractors safety inspection prior to starting work (Contractors Per -Start
Checklist)
• The job site foreman -in -charge conducts job site inspections on a daily basis to review current
conditions and conditions that may have changes from the previous days work activities.
• The inspections are conducted by all levels of management.
Accident records and accident summaries
Accident records and accident summaries are kept and reported as follows:
ITEM Yes No Monthly Annually
Accidents Totaled for the Entire Company X
Accidents Totaled by Project X
Costs Totaled for Entire Company X X X X
Costs Totaled by Project
Subtotaled by Superintendent X X X
Subtotaled by First Line Supervisor X X X
As of 2/16/2024 3:33 PM Page 16
Page 80 of 109
Rescinding The Approval Of Contract No. FY2024-38 With Otis Elevator Corn...
AGENDA ITEM #3.D.
OTIS ELEVATOR COMPANY
CONTRACTOR QUALIFICATION STATEMENT
2024
OTIS safety oreanization
OTIS safety organization is as follows:
Sr. EH&S Manager, Environment Health & Safety and Quality, OTIS Elevator Co., North &
South American Area
Safety responsibilities at a specific job site are delegated to:
Construction Superintendent or Service Supervisor assigned to the project.
Substance Abuse Program
OTIS has a controlled substance/drug abuse and post incident testing program
You can request a copy from your Human Resources Manager.
Written Safety Program
OTIS has a written safety program.
You can send one copy of the OTIS field employee safety handbook with this request but place a
note on it that this information is copyright property of OTIS Elevator Company and not to be
given out.
OTIS' Safety Program contains the following:
YES NO
1. Policy Statements:
a. Company Statements
X
b. Substance Abuse
X
c. Rule/Program Enforcement
X
2. Safety/Health Procedures:
a. Fall Protection
X
b. Scaffolding/Work Platform
X
c. Perimeter guarding/floor, wall and roof openings
X
d. Mobile Equipment Safety
X
e. Housekeeping
X
f. Fire Protection
X
g. Injury Treatment Procedure, First -aid Facilities
X
h. Emergency procedures, Rescue, Evacuation
X
i. Hazard Recognition/MSDS
X
j. Toxic Substances
X
k. Trenching / Excavation
X
1. Signs, Barricades, Flagging
X
As of 2/16/2024 3:33 PM Page 17
Page 81 of 109
Rescinding The Approval Of Contract No. FY2024-38 With Otis Elevator Corn...
AGENDA ITEM #3.D.
OTIS ELEVATOR COMPANY
CONTRACTOR QUALIFICATION STATEMENT
2024
in. Electrical Safety X
n. Rigging (yes) / Crane (no) Safety X X
o. Confined Space Entry X
p. Welding/Burning Permit Procedures X
q. Asbestos Abatement _ X
r. Asbestos Awareness X
s. Lockout/Tagout X
Personal Protective Equipment Requirements:
a. Head Protection
X
b. Eye Protection
X
c. Hearing Protection
X
d. Foot Protection
X
e. Respiratory Protection
X
f. Chemical Protective Clothing
X
4. Approved Mine Safety & Health Administration (MSHA) Training Program for subcontractors
(vendors): (See EH&S website for details) _X_
• All current employees are trained in the above safety program.
• OTIS has a formal orientation program for all new hires on the above safety program.
OTIS has a written safety program for newly hires or promoted supervisors, which contains instruction
on the following:
YES NO
1.
All elements of your written safety program
X
2.
Methods of safe work process
X
3.
Toolbox safety Topics
X
4.
Emergency procedures
X
5.
Personal Protective Equipment
X
6.
Accident investigation
X
7.
Fire prevention/protection
X
8.
Fall Protection policy
X
9.
Job Hazard Analysis
X
10.
Hazardous Communication
X
• Toolbox safety topics are held on a weekly basis.
As of 2/16/2024 3:33 PM Page 18
Page 82 of 109
Rescinding The Approval Of Contract No. FY2024-38 With Otis Elevator Corn...
AGENDA ITEM O.D.
s
L =_
I *k
CITY. -OF KODIAK
No: 1003
THIS IS TO CERTIFY THAT OTIS ELEVATOR COMPANY
located at 619 E SHIP CREEK - ANCHORAGE. AK 99501166
is authorized and empowered by the City of Kodiak to collect sales tax
imposed by Chapter 3.08 of the Kodiak City Code.
This certificate is non -assignable, non -transferable and shall be
surrendered upon ceasing to do business at the location named herein.
Any change in ownership, form of ownership, or any other change
requires new registration.
03/09/1982
DATE OF REGISTRATION Mike Tvenge
CITY MANAGER
THIS CERTIFICATE MUST BE DISPLAYED PROMINENTLY AT THE PLACE OF BUSINESS
1 _.. - ..I 1,1 ..
Page 83 of 109
Rescinding The Approval Of Contract No. FY2024-38 With Otis Elevator Corn...
AGENDA ITEM #3.D.
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Page 84 of 109
Rescinding The Approval Of Contract No. FY2024-38 With Otis Elevator Com...
AGENDA ITEM #3.D.
OTIS ELEVATOR COMPANY
11760 U.S. Hwy 1 Suite W600
Palm Beach Gardens, FL 33408
Page 85 of 109
Rescinding The Approval Of Contract No. FY2024-38 With Otis Elevator Corn...
AGENDA ITEM #3.D.
License#:Cy State of Alaska
Effective: 11 /16/20216/2022
Expires: 12/31/2024 Department of Commerce, Community, and Economic Development
Division of Corporations, Business, and Professional Licensing
Regulation of Construction Contractors and Home Inspectors
a
Licensee: OTIS ELEVATOR COMPANY
License Type: General Contractor Without Residential Contractor Endorsement
Status: Active
Doing Business As: OTIS ELEVATOR COMPANY
Commissioner: Julie Sande
Relationships Designations
No relationships found. No designations found.
Wallet Card
State of Alaska
Department of Commerce, Community, and Economic Development
Division of Corporations, Business, and Professional Licensing
Regulation of Construction Contractors and Home Inspectors
OTIS ELEVATOR COMPANY
DBA: OTIS ELEVATOR COMPANY
As
General Contractor Without Residential Contractor Endorsement
OTIS ELEVATOR COMPANY`
120 S CENTRAL AVE STE 350
License Effective Expires
CLAYTON, MO 63105 CONE409 11/11en022 12/3112024
Page 86 of 109
Rescinding The Approval Of Contract No. FY2024-38 With Otis Elevator Corn...
AGENDA ITEM #3.D.
W-9 Request for Taxpayer
Form Give form to the
(Rev. March2024) Identification Number and Certification requester. Do not
Department Revenue Service of the Treasury Go to www.irs.gov/FormlrV9 for instructions and the latest information. send to the IRS.
Internal Rev
Before you begin. For guidance related to the purpose of Form W-9, see Purpose of Form, below.
1 Name of wt.tyAndivtdual. An entry is required. (For a sole proprietor or disregarded entity, enter the ovmer's name on line 1, and enter the business/disregarded
entity's name on fine 2.)
(Otis Elevator Company
_
2 Business name/disregarded entity name, if different from above.
I
3a Check the appropriate box for federal tax classification of the entityrindwidual whose name is entered on line 1. Check
I
4 Exemptions (codes apply only to
a
m
only one of the following seven boxes.
certain entities, not indivjduals:
C.
o
❑ Individual/sole proprietor Q C corporation ❑ S corporation partnership Trustlestate
see instructions on page 3).
❑ LLC. Enter the tax classification (C = C corporation. S = S corporation. P = Pannership) . . . .
Exempt payee code (if any)
a
Note: Check the "LLC" box above and. in the miry space. enter the appropriate code (C. S. or P) for the tax
u
classification of the LLC, unfess it is a disregarded entity. A disregarded entity should instead cneck the appropriate
box for tax
Exemption from Foreign Account Tax
e
the classification of its owner. -
I ❑ Other (see instructions)
Compliance Act (FATCA) reporting
code (it any)
`
a=
( 36 If on line 3a you checked "Partnership' or'TrusVestate." or checked -LLC" and entered "P" as its tax classification,
u
y
and you are providing this to- to 8
y pr g partnership, fi estate in winch you have an ownership interest, check
(Apprie5 to accounts maintained
outside the United States.)
v
this box if you have any foreign partners, owners, o beneficiaries. See instructions .
r be ❑
5 5 Address inumb er. street, end apt. or suite no.). See instructions.
Requester's name and address (optional)
619 E Ship Creek #301
6 City, state. and ZIP code
Anchorage, AK 99501
7 List account number(s) here (optiotalt
Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid
social security number
backup withholding. For individuals. this is generally your social security number (SSN). However, for a
I
resident alien, sole proprietor, or disregarded entity. see the instructions for Part I, later. For other
-
j1 1 II
entities, it is your employer identification number (EIN). If you do not have a number, see How to get a
JI
TIN. later.
or
Employer idemtiflcatlon number
Note: If the account is in more than one name, see the instructions for line 1. See also What Name and
Number To Give the Requester for guidelines on whose number to enter.
1 3' 5 5 8 13 13 8 9
Certification
Under penalties of perjury. I certify that:
1. The number shown on this torn is my correct taxpayer identification number (or I am waiting for a number to be issued to me): and
2. 1 am not subject to backup withholding because (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue
Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am
no longer subject to backup withholding: and
3. 1 am a U.S. citizen or other U.S. person (defined below); and
4. The FATCA code(s) entered on this form (if anyl indicating that I am exempt from FATCA reporting is correct.
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding
because you have failed to report all interest and dividends on your tax return. For real estate transactions, Rem 2 does not apply. For mortgage interest paid,
acquisition or abandonment of secured prope cellation of debt, contributions to an individual retirement arrangement (IRA), and, generally, payments
other than interest and dividends, you are requi to sign the certification, but you must provide your correct TIN. See the instructions for Part IL later.
Sign Signature of 3
0
Here U.S. pers� d �k� Bate
General Instructions New line 3b has been added to this form. A flow -through entity is
required to complete this line to indicate that it has direct or indirect
Section references are to the Internal Revenue Code unless otherwise foreign partners, owners, or beneficiaries when 4 provides the Form W-9
noted. to another flow -through entity in which it has an ownership interest. This
Future developments. For the latest information about developments change is intended to provide a flow -through entity with information
related to Form W-9 and its instructions, such as legislation enacted regarding the status of its indirect foreign partners. owners, or
after they were published, go to www.irs.gov/FormW9. beneficiaries. so that it can satisfy any applicable reporting
requirements. For example, a partnership that has any indirect foreign
What's New partners may be required to complete Schedules K-2 and K-3. See the
Partnership Instructions for Schedules K-2 and K-3 (Forth 1065).
Line 3a has been modified to clarify how a disregarded entity completes
this line. An LLC that is a disregarded entity should check the Purpose of Form
appropriate box for the tax classification of its owner. Otherwise. R
should check the "LLC" box and enter its appropriate tax classification. An individual or entity (Form W-9 requester) who is required to file an
information return with the IRS is giving you this form because they
Cat. No 10231x Fomn W-91Rev. 3-2024)
Page 87 of 109
Rescinding The Approval Of Contract No. FY2024-38 With Otis Elevator Corn...
AGENDA ITEM #3.D.
Lib
utuerty.
Mal.
SURETY
BID BOND
KNOW ALL BY THESE PRESENTS, That we, OTIS ELEVATOR COMPANY
Of 619 E. Ship Creek Avenue Suite 301, Anchorage AK 99501
(hereinafter called the Principal), as Principal, and LIBERTY MUTUAL INSURANCE COMPANY
as Surety are a an ¢mly bountunto Ko n AK tqi Horn anc�i
tin
One Thousand and 00/100 Dollars ($ 1,000_00
for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns,
jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, That WHEREAS, the Principal has submitted or is about to submit a proposal
to the Obligee on a contract for
ELEVATOR MAINTENANCE SERVICES
NOW, THEREFORE, If the said Contract be timely awarded to the Principal and the Principal shall, within such time as may be
specified, enter into the Contract in writing, and give bond, if bond is required, with surety acceptable to the Obligee for the faithful
performance of the said Contract, then this obligation shall be void, otherwise to remain in full force and effect
Signed and sealed this 13th day of June
V
Salri.� Witness
Franc*.Ka7rmrl'lercza c Witness
VS 1005305,13
2024
( OTIS ELEVATOR COMPANY 'vT (+5eal)o
Halina Kazmierczak Title
Attomey-In-Fact
LIBERTY UTUA�INSMINCE COMPANY
By
ne otter _ Attomey-in-Fact
Page 88 of 109
Rescinding The Approval Of Contract No. FY2024-38 With Otis Elevator Corn...
AGENDA ITEM #3.D.
Edition: 1(eff. 1 December 2019)
SPECIAL POWER OF ATTORNEY
OTIS WORLDWIDE CORPORATION, a Company organized and existing under the laws
of the State of Delaware, on behalf of itself, its subsidiaries and affiliates, (collectively
referred to as the "Company"), hereby makes, constitutes and appoints AON RISK
SERVICES NORTHEAST, INC., on behalf of certain of its employees as the Company's
true and lawful attomeys-in-fact:
Anne Potter
Cynthia Farrell
Halina Kazmierczak
Barb Pannier
Frances Rodriguez
Jennifer L. Jakaitis
Susan A. Welsh
KeAna Conrad
with full power to execute, seal and deliver on behalf of the Company, surety bonds and
documents ancillary thereto issued in the course of the Company's business, subject to
the provisions of the Insurance Brokerage and Service Agreement effective December 1,
2019, among Aon Risk Services, Inc. of Connecticut, Aon Risk Services, Inc. of New
York, currently known as AON RISK SERVICES NORTHEAST, INC. and OTIS
WORLDWIDE CORPORATION, as amended or supplemented from time to time, and to
bind the Company, thereby as if such writings had been duly executed and
acknowledged by officers of the Company.
IN WITNESS WHEREOF, the Company has caused this Special Power of Attorney to be
signed by its duly authorized representative this 27th day of November, 2019.
OTIS WORLDWIDE CORPORATION
By:-95�4�
_
Name: Christopher Witzky
Title: Vice President, Treasurer
UNITED STATES OFAMERICA) ss: TOWN OF FARMINGTON
STATE OF c _ )
COUNTY OF rd}
On this ;I day of t)gC 2019, before me, a Notary Public in and for said County and State,
ersPonal(y apppareclyr sh r ua�ti who acknowledged himself to be the _ _ .
it OTIS WORLDWIDE CORPORATION, the Company named iri the
foregoing instrument, and that as such, being authorized so to do, executed the foregoing ument in
instrument f r the same for jhe purposes therein contained by signing such_d9ck
capacity as Q�,,.1«i,'FIE44ura
v --- _
MARY FRANC
NotabryRac,stateofC cikut Notary Public -
My commission Expires July 31, 2023
Page 89 of 109
Rescinding The Approval Of Contract No. FY2024-38 With Otis Elevator Corn...
AGENDA ITEM #3.D.
This Power of Attorney Iimfts the acts of those named herein, and they have no authority to
bind the Company except in the manner and to the extent herein stated.
Liberty Liberty Mutual Insurance Company
MutU�. The Ohio Casualty Insurance Company Cenficate No 8210937- 015009
SURETY West American Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized udder the laws of the State of New Hampshire, that
Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized
under the laws of the Stale of Indiana (herein collectively called the "Companies', pursuant to and by authority herein set forth, does hereby name, constitute and appoint Debra A.
Deming, Sandra Diaz, Vilma Gonzalez, Peter HcWy, Pablo Garcia Horcajo Jennifer L. Jakaws, Francesca Kazmierersk, Aklima Noorhassan, Anne Potter_ Fmm—
Rodri— V I c c
all of the dty of New York slate of NY each individually if there be more than one named, its We and laWNl 9-ey4n-W to make,
execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance
of these presents and shall be as binding upon the Companies as if they have been duty signed by the president and attested by the secretary of the Companies in their own proper
persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 6th dayof November , 2023
Liberty Mutual InsuranceCompany
Ja, lNesu JoyxvNtwso Fa tNaugq The Ohio Casualty Insurance Company
�� a om 3rp ew eo ,es�°`weR'��m West American Insurance Company
� � � 1912,�a o
i� °.crud a
t>d d S 'x'oue. da 7 'es•
j � * * hr • F� �M • AN By:
i State of PENNSYLVANIA David M. Carey, Assistant Secretary
r County of MONTGOMERY
On this 6th day of November , 2023 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance
i Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes
therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
i
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above whiten.
¢yp eASrF i
e ,souwe< r Commom,aanbm n, yna�Ia-nomPr sal s v Tarawa 1,Vmnman Public /f
M
Cr MY oomms—iswn ftp ry eap Ma0cb TB.2025 By.
d3 Canm,sswn manMr 1126eW 1_ _ s
'G. ryaV��P G Member. PennryNany Ae yppn p(rypla�la eraaa Paatalla, Ndfafyy Public
4Av
This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual
Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: i
ARTICLEIV- OFFICERS: Section 12 Power of Attorney. C,
Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attomeysin-fad, as may be necessary to ad in behalf of the Corporation to make, execute, seal, arkn wledge and deliver as surety
any and all undertakings, bonds, recognizances and other surety obligations Such attomeysin-fad, subject to the limitations set forth in their respective powers of attorney, shall z have full paver to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the
instruments shall be as binding as if signed by the President and attested to by the Secretary. Any paver or authorityranted to a Corporation. o. When so executed, under
such
9 cry representative or attorney n-fad undo the
provisions of this article may he revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. �
ARTICLE XIII -Execution of Contrails: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president and subject to such limitations as the chairman or the president may prescribe,
shall appoint such attorneys -in -fact as may be necessary to ad in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings,
bonds, recognizances and other surety obligations Such aftameysin-fad subject to the limitations set forth in their respective powers of attorney, shag have full power to bind the
Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if
signed by the president and attested by the secretary.
Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeyw-
fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety
obligations.
Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company, wherever appearing upon a certified copy of any paver of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with
the same face and effect as though manually affixed.
I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurarrce Company, Liberty Mutual Insurance Company, and West American Insurance company do
hereby certify that the original power of attorney of which the foregoing is a full, true and catect copy of the Power of Attorney executed by said Companies. L in f0force and effect and
has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 13th day of June 1024
F o1NSUR4 pboV oNaU d INSU�
J 3 ����`b?C+ko c 3` "° ea 6Rwyn 6P`esw°"4r 4 _ _
^ 0 1919 � f 1991 n
o
c�,�'•°<e.u,¢Faae so'a�, asa° aso Y holm P a� By:
ail * Fri 3pr Fxt+ @�M *"F�a Renee C. Llewellyn, Assistant Secretary
LMS-12e73 LMIC OCIC WAIC Muib Co DM,
Page 90 of 109
Rescinding The Approval Of Contract No. FY2024-38 With Otis Elevator Corn...
AGENDA ITEM #3.D.
Liberty
Mutual:
SURETY
Assets
LIBERTY MUTUAL INSURANCE COMPANY
FINANCIAL STATEMENT— DECEMBER 31, 2023
Cash and Bank Deposits................................$1,850,245,073
00
'Bonds — U. S Government ..........................
_. $3, 859,565, 383 00
"Other Bonds ...... ........ ......... .........................
$21,048,805,773,00
Stocks.........................................................
$19, 937, 271, 802.00
Real Estate ...................................................
..... $122,228,711,00
Agents' Balances or Uncollected Premiums...
$8,208,660,42T00
Accrued Interest and Rents ..............._...........
. $186,906,667 00
Other Admitted Assets..........r......................$15,677,869,683.63
Total Admitted Assets ................. $70,891,553,519.63
Liabilities
Unearned Premiums _ ........_ .__..- $10,298,963,305.00
Reserve for Claims and Claims Expense.. . $28,848,537,243.00
Funds Held Under Reinsurance Treaties .__... $360,714.151.00
Reserve for Dividends to Policyholders ....,
__..I.. $1,310,198.00
Additional Statutory Reserve ...............
$296,126,000 00
Reserve for Commissions, Taxes and
Other Liabilities ....... ...............................
$7,622,413,466 63
Total ..............................................
$47,428,064,363.63
Special Surplus Funds ....................................
$209,508,757 00
Capital Stock ......................................................
$10,000,075.00
Paid in Surplus .............................................
$13.834,867,488,00
Unassigned Surplus., ......................................
$9,409,112,836,00
Surplus to Policyholders ..............................
$23,463,489,156.00
Total Liabilities and Surplus....... $70,891,553,519.63
,.,,a«� m a--eu w mvestment value; Stocks at Association Market Values.
The foregoing financial;
Insurance, information is taken from Liberty Mutual Insurance Company's financial statement filed with the Massachusetts Department of
I, TIM MIKOLAJEWSKI, Assistant Secretary of Liberty Mutual Insurance Company, do hereby certify that the foregoing is a
true, and correct statement of the Assets and Liabilities of said Corporation, as of December 31, 2023, to the best of my
knowledge and belief.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Corporation at Seattle, Washington, this
8th day of March, 2024.
PV INSU,p4
1912
Timothy A. Mikolajewski, Assistant Secretary
,�l 4CNLLg ,aL
Page 91 of 109
Rescinding The Approval Of Contract No. FY2024-38 With Otis Elevator Corn...
AGENDA ITEM #3.D.
•.tl. ORIGIN IO:CYMA (907) 830-485S SHIP DATE: ISJUN24
MELISSA DAVIDSON RCTWGT: 0.50 LB
OTIS ELEVATOR COMPANY CAD: 6572012/ROSR2530
,�. .. 819 E SHIP CREEK AVE STE 301 -
ANCHORAGE, AK 99501 aRILL THIRD PARTY
_ - - UNITED STATES US
_ To BUROUGH FINANCE OFFICE KODIAK ISLAN
BOROUGH ELEVATOR MAINTENANCE SERVIC
r p 710MILL BAY RD
1 ° t0o�l�t KODIAK AK 99615
`/yR
SBO�I4N Ball aeF:
. '-ItCE�VED-. MV
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ih"r1ge`Bsptruinnt
,II MON — 17 JUN PM
oRo" 7768 7597 3839 PRIORITY QUERNIGHT
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Page 92 of 109
Rescinding The Approval Of Contract No. FY2024-38 With Otis Elevator Corn...
AGENDA ITEM O.E.
KODIAK ISLAND BOROUGH
STAFF REPORT
NOVEMBER 14, 2024
ASSEMBLY SPECIAL MEETING
D-1 - (�r
SUBJECT: Declaring A Seat Vacant On The Solid Waste Advisory Board (Ms. Kerry Irons)
ORIGINATOR: Lina Cruz, Deputy Clerk
RECOMMENDATION:
Move to accept, with regret, the resignation of Ms. Kerry Irons on the Solid Waste Advisory
Board effective October 23, 2024, and direct the Borough Clerk to advertise the vacancy per
Borough Code 2.100.070 (D).
DISCUSSION:
The Clerk's Office received Ms. Kerry Irons' resignation letter on October 22, 2024. We would
like to extend our gratitude to Ms. Irons for her valuable contributions to the Board. Her
departure will result in a vacancy that is set to expire in December 2025.
ALTERNATIVES:
1J6'YN_1aILTA ;7_TQ6
OTHER INFORMATION:
Per KIBC 2.100.070 Vacancies.
D. In the event of a vacancy on a board, committee, or commission for any reason other than
the normal expiration of a term of office, the clerk shall cause notice thereof to be
published at least twice in a newspaper of general circulation within the borough. The
notice shall set forth the vacancies and any qualifications of members. The appointing
authority shall appoint a new member for the remaining unexpired term by KIBC 2.100.030.
Kodiak Island Borough
Page 93 of 109
Declaring A Seat Vacant On The Solid Waste Advisory Board (Ms. Kerry Iro...
AGENDA ITEM O.E.
October 22, 2024
Dear Mayor Arndt and Members of the Solid Waste Advisory Board,
It is with great regret that I submit my resignation to the Solid Waste Advisory
Board, effective on October 23, 2024. Unfortunately, I have too many
commitments right now and feel I simply cannot effectively contribute to
SWAB's ongoing work.
I have very much enjoyed being involved in helping to deepen the awareness
of community members to issues about the borough's landfill, recycling, and
other issues of solid waste management. I have learned so much in the
process! Plus it has been a real pleasure working with this team - board
members as well as the professional staff.
Thank you for this opportunity to serve our community. Best wishes as you
continue the important work of informing and inspiring our community.
Kerry Irons
Page 94 of 109
Declaring A Seat Vacant On The Solid Waste Advisory Board (Ms. Kerry Iro...
AGENDA ITEM #3.E.
KODIAK ISLAND BOROUGH
SOLID WASTE ADVISORY BOARD
NAME
TERM ENDS
I CONTACT NO.
EMAIL
At-Lar
a Seats
1
Teresa Pruitt
PO Box 8609
2025
(907) 942-3453
907 486-0048
vizhunz(cDgmail.com
2
Lawrence Van Daele
3401 Antone Way
2025
(907) 654-8822
kodiaklarry a)gmail.com
3
Andie Wall (Chair)
1719 Selief Lane
2026
(907) 654-1443
Andie.w.wall a-
gmail.com
4
VACANT
2025
5
VACANT
2024
2 Designated
Seats
Construction Business Re resentative
6
Douglas Hogen
3099 Spruce Cape Rd
2024
(907) 539-5407
907 486-4407
dlhogen(c)gmail.com
Retail Business Representative
7
VACANT
1 2024
NAME
TERM
CONTACT
EMAIL
Ex Officios, Non -Voting)
ENDS
NO.
1
Assembly Representative
October
(907) 942-0184
Steven.Ames(a)kibassembly.org
Steve Ames
2024
PO Box 2724
2
KIB Staff Representative
(907) 486-9357
dconrad(cbkodiakak.us
Dave Conrad
3
USCG Representative
(907) 487-5494
Jennifer. n.nutt(o-)uscg.mil
Jennifer N. Nutt
(907) 854-4514
Environmental Division Chief
4
City of Kodiak
(907) 654-7559
cgronn(a)citv.kodiak.ak.us
Representative
(907) 486-8670
Corey Gronn
PO Box 9005
5
KHS Student Council Rep
April 29
Annually
STAFF: Engineering and Facilities Depart ent
E&F Director Dave Conrad
907 486-9357
dconrad kodiakak.us
E&F SecretaryBrian Price
907 486-9343
b rice kodiakak.us
LEGISLATION:
Kodiak Island Borough Code 2.145, Solid Waste Advisory Board
By-laws adopted and ratified on June 2, 2010
Ms. Irons' was appointed to a regular seat and term extended by an additional year
Rev. by LC
On: 10/22/2024
Page 95 of 109
Declaring A Seat Vacant On The Solid Waste Advisory Board (Ms. Kerry Iro...
AGENDA ITEM #3.F.
KODIAK ISLAND BOROUGH
STAFF REPORT
NOVEMBER 14, 2024
ASSEMBLY SPECIAL MEETING
SUBJECT: Confirmation Of Mayoral Appointments Of Ms. Leanna Harrington and Ms.
Kimberly Olson To The Solid Waste Advisory Board
ORIGINATOR: Irene Arellano, Assistant Clerk
RECOMMENDATION:
Move to confirm the mayoral appointments to the Solid Waste Advisory Board of Ms. Leanna
Harrington to an At -Large seat for a term to expire on December 31, 2024, and Ms. Kimberly
Olson to a Retail Business Representative seat for a term to expire on December 31, 2024
DISCUSSION:
There are currently one at -large seat and one retail business representative seat vacant on
the Solid Waste Advisory Board. These appointments will assign Ms. Harrington to the At -
Large seat to expire on December 31, 2024, and Ms. Kimberly Olson to a Retail Business
Representative seat to expire on December 31, 2024.
Clerk's note: There is currently one pending application from Ms. Judith Philipps. The
Assembly must vacate the seat currently held by Ms. Kerry Irons to facilitate Ms. Philipps'
appointment to that position. Additionally, the clerk must fulfill the two consecutive weeks of
advertising required by the code.
ALTERNATIVES:
FISCAL IMPACT:
OTHER INFORMATION:
KIB Code 2.100.030 Appointments.
A. Members of boards, committees, and commissions, except for members of the board of
adjustment, members of the board of equalization, and elected service area board members,
are appointed by the mayor and confirmed by the assembly unless otherwise specifically
provided elsewhere in this code.
B. An appointment not confirmed by the assembly shall not become effective. The mayor
shall appoint a new applicant until an appointment is confirmed by the assembly. The mayor
may not appoint again the same person whose confirmation was failed by the assembly for
the same board, committee, or commission until the next annual appointment process unless
authorized by the assembly
Kodiak Island Borough
Page 96 of 109
Confirmation Of Mayoral Appointments Of Ms. Leanna Harrington and Ms. K...
AGENDA ITEM #3.F.
Office of the Borough Clerk
Application For 710 Mill Bay Road, Room 234
Kodiak, AK 99615
a Boards, Committees, Commission Phone: (907) 486-9310
& Work Groups Fax: (907) 486-9391
clerksrakodiakak.us
The information on this application is made available to the public. In order to serve, you need to meet the
requirements in KIBC 2.100.040. Please check all that applies.
❑ I am a qualified voter of the Borough.
❑ I have been a resident of the Borough for at least one year.
❑ If appointed, I understand that I must remain a resident of the Borough while in office.
Full
Physical Address Where you Claim Residency: %. D ��/L��(�U�� �.i��,� SETk
V
Mailing Address:
Phone Number(s): 0-42��
EmailAddress(s):a�j[��'�/�/lJ`
Employer/Occupation:
VL
Check the Board, Committee, Commission, or Work Group for which you are applying:
O Architectural/Engineering Review Board
O Citizens Board of Equalization
O Kodiak Fisheries Development Association
O Kodiak Fisheries Work Group
Cl Parks and Recreation Committee
O Planning and Zoning Commission*
$, Solid Waste Advisory Board
17 Other:
O Bay View Road Service Area
O Fire Protection Area No.1
O Monashka Bay Road Service Area
O Mission Lake "Tide Gate" Service Area
O Service Area No.1
17 Trinity Island Street Light Service Area
O Womens Bay Service Area Board
O Woodland Acres Street Light Service Area
Are you a Borough Resident? e Yes O No If yes, for how tong?
*Planning and Zoning Commissions are required to fill out the Alaskan Ublic Offices Commission Financial
Disclosure Forms. If appointed, are you willing to fill out the forms? F1 Y es O No
Page 97 of 109
Confirmation Of Mayoral Appointments Of Ms. Leanna Harrington and Ms. K...
AGENDA ITEM #3.F.
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):
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. You may attach an additional page if needed:
1
,4 0 �U.AIAIIAALA
A resume or letter of interest may be attached but is not required.
-STAFF USE ONLY -
Borough Registered Voter: Yes ❑ No Resident of the Borough for at least one year: Yes ❑ No
Resident of the City of Kodiak: ❑Yes ❑ No Resident of the Service Area: ❑Yes ❑ No
Date received:
Date provided to the Mayor or Assembly:
WRMB
OCT 1 1 2024
For P&Z City seats, date sent to the City of Kodiak:
Additional notes:
KODIAK, ALASKA
REVISED 01/24
Page 98 of 109
Confirmation Of Mayoral Appointments Of Ms. Leanna Harrington and Ms. K...
AGENDA ITEM #3.F.
a Office of the Borough Clerk
Application For 710 Mill Bay Road, Room 234
ac Kodiak, AK 99615
Boards, Committees, Commission Phone: (907) 486-9310
& Work Groups Fax: (907) 486-9391
clerksfakodiakak.us
The information on this application is made available to the public. In order to serve, you need to meet
the requirements in KIBC 2.100.040. Please answer yes to those that apply.
I am a qualified voter of the Borough. Yes
I have been a resident of the Borough for at least one year. Yes
If appointed, I understand that I must remain a resident of the Borough while in office. Yes
Applicant Information y
Full Name: , rYl va-,r�l U15(DCN
Physical Address Where you Claim Residency: —T00 ck LCL,,�\2 1, B koc� ak (-y-
Mailing Address: �C) 0 K(DkC(l` o'Y- 99�0
PhoneNumber(s): qi(� q�—l- 3C,a 2
Email Address(s): o�SL-,n co rr
Employer/Occupation: Sjtx2 rnc�c naer [�� tJcx\-�i
Check the Board, Committee, Commission, or Work Group for which you are applying:
❑Architectural/Engineering Review Board
❑Bay View Road Service Area
❑Citizens Board of Equalization
Dire Protection Area No.1
❑Kodiak Fisheries Development Association
❑Monashka Bay Road Service Area
❑Kodiak Fisheries Work Group
DIVlission Lake "Tide Gate" Service Area
❑Parks and Recreation Committee
❑IService Area No.1
❑Planning and Zoning Commission*
Urrinity Island Street Light Service Area
❑✓ Solid Waste Advisory Board
❑Womens Bay Service Area Board
❑Other:
❑Woodland Acres Street Light Service Area
Please Answer the Following
Are you a Borough Resident?Yes If yes, for how long?
'Planning and Zoning Commissions are required to fill out the Alaska Public Offices Commission Financial
Disclosure Forms. If appointed, are you willing to fill out the forms? No
Page 99 of 109
Confirmation Of Mayoral Appointments Of Ms. Leanna Harrington and Ms. K...
AGENDA ITEM #3.F.
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):
Retail Business Representative
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. You may attach an additional page if needed:
`b cY, fir°, iu 44-e- -_ �� 0
_es err a&QQCcJe V_ 0\"C�CS d
�1oc �-I;2e �n�l�rumu�lAl s�f'✓ -��c� b1;C l��+c,_l�-h eSS.
A resume or letter of interest may be attached but is not required.
-STAFF USE ONLY -
Borough Registered Voter: Yes Resident of the Borough for at least one year: Yes ✓
Resident of the City of Kodiak: Yes Resident of the Service Area: Yes
Date received: For P&Z City seats, date sent to the City of Kodiak:
Date provided to the Mayor or Assembly:
U99M5 Additional notes:
MAR 0 1 2024
BOROUGH CLERK'S OFFICE
KODWA ALASKA
REVISED 01124
Page 100 of 109
Confirmation Of Mayoral Appointments Of Ms. Leanna Harrington and Ms. K...
AGENDA ITEM #3.F.
KODIAK ISLAND BOROUGH
SOLID WASTE ADVISORY BOARD
NAME
TERM ENDS
I CONTACT NO.
EMAIL
At-Lar
a Seats
1
Teresa Pruitt
PO Box 8609
2025
(907) 942-3453
907 486-0048
vizhunz(agmail.com
2
Lawrence Van Daele
3401 Antone Way
2025
(907) 654-8822
kodiaklarry o)gmail.com
3
Andie Wall (Chair)
1719 Selief Lane
2026
(907) 654-1443
And ie.w.wallegmail.com
4
Kerry Irons (Vice -Chair)'
PO Box 1522
2025
(907) 942-0186
907 486-5193
kerryirons(a)gmail.com
5
VACANT
2024
2 Designated
Seats
Construction Business Representative
6
Douglas Hogen
3099 Spruce Cape Rd
2024
(907) 539-5407
907 486-4407
dlhogen(a)gmail.com
Retail Business Representative
7
VACANT
1 2024
NAME
TERM
CONTACT
EMAIL
Ex Officios, Non -Voting)
ENDS
NO.
1
Assembly Representative
October
(907) 942-0184
Steven.Ames(cbkibassemblv.org
Steve Ames
2024
PO Box 2724
2
KIB Staff Representative
(907) 486-9357
dconrad(a-)kodiakak.us
Dave Conrad
3
USCG Representative
(907) 487-5494
Jennifer.n.nutt(a)uscq.mil
Jennifer N. Nutt
(907) 854-4514
Environmental Division Chief
4
City of Kodiak
(907) 654-7559
cgronn(a)citv.kodiak.ak.us
Representative
(907) 486-8670
Corey Gronn
PO Box 9005
5
KHS Student Council Rep
April 29
Annually
STAFF: Engineering and Facilities Depart ent
E&F Director Dave Conrad
907 486-9357
dconrad kodiakak.us
E&F Secretary Brian Price
907 486-9343
b rice kodiakak.us
LEGISLATION:
Kodiak Island Borough Code 2.145, Solid Waste Advisory Board
By-laws adopted and ratified on June 2, 2010
" Ms. Irons' was appointed to a regular seat and term extended by an additional year
Rev. by LC
On: 1 /5/2024
Page 101 of 109
Confirmation Of Mayoral Appointments Of Ms. Leanna Harrington and Ms. K...
AGENDA ITEM O.G.
KODIAK ISLAND BOROUGH
STAFF REPORT
NOVEMBER 14, 2024
ASSEMBLY SPECIAL MEETING
D-1 - (�r
SUBJECT: Confirmation Of Assembly Appointment To The Bayview Service Area Board
Of Mr. Sean Rauwolf
ORIGINATOR: Irene Arellano, Assistant Clerk
RECOMMENDATION:
Move to confirm the Assembly appointment of Mr. Sean Rauwolf to the Bayview Service Area
Board for a term to expire October 2027.
DISCUSSION:
On October 11, 2024, an application was received from Mr. Sean Rauwolf, an incumbent
board member, whose term ended in October 2024. There are currently three vacant seats on
the Bay View Road Service Area Board, and this appointment will assign Mr. Rauwolf to a
vacant seat which will expire in October 2027.
The application was forwarded to the two board members that are currently on the board
ALTERNATIVES:
FISCAL IMPACT:
OTHER INFORMATION:
K/BC 4.15.040 Vacancies
D. The clerk shall provide a standard application form for interested persons to complete.
The form, letters or other expressions of interest shall be made to the clerk who shall forward
copies to the service area board.
E. The service area board may submit its nomination of a person from the submitted
applications to fill the vacancy to the assembly. The assembly shall appoint a new member
selected from the submitted applications for the remaining unexpired term.
Kodiak Island Borough
Page 102 of 109
Confirmation Of Assembly Appointment To The Bayview Service Area Board 0...
AGENDA ITEM #3. G.
Office of the Borough Clerk
Application For 710 MR[ Bay Road, Room 234
Kodiak, AK 99615
Boards, Committees, Commission
a Phone: (907) 486-9310
& Work Groups Fax: (907) 486-9391
clerks kodiakak.us
The information on this application is made available to the public. In order to serve, you need to meet the
requirements in KIBC 2.100.040. Please check all that applies.
11 am a qualified voter of the Borough.
Erl have been a resident of the Borough for at least one year.
CIf appointed, I understand that I must remain a resident ofthe Borough while in office.
Applicant Information
Full Name:v��o��
Physical Address Where you Claim Residency: ?5o o &M^y i e--,1 70i � j2
Mailing Address: o250D I. AU J,-PW Z)4V-t—
Phone Number(s): �67. 970Q" a 196
EmailAddress(s): Sea✓►@ 4J'ew�• (Gpcil�� • CO—
Employer/Occupation:elC�' p��2ylnu.y�rco.
Check the Board, Committee, Commission, or Work Group for which you are applying:
O Architectural/Engineering Review Board 34Bay View Road Service Area
O Citizens Board of Equalization O Fire Protection Area No. 1
O Kodiak Fisheries Development Association O Monashka Bay Road Service Area
O Kodiak Fisheries Work Group O Mission Lake "Tide Gate" Service Area
O Parks and Recreation Committee O Service Area No. 1
O Planning and Zoning Commission* O Trinity Island Street Light Service Area
O Solid Waste Advisory Board O Womens Bay Service Area Board
O Other: O Woodland Acres Street Light Service Area
Please Answer the Following
Are you a Borough Resident? 3/fes O No If yes, for how long? 1 a --
*Planning and Zoning Commissions are required to fill out the Alaska Public Offices Commission Financial
Disclosure Forms. If appointed, are you willing to fill out the forms? O Y es O No
Page 103 of 109
Confirmation Of Assembly Appointment To The Bayview Service Area Board 0...
AGENDA ITEM #3. G.
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. You may attach an additional page if needed:
A resume or letter of interest may be attached but is not required.
- STAFF USE ONLY -
Borough Registered Voter: Yes O No Resident of the Borough for at least one year: Yes f] No
Resident of the City of Kodiak: O Yes f�No Resident of the Service Area: C+fYes O No
Date received:
For P&Z City seats, date sent to the City of Kodiak:
Date provided to the Mayor or Assembly:
Additional notes:
T 1 1 2024
BOROUGH CLERICS OFFICE
KODIAK, AIASKA
REVISED 01/24
Page 104 of 109
Confirmation Of Assembly Appointment To The Bayview Service Area Board 0...
AGENDA ITEM O.G.
KODIAK ISLAND BOROUGH
BAY VIEW ROAD SERVICE AREA BOARD
NAME
TERM ENDS
CONTACT NO.
EMAIL
1
Jim Carmichael
PO Box 2545
2025
(206) 321-6395
lime-wecarmichael.com
2
Fred Roberts
PO Box 8530
2027
(907) 539-1571
kodiak375(a)yahoo.com
3
VACANT
2027
4
VACANT
2026
5
VACANT
2025
LEGISLATION:
Kodiak Island Borough Code 4.90, Bay View Road Service Area
Rev. by IA
On: 10/18/2024
Page 105 of 109
Confirmation Of Assembly Appointment To The Bayview Service Area Board 0...
T
m
0
M
0
0
KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET
Regular Special
Convened: 11.5� Recessed:
BY:
SECOND:
BY:S
SECOND:
OV
BY:
SECOND:
C)
O
Reconvened:
��BY: J
SECOND: 95
I a �
Date: I `4-
Adjourned:
ROPA111"1
YES i NO
BY:
SECOND: ( _
7
it
Mr. Ames
Mr. Griffin
Mr. Griffin
Mr. Griffin
Mr. Griffin
Mr. Griffin
Mr. Johnson
Mr. Johnson
Mr. Johnson
Mr.Johnson
Mr. Johnson
Mr. LeDoux
Mr. Sharratt
Mr. Sharratt
Mr. Sharratt
Mr. Sharratt
Mr. Sharratt
Mr. Smiley
Mr. Smiley
Mr. Smiley
Mr. Smiley
V
Mr. Smiley
Mr. Whiteside
V
Mr. Whiteside
V
Mr. Whiteside
Mr. Whiteside
Mr. Whiteside
WOULD
A ANYONE LIKE TO CHANGE THEIR VOTE? WOULD ANYONE LIKE TO CHANGE_ THEIR VOTE?
TOTAL:
TOTAL:
TOTAL:
TOTAL:
TOTAL:
The mayor may n
t vote except in the case where only six members of the assembly are present and there is a t ree/three tie vote of the assembly.
Mayor Arndt
Mayor Arndt
I
I
I Mayor Arndt
I
I
I Mayor Arndt
I
I
I Mayor Arndt
v
CD
4
0
C)
Regular Special
Convened:
KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET
Recessed:
Reconvened:
Date: [
Adjourned:
BY:
SECOND: S1A/
5
BY: USBY:
SECOND �/ SECOND:57
BY:TG
SECOND: �G,
BY: j�
SECOND: e7�
YES
NO
YES
NO
YES
NO
YES
NO
YES
NO
es�
Mr. Griffin
Mr. Griffin
V
Mr. Griffin
Mr. Griffin
Mr. Griffin
Mr. Johnson
Mr. Johnson
Mr. Johnson
Mr. Johnson
Mr. Johnson
Doux
r_-LeDou
Mr. Sharratt
Mr. Sharratt
Mr. Sharratt
Mr. Sharratt
Mr. Sharratt
Mr. Smiley ya-
Mr. Smile
Mr. Smiley �/
Mr. Smiley
Mr. Smiley
Mr. Whiteside
Mr. Whitesid
Mr. Whiteside
Mr. Whiteside
V
Mr. Whiteside
f
ANYONE LIKE TO CHANGE THEIR VOTE? WOULD ANYONE LIKE TO CHANGE THEIR VOTE?
TOTAL:
WOULD
TOTAL:
TOTAL:
TOTAL:
—
TOTAL:11411
The mayor may not
vote except in the case where onTy six members of the assembly are present and there is a tfrreetthree tie vote of the assembly.
Mayor Arndt
Mayor Arndt
Mayor Arndt
Mayor Arndt
Mayor Arndt
T
0)
0
0
00
0
C)
(D
Re ular S ecial V
9 P
Convened:
KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET
Recessed:
Reconvened:
Date: i f �V
Adjourned: l(/
BY: 0
SECOND: �?
13ea,
BY:1�
SECOND:
1 �IY
V "
BY:
SECOND:
BY:
SECOND:
BY:
SECOND:
YES
NO
YES
NO
YES
NO
YES
NO
YES
NO
r. Ames
Mr. Griffin
Mr. Griffin
Mr. Griffin
Mr. Griffin
Mr. Griffin
Mr. Johnson
Mr. Johnson
Mr.Johnson
Mr. Johnson
Mr. Johnson
-Mf--beD
-MI-LSD
Mr. Sharratt V
Mr. Sharratt
Mr. Sharratt
Mr. Sharratt
Mr. Sharratt
Mr. Smiley
Mr. Smiley
Mr. Smiley
Mr. Smiley
Mr. Smiley
Mr. Whiteside
VMr.
Whiteside
Mr. Whiteside
Mr. Whiteside
Mr. Whiteside
—WOULD
ANYONE LIKE TO CHANGE THEIR VOTE? WOULD ANYONE LIKE TO CHANGE THEIR VOTE?
TOTAL:
TOTAL:
TOTAL:
TOTAL:
TOTAL:
The mayor may not
vote except in the case where only six members of the assembly are present and there is a three/three tie vote of the assembly.
Mayor Arndt
Mayor Arndt
Mayor Arndt
Mayor Arndt
Mayor Arndt
AGENDA ITEM #5.A.
KODIAK ISLAND BOROUGH
Meeting Type: Assembly Special Meeting Date: NOy - ly I �D2�
Please PRINT vour name legibly Phone number
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